REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on a 2.2-acre site:
SPECIAL DEVELOPMENT PERMIT: to consider the redevelopment of a shopping center with a 46-unit, three-story townhouse development; and
TENTATIVE MAP: to subdivide the existing lot into seven lots and four parcels and create 46 condominiums.
Location: 1040-1060 East El Camino Real (APN: 313-04-026)
File #: PLNG-2023-0880
Zoning: ECR-MU-24 (El Camino Real Mixed Use)
Applicant / Owner: Balboa Retail Partners (applicant) / Brfii Bell Llc (owner)
Environmental Review: No additional review required as per CEQA Guidelines 15168(c)(2) and (4) - environmental impacts of the project are addressed in the El Camino Real Specific Plan (ECRSP) Environmental Impact Report (EIR).
Project Planner: Momo Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: El Camino Real Specific Plan (ECRSP)
Existing Site Conditions: A 24,936-square foot commercial center
Surrounding Land Uses
North: Commercial and assisted living facility across El Camino Real
South: Single-family residential
East: Auto repair and commercial
West: Commercial center across Henderson Avenue
Issues: Concession and Waivers from Development Standards
Staff Recommendation: Alternative 1. Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit based on the Recommended Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4.
BACKGROUND
Description of Proposed Project
The project site is 2.2 acres in size and is currently developed with a 24,936-square foot commercial building. The proposed project consists of demolishing the existing building and constructing 46 three-story townhomes within seven buildings. The project proposes to utilize the State Density Bonus Law and is requesting a concession from a ECRSP requirement prohibiting residential only development in mixed use zoning (Sunnyvale Municipal Code (SMC) Section 19.36.060B, Footnote [7]), and waivers from development standards.
A Special Development Permit (SDP) is required for the development of multi-family projects in the ECR-MU24 zoning district per SMC Section 19.36.060. A Tentative Map (TM) is required for the creation of 46 condominium units for individual ownership on seven lots and four parcels per SMC Chapter 18.20. The findings required in order to grant an SDP and TM are discussed in Attachment 3.
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
The site was developed as a commercial center in 1977 and the site plan configuration has remained unchanged since then. Prior to the development, the site was a travel trailer rental use and agricultural use before that. SDPs and staff-level planning permits have been issued over the years for an athletic club, restaurants, dental and tutoring school uses, and signage.
The site has been in the ECR plan area since the adoption of the original Precise Plan for El Camino Real in 1993, with plan updates in 2007, and most recently with the current Specific Plan in 2022. Upon adoption of the latest ECRSP update in 2022, the site was rezoned from C-2/P-D (Highway Business / Planned Development) to ECR-MU24 (El Camino Real - Mixed Use), where both residential mixed-use and commercial are permitted development types of uses. The applicant submitted an SB330 Preliminary application on June 30, 2023.
There are no active Neighborhood Preservation complaints at the site.
EXISTING POLICY
General Plan Goals and Policies: A complete list of goals and policies from the Land Use and Transportation (LUTE) Chapter and other elements of the General Plan that pertain to the proposed project are in the Recommended Findings in Attachment 3.
ECRSP Vision Statement, Guiding Principles, Goals, and Policies: A complete list of the vision statement, guiding principles, goals, and policies from the ECRSP that pertain to the proposed project are also in Attachment 3.
ENVIRONMENTAL REVIEW
A Program-level EIR was prepared for the overall ECRSP (State Clearinghouse No. 2017102082) per the California Environmental Quality Act (CEQA), which was certified by the City Council on June 20, 2022, and identified broad environmental impacts resulting from the proposed development intensities. Certification of the ECRSP EIR included a Mitigation Monitoring and Reporting Program (MMRP) with provisions to reduce the potentially significant impacts to a less than significant level, although some impacts of the ECRSP were significant and unavoidable after mitigation. A Statement
of Overriding Considerations was also adopted in conjunction with the ECRSP EIR acknowledging the presence of the remaining significant and unavoidable impacts. The ECRSP MMRP has been incorporated into the Recommended Conditions of Approval in Attachment 4.
