SunnyvaleRTC

	EXISTING	PROPOSED	REQUIRED/ PERMITTED
General Plan	Moffett Park Specific Plan	Same	Moffett Park Specific Plan
Zoning District	MP-TOD	Same	MP-TOD
Lot Size (ac.)	1.7 + 1.7 (3.4 ac.) or 148,104 s.f.	Same	0.5 ac. min.
Gross Floor Area (s.f.)	18,500 + 18,500 (37,000 s.f.)	Same	51,836 max.
Lot Coverage (%)	24.9%	Same	45% max.
Floor Area Ratio (FAR)	24.9%	Same	50% max.
No. of Buildings On-Site	1 + 1 (2)	Same	---
Building Height (ft.)	18 ft.	Same	75 ft. max.
No. of Stories	1	Same	8 max.
Landscaping
Total Landscaping (sq. ft.)	17,500 + 17,500 (35,000 s.f.)	Same	29,621 min.
Frontage (ft.)	22 ft.	Same	15 ft.
% Based on Parking Lot	46%	Same	20%
Parking Lot Area Shading (%) **	Approx. 25%	Same	50% min. in 15 years
Parking
Total Spaces	84 + 85 (169)	Same	123 min.
Standard Spaces	46 + 47 (93)	Same	71 min.
Compact Spaces/ % of Total
Accessible Spaces	4 + 4 (8)	Same	3 min.
Aisle Width (ft.) **	20 ft.	Same	26 ft. min.
Bicycle Parking	0	Same	2 Class I + 2 Class II min.
Stormwater
Impervious Surface Area (s.f.)	56,552 + 56,552 (113,104 s.f.)	Same	118,482 s.f. max.

The subject site consists of two adjacent parcels with a one-story building on each parcel which is surrounded by parking and landscaping. The applicant proposes joining the two lots, then subdividing the existing two buildings into 4 units in each building, for a total of 8 industrial condominium units on one common lot. The uses on the site would continue to allow for range from research and development offices, professional and medical offices and a small amount of retail or restaurant. Other proposed improvements include installation of a sidewalk along Gibraltar Drive and upgrading of the landscaping.

The project site is located in the Moffett Park – Transit Oriented Development Subdistrict (MP-TOD) which is a high intensity area of the Moffett Park Specific Plan (see Attachment K). The project proposes subdivision of an existing low density structure (25% FAR) in an area of the City that has been designated for high density structures. The targeted average Floor Area Ratio (FAR) for the MP-TOD area is 50% and up to a maximum of 70%. (A development with an FAR greater than 70% would require a General Plan Amendment.)

Previous Actions on the Site: The following table summarizes previous planning applications related to the subject site.

According to the applicant, the buildings at 256 and 292 Gibraltar Drive have been vacant and on the market for lease and sale for over two years. General Development Inc. (GDI) purchased the buildings of 256 and 292 Gibraltar Drive in October 2004. The development strategy was to divide the existing buildings into eight condominium lots allowing for the sale of the individual units. The strategy was based on driving economic market conditions and the need for private ownership of small office spaces in Moffett Park and the greater area. Prior to purchasing the property General Development Inc. had a pre-development meeting with the City of Sunnyvale to discuss the proposed concept of incubator spaces for private ownership.

General Development Inc. has proposed private office space in 3,000 to 4,000 square feet units, in a campus-like environment. The applicant has received offers from three companies and has five other companies that have expressed interest. GDI has suggested that the new concept is needed as it considers current market conditions.

Administrative Hearing: The project was reviewed at the Feb. 16, 2005 Administrative Hearing.

Staff stated that while the City is generally very supportive of commercial development, this project was denied because of its location in the Transit Oriented Development section of Moffett Park. This unique area of the City has been targeted for high-density development to promote use of the existing Light Rail and bus lines. Sub-dividing the property and selling to multiple owners would decrease the opportunity for the site to be redeveloped into a high intensity development, which is a long-term goal for the site as specified in the 2004 Moffett Park Specific Plan (MPSP).

The applicant stated that the site has been vacant for two years and stressed that current market conditions call for the proposed use of the site. The applicant also claimed that the proposed project will result in the creation of 136 new jobs. The applicant’s team stated that the proposed project allows for incubator office space and that the City’s preferred campus use proposed by staff would involve the assemblage of land. The primary issue raised by the applicant was that the existing building provides for a type of office space (Class C) that is always in demand, and the existing building is currently in good shape with a long anticipated life span remaining. The written comments provided by the applicant are in Attachment I.

The Administrative Hearing Officer concurred with the staff recommendation to adhere to the goals of the MPSP and denied the application. The Hearing Officer explored options such as the creation of fewer units on the lot; however, the proposed alternatives were not satisfactory to the applicant.

