APPROVED MINUTES

SUNNYVALE CITY COUNCIL MEETING

TUESDAY, JULY 31, 2007

(Video tape of Council Meeting did not record meeting until within the public comments section)

5 P.M. SPECIAL COUNCIL MEETING (Study Session) - Update of the Downtown Wayfinding Program

5:45 P.M. SPECIAL COUNCIL MEETING (Study Session) - Review of Town Center Architectural Plan

7 P.M. REGULAR MEETING

SALUTE TO THE FLAG

Mayor Lee led the salute to the flag.

ROLL CALL

PUBLIC ANNOUNCEMENTS

(Video Tape began during comments being made by Principal Planner Trudi Ryan)

CONSENT CALENDAR

MOTION: Vice Mayor Spitaleri moved and Councilmember Howe seconded to approve the Consent Calendar with the exception of Item 1.C.

VOTE: 7-0

STAFF RESPONSES TO PRIOR PUBLIC COMMENTS

(Videotape of Council Meeting did not record meeting until within the public comments section)

Discussion ensued around property located at 816 Tamarack Lane. 

Planning Officer Ryan responded to citizen concerns regarding the Planning Department’s actions surrounding 816 Tamarack Lane.

Planning Officer Ryan addressed the concern that an environmental study or traffic analysis was not performed and responded that an environmental review is not required for a single-family residence and that residential care facilities are treated the same way. Planning Officer Ryan added that the California Environmental Quality Act has a provision called a categorical exemption for development of an addition or a brand new single-family home.

Planning Officer Ryan stated there is a concern that the City was not presented with a valid license for the facility. Planning Officer Ryan stated as a point of information three major steps are required for a license to be issued. The first step requires that the provider attend an informational meeting at which time they receive an application. Secondly, once the application materials are submitted and the facility is ready for occupancy, the facility itself is inspected.

Planning Officer Ryan stated the neighbors were concerned about the health conditions of future residents of the property; however, there are a number of laws that would preempt the City from requesting that information. Planning Officer Ryan explained that this facility should be treated similarly as a single-family home. The City does not ask the owner of a single-family home (who applies for a building permit) about the health of the individuals in their home.

Planning Officer Ryan responded to a comment from a citizen regarding the ability of the facility to house more than six residents. Since there was not a proposal to have more than six residents, staff did not conduct an evaluation for such a situation. Planning Officer Ryan reiterated that the owner of the facility has requested licensing for a residential care facility for six or fewer individuals.

Planning Officer Ryan stated she is aware of concerns from the neighborhood that this facility could affect property values; however, that is not something the City can consider when issuing a building permit for a property that complies with all regulations.

Planning Officer Ryan explained that fire code regulations differ for single family homes and residential care facilities. Staff provided information in a letter to the neighbors about the fire codes section that addresses the health and safety for the future residents. The design identifies that each bedroom will have a separate exiting door which will assist in an emergency, as it would be the quickest way to get the residents out of their rooms.

Planning Officer Ryan stated a number of residents were concerned that design review was not conducted on this facility. Planning Officer Ryan explained that the Planning Department does not have the authority on many of these issues. 

Planning Officer Ryan stated additional questions have been received by the Planning Department which are more specific and detailed in nature. Planning Officer Ryan stated she will share staff responses with Council once completed.

Planning Officer Ryan stated the Planning Department and the fire marshal have spoken with the applicant about options to reduce the number of doors within the remodel. Alternate designs were discussed and the applicant stated they will look at the cost and feasibility of changing the design and will return to staff in a few days.

Councilmember Moylan stated it is clear that the owner of a single-family residence who intends to run an assisted-care living facility for six or fewer people is irrelevant to the City of Sunnyvale because the City is legally required to treat it as a single-family residence. Councilmember Moylan inquired as to the exact circumstances under which a design review (even at staff level) is required and where that authority is derived. Planning Officer Ryan stated design review is limited to the exterior of the building. The zoning code has a chapter on design review which states all construction that affects the exterior of the building is subject to design review except single-family residences where there is less than a 20 percent addition on the ground floor. However, all second-story additions are subject to design review.

