In November of 2000, as a result of the large home study issue, the City Council adopted changes to the Single Family Design Criteria and Development Standards found in the Zoning Code. One of these adopted changes allows a neighborhood to apply for a Single-Story Combining District, which imposes building intensity and height limits upon affected properties.

This application represents the second Single-Story Combining District application received by the City since the changes to the Zoning Code became effective on January 1, 2001. City Council approved the first application for a district of 54 Eichler homes on Wright Avenue, Edmonton Avenue and La Salle Drive on July 31, 2001.

The Planning Commission hearing on this item was held on May 28, 2002. Two property owners who lived in the proposed district spoke in support of the rezoning application. The Planning Commission unanimously recommended approval (see Attachment 7, Draft Planning Commission Minutes, for the full discussion).

A Negative Declaration has been prepared in compliance with the California Environmental Quality Act provisions and City Guidelines. The project site is developed and the proposed rezoning will not have any significant environmental impacts.

Change Under Consideration: The applicant has submitted a request to Rezone 25 properties from R-0 (Low-Density Residential) to R-0/S (Low-Density Residential/Single-Story Combining District).

Objective: The intent of Council’s action creating the Single-Story Combining District was to "modify the site development regulations of the R-0, R-1, and R-2 residential zoning districts, to preserve and maintain single-family neighborhoods of predominantly single-story character (SMC Section 19.26.200)." The applicants have expressed a desire to maintain the one-story character of their neighborhood and this rezoning request implements both the intent of the ordinance and the desire of a majority of the property owners within the proposed district. The rezoning request would, for a seven-year period, preserve the "status quo" in the neighborhood by maintaining its one-story character, but would still allow one-story additions. At the end of the seven-year period the Combining District limitations would expire unless another application to extend the term is approved by the City Council.

As noted in the "Description of Proposed Project" section of this report, the proposed project boundaries follows the boundaries established by Bobolink Circle and Bobwhite Avenue (see Attachment 4, Map of Proposed District). This neighborhood of 25 ranch-style homes presents continuity of structure size and architectural style to delineate a recognizable boundary consistent with the intent of the Single-Story Combining District. Staff believes that the project boundaries are reasonable. Moreover, the project represents an effort on the part of a majority of an existing neighborhood to seek support from the City to help preserve its particular character.

General Plan Consideration: The present General Plan Designation of Low Density Residential Use would not be affected by the proposed rezoning request because Low Density Residential uses would still be allowed.

Discussion: The subject application consists of an original farmhouse and 24 lots out of a 66-lot subdivision developed by Heyman Homes. All properties in the proposed district share property lines only with other properties in the proposed district. The single-story combining district will prohibit the construction of new two-story houses or second-story additions, limit building Floor Area Ratios to 40%, and limit the maximum building height of houses to 17 feet within the proposed district.

In order to file this application, the applicants are required to:

• Propose boundaries for a district that are clearly delineated (See Attachment 3);
• Include at least 20 houses in the proposed district;
• Demonstrate that at least 75% of the homes in the district are one-story (the proposed district is 100% single story);
• Obtain signatures in support of the application from at least 2/3 of the property owners within the proposed boundaries (17 properties);
• Pay the rezoning application fee.

The applicants for this proposed combining district were able to gather signatures in support of the application from 17 of the 25 affected parcels (68% of affected properties, see Attachment 4, Map). Staff also received one letter in opposition to the proposed combining district (See Attachment 6), but was unable to determine the level of support from the remaining 7 property owners. Staff has provided numerous opportunities to comment via the notices that were mailed directly to the affected property owners, by conducting a separate neighborhood meeting with residents, and by posting numerous parcels within the neighborhood.

If approved by Council, the Single-Story Combining District would prohibit the construction of any new second stories for a seven-year period. At the end of the seven-year period, these restrictions would expire unless the neighborhood file to extend the Combining District for successive seven-year periods and the City Council approves the extension. If approved by Council, the proposed Single-story Combining District would take effect 30 days after the implementing ordinance is adopted.

This application meets all the requirements set forth for the proposed district.

No negative impact is expected for the properties surrounding the proposed Single-story Combining District. Parcels within the proposed District would be limited to single-story construction during its effective term.

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

A Planning Commission Hearing was held on this item on May 28, 2002. Two property owners spoke in favor of the district. Three letters were submitted in support of the district (see Attachment 8).

Staff conducted a neighborhood meeting on Thursday, April 25, 2002 at the City of Sunnyvale Community Center. Approximately ten residents from the neighborhood attended the meeting and asked staff questions regarding the proposed rezoning application. During the meeting, staff gave an overview of the application, the requirements of the Single-story Combining District and the City’s public hearing review process. Several residents voiced concerns to the proposed Combining District because of the potential effect on property value. However, staff is not able to determine exactly how many residents are in direct opposition to creation of the district. One letter has been submitted stating opposition (Attachment 6).

1. Adopt the Negative Declaration and approve the Rezone.
2. Adopt the Negative Declaration and approve the Rezone with modified boundaries.
3. Adopt the Negative Declaration and approve the Rezone with other modifications.
4. Adopt the Negative Declaration and deny the Rezone.
5. Do not adopt the Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative 1.

Staff finds that the proposed Zoning District is in conformance with General Plan Goals and policies and will not be detrimental to the surrounding properties. Based on the majority of property-owner support for this district, staff finds that the proposal is in the public interest.

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