REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project: Related applications on an 8,769-square-foot site:
USE PERMIT to allow conversion of an existing building into multiple ownership units.
TENTATIVE PARCEL MAP to allow conversion of an existing duplex into two condominium units with a common lot.
Location: 363 and 365 East Iowa Avenue (APN: 209-24-070)
File #: PLNG-2024-0001
Zoning: R-2 (Low Medium Density Residential)
Applicant / Owner: Speed Construction and Development Inc (applicant) / Countrywide LLC (owner)
Environmental Review: A Class 15 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Shila Bagley, 408-730-7418, sbagley@sunnyvale.ca.gov
Report
BACKGROUND
Description of Proposed Project
The proposed project is located on an 8,769-square-foot residential lot, currently occupied by a one-story duplex. The applicant intends to subdivide the existing duplex into two separate condominium units with a shared lot. No new construction is planned; however, the project includes the removal of a patio cover at 363 (west unit). Additionally, a street dedication is required as part of the subdivision to expand the sidewalk along Flora Vista Avenue. Upon completion, the project will result in a total floor area of 2,974 square feet and a Floor Area Ratio (FAR) of 39.2%. The Use Permit is required to satisfy Sunnyvale Municipal Code (SMC) section 19.18.040 - Use Permit required for conversion of buildings to multiple ownership. The Tentative Parcel Map is required to satisfy SMC section 18.20.042 for creating less than five condominiums.
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
A Use Permit (#2022-0737) was approved by the Zoning Administrator on November 13, 2002, to legalize a front yard fence that exceeded the seven-foot height limit. The approval was conditioned upon revising the fence location to angle from the corner of the house to the Flora Vista Avenue property line and ensuring it was no closer than 25 feet from the property line along East Iowa Avenue. However, the fence was not brought into compliance with these conditions.
ENVIRONMENTAL REVIEW
A Class 15 Categorical Exemption (Section 15315 - Minor Land Divisions) relieves this project from the California Environmental Quality Act (CEQA) provisions.
DISCUSSION
Site Layout and Architecture
The property is situated at the northwest corner of East Iowa Drive and Flora Vista Avenue, with the building’s front facing the longer street frontage along East Iowa Avenue. The lot contains two residential units with a shared wall and a single driveway leading to individual one-car garages.
One unit uses the front yard along Flora Vista Avenue as its private open space, while the other unit utilizes the backyard directly opposite the front yard area. Both private yards will retain their current configurations. All outdoor spaces will be considered common areas shared between the two units and maintained through the recordation of Covenants Conditions and Restrictions.
This project requires a 20.5-foot-wide street dedication, measured from the centerline of the street, in the form of an easement. The future right-of-way line is dimensioned 6.5 feet from the face of the curb along Flora Vista Avenue. Therefore, the existing fence and retaining wall along Flora Vista Avenue will be removed to allow for this improvement. In addition, a two-foot-wide sidewalk dedication is required in the form of an easement along East Iowa Avenue. The existing right-of-way line along East Iowa Avenue, located 9 feet from the face of the curb, will remain unchanged. Additional sidewalk easement dedication may be needed at the intersection to accommodate the existing curb ramp.
The existing site plan shows a patio cover and the over-height fence at 365 East Iowa Avenue, which were installed without permits. The applicant proposes to remove the patio cover and replace the existing nonconforming fence with a 3.5-foot-tall fence in the front and reducible front yard area.
The existing duplex features ranch-style architecture, with stucco walls and a composition roof, in keeping with the neighborhood’s style. The applicant aims to preserve this architectural style and materials but intends to repaint the exterior with a lighter color, replace the windows and doors, and incorporate black metal door and window frames, as well as contemporary light fixtures, to achieve a more modern appearance.
Parking and Circulation
The site meets the parking requirements with two covered and two uncovered spaces on a driveway on East Iowa Avenue, totaling four spaces, which is the standard for two-family dwellings. No changes are proposed to the existing parking.
Landscaping
The project complies with the landscaping requirements for the R-2 zoning district. Each lot meets the minimum usable open space requirement of 500 square feet per unit. There are currently no trees on the site that are classified as "protected" under SMC section 19.94.030. The project proposes to plant two 24-inch box trees in the front yard along East Iowa Ave and one 24-inch box street tree in the park strip along East Iowa Avenue. Refer to Attachment 4, Site and Architectural Plans for the proposed landscaping plans.
Development Standards
The project is not proposing new additions to the existing structure. However, the project involves extensive interior remodeling, reconfiguring each unit from its current layout of two bedrooms and one bathroom to three bedrooms and three bathrooms.
The existing building does not meet the corner vision triangle requirement, making it legally nonconforming. However, the project complies with all other applicable development standards outlined in the Sunnyvale Municipal Code, including lot coverage, parking, height, and setbacks.
See Attachment 2 for Project Data Table.
NEIGHBORHOOD IMPACTS/COMPATIBILITY:
The proposed project is consistent with the site layout and character of the surrounding neighborhood. The scope of the project is limited to interior remolding, exterior upgrades and subdividing the existing duplex into multiple ownership units. Staff finds that the proposed project will not create any adverse visual or privacy impacts on neighboring properties.
PUBLIC CONTACT
94 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 Use Permit and Tentative Parcel Map based upon the Findings in Attachment 3 and subject to the recommended Conditions of Approval in Attachment 4.
2. Approve the Use Permit and Tentative Parcel Map with modifications.
3. Deny the Use Permit and Tentative Parcel Map.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Use Permit and Tentative Parcel Map based upon the Findings in Attachment 3 and subject to the recommended Conditions of Approval in Attachment 4.
Staff
Prepared by: Shila Bagley, Senior Planner
Approved by: Momoko 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. Use Permit Justification Form