APPROVED MINUTES

SUNNYVALE CITY COUNCIL 

TUESDAY, SEPTEMBER 26, 2006

 

 

Pursuant to Government Code Section 54953, Subdivision (b), the following Closed Sessions of the City of Sunnyvale and the City of Sunnyvale Redevelopment Agency included teleconference participation by Agency/Councilmember Anthony Spitaleri from the Princess Dawn, Room #342.  Agency Member/Councilmember Spitaleri attended the Closed Sessions only and was excused for the City Council Meeting.  This Notice and the Agenda were posted at the teleconference location; public comment from such address was allowed.

 

The City Council of the City of Sunnyvale adjourned from a 6:00 p.m. Closed Session pertaining to: Conference with Labor Negotiators pursuant to Government Code 54987.6. Negotiator: Erwin Young, Director of Human Resources; Employee Organization: Public Safety Officers Association (PSOA).  The Redevelopment Agency of the City of Sunnyvale adjourned from a 6:30 p.m. Closed Session pertaining to: Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth Quarter Properties.  City Council met in Regular Session at 7:00 p.m. in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California with Mayor Swegles presiding.

 

SALUTE TO THE FLAG

 

Mayor Swegles led the Salute to the Flag

 

ROLL CALL

 

PRESENT:

Mayor Ron Swegles

Vice Mayor Otto Lee

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Christopher Moylan

 

ABSENT:

Councilmember Melinda Hamilton (Excused)

Councilmember Anthony Spitaleri - (Excused for Council Meeting)

 

STAFF PRESENT:

Amy Chan, City Manager

David Kahn, City Attorney

Robert Walker, Assistant City Manager

Robert Paternoster, Director of Community Development

Trudi Ryan, Planning Officer

David Lewis, Director Parks and Recreation

Marvin Rose, Director Public Works

Katherine Bradshaw Chappelear, City Clerk

 

CLOSED SESSION REPORTS

Vice Mayor Lee reported that the City Council met in Closed Session earlier this evening regarding: Conference with Labor Negotiators pursuant to Government Code 54987.6. Negotiator: Erwin Young, Director of Human Resources; Employee Organization: Public Safety Officers Association (PSOA).

 

Vice Mayor Lee reported direction was given, but no action taken and stated that all Councilmembers were present including Councilmember Hamilton and Councilmember Spitaleri participated by teleconference.

 

Agency Vice Chair Lee reported that the Redevelopment Agency met in Closed Session earlier this evening on September 26, 2006 regarding:  Confer with Legal Counsel – Anticipated Litigation – Pursuant to Government Code Section 54956.9(c); Initiation of Litigation: 1 potential case – Fourth Quarter Properties.

 

Agency Vice Chair Lee reported direction was given, but no action taken and that all Agency Members were present including Agency Member Hamilton and Agency Member Spitaleri participated by teleconference.

 

PUBLIC ANNOUNCEMENTS

 

Marty Rawson, Sunnyvale Historical Society and Museum Association, announced ground-breaking ceremonies for the new Heritage Museum will be held on Saturday, September 30, 2006 at 11:00 a.m. 

 

Fred Fowler, Sunnyvale Rotary Club, announced that the Ramada Inn will host Astronaut Dan Burch on Tuesday, October 3, 2006 at 12:00 p.m.  The community is welcome to attend and lunch will cost $15.00 per person.  Further information may be obtained by calling (408) 737-1075 or Mr. Fowler at (408) 720-9456.

 

Vice Mayor Lee announced that the 2006 Fall Board and Commission Recruitment is now open for specific vacancies.  Applications will be accepted until 5:00 p.m. on Friday, November 3, 2006.  Further information may be found at boardsandcommissions.inSunnyvale.com or by calling the Office of the City Clerk at (408) 730-7595.

 

Mayor Swegles announced that October is National Arts and Humanities Month and that he signed a proclamation declaring October 2006 as National Arts and Humanities Month in the City of Sunnyvale. 

 

Mayor Swegles announced that the County of Santa Clara recently presented a proclamation to the City of Sunnyvale Community Center declaring its facilities to be a positive community role model for the County’s Green Business Program. 

 

COUNCIL DISCLOSURES

 

None

 

CONSENT CALENDAR

 

Councilmember Howe removed Item 1.A from the Consent Calendar.

 

Mayor Swegles opened the Public Hearing.  No one wished to speak and Mayor Swegles closed the Public Hearing.

 

MOTION: Vice Mayor Lee moved and Councilmember Howe seconded to approve the Consent Calendar 1. B. through 1. G. (with the exception of Item 1.A.).

