Previous Actions on the Site: There were no previous planning applications related to the subject site.

The applicant seeks approval of a Rezone, Special Development Permit and Tentative Map to develop 7 townhouse units. Implementation of the project will require the demolition of an existing single family home. The project site will take access from Wolfe Road. The project site is located on the west side of Wolfe Road between Maria Lane and Gary Avenue.

A Mitigated 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 with implementation of the recommended mitigation measures. (See Attachment 3, Initial Study).

An acoustical assessment was conducted by Edward L. Pack Associates, Inc. regarding the potential for noise impacts on residential units closest to Wolfe Road. The assessment concluded that interior and exterior noise levels along Wolfe Road would not exceed City noise standards provided:

Change Under Consideration: Rezone the 15,561 square foot site from R-3 (Medium Density Residential) to R-3/PD (Medium Density Residential / Planned Development). The R-3/PD Zone allows up to 24 du/acre, and is compatible with a General Plan Designation of Medium Density Residential.

Objective: To allow for the development of 7 attached townhouse units. The proposed Planned Development Combining District allows for deviations from certain development standards.

Discussion: The applicant is seeking a Rezone of the subject property from R-3 (Medium Density Residential) to R-3/PD (Medium Density Residential / Planned Development) to allow the development of 7 townhouse units. The subject site is relatively small for an R-3 development and flexibility on building height is necessary in order for the project to achieve sufficient density to meet the City’s 75% density goal.

Planned Development: A property may be Rezoned to include the PD Combining District. The PD Zoning enables the consideration of deviations from the Code and/or imposition of more restrictive requirements.

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 1998, 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.

• 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 creations of lots that are less than the minimum size required in the base zoning district. (Meets)

The project involves a complete redevelopment of the project site. In order to design a residential project on a relatively small lot of this type, certain deviations will be necessary to allow for design elements such as a three story building and narrow driveway access. Deviations required of the project are discussed in the following section of this report.

Use: The proposed project would displace an existing single family residence with a residential townhouse type project. The proposed townhomes are consistent with the uses allowed for the R3/PD (proposed) Zone within which the site is located. The proposed project attains a density of 20 du/acre (83%), meeting the Housing and Community Revitalization Sub-element goal of providing 75% of the maximum density allowed.

Site Layout: The project will consist of a single building containing 7 residential units. The proposed driveway will be located along the southern edge of the property providing access to garages and open parking spaces. Each unit will have a private open space area located behind (along the northern boundary) the building. A common open space area will be located at the west end of the project site.

The building will front onto Wolfe Road from which vehicle access will be taken. The main entry to unit 1, located closest to Wolfe Road, will face the street adding a pedestrian feel to the project. Entries for the remaining units will be taken from the vehicle driveway.

The applicant is seeking a deviation for the driveway aisle width of 20 feet where a minimum of 24 feet is required. The minimum distance between the building and the property line is 26 feet; however, the configuration of building articulation and landscape planter design limits the driveway width to 20 feet in a few locations. Public Safety/Fire Prevention staff have reviewed the plan and will accept the proposed 20 foot driveway width provided the project incorporate an on-site fire hydrant. The applicant has agreed to this requirement.

Surrounding uses include multiple family and single family residential development. A single home is located on the adjoining lot to the south of the project; similar to the project site, this property is also Zoned R-3 and is expected to redevelop at that density sometime in the future. An apartment building is located immediately north of the project. Separation between the existing apartment buildings and the proposed project will vary from approximately 58 to 82 feet. A driveway and fairly dense landscaping intervene between the existing apartment buildings and the project structure. The combination of screening and separation between structures will significantly reduce potential privacy impacts associated with development of the project.

The proposed creation of townhouse lots will result in lot area and lot width dimensions of less than those required by the Municipal Code. The project will result in lot area that vary from approximately 1,127 to 6,951 square feet where the minimum required is 8,000 square feet. Proposed lot widths will vary somewhat but will be as narrow as 22 feet where the minimum required for the R-3 Zone is 120 feet. Such deviations are common in the creation of townhouse projects and, staff believes, are a reasonable application of the PD (Planned Development) Combining District.

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

The project will consist of a three-story, residential townhouse development with a stucco exterior finish and tile roof. There is considerable building articulation breaking up wall planes on all building sides. Building details include brackets, exposed rafter ends and various overhangs. Fences will separate private open space areas.

Building colors within the project have been enhanced in response to comments received from the Commission at its Study Session on July 28, 2003. In addition, exposed rafter ends have been pulled back to enhance longevity as suggested by the Commission.

