Zoning Administrator Hearing
Regular MeetingSunnyvale, CA · May 28, 2014
Minutes
City of Sunnyvale
Meeting Minutes
Zoning Administrator Hearing
Wednesday, May 28, 2014 2:00 PM West Conference Room, City Hall, 456 W.
Olive Ave., Sunnyvale, CA 94086
CALL TO ORDER
Mr. Andrew Miner, Zoning Administrator, opened the meeting at 2:00 p.m.
PUBLIC HEARINGS
File #: 2014-7043
Location: 441 S Sunnyvale Avenue and 449 S Sunnyvale Avenue
(APNs: 209-26-029 and 209-26-030)
Zoning: DSP 10
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: to allow the construction
of 4 new homes
TENTATIVE MAP: to subdivide 2 parcels into 4 lots.
Applicant / Owner: Sycamore Homes (applicant) / 349 First Street
LLC (owner)
Reason for Permit: A Special Development Permit is required for the
construction of four new single-family homes and a Tentative Parcel
Map is required to subdivide two lots into four lots.
Project Planner: Elise Lieberman, (408) 730-7443,
elieberman@sunnyvale.ca.gov
In attendance: Jennifer Mastro, Architect; David Wagner, Neighbor; Andrew Miner,
Zoning Administrator; Elise Lieberman, Project Planner; Luis Uribe, Staff Office
Assistant.
Mr. Andrew Miner, Zoning Administrator, on behalf of the Director of Community
Development, explained the format that would be observed during the public
hearing.
Mr. Miner announced the subject application..
Elise Lieberman, Project Planner, presented the item. Lot Coverage for the entire
lot is roughly 34% and FAR is under 60%. The applicant worked with staff to meet
as many requirements as possible while maintaining their original intent for the site.
Changes were made to the conditions of approval; condition GC-10: changed
wording from final map to parcel map, BP-13: changed wording from previously
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Zoning Administrator Hearing Meeting Minutes May 28, 2014
submitted condition, EP-18 & EP-19 new condition added, TM-1: changed wording
from final map to parcel map, TM-4: changed wording from previously submitted
condition, TM-7: new condition added. Staff has not received any comments from
the public and staff recommends approval with the conditions listed in Attachment
A. Mr. Miner inquired about overhead utilities. Ms. Lieberman stated the utilities
have already been relocated underground.
Mr. Miner opened the public hearing.
Jennifer Mastro, Architect, received and reviewed a copy of the staff report. Ms.
Mastro had no questions or comments regarding the conditions of approval and
confirmed the relocation of the overhead utilities. Staff stated that the applicant had
gone through 3 different designs and feels this is the best option.
David Wagner, Neighbor, had questions regarding parking. Ms. Lieberman stated
that the two front parcels have a covered parking space and one uncovered
parking space. The two parcels in back both have a two car covered parking space
and one uncovered parking space.
Mr. Miner closed the public hearing.
Approved subject to the findings and conditions of approval located in the staff
report with added and modified conditions that were discussed at the hearing.
Mr. Miner stated that the decision is final unless appealed to the Planning
Commission with payment of the appeal fee within the 15-day appeal period.
File #: 2014-7339
Location: 1008 Havre Court (APN: 320-12-028 )
Applicant / Owner: Loc Nguyen
Proposed Project:
USE PERMIT to allow a 6-foot 10-inch tall wall in the front yard
of a single-family residence.
Reason for Permit: A Use Permit is required for any fence that
exceeds 6 feet in height in the front yard.
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijima@sunnyvale.ca.gov
Issues: Height
Recommendation: Approve with Conditions
In attendance: Loc Nguyen, Applicant; Phil & Marlene Bernstein, Neighbor; Andrew
Miner, Zoning Administrator; Momoko Ishijima, Project Planner; Luis Uribe, Staff
Office Assistant.
Mr. Andrew Miner, Zoning Administrator, on behalf of the Director of Community
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Zoning Administrator Hearing Meeting Minutes May 28, 2014
Development, explained the format that would be observed during the public
hearing.
Mr. Miner announced the subject application.
