On August 26, 2002, the Planning Commission reviewed this project. No other citizens gave testimony regarding the proposal, and the Planning Commission had a brief discussion regarding issues such as the front-yard setback and the impact on the single family property owner to the south. The Commission concurred with staff recommendation and approved the project with attached conditions.

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

The proposed project consists of demolition of the existing structures and construction of four townhouse units. The existing driveway will be extended the length of the lot and provide access to both the private garages for each unit and two guest spaces at the back of the project. The north side of the lot will be landscaped and provide private backyard areas for the project. This project is similar to other townhouse projects being built in the immediate area.

A Negative Declaration has been prepared 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).

Change under Consideration: The subject property is located within an R-3 (Medium Density Residential) Zoning District. The applicant is requesting the addition of a PD (Planned Development) Combining District requiring a Rezone to R-3/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 five lots, requiring deviations from the requirements of 8,000 sq. ft. per lot and 120 linear feet in lot width. These deviations will 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 developed with duplexes, townhomes or single family homes. The PD Combining District provides flexibility in designing a project that is consistent with the emerging character of the immediate neighborhood and in allowing townhouse-style ownership housing. 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 medium-density attached ownership housing. The density is 17.4 du/acre where 24 du/acre is the maximum. The project provides 4 units where 5 are the maximum, resulting in approximately 80% of the maximum number of units allowed on-site. The Housing and Community Revitalization Sub-element has a policy that "all new residential developments should build at least 75% of the permitted zoning density." (Policy A.2.)

The proposed unit sizes are 2,190 sq. ft. including the garage. The living area is approximately 1,476 sq. ft. with a large 714 sq. ft. garage. The living and garage areas are consistent with previously approved townhome projects at 973-979 Bellomo Avenue, 992 Bellomo Avenue and Rosemary Terrace at the corner of Wolfe Road and Maria Lane.

Site Layout: The proposal includes four attached units facing the side property line. A one-way driveway slopes down from the street and serves all four lots with a shared parking area at the end of the driveway. This driveway and parking area are located on the common lot. Open space areas are located behind the units along the north property line (see Attachment 4, Site Plan).

The proposed building has covered porches at both the front and rear of the lot that serve as private entries into Units 1 and 4. Units 2 and 3, located at the center of the building, are accessed through a center staircase that leads from the driveway to the second floor (first floor of living area). Those units have private entries from that staircase.

Discussion of all proposed deviations is found in the "Compliance with Development Standards" section.

Architecture: The proposed architecture is a contemporary style that includes a variety of architectural details and materials.

While the materials and colors proposed for this project are substantially different than those in the immediate vicinity, the building mass and exterior decorative elements are similar. Staff finds this design to be appropriately detailed and compatible with the surrounding neighborhood. Staff still has some minor concerns with the project architecture and recommends as Condition of Approval #11 that staff continue to work on additional architectural details with the project applicant. Condition of Approval #12 requires final approval of colors and materials by the Director of Community Development.

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

Existing Trees: There is one significant pine tree located at the front of the site. The applicant is proposing removal of this tree, as the construction trucks could cause compaction of the soil that would affect the tree’s health.

Staff supports the request for removal with a replacement requirement. Because the front yard is narrow and Public Works is already requiring installation of a street tree, staff recommends as Condition of Approval #13a that fast-growing screening plants be installed along the south property line to the left of the driveway to provide shade for the driveway and screening for the surrounding lots.

Parking/Circulation: Each unit provides two garage spaces and the project provides two uncovered guest spaces at the end of the driveway. This project meets the required minimum parking standards of eight covered and two uncovered spaces. Staff recommends as Conditions of Approval #17 and #18 that the property owners maintain the garage spaces for the parking of vehicles and that recreational vehicles over 18 ft. in length are prohibited from being stored on-site.

Undergrounding: The project is required to underground both service drops and overhead boundary lines that run along Bellomo Avenue in front of the project site.

Tentative Map

Access: The project proposal includes four individual townhome lots ranging in size from 967 to 1,127 sq. ft. to gain access from one common lot of 5,795 sq. ft. Staff recommends Tentative Map Conditions of Approval #6 requiring the formation of a homeowner’s association and CC&Rs allowing for the joint use of the drive aisle, two open parking spaces and rear open space.

Dedications: The applicant is required to dedicate a one-foot wide strip of land along Bellomo Avenue as shown on the site plan.

After reviewing the project, staff finds that there is adequate justification to support the proposed deviations.

There are no significant traffic or noise impacts expected with the project. The main impact will be visual, as a new three-story structure will change the look of the site from the street and the surrounding properties. 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.

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

A Planning Commission hearing was held on this item on August 26, 2002. No one except the applicant spoke regarding the project. Staff has not received any letters or comments.

1. Adopt the Negative Declaration, introduce an ordinance to Rezone the site from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map with attached conditions.
2. Adopt the Negative Declaration, introduce an ordinance to Rezone the site from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map with modified conditions.
3. Adopt the Negative Declaration and do not introduce an ordinance to Rezone the site from R-3 to R-3/PD 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.

