Legislation Details

File #: 26-0559   
Type: Report to Board/Commission Status: Agenda Ready
Meeting Body: Zoning Administrator Hearing
On agenda: 5/27/2026
Title: Proposed Project: Design Review: to construct a first-story addition of 730 square feet to an existing one-story single-family home, resulting in 2,592 square feet (2,132 square feet living area and 459 square feet garage) and 32 percent floor area ratio (FAR); and, VARIANCE: from Sunnyvale Municipal Code Section 19.48.050 to allow a reduced first story rear yard setback (7-foot 4-inches) where a 10-foot minimum is required, and to allow 34 percent rear yard encroachment where 25 percent maximum is permitted. Location: 1401 South Mary Avenue (APN: 320-22-053) File #: PLNG-2026-0028 Zoning: R-1 (Low Density Residential) Applicant / Owner: J & S Consultant Inc / Li Qian and Gui Haojin Environmental Review: A Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Christian Mendoza, (408) 730-7429, cmendoza@sunnyvale.ca.gov
Attachments: 1. Vicinity and Noticing Map, 2. Project Data Table, 3. Recommended Findings, 4. Recommended Conditions of Approval, 5. Site and Architectural Plans, 6. Variance Justifications by the Applicant

REPORT TO THE ZONING ADMINISTRATOR

 

SUBJECT

Title

Proposed Project:

Design Review: to construct a first-story addition of 730 square feet to an existing one-story single-family home, resulting in 2,592 square feet (2,132 square feet living area and 459 square feet garage) and 32 percent floor area ratio (FAR); and,                     

VARIANCE: from Sunnyvale Municipal Code Section 19.48.050 to allow a reduced first story rear yard setback (7-foot 4-inches) where a 10-foot minimum is required, and to allow 34 percent rear yard encroachment where 25 percent maximum is permitted.

Location: 1401 South Mary Avenue (APN: 320-22-053)

File #: PLNG-2026-0028

Zoning: R-1 (Low Density Residential)

Applicant / Owner: J & S Consultant Inc / Li Qian and Gui Haojin

Environmental Review: A Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.

Project Planner: Christian Mendoza, (408) 730-7429, cmendoza@sunnyvale.ca.gov

 

Report

BACKGROUND

 

Description of Proposed Project

The project proposes multiple additions that add to 730 square feet total to an existing single-story, single-family home. 510 square feet of the addition is in the front yard along Cascade Drive. 28 square feet of the addition is provided on the reducible front yard facing South Mary Avenue. And 191 square feet of the addition will be in the rear yard. The proposed project will result in 2,592 square feet (2,132 square feet living area and 459 square feet garage) and 32 percent floor area ratio (FAR).                     

 

A design review is required for the proposal as it is a new single-story exterior addition to a single-family residence in the R-1 zoning district which does not exceed 45% lot coverage or 45% floor area ratio per Sunnyvale municipal code (SMC) Section 19.080.040.(a)(2).

 

The applicant seeks a Variance approval to allow a deviation from Sunnyvale Municipal Code (SMC) Section 19.48.050 for the rear addition to be located with a rear yard setback of 7 feet 4 inches, where a minimum of 10 feet is required. The applicant also seeks to allow deviation to encroach into the rear yard 34.3 percent exceeding the allowable 25 percent per the same municipal code section.

 

See Attachment 1 for a map of the vicinity and mailing area for notices and Attachment 2 for the Data Table of the project.

 

Previous Actions on the Site

There are no previous planning permits and no active Neighborhood Preservation cases associated with this property. There have been a few building permits for various repairs and a re-roof permit between 1961 to 2025. The most recent building permit BLDG-2025-2968 was for repairs of water piping. 

 

 

ENVIRONMENTAL REVIEW
A Class 1 Categorical Exemption relieves this project from CEQA provisions. Class 1 consists of minor alterations to existing structures, including additions that will not result in an increase of more than 50 percent of the existing floor area, or 2,500 square feet, whichever is less. The proposed additions are less than 50 percent of the existing floor area, and 2,500 square feet.

 

DISCUSSION

 

Site Layout and Architecture

The project site is located on the southwest corner of the intersection of Cascade Drive and South Mary Avenue. The property is a Trapezoid shaped lot with a property line bending east at an angle from the most south-eastern point adjacent to South Mary Avenue towards Cascade Drive and curves along the intersecting corner. The property is bound by three parcels containing single-family residences and zoned R-1 (Low Density Residential).