The City’s consultant, Michael Baker International, prepared an environmental checklist (Attachment 7) to determine whether the environmental impacts of the proposed project are within the scope of the ECRSP EIR, or if changed environmental conditions result in new or substantially more severe environmental impacts, as compared to those considered in the ECRSP EIR. The checklist also considered whether there is new information of substantial importance showing that new or substantially more severe environmental impacts would occur compared to that evaluated in the ECRSP EIR.
Review of the project, including technical studies, confirmed the project is consistent with the certified ECRSP EIR analyses and did not reveal new impacts that warranted further environmental review pursuant to Section 15183 of the CEQA Guidelines (consistency with the General Plan; the ECRSP is considered part of the General Plan). The proposed 46 residential units are consistent with the residential density studied in the ECRSP EIR. The proposed project’s lack of commercial area does not warrant additional analysis, as the deficiency would not result in greater or different impacts than those already studied in the ECRSP EIR. Therefore, staff finds that the environmental impacts of the project are addressed in the ECRSP EIR and that no additional review is required as per CEQA Guidelines 15183. The existing EIR documents can be found on the ECRSP webpage at
<https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/permitcenter/specific-plans>.
DISCUSSION
Present Site Conditions
The project site is 2.2 acres in size and is currently developed with a 24,936-square foot commercial building with nine tenant spaces and surface parking in the front and rear. The site is located on the southeast corner at the intersection of East El Camino Real and Henderson Avenue. There is an auto repair use to the east and commercial uses all around along East El Camino Real. Single-family residences are adjacent to the south and an assisted living facility is located to the northwest across East El Camino Real.
There are two driveways on East El Camino Real and one driveway on Henderson Avenue. Behind the building is a 50-foot wide paved parking and landscaped area, which is screened by a concrete masonry unit (CMU) wall.
El Camino Real is considered a high-quality transit corridor, as it has bus service with service intervals no longer than 15 minutes during peak hours. The Santa Clara Valley Transportation Authority (VTA) line 22 and rapid line 522 traverses El Camino Real throughout the City of Sunnyvale. There is a VTA bus stop in front of the subject site on East El Camino Real.
Site Layout and Architecture
The lot measures approximately 320 feet along the East El Camino Real frontage and 310 feet along the Henderson Avenue frontage. The proposal consists of seven three-story townhouse buildings, with two six-unit buildings facing East El Camino Real, and one seven-unit building facing Henderson Avenue. Four seven-unit townhouse buildings are located interior to the site with a single driveway access proposed on Henderson Avenue near the south property line for vehicular access. Unit sizes range between 1,415 square feet and 2,236 square feet (including garages), and contain two to four bedrooms.
No driveways are proposed along El Camino Real. Pedestrian circulation is provided by walkways from the public sidewalks on El Camino Real.
The project implements the ECRSP vision for a pedestrian oriented streetscape with a new 13-foot wide sidewalk with street trees along East El Camino Real, defined as the Through Zone and Furniture Zone in the ECRSP. Henderson Avenue will have an 11-foot wide sidewalk with street trees. A 15-foot Frontage Zone, which defines the build-to-line or front setback, will include amenities such as porches, awnings, planters, bicycle racks, and lighting as prescribed in the ECRSP. There are four guest parking spaces, mailboxes, and small usable open spaces along the driveway on the south side of the development (See Attachment 5). The project maintains the existing 50-foot setback to the south property line adjacent to the single-family homes.
The project architecture can be described as contemporary style with varying rooflines of flat and shed roof forms, vertical projections and offsets break up the massing along the building façades, stucco walls have a range of white and gray color tones, wood siding in the insets add warmth, and the black metal railings at the balconies accent the design. Along the East El Camino Real frontage, the ground floor porch areas are framed with a stucco arcade and wall creating a separation from the street and the front door of the townhouse units. Along the Henderson Avenue frontage, the front entrances to the units are designed with steps and awnings.
Staff finds the proposed architectural design is substantially consistent with the ECRSP design guidelines through use of high-quality materials, attention to detail at focal points including at the intersection of East El Camino Real and Henderson Avenue, urban forms that vary in height and depth, and interesting pedestrian-scale elements that define the ground floor.
