COMMUNITY DEVELOPMENT DEPARTMENT
OFFICE MEMORANDUM

 

DATE: April 6, 2004
TO: Mayor and Members of the City Council
FROM: Robert Paternoster, Community Development Director
THRU: Amy Chan, City Manager
RE: Appeal Report
PLANNING COMMISSION
3-22-04
ADMINISTRATIVE HEARING 3-24-04

 

Attached is the "Appeal Report" which is presented as an annotated agenda ("ACTION SUMMARY") noting which items may be appealed and the final appeal date.  Staff reports and detailed minutes are available on the City’s web site and one set of the Planning Commission reports and minutes will be placed in the Council Office. 

 

Please note that there are no items on the Administrative Hearing agenda for the City Council to appeal. 

 

Council should specify the reason for an appeal and indicate any appealed items on which it wishes to have expanded notification.

 

If you have any questions, please contact Trudi Ryan, the City’s Planning Officer at (408) 730-7435. 

 

 

City of Sunnyvale
Planning Commission

 

DRAFT

ACTION

SUMMARY

 

 

A regular meeting of the Sunnyvale Planning Commission was held on March 22, 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; Steve Lynch, Associate Planner; Diana O’Dell, Senior Planner and Alice Gamboa-Navas, Recording Secretary

 

PUBLIC HEARING:

 

Approval of Minutes

 

Comm. Simons made a motion to approve the minutes of March 8, 2004 with minor modifications.  Comm. Moylan seconded.

 

Motion carried 7-0.

 

Citizens To Be Heard

 

Mitchell Diamond, resident, expressed his disappointment about a development located along Evelyn Avenue bordering a number of single family homes that invades the neighborhood’s privacy.  He quoted Goals and Policies of the General Plan and stated that this project did not comply with the approved Conditions of Approval such as providing a landscaping as a screen to address privacy.  He further noted that the project is not compatible with the neighborhood contrary to the report.  Furthermore, he commented that the city conducted a study to lower the density in the downtown and yet the project was approved at a higher density. He concluded that the city has not protected the privacy of current residents.

 

Chair Babcock asked staff whether staff could to identify what Conditions of Approval were approved.   Ms. Ryan responded that staff will work with the speaker in identifying what Conditions of Approval and whether the developer was building according to the approved plan and inform the developer if there is a need to make changes.  Chair Babcock urged the speaker to work with staff.


 

Public Hearing

 

1.     2004-0059 – Hector Fonseca [Applicant] Robert B. Burns and Carol Ozawa [Owner] Application for a Design Review on a 9,544 square-foot site to allow a single story addition to an existing two-story home resulting in a 4,356 square-foot home with 46% Floor Area Ratio (FAR) where 45% is allowed without Planning Commission Review. The property is located at 1360 Bedford Avenue in an R-1 (Low Density Residential) Zoning District.  (APN: 320-29-021) RK (Application withdrawn, public hearing not required)

 

Trudi Ryan, Planning Officer, reported that there was a technical oversight and that there is no additional floor area in the remodel therefore a public hearing is not required.

 

APPEAL OPTIONS:   Not appealable, application withdrawn.

 

2.     2004-0092 – Application for Design Review on a 6,004 square-foot site to allow a second story addition of 1,215 square feet resulting in a 3,287 square-foot home with 54.75% Floor Area Ratio (FAR) where 45% is allowed without Planning Commission Review.  The property is located at 811 Haverhill Drive in an R-0 (Low Density Residential) Zoning District. (APN: 201-09-035) SL                                        

Comm. Moylan made a motion on Item #2004-0092 to approve the Design Review as recommended by staff.  Comm. Fussell seconded.  Motion carried 7-0

 

APPEAL OPTIONS:  Application may be appealed to City Council by Tuesday, April 6, 2004.

 

3.     2004-0112 - First Community Housing [Applicant] Sunnyvale Inn LLC [Owner] - Application for related proposals for a 1.59 acre site located at 940 W. Weddell Drive C-2/PD (Highway Business/Planned Development) Zoning District. (Mitigated Negative Declaration) (APN: 110-12-078) DO (Also to City Council on 04/06/04)

 

·         General Plan Amendment from Commercial General Business to High Density Residential (27-45 du/acre);

·         Rezone from C-2/PD (Highway Business/Planned Development) to R-4/PD (High Density Residential/Planned Development) Zoning District, and

·         Special Development Permit to allow conversion of an existing hotel building to a 42-unit apartment building with associated minor additions. 

 

 

Comm. Simons made a motion on Item #2004-0112 to adopt the Mitigated Negative Declaration and recommend to City Council approval of the General Plan Amendment from Commercial General Business to High Density Residential, Rezone from C-2/PD to R-4/PD and Special Development Permit in accordance with staff recommendations with modifications that 1) to delete Conditions of Approval #13 and #14;  2)  not specify that the project has to have 36 units but to allow the applicant to work with staff in figuring the best number of units to fit within the existing buildings; 3)  modify Condition of Approval #10 that the exterior lighting be made to meet the current ordinance as opposed to be grandfathered at a high hotel level. Chair Babcock seconded.  Motion carried 5-2 with Vice Chair Moylan and Comm. Sulser.

 

APPEAL OPTIONS:  Application will be considered by City Council on Tuesday, April 6, 2004.

 

Oral Communications

 

Report on Council Meeting and Planning Officer’s Report

 

Trudi Ryan, Planning Officer, reported that on March 16, 2004, the City Council considered a Variance on a property located 777 The Dalles. The Council upheld the Planning Commission’s decision and to deny the Variance.  However, the Council directed the applicant to re-apply for a parking Variance to go before the Administrative Hearing Officer and directed staff to waive the application fee.

 

Further, Ms. Ryan reported that the Council asked for an update on the Planning Commission’s outreach efforts in the development of the Town Center Mall area.  She updated the Commission on the venues.  She reported the community outreach meetings as follows:

 

April 7, 2004 from 7:30 to 9:00 p.m. to be held at the Senior Center, Orchard Pavilion

 

April 29, 2004 from 7:00 to 9:00 p.m. to be held at The Historic Del Monte Building

 

She invited the public to participate.

 

Ms. Ryan reminded the public and the Commission that on Saturday, March 20, at 8:30AM, the City Council will conduct its second Budget meeting and will discuss the Community Development Department’s services. 

 

Planning Commission Communication

 

Comm. Klein announced that April 3, is Arbor Day and invited the public to attend this event to be held at the Library.

 

Staff Communications

 

Ms. Ryan invited the public to attend the Public Outreach Meetings on the Development of the Town Center Mall area on April 7 and April 29.

 

Adjournment

 

With no further business, the Commission meeting adjourned at 9:30 PM.

 

Submitted by:

 

Trudi Ryan
Planning Officer

 

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ADMINISTRATIVE HEARING
ACTION SUMMARY
Wednesday, March 24, 2004

 

A public hearing was held by the Director of Community Development Department at 2:00 p.m. in the West Conference Room, City Hall, 456 W. Olive Avenue, Sunnyvale, CA for the purpose of considering the following application:

 

 

 

THE ADMINISTRATIVE HEARING WAS CANCELED

NO ITEMS ON THE AGENDA

 

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