REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on a 0.72-acre site (two lots):
SPECIAL DEVELOPMENT PERMIT to demolish existing structures and construct 24 condominium dwelling units within two, four-story buildings. Project utilizes State Density Bonus Law waivers to deviate from side-yard setbacks and useable open space requirements.
TENTATIVE MAP to merge two lots and create 24 condominiums.
Location: 210 & 214 Ahwanee Ave. (APNs: 204-03-002, 204-03-003)
File #: 2018-7006
Zoning: R-4/PD (High Density Residential/Planned Development)
Applicant / Owner: Tapti LLC (applicant and owner)
Environmental Review: The project is consistent with the Land Use and Transportation Element (LUTE) of the City’s General Plan and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.
Project Planner: Shetal Divatia, 408-730-7637, sdivatia@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: High Density Residential
Existing Site Conditions: Two lots; one lot with a vacant auto repair building and second lot has a single-family home with accessory structures.
Surrounding Land Uses
North: Freeway 101 (across Ahwanee Avenue)
South: Single-family homes
East: Multi-family residential (apartment complex)
West: Self-storage facility
Issues: Impact on residential neighbors
Staff Recommendation: Alternative 1: Make the required Findings to approve the CEQA determination that the project is consistent with the Land Use and Transportation Element (LUTE) of the City’s General Plan and no additional environmental review is required as noted in the checklist in Attachment 5, and Approve the Special Development Permit and Vesting Tentative Map subject to the findings in Attachment 3 and recommended conditions of approval in Attachment 4.
BACKGROUND
Description of Proposed Project
The 0.72-acre project site, in the R-4/PD zoning district, consists of two existing parcels. The applicant proposes to remove all the existing buildings on the site and combine the two lots to develop a multi-family ownership condominium project. The proposal includes two four-story buildings served by a driveway in the middle. The first-floor level includes parking garages, trash facilities, and entrance lobbies. The 24 condominium units would be located above in three stories from second to fourth floors. The project includes roof deck on both buildings, which counts toward community open space.
A Special Development Permit (SDP) is required for site and architectural review. A Vesting Tentative Map is required to review new lot lines and condominium ownership. See Attachment 1 for a map of the project site, the vicinity and mailing area for notices and Attachment 2 for the Data Table of the proposed project.
California State Density Bonus Law (Gov. Code, § 65915)
The State Density Bonus Law was created to incentivize the construction of affordable units and applies to housing projects that provide at least 10% of units as affordable. By complying with the City’s BMR ordinance (12.5% of units as affordable), the developer is entitled to utilize the State Density Bonus Law. The proposed project includes reduced off-street parking and waivers from development standards, which is discussed further in the report.
Previous Actions on the Site
The site contains two lots which were developed in the 1940s. Both the lot with the single-family home and the lot with the auto repair buildings include several dilapidated accessory buildings in the rear yards. The properties are not listed on the City’s Heritage Resources Inventory.
General Plan Amendment and Rezoning: On April 11, 2017, the applicant requested a General Plan amendment which the City Council granted for the subject site (two parcels) and the lot west of the site (self-storage facility). The amendment included changing the land use from Industrial in the General Plan to High Density Residential (25-36 units per acre) land use and zoning from M-S/PD (Industrial Service/Planned Development) to R-4/PD (High Density Residential/Planned Development) that allows density up to 36 units per acre.
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 which pertain to the proposed project are provided in Attachment 3. Below are a few main goals and policies:
• HE-1.1 1 - Encourage diversity in the type, size, price and tenure of residential development in Sunnyvale, including single-family homes, townhomes, apartments, mixed-use housing, transit-oriented development, and live-work housing.
• HE-4.3 - Require new development to build to at least 75% of the maximum zoning density, unless an exception is granted by the City Council.
• LT-7.5 - Consider the impacts of all land use decisions on housing affordability and on the housing needs of special needs groups within Sunnyvale.
• LT-12.3 - Support a variety of land and building ownership forms, including business condominiums, planned developments, and more traditional single-owner developments.
The R-4/PD zoning district allows a maximum density of 36 units per acre. Based on the lot size, a minimum of 20 units (75% of allowed build-out) and maximum of 26 units would be allowed. The proposed project complies by providing 24 condominium units, which creates additional ownership opportunities in a neighborhood with a mix of land uses and housing types.
Applicable Design Guidelines: The City’s Design Guidelines (High Density Residential Design Guidelines and Citywide Design Guidelines) provide recommendations for site layout, architecture, and design. These guidelines are referenced in the discussion and analysis below.
