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. A Use Permit in 1977 allowed a 600 square foot addition for a workshop and a 180 square foot living room addition (the living room was never added).

This item was reviewed at Administrative Hearing on July 10^th (See Minutes on Attachment #7). A staff report was submitted recommending approval for the Use Permit and Variance. The Administrative Hearing Officer took the matter under advisement and approved the Use Permit and Variance with modified site plan and conditions including a requirement that at least one employee live on site. Two neighbors expressed their concern with the proposal and filed an appeal. The principal concerns of the appeal are with regards to the non-residential use, privacy and possibility of additional noise from vehicles. (See Appeal from neighbor in Attachment #9 for more detail.)

On August 26, 2002, Planning Commission considered this item, denied the appeal and upheld the decision of the Administrative Hearing Officer approving the Use Permit and Variance with additional conditions stating the use was for acupuncture office only, and that the safety of parking by the gas meter should be clarified.

Vice Mayor Miller appealed the action of the Planning Commission expressing concerns with the number of approved variances, the reduction of buffer from 10 feet to 1.2 feet resulting in a neighborhood issue, trees and parking issues.

The applicant has submitted a revised floor plan subsequent to the recent appeal that indicates a reduction of floor area devoted to the proposed office use. The plan indicates that the acupuncture use will now encompass 798 square feet of the existing structure. Originally, the project had indicated a total 948 square feet for the project. This modification will alter the parking requirement of 5 spaces to 4 spaces for the acupuncture use. Please reference the "Parking" section of this report for more clarification.

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

A parking plan proposing seven parking spaces was initially reviewed at Administrative Hearing. This plan enabled the applicant to meet the parking requirement (SMC19.46.050) for medical office uses but did not allow the site to meet the landscape buffer requirement of 10 feet to abutting residential uses. (SMC 19.38.070) The Administrative Hearing Officer approved a revised plan that indicates six parking spaces and a landscape buffer of 10 feet to the north and west property lines and preservation of mature trees in the rear. Additionally, this approval requires that at least one employee live on-site.

The 1-2 foot buffer along the south property is existing and was approved to allow adequate parking and driveway space. Because of the narrow planter width, this vegetation will be limited to small trees and shrubs. Due to the site layout of the property to the south, staff feels that there will be minimal noise and visual impact to the adjacent neighbors.

In order to allow the site to obtain the 10-foot landscape buffer and preservation of two mature trees, the Administrative Officer supported the allowance of an 8-5 foot stall width for the proposed use, instead of the required 9-foot stall width for medical uses. The modified site plan also indicates a second driveway in front of the house that allows the site to meet the required parking. The resident will primarily use this space, due to the proximity to the front door.

Use: Approval of the requested use permit would allow an acupuncture use to be established in a former workshop attached to the rear of a single-family residence. As modified, the medical clinic would occupy two rooms at the rear of the structure totaling 798 square feet. A bathroom is included in the business square footage. The remainder (1,575 square feet) would continue as a single-family residential use.

The applicant is the medical practitioner for the proposed use and intends to eventually 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.

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).

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. Additional parking spaces were approved 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 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 living landscaping material 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 proposed to remove two mature trees in the rear yard and one smaller tree 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. The action of the Administrative Hearing Officer would allow both of the mature trees to be retained. With proper pruning there should be no conflict with the utility lines. Even with the loss of landscaped area for parking, the site would still meet 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 west property lines.

There is an existing six-foot board-on-board fence located along the rear and side property lines. Staff recommends Condition of Approval No. 6, which requires that the fence along the north property line be repaired or replaced, as it is currently leaning to one side.

The Planning Commission modified the conditions to require that the two existing mature trees shall be retained (Condition #3c).

Parking/Circulation: SMC 19.46.050 requires that four on-site parking stalls be provided for the 798 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 four parking stalls provided for the medical office would be available for the residence after business hours.

At the Administrative Hearing, a parking plan was approved that indicates 4 spaces at the rear of the property, 1 space along the south side of the house and 1 space in the front yard on the north side. In order to meet the buffer requirement for abutting residential and non-residential use, six parking spaces have been approved for the mixed residential and medical office use, provided that at least one employee of the medical office is a resident on-site. The original approval included a Condition of Approval that required at least one employee live onsite. The office use required five parking spaces and the residential use needed two spaces. The Hearing Officer approved the six spaces, provided that one space would be used by an employee who resides on site. Due to the modified floor plan and reduction of office area, this condition has been eliminated. The six parking spaces provided are adequate for the medical office (4 spaces) and residential (2 spaces) uses. See Condition of Approval #8. There are no covered parking spaces on the site.

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. The Administrative Hearing Officer and Planning Commission on an appeal has approved the following deviations:

• SMC 19.38.070 – deviation of landscape buffer requirements by providing only a 1-2 foot buffer along the south property line. A 6-foot wooden fence where a 6-foot masonry wall is required. The previous non-residential use was permitted without the landscape buffer and masonry wall requirements.
  
• SMC 19.46.090 - allowance of 8.5 foot stall width for two spaces, where 9 feet is required for medical facilities. The variance allows the site to meet parking and buffer requirements.
  