Precise Zoning Plans are adopted to promote and protect the public health, safety, convenience and general welfare of the inhabitants of the city. The Rezone from R-3 to R-3/PD is appropriate as it provides flexibility in designing a project that is consistent with the emerging character of the immediate neighborhood and in allowing townhouse-style ownership housing. This Rezone will not be detrimental to the surrounding neighborhood as it is in compliance with General Plan Goals and Policies as well as the City-Wide Design Guidelines.

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

The City Council or Planning Commission shall deny the Tentative Map if it makes any of the following findings.

1. The subdivision is not consistent with the General Plan.

2. The design or improvement of the proposed subdivision is not consistent with the General Plan.

3. The site is not physically suitable for the proposed type of development.

4. The site is not physically suitable for the proposed density of development.

5. 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. The design of the subdivision or type of improvements is likely to cause serious public health problems.

7. 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. 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.

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In addition to complying with all applicable Federal, State and local rules and regulations, including the Sunnyvale Municipal Code the permittee expressly accepts and agrees to comply with the following conditions of approval for this permit.

Unless otherwise noted, all conditions shall be subject to the review and approval of the Director of Community Development.

1. Execute a Special Development Permit document prior to issuance of the building permit.
2. The Special Development Permit shall be null and void two years from the date of approval by the final review authority at a public hearing if the approval is not exercised, unless a written request for an extension is approved prior to expiration date.
3. Reproduce the conditions of approval on the plans submitted for building permits.
4. The Final Map must be approved prior to issuance of the building permit.
5. Project shall be in substantial conformance to the approved plans dated August 26, 2002. The Director of Community Development may approve minor changes, major changes may be approved at a public hearing by the Planning Commission).
6. Specific deviations allowed with this Special Development Permit are as follows:

1. Lot sizes ranging in size from 1,454 sq. ft. to 3,849 sq. ft.
2. Lot widths ranging from 20 ft. to 47 ft.
3. Building height of three stories
4. Front setback of 15 ft.

7. Existing and proposed on-site street frontage electrical, telephone and cable TV services shall be placed underground 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.
9. An Impervious Surface Calculation worksheet is required to be completed and submitted for the California Regional Water Quality Control Board prior to issuance of a Building Permit.

BUILDING DESIGN

10. All exterior architectural details that are included in the plans reviewed by the Planning Commission and City Council 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.
11. The applicant shall improve exterior details such as window trim and porch features. The porch feature in particular shall be improved to provide a strong entry statement from the street. These exterior details are subject to review and approved by the Director of Community Development prior to issuance of the building permit.
12. Final exterior building materials and color scheme are subject to review and approval of the Planning Commission/Director of Community Development prior to issuance of a building permit.

LANDSCAPING AND SITE PLANS

13. 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. Fast-growing screening plants shall be installed along the south property line to mitigate for the removal of the existing significant tree.
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. The project shall provide funding for the installation of street trees as required by the Department of Public Works.
7. Provide storm water infiltration to landscaping areas from roof drains; show method on plans.

14. Fencing design and colors are subject to review and 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.
15. Details and specifications of all exterior lighting to be used on each house or in the front yards are subject to review and approval by the Director of Community Development prior to issuance of the building permit.
16. A decorative paving plan for the driveways, indicating details of materials, patterns and colors is subject to review and approval by the Director of Community Development prior to issuance of the building permit.

PARKING

17. Garages shall be maintained at all times to allow for the parking of two automobiles.
18. Unenclosed storage of any vehicle longer than 18 feet intended for recreation purposes shall be prohibited on the premises.
19. Guest parking spaces shall be labeled "Guest Parking".

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. Dedicate a 1 ft. Public Utilities easement along Bellomo Avenue prior to issuance of the Final Map
4. At the expense of the subdivider, City forces shall install one street tree as required by the Public Works Department.
5. The "In-Lieu Park Dedication Fee" shall be paid in accordance with MCS 18.10. in the amount of $17,583 ($4,395.75/unit) prior to issuance of Final Map.
6. Deeds, covenants, restrictions and bylaws relating to the development are subject to approval by the City Attorney and Director of Community Development prior to action of the Final Map. In addition to requirements as may be specified elsewhere, the CC&Rs shall include the following provisions:

1. Membership in and support of an association controlling all common facilities shall be mandatory for all property owners within the development.
2. The homeowners association shall obtain approval from the Director of Community Development prior to any modification of the CC&Rs pertaining to or specifying the City or requirements of the Special Development Permit.
3. The developer shall maintain all utilities and landscaping for a period of three years following installation of such improvements or until the improvements are transferred to a homeowners association, following sale of at least 75% of the units, whichever comes first.
4. The Agreement shall include the Conditions of Approval of this Special Development Permit.
5. Provisions for short and long term maintenance of landscaping, parking, driveways, and utility connections.

2. PUBLIC WORKS

1. Connect to all City utilities or private utilities operating under a City franchise that provides adequate levels of service.
2. Obtain Public Works approval of plans for utility line extensions, utility connections, meter locations, driveways, sidewalks, etc.
3. 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.
4. Individual water services and meters shall be provided to each lot.
5. Construct all public improvements prior to occupancy.
6. 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).
7. Post labor/material bond and faithful performance bond for the full cost of all off-site public improvements (MCS 12.08.020).
8. Dedicate public utility easements at lot frontages as required by the utility companies.
9. 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.

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