REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: to allow a recreation and athletic facility (role-playing games) within an existing 5,253 square foot tenant space.
File #: 2022-7038
Zoning: M-S/POA/PD (Industrial and Service with Places of Assembly and Planned Development Combining Districts)
Applicant / Owner: Hidden Mode (applicant) / Eternal Education Development LLC (owner)
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 project site is located on a 2.14-acre parcel developed with a 32,510 square-foot two-story commercial building with perimeter landscaping and 125 surface parking spaces. The building is currently occupied by the Medical Center for Acupuncture and Oriental Medicine which is located on the first floor and the University of East-West Medicine (formerly Herguan University) which utilize area on the first and second floor.
The subject site is located on the southwest corner of the intersection at Lawrence Expressway and East Duane Avenue and is surrounded by residential uses to the northeast, north, and west, and a hotel to the south. Lawrence Expressway and other commercial and industrial uses are located to the east. The subject site is zoned and designated as the Industrial and Service with Places of Assembly and Planned Development Combing Districts that allow buildings and facilities for offices, research, limited manufacturing, and limited retail sales and services uses.
Description of Proposed Project
The proposed project entails the operation of a 5,253 square-foot recreational facility that will be used for tabletop role-playing games such as Millers Hollow which is a tabletop board game similar to the popular Dungeons and Dragons role-playing game. Generally, tabletop role-playing games consist of players who assume the roles of characters in a fictional setting and describe their characters' actions through speech. Players determine the actions of their characters based on their characterization and the actions succeed or fail according to the game’s set of rules and guidelines.
The applicant proposes to operate the facility Monday to Friday between the hours of 6:30 PM to 10:30 PM and on Saturday and Sunday from 10:00 AM to 10:00 PM. Each Hidden Mode game will be played as a tabletop role-playing board game with no digital currency for betting or cash winnings. The facility will provide a total of eight game rooms and one reception area. Each game will be played for a duration of four hours with a maximum of eight players in each game room. Each game room is decorated with different themes.
The facility will have a minimum of two staff members consisting of one manager and one staff person overseeing the daily operations. The facility proposes the sale of prepackaged food and non-alcoholic beverages.
Per Sunnyvale Municipal Code (SMC) Table 19.22.030 (4) (D) and SMC Section 19.90.020 (1), a Special Development Permit is required for recreational and athletic facilities in the M-S/POA/PD zoning district and for projects, structures, or activities determined to pose no significant land use consequences.
See Attachment 1 for a map of the vicinity and mailing area for notices, Attachment 5 for the project description letter, and Attachment 6 for photos of the Hidden Mode gaming facility.
Previous Actions on the Site
Previous planning permits include the following:
• Special Development Permit (2008-0210) to allow Herguan University to occupy 5,500 square feet of the building.
• Special Development Permit (2011-7010) to allow the expansion of the Herguan University facility resulting in 28,603 square feet of educational use and 3,907 square feet of medical office use.
• Sign Permit (2011-7503) to allow modifications to the master sign program.
• Multiple Miscellaneous Plan Permits for minor site modifications and temporary banner permits.
Code Enforcement Action on the Site
There is an active code enforcement action against the property and subject gaming facility related to the construction and operations of the proposed facility without the benefit of permits. The citation was issued in November 2021. The code enforcement case took additional time to resolve because of the pandemic and the applicant was out of the country for a period of time in 2022. With the approval of the Special Development Permit and obtaining the required building permits, the site and use shall be brought into zoning conformance.
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 proposed role-playing gaming facility is proposed on the second floor and proposed minor tenant improvements consisting of reconfiguration of partition walls and doors to allow for eight gaming rooms and a reception area that functions as the guest check-in area, snack lobby, and staff administration area. During peak operational hours, occupancy is anticipated to be approximately 66 people at most (two employees and approximately 64 customers).
