March 8, 2005

SUBJECT:       2004-0166 – City of Sunnyvale Study Issue: To consider modifications to the height and story limit within the R-3 (Medium Density Residential) Zoning District. 

REPORT IN BRIEF

The purpose of this Study Issue is to analyze potential issues associated with increasing the maximum building height and number of stories allowed in the R-3 Zoning District. The allowed density of 24 dwelling units per acre in the R-3 zoning district would not change.

Staff has determined that a density of 18-24 dwelling units per acre is difficult to accomplish within the current requirements of the R-3 zoning district.  The addition of the PD Planning District by the applicant has been required to allow a deviation from building height and story requirements.  Special Development Permits are frequently approved allowing increases in height and number of stories in order to meet the density allowed in the R-3 Zone.

The Study Issue was reviewed by the Planning Commission on February 14, 2005.  By a 6-1 vote, alternative 2 was adopted to allow modification to the maximum height requirement within the R-3 Zoning District to 35 feet. More discussion can be found in the “Public Contact” section of this report.  In accordance with Planning Commission recommendation, staff is recommending a modification to Municipal Code Sections 19.32.020 to allow 35’ height and 3 stories where 30’ height and 2 stories are currently permitted. See Attachment B for Draft Ordinance.

BACKGROUND

Through the Planned Development Combining District, Special Development Permits are frequently approved allowing three stories and heights exceeding 30’ in the R-3 Zoning District.  The desire for ownership housing has encouraged townhouse style development which frequently includes proposals for 2 and 3-story homes with garages on the lowest level and building heights exceeding 30’. Although apartment development is not active currently, it has been noted in the past that the density bonus cannot be achieved without some portion of the site utilizing three stories.  Based on changes in desirable dwelling unit sizes, the provision of 2-car garages, and changes in accessibility requirements, unit sizes have increased since the adoption of the 30-foot height standard over 40 years ago.  Staff has determined that a density of 18-24 dwelling units per acre is difficult (but not impossible) to achieve within the limits of a 2-story structure that is 30 feet or less.  Most R-3 developments reviewed by the City in the past 20 years have required the Planned Development (PD) combining district and a Special Development Permit to allow a deviation for building height and story limit.      

EXISTING POLICY

Building Height and Number of Stories

The height and story regulations for the R-3 Zoning District were established in 1963, and have not been changed since that time:

Current maximum heights and stories for all residential zoning districts are as follows:

Single-family zones:                      R-0, R-1, R-2           2 stories or 30 feet in height

Multiple-family zones:                   R-3                        2 stories or 30 feet in height

R-4 and R-5             4 stories or 55 feet in height.

Building Heights – Distance from the Property Line

(Hereafter referred to as the “75’ Rule”)

SMC Section 19.32.040 states:

The height of buildings constructed or erected in any multiple family residential, commercial or industrial zoning district within seventy-five feet of the property line of property in a single-family residence zoning district shall not exceed twenty feet in the event existing buildings on the adjacent lot are one story or thirty feet if the existing buildings are two story or the lot is undeveloped.

Modifying the “75’ Rule” is beyond the scope of this Study Issue because it applies to all multi-family zoning districts (not just R-3), in addition to commercial and industrial zoning districts.

Legislative Management Element

Policy 7.3B.3: Prepare and update ordinances to reflect the current community issues and concerns in compliance with federal and state laws.

Action 7.3B.3b: Consider changes to ordinance to reflect changes in community standards and state and federal laws.

A more complete list of General Plan goals and policies can be found on pages 8 and 9 of this staff report.  

Discussion

Four topics are covered in this section:

1. Height comparisons of R-3 (or similar) Zoning Districts in surrounding and similar communities.
2. Height and number of stories for approved, new construction R-3 projects in recent years.
3. Possible alternatives to the existing height and story requirements in R-3 Zoning Districts.
4. Analysis of various alternatives to the City’s current R-3 Zoning District height and number of stories requirements.

1)        Height Comparison, R-3 Zoning Districts, Surrounding Communities         

1)     Height 20’ max, if within 75’ of a property line of a single-family zoning district that has a one-story building.

2)     In residential zones, height may be limited to 15’ or 25’, and the number of stories may be limited to one or two stories, in “H overlay zones”.

3)     Height 30’ max, if within 50’ of a property with a general plan designation of 10 dwelling units per acre or less.

Of the ten nearby communities surveyed, Sunnyvale’s height and story requirements in the R-3 Zoning District were in the lower third of the compared communities.  These communities were selected based on their geographic proximity to Sunnyvale.  An increase in the allowable height and number of stories in the R-3 Zoning District may be considered reasonable, when compared with similar surrounding communities.

2)        R-3 Zoning District Projects in Recent Years

Height and Number of Stories for Approved Construction

Height- 65% (11 of the 17 projects) of the approved projects exceeded 30’ in height:

30’ and under -        6 projects (35%)

30’ – 40’ -      -        10 projects (60%)

above 40’      -        1 project (5%)

All of the built projects that were approved for 30 feet or less in height contained 8 or fewer units.  Projects that were approved for greater than 30 feet ranged from 7 – 168 units.  To meet the 30 foot height requirement, those projects submerged a portion of the building below the previous grade.  Building height is measured from the top of curb.  The building height, if measured from the foundation to the peak would exceed 30 feet in these cases.

Stories - Almost 90% (15 of the 17 projects) were greater than 2 stories.

Density – 94% of the projects were approved below the 24 dwelling unit/ acre maximum allowed for the R-3 Zoning District, even when the additional height and number of stories were allowed.

Planned Development (PD) combining district and Special Development Permit

Approximately 90% of the recently approved projects deviated from the height and story requirements of the R-3 Zoning District through approval of a Special Development Permit.  

3)        Possible alternatives to the existing height and story requirements in the R-3 Zoning District:

Increase the allowable height to 40 feet and three stories within the R-3 Zoning District.

Any application for a project in an R-3 Zoning District would be allowed a maximum of 40’ in height and three stories without requiring a deviation from Municipal Code.  If the applicants propose to exceed 40’ and/or three stories, they would be required to gain approval through a Combining District Special Development Permit application.

Increase the allowable height to 35 feet and three stories within the R-3 Zoning Districts.

Any application for a project in an R-3 Zoning District would be allowed a maximum of 35’ in height and three stories without requiring a deviation from Municipal Code.  If the applicants propose to exceed 35’ and/or three stories, they would be required to gain approval through a Combining District Special Development Permit application.

No change to the current ordinance

The existing height limitation of 30’ and height limitation of two stories would remain the same.  All applications proposing greater than 30’ and two stories would be required to gain approval through a Planned Development and/or Special Development Permit application.

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