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Zoning Administrator Hearing

Regular Meeting

Sunnyvale, CA · April 10, 2019

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, April 10, 2019 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Ryan Kuchenig, Zoning Administrator, called the meeting to order at 3:00 p.m. PUBLIC HEARINGS REQUEST FOR CONTINUANCE TO APRIL 24, 2019 Proposed Project: VARIANCE PERMIT to allow a portion of a 72-square-foot front yard addition to encroach five-feet into the required 20-foot front yard setback, and a new front yard porch eave to encroach seven-feet into the required 20-foot front yard setback. Location: 474 East McKinley Avenue (APN: 209-22-027) File #: 2019-7111 Zoning: R-0 (Low Density Residential) Applicant / Owner: Josh Miner Design (applicant) / Carl and Marlene Joy B Hekkert (owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov This item was continued to the Zoning Administrator Hearing of April 24, 2019. Proposed Project: TENTATIVE MAP: To subdivide one parcel into five parcels (two common lots for parking/landscaping and three lots for office buildings). Location: 445 Mary Avenue (APN:165-32-015) File #: 2018-7495 Zoning: PPSP-IE (Peery Park Specific Plan, Innovation Edge) Applicant / Owner: Jay Paul / Tp Spe LLC Environmental Review: The proposed project is exempt from additional California Environmental Quality Act (CEQA) review per CEQA Guidelines section 15168 (c)(2) and (4) and Public Resources Code Section 21094. The project is within the scope of the Peery Park Specific Plan Environmental Impact Report (EIR) as no new environmental impacts are anticipated and no new mitigation measures City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes April 10, 2019 are required. Project Planner: Margaret Netto, 408-730-1221, mnetto@sunnyvale.ca.gov Mr. Kuchenig inquired with Margaret Netto, project planner, if there were comments or changes to the staff report. Ms. Netto stated the applicant reviewed the Conditions of Approval and provided comments. Ms. Netto stated she had a chance to discuss with the Public Works Department and they have agreed that the applicant can construct the building and the parking structure prior to recordationof the parcel map. The newest modifications affect conditions GC-2 and BP-1 to state as such: GC-2. RECORDATION OF PARCEL MAPS: The submittal, approval and recordation of the parcel map(s) shall be in accordance with the provisions of the California Subdivision Map Act and Sunnyvale Municipal Code Title 18 Subdivision requirements. BP-1. PARCEL MAP: The submittal, approval and recordation of the parcel map(s) shall be in accordance with the provisions of the California Subdivision Map Act and Sunnyvale Municipal Code Title 18 Subdivision requirements. Mr. Kuchenig reviewed the revised conditions and inquired with the applicant if they had any comments. Martin Parissenti, applicant, thanked Margaret for her work on the project. Mr. Kuchenig inquired with Mr. Parissenti if he agreed with the conditions of approval as currently modified, to which Mr. Parissenti complied he did. Seeing no members of the public in attendance, Mr. Kuchenig closed the hearing to the public. ACTION: Approved subject to the findings and conditions of approval located in the staff report with the following changes: GC-2. RECORDATION OF PARCEL MAPS: The submittal, approval and recordation of the parcel map(s) shall be in accordance with the provisions of the California Subdivision Map Act and Sunnyvale Municipal Code Title 18 Subdivision requirements. City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes April 10, 2019 BP-1. PARCEL MAP: The submittal, approval and recordation of the parcel map(s) shall be in accordance with the provisions of the California Subdivision Map Act and Sunnyvale Municipal Code Title 18 Subdivision requirements. Proposed Project: SPECIAL DEVELOPMENT PERMIT: to allow construction of a 352 square foot second story bedroom addition above the garage of a two-story townhome unit. Location: 767 Danforth Terrace (APN: 201-23-062) File #: 2019-7113 Zoning: R-2/PD (Low-Medium Density Residential) Applicant / Owner: Gabriel Olander Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Noren Caliva-Lepe, 408-730-7659, ncaliva-lepe@sunnyvale.ca.gov Mr. Kuchenig inquired with Noren Caliva-Lepe, project planner, if there were any comments or changes to the staff report. Ms. Caliva-Lepe stated a concerned neighbor dropped by at the One-Stop counter after the reports were published and expressed concerns about the long-term impact of causing precedent if other neighbors were allowed a second-story addition. Staff informed the neighbor that each project would be considered on a case-by-case basis and would be required to go through a seperate permit. There were no other comments received from the public. Mr. Kuchenig opened the hearing to the applicant. Gabriel Olander, applicant, stated the project is within in a two-story townhouse community. Some units have the second stories extended over the garage while others did not. This project aims to add a second-story room over the garage, which will be constructed in a way to match the other units. The HOA has approved the project and neighbors that share a wall and driveway have signed a letter stating approval of the project. Mr. Olander handed Mr. Kuchenig the neighbors' signatures. Seeing no members of the public in attendance, Mr. Kuchenig closed the hearing to the public. City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes April 10, 2019 Mr. Kuchenig inquired if there were any other proposals similar to this from homes that did not have a second-story addition over the garage. Ms. Caliva -Lepe stated this application was the first one in the community to propose a project of this kind. ACTION: Approved subject to the findings and conditions of approval located in the staff report. Proposed Project: SPECIAL DEVELOPMENT PERMIT: to allow full alcoholic beverage service at an existing restaurant. Location: 151 E El Camino Real (APN: 211-01-036) File #: 2019-7074 Zoning: C-2/ECR (Highway Business Zoning District/El Camino Real Precise Plan Combining District) Applicant / Owner: West India Company LLC (applicant) / Arn K. Youngman Trustee (owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Kelly Cha, 408-730-7408, kcha@sunnyvale.ca.gov Mr. Kuchenig inquired with Kelly Cha, project planner, if there were any comments or changes to the staff report. Ms. Cha stated there were no comments from the public and no changes to the staff report. Mr. Kuchenig inquired if there were any outstanding Neighborhood Preservation cases with the project address. Ms. Cha stated there are no outstanding Neighborhood Preservation cases and the Department of Public Safety had no concerns with this particular property. Mr. Kuchenig inquired if there were any changes to the floorplan. Ms. Cha stated there will be no changes to the floorplan. Since the applicant already has a bar, they are asking for full alcoholic use at the restaurant. City of Sunnyvale Page 4 Zoning Administrator Hearing Meeting Minutes April 10, 2019 Mr. Kuchenig opened the hearing to the applicant. Naresh Kumar, applicant, stated he did not have any comments. Seeing no members of the public present, Mr. Kuchenig closed the public hearing. ACTION: Approved subject to the findings and conditions of approval located in the staff report. ADJOURNMENT Mr. Kuchenig adjourned the hearing at 3:11 p.m. City of Sunnyvale Page 5

