Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes - Final Zoning Administrator Hearing Wednesday, April 29, 2015 3:00 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 3:00 p.m. PUBLIC HEARINGS 15-0462 File #: 2015-7154 Location: 155 S. Frances Street (APN: 209-07-026) Applicant / Owner: Elaine Ellefsen (applicant) / BRE Properties, Inc. (owner) Proposed Project: SPECIAL DEVELOPMENT PERMIT to allow a recreational and athletic facility in the ground floor of the mixed-use Solstice development, located in the City’s Downtown Specific Plan area. Reason for Permit: A Special Development Permit is required for recreational and athletic facilities within Downtown Specific Plan Block 1A. Project Planner: Timothy Maier, (408) 730-7257, tmaier@sunnyvale.ca.gov Issues: Noise impacts Recommendation: Approve with conditions Timothy Maier, Assistant Planner, presented the staff report and recommended that the hours of operation be limited to 6:00 a.m. to 9:00 p.m. Mr. Miner confirmed with Mr. Maier that this space was intended for retail use and discussed the intent of the noise study, which is recommended for completion prior to the issuance of building permits. Mr. Miner opened the public hearing. Elaine Ellefsen, the project applicant, said she is amenable to the sound study and that Solstice Essex has offered to provide their sound engineer for testing. Ms. Ellefsen also said she is flexible on the recommended hours of operation, but inquired as to what the concern is that warrants the limitation and whether there will be an option to extend those hours. City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes - Final April 29, 2015 Mr. Miner noted that the concern regarding the hours of operation is that the site is immediately adjacent to residential uses, and that there may be activity creating noise during a time when residents are asleep. Mr. Maier added that he modeled the hours of operation after currently operating Flywheel Sports in downtown Sunnyvale. Mr. Miner confirmed with Mr. Maier that there have been no complaints about Flywheel Sports. Mr. Miner and Mr. Maier also discussed adding a Condition of Approval (COA) that would allow the applicant to apply for a Miscellaneous Plan Permit (MPP) to extend the hours of operation after the business has been operating for a certain amount of time. Ms. Ellefsen said that she would like to have the MPP option in the future if classes begin filling up and the operating hours need to be extended to accommodate more people and more classes. John Rowden, the project applicant, confirmed with Mr. Miner that the hours of operation are the hours during which the business will be open to the public, and confirmed with Mr. Maier that there is no concern regarding people arriving for class ten minutes prior to the 6:00 a.m. opening. Mr. Miner verified with Mr. Rowden that classes accommodate up to 24 people, and discussed with Ms. Ellefsen whether two showers will be adequate. Mr. Miner confirmed with Ms. Ellefsen that classes have lead instructors and that half of the attendees will work on the treadmills while the other half will work on row machines and then swap. Mr. Miner approved the Special Development Permit with the added condition that the hours of operation shall be limited to standard hours of 6:00 a.m. to 9:00 p.m. for six months, after which the applicant may apply for a Miscellaneous Plan Permit to extend the hours of operation. Mr. Rowden further discussed with Mr. Maier the process for conducting a noise analysis prior to being issued building permits. ACTION: Mr. Miner approved the Special Development Permit with the added condition that the hours of operation shall be limited to standard hours of 6:00 a.m. to 9:00 p.m. for six months, after which the applicant may apply for a Miscellaneous Plan Permit to extend the hours of operation. ADJOURNMENT City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes - Final April 29, 2015 Mr. Miner adjourned the hearing at 3:20 p.m. City of Sunnyvale Page 3