REPORT TO PLANNING COMMISSION
SUBJECT
Title
File #: 2013-7081
Location: 610 E. Weddell Drive (APN: 110-28-001)
Proposed Project: Related applications on a 4.04-acre site:
SPECIAL DEVELOPMENT PERMIT: for the construction of a four-story building consisting of 205 residential apartment units
Applicant / Owner: Sares - Regis Group / Fucms 2001 C2 Weddell Drive LP
Environmental Review: Environmental Impact Report (2013-7240) Certified by City Council on March 25, 2014
Report
REPORT IN BRIEF
General Plan: Residential High Density (as approved by City Council on March 25, 2014)
Zoning: R-4/PD (as approved by City Council on March 25, 2014)
Existing Site Conditions: Vacant - Industrial Light Manufacturing
Surrounding Land Uses
North: El Dorado Mobile Home Park and PG&E Substation
South: Multi-Family Residential (across U.S. Highway 101)
East: East Channel (flood control); Multi-Family Townhomes
West: Industrial (concurrent proposal by Raintree Partners to develop the site with apartments)
Issues: Compatibility, Architecture
Staff Recommendation: Approve with Conditions
BACKGROUND
On March 25, 2014, the City Council approved an amendment to the General Plan land use designation of the site from Industrial to High Density Residential and rezoned the site from Industrial and Service to Residential High Density/Planned Development (R-4/PD). In addition, the City Council certified an Environmental Impact Report (EIR) that was prepared for the site and a concurrent development proposal by a separate applicant at 520-550 E. Weddell Drive. More discussion of the EIR is provided in the "Environmental Review" section of this staff report.
Prior to the current development which was established in 1984, a residential project was considered for 610 E. Weddell Dr. in 1982. The project consisted of 168 units (about 42 units per acre) and was recommended for approval by the Planning Commission, but was ultimately denied by the City Council. Subsequently the current industrial/research and development (R&D) building was proposed, approved and built for the site. The building has been vacant since 2007.
Description of Proposed Project
The proposed development is located on a 4.04 acre site and would consist of 205 residential apartment units within a four-story building. The project also includes a four story parking structure positioned adjacent to the off-ramp of Highway 101. The existing 62,442 s.f. one-story vacant industrial building would be demolished.
The proposed density (50 units per acre) is consistent with the maximum allowable density permitted in the R-4 Zoning District. The project consists of 146 base units (up to 36 dwelling units per acre per the R-4 zoning district) of which 11% or 16 units are affordable to very low income households. An additional 52 units (35% of the base) are proposed through the state density bonus law for providing the affordable units, and 7 additional units (5% of the base) are proposed through the City's Green Building incentive program. The size, location, and price of the affordable units will be established through an agreement with the City's Housing Division.
· Special Development Permit
A Special Development Permit (SDP) is required for projects within the PD Combining Zoning District for site and architectural review. The SDP also is used to consider preliminary landscaping and stormwater management plans.
Deviations, or exceptions to code-required development standards, can be considered through an SDP and do not require separate review through a Variance application. The applicant is requesting a deviation from lot coverage; through state law, by providing a certain percentage of very low income units, the project can be granted two concessions from development standards. Furthermore, as discussed in the "parking" section of this report, an alternative parking rate can be utilized for development with affordable housing, exclusive of those concessions.
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
On March 25, 2014 the City Council certified an Environmental Impact Report (EIR) for the subject site and concurrent proposal at 520-592 E. Weddell Drive. The EIR included analysis of environmental effects of the proposed General Plan Amendments for 610 E. Weddell and for 520 E. Weddell and the amendments to the Precise Zoning Plan and Zoning District Map. The EIR also included analysis of the two development projects as currently proposed with the Special Development Permit.
On March 25, 2014 the City Council also approved, through a separate public hearing, an amendment to the General Plan Land Use designation from Industrial to Residential High Density and Rezoning from MS/PD (Industrial & Service/Planned Development) to R-4/PD (High Density Residential/Planned Development). As part of the same hearing, a rezoning and General Plan Amendment was considered for 520 E. Weddell Drive.
