COMMUNITY DEVELOPMENT DEPARTMENT

OFFICE MEMORANDUM

 

 

DATE: April 27, 2004

TO: Mayor and Members of the City Council                                                                                                                                             

FROM: Robert Paternoster, Community Development Director

THROUGH: Amy Chan, City Manager

RE: Appeal Report
PLANNING COMMISSION 4-12-04
ADMINISTRATIVE HEARING 4-14-04

 

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 reports and minutes will be placed in a binder in the Council Office. 

 

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 April 12, 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. Hungerford; Klein; and Sulser

 

Excused Absent: Comm. Fussell and Simons

 

Staff Present: Trudi Ryan Planning Officer; Joan Borger, Senior Assistant City Attorney; Gerri Caruso, Principal Planner; Kelly Diekmann, Associate Planner; Erin Walters, Associate Planner; and Alice Gamboa-Navas, Recording Secretary

 

PUBLIC HEARING:

 

Approval of Minutes

 

Vice Chair Moylan made a motion to approve the minutes of March 22, 2004 with modifications.  Comm. Sulser seconded.

 

Motion carried 5-0-2 with Comms. Fussell and Simons absent.

 

Citizens To Be Heard

 

Ms. Ryan announced that the City is recruiting new member for Boards & Commissions.  She noted that there is an informational meeting on Thursday, April 14 in the West Conference Room at 6PM.  She further noted that the application deadline is Friday, May 21 at 5PM.  For further information, contact Donna Biles at (408) 730-7595 or visit the city’s website at www.sunnyvale.ca.gov.

 

Public Hearing

 

1. 2004-0245 - Pete Edwards[Applicant] - Application for a Design Review on a 9,420 square-foot vacant lot to construct a new 4,100 square-foot two-story house where up to 4,050 square feet can be considered without Planning Commission review. The property is located at 1397 Cordilleras Avenue in an R-1 (Low-Density Residential) Zoning District. (APN: 323-07-054) HB

 

Vice Chair Moylan made a motion on Item #2003-0245 to deny the Design Review as recommended by staff.  Comm. Hungerford seconded.  Motion carried 5-2 with Comms. Fussell and Simons absent.

 

2. 2003-0947 – Vimal Kumar [Appellant]: Appeal of a decision by the Administrative Hearing Officer approving a Use Permit to allow a restaurant in an existing commercial building (formerly Michael’s Restaurant).  The property is located at 803 E. El Camino Real in a C-2 (Highway Business) Zoning District.  (APNs: 211-25-002 and 003) KD

 

Comm. Hungerford made a motion on Item #2003-0947 to deny the appeal and uphold the decision of the Administrative Hearing Officer approving the Use Permit with a parking ratio of 1/110 square feet for an 11,396 square-foot building for a total of 104 parking spaces.  Comm. Klein seconded.  Motion carried 5-2 with Comms. Fussell and Simons absent.

 

3. 2003-0849- Alan Andress [Applicant] Ims Global Inc [Owner] - Application for a Use Permit to allow the removal of an existing gas station building and canopy to be replaced with a new 1,668 square foot gas station/gift shop building with associated self service car wash, fuel canopy, and addition of two fuel dispensers.  The property is located at 1005 W El Camino Real in a C-2 (Highway Business) Zoning District.  (Mitigated Negative Declaration) (APN: 161-41-006) EW

 

Vice Chair Moylan made a motion on Item #2003-0849 to adopt the Mitigated Negative Declaration and approve the Special Development Permit with modifications: 1) to modify Condition of Approval #20 to state that car wash hours of operation shall be from 7AM to 7PM; 2) to add Conditions of Approval that a self-service car wash shall be used, and 3) visual indication shall be used for directional purposes for car wash users.  Comm. Klein seconded.  Motion carried 5-2 with Comms. Fussell and Simons absent.

 

4. 2000-0523- City of Sunnyvale –Adoption of the Moffett Park Specific Plan and associated amendments to the Zoning Ordinance including creation of Chapter 19.29 Moffett Park Specific Plan (Environmental Impact Report was certified November 11,2003) KDI (Continued from March 8, 2004)

 

Vice Chair Moylan made a motion on Item #2000-0523 to recommend to City Council adoption of the Moffett Park Specific Plan and return to Planning Commission the zoning ordinance on April 26, 2004 for review and recommendation to City Council on April 27, 2004.  Comm. Hungerford seconded.  Motion carried 5-2 with Comms. Fussell and Simons absent.

 

5. Proposed Announcements for City Council Hearing.

 

None

 

Oral Communications

 

Report on Council Meeting and  Planning Officer’s Report

 

Trudi Ryan, Planning officer, reported that on April 6, the City Council considered an application on 940 W. Weddell Drive for a 42 housing units accommodating additional 3-bedroom units.  The City Council approved the 42 affordable housing units.

 

Further, she reported that City Council also considered an appeal on the decision of the Planning Commission minimizing the proposed floor area ratio remodeling on 1090 Essex Drive to 56% FAR.  The City Council denied the appeal and upheld the decision of the Planning Commission and recommended that the applicant work with staff.  Ms. Ryan reported that the applicant met with staff and was able to meet the Planning Commission and City Council expectations.

 

Ms. Ryan thanked the Planning Commission for the community outreach meeting held on April 7 on the redevelopment of the town center.  She reported that there were approximately 120 people who attended the meeting.  She apologized for the sound system and noted that for the next meeting on Thursday, 4/29, the sound system would be tested.  She also reported that staff received constructive messages and recommendation to concentrate on the actual development proposal so the public could see the design concept.

 

She noted that there are some code enforcement activities happening on gas stations selling groceries.  Mini markets are not permitted in Sunnyvale which was passed in 1980.  She reported that staff is preparing a study issue on this service and that Economic Development Division is conducting a forum with gas station owners to discuss this issue.

 

Lastly, she invited the Planning Commission and the public to visit the progress of the downtown plaza development. She reported that there has been vertical element constructed.

 

Planning Commission

 

Chair Babcock announced that the next community outreach meeting on the towncenter redevelopment is on Thursday, April 29.  She noted that the meeting is not a repeat of the April 7, meeting but rather it would be more in-depth and detailed presentation by applicant.

 

Further, she announced that on Saturday, April 17 at 9:30AM is the Historical Heritage Walk would be held at the Community Center.  The fundraising walk would be around the orchard.  She invited the public to join in this worthy cause.

 

Staff Communications

 

None

 

Adjournment

 

With no further business, the Commission meeting adjourned at 9:45 PM.

 

Submitted by:

 

Trudi Ryan

Planning Officer