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Zoning Administrator Hearing

Regular Meeting

Sunnyvale, CA · February 24, 2021

AgendaMinutes

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 City of Sunnyvale Page 1 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. City of Sunnyvale Page 2 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 City of Sunnyvale Page 3 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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