Zoning Administrator Hearing
Regular MeetingSunnyvale, CA · May 24, 2023
Minutes
City of Sunnyvale
Meeting Minutes
Zoning Administrator Hearing
Wednesday, May 24, 2023 3:00 PM Teleconference: City Web Stream
Public Participation
Accessibility/Americans with Disabilities Act (ADA) Notice
CALL TO ORDER
Michelle King, Zoning Administrator, called the meeting to order at 3:00 p.m.
PUBLIC HEARINGS
Proposed Project:
USE PERMIT to allow a kindergarten-6th grade afterschool program
at an existing church.
Location: 653 W Fremont Avenue (APN: 202-06-003)
File #: 2022-7616
Zoning: P-F (Public Facility)
Applicant / Owner: SanYu Learning Center (applicant) / Pastor
Robert Colon
(owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA)
provisions.
Project Planner: Aastha Vashist, 408-730-7458,
avashist@sunnyvale.ca.gov
Ms. King inquired with Aastha Vashist, Project Planner, if there were any additions
to the staff report.
Ms. Vashist had no updates to the staff report and received no public comments.
Ms. King inquired with the applicant if there were any additions or comments.
Kenneth Chan, applicant, had no updates or comments.
Ms. King opened the hearing to public comments.
No members of the public wished to speak.
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Zoning Administrator Hearing Meeting Minutes May 24, 2023
Ms. King closed the hearing to public comments.
ACTION: Approve the Use Permit with recommended Conditions in Attachment 3.
Proposed Project:
USE PERMIT to allow a 600 square foot addition to an existing
preschool building and associated site improvements.
Location: 1025 The Dalles (APN: 320-11-010)
File #: 2022-7380
Zoning: P-F (Public Facilities)
Applicant / Owner: Artik Art & Architecture / St. Luke Lutheran
Church of Sunnyvale
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA)
provisions.
Project Planner: Cindy Hom, 408-730-7411,
Chom@sunnyvale.ca.gov
Ms. King inquired with Cindy Hom, Project Planner, if there were any additions to
the staff report.
Ms. Hom acknowledged that this item was continued from the May 10th Zoning
Administrator hearing in order for staff to complete their research. Ms. Hom noted
there was a public comment addressed in the staff report, but otherwise had no
updates.
Ms. King inquired with the applicant if there were any additions or comments.
Gayatri Medury, project manager, gave a short presentation detailing the history,
scope, and details of the use of the project.
Ms. King opened the hearing to public comments.
Sharlene Liu expressed approval of the project. Ms. Liu noted she and her children
had positive experiences with the preschool in the past and she feels that the
project would enrich the area.
Vivian Euzent also expressed approval of the project. Ms. Euzent echoed Ms. Liu’s
sentiments and added that the project would offer a great opportunity to the nearby
community as a reasonably priced childcare option. Ms. Euzent attributes her
childrens’ success to the great teaching methods of St. Luke’s.
Dianne McKenna agreed with previous speakers and stated that the City should not
pass up the opportunity for the community.
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Zoning Administrator Hearing Meeting Minutes May 24, 2023
Roy Tuason expressed approval for both the project and program.
ACTION: Approve Use Permit with recommended Conditions in Attachment 4.
Proposed Project:
USE PERMIT to allow a new fitness studio in a shopping center.
Location: 1366 S Mary Ave (APN: 323-01-018)
File #: 2022-7695
Zoning: C-1 (Neighborhood Business)
Applicant / Owner: EJ Fitness LLC (applicant) / DeAnza Square
Shopping Center LP (owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA)
provisions.
Project Planner: Kelly Cha, 408-730-7408, kcha@sunnyvale.ca.gov
Ms. King inquired with Kelly Cha, Project Planner, if there were any additions to the
staff report.
Ms. Cha had no updates to the staff report and received no public comments.
Ms. King inquired with the applicant if there were any additions or comments.
Edwin Rivera, had no comments or updates.
Ms. King opened the hearing to public comments.
Andy Gonzales stated the studio is a benefit to his family. Mr. Gonzales hoped the
project will continue.
Steve Aubrey questioned why the permit process was not started before business
was conducted. Mr. Aubrey expressed concern over the classes spilling out into the
parking lot and over noise from music when doors are open.
Ms. Cha noted business should not have began before approval. Ms. Cha stated
that there is a Condition of Approval AT-4 which prohibits loud speakers outside of
the building. She noted that a condition can be added to ensure all business will be
conducted indoors and with doors closed to prevent noise disrupting the
community.
Ms. King agreed that a condition to prevent noise from leaving the premises can be
enforced. She also noted while activity outside the building in parking lots were
common during COVID-19 protocols, it is currently not allowed.
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Zoning Administrator Hearing Meeting Minutes May 24, 2023
Devin Rivera, applicant, states that business has not started on the premises yet.