Agenda

City of Sunnyvale Notice and Agenda Zoning Administrator Hearing Wednesday, April 10, 2019 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER PUBLIC HEARINGS 19-0417 REQUEST FOR CONTINUANCE TO APRIL 24, 2019 Proposed Project: VARIANCE PERMIT to allow a portion of a 72-square-foot front yard addition to encroach five-feet into the required 20-foot front yard setback, and a new front yard porch eave to encroach seven-feet into the required 20-foot front yard setback. Location: 474 East McKinley Avenue (APN: 209-22-027) File #: 2019-7111 Zoning: R-0 (Low Density Residential) Applicant / Owner: Josh Miner Design (applicant) / Carl and Marlene Joy B Hekkert (owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov 19-0431 Proposed Project: TENTATIVE MAP: To subdivide one parcel into five parcels (two common lots for parking/landscaping and three lots for office buildings). Location: 445 Mary Avenue (APN:165-32-015) File #: 2018-7495 Zoning: PPSP-IE (Peery Park Specific Plan, Innovation Edge) Applicant / Owner: Jay Paul / Tp Spe LLC Environmental Review: The proposed project is exempt from additional California Environmental Quality Act (CEQA) review per CEQA Guidelines section 15168 (c)(2) and (4) and Public Resources Code Section 21094. The project is within the scope of the Peery Park Specific Plan Environmental Impact Report (EIR) as no new environmental impacts are anticipated and no new mitigation measures are required. Project Planner: Margaret Netto, 408-730-1221, mnetto@sunnyvale.ca.gov City of Sunnyvale Page 1 Printed on 4/5/2019 Zoning Administrator Hearing Notice and Agenda April 10, 2019 19-0456 Proposed Project: SPECIAL DEVELOPMENT PERMIT: to allow construction of a 352 square foot second story bedroom addition above the garage of a two-story townhome unit. Location: 767 Danforth Terrace (APN: 201-23-062) File #: 2019-7113 Zoning: R-2/PD (Low-Medium Density Residential) Applicant / Owner: Gabriel Olander Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Noren Caliva-Lepe, 408-730-7659, ncaliva-lepe@sunnyvale.ca.gov 19-0378 Proposed Project: SPECIAL DEVELOPMENT PERMIT: to allow full alcoholic beverage service at an existing restaurant. Location: 151 E El Camino Real (APN: 211-01-036) File #: 2019-7074 Zoning: C-2/ECR (Highway Business Zoning District/El Camino Real Precise Plan Combining District) Applicant / Owner: West India Company LLC (applicant) / Arn K. Youngman Trustee (owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Kelly Cha, 408-730-7408, kcha@sunnyvale.ca.gov 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 website 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. City of Sunnyvale Page 2 Printed on 4/5/2019 Zoning Administrator Hearing Notice and Agenda April 10, 2019 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. (28 CFR 35.160 (b) (1)) City of Sunnyvale Page 3 Printed on 4/5/2019

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