2003-0655 - Iranian Christian Church [Applicant] The Bianchi Joint Venture [Owner]: Application for a Use Permit on a 78,887 square foot site to allow church and classroom use and a second floor mezzanine addition to an existing industrial building. The project is located at 740 E. Arques Avenue in an M-S (Industrial and Service) Zoning District. (APN: 205-32-002) (Negative Declaration)
Ryan Kuchenig, Project Planner, presented the staff report. He provided a summary of the proposed application highlighting the use, site layout, floor plan, architecture, landscaping, sidewalk requirement, parking and circulation. He noted that there is a shared parking agreement on the site allowing other tenants to use the parking in non-peak hours of church function. Staff also noted that Condition of Approval #9 requires installation of a sidewalk along Arques Avenue because of its proximity to residential. He noted that Condition of Approval #10 could be deleted as an agreement has been provided. Staff noted that a letter from the applicant has been distributed to the Planning Commission expressing concerns to the sidewalk and parking conditions. Staff was able to make the required Findings and recommended approval of the Use Permit subject to Conditions of Approval.
Comm. Simons asked staff to elaborate on the sidewalk requirements for Arques Avenue and not for San Geronimo Way. Staff responded that there were discussions whether additional sidewalk is warranted and Staff determined that the change of use would not cause a significant impact to use San Geronimo Way but rather additional sidewalk along Arques Avenue is warranted.
Comm. Simons asked staff to explain the different types of use. Ms. Ryan responded that a change of use triggers the need for sidewalk and that with proposed use. Staff felt a full installation of the sidewalk is appropriate on Arques Avenue but not in San Geronimo Way.
Vice Chair Moylan commented that during his site visit, he noticed that it is already a two story building and the applicant is asking for an additional mezzanine, therefore the application should be a Special Development Permit and not a Use Permit. Staff responded that because the application is for a change of use, a Use Permit is required. Ms. Ryan explained the Use Permit requirements and that the addition of the mezzanine needs a building permit and not a discretionary planning permit. Staff also noted that a Special Development Permit is only required when there is a Planned Development zoning.
Vice Chair Moylan further asked what would happen to the fenced-in area where a drum is currently located. Staff responded that the drum would be removed during the building permit issuance process and would be replaced with a parking space.
Comm. Swegles asked staff to clarify the parking spaces and how the 184 parking space requirement come about. Staff responded that it is based on the 500 parishioners allowed and clarified the locations of the parking spaces.
Chair Babcock asked staff whether the parking agreement would be limiting the hours of operation for the businesses on 255 San Geronimo Way. Staff responded that Condition of Approval #5 limits the maximum people allowed for the church on Sundays and that there would be enough space for the other tenants to use during business hours and would not be in conflict with the peak hour activities of the church.
Comm. Chu asked staff about the Saturday use of the parking lot. Staff responded that the parking space requirement would allow enough space for the other tenants for Saturday use.
Chair Babcock opened the public hearing.
Edward Nazarette, Architect/applicant, commented on the architectural design of the building noting that the design maintains the existing architecture and that the material, and lines of the window are also consistent with the existing elevation and color. He deferred the sidewalk and parking requirements to Mr. Kamil.
Kamil Navai, Church Pastor/applicant, thanked the Planning Commission and complimented staff for a good job. He addressed and clarified the concerns expressed about the parking agreement. He stated that the church is paying for the parking space to comply with the 184 parking space requirement in order to accommodate the future growth of the congregation. He noted that the church's peak hours are on Sundays and there will be sufficient space for church use and other tenants. He commented that currently there are 225 church members and that he needs to plan for 500 for future growth. He addressed the sidewalk stating that there is an existing on-site walk along Arques Avenue that he would like to use. He said that he has spoken with the City Arborist expressing concerns that the tree might be damaged during construction as it is located where the sidewalk would be built. He stated that he is willing to replace the tree and install the required sidewalks.
Comm. Lee asked staff to clarify Condition of Approval #9. Staff responded that the tree is protected and that the sidewalk would have to be built around it. He stated that staff is recommending not to remove the tree.
Comm. Lee asked Mr. Kamil whether he is willing to preserve the tree. Mr. Kamil responded that it would be difficult to protect the tree but he is willing to work with staff and does not want to be in violation but also would rather not damage the tree.
Edward Nazarette, applicant, commented that there is a sidewalk on Arques Avenue that is closer to the building and stated that the applicant prefers to keep the sidewalks unless recommended otherwise. He added that the parking goal would accommodate the planned 500 parishioners and that the parking space purchased for Sunday use would allow this goal.
Chair Babcock closed the public hearing.
Vice Chair Moylan made a motion on Item #2003-0655 to adopt the Negative Declaration and approve the Use Permit. Comm. Chu seconded.
Comm. Chu offered friendly amendments that Condition of Approval #5 shall allow a maximum of 500 parishioners and Condition of Approval #9 shall require installation of sidewalk along San Geronimo. Vice Chair Moylan accepted.
Vice Chair Moylan pointed out that the application is consistent with the General Plan and that the applicant advances the goals of the General Plan by improving the job/housing ratio.
Comm. Chu added that besides improving the job/housing ratio, the use also improves the quality of life in Sunnyvale. He added that since most church members live in Sunnyvale, there would be reduced air pollution and traffic. He welcomed the Church to Sunnyvale and hoped for successful achievement of their goal.
Comm. Swegles commented the he would prefer to be consistent with the requirements. He noted that the item is similar to a previously approved Use Permit with a requirement to return to Planning Commission to increase the allowable parishioners and increase appropriate parking requirements when the church membership grows.
Comm. Simons felt that the new use is fine for this particular industrial site. He stated that his main concern is the pedestrian and kids walking on the other side of the street. He hoped to have a minimum damage to the tree. He added that he finds the Conditions of Approval consistent with the previous application because this application is slightly different.
FINAL MOTION:
Vice Chair Moylan made a motion on Item #2003-0655 to adopt the Negative Declaration and approve the Use Permit with modification that 1) Condition of Approval #5 shall state "not to exceed 500 parishioners", and 2) Condition of Approval #9 shall state installation of sidewalk along San Geronimo and Arques Avenue. Comm. Chu seconded.