REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project:
Related applications on a 0.66-acre site:
USE PERMIT to allow the removal of an unpermitted chain-link fence and replacement with a new 8-foot tall steel picket fence along the front yards, and
VARIANCE to allow a new rolling parking lot gate within the driveway vision triangle.
Location: 904 Weddell Court (APN: 110-13-065)
File #: PLNG-2023-0158
Zoning: M-S(Industrial and Services)/POA (Places of Assembly Combining District)
Applicant / Owner: Studio G Architects, Inc. (applicant) /904 Weddell Court LLC (owner)
Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov
Report
BACKGROUND
The subject site was previously vacant. Pacific Ridge Builders purchased the site in 2022. A Neighborhood Preservation case was generated in 2023 for construction work done without a permit. The owner is bringing the site into conformance by legalizing the unpermitted fence.
Description of Proposed Project
The subject corner property has an existing, unpermitted six-foot tall, slatted chain-link fence in the front yard. The applicant is proposing to replace the existing chain-link fence with a new eight-foot tall, steel picket fence with a rolling gate that encroaches into the driveway vision triangle areas.
Sunnyvale Municipal Code (SMC) Section 19.48.025 requires a Use Permit to allow front yard fences to exceed 6 feet in height and rear yard fences to exceed 8 feet in height. The SMC defines a front yard fence to include any fence located between the face of the building and the street.
SMC Section 19.34.060 requires that the vision triangle be maintained clear of structures over three feet six inches in height. Open fences, as defined by SMC Section 19.48.020, are exempt from the vision triangle requirements. Although the project proposes an open fence, a variance is needed to exceed the three and one-half feet height limit within a driveway or corner vision triangle.
See Attachment 1 for a map of the vicinity and mailing area for notices and Attachment 4 for the site and architectural plans.
Previous Actions on the Site
Previous permits included Miscellaneous Plan Permits that were approved for minor site modifications to parking, site signage, and for changes of use.
ENVIRONMENTAL REVIEW
A Categorical Exemption Class 1 (minor alteration of existing structures, facilities, mechanical equipment or topographical features that involve negligible or no expansion of existing or former use) relieves this project from CEQA provisions.
DISCUSSION
Site Layout
The subject property is located at the northeast corner of the intersection of East Weddell Drive and Weddell Court. The site is currently developed with a 12,007-square foot one-story commercial office building, surface parking, and an unpermitted chain-link fence that encloses the rear parking lot area. Access to the site is provided by a driveway along the W. Weddell Drive frontage and a second driveway access along the Weddell Court cul-de-sac. SMC considers both street-facing sides as a front yard.
Fence Design
The applicant is proposing an 8-foot tall, steel picket fence and rolling gate along the front yard on Weddell Court. The proposed fencing encloses the rear parking lot and along the east property edge. The proposed fence and gate will be painted black.
Variance Justifications
Based on staff’s analysis, the justifications to support the variance are summarized below and provided in Attachment 6.
• Relocating the fence and rolling gate out of the vision triangle will impact the parking capacity and result in a parking deficiency.
• Due to the parcel configuration and the curved property line, the driveway and associated vision triangles already protrude into the existing boundaries of the parking lot which reduces the amount of space that is needed to provide required elements like parking, accessible parking, loading area, and trash enclosure that are required for the office use.
• The proposed fence is more than 50% open along its height and allows the needed visibility to all vehicles entering or exiting the site.
• Weddell Court is a cul-de-sac that anticipates low volume and low speed of traffic.
• Additionally, there are no public sidewalks along Weddell Court which would generate unsafe conditions or conflicts with pedestrians.
• The building and parking lot gate will be open during its business hours from 7:00 am to 4:00 pm and therefore should not pose any queuing issues on Weddell Court. Additionally, there are approximately 135 feet along Weddell Court that helps with the shallow driveway throat into the property.
• The proposed fencing and rolling gate will not interfere with the neighboring church considering there are no shared parking agreements and typically the uses operate during different times of the day and week.
Staff finds that the requested variance is reasonable based on the above justifications and will not be detrimental to public welfare and safety. The steel picket fence is a high-quality and durable material that would replace a dilapidated chain-link fence. The variance would not constitute a special privilege considering other variances for encroachments in the driveway and/or driveway vision triangles have been granted.
PUBLIC CONTACT
832 notices were sent to surrounding property owners and residents adjacent to the subject site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. At the time of writing this report, no letters or calls were received from the public by staff.
ALTERNATIVES
1. Approve the Use Permit and Variance with recommended Findings in Attachment 2 and recommended Conditions in Attachment 3.
2. Approve the Use Permit and Variance with modifications.
3. Deny the Use Permit and Variance and direct staff with requested changes.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Use Permit and Variance with recommended Findings in Attachment 2 and recommended Conditions in Attachment 3.
Staff
Prepared by: Cindy Hom, Associate Planner
Approved by: Momoko Ishijima, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Maps
2. Recommended Findings
3. Recommended Conditions of Approval
4. Site and Architectural Plans
5. Letter from the Applicant
6. Use Permit and Variance Justification Form