PROJECT DATA TABLE

This item was continued from the June 26, 2000 Planning Commission Meeting. The continuance was requested by the applicant prior to the meeting to allow time to address comments received at a Study Session held with the Planning Commission on June 12, 2000.

Previous Actions on the Site: There are no previous planning actions related to the subject site.

The proposed project involves subdividing the existing lot into two parcels. The existing house and garage will be demolished and two new two-story houses will be constructed on the site, with one house occupying each new parcel. Both lots will share a common driveway on the western edge of the site. The house on Lot 1 will be located at the front of the site and will have a total of 1,855 sq. ft. including the garage. The house on Lot 2 will be located at the rear of the site and will have a total of 1,850 sq. ft. including the garage. Both lots exceed the required landscape requirements and Lot 2 has 750 sq. ft. of usable open space, exceeding the minimum usable open space requirement of 500 sq. ft. Staff has included as Condition of Approval 6.C. a requirement that the usable open space for Lot one equal a minimum of 500 sq. ft. The requested deviations include lot size and width, setbacks and garage size.

A Negative declaration has been prepared in compliance with the California Environmental Quality Act provisions, as amended in Resolution #193-86. The site is developed and therefore already disturbed.

Change Under Consideration: The subject site is located within an R-2 (Low-Medium Density Residential) Zoning District. The applicant is requesting the addition of a PD (Planned Development) overlay for a Rezone to R-2/PD.

Objective: The purpose of the Planned Development Combining District is to provide modifications, additions and limitations to other Zoning districts to meet special conditions and situations. In 1988, the City Council approved guidelines for the use of PDs and Special Development Permits (SDPs). The subject request for a PD meets all of the three applicable established guidelines, as described below.

• To facilitate development or redevelopment of a site to improve the neighborhood. (Meets)

• To allow for a proposed use that is compatible with the neighborhood but requires deviations from development standards for a successful project. (Meets)

• To allow for the development and creation of lots that are less than the minimum size required in the base Zoning district. (Meets).

The project involves the subdivision of one property into two, requiring deviations from the requirements of 8,000 sq. ft. per lot and 76 linear feet in lot width. These deviations are necessary to create a separate owner-occupied lot while providing adequate parking and maneuvering area for both lots.

Discussion: The property may be Rezoned to include the PD Combining District in absence of a specific project or approval of a specific project. The PD Zoning enables the consideration of deviations from the Code and/or imposition of more restrictive requirements.

The surrounding properties are mixes of duplexes, apartments, and single family homes. The PD Combining District provides flexibility in designing a project that is consistent with the varied character of the immediate neighborhood. Due to the variety of housing styles and lot shapes, staff finds that the proposed Zoning is appropriate for the site.

Use: A Special Development Permit is required in conjunction with all sites that have a PD Combining District. This permit addresses the use, building architecture and site layout as well as specific deviations requested in the project. In 1988, specific guidelines were adopted by the City Council for approval of small-lot single family projects. The project meets all three of the established guidelines.

Projects with lots less than 4,200 sq. ft. should maintain an overall project FAR of 50 percent. (Meets); (Project proposes 49% FAR)

Useable open space should total 500 sq. ft. or greater with dimensions of 15 feet or greater in any direction; (Meets through Condition of Approval 6.C.)

The exterior boundaries of a proposed project adjacent to existing residential development should maintain the maximum required second story side yard setbacks along the side adjacent to the existing homes. (Meets)

The density of the proposed project is 11.6 units/acre, meeting the housing goal of achieving at least 75 percent of the maximum allowable density. The proposed use consists of two single family homes with attached garages. Both homes obtain access from the driveway at the west side of the property.

The new homes will have a gross floor area of 1,855 sq. ft. and 1,850 sq. ft for lots one and two respectively. The FAR for both lots is 49 percent, meeting the guideline of 50 percent FAR for the site. The applicant has worked with staff to reduce the size of the homes to allow additional open space. Condition of Approval 6C will require that usable open space of 500 sq. ft. minimum is provided for Lot 1.

Site Layout: The proposed site layout is similar to other developments along Beemer Avenue. Due to the narowness of the lots along the street, duplexes or triplexes typically have one building constructed behind the other. This project will imitate that pattern, with one new home located behind the other.

