City of Sunnyvale  
Meeting Minutes  
Planning Commission  
Monday, April 10, 2023  
5:30 PM  
Online and Bay Conference Room  
(Room 145), City Hall,  
456 W. Olive Ave.,  
Sunnyvale, CA 94086  
Special Meeting: Study Session - 5:30 PM | Public Hearing - 7:00 PM  
5:30 P.M. STUDY SESSION  
Call to Order  
Vice Chair Iglesias called the meeting to order at 5:30 PM.  
Roll Call  
Present: 7 -  
Chair Martin Pyne  
Vice Chair Nathan Iglesias  
Commissioner Daniel Howard  
Commissioner John Howe  
Commissioner Michael Serrone  
Commissioner Neela Shukla  
Commissioner Carol Weiss  
Study Session  
A.  
Proposed Project:  
Related applications on a 0.40-acre site:  
23-0469  
SPECIAL DEVELOPMENT PERMIT: to demolish an existing  
single-family home and construct eight condominium units within a  
three-story building.  
TENTATIVE MAP: to create eight condominiums.  
Location: 444 Old San Francisco Road (APN: 211-01-031)  
File #: 2020-7112  
Zoning: R-4/PD (High Density Residential/Planned Development)  
Applicant/Owner: S V Wzredwood Capital LLC (applicant and owner)  
Environmental Review: A Class 32 Exemption relieves this project  
from California Environmental Quality Act provisions.  
Project Planner: Aastha Vashist, (408) 730-7458,  
avashist@sunnyvale.ca.gov  
Proposed Project:  
Related applications on a 0.85-acre site:  
B.  
23-0497  
SPECIAL DEVELOPMENT PERMIT: for the construction of 18  
three-story condominium units and the retention of one  
single-family house (156 Crescent Avenue);  
RESOURCE ALTERATION PERMIT: for the demolition of one  
single-family house (148 Crescent Avenue) designated as a  
Heritage Resource; and  
TENTATIVE PARCEL MAP: to create one lot and 19  
condominium units.  
Location: 148 and 156 Crescent Avenue (APNs: 211-35-008 and  
211-35-009)  
File #: 2021-7265 and 2021-7826  
Zoning: R-3/PD (Medium Density Residential / Planned Development)  
Applicant / Owner: Samir Sharma (applicant) / Crescent Avenue LLC  
(owner)  
Environmental Review: Class 32 Categorical Exemption relieves this  
project from the California Environmental Quality Act (CEQA) provisions.  
Project Planner: Momo Ishijima, (408) 730-7532,  
mishijima@sunnyvale.ca.gov  
Adjourn Study Session  
7 P.M. PLANNING COMMISSION MEETING  
CALL TO ORDER  
Chair Pyne called the meeting to order at 7:40 PM.  
SALUTE TO THE FLAG  
Chair Pyne led the salute to the flag.  
ROLL CALL  
Present: 7 -  
Chair Martin Pyne  
Vice Chair Nathan Iglesias  
Commissioner Daniel Howard  
Commissioner John Howe  
Commissioner Michael Serrone  
Commissioner Neela Shukla  
Commissioner Carol Weiss  
ORAL COMMUNICATIONS  
Andrea Wald spoke of the detrimental effects that artificial turf has on the  
environment and our health due to the large amount of water required to produce  
them and the toxic chemicals that they leach. She shared her hope that the City may  
ban the use of this material in residential developments and on sports fields.  
Chris Martinez, union carpenter for Local 405, asked that consideration be given to  
labor standards for construction workers. These standards include higher wages,  
local hiring, apprenticeship programs, and healthcare benefits.  
CONSENT CALENDAR  
There were no public speakers for this agenda item.  
Commissioner Howard confirmed with Administrative Aide Guia Sharma that the  
minutes for the Planning Commission meeting of March 27, 2023 are considered  
final upon approval by the Planning Commission as a Consent Calendar item.  
MOTION: Commissioner Howe moved and Commissioner Howard seconded the  
motion to approve the Consent Calendar.  
The motion carried by the following vote:  
Yes: 6 -  
Chair Pyne  
Commissioner Howard  
Commissioner Howe  
Commissioner Serrone  
Commissioner Shukla  
Commissioner Weiss  
No: 0  
Abstained: 1 - Vice Chair Iglesias  
Approve Planning Commission Meeting Minutes of March 27, 2023  
1.  
23-0495  
Approve Planning Commission Meeting Minutes of March 27, 2023 as submitted.  
