2002-0612 – City of Sunnyvale: To amend Sunnyvale Municipal Code sections 19.28.050 and 19.28.100(c) and amend the Downtown Specific Plan to allow Low-Medium Density Residential (up to 14 du/acre) for specified properties on the 300 block of E. Washington and E. McKinley Avenues where Medium Density Residential is currently permitted. (Program Environmental Impact Report was certified on 06/17/03) DO (Also to City Council on 06/15/04)

Diana O’Dell, Project Planner, presented the staff report.  She noted that the objective of the study was to achieve consistency and compatibility with the existing neighborhood and plan. She provided the history of the study.  She noted that she spoke with two members of the public; one prefers to keep the existing density and the other desires a change of density.  She reported that staff does not believe that the lowered density would reduce the impacts associated with residential developments as the change is so small that it would not make a substantial difference in the neighborhood.  Further, she added that the proposed density reduction would result in a 9 non-conforming properties of the 17 affected properties.  The change may limit the ability of future property in obtaining loans and that the non-conformity could inhibit future reinvestments in property. Staff was unable to make the required Findings and recommended not to adopt the proposed Resolution and not to introduce an Ordinance to amend the Sunnyvale Municipal Code and the Downtown Specific Plan.

Comm. Hungerford commented that during his site visit, he observed that there appears to be a split density of high and low along Washington Avenue.  Staff concurred and that there is a split density.

Chair Babcock opened the public hearing.

Jeff Tong, property owner of one of the affected properties spoke on behalf of his neighbor and himself, that he supports the staff recommendation to keep the existing medium density designation for the following reasons: 1) there is no need for the change, 2) the change becoming legal non-conforming is not just and fair and 3) the change is contrary to the proposed Town Center high density.

Comm. Hungerford asked Mr. Tong if his property is on McKinley Avenue.  Mr. Tong said yes.

Luan Szeto, resident, agreed with Mr. Tong.  He moved to Sunnyvale because his property is a duplex meeting his living style needs.  He expressed his concerns about the future of his property if it became legal non-conforming.  He urged the Commission to keep the existing density.

Al Rowa, resident, asked the Commission whether the proposed change would keep the safety of the neighborhood and whether he could remodel.  Staff responded through the Chair that he would be able to add on to his property.

Chair Babcock closed the public hearing.

Vice Chair Moylan commented that the public testimony supported staff’s recommendation.  He expressed his concerns with making some properties non-conforming.

Comm. Fussell had no further comments.

Comm. Hungerford commented that he was considering a compromise to down zone a portion of Washington Avenue but since there were no proponents, he supported the motion.

Comm. Simons expressed concerns with he potential rezoning and urged the public to be cognizant about the changes.

Chair Babcock supported the motion. 

Ms. Ryan stated that the item will be considered by City Council on June 15, 2004.