PROJECT DATA TABLE

Description of Proposed Project

The proposed project is for a Use Permit to allow church, school and office uses within an existing industrial building located at 965 E. Arques Avenue.  The site is zoned M-S (Industrial and Service). The site was developed in 1975 with two industrial office buildings.  The site has been occupied by industrial office and research and development uses since the development of the site in 1975.  The site is currently vacant and was subdivided for separate condominium ownership in June of this year. The new use would utilize an approximately 30,040 square foot space within one of the two buildings (rear).   The remaining uses on site would be for general industrial or R&D offices.  The applicant has indicated that the site would operate each day of the week at varied hours of the day.  The expected demands of the proposed use for the site are noted below:

Activity	Hours of Operation	Expected Attendance
Sunday worship / children’s religious instruction	8:00am to 2:00pm	400 adults & 100 children
Friday/Saturday Evening Fellowship:	7:00pm to 10:00pm	100 people
Wednesday Evening Meeting	7:00pm to 10:00pm	30 people
Weekdays	9:00am to 5:00pm	10 people
Saturday Training	9:00am to 1:00pm	50 people

As noted above, the peak use of the building will take place on Sundays, during non-business hours of other surrounding uses.   A breakdown of the needed parking onsite is detailed in the “Parking/Circulation” section of this report. 

Background

Previous Actions on the Site: The following table summarizes previous planning applications related to the subject site.

File Number	Brief Description	Hearing/Decision	Date
2005-0284	Parcel Map to subdivide the lot into two condominium lots	Administrative/ Approved	06/29/05
2002-0579	Tree Removal Permit for a liquidambar tree	Staff/Approved	7/30/02

 The application was filed and reviewed by the Planning Commission prior to the current moratorium related to places of assembly in industrial and commercial zoning districts.

Planning Commission Hearing: On September 12, 2005, the proposed application was considered by the Planning Commission and denied by a 6-0 vote stating concerns with compatibility with the industrial area. The applicant and eleven members of the public expressed support for the proposal and noted characteristics of the site and compatibility with the neighborhood. One resident spoke against the proposal citing concerns with the loss of an industrial use at this site.  The minutes of this meeting can be reviewed in Attachment F.  The applicant filed an appeal of the Planning Commission decision. 

Originally, the appeal hearing was scheduled to be heard by City Council on October 18, 2005.  The applicant requested a continuance to November 22, 2005, so that additional time would be provided to contact Councilmembers. On November 22, the City Council continued the project after discussion during the public hearing. After a 3-3 vote, the item was continued to December 13, so that all Councilmembers could be present.

Environmental Review

A Negative Declaration has been prepared in compliance with the California Environmental Quality Act provisions and City Guidelines. An initial study has determined that the proposed project would not create any significant environmental impacts (see Attachment C, Initial Study).

Use Permit

Site Layout: The parcel has street frontage along East Arques Avenue. The layout of the site consists of two industrial office buildings located near the center of the site and surrounded by parking. The site has landscaping around the perimeter with significant trees and large berms along East Arques Avenue. There are currently no proposed changes to the structures other than minor upgrades to bring them into compliance with the current Building Code. The proposal includes the replacement of existing blacktop area utilized as basketball courts to new parking area for the site.  

The previously approved application to allow the site to be subdivided for condominiums required certain improvements to the sidewalk, driveway approaches and bus stop areas along the frontage of the site.  These conditions of approval are still required prior to approval of final map and shall also be completed prior to occupancy of the proposed use, if approved (See Condition of Approval #11).

Architecture:  There are no proposed architectural changes to the building.  Certain upgrades to the building may require modifications that would enable conformance to Building Code requirements.  

Landscaping:  The site is slightly under-landscaped with approximately 52,733 square feet.  The project includes increases to the overall landscaping to meet Sunnyvale Municipal Code requirements.  Approximately 2,000 square feet of landscaped area will be added to the site with a majority of the landscaping located within the new parking area behind the building.  To improve shading for the site, Staff has included Condition of Approval #4B to provide landscaping at additional locations throughout site near existing parking areas.

The site currently has numerous protected (greater than 36” in circumference) and unprotected trees. There are no plans to remove any existing landscaping including protected trees.

The following Guidelines were considered in analysis of the project landscaping.

City Wide Design Guidelines Landscaping	Comments
A4. Properly landscape all areas not covered by structures, driveways, and parking	The proposal includes upgrade to the site to meet landscaping requirements.  Additional landscaping will be located so as to improve shading for the site over areas designated for parking.

Parking/Circulation: Currently, the site meets parking standards for the originally developed R & D and industrial office uses of the site with 329 spaces.  The site was developed in 1975 with two office buildings and recently subdivided to enable ownership of the buildings independently. The buildings share access off East Arques Avenue, parking and landscaping through an agreement (CC&Rs).  In order to meet parking standards for the proposed church use, the applicant proposes a parking agreement to enable shared parking for the uses of the site (including 955 E. Arques Avenue).  The application also includes parking improvements to increase capacity (370-total) and improve overall shading for the paved surfaces of the site. Similar to other churches and schools within the city, the parking for the site is determined by the various demands of the uses and hours of the site. The following chart summarizes the expected parking demand for the site:

Use /Floor Area	Rate	Required Parking
Sanctuary – 7,360 s.f.	512 seats at 1 space per 3 seats	171
Stage – 1,680 s.f.	1 space per 180 square feet	10
Church office – 10,011 s.f.	1 space per 225 square feet	45
Classrooms – 9,293
Nursery