Planning Commission - Regular Meeting

Test. We're all set for 05:30.

Good evening. Let's call to the order of special planning commission meeting study session of 03/09/2026, 05:30PM. The city doesn't tolerate disruptive behavior in our meetings. This planning commission meeting is considered a limited public forum, which means the commission can regulate the time, place, and manner of speech. Speaker comments must be limited to the agenda item being considered by the commission.

If a speaker's comments are not related to an agenda item, the presiding officer will rule the speakers out of order. A speaker will not be ruled out of order because of a disagreement with the content of their speech. Location and online meeting details are available on the planning commission agenda. Use the show captions buttons to view captions on Zoom. Following this study session, the regular planning commission meeting will begin. We encourage the public to stay tuned and participate in the regular meeting. Recording officer, may we please have the roll call?

Chair Iglesias?

Present.

Commissioner Segura? Present. Commissioner Cerrone?

Present.

Commissioner Pine?

Present.

Vice chair Shukla?

Present.

We have five commissioners present and commissioner Davis and commissioner Segura absent. Thank you.

Point of order. You said commissioner Davis and commissioner Segura absent.

Commissioner Davis and commissioner Fagoni are absent.

Thank you.

Okay. Thanks.

Okay.

So moving to our first item, Study session 26 dash zero three seven five. Proposed project is on a 1.95 acre site. A special development permit to demolish an existing one story twenty five thousand eight twenty square feet office building and construct an eight story, eight sixty five unit apartment building with a total of two ninety seven four hundred six thousand square feet. Location is 1215 Bordeaux Drive, APN number 110Dash25Dash017. Is there a staff report?

Yes. There is. Can everyone hear me?

Yes. We do. Thanks.

Okay. Great.

And is my presentation pulled up? Thank you. Good evening, planning commissioners. My name is Wendy Lau. I am the project planner for this project at 1215 Bordeaux Drive. Next slide, please. This project is for Moffett Park special development permit for the construction of an eight story residential residential building with 265 res rental units. The site is 1.63 acres in size and has a general plan land use designation of Moffitt Park and a zoning designation of Moffitt Park specific plan residential. The existing building was built in 1973 and would be demolished as part of the project. Next slide, please.

This is an aerial view of the site. The site is located in Northern Sunnyvale within the Moffett Park specific plan area. The site is bounded by Bordeaux Drive to the East, 5th Avenue to the South, and many office buildings to the West and North and larger surrounding areas. There is an existing bike path indicated by a light green color on the south side of 5th Avenue across the project site. Next slide, please.

Here is an image of the proposed site plan. The image on the left shows the Ground Floor plan, which is double height. As mentioned, the site is bordered by two streets. There is no parking on Bordeaux Drive as this is where the bicycle and pedestrian connectivity is focused. Along 5th Avenue are both the vehicular and pedestrian entrances to the building's Ground Floor garage, which consists primarily of mechanical parking for the residents, which the applicant will discuss in more details.

5th Avenue is where many of the building's back of health operations are located, including in a trash room, electrical room, and transformer room. 5th Avenue also includes a dual use dugout for loading trash service and delivery trucks. This area is still under review by city staff, and the final layout will be provided as part of the formal application. To the east of the building along Bordeaux Drive are the leasing and amenity room, bike room, and electrical room. Please note that the plans indicate the room is blue in a is a retail space.

However, the applicant has since clarified is intended to function as a resident amenity room. The project proposes multiple open space and landscape areas. To the north of the building is a 70 foot wide neighborhood park, which is part of the greater anticipated Bordeaux Neighborhood park. There is also an entry plaza on the Southeast corner of 5th Avenue and Bordeaux Drive. On the image to the right is the 3rd Floor plan.

Beginning on the 3rd Floor, the building form is arranged in an e shaped layout. The 3rd Floor layout includes an amenity room highlighted in red and two outdoor courtyards with a pool and additional landscaping. The residential units are located on Floors 3 Through 8, and each floor is mostly identical in layout. Next slide, please. This is an image of the east elevation of the building, facing Bordeaux Drive.

The Ground Floor, which is approximately two stories in height, includes a lobby and amenity space, which have large windows that provide visibility into the activities inside the building. Above the lobby, bike room, and electrical room are the two residential courtyards. The residential portion of the building are the upper six stories, which are visually divided into three building sections. The building is designed with articulation in the wall plane through building step backs and varied roof lines. Next slide, please.

On this screen is an elevation of the north side, which faces the neighborhood park. The Ground Floor glazing on the left provides indoor outdoor visual connectivity to the park. To the right of the amenity room is the neighbor is the parking garage and pet washing station, which are located behind a mostly gray colored, board form concrete wall with five tall and narrow windows. Above the Ground Floor are the residential units, which is designed as one vertical plane with recessed balconies at the two ends and six rows of projecting balconies with identical pattern. Additionally, there is one building roofline.

Next slide, please. Here is the south elevation facing 5th Avenue. The main building entrance is located at the right side of the Ground Floor and consists primarily of glazing. The vehicular and pedestrian access to the garage are shown by the blue arrows. The grounds were also consists of five doors painted brown that provide entrance to the transformer rooms, fire pump room, storage room, and stairwell, which appear to blend in with a gray board form concrete wall.

The upper stories are visually separated into two building sections, colored gray to the left and white to the right side. The middle section of the building has metal onyx above the windows. There is a column of recessed balconies towards the center and another on the right side of the building. The roofline is the same across both building portions. Next slide, please.

On the screen is an image of the west elevation of the building, which faces the adjacent office buildings and parking lot. The Ground Floor is also mostly grayish brown in color here. There are narrow vertical windows at 24 foot intervals with the board formed concrete or stucco in between. For the upper stories, there is one column of recessed balconies at the left end. The building includes projecting metal balconies in a yellow gray color toward the left and orange metal balconies toward the right.

The roofline is slightly taller at the left portion of the building and remains at a consistent height across the remainder of the facade. Next slide, please. This is a material port of the proposed project, which is also found on sheet a six of the project plans. Next slide, please. This is a streetscape elevation of the building along Bordeaux Drive with the neighboring office buildings to the left and right.

Next slide, please. As mentioned earlier, this site is located within the Moffitt Park specific plan area. The project site is indicated by the red rectangle. The Moffitt Park specific plan calls for various neighborhood park habitat patches, which are indicated by the pink ovals. The Bordeaux Neighborhood Park habitat patch includes the northern portion of the project site.

The Moffett Park specific plan also includes natural areas and greenway ecological corridors, such as the West Channel, which leads to the bay, many parks and plazas as indicated in orange, and community park ecological corridors as indicated in purple. Next slide, please. This image provides a more detailed illustration of the Soja neighborhood open space and mobility network diagram. The project site was designated to be residential with a northern 80 feet consisting of open space for the Bordeaux Neighborhood Park. The entire Bordeaux Neighborhood park indicated by the letter a was planned for 3.5 acres and includes the northern portion of the project site.

Next slide, please. This is a close-up of the proposed park within the project site. The project proposes a 70 foot wide park consisting of a dog park towards the West, an amenity patio towards the east, and picnic area at the Northeast. Several seat walls are provided throughout the park. Next slide, please.

The project site is intended to serve as both a neighborhood park and a habitat patch. While these destinations share some similarities, they also have some differences. For example, neighborhood parks place a greater emphasis on areas for people to gather and recreate, such as picnic areas. In contrast, habitat patches have a stronger ecological focus, so picnic areas are limited to designated locations. Another distinction is that neighborhood parks are expected to include at least two active recreation areas, such as a sports court, community garden, or dog park.

Habitat patches, however, limit pet pet access in order to better protect wildlife habitat. The project is still under review, including by the city's biologists for consistency with the Moffett Park specific plan. As a result, the proposal may evolve between now and the version of the plan that comes before you for public hearing. Next slide, please. The applicant is requesting several waivers from the city's development standards as part of their housing project.

The requested waivers include providing a smaller neighborhood park where 70 feet is provided instead of the required 80 feet. Additionally, the project is requesting no green roof, reduced setbacks, deviations from the loading zone requirements, fewer building facade breaks, and no exterior residential storage. Next slide, please. The applicant held a virtual community outreach meeting on March week. Approximately five members of the public attended the meeting, including representatives from the two adjacent office properties to the West and to the North.

The attendees provided support for the project and also raised questions and concerns regarding parking, visual impact from a nearby cellular tower, and the project construction timeline. Next slide, please. Tonight, staff is seeking commission feedback on architectural design, including the north facade, which faces the park, and the south facade, which faces 5th Avenue. Staff is also seeking plan commission feedback on the site layout, including the 5th Avenue Street frontage, which includes the dual use zone, and programming within the Bordeaux Neighborhood park. Staff is also interested in comments regarding the requested waivers or any project details.

Next slide, please. This concludes staff's presentation, and I am available for any questions the commission may have. The applicant is also here tonight to provide a presentation as well. Thank you.

Thank you. I will have questions from my colleagues for the staff. And we have commissioner, please.

Thanks, vice chair. Can we look at slide 12 again? Okay. Thanks. I'm trying to relate this to what is actually there and and a lot of this is not actually there. Right? There's a piece of the park that is planned, but this there's a larger park. It's a the Bordeaux Neighborhood Park. That's not there, right? As long also the neighborhood street on the west side of it is not there.

Are those intended to be there at some later later date?

That is correct. This is a plan for this area. So, for example, the Bordeaux Neighborhood Park currently does not exist, but the sites that are have a portion of their sites within this park would be anticipated to provide their portion of the park in the future when they develop or redevelop.

And the mixed use areas are there are some they're, you know, office space. Right? Most of those are office space, like, on either side of 5th Avenue?

Yes. They're currently office spaces.

So those aren't gonna be mixed use even though it's shown that way?

They're currently office uses. That's not to say that in the future, fifteen, twenty years from now, those property owners may, you know, do something different with those properties. But the properties are zoned so that if there is interest in the future to redevelop, they would be redeveloped as mixed use.

I see. Okay. Alright. So the small park that's included as part of this, so the developer is paying a park dedication fee. Right?

We will have I don't have the exact information. Sean, do you

I don't have the exact fee. They will pay a portion, but then often if they are installing a neighborhood park, we do some time of credit for the improvements that they do. Okay. That that's what I was asking. So they do get credit for the park they're installing. And does this project qualify for no minimum parking by virtue of being, I guess, a half mile from the light rail?

They qualify for reduced parking under the the the housing laws under the state. However, the applicant is proposing more. They can explain a little bit more when when q and a for them.

Alright. And the outreach meeting, who's nobody actually lives there right now. Who who's invited to the outreach meeting?

Neighbors within 2,000 feet of the project site were invited to the meeting. So some of the attendees did include representatives of the adjacent office parks.

I see. Okay. Alright. Thank you.

Thank you. No questions from my colleague. So is there an applicant report? Yeah. You have ten minutes to present your presentation.

Yeah. Yeah. Sure. Great. Thank you. Good evening, commissioners. Thank you for the opportunity to present this project before you tonight. My name is Edward Kim with KTGY. We're the project architects on this project representing the applicant team. Tonight, I'll briefly walk through the proposed project and highlight how the design aligns with the goals of the Moffitt Park specific plan while contributing to the evolving character of this neighborhood.

As you're all familiar with the Moffitt Park specific plan, this area is envisioned as a transition from a traditional industrial or office district into a vibrant mixed use complete neighborhood. The specific plan establishes a framework for new housing opportunities, walkable streets and open spaces, improved mobility, transit connectivity, and a more active, sustainable public realm. Our project falls within the Soda neighborhood, directly adjacent to, as you mentioned, the Bordeaux Neighborhood Park, positioning the building to play a important role in shaping the emerging district. From the beginning of the design process, our goal was to ensure that the project not only meets the specific design specific plan requirements, but also supports the long term vision, for the neighborhood through thoughtful urban design, integration of the future park, and environmentally responsible building strategies. Just a quick little refresher on the building facts.

As as Wendy mentioned, the proposed project is just over 297,000 square feet of of building consisting of 265 residential units at approximately 1.6 one point, nine gross acres, a third of an acre dedicated to the, the Bordeaux Neighborhood Park. This park would be publicly accessible, privately maintained, excuse me, and privately maintained. The building is designed as an eight story eight story podium structure with ground floor shared amenities, bike parking, and garage spaces. Upper levels include a podium courtyard, residential units, shared in many spaces, and a roof terrace along the northern facade. From a sustainability standpoint, the project team is collaborating with city staff to balance sustainability features aligned with the goals of the MPSP or the Moffitt Park specific plan, city reach codes, and state requirements, and these being electric electrified buildings, solar PV, and electric vehicle infrastructure.

