The applicant is proposing to lease 9,660 square feet in an existing 31,240 square foot two-tenant industrial building to hold church services and the following associated uses: office operations, Sunday School, infant/toddler daycare, youth programs, musical rehearsals and teaching gatherings.

The proposal includes approximately 3,550 square feet for the sanctuary with the remaining space dedicated to offices, classrooms and storage (see floor plan in Attachment 4).

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).

However, as part of the initial study it has been noted that the location of the proposed church is within 500 - 1000 ft. of a research and development facility that utilized hazardous materials in considerable quantities. Several years ago a hazardous materials incident occurred at this facility which required evacuation of surrounding businesses. Although a similar incident can occur again, existing codes governing such facilities minimize the likelihood of any affect on the proposed church.

If the Use Permit for the church is approved in the proposed location, concerns regarding exposure to hazardous materials may limit the type of industrial uses that can be permitted in the vicinity in the future and the expansion of existing industrial uses in the area.

Use: The Sunnyvale Community Christian Church is proposing the following uses and hours of operation:

• Sunday Services: 7:00 am - 1:00 pm (up to 150 attendees)
• Sunday School and Infant/Toddler Daycare: 10:00 am - 12:00 pm
(up to 23 children)
• Youth Programs: 10:00 am - 12:00 pm (up to 25 children)
• Office Operations: 7:00 am - 1:00 pm (2 employees)

• Office Operations: 8:00 am - 5:00 pm (6 employees)
• Evening Meetings: 6:00 pm - 9:00 pm (up to 9 attendees)

• Service: 6:00 pm - 9:00 pm (up to 75 attendees)
• Musical Rehearsals: 6:00 pm - 9:00 pm (up to 10 attendees)
• Teaching Gatherings: 6:00 pm - 9:00 pm (up to 50 attendees)

Use Compatibility: The proposed uses are compatible with surrounding uses which include research and development offices, manufacturing facilities, medical offices, restaurants and apartments. However, as earlier noted, there may be risks associated with exposure to hazardous materials which could limit the type of future industrial uses permitted and/or expansion of existing industrial uses in the area.

In addition, the proposed church would consume all of the available parking on the site during peak hours of operation. The existing neighboring tenant operates Monday - Friday from 8:00 am - 5:00 pm, so there are no overlapping peak hours of operation for the two tenants. With these existing conditions, the site has sufficient parking. However, should the neighboring tenant space (assuming it would be an industrial use) require expanded hours of operation in the future that coincide with the church's peak hours, the site would have a parking deficiency of 44 spaces. Additional details on parking are discussed below in the Parking/Circulation section of this report. If this project is approved, staff is recommending Conditions of Approval 4, 5 and 6 to limit hours of operation and parking.

Site Layout: The existing building is located on a 103,368 square foot lot (see site plan in Attachment 4). Immediately adjacent uses are industrial buildings and the Supreme Court fitness facility. The building, which is 31,240 square feet, has two tenant spaces of 9,660 square feet and 21,580 square feet. The site has 11,658 square feet of landscaping, with the bulk of the lot (approximately 115,000 square feet) dedicated to parking. With the exception of the legal nonconforming front setback of 20 ft., which is 5 feet less than required, the setbacks exceed minimum requirements. No modifications are proposed to the site.

Architecture: There are no proposed exterior modifications to the building.

Landscaping: The existing percentage of landscaping on the lot is 11.3%, which is less than the required 20% per SMC Section 19.38.070. This is a legal nonconforming condition which could not be improved with the proposed project due to parking constraints (discussed below).

Sidewalk Requirement: Per SMC Section 19.38.080, changes of use in industrial zoning districts require that sidewalks be provided along the public street frontage. Staff is recommending Condition of Approval # 10 to fulfill this requirement.

Parking/Circulation: There are 175 parking spaces on the existing site. The project as proposed would require 175 parking spaces during peak hours of operation (see parking analysis below) leaving no parking for the neighboring tenant. The current neighboring tenant is a software development company that operates one shift Monday through Friday from 8:00 a.m. to 5:00 p.m. Because the church is not proposing to hold services or other events with large gatherings during these hours, a parking deficiency is not expected given current circumstances. However, if an industrial business with multiple shifts wishes to occupy the neighboring tenant space in the future, the site would have a significant parking deficiency. The minimum parking requirement for an industrial use in the neighboring tenant space is 44 spaces. With the church minimum parking requirement of 175 spaces, the site would have a parking deficiency of 44 spaces.

