SUBJECT: Hanh Nguyen: Applications for related proposals for a property located at 161 Waverly Street in an R-2 (Low-Medium Density Residential) Zoning District. (APN: 165-15-034) DP (Negative Declaration)

Ordinance 1999-0934 –Rezone from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development);

Motion 1999-0935 –Special Development Permit to allow construction of 3 townhome units.

The subject site was Rezoned from R-4 to R-2 on June 15, 1999 as a result of the R-4/R-5 City Council Study Issue for 1999. At that City Council meeting, the property owner expressed interested in redeveloping the subject site and that the lower density R-2 would be an increased burden on him. The City Council allowed the property owner to submit for a redevelopment project retaining the R-4 density requirements, although the site was rezoned to R-2 (provided that the application was received prior to the effective date of the Ordinance). The density of the proposed project is based on the R-4 standards, however, all other development requirements (setbacks, landscaping, usable open space, etc.) are based on the R-2 standards.

The Planning Commission reviewed the project on September 27, 1999. Testimony was provided by the property owner and his representative, no other members of the public spoke at the hearing (see Planning Commission minutes – Attachment 6). The Planning Commission recommended that the City Council affirm the Negative Declaration and approve the Rezone from R-2 to R-2/PD with a 6-0 vote with Commissioner Hornberger absent. The Commission recommended approval the Special Development Permit with Conditions of Approval (Attachment 2) by a 5-1 vote with Commissioner Satterlee dissenting and Commissioner Hornberger absent.

Previous Actions on the Site: Other than the City Council initiated Rezone from R-4 to R-2, there have been no previous planning actions on the site.

The applicant is proposing to demolish the existing four dwelling units (one tri-plex and one single family house) and construct three townhouse units on the subject site. The application also includes a proposed Rezone from the existing R-2 to R-2/PD. The proposed project includes a deviation from the required front yard setback.

Although a subdivision is not a part of this application, the applicant has suggested that he will be submitting an application to subdivide the lot into three lots (one for each dwelling unit) and one common lot. The Special Development Permit portion of the staff report will discuss deviations that may occur as a result of a future subdivision.

A Mitigated 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 property 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 1998, the City Council approved guidelines for the use of PDs and Special Development Permits (SDPs). Staff finds that the subject request for a PD meets all three of the applicable 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 facilitate desirable development of properties at significant intersections. (Not Applicable)
• To allow for the development and creations of lots that are less than the minimum size required in the base zoning district. (Meets)

General Plan Consideration: Although the site has been Rezoned, the General Plan designation for the site is still High Density Residential (General Plan amendments will occur after the Rezoning studies are completed). The proposed request for a Planned Development Combining District to accommodate three townhouses is consistent with the General Plan land use designation in that is supports the policy of encouraging ownership housing.

Discussion: The proposal includes a total of three dwelling units, where the subject site would be allowed a maximum of eight units under the R-4 development standards and two units under the R-2. In order to provide a specific type of housing (attached townhouses), modifications to the development standards are necessary. The surrounding neighborhood entails a mix of housing types from single family dwellings, duplexes, and townhomes.

One lot will front Waverly Street and a common driveway will be located along the south property line with access from Waverly Street. The two townhouse units in the back of the site will be accessible from the common driveway. Although this specific layout is not predominant in the neighborhood, it provides a lower density feeling from the street as only one unit is visible. There are other similar 3-lot developments in the R-2 Zoning District. The PD Combining District provides flexibility to allow a project that is consistent with the varied character of the immediate neighborhood. Staff believes that the proposed attached townhouses, on reduced size lots, is appropriate for the subject site since the area is characterized by a mix of low to medium density homes.

Use: A Special Development Permit for this site 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 from the standard development requirements requested in the project.

The proposed use consists of three attached townhouses with attached two car garages. One unit is located directly on Waverly Street and the two units in the rear will obtain access from a central driveway. Each unit has a slightly different floor plan ranging from 1,914 square feet to 2,530 square feet (including the garage area) for a total of 6,528 square feet of building area. The site meets the lot coverage standard of 40% maximum with 36.1% proposed. Although there are no Floor Area Ratio (FAR) requirements for the R-2 Zoning District, staff has calculated the FAR for information purposes. The FAR for the entire project is 64.3%.

The proposed number of units does not meet the policy of providing a minimum of 75% of the maximum allowable density for the R-4 Zoning District. However, because the site has been Rezoned to R-2 and future developments in the area will be based on the R-2 zoning standards, staff believes that the density is appropriate.

In the interest of saving time and submitting the application in accordance with the allowance of the City Council, the applicant has not submitted a Tentative Map application for the subdivision at this time. However, the applicant has noted that they will be doing so prior to construction. The Special Development Permit section of the staff report discusses the deviations that would be necessary in order to approve a Tentative Map.

Site Layout: The proposed site layout consists of one unit located in the front of the property, facing Waverly Street, and the remaining two units in the back of the site. A shared driveway will be located along the south property line and will provide access from Waverly Street to the two units in the back of the site. The street frontage includes a 15 foot landscaped front yard for the front unit. Each home will have an attached two-car garage oriented toward the common driveway such that the garages will not be visible from the street. Driveway spaces are not provided, however, three additional exterior parking spaces will be provided throughout the common lot.

