CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, July 14, 2004
2004-0464 – Robin Ellner [Applicant] George Yamaoka and Misako Trustee [Owner]: Application for a renewal of a Use Permit for a social club on a 1.5-acre site and to allow expanded hours and monthly special event. The property is located at 1155 Reed Avenue in an M-S (Industrial & Service) Zoning District. (APN: 213-01-003) KD
In attendance: Robin Ellner, Applicant; Tim Bevins; Timy Devins; Gerri Caruso, Administrative Hearing Officer; Kelly Diekmann, Project Planner; and, Gloria Barron, Recording Secretary.
Ms. Gerri Caruso, Administrative Hearing Officer, on behalf of the Director of Community Development, explained the format that would be observed during the public hearing.
Ms. Caruso announced the subject application.
Kelly Diekmann, Project Planner, presented the staff report. He summarized the subject application and noted that approximately one year ago the Use Permit was approved for a period of one year due to concerns neighbors expressed with extended hours and noise related issues. He then recommended that if the Use Permit is approved that no additional annual reviews be required. Staff noted that a petition was received which included the signature of 18 people expressing concerns with increased traffic and extended meeting hours. Staff was able to make the required Findings and recommended approval of the Use Permit subject to the Conditions of Approval recommended by staff.
Ms. Caruso stated that she read the staff report and visited the site. She also noted that she read the petitions that were submitted.
Ms. Caruso opened the public hearing.
Robin Ellner, Vice President of Operations, received and reviewed a copy of the staff report. She stated that she was not aware of any petitions being submitted and stated that the extended hours would not impact any of the neighbors. Ms. Ellner then stated that there are a lot of members in the community who are unable to attend meetings under the current hours due to their work schedule. Also, she stated that the evening hours would be very well monitored and felt there would be no impact. Ms. Ellner stated that they are very aware of their neighbors and have taken precaution to avoid disturbance. She also noted that she attended a Homeowners Associations meeting at their request. She then stated that because they are a non-profit organization their membership and meeting fees are how they stay alive. She added that by staying open they can serve Sunnyvale residents and the community.
Ms. Caruso asked Ms. Ellner if she would have any objections to having the morning, midnight meeting times, and social events extension taken under review for 1 year. Ms. Caruso explained that fees and a public hearing would not be required. She then stated that after the 1 year review period if no unreasonable complaints were received the new conditions for the extended hours would become permanent with the rest of the Use Permit. Ms. Ellner clarified that the 1 year review would be for the early meetings, evening meetings and the additional social events. Ms. Ellner stated that she would not have a problem with the 1 year review period. Ms. Caruso also did not require additional annual renewal for the originally approved Use Permit.
Staff noted a correction on Attachment 2, #2d and stated that the hours should reflect 9:30 p.m. - 12:30 a.m. He then asked the Hearing Officer to include an additional Condition of Approval stating that if there were noise complaints reported, due to music, architecture and structural reinforcements would have to be made to the doorway to mitigate the noise. He also added that he would like to make this a part of the annual review. Ms. Ellner stated that she has spoken to the landlord about possibly building a sound wall to lower noise levels.
Ms. Caruso closed the public hearing.
Ms. Caruso approved the Use Permit with the Findings provided by staff and with the Conditions of Approval recommended by staff with two additional Conditions of Approval to state: 1) in one year the expanded hours and social events will be reviewed by the Director of Community Development and determine whether to make them permanent 2) if social events noise exceeds City standards the applicant shall be required to mitigate the noise including sound attenuating improvements to the building. Ms. Caruso noted that the Use Permit that was approved last year was now approved with no further hearing required to extend that permit.
The meeting was adjourned at 2:17 p.m.
Minutes approved by:
Gerri Caruso, Principal Planner