City of Sunnyvale

Meeting Minutes

Zoning Administrator Hearing

Wednesday, October 16, 2024

3:00 PM

Teleconference: City Web Stream

Public Participation

Accessibility/Americans with Disabilities Act (ADA) Notice

CALL TO ORDER

George Schroeder, Zoning Administrator, called the meeting to order at 3:00 p.m.

PUBLIC HEARINGS

Proposed Project:

Related applications on a 7,975-square foot lot:

USE PERMIT to legalize an existing 6-foot 10-inch-tall front yard fence;

and

VARIANCE to legalize an existing 72 square feet detached arbor

structure that is 8-foot 6-inch-tall with a 13-foot 5-inch front setback where

20 feet minimum is required, in the front yard of a single-family property.

Location: 1137 South Bernardo Avenue (APN: 202-39-037)

File #: PLNG-2024-0439

Zoning: R-1 (Low Density Residential)

Applicant / Owner: Stanley Mansfield (applicant and owner)

Environmental Review: A Class 3 Categorical Exemption relieves

this project from the California Environmental Quality Act (CEQA)

provisions.

Project Planner: Mary Jeyaprakash, 408-730-7449,

mjeyaprakash@sunnyvale.ca.gov

Mr. Schroeder inquired with Mary Jeyaprakash, Project Planner, if there were any

additions to the staff report or comments.

Ms. Jeyaprakash had no additions or updates to the staff report.

Mr. Schroeder inquired if the applicant had any updates.

Stan Mansfield, applicant, gave a brief presentation on the overview of the project.

Mr. Mansfield shared the history of the front yard fence and arbor structure being

destroyed by weather. He stated he was not aware when building the structure that

the height requirements were measured from the curb elevation. Mr. Mansfield

believed he did his best to comply with the requirements for the arbor structure, but

the City had changed its code after the structure was built.

Mr. Schroeder inquired with Mr. Mansfield about his plan to obtain a Building permit

to legalize the structure.

Mr. Mansfield stated he would obtain the Building permit if needed. He inquired if

the permit was needed because of the height of the fence.

Mr. Schroeder confirmed the permit was needed because the height of the arbor

was 7-feet tall.

Mr. Schroeder opened the hearing to public comments.

No members of the public wished to speak on this item.

Mr. Schroeder closed the hearing to public comments.

Mr. Mansfield inquired if the Building permit was required for both the fence and

arbor structure.

Ms. Jeyaprakash stated the Building permit was required for the arbor structure as it

is taller than 7-feet. She noted that there is no Building permit requirement for the

fence because it is lower than 7-feet tall.

ACTION: Alternative 2 - Approve the Use Permit and Variance with modification to

BP-1 to apply for building permits within 60 days of this decision. The applicant shall

work to obtain a Building permit within 180 days of the building permit submittal. The

Director of Community Development may allow an extension of up to 30 days if

substantial progress is made.

Proposed Project: Related applications on an 8,769-square-foot site:

USE PERMIT to allow conversion of an existing building into multiple

ownership units.

TENTATIVE PARCEL MAP to allow conversion of an existing duplex

into two condominium units with a common lot.

Location: 363 and 365 East Iowa Avenue (APN: 209-24-070)

File #: PLNG-2024-0001

Zoning: R-2 (Low Medium Density Residential)

Applicant / Owner: Speed Construction and Development Inc

(applicant) / Countrywide LLC (owner)

Environmental Review: A Class 15 Categorical Exemption relieves

this project from the California Environmental Quality Act (CEQA)

provisions.

Project Planner: Shila Bagley, 408-730-7418,

sbagley@sunnyvale.ca.gov

Mr. Schroeder inquired with Shila Bagley, Project Planner, if there were any

additions to the staff report or comments.

Ms. Bagley gave a brief presentation on the overview of the project. She noted that

Attachment 7 was added to the staff report which contained revised Conditions of

Approval:

GC-10. TENANT PROTECTION:

The Developer shall adhere to the following requirements:

i. The developer shall provide each existing tenant with an

irrevocable, nontransferable, preemptive right to purchase the

lot or unit they currently occupy, or a right of exclusive

occupancy for the same, at a price not exceeding the price

offered to the general public for such lot or unit. This right

shall remain irrevocable for a period of ninety days following

the commencement of sales or the issuance of the final public

report by the Real Estate Commissioner, unless declined in

writing by the tenant.

ii. The developer shall extend the tenancy of all existing lease or

rental agreements for a minimum period of ninety days

following the commencement of sales or the issuance of the

final public report by the Real Estate Commissioner.

iii. The developer shall allow any tenant to terminate their lease

or rental agreement without penalty after the filing of an application for conversion to

community housing, provided

that the tenant notifies the developer in writing at least thirty

days prior to termination.

iv. The developer shall fully assume expenses for temporary

relocation, including all moving costs and the securing and

payment for comparable replacement housing within the

community, for any tenant who has not entered into a

contract to purchase their unit or lot and who is displaced

temporarily for necessary repairs to a unit in connection with

the conversion.

v. The rent of existing tenants shall not be increased during their

remaining period of residency from the date of application for

conversion, beyond the housing segment of the annual cost of

living increase published for the San Francisco Bay Area

Consumer Price Index.

BP-8. COMPLIANCE WITH ENERGY CONSERVATION STANDARDS:

Developer shall demonstrate that residential buildings conform to

energy conservation standards promulgated in Title 24, Part 6, Article

1, California Code of Regulations, or its successor.