For Lot 1, the applicant has requested a deviation in the front and side yard setbacks. The standard front yard setback is 20 feet. The proposed project includes a setback of 19 feet to the building and 13 feet to a covered front porch. The standard side yard setback is 4 feet. The proposed project includes zero setback from the lot line for the garage on the east side of the site. The back side of the garage would be adjacent to a portion of the rear yard of the adjacent property (as shown in Attachment 5, pg. 6). Due to the narrowness of the lot, staff finds the location of the garage is necessary to provide adequate room for parking and backup distance while providing usable open space for the home. The existing garage on the west side of the property currently has a zero lot line setback. This type of zero lot line setback was also approved in 1999 for another property on Beemer Avenue (323 Beemer Ave.). The house on Lot 1 will meet all other setback requirements.

For Lot 2, all the setback requirements meet the R-2 Zoning standards. A proposed covered deck of 108 sq. ft. will be set back 9 ft. from the detached garage on Lot 1. The back yard provides 750 sq. ft. of usable open space.

Staff has worked with the applicant to reduce potential solar impacts in compliance with the requirements of the Zoning Code by increasing the side yard setback and reducing the height and pitch of the roof for in the unit on Lot 2. The following Guidelines were considered in analysis of the project site design.

Architecture: The existing house is a small bungalow-style single story structure with few architectural features. The front façade features wood siding and a medium pitched roof.

The proposed home on Lot 1 will feature stucco on the first floor, with wood siding on front and side elevations of the second story. A shingle roof with covered porch and decorative wood columns are additional distinctive features.

To add contrast to the design of the home on Lot 1, the proposed home on Lot 2 will feature wood siding on the front and side elevations of the first floor, with stucco on the second floor. A shingle roof with covered porch and decorative wood columns provide similar design features to the home on Lot 1.

Privacy: Staff has worked with the applicant to position second story windows to minimize potential privacy impacts for adjacent residences. For Lot 1, the second story side windows provide views onto the roof and side yard of the adjacent home to the east. Views into the back yard of the adjacent property are minimized from the rear window of the house on Lot 1 due to the placement and slope of the garage roof. Privacy impacts on the existing duplex to the west are minimized from lot 1 due to window placement and the 19-foot side yard setback.

The height of the garage roof is approximately 18.5 feet, a typical height for a one-story structure. The view of the garage from the neighboring property will consist of the stucco wall of the garage and the roof. The placement of the garage also helps to create privacy for the residence to the east by blocking views of the backyard from the first and second stories of the proposed home on Lot 1.

For Lot 2, potential privacy impacts on the property to the west have been reduced by providing small windows located high on the interior wall. On the east side of the building, a 14-foot setback helps to reduce potential privacy impacts.

To the rear of Lot 2, the project faces the parking area of a two-story apartment complex. No substantial privacy impacts on this property are anticipated as a result of the proposed project.

Staff believes that the design of the proposed structures and the proposed window placement will help to reduce potential privacy impacts on surrounding properties. However, staff is recommending Condition of Approval 9.A. requiring that trees or tall shrubs be planted along the side and rear property lines to enhance the privacy of both the subject site and the adjoining properties.

The following Guidelines were considered in the analysis of the project architecture.

Landscaping: SMC Section 19.46.050 requires a minimum of 850 sq. ft. of landscaping per dwelling unit and 500 sq. ft. of usable open space per dwelling unit. Both lots exceed the landscaping requirement. Lot two exceeds the usable open space requirement and Condition of Approval 6.C. will require that a minimum of 500 sq. ft. of usable open space is provided for Lot 1.

Staff has also provided Condition of Approval #9, requiring that the applicant develop a landscape plan which provides trees and tall shrubs to minimize potential privacy impacts.

Parking/Circulation: The project site currently has a one-way driveway leading to a one-car detached garage that is set back from the street and located on the west side of the site with zero setback from the property line. The project proposal includes demolition of the garage and construction of a new attached two-car garage for each of the new homes. Both units will have two additional uncovered parking spaces in the driveway in front of the garage. Both garages meet the current minimum parking dimension requirements of 18 feet in depth by 17 feet in width. However, they both fall short of the current standard of 400 sq. ft. in area by approximately 77 sq. ft. The dimensions of both garages have been kept to a minimum due to the narrow size of the lot and to allow adequate parking spaces in front of the garages with adequate backing area from the parking spaces into the driveway. The reduced garage size also allows the applicant to provide additional open space on Lot 2. Conditions of Approval #10 and #11 require that the garages be kept clear for the parking of two automobiles and that raised cabinets and other elevated storage space be provided to increase usable storage space. An access easement would allow the driveway to be shared by both homes. Cars parked on both lots would be required to back out from the driveway to the street.

