SUBJECT: Laurie & Alex Trujillo (Thomas Whitford): Applications for related proposals for a property located at 323 Beemer Avenue in an R-2 (Low-Medium Density Residential) Zoning District. (APN: 204-51-024) DRP (Negative Declaration)

Ordinance 1999-0736 – Application to Rezone from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development).

Motion 1999-0737 – Application for a Special Development Permit to allow construction of a new single-family residence on a flag lot and an addition of a two-car detached garage to an existing residence on the front lot.

Motion 1999-0738 – Application for a Parcel Map to allow subdivision of one parcel into two lots.

Previous Actions on the Site: There are no previous planning actions related to the subject site.

The project proposal includes subdividing the existing lot into two parcels. The house at the front of the property will be preserved and the existing one-car garage will be demolished to build a new two-story house at the rear of the site. A detached two-car garage will be built for the original home to replace the demolished one. Both lots will share a common driveway at the east side of the site. The deviations requested include lot size and lot width for the proposed parcels as well as side and rear yard setback for the detached garage on Lot 1.

A Negative Declaration has been prepared in compliance with the California Environmental Quality Act provisions, as amended in Resolution #193-86. The site is developed and therefore already disturbed.

Change Under Consideration: The subject property is located within an R-2 (Low-Medium Density Residential) Zoning District. The applicant is requesting the addition of a PD (Planned Development) overlay for a Rezone to R-2/PD.

Objective: The purpose of the Planned Development Combining District is to provide modifications, additions and limitations to other zoning districts to meet special conditions and situations. In 1998, the City Council approved guidelines for the use of PDs and Special Development Permits (SDPs). The subject request for a PD meets all of the three applicable established guidelines.

• To facilitate development or redevelopment of a site to improve the neighborhood. (Meets)
• To allow for a proposed use that is compatible with the neighborhood but requires deviations from development standards for a successful project. (Meets)
• To allow for the development and creations of lots that are less than the minimum size required in the base zoning district. (Meets)

The project involves the subdivision of one property into two, requiring deviations from the requirements of 8,000 sq. ft. per lot and 56 linear feet in lot width. These deviations may be necessary to create a separate owner-occupied lot while providing adequate parking and maneuvering area for both lots.

Discussion: A property may be rezoned to include the PD Combining District in absence of a specific project or approval of a specific project. The PD zoning enables the consideration of deviations from the Code and/or imposition of more restrictive requirements.

The surrounding properties are mixes of duplexes, triplexes and single family homes (See Attachment 6, Surrounding Uses Map). The PD Combining District provides flexibility in designing a project that is consistent with the varied character of the immediate neighborhood. Due to the variety of housing styles and lot shapes, staff finds that the proposed zoning is appropriate for the site.

Use: A Special Development Permit is required in conjunction with all sites that have a PD Combining District. This permit addresses the use, building architecture and site layout as well as specific deviations requested in the project. In 1998, specific guidelines were adopted by the City Council for approval of small-lot single family projects. The project meets two of the three guidelines.

• Projects with lots less than 4,200 square feet should maintain an overall project FAR of 50%. (Meets)
• Useable open space should total 500 square feet or greater with dimensions of 15 feet or greater in any direction. (Meets)
• The exterior boundaries of a proposed project adjacent to existing residential development should maintain the maximum required second story side yard setbacks along the side adjacent to the existing homes. (Meets)

The density of the proposed project is 9.5 units/acre, meeting the housing goal of achieving at least 75% of the maximum allowable density. The proposed use consists of one additional single family home with an attached garage and a new detached garage for the existing home. Both homes obtain access from the driveway at the east side of the property.

The new home will have a gross floor area of 2,543 sq. ft with a lot FAR of 49.3%. The home on Lot 1 will have 1,440 sq. ft. with a lot FAR of 35%. In combination, the two lots have an overall project FAR of 43%, meeting the guideline of 50% FAR for the entire site. The applicant has worked with staff to reduce the size of the rear house to meet the guideline of an individual 50% FAR maximum for the rear lot (See Attachment 2, Condition of Approval # 6c).

