Zoning Administrator Hearing
Regular MeetingSunnyvale, CA · July 15, 2015
Minutes
City of Sunnyvale
Meeting Minutes
Zoning Administrator Hearing
Wednesday, July 15, 2015 3:00 PM West Conference Room, City Hall, 456 W.
Olive Ave., Sunnyvale, CA 94086
CALL TO ORDER
Andrew Miner, Principal Planner, called the meeting to order at 3:00p.m.
PUBLIC HEARINGS
File #: 2015-7399
Location: 777 Sunnyvale-Saratoga Road (APN: 201-36-002)
Applicant / Owner: Ware Malcomb (applicant) / Mardit Properties, LP
(owner)
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow an approximately
11,600 square foot new commercial building (grocery store) on
an existing commercial site. The project replaces a portion
(approx. 7,599 s.f.) of the Orchard Supply Hardware building
and storage area.
Reason for Permit: A Special Development Permit is required for
new retail uses greater than 10,000 s.f.
Project Planner: Ryan Kuchenig, (408) 730-7431,
rkuchenig@sunnyvale.ca.gov
Issues: Vehicular circulation, architecture
Recommendation: Approve the Special Development Permit subject
to recommended Conditions of Approval.
Ryan Kuchenig, Senior Planner, presented the staff report. Mr. Kuchenig made a
special note regarding minor changes recommended by the staff to the Conditions
of Approval. These included PS-1, PS-3, EP-20 and the size of the trash enclosure.
Mr. Miner suggested revising the wording regarding driveway depth to satisfy
Public Works.
Mr. Miner and Mr. Kuchenig discussed the amount of street lights that will be
required. Mr. Kuchenig stated that some are currently in place and any additional
upgrades will be determined by a photometric analysis.
Mr. Miner and Mr. Kuchenig discussed the reconfiguration and landscaping of the
parking lot.
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Zoning Administrator Hearing Meeting Minutes July 15, 2015
Mr. Miner requested a clarification of the hours of operation and Mr. Kuchenig
suggested asking the applicant.
Mr. Miner and Mr. Kuchenig discussed the north drive-aisle with specifics to be
clarified by the applicant.
Mr. Miner opened the public hearing.
Roger Bernstein, Oppidan Investment Company and representative for the
applicant, stated that he had read the staff report and Conditions of Approval and is
in aggreement with most of the conditions, but wished to discuss PS-3, the revised
circulation plan. He stated that a short form traffic study had been conducted and
in their estimation, the proposed change to close the driveway between the
adjacent property to the north and the subject site would not impact current traffic
flow. Mr. Bernstein described how the business would operate and the reasons for
the suggested circulation. Mr. Bernstein stated that the hours of operation were
consistent with Orchard Supply Hardware. He stated that the entire parking lot
would be resurfaced and restriped. Mr. Bernstein stated that a photometric
analysis would be conducted to see if further lighting would be required.
Drew Johnson, Oppidan Investment Company, clarified the reasoning for the
suggested traffic revision.
Mr. Miner clarified with Mr. Bernstein and Mr. Johnson the business operation.
Mr. Miner confirmed with Mr. Bernstein the number of parking spaces and stated
his concerns about overflow needs. Mr. Bernstein and Mr. Johnson stated that
there was plenty of overflow and scheduling software would allow for customer
management. Mr. Miner clarified with Mr. Bernstein that this was a pick-up hub
only and that customers would be allowed to walk in to pick-up purchases as well
as drive thru. Anthony Cataldo, Ware Malcomb Architects, clarified the use of the
pick-up stalls.
Mr. Miner clarified with Mr. Bernstein the reasons for their proposed traffic
circulation request. Mr. Miner suggested that the two way traffic direction be limited
to one way from the north to the subject site.
Mr. Miner clarified with Mr. Cataldo the use of the feature graphic element on the
site plans and stated it would be subject to the sign code requirements.
