REPORT TO THE ZONING ADMINISTRATOR
Title
File #: 2016-7970
Location: 502 Ross Drive (APN: 110-08-052)
Applicant / Owner: Emrah Gures (Applicant) / Louie Pappas (Owner)
Proposed Project:
PEERY PARK CONDITIONAL USE PERMIT to allow the sale of all types of alcohol beverages for an existing restaurant and bar.
Reason for Permit: A Peery Park Conditional Use Permit is required for restaurants that have on sale general alcohol beverage service.
Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov
Issues: Neighborhood compatibility, Safety
Recommendation: Approve with conditions.
Report
PROJECT DESCRIPTION
|
|
Existing/Approved |
Proposed |
|
General Plan Designation |
Peery Park |
Same |
|
Zoning |
PPSP |
Same |
|
Combining District |
Innovation Edge |
Same |
|
Lot Size |
40,946 s. f. (0.94 acres) |
Same |
|
Building Square footage |
6780 s. f. |
Same |
|
Parking |
62 |
Same |
|
Previous Planning Projects related to Subject Application: |
Yes |
|
Neighborhood Preservation Complaint |
No |
|
Deviations from Standard Zoning Requirements |
No |
BACKGROUND
On September 13, 1976, the Planning Commission approved a Use Permit (UP 2990) to allow for a 105-unit motel and restaurant and a Variance (VA-76-79) for a reduced front setback.
On May 9, 1977, the Planning Commission granted an amendment to Use Permit (UP 2990B) and site and architectural approval to allow for an addition to the hotel consisting of a new conference room and one additional hotel room.
Subsequent approvals included various permits for signage, a minor Use Permit for a wireless telecommunication facility that was approved on July 26, 1999, and a Miscellaneous Plan Permit that was approved on September 25, 2015, to construct an outdoor dining patio. A subsequent amendment to the permit was approved on August 12, 2016 to change the patio wood fence to a stone veneer low wall.
ABC Licensing
The sale of alcohol in the State of California is regulated by the Alcoholic Beverage Control Act (California Business and Profession Code Sections 23000-25762). The State of California Department of Alcoholic Beverage Control (ABC) regulates the type of spirits sold and ages allowed into an establishment. ABC may impose other restrictions based on the requested license and site history. There are numerous types of licenses issued by ABC. Generally, restaurants will operate within two types of licenses either a Type 41 (Eating Establishment, Beer and Wine) or a Type 47 (Eating Establishment, General Sales “Distilled Spirits”), both of which require a specific volume of food sales and allow patrons of any age into the establishment.
The applicant is requesting to upgrade an existing Type 41 license for on-sale beer and wine to a Type 47 license for on-sale general distilled spirits. The applicant will operate the facility as a full service dining establishment. There will not be any live entertainment or music in conjunction with the restaurant. The proposed hours of operation are from 10:00 AM to 12:00 AM, seven days a week.
ABC is generally required to deny an application for a license if its issuance would result in or add to an ‘undue concentration’ of licenses in a particular area, unless a finding of ‘public convenience or necessity’ can be made. An ‘undue concentration’ is defined as an area where:
(a) The project site is in a crime reporting district that has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the Sunnyvale Police Department.
(b) The ratio of on-sale (on site consumption) retail licenses to population in the census tract or census division in which the project site is located exceeds the ratio of on-sale retail licenses to population in Santa Clara County (for on-sale retail licenses).
(c) The ratio of off-sale (off site consumption) retail licenses to population in the census tract or census division in which the project site is located exceeds the ratio of off-sale retail licenses to population in Santa Clara County (for off-sale retail licenses).
According to ABC, the project site does not fall within an area of undue concentration, given that the relevant area is only authorized to host two (7) on-sale permits and one (3) off-sale permit. Currently, there are seven (7) on-sale permits and one (1) off-sale permits in the area.
