COMMUNITY DEVELOPMENT DEPARTMENT
OFFICE MEMORANDUM
DATE: June 8, 2004
TO: Mayor and Members of the City Council
FROM: Robert Paternoster, Community Development Director
THROUGH: Amy Chan, City Manager
RE: Appeal Report
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 May 24, 2004 at 8:00p.m. with Chair Babcock presiding.
ROLL CALL
Members Present: Chair Laura Babcock, Vice Chair Christopher Moylan, Commissioner Jim Fussell, Commissioner Chuck Hungerford, Commissioner Larry Klein, Commissioner David Simons and Commissioner Brandon Sulser
Staff Present: Trudi Ryan, Planning Officer; Joan Borger, Senior Assistant City Attorney; Fred Bell, Principal Planner; Diana O’Dell, Associate Planner; Christine Cannizzo, Assistant Planner; and, Alice Gamboa-Navas, Administrative Aide-Recording Secretary
SCHEDULED PRESENTATION
None
PUBLIC ANNOUNCEMENTS
Mitchell Diamond, resident, expressed his disappointment with a development that is currently under construction adjacent to his property located at 414 E. Evelyn. He noted issues on privacy, setback and its effect on the value of his property and the neighborhood. He also added his disappointment the city process.
Trudi Ryan, Planning Officer, reported that staff is expecting a landscaping plan that the speaker could review.
CONSENT CALENDAR
Vice Chair Moylan made a motion to approve the minutes of May 10, 2004. Comm. Fussell seconded. Motion carried 6-0-1 with Comm. Hungerford abstaining.
CITIZENS TO BE HEARD
None
PUBLIC HEARINGS/GENERAL BUSINESS
1. 2004-0322 – Suhas Bagwe [Appellant] Bharat and Sangeeta Gupte [Applicant]: Appeal of a decision by the Director of Community Development approving a Miscellaneous Plan Permit to allow a six-foot tall fence in the required reducible front yard. The property is located at 702 Chopin Drive in an R-0 (Low Density Residential) Zoning District. (APN: 211-29-019) EW
ACTION: Comm. Fussell made a motion on Item #2004-0322 to deny the appeal and uphold the decision of the Director of Community Development with modifications: 1) that the fence shall be up to six feet high with a minimum of one-foot lattice at the top totaling a six-foot high fence, and 2) that the concrete strip between the two fences shall be removed. Comm. Klein seconded. Motion carried 7-0.
APPEAL OPTIONS: Not appealable, decision is final.
2. 2002-0612 – City of Sunnyvale: To amend Sunnyvale Municipal Code sections 19.28.050 and 19.28.100(c) and amend the Downtown Specific Plan to allow Low-Medium Density Residential (up to 14 du/acre) for specified properties on the 300 block of E. Washington and E. McKinley Avenues where Medium Density Residential is currently permitted. (Program Environmental Impact Report was certified on 06/17/03) DO (Also to City Council on 06/15/04)
ACTION: Vice Chair Moylan made a motion on Item #2002-0612 to recommend to City Council not to amend the Specific Plan or zoning code. Comm. Fussell seconded. Motion carried 7-0.
APPEAL OPTIONS: Not appealable, item to be considered by City Council on 06/15/04.
3. 2004-0300 – Mark Anderson [Applicant]: Application for related proposals on an 8,320 square-foot site located at 529 South Murphy Avenue in an R-2 (Low Medium Density Residential) Zoning District. (Negative Declaration) (APN: 209-39-004) CC (Also to City Council on 06/15/04)
Rezone from R-2/O (Low Medium Density Residential/Office) to R-2/O/PD (Low Medium Density Residential/Office/Planned Development) Zoning District;
Special Development Permit to allow the remodel of an existing 2,185 square-foot two-story house and the construction of a new 2,014 square-foot two-story house and,
Tentative Map to subdivide one lot into two lots.
ACTION: Comm. Hungerford made a motion on Item #2004-0300 to continue it to June 28, 2004 for a redesign. Chair Babcock seconded. Motion carried 4-2 with Vice Chair Moylan and Comm. Sulser dissenting with Comm. Klein recusing himself as he owns property within 500 feet.
APPEAL OPTIONS: Not appealable, item is continued to 06/28/04.
4. 2004-0282 – Application for related proposals on a 5,962 square-foot site located at 687 Conway Road in an R-2 (Low Medium Density Residential) Zoning District. (APN: 202-06-022) SL (Continued from 05/10/04)
Variance from SMC (Sunnyvale Municipal Code) section 19.34.030 to allow a 10-foot total side-yard setback where 12 feet is required for the first story and 16 feet total side-yard setback where 18 feet is required for the second story, and
Design Review to allow a 3,046 square-foot home resulting in a 51% FAR (Floor Area Ratio) where 45% FAR can be considered without Planning Commission Review.