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Zoning Administrator Hearing Meeting Minutes July 15, 2015
Mr. Miner clarified with Mr. Cataldo that roof equipment would not extend above the
roof line regardless of site lines.
Mr. Miner clarifed with Mr. Kuchenig and Mr. Cataldo the number of bike spaces
combined on the site and the requirement that all spaces be indicated on plans.
Mr. Miner indicated that the landscaping requirements include the area along the
southern property line of the site portion and were to be maintained and trees
added, if necessary.
Mr. Miner clarified the lighting plan and photometric plan with Mr. Cataldo.
Mr. Miner clarified with Mr. Bernstein store hours and hours employees would be
on site. Mr. Miner clarified that delivery hours were during the day 7a.m. to 10p.m.
Mr. Miner clarified that construction requirements must be adhered to in order to
not impact nearby residents.
Mr. Miner opens meeting to public input.
Mr. John Prodan, resident adjacent to property, asked about entrances to the site
and if lighting would be on all night. Mr. Miner clarified with Mr. Prodan that the
current entrances to the property will be maintained and that the lighting will be as
non intrusive as is allowed.
Galit Allen, Community Manager for Cherry Orchard Apartments, asked how long
and when construction was going to begin. Mr. Bernstein indicated that if approved,
coonstruction would begin within a few weeks and last until December.
Ms. Allen, asked for a guarantee of delivery hours. Mr. Miner suggested an
ammendment to the Conditions of Approval that prohibits delivery trucks from being
on site unless it's during delivery hours.
Ms. Allen inquired when the tenant identity might be disclosed. Mr. Bernstein
indicated it would be soon.
Mr. Miner, Mr. Kuchenig, Mr. Bernstein and Mr. Cataldo discussed the possbilites
of site conversion to a standalone building and parking should the proposed
business vacate in the future.
Nicholas De Torres, Ware Malcomb Architects,asked for Mr. Miner's thoughts on
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Zoning Administrator Hearing Meeting Minutes July 15, 2015
the traffic study. Mr. Miner discussed with Mr. Kuchenig, Mr. Bernstein and Mr.
Johnson the need for the drive aisle to remain open even if it's only one way.
Mr. Miner closed the public hearing.
ACTION: Approved the Special Development Permit with modifications:
1) Add landscaping and trees along south side of parking area adjacent to
residential units as needed to soften the transition between the two uses.
2) Add a one-way driveway allowing traffic from north property to subject site.
3) Clarify condition for on-site lighting that a one foot candle lighting level shall be
met
ADJOURNMENT
Mr. Miner adjourned the meeting at 3:43 p.m.
City of Sunnyvale Page 4
Agenda
City of Sunnyvale
Notice and Agenda - Final
Zoning Administrator Hearing
Wednesday, July 15, 2015 3:00 PM West Conference Room, City Hall, 456 W.
Olive Ave., Sunnyvale, CA 94086
CALL TO ORDER
PUBLIC HEARINGS
15-0688 File #: 2015-7399
Location: 777 Sunnyvale-Saratoga Road (APN: 201-36-002)
Applicant / Owner: Ware Malcomb (applicant) / Mardit Properties, LP
(owner)
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow an approximately
11,600 square foot new commercial building (grocery store) on
an existing commercial site. The project replaces a portion
(approx. 7,599 s.f.) of the Orchard Supply Hardware building
and storage area.
Reason for Permit: A Special Development Permit is required for
new retail uses greater than 10,000 s.f.
Project Planner: Ryan Kuchenig, (408) 730-7431,
rkuchenig@sunnyvale.ca.gov
Issues: Vehicular circulation, architecture
Recommendation: Approve the Special Development Permit subject
to recommended Conditions of Approval.
City of Sunnyvale Page 1 Printed on 7/10/2015
Zoning Administrator Hearing Notice and Agenda - Final July 15, 2015
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 7/10/2015
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