City of Sunnyvale
Excerpt Meeting Minutes - Draft
Planning Commission
7:00 PM Online Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Monday, February 13, 2023
Special Meeting: Study Session - Canceled | Public Hearing - 7:00 PM 7 P.M. PLANNING COMMISSION MEETING
CALL TO ORDER
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on February 7, 2023.
Chair Pyne called the meeting to order at 7:00 PM.
ROLL CALL
Chair Martin Pyne
Vice Chair Nathan Iglesias
Commissioner Daniel Howard
Commissioner Michael Serrone
Commissioner Neela Shukla
Commissioner Carol Weiss
Present: 6 -
Commissioner John HoweAbsent: 1 -
Commissioner Howe’s absence is excused.
PUBLIC HEARINGS/GENERAL BUSINESS
2. 23-0148 Forward a Recommendation to City Council to Adopt a Resolution to:
Abolish the Board of Building Code Appeals; Introduce an Ordinance to Amend Sunnyvale Municipal Code Chapter 19.39 (Green Building Regulations) and Various Sections of Title 16 (Buildings and Construction) Related to the Board of Building Code Appeals and to Update the Title of the Person Charged with the Administration and Enforcement of Specified Building Codes; and Find that These Actions are Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15378(b)(5)
Attachment 11
February 13, 2023Planning Commission Meeting Minutes - Draft City Clerk David Carnahan presented the staff report.
Chair Pyne confirmed with City Clerk Carnahan that, according to state law, appeals of Building Code decisions are heard by a local appeals board. If none exists, the governing body of the City, in this case the City Council, will serve as the local appeals board. City Clerk Carnahan added that all other appeals of Title 19 of the Sunnyvale Municipal Code (SMC) will be heard by the Planning Commission.
Vice Chair Iglesias clarified with City Clerk Carnahan that the only difference between Alternatives 1 and 2 is that Alternative 2 also includes any modifications recommended by the Planning Commission.
Commissioner Howard commented that the Planning Commission might consider approving Alternative 2 with the modification that the Planning Commission may or may not serve as the local appeals board in place of the City Council.
Chair Pyne opened the Public Hearing.
There were no public speakers for this agenda item.
Chair Pyne closed the Public Hearing.
Commissioner Shukla discussed with City Clerk Carnahan why the Board of Building Code Appeals is being dissolved and replaced by the City Council as the City’s local appeals board.
MOTION: Commissioner Weiss moved and Commissioner Howard seconded the motion to approve Alternative 1 – Recommend that City Council: Adopt a Resolution to Abolish the Board of Building Code Appeals (Attachment 8 to the Report); Introduce an Ordinance to Amend Sunnyvale Municipal Code Chapter 19.39 (Green Building Regulations) and Various Sections of Title 16 (Buildings and Construction) Related to the Board of Building Code Appeals and to update the title of the person charged with the administration and enforcement of specified building codes (Attachment 7 to the Report): and Find that these Actions are Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15378(b)(5).
Commissioner Weiss stated that Building Code appeals are rare and we should recognize the City Council’s willingness to hear and resolve them in the rare
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February 13, 2023Planning Commission Meeting Minutes - Draft instances they arise moving forward.
Commissioner Howard noted that the Board of Building Code Appeals has not met to consider an appeal in well over 20 years.
Chair Pyne spoke in overall support of the motion.
The motion carried by the following vote:
Yes: Chair Pyne
Vice Chair Iglesias
Commissioner Howard
Commissioner Serrone
Commissioner Shukla
Commissioner Weiss
6 -
No: 0
Absent: Commissioner Howe1 -
This recommendation will be forwarded to the City Council for consideration at the March 21, 2023 meeting.
Attachment 11