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Legislative Public Meetings

File #: 15-0305   
Type: Report to Board/Commission Status: Passed
Meeting Body: Planning Commission
On agenda: 3/23/2015
Title: File #: 2014-7985 Location: 1050-1060 Helen Avenue (APNs: 213-35-009, 213-35-010) Zoning: C-2/ECR (Commercial Highway Business/Precise Plan for El Camino Real) Proposed Project: Related applications on a 0.59-acre site: SPECIAL DEVELOPMENT PERMIT: to construct 7 two-story homes (3 duets and 1 detached home) VESTING TENTATIVE MAP: to subdivide 2 lots into 8 lots, including 7 ownership lots and one common lot. Applicant / Owner: Fred Azarm (applicant) / FMA Development LLC, D'Ambrosio Brothers Investments Company (owners) Environmental Review: Mitigated Negative Declaration Project Planner: Timothy Maier, (408) 730-7257, tmaier@sunnyvale.ca.gov
Attachments: 1. Vicinity and Noticing Map, 2. Project Data Table, 3. Recommended Findings, 4. Recommended Conditions of Approval, 5. Mitigated Negative Declaration, 6. Climate Action Plan Checklist, 7. Site and Architectural Plans, 8. Streetscape Rendering, 9. Special Development Permit Justifications Form, 10. Acoustical Analysis, 11. Certified Arborist Report, 12. Council Policy 1.1.12, 13. Data Table of Comparative Zoning
REPORT TO PLANNING COMMISSION
 
SUBJECT
Title
File #: 2014-7985
Location: 1050-1060 Helen Avenue (APNs: 213-35-009, 213-35-010)
Zoning: C-2/ECR (Commercial Highway Business/Precise Plan for El Camino Real)
Proposed Project:       Related applications on a 0.59-acre site:
SPECIAL DEVELOPMENT PERMIT: to construct 7 two-story homes (3 duets and 1 detached home)
VESTING TENTATIVE MAP: to subdivide 2 lots into 8 lots, including 7 ownership lots and one common lot.
Applicant / Owner: Fred Azarm (applicant) / FMA Development LLC, D'Ambrosio Brothers Investments Company (owners)
Environmental Review: Mitigated Negative Declaration
Project Planner: Timothy Maier, (408) 730-7257, tmaier@sunnyvale.ca.gov
 
 
Report
REPORT IN BRIEF
 
General Plan: Commercial General Business
Existing Site Conditions:      Two single-family homes
Surrounding Land Uses
North: Townhomes (located in City of Santa Clara)
South: Commercial (restaurant, located in City of Sunnyvale)
East: Commercial/retail (located in City of Santa Clara)
West: Townhomes, single-family residence, and motel (located in City of Santa Clara).
Issues: Neighborhood compatibility, traffic, parking, noise
Staff Recommendation:  Approval with conditions
 
BACKGROUND
 
Description of Proposed Project
The project site is 0.59 acre in size and is currently developed as two single-story, single-family homes, each located on a separate lot.
 
The proposed project includes demolition of the existing buildings and construction of seven houses: six duets and one detached home.  Each home would contain three to four bedrooms and an attached two-car garage.  A total of four unassigned parking spaces are proposed.
 
The project site is located near the corner of El Camino Real (ECR) and Helen Avenue and is located in the Precise Plan for El Camino Real, updated in January 2007.  The site lies adjacent to a residential development to the north and portions of the west and commercial developments to the east, west, and south, including a restaurant and a motel.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The architecture can be characterized as an eclectic mix of styles, utilizing a combination of forms, materials, and finishes to create a visually balanced design. The proposed architecture is similar to that incorporated in recent residential developments throughout the City and conforms to both the Single-Family Home Design Techniques and Citywide Design Guidelines.
 
See Attachment 1 for a map of the vicinity and mailing area for notices and Attachment 2 for the Project Data Table.
 
Previous Actions on the Site
In 1983, rezoning of both the lot at 1050 Helen Ave. and the lot at 1060 Helen Ave. was approved, authorizing the change from C-2 to C-2/PD.
 
In 2007, the Planning Commission approved construction of a 4-story mixed-use project, consisting of 30 residential units and a retail component of 8,900 square feet at the subject site (File 2007-0145).  Two separate time extensions were subsequently approved; however, the project was ultimately abandoned.
 
In 2007, all the sites within the Precise Plan for El Camino Real were rezoned to include the ECR combining district.
 
