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Associate Planner Ryan Kuchenig presented the staff report.
Mayor Lee called for Council disclosures on this item.
Councilmember Hamilton disclosed that she met with members of Trinity Baptist Church yesterday.
Councilmember Chu disclosed he met with members of Trinity Baptist Church regarding the site, but has not talked with the members in the past two months.
Vice Mayor Spitaleri disclosed that in the presence of the Mayor, he spoke to members of Trinity Baptist Church prior to this issue going to the Planning Commission and he has not spoken to them since this time.
Mayor Lee stated he has returned phone calls to the president of Trinity Baptist Church.
Councilmember Hamilton confirmed that this project was removed from the Places of Assembly (POA) rezone because of the NASA flight path issue. Associate Planner Kuchenig stated due to the extent of environmental review that would be required for this area, staff did not feel everything else could be placed on hold and therefore the area was removed from consideration.
Councilmember Hamilton inquired if Council were to rezone the area this evening, what information would be missing that Council should know before making this decision. Associate Planner Kuchenig stated there are a number of factors to be considered in a specific plan study. As part of the City’s economic development program, this area was considered a targeted area for reinvestment. The entire area would need to be looked at to see if it would be appropriate for more transitional uses, which could result in a variety of options. Councilmember Hamilton confirmed that this process would involve tasks such as outreach to the surrounding area and identifying a long range plan of the potential uses. Associate Planner Kuchenig stated the study would be quite extensive.
Councilmember Hamilton inquired if the process would be significantly the same whether it was for Peery Park plan or the POA rezone study. Associate Planner Kuchenig stated the process would be similar, but the scope of the study would be different.
Councilmember Chu inquired as to how long a specific plan study would be versus rezoning to an Industrial and Service/Place of Assembly (M-S/POA) zoning district. Associate Planner Kuchenig stated the rezoning could be approved at this meeting; however, a specific plan study would require that staff prepare a study to present to Council at the December study issues workshop for ranking. Staff would need to return to Council with an exact length for a specific plan study.
Councilmember Chu confirmed that a specific plan study for the Peery Park area would be significantly longer than a rezoning study for the M-S/POA district due to the size of the parcel.
Councilmember Chu confirmed that Area D in the staff report encompasses the properties that front Mathilda (on the west side of Mathilda) between Central and Maude. There are two sites that do not have frontage on Mathilda. Rather, they front Indio Way.
Councilmember Moylan stated that the staff report does not identify NASA flights or the Environmental Impact Report (EIR) as major issues. Rather, it states that this area was identified four years ago as an area where the City would like Class A office buildings in order to attract biotech companies. Councilmember Moylan stated it appears that the major issue before Council this evening is whether the City wishes to preclude development of that area into a Class A biotech area or hold on and study the area later. Councilmember Moylan stated he thought the flight path issue was over.
Director of Community Development Hanson Hom confirmed that the flight path issue had been resolved through the recent environmental report that was conducted. The main issue is a land use policy issue for the future development of either the specific area at Mathilda or the Peery Park area, which was identified by Council as a potential economic development area. Director Hom stated prior to moving forward on the specific rezoning for this parcel there should be consideration of the policy context, and for that reason staff is recommending that Council not take action on the rezoning of this area until further policy work is completed. Director Hom stated it is Council’s option to decide whether the study area should be limited to the Mathilda parcels or to consider a larger area (which would take staff longer to complete the study).
Public hearing opened at 7:27 p.m.
Tom Greene, Chair of the Board of Elders at Trinity Church and applicant, stated this project is the culmination of two years of work between Trinity Church and the City of Sunnyvale along with five years of planning on the part of the Church. Greene stated the church needs to relocate due to increased programs, a deteriorating facility and growth of the congregation. Greene explained the positive aspects of moving to the proposed location at 477 N. Mathilda Ave. Greene stated the current POA areas are not adequate for Trinity Church and this property is the only viable option for Trinity Church.
Greene informed Council that over the past year the church has studied and analyzed the rezoning of 477 N. Mathilda Ave.
A representative from Metropolitan Planning Group of Sunnyvale stated he has studied the POA study issue very carefully. The Metropolitan Planning Group representative explained that he has been performing an ongoing search for an alternative location within the areas rezoned by Council on October 24, 2006; however, the areas are not adequate for the needs of Trinity Church. The Metropolitan Planning Group representative requested Council’s approval of the proposal to rezone 477 N. Mathilda Ave. and related Use Permit for Trinity Church.
