REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on a 0.29-acre site:
SPECIAL DEVELOPMENT PERMIT: To allow construction of five three-story townhome-style condominium units, including requests to deviate from front setback, height, garage size, and usable open space requirements.
TENTATIVE MAP: To create five condominium units.
Location: 1001 S Wolfe Road (APN: 211-16-042)
File #: PLNG-2024-0639
Zoning: R-3/PD (Medium Density Residential/Planned Development)
Applicant / Owner: Samir Sharma (applicant) / Gregory Cary (owner)
Environmental Review: Exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66 (AB 130).
Project Planner: Shila Bagley, (408) 730-7418, sbagley@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Medium Density Residential
Existing Site Conditions: Single-Family Residential (Vacant)
Surrounding Land Uses
North: Two-story multi-family residences across Maria Lane
South: Two-story multi-family residences
East: Two-story multi-family residences across South Wolfe Road
West: One-story single-family residence
Issues: Neighborhood Compatibility
Staff Recommendation: Find the project exempt from CEQA and approve the Special Development Permit and Tentative Map with the Findings in Attachment 2 and Conditions of Approval in Attachment 3.
BACKGROUND
The project site is a 0.29-acre (12,981-square-foot), rectangular-shaped parcel. It was originally developed in 1947 with a 1,240-square-foot, single-story single-family home and a 589-square-foot detached garage. The residence has been vacant since 2019.
Description of Proposed Project
The application proposes the demolition of all existing structures and the construction of five attached, three-story, townhome-style condominium units. Four of the units include four bedrooms, and one unit includes five bedrooms. Unit sizes range from approximately 2,218 to 2,459 square feet, including two-car garages.
Site access will be provided via a private driveway from Maria Lane. Common outdoor open space is located near South Wolfe Road, and each unit includes a private balcony. The project also includes off-site improvements, such as a new sidewalk, curb, and gutter. Site and Architectural Plans are provided in Attachment 5.
A Special Development Permit (SDP) is required for projects within the PD Combining District to allow for site and architectural review. A Tentative Map (TM) is required prior to the Final Map to create five condominium units on a common lot. The Recommended Findings for approval of the SDP and TM are provided in Attachment 2.
See Attachment 1 for a map of the vicinity and mailing area for notices and Attachment 4 for the Data Table of the project.
Previous Actions on the Site
In 1984, a Use Permit was granted to allow the property to operate as a child care facility, along with a Variance to provide 5 parking spaces where 9 spaces were required under the Zoning Code. It is unclear whether the property was ever used as a child care facility, or for how long. In 2007, a fence permit was approved to allow a 6’-8” fence within the reducible front yard area along Maria Lane. There are no other previous planning applications associated with this site.
Since 2003, twenty-four Neighborhood Preservation complaints have been received by the City related to the property, most recently in 2025. The majority of the complaints were related to overgrown weeds and vegetation, with additional reports regarding a broken fence, outdoor storage of junk and debris, broken windows and doors, and evidence of homeless encampment. Currently, there are no active Neighborhood Preservation cases for the property.
EXISTING POLICY
General Plan Goals and Policies: Key goals and policies from the Land Use and Transportation, Housing, and Community Character Chapters of the General Plan, and Council Policy Manual that pertain to the proposed project are provided in Attachment 2.
Applicable Design Guidelines: The City’s Citywide Objective Design Standards provide recommendations for site layout, architecture, and design. These guidelines are referenced in the discussion and analysis below.
ENVIRONMENTAL REVIEW
Assembly Bill (AB) 130, which became effective in 2025, includes a new statutory exemption from California Environmental Quality Act (CEQA) for qualifying housing projects that meet specific criteria established by state law. The exemption is set forth in new Section 21080.66 of the Public Resources Code. An AB 130 Statutory Exemption Qualification Memorandum has been prepared in accordance with these provisions (see Attachment 6) to document the project’s eligibility for the exemption. Therefore, no further environmental review is required under CEQA.
In accordance with AB 130, the City initiated and completed the tribal consultation process as of December 27, 2025. The Muwekma Ohlone Tribe was the only California Native American tribe that responded to the City’s invitation to consult on the project.
City staff have coordinated with representatives of the tribe to address concerns related to monitoring during excavation and site preparation. These concerns have been communicated to the applicant for incorporation into the project’s construction planning. As required by AB 130, the City ensured that consultation was conducted in good faith and that tribal concerns were considered and incorporated into the project’s Conditions of Approval to the extent required by the statute (see Condition of Approval BP-27, in Attachment 3).
