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Zoning Administrator Hearing

Regular Meeting

Sunnyvale, CA · March 30, 2022

AgendaMinutes

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. City of Sunnyvale Page 1 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. City of Sunnyvale Page 2 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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