Affordable housing is an important component to this project as well in alliance with the city's housing goals. The project includes 40 deed restricted below market rate units, consistent with the city's inclusionary housing requirement of 15%. These homes or these residents include 26 low income units and 14 very low income units, which are fully integrated and evenly distributed throughout the building. These units are designed with the same level of interior finish and access to building amenities as as the market rate units. So we ensure that there's equitable living environment for all residents.

Finally, the applicant will execute an affordable housing agreement to make sure that there's long term affordability here. The site was thoughtfully designed through several collaborative design charrettes with the city departments. And as a result of those discussions, the project provides a 70 foot wide neighborhood park. The parking structure is screened along priority edges with Ground Floor uses highlighted in pink, bike room, and landscaping, while building operations and service access intentionally are located along 5th Avenue shown in the blue arrow and the gray arrow. This minimizes impacts on pedestrian or primary pedestrian frontages.

Key building entrances highlighted with the red arrow are positioned at the entry plaza and park edges, encouraging activity and visibility along the street, while pedestrian focused program, roughly 50% of the Ground Floor perimeter, helps strengthen the connection between the the building, the park, and the public realm. At the Ground Floor, the project engages both the street and the park edge through a series of active programming, including an amenity that anchors the entry to the neighborhood park, residential lobby and a pet spa, as seen on the left image, and and a thoughtfully designed entry plaza located at the intersection of Bordeaux Drive and 5th Avenue, is also depicted on the the bottom right image. Vehicular access to the site is intentionally limited to a single entry point, which reduces driveway conflicts and ensures pedestrian safety. Loading and waste operations, are centralized along 5th Avenue, allowing the project's primary frontages again and park edges, to be to remain the focus of pedestrian activity. The park design plays an important role in supporting the broader version or broader vision of the Bordeaux neighborhood park.

It establishes a safe public space with clearly defined entry from Bordeaux Drive. Landscaping elements provide screening from adjacent properties, and so there's a comfortable environment for residents and park users. The park programming provides a valuable day one amenity for both residents and the surrounding neighborhood through informal gathering spaces for everyday use. The planting strategy focuses on California native species, which support habitat creation and ecological connectivity while remaining resilient in an urban environment. Efficient irrigation systems are utilized and incorporated throughout the landscape design, to reduce water use.

And finally, the park layout allows for future park expansion, ensuring that the project integrates seamlessly with future phases of the Bordeaux neighborhood park. Architecturally, the e shaped building form reduces the perceived mass of the structure by creating two landscaped podium terraces. Each leg of the e shaped building creates repetition and rhythm along the Bordeaux Drive as seen in this rendering. The building incorporates a mix of materials, including board for concrete, cementitious panels, battens for textural relief, stucco, enhanced storefront, glass, and metal railings. Changes in parapet heights, projecting awnings, and vertical massing breaks help shorten the building's perceived length and add visual interest.

At the pedestrian level, the Ground Floor emphasizes human scale, using durable materials, landscaping, and transparency to create an engaging street experience. The building is designed to create cohesive identity across all facades, while incorporating the massing and articulation strategies outlined within the Moffett Park specific plan. The project incorporates bird safe glazing, compliant with city and Moffitt Park specific plan standards. And balconies are used strategically to add depth and rhythm to the facade while improving, livability for residents. Residential parking is provided using a mechanical parking system.

This this system significantly reduces the overall footprint of a of the garage, allowing more of the building perimeter to be dedicated to active use and pedestrian oriented design. The system accommodates a wide range of vehicle sizes, from sedans to SUVs, ensuring practical practical usability for the residents. EV infrastructure is provided in accordance with, the latest Calgren requirements, and supports the MPSP goal of, sustainable mobility. For day to day resident needs, the project also includes a, one type c loading space within the garage, and a dedicated loading zone, located along 5th Avenue, again, developed in coordination with the city city departments. So as we developed this project, we consistently asked ourselves a simple question.

Alright. How will we measure success for this development, over time? For us, success means creating a vibrant neighborhood environment where open spaces gather, open spaces, gathering areas, and pedestrian pathways support daily community life. Strengthening community between residents, transit, open space network, and nearby office campuses, and ultimately delivering a project that is sustainable, resilient, and timeless, one that contributes positively to the character of this neighborhood, not just on day one but many years to come. And so as one of the first residential projects in the Moffett Park specific plan, we believe this development marks a significant milestone in bringing the neighborhood's vision to life.

We are grateful for the collaborative partnership with the city and throughout this design process. Thank you for your time, and the project team is available for any questions you may have.

Thank you. Okay. So question from chair Iglesias, please.

Great. Thank you, vice chair. First off, thank you so much for the presentation. I think it's very exciting. I just was biking through that area yesterday, and I think that part of Sunnyvale is beautiful, and I think it's vibrant. I think there's an opportunity to invest and and really enjoy that I think the adjacency to the freeways and then the VTA that's right there, think it's just it's there's just a lot of opportunities. I think there's a lot to be excited about. First question for you. So, normally, when we have developers here, they their buildings are usually capped at seven stories. When we've asked them why, they say that the transition from above seven stories requires different economics and and different building standards of high rise. I'm curious. Since you are above seven stories, why just eight stories?

So there there is a construction in terms of California building code and the type of construction that we're proposing. In today's market to be economically feasible, right, I think it still involves type three construction or wood construction. And so with lumber, there is a California building code requirement of maximum height of 85 feet. And so it code essentially caps the type of construction, and so that's why we're seeing the eight stories and trying to get as close to that 85 as possible.

Okay. Next question for you. So, there was a clarification that on the 1st Floor, it's not commercial, but it's resident amenity. I also saw in the plans that I believe there's resident amenities on the 3rd Floor as well. What what is the

difference between those two different sets of amenities? Yeah. So we're still working through the programming of each of those amenities. We think that there's gonna be coworking, lounge, club room spaces, off of the courtyard with the pool spa and the active resident use. Maybe it's a little bit more inclusion, ancillary with clubroom. But maybe down at the more public realm, it could be something that's just a little bit more, semi quasi, private. And so maybe a coworker. Right? Again, program is still being developed, with staff and with project applicant. Okay.

To your point that you are, you know, among the first residential, applicants for the area, it's and having spent a lot of time over there, there isn't really there is no commercial. There isn't, like, a lot of food options. So the reason I show that is I do think that there could be a a potential to be, like, a a bit of a first mover advantage in the sense of offering something to not only residents there, but then other residents in the future. So just something to consider with the commercial potential on the on the bottom floor. Absolutely. Thank you. And then the next was, I wanted to just give feedback on the balconies. I think that's great. I think that that's a wonderful addition. I think it extends, an opportunity for your residents to go outside, so very supportive of that.

I just have a question about, so there is no no rooftop space. Is that correct?

Yeah. So in terms of the green roof, so the green roof definition, we are counting the courtyard spaces, but it's the uppermost roof, of the actual building structure that we're not planting with green infrastructure. And so that was the entity bonus waiver that we're requesting.

Okay. And I guess my question is, just because I think that a lot of residents enjoy so if I understand this correctly, do they do the residents have access? Is there there's no like, it's not there's no amenities on the roof?

There's no rooftop? Yeah. So there is a let me see if I can go. Oh, there is a dedicated amenity, a small amenity, and an outdoor terrace at Level 7 that residents can enjoy. But in terms of the highest roof or the roof of the building structure, there would be no occupiable space up there.

Okay. Mhmm. And then I did have a question about the the storage as well. I realized that you're asking for that as a waiver. I think it's great that you have a lot of bike parking and storage on-site. But given the fact that you have a lot of, studios as well, and I'm just curious, kind of what the the thought process is. And and I understand it's probably driven by economics, but but how how to overcome that because people need places, of course, to keep their stuff.

That's a really good question. I I think the one of the balancing act that we always work through when we're designing these buildings is how much square footage and cubic foot, each of these, private personal storage require. And what we're finding more and more is that being able to provide that quantity, usually comes at the cost of density. And so in order for us to be able to provide as much housing as possible, to be able to accommodate all of the private opens or private storage. It it certainly comes with a a balancing that we're we're working through.

Okay. Mhmm. And then the last question I have is just regarding the loading zone. I mean, I know that's another waiver that you've requested. Given the fact that there's a decent amount of units, can you help me understand a little bit about how the the loading zone would be coordinated or executed in a way that's not gonna impair, the traffic?

Yeah. Yeah. Certainly. So we've been working with, DPW planning ESE, environmental solid waste, to work through the adequate sizing for the duck out so that during days of service, during residential move in, move out, during drop off for building operations or loading for building operations, that that doesn't impede on the flow of traffic. And so they're not sitting out on 5th Avenue in the travel lane itself.

And so for a private management or on-site management, we'd coordinate times from residential move in, move out for when the trash pickup is being staged and when bins are being staged, out on 5th Avenue in that duck out zone as well, would be all managed by on-site property owner or property management. Okay.

Mhmm.

Thank you very much.

Yeah.

Thank you, Joe. Next one is, commissioner Payne, please.

Thank you. I will, I'll yell to the recording officer.

Thank you. You, commissioner Pine. Vice chair, we've been asked by the KMVT operator to pause the minute to pause the meeting for thirty seconds just to reset a video switch to correct an issue. Can we take that pause now? Just a brief thirty seconds.

Sure. Thirty for thirty yeah. We are going to pause the meeting for thirty seconds.

Thank you. Okay. We're all set. Thank you.

Thank you. Are back to the meeting. And commissioner Payne, please thank you.

Thank you. Okay. Few questions and comments. So first of all, stuff I liked. I appreciate that the low income units are distributed evenly throughout the building.

I've given a number of applicants some grief about that in recent meetings, and I'm glad I I'm glad you're doing it right. I also appreciated the significant use of native species in the planting path in the planting palette. I something else I've given lots of applicants grief about over the years, and there's and I I appreciate that. I broadly do like the architecture. I the one kind of note I'm gonna make is that some of the balconies and I like the balconies in general.

I like I like having the balconies. I think they're a great amenity. I do think and and this is just and this is personal preference. Other commissioners may completely disagree with this. But, like, I do think kind of having the bal like, in the rendering, you see the balconies are kind of a different color, and I think that makes them kind of protruded. Make it feels a little feels a little empire from Star Wars for me kind of, which is just the way they kind of stick out visually. And I I don't know if there's a way to kinda mitigate that, but and I think having the actual amenities for the residents takes priority over the aesthetic aspect. I just just something I noticed. Questions. So a few questions I had.

First of all, on the architecture diagrams, on what was page a two dot four, which is plans for the, two bedroom units. There's kind of a mystery room in between bedroom one and bath one, both p dash p t two dot dash zero and p t p two dash one. Could you clarify, like, the intent of that room? What what is it like a I guess it, like like, I is there, like, if well, it looks like there's any, like, closet space in there.

Are you talking about the kind of the intermediate space between bedroom one and bath one? Yeah. Yeah. So that would be the hallway that leads between bedroom one to the bathroom with flanking, closet wardrobe closets on both sides.

Okay. And I was just also observing that there's no that the only door in that, you know, there's no doorway between the bedroom and the kind of intermediate room, so it's all kind of one so, you know, if somebody's asleep in the bathroom, they well, you can't really use that room, and you also can't really use the bathroom without waking up or trying to sleep. So just something I but, yeah, I just when I see that unlabeled room, it's just something I noticed. The so other question I had, talked about the green roof. I get the architectural complications.

I guess what I'm not getting, though, is how that's actually a waiver thing because you said in the because you said it would lose it would lose approximately seven dwelling units to have a green roof, and I guess I'm not sure I understand why.

Yeah. So for us to be able to include all of the, necessary green roof components, it would be a combination of both the uppermost roof and the courtyard. And so in order for us to expand the courtyard, the density hit would be we'd have to shrink the units to be able to accommodate, all the components of to qualify as a green roof.

Okay. I I kind of get what you're saying, but I think I'm gonna wanna see more detail on this the public hearing just because the just because for the way just because for the waiver, it needs to be strong. Part of me was actually thinking it would make more more more sense as an incentive slash concession than a waiver, but I'm but that was just off the top of but that's just offhand. I haven't seen detailed analysis. The the other question I other question I had was I was looking at looking at the landscaping plan.

I noticed that the dog park was marked as for synthetic turf. Could you go into a little more detail about a, why, and b, like, the kind of turf you're using? Because, obviously, certain kinds of turf would get very hot in the summer, and I don't want all the dogs to have burnt paws.

Yeah. Absolutely. Would I be able to turn it over to our landscape architects, David? Yeah. I believe he's joining remotely.

