Shaded items are related to deviations from the code.

The Planning Commission reviewed the revised application on May 12, 2003 and unanimously recommended approval of the Special Development Permit and Tentative Map.

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

The project has two integral features in its design: preservation of the existing street trees, and rear loaded garages. Most of the existing mature street trees are to be preserved and by doing so the applicant will be able to create a pleasant streetscape that is accentuated by the individual architectural styling of the homes. The keys to creating such stylings are the front porches and rear loaded garages that allow a home to be moved slightly closer to the street and contribute positively to the streetscape.

Staff finds the applicant has addressed the concerns of staff and the City Council with the revised application. The number of units have been reduced from 35 to 34, a third floor plan has been included, the overall size of all units has been reduced, and setbacks have been increased between buildings. Although deviations are prevalent in the design, they have generally either been reduced in their degree from the prior application or are essential to enhance the character of the proposed design.

A Mitigated Negative Declaration was prepared in compliance with the California Environmental Quality Act provisions and City Guidelines. An acoustical assessment was conducted to address noise impacts of the residential units closest to Mary Avenue. The results were incorporated into a mitigated negative declaration that was adopted by the City Council at the March 24, 2003 public hearing.

A study was undertaken to determine sanitary sewer capacity in accordance with a preliminary study that was completed by CH2MHill in 2002. The study determined adequate capacity exists for the proposed development.

Streets: The project site is bounded on the east by Mary Avenue, on the south by Iowa Avenue and partially bounded on the north by Polk Avenue.

Nearby Uses: The local neighborhood is characterized by multiple family residential to the south (across Iowa Avenue), and detached single-family residential to the west, north and east (across Mary Avenue).

Use: The detached single-family homes proposed for this project are consistent with the uses allowed under the R-2/PD zoning district. The proposed project is at 11.3 du/acre, meeting the Housing and Community Revitalization Sub-element goal of providing 75% of the maximum density allowed within the underlying zone.

Site Layout: The project will incorporate 34 single-family homes on lots ranging in size from approximately 2,600 to 4,200 sq. ft. in area. A critical element of the layout for each lot will be the incorporation of an access/maintenance easement along the side of the adjoining lots. This allows the use of the entire side yard area by the homeowner. The strategy allows for a larger, useable yard area much like a "zero lot line" design. The easement strategy is proposed in this case as it allows greater flexibility in wall design along the side yard area.

Access- The site utilizes a private means of access in the form of an interior street to reach the individual garages for all 34 homes. This design (somewhat like an alley) moves the garages behind the homes out of view of surrounding public streets. The fronts of the homes face the adjoining public street and provide pedestrian access (the front door) to the street. This design also improves the appearance of the development along the public streets since there are not large expanses of garage doors facing the street. The absence of curb cuts benefits the neighborhood by increasing the available on-street parking. The homes would be addressed off of the existing public streets.

The proposed design results in a narrow, private street environment behind the homes creating a somewhat isolated area that may be perceived as less secure than a typical public street. The applicant has taken care to address the issue by redesigning the rear façade of the homes to incorporate second story windows allowing for some passive surveillance of the interior street. Lighting amenities are also to be provided.

Parking- Due to constraints of the project site configuration, the interior street design does not meet current parking standards for typical single-family vehicle parking, which for this project totals 136 spaces. Single-family detached homes require two covered spaces and two uncovered spaces per unit. The uncovered spaces are located on the driveway approach to the garage in typical single-family development. Twelve of the lots are severely deficient in depth and cannot provide standard uncovered parking.

Three parking zones, totaling 21 spaces, are provided to address the issue. The total arrangement of conventional parking spaces is 133. The applicant would then need a deviation of three parking spaces for the proposed plan. To address the deviation the applicant has proposed that the driveway to the garages could be utilized as a parallel parking spaces to satisfy the parking needs of the homes.

Tandem parking has been utilized in the past for housing projects by stacking the parking spaces two deep. In practice the parallel arrangement would not be much different; it may in fact not deter someone from using their garage as intended for the parking of cars the way two-deep tandem parking does. The one parallel space would block complete ingress or egress from the home, thereby not allowing any use of the garage for parking.

The deviation in either number or orientation of the overall parking scheme may be found to be an acceptable solution to the problem with the inclusion of landscaping, pedestrian connections, and appropriate lighting. Although on-street parking is not counted towards total required spaces, the lack of driveway cuts does provide additional capacity and may be considered as a justification for the lack of three required parking spaces. Staff would support the deviation of three parking spaces based on the justification of the preservation of on-street spaces to support the homeowners and their guests. The driveway parallel parking arrangement is not encouraged by Staff and has not been utilized as a justification for the deviation.

