***Deviations from SMC requirements

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

In addition to these applications, the applicants have also submitted two prior Preliminary Reviews for the redevelopment of the site. The first application in August of 2001 proposed remodeling the existing house into a duplex and construction of a separate rear dwelling for a total of three units. The second application in February of 2002 proposed creating a 4-unit condominium project.

The applicants are requesting approval of a Parcel Map to subdivide an 11,000 square foot lot into 4 lots (i.e. 3 lots and a common lot) and a Special Development Permit (SDP) to allow demolition of a 3,010 sq. ft. accessory utility building, construction of two attached dwelling units, construction of a single family house remodel and addition, and associated site improvements such as landscaping upgrades, underground utilities, shared driveways and parking. The single family house was previously designated as part of a Heritage Streetscape whish has since been redeveloped. A subsequent analysis by a State-licensed architectural/historic consultant and a previously prepared Negative Declaration indicated that the project site and its structures do not meet the State standards for historical significance.

A Negative Declaration has been prepared for this current project in compliance with the California Environmental Quality Act provisions and City Guidelines. An initial study has determined that the proposed project would not create any significant environmental impacts (see Attachment 3, Initial Study).

Use: The project site is Zoned R-3/PD (Medium Density Residential, Planned Development). A Special Development Permit is required in conjunction with development of all sites that have a Planned Development 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 12 units/acre, which does not satisfy the housing goal of achieving at least 75 percent of the maximum allowable density (18 d.u./ac). The 11,000 sq. ft. lot would allow up to 6 dwelling units on the property. Compliance with this policy would require at least 4 dwelling units to be constructed. The applicants have attempted various site plan layouts and have not been able to find a design that maintains their goal of providing ownership units and also satisfying all of the City’s requirements. The property owner is currently proposing 3 dwelling units. At the direction of staff, the applicants also explored the possibility of sharing access with the adjacent properties to allow more efficient circulation and the construction of an additional dwelling unit. The owners of the adjacent recently redeveloped properties were unwilling to grant shared access.

The Planning Commission may find as part of its review of the project that the applicants’ proposed density is acceptable given the limited redevelopment potential for the project site. It is surrounded by properties that redeveloped to higher densities in the past, the limited site access (only one driveway onto Crescent Avenue) and the property’s existing substandard lot width may make the density acceptable.

The proposed project consists of retaining and remodeling the existing single-family home and developing two attached dwelling units at the rear of the property. All three dwelling units are proposed as ownership units and will have attached 2-car garages and a basement. An existing accessory utility building (i.e. workshop) at the rear of the site will be demolished. The remodeling of the existing single family house will include the reconstruction of a front porch and a new 2^nd-story rear addition. The design of the three units is in keeping with the architecture of the original house and will maintain the two-story residential scale that is found in the area. Both Single Family and Multi-family residential uses are allowable in the R-3 Zone with a Special Development Permit approval. Vehicular access to the site will be provided via a driveway at the westside of the property.

The single family house will have a gross floor area of 2,073 sq. ft. and each of the attached units will have a gross floor area of 1,962 sq. ft. The FAR of the single family lot is 73.5% percent and the FAR of the attached units are each 83.5% because the 3,483 sq. ft. area of the shared common lot is excluded from the FAR of the individual lots. The overall FAR for all structures and the entire property is 54.5%. No FAR is established for the R-3 Zone, but the City’s Small-lot Single Family Guidelines suggest an overall project FAR benchmark of 50%. Given the mixed housing-type nature of this project (which includes the retention of the single family house and construction of two new attached units) the proposed FAR may be acceptable. However, staff is recommending Condition of Approval #11 which requires that the size of the proposed units be reduced sufficiently to ensure a 50% FAR for the overall project.

Site Layout: The applicants are retaining the existing house on the site and will remodel it by incorporating a rear two-story addition and reconstruction of a front porch addition that was removed by a previous owner. Behind the existing house two attached dwelling units will be constructed. A 26-foot wide brick and concrete "auto court" with peripheral landscaping will separate the existing house from the two rear units. Each dwelling unit will have its own individual lot, and the auto court and driveway will be maintained as a separate common lot for shared access and utilities. The project site’s existing vegetation will be enhanced in a more organized planting plan and by additional landscaping. The open space provided exceeds the minimum requirements established by the Zoning Code. Both rear units will have rear yard decks and the front house will have a side yard brick patio.

The applicants’ requested deviations from the Zoning Code are noted in the table below.

The proposed site layout with its reduced setbacks, reduced lot widths, increase lot coverage and smaller lots is similar to other developments that have been approved along Crescent Avenue. 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. With the exception of the front setback, the project’s setbacks to the existing property lines will comply with minimum Zoning Code requirements.

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

The applicants are proposing an Arts & Crafts-style design for the proposed units that is compatible with the original architecture of the existing house and the scale of the surrounding residential neighborhood. All three buildings will have gabled roof forms, exposed rafter/eave details, horizontal wood siding, and double-hung wood trimmed windows consistent with this style. The project will also reconstruct a porch for the Single Family house that was removed by a previous owner.

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

Landscaping:

As noted, the applicants will be upgrading the landscaping and look of the project site. The project will exceed landscaping standards by providing over 883 sq. ft. of landscaped area average per unit on-site where 425 sq. ft. average per unit is required by the Zoning Code. This landscaping will consist of trees, shrubs, and ground cover, and will be distributed throughout the site within proposed private yards, parking area landscaping, building foundation planting, front yard planting, and along the project site’s periphery with adjacent properties. Staff has included Condition of Approval #10 requiring that prior to the issuance of building permits, the applicant provide the Planning Division a Final Detailed Landscaping Plan that is consistent with the landscaping improvements noted on the Site Plan.

