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

The project site is an existing single-family residence with an attached workshop in the rear. The upholstery workshop has been vacant for more than one year and the residence is vacant. The Use Permit allowed a 600 square foot addition for a workshop and a 180 square foot living room addition (the living room was never added).

The applicant proposes to establish a medical office use (acupuncture clinic) in a former upholstery workshop attached to a single-family residence. The remainder of the floor area of the residence will continue to be used as a single-family residence. No interior or exterior modifications to the structure are proposed. Medical office uses are permitted with a Use Permit in an R-2/O Zoning District.

The structure located at the subject site is listed on the City of Sunnyvale Heritage Resources Inventory. However, no interior or exterior modifications to the structure are proposed. Therefore, the project is not subject to environmental review per Section 15061 of the California Environmental Quality Act, as it can be seen with a certainty that the activity will not have a significant impact on the environment.

Variance

The proposed site plan had originally included only six parking spaces where a minimum of seven parking spaces are required for this use under Chapter 19.46 of the Sunnyvale Municipal Code. Additional parking has been provided on the site plan, so a variance from SMC 19.46 is no longer required. However, the modified site plan does not allow room for the required 10-foot buffer to the adjacent residential properties. Therefore, the application for a variance has been modified to allow a variance from SMC 19.38.070 landscape buffer requirements.

In order to provide the required parking for this use and adequate backup distance for the parking stalls, the existing landscaping located at the rear of the site would be eliminated. SMC 19.38.070 requires that a 10-foot landscape buffer strip be provided between any property with a non-residential use that abuts a residential use. This requirement also includes a 6-foot masonry wall along the property line.

There is an existing 6-foot board-on-board fence located on the rear and side property lines (see Attachment 6). If the landscape buffer were maintained, the site could not accommodate adequate parking for this use. Because the site would still be used as a residence and the non-residential use would have minimal noise and visual impacts, staff is supportive of this request for a variance. In addition, there would be no trash enclosure or other structures in the rear yard that would create a nuisance for the neighbors; this area would only be used for parking. A commercial trash account, separate from the residential account for curbside service, will be required (Condition of Approval No. 4). Staff recommends Condition of Approval No. 6, which requires that the fence along the north property line be replaced, as it is currently leaning to one side.

Use Permit

Use: Approval of the requested use permit would allow a medical use to be established in a former workshop attached to the rear of a single-family residence. The medical clinic would occupy two rooms, totaling 779 square feet. In addition, the enclosed rear porch and utility room would be used for storage, laundry and an accessible restroom. The total proposed office use gross floor area is 948 square feet. The remainder (1,425 square feet) would continue as a single-family residential use.

The applicant is the medical practitioner for the proposed use and intends to use the property as a live/work space. The business operation would include one licensed acupuncturist, one clerk, and patients would be scheduled one or two at a time. Proposed business hours are from 9 a.m. to 6 p.m. Monday through Saturday.

Through previously approved permits the structure has already been modified to function as a live/work site. Due to its current floor plan configuration, if someone wanted to use the structure strictly as a residence, it would likely require significant modifications. Allowing the structure to continue to function as a live/work space will help preserve it as a heritage resource because fewer modifications would be required.

Site Layout: The existing structure is a 2,718 square foot single-family residence on an 8,320 square foot lot. The building covers 34% of the site. There is a driveway along the south property line to the rear of the lot, which provides access to the shop. Between this driveway and the structure, one parallel space is proposed, and the remaining six parking spaces are proposed in the rear yard.

There is a partial driveway to the former one-car garage located along the north property line. The garage has been converted to an office use, and there is no longer a curb cut for this driveway. The front entry is located adjacent to this partial driveway on the north side of the residence. There is no paved access from the public sidewalk to the front entry. Therefore, a paved walkway should be to be installed from the public sidewalk to the front door to make the front entry functional (see Condition of Approval No. 5).

There are no other structures on the site. The layout of the home is unusual. It appears as a one-story home from the street but it is a three level structure. The existing ground floor space was most likely originally a utility/basement area with the residential living area above. The workshop appears as nonresidential use, and does not match the construction or style of the home.