The building façade incorporates numerous pop-out and extension details. Some of the extensions project into the side yard setback which, as an architectural feature, is permitted by the Municipal Code

The applicant is seeking a deviation for building height as the structure will be three stories and 32.5 feet in height. Current development standards for the R-3 Zone limit structures to two stories and 30 feet in height. Building height deviations are not uncommon in the R-3 Zoning District as it is difficult to meet the minimum density requirement of 75% and provide required parking, open space and site circulation in a two story structure; particularly when townhouse style development includes 2-car garages. Staff believes that due to the quality of the architecture, private open spaces, common open space and other amenities provided by the project, the proposed building height deviation is justified.

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

Landscaping required of the development will include additional trees, ground cover, and clusters and rows of bushes.

As proposed, the project provides 470 square feet of usable open space per unit where a minimum of 400 square feet is required. A patio area is located at the rear of each unit which varies in size from approximately 320 to 700 square feet in area.

The R-3 Zone requires a minimum total landscape area requirement of 425 square feet per unit. With 694 square feet per unit, the project provides sufficient landscaping to exceed the minimum required.

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

Solid waste disposal for this project will require individual toters be moved to the street frontage for pickup. Public Works has determined that the toters cannot be placed in the street against the curb but rather must be set above the curb. This will require a redesign of the sidewalk as an additional three feet must be available to park the toters. Condition of Approval No. 9 requires a redesign of the sidewalk/curb design to accommodate solid waste removal. No curbside parking will be permitted along the street frontage in front of the project. As an informational note, limited curbside parking is allowed immediately north of the project site; no curbside parking is permitted south of the site.

As noted earlier in this report, the applicant is seeking a deviation for driveway aisle width. The project aisle ranging in width from 20 to 24 feet; the minimum width required is 24 feet. The irregular shape of the proposed landscape planters and the articulation of the building results in varying width of the drive aisle. Public Safety/Fire Prevention has reviewed the proposed access and has deemed it acceptable provided a fire hydrant is located within the project along the drive aisle. The precise location of the hydrant will be subject to review and approval by Public Safety (See Condition of Approval No. 29).

The current site plan does not show proposed bicycle storage. Condition of Approval No. 26 requires that bicycle parking be provided on site per VTA standards.

The following Guidelines were considered in analysis of the project parking and circulation.

Undergrounding: All utilities and service-drops will be placed underground.

General: The project proposes the subdivision of the existing parcel into 7 townhouse lots and one common lot. The common lot will be in common ownership and will be maintained by a Home Owners Association.

Access: Vehicle will be provided to the project site from Wolfe Road. Adequate circulation is provided for access to facilities within the project site.

Right of Way: All required dedication for public right-of-way will be provided by the project.

The following deviations are requested by the proposed project.

The proposed project will result in the replacement of existing single family home with a medium-density residential project which is consistent with the development patterns within the local neighborhood. No significant impacts on surrounding properties are expected.

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

1. Adopt the Mitigated Negative Declaration and introduce an Ordinance to Rezone property located at 953 W. Wolfe Road from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map with attached conditions.
2. Adopt the Mitigated Negative Declaration and introduce an Ordinance to Rezone property located at 953 W. Wolfe Road from R-3 to R-3/PD and approve the Special Development Permit and Tentative Map with modified conditions.
3. Adopt the Mitigated Negative Declaration and do not introduce an Ordinance to Rezone property located at 953 S. Wolfe Road and deny the Special Development Permit and Tentative Map.
4. Do not adopt the Mitigated Negative Declaration and direct staff as to where additional environmental analysis is required.

Alternative 1

Prepared by:

Fred Bell
Project Planner

Reviewed by:

Gerri Caruso
Principal Planner

Reviewed by:

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale as the project in that the proposed project provides 7 additional housing units and eases the City’s jobs/housing imbalance.

Land Use and Transportation Element

C2.2 Encourage the development of ownership housing to maintain a majority of housing in the City for ownership choice.

Housing and Community Revitalization Sub-Element

Policy C.1 Continue efforts to balance the need for additional housing with other community values, such as preserving the character of established neighborhoods, high quality design, and promoting a sense of identity in each neighborhood.

Goal D Maintain diversity in tenure, type, size and location of housing to permit a range of individual choices for all current residents and those expected to become city residents.

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.

The proposed project will complement existing medium and high-density residential development in the area and will encourage the transition from industrial use to residential.

The approving authority 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, 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 polices of the General Plan, as enumerated above.

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In addition to complying with all applicable Federal, State and local rules and regulations, including the Sunnyvale Municipal Code the permittee expressly accepts and agrees to comply with the following conditions of approval for this permit.