Tentative Map

General: The proposed project requires the subdivision of the existing property into two lots. Lot 1 will be 3,750 sq. ft. and lot 2 will be 3,750 sq. ft.. The lots will have substandard widths of 6 feet and 44 feet due to the lot configuration.

Access: Both lots will obtain access from a single driveway located at the west side of the site. This driveway is split by the proposed property line, requiring a mutual use easement. Staff is recommending Condition of Approval A.4. (Planning Division, Tentative Map) requiring that an ingress/egress easement be recorded with the City of Sunnyvale allowing access to the driveway. A maintenance agreement shall also be recorded with the Tentative Map.

Each of these deviations has been discussed in the Special Development Permit and Tentative Map sections. The applicant has modified the design of the project in accordance with staff recommendations to provide additional architectural detail, reduced shadow impacts, increased usable open space, and larger setbacks. The recommended Conditions of Approval will ensure that the project will meet the suggested minimum standards for small-lot single family residential developments, including a FAR of less than 50%, useable open space with a minimum of 500 sq. ft. and 15 ft. in any dimension, and compliance with established second story setbacks adjacent to residential uses. Staff can make the findings that the proposed building and lot deviations are justifiable and the project will be a benefit to the neighborhood.

The following goals and policies were considered to determine conformance with the General Plan.

The proposed project will lead to an increase in the intensity of use of the site, but no significant traffic or noise impacts are expected as a result of the project. The main impact will be visual, as two new two-story houses will change the look of the site from the street and the surrounding properties. As discussed in the Site Layout and Architecture sections, the project meets the requirements for solar shading and staff finds that the new proposal will not create a significant privacy impact for the adjoining neighbors. Conditions of approval requiring additional screening trees and landscaping will assist in mitigating remaining privacy concerns. Staff also finds the architectural style suitable for the existing neighborhood.

Special Development Permit - In order to approve a Special Development Permit, either of the following findings must be made:

• Staff was able to make the required Findings based on the justifications for the Special Development Permit. The Findings are located in Attachment 1.

Tentative Map – The City Council, Planning Commission, or Director of Community Development shall deny the Tentative Map if it makes any of the following findings:

• Staff was able to make the required Findings based on the justifications for the Tentative Map. The Findings are located in Attachment 1.

Conditions of Approval

As part of the review process, staff may recommend Conditions of Approval be placed on an application. These conditions clarify or modify the applicant's proposal in order to meet requirements imposed by the Municipal Code, policies and standards set forth by the General Plan, Special Plans and the City Council and other specifications that staff believes will enhance the visual character and/or add greater diversity to the City. The recommended Conditions of Approval are located in Attachment 2.

• Staff is recommending approval for this project based on the Findings (Attachment 1) and subject to the Conditions of Approval (Attachment 2).

No fiscal impact other than normal fees and taxes are expected.

Notice of the public hearings for this project was published in the Sun newspaper, posted on the site and mailed to the property owners within 300 feet of the project site. Staff has received two inquiries based on the public notice that was provided for this project.

The staff report for this project was posted on the City of Sunnyvale's Website and a copy of the report was provided at the Reference Section of the City of Sunnyvale's Public Library. The Planning Commission Agenda was posted on the City of Sunnyvale's Website and recorded for SunDial.

1. Affirm the Negative Declaration and approve the Rezone, Special Development Permit and Tentative Map in accordance with conditions.
2. Affirm the Negative Declaration and approve the Rezone, Special Development Permit and Tentative Map with modifications.
3. Affirm the Negative Declaration and deny the Rezone, Special Development Permit and Tentative Map.
4. Do not affirm the Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative 1.

Prepared By:
Paul Spence, Project Planner

Reviewed By:
Fred Bell, Principal Planner

Reviewed By:
Trudi Ryan, Planning Officer

Attachments:

1. Findings

2. Conditions of Approval

3. Negative Declaration

4. Draft Rezoning Ordinance

5. Site and Architectural Plans

6. Photographs of the Project Site

7. Project Description and Justifications Provided by the Applicant

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale as the project promotes single family and owner occupied housing in an area with both ownership and rental housing. The neighborhood is a mix of duplexes, apartments and single family houses and the proposed development will be compatible with the existing pattern of development along Beemer Avenue.

2. The proposed use ensures that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties as the proposed architecture meets the City-Wide Design Guidelines and will be a benefit to the neighborhood. In addition, the new homes will be developed within a lot pattern similar to others in the area.

