This project was reviewed at an Administrative Hearing on January 30, 2002 (Minutes, Attachment 8). Staff recommended approval based on compliance with development standards and conformance with the Goals of the General Plan in providing convenient commercial services in industrial areas. Owners of nearby restaurants and other restaurants in the center attended the hearing and stated concerns with the number of restaurants in the area and the availability of parking and adequacy of trash services. They requested that the application be denied, as the site did not have the capacity for an additional restaurant.

The Administrative Hearing Officer took the matter under advisement for a period of 48 hours. After consultation with Solid Waste staff and field visits to assess the parking situation during the lunch hour, the Hearing Officer approved the Use Permit with modifications to the conditions requiring installation of a cardboard recycling container and increase in the collection frequency of trash if determined necessary (Attachment 8).

On February 14, 2002, the owners of Java Street Café, another restaurant located at the western end of the center, appealed this decision. The appeal letter restated concerns with trash pickup services (Attachment 5, pg. 1). A previous letter submitted at the Administrative Hearing stated concerns with parking and garbage, as well as the number of restaurants located in the immediate area. The Planning Commission heard the appeal on March 11, 2002 and also recommended approval of the Use Permit with attached conditions (Attachment 9). The owners of the Java Street Café appealed the Planning Commission’s decision, stating concerns with adequacy of the parking and concerns with protecting small businesses (Attachment 5, pg. 2-5).

Previous Actions on the Site: The following table summarizes previous planning applications related to the subject site.

The original Use Permit of 1979 limited the total number of restaurants in the shopping center to one. The reason for this Condition is not stated. This condition was subsequently modified in 1980 to allow two restaurants with limited seating capacity. A Variance accompanied this application, as parking regulations at that time required a higher number of parking spaces than current standards. Another modification was approved in 1983 to allow expansion of the seating capacity of the second restaurant.

The proposed project is to allow a 930 sq. ft. restaurant in a shopping center where two restaurants already exist. Previous Use Permits have limited the site to two restaurants. This application would be a modification to the previous Use Permits to allow a third restaurant at the center.

Use: The existing shopping center has a mix of uses including office, retail services and restaurants. There are two restaurants in the center: an approximately 6,000 sq. ft. deli and a 930-sq. ft. sushi restaurant. The total floor area of the center currently consists of 33% office, 25% retail and 40% restaurant. While the center does contain a mix of uses, approximately 40% of the total square footage is devoted to restaurants. With the proposed application, that would rise to 45%.

The proposed restaurant would also occupy a 930 sq. ft. space within the center, replacing an office use. There would be a total of 10 fixed seats located in the restaurant (see Attachment 3, Floor Plan).

Site Layout: The site is located on the southwest corner of Java and Geneva Drives. The parking is located in front of the building. The proposed restaurant will be located at the center of the site (see Attachment 3, Site Plan).

Parking/Circulation: Moffett Plaza exceeds the required parking for shopping center uses of less than 20,000 sq. ft., providing 123 spaces where 120 are required. At the Planning Commission hearing there were questions raised regarding the parking requirements for the outside seating at the center. The data table and figures have been revised to include the 30 outdoor spaces for Java Street Café and the 7 permitted spaces for Java Sushi. The actual area of the shopping center buildings requires 101 spaces, and the outdoor seating area of 37 chairs requires an additional 19 spaces for a total of 120 spaces.

The restaurant itself would require 7 parking spaces if it were free-standing: 5 for the fixed seats and 2 for the remaining floor area in the restaurant.

If the shopping center were separated into discrete uses, the center would require 149 spaces (as shown below).

Sunnyvale Municipal Code section 19.46.010(c) states that "when more than one use occurs on a property and the different uses which occur have different times of peak parking demand, the director of community development may determine, through the miscellaneous plan permit process, the amount of parking to be required for the site."

The office uses have peak periods in the morning and afternoon, which will offset the peak period for restaurants at lunchtime. The center exceeds the minimum parking required for shopping centers and is within walking distance of businesses and the Borregas light rail station. Staff finds that the site provides adequate parking for a third restaurant with 10 fixed seats.

In response to concerns brought up by several surrounding business owners, staff conducted two field visits to the site at lunchtime to assess the parking demand. At 12:30 p.m. on Thursday and Friday, January 31 and February 1, a maximum of 75% of the parking spaces were filled.

Trash Service: There are two trash enclosures at either end of the shopping center. The eastern enclosure is larger than the western enclosure, allowing for a 3-cubic yard garbage bin and a cardboard recycling container. The western enclosure has a 3-cubic yard bin. The site has garbage pickup two times a week.

Solid Waste staff reviewed the existing solid waste facilities and determined that the existing bin size and service levels are adequate for the amount of restaurant existing and can easily be increased if needed. Discussion with drivers of the trash trucks indicates that the site is kept in a clean manner and that trash is not overflowing the existing bins. Condition of Approval #7 requires installation of a cardboard bin in the eastern enclosure to assist in recycling the large number of boxes that restaurants typically generate. Staff does not recommend any increase in service or bin size. As part of an ongoing effort, Solid Waste staff remains in contact with trash truck drivers and property owners to maintain adequate levels of service.

The site meets current standards for landscaping and parking spaces. No further upgrade is recommended at this time.

The expected impact on the surroundings will be minimal. The percent change in restaurant area is very small, and no substantial traffic or parking impacts are expected as result of this project.

No fiscal impacts other than normal fees and taxes are expected.

1. Deny the Appeal and approve the Use Permit with attached conditions.
2. Deny the Appeal and approve the Use Permit with modified conditions.
3. Uphold the Appeal and deny the Use Permit.

Alternative 1.

Prepared by:
Diana Peattie, Project Planner

Reviewed by:
Trudi Ryan, Planning Officer

Robert Paternoster
Director of Community Development

Approved by:
Robert S. LaSala
City Manager

Return to Attachments