REPORT TO COUNCIL
SUBJECT
Title
File #: 2015-7259
Location: 423 E. Maude Ave. (APN: 204-21-006)
Zoning: R-3 (Medium Density Residential)
Proposed Project: Call for Review by the City Council of a decision by the Planning Commission approving related applications on a 0.59-acre site:
DESIGN REVIEW to allow 11 townhome units;
VESTING TENTATIVE MAP to subdivide one lot into 11 lots plus one common lot, and
VARIANCE to allow an average front yard setback along Maude Ave. of 18 feet 10 inches, where 20 feet average is required.
Applicant / Owner: Classic Communities / Robert Alonso Trustee
Environmental Review: Mitigated Negative Declaration
Report
REPORT IN BRIEF
General Plan: Residential Medium Density
Existing Site Conditions: Eight multi-family residential units
Surrounding Land Uses
North: Single-family homes (R-0, Low Density Residential)
South: Multi-family residential (R-3)
East: Religious institution (P-F, Public Facilities)
West: Multi-family residential (R-3)
Issues: Average front yard setback
Staff Recommendation: Adopt the Mitigated Negative Declaration and approve the Design Review, Vesting Tentative Map, and Variance, based on the findings for approval and with the recommended conditions of approval.
BACKGROUND
Description of Proposed Project
The project includes the full demolition of the existing eight multi-family units and construction of 11 three-story townhomes within two buildings. See Attachment 1 for the vicinity and noticing radius map and Attachment 2 for the project data table. Findings to approve the Design Review, Vesting Tentative Map, and Variance are included in Attachment 3. The applicant’s variance findings are in Attachment 5, and the recommended conditions of approval are in Attachment 4. The project includes the following applications.
• Design Review. A Design Review is required for site and architectural review for multi-family residential projects with 3 to 50 units within the R-3 zoning district. The project complies with density requirements. A maximum of 14 units can be considered with the current zoning of the property. General Plan Policy HE-4.3 requires new developments to build to at least 75% of the maximum density, or 11 units minimum for this site. Therefore, the project meets the policy by providing the minimum number of units required by the General Plan policy.
• Vesting Tentative Map. A Tentative Map is required prior to a Final Map for the creation of 11 townhome lots and one common lot. The Tentative Map shows the location of the proposed lot lines, public and private streets and other improvements (see page 16 of 31 of Attachment 6). A Vesting Tentative Map vests the developer’s right to build the project for the life of the map and secures the approved project against future Sunnyvale Municipal Code (SMC) amendments that might otherwise affect the project. The Vesting Tentative Map is valid only in conjunction with the approved site plan and conditions of approval. The Tentative Map conditions of approval are listed in Attachment 4. The Final Map is approved by the City Council and must be in substantial conformance to the Vesting Tentative Map.
• Variance. A Variance is required to consider exceptions to zoning code provisions when there are difficulties or unique situations for properties not located within a Planned Development (PD) zoning district. The applicant requests a Variance to allow an average front yard setback along Maude Avenue of 18 feet 10 inches, where 20 feet average is required.
The project was approved by the Planning Commission with minor modifications on August 24, 2015. A Call for Review was requested by Councilmembers Whittum and Meyering per Sunnyvale Municipal Code (SMC) Chapter 19.98.070.
Previous Actions on the Site
In 1975, Variance and Tentative Map applications were approved to allow subdivision of the property into three lots (for the existing units), creating substandard lot sizes and reduced setbacks. The permits were never exercised. There have been no other planning applications for the site. Prior to the current use, the site was used for agricultural purposes. The residential structures were built in the late 1940s through the early 1960s. The property is not listed on the City’s Heritage Resources Inventory.
Prior to submitting a formal application, Classic Communities submitted Preliminary Review applications with 13-unit and 11-unit townhome concepts. The 13-unit concept plan considered by the applicant included two driveways off of Morse Avenue. The 11-unit concept included a single driveway access on Maude Avenue. Staff provided feedback to the applicant that 13 units appeared too tight for the site. The applicant decided to submit a formal application for 11 units with a driveway access along Maude Avenue.
EXISTING POLICY
General Plan Goals and Policies: Key goals and policies from the Land Use and Transportation Chapter of the General Plan and Citywide Design Guidelines that pertain to the proposed project are provided in Attachment 3.
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) has been prepared in compliance with California Environmental Quality Act (CEQA) provisions and City guidelines (see Attachment 7). An Initial Study has determined that the potential environmental impacts of the proposed project will be reduced to less than significant with implementation of the recommended mitigation measures pertaining to noise (indoor and outdoor) and historic and cultural resources. The Mitigation Measures have been incorporated as conditions of approval (see Attachment 4).