Yeah. Hi, everyone. Dave this is David with Bionic, landscape architects team. We find that, in this condition, synthetic turf would probably wear better in the long run. There's different varieties out there. They've done a lot better in technology, and more thatch buildup, which helps preserve, a little bit of that heat that you're talking about. We would also typically install, like, a washdown system. So we'd run water over it so that the urine and smell and and temperature can also be cooled down. We could explore using real grass and real turf. It just is a higher water use generally, and so it requires daily irrigation.

It also tends to get muddy and dirty. And in a public park right next to the residences too, we didn't necessarily want or think that it'd be beneficial to have mud and dirt and traversing around the public spaces.

Yeah. I and I do get that. Like, I do think that the synthetic turf is a lot just easier from a cleanliness perspective, and I do get that. I just wanna make sure we're being as ecologically friendly as possible here. And, again, just and I and the variety of turf does, I think, matter a lot because if it's again, as if if it's maintaining outdoor temperature, that's great. If it's something that we're all again, if it's something that gets too hot, then it it it in my view, it wouldn't be fit for purpose. So

Yeah. Definitely. And I I could add that it it is on the north side of the building, so it's naturally gonna be a little bit more shady than if it were indirect sunlight. And we would plan to install some canopy trees around the perimeter of it to help shade it, in the sunny conditions and along the west side, when the sun gets a little bit lower.

Yeah.

Gotcha. The other thing I wanted to note note was, the other thing I'd just like to see when this comes back is, like, an actual bicycle slash pedestrian circulation diagram. I kind of could I kind of figured out kind of got the idea from, like, the landscape plan, the other the vehicular circulation diagram, but it's always useful seeing kind of what the vision is for bike pet access. But other than that, I I do think this is broadly a good project. I you said one of the first residential in Moffett Park.

I could be wrong about this, but I think it's actually the first residential project in Moffett that's actually come it's actually come before us in any capacity. So I'm excited to see this go forward and look forward to it eventually being and barring some something unfortunate coming up at the public hearing, look for look forward to it being built. Thank you.

Thank you. We have commissioner Sarawin, please.

Thanks, vice chair. Yeah. Thanks for the presentations. And just as a general comment to follow-up on commissioner Pine, the think this is exactly the kind of development we hoped we would see in Moffett Park when we approved the Moffett Park specific plan, which enabled residential to be there To just to double clarify on the height. So you have three levels. It's podium. Sorry. You have three levels of concrete, basically, and then five levels of wood.

That's right.

And this is this is well below the the flight path restrictions. Right? That that's correct.

That's correct.

Yeah. We've we've received them and submitted FAA clearance and approval letter letter with our last resubmittal.

And the so I was gonna ask about the retail, but you've already addressed that. It seems like some retail there might be nice, but on the other hand, at least right now, I think Google is subsidizing their food and drink on either side of it. So I'm not sure what kind of retail could survive, but who knows? It would be a nice amenity. And we already talked about the getting a waiver so there's no external storage per unit.

The requirement, I guess, is, like, five by five by five or something. And do you have more closet space than usual or just people know they don't get that kind of space?

Yeah. I I think the the units are fairly sized. There is some storage. Again, not trying to replace the private storage requirement within the interior of these units. I I think it is certainly a balancing act about how much storage and how much space that we can provide for these residents. Yeah.

So this project, I think you have 306 bedrooms. Do you have an estimate of how many residents you expect to have in this building?

That'd be a good question. I I do not. It's hard to say.

Well, so I'm wondering how you came up with the 217 parking spaces.

Oh, the Moffitt Park specific plan starts to outline, parking ratios. And so, I believe it was, on day one, one to one parking ratio as a maximum and ultimate full build out, for the Moffitt Park specific area, I believe, is point seven five. Sorry. Point seven five spaces per unit. Yeah.

So okay. So you mentioned the you have a I think it's a mechanical puzzle parking system. Could you describe that just a little bit?

Yeah. Let's see if I can yeah. So for the mechanical park parking system, what we're using is in a typical three, two and a half level concrete section, we're able to be, fit within that height limit three tier or three levels of Puzzler. And what the Puzzler system does and, again, there's there's many different manufacturers, and they might all slightly be different. But, essentially, what it does is, it starts to stack and move horizontally at the same time.

And so, the main goal is that you reduce the wait time for each and and for any vehicle, up to about plus or minus a minute at most. But in order for those systems to stack and track horizontally, for each of the bays that you see within the plan, two stalls are removed. And so one of those stalls is removed to allow for vertical movement of the platforms, and the secondary stall is removed to allow for horizontal maneuvering of the of the platforms.

The

so how does the cost of that compare, for example, to doing an underground level or or even a high above ground, another level, concrete level, let's say, for more parking.

Yeah. I I don't have concrete numbers, but, I do know that, digging, where we do have a high water table, is extremely cost prohibitive. And so, the amount of concrete and water, dewatering that needs to get involved with going subterranean, I think absolutely tips the parking strategy in one way or the other. The other, element that we've heard, is that, you know, introducing a second level or even a third level of actual concrete rebar material, the cost savings of going with a traditional kind of three level high stacker system, it tends to kinda offset that. But, again, I I don't have metrics to this, currently to be able to, dive into detail about cost analysis.

K. Well, presumably, you concluded this was more cost effective. Right?

Yeah.

The now one thing, though, this is yeah. I think this is very clever to but, obviously, creates an issue with EV charging because the cars are moving around all over the place. And did I see you have only five EV charging spaces?

Yeah. So with the Calgary requirements, the mechanical puzzler system is exempt from charging. There are manufacturers out there and their systems, and we'll continue to explore how we can maybe put introduce electrified platforms and so forth. I think there's still exploration on our end. But with the surface stalls, the Calgary requirements mandates EV charging for publics public spaces or unassigned stalls. And so what you see in the plans right now comply with mandatory measures in the Calgary for EV charging, EV ready, and low power as well.

Yeah. I'm sure five is not gonna be enough. The so one thing in the Moffitt Park specific plan, they talk about shared parking. And at least the way things are laid out there now, it just seems like this would be an ideal situation for additional parking because there's a there's a huge parking lot right next to it. And and for that matter, there's parking on the other side of Bordeaux as well.

Have you explored, you know, I guess for now, we'll be making a deal with Google or something to get extra parking. I I was over there in the middle of the day and there was a lot of empty parking spaces.

Yeah. I can speak to that.

So I'm Tom Holt with Beamreach,

the project applicant. We have had conversations with all of the adjacent property owners. The surface parking that's immediately behind us, it sounds like that the intent of that owner is to have those spaces be fully utilized by their tenant. It does seem like there's

When you say behind, do you mean the West side?

Yes. To the West.

To the North, there's a parking structure owned by the hotel Right. And that appears to be underutilized. So we have been exploring whether or not there could be some synergy there, but we don't have anything worked out right now.

Alright. Alright. Thank you. Yeah. And and I I love the mechanical parking system. You'd be amazed how many developers come here and apparently never heard that this exists. So that's great. Parking. On the, CalGreen mandatory checklist, most of the items are shown as noted. Now, if I respond to my wife's request with that term, she doesn't take it well. Is are those gonna be filled in later?

Or

They they will be. For the purposes of the the checklist right now, we're still in preliminary, exploration of all the methods and, and requirements and the standards that we will provide. And so we will absolutely fill those in with more detail.

Okay. And I'm wondering, in that part of Mapa Park, is there recycled water purple pipes? Are those run there?

Yeah. I can turn that over to BKF or civil engineers.

Are you using those, I guess, is really what I'm asking. Yes.

Yes.

Okay. Alright. Thank you.

Thank you. We have, Commissioner Davis, please.

Thank you, vice chair. First of all, I I believe this is the first, residential application we've seen in Moffett Park. Thank you. So, yeah, there's a lot I like about this. I I don't have any real criticisms. I was gonna ask about the parking, but I know we've designed Moffett Park with with reduced parking, I should say, right, compared to what we've done before. So you explained that. I like the mechanical parking. The architecture is gonna fit into the area pretty much. I am over in this area pretty frequently visiting with Google.

I do have one question that's maybe a little bit off the wall. Is there do you have any plans to use any modular manufacturing on this?

So this is a hot topic, and something that we always discuss internally as well. Mhmm. With modular, the difficulties, at times I wouldn't say necessarily difficulties, but one of the the frameworks for implementing modular is it's got to be designed for the modular KITA parts or the the size of the modules from beginning. Okay. It's very difficult to go and take a project that would be traditionally stick built and then convert it to a modular. And so we we haven't had extensive or exhaustive exploration of a modular system here. I think right now, we've been just kind of thinking about this going more traditional stick built.

Okay. Yeah. So for those who are here all the time, I'm very interested in getting things built quickly and less expensively than than now. And I know the state now has a program through HCD where the modules are approved at the factory. City doesn't have to inspect them again.

Right? So, you know, with the regular time compression that comes with having your factory working at the same time as your people on-site, you get that and then faster inspections and so on. So you would probably get a round of applause if you were the first applicant to come into Sunnyvale and and do this from us. So if if you can find a way to make it work, we'd love to hear about it. Otherwise, yeah, I think this is a this is a good project.

I hope to see you guys again soon, and let's get this built. Google's hire hires. Well, you you'll probably end up with 85% of the people be Google employees here. So, but, yes, I like it a lot. Thank you.

Thank you. I have a question. All the questions were asked by my my fellow commissioner, but I have a question about the parking garages. Can individual can operate those machines? Or you need to call up and there will be an employee that when you want to go out and you have to call somebody, and then they will move the car out. And is that's the way it will work, or, like, is it easier to work by yourself?

Yeah. So each individual resident will have a key access or a fob that calls the vehicle. And so, yeah, there's there isn't a an attendant or building operation management or a manager that needs to go and help with the operation. And so it'd be like, if you were to just fob into any security door at an office, right, it'd be the same type of logistics.

Thank you for that. Also, I have a question about the back backwash on a facility. Will it pay only for the residents or the people from surrounding future residents? Right now, there is there may may not be any assets, but this is the first project. So would it be allowed, or it will be restricted? How will it work?

Yeah. I I think the current thinking right now is that be dedicated to the residents, and the residents uses only.

So this is all only for res okay. Got And then so when you I know we this is not about the interior lobby. We don't know, like, what materials you will be using, but this all every floor will be similar looking, the lobbies. Building is great architecturally because you have differentiated with various materials, and it brings a lot of interest what will happen inside.

So Yeah. So so the interiors are not designed just yet, but they will receive the same level of care and, design aesthetic. They may be different based on the mood or the theme. But, again, our our aim is that it is cohesive with the overall architecture, aesthetic.

And would you come up with the different amenities you have on different floors will be alternative? Like, it's like a need based sometimes. So there will be, like, some amenities you will provide in programming on, let's say, 7th Floor, but it's not used. It's a gym or, and then would you I mean, will it be possible that, like, you will have some flexibility on some amenities that you can change rather than it just gets dead and not used for years?

Yeah. Yeah. I I think the vitality or the the the livability and the vitality of this project always hinges upon the amenity package. And so, yeah, I we absolutely pay critical attention to what the program is, what are the residential needs, and integrate program that way.

But, yeah, it's a it's a great project. I do like it, and, it's it's you really have taken care of it's little modern. It really fits with the companies around it. So can't wait to wait to see what happens. Like, the all programming and everything is fixed, so I think definitely I'll be looking forward. So we are still not done. So we are going to have, let's say, any more questions from my colleagues? Okay. I don't see any. So we are go I'll go ahead and open the public comment on this specific item.

Please submit a speaker card to the recording officer. Place your digital hand now or dial 9 on a telephone to indicate you wish to speak. I will call on the members of the public participating in person first followed by remote participants. And we have, speakers will have, three minutes to speak, and we have, in in person, please, Oscar Mazari Mazariabos. I'm so I saw

That was really good, actually.

Thank you.

Alright. So good evening, state members of the planning commission. My name is Oscar Mazariagos, as you just mentioned right now. Thank you for giving me the time and opportunity to talk. So I'm here. I'm a field representative with the Carpenters Union. I am, represent 57,000 members around our region, but more specifically, the 5,700 members that reside for Carpenter of Local four zero five. So, tonight, as you listen to this item, it's for much needed housing. I urge that you also consider how this project will be built and who will be building it. We are in no shape or form against housing.

We just want it to be built without taking advantage of the workforce. Housing is not just about units and numbers. It's about people, both the families who will one day live in these homes, but also the men and women who will be constructing them. That is why choosing a responsible contractor is critical. A responsible contractor is one who values the workforce and invest in invest in them, one who ensures workers are paid area standard wages so they could afford to live in the communities they work in, ones who provide health and welfare benefits so work so workers can care for themselves and their families, one who offers retirement security so the so that affected I'm sorry.

