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

A Planning Commission study session was held on the item on March 10, 2003. At that time, the Planning Commissioners expressed concern over the following issues related to the project: parking, setbacks, height and size of the units, architecture and site design.

The item was originally continued to the April 14 Planning Commission hearing, due to concerns with design and proposed deviations of the project. The applicant requested further continuance to the April 28 for additional time to address staff concerns of parking and a centralized trash/recycling enclosure.

The proposed project consists of the demolition of the existing apartment buildings and construction of twenty-four townhouse units. The project would contain 4 one-bedroom units, 16 two-bedroom units (two styles) and 4 three-bedroom units. The units will be located in four buildings that are three stories in height. A private street will extend the length of the site providing access to private garages for each unit. Unassigned parking provided for guests will be located in three sections of the site as noted on the site plan. The north side of the lot will be landscaped and provide backyard areas for the units at the rear of the site. The eight units of the two smaller buildings will also have private front yard areas. Since the Planning Commission Study Session, the applicant has redesigned the site to accommodate the need for sufficient parking and a centralized trash and recycling enclosure.

A Negative Declaration has been prepared in compliance with the 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 3, Initial Study).

Change Under Consideration: The subject property is located within the R-3 (Medium Density Residential) Zoning District. The applicant is requesting the addition of a PD (Planned Development) Combining District requiring a Rezone to R-3/PD.

Objective: This rezoning request is being made to allow the applicant to concurrently apply for a Special Development Permit (SDP) to construct the proposed 24-unit townhouse units. 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.

The project involves the subdivision of two properties into twenty-four lots, requiring deviations from the requirements of 8,000 sq. ft. per lot and 120 linear feet in lot width. These deviations will be necessary to create separate owner-occupied lots while providing good site and building design.

Discussion: The PD Combining District enables the consideration of deviations from the Code and/or imposition of more restrictive requirements. The surrounding properties are predominately developed with either apartments or varying types of multi-unit development. The PD combining district provides flexibility in formulating a project that is promotes transition and reinvestment of the neighborhood and in allowing townhouse-style ownership housing.

Use: The proposed use consists of medium density attached ownership housing. The density is 27 du/acre where 27 du/acre is the maximum allowed by the General Plan. The zoning of the site allows up to 24 du/acre with a 15% density bonus for the provision of BMR units. The Housing and Community Revitalization Sub-element has a policy that "all new residential developments should build at least 75% of the permitted zoning density." (Policy A.2)

The proposal consists of four 3-bedroom units, sixteen 2-bedroom units, and four one-bedroom units. The three bedroom units will be approximately 1,987 s.f. including a two-car garage. The two bedroom units will range from 1,470 to

1,5200 square feet including a one-car garage. The one-bedroom units will be approximately 1,328 square feet with one-car garages.

At the study session held on March 10, 2003, the Planning Commission reviewed a proposal that included four 3-bedroom units and twenty two-bedroom units. The applicant has reduced the size of four of the units by approximately 70 square feet (Floor Plan A) and has converted a bedroom into a study. A closet from this room has also been removed. This change was initiated in an effort to meet current parking standards. However, staff does not feel this adequately addresses the requirement in that the proposed floor plan does not represent a typical one-bedroom design. Condition of Approval #6 requires that a re-design of the project shall be submitted prior to issuance of a building permit that indicates conformance to the required parking. This may include a redesign of the site or size of the units, or a reduction in the number of units.

Site Layout: The applicant proposes to construct four buildings on the site. An earlier site plan had indicated three buildings. The most recent plan has the larger building broken into two smaller structures of equal size. Although, the plan indicates no loss in the quantity of units, the size of the units has been reduced and reconfigured to allow a trash/enclosure to be placed in between. This alteration allows the site to meet the centralized enclosure requirement and break up the long roof of the originally proposed building at the rear of the side. These larger buildings would be situated along the rear of the site, while two smaller buildings are situated in front of the site. A two-way driveway/street that runs through the site can be accessed from two locations along Carmel Avenue.

The proposal includes deviations from the R-3 lot size and lot width. Staff supports the reduced lot size and lot width of each individual lot in order to facilitate the townhouse development, which would create home ownership opportunities.

The proposed development meets lot coverage standards at 33%. Deviations from individual lot coverage and interior side yard setbacks are common for attached units. The project has a combined side yard setback of 12 feet where 15 feet is required. As the building and property line do not lie parallel to each other, only a corner of the building encroaches into the required setback. At the northeast corner of Building A, the structure is setback 10 ft. 6 in. See the "Site Plan" in Attachment #4 for more clarity.

The following Guidelines were considered in analysis of the project site design.