EXISTING POLICY
General Plan Goals and Policies: Key goals and policies from the Land Use and Transportation Chapter of the General Plan which pertain to the proposed project are provided in Attachment 3.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was previously prepared and certified by the City Council on March 25, 2014 in compliance with the California Environmental Quality Act (CEQA). The EIR included an evaluation of the potential impacts associated with the proposed project along with the proposal at 520-550 E. Weddell Drive. As stated in a prior staff report (RTC 14-037), the EIR evaluated the proposed General Plan Amendments, Rezoning and individual projects of the separate sites. Additionally, the EIR contemplated an alternative with a higher density proposal on each site.
Mitigation measures for significant impacts have been identified and included in the Mitigation Monitoring and Reporting Program (MMRP). These mitigations are also incorporated in the Conditions of Approval. Many of the impacts are temporary impacts due to construction and demolition related activities. As discussed in the staff report for the EIR certification, key impacts that were considered significant include:
· Transportation and Traffic
· Aesthetics
· Air Quality
· Noise
· Hazards & Hazardous Materials
· Utilities
Each of the identified impacts would become less than significant with the implementation of mitigation measures. The EIR did not identify any significant and unavoidable impacts; therefore, no statements of overriding consideration were made. This project does not modify the previous EIR Findings.
Mitigation Monitoring & Reporting Program (MMRP)
The adopted Mitigation Monitoring and Reporting Program (MMRP) is included in Attachment 6. The purpose of the MMRP is to determine when mitigation will occur, who is responsible for conducting mitigation and who is responsible for verifying that mitigation has occurred. The MMRP is required as part of the environmental review under CEQA. The MMRP is incorporated into the Conditions of Approval that are attached to this report. Per Council action on March 25, 2014, a modified program was adopted which included added clarification to certain mitigation measures.
DISCUSSION
Present Site Conditions
The site is currently developed with a 62,442 s.f. one-story vacant industrial building that has been vacant since 2007.
Development Standards
The proposed project complies with the majority of applicable Development Standards as set forth in the Sunnyvale Municipal Code. The following have been identified as either deviations from required standards or were identified for clarification by the Planning Commission:
Site Layout
The site is accessed off one driveway at a cul-de-sac at the eastern most point of E. Weddell Drive. The layout of the site consists of one four-story building positioned centrally on the lot. Three centralized courtyards are positioned within the middle of the building. The building curves at the entrance facing the cul-de-sac. A 28-foot landscaped area is positioned along the northern and eastern ends of the site. These areas include paved walkways and turf block which allow for needed emergency fire truck access. The fire access route continues off site through an existing emergency vehicle easement located directly to the east through the neighboring Lakehaven Townhomes development. This access road leads to Lakehaven Drive.
A four-story garage provides parking for the new development and is positioned along the southern end of the site, curving towards the driveway entrance of the site off Weddell Drive. The setback from the property line adjacent to the highway right-of-way to the closest point of the garage is 20 feet. All setback requirements of the R-4 Zoning District are met for the development. The building exceeds the lot coverage requirement at approximately 54% where 45% is allowed. This deviation is considered one of two permitted concessions under provisions of the state density bonus law.
Similar to the neighboring project at 520 E. Weddell, the design of the site utilizes the positioning of the garage to buffer noise and air quality impacts to the rest of the site from U.S. Highway 101.
The apartment building is composed of 99 one-bedroom units, 77 two-bedroom units and 29 three-bedroom units that range from 654 to 1,676 square feet. The building includes several community spaces and amenities including a clubhouse, fitness center, bike shop, business center, pool, and spa.
Architecture
The proposed architectural design of the building is modern, utilizing various angled and projecting forms that break up the mass of the structure. The building is predominately composed of textured painted plaster with portions of the façade composed of horizontal cement board siding. Metal awnings are utilized at certain sections of the building at the first and third levels. Projecting cornices help define the top of certain building corners and sections of the building. Vinyl and aluminum storefront windows are also utilized. The color palette of the building utilizes a combination of lighter beige, white, and grey, along with darker and more natural redwood shades. As indicative of many modern styles, certain features of the building pop out through the use of a brighter color such as orange in this case. Building mass is broken up through alternating windows and balconies.
