SunnyvaleRTC

April 25, 2006

SUBJECT:

2005-1048 – Jeffery Morris [Applicant] Morris Associates IX [Owner]: Application on a 2.1-acre site for related proposals located at 595 Lawrence Expressway (at Duane Ave) in an M-S (Industrial & Service) Zoning District. (Negative Declaration) (APN: 205-23-017) JM;

Introduction of an Ordinance

Rezone from M-S (Industrial & Service) to M-S/PD (Industrial & Service/Planned Development) Zoning District,

Motion

Special Development Permit to construct a new 22,682 square-foot shopping center.

REPORT IN BRIEF

Existing Site Conditions	One 2-story Industrial (R&D) building
Surrounding Land Uses
North	Across East Duane Ave, auto service station (with car wash) and General Industrial
South	Hotel (Residence Inn)
East	Across Lawrence Expressway, restaurants and commercial shopping center
West	Across Stewart Drive, General Industrial complex (AMD)
Issues	Tree Preservation & Landscaping Trash Enclosures Parking
Environmental Status	A Negative Declaration has been prepared in compliance with California Environmental Quality Act provisions and City Guidelines.
Planning Commission Recommendation	Approve with Attached Conditions
Staff Recommendation	Approve with Attached Conditions

Click here for map. (.pdf)

PROJECT DATA TABLE

	EXISTING		PROPOSED	REQUIRED/ PERMITTED
General Plan	Industrial		Same	Industrial
Zoning District	MS		MS-PD	Same
Lot Size (s.f.)	93,175		Same	22,500 min.
Gross Floor Area (s.f.)	32,510		22,682	32,611 max.
Lot Coverage (%)	20%		24%	45% max.
Floor Area Ratio (FAR)	35%		24%	35% max.
No. of Buildings On-Site	1		3	by SDP
Distance Between Buildings	N/A		59 & 74 ft.	10 min.
Building Height (ft.)	35		30	75 max.
No. of Stories	2		1	8 max.
Setbacks
** Front - Lawrence (ft.)	88	10		35 min. (SMC 19.34.070.a)
** Front - Duane (ft.)	20	12		35 min.
** Front - Stewart (ft.)	178	9		25 min.
Rear - south (ft.)	56	10		None
Landscaping (sq. ft.)
Total Landscaping	+/-23,000	26,558		18,635 min.
** Frontage Width (ft.)	10	10-13		15 min.
Landscaping Buffer (ft)	10	10-13		10 ft. min.
Parking Lot Area Shading (%)	Unknown	50%		50% min. in 15 years
Water Conserving Plants (%)	Unknown	70%		70% min.
Parking
Total Spaces	130	151		151 min. (Varies based on use)
Standard Spaces	125	144		122 min.
Compact Spaces	0	1		15 (10%) max.
Accessible Spaces	5	6		5 min.
Aisle Width (ft.)	Unknown	26		26 min.
Bicycle Parking	0	0		3 Class I (lockers) & 4 Class II (racks) min.
Stormwater
Impervious Surface Area, s.f. (%)	Unknown	66,617 (71%)		74,540 (80%) max.

** Starred items indicate deviations from Municipal Code requirements.

ANALYSIS

Description of Proposed Project

Description of the Project: The application is for a re-zoning of the site from M-S (Industrial & Service) to M-S/PD (Industrial & Service/Planned Development) Zoning District, and for a Special Development Permit to construct three commercial buildings totaling 22,590 square feet. The commercial center is intended for a variety of uses, including retail, restaurant, and financial institution.

Background

The subject site is located at the southwest intersection of Lawrence Expressway and Duane Avenue. It is surrounded on 3 sides by roadways, with Stewart Drive running along the western boundary. To the north of the site, across East Duane Ave, are an office R&D building and an auto service station with a car wash. To the northeast of the site, across Lawrence Expressway, is a high density residential complex (Avalon at Silicon Valley). To the east of the site, across Lawrence Expressway, is a commercial shopping center which includes restaurant uses. Abutting the site to the south is a hotel (Residence Inn). Across Stewart Drive to the west is a large R&D complex (AMD).

The site currently has a two-story office building which had been used primarily for office R&D uses but is currently vacant. The parking lot surrounds the building on the south, east and west sides. There is extensive landscaping surrounding the buildings, including 98 trees.

The Planning Commission public hearing was continued from March 23, 2006, at the request of the applicant to allow for further discussion with staff on the design of the solid waste enclosures, the number of trees on the site, and the breakdown of allowable restaurant usage. This resulted in the item being continued from the April 14, 2006 City Council meeting. The outstanding issues have since been resolved or clarified.

Environmental Review

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

While none of the anticipated impacts are considered significant to require project mitigations, the following less than significant impacts are noted:

Staff’s primary concern is the proposed removal of many of the existing mature trees. This may be addressed by protecting some of the trees (especially those along the southern boundary), moving some of the existing trees, and installing larger-sized replacement trees.

The proposed use is expected to increase peak hour traffic to and around the site; however, the existing points of ingress and egress, which will be maintained, are expected to be able to handle the additional capacity. The impact of the anticipated increase in traffic will be addressed through collection of an impact fee to fund future programs to address transportation issues along the Lawrence Expressway corridor.

The required Stormwater Management Plan will address issues associated with additional hardscape.

The proposed commercial center will result in additional sources of evening light and noise on the site. The extent of impact of both of these issues is limited by the City’s Municipal Code. The lighting plan will be reviewed during the Building permit stage.

Rezoning

Change under Consideration: The applicant is requesting a Re-Zone from Industrial and Service (MS) to Industrial and Service with a Planned Development overlay (MS-PD).

Discussion of Rezoning: The applicant is requesting a Planned Development Combining District (PD) in conjunction with the existing MS zoning for the site. The request does not change the allowable uses on the site but instead is a common tool utilized throughout Sunnyvale for the development of infill and small lot development projects. PD is intended to allow for flexibility in meeting the City's development standards and in some instances to place stricter controls on new development. The applicant may propose deviations to the zoning standards through the requested Special Development Permit. A common deviation proposed in the PD is reduced setbacks.

The proposed rezone is appropriate in that it does not change the allowable uses on the site, but allows for minor modifications from the Zoning Code requirements, such as deviations to the front setback and frontage landscape requirements. For example, the applicant has proposed a 10 foot front yard setback instead of the required 35 feet. The applicant had initially requested a zoning change to Commercial; however, this would have also required a General Plan Amendment to maintain consistency between the General Plan and the Zoning Map. As the intent of the shopping center could be met by maintaining the Industrial zoning, the applicant modified their request to include a Planned Development (PD) overlay.

Below are the City Council Policy Guidelines from 1998 for approving a PD zoning request

To facilitate development or redevelopment of a site to improve the neighborhood. (The PD facilitates the development of the commercial center while meeting the General Plan goals for the site.)
To allow for a proposed use that is compatible with the neighborhood but requires deviations from development standards for a successful project. (While locating parking along the perimeter would remove the need for the setback deviations, recent market research indicated that the proposed layout is more likely to appeal to potential customers.)