Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes - Final Zoning Administrator Hearing Wednesday, May 13, 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 City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes - Final May 13, 2015 15-0481 File #: 2014-7946 Location: 727/731 S. Wolfe Road (APNs: 211-05-030, 211-05-031) Applicant / Owner: Athidhi (applicant) / Wolfe Reed Properties LLC (owner) Proposed Project: USE PERMIT to allow an expansion of an existing banquet hall space at 727 South Wolfe Road (Athidhi Banquet Hall) into a vacant, 1,711 square foot tenant space located at 731 South Wolfe Road. Reason for Permit: A Use Permit is required for new place of assembly uses within the C-1 zoning district. Project Planner: George Schroeder, (408) 730-7443, gschroeder@sunnyvale.ca.gov Issues: Parking and neighborhood compatibility. Recommendation: Approve with conditions George Schroeder, Associate Planner, presented the staff report. He noted that the permit is to allow an expansion of an existing banquet hall space at 727 South Wolfe Road (Athidhi Banquet Hall) into a vacant, 1,711 square foot tenant space located at 731 South Wolfe Road. He further noted that beer and wine service is proposed, which the applicant understands that the proper permit from the Alcohol and Beverage Control (ABC) needs to be obtained prior to the service. He then noted the hours of operation and the maximum occupancy of 83 persons for the banquet space. He also noted a high parking demand within the shopping center on weekdays. He noted that he explained to the applicant that the use of the banquet hall is for weekend operations only since there is sufficient parking supply to accomodate the demand. He said that there are no complaints or significant parking impacts and staff has recommended the applicant to restripe an area of the parking lot for easier visibility of the parking spaces. Staff recommends approval of the project. Andrew Miner, Zoning Administrator, clarified Condition of Approval AT-2(a), and should be corrected to "The hours of operation are limited to 10:00 a.m. to 10:30 p.m.". Sam Jagarlamudi, owner, acknowledged his receipt of the staff report proposal. Mr. Miner asked the applicant if there was construction at the space at this time. Mr. Jagarlamudi noted that the landlord is repairing a leak, and a beam has dropped which is being repaired. Mr. Miner noted that there seems to be construction at the premises between the City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes - Final May 13, 2015 Chinese restaurant and his space and if he is aware of it and what the construction is for. He re-iterated his concern and clarified the specific location of construction. He then noted that there are no current building permits on file, and if there is construction happening, then the proper permits need to be obtained, if needed. Mr. Miner noted that the existing banquet space was being used as a restaurant during his site visit and asked Mr. Jagarlamudi how long this has been occuring. Mr. Jagarlamudi replied that he has used it just for a couple of days. Mr. Miner asked Mr. Jagarlamudi if he is planning to relocated the restaurant to the banquet location in order to combine the banquet spaces. He also asked if the food service for the banquets will be exclusive from the restaurant. Mr. Jagarlamudi replied that the restaurant will not relocate and the patrons of the banquet may or may not order food from the restaurant, and that they will have an option to bring outside food service. Mr. Miner noted that some landscaping will be needed on the sidewalk in front of his space and the windows will need acceptable covering for the public. He noted that the existing windows do not look aesthetically pleasing to the public and wants to see some renovations to the window treatments. Mr. Miner stated his concern about the trash enclosures, as he consulted with Public Works regarding the capacity of the trash enclosure for the restaurant and banquet hall. He noted that the trash enclosure location need to be screened from public view. ACTION: Mr. Miner took the proposal under advisement to Wednesday May 20, 2016 and directed staff to work with the applicant to determine if permits are needed for the construction, check with Public Works if the trash enclosure is suitable for the current and proposed uses, to work with the applicant to screen the garbage enclosure, and to work with the applicant regarding the window treatments. ADDENDUM: Wednesday, May 20, 2015. The applicant shall immediately stop all construction work and consult with the City's Building