EXISTING	PROPOSED	REQUIRED/ PERMITTED
General Plan	CGB Commercial General Business	Same	N/A
El Camino Real Precise Plan	Opportunity Area 3 Primary Use: Class A Office	Opportunity Area 3A Primary Use: Commercial & Retail	With Council Approval of Precise Plan
Zoning District	APN’s: 201-22-009, 010, & 012 C2/PD APN: 201-35-005 PF	C2/ECR	With Council Approval of RZ
Lot Size (s.f.)	Subject Site (four separate Parcels)= 161,737 s.f. 3.71 acres	Same	None
No. of Buildings On-Site	3 (gas station, single family house, detached garage)	Same	---

 

On November 24, 2003, the Planning Commission reviewed this project. Several residents from the adjacent Old Orchard Townhouses gave testimony in support of residential development on the site and a number of specific requests for site design for the future development phases. (See Attachment 16, Letter from the Old Orchard Townhouse Association, Dated November 19, 2003). The Commission had discussion regarding appropriate land use, density issues and development criteria for the site.

 

The Planning Commission approved staff’s recommendation to: 

 

1.  Adopt the Negative Declaration
 

2.  Not change the site’s Commercial General Business General Plan Designation. 

3. Introduce a Resolution to modify primary uses of the Precise Plan for El Camino Real Opportunity Area 3a from Class A Office to a Minimum of 40% Commercial/Retail/Office, Up to 60% Residential; 

4. Direct staff to contact the three remaining property owners owner located in Opportunity Area 3 of the Precise Plan for El Camino Real. and adjacent property owners to study if all of Opportunity Area 3 should be modified and the area to be expanded.

5. Introduce an Ordinance to Rezone from C2/PD to C2/ECR.

The Commission modified two of the three Development Criteria recommended by Staff for Opportunity Area 3a and added two new criteria.

 

Modified Development Criteria

 

1. Allowing reduced front yard setbacks of 15 feet (staff recommends 20-feet)

 

2. Allow minimum density to be consistent with R-3 Zoning. (staff recommends 20 du/acre)

 

New Development Criteria

 

1. Encourage the preservation and retention of existing on-site healthy mature trees with any future development.

 

2. Encourage circulation connections at Tennis Center Lane.

 

Background

 

The 3.71 acre project site is located at the southwest corner of the intersection of South Mathilda Avenue and El Camino Real. Of the 3.71 acres, 2.36 acres are currently in unincorporated Santa Clara County and has a City of Sunnyvale General Plan designation of Commercial General Business (CGB). The remaining 1.35 acres are located within the incorporated boundaries of the City of Sunnyvale and also have a CGB General Plan designation.

 

In October, 1993 the City Council adopted the Precise Plan for El Camino Real. The Precise Plan identifies the entire project site Opportunity Area 3, as well as three of the properties located to the west which include an auto specialty store, a lighting store and an auto sales business. At the time of adoption the City Council adopted the preferred use as Class A Office.

 

On June 25, 2003 the City received a letter from the property owner applicant, Yvonne E. Jacobson (See Attachment 3), requesting consideration of a General Plan Amendment Study (GPA) to allow a Land Use designation change from Commercial General Business to Medium Density Residential (14-27 dwelling units per acre).  On August 12, 2003, the City Council initiated a General Plan Amendment Study and Precise Plan for El Camino Real Amendment Study for a comprehensive review of a range of land uses for the subject site.

 

Site History

 

Prior to 1914 the site may have been used as grazing land or supported wheat crops.

• Between 1914 and 1920 the fruit tree orchard was first planted.
• In the 1950’s the single-family house was originally constructed at the corner parcel and the site remained used for agricultural purposes, (cherry tree orchard). The house was moved to its present location in 1963 or 1964.
• In 1971, the northern corner parcel was developed as a gas station and the southern parcels remained for agricultural purposes and single family home use.
• On October 12, 1993 the Precise Plan for El Camino Real was approved by Resolution, locating the site within Opportunity Area 3 of the Plan and designating “Class A Office” as the primary desirable use.
• Between 1992 and 1996 groundwater extraction was conducted on the site. In June 1997 a Corrective Action Plan for the gas station site outlined the groundwater cleanup objectives. On June 18, 2001 the gas station site received closure for the groundwater clean-up requirements.

