NUMBER

CDD-1

PROPOSED COUNCIL STUDY ISSUE

For Calendar Year:

2002

New

Previous Year (below line/defer)

X

Issue Title:

Privacy Issues Between Residential and Non-residential Developments and Zoning Districts.

Lead Department:

Community Development

General Plan Element or Sub-Element:

Land Use and Transportation Element Community Design Sub-element

1.

Sunnyvale includes several residential neighborhoods that are adjacent to non-residential zoning districts, including commercial, office and industrial zoning districts. The Sunnyvale Municipal Code contains a variety of development standards to help ameliorate the impacts of non-residential land uses upon residential developments. Development standards for non-residential development adjacent to residential properties include increased building setbacks, decreased building heights, landscaped buffers and installation of 6-foot high masonry walls.

Sunnyvale residents have raised concerns regarding the incompatibility of adjacent non-residential land uses. More specifically, as sites are redeveloping, residents have expressed concerns regarding lack of privacy since it may be common for new non-residential developments to consist of multiple stories and to include exterior mounted security cameras. The line of sight onto a residential property may potentially be increased depending upon the location of windows and placement of the security cameras. The current code requirements for increased setbacks, landscape buffers and 6-foot high masonry walls, which are intended to protect against infringements of privacy, may not be sufficient to protect the privacy of adjacent residents.

This study will review all current development standards pertaining to non-residential land uses adjacent to residential developments and zoning districts. The study will determine whether or not the exiting requirements are indeed sufficient or if additional requirements to enhance privacy are necessary such as, but not limited to, restricting the line of sight from windows of non-residential developments, restricting the use of security cameras adjacent to residential properties, increasing the required height of masonry property line walls, etc. This study will also explore the possibility of establishing a notification process to alert residents of potential adjacent non-residential development.

For 2001, this item ranked 1 of 6 by the Planning Commission and 5 of 11 by the City Council. The item fell below the line.

2.

Policy N1.1: Protect the integrity of the City's neighborhoods, whether residential, industrial or commercial.

Action Statement N.1.1.1: Limit the intrusion of incompatible uses and inappropriate development into city neigborhoods.

Policy N1.2: Require new development to be compatible with the neighborhood, adjacent land uses, and the transportation system.

Policy C.5: Ensure that buildings are appropriate to their context and designed to be compatible with surrounding properties and special districts.

Action Statement C.5.f.: Encourage new construction to be designed so that it minimizes the impact on the privacy of adjoining residential properties.

3.

Origin of issue:

Councilmember:

General Plan:

Staff:

Board or Commission:

Arts

Housing & Human Svcs

Bicycle Advisory

Library

Bldg. Code of Appeals

Parks & Rec.

CCAB

Personnel

Heritage & Preservation

Planning

X

Board / Commission Comment:

Planning

Commission ranked

3

of

6

4.

Multiple Year Project?

No

Expected Year of Completion

2002

5.

Estimated work hours for completion of the study issue.

1. Estimated work hours from the lead department

400

• Estimated work hours from consultant(s):

0

• Estimated work hours from the City Attorney's Office:

80

• List any other department(s) and number of work hours:

Department(s):

Public Works

25

Public Safety

25

Total Estimated Hours:

530

6.

Expected participation involved in the study issue process?

1. Does Council need to approve a work plan?

No

• Does this issue require review by a Board/Commission?

Yes

Planning Commission

• Is a Council Study Session anticipated?

Yes

• What is the public participation process?

Hold Neighborhood focus meetings for residents in affected areas to obtain community input. The usual public noticing procedures will be utilized for noticing the Planning Commission and City Council public hearings.

7.

Estimated Fiscal Impact:

$ 0

$ 0

$ 0

$ 0

$ 0

8.

Staff Recommendation

Recommended for Study

X

Against Study

Current zoning regulations already require standards for industrial and commercial sites adjacent to residential zones which are designed to mitigate against potential negative impacts upon the residential uses. These standards appear to be providing adequate protection.

City Manager

Date