So that after decades of physical demanding work, these tradespeople can retire with dignity. Equally important is a strong apprenticeship program, one that creates pathways for young men and women to enter the trades, gain skills, earn while they learn, and become a next generation of highly trained craftsmen and women. These programs don't just build careers. They build safer job sites, higher quality projects, stronger local economies. So as you move forward with this housing project, I respectfully ask that you prioritize responsible contractors who uphold these standards, doing and ensuring this project delivers not only housing, but long term value for workers, families, and the community as a whole. Thank you for your time.

Thank you. Do we have any other any so be remote speakers are does I mean so we are going to go for remote speakers. Remote speakers are going to limit their comments to the agenda item being considered. Speakers who are ruled out of order will not be given another chance to speak on this item. Recording officer, do we have any remote participant wishing to speak on this item?

Yes. We do. Steven Meyer, you have the floor to speak first.

Hello. Good evening, commissioners. This is a very exciting project. I'm very happy to see it. I didn't know whether, developers would step up to the plate and build in Moffett Park, and it's great to see this project. My only one, criticism is the synthetic turf. If you have dogs going to the bathroom on synthetic turf, that's gonna create a god awful smell. I really suggest, against that application. You know, dog urine is a big problem. Dog urine on synthetic turf just sounds like a disaster. Thank you very much for your attention.

Thank you. Next, we'll hear from Gail Rubino.

Hi. Can you hear me?

We can hear you.

Oh, great. Okay. I just wanna say thank you very much for this project. It's terrific. I'm probably the only person here on Northern Sunnyvale.

And my only concern is this, is that if you have if you have kids there of of school age, how do you suspect that they will get to school? I live over on Fair Oaks and Waddell, and it's a big trek even over to Columbia School. So I think I think we need to plan in in for the future for how to get kids from Moffett Park over to schools, especially Columbia and any, elementary schools in the area and also to Fremont High. And that's my only concern. The development looks fantastic. Thank you very much for it, and I look forward to more projects in Moffett Park. Thank you very much.

Thank you, vice chair. We have no further hands raised.

Thank you. I will close public comment. And so now I'm just trying to k. So we are going to move to the next project. The next item, file number 26Dash0367.

Proposed project is related applications on 0.26 acre site to construct a four unit townhome project and associated site improvements and maintain the existing single family home, which is historic resource. Tentative parcel map, is to subdivide one parcel into five residential lots and one common lot. Resource alteration permit to modify the existing historic resource. Location is 434 Crescent Avenue. APN number is 211Dash35Dash030.

So we have, is there an applicant report, or is there a staff report? Yes. Thank you.

Good evening, planning commissioners. My name is Margaret Neto, senior planner. This is a study session to review a residential project at 434 Crescent Avenue. The project proposes redeveloping a 0.26 acre residential parcel. The existing historical home will be retained, and four new townhomes will be constructed along with associated site improvements.

The tentative map will create five residential lots and one common lot. A resource alteration permit is required to review the impacts of the development on the historic resource. It's the neighborhood context. The project site is located between Sunnyvale Saratoga Road and Manette Drive. Surrounding land uses consist of multifamily and single family homes.

This is the existing historic home on-site. The existing nine sixty square foot residence was constructed in 1930 as a craftsman style bungalow. A building permit for the historic resource was approved on a like for like basis in accordance with the Secretary of Interior's standards for the treatment of historic properties. The single story residence is situated in the northern part of lot and fronts Crescent Avenue. The project site is zoned R3, which is medium density residential and proposes 19 dwelling units per acre.

The surrounding area was originally developed as part of the Easter Gables subdivision, which was historically characterized by narrow deep parcels of approximately one acre in size. These lots typically featured bungalow style homes at the front of the property with poultry buildings and agricultural uses located toward the rear. The project the applicant proposes relocating one protected tree from the rear of the lot to the front of the property. The project complies with the citywide objective design standards. No deviations are requested.

The existing home will be retained as part of the proposed development. Here's the site plan. Access to the site is provided via a 26 foot wide ingress egress easement. Each townhome includes a two car garage. Parking for the historic home is located between the historic residence and the new townhomes.

Additionally, two guest parking spaces are are provided at the rear of the driveway. The project meets the parking requirements. And here's a rendering, showing the front elevation from Crescent Avenue, and you can see the townhomes in the back. Here's the west elevation, and this is from taken from along the driveway. And the box shows where the existing single family historic resources.

Some aerial elevation showing the townhomes on both sides of the project site. Oh, sorry. A virtual community outreach meeting was held on January 8. There were four participants, and the concerns were with privacy, height, and construction noise. Staff is requesting feedback on the project design and site planning and design details. This concludes my presentation, and the applicant is also here with the presentation. Thank you.

Thank you. Thank you for the presentation. We have commissioner Davis, please.

Thank you, mister. I just wanna make sure I heard correctly. You said relocate a tree from the rear of the lot to the front. So they're gonna dig it up and move it

to the front.

That's correct. There, is an existing oak tree in the back of the lot, and that will be relocated, And it'll be placed in front of the historic home.

Okay. Well, that's not cheap. Alright. Thank you.

Please.

Thanks, vice chair, and thanks for the presentation. I think I saw there's a a gas meter. Is it legal to have a gas hookup on new construction? I thought the reach codes were.

I'll verify with the building division.

And, yeah, I had the same question about that. That is a very big tree. I I'm amazed you're able to consider moving that. Alright. Thank you.

You're welcome. You. Commissioner Ryan, please.

Thank you. I think I know the answer to this one, but just because I'm thinking at the previous project we had in this with Cindy, will this also require action from the Heritage Preservation Commission?

Yes. Thank you.

Oh, I just have a question about the tree. Will it be relocated on the same property?

Yes. It'll be relocated in front of the historic home on the same property.

And there will be that's I mean, if we can be successful, that'll be a great idea. Grade three. Thank you. Thank you. Don't see any other comments asking questions. So is there an applicant report? Yes. Please.

Hi. Good evening. My name is Gordon Wong. I'm the architect.

My name is Kevin, and I'm the project rep. And on behalf of the owner and GKW Architects, we are a local firm in the city of Campbell and have been proud lease, serving the community for the past twelve years. Hopefully, today, we can work together, address the comments and concerns for this project. To refresh our memories, the project is located at 44 Crest Avenue. You said it well.

Project is zoned out to be a general plan of residential medium density combined Dix Street PD. Lot size is 11,240 square feet, about point two six acres. On the site, we also have assisted shared driveway, which is approximately 24 foot and two inches wide and as well as the historical residence of a 28 square feet. The building has been we have to, like, lay to put permit Building 2024 Dash 3843. There's also eight existing trees on-site with one to be re relocated and transplant at the front historical residence.

We are proposing a new construction of four units attached three story townhouse. Each unit has three beds for young parents trying to start a family in this growing beautiful city. The combined 1st Floor is twenty eight seventy eight square feet. The total building area is 8,589 square feet with an average of 2,100 square feet per unit. There will also be a total total of total parking spaces provided, eight covered parking within private garages, two per unit, two uncovered parking spaces serving the historic residence, two uncovered parking space at the rear.

In addition, the driveway will be carefully reconstructed to support the fire apparatus and to minimize the impact to the adjacent single family homes. We will be providing the landscaping trees to enhance the surrounding while providing natural shading for the homeowners and the adjacent neighbors. We will also provide landscape buffer to support the neighborhood character and pedestrian safety. The massing has in second entries, balconies, and recess walls for bulk reduction. Each of the unit has a balcony which complies to open space requirement.

The project itself, the building design, retains historical resource design elements and language. The project is compliant with height, FAR, and setback requirements. As a result, the solar studies, which you can see on the plans, indicate that the project does not cast any shadow on neighboring properties. The project also matched the surrounding neighborhood building uses as on the east side, south, and north, there are multifamily townhouses. In behalf is the four point level one, and you can see that there are color regions indicating from the left Unit 1 all the way to the right side, Unit 4.

There's a bedroom on each unit with its own bathroom excluded from Unit 3 and Unit 4 with Unit 1 being accessible for ADN compliances. And we also have a garage with two parking space per unit, and the garage are wide enough to accommodate the area for waste bins and storages. Steels will be accessible from the garage and the main entry. Here we have is the 2nd Level floor plan. Coming from the stairs, as you can see, we have an open kitchen, dining, living room layout with a half bath and a balcony.

The balcony is recessed to reduce the privacy encroachment. As for the, 3rd Level floor plan, each unit consists of two large bedrooms, two full size bath, and a laundry closet at the center of the hallway. In addition, there's a study room for Unit 2. You you can see highlight in the orange region with Unit 3 having a third bedroom as the study room office located on the 1st

Floor. This

is the roof plan and the material material that we use for this roof is entirely comp composite. As for shingles, we have an average slope of four and a half over 12. The roof also consists of a flat area made of a TPO membrane for solar panels, and the reason why we added the flat area is just with the high production. On this page, we have preneighborhood median elevations. And for the elevations, as you can see, we have two different shades of hardy board lap siding.

The lap siding is to match the assisting historic residence. We also have a elegant black frame windows with two divided lights and black trim for contrast. There there are hips and gables throughout. For the balcony, we have stained wood post and also wood guardrails and as well at the entry area. This slide shows the the changes after the neighborhood meeting dated January 8.

The primary concerns with the height of the building and the privacy and as well the construction noise. To adjust these concerns for the privacy and the height, we have reduced the height from 33 feet and roughly six inches to 31 feet and one inches. That's about 28 inches in of height reduction. We have achieved this by reducing the third floor top plate and the roof slope from four and a half to four. And with the the mass gable at the front of the garage side to be three over 12. In addition, we also specify every minute to have solar shaders, blinds to adjust the privacy concerns.

We're here to answer any questions whether it's related to the oak tree landscape, how we're trying to screen, any direct views from this project to a neighboring property, but we're here to address and work together with the community. Thank you so much.

Thank you. I will now ask for questions from my colleagues. So mister Davis, please.

Thank you, vice chair. So just, some feedback for you. I I it it seems like you're following all the rules, right, which, I must commend you for. I'm almost to the point where I say that this you should be able to do this by right if you follow all of our guidelines and so on. I'm gonna ask the historic I guess, first of all, is the plan for all of these to be ownership units?

Yes. That that's what the intent is.

Okay. Including the historic?

That's correct.

Okay. And kinda and and you're doing a like for like restoration on

oh, boy. Yeah.

The front the front unit, the like for

like restoration has been completed already. Oh, it has been. It's already done.

Oh, okay. Okay. So the pictures that we've seen where it it looks kinda old are are dated.

That's the that's the previous. Yes. Correct.

Oh, okay.

Okay.

Yeah.

And I I have to commend you on how you blended the styles together, taking doesn't really matter whether I like that historic style or not. I have to commend you for for being able to match into it. This is in Cupertino Union School District, so it'll be zoned for Stockholm. Both my kids went there. Yeah.

There's a lot to like about this. I have to commend you for your thoughtfulness, how you've approached the neighbors and listened to them. Yeah. My one question, and I'm probably gonna steal commissioner Cerrone's thunder here, is about the the stairs. Are they are you setting them up to be able to put, what do you call it, the lift, a stair lift into the stairways?

Yeah. That could be possible. Yes. Absolutely.

Okay. Alright. Otherwise, I think you were here. You heard my question earlier about the modular as customized as this is. I don't see that happening. So Mhmm. But I like this. I hope to see you guys again very soon. Thank you.

Appreciate it. Thank you.

Thank you.

Thank you. Commissioner Serrani, please.

Thanks, vice chair. Yeah. I guess my only concern would be what you've already talked about what is this privacy issues, particularly with balconies. You know, if there were windows there, then your buyers and the neighbors could use curtains and get some privacy. But if you're sitting out on the balcony, you're really pretty close to the the neighboring townhomes there.

Are you and also people typically on a balcony that put plants and decorations and then leave the sliding door open, so which reduces the privacy again. But I think you said you had done some things to address the privacy, but I I didn't quite hear what those were.

So what what we've done is from the previous plans submitted, and then we have the workshop with the with the community, we inset the balconies more where the the glass is, and we put more opaque guardrails. So they're not like trans trans you can't see through them. They're gonna be slats. We've also offset windows. We put higher windows where we think there's direct line of sight. We did do a, line of sight study to make sure that we don't have a direct line of sight from window to window. We don't have it from, like, a a balcony standpoint to another person's window. It's only if you overlook, you, like, try to look over. But otherwise, on daily basis, you can't see each other.

