Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, January 29, 2014 2:00 PM Lobby Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER PUBLIC HEARINGS 14-0143 File #: 2013-7992 Location: 1366 S. Wolfe Road (APNs: 313-01-008) Applicant / Owner: Diep Ngoc Nguyen Proposed Project: VARIANCE to allow a 16-foot front yard setback where 20 feet is required and 10-foot combined side yard setback where 11 feet is required, for a one-story single-family addition. Reason for Permit: A Variance is required for setback deviations. Project Planner: Noren Caliva-Lepe, (408) 730-7659, ncaliva-lepe@sunnyvale.ca.gov Issues: Setbacks and architecture Recommendation: Approve the variance for the front addition and deny the variance for the rear addition In attendance: Norman Mahon, Applicant; Andrew Miner, Zoning Administrator; Noren Caliva-Lepe, Project Planner; Luis Uribe, Staff Office Assistant. Mr. Andrew Miner, Zoning Administrator, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing. Mr. Miner announced the subject application. Noren Caliva-Lepe, Project Planner, presented the item and stated that the applicant is proposing an addition to the front and back of the home. Staff is able to recommend approval on the Variance to the front addition but not the addition to the back of the house. Staff is recommending that the carport in the front be fully enclosed to be used as a garage. Mr. Miner asked staff why there is a requirement to have a garage as opposed to the existing carport; Ms. Caliva-Lepe stated that is was for an architectural compatibility issue and is just a recommendation. City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes January 29, 2014 Mr. Miner opened the public hearing. Norman Mahon, Applicant, received a reviewed a copy of the staff report. Mr. Mahon had some general questions regarding set-backs, staff addressed the issues. Mr. Miner gave an in-depth explanation as to how the set-back requirements work. Ms. Caliva stated that the applicant will not have to make any adjustments to the roof if one foot of the addition was to be removed. Mr. Miner closed the public hearing. Mr. Miner approved the front yard setback Variance subject to the findings and conditions of approval located in the staff report and denied the Variance request for the one-foot portion of the addition in the side yard setback at the back of the home. Mr. Miner stated that the decision is final unless appealed to the Planning Commission with payment of the appeal fee within the 15-day appeal period. This item was adjourned. 14-0149 File #: 2013-8033 Location: 1177 Kern Avenue (APNs: 205-23-010) Applicant / Owner: Off the Grid Services LLC / Sports Basement Proposed Project: USE PERMIT to allow a mobile food truck event of 10 food trucks to occur once a week on the Sports Basement property. Reason for Permit: A Use Permit is required to allow more than 3 food trucks on one property. Project Planner: Elise Lieberman, (408) 730-7443, elieberman@sunnyvale.ca.gov Issues: Use, Parking Recommendation: Approve with Conditions In attendance: Ben Himlan, Applicant; Andrew Miner, Zoning Administrator; Elise Lieberman, Project Planner; Luis Uribe, Staff Office Assistant. Mr. Andrew Miner, Zoning Administrator, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing. Mr. Miner announced the subject application. Elise Lieberman, Project Planner, presented the item. Applicant originally City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes January 29, 2014 applied for a Special Events Permit which allowed other departments to review the application and their conditions have been added to the report. No comments from the public have been received and staff recommends approval. Mr. Miner made a correction for a condition in regards to beer and wine consumption. Mr. Miner opened the public hearing. Ben Himlan, Applicant, received and reviewed a copy of the staff report. Mr. Himlan stated that music will be played at this event between the hours of 6-8 p.m. The applicant stated that they have no plans to provide alcohol at this event. He also mentioned that he had some concerns regarding the conditions of approval but was able to work things out with the Project Planner. Mr. Himlan stated that The Sports Basement has put on other events allowing extra parking spaces for overflow. He also mentioned that they are working on the parking agreement and they hope to launch on the first Thursday in March. Mr. Himlan stated that they have no objection to a condition restricting the number of chairs to 60. Mr. Miner clarified that chairs cannot be added to accommodate customers due to the parking requirements. Mr. Miner inquired about the lighting, the Applicant stated that lighting is used to create an ambiance and will hang from 9ft poles with a 50 pound base. The mobile vendor vehicles have additional lighting on their awnings and they also provide flood lights and additional lighting incase lighting on a truck is inoperable. The Zoning Administrator stated that lighting will not be allowed on the fence and mentioned that The Sports Basement currently has two un-permitted storage units on-site. Mr. Miner stated that he will be taking this application under advisement until a solution can be worked out with The Sports Basement regarding the trailers and the trash enclosure. The applicant stated that they will be providing trash and recycling bins. The applicant will be responsible for the recycling while trash will be thrown in trash bins on-site. Mr. Miner, Ms. Lieberman and the applicant discussed the amount of chairs, the restrictions and that the applicant will need to come in to ask for additional seating if needed. Mr. Miner added wording to condition GC-2 adding that the use shall expire after one year from the commencement of the operation. Mr. Miner closed the public hearing. The Zoning Administrator took the application under advisement. On Wednesday, February 12, 2014, the application was approved subject to the City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes January 29, 2014 findings and the conditions of approval located in the staff report including the changes to the conditions that were discussed at the hearing. Mr. Miner modified condition AT-9 that a Use Permit (depending on the type of alcohol sales) must be applied for if alcohol sales are considered in the future. He added condition AT-11 regarding temporary storage for Sports Basement and added condition AT-12 regarding the solid waste enclosure. Mr. Miner stated that the decision is final unless appealed to the Planning Commission with payment of the appeal fee within the 15-day appeal period. ADJOURNMENT The meeting was adjourned at 2:41 p.m. City of Sunnyvale Page 4