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

Parking/Circulation:

As noted earlier, access to the property is limited to a driveway on Crescent Avenue. The project complies with the Zoning Code’s minimum required parking standards by providing 6 garage spaces (i.e. 3 attached two-car garages) and two surface parking spaces. Each unit will have direct access from the living area of the individual unit into its attached garage. Staff has included Condition of Approval #15 requiring that the two surface spaces shall be maintained as visitor spaces and shall be properly designated with signs or parking stall stenciling.

Pedestrian access from the street to the rear units will be provided by the shared auto court and driveway. The concrete auto court and driveway have brick paving border accents which delineate informal pedestrian walkways and help slow down traffic because of the change in the driving surface.

The following Guidelines were considered in analysis of the project parking and circulation.

Easements/Undergrounding: The project will be required to underground all utilities. The majority of these utilities will be located underneath the auto court and driveway which will serve as a common lot with a shared public utility easement.

Tentative Map

General: The proposed project requires the subdivision of the existing 11,000 square foot property into four lots (i.e. 3 parcels and a common lot). The lots will range in size from 2,349 to 3,483 square feet in size.

Access: All three lots will obtain vehicular access from a single driveway located on the Common Lot (Lot 4). Utilities will also be placed underground in the Common lot via a Public Utilities Easement. Staff is recommending as a Condition of Approval that a maintenance agreement shall be recorded with the Tentative Map.

Staff believes that this project provides a higher level of architectural quality, increased average open space and landscaping per unit, a compatible residential use with its surroundings, and additional ownership opportunities that would not be available if the project were required to comply with the standards noted. Staff finds adequate justification to approve the requested deviations.

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 2-story structures 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 projects compatibility to the existing neighborhood and staff finds that the new proposal will not create a significant privacy impact for the adjoining neighbors. Staff also finds the architectural style suitable for the existing house and the surrounding neighborhood.

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

1. Adopt the Negative Declaration, approve the Special Development Permit, and Tentative Map with attached conditions.
2. Adopt the Negative Declaration, approve the Special Development Permit and Tentative Map with modified conditions.
3. Adopt the Negative Declaration 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.
   

Recommend Alternative 1 to the City Council.

Prepared by:

Erwin Ordoñez
Project Planner

Reviewed by:

Fred Bell
Principal Planner

Reviewed by:

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.

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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 excercised, 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 first page of the plans submitted for building permits.
   
4. Construction shall be in substantial compliance 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 may be approved by the Director of Community Development.
   
5. Specific deviations allowed with this Special Development Permit are as follows:
   

1. Lot sizes of 2,819 s.f. (Lot 1), 2,349 s.f. (Lot 2 & 3), and 3,483 s.f. (Common Lot).
2. Lot widths of 41’ (Lot 1), 30’ (Lot 2 & 3), and 19’ (Common Lot).
3. Increase Lot Coverage of 51.9% (Lot 1) and 47.7% (Lot 2 & 3).
4. Front yard setback of 13 ft. to the covered porch for Lot 1.
5. Front yard setback of 0 ft. for Lot 2 & 3.
6. Sideyard setback between Lot 2 & 3 of 0 ft.
7. Rearyard setback of 0 ft for 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.
2. All existing and proposed overhead service drops shall be undergrounded from the building to the nearest off-site pole prior to occupancy.
3. 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.
4. All units shall be pre-wired for electronic communications signal distribution facilities, suitable for use with dish antennas, cable signals, and similar master antennas or signal distribution services.

7. A copy of the recorded CC&R’s shall be submitted to and are subject to review and approval by the Planning Division prior to issuance of building permits

The CC&R’s shall include:

1. The Conditions of Approval of this Special Development Permit.
2. Provisions for short and long term maintenance of landscaping, parking, driveways, and utility connections.
3. Posting of no parking signs in shared driveways.
4. Provisions for a homeowners association.

8. Membership in and support of a homeowners association shall be mandatory for all property owners within the development. The homeowners association shall control all common facilities and shall obtain approval from the Director of Community Development prior to any modifications of the CC&R’s pertaining to or specifying the City or City requirements.

8. 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, larger roof overhangs, brackets, multi-paned and double hung windows, wood window trim, horizontal siding, and high quality roofing materials.

8. Detailed Landscape and irrigation plans are subject to 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. 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.
2. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
3. All areas not required for parking, driveways or structures shall be landscaped.
4. A minimum of four new trees shall be planted on-site, of which, at least 2 shall be 24-inch box size or larger and no tree shall be less than 15-gallon size.
5. Fencing design and colors are subject to approval 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.

11. Prior to the issuance of a Building Permit, reduce the square footage of the proposed units to achieve a maximum project FAR of 50%.

12. The two-car garages shall maintain a minimum of 17 feet in width and 18 feet in depth for the parking of vehicles and a minimum size of 400 sq. ft. The garage shall be kept clear at all times for the parking of 2 automobiles.
13. The garages for all units shall provide raised cabinets and other elevated storage areas to increase usable storage space.
14. Storage of any vehicle (greater than 18-feet and intended for recreation purposes) shall be prohibited on the premises.
15. The two surface spaces adjacent to Lot 1 shall be maintained as visitor spaces for use by all three units and shall be properly designated as "visitor parking" by signs or parking stall stenciling.

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 for the project’s shared common areas 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. 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. A minimum fee of $4,395.75 per unit shall be paid for the two additional units proposed.

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

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.

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Return to RTC# 02-308