REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project:
APPEAL of a decision by the Director of Community Development approving a DESIGN REVIEW to demolish an existing home and construct a new two-story single-family home resulting in 3,579 square feet (3,174 square feet living area and 405 square feet garage) and 34.8% floor area ratio (FAR).
Location: 180 Donner Court (APN: 165-18-025)
File #: PLNG-2024-0817
Zoning: R-0 (Low-Density Residential)
Appellant: Anand Mohan and Seungug “Sean” Koh
Applicant/Owner: Vani Bahl / Karthik Raghunathan and Harini Jambunathan
Environmental Review: Exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303, New Construction of Small Structures (Class 3).
Project Planner: Julia Klein, (408) 730-7463, jklein@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Residential Low Density
Existing Site Conditions: Single-family residence
Surrounding Land Uses
North: Single-family residence
South: Single-family residence
East: Single-family residence
West: Single-family residence
Issues: Appeal letters noting concerns with neighborhood compatibility and privacy.
Staff Recommendation: Alternative 1. Deny the Appeals and uphold the decision of the Director of Community Development to approve the Design Review for the proposed two-story single-family home based upon the Recommended Findings for Approval in Attachment 2 and subject to the Conditions of Approval in Attachment 3.
BACKGROUND
The applicant submitted a staff-level Design Review application for the demolition of the existing one-story single-family home and the construction of a new two-story single-family home on December 20, 2024. Notices were mailed to residents within 300 feet of the project site for public comment as required by the Sunnyvale Municipal Code (See Attachment 1, Vicinity and Noticing Radius Map). The notice period was held between May 8, 2025 to May 22, 2025. As the proposed project meets all applicable policies and code requirements, the application was approved on May 27, 2025 (see Attachment 8 - Design Review Approval Letter for PLNG-2024-0817).
During the 15-day appeal period, two neighbors filed separate appeals of the decision. One was from the property owner at 174 Donner Court and the other email was from the property owner at 932 Carson Drive. The appellants highlighted concerns about neighborhood compatibility and privacy. See appeal letters in Attachments 7 and 8.
The following sections include a summary of the proposed project’s consistency with applicable code requirements and design guidelines; as well as staff’s response to the points raised in the appeals.
Description of Proposed Project
The existing one-story, single-family residence is situated on a 10,282 square-foot lot located in a cul-de-sac on Donner Court. The applicant proposes to demolish the existing home and construct a new two-story single-family home resulting in 3,579 square feet (3,174 square feet living area and 405 square feet garage). The project would result in a 34.8% FAR and 28.3% lot coverage.
Pursuant to the Sunnyvale Municipal Code (SMC) 19.80.030, the project qualifies for staff-level design review because the proposed 34.8% FAR and 3,579 square feet home is under the 45% FAR or 3,600 square-feet (whichever is less) thresholds for Planning Commission review. See Attachment 4 for Project Data and Attachment 5 for Project Plans.
Previous Actions on the Site
There are no previous planning permits, and no active Neighborhood Preservation cases associated with this property. There is a building permit for the construction of the single-family residence in 1956 (B18152130) and there are multiple building permits for various repairs between 1991 to 2021.
DISCUSSION
Site Layout and Architecture
The project site consists of the demolition of the existing one-story single-family residence and construction of a new two-story single-family residence on a 10,282 square-foot lot. The residence is located within a predominantly one-story neighborhood that consists of ranch-style architecture with simple roof forms (gable and hip), low-pitch roofs, recessed front entries, garages in the front, asymmetrical façades, and picture windows.
The proposed project consists of a new two-story single-family residence with a two-car garage. The proposed first floor would include a two-car garage, four bedrooms, three bathrooms, a powder room, a laundry room, a kitchen, and a great room. The proposed second floor would include two bedrooms, a bathroom and a family/media room with an uncovered deck.
The proposed second floor is setback from first floor walls on all sides with approximately 25 feet from the front property line, 14 feet from the left-side property line, 12 feet from the right-side property line, and 48.5 feet from the rear property line.