Ms. Rivera stated that the business is in the process of moving in and could be
mistaken as the conducting business. She stated that she is willing to abide by all
Conditions of Approval and that no noise should spill out of the building.
Ms. King stated she will work with Ms. Cha to ensure the Conditions of Approval
are sufficient to prevent any noise spillage from the building.
ACTION: Approve Use Permit with recommended findings in Attachment 2 and
recommended Conditions in Attachment 3.
ADJOURNMENT
Ms. King adjourned the hearing at 3:25 p.m.
City of Sunnyvale Page 4
Agenda
City of Sunnyvale
Notice and Agenda - Final
Zoning Administrator Hearing
Wednesday, May 24, 2023 3:00 PM Teleconference: City Web Stream
Meeting Online link: https://sunnyvale-ca-gov.zoom.us/j/94442399040
Public Participation
• Online participation: You may provide audio public comment by connecting to
the hearing online or by telephone. Use the Raise Hand feature to request to
speak (*9 on a telephone):
Hearing online link: https://sunnyvale-ca-gov.zoom.us/j/94442399040
Hearing call-in telephone number: 833-548-0276 | Meeting ID: 944 4239 9040
• Watch the Zoning Administrator hearing at
www.Sunnyvale.ca.gov/YouTubeMeetings
• Submit written comments to the Zoning Administrator no later than 4 hours prior
to the hearing start to planning@sunnyvale.ca.gov or by mail to Sunnyvale
Planning Division, 456 W. Olive Avenue, Sunnyvale, CA 94086-3707
• Review recordings of this hearing and past hearings at
https://sunnyvaleca.legistar.com/calendar.aspx or
http://youtube.com/SunnyvaleMeetings
Accessibility/Americans with Disabilities Act (ADA) Notice
Pursuant to the Americans with Disabilities Act (ADA), if you need special
assistance to provide public comment, or 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. ADA contact: The
Planning Division may be reached at 408-730-7440 or
planning@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)).
CALL TO ORDER
Call to Order via teleconference.
City of Sunnyvale Page 1 Printed on 5/18/2023
Zoning Administrator Hearing Notice and Agenda - Final May 24, 2023
PUBLIC HEARINGS
23-0589 Proposed Project:
USE PERMIT to allow a kindergarten-6th grade afterschool program at
an existing church.
Location: 653 W Fremont Avenue (APN: 202-06-003)
File #: 2022-7616
Zoning: P-F (Public Facility)
Applicant / Owner: SanYu Learning Center (applicant) / Pastor Robert
Colon
(owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Aastha Vashist, 408-730-7458,
avashist@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Use Permit with recommended
Conditions in Attachment 3.
City of Sunnyvale Page 2 Printed on 5/18/2023
Zoning Administrator Hearing Notice and Agenda - Final May 24, 2023
23-0599 Proposed Project:
USE PERMIT to allow a 600 square foot addition to an existing
preschool building and associated site improvements.
Location: 1025 The Dalles (APN: 320-11-010)
File #: 2022-7380
Zoning: P-F (Public Facilities)
Applicant / Owner: Artik Art & Architecture / St. Luke Lutheran Church
of Sunnyvale
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Cindy Hom, 408-730-7411, Chom@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Use Permit with recommended
Conditions in Attachment 4. Staff is supportive of the use
permit because the addition is modest in size and will be
designed to match the existing architecture of the preschool
building. The proposed addition will not intensify the site in
terms of parking and traffic because the proposed use permit
will anticipate 102 children which is less than the 120 children
that are currently allowed with the existing use permit. The
preschool use is an existing use at the site and will not conflict
with the church operations. With the implementation of the
conditions of approval, the preschool use will be generally
compatible with surrounding uses and will not result in
negative impacts or be injurious to property, improvements,
public safety and general welfare.
23-0624 Proposed Project:
USE PERMIT to allow a new fitness studio in a shopping center.
Location: 1366 S Mary Ave (APN: 323-01-018)
File #: 2022-7695
Zoning: C-1 (Neighborhood Business)
Applicant / Owner: EJ Fitness LLC (applicant) / DeAnza Square
Shopping Center LP (owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Kelly Cha, 408-730-7408, kcha@sunnyvale.ca.gov
Recommendation: Alternative 1. Approve the Use Permit with the recommended
Findings in Attachment 2 and recommended Conditions in
Attachment 3.
City of Sunnyvale Page 3 Printed on 5/18/2023
Zoning Administrator Hearing Notice and Agenda - Final May 24, 2023
ADJOURNMENT
Notice to the Public:
Agenda information is available by contacting The Planning Division at
408-730-7440 or planning@sunnyvale.ca.gov. Agendas and associated reports are
also available 72 hours before the meeting on the City’s website at
sunnyvale.ca.gov and during normal business hours at the NOVA Workforce
Services reception desk located on the first floor of City Hall at 456 W. Olive
Avenue.
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.
City of Sunnyvale Page 4 Printed on 5/18/2023
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