Previous Actions on the Site: There are no previous planning actions related to this site.

Description of Proposed Project

The applicant proposes to install new facilities at an existing well and tank site at 623 W. Fremont Avenue. The facility would be used for logistical support during repairs to water mains and other emergencies associated with maintaining California Water Service Company’s distribution system. The applicant has stated that in order for Cal Water to ha respond immediately to a leak site, it is necessary to have a nearby facility where needed materials and a percolation pit are available.

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 3, Initial Study).

Use: The site is proposed to be used to support emergency repairs to the Cal Water domestic water supply system. Emergency domestic water main leak repairs require sand and gravel for backfilling the roadway excavation. Also, a vacuum truck is needed to extract mud and water from the leak site. A bobcat is also required onsite to assist in material loading. These materials and equipment will be located onsite. No employees will work on the site on a permanent basis. It is estimated, based on historical data, that the site will be utilized 25-50 times per year. Emergency repairs to the water system in the region may be needed at any hour including nighttime hours.

Site Layout: The proposed improvements would occur on the east side of the site. The west side is already occupied by a water tank and well. The plan includes development of a 3-foot deep percolation pit, an 8-inch high concrete wall around the vacuum truck ramp and a 5-foot high concrete wall around the sand and gravel bins. Two one-way driveways would provide access to the site from Fremont Avenue.

Architecture: There are no architectural plans associated with this project. Since this proposed project is a unique use in the R-1 Zoning District, the City’s design guidelines do not specifically address the design of a small emergency maintenance yard. All equipment will be screened from adjacent properties and the street by existing landscaping.

Landscaping: There are no landscaping plans associated with this project. The applicant proposes to utilize existing trees and bushes as visual barriers to the new project area. In order to construct the sand and gravel bins, one small 6-8 inch diameter redwood tree would be removed. This tree does not meet the City’s requirement to be a protected tree. No replacement tree is required, nor is staff recommending one due to the existing wooded nature of the site. Also, it may be necessary to relocate up to two street trees in order to install the proposed driveways. A condition of approval requires that these trees be replaced.

Parking/Circulation: The applicant proposes to install two new driveway cuts from Fremont Avenue for this project. The driveways would be one-way in and out. And would be controlled by automatic gates.

The project meets the development standards for the R-1 Zoning District.

The site would be used on an emergency basis an estimated 25-50 times per year. The site is adjoined by single family residential uses on the north side. Residential uses also exist to the south across Fremont Avenue. Three residences share a property line with the project site. These residences may experience higher levels of noise when the project site is in use as a result of use of the bobcat and vacuum truck.

A noise analysis was prepared for this project by ArupAccoustics. The reported, dated May 2003, is available in the project file. The report concludes that adjacent properties may experience up to 74 dBA during the day if the project equipment is in use. SMC 19.42.030(a) limits noise in residential areas to 60 dBA during daytime hours (7 am – 10 pm) and to 50 dBA during nighttime hours (10 pm – 7 am). SMC 19.42.030(b) makes a provision to allow powered equipment used on a temporary, occasional or infrequent basis which produces a noise greater that the applicable operational noise limit provided it is used only during daytime hours (7 am – 10 pm) when used adjacent to property is a residential zoning district. Therefore, the applicants must comply with the 50dBA limit during nighttime hours.

The applicant and the noise consultant asked that this operation be considered under the emergency construction provisions of Title 16 of the Sunnyvale Municipal Code. SMC 16.08.110(b)(2) states that where emergency conditions exist, construction activity maybe permitted at any hour of day of the week. Such emergencies shall be completed as rapidly as possible to prevent any disruption to other property.

Staff does not consider the proposed activity to meet this provision. The maintenance yard is not "where emergency conditions exist". The proposed activities are support activities, and there are no code provisions to allow emergency construction support activities to occur on an as needed basis if they exceed the code standards for noise. Staff is recommending that the proposed use only be allowed during daylight hours from 7 am to 10 pm. Cal Water would have to use a different facility for the nighttime hours of 10 pm – 7 am.

No fiscal impacts other than normal fees and taxes are expected.

1. Adopt the Negative Declaration and approve the Use Permit with conditions as recommended by staff.
2. Adopt the Negative Declaration and approve the Use Permit with modified conditions.
3. Adopt the Negative Declaration and deny the project.
4. Do not adopt the Negative Declaration and provide staff with direction for additional environmental review.

Alternative 1

Prepared by:

Gerri Caruso
Project Planner

Reviewed by:

Fred Bell
Principal Planner

Reviewed by:

Trudi Ryan
Planning Officer

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale.

2. The proposed use is desirable, and will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the Zoning District because screening is provided and as conditioned City noise standards are met.

Back to Attachments

In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances and Resolutions, The Permittee expressly accepts and agrees to comply with the following Conditions of Approval.

1. If approval is not exercised, the Use Permit shall expire two-years from the date of the approval by the final review authority at a public hearing.
2. Provide a copy of the conditions of approval on the cover sheet of plans submitted for Building Permit review.
3. The hours of operation for this use are limited to daytime hours as defined in the section SMC 19.42.030(b) between 7 am and 10 pm.
4. All street trees that are removed due to driveway placement shall be relocated or replaced to the satisfaction of the City’s arborist.
5. Maintain an ongoing mosquito abatement program.

Back to Attachments