REPORT TO THE ZONING ADMINISTRATOR
Title
File #: 2017-7160
Location: 502 Ross Drive (APN: 110-08-052)
Applicant / Owner: Emrah Gures (Applicant) / Louie Pappas (Owner)
Proposed Project:
PEERY PARK CONDITIONAL USE PERMIT: to amend the use permit and allow modifications to the floor plan for an expanded bar area and modify condition of approvals and parking management plan to enable valet parking.
Reason for Permit: A Peery Park 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: Parking, Safety
Recommendation: Approve Peery Park Conditional Use Permit subject to the Findings and Conditions of Approval.
Report
Background
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Existing/Approved |
Proposed |
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General Plan Designation |
Peery Park |
Same |
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Zoning |
PPSP |
Same |
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Combining District |
Innovation Edge |
Same |
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Lot Size |
40,946 s. f. (0.94 acres) |
Same |
|
Building Square footage |
6780 s. f. |
Same |
|
On-site Parking |
62 |
Same |
|
Previous Planning Projects related to Subject Application: |
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Neighborhood Preservation Complaint |
|
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Deviations from Standard Zoning Requirements |
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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 the following:
• Various sign permits.
• Parcel Map to split the parcel into two, one containing the hotel and the second containing the restaurant.
• Minor Use Permit for a wireless telecommunication facility that was approved on July 26, 1999.
• Miscellaneous Plan Permit for a new outdoor dining patio that was approved on September 25, 2015. A subsequent amendment to the permit was approved on August 12, 2016 to change the patio wood fence to a stone veneer low wall.
• Use Permit to add the sale of all types of alcohol that was approved on December 14, 2016.
Project Description
The subject property is approximately 0.94 acres in size and is developed with a restaurant building, surface parking and circulation areas, and landscaping. The applicant is requesting to amend the original Use Permit for the restaurant to expand the bar area and to modify conditions of approval and parking management plan to allow for valet parking. One of the conditions for the Use Permit was a requirement to secure a shared parking agreement with the neighboring property at 504 Ross Drive. The property owners for 502 and 504 Ross Drive were unable to reach a mutual agreement. As a result, the applicant was required to propose an alternative to meet the parking requirements.
The applicant was able to enter into a parking lease agreement with the adjacent hotel property located at 504 Ross Drive. The off-site parking will be used primarily for employee parking and valet parking when there is an overflow. A copy of the parking lease agreement and parking management plan are provided in Attachment 4.
Parking
The Sunnyvale’s current parking standards require a total of 100 parking spaces for the restaurant and bar use, based on the parking ratio of 13 spaces per 1000 square feet.
Currently, the site provides a total of 62 parking spaces (deficient by 16 parking spaces), which is legal non-conforming. The bar expansion has the potential to exacerbate the existing non-conformity. 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.
E. The use provides adequate pedestrian connections to the site from nearby properties and businesses; or
F. 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
G. 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:
• As previously noted, the restaurant and hotel have a lease agreement for shared parking. The lease agreement specifies when the parking spaces on the hotel property may be used by the restaurant, which is primarily during lunch and dinner times. The lease agreement provides 41 of the hotel parking spaces for use by the restaurant for a period of 20 years. Therefore, a total of 103 parking spaces are available for the restaurant use during peak hours of operation and during special events.
• The restaurant has complementary peak hours with the hotel. The restaurant normally peaks during the lunch and dinner 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, as well as guests staying at the hotel. Pedestrian connectivity is provided by a continuous public sidewalk on Mathilda Avenue.
• The restaurant is within proximity to public transit including VTA Bus located in front of the establishment on Mathilda Avenue and ½ mile away from the Moffett Park VTA Light Rail station.
• The applicant has provided a parking management plan to monitor parking conditions during peak periods and special events. During normal lunch and dinner peak times, patrons may be directed to overflow parking areas if the parking lot is full. In cases where the restaurant is hosting a special events, valet parking services are to be provided. The valet services will be conducted by a licensed, professional third party operator that would conduct all aspects of the valet management such as providing trained uniformed valet attendants, validation of vehicles, implementing traffic controls and managing stacked parking within a designated area.
Staff recommends the following conditions:
• The Permittee shall notify the City within 30 days of any amendments, renewals, and/or termination of the parking lease to ensure parking requirements are met at all times.
• A parking attendant shall be provided during lunch and dinner peak hours to help monitor and redirect patron to overflow parking areas.
• The use permit is subject to a six and twelve-month review to monitor the parking conditions and to resolve any parking deficiencies or any operational issues with the valet parking.
Floor Plan and Exterior Change
The project entails minor interior tenant improvements only. The project proposed to convert an existing buffet into a bar area. No exterior exchanges are proposed with this permit application.
ABC Licensing
The restaurant was recently approved for a Type 47 license for on-sale general distilled spirits. The existing license would continue to be used and no modifications are requested at this time.
Neighborhood Impacts / Compatibility
In terms of neighborhood compatibility, the bar expansion within the restaurant 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.
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.
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
Alternative 1. Approve the Use Permit with recommended Conditions of Approval in Attachment 2
Prepared by: Cindy Hom, Assistant Planner
Approved by: Noren Caliva-Lepe, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Map
2. Recommended Findings
3. Standard Requirements and Recommended Conditions of Approval
4. Parking Management Plan
5. Site and Architectural Plans