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Zoning Administrator Hearing

Regular Meeting

Sunnyvale, CA · October 29, 2014

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes - Final Zoning Administrator Hearing Wednesday, October 29, 2014 2:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Andrew Miner, Zoning Administrator, called the meeting to order at 2:00 p.m. PUBLIC HEARINGS 1 14-1033 File #: 2014-7800 Location: 1252 Orleans Drive (near E. Moffett Park Drive) (APN: 110-36-010) Applicant / Owner: Bloomenergy (applicant) / Dwf Iii 1252 Orleans, LLC (owner) Proposed Project: VARIANCE to allow mechanical equipment (fuel cells) between the face of building and street. Reason for Permit: A Variance is required to allow mechanical equipment to be located between the face of building and street. Project Planner: Timothy Maier, (408) 730-7257, tmaier@sunnyvale.ca.gov Issues: Location, aesthetics Recommendation: Approve with Conditions Timothy Maier, Assistant Planner, presented the staff report. Mr. Miner verified with Mr. Maier the required number of parking spaces. Mr. Miner opened the public hearing. Brian Baird, Program Manager of Core States Group representing Bloomenergy, requested the temporary screening be allowed for one year. Mr. Miner confirmed with Mike Hawkins, Director of Facilities for Bloomenergy, that this request is due to a planned unveiling of the project once it is completed. Mr. Miner also confirmed with Mr. Baird that no signage has been proposed for placement on the fence around the fuel cells. Mr. Miner and Mr. Maier discussed Condition of Approval (COA) PS-1, and Mr. City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes - Final October 29, 2014 Miner amended it to add the applicant's request to allow the temporary fence for up to one year. Mr. Miner closed the public hearing. ACTION: Mr. Miner approved the Variance subject to the findings and conditions of approval located in the staff report with an added condition that a chain-link fence with white vinyl slats is installed to screen the fuel cells on all sides and may remain for no longer than one year. 2 14-1015 File #: 2014-7804 Location: 301 W. Washington Avenue (APN: 207-07-027) Applicant / Owner: CB Process Corporation / BRE Properties Inc. Proposed Project: SPECIAL DEVELOPMENT PERMIT to allow a wine bar and associated outdoor seating at the ground floor of an apartment complex (Solstice) in Downtown Sunnyvale. Reason for Permit: A Special Development Permit is required for a beer and wine permit for the proposed site in Downtown Specific Plan Block 1a. Project Planner: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov Issues: Compatibility with residential uses, consistency with the Downtown Specific Plan Recommendation: Approve with conditions Shetal Divatia, Senior Planner, presented the staff report. Mr. Miner opened the public hearing. Richard Taylor, co-owner of City Place Wine Bar, said he does not disagree with the findings. Mr. Miner confirmed with Mr. Taylor that he understands COA GC-8 regarding a six month review to address any potential neighborhood compatibility issues. Mr. Miner commented on the security measure being vague, and confirmed with Mr. Taylor that security cameras would be installed throughout the site anyway. Andre Barbe, with CB Process Corporation, described the security video system that will be installed. Mr. Miner said he is going to amend the COA to require the security system throughout the site. Mr. Miner and Mr. Taylor discussed the spaces that are currently leased and those City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes - Final October 29, 2014 that may have outdoor seating. Mr. Miner confirmed with Ms. Divatia that the plans for outdoor seating meet Americans with Disabilities Act (ADA) standards. Mr. Miner closed the public hearing. ACTION: Mr. Miner approved the Special Development Permit subject to the findings and conditions of approval located in the staff report, with a modification to Condition of Approval GC-4 to remove “especially by and in the wine cellar if expensive wines are to be stored on site.” ADJOURNMENT Mr. Miner adjourned the meeting at 2:21 p.m. City of Sunnyvale Page 3

Agenda

City of Sunnyvale Notice and Agenda - Final Zoning Administrator Hearing Wednesday, October 29, 2014 2:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER PUBLIC HEARINGS 1 14-1033 File #: 2014-7800 Location: 1252 Orleans Drive (near E. Moffett Park Drive) (APN: 110-36-010) Applicant / Owner: Bloomenergy (applicant) / Dwf Iii 1252 Orleans, LLC (owner) Proposed Project: VARIANCE to allow mechanical equipment (fuel cells) between the face of building and street. Reason for Permit: A Variance is required to allow mechanical equipment to be located between the face of building and street. Project Planner: Timothy Maier, (408) 730-7257, tmaier@sunnyvale.ca.gov Issues: Location, aesthetics Recommendation: Approve with Conditions 2 14-1015 File #: 2014-7804 Location: 301 W. Washington Avenue (APN: 207-07-027) Applicant / Owner: CB Process Corporation / BRE Properties Inc. Proposed Project: SPECIAL DEVELOPMENT PERMIT to allow a wine bar and associated outdoor seating at the ground floor of an apartment complex (Solstice) in Downtown Sunnyvale. Reason for Permit: A Special Development Permit is required for a beer and wine permit for the proposed site in Downtown Specific Plan Block 1a. Project Planner: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov Issues: Compatibility with residential uses, consistency with the Downtown Specific Plan Recommendation: Approve with conditions City of Sunnyvale Page 1 Printed on 10/24/2014 Zoning Administrator Hearing Notice and Agenda - Final October 29, 2014 ADJOURNMENT Agenda information is available by contacting The Planning Division at (408) 730-7440. Agendas and associated reports are also available on the City’s web site at sunnyvale.ca.gov or at the Sunnyvale Public Library, 665 W. Olive Ave., Sunnyvale, 72 hours before the meeting. PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing to the City at or before the public hearing. PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Planning Division at (408) 730-7440. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (29 CFR 35.106 ADA Title II) City of Sunnyvale Page 2 Printed on 10/24/2014

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