 

VOTE: 5-0 (Councilmembers Hamilton and Spitaleri absent)

 

1. A.

Approval of draft Minutes of Regular Meeting of September 19, 2006

 

 

Councilmember Howe stated he was not in attendance at this meeting and pulled this item in order to abstain from voting.

 

MOTION: Vice Mayor Lee moved and Councilmember Moylan seconded to approve Item 1.A.

 

VOTE: 4-0 (Councilmember Howe abstained, Councilmembers Hamilton and Spitaleri absent)

 

1. B.

Approval of Information/Action Items - Council Directions to Staff

 

 

 

Fiscal Items

 

1. C.

RTC 06-300

List of Claims and Bills Approved for Payment by the City Manager - List No. 317

 

 

Staff Recommendation: Council reviews the attached list of bills.

 

Contracts

 

1. D.

RTC 06-301

 

Award of Two Contracts Relating to the Development of the Department of Public Safety's Emergency Medical Services Program (F0608-19)

 

 

Staff Recommendation: Council awards contracts to Todd LeGassick and Dr. Baxter Larmon, in substantially the same form as the attached drafts and in an amount not to exceed $65,000 for work performed collaboratively under both contracts, to assist Department of Public Safety staff in the development of the Emergency Medical Services Program.

 

Other Items

 

1. E.

RTC 06-294

 

City’s 2006 Conflict of Interest Code Biennial Notice

 

 

Staff Recommendation: Council (as the City’s code reviewing body) reviews and files the Conflict of Interest Code Biennial Notice.

 

1. F.

RESOLUTION

RTC 06-291

Approval of Resolution Identifying the Bay Area Water Supply and Conservation Agency (BAWSCA) as the Official Representative of the City of Sunnyvale in Negotiations with the San Francisco Public Utility Commission (SFPUC)

 

 

Staff Recommendation: Council approves the attached Resolution appointing BAWSCA to represent the City of Sunnyvale in negotiations with the San Francisco Public Utilities Commission (SFPUC) for a new water purchase contract.

 

1. G.

RTC 06-298

Approval of Final Map (Tract No. 9491) – 5 Townhomes at 461 and 471 South Murphy Avenue

 

 

Staff Recommendation: Council approves the final map for Tract No. 9491 and directs staff to forward the final map for recordation upon developer’s execution of the subdivision agreement, submittal of improvement securities, payment of development fees and other documents deemed necessary by the Director of Public Works.

 

 

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

 

Amy Chan, City Manager, responded to prior comments made by Matthew Leeper on September 12, 2006 regarding an injury involving a five-year old girl crossing the street at Evelyn Avenue.  Mr. Leeper stated he believed the injury was caused by poor lighting at this intersection.  City Manager Chan stated that lighting was not cited as a factor in the accident and that the intersection lighting conforms to the California Department of Transportation standards and is supplemented by additional lighting in the immediate vicinity.

 

PUBLIC COMMENTS

 

None

 

PUBLIC HEARINGS/GENERAL BUSINESS

 

2.

RTC 06-304

 

 

 

Appeal of a decision of the Planning Commission for an application for a Variance from Sunnyvale Municipal Code Section 19.34.040 to allow a six-foot setback where nine feet is required on a 6,211 square foot site located at 734 Ashbourne Drive (near E. Fremont Ave) in an R-0 (Low Density Residential) Zoning District –

(Continued from August 22, 2006)

 

 

Trudi Ryan, Planning Officer, presented the staff report.

 

Mayor Swegles opened the Public Hearing at 7:44 p.m.

 

Lorraine Guerrera Maciejowski, appellant, requested an amendment to the July 18, 2006 minutes due to misleading statements from David Kahn, City Attorney (page 10, fourth and last paragraph).  Ms. Maciejowski asked that the minutes reflect that the first opportunity she had to discuss this issue was at the administrative hearing on March 2, 2006.  She asked to have the minutes reflect that her Variance was denied without discussion and that she was told to appeal this decision to the City Council.

 

Ms. Maciejowski spoke against the alternatives proposed by staff and supported her request for a Variance.  She stated she can not afford the cost of the alternatives proposed by City staff.

 

Councilmember Moylan stated that in order to grant a Variance, three different findings must be made.  Councilmember Moylan stated he wanted to ask Ms. Maciejowski about finding number three, which is if the zoning regulations were deemed not to have to apply to her project, it would not grant her a special privilege that none of her neighbors have.  He stated, that in none of the material did he find any argument about why that is not the case.  He asked Ms. Maciejowski, “why is it that if you got this variance, it would not be granting your property a special privilege that all the other neighbors do not have?” Ms. Maciejowski stated they are not asking for special privileges, rather accommodations to build an accessible unit that is more cost effective.

