SunnyvaleRTC

SUBJECT:

Introduction of an Ordinance

Rezoning action to bring specific properties into conformance with the General Plan Designation of Low-Medium Density Residential (7-14 du/acre) which was adopted by the City Council on June 17, 2003. (APNs: 209-04-028 thru 035; 209-05-023 thru 028; 209-10-026 thru 028; 209-10-030; 209-10-037 thru 041; 209-10-065 and 209-10-066)

2002-0612 – Rezone specified properties from R-3/PD (Medium Density Residential Zoning District) to R-2/PD (Low-Medium Density Residential Zoning District).

Existing Site Conditions	Single family, duplexes and multi-family residential
Surrounding Land Uses
North	Commercial, residential and hotel
South	Primarily residential
East	Primarily residential
West	Commercial, residential and hotel
Issues	Effect on existing land uses and structures Reduction in future numbers of units
Environmental Status	Potential environmental impacts were examined as part of the Downtown Improvement Program Update Environmental Impact Report.
Staff Recommendation	Approval
Planning Commission Recommendation	Approval

	EXISTING	PROPOSED	REQUIRED/ PERMITTED
General Plan	Residential Low-Medium Density	Same	Residential Low-Medium Density (7 – 14 du/acre)
Zoning District	R-3/PD	R-2/PD	With City Council Approval
RANGES FOR THE PROPOSED DISTRICT
Densities	1 unit/1,800 sq. ft. generally* (24 du/acre)	1 unit/3,600 sq. ft. (12 du/acre)	14 du/acre max.
Lot Size (s.f.)	8,000 sq. ft. min. allowed	Same	8,000 min.
Gross Floor Area and Floor Area Ratios (FAR)	No FAR limitation	45% max. for single family and 55% max. for all other uses	45% and 55% max. dependant on use Proposals exceeding FAR thresholds require Planning Commission review.
Lot Coverage (%)	40% allowed	Same	40% max.
Building Height (ft.)	30 ft. max. allowed	Same	30 ft. max.
No. of Stories	One and two-story structures	2 stories max.	2 stories max.

* This density applies to lots greater than 8,000 sq. ft. For lots less than 8,000 sq. ft., a sliding scale applies. See Attachment 2.

In June 2003, after a year-long study on appropriate land uses and densities in and around the Downtown Specific Plan area, the City Council approved a General Plan Amendment to lower the permitted densities allowed in an area called “the eastern adjacent sites.” These properties, as shown on the map on page 2, are primarily single-family or duplex properties which were previously planned for redevelopment to medium density residential uses (approx. 24 du/acre). After reviewing neighborhood concerns regarding neighborhood character and compatibility, the Council lowered the General Plan density from 14-27 du/acre to 7-14 du/acre. At the time of the General Plan change, Council directed staff to return with the appropriate Rezoning action to bring the zoning designation into conformance with the amended General Plan.

The Planning Commission recommended approval of rezoning at their January 26, 2004 public hearing. One member of the public spoke, expressing concerns about different zoning designations for portions of Washington Avenue. The resident also stated that they desired lower densities for all of Washington and did not believe that the newly adopted Downtown Specific Plan achieved that goal. A map of General Plan Densities in the area has been added as Attachment 4.

As part of the Downtown Improvement Program Update, the City prepared a Program Environmental Impact Report (“the Program EIR”) pursuant to the California Environmental Quality Act (“CEQA”) to consider and analyze the environmental impacts related to the Project, including adoption of amendments to the Land Use and Transportation Element of the General Plan, the Downtown Specific Plan and the Zoning Code. The Program EIR was certified by the Council at its June 17, 2003 meeting (Resolution No. 123-03), where Council found that it presented an adequate and extensive assessment of the environmental impacts of the Project, and adopted a Statement of Overriding Considerations related to certain impacts on traffic and air quality, and adopted a Mitigation Monitoring Program. The proposed Rezoning action is a component of and consistent with the Project analyzed in the Program EIR; therefore, no additional review is required.

Change Under Consideration: This action Rezones certain properties, as described in the map on page 2, from R-3/PD (Medium Density Residential, 24 du/acre) to R-2/PD (Low-Medium Density Residential, 12 du/acre).

Objective and General Plan Consideration: The intent of this action is to bring the Zoning District designation into conformance with the Low-Medium Density Residential General Plan Designation.

Discussion: This action is the second step in a process to reduce permitted densities in the eastern adjacent sites.

The following is a summary of the expected changes from the new Zoning District:

Out of the 25 affected properties, six parcels have more units than what would be allowed under either the R-3 or the R-2 Zoning District. These properties are existing non-conforming densities. Sunnyvale Municipal Code Section 19.50.060 states that

“any use which was lawfully established and which becomes nonconforming, including residential uses that do not meet minimum lot area per dwelling unit requirements, may be continued so long as no enlargement of the area, space or volume occupied by such use occurs.”

This statement means that no change is required for existing legal properties, but gross floor area may not be added. This action will not require existing land uses or structures to be changed, but any future development will need to comply with the regulations of the R-2 Zoning District.

No negative impact is expected. Future development would be required to meet the new density standards.

Staff and the Planning Commission were able to make the required Findings based on the justifications for the Rezone. To approve a Rezone, the City Council must make a finding that the change is in the public interest.

An extensive outreach process was conducted from June 2002 to June 2003. Multiple neighborhood meetings were held regarding appropriate residential densities in and around the downtown area. A written notice was sent out in early January of this year to affected owners and residents as well as properties within 300 ft. Staff received between 5 – 10 phone calls with questions about this action and how if affects their properties.

A Planning Commission hearing was held on January 26, 2004. One member of the public spoke, as discussed in the Background section of this staff report.

Notice of Public Hearing

Staff Report

Agenda

·         Published in the Sun newspaper

·         Posted on the site

·         Mailed to the property owners and tenants within 300 ft. of the project site

·         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

Land Use and Transportation Element	Comment
C1.1 Recognize that the City is composed of residential, industrial, and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values.	The City Council changed the General Plan Designation to Low-Medium Density Residential.
Community Design Sub-element	Comment
Continue to maintain and develop zoning standards, which preserve the quality of residential neighborhoods.	The proposed R-2 Zoning District will preserve the primarily low and low-medium density character of the neighborhood as it exists today.

Staff finds that the proposed Zoning District is in conformance with General Plan Goals and policies and will not be detrimental to the surrounding properties. Staff is able to make the finding that the Rezoning is in the public interest.