Apart from the ABC licensing process, the City’s Municipal Code requires that a Peery Park Conditional Use Permit be obtained for full alcohol sales within the PPSP/IE (Peery Park Specific Plan/Innovation Edge) zoning district. In order to issue a Peery Park Conditional Use Permit, the project must meet required findings which are discussed further in the staff report. Generally, staff notes that the proposed hours of operations would not cause disruption or the quiet and peaceful enjoyment of the neighborhood, and that the project is located in an area where these types of uses would be encouraged.
Neighborhood Impacts / Compatibility
In terms of neighborhood compatibility, the proposed on-site consumption of alcohol is not anticipated to have a detrimental impact on the community. The project site is bordered by Mathilda Avenue to the east, which provides a buffer from residential uses and other sensitive land uses such as schools, parks and churches. The closest school and park is located approximately 0.6 miles away. Adjacent uses to the south, west, and north include two hotels, as well as other office and industrial buildings. The project would be compatible and cater to adjacent hotels and employment centers by providing a full service dining establishment.
Parking
The Sunnyvale’s current parking standards require a total of 75 parking spaces for the restaurant use, based on the parking ratio of 9 spaces per 1000 square feet. The bar area occupies approximately 200 square feet and is considered an incidental use to the primary restaurant use. It serves as a pre-function area where guests can get beverages while they wait to be seated. As such, the parking ratio for restaurant use was applied in this case.
Currently, the site provides a total of 62 parking spaces. The hotel use requires a minimum of 85 parking spaces and provides a total of 107 parking spaces. Therefore, 22 excess stalls can be shared with the restaurant. The original Use Permit required a cross access and parking easement to be recorded with the parcel map. Based on City records only an ingress and egress easement was recorded between the two properties. Staff recommends as a Condition of Approval for a fully executed shared parking agreement to be recorded and maintained in perpetuity. Per SMC 19.43.130 a parking adjustment may be granted if there is one or more of the applicable characteristics present:
(A) There are parking agreements with off-site properties; or
(B) There is a parking management plan that includes valet parking, off-site employee parking, parking agreements, or other demand management tools; or
(C) The uses on a site have complementary peak hours; or
(D) The use is commercial in nature and is intended to serve adjacent employment centers. The use provides adequate pedestrian connections to the site from nearby properties and businesses; or
(E) The use is within one-half mile of a walk from a rail station, light rail station, or major bus stop. A major bus stop is defined as a stop where six or more buses per hour from the same or different routes stop during the peak period in core, corridor or station areas; or
(F) The proposed use has an unusual characteristic that results in less parking demand. This characteristic shall be described and limited in applicable conditions of approval for a discretionary land use permit. Land uses that are permitted by right may not apply for adjustment because of this criterion of unusual characteristics.
The project complies with the above criteria based on the following:
• The restaurant has complementary peak hours with the hotel. The restaurant normally peaks during the lunch and dinner peak hours while the hotel peaks during the morning and evening hours when guest arrive or depart from the hotel.
• The proposed restaurant serves adjacent employment centers located in the Perry Park and Moffett Park areas. Pedestrian connectivity is provided by a continuous public sidewalk on Mathilda Avenue.
• The restaurant is approximately ½ miles from the Moffett Field Light Rail station.
Furthermore, Staff recommends that any modification to the approved plans, such as but not limited to expansion of the bar area or the addition of live entertainment, shall require an amendment to the Peery Park Conditional Use Permit and additional parking to be provided. (Recommended Condition No. GC-1)
Floor Plan and Exterior Changes
No changes are proposed to the floor plan or to the exterior of the business.
Public Contact: 18 notices were sent to surrounding property owners and residents adjacent to the subject site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. No letters or calls were received from the public by staff.
Environmental Determination: A Categorical Exemption Class 1 (Existing Facilities) relieves this project from CEQA provisions.
FINDINGS
In order to approve the Use Permit the following findings must be made:
1. The use is consistent with the Peery Park Specific Plan. [Finding met]
Restaurants with alcoholic beverage service are conditionally permitted use in the PPSP and therefore consistent with the PPSP.