The alternative to deficient parking would require an increase in the number of most narrow homes along Iowa and a manipulation of the proposed lot lines to adjust for the needed additional 10 feet to accommodate the parking. Such an arrangement may not be possible and the project would then most likely need to drop a unit along Iowa Avenue to reduce the parking demand and to provide space for the parking stalls.

Setbacks- The most extensive deviations are related to setbacks. Some of the deviations are essential for the appropriate development of the site.

• Front yard
• Rear yard
• 1^st story side yard
• 2^nd story side yard
• Sight Vision Triangle

The front yard setback for each home is generally 15 feet for both the 1^st and 2^nd story, with some small exceptions where the setback is 13 feet. The rear-loaded garages remove the need for parking in front of the home and provide separation from the street. Quality architecture adjoining a reduced front yard is necessary to support compatibility with the neighborhood in conjunction with reduced front yards. Staff finds this deviation to be appropriate for the type of proposed development, including the architecture, and that it helps ensure a more lively and interesting streetscape than otherwise could be accomplished.

The rear yard setback is a unique situation because of the interior street. The garages encroach as close as nine feet to the rear property line. The standard setback of 20 feet for two stories in the rear yard may not be necessary. Generally, the rear yard provides usable open space and a sense of privacy from neighbors. Individuals may not desire a large backyard depending on personal preferences, but most likely will desire some separation from their neighbor for privacy. When comparing the overall rear yard setback between two units there is a minimum of 49 feet between units. Standard minimum setbacks would only require 40 feet. Staff finds this setback deviation to be acceptable in providing a sense of separation and privacy while allowing for innovative development.

The applicant has addressed the concern of side yard setbacks and its corresponding use as open space. Staff has worked with the applicant to provide a workable solution for providing an attractive development with functional open space. Staff supports the use of the concept of distance between buildings rather than traditional setbacks to property lines for proposed project. The applicant has provided a minimum of 10 feet between the first story of each building that includes a minimum of 12 feet toward the rear of the home. A second story setback of has been incorporated by providing 15 feet between buildings.

The applicant has also made efforts to satisfy the small lot development guideline of having 15 feet from a second story to a property line of abutting developed property. An average of 13 feet is provided to address this guideline. The perimeter property one story property line setback is proposed at a minimum of 7.5 feet. The minimum side yard setback is 4 feet and the guideline calls for the 8 foot standard to be applied in such situations of abutting developed property.

Deviations to the total side yard of both the first and second stories, 12 and 18 feet respectively, are still necessary for a majority of the lots. To a degree, deviations from the prior application have lessened do the reduced length of area that encroaches and the increased width of the yard itself. The applicant has provided architectural enhancements and interest to offset the encroachment. Staff supports the deviation to the internal total side yard setback and believes the applicant has adequately addressed prior concerns with the project in terms of providing open space, design details, and reduction in apparent bulk.

Lot Size- The R-2 zoning district has a minimum lot size of 8,000 sq. ft. The per unit lot area standard is lower at 3,600 sq. ft. per unit. A deviation is necessary for the development, but the deviation is consistent with both the density standard and past Sunnyvale practice of providing for small lot development within an R-2/PD zoning district.

Sight Vision Triangle Front Yard- The intersections of the interior street with Iowa Avenue and then Iowa Avenue with Mary Avenue create sight vision triangles. The applicant has addressed the most critical location of Iowa and Mary Avenue intersection by placing the home towards the north property line and back towards the interior street. For public safety reasons, this vision triangle setback and restriction on height of objects over three feet shall be maintained. The other house encroachments linked to the interior street have been deemed acceptable by the Public Works Transportation Division as the approach is similar to that of a driveway with the relatively low speed of vehicles. Staff finds there is an acceptable level of encroachment that does not impair the safety of the traveling public and is in support of the innovative site design.

Floor Area Ratio (FAR)- This standard is related to the site layout by establishing a dependency on lot size to control the dimensions of a structure. FAR is a measurement of land use intensity and comparative bulkiness of a structure or use. The application is consistent with the City Council's action that limits overall FAR of the 3 acre site to 55%. The limit does allow for variable individual lot FAR. In addition, the zoning of the site R-2/PD does not have a strict FAR limitation as the prior proposed R1.7/PD. No deviation is necessary for the support of the project. FAR is to be viewed in the sense of design review as normally applied throughout Sunnyvale residential developments.

