Zoning Administrator Hearing
Regular MeetingSunnyvale, CA · February 24, 2021
Minutes
City of Sunnyvale
Meeting Minutes
Zoning Administrator Hearing
Wednesday, February 24, 2021 3:00 PM Telepresence Meeting: City Web Stream
TELECONFERENCE NOTICE
CALL TO ORDER
Michelle King, Zoning Administrator, called the meeting to order at 3:00 p.m.
PUBLIC HEARINGS
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: Demolish an existing 7,016
square feet auto repair/body shop buildings including a 399 square feet
mezzanine, and construct a new 10,998 square feet auto repair shop
building with a 2,231 square feet mezzanine for the Toyota Pre-owned
Vehicle Reconditioning Center.
Location: 928 West El Camino Real (APN: 201-19-036)
File #: 2019-7404
Zoning: C-2/ECR - Highway Business/Precise Plan for El Camino Real
Applicant / Owner: TWM Architects + Planners (applicant) /
Price-Simms Re, LLC (owner)
Environmental Review: Class 32 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Momoko Ishijima, 408-730-7532,
mishijima@sunnyvale.ca.gov
Ms. King inquired with Momoko Ishijima, project planner, if there were any additions
to the staff report.
Ms. Ishijima gave a brief presentation for the basic overview of the project. She
noted two corrections to the staff report. EP-13 to replace language regarding
existing water service line.EP-28 for a Sycamore tree as the recommended street
tree.
Ms. King opened the hearing to the applicant and asked if they had any additions to
the project.
Christian Oakes, architect gave a brief presentation highlighting the benefits of the
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Zoning Administrator Hearing Meeting Minutes February 24, 2021
project, citing improved working conditions as a factor.
Ms. King opened the hearing to public comment and asked if anyone wished to do
so.
Ms. King stated there were no callers.
Ms. King closed the public comments.
ACTION: Approved the Special Development Permit with recommended Conditions
in Attachment 4 with noted corrections.
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: to allow general alcohol service
at an existing restaurant (Garcia’s Taqueria) that currently allows beer
and wine.
Location: 738 S. Fair Oaks Avenue (APN: 211-08-008)
File #: 2021-7046
Zoning: C-2/ECR (Highway Business/Precise Plan for El Camino Real)
Applicant / Owner: Garcia’s Taqueria (applicant) / Roy J Divittorio
Trustee & Et Al (owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Betty Avila, 408-730-7419, bavila@sunnyvale.ca.gov
Ms. King inquired with Betty Avila, project planner, if there were any additions to the
staff report.
Ms. Avila gave a brief presentation for the overview of the project. She noted a
correction that notices labelled as “738 S. Fair Oaks Drive” instead of “738 S. Fair
Oaks Avenue.”
Ms. King inquired if the applicant had any additions.
Arturo Hernandez, owner, stated there has been an influx of new customers due to
the recent hotel opening. Thus, there has been a demand for the sale of alcohol.
Ms. King opened the hearing to public comment and asked if anyone wished to do
so.
Ms. King stated there were no callers.
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Zoning Administrator Hearing Meeting Minutes February 24, 2021
Ms. King closed the public comments.
ACTION: Approved the Special Development Permit with recommended Conditions
in Attachment 4.
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow beer and wine sales at
an existing gas station and car wash facility.
Location: 1097 E. Duane Avenue (APN: 205-23-002)
File #: 2020-7769
Applicant / Owner: Ray Salmasi (applicant) /Sunnyvale Car Spa Inc.
(property owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Betty Avila, (408) 730-7419, bavila@sunnyvale.ca.gov
Ms. King inquired with Betty Avila, project planner, if there were any additions to the
staff report.
Ms. Avila gave a brief presentation on the overview of the project. She noted staff
has made three findings in subsection H-1 that could overrule an initial ruling stating
alcohol sales are not allowed within 500 feet of a public park.
Ms. Avila addressed a public letter in opposition to the project. Concerns listed
include: increased traffic, extended hours of operation, and previous 500 feet public
park ruling. Project is exempt from Traffic Impact Analysis and a condition of
approval was added regarding hours of operation. Department of Public Safety also
expressed no concerns about approval of project and that security measures would
be sufficient to ensure safety.
Ms. King asked if the applicant had any additions.
Nicole Salmasi, applicant, gave a brief presentation highlighting a demand of
alcohol sales due to constantly changing consumer needs. Ms. Salmasi ensured
proper security measures and the law would be properly enforced regarding alcohol
beverage sales along with any concerns of hours of operation.
Ms. King opened the hearing to public comment and asked if anyone wished to do
so.
