COMMUNITY DEVELOPMENT DEPARTMENT

OFFICE MEMORANDUM

 

DATE: August 10, 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
7-26-04

ADMINISTRATIVE HEARING 7-28-04 

 

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.  

  

 

  

DRAFT MINUTES

SUNNYVALE planning commission

 

The Planning Commission met in regular session in the Council Chambers, City of Sunnyvale, 456 W. Olive Avenue, Sunnyvale, CA on July 26, 2004 at 8:00p.m. with Chair Moylan presiding.

 

ROLL CALL

 

Members Present: Chair Chris Moylan; Commissioner Laura Babcock; Commissioner Jim Fussell, Commissioner Larry Klein, Commissioner David Simons and Commissioner Brandon Sulser

 

Members Excused Absent:  Vice Chair Hungerford

 

Staff Present:  Joan Borger, Senior Assistant City Attorney; Fred Bell, Principal Planner; Gerri Caruso, Principal Planner; Steve Lynch, Associate Planner; Ryan Kuchenig, Assistant Planner, and Alice Gamboa-Navas, Administrative Aide-Recording Secretary

 

SCHEDULED PRESENTATION

 

None

 

PUBLIC ANNOUNCEMENTS    

 

None

 

CONSENT CALENDAR

 

Comm. Simons made a motion to approve the minutes of July 12, 2004 with modifications.  Comm. Klein seconded.   Motion carried 6-0 with Vice Chair Hungerford absent.


CITIZENS TO BE HEARD
         

 

None


PUBLIC HEARINGS/GENERAL BUSINESS
 

1.     2004-0447 – Res Capital [Applicant] Richard V Jr. And Kathleen S Bowling Trustee [Owner]: Application for a Use permit to allow a recreational gymnasium and basketball center in an existing industrial building on a 2-acre site.  The project is located at 1355 Geneva Drive on a MPI (Moffett Park Industrial) Zoning District. (Negative Declaration) (APN: 110-33-027) SL

 

ACTION:  Applicant withdrew the application due to a change of business  plan.

 

APPEAL OPTIONS: Not appealable, application withdrawn.

 

2.     2003-0938 – Joe Wagner [Applicant] Sunnyvale School District [Owner]:  Application for a Use Permit on a 7.8-acre site to allow for expansion of the existing Stratford School (grades K-8) from 258 students up to a maximum of 440 students.  The property is located at 819 West Iowa Avenue in a P-F (Public Facility) Zoning District.  (APN: 165-11-007) (Mitigated Negative Declaration) SL

 

Comm. Babcock made a motion on Item #2003-0938 to adopt the Mitigated Negative Declaration and approve the Use Permit subject to Conditions of Approval with modification prohibiting the use of the dock out on Pastoria Avenue for loading and unloading use. Comm. Sulser seconded.  Motion carried 4-2 with Comm. Fussell and Simons dissenting and Vice Chair Hungerford absent.

 

APPEAL OPTIONS: Item is appealable to City Council no later than Tuesday, 08/10/04.

 

3.     2004-0257 – Brad King and Keith Jackson [Applicant] Four Square Gospel International Church [Owner]: Application for related proposals on a 36,337 square-foot site located at 127 North Sunnyvale Avenue in an R-2 (Low Medium Density Residential) Zoning District. (Mitigated Negative Declaration) (APN: 204-49-012) RK

 

·         Rezone from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District,

·         Special Development Permit to allow the development of ten new town homes, and

·         Tentative Map to subdivide one lot into ten lots and one common lot.
  

ACTION: Comm. Babcock made a motion on Item #2004-0257 to recommend to City Council to adopt the Negative Declaration, introduce an Ordinance to Rezone from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development) and approve the Special Development Permit and Tentative Map subject to the Conditions of Approval with modifications: 1) to modify Condition of Approval #13 to state that one Below Market Rate ownership dwelling units shall be provided or to pay an in-lieu fee; 2) to delete Condition of Approval #25, and 3) to add Condition of Approval #31j to state that there shall be landscaping between the project site and adjacent properties to screen from light intrusions.  Comm. Klein seconded. Motion carried 6-0 with Vice Chair Hungerford absent.

 

APPEAL OPTIONS: Not appealable, item to be considered by City Council on 08/10/04.

 

4.    2004-0471 - Velocitel [Applicant] Birchwood Properties, Llc [Owner]: Application for a Use Permit on a 23,914 square-foot site to allow the co-location of six panel antennas on an existing 90-foot monopole and associated ground equipment.  The property is located at 1259 Birchwood Drive on an M-S (Industrial & Service) Zoning District. (Negative Declaration) (APN: 104-29-003) RK

 

ACTION: Comm. Simons made a motion on Item #2004-0471 to adopt the Negative Declaration and approve the Use Permit subject to Conditions of Approval with modifications: 1) to allow non-flush mounted antennas; 2)  to allow any number of antennas as originally requested; 3) to replace or incorporate a  camouflaged design to the existing monopole. Comm. Klein seconded.  Motion carried 6-0 with Vice Chair Hungerford absent.

 

APPEAL OPTIONS:  Item is appealable to City Council no later than Tuesday, 08/10/04.
 