The design utilizes high sill windows along the left and right-side elevations to minimize privacy concerns while also providing natural light and ensuring no blank walls at these elevations. On the left side, the second-floor windows at bedroom 5 and the stairway will be high sill windows with frosted glass. On the right side, the windows at bedroom 6 and the family/media room will also be high sill windows with frosted glass. The rear uncovered deck off the family/media room will be set back approximately 33 feet from the rear property line. As proposed, the deck would have a 5 feet tall, solid privacy wall facing the right-side property line and 3.5 feet tall railing facing the rear property line to meet Building Code requirements. The gable roof above the great room would serve as screening for the deck
The proposed design utilizes transitional modern ranch architectural elements and incorporates a more prominent front entry feature. The proposed exterior materials include white stucco which is complemented by brown garage and entry doors, and bronze window trims. A stone treatment is proposed as wainscoting along the front of the house to reduce the visual bulk of the building and to provide more visual interest. The roof consists of a combination of hip and gable styles, in line with the simple ranch design seen in many of the original homes in the neighborhood. The proposed metal roofing material will be brown in color which compliments the other colors and materials proposed for this residence.
The project would preserve the existing 36-inch Japanese Maple at the left, rear corner of the property and relocate the existing curry leaf tree elsewhere on the property. No other tree removals are proposed as part of this application.
The project plans are provided in Attachment 5 and the proposed colors, materials, and architectural details are shown in sheet A-3 of the plans.
Applicable Design Guidelines
The proposed design is generally consistent with the adopted Single-Family Home Design Techniques. The design maintains similar building and roof forms as may be found in the neighborhood. The design includes 9 feet first-floor and 8 feet second-floor plate heights that are similar to other homes in the neighborhood. The floor area of the second floor is within 35% of the floor area of the first floor. The second-floor setback is setback from first floor walls on all sides which helps to reduce bulk and massing. The privacy implications of the second-floor windows along the left and right sides are reduced by utilizing high-sill, frosted windows.
Overall, the proposed project meets all applicable design guidelines which is discussed in more detail in the Findings for Approval in Attachment 2.
Appeals
During the 15-day appeal period, the City received two separate appeals. Below is a summary of the points raised in the appeal letters followed by staff’s response:
Appeal 1 - Resident at 174 Donner Ct (See Attachment 7)
Mr. Mohan indicated that he was out of town during the May 2025 Public Review period and therefore did not have an opportunity to discuss his concerns with the project planner Ms. Bagley, , prior to staff’s decision to approve the project. Following the May 27, 2025 staff-level approval, he filed an appeal and cited the following concerns:
1. Scale, Bulk and Character: The design does not respect the scale, bulk and character of homes in the neighborhood.
2. Privacy Concerns: The introduction of windows facing the left side neighboring property compromises privacy in the neighbor’s bathrooms and rear yard.
3. Garbage/Trash: The partially curved frontage does not appear to include room to stage bins for service.
4. Parking: The project would add more bedrooms; but there is no increase in on-site parking.
5. Process: Design Review projects that trigger public hearing vs. staff-level reviews.
Appeal 2 - Resident at 932 Carson Dr (See Attachment 8)
Mr. Koh reached out to the project planner; but indicated that his concerns had not been addressed. Following the May 27, 2025 staff-level approval, he filed an appeal and cited the following concerns:
1. Scale, Bulk and Character: The size of the 3,579 square feet home and the design does not respect the scale, bulk and character of homes in the predominately single-story neighborhood.
2. Privacy Concerns: The proposed second-floor windows and deck facing neighboring properties do not respect privacy of adjacent neighbors; and the proposed frosted glass windows and 5 feet tall solid wall are insufficient as they “do not address possible vision intrusion to the neighbors”.
Following the filing of the appeals, staff met separately with each appellant, and with the applicant and property owners to discuss the reasons for the appeals and discuss options.
