Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, July 11, 2018 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Noren Caliva-Lepe, Zoning Adminsitrator, called the meeting to order at 3:30 p.m. PUBLIC HEARINGS File #: 2018-7100 Location: 960 Kifer Rd. (APNs: 205-49-008) Applicant / Owner: DEVCON Construction (applicant) / SimKifer LLC (owner) Proposed Project: SPECIAL DEVELOPMENT PERMIT to allow a warehousing use within an existing industrial building, where the previously-approved warehouse use was discontinued for a period of more than one year. Reason for Permit: A Special Development Permit is required for a warehousing use in the MXD-II zoning district. Project Planner: Shila Behzadiaria, (408) 730-7456, sbehzadiaria@sunnyvale.ca.gov Issues: Parking Recommendation: Approve with conditions Mrs. Caliva-Lepe inquired if Shila Behzadiaria, project planner, had any comments or changes to the staff report. Ms. Behzadiaria proceeded to summarize the project and suggested a change to condition AT-1 to require an 8-foot sound wall if applicant activities consist of night time deliveries between the hours of 10 p.m. to 7 a.m. Due to the proximity to residents to the south of the project site, staff suggested eliminating night time deliveries or building a sound wall to mitigate noise levels. Mrs. Caliva-Lepe opened the hearing the applicant. Sylvester Ramirez, applicant, stated the night time deliveries would not necessarily create noise that would require a wall. If noise levels cause neighbors to complain, the deliveries would stop during those hours and be reevaluated to determine if a City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes July 11, 2018 sound wall is warranted or to change the use of the permit. Mr. Ramirez noted that the loading dock area is more than 100 feet away from the rear property line. Mr. Ramirez also requested to change the condition EP-17 Driveway Approaches requirement from 45 feet to 60 feet drive width. Mrs. Caliva-Lepe reminded the applicant that implementation of the Lawrence Station Area Plan could result in residential uses closer to the subject property in the future, and that stricter noise standards may apply. Mrs. Caliva-Lepe opened the hearing to the public. Seeing no members of the public in attendance, Mrs. Caliva-Lepe closed the hearing to the public. Mrs. Caliva-Lepe inquired with Ms. Behzadiaria if the driveway width requirement is based on ADA (Americans with Disability Act) requirements or Sunnyvale city specifications. Ms. Behzadiaria confirmed that the requirement came from the Department of Public Works, based on their evaluation of the proposed design. Mrs. Caliva-Lepe inquired if the applicants would like to make a final statement. Rebecca Tolentino, applicant, suggested that the Zoning Administrator modify the condition to add "or as approved by the Public Works Director", to allow the applicant to continue to work with the Department of Public Works on the final driveway design. Mrs. Caliva-Lepe stated she agreed with staff recommendation that the use is appropriate based on the historic use of the property. She also agreed with the applicant’s requested modifications to the conditions of approval. Mrs. Caliva-Lepe closed the public hearing. ACTION: Approved subject to the findings and conditions of approval located in the staff report with the following modifications to the Conditions of Approval: 1) Add “or as approved by the Director of Public Works” to the last sentence of EP-17 2) Replace AT-1 statement with “Night time delivery is permitted subject to the noise City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes July 11, 2018 standards contained in SMC 19.42.030. If noise standards are exceeded in the future, the applicant shall cease night time delivery and/or install noise reducing measures such as a wall.” ADJOURNMENT Mrs. Caliva-Lepe adjourned the meeting at 3:14 p.m. City of Sunnyvale Page 3