Councilmember Moylan inquired if the Metropolitan Planning Group representative was familiar with Bay Area Air Quality Management District regulations about not allowing permits to be issued within 1,000 feet of a school or church. Councilmember Moylan stated that the City would like to bring in biotech and Class A businesses into this area. At the time that a POA is located within this area, a dead zone will immediately be created around the POA. Councilmember Moylan asked Greene on what does he base his contention that rezoning of this area would not be a threat to the industrial development of Sunnyvale. Greene stated of the 1,000 square feet of space surrounding this site, half goes out into residential and commercial across the street and the other half encompasses a small number of industrial sites.
Councilmember Moylan confirmed that of the places that were already identified by the City and established as POA, Trinity Church pursued two properties, one of which someone else had already chosen and at the other site, the owner was not interested in selling.
Councilmember Moylan asked Greene what would be his alternate plan for relocating Trinity Church, given the fact that both staff and the Planning Commission have recommended not to rezone this site. Greene stated the alternative would be to look at other communities in the valley as they do not see another option for the church within Sunnyvale.
Councilmember Howe inquired about noticing requirements and Associate Planner Kuchenig stated a POA has extended noticing of 1,000 feet.
Councilmember Howe inquired if Maxim Integrated Products has hazardous conditions on the site. Associate Planner Kuchenig stated to his knowledge Maxim Integrated Products does not have hazardous conditions. Clean up issues do exist at this site; however, the issues are not considered significant and are addressed in the negative declaration. Councilmember Howe stated he is not asking about clean-up; rather about the 1,000 foot boundary for sensitive receptors of which Maxim would be included.
Councilmember Howe inquired if staff had any discussion with Maxim over Trinity Church’s application. Planning Officer Trudi Ryan stated the process requires that staff notify a larger area (1,000 feet) in order that a business or property owner who is concerned about the location of a POA can make a comment. Maxim has not made a direct comment to staff about use of hazardous materials; however, they did have a representative attend the Planning Commission meeting who expressed general concern about the location of a POA use adjacent to their business. Planning Officer Ryan stated she does not believe Maxim has large quantities of hazardous materials.
Councilmember Howe requested the Mayor ask if a Maxim representative was available to speak and a member of the audience identified himself. Councilmember Howe requested the representative from Maxim come to the podium at the appropriate time in order that he may answer some questions.
Councilmember Howe confirmed that staff has not spoken to Mitsubishi Chemical and the types of hazardous materials that they have.
Councilmember Howe asked what restrictions were placed on El Camino New Venture Christian Church who received temporary POA status. Planning Officer Ryan stated that particular facility does not have a time limit associated with its location on the site.
Councilmember Hamilton confirmed that the reason the proposed Trinity Church area did not go through the POA process was due to environmental concerns. Planning Officer Ryan stated the POA process would include items such as obtaining responses from neighbors as to their own uses or future needs, access issues, and long-term compatibility with the area along with analysis of a number of additional factors.
Councilmember Hamilton confirmed with Greene that Trinity Church representatives were aware the Mathilda site had been held from being considered for the POA specifically because of the fly-over issue from Moffett. Greene stated they continued to work with the City to understand what all the issues were and make sure they fully understand them. At that point, they chose to go forward with this project.
Planning Officer Ryan stated staff’s decision not to pursue this matter further was shared with the public and Council once the staff report was made available to Council.
Councilmember Hamilton confirmed with Panning Officer Ryan that in October 2006, Council voted to rezone certain sites in Areas A, B, C and E and take no further action on Area D.
Vice Mayor Spitaleri confirmed with Planning Officer Ryan that out of the 392 notifications sent out by staff, Maxim Integrated Products was the only response received.
Kevin Snider, attorney with Pacific Justice Institute, urged Council’s support of the Trinity Church application for rezoning and a Use Permit. Snider gave a brief explanation of the Religious Land Use and Institutionalized Persons Act (RLUIPA). Snider stated after reviewing the entire file, it is the institute’s view that Trinity Church does fall under RLUIPA’s provisions.
Councilmember Swegles asked the City Attorney to respond to the comments made by Snider. City Attorney David Kahn stated he received the letter from the Pacific Justice Institute and he has reviewed the cases cited and the argument. City Attorney Kahn stated it is his view that Pacific Justice Institute’s analysis of RLUIPA is not accurately stated in the letter. Should Council follow staff’s recommendation, it would not be in violation of RLUIPA and the court would likely sustain Council’s action. City Attorney Kahn stated the cases cited by Pacific Justice Institute are not directly on point as the facts in those cases are different from the facts for this particular application. City Attorney Kahn stated there is a local case (Morgan Hill and the Christian Church, which is not cited by the institute) where the court found the City’s zoning regulations were not in violation of RLUIPA. There are a number of factors that the court will consider and City Attorney Kahn explained to Council what the factors were within this application that would support denial of the application if that was Council’s decision. City Attorney Kahn stated a significant item to note is that Trinity Church did have a location within the City and made a voluntary decision to vacate the site. City Attorney Kahn stated although he is not able to predict 100 percent what a court will do, based on a quick review of the letter and the law regarding RLUIPA, Council could approve any of the recommendations in the staff report and it is likely the court would sustain against an RLUIPA challenge.
