On November 11, 2002, the Planning Commission reviewed this project. One resident gave testimony stating concerns with the amount of parking, traffic and height of the building (See Attachment 11, Draft Planning Commission Minutes). The Planning Commission had a brief discussion regarding height and appropriate location for the underground parking garage gate. The Commission concurred with staff’s recommendation and approved the project as proposed with three additional conditions (Conditions of Approval #27-29).

• Prior to 1965 - site was used for agricultural purposes.
• May 1965 to November 1990 - site served as a gas station.
• April 1986 and May 1992 - environmental services are performed on-site to address soil and groundwater contamination.
• November 1990 - all underground tanks were removed and the gas station was demolished.
• May 1995 - the Santa Clara Valley Water District grants site closure.

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

• Construct 23 apartment units including two below market rate units.
• Mixture of studio, one, two and three-bedroom units.
• Three-story building over podium-level (partially submerged) parking.
• Vehicular access from Old San Francisco Road.
• Recreational open space at the rear, side and in a central courtyard.
• Craftsman style architecture with shingles, horizontal siding, and masonry materials.

Nearby Uses: The site is surrounded on the east and south by a 2.5-story townhouse project. Across the street to the north is a gas station and to the west is a one-story restaurant and a 3 to 4-story apartment complex. To the northwest is a recently completed 2.5-story townhouse project.

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).

General Plan Amendment

Change Under Consideration: Amend the General Plan from Commercial Neighborhood Shopping to Residential High Density (27-45 du/acre).

Discussion: Though previously used for commercial businesses, the site has been vacant for 12 years. In 1996, the City granted a Special Development Permit to allow neighborhood-serving market, but the site did not ultimately develop as surrounding residents objected to the granting of a retail alcohol sales license for the site. It is unlikely that a small market could locate at the site without the ability for retail liquor sales (at least beer and wine).

The surrounding uses are primarily medium to high-density residential (Refer to Attachment 1 for General Plan Goals and Policies and Attachment 9 for General Plan Map). The high density category is appropriate at a busy intersection with nearby bus lines along Old San Francisco and Fair Oaks Avenue. In addition, the Housing and Community Revitalization Sub-element states that the City needs to provide additional housing opportunities where feasible (Goal A, Housing Sub-Element). Staff finds the designation in the public interest as it provides for additional housing units and is consistent with nearby uses.

Change under Consideration: Rezone the site from C-1/PD (Neighborhood Shopping/Planned Development) to R-4/PD (High Density Residential/Planned Development allowing up to 36 du/acre).

Discussion: The R-4 Zoning District is the only district compatible with the Residential High Density General Plan Designation, allowing up to 36 du/acre. The continuation of the Planned Development Combining District allows for special consideration of any modifications, additions or limitations to the project.

Use: The project consists of 23 apartment units, including two below market rate units, over a partially submerged parking structure. The proposed density is 38.5 du/acre which includes for a 15% density bonus allowed when 10% of the units are below market rate, as required by SMC 19.66.020. This density is consistent with the proposed General Plan designation and Zoning District.

Site Layout: The building is square with an open courtyard at the center. It is setback 20 ft. on the north, west and south property lines and 15 ft. from the east property line. The building orientation is primarily towards Old San Francisco Road with a defined entry and stairs that lead from the sidewalk. Recreational space is located in the central courtyard or walkways at the rear and side. All parking is located underneath the building.

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

The architecture is Craftsman style with a mixture of masonry, shingle and horizontal siding materials. Large roof overhangs, brackets, and a variety of window shapes and balconies add detail to the building. The color palette is a series of light earth tones intended to break up the massing of the building and add additional interest to the façade. Staff recommends as Condition of Approval #18 that the applicant continue to work to add additional details to break up the massing of the building.

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

The proposed project meets the useable open space and landscape area standards. Useable open space is located on private balconies, the interior courtyard and the side and rear yard areas (See Attachment 4, Useable Open Space Areas). The grade will slope up approximately 5 ft. along the street frontages to match the surrounding condominium project (see Attachment 7, Photographs). The landscape berms cover the upper half of the parking garage, presenting a three-story frontage along the street.

The project proposes four new 24" box street trees. The two Shumardi Oaks along Fair Oaks Avenue and two Yarwoods along Old San Francisco Road are consistent with the species required by the Street Trees Division of Public Works.

Parking/Circulation: A two-way driveway provides garage access from Old San Francisco Road. Residents of the complex access their units from stairways at either end of the garage or through an elevator that leads to the central courtyard. Bicycle parking is also provided in a locked enclosure in the garage.

