Legislation Details

File #: 24-0881   
Type: Report to Board/Commission Status: Agenda Ready
Meeting Body: Zoning Administrator Hearing
On agenda: 8/14/2024
Title: Proposed Project: VARIANCE: to allow installation of a four-way pad-mounted switchgear equipment between the face of the building and street within the required 20-foot front setback. Location: 1250 Elko Drive (APN: 104-30-007) File #: PLNG-2024-0214 Zoning: Industrial and Services (M-S) Applicant / Owner: Telsa, Inc (Owner/Applicant) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov
Attachments: 1. Vicinity and Noticing Map, 2. Recommended Findings, 3. Recommended Conditions of Approval, 4. Site and Architectural Plans, 5. Variance Justification Materials

REPORT TO THE ZONING ADMINISTRATOR

 

SUBJECT

Title

Proposed Project:                      

VARIANCE: to allow installation of a four-way pad-mounted switchgear equipment between the face of the building and street within the required 20-foot front setback.

Location: 1250 Elko Drive (APN: 104-30-007)

File #: PLNG-2024-0214

Zoning: Industrial and Services (M-S)

Applicant / Owner: Telsa, Inc (Owner/Applicant)

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

Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov

 

Report

BACKGROUND

The subject site is occupied by Telsa, Inc. and used for R&D, lab, and offices. The electrical loads have reached the limit of the existing service capacity and limiting critical business operations at this site. The main purpose of the project is to allow a power upgrade to the existing facility.

 

Description of Proposed Project

The proposed project consists of installing an approximately 5-foot-tall four-way switchgear near the street corner with new landscape screening. A Variance is required for mechanical equipment located between the face of a building and street.

 

The project also includes other site modifications that comply with development standards and would typically only require a building permit:

•                     Relocation of an existing transformer, installation of a new transformer, switchboard, supercharger cabinet, and associated equipment within an existing screened equipment pad at the back of the building.

•                     Replacement of portions of the existing fence enclosure with slatted chain-link fencing to match existing.

 

See Attachment 1 for a map of the vicinity and mailing area for notices and Attachment 4 for the Site and Architectural plans.

 

Previous Actions on the Site

Previous permits included Miscellaneous Plan Permits that were approved for minor site modifications to parking, site lighting, installation of exterior equipment, temporary storage, and waiver of roof screening.

 

ENVIRONMENTAL REVIEW

A Categorical Exemption Class 1 (minor alteration of existing structures, facilities, mechanical equipment or topographical features that involve negligible or no expansion of existing or former use) relieves this project from CEQA provisions.

 

DISCUSSION

 

Site Layout

The subject corner property is located at the southeast corner of the intersection of Elko Drive and Reamwood Avenue. The subject site is currently developed with 89,777 square foot one-story commercial office building, surface parking, exterior equipment yard. There is an existing chain-link fencing that encloses the rear parking lot area. Access to the site is provided by two driveways along Elko Drive frontage and two driveways along Reamwood Avenue. Landscaping consisting of shrubs and mature trees are located along the street frontages. No protected trees are proposed for removal.

 

The applicant proposes to install a new above-ground four-way switchgear, set back approximately 1 foot from the Reamwood Avenue front property line. The switchgear will be located next to an existing ground sign, just outside of the corner vision triangle. The applicant proposes to install 10-gallon shrubs (New Zealand Flax) in front of the switchgear, which will help to screen the transformer and integrate into the existing landscaping. However, the proposed landscaped screening occurs in the right-of way.

 

Staff recommends Condition PS-1 that requires the switchgear and landscape screening to be relocated further west (closer to the building) so that the landscaped screening is located entirely on-site. The applicant has agreed to this recommendation and has confirmed that there is sufficient space on-site to accommodate this modification.

 

Applicant’s Variance Justifications

The applicant has provided justifications to support the variance request which are provided in Attachment 5.

 

•                     There is no underground option for this type of equipment.

•                     As designed, it eliminates an overhead high voltage crossing that runs diagonally across the Elko and Reamwood intersection.

•                     The project proposal will not require the removal of existing trees.

•                     The equipment serves and provide fault protection for multiple customers in the area.

•                     Relocating the four-way switch away from the corner and further down on Reamwood Avenue would result in a significant redesign and delay. It would more disruptive because it would require longer stretch of trenching in the public right-of-way and would result in a loss of a protected Siberian Elm Tree.

 

Staff finds that the requested variance is reasonable, given the various site constraints noted above. The project will not be detrimental to public welfare and safety, as the new equipment will be screened with shrubs and is located within an industrial neighborhood that is not visually sensitive. The Variance would not constitute a special privilege considering other Variances have been granted for reduced front setbacks or equipment between a building and street:

 

Permit Number

Address

Zoning

Description

2018-7227

444 Toyama Dr.

M-S

Install four Bloom Energy cabinets in between the building and street.

2018-7810

1260 N. Mathilda Ave

MP-Split

Install eight Bloom Energy cabinets in between the building and street.

2015-7705

1175 Elko Dr.

M-S

Wind turbines in front yard.

2000-0700

324 N. Mary Ave.

PPSP-AC

Install generators between the building and street.

1978-0447

1245 Hammerwood Dr.

M-S

Front setback deviation.

1975-0158

1238 Birchwood Dr.

M-S

Front setback deviation.

 

NEIGHBORHOOD IMPACTS/COMPATIBILITY:

The project site is surrounded by other industrial uses. As conditioned, visual impacts are further reduced because the equipment and landscaped screening will be shifted away from the right-of-way. The equipment will not create a safety issue because it is outside of the corner vision triangle and allows adequate sight distance for vehicles. The equipment will not appear out of context or detract from the neighborhood. There is also above ground traffic cabinet on the parcel across the street at 1240 Elko Drive. Therefore, staff finds that the proposed project is compatible with the neighborhood. 

 

PUBLIC CONTACT

25 notices were sent to surrounding property owners and residents adjacent to the subject site. Staff has received no comments on the item. 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 the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and report are available at the Sunnyvale Public Library, NOVA Workforce Services reception desk on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours) and on the City’s website.

 

ALTERNATIVES

1. Approve the Variance Permit subject to the recommended findings in Attachment 3 and recommended Condition of approval in Attachment 3.

2. Approve the Variance Permit with modifications.

3. Deny the Variance Permit and direct staff with changes.

 

RECOMMENDATION

Recommendation

Alternative 1. Approve the Variance Permit subject to the recommended findings in Attachment 3 and recommended Condition of approval in Attachment 3.

 

Staff

Prepared by: Cindy Hom, Associate Planner

Approved by: Noren Caliva-Lepe, Principal Planner

 

ATTACHMENTS

1.                     Vicinity and Noticing Map

2.                     Recommended Findings

3.                     Recommended Conditions of Approval

4.                     Site and Architectural Plans

5.                     Variance Justification Materials