Planning Commission Hearing: At the Planning Commission meeting on April 11, 2005, the Commission held a hearing on this item. Staff recommended that the decision of the Administrative Hearing Officer be upheld as the project did not meet the goals and policies of the Moffett Park Specific Plan. The applicant’s team was the only group to speak at the hearing. There were no other members of the public who spoke in favor or against the project.

The applicant provided information about the vacancy rates in Moffett Park and the need for buildings to provide space for support uses, and not just future corporate headquarters and campuses. Some members of the Planning Commission generally concurred with the applicant and discussed that there was a need for support uses as well as a need to fill buildings and create “energy” in Moffett Park in order to generate more interest in developing the area. Other members also felt that allowing the subdivision would not prevent future attempts to assemble lots for larger corporate developments when the market for such presented itself.

The Planning Commission overturned the decision of the Administrative Hearing Officer and approved the project on a 4-3 vote to allow subdivision of the two subject sites into eight condominium lots for individual sale. The dissenting Commissioners could not make the Findings and expressed a concern with overturning the City’s long-term goals of the Moffett Park Specific Plan. Minutes from the Planning Commission hearing are attached (Attachment M).

Appeal of Planning Commission Decision: This item is before the City Council at this time because it was appealed by two members of the City Council. The stated reason for the appeal is to consider the consistency with the objectives of the Moffett Park Specific Plan.

A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines. Class 1 Categorical Exemption includes no change to the existing building and no proposed change to the use.

Description of Parcel Map: The Parcel Map would subdivide the two existing buildings into a total of eight separate ownership units located on one common lot.

Site Layout: The two parcels have street frontage along Gibraltar Drive. There is currently no public sidewalk. Each site is similarly developed with a one-story building located in the center of the site and surrounded by parking. Both sites have landscaping around the perimeter with significant trees and large berms along Gibraltar Drive. There is currently no proposed change to either structure other than minor upgrades to bring them into compliance with current Building Code.

Uses: The site is currently vacant. The proposed subdivision would allow for individual ownership of up to 8 different tenants. The mix of use will range from research and development offices, professional and medical offices and a small amount of retail or restaurant.

Two considerations went into analyzing the proposed mix of uses: appropriate location for the use and adequate parking. The building was originally designed for professional office, or for research and development. The applicant has listed potential uses of the site, including R&D, commercial retail, and professional office space for trade associations. Trade associations in Moffett Park Specific Plan area need to be “business serving.” Given the reduced visibility from major streets, the site is not well suited for commercial retail, although it may provide for some ancillary or support retail for neighboring businesses. The site is located in the Moffett Park – Transit Oriented Development (MP-TOD) zoning district which envisions higher intensity uses in proximity to the Light Rail and bus lines which run along Java Drive.

The existing parking supports all uses permitted by right in this zone. However, for some of the potential uses proposed by the applicant, additional parking may be required. These uses require approval of a Special Development Permit which would include verification of sufficient parking as well as appropriateness of the use.

Landscaping: The two parcels have a very similar layout with trees along the perimeter of the combined site. The site currently has 34 protected trees and 74 smaller trees. Protected trees are those that measure 38 inches or greater in circumference measured at four feet from the ground. This project includes preserving all 34 protected trees. Up to 4 smaller trees may be affected by this project; however, the recommended Conditions of Approval call for replacement of any removed trees (Attachment B, COA 5.E). Routine maintenance pruning is recommended for south property line Eucalyptus, pruning and or replacement of Elms on the west side, and crown reduction pruning of Canary Island Pines on the north side of the parking lot. Information on existing landscaping and protection measures is provided in Attachment G.

The Sunnyvale Municipal Code requires 50% shading (at 15 years of growth) for parking lots. The site currently provides approximately 25% parking lot shading. The project should meet compliance with current Code requirements on the installation and maintenance of additional trees to provide the required shading to the extent possible. This includes planting additional trees along the northern perimeter of the property and may include planting trees in the landscaped areas just north and just south of the building (See Attachment B, Condition of Approval 5.c). Some reduction in parking could accommodate additional landscaping.

Site Improvements: The street frontage along Gibraltar Drive currently has no sidewalk. This project includes the installation of a standard public access sidewalk along the full length of Gibraltar Drive. The sidewalk shall be installed in such a manner as to minimize the impact on the roots of the existing trees. According to the arborist report (Attachment G, pages 13 and 14), careful construction of the sidewalk is not likely to harm the existing Redwood trees; however, it may impact four of the Canary Island Pines. The arborist report recommends removing Tree #3 prior to the installation, and monitoring trees #1, 5 and 9 after installation for signs of stress due to the construction. Further, the report recommended replacing tree #11 due to poor root confirmation (see Attachment B, COA 5.E.)

Owners’ Association: As a condominium project, the project is required to have an association to manage the building, landscaping, parking and other common area amenities and utilities. The minimum requirements for this association are described in Attachment B, Condition of Approval 2.

No fiscal impacts other than normal fees and taxes are expected. Certain Public Works development fees may be required, such as sanitary sewer connection fees.