Okay. Great. And is there gonna be an HOA?

Yes. There will be an HOA.

Will the residents be allowed to smoke or have a grill on the balcony?

No. They will not. That would be a fire hazard, so we do not allow that.

Alright. Thank you. Thank

you. We have commissioner Payne, please.

Thank you. I was originally gonna ask about the privacy concerns just because that we've we've received a lot of comment from we've received a lot of written comments from the public about that, but it sounds like you've been addressing that. So I and when so I do look forward to so, a, that's great. And I'm especially glad to hear about, like, looking at line of sight concerns and and such. And I I I assume that if the public is on that members of the public are unsatisfied with the changes, we will certainly hear about it.

So so, the one question I had, and this is possibly just me being a nerd, I heard in the staff presentation, there were zero deviations. I heard in your presentation, there was one deviation. Is it zero or one?

Are you talking about the deviation? The Is is there one? Oh, yeah. Well oh, yes. That's the

So our our deviation is related to the distance from the existing historical house to the townhome. And we reviewed that extensively with the historical consultant and made sure that we understood what we can do that wouldn't affect the historical home, and they reviewed it with us and may and to their best knowledge, we do not affect the historical home. And the deviation's about a foot and a half of distance.

Yeah. I don't think it's a problem. Like, I I I I'm not inclined to think that's a problem. I just got really excited when I heard zero deviations because we, like, never get projects with zero deviations.

Yeah. That's our deviation.

Yeah. Like, like, my my instant and, like, and, look, obviously, we'll review that in full when we get to the public hearing. But, like, to my instincts, some of the question today was, is this when I hear zero deviations, I'm just like, this app this this this applicant followed all of the rules.

Yes.

If somebody is following all of the rules, you should in my book, that means you should get approved. Like

Thank you so much. We we actively tried to look if we could get away from that deviation, but the life saving the width of the garages wouldn't allow us. So that was as close as we could get.

I yeah. I'm not I'm not saying you should go completely out of your way to eliminate it to be clear. I'm just saying we just I'm just saying, in my book, if you're doing business in Sunnyvale and you follow all of our policies and standards, then that means you should get approved because Appreciate it. What are we doing? Yeah. Like, we're because otherwise, you're being arbitrary. Like, that but and I I separate from that, I do appreciate how the architecture here is to basic is follows the historical building. I I I think that's just a big plus for this project. So so thank you. Hope to see this back sooner rather than later.

Commissioner Pine, I just wanna add that staff is not does not consider that a deviation because it was reviewed by our historical consultant, and we don't consider that a deviation.

Okay. Well, either way, it sounds like they're following the rules with all of our rules. So, you know, cool.

Thank you. I just have one question. Did you consult all the residents across the project? Because you are going to share the driveway.

Did you pick up just a hair?

That's you have shared your project with the neighbors across

Yes. We have. Yeah. Yeah.

Yeah. We did an outreach. Yeah.

We've shared everything we could.

It's a beautiful, area. I mean, you are you have done a great sensitive des sensitively, you know, beautiful design. So I think I'm I'm pretty good happy with that one. Thank you.

Thank you. Thank you.

Appreciate that.

So now now I will go ahead and open the public comment on this specific item. Please submit a speaker card who's a recording officer. Raise your digital hand now or dial 9 on the telephone to indicate you wish to speak. I will call on members of the public participating in person first followed by remote participants. Speaker will have three minutes to speak. Do we have any speaker who wants to speak in person? Speak It's okay. Seeing none. Oh, we

We do have one remote speaker.

Oh, one remote speaker, but not in person?

Not at this time.

No. On person. Okay. So we so I will remote speakers are going to limit their comments to the agenda item being considered. Speakers who are ruled out of order will not be given another chance to speak on this item.

The title of this agenda item is well, I will speak again. It's It is the two six dash zero three six seven, and it is to construct a four unit townhome project and associated site improvements and maintain the existing single historic single family historic home. So recording officer, do we have any remote speaker? Yes.

Vice chair. Steven Meyer, you have the floor to speak now.

Hello. Good evening again, commissioners. Thank you for your attention tonight. I do own a property down the street that my mother in law's lives in, and I'm just very excited about this development. I think the architects have done a great job, and I really celebrate the historic preservation and the moving of the trees. So, really happy that this project's getting proposed. Thank you very much.

Thank you. Vice chair, we have no further hands raised. Thank you.

That concludes our our study study presentation and study meetings. Now we will have a regular one second. What time it is? Just want to make sure. So we we will adjourn for this meeting, and we will start the regular planning commission meeting at 07:05.

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Please use the show captions button to view captions on Zoom. Comments on matters not on the agenda must be submitted prior to the time I call the item for oral communications. Comments on agenda items must be must be submitted prior to the time I close the public hearing on the agenda item. Speakers are requested to keep their comments to the time period set for public comments for the agenda item, which will be strictly enforced. Guidelines are posted on the city's website and on the planning commission meeting agenda.

Please join me in a salute to the flag. I pledge allegiance to the flag of The United States Of America to the republic for which it stands for a nation under guard and indivisible with liberty and justice for all. Recording officer, may we please have the roll call?

Commissioner Pine? Present. Vice chair Ashuka? Present. Commissioner Segura? Present. Commissioner Cerrone?

Present.

Commissioner Davis? Present. Chair Iglesias?

Present.

We have six commissioners present. Commissioner Fagoni's absence is excused.

Alright. Thank you. This brings us to oral communications. Before we move to the public portion, I'm we have two public announcements. The first public announcement is Transgender Day of Visibility Flag Raising Ceremony. We invite you to attend a transgender flag raising ceremony in recognition of Transgender Day of Visibility. This special event honors and celebrates the strength, resilience, and contributions of transgender, nonbinary, and gender expansive individuals in our community. Hear from community leaders, show your support and stand together in advancing equity, inclusion, and belonging for all. Everyone is welcome as we uplift visibility, solidarity, and in a stronger, more inclusive community. Pastries and coffee will be provided.

The flag raising ceremony will take place on Tuesday, March 31 from 08:15AM to 9AM in person at City Hall, Olive Avenue side near the flagpoles. For questions, contact the equity access and inclusion office at (408) 730-7950. Second announcement is the announcement by chair and board commission meeting for boards and commissions application deadline. Board and commission recruitment is underway for the following openings, the art commission, the bicycle and pedestrian advisory commission, the board of library trustees, the heritage preservation commission, the housing and human services commission, the human relations commission, parks and recreation commission, personal board, sustainability commission, and this commission, the planning commission. Applications are due by 4PM on Thursday, April 16 in order to be scheduled for an interview with the council on Monday, April 27, and Tuesday, April 28.

General eligibility requirements include Sunnyvale residency. For more information, please visit sunnyvale.ca.gov and search boards and commissions or call the office of the city clerk at (408) 730-7483 to request an application. Applications to serve on a board or commission are accepted on a continuous basis. Applications received after the deadline will be considered for future, openings. Alright.

Now we come to the public, opportunity of oral communications. This is the public's opportunity to address, topics not listed on tonight's agenda. This section is limited to fifteen minutes and may be extended or continued after the public hearings general business section of the meeting. Individuals may only speak once during oral communications. This planning commission meeting is a limited public forum, and the commission can regulate the time, place, and manner of speech.

Speaker comments during oral communications must be limited to matters within the commission's authority, which is known as commission's subject matter jurisdiction. If a speaker's comments are outside the commission's subject matter jurisdiction, the presiding officer will rule the speaker as out of order. This allows the commission to connect its business in a reasonably efficient manner and protects the rights of other speakers. A speaker will not be ruled out of order because of a disagreement with the content of their speech. Please submit a speaker card to the recording officer, raise your digital hand now, or dial 9 on the telephone to indicate you wish to speak.

I will call members of the public participating in person first followed by remote participants, and speakers will have three minutes to speak. As a reminder, this is not about what we have on our agenda tonight. This is if you have something, that's different from the agenda. Would anyone like to speak in our oral communications before we hear from remote speakers? Seeing none. Because of the nature of remote communications, speakers who are ruled out of order will not be given another chance to speak on this item. Therefore, speakers are warned to limit their comments to subjects that fall within the Commission's authority to decide or take action. Recording officer, do you have any remote participants wishing to speak on oral communications?

We do not, chair.

Thank you. I will go ahead and close oral communications, which brings us to the consent calendar. I will go ahead and open public comment on consent calendar items. Please submit a speaker card to the recording officer. Raise your digital hand now or dial 9 on the telephone to indicate you wish to speak. I will call members of the public participating in person first followed by remote participants. Speakers will have three minutes to speak. Would anyone like to speak on consent calendar items before we hear from remote speakers? Seeing none. Recording officer, do we have any remote participants wishing to speak on this item?

We do not.

Thank you. I will go ahead and close public comment. I will now ask for a motion from my colleagues. Commissioner Davis.

Motion to move forward the consent calendar.

Thank you. Commissioner Pine? Second. Thank you. Recording officer, please connect a vote.

The motion passes with

five yeses.

Commissioner Segura abstaining, and Commissioner Fagoni absent.

Alright. Thank you very much. And this brings us to the public hearing general business portion of tonight's agenda. Tonight, we have one agenda item, and that is project two six dash zero one nine two. It's a proposed project forward recommendation to the city council related to application on a 0.77 acre site at Carlisle Way. It's a use permit to allow construction of a replacement groundwater extraction well, a 17 foot tall water storage tank, chemical storage cabinets, and associated utility and right of way improvements, and EIR adopt a resolution to certify the environmental impact report, make required findings under CEQA, and adopt a statement of overriding considerations in mitigation, monitoring, and reporting program. Location is 800 Carlisle Way. Is there a

staff report?

Hold hold on.

Hold on. Please.

Keep calling me.

Oh, commissioner Davis.

Yes. I have a I'm conflicted on this topic, so I need to recuse myself. Thank you. So don't start till I get out the door.

Thank you.

Alright. Thank you.

Good evening, chair, vice chair, planning commissioners, and members of public. My name is Mary Jay Prakash. I'm the planner working on this well and water tank project on Carlisle Way. Planning review includes use permit and environmental impact report, EAR. The applicant, California Water Service Company, Cal Water, is seeking major changes to the site.

Site has not been in operation for over a year. Hence, the project triggers the use permit. The project also triggers focused EIR because of noise impacts identified due to the proposed drilling of well. The estimated noise levels from drilling will be more than the city's noise limits, and they are also proposing to drill outside allowed construction hours. The noise level together with the construction time will create a potential significant and unavoidable noise impact.

Neighborhood context. The site is in the Southeastern portion of the city, South of Fremont Avenue, West of Wolf Road. It is near the intersection of Kingfisher And Carlisle Way. Existing site. The site is surrounded by Panama Park to the west and single family homes on all other sites.

Background on the site. The site is less than one acre. It is an r zero zoning and single story overlay combining district. The site was used for groundwater extraction pumping from 1955 to 2016. Cal Water decommissioned the water well and removed the storage tank in 2016.

Cal Water has been working with the city since 2021 to obtain in planning entitlement. Here, we see the site plan with Carlisle Bay on on the top. The project includes a new groundwater well by drilling approximately 802,000 feet below ground. The proposed location of the well is to satisfy state and local setback requirements. The project includes 56,000 gallon steel tank, which will be 17 foot tall.

This is an in place replacement of the 50,000 gallon redwood tank that they had before 2016 of the same height. The project also includes new chemical storage buildings, which will be 11 foot tall. This is replacement of the two existing storage buildings in the same location. The project includes 11 foot tall pump station that has mechanical and electrical systems. This is replacement of the existing pump station that they currently have.

The project also includes a nine foot tall diesel powered backup generator, which will be in operation only during power outages and biweekly testing. The site has total 38 trees. Cal Water is proposing to retain 31 of them and to plant 14 new trees. These are site elevations. The top one is from Carlisle Way, and the bottom one is from Panama Park.

Here, the top one is elevation facing north, and the bottom one is elevation facing west. Okay. Environmental issue areas. So based on requirements and based on scoping meeting, the city conducted with the neighborhood. These are the environmental topics that are covered in the EAR.

The draft EAR analyzes potential environmental impacts of the project. Most of the impacts analyzed have less than significant impacts with or without mitigation. So the four bullet points listed under significant and mitigable impacts are common ones that you generally see in other development projects as well. The project will result in significant and unavoidable noise impact due to drilling activities, which will be explained in a separate slide. The key issues listed here are based on comments received from neighbors during draft EAR and final EAR review periods.