ENVIRONMENTAL REVIEW
The project is consistent with the Land Use and Transportation Element (LUTE) of the City’s General Plan and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3 (see Attachment 5). Under Section 15183 of the CEQA Guidelines, projects that are consistent with the development density established by existing zoning or general plan policies for which an environmental impact report (EIR) was certified do not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. The consistency checklist prepared for the project (Attachment 5) demonstrates that all the project’s significant impacts were either studied in the EIR that was adopted for the City’s Land Use and Transportation Element (LUTE) or can be substantially mitigated by uniformly applied development policies or standards.
DISCUSSION
Present Site Conditions
The project site consists of two lots located on Ahwanee Avenue between Mathilda and Borregas Avenues and is immediately south of Highway 101. One of the two lots contains a vacated auto repair/service building and accessory structures, while the second lot has a single-family home and accessory structures in the rear. This portion of Ahwanee Avenue is flanked by a sound wall between the street and Highway 101. The neighboring property to the east (left) is a two-story apartment complex, with entries and staircases facing the subject property. The property to the west (right) is a two-story commercial storage facility. The subject lots are adjacent to a predominately single-story neighborhood to the south (rear).
The project site is located approximately 0.2 miles from a pedestrian overpass across Highway 101 on the east side and about 0.1 miles from Mathilda Avenue overpass on its the west.
Site Layout
The application includes demolition of all existing structures and construction of two new four-story buildings with 24 condominium units. The proposed layout includes an access driveway through the middle of the site separating the two buildings on either side with the driveway and terminates in the rear with parking spaces on either side. Each of the two buildings will provide 12 condominiums in flat style units (two units per floor) served by individual parking garages at the first level. The project includes 12 two-bedroom, 12 three-bedroom units that range in size from approximately 900 square feet to 1,400 square feet living area.
Existing driveway cuts to the site will be removed and the project is required to dedicate a 5-foot street easement for additional right-of-way that will include a new sidewalk (6 feet wide) and a landscape strip (4 feet wide). The resulting 51-foot right-of-way (ROW) could accommodate a bike lane in the future.
The proposed buildings exceed the rear setback adjoining the single-family residential uses on the south. The east side adjoins the existing two-story apartments and a four-story self-storage facility on west. Proposed balconies are not included at the rear of the buildings and do not overlook the single-family residential neighborhood. Refer to Site and Architectural Plans (Attachment 8) for more information.
Architecture
The project architecture is best described as modern/contemporary style with use of strong horizonal and vertical lines, square and rectangular shaped forms with change in planes, and a flat roof. A variety of building materials are proposed, including stucco with score lines, horizontal composite shiplap siding, and variegated stone veneer with 3 to 6-inch stone. The proposed siding color palette includes white, beige and brown hues. The project also includes a combination of casement, double-hung windows, and exterior-gridded windows that are recessed 2 inches from the walls with black mullions. Exterior entry doors, garage doors and balconies maintain a similar modern look with frosted glass and dark brown metal canopies throughout help to break up the vertical mass of the buildings.
Staff has reviewed the architectural design against the City policies for design and recommends the proposed architectural design be found consistent with the design guidelines. The project has adequate articulation, changes in wall and roof planes, a variety of building materials and finishes that help reduce its mass and bulk, and has concentrated the mass away from the single-family neighborhood along the rear. The modern/contemporary style is also consistent with the commercial storage building to the right, which contains asymmetrical roof forms with a vertical orientation.
Neighborhood Compatibility
The project meets most of the development standards and provides for residential units allowed per the density and provides homeownership opportunities. Although the project does not meet the side setbacks and distance between buildings requirements, it meets and exceeds the rear setback standard; and utilizes waivers from the development standards as allowed by the State Density Bonus laws.
The project design concentrates the mass of the building towards the front and middle of the site and is located further away (more than twice the required setback) from the single-family home on the rear. Additionally, the project reduces it’s impact on the adjacent residential neighbors (one-story single-family homes) on the rear by not including rear facing balconies, minimal number and size of rear facing windows, and includes tree plantings to provide visual screening. The project is setback at the third and 4th level from the two-story apartment complex (on the east side) that is setback approximately 6 to 10 feet from the shared property-line and will be at similar setback (seven feet) for the first two levels. The proposed project, as conditioned, would be compatible with the surrounding neighborhood that is in transition from industrial to high density residential. The proposed architectural style and scale relates to the multi-family developments for high density projects.
