REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project:
APPEAL of a decision by the Director of Community Development approving a
DESIGN REVIEW to construct a 693 square foot first story addition, a 1,253 square foot second story addition, and a 714 square foot accessory dwelling unit resulting in 3,567 square feet (3,083 square feet living area and 484 square feet garage) and 36% floor area ratio (FAR) for the primary dwelling unit.
Location: 1413 Bedford Avenue (APN: 320-06-029)
File #: PLNG-2025-0804
Zoning: R-1 (Low Density Residential)
Applicant / Owner: William McIntosh (applicant) / Eliza Ridgeway (owner)
Environmental Review: Categorical Exemption under California Environmental Quality Act (CEQA) Guidelines Section 15303 (Class 3).
Project Planner: Christian Mendoza, (408) 730-7429, Cmendoza@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Low Density Residential
Existing Site Conditions: Single-family residence
Surrounding Land Uses
North: Single-family residence
South: Single-family residence
East: Single-family residence
West: Stevens Creek
Issues: Neighborhood compatibility and visual impacts
Staff Recommendation: Deny the Appeal and uphold the decision of the Director of Community Development to approve the Design Review based on the Recommended Findings for Approval in Attachment 3 and subject to the Conditions of Approval in Attachment 4.
BACKGROUND
On December 12, 2025, the applicant submitted a staff-level Design Review application for a first-floor addition and new second floor on an existing single-family home, resulting in 36% floor area ratio (FAR), and an attached accessory dwelling unit (ADU). Notices were mailed to residents within 300 feet of the project site for the required 14-day public comment period, as required by the Sunnyvale Municipal Code (See Attachment 1, Vicinity and Noticing Radius Map). The Director of Community Development approved the Design Review application on May 27, 2026, as the proposed project complies with applicable objective design standards (see Attachment 6, Design Review Approval Letter for file PLNG-2025-0804).
The adjacent neighbor on the left (south) side at 1419 Bedford Avenue filed a timely appeal of the decision. The appellant highlighted concerns about neighborhood compatibility and visual impacts (see appeal letters in Attachment 7 and Attachment 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 appeal.
Description of Proposed Project
The existing one-story, single-family residence is situated on a roughly 9,910 square-foot lot. The proposed project results in the following:
• 3,567 square foot primary dwelling unit (3,083 square feet living area plus 484 square foot garage) and 36% FAR, and
• 714 square foot attached ADU on the ground floor.
Pursuant to Sunnyvale Municipal Code (SMC) Section 19.80.030, the project qualifies for staff-level design review, with a decision by the Director of Community Development, because the proposed project results in less than 45% FAR or 3,600 square feet. See Attachment 2 for Project Data and Attachment 5 for Project Plans.
The City Council adopted the new Lower Density Residential Objective Design Standards (LDR) and associated zoning code updates on July 21, 2026, which will take effect on August 27, 2026. This project is not subject to these new standards because the application was complete prior to the effective date.
Previous Actions on the Site
There are no previous planning permits, and no active Neighborhood Preservation cases associated with this property.
DISCUSSION
Site Layout and Architecture
The property is located within a predominantly one-story neighborhood that consists of ranch-style homes with simple roof forms (gable and hip), low-pitch roofs, recessed front entries, garages in the front, asymmetrical façades, and picture windows (see Attachment 5). The property is adjacent to single-family homes on the front and side property lines. Stevens Creek is adjacent to the rear.
The proposed project consists of the demolition of an existing carport, first floor addition, attached first floor ADU, and a new second floor addition. The ADU includes one bedroom. The main dwelling unit contains three bedrooms on the first floor and three bedrooms on the second floor, for a total of six bedrooms. Balconies are also proposed along the front and rear elevations.
The proposed design utilizes a mid-century contemporary architectural style. The proposed exterior materials include gray stucco with white accents. Natural wood is incorporated into the courtyard fence design facing along the front façade. The roof consists of a dark charcoal color and has a combination of a wraparound hip skirt, gable roofs with shed dormers and a shed roof in the rear of the home that slopes up to the Bedford Avenue frontage. The area under the shed roof is pushed back over 40 feet from the front property line and has a vaulted area that reaches up to the second floor with a portion of it used as a new staircase. No protected trees are proposed for removal as part of this application (see Attachment 5).
