Ordinance 2001-0051 - Rezoning from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District;

Motion 2001-0052 - Special Development Permit to allow the development of three new houses;

Motion 2001-0053 - Tentative Map to subdivide one lot into three lots.

Background

This project was reviewed at a Planning Commission study session on March 26, 2001. The Commissioners expressed concern with the architecture, size of the units and the requested parking deviation. In order to address these concerns, the applicant requested a continuance from the originally scheduled Planning Commission hearing of April 9, 2001 in order to take more time to improve the architectural design. Staff has provided further discussion on unit sizes on page 7 and the parking deviation on pages 9-10 of this staff report.

The Planning Commission hearing for this item was held on April 23, 2001. The Commissioners supported the project 6-0 (one Commissioner absent), but requested some additional analysis on the proposed removal of a significant tree and the addition of another tree to be planted on-site (Condition of Approval #12g). The draft minutes to this hearing are located in Attachment 8.

The project is located on the 1200 block of Poplar Avenue, which is a mixed-use neighborhood made up of single family homes, condominiums, townhomes, duplexes, triplexes and fourplexes just north of El Camino Real.

The project consists of the demolition of the existing house and construction of three two-story homes. The homes are arranged with one unit at the front of the site and two attached units in the rear. A common driveway leads to a shared parking area between the units. The proposed architecture is Mediterranean in style.

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 property is located within an R-2 (Low-Medium Density Residential) Zoning District. The applicant is requesting the addition of a PD (Planned Development) Combining District requiring 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 three, requiring deviations from the requirements of 8,000 sq. ft. per lot and 76 linear feet in lot width. These deviations may be necessary to create separate owner-occupied lots while providing good site and building design.

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, fourplexes, condominiums, townhouses 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 types, staff finds that the proposed zoning is appropriate for the site.

Use: The proposed use consists of three homes with attached garages and a shared parking area between the units. Single family uses are a permitted use in the R-2 Zoning District. The density of the proposed project is 10.8 units/acre, meeting the housing goal of achieving at least 75% of the maximum allowable density.

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%. (Does not meet)
• 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 project proposes a FAR of 53% where 50% is the policy. The total living and garage area for the site is 6,050 sq. ft., resulting in a FAR of 50%. The porch areas and supported wall projection bring the total to 6,413 sq. ft., for a 53% FAR project-wide. The following table is a breakdown of types of areas and square footages by lot.

* Includes porches and supported wall projections

At the Study Session on March 26^th, the Planning Commission requested a comparison of the proposed unit sizes with the unit sizes of the surrounding properties. There is a triplex to the north, fourplex to the east, single family to the south, and a condominium complex and duplex across the street. The proposed project has larger unit sizes than the fourplex and a similar size to the existing house on the property and the one-story single family house located to the south. The breakdown of unit sizes is as follows:

While the proposed project has unit sizes similar to the existing home on the site and the home to the south, the proposed FAR is significantly higher because there would be three units on the lot. Though no specific square footage information could be found for the triplexes on the street, further analysis of the aerial photograph and site analysis indicates that the building is two stories tall and covers a significant portion of the lot (See Attachment 7, Aerial Photograph). After reviewing the proposed project in context of the surrounding development, staff is supportive of the 53% FAR. The proposed project has a similar bulk to other triplexes on the street. The porches are an architectural feature that improve the look of the homes and the cantilevered section on Lot 1 does not significantly add to the bulk of the house or the intensity of the use.

Accessory Living Units: Under the new regulations adopted by the City Council, the front lot will still be eligible for an accessory unit as it is greater than 5,000 square feet. However, staff believes that adding an additional accessory unit to the project would be undesirable as the lot would not meet the minimum standards for open space or parking. Staff is recommending Condition of Approval #6 prohibiting accessory units from the project.

Site Layout: The proposal includes three units arranged with one detached unit facing Poplar Avenue and two attached ownership units located at the rear of the property. Lot 1, fronting Poplar Avenue, is 6,360 sq. ft. and the two rear lots are 2,880 sq. ft. each. A one-way driveway to the left of the property serves all three lots with a shared parking area at the center of the site. A majority of the driveway and parking area is located on Lot 1. Because of the large paved area at the center of the site, staff is recommending as Condition of Approval #16 that decorative paving be installed to add visual interest.

The proposal includes deviations from the R-2 lot size minimum of 8,000 sq. ft. and interior lot width of 76 ft. Since the total project size allows for three units, staff supports the reduced lot size and lot width of each individual lot in order to allow for home ownership opportunities.