State Density Bonus Law
Waivers: The project will include three affordable units that will be available for sale to moderate income households (12.5% affordable). This triggers the entitlements in the State Density Bonus Law. The State Density Bonus Law allows an applicant to request an unlimited number of waivers from development standards if the applicant can demonstrate that site constraints physically preclude them from constructing the development with the allowed number of units. Staff has worked closely with the applicant for several months exploring project alternatives that could be accommodated on this site. Due to site constraints, the project alternatives would have resulted in parking deficiencies, taller building(s), or the buildings pushed closer to the single-family neighborhood to the rear. The applicant’s attorney also submitted a letter describing these site constraints, including the narrow lot width and fire access requirements (Attachment 7). The letter also summarizes the project waivers, including side setbacks, distance between buildings and usable open space. Staff concurs with the site constraints and limited design alternatives and its impact on achieving the proposed density (number of dwelling units) which is within the allowable density for the site. These waivers are allowed by right (not discretionary deviations) and are discussed below:
• Side Setbacks: A minimum of 18 feet side setback is required for a four-story residential building. The proposed project includes setbacks of 7 feet at the first-floor level, 10 feet at the second-floor level, and 13 feet at the third and fourth-floor levels. Although this does not meet the standard, the stair-stepping of units from bottom to top reduces some of the visual impacts of the reduced setbacks.
• Distance Between Buildings: A minimum of 29 feet is required between the two buildings, where 27 feet 10 inches is proposed across the drive aisle.
• Usable Open Space: A minimum of 380 square feet of usable open space is required per unit; including a minimum requirement of 80 square feet per unit as private usable open space. The site provides common usable open space along the back of the site and on the rooftops of the buildings. In addition, the project also includes 95 square feet of private balconies for each unit.
A Noise Study was prepared to assess existing and future noise levels at the site. The study notes that the noise levels range from 64 to 75 dB and also experiences aircraft noise levels as high as 84 dB. Noise levels are estimated to increase by 1% annually to expect an increase of approximately 1 dB in 10 years’ time. Sunnyvale’s General Plan provides standards that considers noise levels between 65 to 75 dB as Conditionally Acceptable requiring noise insulation features to be included to reduce exposure to high noise levels. The report recommends noise standards to be met for the interior of the living units as noted in the Recommended Conditions of Approval; but the noise levels cannot be reduced for the proposed balconies. As a result, the balconies, although provided on site, cannot be counted towards the usable open space and private usable open space requirements. Therefore, the site provides 300 square feet of code-compliant usable open space and no private usable open space. The roof deck at the 5th floor level includes noise insulation barrier (solid and clear glass railing) to reduce noise levels, but that is not expected to reduce noise to meet noise standards.
Reduced Parking: The State Density Bonus Law automatically allows for a reduced parking rate of two spaces per each two to three-bedroom unit, inclusive of guest and unassigned spaces, which would result in a total of 48 spaces for this project. The project provides a total of 58 parking spaces on-site. Forty-eight assigned spaces are located within side-by-side (4 spaces) and tandem (44 spaces) garages. The remaining 10 spaces are unassigned and distributed around the site. The project includes 92% of the assigned garage spaces as tandem though the Sunnyvale Municipal Code limits the use of tandem spaces to no more than 50 percent of the assigned spaces. Therefore, the excess tandem spaces only count as over-sized one-car garages. As a result, only 48 parking spaces are code-compliant (24 tandem spaces, 4 side-by-side spaces, 10 over-sized garage spaces, and 10 unassigned spaces). Though a reduction from City standards, this complies with the State Density Bonus parking rate.
Given that this neighborhood lacks adequate on-street parking, staff is requiring the applicant to maintain the second tandem spaces in the 10 over-sized garages as parking. Though not counted towards required parking, this helps to reduce potential spillover parking and allows for the unassigned spaces to be available for guests.
Development Standards
Except for the permitted State Density Bonus waivers above, the project complies with the remaining applicable development standards in the Sunnyvale Municipal Code (SMC), such as front and rear setbacks, height, solar access, and total landscaping. The Project Data Table in Attachment 2 summarizes the project's compliance with Sunnyvale Municipal Code development standards. Therefore, no discretionary deviations are requested through the SDP.
Front Setback: The project complies with the minimum front setback requirement by providing 25 feet, where 20 is required. The setback is taken from the new right-of-way line, which is five feet from the back of the current property line/right-of-way. Therefore, the buildings will sit further back from the adjacent buildings on the street, which will help to minimize the visual bulk along the streetscape.
Rear Setback: A minimum rear yard setback of 20 feet is required. The proposed rear setback is more than double the required, with 40 feet 5 inches along the first three floors and 51 feet 5 inches on the fourth floor. This is a positive feature of the project that helps to reduce potential impacts to the single-family neighborhood to the rear.
