Zoning Administrator Hearing
Regular MeetingSunnyvale, CA · March 30, 2022
Minutes
City of Sunnyvale
Meeting Minutes
Zoning Administrator Hearing
Wednesday, March 30, 2022 3:00 PM Teleconference Meeting: City Web
Stream
Meeting Online Link: https://sunnyvale-ca-gov.zoom.us/j/94442399040
Special Teleconference Notice
Public Participation
Accessibility/Americans with Disabilities Act (ADA) Notice
CALL TO ORDER
Michelle King, Zoning Administrator, called the meeting to order at 3:00 p.m.
PUBLIC HEARINGS
Proposed Project:
USE PERMIT: To allow an approximately 10-foot-tall fence in the
reducible front yard.
Location: 451 Cumulus Ave (APN: 211-19-052)
File #: 2022-7008
Zoning: R-0 - Low Density Residential
Applicant / Owner: Trang Pham
Environmental Review: Class 3 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Shila Bagley, 408-730-7418,
sbagley@sunnyvale.ca.gov
Ms. King wanted to address that the City was currently having difficulties with the
intranet and phone lines on this day, but it would not affect joining this hearing. She
also noted that sufficient time would be given to wait for anyone wanting to join the
meeting.
Ms. King saw that there were no applicants or members of the public ready, so she
paused the meeting in order to let participating parties join the hearing at 3:01 p.m.
Ms. King resumed the meeting at 3:07 p.m.
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Zoning Administrator Hearing Meeting Minutes March 30, 2022
Ms. King inquired with Shila Bagley, Project Planner, if there were any additions to
the staff report.
Ms.Bagley provided a short presentation giving an overview of the project. She
explained the dimensions of the current fence and proposed fence.
Ms. Bagley noted two letters of disapproval stating the proposed fence was not
compliant with City code, too tall and did not fit with the aesthetic of the
neighborhood. She stated the applicant has provided a justification letter in
Attachment 5 which explained the applicant wanting a taller fence for security
reasons, to provide privacy from the two-story apartment building nearby on the
east side and to allow more usable space.
Ms. Bagley noted that the existing fence is the same height as the proposed fence
and that there have been no complaints or violations of code regarding said fence
since 1999. She stated there was also a rear fence that would be implemented, but
that would not require a permit and it would be matched and would be aligned with
the proposed fence. She noted shrubbery would be planted into order to soften the
visual impact of the proposed fence.
Ms. King opened the hearing to the applicant and asked if they had any additions to
the project.
Trang Pham, homeowner, had no updates or comments. Ms. Pham stated she
wanted to replace the fence because it was in a state of disrepair.
Ms. King opened the hearing to public comments.
Ms. King asked Peter Dang, Staff Office Assistant, to confirm that there were no
members of the public present.
Mr. Dang confirmed there were no members of the public present.
Ms. King closed the public comments.
Ms. King provided an explanation on her ruling. She believed the proposed fence
design was attractive and that the height was concurrent with existing fences in the
neighborhood. Ms. King was concerned about the corner adjacent to the neighbor.
She was concerned about how the corner would be viewed as it would stick out
because it would be perpendicular to the property line.
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Zoning Administrator Hearing Meeting Minutes March 30, 2022
Ms. King suggested to approve the permit, but asked Ms. Pham to work with
planning staff to modify the corner’s design so that it would not be so prominent to
drivers and pedestrians. She explained they could move the corner back or design
landscaping to hide without impeding on the neighbor’s property.
Ms. Pham agreed and was willing to work with planning staff to modify the corner.
ACTION: Approved the Use Permit with recommended Conditions in Attachment 2
with modifications to the fence corner adjacent to the neighbor.
ADJOURNMENT
Ms. King adjourned the hearing at 3:17 p.m.
City of Sunnyvale Page 3
Agenda
City of Sunnyvale
Notice and Agenda - Final
Zoning Administrator Hearing
Wednesday, March 30, 2022 3:00 PM Teleconference Meeting: City Web Stream
Meeting Online Link: https://sunnyvale-ca-gov.zoom.us/j/94442399040
Special Teleconference Notice
Because of the COVID-19 emergency and the health orders issued by Santa Clara
County and the State of California, this hearing of the Sunnyvale Zoning
Administrator will take place by teleconference, as allowed by Government Code
Subdivision 54953(e) and Resolution 1089-21 (reaffirmed March 22, 2022).
Public Participation
• Teleconference participation: You may provide audio public comment by
connecting to the teleconference hearing online or by telephone. Use the Raise
Hand feature to request to speak (*9 on a telephone):
Hearing online link: https://sunnyvale-ca-gov.zoom.us/j/94442399040
Hearing call-in telephone number: 833-548-0276 | Meeting ID: 944 4239 9040
• Watch the Zoning Administrator hearing at
www.Sunnyvale.ca.gov/YouTubeMeetings
• Submit written comments to the Zoning Administrator no later than 4 hours prior
to the hearing start to planning@sunnyvale.ca.gov or by mail to Sunnyvale
Planning Division, 456 W. Olive Avenue, Sunnyvale, CA 94086-3707
• Review recordings of this hearing and past hearings at
https://sunnyvaleca.legistar.com/calendar.aspx or
http://youtube.com/SunnyvaleMeetings
City of Sunnyvale Page 1 Printed on 3/24/2022
Zoning Administrator Hearing Notice and Agenda - Final March 30, 2022
Accessibility/Americans with Disabilities Act (ADA) Notice
Pursuant to the Americans with Disabilities Act (ADA), if you need special
assistance to provide public comment, or for other special assistance; please
contact the City at least 48 hours prior to the meeting to enable the City to make
reasonable arrangements to ensure accessibility to this meeting. ADA contact: The
Planning Division may be reached at 408-730-7440 or
planning@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)).
CALL TO ORDER
Call to Order via teleconference.
PUBLIC HEARINGS
22-0363 Proposed Project:
USE PERMIT: To allow an approximately 10-foot-tall fence in the
reducible front yard.
Location: 451 Cumulus Ave (APN: 211-19-052)
File #: 2022-7008
Zoning: R-0 - Low Density Residential
Applicant / Owner: Trang Pham
Environmental Review: Class 3 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Shila Bagley, 408-730-7418,
sbagley@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Use Permit with recommended
Conditions in Attachment 2.
City of Sunnyvale Page 2 Printed on 3/24/2022
Zoning Administrator Hearing Notice and Agenda - Final March 30, 2022
ADJOURNMENT
Notice to the Public:
Agenda information is available by contacting The Planning Division at
408-730-7440 or planning@sunnyvale.ca.gov. 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 3 Printed on 3/24/2022
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