DISCUSSION
Present Site Conditions
The 0.59-acre project site is located on the northwest corner of E. Maude Avenue and Morse Avenue. The project site is currently developed with eight multi-family units within three buildings. Four driveways, two per street, provide direct vehicular access to the streets. Landscaping is comprised of groundcover and trees.
Site Design and Architecture
The proposed project involves the construction of 11 townhomes within two buildings, with four units in one building and seven in the other. The buildings are sited perpendicular to Maude Avenue and parallel to Morse Avenue. The buildings are three-stories in size and reach a height of no more than 35 feet, which is the maximum height permitted (with green building incentive). A common driveway is located between the two buildings and provides vehicular access to Maude Avenue. Unassigned surface parking and open space are located along the site periphery. Each townhome will contain four bedrooms and a two-car garage. The total living area of the units ranges from 1,637 square feet to 1,855 square feet.
The proposed architecture is Spanish in style with stucco siding and barrel tile roofing, with a variation of white and beige color tones. Doors are painted with a contrasting blue, green, or maroon color and detailed with decorative tile or a shed roof. Changes in wall planes and roof lines help to break up the massing of the buildings. Windows are recessed 3 inches from the walls and include decorative tile, shutters, wooden planter boxes, or wrought iron detailing to add visual interest. Wooden carriage-style garage doors are painted in different brown hues and are rectangular or arch-shaped (see Attachments 6 and 9).
Development Standards
The project complies with most of the applicable development standards in the SMC, such as density, lot coverage, parking, height, landscaping and solar access. The project data table in Attachment 2 summarizes the project’s compliance. The applicant has requested a Variance to reduce the average front yard setback requirement.
Setbacks
The project complies with minimum setback requirements along the site perimeter, with the exception of the front yard setback facing Maude Avenue. For multi-family residential projects, a minimum front yard setback of 15 feet and average of 20 feet is required. The front yard setback varies between approximately 16 feet and 19 feet, with an average of approximately 18 feet 10 inches.
A previous draft site plan complied with all setback requirements. The applicant revised the site plan by pushing the building closer to the Maude Avenue street frontage in order to accommodate an on-site trash staging area and walkway from the parking lot to the Morse Avenue street frontage. Per the applicant’s Variance justifications in Attachment 5, reduced front setbacks along Maude Avenue are not uncommon. Therefore, staff finds that the requested deviation is reasonable and can be supported with the required Variance justifications.
Landscaping/Tree Preservation
The project exceeds the minimum landscaped area requirement by providing a total of approximately 9,790 square feet of landscaping (890 square feet per unit), where 5,154 square feet (425 square feet per unit) minimum is required. The project has been designed to comply with water-efficient landscaping requirements by using 80% low water or no water plantings and 8% turf.
An arborist report was provided, which evaluated the health and disposition of 11 on-site trees. Three of the trees are considered “protected”, which is defined as having a trunk size of at least 38 inches in circumference. The three protected trees are located at the corner of Maude Avenue and Morse Avenue and include an Incense Cedar, Deodar Cedar, and Poplar. The two Cedar trees are considered to be in good condition and will be retained. The Poplar tree is in fair condition but has been topped at 10 feet and is proposed for removal. The proposed project includes one 48-inch box replacement tree within the common open space area, as well as additional nine 24-inch box and 18 15-gallon trees throughout the site. Staff finds the proposed replacement trees to be consistent with standard practices.
Usable Open Space
The project meets the usable open space requirement with 400 square feet of area per unit proposed where 400 square feet per unit is required. A common gathering area is provided along the west property line, which will be equipped with patio tables, chairs, and benches. Each unit also includes a private entrance patio and balconies on the second floor. The private entrance patios and balconies for the units facing Morse Avenue are not counted towards usable open space because they do not meet locational or dimensional code requirements.
Parking
Each unit is provided two covered spaces in an enclosed garage. The garage areas are 467 square feet or more to accommodate the storage of solid waste and recycling carts and bicycle parking. In addition, the minimum eight unassigned spaces (0.65 spaces per unit) required are provided near the northeast corner of the site. Staff recommends that any modification or addition be subject to development standards or permitting procedures in place at that time. This would include any interior construction that would result in additional bedrooms unless additional unassigned spaces can be provided per the Zoning Code.
Trash and Recycling
Individual trash and recycling carts and pick-up service are proposed for the development (see Attachment 6). A centralized staging area will be located near the northeast corner of the site and will be made of pervious paving. A curb cut is proposed along Morse Avenue, which will allow pull-out service for the carts by the trash service provider. Environmental Services and Public Works staff have determined that the preliminary plan satisfies established guidelines for trash and recycling collection in townhome developments, including sizing of the staging area and access.
