CITY OF SUNNYVALE
ADMINISTRATIVE HEARING
MINUTES
Wednesday, January 12, 2005
2004-0929 – B2 Perfection [Applicant] S. O. McDonald Enterprises Inc. [Owner]: Application for Use Permit on a 1.2-acre site to allow autobody and general auto repair in an existing building. The property is located at 150 North Wolfe Road in an M-S (Industrial & Service) Zoning District. (APN: 205-43-028) TZ
In attendance: Bill Nippes, Applicant; Steve Gazzera, S.O McDonald Enterprises; Bradley Trost; Frank & Martha Rebagliati; Gerri Caruso, Administrative Hearing Officer; Diana O’Dell, Project Planner on behalf of Teresa Zarrin; 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.
Diana O’Dell, Project Planner, on behalf of Teresa Zarrin, presented the staff report. She summarized the subject application and stated that the Use Permit was required because the building had been vacant for more than one year. Staff referred to the Conditions of Approval and noted that a condition had been added to increase the landscaping, improve the exterior of the building and make sure parking is brought up to the current code. Staff also noted that the applicant will only be required to provide one handicap parking space and not four as originally listed. Staff modified Condition of Approval #5a to state that the landscaping irrigation plan be submitted and installed prior to occupancy. Staff then referred to Condition of Approval #7b and asked that the roof screening plan also be submitted prior to occupancy.
Ms. Caruso opened the public hearing.
Bill Nippes, Applicant, stated that he received and reviewed a copy of the staff report. He stated that he agreed with the Conditions of Approval and was pleased that the handicap issue had been resolved. Mr. Nippes confirmed with Ms. Caruso that he could apply for his business license and other permits. Ms. Caruso stated that buildings permits would be issued until the appeal period has officially ended. Ms. Caruso explained the appeal process. Ms. Caruso asked Mr. Nippes to submit all landscaping plans to staff.
Steve Gazzera, Attorney for S.O McDonald Enterprises, stated that he has worked intimately with Mr. Bill Nippes and has reviewed what he has proposed to do. Mr. Gazzera stated that he is impressed with Mr. Nippes diligence, integrity and the type of business that he operates in Mountain View. Mr. Gazzera stated that he was in support of the application.
Martha Rebagliati, asked Ms. Caruso if it was legal to top a fence with razor wire and expressed concerns with someone getting hurt. Ms. Caruso stated that she would have to research that information. Ms. Rebagliati then asked if the paint booth was going to be inside the building. Ms. Caruso stated that it would be inside the building. She then asked where the cars needing repair would be stored. Ms. Caruso stated that the cars would be parked in the back portion of the lot in an organized manner. Ms. Rebagliati then asked if the cars would be leaking oil, gas or chemicals. Ms. Caruso stated that it would be possible but they may require oil water separators to prevent the oil from going into the storm drain. Ms. Rebagliati asked if it would be possible to put redwood slats at the back of the property so that she does not have to see those cars from her property. Ms. Caruso stated that she would ask the applicant. Ms. Caruso summarized Ms. Rebagliati’s concerns and stated that she would take them into consideration.
Mr. Nippes stated that the razor wire is currently there to prevent people from jumping the fences to try to get to their cars. Mr. Nippes stated that he does not necessarily like the razor wire but would like to keep it to keep the vehicles safe. He then referred to the fencing in the back and stated that he would not have a problem with adding fencing in the back but would like some time to put in a good neighbor fence. Mr. Nippes then stated that he uses plastic containers and trays under the cars for leaking fluids.
Ms. Caruso closed the public hearing.
Ms. Caruso took the application under advisement until Tuesday, January 18, 2005 to allow time to check the code about razor wire and get advice from the City Attorney’s office about approving a fence with razor wire and the liability behind it. She also stated that she would review the conditions to make sure the appropriate conditions are stated that cover the leaking fluid in the report. Ms. Caruso also stated that she would consider adding a condition requiring that the rear fence be upgraded in a six months period.
Addendum
The Administrative Hearing Officer took the item under advisement and made a decision on Tuesday January 18, 2005. The Hearing Officer approved the application with the conditions of approval recommended in the staff report with the changes referred to by Diana O’Dell at the hearing to submit and install the landscape irrigation plan before occupancy and that the roof screening plan also be submitted prior to occupancy. Ms. Caruso added three conditions: 1) Signs shall be installed on site perimeter fence warning of razor wire; 2) Collection pans shall be placed under all cars with leaking fluid; 3) Within six months of occupancy, slats or other screening fencing shall be installed along the rear fence to screen view of wrecked cars.
Ms. Caruso stated that the decision is final unless appealed to the Planning Commission with payment of the appeal fee within the 15-day appeal period.
The meeting was adjourned at 2:42 p.m.
Minutes approved by:
Gerri Caruso,
Principal Planner