April 6, 2004

 

SUBJECT:

2002-0929 – Appeal of a decision by the Planning Commission approving related proposals for a 5,250 square foot site located at 1090 Essex Avenue in an R-0 (Low Density Residential] Zoning District (APN:  110-11-016)

 

Motion

Variance from SMC (Sunnyvale Municipal Code) section 19.34.030 to allow a combined first story side yard setback of 10’6” where 12’ is required and from SMC section 19.34.080 to allow combined two-story side yard setback of 12’ where 18’ is required.

 

Motion:

Design Review to allow a new two-story home for a total of 3,265 square feet resulting in 62% FAR (Floor Area Ratio) where 45% is allowed without a Planning Commission Review.

 

REPORT IN BRIEF

           

Existing Site Conditions

Single Family Home

 


Surrounding Land Uses

North

Single Family Residential

South

Single Family Residential

East

Single Family Residential

West

Single Family Residential

 

Issues

Floor Area Ratio, Setbacks

 

Environmental Status

A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines

Planning Commission Action

Approval of the Design Review and Variance

Staff Recommendation

Deny the Appeal and Support the Planning Commission decision

PROJECT DATA TABLE

 

EXISTING

PROPOSED

REQUIRED/PERMITTED

General Plan

Low Density Residential

Same

---

Zoning District

R-0

Same

---

Lot Size (s.f.)

5,251

Same

6,000 min.

Gross Floor Area (s.f.)

1,596

3,265

No max.

Lot Coverage (%)

30%

38%

40% max.

Floor Area Ratio (FAR)

30%

62%

No max

 

Building Height (ft.)

Approx. 16’

27’11”

30 max.

No. of Stories

1

2

2 max.

Setbacks (facing prop.)

·         Front

25’4”

25’4”

20’ min.

·         Left Side

5’6

5’6

4 min. (12’ combined required)

·         Right Side

5’

5’

4 min. (12’ combined required)

·         Rear

37’7”

26’2”

20 min. (10 ft permitted with 25% encroachment)

·         Front (second story)

N/A

27’4”

25 min.

·         Left Side (second story)

N/A

7”

 7 Min. (18’ combined required).

·         Right Side (second story)

N/A

5’ (portion of home is set back 12’8”

7 min. (18’ combined required)

·         Rear (second story)

N/A

20’6”

20’ min.

Parking

·         Total No. of Spaces

4

Same

4 min.

·         No. of Covered Spaces

2

Same

2 min.

 

- Stars indicate requested Variance from code requirements

 

ANALYSIS

 

Background

 

Previous Actions on the Site:  There are no previous planning applications related to this site.

 

On February 23, 2004, the Planning Commission approved a Design Review and Variance for this property with modifications to staff recommendation with a vote of 5-2.  Staff had recommended approval with reductions to the overall Floor Area Ratio (F.A.R.) from 62% to 56% and a Variance was approved to allow the encroachment into the combined first-story side yard setback. However, the minimum and combined second story side yard setbacks were not recommended by staff nor approved by Planning Commission; they are required to be modified prior to building permits.  The Planning Commission added Condition of Approval #11 to reduce the current six foot front yard fence to a maximum three foot fence. 

 

Description of Proposed Project

 

The proposed project is for a first and second story addition to an existing one story home.  The original application was filed over a year ago and has gone through numerous changes over the months.  More recently, the applicant has indicated that the project should go forward with the approval process.   All proposed additions that exceed 45% Floor Area Ratio must be reviewed by the Planning Commission.

 

Since the advertising of the public hearing for the Planning Commission, the applicant has made some alterations to the proposal in an effort to reduce the floor area ratio to approximately 62%.  The application also includes a Variance from Sunnyvale Municipal Code 19.34.030 and 19.34.080 to allow reduced combined side yards for the first and second story.  The applicant requests a combined 10-foot first-story setback where 12 feet is required. 

 

The applicant has proposed an increase to the setback distance for a portion (right side) of the second story to 12 feet, 8 inches. The overall combined side yard setback remains at 12 feet, as the setback for the vaulted family room area is not proposed to be decreased.  The required combined side yard second-story setback is 18 feet in the R-0 Zoning District.  Additionally,  The minimum side yard of 7 feet would not be met for the second story as 5 feet is requested for a the right side of the addition.

 

Environmental Review

 

A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions, and City guidelines. Class 1 Categorical Exemptions include minor additions to existing facilities.

 

Design Review & Variance

 

Use:  The site is currently developed as a one-story single-family residence. The applicant proposes to add approximately 432 square feet to the first story and add 1,237 square feet for a new second story.  The total floor area of the new home would be 3,265 square feet.

