The City Council of the City of Sunnyvale adjourned from a 6:30 p.m. Joint Study Session with the Planning Commission regarding Energy Regulations and Green Building Policies and Guidelines, and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:30 p.m., with Mayor Miller presiding.

Councilmember Valerio led the salute to the flag.

Laura Babcock, Sunnyvale Historical Society and Museum Association, announced

they have the plan ready to proceed with the movement of the Bianchi Barn. They are proceeding with the application and permits, and the barn will be moved by the first of May.

Councilmember Walker made the following announcements on behalf of the Council:

The City of Sunnyvale Department of Public Works is hosting a community meeting on January 8, at 7:00 p.m., at the Columbia Middle School Staff Room, to gather input on funding for long range transportation improvement needs. The City of Sunnyvale is considering a comprehensive program to fund future roadway capacity needs. Long range future projections show the need for expressway grade separations, major access improvement to the Moffett Park area, the addition of traffic lanes at various other intersections throughout the City, and bicycle and pedestrian improvements. The publics’ input is encouraged.

The City of Sunnyvale has extended their Boards and Commissions recruitment until January 24, 2003. The following Boards and Commissions have openings: Arts Commission, Board of Building Code Appeals, Heritage Preservation Commission, and Housing and Human Services Commission. For more information, please contact Donna Biles at 730-7595.

The City of Sunnyvale has received the 2002 California Award for Performance Excellence (CAPE) from the California Council for Excellence. Sunnyvale is the first city in California to receive this prestigious award. The award recognizes the City’s ongoing efforts to deliver the highest quality services and programs to citizens, neighborhoods, community groups, and the business community. The CAPE program is patterned after the Malcolm Baldridge National Quality Award which annually recognizes high performing businesses, health care organizations and educational institutions. City officials will receive the award next April during the annual conference of the California Council for Excellence.

City Manager Robert LaSala added this is a significant step forward for Sunnyvale, and the City will use the report to further improve services and performance.

City Manager Robert LaSala stated that item 1.F., Award of Bid No. F0210-37 for the Replacement of the Heating, Ventilating and Air Conditioning System at Raynor Day Care Center, which was deferred from the December 17th Council meeting, is now scheduled for the January 14th Council Meeting.

Motion by Vice Mayor Risch, and seconded by Councilmember Walker, for approval of the Consent Calendar. The motion carried unanimously.

Councilmember Vorreiter moved, and Vice Mayor Risch seconded, to continue this item to January 28, 2003. The motion carried unanimously.

Ryan Kuchenig, Assistant Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report. He stated that in 2002, a study issue was ranked to re-examine the need to bring homes into conformance with current parking standards due to concerns of excessive street-side parking. On December 9, 2002, the Planning Commission approved the modification of the parking ordinance (with the definition of a bedroom) stating that single family homes with non-conforming covered parking shall meet current parking standards when proposing additions that result in four or more bedrooms or result in 1,800 square feet or more in total floor area. Mr. Kuchenig stated the following criteria was considered for new requirements: any addition that would result in a 20% increase in an existing home; any addition that would result in a total floor ratio of 40% or greater; any addition that would result in four or more bedrooms; any addition that would result in a total floor area of 1800 square feet or more; and any addition that would result in 50% or more in the living area of the existing home.

Vice Mayor Risch inquired if the 1800 square feet was set to include the garage as part of the threshold and why 1800 square feet was selected. Trudi Ryan, Planning Officer, responded that the 1800 square feet does include the garage, and in analyzing properties that appeared to be deficient in parking, most of the homes were between 1100 to 1500 square feet, which left 300 square feet for expansion.

In response to Vice Mayor Risch, Ms. Ryan stated there are no zoning code changes proposed for driveways or garage dimensions.

Councilmember Walker inquired if there is an area for parking, does it have to be maintained as a parking space or can it be utilized for storage. Ms. Ryan replied there is nothing in the current ordinance that states a parking area cannot be used for storage.

Director Paternoster stated that they have two conflicting policies, with one to protect neighborhoods against overdevelopment and the other trying in encourage re-investment. He stated this would need to be monitored over time, study the results and possibly make an adjustment.

Councilmember Howe inquired if a single car garage is approximately 200 square feet. Ms. Ryan responded that some single car garages are up to 350 square feet. Councilmember Howe noted the difference between a single car and double car garage allows an additional 200 square feet for expansion for single car garages.

Mayor Miller asked for clarification if homes without a garage would be grandfathered in. Ms. Ryan responded that prior to 1988 it was legal to convert garages to living space.

Councilmember Vorreiter asked for clarification that the objective of this ordinance is to minimize on street parking in certain neighborhoods and not to limit the lot coverage. Ms. Ryan responded that was the objective. Councilmember Vorreiter stated she thinks the ordinance is prohibitive for residents who wish to expand their homes.

Councilmember Valerio asked for clarification on development of a different driveway. Ms. Ryan replied they would need an encroachment permit to modify the curb.