 

Councilmember Moylan stated that it appeared that the estimate from the contractor for the appellant had a more detailed bid than the staff report.  Ms. Maciejowski stated her contractor had architectural drawings available for a more detailed analysis; however, the staff report included construction costs based on a rough design and did not include demolition costs.  Councilmember Moylan verified that there was not enough detail in the staff alternatives for Ms. Maciejowski’s contractor to bid the alternatives.

 

Mieczyslaw Maciejowski, appellant, requested Council approve their request for a Variance.

 

Vice Mayor Lee verified with Planning Officer Ryan, that staff did not include an analysis/estimate for the patio demolition costs in their estimate.  Officer Ryan stated that the patio demolition was the only cost staff did not include and that the staff’s estimate did include demolition costs. 

 

Robert Paternoster, Director of Community Development, stated staff developed two alternatives that in staff’s opinion met all the needs of the appellant (and would not require a Variance).  He stated there could also be several other alternatives available that would not require a Variance.

 

David Kahn, City Attorney, commented that the statement in the minutes of July 18, 2006 is accurate and reflects the initial application to the Planning Commission.  He stated that subsequently the appellant did raise American Disabilities Act (ADA) issues.

 

Mayor Swegles closed the Public Hearing at 7:57 p.m.

 

MOTION:  Vice Mayor Lee moved to approve Alternative No. 2:  Grant the appeal and approve the Variance with attached conditions.  The motion died for lack of a second.

 

MOTION: Councilmember Moylan moved and Councilmember Chu seconded to approve Alternative No. 1: Council denies the appeal and upholds the decision of the Planning Commission to deny the Variance.

 

Vice Mayor Lee stated the staff alternatives would cost approximately 30% more, which would create an undue hardship; therefore, he will not support the motion.

 

VOTE: 4-1 (Vice Mayor Lee dissenting, Councilmembers Hamilton and Spitaleri absent)

 

Councilmembers Howe and Chu indicated they will sponsor a study issue to explore reasonable accommodation provisions in the Zoning Code related to individuals with special needs.

 

3.

RTC 06-302

Revision of Hollenbeck School Sports Field Master Plan to Accommodate New Challenger School Student Drop-off Driveway

 

 

David Lewis, Director of Parks and Recreation, presented the staff report.

 

Councilmember Howe asked how the Challenger School meeting on August 24, 2006 was noticed to the neighborhood and asked if staff attended that meeting.  Director Lewis stated Challenger School posted notices and/or distributed flyers, and that Parks and Recreation and Public Works staff were in attendance at the meeting.

 

Councilmember Howe asked if Director Lewis received feedback about the meeting from the Parks and Recreation Department staff that was not included in the staff report.  Director Lewis stated staff did observe that there was significant concern over the lack of public noticing before the project began, which was not noted in the staff report.  He stated the meeting did result in discussion about the various traffic issues, good dialogue was shared and input taken, and an agreement was made to facilitate work group meetings with neighborhood representatives.

 

Councilmember Howe asked if staff is in the process of reviewing what would be approved with the school district in the future versus what was approved in the past.  Marvin Rose, Director of Public Works, stated staff has worked with the school district, in a cooperative effort, to review their proposed plan, but the City has limited authority to do anything about the plan.  He stated it appears the current plan is better than the existing one, but it is not the City’s plan.  Staff looked at what the school was proposing within the context of how it would address the on-street issues.

 

Councilmember Howe asked how the plan went from not needing City Council approval to the City now needing to approve the plan.  Director Lewis stated the agreement the City has with the school district regarding open space (which this plan involves), requires both parties to agree on the use. 

 

City Manager Chan stated there are two separate issues in terms of City involvement with this project.  One issue is to consider changes to the Open Space Master Plan.  The other issue is the curb cut permit (the review for this routine permit is at staff level), which is not part of the agenda tonight. She stated the construction and design of Challenger School is not under the purview of the City Council. 

 

Director Rose explained that a curb cut permit is required to construct a driveway.  Traffic staff was not aware of the land use issue when they issued the curb cut permit to Challenger School. 

 

Councilmember Howe stated it was odd to have an open space issue come before Council when the project has already begun; thereby creating community concern.  He asked that staff work with the school district in the future to make sure that the issue comes before Council (if needed) and community issues are raised before the project starts.

