Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, November 16, 2016 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Gerri Carsuo, Principal Planner, called the meeting to order at 3 p.m. PUBLIC HEARINGS File #: 2016-7741 Location: 560 South Mathilda Avenue (APN: 209-29-080) Applicant / Owner: SiliconSage Builders, LLC Proposed Project: SPECIAL DEVELOPMENT PERMIT to allow the location of mechanical equipment (HVAC condensers) in the rear setback (15 feet from the rear property line). Reason for Permit: A Special Development Permit is required to allow deviation from setback standards. Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Issues: Setbacks, noise Recommendation: Approve the Special Development Permit with Recommended Conditions Ms. Caruso asked Momoko Ishijima, project planner, if there were any additional information to add to the report. Ms. Ishijima stated she had no new information. Ms. Caruso opened the hearing to the applicant. Rodolfo Chacon, applicant, stated he has worked for over a year to determine the best placement of the HVAC condensers. The condensers will be screened off in a discreet location but will be 15 feet from the rear property line. The applicant stated he has read the staff report and is in agreement with the conditions of approval. Ms. Caruso closed the public hearing. City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes November 16, 2016 ACTION: Ms. Caruso approved the project subject to the findings and conditions of approval located in the staff report. File #: 2016-7695 Location: 1651 Hollenbeck Ave. (APN: 323-26-033) Applicant / Owner: Crunch Fitness (applicant) / Regency Centers (owner) Proposed Project: SPECIAL DEVELOPMENT PERMIT: to allow a 21,554 square foot recreational and athletic facility (gym) within Loehmann's Plaza. Reason for Permit: A Use Permit is required for recreational and athletic facilities. Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov Issues: Recommendation: Approve subject to the Findings and Conditions of Approval. Ms. Caruso asked Cynthia Hom, project planner, if there were any additional comments of changes to the staff report. Ms. Hom stated she has provided a new parking table as the one posted online was not clear. The table demonstrates the application meets the parking requirements as 738 parking spaces are required but 837 spaces are provided on site. Ms. Hom stated she had no changes to the staff report. Ms. Caruso stated the draft parking management plan submitted by the applicant should be changed to state parking is not assigned to any one store. The plan should include a statement indicating employees park in the rear in order to reserve prime parking spaces for customers. Ms. Caruso opened the hearing to the public. Bob Laughead, neighbor, stated there is little space in the rear of the shopping center to park. Ms. Caruso stated the statement in the parking plan will include verbiage instructing employees park in the periphery of the shopping center. Mr. Laughead stated he lives in the street behind the shopping center, and has often found cars have parked for long periods of time overnight. The applicant is concerned how the street will be impacted with the addition of a new gym. Ms. Caruso stated the parking center meets the parking spaces available for the permit application. City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes November 16, 2016 Liz Laughead, neighbor, inquired after the number of parking spaces in Attachment 5, the draft parking amendment plan. Ms. Caruso stated the number of 796 was in error and will be corrected to 837. Ms. Hom has verified the parking spaces previously. Ms. Hom stated the hours for the applicant are 7 days a week from 5 a.m. to 11 p.m. Ms. Caruso stated if the applicant extends their hours, permission must first be granted by the city. David Arnold, neighbor, inquired whether a traffic survey was done as part of the application. Ms. Hom stated the land use did not trigger over 100 peak hour trips, thus did not require a traffic analysis. Mr. Arnold stated the area has been impacted by three surrounding schools. Homestead Road is inundated with traffic for the school run during peak hours. Mr. Arnold stated his concern with the addition of the gym since it will increase traffic. Mr. Arnold stated he believed a traffic study would be something the city should engage in before approving the application. Mr. Arnold also stated the back of the shopping center is essentially an alley. When there wasn't construction, it was used by high school students. The area is not safe for the employees to park. Mr. Arnold inquired if there were plans to install security cameras. Ms. Caruso stated the city does not require security cameras. Before the applicant occupies and starts their tenant improvements, the applicant must show they have met with the Public Safety department. Public Safety's recommendations are based on the application use and the applicant must comply and implement the recommendations. Mr. Arnold recommended discounting the parking in th rear, as it is not a viable option and inquired if massage services was part of a separate application. Ms. Caruso stated all massage therapists are approved by the Public Safety department Maureen McCormick, neighbor, inquired of valet parking. Ms. Caruso stated the parking would be on site. Valet will be done on a case by base basis, only if necessary. Mr. Arnold inquired whether the landscape improvement plan includes repair of the City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes November 16, 2016 back wall facing New Brunswick Ave. Trash has been put up against the wall, attracting vermin. Ms. McCormick stated parking on her street has increased since Safeway has left, indicating the overnight parking option was not available to tenants in Homestead Ave., who are now using New Brunswick as a parking option. Easing the restrictions for parking would be a good neighbor gesture. Ms. Caruso stated