2002-0366 - Wayne Renshaw [Applicant] Brian J. O'Connor [Owner]: Application for a Special Development Permit to allow the construction of a new 3,600 square foot retail building in an existing shopping center. The property is located at 1010 - 1038 East El Camino Real in a C-2/PD (Highway Business/Planned Development) Zoning District. (APN: 313-03-012) EW (Continued from June 26, 2002 Administrative Hearing)

In attendance: Trudi Ryan, Administrative Hearing Officer; Gerri Caruso, Principal Planner; Erin Walters, Project Planner; Joey Mariano, Recording Secretary.

Ms. Trudi Ryan, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.

Ms. Ryan summarized the subject application.

Erin Walters, Project Planner, presented the staff report. She stated that the application was for a Special Development Permit to allow the construction of a new retail building in an existing shopping center. She concluded that staff recommended denial of the proposal due to the inadequate parking ratio.

Ms. Ryan asked staff if the setbacks on lot coverage are met. Staff responded yes. She then asked staff if the other restaurants around the area had to get a use permit for their uses. Staff responded yes.

Wayne Renshaw, Applicant, commented that this proposed project had started two years ago and was planned to place a Jack in the Box fast food restaurant in the existing shopping center. He noted that they have submitted a Preliminary Review last year that included a larger retail shopping center. He noted that in response to the first submittal the Planning Division suggested to have adequate parking. He then noted that the proposed retail building takes up 8% of the total surplus parking spaces. He noted that this proposal now compromises with the City's parking ratio standards and traffic codes.

Ms. Ryan noted that the staff report lists different types of uses. She asked Mr. Renshaw if the existing grocery store is a wholesale food market as stated on the report. Mr. Renshaw clarified that the existing grocery store is a retail grocery store. Mr. Renshaw further noted that there is not a parking problem with the proposed project.

Eugene Eggert, nearby resident, noted that his front door and kitchen window faces Bryant Way. He noted that the nearby Carl’s Jr. and 7-11 already contributes to the traffic congestion. He noted that the kids from the school already throw enough garbage on his lawn and he is not willing to clean anymore garbage from the increased traffic if the City approves this proposal. Ms. Ryan asked Mr. Eggert if he would have the same concern whether the proposed site was a retail use or a restaurant use. Mr. Eggert noted that his main concern is the added traffic problems. He is opposed to the proposed project.

Mr. Tachibana, nearby resident, noted that if the parking lot is decreased in the shopping center, then parking would continue on to the residential streets. He is opposed to the proposed project.

A nearby resident, commented that the school, a grocery, shopping centers, condominiums, apartments, and restaurants already exists around the area; therefore adding more retail stores and restaurants is going to be a problem in parking and traffic to the residential neighborhood. She further noted that the proposed retail space could impact the value of the surrounding property. She is opposed to the proposed project.

Burt Tate, nearby resident, noted that the planners have done their job diligently and agreed that the proposal should be denied.

Donna Kohn, nearby resident, agreed that the proposed project should be denied.

Satyanarayama, nearby resident, noted that besides traffic impacts, water can be an issue. He also noted that all the mixed uses around the area are a burden to his neighborhood. He noted that traffic on Bryant way is already a problem. He also noted that he has a long list of stores that violates the Sunnyvale Municipal Code. He is opposed to the proposed project.

Roger Riffengburgh, nearby resident, noted that parking is a concern. He commented that the proposed project will affect the parking for the town home residents. He expressed his concern for the concentration of restaurant and retail use in one area. He is opposed to the proposed project.

Harry Ohara, nearby resident, noted his concern with traffic. He noted that when he is on El Camino northbound, he has to wait for the traffic light to turn green a few times before he is able to make a left turn onto Henderson Avenue due to the traffic. He is also opposed to the project.

David Bider, Property Manager of the proposed site, commented on the trash issue. He noted that he has been working with Gail Bentley in the City's Public Works Department to make sure that the trash is adequately disposed. He also noted that the parking lot is swept 6 times a week.

Wendell Clifford, nearby resident, noted that parking on El Camino Real around the shopping center seems to be the same cars. He noted that the employees park on El Camino in order to save parking spaces on the shopping center.

Mr. Renshaw, noted that the new proposal is adding more trash bins and a grease bin to accommodate the proposed restaurants. He noted on traffic, and believes that the traffic engineers already analyzed the traffic study and did not recommend a further full traffic review. He noted that the landscaping areas are adequate because retail owners like to have parking as close to their business as possible. Also, he noted that the location of the shopping center is the best possible location. He noted that the parking on the streets is not from the retail centers. He noted that the traffic was studied by their traffic engineering firms and noted that traffic is adequate. He also noted that the only 24 hr uses is by the restaurants. Also, many of the uses are for the surrounding residential uses.

Ms Ryan noted that there is a concern with the surrounding neighbors. Ms. Ryan denied the Use Permit with findings provided by staff. She noted that the traffic analysis is not adequate to the uses.

Minutes approved by:

Trudi Ryan, Planning Officer