While the City does not currently have an adopted daylight plane requirement, the use of the design element will minimize visual, privacy and shading impacts on adjacent single-family properties. The applicant has voluntarily applied a 45 degree daylight plane along the rear property line (taken from the ground) to visually demonstrate that the buildings adequately concentrate the mass towards the center of the site and away from the rear property line (see Sheet SD-06 in Attachment 8).
Height: The proposed project complies with the height limit with 48-foot 6 inches tall buildings, where a maximum of 55 is permitted. Sunnyvale Municipal Code allows for elevator towers to exceed the height limit by an additional 25 feet (73-foot 6 inches). The proposed elevators are located towards the middle of the buildings and the proposed total height of 60-feet 6 inches is less than the maximum height.
Lot Coverage and Green Building: A maximum of 40% lot coverage is permitted. The applicant is utilizing Sunnyvale’s Green Building Program to exceed the lot coverage by 5% by providing 110 points, where 90 points minimum is required. (Attachment 8, Sheet SD1).
Landscaping and Tree Preservation: The site contains one protected tree (California Pepper tree with a circumference of 60 inches) which has a circumference greater than 38 inches and is located approximately half-way along the right-side property line. While the tree is considered to be healthy, the tree trunk and canopy take up about a third of the width of the lot and limits the opportunities to design around the tree. This tree is located within the footprint of the project and is planned to be removed. Other existing trees on the site are not protected and do not appear to be healthy and are planned to be removed. Removal of the protected tree requires two 24-inch boxed sized tree to be planted as replacement trees.
The project exceeds the minimum landscaped area by providing a total of 9,100 square feet of total landscaping (379 square feet per unit), where 9,000 square feet (375 square feet per unit) minimum is required The majority of the landscaped areas occur along the front and rear portions of the site.
The Conceptual Landscape Plan includes planting of 34 24-inch box sized trees including 24 screening trees (Fern Pine) along the rear property line to provide visual screening for the single-family residential neighbors. The plan also includes plantings of shrubs and ground cover along the periphery of the site with pockets of hardscape/rocks and benches. The useable open space on the roof-top also includes tree and shrubs in planter boxes. The plantings include a variety of California native and Bay friendly plants and trees. For additional information on the Conceptual Landscape Plan, see Attachment 8, Sheet L1, L2 and L3.
Solar Access and Shadow Analysis: Sunnyvale Code (SMC Chapter 19.56) limits shading caused by proposed buildings to a maximum of 10% of the roof area of nearby properties during the hours of 9 AM to 3 PM during the solar cycle. The applicant’s shadow study demonstrates that shadows cast by the proposed buildings do not shade more than 10% of the roof area on the existing buildings on the east and the west side of the site. The shadow study is in Attachment 8 (Sheets SD15).
Solid Waste and Recycling Access: The project includes centralized solid waste and recycling areas in two rooms located along the driveway towards the front of the site. The trash rooms include roll-up doors that will be painted to match the residential garage doors. This location meets Sunnyvale Code (SMC Chapter 19.38.030) and meets sizing and locational requirements as prescribed by Environmental Services and Public Works Department staff. Refer to Attachment 8 Sheet SD 14 in the project plans for additional details.
Below Market Rate Housing: The project will comply with the 12.5% below market rate (BMR) requirement by providing required three BMR units.
Air Quality Impacts: While not considered an environmental impact, the City evaluates air quality impacts that future residents of the development will experience as part of the overall merits of the projects. Due to the project vicinity near Highway 101, an Air Quality and Greenhouse Emissions Report was prepared by Illingworth and Rodkin Inc. in August 2019. To minimize risks associated with high levels of PM2.5 adjacent to the freeway, the report recommends specific air filtration systems and maintenance, which are incorporated in the Recommended Conditions of Approval (see Attachment 4, BP-34)
VESTING TENTATIVE MAP
The Vesting Tentative Map includes merging the two lots into one lot and providing 24 condominium units. The residential units will be mapped as condominiums. A Homeowners Association (HOA) that is a requirement for this project will ensure ongoing maintenance of the building and the common areas such as surface parking, private walkways, common useable areas on the ground and rooftop, private utilities and public utilities.
FISCAL IMPACT
The project is subject to payment of traffic and park in-lieu fees to the City and school impact fees to the Sunnyvale School District as noted in the Conditions of Approval. The project is not expected to have a negative fiscal impact to the City.
PUBLIC CONTACT
Neighborhood Outreach Meeting: On December 4, 2019, a neighborhood outreach meeting at the Columbia Neighborhood Center was hosted by the applicant. The meeting was attended by ten neighbors and their biggest concern was on-street parking and the impact of the project on their neighborhood. Additionally, the single-family homeowner located on the rear of the site contacted staff and voiced their concerns and the impact on their privacy.
