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Zoning Administrator Hearing

Regular Meeting

Sunnyvale, CA · January 27, 2016

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, January 27, 2016 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Gerri Caruso, Principal Planner, called the meeting to order at 3:05 p.m. PUBLIC HEARINGS File #: 2015-8109 Location: 1170 Kern Avenue (APN: 205-24-012 ) Applicant / Owner: Shiv Durga Temple / Kerav LLC Proposed Project: USE PERMIT to allow a community-serving Place of Assembly (POA) in an existing industrial building in M-S/POA zoning district. Reason for Permit: A Use Permit is required to allow a Community Serving-Place of Assembly (POA) in the Industrial and Service zoning district (M-S) with Place of Assembly (POA) combining district. Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Issues: Compatibility with adjacent industrial zone uses, Parking Recommendation: Approve with Conditions Ms. Caruso asked if Aastha Vashist, project planner, had additonal comments. Ms. Vashist presented the project, stating that the site currently has 143 parking spaces where 167 are required. She clarified a community place of assembly permit warrants a parking adjustment due to complimentary peak hours of the users. Ms. Vashist stated the site has multiple tenants with peak hours for the temple anticipated to be after 5 p.m. on weekdays and weekends, justifying the parking adjustment. Ms. Vashist recommended a condition of approval requiring special events with anticipated 250 patrons to be held after 5 p.m. on weekdays or on weekends. Ms. Vashist recommendded approval for the use permit with the recommended conditons of approval. Ms. Caruso clarified that there are three tenants including the applicant. Ms. Caruso clarified with Ms. Vashist about special condition GC-6 - Place of Assembly City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes January 27, 2016 that all currant and surrounding tenants within 1000 feet had been noticed. Ms. Vashist stated there were no additonal comments from the public. Ms. Caruso opened the hearing to the applicant. Krishna Pandey, applicant, discussed the relocation of the Temple and that the proposed activities are simlar to the previous tenants activites. Ms. Caruso clarified with Mr. Panday the previous tenant and its activities. Ms. Caruso clarified with Mr. Pandey that special condition GC-6 will require a Community Event permit be acquired before special events with guests beyond the regular temple congregation. She stated such permits can take a few months to be completed and for events that occur yearly, applicants should be able to anticipate when to file.Ms. Caruso clarified that permits for smaller events that require use of the parking lot can be processed by the Planning division and will take approximately 30 days. Ajaya Gummadi, temple volunteer, stated special events are family events with 3 or 4 persons per vehicle anticipated and should not cause a large amount of vehicle overflow. Ms. Caruso stated that the city appreciates when applicants are sensitive to their surroundings. Ms. Carso clarified with the applicant the permit process and that the city will require extra time to process a Community Event permit. Ms. Caruso clarified with Mr. Pandey if he had read the staff report. Ms. Caruso stated no additonal conditions would be added. Jim Davis, City of Sunnyvale Council Member, stated the Temple would be a great addition to the city. Ms. Caruso asked if the applicants had questions about the conditions of approval. Ms. Caruso, Mr. Pandey, and Ms. Gummadi discussed AT-8 - Parking lot maintnance and if the responsibility to restripe the parking lot should be shared by all tenants.Ms. Caruso clarified with Ms. Gummadi if the landlord had designated a portion of the parking lot to the applicant or if all tenants shared. Ms. Caruso clarified with Ms. Vashist that a parking plan had been drafted. Ms. Caruso stated that the applicant will have to inquire with the landlord on whether the restriping requirements can be extended to all tenants. Ms. Caruso clarified with Ms. Gummadi the encroachment permit (GC-8) applies to City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes January 27, 2016 all work done on or next to public streets. Mr. Pandey clarifies that there are no requirements of streetwork listed in the conditions. Ms. Caruso clarified condition EP-1 Upgrade of existing public improvements, stating any improvements on city owned property would require an encroachment permit. She stated improvements inside a building are made as part of the tenant improvement permit. Ms. Caruso clarified condition EP-3 Seperate Fire Protection Line stating the applicant is required to upgrade a fire connection in the building. She noted plans should be submitted to the Fire division to determine that safety guidelines have been met. Ms. Caruso clarified conditon EP-4 Water Meter stating the process for submission of plans and reports was the same as EP-3. Ms. Caruso stated health and safety code verfication would be the responsibility of each city division. Ms. Caruso clarified with Mr. Pandey that plan submission should happen early in case redesign is necessary. Mr. Pandey and Ms. Gummadi discussed the changes to the building and indicated no structural changes were planned. Ms. Caruso reiterated the importance of contacting the necessary divisions for permits at an early stage. Ms. Gummadi inquired why so many divisions needed addressing. Ms. Caruso stated the Building division would determine the tenancy classification under the building code. Ms. Caruso stated she will visit the site to determine if the parking upgrades are necessary. Ms. Caruso closed the public hearing. ACTION: Ms. Caruso took the item under advisement until Friday, January 29 to allow time to visit the site. ADDENDUM: Thursday, January 28th, 2016, Ms. Caruso approved the project including the parking adjustments subject to the findings and conditions of approval located in the staff report with the following revision Condition AT-1 edited to reflect the correct hours of operation. The requirement to re-stripe the entire parking lot is retained in Condition AT-8 and not removed per applicant's request. ADJOURNMENT Ms. Caruso adjourned the meeting at 3:30 p.m. City of Sunnyvale Page 3

Agenda

City of Sunnyvale Notice and Agenda Zoning Administrator Hearing Wednesday, January 27, 2016 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER PUBLIC HEARINGS 16-0099 File #: 2015-8109 Location: 1170 Kern Avenue (APN: 205-24-012 ) Applicant / Owner: Shiv Durga Temple / Kerav LLC Proposed Project: USE PERMIT to allow a community-serving Place of Assembly (POA) in an existing industrial building in M-S/POA zoning district. Reason for Permit: A Use Permit is required to allow a Community Serving-Place of Assembly (POA) in the Industrial and Service zoning district (M-S) with Place of Assembly (POA) combining district. Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Issues: Compatibility with adjacent industrial zone uses, Parking Recommendation: Approve with Conditions City of Sunnyvale Page 1 Printed on 1/22/2016 Zoning Administrator Hearing Notice and Agenda January 27, 2016 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 1/22/2016

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