6. All existing boundary lines and proposed overhead service drops shall be undergrounded from the building to the nearest off-site pole prior to occupancy.
7. All proposed mechanical equipment shall be screened to the height of the equipment in accordance with plans approved by the Director of Community Development.
8. Any transformer placed between the face of the building and the street shall be placed in an underground vault. At any other location, the transformer shall be screened as approved by the Director of Community Development.
9. Submit a detailed toter staging area between the curb and sidewalk sufficient in size to accommodate recycling and solid waste disposal toters to the Director of Community Development for approval prior to issuance of a building permit.

10. An Impervious Surface Data Calculation worksheet is required to be completed and submitted for the California Regional Water Quality Control Board prior to issuance of a building permit.
11. A soil and groundwater contamination report must be submitted and approved by the Director of Community Development prior to issuance of a building permit.
12. Final exterior building materials and colors are subject to review and approval by the Director of Community Development prior to issuance of a building permit.
13. Landscape and irrigation plans are subject to review and approval by the Director of Community Development prior to the issuance of a building permit. Landscaping and irrigation shall be installed prior to occupancy. The Landscape Plan shall include the following elements:

a. A tree protection plan shall be submitted for existing street trees to be preserved on-site as identified by the City Arborist.
b. Any protected trees, (as defined in SMC Section 19.94) approved for removal, shall be replaced with specimen trees of sizes defined by the City Arborist.
c. Ground cover shall be planted so as to ensure full coverage eighteen months after installation.
d. All areas not required for parking, driveways or structures shall be landscaped in accordance with applicable Title 19 code requirements.
e. The project shall provide funding for the installation of street trees as required by the Department of Public Works.
f. Provide storm water infiltration to landscaping areas from roof drains; show method on plans prior to issuance of a building permit.
g. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration, and minimize the use of fertilizers and pesticides than can contribute to water pollution.

14. A fence or mansonry wall shall be installed along all property lines. Fence/wall design and materials are subject to review and approval 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.
15. Submit details and specifications of all exterior lighting for review and approval by the Director of Community Development.
16. Consult with the Crime Prevention Division of the Public Safety Department for crime prevention measures appropriate to the proposed development and implement all Department requirements prior to issuance of a Building Permit.
17. CC&Rs shall be required and shall include, but not be limited to, the Conditions of Approval of this Special Development Permit, provisions for maintenance of the common lot and the provisions for a homeowner association. A copy of the recorded CC&Rs shall be submitted to the Planning Division prior to issuance of a building permit.
1. Membership in and support of an association controlling all common facilities shall be mandatory for all property owners within the development.
2. The homeowners association shall obtain approval from the Director of Community Development prior to any modifications of the CC&Rs pertaining to or specifying the City.

18. Parking spaces shall be maintained at all times to allow for the parking of automobiles.
19. No fee shall be charged for parking.
20. Each unit shall be assigned two covered parking spaces in an enclosed garage. All other spaces shall be available for guests or additional resident vehicles.
21. Unenclosed storage of any vehicle longer than 18-feet intended for recreation purposes shall be prohibited on the premises.
22. Lockable storage for bicycle parking must be provided in accordance with VTA guidelines. Two secure bicycle parking spaces shall be provided.

23. Maintain closed at all times all windows of second and third floor living spaces and unshielded (a view beyond a noise barrier) first floor living spaces with a direct or side view of South Wolfe Road. Install windows rated minimum Sound Transmission Class (STC) 29. Provide some type of mechanical ventilation.
24. Construct an 8 ft. high acoustically-effective patio fence at Unit 1 extending from the side of the building and continuing along the front of the patio for 12 ft. The barrier may then be reduced to 7 ft. high for the remainder of the Unit 1 patio. Continue the barrier at 6 ft. high for the patios of Units 2-7 and the common open space at the northwest corner of the site. The fence heights are in reference to the nearest patio pad elevation.

Noise Mitigation Monitoring:

Who: Applicant shall submit evidence of compliance with the mitigation measures listed above in the form of detailed plans submitted for review and approval by the Director of Community Development prior to the issuance of a building permit. Required testing to ensure compliance with the maximum interior and exterior noise levels permitted will be provided at the applicant's expense, and results of the testing will be reviewed and approved by the Director of Community Development.

When: Prior to issuance of a building permit and prior to occupancy.

25. Install one on-site fire hydrant subject to review and approval of Public Safety Fire Prevention.

Public Works

26. The project will provide a 10’ dedication for public street and utility purpose.

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. 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.

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

6. 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. Park Dedication Fees for the R-3 zoning district is $4,425.15 per unit. The Park Dedication Fees for this 7 unit project will be a total of $30,976.05.

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. Record a Final Map.

2. 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.

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

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

5. 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.

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

7. Construct all public improvements prior to occupancy.

8. 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).

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

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

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

12. 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.

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