Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, November 1, 2023 3:00 PM Teleconference: City Web Stream Public Participation Accessibility/Americans with Disabilities Act (ADA) Notice CALL TO ORDER Shaunn Mendrin, Zoning Administrator, called the meeting to order at 3:00 p.m. PUBLIC HEARINGS Proposed Project: USE PERMIT to construct an eight-foot tall fence along the front property line of a private school site. Location: 1030 Astoria Drive (APN: 320-09-070) File #: PLNG-2023-0646 Zoning: PF (Public Facilities) Applicant / Owner: Tom Sloan (applicant) / South Peninsula Hebrew Day School (owner) Environmental Review: Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Drew Taplin, 408-730-7407, dtaplin@sunnyvale.ca.gov Mr. Mendrin inquired with Drew Taplin, Project Planner, if there were any additions to the staff report. Mr. Taplin gave a brief presentation outlining the description of the project. Mr. Taplin highlighted that the permit is for a fence along the front property line. The rest of the property is currently fenced. The fence would have swinging gates for vehicles and pedestrian gates for pedestrian access. The design would be vertical aluminum balusters painted black with transparent spacing to allow visibility. No existing trees would be removed as a result of the project. The site circulation would remain unchanged. Mr. Taplin acknowledged 7 public comments received with the primary concerns being: traffic impacts, parking impacts, visual appearance and park access. Mr. City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes November 1, 2023 Taplin noted that staff from the Fire Prevention, Traffic, and the Public Works department concurred that proposal was sufficient to proceed with the public hearing. The use of the site will not change because of the fence. Mr. Taplin stated the two findings that must be met in order for the Zoning Administrator to approve a Use Permit. He noted that the finding of “Attain the objectives and purposes of the general plan, precise plan, or other specialized plan of the City of Sunnyvale” in particular has been met. The use is consistent with other school properties that exist within the city. Mr. Taplin noted an error on General Condition have that had an erroneous title. It should be explaining the aggress and egress that exists on the western portion of the site and not entitlements. Mr. Mendrin inquired with the applicant if there were any additions or comments. Tom Sloan, applicant, noted that the presentation explained the findings were met for the variance. Mr. Sloan stated the color of the fence should blend into the background surroundings. He stated safety for the students is the primary objective for the fence. Fred Zaghi, property owner, stated that he believed they are the only school that does not have a security fence around the whole perimeter of the school. Mr. Zaghi stated that it is a necessity for safety and security of the students. Currently, cars can park within a few feet of the school. Mr. Mendrin wanted to clarify that the hearing is for a use permit and not a variance as stated by Mr. Sloan. Mr. Mendrin opened the hearing to public comments. Dan Rickhoff, expressed concern about a landscaped area and suggested the proposed fence could be routed along the sidewalk in order for the landscaped area to be preserved and maintained. Jay Kohn, expressed concern about not being able to have access to the parking lot. Ms. Kohn also stated that there would be impact to traffic and the surrounding neighborhoods. She felt the use of the site would be impaired by not allowing members of the public to park there. This should be a violation of one of the findings City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes November 1, 2023 to approve the Use Permit. Ms. Kohn agreed with Mr. Rickhoff’s suggestion to route the fence along the sidewalk. She suggested that either the parking lot be available after school hours or that the fence be moved back in order for portions of the parking lot to be available for use. Ms. Kohn stated that there is already no parking available at all hours of the day, so many cars park in front of residential property. She inquired if there was any agreement concerning the use of the parking lot, the rest area, or the bathrooms when the property was sold to the South Peninsula Hebrew Day School. Ms. Kohn also inquired about the appeal process. Prakasha Bankhar, expressed concern about the traffic impact as there is parking on only one side. Mr. Bankhar noted that the proposed gates currently allow both left and right turns which will greatly impact traffic. His recommendation is that any exit from the school should be right turn only and that the entrance should be on the west side and that the exit should be on the east side. This creative a flow and help mitigate the traffic. Mr. Bankhar recommended on the east exit, there should be a crosswalk with yellow markings so that children and seniors may be able to cross the road safely. Mr. Mendrin closed the hearing to public comments. Mr. Mendrin inquired with Mr. Taplin if he had any further comments. Mr. Taplin noted there was a parking agreement that expired in the early 2000s. The agreement was never renewed, thus the jurisdiction of the parking lot fell to the property owners. The property owners had allowed members of the public to use the parking lot, but were under no obligation to do so. Mr. Taplin stated that if the gates must remain open after hours, it goes against the intended use of the fence as a means for security. Mr. Mendrin inquired with the applicant if they had any further comments. Mr. Sloan noted the members of the public may have been using the parking lot, but the lot should be school property. Mr. Mendrin confirmed that the agreement for parking had expired back in the early 2000s, and that the ownership is now a private school, so the parking lot is under the property owner’s jurisdiction. City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes November 1, 2023 Mr. Sloan found the suggestion of the right turn only exit on the east side agreeable. He questioned if access to the parking lot would be grounds for an appeal. Mr. Mendrin stated he could not advise on whether an appeal would be successful or not. He expressed that members of the public have a right to appeal and the decision would be made by the Planning Commission. Mr. Mendrin inquired again with Mr. Sloan if the landscaping and adjusting the fence on the east side was agreeable. Mr. Sloan stated that it was a reasonable request that he was willing to work with. Mr. Zaghi acknowledged the expired parking agreement. He stated that while they allowed people to use the parking lot in the past, it is a private parking lot. Mr. Zaghi stated that the safety of the students is currently the primary concern. There is currently no existing agreement regarding the parking. Mr. Zaghi said he would like to review if the fence adjustment would affect the future ownership of the property. Mr. Mendrin explained the appeal process. Mr. Mendrin took the item under advisement in order to review with key staff from Planning and the Public Works department. Interested parties were notified via email on November 2nd, 2023 via email on the decision. The appeal date deadline was adjusted to November 17th, 2023. ACTION: Approve the Use Permit subject to the recommended findings in Attachment 2, recommended Conditions of Approval in Attachment 3 and modification to condition BP-1 that the fence location be revised at the eastern property driveway to be at least 8 feet perpendicular from the front property line between the side property line and proposed pedestrian fate to the site. ADJOURNMENT Mr. Mendrin adjourned the hearing at 3:37 p.m. City of Sunnyvale Page 4