Because of the increased need for parking with the proposed use, staff also considered the potential for increased traffic volume. A traffic impact analysis was completed showing that peak traffic hours would occur on weekends and would, therefore, not coincide with the peak traffic hours of the surrounding uses in the area. The analysis also noted that the proposed location is not in an area where increased traffic on the weekends would pose a problem, such as a major shopping district or a residential neighborhood.

Total existing site parking = 175 spaces

Minimum Site Parking Requirement = 175 + 44 = 219 spaces

Staff Discussion: Staff has discussed two alternatives for meeting the parking requirement with the applicant: the sanctuary space could be reduced or fixed seating could be installed. The applicant is currently evaluating these alternatives, but wished to move forward with the application as proposed. In the event that this project is approved, Condition of Approval #5 requires floor plan modifications to meet the parking requirement.

The applicant could also apply for a Variance from the parking requirement. Staff did not recommend this as a course of action due to the magnitude of the parking deficiency and difficulty making the findings for the Variance.

The front setback of 20 ft., where 25 ft. is required, and the landscaping percentage of 11.3%, where 20% is required, are both existing legal nonconforming conditions. Given the parking constraints on the site, there is no opportunity to increase landscaping with the proposed project.

With the exception of parking, the proposed project meets all other development standards.

As discussed above, because the proposed project would require all of the existing available parking, parking would not be available to the neighboring tenant during the church's peak hours of operation.

An additional concern is that future industrial uses surrounding the project may find it difficult to expand their operations, either in terms of hours or floor space, due to environmental concerns with the presence of children and elderly at the church. Although this is currently not an issue, staff is presenting this as a consideration for future development in the area.

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

1. Adopt the Negative Declaration and deny the Use Permit.
2. Adopt the Negative Declaration and approve the Use Permit with attached conditions.
3. Adopt the Negative Declaration and Use Permit with modified conditions.
4. Do not adopt the Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative 1.

Prepared by:

Christine Cannizzo
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 not desirable, and will be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the Zoning District.

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

1. Obtain Building Permits prior to construction for any tenant improvements on the site.
2. The Conditions of Approval shall be reproduced on a page of the plans submitted for a Building Permit.
3. The Use Permit for the use shall expire if the use is discontinued for a period of one year or more.
4. Hours of operation shall be limited to the following hours:

• Sunday Services: 7:00 am - 1:00 pm (up to 150 attendees)
• Sunday School and Infant/Toddler Daycare: 10:00 am - 12:00 pm
(up to 23 children)
• Youth Programs: 10:00 am - 12:00 pm (up to 25 children)
• Office Operations: 7:00 am - 1:00 pm (2 employees)

• Office Operations: 8:00 am - 5:00 pm (6 employees)
• Evening Meetings: 6:00 pm - 9:00 pm (up to 9 attendees)

• Service: 6:00 pm - 9:00 pm (up to 75 attendees)
• Musical Rehearsals: 6:00 pm - 9:00 pm (up to 10 attendees)
• Teaching Gatherings: 6:00 pm - 9:00 pm (up to 50 attendees)

5. The open seating area in the sanctuary shall be reduced or reconfigured with fixed seating, or some combination of both, to allow for the availability of 44 parking spaces for the neighboring tenant at all times.
   
6. Once the sanctuary seating and parking are approved, a deed restriction shall be filed which limits the use of parking spaces and the hours of operation to those approved for this Use Permit.
   
7. The maximum number of parishioners using the religious institution at any given time will not exceed 500.
   
8. Minor changes to the approved plans must be submitted to the Director of Community Development for review and approval. Major changes require the approval of the Planning Commission.
   
9. An additional fee of $50 is required for posting of the Notice of Determination with Santa Clara County.
   
10. Submit plans for sidewalk paving for review and approval by the Director of Community Development.

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