September 21, 2004
SUBJECT: 2003-0634 Request to delete a Condition of Approval requiring landscaping for an approved Use Permit for a seasonal practice tent at 1095 Dunford Way (APN: 313-10-004)
REPORT IN BRIEF
This application is a request to modify a condition of approval of Use Permit 2003-0634 to require screening landscaping for a football practice tent. Taking into consideration the new lease agreed to by the Santa Clara Unified School District and the Sabercats team for a limit of one more year, staff supports the removal of the condition of approval regarding landscaping.
BACKGROUND
On January 6, 2004, the City Council considered an appeal of a Planning Commission decision to allow a tent over the Sabercats practice field on a 71-acre school site. The City Council approved the permit for the tent on appeal with conditions including a condition that screening landscaping be installed around the tent. The City Council also required that the tent come back for review by the Council in the Fall of 2005 before the 2006 season. There was considerable neighborhood opposition to the tent due to the visual impact of the large tent and the noise impact when the tent flaps on windy days.
The Sabercats are now requesting that the condition for screening landscaping be deleted from the Use Permit. The Santa Clara Unified School District has informed the Sabercats that the lease for the field will not be renewed past the 2005 season. Therefore, the Sabercats do not want to go to the expense of landscaping for a temporary situation, nor does the School District want the responsibility to maintain or remove landscaping after the team leaves in 2005. According to a letter provided by the School District, the neighbors in the vicinity of the tent have indicated that they do not want screening landscaping installed. They would prefer to live with the tent as is for one more year.
Click here for the Site Image (jpg)
EXISTING POLICY
Use Permit 2003-0634 was approved with Condition of Approval No 10:
Prepare a landscape plan, which will address the area around the tent site, and tree species shall be at the recommendation of the City Arborist. The landscape plans shall be reviewed and approved by the Director of Community Development prior to issuance of a building permit.
The landscape plan was submitted and approved in May 2004. This application is a request to delete the landscaping requirement due to the intentions of the Sabercats to move their facility from the Dunford Avenue location after the 2005 season.
DISCUSSION
Taking into consideration the situation between the Santa Clara Unified School District and the Sabercats, that the team will vacate the school site after the 2005 season, staff supports the request to delete the landscaping condition of approval, provided however, that if the team should decide to stay after the 2005 season, they will require a new Use Permit with landscaping to be installed immediately per the approved plan.
FISCAL IMPACT
There is no anticipated fiscal impact to the City.
PUBLIC CONTACT
Notices were mailed to property owners located within 300 feet of the project site as well as other interested parties. A notice was placed in the Sunnyvale Sun newspaper. The agenda and staff report for this project were posted on the City’s website.
ALTERNATIVES
1. Approve the request to modify Use Permit 2003-0634 by deleting Condition of Approval No. 10 requiring landscaping.
2. Deny the request to delete the landscaping requirement.
RECOMMENDATION
Staff recommends Alternative 1.
Prepared by:
Gerri Caruso
Principal Planner
Reviewed by:
Trudi Ryan
Planning Officer
Reviewed by:
Robert Paternoster
Director of Community Development
Approved by:
Amy Chan
City Manager
Attachments (.pdf)
A. Letter from San Jose SaberCats dated August 16, 2004
B. Letter from Santa Clara Unified School District dated July 26, 2004