The applicant has proposed individual FAR as high as 77% for the smallest lots. The applicant has reduced the FAR of all proposed homes and provided a smaller version of the home in the form of a third plan. In terms of neighborhood compatibility and project livability, rather than as a deviation to individual FAR standards, Staff finds that the reduction in unit size coupled with the increased setbacks and articulation of the homes has addressed prior concerns of providing adequate open space, blending into the neighborhood, and the cumulative effect of all deviations on "light and air" for the project.

Lot Coverage- Lot coverage is another measurement of land use intensity. All residential zoning districts restrict lot coverage to 40%. The applicant has proposed lot coverage ranging from 30.3 to 48.8% with a median of 42.6%. The project has 30 of the 34 units exceeding 40% lot coverage. The same discussion pertinent to the FAR is applicable to this deviation. The increased setbacks and design details have soften the effect of the increased lot coverage.

Landscaping/Usable Open Space- While personal preferences will dictate the type of home and land that is desirable, Sunnyvale has committed to providing certain levels of amenities to all development that reinforce community values. Sunnyvale has prescribed open space and landscaping requirements for all development. R-2 development, regardless of use, requires usable open space at a minimum of 500 sq. ft. per unit. A deviation for a portion of the open space is requested by the applicant. Within the required 500 sq. ft. a dimension of 12 feet and a minimum area of 200 sq. ft. s required to be counted towards the requirement.

The typical lot in this project has a minimum of 12 feet and 240 sq. ft. for a portion of each side yard; some homes have more space. The remaining side yard area between the homes is 10 or 11 feet wide and totals a minimum of 360- 400 sq. ft. bringing the total open space for the units to a minimum of 600 sq. ft. The three perimeter lots do not have the room to allow for the requisite widths for open space. An average of 8 feet is provided where 12 is required. This is a substantial deviation for the individual lots but is less so when reviewing the project as a whole. Minor adjustments to the project may potentially increase the viability of the open space.

As stated earlier, the applicant has provided an easement tool to allow use of the smaller yards that cross property lines by one homeowner, rather than sharing half of the yard for each home. Because of inherit size issues attributable to small lots, some degree of internal side-yard deviation may be necessary for design and marketability of the home. It is unclear if changing the floor plans would result in increased area, the other option would be to reduce the number of homes. A finding in support of the deviation request to width of open space and aggregate area can potentially be made. The applicant has addressed these concerns from the prior application and has provided for a more open feel to the area through the revised architecture, specifically opening up the 2^nd floor with the increased building to building setback.

Architecture: The homes have modern floor plans with somewhat traditional architectural elements. The homes consist of semi-prominent front porches with and a variety of front treatments. Each floor plan has different architectural details to create variety along the street. Staff feels that the proposed residential architecture is generally of high quality and meets the design standards for the City. The variety of front elevations is intended to provide visual interest.

Three different floor plans are proposed for the homes. The three homes represent different sizes of homes ranging from 2000-2225 sq. ft. including the garages. The houses are set on raised foundation and range in height between 25 – 28 feet. All plans entail the use of a porch type entry feature. The front porches are located 13 - 15 ft. back from the edge of the sidewalk and maintain a functional minimum dimension of 6 feet. The front façade's second story is then stepped back from the first story. Side setbacks (1^st and 2^nd story) are a minimum of 5 ft. on both sides, equaling 10 ft. between buildings. The architectural relief along the building sides provides areas of 10 - 12 feet between buildings for the 1^st story.

The applicant has modified the side elevation of the homes. The 2^nd story is now recessed back on one side of the home providing for 15 feet between buildings. There are various window treatments and enhancements provided on side and rear walls of the plans. In regards to privacy issues, most window placements correspond to stairwell locations in the homes. Staff believes the window placements are appropriate to both privacy concerns and for adequate outside lighting access to the homes.

The current house designs are similar in style to the previous design, but include an additional plan for a total of 3 house types. The three elevations are similar in their treatments of windows and facades for each floor plan. The applicant has designated on the site plan the location of each type of house, final home selection and details will be approved by staff prior to the issuance of building permits. The large number of elevations will provide a mixture of homes along all street fronts and will add to the interest of the streetscape.

The lots are as narrow as 33 feet for the smallest range of lots. Floor plan 3 is the narrowest house of the three plans. Great care shall be given to implementing the house designs of the project due to the narrowness of the lots and homes. Particular attention should be given to the review of plan 3 due to the lot size constraints. The proportions of buildings can become muddled and diminish the character of the homes.

