REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project: Related applications on a 0.75-acre site:
USE PERMIT to allow multiple ownership in an industrial zoning district, and;
TENTATIVE PARCEL MAP to subdivide an existing one-story meeting facility/place of assembly for a fraternal organization (Moose Lodge) into two condominium units. The project does not include a change of use nor would it alter the site layout or building size.
Location: 922 Weddell Court (APN: 110-13-066)
File #: PLNG-2023-0353
Zoning: M-S/POA (Industrial and Service/Places of Assembly)
Applicant / Owner: Cam Gonzalez C. (applicant) / Charlie Bell (owner)
Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Robby Miller, 408-730-7429, rmiller@sunnyvale.ca.gov
Report
BACKGROUND
The property is in the M-S (Industrial and service) zoning district with a POA (Place of Assembly) combining district, and an Industrial General Plan land use designation. The property is located at the north end of the Weddell Court cul-de-sac. The Use Permit is required to satisfy Sunnyvale Municipal Code (SMC) section 19.22.040-Use Permit required for multiple ownership in all industrial zoning districts. The Tentative Parcel Map is required to satisfy SMC section 18.20.042 for creating less than five condominiums.
Previous Actions on the Site
On December 14, 2022, the Zoning Administrator approved a Use Permit (2022-7500) to allow a meeting facility (place of assembly-community serving use) for the members of a fraternal organization (Moose Lodge) within an existing industrial building.
On May 4, 2023, staff approved a Miscellaneous Plan Permit (PLNG-2023-0167) to allow modifications to the approved Use Permit (2022-7500) for site work.
On May 18, 2023, the applicant submitted this Use Permit/Tentative Parcel Map application.
On February 8, 2024, staff approved a Miscellaneous Plan Permit (File No. PLNG-2023-0821) to allow modifications to the approved Use Permit (2022-7500) for interior floor plan, exterior doors, and site work.
There are no open Neighborhood Preservation cases.
Description of Proposed Project
The applicant proposes to subdivide an existing one-story building in the M-S/POA zoning district into two condominium units with shared elements in a common lot. The project includes:
• Tentative Parcel Map showing the location of the proposed condominiums. (refer to plans, Attachment 4)
• No change of use is proposed.
• No physical changes to the site layout or building size.
• Commercial owners association with covenants, conditions and restrictions (CC&Rs) for the building and common areas.
• Vacating a 10-foot public utility easement
The Tentative Parcel Map subdivides an existing one-story into two condominium units with shared elements in a common lot:
• Total Lot Size (acres) = 0.749
• Unit 1 (Square Footage) = 4,575
• Unit 2 (Square Footage) = 9,798
• Shared elements include exterior building walls and roof, landscaping, infrastructure (such as the common sewer lateral), and onsite circulation and parking. There will be no interior common areas.
• All exterior areas are a common lot.
Development Standards
The proposed project complies with the applicable development standards as set forth in the Sunnyvale Municipal Code, such as lot coverage, parking, height, and setbacks. No exterior changes are proposed.
ENVIRONMENTAL REVIEW
A Class 1 Categorical Exemption (Existing Facilities) relieves this project from the California Environmental Quality Act (CEQA) provisions, in that it consists of the subdivision of an existing commercial or industrial building where no physical changes are proposed.
DISCUSSION
The proposed subdivision is consistent with the Subdivision Map Act and the Sunnyvale Municipal Code. The subdivision creates legal condominiums bounded by the footprint of the existing place of assembly building and surface parking (common lot) on the site. The project does not include a change of use nor would it alter the site layout or building size.
To provide clarity regarding the shared responsibility for future maintenance of the exterior of the building and common area, the project will be conditioned to have a commercial owners association with covenants, conditions and restrictions (CC&Rs) for the building and common areas.
At the request of the Department of Public Works, the 10-foot Public Utility Easement along the front is being vacated as part of the project as well as improvements in the public right of way as conditioned (see Attachment 3).
Staff is recommending approval of the project based upon the findings in Attachment 2.
PUBLIC CONTACT
464 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.
See Attachment 1 for a map of the vicinity and mailing area for notices.
ALTERNATIVES
1. Approve the Use Permit and Tentative Parcel Map based upon the Findings in Attachment 2 and subject to the recommended Conditions of Approval in Attachment 3.
2. Approve the Use Permit and Tentative Parcel Map with modifications.
3. Deny the Use Permit and Tentative Parcel Map.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Use Permit and Tentative Parcel Map based upon the Findings and subject to the recommended Conditions of Approval in Attachment 3.
Staff
Prepared by: Robby Miller, Associate Planner
Approved by: Momo Ishijima, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Map
2. Recommended Findings
3. Standard Requirements and Recommended Conditions of Approval
4. Site and Architectural Plans
5. Use Permit Justification Form
6. Project Data Table