This report includes a work plan for an adopted Council Study issue for Privacy Issues Between Residential and Non-Residential Developments and Zoning Districts.

In December 2002, the City Council considered a study issue regarding privacy issues for single family residential uses adjacent to non-residential uses. The issue was raised by residents who were concerned that the windows and surveillance cameras of adjacent commercial and office uses were invading their privacy. That year the study issue fell below the line. In response, staff prepared a memo to Council in 2001 outlining current codes related to privacy issues (Attachment A).

For 2002 Council adopted a study issue entitled "Privacy Issues Between Residential and Non-Residential Developments and Zoning Districts" (Attachment B). As stated in the study issue paper this study issue was adopted specifically to consider the issue of privacy and the line of sight into residential properties.

The Planning Commission considered this item at a regularly scheduled meeting on June 10, 2002. The Planning Commission approved the work plan as proposed by staff with the addition that the study include consideration of the hours of operation of uses adjacent to residences.

The following policies and action statements relate to privacy between residential and non-residential uses:

DISCUSSION

The current code requirements for increased setbacks, landscape buffers and 6-foot high masonry walls, which are intended to protect against infringement of privacy, may not be sufficient to protect the privacy of adjacent residents. As stated in the Council study issue paper, this study will determine whether or not the existing requirements are indeed sufficient or if additional requirements to enhance privacy are necessary.

Staff held a study session with the Planning Commission on February 25, 2002. The Planning Commission discussed the scope of the study and defined issues related to privacy. The following issues were identified that affect one’s ability to feel private but that did not have a direct effect on visibility into a residential site. These issues are already regulated in the Municipal Code. Many of these issues have been reviewed and modified in recent years; however, some sites have a legal non-conforming status and full benefits of the changes are not realized. Staff is proposing to exclude them from this year's study:

• Use of trash enclosures
• Operational noise, delivery noise
• Excessive light and glare
• Enforcement of code requirements

The following issues were identified by staff and the Planning Commission and are more directly related to the purpose of the study:

• Line of sight from windows of non-residential development
• Use of exterior mounted security cameras
• Height of masonry walls along property lines
• Security lighting levels

In order to evaluate and make a recommendation on legal and appropriate remedies to these issues, staff proposes to conduct the following analysis:

• Determine how many residential lots in the City are directly adjacent to non-residential developments and zoning districts.
• Evaluate the potential effectiveness of a new notification process to alert residents of potential non-residential development (even if allowed by right)
• Survey procedures and codes used by neighboring cities
• Review building code requirements for multi-story commercial/industrial development for natural light, exiting and window requirements and determine if opportunities for modifications exist
• Review effectiveness of existing setbacks on protecting line of sight and the potential for increasing setback requirements
• Determine the legal parameters of regulating security cameras and appropriate limits on their use (examine Federal and State law, consider limiting height and range of view)
• Consult with Public Safety Department and facility managers to determine current security and crime prevention requirements/issues for businesses
• Consult with the Chamber of Commerce and the Silicon Valley Manufacturing Group
• Determine how effectively new parking lot landscaping requirements assist in protecting privacy
• Analyze potential new regulations for property line screen walls and landscape screening
• Review the impact of hours of operations on privacy

This study issue is scheduled to return to the Planning Commission on September 23, 2002 and to City Council on October 8, 2002.

This item proposes implementation of a work plan to analyze privacy issues between residential and non-residential land use; no fiscal impacts will result from this item.

The staff report for this project was posted on the City of Sunnyvale Website and a copy of the report was provided at the reference section of the City of Sunnyvale’s Public Library. The Agenda was posted on the City of Sunnyvale’s Website.

Alternative 1.

Prepared by:

Gerri Caruso
Principal Planner

Reviewed by:

Trudi Ryan
Planning Officer

Reviewed by:
Robert Paternoster
Director, Community Development

Approved by:
Robert S. LaSala
City Manager