Sunnyvale

City of Sunnyvale

Planning Commission

APPROVED

ACTION

SUMMARY

A regular meeting of the Sunnyvale Planning Commission was held on February 23, 2004, at 8:00 p.m. in the Council Chambers, City Hall, 456 West Olive Avenue, Sunnyvale, with Chair Babcock presiding.

Members Present: Chair Babcock; Vice Chair Moylan, Comms. Fussell; Hungerford; Klein; Simons; and, Sulser

Staff Present: Trudi Ryan Planning Officer; Joan Borger, Senior Assistant City Attorney; Christine Cannizzo, Assistant Planner; Ryan Kuchenig, Assistant Planner and Alice Gamboa-Navas, Recording Secretary

Vice Chair Moylan made a motion to approve the minutes of February 9, 2004. Comm. Klein seconded.

1. 2003-0903- Councilmember Miller [Appellant] - Appeal of a decision by the Administrative Hearing Officer approving a Variance from Sunnyvale Municipal Code 19.46.060 to allow a 14-foot front yard setback where 20 feet is required. The property is located at 777 The Dalles in an R-0 (Low-Density Residential) Zoning District. (APN: 323-15-038) DO

Comm. Simons made a motion on Item #2003-0903 to grant the appeal and deny the Variance. Comm. Fussell seconded. Motion carried 4-3 with Vice Chair Moylan, Comms. Klein and Sulser dissenting.

2. 2004-0018 - Application for a Design Review on a 5,482 square foot site to demolish the existing house and allow a 3,058 square foot 2-story house at 56% FAR where 45% is allowed without a Planning Commission Review. The property is located at 694 Conway Road in an R-2 (Low-Medium Density Residential) Zoning District. (APN: 202-06-015) CC

Comm. Fussell made a motion on Item #2004-0018 to approve the Design Review subject to Conditions of Approval including the added conditions: 1) Condition of Approval #7 – that the applicant shall provide an arborist report for the walnut tree on the western fence line of the rear yard to justify removal. If removal cannot be justified, a tree protection plan shall be provided. The arborist report and the tree protection plan shall be reviewed and approved by the Director of Community Development prior to issuance of a building permit; and 2) Condition of Approval #8 – that the applicant shall provide one street tree. Tree type and size shall be approved by the Director of Community Development prior to issuance of a building permit. Vice Chair Moylan seconded. Motion carried 7-0.

3. 2003-0837 – Brian Smithson [Appellant] - Appeal of a decision by the Director of Community Development approving a Miscellaneous Plan Permit to allow a 7’2” high accessory utility building in the rear yard. The property is located at 1104 Burntwood Court in an R-0 (Low Density Residential) Zoning District. (APN: 104-25-074) RK

Comm. Hungerford made a motion on Item #2003-0837 to deny the appeal and uphold the decision of the Director of Community Development approving the Miscellaneous Plan Permit and required the applicant to bring the accessory utility building in compliance to the required limit of 7’ and 2” within a year. Comm. Fussell seconded. Motion carried 5-2 with Vice Chair Moylan and Comm. Simons dissenting.

4. 2002-0929 – Application for related proposals on a 5,250 square foot site located at 1090 Essex Avenue in an R-0 (Low-Density Residential) Zoning District. (APN: 110-11-016) RK

Comm. Hungerford made a motion on Item #2002-0929 to approve the Variance and Design Review subject to Conditions of Approval with modifications that the front yard fence shall not exceed three feet in height. Comm. Simons seconded. Motion carried 5-2 with Vice Chair Moylan and Comm. Sulser dissenting.

Trudi Ryan, Planning Officer, reported that on February 10, 2004, City Council considered the rezoning of the properties located at the eastern adjacent side of the Downtown Specific Plan. The Council approved the rezoning as recommended by the Planning Commission. The Council also directed staff to review areas on Washington and McKinely for a possible rezone to R-2/PD.

Also on February 24, Council will consider the outreach effort for the Town Center Mall redevelopment. Staff has provided the Council a list of actions to accomplish a city-wide outreach efforts one of which is for the Planning Commission to conduct outreach meetings to gather input from the public prior to public hearings and for staff to have expanded noticing and that the developer shall responsible for these outreach efforts.

Chair Babcock asked for clarification about the possible action required of the Planning Commission. Ms. Ryan responded that the Commission conducts public forums to gather input before the public hearings.

Comm. Simons announced that on Saturday, February 28, the Sunnyvale Rotary will hold its annual Crab Feed at St. Cyprian’s at 5:30 p.m. He invited the public to join.