State Housing Legislation
The project is considered a “housing development project” under the Housing Accountability Act (HAA) and Housing Crisis Act (SB 330) because it is a multi-family development. These laws limit the circumstances to deny a housing development project that is consistent with applicable “objective standards.” The HAA defines “objective” to mean, “involving no personal or subjective judgement by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and public official.” When a project complies with all objective standards, cities are prohibited from reducing units or denying the project unless a preponderance of evidence finds there is a specific, adverse impact on public health or safety where there is no feasible method to mitigate or avoid.
Residential Density
The applicable residential density requirement (“base maximum density”) is 24 dwelling units per acre, as prescribed by development standards in SMC Chapter 19.36 (El Camino Real Specific Plan). SMC 19.36.070 also requires at least 85% of the base maximum density.
The proposed density of 21.2 dwelling units per acre complies with the ECRSP density requirement.
ECRSP Residential Development Capacity
The ECRSP allows for a maximum residential development capacity of 6,900 net new housing units. This buildout level was studied in the ECRSP EIR to ensure that long-term development within the plan area would not adversely impact the environment or exceed the carrying capacity of infrastructure systems. As of the date of this staff report, 229 residential units have been approved under the updated ECRSP development capacity. Approval of this project would result in a balance of 6,625 units. Therefore, the project is within the allowable ECRSP residential capacity evaluated in the EIR.
Development Standards
The project complies with several applicable development standards in the SMC, such as height, setbacks, parking, usable open space, total landscaping, daylight plane, and solar access. The applicant proposes to utilize the State Density Bonus Law for a concession to be relieved from the prohibition on residential-only development, and waivers from eight development standards. The Project Data Table in Attachment 2 summarizes the project's compliance with SMC development standards.
State Density Bonus Law
The project will include seven affordable units that will be available for sale to moderate income households (15% affordable). This triggers the entitlements in the State Density Bonus Law that allows a developer to request one concession, unlimited number of
waivers, and reduced parking.
Concession: The project is entitled to one concession, which means relief from compliance with an objective regulatory requirement that results in identifiable and actual cost reductions to the project. The applicant requests a concession to allow a residential only development, where SMC Section 19.36.060 Footnote 7 prohibits residential only development in a mixed-use zone.
The applicant’s State Density Bonus Law Request Letter in Attachment 8 notes that the requirement to incorporate commercial into the project site would require stacked flats (apartments or condos) on top of commercial, which is more expensive to build than townhomes alone. It is estimated that the construction cost savings with a townhome only development would be approximately $11.6 million (see Attachment 12).
Waivers: Unlimited waivers (reduction in development standards) are permitted if the applicant can demonstrate that compliance with the development standards would physically preclude them from constructing the proposed development with the allowed number of units. The applicant has provided a letter (see Attachment 9), which provides justifications. The applicant requests the following waivers:
1. Minimum Ground Floor Commercial - 0 square feet, where 12,300 square feet minimum is required (SMC Section 19.36.090)
2. Distance between buildings - 14 feet (Buildings 1 & 2), 20 feet (Buildings 4 & 5) and 25 feet (Buildings 3 & 4 and 5 & 6) where 26 feet minimum is required (SMC Section 19.48.030)
3. Minimum Landscape Buffer - 4.5 feet (along south property line), where 10 feet minimum is required (SMC Section 19.37.040)
4. Parking Lot Shading Requirement - 21% where the minimum requirement is 50% shading within 15 years of development (SMC Section 19.46.120)
5. Minimum Ground Floor Plate Height for Residential - eight feet, where 10 feet minimum is required (SMC Section 19.36.100b)
6. Garage space to accommodate solid waste bin storage - six units at 405 square feet and 18 units at 417 square feet, where 450 square feet is required (Solid Waste Guidelines)
7. Loading Space - No loading space, where a loading space is required (SMC Section 19.46.160)
8. Light Pole Height in Landscape Buffer - 12 feet where eight feet is required (ECRSP 4.6.2.a)
The applicant’s justification letter cites specific site constraints that limit the ability to comply with the development standards listed above, thereby, warranting a request for waivers. To meet circulation requirements for emergency vehicles and solid waste collection, required setbacks, and greater build-to-lines for two street frontages, staff finds that the requested waivers for no commercial, distance between buildings, landscape buffer, parking lot shading, minimum garage area, loading space, and perimeter lighting are justified. In addition, the reduced ground floor plate height for residential allows the overall height of the buildings to be within the range for ground ladder access for fire prevention (see Attachment 8 - State Density Bonus Law Request Letter from Applicant). Therefore, staff finds that the requested waivers meet the State Density Bonus Law finding.