On June 25, 2003 the applicant submitted a request to consider a General Plan Amendment Study to consider an amendment to the General Plan for 60% of the southern portion of the site from Commercial General Business to Medium Density Residential.

 

On August 12, 2003 the City Council initiated a General Plan Amendment Study and Precise Plan for El Camino Real Amendment Study for a comprehensive review of a range of land uses for the site.

This report compares and discusses alternative land uses for the site located at the corner of El Camino Real and Mathilda Avenue given the surrounding uses and environment. This site is located at a regionally significant intersection and is a gateway to the downtown. The report discusses the site’s opportunities and constraints for land use and, finally, discusses different land use options for the site:

 

1. General Plan Designation

 

2. Opportunity Area 3 of the Precise Plan for El Camino Real

 

3. Rezoning of Site to C-2/ECR 

 

This application does not include a development project proposal. This application is to determine the appropriate land use designation only. 

 

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 2, Initial Study).

 

Staff has reviewed environmental studies for this site including a soils assessment, a trip generation and site access study and a noise study and determined that the project (modification to the General Plan, Precise Plan and Rezoning) would not create any significant environmental impacts. However this conclusion does not preclude the possibility of further environmental review for future specific development applications.

Site Location & Significance of Site

 

The site is situated at the southwest corner of the regionally significant intersection of El Camino Real and Mathilda Avenue. This intersection is considered the center of the city and one of the gateways to downtown.

 

The subject 3.71-acre site is made up of four separate parcels. Three of the parcels are zoned (or pre-zoned) C-2/PD and are currently occupied by a gas station, a single-family house and an orchard. The fourth parcel is located within a PG&E easement beneath the existing high-voltage transmission lines and is pre-zoned Public Facility (PF). Two large support towers are located within the southeast corner of this parcel. Not including the easements on the site there are approximately 3.6 acres available for development

 

Historical Significance of Site

 

This site has been in ownership by one family for about 90 years. It was originally a part of a larger agricultural site. In the 1950’s a single-family house was constructed at the corner parcel and the site remained used for agricultural purposes; a cherry tree orchard. The house was moved to its present location, the southern portion of the site in 1963 or 1964. In 1971, the northern corner parcel was developed as a gas station and the southern parcels have remained a cherry orchard and single family home. Throughout the past twelve years the property owners with staff have discussed a number of different types of uses for the site including hotel, commercial retail, senior housing, office and residential.

 

Annexation & Williamson Act

 

The cherry orchard and single-family house parcels, 2.36 acres of the 3.71 acre of the site, are currently in unincorporated Santa Clara County and under a Williamson Act contract. The Williamson Act contract is an agreement between a property owner and the local jurisdiction, in this case the County. The property owner agrees to maintain the property in agricultural use in exchange for property tax benefits (the property is assessed at a lower rate). Prior to future development of the site the applicant would need to cancel the Williamson Act contract and annex the property to the City.

 

The General Plan Land Use designation on the site may be changed whether or not the site is annexed to the City. If the site is not annexed, the General Plan designation serves as a preliminary designation providing some guidance as to how the site would likely be designated when the property does annex. This is exactly the role that the current Commercial General Business General Plan designation now serves. In order for the City of Sunnyvale General Plan goals and policies to apply to the project site, the City must assume jurisdiction over the property through annexation.

 

Opportunity Area 3- Precise Plan for El Camino Real

 

In 1993 City Council adopted the Precise Plan for El Camino Real designating this site as a portion of Opportunity Area 3. Opportunity Area 3 also includes three adjacent parcels located along El Camino Real. The primary uses identified for Opportunity Area 3 suggest that all properties be merged for development of Class A office uses. 