Staff Response to the Appeals
Appeal 1
1. Scale, Bulk and Character -
The Sunnyvale Municipal Code only prohibits two-stories if the property is in a single-story combining district, which it is not. Therefore, property owners are allowed to construct a two-story single-family residence on this property provided it complies with the adopted development standards and Single-Family Home Design Techniques.
The zoning for the project site is R-0, which allows two-story single-family homes of up to 30 feet in height. The proposed overall height is approximately 22 feet 10 inches and the project utilizes low-profile gable and hipped roof forms with a 4:12 roof pitch, similar to other homes in the neighborhood.
Per the Sunnyvale Single Family Home Design Techniques, the second story of homes in neighborhoods with predominantly one-story homes should be designed to minimize the visual bulk of the structure. The project site is located in a predominately one-story neighborhood in that one of the 59 homes in the neighborhood is a two-story home, specifically the home at 165 Piedra Drive. Design Technique SF-1 specifies that in predominantly one-story neighborhoods, the second-floor area should not exceed 35% of the first-floor area (including the garage). The project proposes a 24.5% second-to-first-floor ratio.
The proposed home aligns with Design Technique SF-3 which states that second-floor ceiling heights should be minimized. The proposed home adheres to the Single-Family Home Design Techniques by incorporating a nine-foot wall plate height on the first floor and eight feet on the second floor. Also, see Attachment 2 - Recommended Findings for Approval.
2. Privacy Concerns -
The project incorporates typical design elements that are intended to minimize privacy concerns such as larger setbacks at the second floor and high sill windows along the side elevations. The high sill windows are positioned at 5 feet as measured from the second floor’s finished floor to the bottom of the window sill.
The second-floor side yard setback on the left side, facing the appellant's property, ranges from approximately 14 feet to 20 feet which exceeds the required individual side setback of four feet and combined side setback of 20% of lot width (or 10 feet 11 inches). Additionally, the second-floor windows on both the left and right-side elevations would be high sill windows. The second-floor setback distance and proposed second-floor window placement are consistent with the adopted design techniques to minimize privacy impacts.
Following the appeal, staff met with the appellant and applicant to discuss additional design options to minimize privacy impacts. The property owner has agreed to install frosted glass in the high sill windows and to install a new fence along the side and rear property lines that would be comprised of a 6 feet solid portion with 2 feet lattice on top; and applicant has added clarifications on the Project Plans as requested by the appellant. These changes are reflected in the Project Plans in Attachment 5, which has been clouded (or circled) to denote the changes and revision date.
3. Garbage/Trash - The partially curved cul-de-sac frontage is a feature from the original 1950’s subdivision of this neighborhood. Garbage truck sizes and servicing needs may have changed since then. The current garbage service manages to function in Donner Court.
4. Parking - The project is subject to Sunnyvale Municipal Code Section 19.36.050(a) which requires two covered-garage parking spaces and two uncovered parking spaces. The proposed project meets this requirement.
5. Process - The proposed 34.8% floor area ratio (FAR) and 3,579 square feet home is under the 45% FAR or 3,600 square-feet (whichever is less) thresholds; therefore, the project qualified for staff-level Design Review.
Appeal 2
1. Scale, Bulk and Character - The proposed project would result in a home with a gross floor area of 3,579 square feet, of which 3,174 square feet would be living area and 405 square feet would be the garage. While the 3,579 square feet number may be larger than other homes in the neighborhood, it’s important to note that this is one of the largest lots in the neighborhood and the proposed project would result in 34.8% floor area ratio (FAR).
Furthermore, at 10,282 square feet, the project site is larger than the majority of properties in the neighborhood. When compared to the size of homes on smaller lots in the neighborhood, the proposed 3,479 square foot home appears to be proportional to its lot size.