Staff also finds that granting the waivers is reasonable and would not result in negative impacts. Exterior setbacks that would impact the streetscape and adjacent neighbors exceed minimum requirements. The height of the buildings is also less than the maximum allowed. The proposed garage area and layout allows for adequate storage space for trash carts, as washer and dryer units will be placed inside the townhomes. One of the guest parking spaces has been increased in width from nine feet to 12 feet to accommodate wider vehicles. Lastly, staff is supportive of the lighting deviation as the reduction in height would require more light poles to be installed to meet the lighting requirement and less trees to be planted along the landscape strip and a condition of approval has bee included to ensure that the lights are shielded from spilling on to adjacent properties. (See Attachment 4 - Recommended Conditions of Approval #BP-23)
Parking Reduction: The proposed project complies with the ECRSP parking requirements and does not seek a parking reduction under the State Density Bonus Law.
Traffic
The project is oriented towards the El Camino Real public right-of-way, provides enhanced multimodal transportation access, and would install sidewalk improvements along its project frontage, including street trees and pedestrian-scaled lighting in accordance with ECRSP requirements. Per Council Policy 1.2.8, Vehicles Miles Traveled (VMT) is used to identify potential transportation impacts of a proposed land use project. The project is in an area where the average VMT per capita is 15
percent below the Countywide VMT Baseline Average. Therefore, the project will not trigger any transportation-related impacts per CEQA and a VMT analysis is not required.
Additionally, a Local Transportation Analysis (LTA) is not required for operational impacts per the City’s Transportation Analysis Guideline for VMT and LTA, as the project is not expected to generate over 100 net new AM or PM peak hour trips based on trip generation calculation for 46 residential units.
Transportation Demand Management
The project is subject to the City’s multifamily residential TDM requirements, with a minimum of 4.6 points required from the adopted TDM strategies list. The project meets the 4.6 required TDM points through its proximity to a major transit route and commercial uses, bicycle/pedestrian/transit access improvements, wayfinding station, and TDM communication strategies.
Parking
The ECRSP requires a minimum of 83 covered parking spaces. No unassigned parking spaces are required. The project provides two covered parking spaces per unit in the garage for each of the 46 townhouse units, and four uncovered parking spaces for a total of 96 parking spaces, exceeding the SMC parking requirement by 13 parking spaces, and exceeding the State Density Bonus Law parking requirements by 15 parking spaces.
Additionally, the proposed project meets the minimum required bicycle parking spaces by providing 46 Class I (long-term) spaces and eight Class II (short-term) spaces.
Tree Preservation, Removal, and Replacement
An arborist report was prepared and evaluated a total of 38 existing private trees, consisting of liquidambar, eucalyptus, cedar, canary island pine, coast redwood, and various other trees internal in the site near the existing building. The City Arborist and Planning Division staff walked the project area with the applicant to verify the proposed removals.
The resulting project includes the removal of 36 trees, of which 28 are considered protected per SMC Chapter 19.94 with trunks that are at least 38 inches in circumference measured 4.5 feet from grade. The trees proposed for removal conflict with the proposed building locations, circulation areas, and public improvements in various areas of the site. The proposed landscape plan shows all 28 protected trees for removal. Staff recommends preservation of two protected, healthy redwood trees located at the southeast corner of the site (#49 and 51) if deemed feasible without physically modifying the location of the private road(see Attachment 4 - Conditions of Approval #BP-19 and BP-21).
The project will be required to comply with the City’s tree replacement standards (see Attachment 4 - Conditions of Approval #BP-19). A total of 16 maple trees are proposed along the property lines adjacent to the existing homes to the south and commercial to the east. Planting of these trees along the property line will also help to mitigate privacy and visual impacts to neighbors.
Green Building and Reach Code Requirements
In accordance with Green Building Program requirements, the project would be required to achieve a minimum of 90 points on the GreenPoint Rated checklist.
