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Zoning Administrator Hearing

Regular Meeting

Sunnyvale, CA · November 30, 2022

AgendaMinutes

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 City of Sunnyvale Page 1 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. City of Sunnyvale Page 2 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. City of Sunnyvale Page 3

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 City of Sunnyvale Page 1 Printed on 11/30/2022 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. City of Sunnyvale Page 2 Printed on 11/30/2022 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. City of Sunnyvale Page 3 Printed on 11/30/2022

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