SUBJECT: Daryl Fazekas [applicant]: Applications for a 9,200 square foot site located at 347 Beemer Avenue in a R-2 (Low-Medium Density Residential) Zoning District (APN: 204-51-026) (Negative Declaration)

Ordinance 2000-0786 - Rezoning from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density/Planned Development) Zoning District;

Motion 2000-0787 - Special Development Permit to allow demolition of an existing single family house and construction of two new single family houses;

Motion 2000-0788 - Tentative Map to subdivide one parcel into two parcels.

Planning Commission Action: On March 12, 2001, the Planning Commission reviewed this project and unanimously recommended that the City Council adopt the prepared Negative Declaration and approve the requested Rezoning.

During the public hearing, the adjoining property owner at 351 Beemer, noted his concern that the replacement one-story detached garage on Lot 1 could potentially increase the shading of his property and asked for an increased side yard setback or a change of the garage roof design from a gable to a hipped roof to mitigate this perceived impact.

The Commission received his testimony and unanimously approved the Special Development Permit and Tentative Map, but modified the Conditions of Approval found in Attachment 2 to include the following items:

• Requiring that both garages satisfy the minimum 400 sq. ft. interior size dimension required by the Zoning Code.

• Requiring that the roof of the detached garage on Lot 1 be revised to a "hipped roof" to minimize potential shadow impacts.

Previous Actions on the Site: The following table summarizes previous planning applications related to the subject site.

The proposed project involves subdividing an existing lot into two parcels. The existing single family house and garage will be demolished and two new two-story houses will be constructed on the site, with one house occupying each new parcel. Both lots will share a common driveway on the eastern edge of the site. The house on Lot 1 will be located at the front of the site and will have a total of 2,427 sq. ft. including the garage and front porch. The house on Lot 2 will be located at the rear of the site and will have a total of 2,411 sq. ft. including the garage and front porch. Both lots exceed the minimum landscape and open space per unit requirements. The requested deviations include lot size, lot width, and setbacks.

Environmental Review

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.

Rezoning

Change Under Consideration: The subject site 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 1988, 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, as described below.

• 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 creation 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 76 linear feet in lot width. These deviations are necessary to create a separate owner-occupied lot while providing adequate parking and maneuvering area for both lots.

Discussion: The 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 through the Special Development Permit.

The surrounding properties are mixes of duplexes, apartments, and single family homes. 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 in the neighborhood, staff finds that the proposed Zoning is appropriate for the site and is consistent with both the minimum area per unit for the R2 Zoning District (3,600 sq. ft. per unit with a maximum density 12.0 d.u./ acre) and the density ranges noted in the site’s Low-Medium Density Residential (7-14 d.u./acre) General Plan designation. In the last two years two properties have been approved for a development pattern similar to this application.

Special Development Permit

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.

The density of the proposed project is 9.5 units/acre, meeting the housing goal of achieving at least 75 percent of the maximum allowable density (12.0 d.u./ac). The proposed use consists of two single-family homes. The front house has a detached garage and the rear house has an attached garage. Both homes obtain access from the driveway at the eastside of the property.

The new homes will have a gross floor area of 2,427 sq. ft. and 2,411 sq. ft for Lots 1 and 2 respectively. The FAR for both lots is 52.8% percent and 52.4%, respectively. The proposed square footage and FAR include the gross floor area of the houses, porches, overhangs and garages.

The proposed lots are larger than the maximum 4,200 sq. ft. criteria noted in the City’s Small Lot Development Standards and therefore not subject to the 50% Total Site FAR limit noted in these guidelines.

Site Layout: The proposed site layout is similar to other developments along Beemer Avenue. Due to the narrowness of the lots along the street, duplexes or triplexes typically have one dwelling unit constructed behind the other. This project will replicate that development pattern, with one new home located behind the other.

For Lot 1, the applicant has requested a deviation in the front, side, and rear yard setbacks, and maximum rear yard coverage. The standard front yard setback is 20 feet. The proposed project includes a setback of 20 feet to the building and 15 feet to a covered front porch. The standard side yard setback is 4 feet. The proposed project includes a 1-foot side setback from the side lot line for the garage on the west side of the site. The standard rear yard setback is 20 feet but may be reduced to 10 feet if the proposed structure does not exceed 25% of the rear yard. To provide a buffer between the two proposed dwellings and replicate the detached garage development pattern found in the area, the back side of the garage is proposed to be 1 foot from the rear property line and occupy 40% of the rear yard. Due to the narrowness of the lot, staff finds the location of the garage is necessary to provide adequate room for parking and backup distance while providing the required usable open space for the home. Similar deviations were approved by the Planning Commission and City Council in 1999 and 2000 for two other similar types of projects on Beemer Avenue (323 and 350 Beemer Ave.). The house on Lot 1 will meet all other setback requirements.