Solid Waste and Recycling Access
The project includes single-family recycling and garbage service, with individual carts to be staged on-site during trash collection in front of the individual garage doors. The applicant has worked with Environmental Services and Public Works Department staff to determine that the internal circulation satisfies the requirements for solid waste and recycling collection vehicles.
Vesting Tentative Map
The Vesting Tentative Map calls for subdivision of the existing lot into seven lots and four parcels, and create 46 condominiums. A Homeowners Association (HOA) will ensure ongoing maintenance of common areas such as surface parking, private walkways, private utilities, and public utilities.
Easements
The development includes several easements to enable ingress/egress and emergency vehicle access, and a five-foot street easement that would be dedicated along El Camino Real. In addition to public utility easements and private easements for storm drain, sanitary sewer, water, and fire service. The existing ten-foot slope easement, six-foot landscape easement, and part of the ten-foot public utility easement will be vacated along the project frontage on El Camino Real.
Fiscal Impact
No fiscal impacts other than normal fees and taxes are expected. The project will be subject to additional fees including the Park In-Lieu Fee, ECRSP-Specific Transportation Impact Fee, and ECRSP Plan Maintenance Fee as noted in the Conditions of Approval.
Public Contact
Neighborhood Outreach Meeting
The applicant hosted an online neighborhood outreach meeting on October 3, 2024, with 21 members of the public present. The attendees asked questions about privacy, guest parking, removal of trees, south wall, architectural details, pedestrian connections, affordability of the units, and construction schedule. One correspondence from the adjacent neighbor received after the meeting has been included as an attachment (See Attachment 11).
Planning Commission Study Session
The Planning Commission reviewed the project plans at a study session on October 14, 2024. The Planning Commission was generally supportive of the project design but inquired about the loss of commercial in a mixed-use zoning, consistency with the ECRSP EIR, access, and parking. Two members of the public commented on guest parking, street parking, and architectural details. Two members of the public expressed support for the project.
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 NOVA Workforce Services 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.
1,072 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. Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit based on the Recommended Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4.
2. Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit based on the Recommended Findings in Attachment 3 with modified Conditions of Approval.
3. Do not make the required Findings and direct staff where changes should be made.
STAFF RECOMMENDATION
Recommendation
Alternative 1. Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit based on the Recommended Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4.
The proposed project furthers the goals and objectives of the General Plan and ECRSP by providing medium-density ownership housing along the El Camino Real corridor. The proposed project includes land uses/intensities and a project design that contributes towards an improved quality of life, a more balanced jobs-to-housing ratio, and minimizes sprawl. The project also complies with the ECRSP’s objective design standards, contributes to a sense of place, and an enhanced pedestrian experience
along El Camino Real’s streetscape. In addition, the proposed project provides opportunities for Sunnyvale residents to age in place. The applicant’s justifications for the requested concession and waivers are reasonable as they still result in a well-designed project. No new significant environmental impacts would occur with implementation of the project and all approved mitigation measures in the ECRSP EIR would continue to be implemented.
Staff also finds that neighborhood impacts are minimized, as the project complies with most development standards that impact the site periphery, such as setbacks, solar shading, daylight plane, and building heights. The buildings are set back at least 50 feet from the south property line, adjacent to existing homes. The buildings facing existing residential are cited perpendicular to the southern property line, therefore, only five of the 46 units face the existing residential neighborhood. In addition, the proposed on-site parking exceeds minimum ECRSP requirements by providing an additional 13 spaces, including four unassigned parking spaces where no unassigned parking spaces are required. The applicant's widening of one unassigned parking space will also help to reduce impacts associated with the lack of a designated loading zone. In addition, the required right-of-way improvements, such as wider sidewalks along both street frontages and a high visibility yellow crosswalk on the southside of East El Camino Real and Henderson Avenue will be an improvement to the neighborhood.
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 $250 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
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Momo Ishijima, Senior Planner
Reviewed by: Noren Caliva-Lepe, Principal Planner
Approved by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Noticing and Vicinity Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. Site and Architectural Plans
6. ECRSP Mitigation Monitoring and Reporting Program
7. CEQA Environmental Checklist
8. State Density Bonus Law Request Letter from Applicant
9. Transportation Demand Management Program
10. Parking Management Plan
11. Comments from Neighbors
12. Cost Analysis for State Density Bonus Concession from Applicant