Zoning Administrator Hearing
Regular MeetingSunnyvale, CA · November 30, 2022
Minutes
City of Sunnyvale
Meeting Minutes
Zoning Administrator Hearing
Wednesday, November 30, 2022 3:00 PM Teleconference Meeting: City Web
Stream
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 construct a 9’-1” tall fence in the front yard of an
existing single-family residence.
Location: 1492 Flamingo Way (APN: 309-27-035)
File #: 2022-7525
Zoning: R-0 - Low Density Residential
Applicant / Owner: Mao Xiaomi and Jin Linghua (applicants and
owners)
Environmental Review: Class 3 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA)
provisions.
Project Planner: Cindy Hom, 408-730-7411,
chom@sunnyvale.ca.gov
Ms. King paused the meeting in order for the applicant and members of the public
to attend the hearing.
Ms. King, resumed the meeting at 3:02 p.m.
Ms. King inquired with Cindy Hom, Project Planner, if there were any additions to
the staff report.
Ms. Hom provided a brief presentation regarding the project. She noted the fence is
measured 9 ft. from the top of the curb, but is approximately 6 ft. 4 in. when
measured from the finished grade. She also noted the proposed design is a
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Zoning Administrator Hearing Meeting Minutes November 30, 2022
horizontal wood panel design which is consistent with the design guidelines of the
Eichler neighborhood. Examples of similar designs and fence height from various
houses in the neighborhood were provided.
Ms. Hom noted staff had received 3 comment letters. One letter was addressed
after Ms. Hom explained the project description. The other 2 letters cited concerns
regarding design and consistency with neighborhood patterns. There was also
concern about debris on the proposed project’s property. An extra condition of
approval (PS-3) was added requiring the applicant to remove the debris prior to
Building Permits being issued or with 45 days prior notice to staff once construction
has been completed.
Ms. King opened the hearing to public comments.
Ms. King paused to let members of the public speak.
Two members of the public were present, but none motioned to speak.
Ms. King closed the public comments.
Ms. King inquired with the applicant Xiaomi Mao, if there were any additions or
comments.
Mr. Mao had no additional comments.
Ms. King acknowledged that Ms. Hom addressed all of the public concerns
presented with her presentation in regards to: location, height, design and
appropriateness of materials of the proposed fence as well as the debris on the
property. Ms. King noted that the 9 ft. height could be confusing as it is measured
from the curb and not from where the ground is relative to the fence.
ACTION: Approve the Use Permit with recommended Conditions in Attachment 3
as well as additional Conditions by staff via Attachment 7 and Memo Attachment 8.
Ms. King acknowledged there were two members of the public who wished to
speak. She stated she will allow their comments to be heard, but her ruling has
been made. She also stated that her decision is appealable with a 15-day period by
Planning Commission.
Ms. King opened the hearing to public comments.
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Zoning Administrator Hearing Meeting Minutes November 30, 2022
Pat, member of the public was allowed to speak, but was unable to speak.
Ms. Pernille, member of the public, asked if the fence is located at the curb.
Ms. King stated that the fence is not at the curb. The fence is 25.5 ft. from the curb
and 18.5 ft. at its closest point to the curb. The proposed fence is contiguous with
the plane of the house.
Ms. Pernille acknowledged that her concern was addressed.
Ms. King paused to allow Pat to have an opportunity to speak.
Pat was allowed to speak, but was unable to speak.
Ms. King closed the public comments.
ADJOURNMENT
Ms. King adjourned the hearing at 3:15 p.m.
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Agenda
City of Sunnyvale
Notice and Agenda - Final
Zoning Administrator Hearing
Wednesday, November 30, 2022 3:00 PM Teleconference Meeting: City Web Stream
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 No. 1089-21 (reaffirmed November 1, 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
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Zoning Administrator Hearing Notice and Agenda - Final November 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
22-1128 Proposed Project:
USE PERMIT to construct a 9’-1” tall fence in the front yard of an
existing single-family residence.
Location: 1492 Flamingo Way (APN: 309-27-035)
File #: 2022-7525
Zoning: R-0 - Low Density Residential
Applicant / Owner: Mao Xiaomi and Jin Linghua (applicants and
owners)
Environmental Review: Class 3 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Use Permit with recommended
Conditions in Attachment 3.
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Zoning Administrator Hearing Notice and Agenda - Final November 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.
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