2. Loss of privacy -
The project utilizes typical measures to minimize privacy impacts due to second floor windows and rear deck, specifically:
a. Second-floor windows -
i. Side Elevations - As mentioned above, the second-floor windows on the left and right-side elevations are proposed as high sill windows and would be frosted glass as noted on the Project Plans. The windows are located over 14 feet from the left-side property line and over 12 feet from the right-side property line. Additionally, the project plans show a new side fence (6 feet solid with 2 feet lattice on top) along both side property lines.
ii. Front Elevation - The three second-floor windows on the front elevation are setback 25 feet from the front property line and face Donner Court.
iii. Rear Elevation - At the second-floor rear elevation, the plans show a double-door leading to the rear deck and two high sill windows (one at the middle of the stairway and one at the wetbar). The double-door and high sill windows would be setback 48.5 feet from the rear property line and a new fence (6 feet solid with 2 feet lattice on top) would be installed. The rear neighbor at 914 Carson Drive provided a letter in support of the project. Additionally, as part of upgrading the property, the applicant is required to submit a landscape and irrigation plan which would include preservation of the Japanese Maple tree, relocation of the existing curry leaf tree, and planting of new landscaping/trees provided they are planted outside the rear 5-foot Public Utility Easement (PUE).
b. Rear deck -
i. Right Elevation - The proposed plans show a second-floor rear deck that would setback between 20 feet to 31 feet from the right-side property line; and includes a 5 feet tall side wall to minimize privacy impacts.
ii. Left Elevation - The left side of the deck is screened by the roof above the Great Room.
iii. Rear Elevation - The rear of the deck would be setback over 33 feet from the rear property line. A new fence (6 feet solid with 2 feet lattice on top) would be installed along the rear property line. Additionally, as part of upgrading the property, the applicant is required to submit a landscape and irrigation plan which would include preservation of the Japanese Maple tree, relocation of the existing curry leaf tree, and planting of new landscaping/trees provided they are planted outside the rear 5-foot Public Utility Easement (PUE).
Overall, the proposed design of the home meets the required development standards and is generally consistent with the Single-Family Home Design Techniques and incorporates typical measures to minimize privacy impacts on adjacent neighbors.
ENVIRONMENTAL REVIEW
The project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to the Class 3 exemption in CEQA Guidelines Section 15303 which applies to new construction of small structures such as single-family residences.
FISCAL IMPACT
No fiscal impacts other than standard permit fees and construction taxes associated with the project.
PUBLIC CONTACT
Notice of Public Hearing, Staff Report and Agenda were provided as follows:
• 90 Notices were mailed to property owners and residents within 300 feet of the project site.
• Notice posted on the project site.
• Agenda posted on the City’s official notice bulletin board.
• 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.
Staff received public comments on the proposed project. Public comments received prior to May 27, 2025 included privacy concerns that were addressed prior to the staff-level approval of the project. See Attachment 9 - Public Comments.
Public comments received after May 27, 2025, generally show support for the proposed project with the exception of the two appeals.
Any public comments received after publication of the agenda report will be provided separately.
ALTERNATIVES
1. Deny the appeals and uphold the decision of the Director of Community Development to approve the Design Review Permit for the proposed two-story single-family home based on the Recommended Findings for Approval in Attachment 2 and subject to the Conditions of Approval in Attachment 3.
2. Alternative 1 with modifications to the Findings for Approval and/or Conditions of Approval (by the Planning Commission).
3. Grant one or both of the appeals and deny the Design Review Permit for the proposed addition to the existing single-family home based upon revised Findings for denial (to be articulated by the Planning Commission).
RECOMMENDATION
Recommendation
Alternative 1: Deny the appeals and uphold the decision of the Director of Community Development to approve the Design Review Permit for the proposed two-story single-family home based upon the Recommended Findings for Approval 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
Prepared by: Julia Klein, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Vicinity and Noticing Radius Map
2. Recommended Findings for Approval
3. Recommended Conditions of Approval
4. Project Data Table
5. Project Plans (dated June 27, 2025)
6. Design Review Approval Letter (dated May 27, 2025)
7. Appeal Letter 1
8. Appeal Letter 2
9. Public Comments