The subdivision, together with the provisions for its design and improvements, is consistent with the objectives, policies, general land uses and programs of the General Plan. The project, in conjunction with an approved Special Development Permit, meets the overall densities allowed in the zone and supports a land use that is compatible with the surrounding neighborhood. The project also meets the goals and policies of the General Plan, as enumerated above.

In addition to complying with applicable City Codes, Ordinances and Resolutions, the following conditions of approval are imposed.

1. Execute a Special Development Permit document prior to issuance of the building permit.
2. This Special Development Permit shall expire within two years after the date of approval by the final review authority.
3. Reproduce the conditions of approval on the plans submitted for building permits.
4. This Special Development Permit is valid only in accordance with the approved plans allowing the development of two new single family homes on two lots. Any major use, site or architectural, modifications shall be treated as an amendment of the original approval, and shall be subject to approval at a public hearing before the Planning Commission. Minor modifications shall be approved by the Director of Community Development.
5. Specific deviations allowed with this Special Development Permit are as follows:

1. Lot sizes of 3,750 sq. ft.
2. Lot widths of 6 ft. and 44 ft.
3. Side setback of 0 ft. for the detached garage on Lot 1.
4. Front yard setback of 13 ft. to the covered porch.
5. Garage dimensions of approximately 323 sq. ft. for both units as shown on the plans.

6. The homes shall meet the following standards:

1. The project must maintain the first and second story side yard setbacks as shown in the attached plans.
2. The project shall remain at an overall FAR of 50 percent or less, as per the small-lot development guidelines adopted by City Council.
3. The applicant shall increase the usable open space on Lot 1 to a minimum of 500 sq. ft. with a minimum dimension of 15 ft. in any direction.
4. All existing and proposed overhead service drops shall be undergrounded from the building to the nearest off-site pole prior to occupancy.
5. During any construction, grading and demolition on the site, the hours of operation shall be limited to between 7:30 a.m. and 6:00 p.m. weekdays, 8:00 a.m. and 5:00 p.m. on Saturdays and such activities shall be prohibited on Sundays and national holidays.

7. Submit exterior materials and colors for review and approval by the Director of Community Development prior to issuance of a Building Permit.
8. Roofing materials and colors shall be approved by the Director of Community Development prior to issuance of the Building Permit.
   
   Landscape and Site Plans

9. Landscape and irrigation plans shall be submitted for review and approval by the Director of Community Development prior to the issuance fo a Building Permit. Landscaping and irrigation shall be installed prior to occupancy. The Landscape Plan shall include the following elements:

1. Trees and tall shrubs shall be planted adjacent to the side and rear property lines in an effort to screen the project from adjacent residential properties.
2. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
3. All areas not required for parking, driveways or structures shall be landscaped.
4. A minimum of four new trees shall be planted on-site, of which, 50 percent shall be 24-inch box size or larger and no tree shall be less than 15-gallon size.
5. Fencing design and colors shall be approved by the Director of Community Development prior to issuance of the building permit. Wherever the grade differential is one foot or higher, a concrete or masonry retaining wall shall be installed.

10. Two-car garages shall have minimum internal floor dimensions of 17 feet in width and 18 feet in depth. This area shall be kept clear at all times for the parking of 2 automobiles.
11. The garages for both units shall provide raised cabinets and other elevated storage areas to increase usable storage space.
12. All covered and uncovered parking spaces shall be maintained at all times to allow for the parking of automobiles.
13. Unenclosed storage of any vehicle longer than 18-feet intended for recreation purposes shall be prohibited on the premises.

1. The Tentative Map shall be valid for a period of two years, measured from the date of approval by the final review authority.

2. The Tentative Map shall be applicable only in conjunction with a valid Special Development Permit.

3. Building Permits for the lot or lots within a recorded Final Map may be issued only in accordance with a valid Special Development Permit.
   
4. An ingress/egress easement and maintenance agreement shall be submitted to the Planning Division for review and approval.
   

5. Any proposed Deeds, Covenants, restrictions and By-Laws relating to the subdivision shall be submitted for review and approval by the Director of Community Development and the City Attorney.

6. At the expense of the subdivider, City forces shall install such street trees as may be required by the Public Works Department.

7. Prior to final approval of the Final Map by the Director of Public Works, the "In-Lieu Park Dedication Fee" shall be paid in accordance with MCS 18.10.