Accessory Living Units: Under the new regulations adopted by the City Council, the rear lot will be eligible for an accessory unit, being an R-2 lot greater than 5,000 square feet. An accessory unit requires one additional uncovered space, along with a total of 1,000 sq. ft. of open space for the entire lot. Currently, the rear lot does not have a way of meeting those requirements while maintaining the 50% FAR maximum. The Planning Commission recommends that accessory units be prohibited from the proposed lots, as included in Condition of Approval #6g.

Site Layout: The proposed site layout is similar to other developments along Beemer Avenue. Because of the narrowness of the lots along the street, duplexes or triplexes typically have one building constructed behind the other. This project will imitate that pattern, with a new home located behind the existing home.

For Lot 1, the existing setbacks for the main home will be maintained. The new detached garage will be built on the lot lines for the new lot, requiring deviations from the right side setback requirement and the rear yard setback requirement. Due to the narrowness of the lot, staff finds that location necessary to provide adequate room for parking and backup distance while providing usable open space for the home.

For Lot 2, all the setback requirements meet the R-2 Zoning standards. A proposed covered deck of 110 sq. ft. will be set back 12 ft. from the detached garage on Lot 1. The two areas of open space are located between the deck and Lot 1 and in the rear yard.

The applicant has reviewed the potential solar impact of the house on the adjoining lots. Alternative roof pitches were evaluated to see if they would alleviate solar shading of the properties to the west and north (See Attachment 6, Solar Study). A lower roof pitch would not create any significant difference in the shadowed area due to the area and height of the proposed building, regardless of the roof pitch, and the orientation of the property. Staff recommends that no further roof changes be required, as it will not significantly change the shading area and the modification would be a negative impact on the architecture of the home.

The following Guidelines were considered in analysis of the project site design.

Architecture: The existing house is a small bungalow-style single story structure with few architectural features. The front façade features a pedimented porch, with a medium-pitched roof and stucco exterior.

The new two-story structure will be covered in wood siding materials. A steeply pitched composition shingled roof is a significant feature, along with the covered porch of standing seam metal. Staff recommends as Condition of Approval #9 that additional details and materials be added to the west elevation in order to break up the wall plane.

Staff was initially concerned with the relationship of the proposed architecture with that of the existing house. At this time, the applicant is not planning to upgrade the architecture of the front home to match that of the proposed rear home. The current proposal is to paint both homes with complementary color schemes in order to tie the two buildings together. Staff finds this to be an adequate method of upgrading the front home, as extensive architectural changes would not be compatible with the current streetscape and the look of the existing home. Additionally, it is not desirable to change the architecture of the rear home to match that of the front, as the front is not a detailed or appropriate style for a two-story home.

Privacy: The applicant has shown the location of the proposed buildings as they relate to the adjoining properties on the site plan (See Attachment 5, Site Plan). The multifamily structure to the east is set back 5 ft. from the shared property line. One bedroom window will look directly at the location of the garage, with 12 ft. of the multi-family structure overlapping the detached garage. The pitch of the garage roof has been lowered so the total height of the building is only 14 ft. high, a typical height for a one-story structure. This structure will extend 7.5 ft. above the existing 6 ft. high fence (See Attachment 6, Garage Elevation). The view from the one-story section will consist of the siding of that detached garage and the roof. Staff finds the garage’s impact on the adjacent building to be minor in nature, and that the lowering of the roof pitch can mitigate the potential visual effect.

Staff has also reviewed the placement of the windows on the proposed main home and does not find a significant privacy impact due to the nature of the windows on the main home and the large amount of bathroom windows on the adjacent structure. However, staff is recommending Condition of Approval #12g requiring that trees be planted along the side and rear property lines in order to enhance the privacy of both the subject site and adjoining properties. The approved landscape plans will be required to place screening trees along the property lines to mitigate the visual impact of the new building.

The following Guidelines were considered in the analysis of the project architecture.

There are 3 existing significant trees on the site. One of the trees shall be removed to make room for the proposed building. Condition of Approval #12a requires the applicant to plant a new 48 inch box tree as a replacement. Additionally, the applicant shall submit a tree protection plan for the 2 significant trees that are to be preserved, as per Condition of Approval #12f.

