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Legislative Public Meetings

File #: 23-0884   
Type: Report to Board/Commission Status: Agenda Ready
Meeting Body: Zoning Administrator Hearing
On agenda: 9/27/2023
Title: Proposed Project: SPECIAL DEVELOPMENT PERMIT to legalize an existing recreational and athletic facility with the sale of beer and wine at an existing cyber caf? for Euphnet Cyber Caf?. Location: 612 S Mary Avenue (APNs: 201-19-024) File #: PLNG-2023-0441 Zoning: ECR-C (El Camino Real - Commercial) Applicant / Owner: Euphnet Cyber Caf? (applicant) / West El Camino Properties, LP (owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Drew Taplin, 408-730-7407, dtaplin@sunnyvale.ca.gov
Attachments: 1. Vicinity and Noticing Maps, 2. Recommended Findings, 3. Recommended Conditions of Approval, 4. Site Plan, 5. Project Description Letter, 6. Special Development Permit Justification Form

REPORT TO THE ZONING ADMINISTRATOR

 

SUBJECT

Title

Proposed Project:                                           

SPECIAL DEVELOPMENT PERMIT to legalize an existing recreational and athletic facility with the sale of beer and wine at an existing cyber café for Euphnet Cyber Café.

Location: 612 S Mary Avenue (APNs: 201-19-024)

File #: PLNG-2023-0441

Zoning: ECR-C (El Camino Real - Commercial)

Applicant / Owner: Euphnet Cyber Café (applicant) / West El Camino Properties, LP (owner)

Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.

Project Planner: Drew Taplin, 408-730-7407, dtaplin@sunnyvale.ca.gov <mailto:dtaplin@sunnyvale.ca.gov>

 

Report

BACKGROUND

The site is located at the shopping center on the southeast corner of El Camino Real at South Mary Avenue known as the Camino West Center. The parcel is addressed as 604 South Mary Avenue and is bordered by El Camino Real to the north and S. Mary Avenue to the west, and by adjacent parcels with commercial uses to the north and east at 996 W. El Camino Real (El Pollo Loco) and 970 W. El Camino Real (Instant Urgent Care/iSmile Dental). The subject shopping center is comprised of one single story building and is occupied by six retail tenants including KZMV Kitchen Cabinets & Stone, Kelly’s Healing Massage, Domino’s Pizza, Best Brains Learning Center, and Greek Spot restaurant in addition to Euphnet Cyber Café. Single-family homes along Blair Avenue border the site to the south. City records indicate that the Euphnet Cyber Café has been in operation under various ownership at the subject address since at least 2002.

 

Description of Proposed Project

The proposed project includes a legalization of a recreational and athletic facility use which is derived from the business services offered which include hourly PC rentals and console gaming including event gatherings, essentially functioning as an arcade. As described in the Project Description Letter from the applicant (Attachment 5), the business also offers retail merchandise sales, food and beverage sales, printing and office conferencing services, as well as notary services by appointment. The Special Development Permit (SDP) also includes a request to begin beer and wine sales to customers. No exterior changes to the existing building or the site are proposed as part of this request.

 

Per Sunnyvale Municipal Code (SMC) Table 19.36.060B, a Special Development Permit is required for recreational and athletic facilities in the ECR-C zoning district. SMC also requires recreational uses to be situated in a manner that does not disrupt the flow of pedestrian traffic between retail establishments. Per SMC Section 19.90.020, a minor Special Development Permit is required for the proposed use because the project has been determined to pose no significant land use consequences and to be categorically exempt pursuant to the California Environmental Quality Act (CEQA).

 

See Attachment 1 for a map of the vicinity and mailing area for notices.

 

Previous Actions on the Site

Recently approved planning permits on file for this property include a Miscellaneous Planning Permit (MPP) for the allowance of Best Brains Learning Center to operate as an education-recreation and enrichment use at 994 W. El Camino Real (File 2021-7640), an MPP to allow the Greek Spot restaurant to operate outdoor dining and make landscaping modifications at 604 S. Mary Avenue (File 2016-7465), and an MPP to allow the Greek Spot restaurant to expand by 640 square feet into an adjacent retail space at 608 S. Mary Avenue (File 2015-7257). There are no active Neighborhood Preservation cases against the subject site.