Councilmember Moylan described a hypothetical circumstance in which a person buys a home, tears it down and builds a new home. The individual would be required to meet design review, which would require compatibility with the other entrances on the street. Councilmember Moylan confirmed with Planning Officer Ryan that after the home is built, should this hypothetical individual subsequently decide to add doors around the perimeter of the house (without changing the square footage) then the City would not have any jurisdiction over that change.

Planning Officer Ryan explained that an ordinance would be required to modify the zoning code. Council would not be able to administratively direct staff to perform design review because the law currently states that no design review is required.

Councilmember Moylan confirmed with Planning Officer Ryan that should Council wish to consider implementing design review as a requirement for this type of situation in the future, Council may want to consider sponsoring a study issue on this issue. 

Councilmember Swegles inquired about the status of the proposed law that would limit the number of facilities of this sort within a neighborhood. Planning Officer Ryan stated she did not have the current status update.

Councilmember Swegles confirmed that a facility may house six individuals receiving care along with residents who provide care. Councilmember Swegles confirmed there is not a limit to the number of additional residents (who are providing care) who may be able to live in the house. Planning Officer Ryan stated that the size of a family is not limited for residents who are considered to be living (in the broad sense) as a family.

Councilmember Swegles inquired about options and Planning Officer Ryan stated every bedroom has a door and that is the highest number of doors proposed to meet fire code provisions. Planning Officer Ryan stated that the applicant is exploring eliminating the exterior doors by providing different doors in the interior; however, those changes would need to be evaluated by the fire prevention staff.

Councilmember Howe inquired as to which neighbors received a letter and whether the letters included the same material as the city attorney presented. Planning Officer Ryan stated she does not have information on which neighbors the letters went to (such as the adjacent neighbors or those not from the neighborhood), rather she has names and e-mail addresses. Planning Officer Ryan stated the letter was prepared with the assistance of the city attorney. 

Councilmember Howe inquired if Council could direct staff on this matter as he would like to request that additional letters be sent out to the neighborhood. City Manager Amy Chan stated Council may direct the city manger or city attorney on administrative matters at any time; however, Council direction on a policy matter requires the item to be agendized, public comments to be received, and for Council to take action afterwards.

Councilmember Howe confirmed that for certain kinds of public hearings, the state recommends that notifications must be sent out to the area that surrounds the site within 300 feet. Planning Officer Ryan stated that there are different kinds of notifications, some notify only the adjacent neighbors, and in some cases notification extends to a 300-foot radius around the subject area (which is considered a reasonable distance). The City will send notifications beyond this distance so as to include the logical ends of a neighborhood block.

Planning Officer Ryan stated when a building permit is issued, there is not a notification requirement unless there is a separate demolition permit, in which case a courtesy notice is sent out to adjacent property owners. Whereas, a public hearing requires that staff send notifications to adjacent property owners for an administrative hearing, and an item presented to the Planning Commission or City Council requires that notifications are sent out to all residents in the surrounding area of the site (300-foot radius of the site).

Councilmember Howe requested City Manager Chan and City Attorney Kahn mail out a number of notices and extend the range out around this area (to 30 to 50 houses in that immediate area).

Councilmember Hamilton stated prior to sending out letters, she would like to hear from members of the audience.

PUBLIC COMMENTS

Luis Gallegelos stated the project has eight doors and a normal single-family home would not be granted a permit for eight exterior doors. Gallegelos stated contrary to what the Planning Department has said, this property does not have an elderly care license and there is no guarantee they will obtain a license. Gallegelos stated concern that should the owners not obtain a license, the area would be left with this facility. Gallegelos addressed issues with fire code and stated the property should be reviewed as a single-family home and as such there is not a requirement to have eight doors.

