November 9, 2004

SUBJECT:  2004-0759 Belleterre Homes: Request to initiate a General Plan Amendment study to change the land use designation from R-3/PD (Medium Density Residential / Planned Development) Zoning District to R-2/PD (Low-Medium Density Residential / Planned Development) for 775 South Wolfe Road (APN 211-05-008).

REPORT IN BRIEF

The City received a letter from Larry K. Yamaoka, President of Belleterre Homes, representing the owner of 775 South Wolfe Road (see Attachment 1).  Mr. Yamaoka is requesting consideration of a General Plan Amendment Study to allow for a General Plan land use designation change from Medium Density Residential (12-24 dwelling units per acre) to Low-Medium Density Residential (7-12 dwelling units per acre) for an existing 39,088 square-foot lot.

Staff finds that there is adequate justification to study a modification to the General Plan to facilitate development that allows for transition between the adjacent low and medium density sites.  Staff recommends that the City Council initiate the General Plan Amendment study from Medium Density Residential to Low-Medium Density Residential.

BACKGROUND

The 39,088 square foot project site currently has a General Plan designation of Residential Medium Density and is zoned R-3/PD.   The adjacent property to the north and west of the site are designated Medium Density.  The adjacent property to the south of the site and the property east of the site across South Wolfe Road are designated Low Density (R-0).

The subject lot is currently unimproved and was historically used for agricultural crops.  The site was re-zoned in 2001 from R-3 to R-3/PD to allow for construction of a 20-unit apartment complex; however, construction never occurred.

The applicant wishes to pursue a rezoning request to a lower density so it can be developed with 8 single family housing units, which would allow for home-ownership units.  The applicant has indicated that the lower density would allow for a transition between the neighboring Low Density (R-0) properties to the south and east of the site (across South Wolfe Road), and the adjacent Medium Density (R-3) properties to the north and west of the site. 

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.

Policy C2.2

Encourage the development of ownership housing to maintain a majority of housing in the city for ownership choice.

Policy C2.3

Maintain lower density residential development areas where feasible.

Action Statement C2.3.2

Promote and preserve single-family detached housing where appropriate and in existing single-family neighborhoods.

Policy C2.4

Determine appropriate density for housing based on site planning opportunities and proximity to services.

Action Statement C2.4.1

Locate higher density housing with easy access to transportation corridors, rail transit stations, bus transit corridor stops, commercial services, and jobs.

Action Statement C2.4.2

Locate lower density housing in proximity to existing lower density housing.

DISCUSSION

A survey of the existing General Plan policies indicates that the issues regarding this General Plan Amendment request are the effect the potential amendment and related subsequent zoning district change will have on the development pattern of the existing neighborhood, the number of housing units to be developed, and the development of home-ownership units.

The site was re-zoned in 2001 from R-3 to R-3/PD to allow for construction of a 20-unit apartment complex.  The higher density would help the City achieve its goal of more housing to offset the housing-jobs imbalance; however, the apartment complex would result in an increase in rental units, which runs counter to the City’s goal of promoting home ownership.

The current Medium Density (R-3) density allows between 16 and 21 dwelling units to be constructed on the site.  Given the size of the lot, this level of density would result in the units being attached.  The Planned Development (PD) Combining District may be needed to allow for deviations from zoning requirements (e.g. lot size, width).

It is the intention of the owner to request a Low-Medium Density Zoning (R-2/PD) 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-2 Zoning Designation is typically a district used for development of townhouses and duplexes, although single-family homes are allowed.  It allows a maximum density of 1 unit per 3,600 square feet. Applying the R-2 standards would allow between 8 and 10 dwelling units to be constructed on the site.  (City policy dictates that a site should meet at least 75% of the maximum allowable density.)  The Planned Development (PD) Combining District may still be needed to allow for deviations from zoning requirements.  Based on a review of the site layout, it appears that the site could hold a maximum of 8 detached lots.

There are two other Low-Medium Density zoning designations.  The R-1.5 allows for a maximum density of 1 unit per 4,200 square feet, which would allow for between 6 to 9 units.  Another compatible zoning designation with a General Plan Low-Medium designation would be R-1.7/PD.  This zoning designation allows for a maximum density of 1 unit per 2,600 square feet, which would allow for 11 to 15 units; however, R-1.7/PD requires a minimum 2-acre development size which the project site does not meet.

When an actual General Plan Amendment is considered there is adequate control by the City Council to restrict the zoning in order to achieve a lot pattern consistent with the existing neighborhood.  Applying a different zoning designation to the 39,088 square foot lot may allow for transition between the Low Density and Medium Density surrounding properties.

A survey of the existing General Plan policies indicates that an 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. 

Given the jobs-housing imbalance in Sunnyvale, the City usually does not encourage down-zoning, as it results in fewer housing units; however, other sites within the city have been converted to housing, resulting in the City being on target for development of housing goals. 

The proposed down-zoning of the property allows for the development of single-family homes rather than apartment units, which are more likely to be developed and sold as private homes, supporting the City’s goal of increasing home ownership units; however, City policy also directs that higher density housing be developed along major transportation corridors and in proximity to commercial sites.  The project site meets both criteria.  A re-design of the site would allow for up to eight private units on the site. 

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 on 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 Medium 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 - Authorize the initiation of the General Plan Amendment study for the subject site from Medium Density Residential to Low-Medium Density Residential.  Staff believes the concept of lower density housing may have merit as it could allow for more owner-occupied housing, which is compatible with neighboring uses and the policies and goals of the General Plan.  Staff is recommending approval of the General Plan Initiation request.  If the City Council chooses to initiate the requested General Plan Amendment Study, consistency with the General Plan sub-elements such as Housing and Community Revitalization and Land Use and Transportation will be fully evaluated.  At a minimum, the study will examine the following:

·         The advantages and disadvantages of the change from medium to low-medium density residential.

·         The appropriateness of lower density residential use in this area of Sunnyvale.

Reviewed by:

Robert Paternoster

Director of Community Development Prepared by: Jamie McLeod, Project Planner; Trudi Ryan, Planning Officer   Approved by:   Amy Chan City Manager

Attachments 

A. Letter of request from applicant (.pdf)

B. Conceptual plan for project site (.pdf)

C. General Plan land use map (jpg)

D. Zoning map (.jpg)