Additionally, AB 130 requires soil sampling to determine whether any hazardous materials or contaminants may be present on the project site. If sampling identifies potential contamination, the law requires follow-up investigation and mitigation prior to ground-disturbing activities. These soil sampling requirements, including the procedures for reporting and implementing mitigation, have also been incorporated into the Conditions of Approval (see Condition of Approval BP-28, in Attachment 3).
DISCUSSION
Present Site Conditions
The project site is located at the southwest corner of South Wolfe Road and Maria Lane. The surrounding area is predominantly residential, consisting primarily of multi-family housing, with some single-family homes located to the west. Commercial and office uses are located nearby to the south. South Wolfe Road is a major thoroughfare, and the site is approximately 0.2 miles from East El Camino Real, which provides additional commercial services and transit options. The neighborhood character is transitional in nature, with medium-density multi-family development serving as a buffer between the higher-density residential and commercial uses along El Camino Real to the south and the lower-density residential neighborhood to the north.
Development Standards
The project complies with several applicable development standards in the Sunnyvale Municipal Code (SMC), such as lot coverage, parking, landscaping, and solar access. The applicant is seeking deviations from the height, usable open space, minimum garage size, and front setback requirements, which may be allowed by the Planning Commission under SMC Section 19.90.030. The Project Data Table in Attachment 4 summarizes the project’s compliance with the development standards.
Setback
The R-3 zoning district requires a minimum front setback of 20 feet. The project meets this requirement along South Wolfe Road by providing a 36-foot setback. Along Maria Lane, the setback is measured from the new property line after a one-foot dedication to the public right-of-way to widen the sidewalk. The applicant is requesting deviations from the front setback requirements along Maria Lane. A 4-foot front setback is proposed at the first floor, and a 6-inch setback is proposed for the upper floors, where a minimum of 20 feet is required.
Staff finds the requested setback reductions to be reasonable. Similar reduced setbacks are common in the surrounding neighborhood to allow more efficient site design, accommodate rear-loaded driveways that conceal garage doors, and provide individual front entries facing the public street to support a more pedestrian-oriented environment. The upper floor setback also functions as a canopy element over the front porches.
The proposed project complies with the required side and rear setback standards.
Building Height/Stories
The project proposes a building height of 38 feet, where a maximum height of 35 feet is permitted, and therefore requests a height deviation. The building is three stories, with first-floor and upper-floor plate heights of approximately 10 feet and 9 feet, respectively. The structure incorporates a flat roof design with a 4-foot 5-inch parapet to screen rooftop equipment from public view.
The requested height increase is primarily driven by functional design considerations, including standard floor-to-floor heights that support livable residential spaces and the need to screen rooftop equipment to reduce visual clutter. The building maintains three stories, as permitted by the R-3 zoning standards, and the additional height results from accommodating a 4-foot 5-inch parapet to fully conceal rooftop mechanical equipment, which improves the building’s appearance from the street and neighboring properties.
The project’s massing is broken up with façade articulation and variations in setbacks, which help reduce the perception of height from the public right-of-way and adjacent uses.
For these reasons, staff finds the requested height deviation to be reasonable and consistent with the intent of the zoning standards to ensure functional design, visual compatibility, and high-quality development.
Parking
The project meets the parking requirement by providing a two-car garage for each unit, along with four uncovered, unassigned parking spaces. While a typical two-car garage is approximately 400 square feet, the Sunnyvale Design Guidelines for Recycling, Organics, and Solid Waste Services require a minimum of 435 square feet to accommodate storage for three 96-gallon bins. Three of the units are proposed to have garages at 429 square feet, which is slightly below this standard. However, the floor plans (Sheets A1.2 through A1.4) demonstrate that these garages can still accommodate the three required bins while maintaining adequate space for parking two vehicles. Therefore, staff supports the requested deviation.
Usable Open Space
Per SMC Section 19.37.040, usable open space must have a minimum dimension of 12 feet in any direction and provide at least 200 square feet in area. Private balconies may be counted toward usable open space if they are at least 7 feet in any direction and provide a minimum of 80 square feet. In addition, up to 50% of the required front yard area may be credited as usable open space if no front yard setback deviation is requested.
The project proposes 224 square feet of usable open space per unit, where a minimum of 400 square feet per unit is required in the R-3 zoning district, and therefore, the applicant is requesting a deviation.
The usable open space is primarily located in the front yard along South Wolfe Road. While the front yard area totals 1,104 square feet, 885.5 square feet qualifies toward usable open space under the ordinance. Council Policy 1.1.12 also encourages usable open space areas to have minimum dimensions of 15 feet; the proposed space ranges from 17 feet to 41 feet in width, meeting this policy direction.
The project also includes private balconies ranging from 98 to 119 square feet; however, only two of these balconies meet the minimum dimension requirements to be counted toward usable open space.
Staff supports the requested deviation because the project is generally consistent with the intent of the open space standards by providing usable, well-designed outdoor areas that exceed the minimum dimensional guidance and contribute to a high-quality residential environment.
Landscaping and Tree Preservation
An Arborist Report identified a total of five trees on the site. All existing trees are proposed to be removed, including one tree that qualifies as a “protected tree” (a tree of significant size with a circumference of at least 38” measured 4½ ft from the ground) that requires a permit for removal) under SMC Chapter 19.94. The protected tree is a 14-inch diameter (approximately 44” in circumference) Southern Magnolia in fair condition that has been previously pruned away from the existing home. See Arborist Report in Attachment 7.
While the protected magnolia tree is in fair condition, staff supports its removal as there are utility wires crossing the existing canopy and the tree conflicts with the location of the proposed driveway. In accordance with the City’s Tree Replacement Standards, protected trees must be replaced. The project proposes 13 new 24-inch box size trees, including three new street trees, which exceeds the minimum replacement requirement. Conditions of approval have been included to require staff review and approval of the final Landscape Plan and tree replacement selections (see Attachment 3).
The project complies with total landscaping, parking lot landscaping and landscaping per unit. See Attachment 4 for the Data Table of the project.
Fences and Walls
All existing fencing on the site will be replaced. Along the public street frontages, a new six-foot-tall wooden sound fence will be installed around the open space area, with landscaping (trees and shrubs) provided between the fence and the back of the sidewalk. The sound fence will reduce noise from the adjacent public right-of-way to levels consistent with the applicable noise standards for multi-family outdoor use areas (65 dBA during daytime hours and 55 dBA during nighttime hours) within the primary usable open space.
Along the south property line, adjoining the multifamily residences, a new eight-foot-tall good-neighbor fence with an integrated retaining wall will be installed. On the west property line, adjacent to the existing single-family home, a six-foot-tall good-neighbor fence will be installed. See Site and Architectural Plans (sheets L2 and L5) in Attachment 5.
Solid Waste and Recycling Access
The project will use standard single-family trash and recycling service with individual carts assigned to each unit. All carts will be stored inside the garages, out of public view, and will be placed at the curb along Maria Lane on collection days.
Tentative Map
The Tentative Map includes a five-unit townhome-style condominium development on a single lot subdivided for condominium purposes, with each unit located on its own airspace condominium parcel. Common areas, including drive aisles, surface parking, private walkways, landscaping, shared open space, and private/public utilities would be maintained as part of a common lot under a homeowners’ association (HOA).
Easements
The development includes several street and utility easements. The project provides a one-foot street easement dedication along Maria Lane to accommodate a six-foot sidewalk and a four-foot landscape park strip. Additional easements for public utilities, private sanitary sewer, private storm drain, water service, and water meters will be established, as shown on Sheet TM-1.0 of the Architectural Plans (Attachment 5). A private easement and maintenance agreement will also be recorded, consistent with the Conditions of Approval (Attachment 3), to ensure shared use and ongoing maintenance of improvements located within these easement areas.
Neighborhood Compatibility
The applicant proposes to develop five townhome-style condominium units on the site. This type of infill housing is anticipated by the City’s General Plan and is consistent with the R-3/PD zoning, which allows for medium-density residential uses. The surrounding neighborhood consists primarily of two-story multi-family developments. The scale and height of the proposed three-story townhome units are compatible with these surrounding residential patterns.
The site plan positions the drive aisle and guest parking along the south and west, reducing the massing along adjacent property lines and minimizing potential privacy impacts. In addition, new perimeter landscaping, including screening trees, will provide additional privacy and soften the visual impact of the proposed building.
The garage entries face the internal private drive, and architectural features such as porches, articulated facades, and varied rooflines help break up building mass and maintain a residential appearance that is compatible with the neighborhood. Overall, staff finds that the project is well integrated into its surroundings and is consistent with the scale, character, and development patterns of the neighborhood. The project complies with the City’s Multi-Family Design Guidelines and, with implementation of the conditions of approval, is expected to have minimal impacts on adjacent properties.