 

Site Layout: The site is located in the north section of town within a small neighborhood situated between two major transportation arterials (Freeways 101 and 237).  The subject site is a substandard lot in terms of lot size (5,251 s.f.) and lot width (50 ft.).  The existing structure currently has a combined side yard setback of 10 feet, 6 inches which does not meet the 12 foot requirement. There are many other homes in the neighborhood that have this pre-existing situation; however, the size of properties may vary from lot to lot and certain homes may have unique setbacks. The proposal requests that the first floor extend 10 feet towards the rear along the same wall that was originally constructed. (See Attachment #3 for more details related to the subject site.) 

 

Floor Plan:  The proposal includes the addition of floor area to the first story including space for a larger kitchen, and office area.  Additionally, the plan indicates a large dining room.  The second floor will contain a master bedroom and four additional bedrooms.  Two new bathrooms would be located on the second floor.   The applicant also proposes a vaulted ceiling area at the front of the home.  This area does not count towards floor area; however, the area is required to meet setbacks. The applicant wishes to extend into the required setback at this portion of the home.  The applicant proposes to attach the existing chimney to this proposed wall. The applicant has worked to reduce the overall floor area ratio from 65% to approximately 62%.  The two-story homes in the neighborhood range from a Floor Area Ratio of 45% to 56%. Staff recommends Condition of Approval #6 which states that a new design shall be submitted that reflects a further reduction to 56%.  This would create a home that is more compatible in size and scale to other residences in the neighborhood.

 

Architecture:  The architecture of the homes is typical of the style of single- family housing that was originally developed in this neighborhood in the 1950’s.  A few modest sized additions in the neighborhood have been built over recent years.  The overall architecture of additions in the neighborhood has remained relatively consistent.  Many of the single story homes consist of a hipped roof design with gable element incorporated with the garage. Second story additions in the neighborhood have utilized a gable and hipped roof elements. A hipped roof will remain along the first-story roof line. The proposed addition will utilize similar materials and color as the original structure.  Wood siding would be utilized along each elevation as noted on the plans in Attachment #3.  Roof material will consist of 50 year dimensional composition as noted in Condition of Approval #8. Bay windows are also proposed for each story at the front of the home.  (See “Elevations” in Attachment #3 for more detail.)

 

Additional modification is recommended by staff in regards to the appearance of the front entryway of the home.  As noted in the Single Family Design Techniques, the entry eaves should not be substantially higher than the first floor eaves. Condition of Approval #7, states that the applicant shall work with staff to redesign the appearance of the front entryway of the home.  

 

The second story setback would provide an additional two feet setback from the first story at the front of the home.  There is no variance required at this location, as the first story already exceeds the twenty foot requirement.   A combined second story setback of 12 feet is proposed along the side yards; however this does not meet the requirement of 18 feet. This requirement is not met only at a portion of the right side (south) of the home.  In an effort to improve the visual aesthetics of the structure, the applicant proposes to extend a part of the vaulted first story section of the home which would attach to the chimney.  Staff feels that further reduction of this vaulted area could accommodate the required setback and provide a more compatible appearance in terms of mass and scale within the neighborhood (Condition of Approval #5). The applicant is also proposing a second story balcony that is cantilevered at the rear of the home.  This area does not count towards floor area but meets setback requirements. The overall height of the home is proposed to reach a maximum peak of 27 feet, 11 inches.

 

In order to mitigate potential privacy concerns, Staff is recommending that the windows be modified to clerestory for the master bedroom and bedrooms #3 & #5, as noted in the floor plan (Condition of Approval #4).  The higher positioned windows will limit possible visual intrusions to the neighboring properties.

 

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


 

Design Policy or Guideline (Architecture)

Comments

3.1 Respect neighborhood home

orientation and setback patterns.

 

The proposed addition is set back from the first floor at certain locations; however, staff feels that further reduction on the proposed second floor addition would improve the overall mass and scale of the structure considerably.  More recent two-story additions in the neighborhood have incorporated a smaller second story with increased setbacks.

3.6C Windows should be placed to

minimize views into the living spaces

and yard spaces near neighboring

homes. When windows are needed

and desired in side building walls,

they should be modest in size and not

directly opposite windows on adjacent

homes.

 

As conditioned, modifications are required to mitigate potential privacy concerns to adjacent properties.  The windows of the “Master Bedroom and “Bedrooms 3 & 5” will be modified to be clerestory. 

 

Landscaping:  The project site meets landscaping standards for properties located in the R-0 Zoning District. The Planning Commission added Condition of Approval #11 to reduce the height of the existing front yard fence to a maximum 3 feet.

 

Parking/Circulation: The site provides the required two covered spaces and two uncovered spaces as required by Sunnyvale Municipal Code 19.46.050. 

Compliance with Development Standards

 

The R-0 Zone does not restrict the Floor Area Ratio (FAR) for a home, but instead utilizes FAR as a threshold that triggers Planning Commission review for homes over 45%.