These issues are addressed in the final EAR and in the response to late comments memo that's posted today. To address these issues, there are specific control measures in place through CEQUA mitigation monitoring and reporting program, MMRP, permitting requirements by the city and other agencies, which will occur after the planning entitlement, standard construction related conditions of approval, and there are also other specific conditions of approval that are tailored specifically to address some of these. Okay. So this slide shows a noise modeling results from the drilling operation and how the project results in significant unavoidable noise impacts. So the nine orange circles that you see denote the spots where noise measurements are taken.

The ambient noise level without drilling is between forty five and forty six decibel range in this neighborhood. Now with drilling, decibel level in blue denotes noise before mitigation, and decibel level in green denotes noise after mitigation. The single family homes outlined in red lines will have noise levels exceeding sunroof night nighttime standard. Exceedances in these two homes are after mitigation and are during nighttime hours between 10PM and 7AM. Noise mitigation includes cons constructing eight feet to 32 feet tall sound walls around the drilling equipment and site boundaries, and applicant is also required through conditions of approval and through MMRP to provide portal vouchers to affected residents.

The last bullet point here lists the noise thresholds that are used in the evaluation just for your reference. Okay. So EAR process. Based on the nature and scope of the project, focused EAR is prepared for the noise impact of the project. This slide lists the CEQA process.

The project followed. The EAR process began in late twenty twenty two. As you see in this slide, the EAR was prepared, noticed, published, circulated, reviewed, and completed in full compliance with applicable CEQA sections and guidelines. I'm not gonna read every milestone, but I would like to point out that with every step of the way, there were opportunities for public participation and comment with these milestones. This slide provides you with a list of alternatives for consideration tonight.

The first two alternatives are for EAR, and the next three are for the use permit. Although the project results in a significant and unavoidable impact after mid even after mitigation, staff find that the impact is justified by the project's public benefit of protecting health and safety by providing reliable water supply. Staff recommendation is to forward recommendations to the city council to take the following actions. Staff recommend that the commission forward alternatives one and three to the city council. Includes adopting a resolution to certify the EAR, making the findings required under CEQA, adopting the statement of overriding considerations and the MMRP, and making the findings for approving the use permit subject to recommended findings and recommended conditions of approval.

I also recommend that planning commission add a missed condition to the recommended COA. It goes as follows. Discharge of water from the production test to the storm drain system shall not exceed 200 gallons per minute. Any such discharge from the site shall occur only during dry weather season to avoid overloading the strong vein system. This concludes staff presentation.

We have here the applicant's team from Cal Water. We have key city staff. We have representatives from environmental consultant, David j Powers, and representatives from Cal Water Noise and Geotechnical Consultants. We're happy to answer any questions you may have. Thank you.

Thank you very much. At this time, planning commissioners will have an opportunity to ask the staff questions. We'll start with commissioner Sugura.

Thank you. One of the questions that I have or what's kind of my concern is how it's how the whole area will be protected from seeing all the tanks and because at the end of the day, it's a residential neighborhood. As far as the noise and everything else, it's air conditions are very close even in decibels to what you guys are showing here, 60 decibels. Air conditions are even walking on 40 decibels. So it's pretty close.

And plus the walls that you're gonna put on walls, I'm not concerned about noise. I'm more concerned of the visibility and keeping the neighborhood value up. And I was wondering if the city is willing maybe to put more, like, evergreen plants around so it's more, like, closed and natural, not from the park and not from the from street. Obviously, also the neighboring the neighbors around it.

Sure. That's that's a very valid question. So before the tank will go in place, we are requiring the applicant to apply for a design review so that we we know exactly how the tank is gonna look, how it's how how it's gonna be compatible with the neighborhood. And currently, we know through the landscape plan that they are providing a row of trees, evergreen trees, along single family homes, mainly to protect the the view between the single family homes to the project site. And to the south and to the Panama Park, there are already trees that they are not gonna disturb.

They are gonna remain. So, eventually, the site after the project is done, the site will be surrounded by trees on all three sites where there will be basically, all full sites itself. And that also, I would like to note that the placement of tank is gonna go in the same place the previous tank was in. So it's already surrounded by the the previous tank was surrounded by matured trees, and they're not gonna disturb that. They will continue to remain. So the tank will be protected by a first layer of existing trees and then additional layer of new trees that will be planted on the peripheries.

Okay. And next question that I have is, you read some of the neighbors' comments that we received about the noise of construction and whatnot. What is the duration of construction expected for the whole thing?

For the whole thing, it may take three months. But for the day and night, twenty four hour drilling, it'll be roughly twenty seven days, which will happen in two phases. First, there'll be a potholing for twelve days, and then two weeks gap where they do the procurement for materials and testing and all that. And then comes fifteen day, day and night. So twelve plus fifteen, twenty seven days of twenty four hour drilling. And overall, the whole well drilling activities would take three months.

So it's not gonna exceed at night over 40 decibels, right, if I remember correctly from the paperwork?

50 is the nighttime And 64,

65 during the day. Right. And consider that there is also noise from all around.

Yes.

Not like at nighttime. Okay. Perfect. Thank you so much.

Very welcome.

Thank you, Commissioner Segura. Next, we have Commissioner Peng.

Thank you. Thank you for the presentation. I had several questions, mostly procedural questions at this point. First of all, you just mentioned that an additional design review stage. At what level would this be happening, and what kind of design changes could we expect to have during that process?

So the design review stage will be, before they do the tank construction. And type of changes we are looking for is when we looked at other similar tanks that we see railing on top of the tanks and the placement of stairs and the color and all that. But the height and the diameter will stay the same. That will not change. But just a cosmetic look from outside will be different, and that will be reviewed as part of the design review.

Hey. My issue with this is among the findings we are being asked to make tonight touch on the appearance of the structures, and I don't see how I can make any findings about the appearance of the structures if they could be significantly changed following this hearing. Like, I that's like, I'm like, just attachment page two of attach attachment four references, and I quote, the style, material, and color of accessory buildings. And you're telling me that the style and color could change. I don't see how I can make any of those findings if you're telling me it could change after this hearing.

If I can add to that as well. So the the, tank will still be in the same location that you're seeing. The height will be unchanged. The material will be unchanged. The minor changes that we might see, as as Mary mentioned, is maybe the stairs might be on one section of the tank instead of what they're showing on their concept plan. It might be the color. Certainly, Commission and City Council can weigh in if there's direction to staff on what that design review would look like. But there's no substantial change to the mass or the design of the tank.

Okay. I'm just struggling here because some of the because but I don't well, I don't think these findings are load bearing, which is something I was about to get to, but I am I'm just gonna flag that I'm not comfortable making findings that refer to, like, to specifically to, like, color. That's something that could be changing because I what I'm hearing now is that I cannot find that color will be anything specific. So so the question I actually had prepared on this was so I was looking at the use permit findings. And am I correct in my understanding that we actually only have that under the code, we actually only have to make one of the two findings.

It's the phrasing in the municipal code is either or. So we could approve the use permit even if we only could make one of the findings.

That's correct.

Thank you. The other question I had relating to the use permit findings so finding two, which is actually the one I just referenced, so let's set aside the general appearance part of that for the moment. The lang the other language of that finding says refers to the uses to be made of the property with to which the application refers will not appear the orderly development of or the existing uses being made of adjacent properties. So when we're talking about uses for the purpose of that finding, are we talking about the are we talking about just like the ongoing post construction uses, or are we also including the construction phase in that finding?

We're gonna look at that wording on the findings for a quick second.

Okay.

I

I have other questions if

Go go forward with other questions.

Sorry. Did you want me to keep going? Or

Yes. Please go forward.

Yeah. Okay. So moving on to attachment six. First of all, I noticed attachment six is just the statement of overriding consideration. Well, it's not just the statement. It's all it's the basically, it's the exhibit. It's every it's the statement, and it's everything that kinda goes into the statement, but it doesn't have, like, the resolution to counsel. I assume that's intentional. I don't we don't and I don't think we specifically need to look at the resolution, but I just wanted to clarify that that's intentional. We don't have the resolution in front of us.

Sandy, do you wanna

Okay. So we're being asked to approve to recommend tonight a resolution to the sit I'll just pull it up, to recommend that the city council, I alternative would be to adopt a resolution to do a bunch of things that includes adopting the statement of overriding consideration to be the the thing that's attachment six. We have attachment six, which is the statement of overriding considerations and mitigation matter report. We don't actually I didn't actually see the resolution anywhere in our packet. Is that I I'm I trust staff to prepare a resolution. I don't think I need to actually look at the language, but I didn't actually see it anywhere. So

There is a resolution. It's I see now it's not in your packet. So but the the heart of the the the findings is in this document, which is attached to the resolution. So I think it's okay if it basically, I think the the request is that the planning commission make the find the sequel findings that are necessary in order to certify the EIR.

Right. I'm I'm fine in I'm fine in principle, and this is not saying I've made up my mind on which of alternatives one, two, or maybe a hidden sick alternative six that I will be going with. But I'm fine in principle saying this is mostly boilerplate. The details are in the CEQUA, the EIR, the statement, and I I trust staff to have the resolution before city council.

Like, I

don't think that's a I don't think that's a deal breaker for the night. I just wanted to make sure we had that squared away.

Okay. And thank you for pointing that out. And in the future, we'll include it in the packet because it has been drafted. It is and and I didn't actually see that it wasn't included. Yes. Before.

So we just want to flag that. But the other more material concern I had, this is on page 28 of attachment six. It says, and I quote, reactivating the site for groundwater extraction is consistent with the city of Sunnyvale's general plan land use designation of water electric phone water utility. This is not correct. The general planned land use designation of this site, as pointed out elsewhere in the staff report and as documented on page three dash 83 of the general plan, is low density residential.

So I'm not saying this breaks everything because, as noted, this is permissible in set land use designation with a use permit. But I was wondering if that could be corrected. And if so, what other modifications might be necessary?

You're right. That should be corrected, and it should read that it's consistent with the historic use of the site. That would be the correction staff would make.

Okay. Because just because that I don't that may have been the land use designation at some point in time, but it's that that land use designation doesn't even exist in the current general plan. So okay. I and just throwing that out there for staff, I don't the reason I was talking about a secret six alternative is I don't actually see an alternative that's adopt the statement of overriding considerations with modifications. So I'm going to just throw out there.

Again, I'm not taking a position on alternatives for one versus two at this alternative two versus the secret alternative six at this time for the public hearing. I just would flag that I think we would need to make the mod it would it couldn't be alternative one as written just because we need to make that modification.

Excuse me. May I make a comment? So the commission is also welcome to make a motion that states the makes the statement of the motion. So you the commission can say recommend to the city council adoption of these findings approval, you know, with the follow with the following modifications. So because I think as a shorthand, staff, numbers the alternatives, you're not wedded to those specific alternatives. You can state the full motion.

Right. I just Yeah. We usually do get a approve with modifications alternative, so I just wanted to again, I'm I know I'm being nitpicky, but I I think on this kind of thing, we actually do need to be very nitpicky. So

I don't think you're being nitpicky. I think you're just being clear. And so I would we would welcome the commission to make the full appropriate motion and not be wedded to the numbered alternatives.

Okay. Thank you. And I look forward to public comment on this item on everything relating to this item. I'll probably have more questions at a later point in time. Thank you. Thank you, commissioner Pine. Next, have vice chair Shukla.

Thank you. I mean, I know I'm going to I'm going to ask just just few questions that because we got some information today about the different sites where we have other facilities with the water tank. And I see many, many like, I suddenly saw, like, three or four in the same vicinity, in the same area. And I wanted to know that I would I mean, are they how old they are? How much water?

How deep they go? Because this is, like they are going to, like, a thousand feet deep. I'm more worried about the soil and groundwater stability in that area. And so I think I would rather like, I I had no idea that there are so many out there in the same area. Like, I live there. And, I mean, it's, like, seven of them. Suddenly, found just within three blocks. So I would like to know that why do we need to have this one, and and why is it steel tank? Like, why are we going thousand feet? I know we already had a hearing before, but we didn't have this information with me.

And I'm really concerned. I would like to know, like, the because so much yeah, we are damaging the earth, basically. I know we have to do that, but, like, do we can we just revive the one which we have? And so I know it's like so I like to have more information about every facilities and when it was built, how deep they did, and where do we have this this steel tank in Sunnyvale or in other area, and when did they do it, and how deep they went. So I really want some more equivalent data.

I'm glad we have experts from Cal Water here in the hearing, so they would be I'm guessing they should be able to answer most of your questions.

Alright. Thank you, vice chair Shukla. Next, we have commissioner Sarani.

Thanks, chair. Did you did you say there's gonna be a presentation by Cal Water?