Planning Commission Study Session(s):
On January 13, 2020, the project’s site plan and architecture were reviewed and commented on by the Planning Commission. They made the following comments:
• good location for a high-density project next to freeway and pedestrian bridge (across the freeway);
• site design suggestions to minimize the impact on the rear property owners by moving the building and increasing the mass of the building along the site’s frontage that faces Freeway 101; move building on one side of the site to be serviced by a driveway on the side as compared to the proposed driveway in the middle;
• meet the required sideyard setbacks for the R-4 zoning district;
• add bike racks, large stone veneer, large sized trees for screening and air quality, anti-static on railings to remove soot.
The applicant made several changes to their original proposal to move the rear buildings further away from the rear yard. The addition of a fifth story along the front portion of the site is restricted by the four-story maximum allowed for this zoning district. The applicant provided options that examines moving the building onto one side of the site which is not possible without reducing parking and number of dwelling units and does not achieve their project goals.
On July 13, 2020, the project’s architectural design and waivers from local development standards allowed by State Density Bonus Law were reviewed and commented on. The following comments were made:
• concern regarding stone veneer, height of elevator tower, privacy impact on residential neighbors;
• clarify proposed on-site parking, locations of pedestrian overpass across Freeway 101; acoustical rating for windows;
• consider lowering elevator tower, reducing distance between buildings to increase rear yard setback.
The applicant replaced the stone veneer with larger stone face that includes texture and color; modified the rear facing windows to be either high sill windows or eliminated them unless required for egress purposes to minimize privacy impact; provided window specs as recommended by Noise Study (STC 36-39 for Bedroom windows and STC 33-36 for other windows). The applicant notes that they are not able to lower the height of the elevator tower as it is not possible to do so; and cannot further reduce the distance between the front and rear portions of the building due to Fire access standards.
Public Comments
As of the date of staff report preparation, staff has received no letters from the neighborhood.
Notice of Public Hearings
• Published in the Sun newspaper
• Posted at the site
• 1,203 notices were mailed to property owners and tenants within 1,000 feet of the project as shown in Attachment 2
• Notices were sent to the Morse Park and SNAIL Neighborhood Associations
Agenda and Staff Report
• Agenda posted on the City’s official notice bulletin board
• Agenda and staff report posted on the City’s website
ALTERNATIVES
1. Make the findings required to approve the CEQA determination that the project is consistent with the Land Use and Transportation Element (LUTE) of the City's General Plan and no additional environmental review is required as noted in the checklist in Attachment 5, and approve the Special Development Permit and Vesting Tentative Map based on the findings in Attachment 3, and recommended conditions of approval in Attachment 4.
2. Make the findings required to approve the CEQA determination that the project is consistent with the Land Use and Transportation Element (LUTE) of the City's General Plan and no additional environmental review is required as noted in the checklist in Attachment 5, and approve the Special Development Permit and Vesting Tentative Map based on the findings in Attachment 3, and modified conditions of approval.
3. Do not make the required findings and direct staff where changes should be made.
4. Deny the project.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Make the findings required to approve the CEQA determination that the project is consistent with the Land Use and Transportation Element (LUTE) of the City's General Plan and no additional environmental review is required as noted in the checklist in Attachment 5, and approve the Special Development Permit and Vesting Tentative Map based on the findings in Attachment 3, and recommended Conditions of Approval in Attachment 4.
The project provides homeownership opportunities on underutilized land within a mixed-income neighborhood. The project is consistent with the R-4/PD zoning district by providing 24 residential units at a density of 33 dwelling units per acre within four-story buildings. Due to site constraints associated with the narrow lot width and fire access requirements, the applicant is utilizing the State Density Bonus Law to allow reduced parking and waivers from development standards. While the City has limited discretion on these State Density Bonus allowances, staff finds that the overall project meets the objectives of the General Plan, Zoning District and relevant design guidelines.
Staff
Prepared by: Shetal Divatia, Senior Planner
Reviewed by: Noren Caliva-Lepe, Principal Planner
Approved by: Andrew Miner, Assistant Director of Community Development
ATTACHMENTS
1. Noticing and Vicinity Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. CEQA Consistency Checklist with the Land Use and Transportation Element (LUTE) EIR
6. LUTE Mitigation and Monitoring Reporting Program
7. Letter from Applicant -Density Bonus request for project.
8. Proposed Site and Architectural Plans
9. Transportation Demand Management Plan