Security Plan
The applicant proposes the following elements as part of their security plan:
1. Each game room will have a digital keypad lock system. Doors will remain closed unless a game is in operation.
2. Security cameras will be provided in each of the game rooms for staff to monitor for any illegal activities. If any illegal or criminal activity occurs, staff will notify the manager. The manager will respond accordingly and/or call 911 for assistance.
3. Each game room will have an emergency button to alert staff of any safety issue or medical emergency.
4. During the closing, staff will visually inspect each game room and the reception area for customers and that the areas are properly shut down and secured.
Staff recommends the security measure to be included as Condition AT-9 with the additional measures provided below:
• Video surveillance shall be made available to the Department of Public Safety upon request.
• Provide no loitering signs in the corridors and parking lot areas.
With the implementation of this condition, potential safety impacts are minimized, and assurance for adequate public health, safety, and general welfare. (See Attachment 3)
Development Standards
The applicant proposes no changes to the existing building and site improvements and therefore there are no changes to existing site access, circulation, floor area, lot coverage, parking, exterior lighting, and landscaping.
Parking and Parking Management Plan
Currently, the site provides 125 parking spaces. Parking spaces are provided along the west, south, and east sides of the building. Based on all of the uses of the building a total of 140 parking spaces are required. There is a parking shortage of 15 parking spaces. as summarized in Table 1 below.
Table 1: Parking Summary
|
Use |
GFA |
Parking Ratio |
Required Parking |
|
Medical Clinic |
5224 |
3.3 per 1000 S.F. |
17 |
|
Educational Use |
14024 |
0.5 space per student |
102 |
|
Recreational Facility |
5253 |
4 per 1000 S.F. |
21 |
|
Total Required |
140 |
|
Total Provided |
125 |
|
Parking Shortage |
15 |
The applicant is requesting a parking adjustment to the parking ratio minimum pursuant to SMC Section 19.46.130. The peak parking demand (119 spaces) for the educational and medical uses peaks during the weekday hours of 8:00 AM to 5:30 PM whereas the parking demand (21 spaces) for the recreational gaming facility peaks during the weekday evening hours and on weekends when the educational and medical use are not in use. As such, the parking adjustment can be supported because the uses are complementary and the peak parking demand for the uses can be accommodated by the on-site parking spaces as demonstrated in Table 2:
Table 2: Peak Parking Demand Analysis:
|
Use |
Weekday Monday Thru Friday between 8:00 AM to 5:30 PM |
Evening Monday Thru Friday between 6:30 PM to 10:30 PM |
Weekends Saturday and Sundays between 10:00 AM to 10:30 PM |
|
Medical Use |
17 |
|
|
|
Educational Use |
102 |
|
|
|
Proposed Recreational Use |
|
21 |
21 |
|
Total Required |
119 |
21 |
21 |
|
Total Provided |
125 |
125 |
125 |
A Parking Management Plan is included with the project plans (see Attachment 4, Sheet A-103) and will help manage the supply and distribution of parking for employees and guests. Elements of the parking management plan include:
1. Staff parking is restricted to the southwest and southeast corner of the parking lot and referenced as Zone E and C on the parking management plan
2. Parking for students, patients or guests are located in Zones A, B and D on the parking management plans. These spaces are located adjacent to the building entries.
Staff recommends Condition AT-7 for the implementation of the parking management plan
NEIGHBORHOOD IMPACTS/COMPATIBILITY:
Staff finds that the proposed recreational facility use meets the required Special Development Permit findings provided in Attachment 2. The proposed use provides a recreational venue for residents and employees who live or work in the general vicinity. The recreational gaming facility meets the objectives and purposes of the General Plan policies that encourage a mix of uses that add to the vitality of commercial uses along Lawrence Expressway and do not result in negative impacts to neighbors.
PUBLIC CONTACT
1716 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: Cindy Hom, Associate Planner
Approved by: Momo Ishijima, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Maps
2. Recommended Findings
3. Recommended Conditions of Approval
4. Site and Architectural Plans
5. Photos of Gaming Rooms
6. Letter from Applicant