Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, April 15, 2015 2:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER PUBLIC HEARINGS 1 15-0406 File #: 2015-7044 Location: 1220 Oakmead Parkway (APN: 216-44-048 ) Applicant / Owner: Edward F. Caropepe (applicant) / TW Ireland (owner) Proposed Project: USE PERMIT to allow general alcohol sales at an existing pizza restaurant that currently allows sale of beer and wine. Reason for Permit: A Use Permit is required for a restaurant that have on sale general alcohol beverage service. Project Planner: Jonathan Caldito, (408) 730-7452, jcaldito@sunnyvale.ca.gov Issues: Parking Recommendation: approve with conditions In attendance: Edward F. Caropepe, Applicant; Andrew Miner, Zoning Administrator; Jonathan Caldito, Project Planner; Joey Mariano, Senior 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. Jonathan Caldito, Project Planner, presented the staff report and stated the Use Permit is to allow general alcohol sales at an existing pizza restaurant which currently allows sale of beer and wine. He further noted the parking requirements are met with the standard 50 spaces. He then recommended approving the permit with the recommendations of staff, noting the conditions of approval in Attachment 2. He further stated that the alcohol service will be applied to the entire restaurant and not just the bar area. City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes April 15, 2015 Mr. Miner opened the public hearing. Edward Caropepe, applicant, received and reviewed a copy of the staff report and noted the Round Table has been at this location for years. He stated corporate staff is adding new concepts to meet customer demand and one aspect of that is by adding alcohol. Mr. Miner asked if the ABC license requires food service. Mr. Caropepe answered yes. Mr. Miner clarified with the applicant there would be a separate area for drinks as well as service to the entire restaurant. He also stated yes. Mr. Miner closed the public hearing. The Zoning Administrator approved the application subject to the findings and conditions of approval located in the staff report. A condition was added stating the bar and restaurant shall have the same hours of operation as the current business hours of 10:30 a.m. to 11:30 p.m. 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. Minutes approved by: Andrew Miner Principal Planner 2 15-0424 File #: 2015-7052 Location: 707 Kifer Road (APN: 205-44-023) Applicant / Owner: David Whitney Architects, Inc. (applicant) / Walton San Gabriel Owner VI, LLC (owner) Proposed Project: USE PERMIT to allow a 10-foot tall perimeter fence at an industrial campus. Reason for Permit: A Use Permit is required to allow front yard fences to exceed 6 feet in height and rear yard fences to exceed 8 feet in height. Project Planner: Noren Caliva-Lepe, (408) 730-7659, ncaliva-lepe@sunnyvale.ca.gov Issues: Visual impacts Recommendation: Approve with conditions In attendance: David Whitney, Applicant; John Noori, Applicant; Andrew Miner, Zoning Administrator; Noren Caliva-Lepe, Projecet Planner; Joey Mariano, Senior Staff Office Assistant. Mr. Andrew Miner, Zoning Administrator, on behalf of the Director of Community City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes April 15, 2015 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 noted a portion of the fence is adjacent to the Santa Clara Valley Water District (SCVWD0. Additional landscaping is recommended by staff along the property line. Mr. Miner opened the public hearing. David Whitney, Applicant, received and reviewed a copy of the staff report and mentioned the project is to create a secure environment for an R&D campus, deterring public access. It also includes an employee courtyard. Mr. Miner noted there are no issues with the interior fence and gating. He asked if the rear is only accessed for emergency purposes only. Mr. Whitney affirmed. Mr. Miner asked the applicant if they are removing the existing fence along the creek, which is only 2 feet below their proposed fence. He also asked if anything could be done to use the existing fence to raise it to the desired height. Mr. Whitney noted their structural staff stated it would not be feasible as they would like to raise the height to 10 feet. Mr. Miner asked who would be responsible for the removal of the adjacent fence. Ms. Caliva-Lepe noted that her understanding is the existing fence is the applicant’s responsibility and has been constructed illegally. Mr. Miner asked if there is something the applicant can do to maintain the current fence yet build their proposed fence behind it. He stated that he will take this item under advisement and figure out the options to resolve this concern. Mr. Miner clarified the fence in question is the one along the SCVWD side, approximately 50 feet long. He then noted another issue regarding landscaping. John Noori, Applicant, explained the parking and landscaping proposal. Mr. Miner noted he would like to move the fence back behind the landscaping, elimination one parking space as they have sufficient parking. Moving the fence back would improve the aesthetics with more landscaping. Mr. Noori stated that the location of the fence is not the problem. Ms. Caliva-Lepe stated she will work with the applicant with the specifics of the fence location and return with information for the Zoning Administrator. Mr. Whitney asked staff about the landscaping issue. Ms. Caliva-Lepe mentioned it is staff’s opinion to add additional landscaping as it is more aesthetically pleasing. City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes April 15, 2015 Mr. Miner closed the public hearing. The Zoning Administrator took the application under advisement until Monday, April 20, 2015. He noted that staff will work with the applicants in regards to fence location and landscaping. On that date, the applicant submitted a revised site plan addressing the Zoning Administrator concerns by moving the fence further away from the street, left the existing vine-covered fence along the creek in place from the street to the entry gate, and moved the fence back along Kifer Road to maintain existing landscaping. The Zoning Administrator approved the project, as amended, subject to the findings and conditions of approval located in the staff report. 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. Minutes approved by: Andrew Miner Principal Planner ADJOURNMENT 2:30 P.M. City of Sunnyvale Page 4