Elise Silva, resident, further expressed her concerns previously listed in the public
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Zoning Administrator Hearing Meeting Minutes February 24, 2021
letter. She stated that wine and alcohol sales do not benefit the community as a
whole and those sales will increase traffic and dangerous driving.
Ms. King closed the public comments.
Ms. King acknowledged the public concerns, but stated that the findings are able to
trigger approval of the project. She prepared two conditions of approval with
modifications. Modification to AT-2 to limit delivery hours to store from 7am to 7pm
seven days a week. Modification to AT-11 to the display of alcoholic beverages
would be limited to no more than 20% of floor area.
ACTION: Approved the Special Development Permit with recommended Conditions
in Attachment 4 and modifications. Modification to AT-2 to limit delivery hours to
store from 7am to 7pm seven days a week. Modification to AT-11 to the display of
alcoholic beverages would be limited to no more than 20% of floor area.
ADJOURNMENT
Ms. King adjourned the hearing at 3:45 p.m.
City of Sunnyvale Page 4
Agenda
City of Sunnyvale
Notice and Agenda - Final
Zoning Administrator Hearing
Wednesday, February 24, 2021 3:00 PM Telepresence Meeting: City Web Stream
TELECONFERENCE NOTICE
Because of the COVID-19 emergency and the “shelter in place” orders issued by
Santa Clara County and the State of California, the meeting of the Sunnyvale
Zoning Administrator on February 24, 2021 will take place by teleconference, as
allowed by Governor Gavin Newsom’s Executive Order N-29-20.
• Watch the Zoning Administrator meeting at
www.Sunnyvale.ca.gov/YouTubeMeetings
• Submit written comments to the Zoning Administrator up to 4 hours prior to the
meeting to planning@sunnyvale.ca.gov or by mail to Sunnyvale Planning Division,
456 W. Olive Avenue, Sunnyvale, CA 94086-3707.
• Teleconference participation: You may provide audio public comment by
connecting to the teleconference meeting online or by telephone. Use the Raise
Hand feature to request to speak (*9 on a telephone):
Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/94442399040
Meeting call-in telephone number: 833-548-0276 | Meeting ID: 944 4239 9040
Pursuant to the Americans with Disabilities Act (ADA) and Executive Order
N-29-20, if you need special assistance to provide public comment, contact the
City at least 2 hours prior to the meeting in order for the City to make reasonable
alternative arrangements for you to communicate your comments. For other
special assistance, please contact the City at least 48 hours prior to the meeting to
enable the City to make reasonable arrangements to ensure accessibility to this
meeting. The Planning Division may be reached at 408-730-7440 or
planning@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)).
CALL TO ORDER
City of Sunnyvale Page 1 Printed on 2/23/2021
Zoning Administrator Hearing Notice and Agenda - Final February 24, 2021
PUBLIC HEARINGS
21-0123 Proposed Project:
SPECIAL DEVELOPMENT PERMIT: Demolish an existing 7,016
square feet auto repair/body shop buildings including a 399 square feet
mezzanine, and construct a new 10,998 square feet auto repair shop
building with a 2,231 square feet mezzanine for the Toyota Pre-owned
Vehicle Reconditioning Center.
Location: 928 West El Camino Real (APN: 201-19-036)
File #: 2019-7404
Zoning: C-2/ECR - Highway Business/Precise Plan for El Camino Real
Applicant / Owner: TWM Architects + Planners (applicant) /
Price-Simms Re, LLC (owner)
Environmental Review: Class 32 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Momoko Ishijima, 408-730-7532,
mishijima@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Special Development Permit with
recommended Conditions in Attachment 4.
21-0325 Proposed Project:
SPECIAL DEVELOPMENT PERMIT: to allow general alcohol service
at an existing restaurant (Garcia’s Taqueria) that currently allows beer
and wine.
Location: 738 S. Fair Oaks Avenue (APN: 211-08-008)
File #: 2021-7046
Zoning: C-2/ECR (Highway Business/Precise Plan for El Camino Real)
Applicant / Owner: Garcia’s Taqueria (applicant) / Roy J Divittorio
Trustee & Et Al (owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Betty Avila, 408-730-7419, bavila@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Special Development Permit with
recommended Conditions in Attachment 4.
City of Sunnyvale Page 2 Printed on 2/23/2021
Zoning Administrator Hearing Notice and Agenda - Final February 24, 2021
21-0326 Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow beer and wine sales at
an existing gas station and car wash facility.
Location: 1097 E. Duane Avenue (APN: 205-23-002)
File #: 2020-7769
Applicant / Owner: Ray Salmasi (applicant) /Sunnyvale Car Spa Inc.
(property owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Betty Avila, (408) 730-7419,
bavila@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Special Development Permit with
recommended Conditions in Attachment 4.
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 3 Printed on 2/23/2021
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