The project offers four different floor plans. (See Attachment 4) Unit A is the smallest unit available with 1,328 square feet (including one-car garage) and has one bedroom. There are four units for plan B and twelve units for plan C. These units are approximately 1,470 square feet and have two bedrooms with a one-car garage. The largest floor plan is Unit D at 1,937 square feet, which includes a two-car garage and three bedrooms. There are four units with this floor plan. Many of the units include a bonus room. Staff does not consider these additional rooms as bedrooms as they do not offer a closet as defined by Building Code. These rooms are located near the garage and do not have a bathroom on the same floor.

The project utilizes a gable roof element throughout the proposed structure. Each gable will utilize board and batten siding. The majority of the structure consists of stucco material for siding. The roof material will consist of 50-year dimensional composition.

Varying shades of beige or brown will be utilized for each story. Brackets and window trim also add visual interest to the façade of the structures. Changes in wall plane break the massing of structure. The hipped roof element may aid the perceived building height facing Carmel Avenue.

Balconies are situated on the second story of the two buildings at the rear. Originally, the project indicated a six-foot redwood style fence in front of the Units C and D. A five-foot wood fence with decorative arbors around the gates will be utilized to improve the street presence of the site. Paved walkways will lead up to the units from the sidewalk. An elevation is provided in Attachment #3. A homeowners association will provide for any necessary repairs and maintenance of the fencing.

The height requirement for properties located in the R-3 Zoning District is 30 feet. The height of the proposed building has been reduced from 36 feet to 34 feet and 8 inches in response to the Planning Commission review of the project at their Study Session.

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

A tree protection and a landscaping/irrigation plan with types, quantities and sizes of trees and shrubs is recommended before issuance of a building permit (See Condition of Approval #15). The applicant has submitted a preliminary Tree and Landscaping plan that indicates a preliminary proposal for trees and other vegetation. (Attachment #4) The project includes the installation of 56 trees of varying species throughout the site. There are four cork oak street trees located at the site. Due to the proposed location of the driveway, one of these trees will be removed. This specific tree is in declining condition. However, staff requires the applicant to replace this street tree. The trees will be located at the front of the site and situated between the buildings and parking lot. Trees will also be added to the interior of the site to increase shading of the private street area.

Sunnyvale Municipal Code 19.38.070 requires that a fifteen foot landscaped frontage be provided on site. This area may include sidewalks and be crossed by access drives and parking areas. The project does not meet that requirement at portions of the site. However, the site ranges from eight to thirty-four feet in certain sections of the site.

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

Street parking will be prohibited along the private street due to the street width. Staff recommends Condition of Approval #23 requiring that all curbs along the private street and driveway be designated as "no parking" and marked as a red curb.

Trash Enclosure: Sunnyvale Municipal Code 19.38.030 states that multi-family uses require a centralized trash and recycling enclosure for the site. A previous plan requested that each unit provide individual containers for this requirement. The applicant has re-submitted a plan that would allow for a centralized enclosure that meets Municipal Code requirement for multi-family projects. The trash/recycling enclosure is located between the two larger buildings at the rear of the lot. Each unit is located no more than 150 feet from this location.

Easements/Undergrounding: A ten-foot Public Utility easement runs through the rear of the site. The easement prohibits any buildings to be constructed within this area. Development is limited to surface parking, landscaping, and fences within this area. Per Condition of Approval #12, all utilities shall be placed underground.

Tentative Map

General: The tentative map proposes the subdivision of the two existing parcels into twenty-four parcels, plus one common lot. The proposed parcels do not meet the required minimum lot size (8,000 sq. ft.) or the established frontage requirement (120 ft.) for parcels in the R-3 Zoning District. However, the proposed parcel sizes and configuration may be permitted through the PD Zoning designation. The lot sizes and configuration are consistent with similar townhouse developments found throughout Sunnyvale and are necessary to support the typical townhouse development pattern. Therefore, staff supports the requested deviations in minimum lot size and street frontage.

Access: The townhouse units are provided access through the use of a private street that runs through the middle of the site. Two driveways are provided for entering and exiting of the site to Carmel Avenue.

Park In-Lieu Fee: The developer will be required to pay Park In-lieu fees prior to approval of the Final Map by the Director of Public Works (See Tentative Map Planning Division Condition of Approval #6).

The property manager is currently working with the Housing Officer to provide a tenant relocation assistance plan for the residents of the existing apartment building. A proposed plan is under review and is listed in Attachment #7. Condition of Approval #7 requires that a relocation assistance plan be approved by the Housing Officer and Director of Community Development prior to issuance of building permits.