Yes.

Alright. I'll just wait for that.

Thank you.

Thank you.

Okay. Thank you, commissioner Charney and seeing, commissioner Pai.

Thank you. I apologize. I had one other question I forgot to note down properly. This is kind of inspired by a comment we issued by the member of the public, but I think it's worth diving into at this point. Section one five zero nine three a of the guidelines says that the decision making agency is required to balance as applicable the benefits, including region wide or statewide benefits or region wide or statewide environmental benefits of a proposed project against the unavoidable environmental risks while when determining whether to approve the project.

I guess my question is how how scoped like, I guess my question is with the when we're talking about like, to my reading of the project is that we're basically is that this is a project that has that has essentially region wide benefits. Like, I, like, I think that is from what I've been hearing, that's a somewhat load bearing part of fifteen zero nine three a for the purpose of this project. I guess my question is, is there any background or precedent on on kind of those weighing factors? Because I guess what I'm re when I'm reading this section, I I don't know if you're anyone here is familiar with the classic science fiction story, the ones who walk away from Omelas, but I'm basically concerned that, like, on that, you could make an argument that the specific so that's a story about where, basically, a one child is basically forced to suffer basically eternal torment. And in exchange, the rest of the city is happy and healthy and wealthy and just enjoy a wonderful existence.

So I guess my when I'm reading one five zero nine three a, I guess my question is, like, what's the is that is just that kind of a factor we just have to kind of figure out for ourselves, or is there, like, some kind of actual background on, like, at what point we're kind of jumping off the slippery slope in into some kind of utilitarian?

I think that that language is not there's no specific calculus to it, and so it it basically gives the commission or the city council, the decision making body, the types of considerations that should be taken into account in balancing the benefits of a project versus the significant and unavoidable impacts. So it's not entirely prescriptive in exactly how to apply that section.

Okay. I it's just something that's been weighing on my mind because, like, I I'm not, like I'm okay. So I'll just be very clear that what I'm about to say does not apply to this project, but, like, I just think of all of the examples in history that, like, you know, you've had, like, various negative environmental impacts concentrated on, like, you know, like, a poor, underprivileged part of a community, and that's been justified with kind of more nebulous well. That's and sometimes it's fairly concrete examples of the greater good, and I'm just I think and I'm again, I don't think that applies to this project. I think anybody arguing that South Sunnyvale is an underprivileged community is somewhat delusional.

But the but the but, like, I I just kept looking at that section, and I'm like, I get where this is coming from, but, also, I feel like there's a lot of really bad things you that you could justify it if your moral calculus was skewed. So I I know. I that was just a thought. I that was I was just wondering if there was anything more concrete in there because I can't imagine I can't imagine Sequa would it would be appropriate to read Sequa as, say, as supporting my awful hypothetical, which, again, I'm not which, again, I this this project, don't believe is my awful hypothetical. It was just I just don't wanna dive off risk diving off the slippery slope.

Thank you. And before I turn my mic off, did Steph have a response to my earlier question?

Sure. So your question is, if the proposed use ensures that the general appearance of the proposed structures or the users to be made of the property to which the application refers will not impair either the orderly development of or the existing users being made of adjacent properties.

Yeah. It was specifically how does that apply to does that apply to the construction phase as well as the ongoing use?

Okay. So how may I look at it is how compliant the uses of the proposed the proposed uses with the existing zoning because the current the zoning that we apply here are zero allows service facilities and public public buildings and service facilities through use permit. So when this is an allowed use, and it has been historically been used as the same for many, many, many years until 2016. And it also remains visually the same, though not actively being used. And it also complies with all the zoning standards and the design guidelines that we reviewed against.

So we believe that activating the site is not gonna disrupt the orderly development of the of the of the site and of the neighborhood.

So the the bottom line is that that finding was trying to speak to the use of the site as a well site.

Specifically just trying to get at whether the uses also include the construction phase because my concern is that I I think it's fairly obvious that the construction phase is going to impair the existing use of the adjacent properties so that directly touches on the finding.

I think the, like, general understanding of use is, like, land use, and so the use to which the property will be put. And construction is just a necessary part of any development activity. So that's how I would interpret that language. It's not focused so much on construction as the use because it's a temporary activity on the site.

Yeah. That that that does track because I think I mean, I don't think we have to approve use permits for every project we see. But, I mean, I'd arg but, like, construction noise, like, not to this extent, but construction noise, I'd argue, does frequently impair the use of residential properties to at least some extent, and I don't think you could read it to basically deny use permits whenever there was construction. That would really be absurd. But I just I just wanted a clarification on this because I just because I think we are talking about something that is going to impair people's residential uses for at least a limited amount of time.

So I just wanted to get that very, very clear and on the record. I again, we're we have a public hearing. So if members of the public want to comment on whether the planning can be, including the applicant of members of the public wanna comment on the ability of the planning commission to make the use permit findings. And as I noted, we only would have to make one of them. I very much welcome that in public comment. Thank you.

You, commissioner Pine. Alright. Seeing no other, commissioner Hans, just two quick questions, since this is also mentioned a lot in the public outreach. With respect to monitoring both noise and monitoring vibration, what is the what is the city's plan? How do they how do they do that in an ongoing manner? Is there something on-site that shows decibels? Is there what about with vibration?

Would the environmental consultant be able to help with that question? Because

Yeah. If we can introduce our environmental consultants that are here tonight, David j Powers. You wanna come right up? Thank you. Thank you, Nick.

Hi. Good evening, chair, vice chair, members of planning commission. My name is Nick Tostapiet. I'm a project manager with Dave j Powers and Associates. We are the city's SQL consultant for the project.

So for this project, there is a portion of construction that would require ongoing noise monitoring. And so the actual details of that plan will be worked out as part of the monitoring plan that'll be submitted to Citi for review and approval prior to the issuance of permits. However, the noise itself will be, measured by monitors placed around the adjacent property lines. There's different ways you can set it up, but, essentially, those will be constantly tracking noise levels on-site, and then they can be programmed to, notify, members of the construction team or the coordinator on-site depending on how it's programmed. So that's the kind of ongoing noise monitoring that would occur.

And then there is no requirement for ongoing vibration monitoring, during construction activities. The vibration levels that were modeled for both the drilling and then other phases of construction were far enough below the applicable threshold that it wasn't seen as a necessity to have the ongoing vibration monitoring during construction activities.

What is that threshold for in order to be monitored for vibration?

So it the significance threshold that was used for the project was 0.25 inches per second as measured at the adjacent property lines. And so, of course, if it were modeled to surpass that, there would be mitigation measures in place, in order to, you know, reduce that impact to a less than significant level. If it were getting close to the threshold, like, say, if there were, you know, a modeled vibration level of maybe something above 0.2 but below 0.25, then it may have been appropriate at that point to potentially have some type of monitoring in place. But the maximum vibration level that was modeled, to occur at the adjacent property lines was 0.03, so well below the established threshold of 0.25.

Okay. Thank you very much. I have no further questions. There is one applicant. The applicant will have ten minutes. At the beginning of the public hearing to address the planning commission along with five minutes at the end of the public hearing is our napkin presentation.

Yes. There is. My name is Melinda Schmidt. I'm with California Water Service, and I'm the superintendent. I would like to thank the commissioners and Mary and Norin for helping us and allowing Cal Water time for this presentation.

I also want to introduce our team. I have Don, our district manager Chris Wilson, our operations manager Mary King, who's our capital delivery manager and then we have our governor affairs manager, Rob Sealy, present. So So if we can go to next slide. So that was our introductions, and we can go to the next slide. So this is the agenda for tonight.

We plan to go over why this project is necessary, improvements that it will make to the system, and how it's pertinent to have a reliable source. And then we're gonna go over the impacts to our neighbors and customers. Next slide. So why this prose this project is necessary? Once I said we have we need reliable, water supply for decades to come.

That's what this well would bring us. It would improve the system via addition of a new source with the improved supply, and it will increase the reliability during peak demands. We also have a diverse system where we have groundwater that's within redundancy. So there's seven wells that we have in city of Sunnyvale, but they don't all run at the same time. So it makes it so we can rest one well and use another well, which does help extend the life of a well.

One of the most important things, though, is better fire protection. So because you have the two systems that are side by side, it's not just good or it does it's also good for our neighbors, not just our customers. What I've seen happen in the past, we've had it where fire departments have been fired fight fighting a fire, trying to put out a fire at a home, and it was actually within this, service area. And they actually used our resource, the hydrant, right across the street. Or actually was right on the next street, which they were able to reach.

And they were able to put the fire out, but they had run out of the source at the other retailer's system. That is a true story. So you can see how it could be helpful there. We also have inner ties with the city of Sunnyvale and other local agencies, and that's for emergencies like this. And maybe there's something where you have a water quality issue or what have you. These sources can be pulled and used to help each other, not just the customers that we serve. Next slide. So a little background on the well that we lost real quick. It was drilled in 1959. That's sixty seven years before we had any issues.

It was a high producer. It was over a thousand GPM. The depth was approximately around 800 feet. And we had the tank, and we had two booster pumps there, and it was a good source. Next slide.

We have seven wells in Sunnyvale. One of them was Station 20, which I said was lost in 2000 or 2016, or maybe I didn't say that. We we look at purchasing properties for new wells to drill, but it would be remiss if we didn't look at the properties that we lost a well on and go there first. Most of us are aware of the project that cities are chosen or are put have left with trying to increase residential home housing in the area for the communities. So what we don't wanna do is take purchase because what we're looking at is looking at purchasing homes or lands because there's not a lot of land for industrial use or anything like that.

And you're really not looking for something like that when you're looking to drill a well. So we first we're looking at this property to replace the well that we lost, which was a good producer, good well quality. And one of the things we wanted to do is even though we know this property, that's what it was meant for, that well been there for many years, we still wanted to take a serious look at the concerns that our neighbors, the community had in regards to us redrilling a new well at the property that we lost our old one. So we tried to meet you guys in the middle when we're looking at the tank height. According to the engineering designs, the calculation did require a higher tank height.

And we thought, well, what can we do to try to mitigate that? It doesn't is is there somewhere we can meet you in the middle? And we did. So we put it back to where the height was and the diameter. That's one of the things that we did to to make sure you guys understood that we did read your concerns, and we are looking at that.

The other thing we're looking at doing is having a special custom enclosure made for that generator. Once we name what type of generator it is and and if it's a tier four or what kind, it depends on how successful we are on drilling this well, how much how much power we need to pump the groundwater. But these are things that we're looking at. Next slide. So I mentioned a few things that we did to try to reach out and to make sure that you guys understood that we were looking at your concerns.

But the other thing that we've done is we're we're we're gonna have the sound wall, which is necessary. We're gonna have continuous monitoring with our staff and with our contractors, and we'll be documenting as as necessary, does control. And one of the things we're looking at is hotel vouchers for those that are within that noise level that's exceeded, and we're open to case by case. We're not just gonna lock it down to the two, but we'll review others if they feel like that noise level is just too much. We're flexible in that way.

Once again, I have to just remind you guys, it's it's it's pertinent that you replace the source that we lost. Because when you're looking not just at what Cal Water needs to replace what we lost, but you're also looking at you guys are increasing and improving and growing your housing community, and that requires more water. So we are we're we're we've lost a well, but we're gonna need to improve in the future too. So we're gonna be looking at our other locations to see what we can do. But this key location had good water quality for over sixty seven years.

That means we're probably gonna be very successful in what we redrill, which means that's the best chance we have to make sure we have a good source that's gonna last for decades. It's not gonna be a waste of time for you or your community or your members, neighbors, or for Cal Water. And once again, I'm I have to stress, the fire protection, you never know. Not we don't wanna we see we see fires happening all the time. And I know you see seven wells that we have, but this is one of the larger producers. You had asked about some of the other wells. I think one of my slides showed most of them, 1960s. 1959 for Station 20. For Station 1, that was 1962. All in the sixties, 1960, 1961.

If you look on that, my presentation, it has the dates of when these were drilled. I don't have the depths for you right now, but we can get that if you wanted to. But that's why I say that we do have a flexible system, that we do have a diverse system. And it's good to have that because you don't want to draw down on one well consistently. And you want to have a redundant and a backup source just in case something's being maintained. Or maybe we need to replace something. That's why you see so many in the system. And we have them in other system too in systems too or other parts of our system, should I say. I will touch real quick because I still have a minute. Someone asked about the tank color.

