Legislative Public Meetings

File #: 16-0271   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 9/13/2016
Title: Proposed Project: APPEAL by a member of the public of a decision by the Planning Commission to conditionally allow a: SPECIAL DEVELOPMENT PERMIT to allow an approximately 11,600 square foot new commercial building (grocery store) on an existing commercial site. The project replaces a portion (approx.7,599 s.f.) of the Orchard Supply Hardware building and storage area. File #: 2015-7399 Location: 777 Sunnyvale-Saratoga Road (APN: 201-36-002) Zoning: C-2/ECR Appellant / Applicant / Owner: Michael Howland (appellant) / Ware Malcomb (applicant) / Mardit Properties, LP (owner) Environmental Review: Mitigated Negative Declaration
Attachments: 1. Site, Vicinity and Public Noticing Map, 2. Project Data Table, 3. Recommended CEQA & Special Development Permit Findings, 4. Recommended Conditions of Approval (as approved by Planning Commission), 5. Proposed Site and Architectural Plans, 6. Project Rendering, 7. Mitigated Negative Declaration (Revised since adoption by Planning Commission), 8. Zoning Administrator Hearing Minutes of July 15, 2016, 9. Appeal of Zoning Administrator decision and other letters from Appellant and Counsel, 10. Planning Commission Report of February 22, 2016, 11. Planning Commission Minutes of February 22, 2016, 12. Appeal of the Planning Commission Decision Letter, 13. Supplemental Info 20160913: Mitigated Negative Declaration with Appendices, Part 1, 14. Supplemental Info 20160913: Mitigated Negative Declaration with Appendices, Part 2, 15. Staff Presentation 20160913 (16-0271)
REPORT TO COUNCIL
SUBJECT
Title
Proposed Project: APPEAL by a member of the public of a decision by the Planning Commission to conditionally allow a:
SPECIAL DEVELOPMENT PERMIT to allow an approximately 11,600 square foot new commercial building (grocery store) on an existing commercial site. The project replaces a portion (approx.7,599 s.f.) of the Orchard Supply Hardware building and storage area.
File #: 2015-7399
Location: 777 Sunnyvale-Saratoga Road (APN: 201-36-002)
Zoning: C-2/ECR
Appellant / Applicant / Owner: Michael Howland (appellant) / Ware Malcomb (applicant) / Mardit Properties, LP (owner)
Environmental Review: Mitigated Negative Declaration

Report
Project Planner: Ryan Kuchenig, (408) 730-7431, rkuchenig@sunnyvale.ca.gov

REPORT IN BRIEF
General Plan: Commercial General Business
Existing Site Conditions: Commercial Retail Building - Orchard Supply Hardware
Surrounding Land Uses
North: Commercial Shopping Center & Multi Family Apartments
South: Multi-Family Apartments
East: Commercial Shopping Center
West: Cherry Orchard Apartments (PG&E easement and cherry trees)
Issues: Appeal letter noting concerns with air quality and landscaping
Staff Recommendation: Make the Findings required by CEQA and for the Special Development Permit, Deny the Appeal and affirm the decision of the Planning Commission in part to approve the Special Development Permit subject to Conditions of Approval in Attachment 4 and modify in part by adopting the revised Mitigated Negative Declaration in Attachment 7.

The approval of the project by the Planning Commission was appealed based on traffic impacts, air contaminant emissions, greenhouse gas emissions, and hazardous materials. The consideration by the Council of the appeal was postponed in order to make a thorough examination of the environmental issues through the revised Mitigated Negative Declaration.

BACKGROUND
A Special Development Permit application was filed requesting the demolition of a portion of an existing b...

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