Councilmember Swegles inquired if it would be City Attorney Kahn’s assessment that to be on the safe side, it would be best for Council to approve a study of Peery Park. City Attorney Kahn stated based on his quick review, Council could take action to proceed with the Peery Park study without a violation of RLUIPA should they so desire.
Councilmember Moylan stated Snider’s interpretation of RLUIPA differs widely from the training given at the Planner’s Institute for Planning Commission. Councilmember Moylan asked Snider if it is his contention that it is the City’s responsibility to continue to rezone properties (until Trinity Church finds a property where they can close the deal). Councilmember Moylan stated Trinity Church elected to move their location and failed to close a deal with two places zoned for POA. Snider stated that was not his contention and further explained the two sections of RLUIPA (substantial burden and equal terms). Snider stated the staff report identifies that there are other POA uses in the vicinity and therefore, the City has to show a compelling reason to keep Trinity Church out of the area.
Commercial Real Estate Agent Scott Kinder stated he supports the applicant. Kinder stated the only impediment regarding this property from not originally being included as a POA was completion of an EIR, which has now been done and supports a POA at this site. Kinder stated that in 2006 the City invited him along with others to give feedback regarding the proposed POA district. Kinder stated that planning staff identified Area D (where 477 Mathilda is located) as an ideal area for Trinity as it met the established POA criteria. However, it was discovered the area was impacted by the flight path and an EIR was required in order to recommend the area for POA zoning. Eventually, the EIR was downgraded to a negative declaration. Kinder asked why the City would turn down the project once the single main concern was successfully satisfied. Kinder urged Council to approve the Trinity Church project.
Councilmember Hamilton inquired at what point did Trinity Church approach the owner and enter into an agreement to purchase. Kinder stated the agreement was entered into in August 2006.
Councilmember Swegles asked for clarification regarding whether staff encouraged Trinity to continue on if the fly-over was mitigated. Planning Officer Ryan stated staff’s recollection was that the conversations with Trinity were reminders that this is a discretionary action and there are no guarantees on rezoning the property. Councilmember Swegles inquired if there were still not any guarantees given the evidence of the new EIR. Planning Officer Ryan stated staff was not able to indicate to the applicant what the staff recommendation was going to be prior to the release of the staff report. At the Planning Commission public hearing, Trinity Church requested a continuance in order to better understand staff’s position.
Director of Administrative Ministries for Trinity Church Kristi Gill spoke about a list of events over the past two years between the City and Trinity Church. Gill stated with the assurance of the City, Trinity Church entered into a contract to purchase 477 Mathilda. Upon discovering that area D was being omitted from the POA rezoning hearing based on the fact it was in the Moffett flight path and would require an EIR which would delay the rezoning process, Gill met with City officials. Gill stated she wanted to review whether or not Trinity Church should continue to pursue this purchase. Gill stated that in each meeting, the City told her that the only reason Area D had been omitted was because of the EIR requirement. Gill explained that the City stated if Trinity was willing to pay for the EIR and meet any mitigation requirements determined by it, then the site was still a suitable site for Trinity. Gill stated Trinity gave the City $100,000 to cover the cost of the EIR and in April it was determined that an EIR was not necessary, rather a negative declaration would be sufficient. In August of 2007, everything changed and she urged Council to set this project back on track.
Paul Hastings stated he has over 260 letters in support of Council approving Trinity Church’s application and Use Permit. Hastings spoke in support of Trinity Church. Hastings stated that no amount of industrial income can replace the types of services that Trinity provides to the community.
Stephanie Ramirez stated her support for Trinity Church’s application and Use Permit and expressed the value of Trinity Church to the community.
Kevin Chen stated he plays the keyboard at the church and expressed his support for the church.
Sam McKee explained that local religious groups offer many benefits to the community. McKee encouraged Council to approve Trinity Church’s application and Use Permit.
Lynn Relyea stated she is a teacher at Columbia Middle School and is excited about opportunities to work together with Trinity Church should they receive approval to move forward and relocate on Mathilda.
Janice King stated Trinity Church deserves Council’s support. King stated Trinity Church is on the cutting edge of community outreach.
Becky Pannunzio stated she is an occupational therapist and unfortunately, the current Trinity Church site does not meet ADA specifications. Pannunzio stated this is one of the reasons why the church needs to move.