Parking/Circulation: The site has a one-way driveway leading to a one-car detached garage at the rear. The project proposal includes demolition of the garage and construction of a detached two-car garage at the northeast corner of Lot 1. The new home on Lot 2 will also have a two-car garage with two uncovered spaces. Both garages meet the current standards of 400 sq. ft. in area with a minimum parking dimension of 18 ft. in depth by 17 ft. in width.

Due to the narrowness of the lot, the plan does not allow for a full 24 feet of back-up distance from the new detached garage to the property line. The dimensions of the detached garage on Lot 1 are 20 ft. in depth by 20 ft. in width. This design leaves only 14 ft. in backup distance. Staff is concerned with the minimal backup distance, and recommends that modifications be made to the garage dimension in order to provide the minimum interior depth of 18 ft. while allowing as much back-up distance as possible (See Condition of Approval #6f).

This change would require moving the rear lot line an additional 2 feet to the north, shrinking Lot 2 further. However, the lot FAR maximum of 50% is still required, so the rear house will need to be reduced approximately another 34 sq. ft. to meet the FAR requirement.

Easements/Undergrounding: The project will require undergrounding all service drops to the new home (see Condition of Approval #7).

General: The proposed project requires the subdivision of the existing property into two lots. Lot 1 will be 4,100 sq. ft. and Lot 2 will be 5,100 sq. ft. The lots will have substandard widths of 9 ft., due to the lot configuration, and 41 ft. Further changes might be necessary in order to reduce the depth of the garage while maintaining 400 sq. ft. in minimum area and a 15 ft. minimum dimension for the Lot 1 open space.

Access and Easements: Both lots obtain access from a single driveway located at the east side of the site. This driveway is split down the middle by the proposed property line, requiring a mutual use easement. Staff is recommending as Condition of Approval #4 (Planning Division, Tentative Map) that an ingress/egress easement be recorded with the City of Sunnyvale allowing access to the driveway. A maintenance agreement shall also be recorded with the Tentative Map.

Each of these deviations has been discussed in the above Special Development Permit and Tentative Map sections. The applicant has modified the design of the project to comply with the suggested Conditions of Approval, including an individual lot FAR of 50% for the rear home, useable open space with a minimum of 15 ft. in any dimension, and adding additional architectural details on the east elevation. Staff can make the findings that the proposed building and lot deviations are justifiable and the project will be a benefit to the neighborhood.

The following goals and policies were considered to determine conformance with the General Plan.

There are no traffic or noise impacts expected with the project. The main impact will be visual, as a new two-story house at the rear of the lot will change the look of the site from the street and the surrounding properties. As discussed in the Site Layout and Architecture sections, the project meets the requirements for solar shading and staff finds that the new proposal will not create a significant privacy impact for the adjoining neighbors. Conditions of approval requiring additional screening trees will assist in mitigating remaining privacy concerns. Staff also finds the architectural style suitable for the neighborhood and with the suggested Conditions of Approval, the proposed project will be beneficial to the surrounding neighborhood.

Special Development Permit - In order to approve the application, either of the following findings must be made:

• Staff was able to make the required Findings. The findings are located in Attachment 1.

Tentative Map - The City Council, Planning Commission, or Director of Community Development shall deny the Tentative Map if it makes any of the following findings:

A. That the subdivision is not consistent with the General Plan.

B. That the design or improvement of the proposed subdivision is not consistent with the General Plan.

C. That the site is not physically suitable for the proposed type of development.

D. That the site is not physically suitable for the proposed density of development.

E. That the design of the subdivision or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

H. That the map fails to meet or perform one or more requirements or conditions imposed by the "Subdivision Map Act" or by the Municipal Code.

• Staff was able to make the required Findings based on the justifications for the Tentative Map. The justifications are located in Attachment 2.

As part of the review process, staff may recommend Conditions of Approval be placed on an application. These conditions clarify or modify the applicant's proposal in order to meet requirements imposed by the Municipal Code, policies and standards set forth by the General Plan, Special Plans and the City Council and other specifications that staff believes will enhance the visual character and/or add greater diversity to the City. The recommended Conditions of Approval are located in Attachment 2.

• Staff is recommending approval for this project based on the Findings (Attachment 1) and subject to the Conditions of Approval (Attachment 2).

No fiscal impact other than normal fees and taxes are expected.

Notice of the Negative Declaration and the public hearings for this project were published in the Sun newspaper, posted on the site and mailed to the property owners within 300 feet of the project site.