The entire project meets setback and lot coverage standards. Lots 2 and 3 have an individual lot coverage of 41.5%, higher than the maximum 40%, and deviate from the interior setback requirement as they are attached. These rear lots are smaller as they do not contain a majority of the interior parking space or drive aisle. Deviations from individual lot coverage and interior side yard setbacks are standard for attached units and in the past have not been called out as project deviations.

Architecture: The project is proposed with Mediterranean-style architecture, including stucco exteriors and red barrel tile roof. The front unit is narrow, with a small porch and a second story set in on the sides. The rear units are attached, each with separate entry porches and one-car garages. Since the Study Session held on March 26^th, the applicant has continued to work on adding additional details to the exterior of the building. Additional window trim, porch railings and stucco moldings have been added to the building to break up the wall planes and add visual interest. Staff recommends that as Condition of Approval #10 that staff continue to work with the applicant on details such as window styles, materials and colors.

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

Existing Trees: There are six significant trees on-site. Three redwoods along the south property line are proposed be removed due to their proximity to the proposed building as well as a large yucca tree along Poplar Avenue. Staff originally recommended that three 36-inch box trees be planted to mitigate for the removal of the redwoods and the yucca tree. The Planning Commission requested one more tree, for a total of four 36-inch box trees to be installed on the site at a location to be determined by the Director of Community Development (Condition of Approval #12a).

The Planning Commission was concerned about the removal of the yucca tree along Poplar Avenue, and has requested staff to evaluate the possibility of tree protection or relocation. If it is determined that the tree can be saved, only three 36-inch box trees will be required to be installed on-site (Condition of Approval #12g). Two trees at the rear of lot will be preserved and there is a significant oak tree on the property to the south with a root system that encroaches into the subject site. The applicant is required to provide a tree protection plan for these three trees as per Condition of Approval #12f.

Parking/Circulation: A one-way driveway at the left of the lot serves all three units. Unit 1 has an attached two-car garage and Units 2 and 3 each have a one-car garage. There are six parking spaces located in the center area and two uncovered spaces located in front of the two-car garage on Lot 1. The applicant is proposing an open trellis to cover the five spaces along the south property line. However, this does not meet the definition of a covered space. The project meets the requirement for total number of parking spaces but only provides four covered spaces where six are required.

Two-car garages were considered for each of the rear units in order to meet the covered parking standard. This layout had substantial design challenges because of the narrowness of the lot. Providing four enclosed garage spaces in the rear building left 4 ft. of wall space for an entry statement, which was determined inadequate in terms of providing first-floor design elements to meet the goals of the City-Wide Design Guidelines and public safety goals of publicly-viewable entryways.

Staff was not able to make the justifications to support the deviation from the covered parking requirement. The project has the capacity to add a solid-roof structure along the south property line in order to meet the parking requirement. Providing all required parking is an important element of small-lot projects. Two solid-roof carport spaces will meet the parking requirement and staff recommends this as Condition of Approval #17. The two-car carport will add approximately 400 sq. ft. to the total floor area, bringing the total site FAR to approximately 56%.

Tentative Map

General: The proposed project requires the subdivision of the existing property into three lots. Lot 1 will be 6,360 sq. ft. and Lots 2 and 3 will be 2,880 each. Lot 1 has a width of 60 ft. while Lots 2 and 3 have lots of 30 ft. in width.

Access, Easements and Undergrounding: All three lots obtain access from a single driveway located at the left side of the site. The driveway and parking area is primarily contained on Lot 1. A use easement is required so that Lots 2 and 3 may use the driveway and park in the center area. Staff is recommending as Condition of Approval #4 (Planning Division, Tentative Map) that an ingress/egress easement be recorded allowing Lots 2 and 3 access to the driveway and parking in the center area. A maintenance agreement shall also be recorded with the Tentative Map. In addition, the project is required to underground service drops on the proposed lot.

As discussed in the Parking section, staff was unable to make the justifications for the proposed deviation from the covered parking standard.

There are no significant traffic or noise impacts expected with the project. The main impact will be visual, as a new two-story structure will change the look of the site from the street and the surrounding properties (See Attachment 5, Renderings of Front Elevations and Pictures of Existing Site). Staff finds the architectural style suitable for the neighborhood. With the suggested Conditions of Approval, the proposed project will be beneficial to the surrounding neighborhood.

