July 20, 2004
SUBJECT: 2004-0397: Coldwell Banker: Request to initiate a General Plan Amendment study to change the land use designation from R-0 (Low Density Residential) Zoning District to R1.5 (Low-Medium Density Residential) for 926 South Wolfe Avenue (APN 213-25-010):
REPORT IN BRIEF
The City received a letter from the applicant, Curt Keegan of Coldwell Banker, representing the owner of 926 South Wolfe Road (see Attachment 1). The applicant is requesting consideration of a General Plan Amendment Study to allow for a General Plan land use designation change from Low Density Residential (0-7 dwelling units per acre) to Low-Medium Density Residential (7-14 dwelling units per acre) for an existing 22,200 square foot lot.
Due to the development history of the site, as well as past requirements for roadway dedication, staff does not consider this request to be “spot zoning” and finds that there is adequate justification to study a modification to the General Plan to facilitate development that fits into the neighborhood lot pattern established approximately forty years ago. Staff recommends that the City Council initiate the General Plan Amendment study from Low Density Residential to Low-Medium Density Residential.
BACKGROUND
The 22,200 s.f. project site currently has a General Plan designation of Low Density Residential. This designation is the same as the surrounding residential neighborhood. The adjacent residential lots were developed in 1962.
The subject lot is currently zoned R-0 and has a single-family home, a duplex and a barn on the site. The site fronts both South Wolfe Road and Mangrove Avenue and is the last remaining parcel of an original 15 acre ranch that dates back to 1850. The original ranch has been parceled off and developed over the last half century. By looking at a map of the area, the original lot pattern for the neighborhood suggest that the project site was meant to accommodate up to four single-family lots of approximately 6,000 square feet.
At this date the site is slightly short (1,800 s.f) of the 24,000 square feet necessary to divide the site into four lots using R-0 zoning standards. This slightly reduced size is due to 4,300 s.f. street dedication on Wolfe Road that occurred in 1962 as well as the slight curve of Mangrove Avenue on the second frontage of the site. The applicant is requesting the General Plan land use designation change in order to facilitate a rezoning to the R-1.5 Zoning District that would allow for four lots.
Environmental Status
This action is not considered to be a project under the California Environmental Quality Act (CEQA) since the initiation of a General Plan Amendment study has no possibility of creating a significant environmental impact. (See CEQA Guidelines Article 5, Section 15061(b)(3). Appropriate environmental review will be conducted if the General Plan Amendment study is initiated and prior to any recommended action to change or modify the site General Plan or Zoning designation.
EXISTING POLICY
Sunnyvale Municipal Code Section 19.92.020 authorizes only the City Council to initiate proceedings for adoption of an amendment to the General Plan. City Code requires the City Council to first review a request to initiate a General Plan Amendment in order to determine if the request warrants further study. The approval of this initiation would allow a formal application to be submitted to further asses the merits of the proposed General Plan Amendment request; approval of initiation does not commit the City Council to approve a General Plan Amendment, nor any specific project proposal. Submittal of General Plan Amendment and Rezoning applications require payment of fees totaling over $9,000 and subsequent hearings by the Planning Commission and City Council.
The following General Plan goals, policies and action statements in the Land Use and Transportation Element relate to this proposed General Plan Amendment request:
Policy N1.1
Protect the integrity of the City’s neighborhoods; whether residential, industrial or commercial.
Action Statement N1.1.1
Limit the intrusion of incompatible uses and inappropriate development into city neighborhoods.
Policy N1.2
Require new development to be compatible with the neighborhood, adjacent land uses and the transportation system.
Action Statement N1.2.1
Integrate new development and redevelopment into existing neighborhoods.
Action Statement N1.2.2
Utilize adopted City design guidelines to achieve compatible architecture and scale for renovation and new development in Sunnyvale’s neighborhoods.
DISCUSSION
A survey of the existing General Plan policies indicates that the primary issue regarding this General Plan Amendment request is the effect the potential amendment and related subsequent zoning district change will have on the development pattern of the existing neighborhood. Based purely on an evaluation of a lot map of the area, it appears that the surrounding lots were developed in an orderly manner to leave a remainder lot that could be subdivided into four lots that fit into the rhythm of the 1960s development of the original ranch. However, due to earlier street dedication and minor irregularity of the adjacent street curve, the remainder lot does not retain adequate square footage to develop under R-0 Zoning District standards as currently zoned.
The site, as zoned, could be subdivided into two parcels without the need for any variances or deviations from zoning requirements (e.g. lot size, width). Two lots of 11,100 square feet could each support one single-family home and one accessory living unit.
It is the intention of the owner to request to rezone the lots to R-1.5 if the General Plan Amendment study is initiated. This is one of three zoning districts available under the Low-Medium Residential General Plan designation. The R 1.5 zoning designation allows only single-family homes on lots as small as 4,200 square feet. Applying the R-1.5 standards (including standard street frontage width) would allow four lots on the subject site.
Another compatible zoning designation with a General Plan Low-Medium designation would be R-1.7. This zoning designation also allows only single-family homes, but requires a minimum 2-acre development size which the project site does not meet.
The third available zoning designation is R-2 which is typically a district used for development of townhouses and duplexes, although single-family homes are allowed. The R-2 designation would only allow three lots, but potentially 6 units. A PD combining district with an approved Special Development Permit could have the potential for 6 small single-family homes. In this instance, a PD combining district would most likely be required to use the R-2 Zoning District. When an actual General Plan Amendment is considered there is adequate control by the City Council to restrict the zoning to R-1.5 (with or without a PD combining district) in order to achieve a lot pattern consistent with the existing neighborhood. Applying a different zoning designation to the 22,200 square foot lot when it is surrounded by R0 development begs the question of whether this would be the application of spot zoning. Staff has considered that possibility and has determined that the laws addressing spot zoning are in place to avoid egregiously incompatible land uses adjacent to each other such as an office building or an auto repair facility in the middle of a residential area. Spot zoning was also historically used to create windfall profits for favored land owners. There is no prohibition is the California land use laws that prevents the City from using different General Plan designations as tools to create compatible development. Even though, in this case, the General Plan and zoning designation for this infill lot would be different from the surrounding neighborhood, staff does not believe this constitutes spot zoning and believes it would be a legally defensible action particularly when the City can institute development controls through concurrent General Plan and rezoning action.
FISCAL IMPACT
There is no fiscal impact to the City to initiate a General Plan Initiation study. If the Council initiates the study, the applicant will be required to pay appropriate fees to cover the staff costs of preparing the study.
PUBLIC CONTACT
Notification of the City Council meeting for this item is part of the standard agenda publication. A copy of the agenda and staff report have been provided to the applicant as well as posted o the City of Sunnyvale website and provided at the reference section of the Sunnyvale Library.
ALTERNATIVES
1. Authorize the initiation of the General Plan Amendment study for the subject site from Low Density Residential to Low-Medium Density Residential.
2. Initiate a General Plan Amendment study for a range of densities.
3. Do not authorize the initiation of further study on the subject site.
RECOMMENDATION
Alternative 1.
Prepared by:
Gerri Caruso
Principal Planner
Reviewed by:
Trudi Ryan
Planning Officer
Reviewed by:
Robert Paternoster
irector, Community Development
Approved by:
Amy Chan
City Manager
Attachments
1. Letter of Request from the Applicant (pdf format)
2. Conceptual plan for project site (pdf format)
3. General Plan land use map
4. Zoning map (pdf format)