ENVIRONMENTAL REVIEW
 
A Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act provisions and City Guidelines.  An initial study has determined that the proposed project would not create any significant environmental impacts with implementation of the recommended mitigation measures (Attachment 5).
 
The site is located adjacent to El Camino Real, a major thoroughfare, and Helen Avenue, a residential collector.  The applicant submitted an acoustical analysis which indicates that noise sources potentially impacting the development are traffic on El Camino Real and Helen Avenue, rooftop mechanical equipment at the adjacent Fish Market restaurant, and HVAC units associated with the proposed residential development.  Acoustical impacts can be mitigated with standard construction methods, as discussed in the Initial Study completed (Attachment 5).  Staff has included conditions of approval, requiring that noise impacts be mitigated as recommended by the applicant's acoustical consultant.
 
GENERAL PLAN AND ZONING
The General Plan Map designates the project site as Commercial General Business, and it is located in the C-2/ECR Zoning District (Highway Business/ Precise Plan for El Camino Real).  
 
Ongoing attention to loss of commercial space and potential ramifications to Sunnyvale's jobs/housing balance frame any discussion in which commercially-zoned land is proposed for development to residential use.  In the C-2/ECR Zoning District, residential uses can be considered with a Special Development Permit.  In this case, the two lots in question are adjoined by a residential neighborhood to the north and a commercial property to the south which separates the project from El Camino Real.  
 
The adjacent site directly facing El Camino Real is being retained for commercial use.  The proposed development is similar in height and bulk to surrounding properties within both the cities of Sunnyvale and Santa Clara and provides continuity between properties located in the Precise Plan for El Camino Real and surrounding land uses.  
 
The subject site could arguably be residential or joined with the lot to the south and developed for commercial use.   Staff considered a General Plan amendment and rezoning to residential use unnecessary for the proposed development.  
 
At the study session the Planning Commission asked for examples of sites zoned C-2 developed with residential uses. Within the Precise Plan for El Camino Real there are several mixed-use sites zoned C-2/ECR), both vertical mixed-use (residential above commercial) and horizontal-mixed use (commercial in front, residential adjacent), as well as 100% residential developments. The following table shows most of the residential developments in the C-2/ECR zoning district. Those with an asterisk (*) have access to the residential units exclusively from a street other than El Camino Real.
 
Project
Type of Development
Cherry Orchard Apartments
Horizontal Mixed-Use
SummerHill Las Palmas townhomes
Horizontal Mixed-Use
*Classics at Las Palmas (south of Cherry Glen)
Horizontal Mixed-Use
*Cezanne Apartments/Charles Avenue Center
Vertical Mixed-Use
*Apartments above Amber Circle at 717 W El Camino Real
Vertical Mixed-Use
*Fall River Apartments
100% Residential
*Bernardo apartments
100% Residential
*Poplar apartments
100% Residential
*3 single family homes (includes 2 subject properties)
100% Residential
 
 
SPECIAL DEVELOPMENT PERMIT
The proposed project includes demolition of the two existing one-story, single-family homes and subdivision of the two separate parcels into seven ownership lots and one common lot containing a shared drive aisle.  A total of seven single-family dwelling units would be constructed, including three pairs of attached residential units (duets) and one detached residence, each sited on a separate ownership lot.  Lots would range from approximately 2,073 sq. ft. to 2,873 sq. ft. in size.
 
There are three floor plans for the proposed residential which range from 2,151 sq. ft. to 2,329 sq. ft. gross floor area, including 1,800 sq. ft. to 1,878 sq. ft. of living area and an attached garage of roughly 450 sq. ft.  Each residence would contain three to four bedrooms, ground-floor garage, dining room, family room, bathroom, and kitchen (Attachment 7).
 
Although some units would be attached duets, each home would be sited on a separate lot.  Homes would be oriented toward the interior of the development.  Each home would feature a two-car garage with room for parking of vehicles and storage.  Four unassigned parking spaces would be provided, with two separate single-car spaces allocated on the westerly side of the lot and two side-by-side parking spaces located on the easterly side (Attachment 7). Each home would feature a private yard enclosed by a wooden fence. Although not the units do not meet the zoning definition of a townhouse (3 or more attached units sharing side wall), the site layout pattern is very similar to smaller R-3 townhouse developments with a private street or drive aisle. The two-story nature of the proposal is different from the more recent 3-story townhouse developments.
 