 

The site meets most standard development requirements with the exception of lot size and side yard setbacks.  The 5,251 square foot property does not meet the required minimum lot size of 6,000 square feet for the R-0 Zoning District. Additionally, the property currently has a non-conforming combined side yard setback of 10 feet, 6 inches where 12 feet is required. As noted in the report, the applicant proposes to extend the nonconforming setback 11’ 5” along the north side of the structure.  Additionally, the applicant proposes a combined two-story setback of 12 feet where 18 feet is required. Staff supports the extension of the first story but cannot make the findings for the encroachment into the side yard for the second story.  The proposed addition complies with the solar access requirements of Sunnyvale Municipal Code Section 19.56.020., as less than 10% of the rooftops of adjacent homes the will be shaded by the new addition. 

 

Expected Impact on the Surroundings

 

The proposed structure is situated in a neighborhood that consists predominantly of one-story homes.  Most of the recent additions in the neighborhood have remained close to the 45% F.A.R with larger additions ranging closer to 56%. The proposed two story addition would be considered amongst the largest homes, in the R-0 Zoning District, of properties located in this part of the City.   Staff recommends that the proposal be reduced to 56% Floor Area Ratio in an effort to be more compatible to other homes in the neighborhood. 

 

Staff believes that reductions in floor area could be made in the following areas of the proposed addition: Reduction of the proposed first-story extension, modify the second floor hallway and reduction to the area of the master bedroom.  The applicant is not limited to those areas, but a reduction in various locations would provide for a large home that is more compatible in scale to neighboring homes and still meets the intentions of the property owner. 

 

Findings, General Plan Goals and Conditions of Approval

 

Staff was able to make the required Findings based on the justifications for the Variance and Design Review.

  • Findings and General Plan Goals are located in Attachment 1.
  • Conditions of Approval are located in Attachment 2.

Fiscal Impact

 

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

 

Public Contact

 

 

Notice of Public Hearing Staff Report Agenda
  • Published in the Sun newspaper
  • Posted on the site
  • Mailed to three adjacent properties along the street and two properties in each direction across the street.
  • Posted on the City of Sunnyvale's Website
  • Provided at the Reference Section of the City of Sunnyvale's Public Library
  • Posted on the City's official notice bulletin board
  • City of Sunnyvale's Website
  • Recorded for SunDial

 

Staff has not received any written comments from surrounding properties regarding this proposal.

 

On February 23, 2004, the Planning Commission considered the proposal and approved the Design Review and Variance with modified conditions.  These modifications are noted in the attached minutes (Attachment #5) and attached Conditions (Attachment #2).  An appeal letter was submitted by the applicant within the 15 day appeal period.  This can be found in Attachment #5.

 

Comment on Appeal

 

The Applicant (appellant) has submitted an appeal letter stating concerns with the approval of the reduced size of the proposed home and requirement to meet the second story setbacks (See Attachment #5).  The appellant states that the reduced size of the home would not provide adequate space for the needed living area for the growing family and that adjacent neighbors are in support of the proposal. Staff feels that given the characteristics of the neighborhood and the relative size of surrounding homes, the reduction in floor area and further exterior modifications will provide for a more compatible single family home in terms of scale and appearance.  The appellant also specifies the size and density of additional homes that have been recently built or under construction in other areas of Sunnyvale.  Staff notes that the characteristics of these neighborhoods differ than those of the subject property in terms of allowable density under the standards of different Zoning District.  The applicant also notes that homes in the R-0 Zoning District that have higher floor area ratios.  Staff evaluates each application independently in terms of the specific neighborhood. Nevertheless, with the required reductions in floor area, the proposed home would be considered amongst the largest homes in this neighborhood.

 

The appellant has noted concerns with meeting the required second story setback at the front of the home.  The appellant notes the need to construct support beams from the main structure to the chimney in order to meet a required 12 foot separation.  The appellants concerns have been conveyed to the Building Division. It also has been indicated that supports are not needed for the chimney if it can be brought up to current building code requirements with a gas burning fireplace.  Therefore, the chimney could be lowered and the separation is unnecessary.  The overall design of the front façade of the home can be preserved if this upgrade occurs. 

 

Alternatives

 

1. Deny the appeal of the Design Review and Variance and uphold the decision of the Planning Commission with the attached conditions.

2. Deny the appeal of the Design Review and Variance and uphold the decision of the Planning Commission with modified conditions.

3. Grant the appeal of the Design Review and Variance and approve the proposed project at 62% Floor Area Ratio and allow a deviation from the required minimum and combined second story setbacks.

 

Recommendation

 

Alternative 1


 

Prepared by:

Ryan Kuchenig
Project Planner

Reviewed by:

Trudi Ryan
Planning Officer

Reviewed by:

Robert Paternoster
Director of Community Development

 

Approved by:

Amy Chan
City Manager

Attachments:

1. Recommended Findings
2. Recommended Conditions of Approval
3. Site and Architectural Plans (pdf format)
4. Photos of other homes in the neighborhood (pdf format)
5. Approved Planning Commission Minutes of 02/23/04 (pdf format)
6. Appeal Letter (pdf format)

 

1. The project’s design and architecture will be in conformance with t