Project Site Map, click here (.jpg)

 ANALYSIS

Description of Proposed Project

The project consists of Special Development Permit (SDP) and Tentative Map applications to allow the construction of a 10,418 square foot mixed-use building.  The building will consist of one professional office and five residential condominium units.  The units will be one 1-bedroom unit, and four 2-bedroom units, while the office will be 1,817 square feet.  Parking for the office and residential units will all be on the ground floor, underneath the two living area floors.  The rooftop area is proposed as a deck/open space area for the residents who live in the building.

The existing single-family home is proposed to be demolished and does not have any historical or architectural significance.  The existing parcel will be divided into six air-space parcels and one common lot including ground floor parking and landscaping area.

Background

A Planning Commission study session was held for this item on August 13, 2004.  At that meeting, the Planning Commission gave comments regarding the following issues: height of the building, impacts to the surrounding neighbors, and the Downtown Specific Plan (DSP).  The Commissioners also felt the project had several positive aspects, including: excellent architecture, scope of the project and rooftop balconies. 

Planning Commission Hearing: On September 27, 2004, the Planning Commission reviewed this application and received testimony from three members of the public, representing two property owners.  The speakers were concerned with a variety of issues including: compatibility of the proposed buildings; impact to the adjacent neighbors; deviation from code; etc.  The staff recommendation at the time of the planning commission hearing was in support of the project.  After presentations by staff and the applicant, the Planning Commission discussed the merits and impacts of the proposal and voted 3-2 to deny the application (See Attachment G for details). 

The majority of Commissioners stated they were unable to support the project due to its incompatibility with this area of the Downtown at this time and due to the project’s impacts on the adjacent neighbors.  They further stated that a smaller and less dense project would be more suitable for this parcel at this time.  Although the Commissioners acknowledged the challenge of being the first redevelopment proposal for this area in the Downtown, they believed it was important to have an orderly transition of development in this area.

The dissenting Commissioners commented that the project meets the intent and goals of the Downtown Specific Plan as well as basic code requirements, and therefore should be approved.  They stated that this project includes only one minor deviation from SMC, which was unusual for a development of this scale.  They believed the applicant should not be penalized for being the first redevelopment proposal for this area in the Downtown.

The Planning Commission’s decision was appealed by the applicant on October 7, 2004 (See Appellant’s letters in Attachment F).

Site History

This site was rezoned to Downtown Specific Plan (DSP) Block 20 in 2003 as part of the adoption of the overall DSP.  Prior to the DSP-20 rezone, this area was Zoned R-4/O/PD, which is Residential with Office and Planned Development Overlay Zoning Districts.  This zone allowed for densities up to 36 du/acre and up to five residential units on the subject property.  In addition to the five residential units, office uses could also have been allowed on the same site.  This block was originally considered for office development, but excluded in the staff recommendation (i.e. staff recommended the retention of the R-4/O/PD Zoning District).  The City Council later incorporated this Block in the plan with the same uses allowed in the R-4/O Zoning district.  This was done so in order to integrate the design of this block with the rest of the Downtown and transition the heights along Mathilda from El Camino to the block north of Olive.  The DSP-20 rezone did not significantly alter the development potential of this site, but did alter the manner in which it could be positioned on the site. 

The following report provides more details on this R-4/O/PD and DSP-20 comparison.  This project is the second proposed project in the new Downtown Specific Plan area (Forum’s Town Center project was the first).

Environmental Review

A Mitigated Negative Declaration has been prepared for this project in compliance with the California Environmental Quality Act provisions and City Guidelines.  An initial study has determined that, with mitigation, the proposed project would not create any significant environmental impacts (see Attachment C, Initial Study).

The recommended mitigation measures relate to building lighting, cultural resources, and noise.  The mitigations include down lighting requirements and a prohibition on light crossing property lines.  These mitigation measures are included in the Mitigated Negative Declaration and are incorporated into the Recommended Conditions of Approval.

Special Development Permit

Use:  A Special Development Permit is required, rather than a Use Permit, since the site is in a Downtown Specific Plan Zone that utilizes the SDP as a review tool.  This permit addresses the use, building architecture and site layout as well as specific deviations requested in the project.  The applicant is only requesting one deviation from SMC for this project.