PUBLIC HEARINGS/GENERAL BUSINESS  
Forward a Recommendation to the City Council to Introduce an  
Ordinance to Add Chapter 19.71 of Title 19 of the Sunnyvale Municipal  
Code Creating a Residential Tenant Protections Programs (Study Issue)  
2.  
23-0485  
Affordable Housing Manager Ernie Defrenchi presented the staff report.  
Commissioner Weiss confirmed with Affordable Housing Manager Defrenchi and  
Senior Assistant City Attorney Rebecca Moon that the proposed ordinance will go  
into effect by early to mid-June 2023 if it is approved by City Council.  
Commissioner Weiss suggested that relocation expenses for no-fault evictions  
should be dependent on the length of a tenant’s residency. She also voiced her  
opinion that perhaps these expenses should apply only to larger companies rather  
than smaller units, or duplexes, triplexes, and fourplexes in which the landlord also  
resides. Affordable Housing Manager Defrenchi responded that according to state  
law, landlords are exempt from providing tenant protections in the form of relocation  
if the tenant they are evicting is within the first twelve months of their lease. He  
added that this requirement does not apply to duplexes, including owner-occupied  
duplexes, or Accessory Dwelling Units (ADU).  
Commissioner Serrone confirmed with Affordable Housing Manager Defrenchi that  
the proposed ordinance will apply to all developments regardless of how long they  
have had their certificate of occupancy.  
Commissioner Serrone discussed with Affordable Housing Manager Defrenchi the  
amount of time in which a landlord must return a tenant’s deposit in the event of a  
no-fault just cause eviction.  
Commissioner Serrone asked whether notices pertaining to the proposed ordinance  
will be offered in languages other than English. Affordable Housing Manager  
Defrenchi answered that such notices will include verbiage in languages other than  
English which will advise the reader that the notice is important and will require  
interpretation by a translator.  
Commissioner Serrone inquired about how many days’ notice a landlord must  
provide a tenant they are evicting under the proposed ordinance.  
Commissioner Serrone confirmed with Affordable Housing Manager Defrenchi that  
tenants may hire a lawyer and sue their landlord if they do not receive relocation  
assistance equal to two months of rent.  
Commissioner Serrone and Affordable Housing Manager Defrenchi discussed  
feedback from the stakeholders’ outreach meeting regarding the consideration of  
relocation assistance in the form of moving costs in the event a landlord or property  
owner can provide a “like unit” within a reasonable distance of the current property.  
Commissioner Serrone and Commissioner Howard received clarification from  
Affordable Housing Manager Defrenchi regarding the applicability of tenant  
protections as stipulated by state law.  
Vice Chair Iglesias shared his concerns regarding the negative impacts that the  
requirement to provide tenant protections would have upon homeowners who are  
not profiting significantly from their tenants’ rent. Affordable Housing Manager  
Defrenchi responded that the Planning Commission may recommend that the  
relocation assistance required of applicable landlords and property owners may be  
equivalent to one month of rent rather than two. He added that the staff  
recommendation is in alignment with the requirements of neighboring jurisdictions.  
Vice Chair Iglesias confirmed with Affordable Housing Manager Defrenchi that the  
event in which a tenant is displaced because of a landlord or property owner moving  
a relative into the property would be considered a no-fault just cause eviction.  
Affordable Housing Manager Defrenchi explained that protections for this type of  
eviction would apply regardless of how long a development has had a certificate of  
occupancy.  
Commissioner Shukla proposed that the City should offer a web page or website  
that includes information on the proposed ordinance and lease documents that  
landlords may use containing verbiage associated with the proposed ordinance.  
Affordable Housing Manager Defrenchi stated that there is a plan in place to  
accommodate such a request, and he noted that community outreach meetings  
have been held to educate tenants, property owners, and residents about the  
proposed ordinance and what it entails.  
Chair Pyne advocated for the comprehensibility of the proposed ordinance so that  
tenants may understand their rights. He asked whether the lease addendum  
containing information on the proposed ordinance will be made available in  
languages other than English. Affordable Housing Manager Defrenchi answered  
that while this may not be the case, the addendum will include verbiage in  
languages other than English which will advise the reader that the addendum is  
important and will require interpretation by a translator.  
Vice Chair Iglesias confirmed with Affordable Housing Manager Defrenchi that the  
proposed ordinance would not affect tenants or landlords already in a lease.  
Vice Chair Iglesias asked whether landlords might be incentivized to evict tenants  
prior to the completion of their twelve-month lease to avoid providing relocation  
assistance. Affordable Housing Manager Defrenchi answered that this is not a  
concern.  
Chair Pyne opened the Public Hearing.  
Janet Murdock, Sunnyvale resident and landlord, shared her concerns regarding  
the proposed ordinance and its requirement that twelve-month leases must be  
renewed indefinitely. She also detailed the negative impacts that this would have  
upon mom-and-pop fourplex owners such as herself.  
Agnes Veith, Sunnyvale resident and Livable Sunnyvale Board member,  
emphasized the importance of providing tenant protections, commended staff on  
their efforts on the proposed ordinance, and urged the Planning Commission to  
authorize landlords to pay relocation assistance equal to two months of rent in the  
event of no-fault just cause evictions.  
Chair Pyne closed the public hearing.  
Commissioner Howard responded to earlier comments made by Vice Chair Iglesias.  
He also suggested that the lease addendum be made available in Spanish, if  
feasible. Lastly, he noted that the costs associated with relocation assistance would  
be proportional to the rent charged by landlords.  
Commissioner Serrone asked whether a tenant and their landlord may agree to  
temporary relocation provisions that may contradict the relocation assistance  
required by the proposed ordinance. Affordable Housing Manager Defrenchi  
responded that this may be agreed upon as long as it is amenable to both parties.  
Commissioner Serrone commented that it is worth considering different  
requirements depending on different property types or property owners. Affordable  
Housing Manager Defrenchi stated that the Planning Commission may make this  
recommendation if desired.  
Commissioner Weiss proposed that the recommendations made by the Planning  
Commission exempt owner-occupied duplexes, triplexes, and fourplexes.  
Vice Chair Iglesias spoke in agreement with comments made by Commissioner  
Serrone and Commissioner Weiss. He added that the proposed ordinance must  
consider the wide range of income levels across City residents.  
Commissioner Shukla voiced her support of staff recommendations.  
MOTION: Commissioner Howard moved and Commissioner Howe seconded the  
motion to approve Alternative 2 – Recommend that City Council: Introduce an  
Ordinance to add Chapter 19.71 (Residential Tenant Protections Ordinance) to Title  
19 (“Zoning”) of the Sunnyvale Municipal Code creating a Residential Tenant  
Protections Programs with a modification.  
The modification is stated below:  
1.) If feasible, the lease addendum containing applicable information on the  
proposed ordinance must be made available to tenants in Spanish.  
Commissioner Howard acknowledged that state law is what is informing the  
proposed ordinance and reiterated the importance of tenant protections when  
considering the better financial position that a property owner is in.  
Affordable Housing Manager Defrenchi advised that the City may not require  
landlords to provide leases and lease addendums to their tenants in Spanish.  
Commissioner Howard responded that this modification be accommodated only if  
feasible.  
Commissioner Howe noted that the proposed ordinance may negatively impact  
operators of smaller rental properties and inhibit others from becoming landlords.  
FRIENDLY AMENDMENT: Commissioner Howe proposed a friendly amendment to  
specify that a tenant can agree to waive their right to relocation assistance, equal to  
two months of rent, in exchange for other accommodations provided by the property  
owner (e.g., storage for their household items, differential rental payment for  
temporary lodging, guarantee that the tenant may return to their unit under the same  
lease terms, etc.), and any such arrangement must be memorialized in a written  
agreement signed by the tenant and their property owner.  
FORMAL AMENDMENT: Commissioner Weiss moved and Commissioner Serrone  
seconded the motion to exempt owner-occupied duplexes, triplexes, and fourplexes  
from the tenant protections requirements posed by the proposed ordinance.  
Commissioner Weiss stated that there is a difference between property owners who  
live in the properties they rent out and large real estate investors. For this reason,  
she emphasized the importance of distinct requirements for tenant protections  
offered by different property owners of various property types.  
Commissioner Serrone spoke in agreement with comments made by Commissioner  
Weiss. He added that neighboring cities have a similar exemption in place already.  
Commissioner Howard shared his concerns that such an exemption might further  
complicate the comprehensibility of the proposed ordinance especially among  
populations that do not speak English as a first language, if at all.  
Chair Pyne voiced his agreement with concerns expressed by Commissioner  
Howard and stated he is not entirely in agreement with the categorization of  
neighboring cities.  
The motion for the formal amendment failed by the following vote:  
Yes: 2 -  
Commissioner Serrone  
Commissioner Weiss  
No: 5 -  
Chair Pyne  
Vice Chair Iglesias  
Commissioner Howard  
Commissioner Howe  
Commissioner Shukla  
Chair Pyne summarized the original motion which is as follows:  
MOTION: Commissioner Howard moved and Commissioner Howe seconded the  
motion to approve Alternative 2 – Recommend that City Council: Introduce an  
Ordinance to add Chapter 19.71 (Residential Tenant Protections Ordinance) to Title  
19 (“Zoning”) of the Sunnyvale Municipal Code creating a Residential Tenant  
Protections Programs with modifications.  
The modifications are stated below:  
1.) If feasible, the lease addendum containing applicable information on the  
proposed ordinance must be made available to tenants in Spanish.  
FRIENDLY AMENDMENT: Commissioner Howe proposed a friendly amendment to  
specify that a tenant can agree to waive their right to relocation assistance, equal to  
two months of rent, in exchange for other accommodations provided by the property  
owner (e.g., storage for their household items, differential rental payment for  
temporary lodging, guarantee that the tenant may return to their unit under the same  
lease terms, etc.), and any such arrangement must be memorialized in a written  
agreement signed by the tenant and their property owner.  
Chair Pyne spoke in support of the motion and thanked staff for the hard work they  
invested in the proposed ordinance which provides both tenant protections and  
property owner rights.  
The motion carried by the following vote:  
Yes: 6 -  
Chair Pyne  
Commissioner Howard  
Commissioner Howe  
Commissioner Serrone  
Commissioner Shukla  
Commissioner Weiss  
No: 1 - Vice Chair Iglesias  
This recommendation will be forwarded to the City Council for consideration at the  
April 25, 2023 meeting.  
Proposed Project: Related applications on a 3,920 square-foot site:  
DESIGN REVIEW: To allow construction of a 957 square-foot  
first and second-floor addition to an existing single-family home,  
resulting in 2,282 square feet living area (no covered parking) and  
58.5% Floor Area Ratio (FAR), and  
3.  
23-0357  
VARIANCE: To allow 28% rear yard encroachment, where 25%  
maximum is permitted.  
Location: 404 S. Murphy Ave. (APN: 209-26-023)  
File #: 2021-7829  
Zoning: DSP-10 (Downtown Specific Plan Area Block 10)  
Applicant / Owner: Bay Area Project Pro / Devang and Vina Bhuva  
Environmental Review: A Class 3 Categorical Exemption relieves this  
project from the California Environmental Quality Act (CEQA) provisions.  
Project Planner: Mary Jeyaprakash, (408) 730-7449,  
mjeyaprakash@sunnyvale.ca.gov  
Senior Planner Mary Jeyaprakash presented the staff report.  
Commissioner Weiss confirmed with Senior Planner Jeyaprakash that while this  
house is part of the Downtown Specific Plan, it does not have any historic  
designation.  
Chair Pyne opened the Public Hearing.  
Vina and Devang Bhuva (property owners) and Thanh Nguyen (Designer)  
presented information about the proposed project.  
At Commissioner Serrone’s request, Mr. Nguyen provided additional details on  
plans for the proposed project’s basement.  
Commissioner Serrone confirmed with Mr. Nguyen that, because of the proposed  
project’s expansion of the existing property, the shed on the property will be  
removed.  
Vice Chair Iglesias received clarification from Senior Planner Jeyaprakash about  
how the proposed project’s side bay windows will not be removed since they are  
behind the required setback line.  
Vice Chair Iglesias commented on the beautiful design of the proposed project and  
stated that he is in overall support of the proposed project.  
There were no public speakers for this agenda item.  
Mr. and Ms. Bhuva and Mr. Nguyen presented additional information about the  
proposed project.  
Chair Pyne closed the Public Hearing.  
MOTION: Commissioner Weiss moved and Vice Chair Iglesias seconded the motion  
to approve Alternative 1 – Approve the Design Review and Variance with the  
Recommended Conditions of Approval in Attachment 4.  
Commissioner Weiss stated that findings for the Single-Family Home Design  
Techniques have been met and that the proposed project is aesthetically pleasing,  
will add to the neighborhood, and keeps the feel of the current house. She shared  
her hope that her fellow Commissioners will approve the motion.  
Vice Chair Iglesias revealed that he is happy to support the proposed project,  
expressed his gratitude to staff for their explanations on the proposed project, and  
commented that Sunnyvale is fortunate to have Mr. and Ms. Bhuva as residents.  
Commissioner Howard spoke in overall support of the proposed project due to  
staff’s recommendations and since it has not received any objections from  
surrounding neighbors.  
Commissioner Shukla agreed with comments made by Commissioners who spoke  
before her about the house being a good addition to the downtown area. She also  
thanked staff for their collaboration on the proposed project’s great design.  