Landscaping: There is very little landscaping on the site. For the most part it is exposed dirt or concrete with a few shrubs and one recently planted tree in the front yard. The applicant is proposing to remove two trees in the rear yard in order to provide space for parking. The City Arborist recommended that the trees be removed as they are too close to the high voltage utilities on the west property line. With the loss of landscaped area for parking, the site still meets SMC 19.38.070 landscape requirements by providing approximately 2,094 square feet (25.2% of the site) of landscaping. Staff recommends Condition of Approval No. 3, which requires that a landscape and irrigation plan be submitted with significant screening vegetation along the north and south property lines. Because of the narrow planter width, this vegetation will be limited to small trees and shrubs.

Parking/Circulation: The applicant proposes to install seven on-site parking spaces. One accessible space and five standard spaces are proposed in the rear yard, and one parallel space is proposed between the driveway and the structure. There are no covered parking spaces on the site.

SMC 19.46.050 requires that five on-site parking stalls be provided for the 948 square foot medical office. SMC 19.46.050 also requires that single family residential uses provide two on-site covered spaces and two on-site uncovered spaces. The covered parking area within the garage has been converted to living space in the past. Therefore, the on-site parking provided for the residential use is legal nonconforming because only two uncovered spaces are provided. No additional parking would be required for the residence, as the residential use is not expanding. In addition, the five parking stalls provided for the medical office would be available for the residence after business hours. Therefore, the proposed parking plan meets SMC 19.46.050 parking requirements by providing a total of seven on-site parking spaces.

The structure is listed on the City’s local heritage resource inventory. The project only proposes the change in use; there are no exterior or interior alterations proposed to the structure. Allowing the proposed office/residential mixed-use will contribute to the continued economic viability and maintenance of the existing historic resource. The structure, as modified by the previous Use Permit No. 3552, accommodates a continued mixed use that encompasses both office and residential uses.

The structure meets the current development standards, with the exception of the existing front yard setback, which is 18 feet, 11 inches where 20 feet is required. With the proposed use, the site would include a deviation from SMC 19.38.070 landscape buffer requirements by providing no buffer and a 6-foot wooden fence where a 10-foot landscape buffer and 6-foot masonry wall are required.

Staff anticipates no impact on the surroundings.

Staff was able to make the required Findings based on the justifications for the Use Permit.

• Findings for the Use Permit and Variance and General Plan Goals are located in Attachment 1.
  
• Conditions of Approval are located in Attachment 2.

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

1. Approve the Use Permit and Variance subject to the recommended Conditions of Approval.
2. Approve the Use Permit and Variance subject to modified conditions.
3. Deny the Use Permit and Variance.

Alternative 1.

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

2. The proposed use is desirable, and will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the Zoning District.

The intent and purpose of the landscape buffer and masonry wall requirements is based on problems that may arise when nonresidential uses abut residential uses. However, this nonresidential use includes only a small medical office operation, and the majority of the structure would remain residential. The office hours are limited to the hours that many adjacent residents would be away from their homes. Any noise or aesthetic impacts would be minimal due to the nature of the proposed use and the existing 6-foot wooden fence. In addition, variances from this code requirement have been granted for other properties where a residence is used for an office, as most residential properties have not been designed specifically for the parking and landscape buffer requirements of a nonresidential use.

In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations permittee expressly accepts and agrees to comply with the following conditions of approval of this permit:

1. The conditions of approval shall be reproduced on one page of the plans submitted for a Building Permit for this project.
2. Any major site and architectural plan modifications shall be treated as an amendment of the original approval and shall be subject to approval at a public hearing before the Administrative Hearing Officer, except that minor changes of the approved plans may be approved administratively by the Director of Community Development.
3. Prior to occupancy or issuance of a building permit, whichever comes first, submit landscape and irrigation plans, subject to the review and approval by the Director of Community Development. The landscape plan shall include significant screening vegetation along the north and south property line through the use of small trees and shrubs. The landscape plan shall also ensure that no more than 50% of the required front yard is paved.
4. Medical office shall have a separate commercial refuse account from the residence.
5. Install a walkway to the front door from the public street. Demonstrate this walkway on the landscape plan submitted for review.
6. Replace the existing fence along the north property line with a 6-foot high wooden fence.
7. The office hours of operation shall be Monday through Saturday from 9:00 a.m. to 6:00 p.m.

Back to Report 02-0388 & 0458

Back to Report 02-308

Attachment 5

Photograph of the subject site

Back to Report 2002-0388, 2002-0458 Attachments

Attachment 6