CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, October 13, 2004
2004-0733 - Application for a Use Permit on a 20,984 square-foot site to allow the construction of a new 480 square-foot carport. The property is located at 186 North Sunnyvale Avenue in an R-2 (Low-Medium Density Residential) Zoning District. (APN: 204-48-026) JM
In attendance: Jim Campbell, Owner/Applicant; Gerri Caruso, Administrative Hearing Officer; Jamie McLeod, Project Planner; and, Gloria Barron, Recording Secretary.
Ms. Gerri Caruso, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.
Ms. Caruso announced the subject application.
Jamie McLeod, Project Planner, presented the staff report. She summarized the subject application and recommended approval of the Use Permit subject to the Conditions of Approval recommended by staff.
Ms. Caruso asked staff where she obtained the assessors parcels records for the property. Staff responded that she obtain the records from the planning module and through a software called Real Quest. Ms. Caruso confirmed with staff that there are 9 units on the property.
Ms. Caruso opened the public hearing.
Jim Campbell, Owner/Applicant, stated that he received and reviewed a copy of the staff report. He then referred to condition #5 and stated that he went to the County Assessors Office and spoke to an appraiser. He then stated that there was no record showing when the addition was built but it was picked up in 1963. Mr. Campbell submitted a copy of the record to the hearing officer. Ms. Caruso confirmed with Mr. Campbell that the county records show there was an addition but do not show that it was a separate unit. Mr. Campbell stated that he hopes he does not have to remove the kitchen in the small unit and explained that his disabled son lives in that unit which gives him a sense of autonomy and allows him to watch over his son. Mr. Campbell then stated that he bought the property in 1963 and it included the separate unit. Ms. Caruso referred to condition #9 and stated that the protective measure that is taken towards the tree will need to be determined by an arborist and shall include an arborist report. Mr. Campbell noted that he had someone come out and look at the tree. Ms. Caruso stated that a list showing the protective measures for the tree would have to be obtained and given to the City arborist for review and approval. Staff stated that currently the tree is adjacent to the structure but if the arborist report requires the tree to be moved there might be some issues with respect to the proximity of the adjacent building. Ms. Caruso then referred to the usable open space and landscaping on the site and asked Mr. Campbell if he could improve the area so that the tenants have a level of usable open space that would meet the code. Mr. Campbell stated that he has a landscaping plan for that area of land. Ms. Caruso asked Mr. Campbell to submit the landscaping plan for review and approval before obtaining building permits. Ms. Caruso then referred to another area and stated that with the removal of the shed if Mr. Campbell could include pavers and have it developed as a patio area. Mr. Campbell noted that the landscape plan does include the removal of asphalt currently around the tree in that area and he will be putting in gravel and pavers. Ms. Caruso asked Mr. Campbell to keep in mind that rain water needs to be able to seep into the ground. Mr. Campbell asked if the re-striping of the parking lot could be done after the construction of the garage. Ms. Caruso responded yes and asked that he submits the striping plan before he takes out his permit and that will become an exhibit to the building permit.
Ms. Caruso closed the public hearing.
Ms. Caruso took the application under advisement until Tuesday, October 19, 2004 primarily to further research information about the separate unit and stated that a formal decision would be made on Tuesday, October 19.
The meeting was adjourned at 2:39 p.m.
Addendum
Subsequent to the public hearing, the applicant submitted information regarding health issues of the occupant of the accessory living unit. This information has been reviewed and determined to not be relevant or related to the land use decision at hand. The project was approved subject to the following additional conditions:
A professional arborist report shall be submitted prior to issuance of a building permit to determine appropriate measure for protecting the significant Coast Live Oak in the vicinity of the proposed garage during construction.
All protective measures identified in the arborist report and by the City’s arborist shall be incorporated into the title page of the building permit plans. Failure to follow these measures during construction may result in a stop work order for the project.
Landscaping and irrigation plans shall be submitted for review by the Director of Community Development for the areas south of the parking lot and east of the apartment building to provide additional usable open space. Landscaping and irrigation shall be installed prior to receiving a final building inspection for the garage.
The accessory living unit attached to the original house is not a permitted separate unit. Permitting this unit would increase the non-conformity of the site density. Kitchen facilities shall be removed from this unit, although it may function as a separate bedroom/living area from the main house.
Minutes approved by:
Gerri Caruso,
Principal Planner