 

Councilmember Moylan verified that the modified Master Plan that the Parks and Recreation Commission recommended is different from what was approved by the Sunnyvale School District and recommended by staff.

 

Councilmember Moylan asked why the school needs two lanes and Director Lewis stated that was to avoid a “choke point” (where two lanes flow into one).

 

Councilmember Chu verified that the curb cut designed by the school is two-lanes wide to expedite traffic flow and also that the school’s plan will have a mandatory right turn out of the lot.  

 

City Manager Chan reiterated that staff looked at the plan only as a courtesy and that traffic pattern questions should be addressed to the Challenger School representatives.

 

Mayor Swegles opened the Public Hearing at 8:32 p.m.

 

Robert Harms, Parks and Recreation Commission, stated the commission voted 3 to 2 to recommend approval of the revised Master Plan for Hollenbeck School sports field with the condition that the driveway on the west side of the school building be limited to one lane to minimize the loss of open space.  The driveway could then open to two lanes after it turns on the south side of the school building and traverses the existing hard-play surface.  Councilmember Chu verified two commissioners were opposed to any type of curb cut.

 

Clay Stringham, Challenger School, apologized for not notifying the neighbors in advance about the project. He stated there is a major traffic issue on Hollenbeck and the school has looked at this situation over a number of years.  Although not required, Challenger School is attempting to correct this situation.  Mr. Stringham stated a neighborhood meeting was held with approximately 105 attendees and notices were sent to neighbors within a 300-foot radius of the school.  The proposed two-lane, one-way, driveway loop they are proposing will accommodate approximately 62 cars, which they anticipate will allow for a faster drop off of students and significantly reduce the cars backing up on Hollenbeck.  He stated the school is paying for the entire cost of this improvement.

 

Councilmember Howe verified that Challenger School developed the plan based on their experience elsewhere, but it was designed by Debolt Civil Engineering.  Councilmember Howe verified the Civil Engineer had a traffic background and had designed two other similar traffic loops similar to one proposed by Challenger School.

  

Councilmember Chu verified 62 cars was the capacity for the two-lane driveway loop and asked if that included cars up to the Torrington entrance or all the way back to Hollenbeck.  Mr. Stringham stated it counts from the point someone would pass through the gate onto the grassy surface area, so it does not include cars on Torrington.  Councilmember Chu asked how citizens will know the area is restricted when the school is not using this access. Mr. Stringham stated there is a gate on both ends and that the curb cut already exists, the school is just proposing widening it.

 

Glen Soby stated concerns over the City Council approving the revised Master Plan for the Hollenbeck Park Sports Field.  He stated this field is the only recreational place the residents have available for use and this proposal would render the field almost useless.  He is in not if favor of approving the plan and would like to allow time to discuss this project with the community and to come to an agreement on a one-lane road.

 

Mayor Swegles asked staff to research when the agreement with the school district would expire regarding the sports field.

 

Mark Schertler requested Council address the entire project from a Hollenbeck traffic flow perspective, including the public safety aspect, and come up with a complete Master Plan. 

 

Stephanie Edelman spoke about the need to involve everyone in the process to make this the best Master Plan for this site.  She cited concerns about increases in student population and suggested busing as an alternative for traffic issues.  She urged Council not to approve this plan until it has been looked at in depth with the community.

 

Ed Fong stated he did traffic studies and found most of the traffic at Hollenbeck and Torrington.  Based on his studies, he stated a single lane would be adequate.

 

Susan Richter requested that Council not approve the Master Plan and asked that Council take time to further review the traffic issues along with impacts on the neighboring streets, such as Vanderbilt Drive.  Councilmember Moylan stated it did not appear traffic would increase on Vanderbilt Drive.  Any driver turning left off Hollenbeck onto Vanderbilt would have to cross traffic without a signal; whereas, they could go up to the nearby signal and make a quicker left turn.

 

Shahnaz Parvaneh stated concerns regarding Vanderbilt Drive and requested that Council not approve the Master Plan.

 

Lisa Sprinkle expressed concerns about traffic issues on neighboring streets to Challenger School.  She requested that Council attempt to save as much of the open space as possible for the community and showed a picture of the driveway work through the middle of the site.  Councilmember Howe verified that if the driveway were scaled back to one lane and moved to one side, the project would have less of an impact to the site.  If the driveway had to remain as two lanes, but were relocated to one side, it would improve the situation.