As stated in the Housing and Community Revitalization Sub-Element, the tenant relocation plan could include: (1) favorable rental or purchase arrangements after work is completed, (2) location of vacancies in similar housing, (3) Encourage the development of ownership housing to maintain a majority of housing in the City for ownership choice. (4) no rent increases upon application and until relocation is secured, (5) right of first purchase refusal, (6) reduced price options, and (7) assistance in locating new housing.

As proposed, the tenant relocation program would include the following assistance programs to existing tenets:

• contact information of local apartment complexes,
• meet with local landlords and negotiate rental discount for tenants leaving Sun Pacific Apartments
• hiring of a relocation specialist to assist tenant relocation
• full refund of security deposit provided no wanton damage occurred to property
• notification of development plans and 60 day notice of need to relocate
• provide contact information for any existing rental assistance and BMR home purchasing program available through the City of Sunnyvale

As previously noted, the City’s Housing Officer will review and approve the final relocation assistance pan. A copy of the preliminary proposal is listed in Attachment 7.

Staff believes that the deviations will allow for the development of a high quality multi-family residential ownership project in an older primarily rental neighborhood. The project provides additional multi-family home ownership opportunities while maintaining compatibility with the scale of adjacent multi-family residential uses. The architectural detail provides some individuality in design while maintaining the overall residential character of the existing streetscape.

There are no significant traffic or noise impacts expected with the project. The new structure will be three stories, and therefore the most significant impact from the street and neighboring properties will be visual. Staff believes the architectural style is suitable for the neighborhood.

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

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

The applicant has sent a letter to each of the current residents of the apartment building. They have been notified of the pending project to redevelop the site. The applicant has also noticed adjacent neighbors regarding the proposed redevelopment of the site.

1. Adopt the Negative Declaration and introduce an Ordinance to Rezone the site from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map) with attached conditions.
   
2. Adopt the Negative Declaration and introduce an Ordinance to Rezone the site from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map with modified conditions.
   
3. Adopt the Negative Declaration and do not introduce an Ordinance to Rezone from R-3 to R-3/PD the site and deny the Special Development Permit and Tentative Map.
   
4. Do not adopt the Negative Declaration and direct staff as to where additional environmental analysis is required.

Recommend Alternative 1.

Prepared by:

Ryan M. Kuchenig
Project Planner

Reviewed by:

Fred Bell
Principal Planner

Reviewed by:

Trudi Ryan
Planning Officer

In order to approve a rezoning request the City Council is required by Zoning Code Section 19.92.050 to make a finding that "the amendment, as proposed, changed or modified is deemed to be in the public interest." The proposed Rezoning is consistent with this finding because it is consistent with the General Plan land use designation and assists the city in meeting its housing goals by essentially converting 24 rental housing units to ownership units.

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale as discussed below:

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 site meets the City-Wide Design Guidelines. The project will be a benefit to the neighborhood and is compatible with the existing density and architecture of the surrounding area. The project provides internal orientation and is visually connected to surrounding properties through the proposed landscaping and building site design.

The City Council or Planning Commission shall deny the Tentative Map if it makes any of the following findings:

1. That the subdivision is not consistent with the General Plan.
   

2. That the design or improvement of the proposed subdivision is not consistent with the General Plan.
   

3. That the site is not physically suitable for the proposed type of development.
   

4. That the site is not physically suitable for the proposed density of development.
   

5. That the design of the subdivision or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
   

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
   

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

8. That the map fails to meet or perform one or more requirements or conditions imposed by the "Subdivision Map Act" or by the Municipal Code.

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 density 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.

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In addition, to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Permittee expressly accepts and agrees to comply with the following conditions of approval of this Permit.

1. Execute a Special Development Permit document prior to issuance of the building permit.
   
2. Reproduce the conditions of approval on the plans submitted for building permits.
   
3. If not exercised, this Special Development Permit shall expire two years after the date of approval by the final review authority.
   
4. The Final Map must be approved prior to issuance of the building permit.
   
5. This Special Development Permit is valid only in accordance with the approved plans. Any major use, site or architectural modifications shall be treated as an amendment to the original approval, and shall be subject to approval at the public hearing before the Planning Commission. Minor modifications may be approved by the Director of Community Development.
   
6. Specific Deviations allowed with this Special Development Permit are as follows:

1. Rear yard setback of 12 ft.
2. Combined side yard setback of 12 feet.
3. Three-story building
4. Height of 34 feet
5. Landscape frontage of 8 feet in certain locations noted on site plans

1. The original sales price of ownership BMR units shall comply with sales prices established by City Council.
2. Developer shall offer said BMR units for sale only to persons qualified under the terms of Sunnyvale Municipal Code Chapter 19.66, as amended. Offers shall be in writing and shall be held open for no less than 90 days.
3. Following acceptance of an offer of sale, developer shall execute all necessary sales documents, and shall use its best efforts to complete each sale transaction.