The staff report for this project was posted on the City of Sunnyvale's Website and a copy of the report was provided at the Reference Section of the City of Sunnyvale's Public Library. The Planning Commission and City Council Agenda was posted on the City of Sunnyvale's Website and recorded for SunDial.

On September 27, 1999, the Planning Commission considered the Rezone, Special Development Permit and Tentative Map applications for the subject site. The Rezoning was recommended for approval and the remaining applications were continued to address three issues: (1) the potential for an accessory living unit (2) the solar impact of the new house on the surrounding properties (3) the effect of the proposed buildings on the adjoining neighbors (See Attachment 7, Planning Commission Report and Minutes). Those issues were reviewed in the October 25, 1999 Planning Commission staff report (See Attachment 8, PC Report and Minutes from October 25). At the October 25^th hearing, the Planning Commission recommended approval of the Special Development Permit and Tentative Map with the recommended conditions and an additional condition prohibiting accessory living units.

1. Recommend that the City Council affirm the Negative Declaration and approve the Rezone, Special Development Permit and Tentative Map with conditions.
2. Recommend that the City Council affirm the Negative Declaration and approve the Rezone, Special Development Permit and Tentative Map with modifications.
3. Recommend that the City Council affirm the Negative Declaration and deny the Rezone, Special Development Permit and Tentative Map.
4. Recommend that the City Council not affirm the Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative 1.

Prepared By:

Diana Peattie
Project Planner

Reviewed By:

Fred Bell
Principal Planner

Reviewed By:

Trudi Ryan
Planning Officer

Reviewed By:

David S. Boesch, Jr.
Director

Approved by:

Robert S. LaSala
City Manager

Attachments:

1. Findings
2. Conditions of Approval
3. Negative Declaration
4. Draft Rezoning Ordinance
5. Site and Architectural Plans
6. Surrounding Uses Map
7. Planning Commission Report and Minutes from 9/27/99
8. Planning Commission Report and Minutes from 10/25/99

The subdivision, together with the provisions for its design and improvements, is consistent with the objectives, policies, general land uses and programs of the General Plan. The project, in conjunction with an approved Special Development Permit, meets the overall densities allowed in the zone and supports a land use that is compatible with the surrounding neighborhood. The project also meets the goals and policies of the General Plan, as enumerated above.

In addition to complying with applicable City Codes, Ordinances and Resolutions, the following conditions of approval are imposed.

1. Execute a Special Development Permit document prior to issuance of the building permit.
2. This Special Development Permit shall expire within two years after the date of approval by the final review authority.
3. Reproduce the conditions of approval on the plans submitted for building permits.
4. This Special Development Permit is valid only in accordance with the approved plans allowing an additional single family home on the rear lot. Any major use, site or architectural, modifications shall be treated as an amendment of the original approval, and shall be subject to approval at a public hearing before the Planning Commission. Minor modifications shall be approved by the Director of Community Development.
5. Specific deviations allowed with this Special Development Permit are as follows:

1. Lot sizes ranging from 5,100 sq. ft. to 4,100 sq. ft.
2. Lot widths of 9 ft. and 41 ft. ft.
3. Side yard setbacks of 0 ft. for the detached garage on Lot 1.
4. Rear yard setbacks of 0 ft. for the detached garage on Lot 1.

6. The homes shall meet the following standards:

1. The project must maintain the first and second story side yard setbacks as shown in the attached plans (Attachment 3).
2. The project shall remain at an overall FAR of 50% or less, as per the small-lot development guidelines adopted by City Council.
3. Lot 2 shall have an individual FAR of not more than 50%.
4. Applicant shall increase the usable open space on Lot 1 to a minimum of 500 sq. ft. with a minimum dimension of 15 ft. in any direction.
5. Lot 2 shall have a minimum of 10 ft. between the covered porch and the front property line.
6. The detached garage on Lot 1 shall have a depth of 18 ft., to allow adequate backup space for vehicles. The garage shall maintain the minimum area of 400 sq. ft.
7. Accessory units are prohibited on Lot 1 and Lot 2.