5.     2004-0454 – City of Sunnyvale: Tasman/Fair Oaks Area Pedestrian and Bicycle and Enhancements Plan for the area bounded by SR 237 and US 101 to the north and south, and Morse Avenue and the East Channel to the west and east, and Consideration of Rezone from R-4/PD (High Density Residential/Planned Development) to C-2/PD (Highway Business/Planned Development) for properties located at 1156 North Fair Oaks Avenue (APN: 110-29-040) and 1160 Fair Oaks Avenue (APN: 110-29-038) FB

 

Comm. Simons made a motion on Item #2004-0454 to recommend to City Council to adopt the Negative Declaration, adopt the Tasman/Fair Oaks Area Pedestrian and Bicycle Circulation Plan and to introduce an Ordinance to Rezone two parcels from R-4/PD (High Density Residential/Planned Development) to C-2/PD (Highway Business/Planned Development) with modification to add bicycle lanes on Toyama Drive.  Comm. Fussell seconded.  Motion carried 4-2 with Chair Moylan and Comm. Babcock dissenting and Vice Chair Hungerford absent.

 

APPEAL OPTIONS:  Not appealable, item to be considered by City Council on Tuesday, 08/10/04.

 

6.      Proposed Announcements for City Council Hearing.

 

None

 

NON-AGENDA ITEMS AND COMMENTS

 

·          COMMISSIONERS ORAL COMMENTS

 

Chair Moylan, on behalf of the Commission, presented a token of appreciation for her leadership in the past fiscal year.  She thanked the Commission for the architecture book.

 

·          STAFF ORAL COMMENTS

 

City Council Meeting Report

 

Gerri Caruso, Principal Planner, reported that on 07/13/04, the City Council considered the Forum Group Development application to intensify Block 18 of the Downtown Specific Plan Area. The City Council approved the General Plan Amendment allowing 292 dwelling units and 282,000 square feet of office space.

 

Further, she reported that City Council also considered and approved the Rezone, Special Development Permit and Tentative Map for a site located at 707, 700 S. Mathilda Avenue in accordance with the Planning Commission recommendation.

 

Furthermore, the City Council also considered and approved the Rezone, Special Development Permit and Tentative Map on a project located at 529 S. Murphy Avenue.

 

Ms. Caruso further reported that on 07/20/04, the City Council considered the study issue on the feasibility of using city owned properties for recreational, boats and trailers storage.  The City Council agreed with the Planning Commission that no further action shall be taken on this study.

 

At the same evening, the City Council approved an initiation of a general plan amendment study from low density residential to low-medium density residential on a site located at 926 S. Wolfe Road.

 

Ms. Caruso announced that there will be an Open House on the Downtown Mall Redevelopments Plans on Monday, August 2, 2004 from 1-3 p.m. and also from 7-9 p.m. to be held at the Heritage Center Building formerly known as Arboretum, 550 E. Remington Drive.  She invited the public to visit.

 

Other Staff Oral Report

 

None

 

INFORMATION ONLY ITEMS


None

 

ADJOURNMENT


With no further business, the Commission meeting was adjourned at
10:26PM.
 

Respectfully submitted,
Gerri Caruso

Principal Planner


 

ADMINISTRATIVE HEARING

 

ACTION SUMMARY

Wednesday, July 28, 2004

 

A public hearing was held by the Administrative Hearing Officer 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 applications:

 

1.     2004-0477 – Application for a Use Permit on a 7,920 square-foot site to allow a seven-foot high side yard fence without approval from the adjoining neighbor.  The property is located at 893 Rattan Terrace in an R-0/PD (Low Density Residential/Planned Development) Zoning District. (Hidden Valley Condominiums) (APN: 213-56-022) DO

 

ACTION: Application taken under advisement on Wednesday, July 28, 2004.

Use Permit approved as conditioned on Monday, August 2, 2004. 

APPEAL OPTIONS: May be appealed to the Planning Commission by Tuesday, August 17, 2004.

 

2.     2004-0481 – Application for a Use Permit on a 6,360 square-foot site to allow a front yard fence exceeding seven feet in height, a side and rear yard fences exceeding seven feet and to allow an accessory structure in the front yard area. The property is located at 767 Chopin Drive in an R-0 (Low Density Residential) Zoning District. (APN: 211-26-027) SL

 

ACTION: Approved

APPEAL OPTIONS: May be appealed to the Planning Commission by Thursday, August 12, 2004.

 

3.     2004-0525 - Application for a Variance from Sunnyvale Municipal Code section 19.40.040 (b; 3) to allow a shed that is nine-foot two inch high along Coronach Drive front yard at a setback of four feet where nine feet is required.  The property is located at 1085 Helena Drive in an R-1 (Low-Density Residential) Zoning District. (APN:  320-12-043) GC

 

ACTION: Denied

APPEAL OPTIONS: May be appealed to the Planning Commission by Thursday, August 12, 2004.

 

4.     2004-0528 - Application for a Use Permit on a 7,187 square-foot site to allow a reducible front-yard fence that is greater than seven feet in height.  The property is located at 1124 Spinosa Drive in an R-1 (Low-Density Residential) Zoning District.  (APN: 202-08-034) GC                                                                                                                                             

ACTION: Approved with Modification

APPEAL OPTIONS: May be appealed to the Planning Commission by Thursday, August 12, 2004.