Zoning Administrator Hearing

City of Sunnyvale Meeting Minutes Zoning Administrator Hearing Wednesday, September 25, 2019 3:00 PM West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 CALL TO ORDER Michelle King, Zoning Administrator, called the meeting to order at 3:00 p.m. PUBLIC HEARINGS Proposed Project: SPECIAL DEVELOPMENT PERMIT: to allow a childcare center providing preschool and after school care for 120 children within an existing 6,920 square foot building. Location: 755 S. Bernardo Avenue (APN:198-16-006) File #: 2019-7502 Zoning: C-2/PD Applicant / Owner: JY International Education LLC (applicant)/ Atul S and Kusum A Sheth Trustee (owner) Environmental Review: A Class 1 and 3 Categorical Exemption relieves this project from the CEQA provisions. Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov Ms. King stated project 2019-7502 755 S. Bernardo Avenue has been continued to the hearing of October 16, 2019. Ms. King inquired with project planner, Cindy Hom, if there were any comments or changes to the staff report. Ms. Hom stated staff has recieved numerous comments in opposition of the project, citing issues with traffic, parking, and the California Environmental Quality Act (CEQA) analysis. As a result, the applicant is requesting a continuance of the hearing item to consult with his attorney. Supplemental information will be provided in the staff report for the October meeting. Ms. King opened the hearing to members of the public. As no members of the public wanted to speak, Ms. King closed the hearing. ACTION: This serves as legal notification of the continuance of this item to the City of Sunnyvale Page 1 Zoning Administrator Hearing Meeting Minutes September 25, 2019 Zoning Administrator Hearing to October 16, 2019. Proposed Project: VARIANCE to allow construction of a 256-square foot remediation equipment enclosure between the face of a building and a street along Mary Avenue for an existing Chevron gas station. Location: 1005 W. El Camino Real (APN: 161-41-010) File #: 2018-7866 Zoning: C-2/ECR Applicant / Owner: Cardno, Inc. / Ali And Parisa Bozorghadad Trustee Environmental Review: Class 1 and Class 3 Categorical Exemptions relieve this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Noren Caliva-Lepe, 408-730-7659, ncaliva-lepe@sunnyvale.ca.gov Ms. King announced the applicant has withdrawn the project for consideration from the Zoning Administrator hearing. Proposed Project: SPECIAL DEVELOPMENT PERMIT to demolish an existing industrial building and construct a mechanical facility that will provide heating and cooling services to nearby Google buildings. The site will be developed with two equipment storage buildings, four water storage tanks, and one 1,794 square foot building with a control room and office meeting space. Location: 1390 Borregas Avenue (APN: 110-33-014) File #: 2019-7071 Zoning: MP-I (Moffett Park Specific Plan - Industrial) Applicant / Owner: Google LLC Environmental Review: Class 32 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Noren Caliva-Lepe, 408-730-7659, ncaliva-lepe@sunnyvale.ca.gov Ms. King stated project 2019-7071 1390 Borregas Avenue has been continued to the hearing of October 16, 2019. Ms. King inquired with Noren Caliva-Lepe if there were any comments or changes to the staff report. Ms. Caliva-Lepe stated staff receive a letter from Adams Broadwell Joseph & Cardozo, which city legal staff is currently reviewing. Ms. King opened the hearing to the public. City of Sunnyvale Page 2 Zoning Administrator Hearing Meeting Minutes September 25, 2019 Aaron Messing, attorney at Adams Broadwell Joseph & Cardozo, spoke on behalf of Safer California. Mr Messing stated the letter discusses issues in detail and expert testimony demonstrating the city should continue its analysis of the project. Mr Messing went on to illustrate the following points: the purpose of the project will be to provide heating and cooling services for up to 3.7 million square feet using underground pipes and will have a footprint of 85 acres. The city proposes to approve the project under Class 32 exemption, which only applies to small infill development project that are consistent with existing land use regulations. This exemption does not apply for a number of reasons. First, the exemption is limited to five acres or less, while this project is seventeen times that acreage. Second, the project is inconsistent with the zoning code and requires exemptions from zoning regulations in order to proceed, which is not allowed under the exemption. This is a private project being developed on private land by a commercial company and the Moffett Park Specific Plan state utility projects allowed in Moffett Park must be public or quasi-public utility projects. Finally, there is substantial evidence demonstrating the project may result in mitigated significant environmental impacts that require analysis and mitigation and Environmental Impact Report. Unless these inefficiencies are addressed, Mr. Messing asked that the Administrator adopt staff's recommended alternative number three action to deny all approval sought by the applicant and to remand project staff to prepare a legally adequate Environmental Impact Report that fully discloses and mitigates the project's significant effects. As no other members of the public wanted to speak, Ms, King closed the hearing. ACTION: This serves as legal notification of the continuance of this item to the Zoning Administrator Hearing to October 16, 2019. ADJOURNMENT Ms. King adjourned the hearing at 3:06 p.m. City of Sunnyvale Page 3