Division on obtaining the applicable permits for the building repair work observed by the Zoning Administrator. City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes - Final May 13, 2015 Landscaping shall be installed in the dirt area on the west side of the entrance to the Athidhi Indian Cuisine restaurant at 727 S Wolfe Road. The final details shall be reviewed and approved by Planning Division staff prior to building permit issuance. The window shade treatments for the proposed banquet hall shall be consistent with the window shade treatments at the Athidhi Indian Cuisine restaurant at 727 S. Wolfe Road. Existing window curtains at the Athidhi Banquet Hall at 882 Old San Francisco Road shall be replaced with the window shade treatments for the restaurant, in order to be consistent with all Athidhi businesses in the shopping center. The final details shall be reviewed and approved by Planning Division staff prior to building permit issuance. The trash enclosures serving the Athidhi restaurant and banquet halls shall be upgraded to City standards. It is estimated that the businesses in total will need to provide adequate trash enclosure space to accommodate four 3-cubic yard garbage bins and four 3-cubic yard recycling bins. The applicant shall consult with the City's Planning Division and Public Works Department to finalize the details prior to building permit issuance. ACTION: The applicant has been advised of the additional requirements and will report back to Planning Division staff by June 3, 2015 prior to the Zoning Administrator's final decision ADDENDUM: Mr Miner approved Planning Project 2014-7946 with modifications to Condition of Approval PC-1, as follows: PC-1. REQUIRED REVISIONS TO PROJECT PLANS: The plans shall be revised to address requirements from the Administrative Hearing Officer including the following: a) Landscaping - Landscaping shall be installed in the dirt area on the west side of the entrance to the Athidhi Indian Cuisine restaurant at 727 S Wolfe Road. The final details shall be reviewed and approved by Planning Division staff prior to building permit issuance. b) Window Shade Treatments - The window shade treatments for the proposed banquet hall shall be consistent with the window shade treatments at the Athidhi Indian Cuisine restaurant at 727 S. Wolfe Road. Existing window curtains at the City of Sunnyvale Page 4 Zoning Administrator Hearing Meeting Minutes - Final May 13, 2015 Athidhi Banquet Hall at 882 Old San Francisco Road shall be replaced with the window shade treatments for the restaurant, in order to be consistent with all Athidhi businesses in the shopping center. The final details shall be reviewed and approved by Planning Division staff prior to building permit issuance. c) Trash Enclosure Upgrades - The trash enclosures serving the Athidhi restaurant and banquet halls shall be upgraded to City standards. The following upgrades are required: i) Trash enclosure #1 (slatted cyclone fencing) requires operational repairs and aesthetic upgrades. The slats shall be replaced to match the white/gray slats of the adjacent trash enclosures. Any broken cyclone fencing sections shall be replaced. The enclosure doors shall be fully operational and able to be easily opened and closed to allow movement of the cardboard bin in and out of the enclosure. The size is sufficient and will house the one 3 cubic yard cardboard recycling bin. ii) Trash enclosure #2 (masonry walls) requires operational repairs and aesthetic upgrades. The enclosure doors shall be fully operational and able to be easily opened and closed to allow movement of the garbage bins in and out of the enclosure. The bottom hinges are currently broken on both doors and shall be repaired. In addition, parts of the metal door frame shall be repaired. The doors shall also be repainted. The size is sufficient and will house the two 3 cubic yard refuse bins. The bin sizes can be increased in the future to the 4 cubic yard option in order to maintain a maximum of 3x/week collection service. iii) The asphalt in between trash enclosure #1 and trash enclosure #2 is in very poor shape and shall be repaved to allow the cardboard bin to be easily pushed to and from trash enclosure #1. iv)A concrete stress pad is required where the cardboard bin will be staged for collection, to prevent damage to the asphalt. The stress pad must be correctly oriented and allow the bin and front wheels of the collection vehicle to rest upon it during collection. 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 Mr. Miner adjourned the hearing at 3:21 p.m. City of Sunnyvale Page 5