Deviations from lot sizes and lot width will be requested with the Tentative Map application. The required lot size of 8,000 square feet and the required lot width of 76 linear feet for the R-2 Zoning District will be reduced to allow individual lots and ownership. The density is far less than that allowed in the R-4 Zoning District. The reduced lot size will result in a deviation from the required lot coverage.

The project includes maintaining the existing 15 foot front yard setback where 20 feet is required in the R-2 Zoning District. This is a typical front yard setback for the existing development pattern along Waverly Avenue. Staff believes that this deviation will not be detrimental to the surrounding neighborhood.

The required rear yard setback is 20 feet in the R-2 Zoning District. Although the rear yard setback is 13 feet, this is not a deviation because the Sunnyvale Municipal Code (SMC) allows for encroachment to within ten feet of the rear property line provided the encroachment does not cover more than 25% of the rear yard area. The proposed project encroaches approximately 23%.

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

Architecture: The proposal is for one large two-story building with a breezeway on the first floor separating the front unit from the two at the back of the lot. The breezeway allows for parking spaces for common use. The architecture is craftsman in style with a centrally located porch on the street elevation, eave brackets, and a partially setback second floor with a variety of gable and hip rooflines. The front elevation for the two rear units is detailed with covered entries and second story windows which are raised above the roofline in a gabled roof form to create additional design features. The exterior of the building will be stucco walls with stucco window trim. The roof material will be concrete tile.

Staff is generally pleased with the proposed architectural design, however, believes that additional details may be added. Staff is recommending Conditions of Approval 12 and 13 to review the exterior colors and additional details with the applicant prior to issuance of a building permit.

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

There is one street tree on the site that shall be saved. There are no other significant sized trees on the site.

Parking/Circulation: Townhouses, pursuant to SMC Section 19.48.030, require 2.25 parking spaces per unit, of which one is to be a covered space. The proposal includes two covered garage spaces for each unit along with three parking spaces in the common area. The proposal exceeds the minimum number of parking spaces required by providing two additional spaces. The layout of the project is such that the garages face one another and do not face the street nor include typical 20-foot long driveways. A 24-foot driveway is located between the garages for maneuvering purposes only.

Several neighbors have reviewed the proposed plans at the Planning Division and inquired about the parking situation for the proposed project. They have expressed concern that the on-street parking in the neighborhood is overcrowded and that the proposed project will further increase the demand for the on-street spaces. Staff notes that the existing four units provide five off-street parking spaces. The proposal results in fewer units and more off-street parking. Also, staff is recommending Condition of Approval 11 requiring that the garage spaces and uncovered spaces to be maintained at all times for purposes of vehicular parking.

The proposed garage spaces do not meet the minimum dimensional requirements of the Municipal Code. Staff is recommending Condition of Approval 9 that the garage spaces be a minimum of floor area of 400 square feet, with a minimum clear dimension of 17 feet in width and 18 feet in depth.

Easements/Undergrounding: The project will require undergrounding of all existing overhead utilities along the project frontage on Waverly Street as well as the undergrounding of all new service drops from the new homes (Condition of Approval 7).

The following table summarizes the proposed deviations from the standard development requirements that are included in the proposed project.

Each of these deviations has been discussed above in the Special Development Permit. With the recommended Conditions of Approval, staff finds that the proposed building 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.

Staff has worked at length with the applicant on the proposed project to reduce the number of units, minimize deviations from required property development standards, and to obtain upgraded architectural design and detailing. Staff believes the proposal, which includes minimal paving along the site frontage and provides increased landscaping and usable open space, will enhance the neighborhood. Additionally, the proposed development will reduce the number of units from the existing four to three. Although the project contains a number of deviations, such as reduced lot size and lot width and reduced front yard setbacks, staff believes that the proposed housing type in conjunction with the site plan and exterior designs will enhance the surrounding neighborhood.

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 justifications are located in Attachment 2.

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 Negative Declaration and the public hearings for this project were published in the Sun newspaper, posted on the site and mailed to the property owners within 300 feet of the project site.

The staff reports for this project were posted on the City of Sunnyvale's Website and copies of the reports were provided at the Reference Section of the Sunnyvale Public Library. The Planning Commission and City Council Agendas were posted on the City of Sunnyvale's Website and recorded on SunDial.

At the Planning Commission Public Hearing of September 27, 1999, two people spoke on the project, the property owner and his representative. The Planning Commission voted 6-0 to approve the Rezone from R-2 to R-2/PD. The C ommission voted 5-1, with Commissioner Satterlee dissenting, to affirm the Negative Declaration and approve the Rezone and Special Development Permit. With the dissenting vote, Commissioner Satterlee explained that she felt the project was not complete and that the architectural details should be completed prior to review by the Planning Commission.

1. Affirm the Negative Declaration and approve the Rezone and Special Development Permit with the conditions of approval in Attachment 2.
2. Affirm the Negative Declaration and approve the Rezone and Special Development Permit with modifications.
3. Affirm the Negative Declaration and deny the project.
4. Do not affirm the Negative Declaration and direct staff where additional analysis is needed.

Alternative 1

Prepared By:

Diana Perkins
Project Planner

Reviewed By:

Fred Bell
Principal Planner

Reviewed By:

Trudi Ryan
Planning Officer

David S. Boesch, Jr., Director
Community Development Department

Robert S. LaSala
City Manager

Attachments:

1. Findings
2. Conditions of Approval
3. Negative Declaration
4. Rezoning Ordinance
5. Site, Floor, Roof, and Architectural Plans
6. Planning Commission Minutes of September 27, 1999