The applicant has provided an enhanced streetscape along Mary Avenue to soften the traffic impacts on the development. A decorative three-foot fence and ornamental pilasters are provided at the property line. These features denote the end of the public space and a beginning of the private space. This approach helps maintain a sense of personal space at the reduced setbacks.

The following Guidelines and General Plan provisions were considered in analysis of the project design and architecture.

General:

The applicant intends to subdivide the two existing lots into 34 individual lots and 1 common lot. The common lot will contain the interior street and parking zones. The lot size ranges from 2,608 sq. ft to 4,160 sq. ft. The majority of the lots are 33 feet wide, with the lots situated along Mary Avenue being 35 ft to 46 ft. in width.

Access: The houses will be oriented towards the various public streets with front door pedestrian access. All vehicle access will utilize the interior street to reach the rear-loaded garages. The assorted parking zones are also accessed via the interior street. Such an arrangement allows all vehicle access for the interior street to occur at two separate driveway entrances onto Iowa Avenue. This configuration of vehicle access also has limited the curb cuts onto the streets and protects most of the existing mature street trees. The interior street is between 22 and 24 feet in width. The dimensions comply with access standards of the Department of Public Safety.

Right of Way: All of the right-of-way abutting the site is fully improved with street sections and sidewalks. Although Iowa Avenue is improved to city standards, it has not been dedicated to the City and a condition of approval requiring dedication is included in the report. The interior street and parking zones will not be dedicated to the public and will remain as privately controlled and maintained space.

Easements: Various easements are to be recorded in conjunction with the tentative map. As mentioned earlier, the applicant proposes a mutual access easement between two individual property's to maximize the use of side yards. The easement will benefit one property owner for the general use and occupancy of the space and allow for the other party to use the easement to access their own home for maintenance purposes. This easement will only be in affect between two homes and provide for exclusive rights between these two property owners. The project will provide standard Public Utility Easements to provide necessary services. An access and maintenance easement will be granted to the city for any service needs related to the sanitary sewer system. A common ingress/egress easement will be incorporated into the interior street layout.

Undergrounding: There are existing overhead utility lines. Sunnyvale Municipal Code section 19.38.090 requires that these and all new utility lines and service drops be undergrounded prior to building permit final.

The proposal has several deviations incorporated into the design of the site.

As staff stated earlier, some degree of deviation may be necessary to support innovative site design. In some situations the deviations not only support the design, but enhance the project as a whole (i.e. front yard setback to enhance the streetscape). Staff's concerns about the degree of the deviations has been mollified, for the most part, with the revised plans. The minimum open space requirements and parking are of some concern, but as discussed above justifications have been made for the deviations and the project as whole.

The proposed project will have a temporary impact on the surrounding uses as part of the construction. The long term impacts such as noise and traffic are expected to be minimal. The concept of rear access garages and a transitional density above current R-0 levels is compatible with the neighborhood. The applicant has made efforts to mesh the proposed project's density and bulk with the existing predominantly one-story neighborhood. The increased home variety and architectural detail as well as increased perimeter setbacks accomplish this goal. As with any new project parking is of concern to the neighborhood. The applicant has provided 133 of 136 required parking spaces in a non-standard combination of on-site and common parking areas within the project. The project retains a most of the on street parking that currently exists and is expected to offset the lack of three required guest parking spaces.

There has been an ongoing dialogue between the applicant and staff about the appropriate development for this site and potential changes to the proposal. The proposal has merit as an innovative site design with detailed single-family home architecture and streetscape elements. The applicant has addressed the concerns of City Council and Staff in the design and layout of the project. A high number of deviations do exist within the project, but for the most part they add to the character of the project and are positive supportive elements.

Staff is recommends approval of Special Development Permit and Tentative Map based on the conditions included herein.

• General Plan Goals are located in Attachment 1.

Fiscal impacts are the normally expected fees and taxes.

1. Approve the Special Development Permit and Tentative Map with conditions.
2. Approve the Special Development Permit and Tentative Map with modified conditions.
3. Deny the request for approval of the Special Development Permit and Tentative Map.

Alternative 1

Attachments:

• GOAL C1 Preserve and enhance an attractive community, with a positive image and a sense of place, that consists of distinctive neighborhoods, pockets of interest, and human-scale development.
• Action Statement C1.2.2 Encourage development of diversified building forms and intensities

• Action Statement C2.3.2 Promote and preserve single-family detached housing where appropriate and in existing single-family neighborhoods.
• 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 N1.4.1 Require infill development to complement the character of the residential neighborhood.