• SMC 18.12.070 – enable a second driveway which results in 31% of the property line adjacent to the public right-of-way being occupied by the driveway approaches where one driveway is permitted. SMC requires that 24% of the property line adjacent to the public right-of-way may be occupied by driveway approaches. A variance would allow additional parking for the site.

Staff anticipates no impact on the surroundings, however the appellant differs with this conclusion.

Please refer to the appeal on Attachment #9 for more detail. The appeal notes concerns with the proposed use, privacy, noise and hours of operation. Staff believes that the proposed use is compatible with the surrounding neighborhood and will have minimal impact to the adjacent neighbors. The current zoning, R2/O (Low-Medium Residential/Office) and General Plan designation of "Office" encourages the proposed use for the site. The site has no history of complaints with the exception of a hazardous tree that has since been removed. Although the site does not meet the landscape buffer requirement on the south side of the property, no significant impact is expected from the proposed mixed use as a driveway and parking area is adjacent to this side on the neighboring property. This area helps mitigate any possible negative impacts of the proposed use. Due to the history and site characteristics of the property, the strict enforcement of the landscape buffer requirement would make a non-residential use difficult to achieve. As stated in the findings, the requirement has been waived with similar properties that allow a non-residential use. The revised conditions of approval adequately address noise and privacy impacts that are of concern. At the Planning Commission hearing, testimony suggested shorter hours on Saturdays.

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 proposal involves no interior or exterior alterations, nor expansion of the use. All standard development requirements are met with the exception of the landscape buffer and masonry wall. The medical office and residential uses are consistent with the zoning designation and neighborhood servicing commercial uses in the area. The proposed project will enhance the economic viability of the property that will contribute to the continued maintenance of the designated historic structure.

1. Because of exceptional or extraordinary circumstances or conditions applicable to the property, or use, including size, shape, topography, location or surroundings, the strict application of the ordinance is found to deprive the property owner or privileges enjoyed by other properties in the vicinity and within the same zoning district.

Because of the existing site design, there is limited parking area available on-site. In order to provide the required number of parking spaces while maintaining the appropriate landscape buffers where possible, the landscape buffer on the south property line would be reduced, two parking stalls would be 8.5 feet wide, and a second driveway would be installed on the north side of the property. The existing site design includes a 1-foot buffer on the south side of the property. In addition, the original site design included driveway on the north side of the property to access an old garage. Therefore, the existing site conditions would be maintained, which is consistent with the pattern of development in the area. Additionally, the 8.5 foot stall width for two parking spaces would allow for a 10-foot landscape buffer and the preservation of two mature trees along the north and west property lines. This stall width is allowed for other uses.

The strict application of the landscape buffer, stall width and single driveway requirement would deprive the property owner from utilizing this heritage structure as a non-residential use. However, this structure has already been modified to include a nonresidential work area in the rear. Therefore, future potential buyers of the property may request exterior modifications to this heritage structure. Allowing the nonresidential use would contribute to the preservation of this heritage structure. In addition, this use is consistent with the General Plan Designation of Office for this neighborhood, which often incorporates office uses into single family residences.

2. The granting of the Variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district.

The proposed medical office use would have minimal noise and visual impacts, and it would maintain the residential use within the majority of the structure. Staff believes that the adjacent properties would not be injured by the reduced landscape buffer on the south property line, the reduced stall widths and the second driveway, as these conditions would allow for 10-foot landscape buffers to be placed along the north and west property lines while providing sufficient on-site parking. In addition, there is an existing 6-foot wooden fence surrounding the site, which helps to screen the neighbors to the south.

3. Upon granting of the Variance, the intent and purpose of the ordinance will still be served and the recipient of the Variance will not be granted special privileges not enjoyed by other surrounding property owners within the same 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 requirement of a nonresidential use.

In addition, the intent and purpose of the stall width requirement for medical office uses would be met, as there are a majority of standard parking spaces provided on-site as well as an accessible space. Other uses allow 8-5 foot stall widths.

The second driveway would allow for the parking requirement to be met. Staff anticipates that the parking space within this driveway would be utilized by the resident, as this space would be located near the door to the residence. Therefore, usage of the driveway during the business hours (when clients would be using the existing driveway) would be minimal.

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:

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

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 be in substantial conformance with the plan approved by the Director of Community Development on July 17, 2002. The landscape plan shall include the following elements:

1. a 10-foot landscape buffer along the north and west property lines;
2. a 1 to 2-foot landscape buffer along the south property line;
3. retain the existing mature trees;
4. screening vegetation along the south property line through the use of small trees or shrubs;
5. 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. Repair or 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.
8. Six parking spaces are required for the combined residential and medical office uses with the following provisions:

1. at least one employee of the medical office is a resident on site; (deleted)
2. parking shall be provided as indicated on the revised site plan provided to staff dated October 4, 2002 (three spaces facing the north property line in the rear yard, one space facing the west property in the rear yard, one space along the south side of the house and one space on the north side of the front yard).
3. safety parking enhancement shall be provided by the south side parking space of the front yard next to the gas meter.

9. This Use Permit is valid only in accordance with the approved Variance #2002-0458 for a recorded landscape buffer, reduced parking stall width and two driveways.

10. This Use Permit is valid only for Acupuncture Business Use.

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