 

The subject property is 8,146-square feet in size and is currently developed with a 1,363-square foot single-story, single-family residence, and a 501-square foot attached garage. The home was originally built in 1960 in the Ranch style. Although the home and front door faces South Mary Avenue the front yard is positioned on Cascade Drive and the reducible front yard is considered on the South Mary Avenue side. Due to the irregularly shaped lot narrowing on the north side toward Cascade Avenue, and how the city determines the front and reducible front yard; there are limitations to the north and east of the parcel. The property also maintains a five-foot public utility easement and a 10-foot wire clearance easement on the west side of the parcel.


The proposed additions to the house are located in the rear, reducible front yard, and the front yard to maximize the available land, while maintaining the orientation of the house in the direction of South Mary Avenue. The architecture of the additions will update and refurbish the Ranch style home. The existing orientation and horizontal characteristics of the Ranch style will be updated on the reducible front yard facing South Mary Avenue. This will be done by implementing new bay windows and replacing and reducing the height of the existing wood siding on the façade. The siding and stucco proposed would match all colors that are present on the existing home. In addition, the project proposes raising the plate height on the addition and overall height of the home to 17 feet 5 inches from 16 feet 4 inches.

 

Floor Area Ratio: A residential project with an Floor Area Ratio (FAR) less than 45% can be reviewed by the Director of Community Development. The neighborhood contains mostly one-story homes. The proposed FAR of 32 percent is consistent with the existing homes in the neighborhood.

 

Applicable Design Guidelines and Policy Documents: The proposed home is consistent with the adopted Single-Family Design Techniques since the proposed design incorporates prevailing ranch style design elements from the neighborhood and positively adds to the streetscape. Staff has included findings for the Single-Family Design Techniques in Attachment 3.

 

Development Standards

The proposed project, including the addition to the house, complies with most of the applicable development standards as set forth in the Sunnyvale Municipal Code, such as height, parking, lot coverage, floor area ratio, side yard, front yard and reducible front yard setbacks.

 

Rear Setback Variance:

The applicant requests a deviation to allow 191-square foot addition (34 percent of the total rear yard) at the rear setback of seven foot four inches, where a ten-foot minimum is required. The irregular shaped lot and easements on the property make it difficult to construct structures that comply with all development standards, while also providing a functional rear yard.

 

Applicant’s Variance Justifications

The applicant has provided the following justifications to support the Variance request (see Attachment 6):

 

• For Finding #1, The property is an irregular shaped lot that maintains restrictions through the setbacks implemented by the Municipal code. The site has a reducible front yard, a front yard, and multiple easements on the property that would limit the location of the constructability of an addition to the home depriving the owner of privileges enjoyed by other properties in the vicinity within the same zoning district.

 

• For Finding #2, The proposal that has been provided would not be materially detrimental to the public welfare as the project would only be impacting the parcel of the construction.

 

• For Finding #3, The applicant would not be granted special privilege and upon denying the variance would be denying the right to enjoy or optimize the lot like the neighbors with standard lots in the area.

 

Variance Findings:

Staff have been able to make the findings for this Variance request (see Attachment 3). The requested rear yard deviation is reasonable due to the unique configuration of the lot and would not affect privacy as addition is limited to one-story and will have no visual impacts to the adjacent neighbors.

 

The Variance that is being proposed would otherwise reinforce the orientation of the front of the home towards South Mary Avenue matching existing homes in the neighborhood. The rear yard would follow the neighborhood pattern by treating the rear yard as a side yard, further integrating the corner lot by orienting the lot in the same direction as adjacent homes. This would also provide additional privacy to adjacent properties by using the side yard as outdoor door space. See attachment 3 for required Variance findings and Attachment 2 for Project Data Table.

 

PUBLIC CONTACT 

53 notices were sent to surrounding property owners and residents adjacent to the subject site 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. Approve the Design Review and Variance with recommended Findings in Attachment 3 and recommended Conditions in Attachment 4.

2. Approve the Design Review and Variance with modifications.

3. Deny the Design Review and Variance permit.

 

RECOMMENDATION

Recommendation

Alternative 1. Approve the Design Review and Variance with recommended Findings in Attachment 3 and recommended Conditions in Attachment 4.

 

Staff

Prepared by: Christian Mendoza, Assistant Planner

Approved by: Momo Ishijima, Senior Planner

 

ATTACHMENTS

1.                     Vicinity and Noticing Maps

2.                     Project Data Table

3.                     Recommended Findings

4.                     Recommended Conditions of Approval

5.                     Site and Architectural Plans

6.        Variance Justifications by the Applicant