The DSP-20 allows up to 36 du/acre, or a maximum of 7 units on this parcel.  The applicant is proposing 5 units which is 25 du/acre.  Prior to the DSP-20 rezone, the R-4/O/PD Zone also allowed a density of up to 36 du/acre or five residential units (adjusted for parcel size using a sliding density scale).  Therefore, the current density proposed is the same as the density allowed under the previous zoning district.

Site Layout:  DSP-20 allows for a zero lot line setback on the front property line facing Mathilda.  The applicant is proposing to construct the ground floor of the building at seven feet from the front property line.  The two upper stories will overhang the first and will be at one foot from the property line. 

The first story of the structure falls within the required 10-foot driveway vision triangle area.  SMC requires that any driveways on site must have a visual clearance area, or vision triangle.  The applicant is requesting a deviation from the requirement since the structure is three feet into this triangle.  The intent of this requirement is to provide motorists exiting the site with a clear line of vision to the sidewalk and street.  This allows motorists better to see the approaching cars, bicycles, and pedestrians on the sidewalk.

Staff believes circumstances exist to support the requested minor deviation.  The sidewalk in front of this site will be much larger than a typical sidewalk right-of-way area.  The existing sidewalk with the required street dedication will total 20 feet wide, while a typical sidewalk is only 11 feet wide.  This increased setback allows the project to meet the objective of the vision triangle by providing a line of sight to the sidewalk and street that is greater than the minimum required.  The Transportation and Traffic Division concurred with this finding and stated that there are no safety issues resulting from this deviation.

Surrounding Uses:  To the west of the site, across S. Mathilda, is the Sunnyvale City Hall Campus.  To the east are two story, multi-family apartment buildings, which gain access from a private drive between the buildings and the subject site.  These buildings are all high-density residential sites and Zoned R-4.  To the north of the site is a single-family home, currently occupied as a residence.  To the south is a single-family home which is being used as a professional office and a residence.  This home was listed on Sunnyvale’s Heritage Resource Inventory in 1987.  The structure, built in 1935, was added to the list due to its Mediterranean style architecture.  Both sites to the south and north are zoned the same DSP Block 20.

The following Downtown Design Guidelines were considered in analysis of the project site design:

Architecture:  The applicant is proposing an Italian Revival architectural style.  The building is approximately 10,418 square feet exposed above grade.  The architecture is very detailed, with articulated roof lines, columns, balconies, tower features, and recessed wall details.  The applicant has stated that these elements are all consistent with the Italian Revival architectural form.  Staff finds that the proposed architecture represents a high quality design.

The proposed building is 40 feet high to the top of the railing around the edge of the roof garden.  The floor of the roof garden is approximately four feet below this roof railing.  In the DSP-20 Zone 40 feet is the maximum height allowed for properties on the northern half of the block.  The southern half of Block 20 has a maximum height of 30 feet.  The proposed site is located in the middle of the northern half of the block, so there are three properties to the north and two properties to the south, which have the same maximum height limit of 40 feet. 

Title 19 allows certain building features to exceed the maximum height by 25 feet in any zone.  These features include chimneys, cupolas, turrets, towers, etc.  The applicant is proposing to have several elements up to 52 feet high.  These elements are intended to add articulation and visual interest to the architecture, as well as, add function to the building.  They will function as chimneys and the top of the elevator shaft.

If this property were still Zoned as R-4/O/PD, the maximum height would be 55 feet high, which is 15 feet higher than what is currently allowed.  Under the R-4 zoning, the additional 25 feet for architectural features is also allowed. 

Streetscape:  The applicant has submitted a streetscape section plan (to scale) showing this portion of Mathilda from Olive down to El Camino (Attachment E).  The streetscapes show the street as it exists today, with the proposed building incorporated.  The proposed structure appears large compared with surrounding existing structures.  The applicant has also submitted a streetscape plan showing the future build out for the block under the new DSP-20 zoning designation.  This plan shows the mass and scale of the street as it could eventually appear, and it demonstrates the compatibility of the proposed structure with the future streetscape.

This project is the first proposal submitted to the City under the new Downtown Specific Plan, outside of the Downtown core area.  At the time the DSP was adopted, staff anticipated that some of the initial projects would appear to be incompatible with the surrounding neighborhood.  Many of the existing structures are older and smaller since they were constructed some time ago.  The new DSP is creating a time of transition, where neighborhoods contain both new and old projects, but in the future, it is anticipated that Block 20 could realize its full development potential.  This full development potential is reflected in the future streetscape plan.

The following Downtown Design Guidelines were considered in the analysis of the project architecture: