ANALYSIS

Background

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

A proposal for 13 single-family homes (including one Below Market Rate unit) at the same site was reviewed at a Planning Commission study session on September 8^th of this year. At that meeting, the Planning Commission commented on the following issues related to the project: parking, density, setbacks and size of the units (See Attachment #5 - 13 single-family unit plan).  

Staff had some concerns with the number of deviations that had been requested and the style of the units. The previous plan for 13 single-family homes included landscape and parking easements for most of the units.  The proposal also included tandem style garages in an effort to meet parking requirements (dimensional and size requirements were not met).  Setback deviations were requested with this earlier proposal and homes were proposed to be located close to the neighboring development.  

The applicant met with the neighboring Sunset Oaks Townhouse residents on multiple occasions to present the single-family proposal for the site. Due to the various concerns from the residents and numerous requested deviations, the project has since been altered to feature seventeen attached townhouses.  (See “Public Contact” section of the report)  The latest proposal has requested fewer deviations from Sunnyvale Municipal Code.  Although the density of the project has increased, this proposal has increased setbacks, landscaping/open space per unit and decreased the size of the units.  The proposal also meets parking requirements for townhouses.

On October 13, the Planning Commission reviewed the proposal for the 17 townhouses and voted 6-1 to approve the project with minor modifications to the Conditions of Approval.  The minutes of the Planning Commission can be found in Attachment #10.  Neighbors from the adjacent Sunset Oaks townhouse spoke at the public hearing to voice their concerns with the current proposal. An appeal of the decision by the Planning Commission was filed on the 28^th of October.  Two letters have been filed and are included in Attachment #9. 

Description of Proposed Project

The project proposes the construction of 17 attached townhouses on a vacant lot.   The existing lot is Zoned R-2/PD (Low-Medium Density Residential / Planned Development).  The units will be located within five buildings that are two stories in height.  There are two different unit styles; each with three bedrooms.  A private street will extend the length of the site providing access to private garages for each unit.  Unassigned parking will be located at various locations on the site.  Each unit will include a front porch and private backyard area. Since the Planning Commission Study Session, the applicant has redesigned the site to accommodate the need to reduce deviations such as  increased setbacks, parking, landscaping and useable open space.

Environmental Review

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). 

Special Development Permit

Use: The proposed use is for multi-family residential.  Seventeen attached townhouses are proposed within the 1.17-acre site. The proposed density is 14.5 du/acre.  The zoning of the site allows up to 14 du/acre with a 15% + 1 density bonus for the provision of two BMR units. The Land Use and Transportation Element allows up to 12 du/acre, however state law allows a  city to exceed general plan densities in connection with the provision for affordable housing.  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 Zoning Code allows a density bonus if a project complies with all other provisions of Title 19.  The base project is requesting deviations from a few applicable zoning provisions. 

Site Layout: The proposed site was part of a larger parcel that was subdivided in April of this year.  The smaller lot, which contains a well, will remain unaffected by the development.  The applicant proposes to construct five two-story buildings on the site (See Site Plan in Attachment #4). A two-way private street runs through the middle of the proposed development with a vehicular turnaround situated at the south end of the site.  A walkway along the private street provides access for pedestrians to Crescent Avenue. 

A proposal for single-family homes was originally designed with numerous setback deviations (See Attachment #7 for a breakdown of each lot). The current proposal has increased setbacks in many of these locations on the site; however, certain setback deviations remain. Each unit does not meet the required front yard setback.  The average front yard setback is 14.5 feet where 20 feet is required. The required rear yard setback for properties in the R-2 Zoning District is 20 feet.   Lots 1 and 2 are located closer to the rear property line at 10 feet.  This is not considered a deviation as a 10-foot encroachment is permitted, provided that no more than 25% of the rear yard is covered.  A portion of these two homes is set back 16 feet 8 inches. The second story is set back from the rear property line at approximately 10 feet.   Lots 3 through 9 will include a rear setback of 21 feet, with portions setback at 23 feet.  Lots 10 through 17 will maintain a 19 -foot rear yard setback.  However portions of these homes are setback 21 feet. Therefore an average of 20 feet is maintained.

Setbacks based on each building (ft.):

The original proposal requested smaller rear yards for most of these homes.  Due to the proximity of the adjacent Sunset Oaks development, staff is more supportive of the revised site design that allows the proposed buildings to be located farther away from the existing townhouses.  Some of the adjacent townhouses east of the site are located as close four feet from the property line.

When reviewing attached townhouses, side setbacks are determined by the proximity of the entire building to the property lines. Properties located in the R-2 Zoning District require a twelve foot combined setback (minimum of four on one side).  As noted in the Data Chart and Site Plan of this report, each of the five buildings meets this requirement.  

Along with first-story front yard setbacks, second-story setbacks are not met at this location. (See Data Sheet). In general, staff is more supportive of a design that includes increased setbacks for two-story homes; however, staff feels the proposed design adequately incorporates visual interest and variation within the second story of the structures.