Susan Hynnes stated she lives next to the facility and is in favor of reducing the number of doors.  Hynnes stated she is concerned to hear that anyone can submit plans to modify a home, but that they do not have to meet the same design standards as a new home. Hynnes stated concern over the City’s Planning Department review and permit processes. Hynnes stated in 2004, the owner put a chain link fence around the front of the property and a wood fence along the back. Several neighbors e-mailed the City and found out the owner did not have permits for the fences. The homeowner was required to remove the chain link fence, but only recently was it noted that the wood fence was also in violation of City code. 

Councilmember Howe confirmed with Hynnes that it is her opinion the wood fence has been in violation since 2004. 

Mayor Lee inquired as to what type of permit is needed for interior remodeling. Planning Officer Ryan stated that design review is not required for interior work on a home, but remodeling may require a building permit. Minor alterations such as changing one sink for another (as long as they remain in the same exact location) would not require a permit.

Councilmember Howe inquired if Planning Officer Ryan remembered if the owner was instructed to remove the wood fence in 2004. Planning Officer Ryan stated she did not remember.

Councilmember Howe stated the City seems to have a problem following through with building permits and code enforcement. Councilmember Howe requested that the city manager return to Council as to what type of performance standards the City has regarding building permits that were issued a number of years ago but have not been completed, and also code violations that are not being reported.

Councilmember Howe requested Council receive information on this property as to whether there was a code violation on the fence; whether there is a file from 2004 on this property; was the owner told to remove the fence, and if so, did staff follow through on the removal. 

City Manager Chan stated staff will return to Council with the requested information in the weekly report to Council.

Brian Keefe spoke against the facility on 816 Tamarack Lane. Keefe stated the Planning Department has failed to protect the integrity of the neighborhood and the permit for this facility is illegal. Keefe stated the Planning Department has never approved 8 doors on a single-family residence. Keefe requested Council investigate what occurred between this property and the Planning Department.  Keefe requested Council revoke the illegal permit.

Paul Hogan, lawyer for the owners of 816 Tamarack, stated the owners wish to work with the neighbors. Hogan stated in response to the fence issue, the owners will remove the fence as part of this project and may request a design review permit for a new fence in order to assist in screening the numerous doors (as a means to address some of the neighbors concerns). Hogan stated there is a possibility that they may be able to eliminate two of the three doors that face Tamarack. Hogan explained that the level of care needed for the residents at this facility is at the low end of caregiver support. Hogan stated the owners would like to meet with the neighbors to address some of their concerns and also to discuss landscaping options.

Mayor Lee requested Hogan explain further as to the type of screening the owners are proposing to assist some neighbor concerns. Hogan stated currently there is a possibility to position a new fence closer to the house with landscaping to assist with screening the doors.

Eleanor Hanson stated she is interested in accessing City Council and Planning Commission meetings from another source than Comcast.  Hanson stated she would like Council to approve audio visual files of the City Council and Planning Commission meeting be put on the internet (in real time through broadband). Hanson stated the community wants to watch the City Council meetings on their own time via the internet, not only when Council meets.  Hanson stated she believes Sunnyvale residents want the Council meetings to be more accessible.

Councilmember Hamilton stated Council is looking at obtaining webcasting from a company called Granicus. Councilmember Hamilton explained that this system will also archive Council meetings by agenda item. Councilmember Hamilton explained the City is upgrading internal systems in order to allow for webcasting and the anticipated implementation date is end of the year or early 2008.

PUBLIC HEARINGS/GENERAL BUSINESS

None

NON-AGENDA ITEMS & COMMENTS

INFORMATION ONLY REPORTS/ITEMS

·         Tentative Council Meeting Agenda Calendar

·         Study Session Summary: Overview of Webcasting Project and its Direction – July 17, 2007

·         Study Session Summary: Updated on the Community Engagement Sub-Element - July 24, 2007

·         Information Report 07-256– Vacancy and Rent Survey

·        Draft Minutes of Parks and Recreation Commission Meeting of July 11, 2007

·         Draft Minutes of the Arts Commission Meeting of July 18, 2007

ADJOURNMENT

Mayor Lee called for a moment of silence in memory of Cesar John Perez Jr. Mayor Lee adjourned the Council meeting at 8:32 p.m.

Gail Borkowski                                                          Date

City Clerk