 

Usha Kreaden congratulated Challenger School for coming up with a plan to alleviate the traffic issues.  She state the traffic studies should be left to the experts to asses whether one or two lanes would help to alleviate the traffic issues.

 

Craig Stauffer stated concerns about traffic on Hollenbeck and disturbing the open space.

 

Margaret Okuzumi stated her concerns about the Challenger School driveway plan and safety issues for children dropped off.  Councilmember Chu verified Ms. Okuzumi was within 300 feet of the school and that she did not receive a meeting notice from Challenger School.

 

Eric Fulda stated he did not receive notification of a meeting and learned about the project when he walked by the site.  He is opposed to the roadway without further traffic studies and would prefer that there not be any driveway.  He suggested looking at alternatives such as carpooling and stated the school has plans to enlarge, which will mean more cars.

 

Richard Kurkowski commended Ed Fong and his traffic studies.  He stated concerns over the exit from the driveway and urged Council to minimize the impact to the open space. 

 

Gerry Glaser urged Council to focus on the land use and the open space, not the traffic problem.  He requested the traffic problem be studied, but not to use it as rational for approving a land use change.

 

Benjamin Picard, Deputy Superintendent Sunnyvale School District, stated on June 22, 2006, the Sunnyvale School District Board of Education approved a lease extension with Challenger School extending through June 30, 2020.  One of the provisions of the lease extension was that Challenger School constructs a new driveway loop on the property to accommodate automobile traffic related to the drop off and pick up of students.  Therefore, they are asking for approval of this amendment to the Master Plan to allow for this project.  He stated the Board of Education did place this item on their agenda (following the June 22 meeting), and after considering the public input, once again affirmed their position to approve the plan as presented.

 

Councilmember Howe asked about growth plans at Challenger School.  Mr. Picard stated the lease does provide that the five existing portable classrooms on the property will be replaced by the District due to their poor condition.  He stated the lease also allows the number of portable classrooms to be increased to nine; however, any increase would be subject to City approval consistent with the facility use permit.  Councilmember Howe verified that if this were a public school, this project would be approved by the State of California.  Councilmember Howe asked about placement of the roadway and Mr. Picard stated the roadway has been rough graded at the current location, because they had to work around a storm drain, a water main, and existing trees.  However, they are willing to reconsider the placement.

 

Councilmember Chu asked about the removal of play equipment and what the plans were for replacing that equipment.  Mr. Picard stated they plan to partner with Challenger School to replace the play equipment with more modern equipment.  Councilmember Chu asked if auto pollutants were considered in the design of this roadway.  Mr. Picard stated he had not taken auto pollutants into consideration.  Councilmember Chu stated children would be getting out on the right side of the car and with this design they would exit into traffic and asked Mr. Picard to comment.  Mr. Picard stated children would unload where the road goes back to one lane exiting onto Hollenbeck (with a right turn only) and that many children ride in the back of the car and are able to get out on either side of the vehicle.

 

Mayor Swegles verified with Mr. Picard that the agreement regarding the sports field with the school district would expire in twenty-five years.  Mayor Swegles asked if the school district took the property back from the City when the agreement expires, would the district still allow the neighbors to use the open space.  Mr. Picard stated it is the school district’s intention to continue a relationship with the City; however, if they took the field back, the district would allow the community to use the open space during non-school hours, but the sports field would not be maintained at the current level.

 

Wendy Bockholt, Sunnyvale School District Board Member, stated her support of Challenger School driveway and their attempts to get cars off Hollenbeck.  She stated the driveway at the site would not be an issue for her children. 

 

Councilmember Howe verified that there was one person speaking at the school board meeting.  He asked what the vote was from the school district board for reaffirming the plan for Challenger.  She stated the issue was up for review and discussion and they all agreed upon the plan and did not re-vote on the issue.  Councilmember Howe verified with Ms. Bockholt that if the school board wished to rescind their action at that meeting, they could have directed staff to bring the issue back for reconsideration.

 

Councilmember Chu asked if the board had any discussion on one-lane versus two-lanes.  Ms. Bockholt stated their meeting was before the Parks and Recreation Commission meeting and that issue had not been brought up to the board.  Councilmember Chu asked if a formal traffic study was completed before the project started. Councilmember Chu stated that Mr. Picard nodded “no” from the audience in response to his question. 

 

Mr. Stringham of Challenger School made his closing arguments.  He stated a formal traffic study was not done, but 99% of the traffic already turns right on Hollenbeck.  He stated parents do sign the rules and regulations for Challenger School.  If parents do not adhere to those rules, their child will be dismissed from the school. Carpooling is encouraged and discussed with parents. The exit would be a right turn only, one car exit (expanded to fifteen-feet). 

