CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, October 27, 2004
2004-0775 – Friedrich Ventures, Inc. [Applicant] Varni Properties [Owner]: Application for a Special Development Permit on a 3.2-acre site to allow an indoor children’s recreation facility. The property is located at 1165 North Fair Oaks Avenue in a C-2/PD (Highway Business/Planned Development) Zoning District. (APN: 110-29-040) SL
In attendance: Walter Friedrich, Applicant; Jon Varni, Owner; Miguel Sanchez, President of Traditions Townhomes; Gerri Caruso, Administrative Hearing Officer; Steve Lynch, 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.
Ms. Caruso opened the public hearing.
Walter Friedrich, Applicant, stated that he received and reviewed a copy of the staff report. He referred to the proposed hours of operation and confirmed that the hours of operation on weekends would be from 9:30 a.m. - 10:00 p.m. and 10:00a.m. - 10:00 p.m. on weekdays. Mr. Varni then clarified that the birthday child will be allowed to invite 25 children which would be a total of 26 children including the birthday child.
Miguel Sanchez, President of Traditions Townhomes, expressed his concerns regarding the hours of operation. He stated that primarily the surrounding land uses have consisted of a light industrial to office work area and now felt that with the added hours for the proposed project the neighborhood would be disturbed in the evening hours. Mr. Sanchez stated that he was also concerned with the majority of the activity happening in the evening and weekends and therefore an increase in activity and noise level to the surrounding residents. He then stated that due to the few amount of parking spaces located in the front parents would be forced to drop off their children through the back creating noise levels to increase for the neighboring residents. Mr. Sanchez then stated that caterers will probably use the back side to make their deliveries and will probably stay through the entire event until 11:00 p.m. He then referred to the site layout and asked for clarification regarding the tenant spaces. Staff clarified that a total of 4 tenant spaces occupied the property. Mr. Sanchez asked if there were any plans to bring the landscaping into conformance. Ms. Caruso responded that they are required by code to replace and maintain the current landscaping. Mr. Sanchez reiterated that his biggest issues were the increase of hours and increase in noise level. Ms. Caruso confirmed with staff that the area was recently rezoned to C-2 (Highway Business/Planned Development) and asked Mr. Sanchez if the was aware of the rezoning. Mr. Sanchez stated that he was aware of the rezoning. Ms. Caruso then stated that the City is looking into providing more commercial type uses that may include an increase in hours and traffic. Mr. Sanchez stated that at the time the area was rezoned there were other plans for that facility which he was more in line with.
Jon Varni, Owner, clarified the non-conforming use with respect to the landscaping and stated that he believes that there is a great need for child facilities and people that can accommodate child service needs with the City of Sunnyvale and throughout the Bay Area. Mr. Varni stated that he believes it is a good use for the property and is excited about the project.
Mr. Friedrich stated that the catering service will only deliver the food and not remain in the facility and will not stay to clean up. Ms. Caruso asked Mr. Friedrich who cleans up. Mr. Friedrich responded that the people running the facility serve the food and clean up. Ms. Caruso confirmed with Mr. Friedrich that at no time there would be a full service caterer unloading dishes and serving beverages. Mr. Friedrich added that more people have been looking for options to take their children for parties. He confirmed that the parties will be indoors in a healthy and safe environment for the children.
Ms. Caruso closed the public hearing.
Ms. Caruso approved the Special Development Permit with the Findings provided by staff with the Conditions of Approval recommended by staff with a modification to condition #9 to state that the hours of operation will be 9:30 a.m. - 10:30 p.m. on weekends.
Ms. Caruso stated that the decision is final unless appealed during the 15-day appeal period.
The meeting was adjourned at 2:20 p.m.
Minutes approved by:
Gerri Caruso,
Principal Planner