2003-0897 - Phillip Alampi [Applicant] Lawrence Oakmead Center Llc [Owner] - Application for a Use Permit on a 3-acre site to allow on-site sale of beer in an existing internet/gaming business.  The property is located at 540 Lawrence Expressway in an M-S (Industrial & Service) Zoning District.  (APN: 216-44-086) RK

In attendance: Phillip Alampi, Applicant; Trudi Ryan, Administrative Hearing Officer; Ryan Kuchenig, Project Planner; Gerri Caruso, Principal Planner; and, Gloria Barron, 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 announced the subject application.

Ryan Kuchenig, Project Planner, presented the staff report.  He summarized the subject application and noted a correction to the staff report.  He stated that there are 199 parking spaces on site but only 187 parking spaces were noted.  He then clarified that the site has sufficient parking spaces even with 187 parking spaces.  Staff recommended approval of the Use Permit subject to the Conditions of Approval. 

Ms. Ryan reviewed the hours of operation with staff and clarified that the applicant was requesting the same hours of operation.  Ms. Ryan asked staff if there was a condition regarding the hours of operation on the Miscellaneous Plan Permit previously granted.  Staff responded that they had earlier hours until midnight.  Ms. Ryan verified with staff that the 2:00 a.m. hour was a comfort level with Public Safety due to the sale of alcoholic beverages.  Staff agreed. 

Ms. Ryan opened the public hearing.

Phillip Alampi, Applicant, received and reviewed a copy of the staff report.  He referred to the closing hours of the facility and asked Ms. Ryan if there are other businesses in Sunnyvale that stay open later than 2:00 a.m.  Ms. Ryan responded that the standard hour is 2:00 a.m.  Mr. Alampi stated that on occasion they will have an event where they will stay open from 10 p.m. on Saturday and it will run until noon on Sunday and asked if that would be allowable.  Ms. Ryan responded that not under recommended Use Permit Conditions. Ms. Ryan asked Mr. Alampi how often he would have the all-night events.  Mr. Alampi responded that probably quarterly.  Ms. Ryan asked staff if the special event situation was explored with Public Safety.  Staff responded that he did not pursue that. Ms. Ryan stated that perhaps a Condition of Approval stating that a Miscellaneous Plan Permit is required for special events could be added.  Mr. Alampi asked if he would be required to obtain a Miscellaneous Plan Permit for each planned event.  Staff responded that on a quarterly basis it could be done through a Miscellaneous Plan Permit but if it was an event he wanted to do monthly they would have to explore additional Conditions of Approval.  Mr. Alampi did not want to explore the event option at that time.  

Ms. Ryan closed the public hearing.

Ms. Ryan approved the Use Permit and adopted the Findings recommended by staff and the Conditions of Approval recommended by staff. 

Ms. Ryan stated that the decision is final unless appealed during the 15-day appeal period.

The meeting was adjourned at 2:47 p.m.

Minutes approved by: 

Trudi Ryan, Planning Officer