Councilmember Valerio further asked for clarification of 1800 square feet limit. Ms. Ryan replied this was the break point between homes that had two car garages and one car garages.

Mayor Miller opened the Public Hearing at 8:10 p.m.

David Mock, a member of the public, expressed concern about the proposed ordinance being too prohibitive and thereby eliminating any future expansion of his home. He further stated he would like to expand his home to five bedrooms.

Thom Mayer, a member of the public, stated he would like the ordinance modified to bring illegal garage conversions back to code and different requirements for one and two car garages. Ms. Ryan responded that illegal garage conversions are currently being addressed.

Mayor Miller closed the Public Hearing 8: 25 p.m.

Councilmember Walker moved, and Councilmember Howe seconded, to introduce an ordinance to the Municipal Code concerning: a) single family homes with non-conforming covered parking shall meet current parking standards when proposing additions resulting in four or more bedrooms; b) single family homes with non-conforming covered parking shall meet current parking standards when proposing additions resulting in 1,800 square feet or more in total floor area; c) definition of a bedroom as clarified by staff.

Councilmember Vorreiter inquired if there will be a review of the ordinance to analyze the impact. Ms. Ryan replied that staff would return to Council sometime in the next two years to review the impact. Councilmember Vorreiter expressed concern on the impact of this ordinance on older homes.

Councilmember Valerio inquired if staff would be able to collect data for future Council review. Ms. Ryan replied they plan to return to Council with the data.

Councilmember Walker offered a friendly amendment for staff to come back to Council when they have sufficient data regarding permits within two years. The amendment was accepted.

Councilmember Howe offered a friendly amendment to set the date for staff to come back to Council to be no later than December 2004. The amendment was accepted.

The motion carried unanimously.

ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTION 19.46.060 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL USES.

Christine Cannizzo, Assistant Planner, assisted by Trudi Ryan, Planning Officer, presented the staff report. She stated that the applicant, Delia Smith, is requesting a 170 sq. ft. bathroom addition in the rear yard which would bring the lot coverage to 46%. She stated the Planning Commission approved the Variance and the Design Review with conditions on November 25, 2002, and that Councilmember Howe appealed the application citing concerns with the findings. She stated the lot is already over 40% lot coverage, and the Planning Commission felt the additional 170 sq. ft. coverage would not be significant. She further stated the entire neighborhood has sub-standard lots and noted staff was concerned with the additional lot coverage and size of the addition. She stated that of the 19 lots surveyed, only two exceeded the 40%.

Councilmember Walker inquired if there would be any benefit in re-zoning because of the sub-standard lot size. Ms. Ryan responded there would be no benefits for rezoning to R1.5 since the maximum coverage is still 40%.

Mayor Miller opened the Public Hearing at 8:45 p.m.

Delia Smith, applicant, stated the additional bathroom is for her mother-in-law who is disabled and unable to reach a second story bathroom. She stated they have reduced the addition by 33%. She further stated the addition is complimentary to the neighborhood and presented pictures of the neighboring homes.

Council Howe noted he had the opportunity to meet with the applicant, and stated his concerns are a land use issue and a variance. He suggested a possible alternative would be to work with City staff to revise the addition. Ms. Smith responded they could change the height of the addition so it would not be visible from the front.

Councilmember Fowler questioned the reason for the height of the addition. Ms. Smith responded it was for aesthetic reasons and stated the house is currently approximately 2200 sq. ft. of living space with three bedrooms and an upstairs bonus room.

Mayor Miller closed the Public Hearing at 8:58 p.m.

Councilmember Howe moved, and Councilmember Walker seconded, to grant the appeal thereby denying the Variance Request and the Design Review, and direct staff to work with the applicant on a revised design. The motion carried unanimously.

No action was taken.

Nicholas Manos, a member of the public, stated he is annoyed with noise caused by his neighbor’s leaf blower.

Renee Gregory, a member of the public, addressed comments to the Council regarding on-street parking and parking law enforcement in the high density area where she lives.

Mayor Miller asked the staff to look into enforcement of parking regulations.

Councilmember Walker asked staff to look into signage in high density areas.

Thom Mayer, a member of the public, thanked Public Safety for responding quickly to his 911 call.

Pistori Leonita, a member of the public, expressed concern on parking issues and recommended issuing permits based on the number of bedrooms in each unit.

Councilmember Howe applauded staff for issuing citations to three illegal businesses.

Vice Mayor Risch inquired about the Downtown Plaza Construction schedule. He also reported he had been a judge in the California Lottery Top Dog Contest and a local canine is among the finalists.

Mayor Miller announced that following the regular City Council meeting, the Council would adjourn to a Special Closed Session regarding City Manager Contract Negotiations.

There were no comments.

At 9:31 p.m., on a motion by Mayor Miller, and seconded by Councilmember Walker, the meeting was adjourned in recognition and respect for the life and contributions of former Sunnyvale Mayor and Councilmember Donald S. Logan.

Respectfully submitted,
Susan Kitchens, City Clerk