COMMUNITY DEVELOPMENT DEPARTMENT

                                                                                                       OFFICE MEMORANDUM

 

 

DATE:              August 24, 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 8-9-04

                        ADMINISTRATIVE HEARING 8-11-04

 

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 August 9, 2004 at 8:00p.m. with Chair Moylan presiding.

 

ROLL CALL

 

Members Present: Chair Chris Moylan, Vice Chair Chuck Hungerford; Commissioner Laura Babcock; Commissioner Jim Fussell, Commissioner David Simons and Commissioner Brandon Sulser

 

Members Excused Absent:  Comm. Larry Klein

 

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

 

SCHEDULED PRESENTATION

 

None

 

PUBLIC ANNOUNCEMENTS 

 

None

 

CONSENT CALENDAR

 

Comm. Fussell made a motion to approve the minutes of July 26, 2004 with modifications and staff review of the tape for motion confirmation.  Comm. Simons seconded.   Motion carried 5-0-1 with Vice Chair Hungerford abstaining and Comm. Klein absent.

 

CITIZENS TO BE HEARD      

 

None

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

1.     2004-0534 – John Tze [Applicant] Fal Investments Llc [Owner]: Application for related proposals on a 4.9-acre site located at 776 E El Camino Real in a C-2 (Highway Business) Zoning District. (Negative Declaration) (211-25-001) RK (Applicant requests a continuance to 08/23/04)

 

·         Rezone from C-2 (Highway Business) Zoning District to C-2/ECR (Highway Business/El Camino Real Precise Plan) Zoning District,

·         Special Development Permit to construct a new 61,000 square-foot shopping center, and

·         Parcel Map to subdivide one lot into for four lots.

 

ACTION:  Vice Chair Hungerford made a motion on Item #2004-0534 to continue the project to 08/23/04.  Comm. Babcock seconded.  Motion carried 6-0 with Comm. Klein absent.

 

APPEAL OPTIONS: Item not appealable, continued to Planning Commission meeting of 08/23/04.

 

2.     2004-0576 - Fourth Quarter Properties (Partnership Common Names: Forum Development Group, Lehman Brothers and Standard Pacific Homes [Applicant] Target Corporation, WL Partnership, Sun Town Center Properties Corp. (Macy's),  Sunnyvale LLC (Mall), and Sunnyvale Redevelopment Agency [Property Owners]: Application for a Special Development Permit to allow the redevelopment and construction of a mixed-use development that includes up to 274,000 square feet of office, 292 housing units, and 1,000,000 square feet of commercial space, including a 16-screen cinema, on an approximate 36 acre site (including the closed Town Center Mall) of Block 18 of the Downtown Specific Plan located at 2502 Town Center Lane in a DSP Block 18 (Downtown Specific Plan Mixed Use) Zoning District.  (Mitigated Negative Declaration) (APNs: 209-34-009, 209-34-010, 209-34-016, 209-34-017, 209-34-018, 209-35-001, 209-35-005, 209-35-010, 209-35-011, 209-35-012 and 209-35-007)

 

Vice Chair Hungerford recused himself due to financial conflict with the applicant.

 

Comm. Babcock made a Motion on Item #2004-0576 to adopt the Mitigated Negative Declaration and approve the Special Development Permit with modifications:

1)          Condition of Approval #G9 b – shall state that 292 residential units, all of which will be offered for sale.

2)          Condition of Approval #G9 c 2 – additional medical office may be permitted up to 30% with a Miscellaneous Plan Permit.

3)          Condition of Approval A6 3 – to include that all of the Murphy extension will return to Planning Commission.  This would allow the Commission to look at the street as a whole and not one building at a time.

4)          Add Condition of Approval A6 6 to add pedestrian access from all levels directly onto Washington Street from the Washington parking structure.  The second and third floors could be designed as outside staircase.  This design and directional signs shall be returned to Planning Commission for review.

5)          Condition of Approval A7 2 – to add “architectural details” to state provide elevation and add architectural details of exterior finish, awnings and windows types. This would allow a full context review rather than one at a time.

6)          Add Condition of Approval A10 to create a gateway feature at Washington and Murphy designating the Historic Murphy to connect with the new section of Murphy.

7)          Add Condition of Approval A11 - to upgrade the decorative historic elements and features on the Historic Murphy Avenue section to have continuity from old and new.

8)          Condition of Approval S1 1 - that parallel parking to be on the north side and angle parking on the south side of McKinley Avenue and parallel parking only on Murphy Avenue.  

9)          Condition of Approval A9 9 shall be deleted as recommended by staff.

10)      That all of Murphy Avenue architectural details shall return to the Planning Commission for review.

11)      Condition of Approval #EM5 – to cap at the $75,924 traffic impact fees.

12)      Condition of Approval G8 shall be deleted.

13)      Add Condition of Approval to have gateway features at McKinley and Mathilda.

14)      Condition of Approval S7 that the streetscape is in accordance with the VTA Pedestrian Guidelines and the Downtown Standard Streetscape Specification of the City of Sunnyvale.