1. Obtain Grading Permits as required (MCS 16.12.010).

2. Provide soils report prepared by a licensed soils laboratory (Res. 193-76).

1. Record a Final Map.

2. Connect to all City utilities or private utilities operating under a City franchise which provide adequate levels of service.

3. Public Works approval of plans for utility line extensions, utility connections, meter locations, driveways, sidewalks, etc.

4. The on-site drainage and sanitary sewer systems shall be privately owned and maintained. The fire and domestic water systems shall be privately owned and maintained beyond the meter.

5. Individual water services and meters shall be provided to each lot.

6. Construct all public improvements prior to occupancy.

7. Existing and proposed on-site and street frontage electrical, telephone and cable TV services shall be placed underground or removed prior to occupancy (MC 19.46.060).

8. Post labor/material bond and faithful performance bond for the full cost of all off-site public improvements (MCS 12.08.020).

9. Developer shall enter into a Subdivision Agreement and post bonds for all off-site work prior to action on Final Tract Map.

10. Dedicate public utility easements at lot frontages as required by the utility companies.

11. Installation of the water system shall conform to City standards and shall be part of the City (or franchised utility) system up to the master water meter serving the project. The water system shall be privately owned and maintained beyond the meters.

1. Comply with the Sunnyvale Fire Prevention Code (MC 2099-84; Title 19 of Calif. Admin. Code Sec. 1.12(l); UFC 1982 Edition).

2. The water supply for fire protection and fire fighting systems shall be installed and operational prior to any combustible construction on the site (MC 16.52.170).

1. Pay School Tax fees prior to issuance of a Building Permit.

PLANNING DIVISION File Number 2000-0203, 0176 & 0204
CITY OF SUNNYVALE No. 00-18
P.O. BOX 3707
SUNNYVALE, CALIFORNIA 94088-3707

This Negative Declaration has been prepared in compliance with the provisions of the California Environmental Quality Act of 1970, as amended, and Resolution #193-86.

Application for a Rezone, Special Development Permit and a Tentative Map by Thomas E. Whitford.

Application for a Rezone from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development); a Special Development Permit and a Tentative Map to allow construction of two single-family homes and to subdivide one lot into two lots. The property is located at 350 Beemer Avenue, APN: 204-50-044.

The Director of Community Development of the City of Sunnyvale, California, hereby determines that an environmental impact report is not required. There are sufficient environmental controls incorporated into the zoning regulations to ensure no significant detrimental effect.

The above determination is based on information provided by the applicant in an "Application for Environmental Clearance" and is based on the fact that the use is not in conflict with the adopted General Plan, Zoning and Subdivision Ordinance; that sufficient environmental controls are incorporated in the Zoning and Subdivision regulations as to ensure no significant detrimental effect and that no endangered species are known to depend on this site for habitat.

This Negative Declaration may be protested in writing by any person prior to 5:00 p.m. on June 22, 2000. Such protest shall be filed in the Department of Community Development, 456 W. Olive Avenue, Sunnyvale and shall include a written statement specifying anticipated environmental effects which may be significant. A protest of a Negative Declaration will be considered by the adopting authority, whose action on the protest may be appealed.

Circulated On April 26, 2000 & May 31, 2000

Signed:Gail Price, Principal Planner

Adopted On July 24, 2000

Verified:Gail Price, Principal Planner

THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT OF PRECISE ZONING PLAN. The Precise Zoning Plan, Zoning Districts Map, City of Sunnyvale (Section 19.16.070 of the Sunnyvale Municipal Code) hereby is amended in order to include certain property within the R-2/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) DISTRICT, which property is presently zoned (R-2) (LOW-MEDIUM DENSITY RESIDENTIAL) DISTRICT. The location of the property is set forth on the scale drawing attached as Exhibit "A."

SECTION 2. CEQA. The Negative Declaration which has been prepared complies with the California Environmental Quality Act, as amended, and Resolution No. 193-86. The Director of Community Development shall file a Notice of Determination with the County Clerk pursuant to Title 14, California Code of Regulations, Section 15075.

SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 4. PUBLICATION. The City Clerk is directed to cause a copy of this ordinance to be published at least once within fifteen (15) days after its adoption in The Sun, the official newspaper of the City of Sunnyvale.

Introduced at a regular meeting of the City Council held on ________________________, 2000, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ______________________, 2000, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST: APPROVED:

City Clerk

By_________________________ _____________________________

Deputy City Clerk Mayor

(SEAL)