Chair Pyne voiced his support of the motion, agreed that the proposed project will  
make a great addition to neighborhood, stated that he can make the findings to  
support the variance, and revealed that he looks forward to the proposed project’s  
completion.  
The motion carried by the following vote:  
Yes: 7 -  
Chair Pyne  
Vice Chair Iglesias  
Commissioner Howard  
Commissioner Howe  
Commissioner Serrone  
Commissioner Shukla  
Commissioner Weiss  
No: 0  
This decision is final unless appealed or called up for review by the City Council by  
5:00 PM on Tuesday, April 25, 2023.  
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES  
Proposed Study Issue for 2024: Dark Sky Ordinance for Private  
Residences  
4.  
23-0488  
Commissioner Weiss presented information about the proposed study issue.  
Commissioner Shukla agreed that while the study issue should be considered within  
the context of single-family homes, it should also be expanded to include multi-family  
homes.  
Commissioner Howard spoke in support of the proposed study issue and inquired  
about the possibility of expanding the study so that it might encompass the City in its  
entirety.  
Planning Officer Mendrin clarified that if the proposed study issue focuses  
specifically on private development as opposed to City streetlights, it may be  
incorporated into the Single-Family Home Design Techniques and Objective Design  
Standards. He added that they may also explore the Dark Sky Ordinance in the  
context of private development. Commissioner Weiss confirmed that this was her  
intention when she proposed the study issue.  
Commissioner Serrone confirmed with Planning Officer Mendrin that a separate  
study issue will need to be proposed to and processed by the City’s Department of  
Public Works for lighting in the public right-of-way.  
Commissioner Shukla confirmed with Planning Officer Mendrin that the intent of the  
Objective Design Standards is to inhibit subjectivity and improve clarity of the  
standards for developers.  
Chair Pyne advised that members of the Commission may make a proposition to a  
Councilmember to alter the scope of the study issue at a study issue workshop.  
Chair Pyne opened the Public Hearing.  
Dashiell Leeds, Conservation Organizer for the Sierra Club Loma Prieta Chapter,  
spoke in support of the proposed study issue. He also offered recommendations  
pertaining to the scope of the study issue and appropriate lighting temperature and  
types of lighting. Lastly, Mr. Leeds provided details on the detrimental effects that  
artificial light has upon all species in existence.  
Rani Fischer, Sunnyvale resident and volunteer with the Environmental Action  
Committee at the Santa Clara Valley Audubon Society, voiced her support for the  
proposed study issue and its expansion to include all private developments within  
the City. She also proposed recommendations for permissible types of lighting and  
lighting temperature to protect public and environmental health, safeguard the  
aesthetic of darkness at night, and save energy.  
Chair Pyne closed the Public Hearing.  
MOTION: Commissioner Howard moved and Commissioner Howe seconded the  
motion to sponsor the study issue to expand the Dark Sky Ordinance so that it is  
applicable to all private property and to include design standards in the Citywide  
Objective Design Standards and the Single-Family Design Standards.  
Commissioner Howard spoke in favor of the proposed study issue and stated that  
the City Council may consider expanding its scope to include all City lighting.  
Chair Pyne voiced his support of the motion and a darker sky in general since it is  
so impactful to public and environmental health.  
Commissioner Howard shared his hope that future generations may experience a  
darker sky due in part to the Planning Commission’s efforts.  
Commissioner Shukla spoke of her support for the proposed study issue.  
Commissioner Serrone stated that he is in support of the proposed study issue as it  
will conserve energy and preserve the health of humans and animals alike.  
The motion carried by the following vote:  
Yes: 7 -  
Chair Pyne  
Vice Chair Iglesias  
Commissioner Howard  
Commissioner Howe  
Commissioner Serrone  
Commissioner Shukla  
Commissioner Weiss  
No: 0  
NON-AGENDA ITEMS AND COMMENTS  
-Commissioner Comments  
Commissioner Howard thanked participants for their patience with the technical  
difficulties that occurred during the meeting. He also thanked staff for working hard  
to resolve the issues.  
Vice Chair Iglesias commented that it was nice to meet nondigital versions of all in  
attendance.  
-Staff Comments  
Planning Officer Mendrin echoed Commissioner Howard’s remarks about staff’s  
efforts to resolve technical difficulties that arose during the meeting.  
Planning Officer Mendrin announced that the Moffett Park Specific Plan (MPSP) will  
be reviewed by the Planning Commission on April 24, 2023.  
ADJOURNMENT  
Chair Pyne adjourned the meeting at 10:04 PM.