That's an easy thing we can remedy. You guys have a specific color that can be locked in. It's my understanding, counsel or commissioners, you guys can make a suggestion or a statement to move whatever it is you would like to see. Give us a chance to see if we can reach that whatever it is that makes you guys comfortable. We're here to have the conversation. We're not locked in. We're just locked in trying to replace the well that we lost. And and so then we can move forward on improving our system to keep up with the growth of the community. And that's all I have. Any questions?

Thank you very much. At this point, we'll allow commissioners an opportunity to ask some questions.

Mhmm. We'll start with commissioner Pine. Thank you. Just just had one quest I had a couple questions at this time. Could you go back to your slide with the, locations, please? So I'm a little confused because you said there were seven wells, but the slide says there are five wells, and then

there are six listed. One that is not on there. Excuse me. Station 30. Excuse me. Let me see. Actually, Station 20 is not listed on there.

Could you give me some geographic idea of where that is?

Okay. So we have Station 1, which is off of Sunnyvale, Saratoga across from the high school. You you have Station 21, which is on Warner And Fremont the corner back there. You have Station 25, which is behind Station 1 off of Sunnyvale and Sunnyvale and Saratoga. Those two wells, one is on the opposite side, and it actually goes to Station 1.

And sorry. And then we have Station 27, which is right on Fremont next to the high school. And then you have Station 30, and then that's on Sydney, and then 31, which is off of Hollenbeck.

Okay. The other

31.

So 31 is the one not on the not pictured on the map?

It's not picked it's not pointed out on the map, but it's listed.

Okay. It's listed, but it's not on the map. Right. Yeah. Sorry. I've been one of the reasons I asked is I'm cross checking that against so on page seven dash four of the general plan, which was which is older than this, I'm looking there was also a map of Kellwater Wells, and I'm I'm actually seeing at eight sites in Sunnyvale. Did, like, another well get decommissioned in the last decade and a half? Or

Well, we did just lose Station 1, but I see it on there.

One not presumably not on the map because I'm seeing eight.

Excuse me. Could you show me what you see?

Or is someone on the general plan it's it's Sunnyvale general plan page seven dash four. I don't know if if staff could get it up. I don't really have a way to hook my laptop up. It's figure seven dash one.

Looks like you might oh, sorry. It looks like you might have one of the ones that are borderline on Cupertino on your list.

I was not counting that. If you look at figure it's one more page down. Yeah. If you just scroll a little down Oh, yes. You can see the I'm not I wasn't counting any of the ones on the board. I'm just looking at there's kind of an there's kind of two intersecting arcs, and you I counted eight. Well, it was there. That was that that was the page.

Oh.

I don't know why it disappeared.

We can look into that if I can actually see an address or what you're

I I'm sorry. I don't have an address. I'm just pulling this off the general plan.

Okay. Well, I we I show seven. I And and I don't know what the eighth one could be unless it's something that we've lost in the past that maybe you have a record of.

It is entirely possible it was lost between the I and this page says it was July 2011, and it's fifteen years later. So it's entirely possible. I just what I'm kind of driving at is what I've been is I'm one of the concerns we've heard from the public is the consideration of alternative locations. And I guess what I'm really driving at is if there are other sites that were previously active wells, why why or why not were those sites considered as alternatives to this site? Because what I'm seeing is that there was at least what I'm seeing is assuming the general plan is correct, which I think I should be assuming that there was at least one other decommissioned well site in Sunnyvale.

So the sites that we have up here on our list, the other six that I am showing, we've only lost one. The other ones have a well and tanks a tank on it except for Station 25 because the footprint is too small for a tank. So it is tied into the tank at Station 1.

Okay.

I'm Is that

What I'm just driving at is are I'll just ask it directly. Were there any other is Cal Water aware of any other sites that were former well sites that are no longer in use that could have been that could have been used as alternatives to this site?

Not to this site. So we do for Sunnyvale, these are the the wells that we have in that location. And then we also serve Cupertino and other locations, Los Altos Hills and Los Altos. This source is particular because it can actually it was in a good location. So there are others that we will probably look at in the future, but this is the one where we don't have any well at right now.

So it makes sense to go to this location first. And I'll if you could I'll go ahead and explain why. We have two wells drilling on drilled on another site in Cupertino. And those two wells, they fight each other. So you cannot, like, have them both run unless there is an emergency or a fire, then they might both still run. And I'm talking about both wells to boosters. But because they're so close and on the same footprint, we've seen that we're not able to run them simultaneously. So So, yes. I'll defer it, Don. Just wanna This is Don, our district manager.

Thank you. I'm I'm sorry. Didn't mean to cut you off. Commissioner, would you like

to

No. Put it aside. I'd rather hear what you have

to say. Okay. Comment.

I I think I know what Melinda is trying to say, sometimes it helps to have a different perspective. But out of the well sites that we have already, they they already have wells on them, and we can't really put another well on a site that already has a well on it. As Belinda said, it creates interference in the groundwater aquifer. There's other stations. They have to be a certain size because Department of Drinking Water needs to in order for it to get permitted, it has to have a 50 foot radius where we're in control.

We don't want they they don't want part of that 50 foot radius to fall in the street, and then maybe a truckload of something falls, and then it contaminates our groundwater aquifer. So that eliminates some of the stations already. Right now, this is the only station where we we can drill and it meets the criteria for drilling. We've looked at the possibility of getting other properties. In doing so, if we were to buy another piece of property, we would it would raise the rates more for our customers.

It's not as fiscally responsible to purchase another property. Plus, we are very sensitive to the fact that cities are trying to find places to put housing. And if we bought another property, it could potentially and would be most likely taking another piece of property out of being able to be used for housing, and that's something that we faced in other cities as well. So it just it it is the most responsible we feel it's the most responsible to drill in a place where we can keep the cost as low as possible for our customers and still accomplish our need to be able to provide supply for our customers.

Yeah. Okay. Yeah. Where I and I was what I was where I was going with this is basically, I don't think it would be reasonable, particularly from a SQAnalysis perspective, to be saying, you have you considered buying another property? I don't think that's required.

I don't think that's required by the sequel analysis, but I was just trying to really just get it just if you'll pardon the pun, drill into, just making sure there weren't any alternative sites that were actually already under Cal Water control. But I actually think I actually liked what I heard about from from just the location being separately because even just looking at this general plan map, this is not particular. This is pretty far away from any of the other even even the well sites, again, I have in my general plan map, which is different than the slides. So I I do think that speaks to that. So that's that was the only question I had for now.

It's possible that when I hear other commissioners say things to other members of the public, I will they will inspire more questions. But the one other Thank you. This is more of a clarification. There, there were some in the comments. I just wanted to clarify that my reading of g of commissioner approval g c seven b is that the vouchers are, in fact, mandatory upon request from any of the residents with the addresses listed in g c seven a. It's not a discretionary thing on the part of Kellwater. It is a this condition is shall provide on request. And if I am mistaken in that, I would like to know now so we can fix it, frankly.

Yeah. And just so you know, we we we agree fully. It was approached to us, and there the, there are two homes that we can't say confidently would stay under the limit at the property line, and and those go without say. We're we're happy to provide vouchers for them. It still may be under the limit, but it may also not be once we start the drilling. So vouchers are fine. Anybody who borders the the property, please come talk to us because we know sound can look different in different places. If you feel like you're if you feel like your property is getting more sound than it should, come talk to us too. So that's something that we're happy to talk about.

Yes. I just wanted to be clear that just from where I'm sitting, it's not it's the voucher provision is not discretionary on your part. It is mandated. Yeah. Okay. Just making sure we're all on the same page. Okay.

Thank you. Thank you.

Thank you, commissioner Pine. Next, we have commissioner Soroni.

Thanks, chair. So I I think you said, you you need this, after ten years, you need this additional well, because water usage is going up. But I thought I saw some of your data that indicated it's pretty pretty level. Is do you do anticipate the need for more water than is currently available?

Well, what I'm saying, there's there's three parts to this. First, these wells are aging. All of them have been drilled around the 1960s minus 1959 for the one. So that's one of the problems, one of the things we're looking at. So we need to replace that infrastructure because of that.

We're not seeing an increased amount of demand. But being down a well and then knowing the historic the lifespan of those remain remaining wells in the area, we need to get ahead of it so we can continue providing service and making sure that you guys always have water coming out of your taps, whether it's for emergencies or just for a peak demand. And third, of course, fire protection always. So it's not like the demand is actually going up, but it has its moments. You never can tell. People change. Things go. But those are the three things we're needing this well for, needing it replaced.

So besides the I mean, at this side, you're really starting from scratch. Right? You're drilling a new well. You're putting in a new tank. And but is there an a network of pipes underground that enable you to take this water and and deliver

Yes. There is. So a matter of fact, we have a mainline project that's coming up where we're gonna be replacing the fight the pipe coming from that station. So the great thing about this is we're improving. Everything's improved since the last time we drilled this well, so you have better equipment, better pumps, better tanks, better water quality technology, which works well. And it's less noise than what was there before. But, yes, we do have pipes there that are ready to bring that out to the system.

So are the residents maybe this is for staff. Are the residents fully indemnified against long or short term damage from this, or is the process just that we have an analysis that says we don't think it's a problem? Is that a question for yours? It would it be Cal Water who would indemnify the

Well, the the I mean, if Cal Water causes damage to the, properties, I mean, there would be potentially be a claim. But as part of this application, there is no specific indemnification requirement. So there would have to be like a private action to file a claim or lawsuit against Cal Water. But so there is no specific indemnification provision. However, is an indemnification provision in terms of if there are lawsuits against the city in relation to this project approval where the applicant would need to indemnify the city.

I assume these homes have brick and mortar chimneys, which are are very easy to with not much vibration, very easy to break that that mortar. Has that been considered as part of the analysis? We've talked about the, I think, the slab or the, you know, the

good evening. I can speak to that a bit. So the noise assessment that was prepared for the project had kind of a series of different thresholds that are typically used for assessing vibration impacts. For modern, relatively speaking, homes, typical vibration threshold would be 0.3. The city opted to use a more conservative threshold for this project, is the 0.25 inches per second that I mentioned earlier.

That's typically reserved for historic structures. And then, of course, there are vibration thresholds that could be used for, you know, already damaged buildings. I think, you know, we can go lower, but the main point being that the vibration levels that were modeled for the project are we're still well below the 0.25 threshold, which is typically for, you know, sensitive structures, that are you know, have some sort of historic nature.

Alright. Thank you. The noise monitors, so if you have noise monitors installed at the various homes, will the residents have access to that data? So I think you're saying that there there will be continuous monitoring of the noise so that if it goes over the the threshold, then people can be alerted and be aware of it.

That is correct.

And I think I asked this last time, but I'll ask it again. For the backup generator, it's not possible to use backup batteries, battery packs instead?

No, sir. We find that the cost we looked at it for another location. The cost to have a battery generated generator, you need a it's not just the cost. Cost is extensive, but we don't have enough space. The amount of batteries you need, it's it's nothing we can hold. So this is the way we go. We try to get the most what do you call it? A green gen set of possible. I think it's what they call a tier four at this time. There's a little more information if you need it.

Alright. And yeah. Because those generators can be very loud. But if you're talking about making a custom enclosure to mitigate the noise.

I've seen it at another station. Sorry. But I actually couldn't believe I was standing right next to it with alarm, and those enclosures actually work because it's in a residential area in Los Altos Hills. There was concern there too, but we were able to deliver. True story.

Okay. Great. Alright. Thank you.

Thank you, commissioner Sarney. Next, we have vice chair Shukla.

Hi. Thank you for the presentation. You're welcome. Yeah. And, like, I'm going to ask very sim it may sound little basic questions, but you said that this tank is not it's kind of old, and it's the the whole location is not used. So already there were there are drilling has been done 800 feet down already there. Correct?

No. If you can repeat, did you say that I said the tank was old?

Did you So you said that this was site we abandoned. Like, it's not in use. Okay. So there was one time, the water the it was drilled, and the water there was a tank, and there or maybe there were already underground mechanism to bring water up. Correct?

Okay. So, yes, yes, there was a well drilled in 1959. There was also a tank and a booster put on that facilities. Back in 2016 we well, actually 2015 we tried to rehabilitate that well but the casing had failed to the point where we couldn't even rehabilitate it, which means we couldn't patch it and what have you. So at that time we ran tests just to see if we could save it. No possibility. So we removed the tank, and the well was decommissioned finally in 2016.

So what my I mean, I'm just asking this question because, like, probably already you already have, the the drilling. Like, the already the holes are there, and you are going to just go 200 feet under more. And then with I know that there is a lot of mechanism because you have to test it in between to find out how much water is there. So I'm just trying to find out that, because there is existing mechanism, so is there is that going to be a little easier than you're drilling from the ground up, or you are changing in the same site? You are changing the location?