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

A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions, and City Guidelines. Class 1 Categorical Exemptions include minor additions to existing facilities.

Use: The applicant proposes the addition of a 3,600 square foot retail building within an existing shopping center. The shopping center has a mixture of uses including personal service shops, a wholesale grocery store and a total of seven restaurants. The existing shopping center has 45% of the tenant spaces occupied by a restaurant use. With the addition of the proposed 3,600 square foot retail building the shopping center would have 41% of the tenant space occupied by restaurant use. At this time there are no proposed tenants for the new retail building. Adjacent uses include similar commercial shopping centers to the north, east and west. Residential townhouse use is to the south.

Setback A4: Non-residential buildings shall have a street presence. Locate buildings as close to the setback lines as possible.

Architecture & Design

C8: Non-residential buildings on corner lots shall demonstrate a strong tie to the public streets.

The site currently has one existing trash enclosure that was recently enlarged and improved per a condition of approval requirements for a Special Development Permit to allow an expansion of a restaurant approved in December of 2000. The proposed site plan includes the addition of one additional garbage and recycling enclosure to provide services for the proposed retail building. The proposed new project as includes a tallow bin enclosure to service on-site existing restaurant uses. No restaurants are proposed with this application.

Architecture: The architecture of the proposed building is similar in style to the existing shopping center. (Attachment 4, Architectural Elevations and Floor Plan.) The building is 30 feet tall including the parapet. The proposal is a simple stucco rectangular shaped building with three aluminum and glass storefronts to match the existing buildings. The metal roof is made up of ribbed panels to match the adjacent buildings. The roof has an eight-foot eave and the proposed earth-tone colors are in keeping with the existing site color scheme. Currently the proposed architecture of the detached building matches the existing shopping center. Due to the proposed corner location of the building staff has included Condition of Approval #8 requiring architectural enhancement of the proposed building including architectural detail along El Camino Real and Henderson elevation and provide a corner architectural feature.

The following Guidelines were considered in the analysis of the project architecture.

Parking: The existing shopping center has a total of 31,858 square feet. The Municipal Code allows a parking ratio of 1 space per 200 square feet for shopping centers between the size of 20,000 square feet and 50,000 square feet. Based on this code requirement the shopping center would be required to have 221 spaces. The site currently has 222 spaces. However, the current mix of uses within the shopping center is 45% restaurant and 55% retail. Section 19.46.010 (b) of the Sunnyvale Municipal Code states, "When land or a building is occupied by more than one use, a combination of appropriate requirement shall be used in computing the necessary quantity of off-street parking."

With the addition of the proposed 3,600 square foot retail building the Shopping Center would have 41% of the tenant space occupied by restaurant use. If the shopping center were separated into discrete uses, the center would require 239 spaces. The site has a proposed total of 204 parking spaces. Attachment 3 provides an analysis of the existing and currently proposed uses of the site and the number of the parking spaces that are required.

In accordance with the parking standards of the Sunnyvale Municipal Code (SMC Chapter 19.46) the proposed retail building would require 18 additional parking spaces. As proposed, the applicant would actually be reducing parking. The proposed site plan would provides 204 parking spaces on-site when the Municipal Code would require a total of 239 parking spaces for the site. Based on a code analysis, there is insufficient parking capacity to support the proposed 3,600 square foot retail building.

In July of 2001, the applicant submitted for Preliminary Review for the proposed project. Staff reviewed the project for the 3,600 square foot retail addition and found that the site had an insufficient amount of parking spaces to support the existing and proposed uses. Based on observation of the site and the daily parking uses the applicant felt that the existing shopping center had a surplus of parking and that the existing parking could support additional retail space. Staff suggested the applicant conduct a parking study for the shopping center.

A parking occupancy survey was conducted at the site on Thursday, September 27, 2001 and Saturday September 29, 2001 by Fehr and Peers Associates to measure the parking demand of the existing uses. (Attachment 5, Parking Analysis for 1010-1038 El Camino Real). The survey was conducted during mid-day and evening peak parking periods. The numbers of parked vehicles were recorded once an hour during these survey periods. Based on the data and findings, the parking consultant found that the proposed parking supply of 205 parking spaces would be adequate for the proposed retail development expansion.