DEVELOPMENT STANDARDS
The proposed project complies with all the applicable development standards set forth in the Sunnyvale Municipal Code, such as lot coverage, parking, height, solar shading and setbacks, as noted in the project data table in Attachment 2.
Setbacks
A portion of the existing first floor was built with a legal non-conforming front setback of 18 feet (where 20 minimum is required) and will remain. All new walls meet or exceed minimum setback requirements.
Solar Shading
The proposed second floor will shade a maximum of 0.1% of the adjacent home along the right side (north) side. No shading impacts will occur to the house on the left (south) side.
Height
The proposed project results in an overall height of 27 feet 2 inches, which complies with the maximum height limit of 30 feet.
Applicable Design Guidelines
The proposed design is generally consistent with the adopted Single-Family Home Design Techniques, as noted in Attachment 3. More specifically, the design maintains similar building and roof forms that are found in the neighborhood (RF-3). While the first-to-second floor ratio is 41%, additional setbacks are proposed and help to reduce the visual mass and bulk (SF-4). The second-floor side setbacks exceed the minimum required by 1 foot on the left side and 15 feet on the right side. The second-floor front setback also exceeds the minimum setback by more than 1 foot. The second floor is primary oriented perpendicular to the street frontage, resulting in a reduced mass along the front facade. Privacy impacts are further reduced by utilizing high sill or frosted glass windows, privacy walls and glass blocks along the second floor, side-facing windows. The front balcony is minimally sized and is located 10 feet from the side property line (PV-4).
APPEAL
An appeal was submitted by the adjacent neighbor on the left (south) side located at 1419 Bedford Avenue (see Attachments 7 and 8), citing concerns regarding the second floor’s “loss of openness” and lack of transition. The neighbor’s kitchen, dining area, and outdoor side patio faces the adjoining property line and would have a direct view of the new second floor addition. The appellant requests a redesign to push the second floor further away from the left property line and for the second-floor wall length facing the left property line to be reduced.
Staff Response to the Appeal
Staff acknowledges that the bulk of the second floor is primarily located along the appellant’s common property line (left side). However, a two-story home is permitted in the R-1 zoning district. While there is not a specific standard that guarantees “openness”, setback requirements, height limits, and solar shading maximums establish a building envelope that a house can be designed into. The project complies with all applicable development and design standards. In addition, visual and privacy impacts to neighbors have been reduced through the design of second-floor windows and increased second floor setbacks.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures (Class 3), which applies to the construction or conversion of up to three single-family homes in an urbanized area.
Fiscal Impact
No fiscal impacts other than normal fees and taxes are expected.
Public Contact
The Planning Commission meeting agenda was posted on the City’s website and 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).
Thirty-one (31) public hearing notices were mailed to surrounding property owners and residents adjacent to the subject site (within a 300-foot radius) in accordance with SMC 19.98.040. With the exception of the appeal letter, no additional letters or calls were received from the public by staff related to the project.
ALTERNATIVES
1. Deny the appeal and uphold the decision of the Director of Community Development to approve the Design Review based on the Recommended Findings of Approval in Attachment 3 and subject to the Recommended Conditions of Approval in Attachment 4.
2. Deny the appeal and uphold the decision of the Director of Community Development to approve the Design Review with modified Findings of Approval and/or Conditions of Approval.
3. Grant the appeal and deny the Design Review based on Findings for denial (to be articulated by the Planning Commission with the motion) consistent with State law.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Deny the appeal and uphold the decision of the Director of Community Development to approve the Design Review based on the Recommended Findings of Approval in Attachment 3 and subject to the Recommended Conditions of Approval in Attachment 4.
JUSTIFICATION FOR RECOMMENDATION
The proposed project complies with the development standards of the SMC and the Single-Family Design Techniques. The proposed second floor has been designed to reduce mass and bulk along the front façade. The second floor exceeds minimum setback requirements, is almost three feet shorter than the maximum height permitted and complies with solar access requirements. Privacy impacts are also reduced with high sill or opaque windows along the side elevations.
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: Christian Mendoza, Assistant Planner
Reviewed by: Noren Caliva-Lepe, Principal Planner
Approved by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Vicinity and Noticing Radius Map
2. Project Data Table
3. Recommended Findings for Approval
4. Recommended Conditions of Approval
5. Project Plans (dated February 19, 2026)
6. Design Review Approval Letter (dated May 27, 2026)
7. Preliminary Appeal filed
8. Appeal Letter