Fiscal Impact
No fiscal impacts on the City’s General Fund. The project would be subject to standard permit-related fees and taxes. The project would also be subject to applicable traffic and park in-lieu fees; and school impact fees as noted in the Conditions of Approval (Attachment 3).
Public Contact
Neighborhood Outreach Meeting
The applicant held a neighborhood outreach meeting on October 7, 2025. Property owners and residents within 1,000 feet of the site were notified by mail. The meeting was held virtually, and four neighbors attended the meeting. Neighbors expressed support for the overall design of the project and the proposed sidewalk improvements. They were generally positive about the project’s appearance and its integration into the neighborhood. Concerns were raised regarding construction impacts, including dust, noise, and timing, as well as the potential for street utility work and its notification process. Privacy, sunlight, and breeze impacts on adjacent properties were noted, along with the type and placement of trees near property lines. Neighbors also raised traffic and safety concerns related to visibility at the 1007 S. Wolfe driveway, including questions about potential improvements and undergrounding of power lines. Additional issues included rodent activity on the site and potential for rodents to relocate onto neighboring properties, maintenance or replacement of the shared fence, and site contamination from prior activity. Some neighbors expressed unease about the contemporary architectural style, which differs from nearby residential development, and the distance of the proposed driveway from adjacent fences.
Planning Commission Study Session
A study session was held with the Planning Commission on November 24, 2025. At the study session, the Planning Commissioners asked clarifying questions regarding the public noticing process and requested confirmation that the City’s Inclusionary Housing requirements do not apply to the project based on the size of the project. The Commissioners also discussed the requested deviations, including how the four-foot setback is measured and whether it is taken from the property line or the back of sidewalk. Questions were raised regarding the six-foot sidewalk along Wolfe Road and whether this width is consistent with City standards. The Commission also commented on site lighting, requesting that the bollard lighting be designed to minimize glare and light spillover onto adjacent properties and the public right-of-way. Additional discussion focused on the proposed sound wall along Wolfe Road and the overall noise environment generated by traffic and emergency vehicle sirens, with the Commission requesting that the project incorporate appropriate noise-mitigating design features.
The Commission also asked for clarification regarding the “adaptable units,” noting that Units 1 and 5 are designed so that interior walls may be modified in the future to accommodate accessibility needs. With respect to landscaping, the Commissioners commented on the London Plane trees proposed along Maria Lane, noting that these street trees would help soften the visual impact of the reduced setback. Staff confirmed that the tree species and locations have been reviewed and approved by the City Arborist. Overall, the Commission focused its feedback on ensuring consistency with development standards, addressing noise and lighting impacts, and enhancing the pedestrian environment along Wolfe Road. The Commission concluded that the project and site layout are well designed and that the requested deviations are reasonable.
Notice of Planning Commission Public Hearing
Public contact was made by posting the Planning Commission meeting agenda on the City's official-notice bulletin board at City Hall. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
1,791 notices were mailed to surrounding property owners and residents adjacent to the subject site (within a 1,000 feet radius) in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. No letters or calls were received from the public by staff.
ALTERNATIVES
1. Find the project exempt under CEQA and Approve the Special Development Permit and Tentative Map with the Findings in Attachment 2 and subject to the Conditions of Approval in Attachment 3.
2. Find the project exempt under CEQA and Approve the Special Development Permit and Tentative Map with modifications to the findings and/or conditions (Planning Commission to provide).
3. Do not make the required findings and direct staff where changes should be made.
4. Deny the project.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Find the project exempt under CEQA and Approve the Special Development Permit and Tentative Map with the Findings in Attachment 2 and subject to the Conditions of Approval in Attachment 3.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
_x__ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Shila Bagley, Senior Planner
Reviewed by: Julia Klein, Principal Planner
Approved by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Vicinity and Noticing Map
2. Recommended Findings
3. Recommended Conditions of Approval
4. Project Data Table
5. Site and Architectural Plans
6. AB 130 Qualification Memorandum
7. Phase I Environmental Site Assessment
8. Soil Sampling Report
9. Peer Review Phase I
10. Peer Review Soil Sampling Report
11. Air Quality & Greenhouse Gas Assessment
12. City Of Sunnyvale CEQA GHG Emissions Analysis Compliance Checklist
13. Arborist Report
14. Noise Study