 

Site Opportunities and Constraints

 

The site has a combination of both opportunities and constraints due to site location, site size, surrounding uses and adjacent roadways systems. Based on the type of constraints any type of development will be difficult to develop. The following tables summarize the site opportunity and constraints:

 

SITE OPPORTUNITIES
Associated with Site Location ·         Regionally Significant Intersection ·         Gateway to Downtown ·         Corner Location at El Camino Real ·         Significant Frontage along Mathilda   Associated with Surrounding Uses ·         Proximity to public library and Las Palmas Park ·         Proximity to Downtown: a little over a ¼ mile ·         Proximity from nearest bus stop: one city block ·         Proximity to regional commercial services	Associated with Precise Plan for El Camino ·         A part of Opportunity Area 3- increased FAR incentives for merged properties. ·         Located adjacent to significantly sized parcels (Sunnyvale Chevrolet site) controlled by single property owner.
SITE CONSTRAINTS
Associated with Site Size and Shape ·         Site is long and narrow in width ·         The site has a shallow depth which ranges from 150 to 200 feet ·         Shallowness limits depth of setbacks on Mathilda frontage ·         Shallowness of lot limits options for building, landscaping and parking placement ·         Mathilda Avenue curves toward the east creating an asymmetrical parcel frontage ·         Southern PG&E easement and towers   Associated with Site Location ·         There has been a single family home on the site for over 50 years, providing a presumably comfortable living environment. The current context with the surrounding orchard undoubtedly contributes to a desirable setting for the home. Redevelopment of the site would greatly alter this context. The amount of traffic and noise have increased significantly in 50 years contributing to a much less desirable location for single family housing.	Associated with Roadway System ·         Adjacent to high volume speed and traffic from ECR and Mathilda ·         Driveways need to be minimized and shared  to  limit the number of exits and entrances from ECR and Mathilda ·         Noise generated by major roadways   Associated with Precise Plan for El Camino ·         Adjacent property owners are not currently interested in developing their sites.   Associated with Community ·         Some community members have expressed unhappiness over the potential loss of this historical orchard setting. Current plans for the site contemplate development, which entails removal of this orchard. No city funds are available to acquire the property for a permanent orchard. In order to preserve some of the city’s agriculture history the city has two orchards: OPHIE at the Community Center and the three-acre site immediately to the south of the subject property.

 

Surrounding Uses

 

The site is situated at the southwest corner of a regionally significant intersection. The County Courthouse and City Hall Campus are located to the north across West El Camino Real (Public Facility). The site located across South Mathilda Avenue, east of the project site is the Cherry Orchard commercial shopping center (C-2/PD) and four story Cherry Orchard Apartments (R-3/PD) (setback 90 feet from Mathilda Avenue) built in the year 2000. Las Palmas Park and the Sunnyvale Municipal Tennis Center and associated parking lot (Public Facility) are located to the south of the site. Uses to the west of the site include individual retail service stores along El Camino. Directly behind the proposed site is the Sunnyvale Chevrolet dealership site (C2/PD). Additionally, two-story townhomes (R2/PD) are located southwest of the site. (See Attachment 4: General Land Use Map)

 

Objective: To determine the appropriate land use for the project site.

 

Analysis of any amendment to a land use designation will commonly focus on compatibility with surrounding uses and the ability of the surrounding infrastructure to serve the site. With the proposed project an initial study has determined that the site is adequately served by streets, sewer, water and so forth for each of the proposed land use options (described below). Access, internal circulation, building orientation for privacy and noise attenuation, etc. will need to be directly addressed at the development permit phase. The appropriateness of any land use designation for this site should focus on what impacts such use/development may have on the general community, city image and overall land use balance as well as the impact to the specific user of the site (office worker, homeowner, renter or customer). The adoption of a given land use designation will not, in itself, determine exactly what kind of project will be built there but will provide broad policy direction on appropriate land use.