Below Market Rate Housing
The project complies with the 12.5% below market rate (BMR) requirement, by committing to providing one BMR unit within the development and paying the in-lieu fee for the fractional requirement of 0.38 units.
Green Building
A minimum of 80 points is required for multi-family residential projects. With 110 points or greater, the project may increase maximum building height by 5 feet, maximum lot coverage by 5 percent, or maximum density by 5 percent. A GreenPoint Rated checklist was provided with 111 points targeted, with most of the points within the energy and water categories. The applicant proposes to utilize the incentive to increase building height from 30 feet (maximum height permitted within 75 feet of the property line of a single-family residence) to 35 feet.
PUBLIC CONTACT
City Council Hearing
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
Planning Commission Hearing
• Notice of Public Hearings
o Published in the Sun newspaper
o Posted on the site
o 904 notices were mailed to property owners and residents within 1,000 feet of the project site
o Notices were emailed to the S.N.A.I.L., Stowell Orchard and Lowlanders Neighborhood Associations
• Staff Report
o Posted on the City’s Web site
o Provided at the Reference Section of the City’s Public Library
o Made available at the City’s One-Stop Permit Center
• Agenda
o Posted on the City’s official notice bulletin board
o Posted on the City’s Web site
Outreach Meeting - June 4, 2015
Notices for an applicant sponsored outreach meeting were sent to property owners and residents within 1,000 feet of the project site and to the S.N.A.I.L., Stowell Orchard, and Lowlanders neighborhood associations. The meeting was attended by approximately ten residents; some expressed support, while others expressed concerns regarding the height and architectural compatibility.
Planning Commission Study Session - June 8, 2015
An earlier draft site plan and elevations were reviewed at this study session. The previous site plan complied with all development standards and included trash cart staging along the street frontages. Commissioners expressed concerns regarding the cart staging plan and noted potential conflicts with street parking, traffic, and bicycles. Commissioners also recommended a pedestrian walkway from the parking lot to the Morse Avenue street frontage. As previously noted, the site plan has been revised to include on-site trash cart staging and a pedestrian walkway to Morse Avenue. In addition, several Commissioners encouraged the applicant to enhance the architectural elevations, including more prominent entry features facing Maude Avenue and variation in garage door shapes and wood stains. In staff’s opinion, the applicant has incorporated the requested architectural modifications.
Planning Commission Public Hearing - August 24, 2015
A Planning Commission public hearing was held for this project on August 24, 2015 (see Attachment 10). After asking clarifying questions and considering public testimony, the Planning Commission voted to adopt the MND and approve the project on a 5-0 vote (one Commissioner absent and one vacancy) with minor modifications to require 24-inch box trees in the right-of-way park strip, and to ensure that all architectural details be included in the construction of the project (see redlined Recommended Conditions of Approval in Attachment 4).
The Planning Commission also requested that staff explore the option of installing safety measures at the intersection of Maude Avenue and Morse Avenue, such as a right-turn only restriction. The Department of Public Works has determined that the amount of traffic through the intersection does not warrant additional safety measures.
Letters from Neighbors
Staff has received several calls for information regarding the project. At the time of the staff report preparation, eight letters from neighbors have been received, seven in opposition and one in support (Attachment 8). Those in opposition note concerns about density, height, front setback deviation, energy consumption, and water supply.
ALTERNATIVES
1. Uphold the decision of the Planning Commission to adopt the Mitigated Negative Declaration and approve the Design Review, Vesting Tentative Map, and Variance with the recommended conditions of approval.
2. Modify the decision of the Planning Commission to adopt the Mitigated Negative Declaration and approve the Design Review, Vesting Tentative Map, and Variance with modified conditions.
3. Overturn the decision of the Planning Commission to not adopt the Mitigated Negative Declaration and do not approve the Design Review, Vesting Tentative Map, and Variance.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Uphold the decision of the Planning Commission to adopt the Mitigated Negative Declaration and approve the Design Review, Vesting Tentative Map, and Variance based on the findings in Attachment 3 and with the recommended conditions of approval in Attachment 4.
Staff
Prepared by: Noren Caliva-Lepe, Associate Planner
Reviewed by: Hanson Hom, Director, Community Development Department
Reviewed by: Kent Steffens, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Vicinity and Noticing Radius Map
2. Project Data Table
3. Findings for Approval
4. Recommended Conditions of Approval
5. Applicant’s Variance Justifications
6. Project Plans dated August 17, 2015
7. Mitigated Negative Declaration
8. Letters from Neighbors
9. Rendering
10. Planning Commission Public Hearing Minutes dated August 24, 2015