Momoko Ishijima, Project Planner, presented the item. The property has a large
front and reducible front yard. The proposed wall would be 16 feet from the front
property line and 40 feet from the reducible side property line. The wall is proposed
to create a small courtyard where there is existing landscaping consisting of a small
tree (to be removed) and shrubs. There is no impact on the vision triangle and will
retain the openness of the front and reducible front yard. The wall material will
match the existing residence. Staff did receive one inquiry from a neighbor and
staff recommends approval.
Mr. Miner opened the public hearing.
Loc Nguyen, Applicant, received and reviewed a copy of the staff report. The
applicant had no questions or comments regarding the conditions of approval. Mr.
Miner asked for the reasoning behind extending the fence out by four feet. Mr.
Nguyen stated that it is not vital that the fence be out that far.
Phil Bernstein, Neighbor, stated that he loves the openness of the neighborhood
and feels that the current design is not compatible to the neighborhood and is going
to be an eyesore.
Marlene Bernstein, Neighbor, stated that a few neighbors are not excited for the
current design and feels that it will go against everything the Neighborhood
Preservation Department tries to preserve.
Mr. Nguyen does not believe that this will be an eyesore since the material he will
be using is currently being used to construct new homes.
Mr. Miner closed the public hearing.
The Zoning Administrator denied the Use Permit and took the application under
advisement until Friday, May 30, 2014 to find a design that will work for approval at
staff level.
Mr. Miner stated that the decision is final unless appealed to the Planning
Commission with payment of the appeal fee within the 15-day appeal period.
ADJOURNMENT
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Zoning Administrator Hearing Meeting Minutes May 28, 2014
Mr. Miner adjourned the meeting at 2:23 p.m.
City of Sunnyvale Page 4
Agenda
City of Sunnyvale
Notice and Agenda
Zoning Administrator Hearing
Wednesday, May 28, 2014 2:00 PM West Conference Room, City Hall, 456 W.
Olive Ave., Sunnyvale, CA 94086
CALL TO ORDER
PUBLIC HEARINGS
14-0534 File #: 2014-7043
Location: 441 S Sunnyvale Avenue and 449 S Sunnyvale Avenue
(APNs: 209-26-029 and 209-26-030)
Zoning: DSP 10
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: to allow the construction
of 4 new homes
TENTATIVE MAP: to subdivide 2 parcels into 4 lots.
Applicant / Owner: Sycamore Homes (applicant) / 349 First Street
LLC (owner)
Reason for Permit: A Special Development Permit is required for the
construction of four new single-family homes and a Tentative Parcel
Map is required to subdivide two lots into four lots.
Project Planner: Elise Lieberman, (408) 730-7443,
elieberman@sunnyvale.ca.gov
14-0539 File #: 2014-7339
Location: 1008 Havre Court (APN: 320-12-028 )
Applicant / Owner: Loc Nguyen
Proposed Project:
USE PERMIT to allow a 6-foot 10-inch tall wall in the front yard
of a single-family residence.
Reason for Permit: A Use Permit is required for any fence that
exceeds 6 feet in height in the front yard.
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijima@sunnyvale.ca.gov
Issues: Height
Recommendation: Approve with Conditions
City of Sunnyvale Page 1 Printed on 6/6/2014
Zoning Administrator Hearing Notice and Agenda May 28, 2014
ADJOURNMENT
Agenda information is available by contacting The Planning Division at (408)
730-7440. Agendas and associated reports are also available on the City’s web
site at sunnyvale.ca.gov or at the Sunnyvale Public Library, 665 W. Olive Ave.,
Sunnyvale, 72 hours before the meeting.
PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on
any public hearing item listed in this agenda, the issues in the lawsuit may be
limited to the issues which were raised at the public hearing or presented in writing
to the City at or before the public hearing.
PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6
imposes a 90-day deadline for the filing of any lawsuit challenging final action on
an agenda item which is subject to Code of Civil Procedure section 1094.5.
Pursuant to the Americans with Disabilities Act, if you need special assistance in
this meeting, please contact the Planning Division at (408) 730-7440. Notification
of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting. (29 CFR 35.106 ADA Title II)
City of Sunnyvale Page 2 Printed on 6/6/2014
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