 

On August 12, 2003 the City Council initiated a General Plan Amendment Study and Precise Plan for El Camino Real Amendment Study for a comprehensive review of a range of land uses for the site including the General Plan Amendment proposed by the applicant. Staff has developed five different General Plan Designation options for this site. Fundamentally there are four different land use options for this site:

• Office
• Residential
• Commercial/Retail or
• Mixed Use (any combination of above) 

General Plan Designation Options:

 

Of the 23 Sub-elements of the General Plan there are three sub-elements which directly relate to the proposed project site. These are the Land Use and Transportation Element, Housing and Community Revitalization and Noise Sub-elements. The following summarizes the relationship between the different land use designations and from specific goals, policies and actions statements from the Sub-elements. A list of relevant policies, goals and action statements can be found in Attachment 12 for each land use designation. (See Attachment 12, Relevant Sub-element Policies, Goals and Action Statements for Land Use Designation Options). The following examines five different options for land use designations for the site, including the existing designation and describes how each option is consistent or inconsistent with General Plan Policies.

 

 

Option 1

Existing General Plan Designation

 

The entire site currently has a General Plan Land Use designation of Commercial General Business. This designation permits commercial uses that need exposure to high volumes of traffic or access to transit corridors. Most of the land in Sunnyvale that is designated for General Business is located along both sides of El Camino Real. Restaurants, stores motels, entertainment, auto dealerships, and auto sales are typical examples of uses along the El Camino Real corridor. (See Attachment 6: Map of Option 1: Existing General Plan 100% Commercial General Business)

 

The Precise Plan for El Camino Real guides development along this corridor. The Plan notes that “The General Plan land use designations of Office and General Business, which is the designation of the rest of El Camino Real, are both under the broad category of ‘commercial land use’ and therefore compatible with each other.” The Precise Plan promotes a land use designation of commercial. This designation allows the entire cross section of primary uses permitted by the Plan, including office and retail commercial.  Policy 2.1A3b notes that within the General Business designation. “Residential uses may also be permitted within this use category”. Thus, commercial, residential or office development is possible under this General Plan Land Use Designation.

 

The current General Plan designation, General Commercial and the Precise Plan for El Camino Real designate this site as a part of Opportunity Area 3 which calls for the primary land use of Class A Office. Class A Office provides a sufficient buffer and protection for adjacent and nearby residential uses while providing a high intensity use at a highly visible intersection and gateway to the Downtown. 

 

The General Commercial land use designation for 100% of the site supports this policy since the project site is adjacent to high volume traffic and a transit accessible corridor. Development of a commercial or office project would likely benefit from this highly traveled location.

                                                     

Option 2-4:

Two Distinctive Land Uses

 

The project site could be divided into two distinctive land uses by dividing the land into two different parcels; the southern portion of the site as a Residential Land Use Designation (60% of site) and the northern corner portion of the site to remain Commercial General Business Land Use (40% of the site). Option 2, 3 and 4 describe different residential densities which could be applied to the residential land use; low medium, medium, and high. The applicant has requested a consideration of a General Plan Amendment to allow Medium Residential Density on 60% of the project site (southern portion).   (See Attachment 7: Map of Option 2,3,4: 60% Residential and 40% Commercial)

 

Option 2: 60% Residential Low Medium (7-14 dwelling units per acre)

Lot Size	Use	# of Units	Density	S. F.	Lot Coverage	FAR
94,089 s.f. (2.16 ac)	R2 Low Medium	15-30**	1 unit/ 3,600 sf.	N/A	N/A	N/A
62,726 s.f. (1.44 ac)	Retail/ Commercial Located at Corner Parcel	N/A	N/A	20,000 s.f.	32%	32%

 

Option 3: 60% Residential Medium (14-27 dwelling units per acre)

Lot Size	Use	# of Units	Density	S. F.	Lot Coverage	FAR