• Action Statement N1.4.5 Require amenities with new development that serve the needs of residents.

• Policy C1.1 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.
• Policy E.1 Continue to require a mix in the price of housing units in new subdivisions and apartment complexes as a way of distributing low and moderate cost housing throughout the city.

• Goal B Create an attractive street environment which will compliment private and public properties and be comfortable for residents and visitors.

• Policy C.3 Ensure that site design creates places which are well organized, attractive, efficient, and safe.

• Policy C.4 Encourage quality architectural design which improves the City's identity, inspires creativity, and heightens individual as well as cultural identity.

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; or
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 revised application has incorporated housing size variations, addressed compatibility within neighborhood of bulk and setbacks, provided usable open space, and BMR units for affordability. Such elements of the innovative design are deemed to be consistent with a objectives of the purposes of the General Plan as discussed throughout the report.

The approving authority shall deny the Tentative Map if it makes any of the following findings:

Staff is able to make the findings that the Tentative Map, with the conditions of approval, is in conformance with the Sunnyvale Municipal Code and recommends approval of the map as attached.

Return to Attachments

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.

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. Except as modified below, the project shall be in substantial conformance to the approved plans. The Director of Community Development may approve minor changes, major changes may be approved at a public hearing by the City Council.
5. Lot 1 shall be developed to comply within the required sight vision triangle of the Iowa and Mary Avenue intersection.
6. Individual site and architectural details and features are to be reviewed and approved by staff prior to approval of building permits.
7. Specific deviations from the R-2 Zoning District are allowed with this Special Development Permit as follows:

1. Front yard setbacks of 15 feet with encroachments for porches per approved plans.
2. 1^st story side-yard setbacks of 5 feet to property line, allowing 10 feet between buildings.
3. 2^nd story side-yard distance between buildings of 15 feet.
4. Rear yard setbacks of 9 feet.
5. Uncovered parking paved dimension of 8.5x16 foot to replace 8.5 x 20-foot standard uncovered on-site parking. (see condition #29)
6. Uncovered parking location and total spaces as denoted on the site plan.
7. Interior street sight vision triangle encroachments for Lots 1, 24, 25, 26, 34.
8. Lot sizes below the minimum of 8000 sq. ft. per the approved plan.
9. Minimum dimension for open space of 10 feet, excepting lots 6,20, and 21.
10. Lot coverage shall be in accordance with the approved plans.

8. All existing boundary lines and proposed overhead service drops shall be undergrounded from the building to the nearest off-site pole prior to occupancy.
9. 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.
10. 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.
11. The development of the site is subject to Stormwater Pollution Prevention's Best Management Practices (BMPs) and shall be incorporated into its design to the extent feasible.
12. Prior to the issuance of a grading permit, a "Blueprint for a Clean Bay" shall be submitted and approved by the City.

MITIGATION MEASURES

13. In addition to complying with applicable City Codes, Ordinances, and Resolutions, the following mitigation measures are incorporated into the project to minimize the identified potential environmental impacts:

What and where: Install sound-rated windows to achieve 45dB or less and include mechanical ventilation systems for the first row of dwelling units along Mary Avenue.

How: Indicate each home and show details of both window and mechanical ventilation systems on the building permit plans.

When: Prior to building permit final.

Who: The City will require this to be indicated on the building permit plans prior to issuance.

BUILDING DESIGN

14. All exterior architectural details that are included in the residential home plans reviewed by the Planning Commission and City Council shall be included in the final building plans.
15. Final exterior building materials and color scheme are subject to review and approval of the Director of Community Development prior to issuance of a building permit.
16. The homes final elevations shall be substantial conformance with the proposed maximum height of 28 feet in height to the top of the roof, including the foundation, as measured from the abutting top of curb.

LANDSCAPING AND SITE PLANS

17. Landscape and irrigation plans shall be submitted for 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: (see next page)

1. A tree protection plan shall be submitted for any existing trees on the site or adjacent right-of-way. Where possible, trees shall be protected and saved. Provide an inventory and valuation of any trees proposed to be removed prior to issuance of building permits.
2. Any protected trees, (as defined in SMC Section 19.94) approved for removal, shall be replaced with a specimen tree as approved by staff.
3. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration, and minimize the use of fertilizers and pesticides that can contribute to water pollution.
4. Where feasible, landscaping shall be designed and operated to treat stormwater runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.
5. Pest-resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscaped area.
6. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible.
7. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
8. All areas not required for parking, driveways or structures shall be landscaped.