The proposed project provides 43 spaces, meeting the minimum number of parking spaces required. However, the project has designed a higher number of compact spaces than allowed by code. The proposed project has 35% of all spaces as compact, where the code states that a maximum of 35% of all unassigned spaces be compact size. Due to the constraints of the site, it is not possible to expand these spaces to meet the minimum without either reducing the total number of spaces or encroaching into required drive aisles or setbacks.

Previous traffic analysis for this location indicates that there will be no significant traffic impacts on the surrounding streets or the Old San Francisco Road and Fair Oaks Avenue intersection.

Easements/Undergrounding: All overhead utilities and service drops need to be undergrounded as part of this project.

A deviation from the maximum number of compact parking spaces is requested for this project. Several justifications from this deviation can be made as the project meets the housing goal of achieving 75% of the maximum density, provides two below market rate units, includes a variety of architectural features and preserves most of the existing landscaping on-site.

• Visual – The addition of this 3.5 story building on a previously vacant site will create a visual change on the streetscape and the Old San Francisco and Fair Oaks intersection. The project is approximately 10 ft. taller than the surrounding buildings. The potential for impact is minimized by using different treatments on the third story to minimize the vertical impact and by creating insets in the building to break up the mass.
• Privacy – The presence of windows along the south and west elevations could have a privacy impact on the adjoining townhomes. This effect has been minimized by using smaller windows on the south-facing elevation and by protecting existing screening trees along the perimeter of the site.

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

The applicant has had three meetings with the homeowners association for the adjoining Cherrywood Condominiums. Main issues discussed at the meeting included traffic, building height and architecture. Staff was not present at these meetings.

A Planning Commission Hearing was held on November 11, 2002 for this item. Four members of the nearby Cherrywood Condominium project attended the hearing.

1. Adopt the Negative Declaration and introduce a Resolution to change the General Plan designation from Commercial Neighborhood Shopping to Residential High Density, introduce an Ordinance to Rezone to R-4/PD and approve the Special Development Permit with attached conditions.
2. Adopt the Negative Declaration and introduce a Resolution to change the General Plan designation from Commercial Neighborhood Shopping to Residential High Density, introduce an Ordinance to Rezone to R-4/PD and approve the Special Development Permit with modified conditions.
3. Adopt the Negative Declaration and do not introduce a Resolution to change the General Plan designation from Commercial Neighborhood Shopping to Residential High Density and deny the Special Development Permit.
4. Do not adopt the Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative 1 as recommended by Planning Commission.

• Action Statement N1.4.2 Site higher density residential development in areas to provide transitions between dissimilar neighborhoods and where impacts on adjacent land uses and transportation system are minimal.
• Action Statement R.1.7.2 Support regional efforts which promote higher densities near major transit and travel facilities, without increasing the overall density of land usage.

• Action Statement N1.4.1 Require infill development to complement the character of the residential neighborhood.

• Goal A Foster the expansion of housing supply to provide greater opportunities for current and future residents within limits imposed by environmental, social, fiscal and land use constraints.
• Policy C.1 Continue efforts to balance the need for additional housing with other community values, such as preserving the character of established neighborhoods, high quality design, and promoting a sense of identity in each neighborhood.
• Goal D Maintain diversity in tenure, type, size and location of housing to permit a range of individual choices for all current residents and those expected to become city residents.

In order to make the findings for a General Plan Amendment, consistency with the General Plan must be established. As shown in the above General Plan goals and policies, there are policies that support a high-density residential project. This land use is compatible with the surrounding General Plan designations and land uses and the location is appropriate for high density.

In order to approve a rezoning request the City Council is required by Zoning Code Section 19.92.050 to make a finding that "the amendment, as proposed, changed or modified is deemed to be in the public interest". The proposed Rezoning is consistent with this finding because it improves a vacant lot, provides 23 additional housing units to help ease the City’s jobs/housing balance, two of which are Below Market Rate units, and provides a design that is compatible with uses on surrounding properties.

The Findings for the Special Development Permit are dependent upon the General Plan and Rezoning Actions. Only one of the following Findings must be made to approve the Special Development Permit.

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale.

The project as proposed would meet the objectives and purposes of the General Plan as it helps ease the City’s jobs/housing balance by providing 23 additional housing units, including two additional affordable housing units to help address the affordable housing needs identified by the Housing and Community Revitalization Sub-Element of the General Plan.