ACTION: Vice Chair Moylan made a motion on Item #2004-0282 to approve the Design Review subject to Conditions of Approval and deny the Variance. Comm. Fussell seconded. Motion carried 7-0.
APPEAL OPTIONS: May be appealed to the City Council by 06/08/04.
5. 2004-0291 – Application for a Design Review on a 6,000 square-foot site to allow a one-story addition to an existing two-story house for a total of 3,133 square feet resulting in a 52% FAR (Floor Area Ratio) where 45% can be considered without Planning Commission Review. The property is located at 1087 West Washington Avenue in an R-0 (Low Density Residential) Zoning District. (APN: 161-36-032) RK
ACTION: Comm. Fussell made a motion on Item #2004-0291 to approve the Design Review subject to the Conditions of Approval. Comm. Klein seconded. Motion carried 7-0.
APPEAL OPTIONS: May appealed to the City Council by 06/08/04.
6. 2004-0301 – Application for a Design Review on a 7,080 square-foot site to allow a one-story addition to an existing two-story house for a total of 3,364 square feet resulting in 47% FAR (Floor Area Ratio) where 45% can be considered without Planning Commission Review. The property is located at 1775 Lark Lane in an R-0 (Low Density Residential) Zoning District. (APN: 316-27-063) KD
ACTION: Vice Chair Moylan made a motion on Item #2004-0301 to approve the Design Review subject to Conditions of Approval. Comm. Simons seconded. Motion carried 7-0.
APPEAL OPTIONS: May be appealed to the City Council by 06/08/04.
7. 2004-0310 – Application for a Design Review on a 6,004 square-foot site to allow a 190 square-foot one-story addition to an existing two-story house for a total of 3,543 square feet resulting in a 58% FAR (Floor Area Ratio) where 45% can be considered without Planning Commission Review. The property is located at 913 Eton Way in an R-0 (Low Density Residential) Zoning District. (APN: 313-26-042) KD
ACTION: Comm. Klein made a motion on Item #2004-0310 to approve the Design Review subject to Conditions of Approval. Comm. Simons seconded. Motion carried 7-0.
APPEAL OPTIONS: May be appealed to the City Council by 06/08/04.
8. Proposed Announcements for City Council Hearing.
None
NON-AGENDA ITEMS AND COMMENTS
COMMISSIONERS ORAL COMMENTS
Comm. Simons announced the Dinner at the Dump, a Fundraising Event, on June 19, 2004 to be held at the Specialty Solid Waste & Recycling at 5PM. For further information, visit:
www.leadershipsunnyvale.org
STAFF ORAL COMMENTS
City Council Meeting Report
Ms. Ryan reminded the public that on Tuesday, May 25, the City Council will hold an all day workshop about the budget. The workshop will be televised on KSUN, Channel 18.
She reported that on June 2, KSUN, Channel 18 will move to Channel 15 as selected by the Cable Company and the Sunnyvale Public Access Channel will move from Channel 60 to Channel 26.
She further reported that on May 11, the City Council considered the Moffett Park Specific Plan Zoning and approved in accordance with the Planning Commission recommendation.
She also reported that a review and update on Parking Demand Studies in the Downtown area was provided to the City Council and a copy of which will be provided to the Planning Commission.
Other Staff Oral Report
None
INFORMATION ONLY ITEMS
None
ADJOURNMENT
With no further business, the Commission meeting was adjourned at 10:08PM.
Respectfully submitted,
Trudi Ryan
Planning Officer
ADMINISTRATIVE HEARING
ACTION SUMMARY
Wednesday, May 26, 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. 2004-0317 – Bob Whitsel [Applicant]: Application for a Use Permit on a 10,625 square foot site to allow a nine-foot fence in the rear yard. The project is located at 963 Bryant Way in an R-1 (Low Density Residential) Zoning District. (APN: 313-02-024) KD
ACTION: Approved with Modifications
APPEAL OPTIONS: May be appealed to the Planning Commission by Thursday, June 10, 2004.
2. 2004-0321 – Cingular Wireless [Applicant] Resurrection Catholic Parish [Owner]: Application for a Use Permit on a 7.4-acre site to allow the co-location of three antennas within a replacement cross on top of an existing church with ancillary ground equipment. The property is located at 725 Cascade Drive in a PF (Public Facility) Zoning District. (APN: 323-06-005) RK
ACTION: Approved
APPEAL OPTIONS: May be appealed to the Planning Commission by Thursday, June 10, 2004.