15)      The handicap parking in the existing parking structure shall not have major elevation changes.

16)      Condition of Approval G9 e – to move to Redwood Square review and to return to Planning Commission for consideration.

17)      Condition of Approval #G13 – will be reworded to accommodate merchants needs as recommended by staff.

18)      Condition of Approval #G19 d – when the bond is accepted for the art work to allow building occupancy to be incorporated during the development phasing if this condition is in accordance with the Sunnyvale Municipal Code.  Comm. Simons seconded.  Motion carried 5-0 with Comm. Klein absent and Vice Chair Hungerford recused himself.

 

APPEAL OPTIONS: Not appealable, item to be considered by City Council on 08/09/04.

 

Vice Chair Hungerford joined the Commission after the recess.

 

3.    2004-0505 – Classic Communities [Applicant] Sunnyvale Nursery Incorporated [Owner]: Application for related proposals on a 2.05-acre site (Sunnyvale Nursery) located at 1485 Sunnyvale-Saratoga Road in an R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District.  (Mitigated Negative Declaration) (APNs: 323-30-055; 323-30-070; 323-30-072 and 323-30-073) DO

  • Special Development Permit to allow the construction of 25 single-family homes, and
  • Tentative Map to subdivide four lots into 25 lots and one common lot.

 

ACTION:  Comm. Fussell made a motion on Item #2004-0505 to adopt the Mitigated Negative Declaration and approve the Special Development Permit and Tentative Map subject to the Conditions of Approval with modifications: 1) Tentative Map Condition of Approval #6 c to state that developer shall maintain utilities that they normally are responsible for and 2) Condition of Approval #21g with “the developer shall work with staff for the selection of screening trees and to be planted as soon as possible during the construction process. Comm. Babcock seconded.  Motion carried 6-0 with Comm. Klein absent.

 

APPEAL OPTIONS:  Appealable to the City Council no later than Tuesday, August 24, 2004.

 

4.     Proposed Announcements for City Council Hearing.

 

NON-AGENDA ITEMS AND COMMENTS

 

  • COMMISSIONERS ORAL COMMENTS

Comm. Simons announced the Comm. Babcock was interviewed by Comcast.

 

Comm. Babcock noted that Comcast has local edition that features the entire Bay Area. Currently they are featuring the construction of the Heritage Museum and the Martin Murphy story. The feature started this week and is going to be running sporadically for the next month.

 

  • STAFF ORAL COMMENTS

City Council Meeting Report

 

Ms. Ryan reported that on 07/27, the City Council considered the Construction Hours by Homeowners Study Issue.  The City Council approved with modifications to construction hours: Unlimited time for single family interior work; Monday to Friday – 7AM to 7PM; Saturdays - 8AM to 7PM and Sundays – 9AM to 6PM.

 

Ms. Ryan asked the Commission to possibly hold a Special Meeting on August 30 to consider four appeal items that have been filed. She added that holding this special meeting would reduce the number of items to be considered on September 13, 2004 which tentatively has nine items for consideration. The Commissioners will advise staff of their availability.

 

Other Staff Oral Report

 

Trudi Ryan urged the Commission to turn-in their surveys for those who have not done so.  She noted the importance of this survey to assist staff on how to better serve or improve commission support.

 

INFORMATION ONLY ITEMS

 

Chair Moylan announced that Sunnyvale Community Players Group is presenting “Jesus Christ Superstar” of which he is playing a part. The Play opens on September 10, closes on October 3rd.  He has flyers available regarding the play.

 

ADJOURNMENT

With no further business, the Commission meeting was adjourned at 11:15PM.

 

Respectfully submitted,

 

Trudi Ryan

Planning Officer

 

 

  

ADMINISTRATIVE HEARING
ACTION SUMMARY

Wednesday, August 11, 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.     2004-0561 - Application for a Use Permit on an 11,129 square foot site to allow a fence over seven feet in height within the front yard.  The property is located at 620 Carlisle Way in an R-0 (Low Density Residential) Zoning District. (309-17-005) RK

 

ACTION: Approved

APPEAL OPTIONS: May be appealed to the Planning Commission by Thursday, August 26, 2004.

 

2.     2004-0566 - Application for a Variance from Sunnyvale Municipal Code section 19.34.030 to allow a combined side-yard setback of nine feet and ten inches where twelve feet is required.  The property is located at 924 Mockingbird Lane in an R-0 (Low Density Residential) Zoning District.  (APN: 198-42-003) JMC

 

ACTION: Denied

APPEAL OPTIONS: May be appealed to the Planning Commission by Thursday, August 26, 2004.

 

3.     2004-0589 - Lockheed Martin Space Systems [Applicant/Owner] Application for a Variance from Sunnyvale Municipal Code section 19.32.030 for a 117 foot high roof penthouse where 100 feet maximum is allowed.  The property is located at 1111 Lockheed Martin Way in an MPI (Moffett Park Specific Plan/General Industrial) Zoning District. (APN: 110-44-007) GC

 

ACTION: Approved

APPEAL OPTIONS: May be appealed to the Planning Commission by Thursday, August 26, 2004.