Site Layout
The project site is accessible from Helen Ave. by a shared drive aisle/common area of approximately 4,185 sq. ft. in size and 27 feet in width.  Two separate pedestrian access points provide for circulation between the residential units nearest Helen Ave. and the adjacent sidewalk.  Walkways interior to the development would afford travel between unassigned parking and proposed residential units. Condition PS-1 requires contrasting paving materials on the driveway to create a designated pedestrian path from the public sidewalk to the entries of the units.
 
The project site was treated as a single lot instead of as individual adjoining parcels in analysis of setbacks and likely impacts to adjacent properties.   This approach is consistent with Council Policy 1.1.12, Maximum Standard for Small Lot Single Family Residential Developments, and that is used for similar projects.  
 
Architecture
The proposed architecture can be characterized as an eclectic mix of styles, including elements of craftsman, Spanish, and Italianate styles. The homes would have low-pitched gable and hip roof designs, second-story overhangs, and recessed windows incorporating shutters and projecting sills.  Architectural details include varied wall planes, shutters, and wrought-iron grilles, as well as mouldings and wainscotings.  Materials would include stucco, wood, and stone veneer (Attachment 7).  As proposed, the buildings incorporate high-quality architectural and provide adequate landscaping along the perimeter to soften the impression of mass and bulk.  No adverse aesthetic impact is anticipated to the surroundings as a result of the proposed development.
 
The following Guidelines were considered in the analysis of project architecture.
 
Single-Family Home Design Techniques (Architecture)
Comments
2.2.1 Reinforce prevailing neighborhood home orientation and entry patterns
The residential units facing Helen Ave. would face the adjoining street, in keeping with the pattern of other homes in the vicinity, creating a strong presence to the street.
2.2.2 Respect the scale, bulk and character of homes in the adjacent neighborhood
The neighborhood contains a mix of land uses, including single-family residences, two-story townhomes, and commercial properties, with an array of architectural styles. The design of the proposed project is consistent with the scale and bulk of surrounding buildings and is compatible with architecture of residential properties in the neighborhood.
2.2.3 Design homes to respect their immediate neighbors
The proposed project has been designed to minimize privacy impacts to adjacent neighbors to the extent possible. All second-story windows proposed to face neighboring residences are set back at least 12 feet from nearby property lines, and the proposed residences would not shade more than 10% of the rooftop of any surrounding structure.
2.2.6 Use high quality materials and craftsmanship
Primary exterior materials include stucco wall siding, stone veneer wainscoting, and recessed windows, having varied architectural elements that utilize materials of high quality and with visual interest.
 
Solar Access
The applicant has submitted a solar access and shadow analysis which demonstrates that the proposed two-story homes would not shade any portion of the rooftop of any surrounding building, while 10% shading is the maximum allowed.
 
Development Standards
The zoning of the subject property is C-2/ECR.  Standards of the C-2 zoning district were developed for application to commercial, and not residential, developments; these standards would not be appropriate for this residential project.  The actual density of the project (about 12 units per acre) could suggest an R-2 standard, however given that this is a commercially zoned property and the layout is consistent with R-3 townhouse development staff has evaluated the proposal using the R-3 Zoning District setback, landscaping and open space standards.  See Attachment 13 for a comparison of the two zoning designations and this project.
 
Density
The proposed seven-unit development equates to a residential density of 12 dwelling units/acre, the maximum allowable within a Low-Medium Density (R-2) zoning district.   General Plan policy HE-4.3 establishes that residential projects be built at minimally 75% of the maximum density allowed by zoning district.  This policy does not apply to the proposed project due to its commercial zoning designation.  In effect, any unit exceeds the minimum designation of zero.
 
A number of factors influence the form of the project pursued.  The proposed development is constrained by the size of the site, adjacency to surrounding land uses, and conformance to established neighborhood pattern.  The size of the project site limits the allocation of space for circulation and parking.  Strict adherence to the minimum density of the R-3 zoning district would necessitate a residential product type at odds with adjacent developments.  
 
As presented, the project would be compatible with adjacent residential uses including modest building footprints and strong street presence, while also providing residential amenities such as ample landscaping, private yards, and attached parking.  
 
Setbacks
The two units immediately adjacent to Helen Avenue would have entries facing the street, whereas all other homes would feature entrances oriented toward the interior drive aisle.  Homes would be set back 15 feet from the property line along Helen Avenue. Left- and right- side yard setbacks would comply with minimum requirements of the R-3 zoning district.  Buildings would be separated from one another by a distance of 10' (Attachment 7).  A 5' rear-yard setback deviation would conform to the C-2/ECR standard, which has no requirement for minimum rear-yard setback but is less than the R-3 zoning district standard, which requires a minimum setback of 20 feet.
 
Trash
In consultation with the City's Environmental Services Department (ESD) staff, individual trash collection and recycling bins are proposed for the development.  A trash staging area of 9 feet wide and 16 feet deep, contiguous with the drive aisle, would be located to the right-hand side of the drive aisle approach immediately adjacent to the front property line (Attachment 7).  Trash containers would be stored within residential garages when not placed in the staging area for pickup.
 
Landscaping
The site currently has several significant trees as well as low-lying vegetation, most of which are proposed to be removed during project construction.  The applicant has submitted an arborist report which recommends the removal of eight trees in fair or poor health or which would conflict with the location of a proposed structure.  Per the applicant's arborist report, three trees currently located on the project site are designated protected trees, with a circumference 38 inches or greater as measured 4 feet, 6 inches above ground level.  All protected trees are proposed for removal.  The City arborist assessed the vitality of the large California Pepper tree located at 1060 Helen Ave., near the street frontage, and determined that the tree must be removed due to loss of structural integrity due to proximity to the proposed development.  Staff has included a condition of approval requiring that trees identified for preservation on site be protected from damage during construction by incorporating measures such as protective fencing, in addition to other actions as recommended in the arborist report. Further, staff is recommendation replacement of one tree of 36"-box size.
 
The project would add approximately 8,156 sq. ft. of landscape area to the subject site; including landscaping adjacent to the project frontage along Helen Ave. and within enclosed private yards.  Ornamental landscaping which satisfies the water-efficiency design requirements per SMC 19.37 has been proposed throughout the site (Attachment 7).  
 
City of Sunnyvale Municipal Code requires 400 square feet of open space and 425 square feet of landscaping per residential unit in the R-3 zoning district (500 s.f. in the R-2 zoning district).  The applicant proposes 500-690 square feet of open space per unit.
 
 
STORMWATER MANAGEMENT
Per information submitted by the applicant, the total amount of impervious surface area to be added and/or replaced to the project site would fall short of 10,000 square feet, the threshold for requirement of a stormwater management plan; however, the applicant has incorporated stormwater management features into the project.  Stormwater runoff incident onto rooftops and onto ground surfaces would be primarily treated by landscaping through infiltration.   A common drive aisle adjoining unassigned parking spaces would be composed of permeable pavers; a condition of approval has been added, mandating placement of permeable pavers as proposed in submitted plans.      
 
 
COMPLIANCE WITH DEVELOPMENT STANDARDS/GUIDELINES
The project meets all applicable development standards for the C-2 zoning district. The following comments are relative the R-3 zoning district, which was used for assessing the residential nature of the development.
 
- The project has been designed with a rear-yard setback of 5 feet, 2 inches and hence does not meet the minimum 20-foot rear-yard setback requirement per R-3 zoning district.
 
Separation between the rear yard of the subject lots and adjacent commercial sites beyond would be accomplished by placement of a perimeter masonry wall of 8 feet in height as included in conditions of approval, as well as through incorporation of ample landscaping.  Staff anticipates no adverse impacts associated with the reduced setback requested.    
 
- The project has been designed with a combined second-story side-yard setback of 30 feet, 6 inches and hence does not meet the minimum 38-foot combined side-yard setback requirement per R-3 zoning district.
 
The proposed development complies with first-story individual and combined side-yard setback requirements; the project also complies with R-3 standards for second-story side-yard setback requirements related to each individual side yard.  The proposed site plan additionally incorporates greater separation from the adjacent residential site than from the commercial property to the south.
 
Side-yard setbacks proposed are proportional to building heights and lot size, and are appropriate to the character of the development; staff anticipates no adverse impact to either the proposed development or to surrounding sites.
 
TENTATIVE MAP
The proposed project includes a tentative map for purposes of creating eight lots, including seven ownership lots and one common lot, from the existing two lots.  Utility services, including water, electricity and sewer, are to be provided to each unit.  Connection would be required to City of Santa Clara sewer; the applicant will enter into formal agreement with Santa Clara for connection to the infrastructure in that municipality.  The project requires a one-foot-wide dedication of a portion of the public street along the project frontage abutting Helen Avenue as an easement, in accordance with the City's street design standards.  Street frontage improvements include modifications to curb and gutter, sidewalks, driveway approaches, utility extensions and connections, meters/vaults, trees and landscaping.
 