For Lot 2, the applicant requests a deviation from the 20-foot front setback requirement, and a reduction in the minimum garage size. The rear house is proposed with a setback of 17 feet to the building and 12 feet to a covered front porch. In addition to the front setback deviation, the applicant also requested a reduced garage size of 380 square feet from the 400 square feet required by the Zoning Ordinance. The Commission did not grant this deviation and required that the garage meet the minimum 400 square foot dimensions. Since a corresponding increase in total FAR was not granted by the Commission, the size of the house on Lot 2 must be reduced by 20 square feet.

Staff has worked with the applicant to reduce the apparent bulk and mass of the proposed structures, reduce potential privacy impacts, and provide a design more in keeping with the neighborhood’s scale and character. The following Guidelines were considered in analysis of the project site design.

Architecture: The existing house is a small single story structure with few architectural features. The front façade features stucco and a medium pitched roof.

The applicant is proposing a "Quasi-French Provincial-style" house for Lot 1 with a stucco exterior and trim. A flat tile concrete roof is proposed for the main roof and a copper roof is proposed for both the front and rear bay windows. The applicant has copied the proposed bay window architectural feature from existing houses in the neighborhood. Additional style details proposed by the applicant include recessed arched windows, decorative shutters, and corbels. The proposed detached garage will match the details proposed for the main house but will incorporate a "hipped roof" as required by the Planning Commission.

To add contrast to the design of the house on Lot 1, the applicant is proposing "Craftsman-style" detailing for the house on Lot 2. This house will have a stucco exterior with wood trim, and a wrap-a-round stucco stone wainscotting for the front of the house. A flat concrete tile roof is also proposed for this house. Additional style details proposed by the applicant include decorative eave brackets for the front and rear elevations, 4-post columns for the front porch, and a trellis in front of the proposed attached garage.

Privacy: Staff has worked with the applicant to reduce the size of proposed second story windows to minimize potential privacy impacts while maximizing available light, and to orient all second story egress windows toward the front and rear of the proposed houses whenever possible. The applicant is using clerestory or higher sill height windows whenever possible for the side building elevations, but one bedroom window for the front house on Lot 1 will face east toward a neighbor’s side yard. The potential privacy impact from this larger egress window is partially mitigated by an increased 18-foot sideyard setback that is proposed on this side of the lot, and the fact that the adjacent neighbor’s 10-foot wide driveway also runs along the same property line. Additionally, staff has received a Preliminary Review application for this adjoining property, and will work with both property owners to minimize any future potential privacy impacts.

Staff believes that the design of the proposed structures and the proposed window placement will help to reduce potential privacy impacts on surrounding properties. However, staff is recommending Condition of Approval #9 requiring that trees or tall shrubs be planted along the side and rear property lines to enhance the privacy of both the project site and the adjoining properties.

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

At the February 26, 2001 Planning Commission Study Session, the Commission requested that a conceptual landscaping plan be provided for the public hearing if it was available. The applicant has not had an opportunity to prepare a landscaping plan, but staff is recommending Condition of Approval #9 requiring that a detailed landscaping plan be provided for staff’s review prior to issuance of Building Permits.

Parking/Circulation: The project site currently has a one-way driveway leading to a two-car detached garage that is set back from the street and located on the east side of the site. The project includes demolition of the garage and construction of a new two-car garage for each of the new homes. Both units will have two additional uncovered parking spaces in the driveway in front of the garage. Both garages will meet the minimum standard of 400 sq. ft. The dimensions of both garages have been kept to a minimum due to the narrow size of the lot and to allow adequate parking spaces in front of the garages with adequate backing area from the parking spaces into the driveway. Conditions of Approval #10 and #11 require that the garages be kept clear for the parking of two automobiles and that raised cabinets and other elevated storage space be provided to increase usable storage space. An access easement would allow the driveway to be shared by both homes. Cars parked on both lots would be required to back out from the driveway to the street.

Tentative Map

General: The proposed project requires the subdivision of the existing property into two lots. Both lots will be 4,600 square feet in size. The lots will have substandard widths (measured at the front setback line) of 5.77 feet and 44.23 feet due to the lot configuration.

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

The proposed project will lead to an increase in the intensity of use of the site, but no significant traffic or noise impacts are expected as a result of the project. The main impact will be visual, as two new two-story houses will change the look of the site from the street and the surrounding properties. As discussed in the Site Layout and Architecture sections, the applicant has worked with staff to address the project’s compatibility to the existing neighborhood 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 and landscaping will assist in mitigating remaining privacy concerns. Staff also finds the architectural style suitable for the existing neighborhood. To further minimize potential shadow impacts, the Planning Commission required as a Condition of Approval that the roof of the proposed detached garage be changed to a hipped roof instead of the gable roof originally proposed.

Findings

Rezoning – In order to approve an amendment to the precise zoning plan, the City Council must make the finding that the amendment, as proposed, changed or modified is deemed to be in the public interest.

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

• Staff was able to make the required Findings based on the justifications for the Special Development Permit. 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:

• Staff was able to make the required Findings based on the justifications for the Tentative Map. The Findings are located in Attachment 1.