2. The use is consistent with the certified Environmental Impact Report (EIR) prepared for the Peery Park Specific Plan. [Finding met]
The project is categorically exempt from environmental review pursuant to CEQA Guidelines Class 1, Section 15301 (Existing Facilities). The project entails an upgrade to the liquor license from beer to wine to all types liquor for an existing restaurant.
3. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale. [Finding met]
The following General Policies were considered in the analysis of the project:
GOAL LT-4 QUALITY NEIGHBORHOODS AND DISTRICTS
Preserve and enhance the quality character of Sunnyvale’s industrial, commercial and residential neighborhoods by promoting land use patterns and related transportation opportunities that are supportive of the neighborhood concept.
• Policy LT 4.7 - Support the location of convenient retail and commercial services (e.g. restaurants and hotels) in industrial areas to support businesses and their customers and employees.
GOAL LT-6 SUPPORTIVE ECONOMIC DEVELOPMENT ENVIRONMENT
An economic development environment that is supportive of a wide variety of businesses and promotes a strong economy within existing environmental, social, fiscal and land use constraints.
• Policy LT-6.2 - Promote business opportunities and business retention in Sunnyvale.
The proposed use is consistent with the above policies in that the project encourages business opportunities and business retention by allowing an existing restaurant to offer all types of liquor in conjunction with the food service. The project would provide a compatible land use near two hotels and other employment centers. In addition, the proposed project provides gathering space that the neighboring residents and community can utilize for special occasions.
4. The proposed use meets all of the development standards in the Peery Park Development Code and Sunnyvale Municipal Code. [Finding met]
The project does not propose any building or site modifications and maintains existing setbacks, height, lot coverage, and floor area ratio standards. As condition, the site will be brought into compliance with parking requirements.
5. The use is consistent with applicable Peery Park Specific Plan and City-adopted design guidelines. [Finding met]
The project is consistent with the one of the Peery Park Specific Plan guiding principles which encourages complementary uses, diverse job opportunities and businesses. The project provides a complementary use to the nearby hotels and employment centers. The project was recently updated with a new outdoor dining patio that is enclosed with a decorative stone veneer low wall. The existing improvements provide for an aesthetic and harmonious development consistent with City-adopted design guidelines.
6. The location, size and design and operating characteristics of the proposed use are compatibility with the site and building character and environmental conditions of existing and future land uses in the vicinity. [Finding met]
The existing building has operated as a restaurant since 1979. The project is a use permit request to allow all type of liquor in conjunction with the food service. The proposed hours of operations are typical for a full service restaurant establishment and would complement surrounding land uses.
7. The use and recommended conditions will adequately mitigate any noise, traffic, parking, or other impacts that would interfere with adjacent properties. [Finding met]
As conditioned, the project will not be detrimental or injurious to property, improvements, public health, safety and general welfare. The project will be subject to a six month review to ensure compliance with conditions of approval and that no negative impacts to the surrounding properties. Any future expansion of the use will be considered through the appropriate review process to ensure parking requirements are met. Although there are no exterior changes proposed, the existing improvements still provide for an aesthetic and harmonious development.
8. Any special structures or building modifications necessary to contain the proposed use would require a Peery Park plan review permit and would not impair the architectural integrity and character of the sub district in which it is to be located. [Finding met]
The project does not propose any building or site modifications that require a Peery Park plan review and therefore will not impair the architectural integrity and character of the Innovative Edge Sub District.
ALTERNATIVES
1. Approve the Use Permit with recommended Conditions in Attachment 2.
2. Approve the Use Permit with modifications.
3. Deny the Use Permit.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Use Permit with recommended Conditions of Approval in Attachment 2
Staff
Prepared by: Cindy Hom, Assistant Planner
Approved by: Ryan Kuchenig, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Map
2. Standard Requirements and Recommended Conditions of Approval
3. Site and Architectural Plans