the city can not require the applicant to provide parking for those who are not customers. Jo Ford, neighbor, stated large equipment and refrigerated trucks create a lot of noise throughout the day and night. Ms. Caruso stated she and the project planner will follow up on the noise issue as the city has standard guidelines on times for deliveries. Mr. Laughead inquired about the parking spaces in the rear and the lack of entrances in the back of the building. Ms. Caruso stated only employees would have access to the rear entrances. Ms. Caruso closed the hearing to the public and opened the hearing to the applicant. Ms. Caruso reminded the applicant to consult with Public Safety under the conditions of approval regarding the appropriate security measures. She inquired after the maximum enrollment goals and what the peak estimated customers are anticipated. Gary Fields, applicant, stated the numbers would be difficult to determine as each club has different rates however they gym anticipates the number of patron at any given time would be 50 and 100 people, based on classes offered. Ms. Caruso inquire of noises during classes. Mr. Fields stated he has provided a noise analysis and the numbers are based in similar sized gyms showing the most noise created is from the aerobics class. For this particular location, the classroom is located in the center of the building and buffered in the back by locker rooms. Mr. Fields stated the back of the building will only be for employees, and not for customers. The intent is for customers to use the front parking lot. He stated parking management plans are tough to enforce. Ms. Caruso stated employees will more likely use the parking in the rear if it is more safe to use, which may only be necessary to use during peak hours. The applicant stated he will comply with the City of Sunnyvale Page 4 Zoning Administrator Hearing Meeting Minutes November 16, 2016 Public Safety recommendations. Ms. Caruso closed the public hearing. Ms. Caruso stated she will not impose the traffic study, however anyone may appeal her decision. ACTION: Ms. Caruso approved the project with the following conditions: 1. Perimeter wall: The Permittee shall repair of the perimeter wall located on the west property edge. Repairs include but are not limited to replacing missing wall caps, repainting the interior side of the wall and replacing any missing landscaping. The repairs shall be included in the scope of work for the tenant improvements. Mrs. Laughead stated her husband paints over graffiti because the owner's response time takes too long. Ms. Caruso stated she will remind the owner of that responsibility. File #: 2016-7685 Location: 484 East Duane Avenue (APN: 204-15-015) Applicant / Owner: Treeium Inc. (applicant) / Ernst and Lucy Mahnel (owner) Proposed Project: VARIANCE to allow 5’-8” fence where a maximum 3’-6” high fences are allowed within the corner and driveway vision triangle area. Reason for Permit: A Variance is required for fences exceeding 3’-6” height in the vision triangle areas per Sunnyvale Municipal Code (SMC) 19.34.060. Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Issues: Vision triangle requirement Recommendation: Deny the Variance. If the Zoning Administrator decides to Approve the Variance, the recommended Conditions of Approval are included in the Attachment 2. Ms. Caruso asked Aastha Vashist, project planner, if there were any additional comments. Ms. Vashist stated she does not have any additional changes or comments from the public. Ms. Caruso opened the public hearing. City of Sunnyvale Page 5 Zoning Administrator Hearing Meeting Minutes November 16, 2016 The applicant stated the reason for the gate is to protect the residents of the house, as there have been several accidents throughout the years where cars have jumped the curb and damaged the house. The reason for the fence is to deter drunk drivers, who are the primary offenders. The driver can still see both sides of traffic from Duane and Worley since it is visible through the iron fence. The applicant believes they have meet the city's vision triangle standards. Ms. Caruso inquired if the applicant is willing to change the design of the fence to meet the city's code requirements. The applicant stated she liked the design as it is, and feels that it can protect her and her children properly. Gary Diquisto, neighbor, stated he often walks his dogs or rides his bike past the project. The view from the corner looking onto eastbound traffic is clear. The fence is attractive and serves its purpose in acting as a protective barrier for the house. Ms. Caruso closed the public hearing. Ms. Caruso inquired with Ms. Vashist what changed would be needed in order to satisfy the traffic division's requirements, given the driveway vision triangle and vison triangle issues. Ms. Vashist stated changes could be made by converting the fence into an open fence. This can be accomplished by reducing the columns from 2 ft to 1 ft wide. The height could be changed to 4 ft 6 inches, which would exempt the fence from the vision triangle requirement. A solid fence can also be placed, with measurements of 3 ft 6 inched in height. Staff believes this can still serve the purpose of preventative measures. Traffic was mostly concerned with the thick columns. Ms. Caruso inquired the applicant if she wanted to keep the fence to way it is. The applicant stated she wants to keep the design as it is. Ms. Caruso closed the public hearing. Ms. Caruso stated after visiting the site, the vision was not blocked. As the traffic division is saying it does not meet the City's standards for vision, the variance will be denied. Ms. Caruso asked the applicant to work with Ms. Vashist to modify the fence or to appeal the decision. ACTION: Denied based on Traffic Division findings. City of Sunnyvale Page 6 Zoning Administrator Hearing Meeting Minutes November 16, 2016 ADJOURNMENT Ms. Caruso adjourned the meeting at 3:46 p.m. City of Sunnyvale Page 7