The project is also in compliance with the Community Design Sub-Element as the buildings are appropriate to the context and designed to be compatible with surrounding properties (Policy C.4) as well as proposing quality architectural design.

2. The proposed use ensures that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties.

The project provides an in-fill use and an attractive architectural design that is compatible with surrounding uses and is in keeping with the adjacent condominium development and apartment complexes in the area.

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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. Project shall be in substantial conformance to the approved plans dated November 11, 2002. The Director of Community Development may approve minor changes; major changes may be approved at a public hearing by the City Council.
5. All existing boundary lines and proposed overhead service drops shall be undergrounded from the building to the nearest off-site pole prior to occupancy.
6. All existing and proposed roof equipment shall be screened to the height of the highest piece equipment in accordance with plans approved by the Director of Community Development.
7. 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.
8. Submit a detailed recycling and solid waste disposal plan to the Director of Community Development for approval prior to issuance of the building permit.
9. An Impervious Surface Data Calculation worksheet is required to be completed and submitted for the California Regional Water Quality Control Board prior to issuance of a Building Permit.

1. The developer owner shall construct two Below Market Rate (BMR) Units as determined by the Director of Community Development.
2. The developer shall enter into an agreement with the City specifying the type of rental assistance to tenants or the applicant/property owner agrees to rentals, which are set by the City. The agreement shall be executed prior to the issuance of a Building Permit.
3. BMR rental units shall be held and maintained by the developer and its successors in interest as BMR rental units. They shall be made available to and occupied only by persons qualified therefore under the provisions of Sunnyvale Municipal Code Chapter 19.88, as amended.
4. The developer shall permit reasonable access to the development to City or its designee for purpose of monitoring and verifying continuous compliance with Sunnyvale Municipal Code Chapter 19.88, as amended.
5. The BMR units shall be distributed throughout the project in accordance with specific plans approved by the Director of Community Development.
6. In the event that any BMR unit or portion thereof is destroyed by fire or other cause, all insurance proceeds therefrom shall be used to rebuild such units, or, in the alternative, shall be used to repay any encumbrance on such units, and the balance, if any, shall be distributed to the City of Sunnyvale. Grantee hereby covenants to cause the City of Sunnyvale to be named an additional insured party to all fire and casualty insurance policies pertaining to said assisted units.
7. Any material breach of these BMR conditions shall constitute grounds for revocation of this permit, in addition to other remedies provided by law.

1. The applicant shall continue to improve the exterior details of the building to assist in reducing the appearance of bulk and break up the massing of the building. These exterior details shall be reviewed and approved by the Director of Community Development prior to issuance of the building permit.
2. Roofing materials shall be Elk Prestige Plus equivalent or better, and final colors are subject to approval by the Director of Community Development prior to issuance of a Building Permit.
3. Final exterior building materials and colors are subject to review and approval by the Director of Community Development prior to issuance of a building permit.

1. Landscape and irrigation plans shall be subject to 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. A tree protection plan shall be submitted for the six existing trees to be preserved on-site. The two trees to be removed are trees #6 and #7 on the arborist’s report.
2. Any protected trees, (as defined in SMC Section 19.94) approved for removal, shall be replaced with a specimen tree of at least 24-inch box size. In addition, of all other new trees installed, 10% shall be 24-inch box size or larger and no tree shall be less than 15-gallon size.
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. The project shall provide funding for the installation of street trees as required by the Department of Public Works.
6. Provide storm water infiltration to landscaping areas from roof drains; show method on plans prior to issuance of a Building Permit.

22. 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.
23. Submit details and specifications of all exterior lighting for review and approval by the Director of Community Development. Lighting plan should include:

1. Sodium vapor (of illumination with an equivalent energy savings).
2. Pole heights to be uniform and compatible with the areas, including the adjacent residential areas. Light standards shall not exceed 10 feet in height.
3. Provide photocells for on/off control of all security and area lights.
4. All exterior security lights shall be equipped with vandal resistant covers.
5. Wall packs shall not extend above the roof of the building.
6. Lights shall have shields to prevent glare onto adjacent residential properties.

24. Parking spaces shall be maintained at all times to allow for the parking of automobiles. No fee shall be charged for parking.
25. Each unit shall be assigned one parking space. All other spaces shall be available for guests or additional resident vehicles.
26. Unenclosed storage of any vehicle longer than 18-feet intended for recreation purposes shall be prohibited on the premises.

24. Continue dialogue with staff about the placement of the underground garage gate.
25. Bicycle parking must be provided in accordance with VTA guidelines.
26. Include large species trees in the landscape plan where feasible.

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