 

Councilmember Chu asked if there were a consensus in the neighborhood outreach to have a one or two-lane driveway.  Mr. Stringham stated the opinions varied widely.

 

Councilmember Howe asked Mr. Stringham’s opinion regarding the intersection of Hollenbeck and Torrington and the issue of parents who park on Hollenbeck and attempt to cross the street to drop off their child.  Mr. Stringham stated some parents will continue to park on Hollenbeck: however, he thinks this project will partially alleviate the situation. 

 

Vice Mayor Lee asked if the driveway were approved for one lane, would Challenger School still build the driveway.  Mr. Stringham stated he is not sure since it would not meet the objective of reducing traffic; therefore there would be no reason to do the project.  He stated with the Department of Parks and Recreation approval, there is a possibility to move the lanes closer to the tree line; however, one tree would be removed.  He stated there are additional items that the school staff is discussing with the neighborhood work group, one of which is to educate parents and redirect them to Remington and Mary. 

 

Mayor Swegles asked that cones be used to make sure the exit is only a right-hand turn.  Director Rose stated there are ways in which to make it difficult to make a left-hand turn, such as making the exit sweep to the right.

 

Mayor Swegles closed the Public Hearing at 9:53 p.m.

 

Councilmember Moylan verified with City Attorney Kahn that based on state law, land use items regarding a public school are not within the City Council’s power to change and the reason the City has any leverage on this particular project is due to the agreement that the City and school district have regarding the sports field.  He stated this property is not a park; instead, it is a school field that the City is able to use. 

 

MOTION: Councilmember Chu moved and Vice Mayor Lee seconded to approve staff recommendation Alternative No.1: Council approves a revised Master Plan for Hollenbeck Park Sports Field

with

a one-lane driveway for the entrance coming from Torrington on the west side of the site,  designed as close as possible to the tree line and if necessary remove one tree, and require a right turn-only for exiting traffic.

 

Councilmember Moylan stated that he supports Alternative No. 1 as written and approved by staff and the school board, but without the amendment as listed in the motion.   He stated if the City and the school board do not approve the same thing, then none of the cars will be taken off Hollenbeck.  The proposed driveway would improve the traffic situation at the school.  Councilmember Moylan stated that the balance is between school district’s open space and traffic safety, which is the issue for the City.  However, he is in agreement with moving the driveway as close to the tree line as possible.

 

VOTE: 4-1 (Councilmember Moylan dissented, Councilmembers Hamilton and Spitaleri absent)

 

Mayor Swegles called a recess at 10:10 p.m.

 

4.

ORDINANCE

RTC 06-292

The Ridgecrest Group [Applicant] Omid Shakeri [Owner]: Application for related proposals on a 29,250 square-foot site located at 574 Bobolink Circle in an R-0/S (Low-Density Residential/Single Story) Zoning District

 

 

Mayor Swegles reconvened the meeting at 10:15 p.m.

 

Trudi Ryan, Planning Officer, presented the staff report.

 

Councilmember Howe verified that the four-foot height of the finished floor for this housing would not create an issue with the homes looking into the neighboring yards, since the grade of this property is not any higher than the adjacent properties and they would be single level.  Councilmember Howe verified the single story designation expires in seven years (2009), but if they choose to make it permanent, they can reapply up to eighteen months before it expires. 

 

Councilmember Howe verified that a second story on one home (that exceeded seventeen feet high) would create a serious privacy issue on Bobolink Circle.

 

Councilmember Chu verified that a gas fireplace would be part of these homes, not wood burning.

 

Mayor Swegles opened the Public Hearing at 10:27 p.m.

 

Omid Shakeri, property owner, spoke in favor of this project.  He stated the lot sizes would be about 7,500 square feet and the homes would average 2,000 square feet.

 

Councilmember Howe verified that Mr. Shakeri would not oppose a condition of approval that after the expiration date of the single story overlay, a second story to one of these homes would only be allowed after review by the Planning Commission. 

 

Jim Beavers and Karl Lichtenberger stated their opposition to this proposal.  They stated concerns about increased traffic and noise from the project.

 

Sanis Pavlos spoke about accidents in this neighborhood and traffic issues.  Councilmember Chu verified that the traffic issues/accidents are on Bobolink.

 

Martin Landzaat stated opposition to the project and the houses are too big for the area and out of character.  He stated concerns over the size of the garages and stated the ho