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Zoning Administrator Hearing

Regular Meeting

Sunnyvale, CA · April 25, 2018

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, April 25, 2018 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Amber Blizinski, Zoning Administrator, called the meeting to order at 3:00 p.m. PUBLIC HEARINGS File #: 2018-7227 Location: 444 Toyama Drive (APN: 110-14-200) Applicant / Owner: Bloomenergy (applicant) / Digital-Pr Toyama Llc (owner) Proposed Project: VARIANCE to allow an installation of mechanical equipment (four Bloom Energy Servers/cabinets) in between face of the building and the street. Reason for Permit: A Variance from Sunnyvale Municipal Code Section (SMC 19.48.100) is required for mechanical equipment to be located between the face of the building and the street. Project Planner: Shétal Divatia, Senior Planner, (408) 730-737, sdivatia@sunnyvale.ca.gov Recommendation: Approve with conditions Mrs. Blizinski inquired if Shetal Divatia, project planner, had any comments or changes to the staff report. Mrs. Divatia stated there were no comments or updates. Brandon Snow, applicant, stated he has done many installations similar to this at other Equinix data centers with the current application being one of the smaller projects. As there was no available space at the back of the building, the company is requesting to install the energy servers at the front with a screened sound enclosure. Jeff Irwin, the applicant's acoustal consultant, stated the fuel cell tests based on previous projects were calculated to be no more than 44.5 decibels, which is within the city allowed limit of 50 decibels. The fuel cells would also comply with the requirement of not increasing the day/night average of no more than 3 decibels. City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes April 25, 2018 Mrs. Blizinski opened the hearing to the public. Stan Heffner, neighbor, stated the notice of public hearing seems to have been sent late because he believes that Equinix has already started the project, and is disturbed by it. Mrs. Blizinski stated there should not be any construction related to this application occuring before the permit is issued. Mr. Heffner stated there are two construction trailers on site and inquired why they were there. After having to live near Equinix for a decade, he has had to deal with the noise and diesel fumes, which comes into his home. As a good neighbor, he feels the company should communicate with the neighbors. He has complained to city council and Neighborhood Preservation numerous times after the fact, when events have already happened on site. Mr. Heffner also stated that the area he lives in is zoned Industrial to Residential and most parcels in the area have been redeveloped to residential use. He does not like that Equinix has become more industrial, causing more noise and heat. Ms. Blizinski stated the Equinix parcel is still zoned to allow industrial uses. Mr. Heffner stated he wished someone would have told him about the zoning before he purchased his home. Jui-Eng Chen, neighbor, stated she was concerned about the added noise coming from the new servers. She clarified with the applicant that the noise created would be at or below 44.5 decibels. The generator in the rear of the building has created noise at all times of day and inquired if the new servers would be the same. Ms. Blizinski closed the hearing to the public and asked the applicant if they wanted to respond. Mr. Snow responded to Mrs. Chen's question, stating the servers would run 24 hours a day, 7 days a week. The decibel level will be at 44.5 decibels or lower, at the property line. There will not be intermittent noise as it will be at a steady state. Mrs. Blizinski inquired about the construction. City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes April 25, 2018 Mr. Snow stated there is construction happening on-site but it is not related to the project. Ms. Blizinski inquired with Mrs. Divatia if there were any requirements of noise testing once the servers are installed. Mrs. Divatia stated there were no such requirements other than having the servers meet the Sunnyvale noise standards. Mrs. Blizinski inquired with the applicants if they were willing to retest the noise levels once the servers were installed. Mr. Irwin stated he would be amenable to conducting the test. Mrs. Blizinski closed the public hearing. ACTION: Approved subject to the findings and conditions of approval located in the staff report with the following addition: 1) Once the mechanical equipment is installed and operating, the applicant shall conduct on-site noise analysis at the property lines to ensure that noise levels comply with City noise standards. ADJOURNMENT Mrs. Blizinski adjourned the meeting at 3:11 p.m. City of Sunnyvale Page 3

Agenda

City of Sunnyvale Notice and Agenda Zoning Administrator Hearing Wednesday, April 25, 2018 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER PUBLIC HEARINGS 18-0380 File #: 2018-7227 Location: 444 Toyama Drive (APN: 110-14-200) Applicant / Owner: Bloomenergy (applicant) / Digital-Pr Toyama Llc (owner) Proposed Project: VARIANCE to allow an installation of mechanical equipment (four Bloom Energy Servers/cabinets) in between face of the building and the street. Reason for Permit: A Variance from Sunnyvale Municipal Code Section (SMC 19.48.100) is required for mechanical equipment to be located between the face of the building and the street. Project Planner: Shétal Divatia, Senior Planner, (408) 730-737, sdivatia@sunnyvale.ca.gov Recommendation: Approve with conditions City of Sunnyvale Page 1 Printed on 4/20/2018 Zoning Administrator Hearing Notice and Agenda April 25, 2018 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 website 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. (28 CFR 35.160 (b) (1)) City of Sunnyvale Page 2 Printed on 4/20/2018

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