Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, September 26, 2018 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Gerri Caruso, Zoning Administrator, called the meeting to order at 3:00 p.m. PUBLIC HEARINGS FILE #: 2018-7519 Continuance to October 10, 2018 Location: 1025 The Dalles (APN: 320-11-010) Proposed Project: USE PERMIT to modify a previously approved Use Permit (2012- 7479) to allow extended hours of operation (from 3:30-7 PM to 11:30 AM-6:30 PM during school days and 8:30 AM-6:30 PM when students are on break) and allowing outdoor play areas for the after-school educational enrichment facility, which now is considered a daycare use. Applicant / Owner: Sunny Chinese Learning Center / St Luke Lutheran Church of Sunnyvale Ca Environmental Review: Class 1 Categorical Exemption relives this project from California Environmental Quality Act (CEQA) provisions Staff Contact: Shétal Divatia, 408-730-7637, sdivatia@sunnyvale.ca.gov REPORT IN BRIEF The item was scheduled and advertised for the Zoning Administrator Hearing of September 26, 2018. The applicant is requesting a continuance to the October 10, 2018 Zoning Administrator Hearing to allow additional time to complete project plans. PUBLIC CONTACT Notice of Public Hearing · Published in the Sun newspaper · 94 notices mailed to property owners and residents within 300 feet of the project site Staff Report City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes September 26, 2018 · Pending publication Agenda · Posted on the City’s official notice bulletin board · Posted on the City’s website Public Contact: Staff has received one correspondence phone call from neighbors at the time of writing of this report. The Zoning Administrator continuance to October 10, 2018 will serve as legal notification of the continuance of this item. RECOMMENDATION Continue to the Zoning Administrator Hearing of October 10, 2018. Prepared by: Shetal Divatia, Senior Planner Reviewed by: Ryan Kuchenig, Senior Planner Approved by: Gerri Caruso, Principal Planner This item was continued to Wednesday, October 10, 2018. File #: 2018-7424 Location: 619 W Remington Drive (APN: 201-30-024) Applicant / Owner: Ithamar Sorek (owner & applicant) Proposed Project: USE PERMIT to allow a 7’6” fence in the front yard for an existing Eichler home. Reason for Permit: A Use Permit is required for a fence in the front yard that is higher than 6’ feet in height (measured from top of curb). Project Planner: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov Issues: Visual impact Recommendation: Approve with conditions Ms. Caruso inquired if Shetal Divatia, project planner, had any comments or changes to the staff report. Mrs. Divatia stated there were no changes to the staff report, nor were there any comments from members of the public. Ms. Caruso opened the hearing to the applicant and inquired if he had read the staff report and if he had any comments. Ithamar Sorek, applicant, stated the condition of approval requires a setback of 15 feet but he has requested a setback of 9.5 feet to align with the adjacent properties. As no members of the public wanted to speak on this project, Ms. Caruso closed the hearing to the public and inquired if Mrs. Divatia discussed with him the setback City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes September 26, 2018 requirement of 15 feet. Mr. Sorek stated there were two guidelines: one that is an Eichler design guideline of 15 feet and a regular guideline that states that if you have a vegetation patch, a setback is not required. Since his property is an Eichler and the vegetation patch is public, the project falls under both guidelines. Mr. Sorek went by the guideline that provided more aesthetic options. Ms. Caruso inquired with Mrs. Divatia if the guideline referred to is the front-yard fence specification. Ms. Caruso stated she believes what Mr. Sorek is referring to is a reducible side yard fence. After referring to the staff report, Ms. Caruso stated she will take the item under advisement until Friday to look into the history of similar projects. ACTION: On September 28, 2018, the Zoning Administrator approved the fence subject to the conditions of approval with a 15-foot setback. File #: 2018-7554 Location: 1515 Partridge Avenue (APN: 313-25-018) Applicant / Owner: Footprints Early Education Center (applicant) / Associated Churches Raynor Park (owner) Proposed Project: USE PERMIT to modify previously approved Use Permit 1991-0218 to increase the maximum capacity from 30 to 44 children at a childcare facility. Reason for Permit: A Use Permit is required for child care centers with occupancy of 31 or more children in the Public Facility (P-F) zoning district. Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Issues: Increased capacity Recommendation: Approve with conditions Ms. Caruso inquired with Aastha Vashist, project planner, if there were any changes to the staff report. As of the hearing, Mrs. Vashist stated she did not receive any comments from the public nor were there any changes to the staff report. Ms. Caruso opened the hearing to the applicants and inquired if they have read the staff report and if they have any comments. City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes September 26, 2018 Since the applicants had no comments, Ms. Caruso inquired if there were any physical changes that will need to be made to accommodate the extra capacity and if the hours of operation will stay the same. John Chang and Li Wei Sun, applicants, replied no physical changes were needed and the hours of operation would stay the same. Ms. Caruso inquired if staff had approved specific conditions of approval when it was first approved. Mrs. Vashist stated the approval was many years back and staff does not have any record of the conditions. The current hours of operation will be from 8 a.m. to 6 p.m. Seeing no other members of the public, Ms. Caruso closed the hearing to the public. ACTION: Approved subject to the findings and conditions of approval located in the staff report, noting on the record the applicants stated the hours of operation will be from 8 a.m. to 6 p.m. File #: 2018-7558 Location: 175 San Lazaro Ave. (APN: 205-43-029) Applicant / Owner: Shanni Hendler / Steve Hoffman Proposed Project: USE PERMIT to allow a 1,550-square foot dog training facility within an existing industrial building. Reason for Permit: A Use Permit is required to operate a recreation and enrichment facility in the M-S Zoning District. Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov Issues: Noise and parking. Recommendation: Approve with conditions Ms. Caruso inquired with Cindy Hom, project planner, if there were any updates to the staff report or any comments from the public. Ms. Hom stated she created a memo of corrections with the conditions of approval as pertinent to the project. Conditions BP-5, BP-7, and BP-8 address the applicant establish service for waste collection and provide owner authorization for shared trash facilities between the tenants. Based on their proposed use, the applicant will not generate more waste requiring increased capacity. Ms. Caruso inquired with Ms. Hom if a new facility would be required. Ms. Hom stated there was no requirement. City of Sunnyvale Page 4 Zoning Administrator Hearing Meeting Minutes September 26, 2018 Ms. Caruso inquired if the applicant had any questions or comments. Shanni Hendler, applicant, requested clarification for the memo and stated requested the hours of operation from 8 a.m. to 6 p.m. be changed to 8 a.m. to 10 p.m. to accommodate the last evening class. Ms. Caruso clarified the memo determined the requirement of a new trash enclosure unnecessary however the service for trash pick-up will be set up correctly. Ms. Caruso inquired with Ms. Hom if noticing for the project included the new hours of operation to which Ms. Hom stated it was not. Ms. Caruso opened the hearing to the public. As there were no members of the public present for this project, Ms. Caruso closed the hearing to the public. Ms. Caruso inquired with the applicant if she will be taking the dogs out for walks. Ms. Hendler stated she does not have plans to walk the dogs but does plan to provide a restroom area in the facility itself in the form of sod. Ms. Caruso stated she will add the condition that the applicant encourage patrons to use a specific site within the facility for dogs to use. Ms. Caruso will modify the hours of operation to extend to 10 p.m. because it is not a residential area. Ms. Caruso will also modify conditions on solid waste as mentioned in the memo. 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) Modify AT-1 to extend operating hours to 10 p.m. 2) BP-5 to establish service for solid waste collection and provide property owner authorization for shared trash enclosure facilities prior to the start of business. 3) Added condition to encourage patrons to use a specific location on site to curb their dogs upon arrival. File #: 2018-7454 Location: 598 E. El Camino Real (APN: 211-20-032) Applicant / Owner: Stantec Architects / Peter Pavlina Family LLC Proposed Project: SPECIAL DEVELOPMENT PERMIT to allow add a new ATM drive-through at an existing Chase Bank and installation of associated site improvements. City of Sunnyvale Page 5 Zoning Administrator Hearing Meeting Minutes September 26, 2018 Reason for Permit: A Use Permit is required for operations of a drive-through in conjunction with a financial institution. Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov Issues: Visual Impacts Recommendation: Approve with conditions Ms. Caruso inquired with Cindy Hom, project planner, if there were any changes to the staff report and if there were any comments from members of the public. Ms. Hom stated she had corrections as the applicant submitted comments regarding the conditions of approval. The applicant requested clarification to conditions GC-7, BP-12, 13, and 14. Since the requirements are standard, staff recommends removing said conditions for clarification purposes as they are not required for the project. Condition PS-1 requires an 24" tree box be install to replace the removal of Tree ID 237. The applicant will replace the tree in the same location. Keith Addy, applicant, stated he wanted to keep the three remaining trees and raise the canopy up to not block the company sign. Staff received the Title Report for the applicant for condition BP-3. Conditions BP-5,6, and 7 requires the applicant to demonstrate the project meets all the requirements for trash collection and servicing. The enclosure needs to also demonstrate that it is in good working condition and working order at the time of building permits. Conditions GC-8 requires an encroachment permit if any of the project work is within the right-of-way. Condition BP-16 will be removed as there are no street trees related to the project. Condition BP-17 will remain as it is to demonstrate the existing lighting conditions provides safe and adequate lighting. Condition BP-8 will require the applicant to check with the Department of Public Safety to see what requirements are needed for a security plan. Ms. Caruso inquired of Ms. Hom addressed the applicant's concern's with the modifications. City of Sunnyvale Page 6 Zoning Administrator Hearing Meeting Minutes September 26, 2018 Mr. Addy responded she did and inquired if Chase has any assigned bins within the trash enclosure. Ms. Hom stated Chase does not have any assigned bins and must establish services. The applicant may inquire with the shopping center owner to determine the service and what they recommend. Seeing no members of the public wanting to speak on this item, Ms. Caruso 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) GC-7/BP-12, 13, 14: Storm Water Management Condition related to Storm Water Control are standard requirements. A Stormwater Control Plan is not required for this project. Staff recommends removing conditions GC-7/BP-12, 13, 14. 2) PS-1 Required Revisions to Project Plans Tree pruning shall be conducted in accordance with the supervision of a certified arborist and utilize best management practices to ensure the health of tree preserved. Tree ID 237 is approved for removal. A 24" box tree shall be installed to ensure no net loss of on-site trees. 3) BP-16: Street Trees Remove condition as it is not related to the project. ADJOURNMENT Ms. Caruso adjourned the meeting at 3:35 p.m. City of Sunnyvale Page 7