7. All existing and proposed overhead service drops shall be undergrounded from the building to the nearest off-site pole prior to occupancy.
8. During any construction, grading and demolition on the site, the hours of operation shall be limited to between 7:30 a.m. and 6:00 p.m. weekdays, 8:00 a.m. and 5:00 p.m. on Saturdays and such activities shall be prohibited on Sundays and national holidays.

9. Additional details and materials shall be added to the west elevation in order to break up the wall planes and create more interest to the flat building façade, to be reviewed and approved by the Director of Community Development.
10. Submit exterior materials and colors for review and approval by the Director of Community Development prior to issuance of a Building Permit.
11. Roofing material and colors shall be approved by the Director of Community Development prior to issuance of the Building Permit. Roofing material shall consist of 40-year dimensional shingle such as Elk Prestique Plus, equivalent or better.

12. Landscape and irrigation plans shall be submitted for review and approval by the Director of Community Development prior to the issuance of a Building Permit. Landscaping and irrigation shall be installed prior to occupancy. The Landscape Plan shall include the following elements:

1. Lot 2 shall be planted with at least one 48 inch box tree to mitigate for the removal of the existing significant tree.
2. Trees shall be planted adjacent to the side and rear property lines in an effort to screen the project from adjacent residential properties.
3. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
4. All areas not required for parking, driveways or structures shall be landscaped.
5. Of new trees installed, 10% shall be 24-inch box size or larger and no tree shall be less than 15-gallon size.
6. Tree protection plans shall be submitted for all trees to be retained prior to issuance of a demolition, grading, or building permit, whichever occurs first.

13. Fencing design and colors shall be approved by the Director of Community Development prior to issuance of the building permit. Wherever the grade differential is one foot or higher, a concrete or masonry retaining wall shall be installed.

14. Two-car garages shall have a minimum internal floor area of 400 square feet, with a minimum clear dimension of 17 feet in width and 18 feet in depth. This area shall be kept clear for the parking of 2 automobiles.
15. All covered and uncovered parking spaces shall be maintained at all times to allow for the parking of automobiles.
16. Unenclosed storage of any vehicle longer than 18 feet intended for recreation purposes shall be prohibited on the premises.

1. The Tentative Map shall be valid for a period of two years, measured from the date of approval by the final review authority.

2. The Tentative Map shall be applicable only in conjunction with a valid Special Development Permit.

3. Building Permits for the lots within a recorded Parcel Map may be issued only in accordance with a valid Special Development Permit.

4. An ingress/egress easement and maintenance agreement shall be submitted to the Planning Division for review and approval.

5. At the expense of the subdivider, City forces shall install such street trees as may be required by the Public Works Department.

6. Prior to final approval of the Final Map by the Director of Public Works, the "In-Lieu Park Dedication Fee" shall be paid in accordance with MCS 18.10.

1. Obtain Grading Permits as required (MCS 16.12.010).

2. Provide soils report prepared by a licensed soils laboratory (Res. 193-76).

1. Record a Final Map.

2. Connect to all City utilities or private utilities operating under a City franchise which provides adequate levels of service.

3. Obtain Public Works approval of plans for utility line extensions, utility connections, meter locations, driveways, sidewalks, etc.

4. The on-site drainage and sanitary sewer systems shall be privately owned and maintained. The fire and domestic water systems shall be privately owned and maintained beyond the meter.

5. Individual water services and meters shall be provided to each lot.

6. Construct all public improvements prior to occupancy.

7. Existing and proposed on-site and street frontage electrical, telephone and cable TV services shall be placed underground or removed prior to occupancy (MC 19.46.060).

8. Post labor/material bond and faithful performance bond for the full cost of all off-site public improvements (MCS 12.08.020).

9. Dedicate public utility easements at lot frontages as required by the utility companies.

10. Installation of the water system shall conform to City standards and shall be part of the City (or franchised utility) system up to the master water meter serving the project. The water system shall be privately owned and maintained beyond the meters.

1. Comply with the Sunnyvale Fire Prevention Code (MC 2099-84; Title 19 of Calif. Admin. Code Sec. 1.12(l); UFC 1982 Edition).

2. The water supply for fire protection and fire fighting systems shall be installed and operational prior to any combustible construction on the site (MC 16.52.170).

1. Pay School Tax fees prior to issuance of a Building Permit.