Staff was able to make the required Findings based on the justifications for the Special Development Permit and the Tentative Map. The findings and applicable General Plan Goals are located in Attachment 1.

Conditions of Approval

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.

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

Public Contact

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 Agenda was posted on the City's official notice bulletin board, City of Sunnyvale's Website and recorded for SunDial.

1. Adopt the Negative Declaration and approve the Rezone and approve the Special Development Permit and Tentative Map in accordance with staff recommendation.
2. Adopt the Negative Declaration and approve the Rezone and approve the Special Development Permit and Tentative Map with modifications.
3. Adopt the Negative Declaration and deny the Rezone and deny the Special Development Permit and Tentative Map.
4. Do not adopt the Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative 1.

Prepared by:
Diana Peattie
Associate Planner

Reviewed by:
Trudi Ryan
Planning Officer

Robert Paternoster
Director, Community Development

Approved by:
Robert S. LaSala
City Manager

Attachments:

1. Findings
2. Conditions of Approval
3. Negative Declaration
4. Site and Architectural Plans
5. Renderings of Front Elevations and Pictures of Existing Site
6. Surrounding Uses Map
7. Aerial Photograph of Poplar Avenue
8. Draft Planning Commission Minutes of April 26, 2001
9. Draft Rezoning Ordinance

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale as discussed below:

Land Use and Transportation Element

C2.2 Encourage the development of ownership housing to maintain a majority of housing in the City for ownership choice.

N1.4.1 Require infill development to complement the character of the residential neighborhood

The project will provide single family homes for additional homeownership opportunities. The project meets the General Plan Goal of providing at least 75% of the permitted number of residential units. The current development pattern along Poplar Avenue consists of a mixture of one and two-story structures and unit types. The proposed project will complement the character of the existing neighborhood with architectural design features such as small porches and improved landscaping as well as parking located at the rear of the site.

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 site design of the project meets City-Wide Design Guidelines while minimizing paving visible from the street and providing an entry feature on the front unit.

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

1. That the subdivision is not consistent with the General Plan.
2. That the design or improvement of the proposed subdivision is not consistent with the General Plan.
3. That the site is not physically suitable for the proposed type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
7. 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.
8. 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.

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 density 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

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. If not exercised, this Special Development Permit shall expire 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. 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 6,360 for Lot 1 and 2,880 for Lot 2 and Lot 3.
2. Lot widths of 60 ft. for Lot 1 and 30 ft. for Lots 2 and 3.

6. Accessory living units are prohibited on all lots within the project.
7. All existing and proposed overhead service drops shall be undergrounded from the building to the nearest off-site pole prior to occupancy.
8. Any transformer placed between the face of the building and the street shall be placed in an underground vault. At any other location, the transformer shall be screened as approved by the Director of Community Development.

BUILDING DESIGN

9. All exterior architectural details that are included in the plans reviewed by the Planning Commission shall be included in the final building plans. These features include, but are not limited to gables with decorative stucco treatments, window trim, porch railings, high-quality roofing material, etc.
10. The applicant shall improve exterior details such as window design, window trim and porch features. These exterior details shall be reviewed and approved by the Director of Community Development prior to issuance of the building permit.
11. Submit exterior materials and colors for review and approval by the Director of Community Development prior to issuance of a Building Permit.

LANDSCAPING AND SITE PLANS

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. Four 36-inch box trees shall be planted to mitigate for the removal of the existing significant trees. (Modified by Planning Commission)
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 on-site as well as the oak located on the site to the south prior to issuance of a demolition, grading, or building permit, whichever occurs first.
7. The feasibility of preserving or relocating the yucca tree shall be evaluated. If the tree can be preserved, only three 36-inch box trees shall be required to be installed. (Added by Planning Commission)

13. Provide storm water infiltration to landscaping areas from roof drains; show method on plans prior to issuance of a Building Permit.
14. 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.
15. Submit details and specifications of all exterior lighting to be used on each house or in the front yards for review and approval by the Director of Community Development.
16. Submit a decorative paving plan for the driveways, indicating details of materials, patterns and colors for review and approval by the Director of Community Development.

PARKING

17. The project shall provide six covered spaces. A carport in the central parking area shall be provided for two covered spaces. Design and location shall be approved by the Director of Community Development.
18. All covered and uncovered parking spaces shall be maintained at all times to allow for the parking of automobiles.
19. 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).

3. Public Works

1. Record a Final Map.
2. Connect to all City utilities or private utilities operating under a City franchise that 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 19.38.090).
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.