Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, May 29, 2019 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER PUBLIC HEARINGS Proposed Project: SPECIAL DEVELOPMENT PERMIT to allow a 7,200-square foot billiard center with snack bar and beer sales and operating hours from 12:00 PM to 2:00 AM, installation of associated site improvements and a parking adjustment to the minimum parking ratio. Location: 946 W. El Camino Real (APN: 201-19-028) File #: 2019-7022 Zoning: C-2/ECR (Highway Business/Precise Plan for the El Camino Real Combining District) Applicant / Owner: Silicon Valley Billiards (applicant)/Sunnyvale Commercial Bldg LLC (owner) Environmental Review: A Class 3 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions. Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov Ryan Kuchenig, Zoning Adminitsrator, opened the meeting. Mr. Kuchenig asked Cindy Hom, Project Planner, if there were any changes or additions to the staff report. Ms. Hom stated there were no changes, but two emails received that morning inquired about how the valet parking would work. Mr. Kuchenig asked for a clarification on the parking adjustment as there was no rate for a billiards center. Ms. Hom explained the Municipal Code allowance for parking adjustments and parking ratio. As there is no ratio for this instance, a traffic consultant parking study was used. The study determined that the non-peak ratio was 20 spaces and the peak ratio was 31-34 spaces. Ms. Hom stated that staff is requiring 34 minimum for City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes May 29, 2019 this proposed use and that 37spaces are being provided. Mr. Kuchenig inquired about the requirement for a complance review and its administration. Ms. Hom stated there would be a 6 and 12 month review to monitor the parking as residents had expressed concern about parking lot activity. The review would help determine if provisions that were put in place are working and being complied with. She stated that if issues arose, there would be room to make adjustments as necessary. Mr. Kuchenig inquired about a possible typo in AT-1 of the Conditions of Approval stating the operating hours. Ms. Hom stated that 12pm to 2am were the correct hours. Mr. Kuchenig opened the hearing to the applicant and asked if they had read the report and had any questions or changes. Michael Fiorillo, applicant, stated he had read the report and had no changes. Mr. Fiorillo made a statement that outlined his family history in the area, the project description and its goals. Mr. Kuchenig asked Mr. Fiorillo for clarification on any live entertainment. Mr. Fiorillo said there would be none. Mr. Kuchenig asked for clarification about the possibilities of special events. Mr. Fiorillo stated that there is a possibility of a pool league, but no other special events are planned. Mr. Kuchenig referred to Condition of Approval AT-10 and asked if the valet parking condition could possibly include verbiage for league nights as well. Mr. Fiorillo stated that the league nights would not be significantly impactful. Mr. Kuchenig asked if these type of events would close the business to the general public. City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes May 29, 2019 Mr. Fiorillo stated that the general public was the most important to him and it would remain open to them. Mr. Kuchenig inquired if there was a possibility of any landscape rehabilitation, maybe some potted plants near the front of the business. Mr. Fiorillo and Mr. Kuchenig discussed the possiblities for both the front and rear entrance enhancement with Mr. Fiorillo indicating he has every intention of beautification. He stated he is open to any input as well. Mr. Kuchenig opened the hearing to public comment. Jeff Hutchins, neighbor behind the property, stated he was pleased with Ms. Hom and Mr Fiorillo and their efforts on this project. He stated the site has had past problems regarding the parking area. Mr. Hutchins further inquired as to how the valet parking would work. Jayashree Venkatesh, neighbor behind the property, expessed concern about excessive noise, smoking, bright lights and speeding vehicles that have been a problem in the past. She inquired as to what guarantees could be made that these sitiuations will not re-occur. Abhinav Dubey, neighbor behind the property, inquired as to the capacity for the business and if there was a possibility the 37 spaces for parking might be exceeded. Mr. Kuchenig clarified that since there was not a specific rate established by city code for this business, a study was done to determine the applicable rate. Mr. Dubney expressed concern for extreme cases and how they might be handled. Mr. Dubney also inquired as to why the valet parking only went to 1am when the business was open until 2am. Mr. Hutchins stated that he was aware that concerns the neighbors have are from past instances with other businesses in the shopping center and that laying it all on the new business was unfair. He stated that he hoped the answers to their concerns would encompass the shopping center as a whole and not just single out the billiards hall. City of Sunnyvale Page 3 Zoning Administrator Hearing Meeting Minutes May 29, 2019 Mr. Kuchenig closed the public comments and opened it up for Mr. Fiorillo to respond. Mr. Fiorillo stated he was open to suggestions as to how the valet parking would work. Ms. Hom clarified the valet procedure with Mr. Fiorillo and Mr. Kuchenig. She stated that it was her understanding that cars would be dropped off in the front with an attendent and then driven to the back to maintain a controlled environment. Mr. Fiorillo agreed. Mr. Kuchenig asked Mr. Fiorillo to comment on possible vandalism and loitering. Mr. Fiorillo stated that photometrics, valet parking and patrol sweeps every 30 minutes would help aleviate possible problems and be a positive influence as opposed to the dark area behind the building that presently exists. Mr. Kuchenig asked if Mr. Fiorillo would be open to extending the valet hours to closing. Mr. Fiorillo stated that after last call, in his experience of 20 years, the business will clear out fairly quickly. He also said that signs 24" x 36" would be posted in the front and rear of the building stating when the doors would be locked, no smoking of any kind would be aloud on the premises and to be respectful of the neighbors in the area. Mr. Kuchenig asked that the rear door be closed at 9pm instead of 10pm to be more in line with the valet parking hours. Mr. Fiorillo stated he was fine with this and that the signs being made would reflect it. Mr. Kuchenig closed the public hearing. Mr. Kuchenig stated that when the permit compliance review occurs in 6-12 months there will be an opportunity to re-examine how things are working and possibly alter and update the Conditions of Approval at that time. ACTION: Approved subject to the findings and modified Conditions of Approval provided in the staff report. Modification to AT-1 to correct a typo for hours of operation to be 12:00pm to 2:00am seven days a week. Modification to AT-10a to City of Sunnyvale Page 4 Zoning Administrator Hearing Meeting Minutes May 29, 2019 include Special/League Events in Valet Parking requirements. Modification to AT-11 for the back door to be locked after 9:00pm. ADJOURNMENT Mr. Kuchenig adjourned the meeting at 3:29pm City of Sunnyvale Page 5