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 public hearings for this project was published in the Sun newspaper, posted on the site and mailed to the property owners within 300 feet of the project site. Staff received no inquiries at the writing of the original Planning Commission report but did receive comments from the adjoining property owner on the day of the March 12 hearing.

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 Agenda was posted on the City of Sunnyvale's Website and recorded for SunDial.

1. Adopt the Negative Declaration and approve the Rezone, and uphold the Planning Commission’s approval of the Special Development Permit and Tentative Map in accordance with conditions.
2. Adopt the Negative Declaration and approve the Rezone, and uphold the Planning Commission’s approval of the Special Development Permit and Tentative Map with modifications.
3. Adopt the Negative Declaration and deny the Rezone, and reverse the Planning Commission’s approval of the Special Development Permit and Tentative Map.
4. Not adopt the Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative 1
Prepared By:
Erwin Ordoñez, Associate Planner

Reviewed By:
Fred Bell, Principal Planner

Reviewed By:
Trudi Ryan, Planning Officer

Reviewed by:
Robert Paternoster, Director
Community Development

Approved by:
Robert S. LaSala
City Manager

Attachments:  Attachments 5-8 available at City Clerk's office

1. Findings
2. Conditions of Approval
3. Negative Declaration
4. Draft Rezoning Ordinance
5. Site and Architectural Plans
6. Photographs of the Project Site
7. Project Description and Justifications Provided by the Applicant
8.  Copies of Site and Architectural Plans for Previously approved projects at 323 and 350 Beemer Avenue.
9. Draft Planning Commission Minutes of 3/12/2001

Findings - Rezone

1. In order to approve an amendment to the precise zoning plan, the City Council must make the finding that the amendment, as proposed, changed or modified is deemed to be in the public interest. The project as proposed will upgrade one unit and add another unit to the City’s housing stock.

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale as the project promotes single family and owner occupied housing in an area with both ownership and rental housing. The neighborhood is a mix of duplexes, apartments and single family houses and the proposed development will be compatible with the existing pattern of development along Beemer Avenue.

2. The proposed use ensures that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties as the proposed architecture meets the City-Wide Design Guidelines, will be a benefit to the neighborhood, is compatible with the existing architectural character of the neighborhood. In addition, the new homes will be developed within a lot pattern similar to others in the area.

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.

Return to Attachments

Conditions of Approval - Special Development Permit

In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions, the Permittee expressly accepts and agrees to comply with the following Conditions of Approval for this Permit.

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 the development of two new single family homes on two lots. 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 of 4,600 sq. ft.
2. Lot widths of 5.77 ft. and 44.23 ft.
3. Side setback of 1 ft. for the detached garage on Lot 1.
4. Rear setback of 1 ft. for the detached garage on Lot 1.
5. Rear yard coverage of 40% for the detached garage on Lot 1.
6. Front yard setback of 15 ft. to the covered porch for Lot 1.
7. Front yard setback of 12 ft. to the covered porch for Lot 2.

1. The project must maintain the first and second story side yard setbacks as shown in the attached plans.
2. All existing and proposed overhead service drops shall be undergrounded from the building to the nearest off-site pole prior to occupancy.
3. 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.
4. The proposed garages shall comply with the minimum garage size of 400 square feet.

(Added by PC 3/12/01)

5. The proposed detached garage on Lot 1 shall have a hipped roof to minimize shadow impacts.

8.  Roofing materials and colors shall be approved by the Director of Community Development prior to issuance of the Building Permit.

Landscape and Site Plans

 

A.  Trees and tall shrubs shall be planted adjacent to the side and rear property lines in an effort to screen the project from adjacent residential properties.

        C.  All areas not required for parking, driveways or structures shall be landscaped.

        D.  A minimum of four new trees shall be planted on-site, of which, 50 percent shall be 24-inch box size or larger and no tree shall be less than 15-gallon size.

        E. 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.

1. A landscape treatment for the proposed detached garage.

(Added by PC 3/12/01)

11.  The garages for both units shall provide raised cabinets and other elevated storage areas to increase usable storage space.

13.  Unenclosed storage of any vehicle longer than 18-feet intended for recreation purposes shall be prohibited on the premises.

Conditions of Approval - Tentative Map

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 lot or lots within a recorded Final 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. If acceptable to the Planning Division, the agreement shall be recorded with the Final Map.

5. Any proposed Deeds, Covenants, restrictions and By-Laws relating to the subdivision shall be submitted for review and approval by the Director of Community Development and the City Attorney.

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

7. 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).
   C. Public Works
   1. Record a Final Map.
   2. Connect to all City utilities or private utilities operating under a City franchise which provide 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. Developer shall enter into a Subdivision Agreement and post bonds for all off-site work prior to action on Final Tract Map.
10. Dedicate public utility easements at lot frontages as required by the utility companies.
11. 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.