When the shopping center rate is applied to the project, without taking into consideration the high percentage of restaurants at the site, 177 parking spaces would be required (1 space per 200 s.f.). Using the code-prescribed analysis of applying a combination of appropriate rates, 239 spaces would be required (Attachment 3). The number of parking spaces proposed by the applicant is 205, which are approximately 50% of the difference between the minimum (177) and maximum (239) analyses.

Staff believes that the more conservative parking analysis should be used in this case. Recent experience with a shopping center that has a high occupancy rate of restaurants has shown that parking supply can be impacted at peak periods. Although there is some ability to control future restaurant uses through the Special Development Permit (SDP) process, staff cannot control turnover of existing restaurant space, and more successful restaurants could move into the center or into the freestanding pizza restaurant.

The proposed 3,600 square foot retail building meets all the standards for setbacks, lot coverage, landscaping, and building height requirements for C2/PD zoning district. However the proposed project does not meet the required parking standards.

The project will have an impact on the off site parking as the proposed project is deficient in parking spaces per the Municipal Code.

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

1. Approve the Special Development Permit with conditions.
   
2. Approve the Special Development Permit with modifications.
   
3. Deny the Special Development Permit.

Alternative 3.

1. The proposed use does not attain the objectives and purposes of the General Plan of the City of Sunnyvale as the project does not provide adequate parking for the proposed use.

Land Use and Transportation Element

Policy N1.13 Promote an attractive and functional commercial environment.

The proposed project does not promote a functional commercial environment, as the proposed project would not provide enough on site parking for the proposed uses within the shopping center.

2. The proposed use ensures that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties.

Back to Report 2002-0366 Attachments

1. Obtain Building Permits prior to construction.
   
2. Conditions of Approval shall be reproduced on the first page of the plans submitted for a Building Permit for this project.
   
3. Any major site plan and architectural modifications shall be treated as an amendment of the original approval and shall be subject to approval at a public hearing, except minor changes of the original approved plans may be approved administratively by the Director of Community Development.
   
4. Additional restaurant uses to the shopping center shall require approval of a separate Special Development Permit.
   
5. A solid waste management plan shall be submitted to the Department of Public Works for approval prior to issuance of a building permit
   
6. All exterior trash shall be confined to approved receptacles and enclosures.
   
1. Trash enclosures to be a minimum of 6 feet high and enclosed on all four sides, of a design, approved by the Director of Community Development prior to issuance of building permit. Install enclosure prior to occupancy.
2. The enclosure shall match the design, materials and color of the main building.

7. As required by code, the property will comply with all requirements of the Noise Ordinance.

8. Submit revised plans to the Director of Community Development for review and approval prior to issuance of a building permit. Revised plans shall address architectural details on the following:
   

1. Proposed building heights as referenced from the top of curb.
   
2. Detailed elevation drawings for all four sides of the building, specifically noting proposed exterior finishes and colors.
   
3. Detailed floor plans noting the size and location of proposed uses
   
4. Architectural enhancement to the building including architectural detail along El Camino Real and Henderson elevation and provide a corner architectural feature.

9. Prior to issuance of a Demolition Permit, a Grading Permit, or a Building Permit, which ever occurs first, the applicant shall develop a Tree Protection Plan for all existing trees proposed to be saved. The applicant shall submit the Tree Protection Plan to the Director of Community Development for review and approval, and the applicant shall install all required tree protection measures, prior to issuance of a Demolition Permit, a Grading Permit, or a Building Permit.
   

10. Final landscaping and irrigation plans shall be submitted to the Director of Community Development for approval prior to issuance of a building permit. Landscaping shall be planted prior to occupancy. The landscape plan shall include the following elements:
    
1. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
   
2. Replace missing parking lot trees with thirty-six inches box sized trees.
   
3. Existing landscape shall be repaired and maintained.
   
4. All landscape areas shall have an appropriate irrigation system.

11. All landscaping shall be maintained in accordance with approved plans.

Back to Report 2002-0366 Attachments

Attachment 3