 

ENVIRONMENTAL REVIEW

A Class 1 Categorical Exemption (Section 153301 - Existing Facilities) relieves this project from the California Environmental Quality Act (CEQA) provisions.

 

DISCUSSION

 

Proposed Use

The applicant requests the use of the site be legalized to allow a recreational and athletic facility. The approximately 1,529 square-foot tenant space will be solely used by Euphnet Cyber Café. The space will include a front desk/welcome area, five rooms for computer/gaming usage with various layouts, restrooms, a food prep kitchen, and storage space. All sales, including proposed beer and wine offerings, will be made from the front desk. During peak operational hours, occupancy is anticipated to be approximately 65 people at most (around 5-7 employees and 58-60 customers). The proposed hours of operation are Monday through Saturday 12:00pm to 2:00am and Sunday 12:00pm to 1:00am.

 

Site Layout and Architecture

The shopping center is one of several in the area along El Camino Real. Adjacent uses at the intersection of S. Mary Avenue at El Camino Real include auto repair and service shops, a gas station, fast food restaurants, and a convenience store. The table below summarizes the adjacent tenants within the Camino West Center, including El Pollo Loco which is on a separate parcel.

 

Tenants

Address

Hours of Operation

KZMV Kitchen Cabinets & Stone

988 W El Camino Real

8:30am - 5pm Mo-Fr 9am - 5pm Sa-Su

Kelly’s Healing Massage

990 W El Camino Real

10am - 9pm

Domino’s Pizza

992 W El Camino Real

10am - 12pm Su-Th 10am - 1am Fr-Sa

Best Brains Learning Center

994 W El Camino Real

12:30pm - 7:50pm Monday 5:20pm - 6:40pm Wednesday

Greek Spot

604 S Mary Avenue

11am - 8pm

El Pollo Loco

996 W El Camino Real

10am - 10pm

 

The proposed hours of operation for the subject use are offset slightly from the other uses within the shopping center and therefore should not impact the flow of traffic or parking on site in a significant manner.

 

Development Standards

No improvements to the exterior building, site landscaping, parking layout, or any other site conditions are proposed as part of the Special Development Permit. As shown on the site plan (Attachment 4), the shopping center has 62 parking spaces. The minimum number of spaces required for the approximately 13,635 square-foot building at four spaces per 1,000 square feet is 56. Thus, the shopping center meets the minimum parking requirements without any required changes to the site layout. Bicycle parking for up to eight bicycles is provided on-site in front of the subject address with a bicycle rack.

 

NEIGHBORHOOD IMPACTS/COMPATIBILITY:

Staff finds that the proposed recreational and athletic facility use meets the required Special Development Permit findings, as the use meets the objectives and purposes of the General Plan policies that encourage a mix of uses that serve neighboring residential properties and those of the El Camino Real Specific Plan which seek to diversify and enhance community-serving retail, complies with all development standards, and does not result in negative impacts to neighbors. See Attachment 2 for required Special Development Permit findings.

 

PUBLIC CONTACT 

64 notices were sent to surrounding property owners and residents adjacent to the subject site. In addition, the notice of the Public Hearing was published in the Sun newspaper.

 

Public contact was made by posting the agenda on the City’s official-notice bulletin board at City Hall at 456 West Olive Avenue and on the City’s website.

 

Staff has received no comments on the item at the time of staff report production.

 

ALTERNATIVES

1. Approve the Special Development Permit per the recommended findings in Attachment 2 and with the recommended Conditions in Attachment 3.

2. Approve the Special Development Permit with modifications.

3. Deny the Special Development Permit.

 

RECOMMENDATION

Recommendation

Alternative 1. Approve the Special Development Permit per the recommended findings in Attachment 2 and with the recommended Conditions in Attachment 3.

 

Staff

Prepared by: Drew Taplin, Associate Planner

Approved by: Momoko Ishijima, Senior Planner

 

ATTACHMENTS

1.                     Vicinity and Noticing Maps

2.                     Recommended Findings

3.                     Recommended Conditions of Approval

4.                      Site Plan

5.                     Project Description Letter

6.                      Special Development Permit Justification Form