BP-10. PROPERTY CONDITION AND LIFE EXPECTANCY ASSESSMENT:

The applicant shall submit a property report prepared by a registered

engineer or licensed qualified contractor. This report must detail the

physical condition and estimated remaining useful life of various

elements of the project proposed for conversion, including building

foundations, roofs, walls, sound insulation, mechanical, electrical, and

plumbing systems, onsite utilities, heating and air conditioning

systems, and fire protection systems. The report should also include

recommendations to ensure the continued useful life of these elements

for a minimum of five years.

BP-11. STRUCTURAL PEST CONTROL REPORT REQUIREMENT:

The applicant shall submit a structural pest control report prepared

within sixty days of the application date by a licensed structural pest

control operator, in accordance with Sections 8516, et seq. of the

California Business and Professions Code, or its successor section.

BP-12. BUILDING HISTORY REPORT REQUIREMENT:

The applicant shall provide a building history report that includes the

date of construction for all elements of the project, as well as a statement regarding

the current ownership of all improvements and the

underlying land.

BP-13. Utility Distribution Systems and Appliance Standards:

a. Utility Distribution Requirements:

i. Gas and electric services shall be separately metered and

billed for each individual lot or unit.

ii. In community housing projects where units are not

vertically separated by floor/ceiling assemblies, water

service shall also be separately metered and billed for each

individual lot or unit, as well as for all common facilities,

with the latter billed to the association.

b. Utility Safety Devices:

i. Water shutoff valves shall be installed in accessible locations for

all outlets.

ii. Electric panels controlling the entire service to each unit shall

be installed in accessible locations.

c. Vibration and Noise Mitigation: Domestic appliances identified

by the Director of Community Development as sources or

potential sources of vibration or noise shall be shock mounted,

isolated from the floor and ceiling, or otherwise insulated in a

manner approved by the Director to reduce vibration or noise

transmission.

d. Appliance Warranty: All major appliances provided to individual

lots or units shall be guaranteed to operate properly for a period

of one year.

BP-14. Undergrounding of Utilities:

All existing and proposed on-site utilities, including communication

service and distribution facilities, and electricity service drops, shall be

placed underground, in a manner as prescribed under

Chapter 19.38 of this code.

PM-1

c. Any future modifications to site plans, architectural elevations,

exterior materials, colors, or organizational documents must

receive prior approval from the City of Sunnyvale.

d. Individual hookups shall be provided in each unit to

accommodate washing machines and dryers.

e. The CC&Rs shall contain the following provisions:

iii. The owners shall designate a project manager, either

residing within the project or maintaining an office onsite,

to represent the association. The project manager shall have full authority to

enforce all provisions of the governing

documents and ensure compliance with the rules and

regulations of the development.

iv. unenclosed storage of any vehicle intended for recreation

purposes, including land conveyances, vessels and

aircraft, but not including attached camper bodies and

motor homes not exceeding eighteen feet in length, unless

approved storage areas are provided is prohibited.

f. The CC&Rs shall contain the following language:

i. The project shall not impose any restrictions that limit the

sale of units to families or individuals with children. Under

no circumstances shall any discrimination against

prospective buyers with children be allowed, unless it is

demonstrated that the project, as designed and built, is not

suitable for accommodating children.

PM-10. FINAL PUBLIC REPORT APPLICATION REQUIREMENT

The applicant shall provide a copy of the application submitted to

the California Department of Real Estate for the issuance of a final

public report for the proposed conversion, including all required

attachments and exhibits as mandated by Section 11011 of the

California Business and Professions Code, or its successor section.

PM-11. TENANT RELOCATION PLAN:

Prior to the approval of the final map, the applicant shall provide a

tenant relocation plan, subject to review and approval by the

Director of Community Development, in conformance with chapter

19.70 of the Sunnyvale Municipal Code.

PF-2. COMPLIANCE WITH ZONING STANDARDS FOR PATIO COVER AND

FENCE:

The applicant shall remove the existing patio cover and replace the

over-height fence at 365 East Iowa Avenue with a compliant fence

not exceeding 3.5 feet in height in the front and reducible front yard

area, as these structures were installed without the required

permits.

AT-5. BUYER PROTECTION:

The developer shall furnish each prospective purchaser of a lot or

unit a true copy of each of the following documents:

i. The use permit or special development permit as issued

under the provisions of this chapter;

ii. Property report;

iii. Structural pest report;

iv. Building history report;

v. Statement of compliance issued by the Real Estate

Department of the State of California, or its successor document relating to

operating and maintenance funds

during startup.

Mr. Schroeder inquired with the applicant if they had any updates or comments.

Jane Lin, applicant had no updates or comments.

Mr. Schroeder opened the hearing to public comments.

No members of the public wished to speak on this item.

Mr. Schroeder closed the hearing to public comments.

ACTION: Alternative 2 - Approve the Use Permit and Tentative Parcel Map with

modified COAs:

Adding: GC-10 (Tenant Protection), BP-8 (Compliance with Energy Stds), BP-10

(Property Condition Report), BP-11 (Structural Pest Control Rpt), BP-12 (Building

History Report), BP-13 (Utility Distribution Systems), BP-14 (Undergrounding of

Utilities), PM-10 (Final Public Report), PM-11 (Tenant Relocation Plan), PF-12

(Patio Cover and Fence Removal), and AT-5 (Buyer Protection).

Modifying: PM-1.

ADJOURNMENT

Mr. Schroeder adjourned the hearing at 3:18 p.m.