Peter Kilner stated he is the head of a ministry for single young adults and for the past twelve years he has partnered with Trinity Church. Kilner stated he has witnessed Trinity Church’s process over the past two years and because of this process, Trinity Church could not guarantee a meeting place for Kilner on Monday nights. Kilner stated his ministry had to relocate to Mountain View, but would like to return to Sunnyvale. Kilner urged Council to look at the benefit to the community that this church provides.
Mickey Miller stated he is a member of another church, but spoke of Trinity Church’s positive aspects and offered his support of Trinity’s move to a larger location. Miller stated the church fits into the mixed-use around the proposed site on Mathilda. Miller urged Council to approve Trinity’s application without further delays or studies.
Jeff Howery stated Council holds a signed writ of execution for Trinity Church and the members of Trinity Church are coming to Council in appeal. Howery requested Council grant Trinity Church’s appeal.
Cana Bandy stated reasons why she believes approval of Trinity Church’s application is good land use of the nearby area.
Councilmember Chu confirmed the distance between 477 Mathilda and the apartments across the street are well within 500 feet.
Cathy Handzel spoke about how the plan for Trinity Church would enhance the downtown plan. Handzel stated additional residents will be living downtown and Trinity Church’s location will serve these new incoming residents. Councilmember Moylan stated Council received a letter in opposition to this zoning request from the financial partners (RREEF, who is the developer for the redevelopment of the downtown). Councilmember Moylan stated RREEF appears to be concerned about how this will impact the re-gentrification of the area. Councilmember Moylan asked Handzel to balance RREEF’s concerns. Handzel requested to yield the floor to the Metropolitan Planning Group representative who stated that RREEF is one-half of the downtown team with Sand Hill properties being the other half. The Metropolitan Planning Group representative stated Peter Pau, Principal of Sand Hill Properties, sent a letter to the Community Development Director that he has a neutral position on the downtown issues but went on to say that it could be a benefit to the restaurants in the downtown and would be a good thing to have a place of worship in close proximity to the downtown. Councilmember Moylan asked for a copy of the letter from Peter Pau and the Metropolitan Planning Group representative stated he did not have it with him.
John Dinapoli, Vice President of JP Dinapoli Companies, stated he has a fiduciary responsibility to the group of investors that own the corner of Maude and Mathilda. Dinapoli stated the church is a great addition to the community, but needs to be located in another area. Dinapoli stated tenants may not want to be relocated around uses such as a church. Dinapoli stated he did not see an economic blight study identified within the EIR. Dinapoli stated if the church was in place and tenants do not move into the area because of the church, then the creation of economic blight is a real possibility. Dinapoli stated Council will need to consider that approval of this zoning change may drive others away.
Councilmember Howe confirmed that Dinapoli owns almost the entire block of Maude and Mathilda, Maude and Pastoria and Del Ray.
Councilmember Hamilton confirmed with Dinapoli that the property he owns is family holdings.
Phillip Tomne, representing Maxim Integrated Products, stated he does not support the church at this site as it will impact their business. Tomne stated if the church goes in it will impose restrictions on Maxim and their land use, create parking problems, and decrease their land value. Tomne stated Maxim is in this location because it is zoned industrial and they are currently considering developing a multi-story structure. Tomne stated he was not aware of the permitting circle, but that will have an impact on them as they have a hazardous material permit for the site.
Councilmember Chu confirmed that Maxim makes integrated circuits (semi-conductors). Councilmember Chu confirmed Maxim never had a fabrication plant on that site, but that they did have one on the proposed church site in the past.
Mayor Lee confirmed with Tomne that Maxim has not had any impact on the three businesses to the south of their location. Parking has been a slight problem from the restaurant.
Councilmember Chu inquired as to the hours of business and Tomne stated the hours are roughly from 7 a.m. to 7 p.m., with some weekend work. Councilmember Chu confirmed the weekend work that occurs is not significant.
James Lindsay, representative from Metropolitan Planning Group, referred to a City study (workforce demand and capacity analysis) that was performed in order to forecast if there will be adequate industrial property for future job growth of the City. Lindsay stated there is not a shortage of industrial land within Sunnyvale.
Lindsay stated Metropolitan Planning Group submitted a records request to the fire marshal, but unfortunately Maxim did not come up on the list that was given to them. Lindsay stated they will be following up the Maxim site. Maxim stated two businesses were identified as using hazardous chemicals and those businesses were on the fringe of the 1,000-foot radius. Lindsay stated he can only speak about the records that were given to him and that other hazardous waste businesses may exist.
Jim Thayer spoke about the 1,000-foot sensitive receptor boundary and identified the surrounding businesses to the proposed site for Trinity Church. Thayer stated if there were any restrictions to the surrounding businesses because of the church, it would affect a very small number of businesses.
Sharon Yeh expressed her support for Trinity Church’s application a |