18. Fencing design and colors shall be approved 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.
19. Submit details and specifications of all exterior lighting to be used on each house or in the front yards 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 be of pedestrian scale and not be greater than 8 feet in height on the periphery of the project.
3. Provide photocells for on/off control of all security and area lights.
4. Lights shall have shields to prevent glare onto adjacent residential properties.

20. Submit a decorative paving plan for the driveways and the interior street, indicating details of materials, patterns, and colors for review and approval by the Director of Community Development
21. Lots 1,2,3,4,5, and 6 shall not have vehicular access to Mary Avenue.
22. Pedestrian access easement shall be provided across the walkway on Lots 7,8,9.
23. Easements shall be provided for access to private water meters and lines.

PARKING/ACCESS

24. An easement for emergency access shall be granted to the city over the entire area of the interior street.
25. Garages shall be maintained at all times to allow for the parking of two automobiles.
26. Guest parking spaces shall be labeled "Guest Parking."
27. The interior street shall be so marked as "No Parking."
28. Unenclosed storage of any vehicle longer than 18 feet intended for recreation purposes shall be prohibited on the premises.
29. All offsite-parking spaces shall be a minimum of 16 feet in depth. Spaces below 18 feet in depth shall provide a 4-foot landscaped area to allow 2 feet of overhang of the vehicle.
30. Pedestrian path connecting the north parking zone to Polk Avenue shall be a minimum of six feet in width to accommodate two feet of parking overhang.

BELOW MARKET RATE UNITS

31. The project will provide a total of three for purchase below market rate units. Sales prices will be determined by the Director of Community Development at the time of building permit.
32. Prior to the issuance of an occupancy permit for any part or phase of the development, developer shall execute and record certain "Resale Controls" in a form approved by the City Attorney which shall affect title to the designated BMR units (3 units). Such resale controls shall be designed and intended to bind successors in interest, running with the land for the period of 30 years from the date of recordation thereof. Receipt by the Director of Community Development or his designee of proof of recordation of the resale controls shall be a condition precedent to issuance of a permit to occupy the development.
33. Conditions applying to the ownership units:

34. In the event that any BMR unit or portion thereof is destroyed by fire or other cause, all insurance proceeds there from 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.

Conditions of Approval - Tentative Map

A. PLANNING DIVISION

35. The Tentative Map shall be valid for a period of two years, measured from the date of approval by the final review authority.
36. A Final Map must be reviewed and approved prior to issuance of the building permit.
37. The Tentative Map shall be applicable only in conjunction with a valid Special Development Permit.
38. At the expense of the subdivider, City forces shall install street trees as required by the Public Works Department.
39. The "In-Lieu Park Dedication Fee" shall be paid in accordance with MCS 18.10. (currently $6,105.21/unit) prior to issuance of Final Map.
40. 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.
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, interior street, and utility connections.
6. Alterations to drainage facilities and or flow patterns of individual lots is prohibited without the approval of the City of Sunnyvale.

41. The private interior street and parking areas shall be designated as a letter lot on the Tract Map.
42. The Tract Map shall provide for adequate dedications for public use as determined by the Public Works Department.
43. All easements intended for public or private use shall be so indicated on the Tract Map.
44. Connect to all City utilities or private utilities operating under a City franchise that provides adequate levels of service.
45. Obtain Public Works approval of plans for utility line extensions, utility connections, meter locations, driveways, sidewalks, etc.
46. The sanitary sewer lines located within the private interior street and serve 2 or more homes shall be designated as part of the public sewer system with appropriate maintenance and access easements as approved by the Department of Public Works.
47. Individual water services and meters shall be provided to each lot, including lots 7, 8, and 9.
48. The fire and domestic water systems shall be privately owned and maintained beyond the meter.
49. 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.
50. Construct all public improvements to the satisfaction of the Public Works Department prior to occupancy, including but not limited to the following:

1. Realignment of the curb and gutter and the sidewalk of Polk Avenue
2. Handicap ramps at the two entryways located on Iowa Avenue.
3. Unused driveway approaches shall be converted to curb and gutter and sidewalk.

51. 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).
52. The developer shall execute a Subdivision Agreement and post labor/material bond and faithful performance bonds for the full cost of all public improvements prior to recording the final map (MCS 12.08.020).
53. Dedicate public utility easements at lot frontages as required by the utility companies.
54. Stormwater discharge calculations shall be submitted to the PWD to certify proper design.
55. The project shall provide funding for the installation of street trees as required by the Department of Public Works.