CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, May 12, 2004
2004-0303 – Vladimir Taft [Applicant] Varni Properties, Inc. [Owner]: Application for a Special Development Permit on a 2.9 acre site to allow a 17,894 square-foot adult day health care facility in a portion of an existing industrial building. The property is located at 1161 North Fair Oaks Avenue in an R-4/PD (High Density Residential/Planned Development) Zoning District. (APN: 110-29-040) SL
In attendance: Vladimir Taft, Applicant; Vladimir Ruminic, Applicant; Pat Castillo; Miguel Sanchez; Jon Varni; Michelle Thong; Fred Bell, Administrative Hearing Officer; Steve Lynch, Project Planner; and Gloria Barron, Recording Secretary.
Mr. Fred Bell, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.
Mr. Bell announced the subject application.
Steve Lynch, Project Planner, presented the staff report. He summarized the subject application and noted that on May 10th he received an email, from an adjacent neighbor, expressing concerns about privacy nuisance and noise pollution. Also, Mr. Lynch stated that the neighbor would like the proposed 6 foot fence to be increased to 8 feet to avoid people looking into his kitchen window.
Mr. Bell asked staff if any other correspondence or calls had been received regarding the application. Staff responded that he did receive about a dozen phone calls regarding the application. He noted that the majority of the calls were in favor of the use but some concerns were raised regarding noise. Mr. Bell stated that he reviewed a copy of the staff report. He then referred to Condition of Approval #4 and #20 which related to loading and unloading in the parking lot. Mr. Bell confirmed with staff that the bulk of the loading and unloading would occur along the Fair Oaks side of the property. Staff agreed and responded that the majority of activity would occur at the front of the facility. Staff then clarified that unloading of food and any catering or cargo would occur in the back through the loading area.
Mr. Bell opened the public hearing.
Vladimir Ruminic, Applicant, reassured the public that they plan to keep the area quiet and there will be no noisy activities. He then stated that once a day there will be a small truck that will deliver food to the premises through the back side of the parking lot. Mr. Ruminic believed that the neighbors will be pleased with the facility. He reviewed and agreed to the Conditions of Approval.
Miguel Sanchez, Traditions HOA President, stated that most of the homeowners within the Traditions community are pleased with the project. He stated that some concerns were raised regarding noise echoing from the parking lot and would appreciate anything that could be done to mitigate the noise. Mr. Sanchez welcomed the new neighbors.
Michelle Thong, asked if there would be any noise related to ambulance sirens arriving to the site. Mr. Bell directed the question to Mr. Ruminic.
Mr. Ruminic assured Ms. Thong that emergency services to the site were not anticipated unless, like with any business, an emergency occurred. He noted that the State requires them to provide participants with a close hospital or emergency facility in case they require emergency services. Mr. Bell then asked Mr. Ruminic if he had considered a taller fence than the one being proposed. Mr. Ruminic responded that he had not because he believes that a fence taller than 6 feet is not required by the City. He also stated that the fence is relatively far away from the condominiums but would consider it if it was required.
Mr. Bell asked Mr. Ruminic what activities were anticipated outside. Mr. Ruminic responded that they will have umbrellas and chairs out in the patio but no activities or music will be allowed. Mr. Ruminic urged for the approval of the application and stated that it would be an asset to the community and the City would benefit from having this facility.
Mr. Bell asked staff what the dimensions of the outdoor area would be. Staff responded that the area would be approximately 2,000 square feet.
Mr. Bell closed the public hearing.
Mr. Bell approved the Special Development Permit with the Findings provided by staff and with the Conditions of Approval recommended by staff with an additional condition stating that the proposed fence shall be 6 feet with a 1 foot lattice top for a total of 7 feet to be painted to match the color of the building and details shall be submitted and reviewed by the Director of Community Development prior to the issuance of any permits.
Mr. Bell stated that the decision is final unless appealed during the 15-day appeal period.
The meeting was adjourned at 2:21 p.m.
Minutes approved by:
Fred Bell,
Principal Planner