Easements/Undergrounding
Existing power overhead lines along the project frontage adjacent to Helen Avenue are required to be undergrounded.  Transformers and similar equipment which can be installed underground shall be placed underground if located between a public street and the front of any building.
 
FISCAL IMPACT
 
Transportation Impact Fee
A net increase in trip generation at this site would result from the proposed development, and a Transportation Impact Fee estimated at $10,435.00 will be required prior to building permit issuance.
 
Park Dedication Fee
This project is subject to payment of Park Dedication Fees. A total estimated fee of $188,179.20 shall be collected prior to recordation of a Final Map.
 
PUBLIC CONTACT
 
Planning Commission Study Session
A Planning Commission study session was held for this project on March 9, 2015. Overall, the Planning Commission remarked positively about the project. The Commission provided comments on issues including the proposed density and appropriateness of utilizing residential design standards for evaluation of site plan, tree preservation, location and amount of landscaping, pedestrian paths on site, variation in colors, noise impacts, fence heights, and location of trash receptacles and structures on adjacent commercial sites.
 
Based on Planning Commission feedback, staff is recommending conditions of approval to revise the landscape plan to include additional trees in private yards adjacent to the southerly commercial site, and for planting of additional large trees along Helen Avenue.  Conditions also address a modified color scheme for greater variation, colored pavers to delineate pedestrian walkways, and coordination with the owners of adjacent commercial sites to ensure adequate separation of trash receptacles from property lines.  Staff is also recommending an eight-foot-high masonry wall along the perimeter of the property adjacent to commercial uses (south and west sides).
 
Noticing and Correspondence
Neighborhood Meeting: On February 19, 2015, the applicant organized an outreach meeting, inviting all who live or work within 300 feet of the project site.  The outreach meeting was attended by staff; the operator of the nearby Best Western Inn was the sole member of the public who attended, inquiring about dust, noise, and construction scheduling proposed.
 
As of the time of preparation of this staff report, staff has not received any correspondence regarding the subject project.
 
 
Notice of Negative Declaration and Public Hearing
Staff Report
Agenda
· Published in the Sun newspaper · Posted on site · 56 notices mailed to the property owners and residents within 300 feet of the project site
· Posted on the City of Sunnyvale's website · Provided at the Reference Section of the City of Sunnyvale's Public Library
· Posted on the City's official notice bulletin board · Posted on the City of Sunnyvale's website
 
 
CONCLUSION
The proposed residential use and density and the architectural style are compatible with similar developments located within the immediate vicinity of the project site.  Due to the distance and lack of visibility of the project site from El Camino Real, staff believes the likelihood of success of a commercial use low; it is therefore appropriate to consider residential development on the commercially-zoned property.
 
In staff's opinion, the rear-yard and combined second-story side-yard setbacks are adequate, especially in light of the fact that the project has been designed to meet all other development standards of the R-3 zoning district, including landscaping, open space, parking, lot coverage, and building height.  Staff finds that the proposed project complies with the intent of design City's design guidelines and policies.
 
Findings and General Plan Goals
Staff was able to make the required Findings based on the justifications for the Special Development Permit and Tentative Map. Findings and General Plan Goals are located in Attachment 3.
 
Conditions of Approval
Recommended Conditions of Approval are located in Attachment 4.
 
Alternatives
1.      Adopt the Mitigated Negative Declaration and approve the Special Development Permit and Tentative Map with attached conditions.
2.      Adopt the Mitigated Negative Declaration and approve the Special Development Permit and Tentative Map with modified conditions.
3.      Adopt the Mitigated Negative Declaration and deny the Special Development Permit and Tentative Map.
4.      Do not adopt the Mitigated Negative Declaration and direct staff as to where additional environmental analysis is required.
 
Recommendation
Alternative 1: Approve the Special Development Permit with Conditions of Approval found in Attachment 4.
 
 
Prepared by: Timothy Maier, Project Planner
Reviewed by: Gerri Caruso, Principal Planner
Accepted by: Trudi Ryan, Planning Officer
 
 
ATTACHMENTS
 
1.      Vicinity and Noticing Map
2.      Project Data Table
3.      Recommended Findings
4.      Recommended Conditions of Approval
5.      Mitigated Negative Declaration
6.      Climate Action Plan Checklist
7.      Site and Architectural Plans
8.      Streetscape Rendering
9.      Special Development Permit Justifications Form
10.      Acoustical Analysis
11.      Certified Arborist Report
12.      City Council Policy 1.1.12
13.      Data Table of Comparative Zoning