1. A tree protection plan shall be submitted for any existing trees on the site or adjacent right-of-way. Where possible, trees shall be protected and saved. Provide an inventory and valuation of any trees proposed to be removed prior to issuance of building permits.
   
2. Any protected trees, (as defined in SMC Section 19.94) approved for removal, shall be replaced with a specimen tree as approved by the Director of Community Development.
   
3. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration, and minimize the use of fertilizers and pesticides that can contribute to water pollution.
   
4. Where feasible, landscaping shall be designed and operated to treat stormwater runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.
   
5. Pest-resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscaped area.
   
6. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible.
   
7. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
   
8. All areas not required for parking, driveways or structures shall be landscaped.

22. 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.
    
23. Submit details and specifications of all exterior lighting to be used on each house or in the front yards for review and approval by the Director of Community Development. Lighting plan should include:

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

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

3. Seal and cap all septic tanks and irrigation systems in accordance with Building Safety regulations.

1. This project is subject to, and contingent upon, the recordation of a Tract Map. Said Tract Map shall have adequate reservations of public and/or private utility, ingress/egress easements and/or abandonment of existing easements to the satisfaction of the Public Works Director. Tract Map shall be recorded prior to any permit issuance.
   

2. This project is subject to, and contingent upon, the recordation of a Tract Map. Said Tract Map shall have adequate reservations of public and/or private utility, ingress/egress easements and/or abandonment of existing easements to the satisfaction of the Public Works Director. Tract Map shall be recorded prior to any permit issuance.
   

3. The developer shall pay all Public Works development fees associated with the project, including but not limited to; utility frontage and/or connection fees and off-site improvement plan check and inspection fees, prior to any permit issuance.
   

4. The interior private access road and the parking area shall be designated as a letter lot on the Tract Map.
   

5. This project requires dedication of private access road as emergency vehicle ingress-egress easement.

6. No permanent structures are allowed within any of the public/private easement limits.
   
7. The developer shall provide calculations of peak dry-weather sanitary sewer flow generated by the new development. Existing sanitary sewer line fronting the project site shall be evaluated (video inspection and/or flow measurement or other methods acceptable with the City) to ensure adequate accommodation for the new development.
   
8. Sanitary sewer lines on private access road serving two lots or more shall be designated as public sewer system and be maintained by the City with appropriate easement dedicated to the City on the Tract Map.
   
9. Water lines on private access road shall be designated as public water system and be maintained by the City with appropriate easement dedicated to the City on the Tract Map. A separate water meter shall be provided for each lot.
   
10. The existing fire hydrant on Carmel shall be upgraded to City’s current standards.
    
11. The on-site drainage shall be privately owned and maintained. The fire and domestic water systems shall be privately owned and maintained beyond the meter.
    
12. Connect to all City utilities or private utilities operating under a City franchise which provides adequate levels of service.
    
13. Obtain Public Works approval of plans for utility line extensions, utility connections, meter locations, driveways, sidewalks, etc.
    
14. Curbs, gutters, sidewalks, streets, utilities, traffic control signs, electroliers (underground wiring) shall be designed, constructed and/or installed in accordance with City standards prior to occupancy. Plans shall be approved by the Department of Public Works.
    
15. Construct all public improvements prior to occupancy.
    
16. Any on-site monitoring wells shall be protected in place and/or abandoned to the satisfaction of the well owners and/or the Santa Clara Water District.
    
17. The developer is required to pay for all changes or modifications to existing city utilities, streets and other public utilities within or adjacent to the project site caused by the development.
    
18. 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).
    
19. All utility companies (for non-City owned utilities) shall be contacted to establish appropriate easements to provide services to each lot.
    
20. Any existing deficient public improvements shall be upgraded to the satisfaction of the Director of Public Works.
    
21. All existing utility lines and/or their appurtenances not serving the project and/or have conflicts with the project, shall be capped, abandoned, removed, relocated and/or disposed to the satisfaction of the City.
    
22. Any landscaping proposed within a public utility easement is subject to approval by the Director of Public Works and Director of Community Development.
    
23. All landscape and irrigation systems, located in the park strip areas shall be connected to the water system metered to the property owner.
    
24. An "Occupancy Permit" shall be required for all private facilities (such as signs, walls, lighting, landscaping, curbs, parking facilities, etc.) located within the public right-of-way, to the satisfaction of the Director of Public Works and the Director of Community Development.

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.

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