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

The Administrative Hearing Officer originally reviewed this item on February 26, 2003. At that time, the item was put "Under Submission" to examine comments and concerns brought up at the hearing and to determine whether the site was suitable for new development. After further review with Department of Public Works, Division of Field Services, it was determined that the project could no longer be considered "Categorically Exempt" from CEQA (California Environmentally Quality Act) requirements. An initial study would be required and a hearing with the Planning Commission is required.

The applicant is proposing to subdivide a 25,310 square foot site into three lots (Parcel 1 - 6,017s.f. / Parcel 2 - 6,035s.f. / Parcel 3 - 13,259s.f.). No physical changes or new improvements are proposed with this application. The site is owned by the City and County of San Francisco. Currently, the site is utilized for public utility purposes per agreement with the City of Sunnyvale. A walkway and bikepath run through the property as part of the John Christian Greenbelt Park. The applicant proposes to utilize two of the lots for possible single family housing development and as part of a separate agreement, the remaining lot is under discussion to be leased, to the City of Sunnyvale for Public Utility purposes. A bike path will be reconfigured within this area to serve the public.

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).

Tentative Map

General: The project consists of a Tentative Map application. The site is currently Zoned R-0 (Residential Low Density). A Design Review application will be required for any proposed single-family homes on the proposed lots. These applications are conducted at staff level without public hearing; however, the noticing of adjacent neighbors is required for an application with a two-story element involved.

Easements: There is currently an 80-foot wide easement located on the north section of the property. This easement does not affect the subdivision of the lot.

Access: Each lot will have access along Manzano Way.

Right of Way: A sidewalk has already been constructed along the frontage of the site. Additional dedication of the street and utilities is required prior to filing of the Final Map and subject to the approval of the Director of Public Works.

The subdivision will result in three lots that meet standards set forth by Sunnyvale Municipal Code 19.30.020. Each lot exceeds the minimum lot size of 6,000 square feet for lots located in the R-0 Zoning District. The lot width of the proposed lots will exceed the minimum 57 feet for interior lots in the R-0 Zoning District. Any proposed homes for this site are required to meet the development standards for the R-0 Zoning District.

Expected impacts to the surrounding area are minimal. This subdivision will allow for the construction of three homes where currently no home exists. The larger parcel located on the north section of the lot is proposed to be utilized by the City of Sunnyvale for public utility purposes. The two remaining lots may be developed for single family housing. These two units will result in a very small amount of additional traffic and a visual impact on the streetscape. House design will be reviewed to assure compliance with the City-Wide Design Guidelines. No other impacts are expected.

Since the Administrative Hearing on February 26, 2003, planning staff has contacted the City of Sunnyvale Field Services Division and engineering staff to examine comments that were raised at the public hearing.

In the past, when a large storm was accompanied by a high tide, water flow in Calabazas Creek would flood the area. To control this flooding, floodwalls were constructed along the banks of the creek. The walls are intended to keep the water flow within the banks of the creek; however, high water would back up into the storm lines constructed to drain into the creek. This would result in localized flooding in this area. To eliminate this problem, a "flap gate" was attached to the end of the pipe. This flap gate allowed water flow in the storm line drain "one way," from the street/subdivision into the creek. When the water level in the creek rose, the pressure would keep the flap gate closed.

When the tide goes out (about every 13 hours between low tides) the flap gate will open, allowing any accumulated storm runoff to escape into the creek. Approximately once a year, the tide is high enough during a storm event that the flap gate is closed and storm runoff begins to back up in Manzano Way.
According to Field Services, water has never risen above the top of the curb since the flap gate was installed several years ago. The flap gate is checked every fall for proper operation. It can also be noted that the property is elevated one to two feet above street level.

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.

1. Approve the Parcel Map with attached conditions.
2. Approve the Parcel Map with modified conditions.
3. Do not approve the Parcel Map.

Recommend Alternative 1.

Prepared by:

Ryan M. Kuchenig
Project Planner

Reviewed by:

Fred Bell
Principal Planner

Reviewed by:

Trudi Ryan
Planning Officer

The Director of Community Development 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 objectives, policies, general land uses and programs of the General Plan. The Tentative Map is consistent with the density permitted in the R-0 Zoning District and will allow a residential land use that is compatible with the surrounding neighborhood. The proposal meets the goals and policies of the General Plan, since it will encourage the development of single-family housing and will result in an increase in the housing supply.

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Conditions of Approval - Tentative Map

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. 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.
   

3. Prior to final approval of the Final Map by the Director of Public Works, the "In-Lieu Park Dedication Fee" of $6,760.65/unit shall be paid in accordance with MCS 18.10 or the Director of Parks and Recreation may accept an alternative arrangement for park use as satisfaction of the Park Dedication requirement.

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

2. All utilities and lot drainage shall not cross property lines.

1. Record a Parcel Map.
   
2. Prior to Map recordation, the developer shall execute a Subdivision Agreement and post surety bond(s) in a form acceptable to the City and/or cash deposit(s) guaranteeing completion for the following improvements:

3. There shall be disclosure statement for this Parcel Map pertaining to the City’s Calabazas Creek Trail project.
   
4. There shall be disclosure statement for this Parcel Map pertaining to localized flooding at high tide during a large storm event.
   
5. The existing on-site cross-parcel sidewalk shall be removed prior to Parcel Map recordation, unless otherwise approved by the Director of Public Works.
   
6. The submittal, approval, and recordation of a subdivision map shall be in accordance with the provisions of the State Subdivision Map Act and the City’s subdivision ordinance (Title 18).
   
7. 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.
   
8. Any existing deficient public improvements shall be upgraded to the satisfaction of the Director of Public Works.
   
9. Unused driveway approaches shall be replaced with standard curb, gutters and sidewalk.
   
10. Connect to all City utilities or private utilities operating under a City franchise which provide adequate levels of service.
    
11. All existing utility lines and/or their appurtenances not serving the future development project shall be capped, abandoned, removed, relocated and/or disposed to the satisfaction of the City.
    
12. All utility plans (PG & E, telephone, cable TV, fiber optic, etc.) shall be submitted to the Public Works Department for review and approval prior to the issuance of any permits for utility work within public right-of-way or public utility easements.
    
13. All lots shall be served by utilities, allowing each lot to function separately from one another.
    
14. Individual water services and meters shall be provided to each lot.
    
15. All City utilities shall be installed outside any driveway approaches.
    
16. Adequate drainage/erosion control shall be provided at all times during the construction.
    
17. Any landscaping proposed within a public utility easement is subject to approval by the Director of Public Works and Director of Community Development.
    
18. All landscape and irrigation systems, located in the park strip areas shall be connected to the water system metered to the property owner.
    
19. Obtain an encroachment permit for all public improvements.
    
20. Record drawings (including street, sewer, water, storm drain and off-site landscaping plans) shall be submitted prior to Map recordation.

4. Fire Prevention

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.