The tallest point of the four-story building reaches approximately 55 feet and is located at the southwest corner at the building entrance which is consistent with the number of stories and maximum building height allowed in the R-4 Zoning District. A majority of the building ranges from 42 to 46 feet. Staff has worked with the applicant to consider scaling down portions of the building that face nearby one- and two-story residential uses. As a result, sections of the building along the north and east sides of the building are reduced to three stories and 34 feet (See "Elevations" on Page 27 of Attachment 5).
Based on comments at previous Planning Commission study sessions on this project, staff has been working with the applicant to consider design enhancements to the garage that faces U.S. Highway 101. Although the garage is partially obscured by redwood trees that lie along the perimeter of the site, concerns have been raised that this elevation lacks architectural detail. Design treatment has been added to further improve the appearance through utilizing more building features found elsewhere along the façade. Staff acknowledges the hidden nature of the garage from the highway yet finds that additional refinement is still warranted to enhance the aesthetics of the south side of the project. Further, staff recommends additional architectural treatment to the residential wall that is visible from the top deck of the parking structure.
Parking and Circulation
The project proposal includes a total of 340 parking spaces which exceeds the amount of spaces required (311) under provisions of the state's density bonus law. For projects not subject to the state's affordable density bonus law, the Sunnyvale Municipal Code would require 361 spaces, based on the bedroom count that is provided. The assigned and unassigned parking spaces are provided entirely within a four level parking garage that faces U.S. Highway 101 to the south. Per Sunnyvale Municipal Code, 44 of these spaces are pre-wired for electric car chargers. There are no compact spaces designed for the project. Although allowed through the State Density bonus provisions, there are not tandem parking spaces. Staff is requiring that 25% to 75% of the unassigned parking spaces be reserved for guest spaces within the garage, per Conditions of Approval. Similar to other multi-family developments, Conditions of Approval require a Parking Management Plan to be submitted prior to Building Permit approval.
The site provides 52 Class I and five Class II bicycle spaces per VTA guidelines. Most of these spaces are located in the parking structure. An area is also noted within a bike shop at the front of the building. Per Conditions of Approval, staff has required that bike racks be available at a prominent location towards the entrance of the site near the lobby.
Landscaping and Tree Preservation
Landscaping for the site is predominately located around the perimeter of the site in addition to three centralized courtyards. The courtyards are composed of a combination of hardscape, trees and shrubs and other communal amenities. The project meets Code requirements for landscaping and usable open space for the R-4 Zoning District. The proposed plans also indicate that private usable open space areas meet the required minimum 80 s.f. area and dimensions for balconies.
The site currently has 95 trees of which 66 are considered protected trees by code. Protected trees are those that measure 38 inches or greater in circumference when measured at four and a half feet from the ground. The plans for this project indicate preservation of 36 redwood trees (34 protected trees). These trees are located adjacent to the parking garage along the property line next to the highway off-ramp. Conditions of Approval require that all protected trees that are scheduled to be removed shall be replaced with a minimum of 36-inch box trees. Five trees are planned to be added adjacent to the improved sidewalk at the cul-de-sac. Overall, the project will be adding 85 trees to the site.
Although the preliminary landscape plan indicates a row of trees along the north property line, staff is requiring that larger size trees be planted towards the northwest corner of the site to further buffer the new development from the nearby El Dorado Mobile Home Park (Condition of Approval BP-10a).
John W. Christian Greenbelt
North of the property is the Hetch Hetchy water transmission line, which is owned by the San Francisco Public Utility Commission (SFPUC). Much of the property to the north that continues east to west is used as a pedestrian and bicycle path known as the John W. Christian Greenbelt. The City currently leases the eastern portion of the SFPUC property, which is improved with a paved pathway. The western portion of the SFPUC property has been leased and utilized as a parking lot for a nearby property. The area is not planned to be modified as part of this project, and, at this time, the SFPUC will not allow public access through its property and will limit improvements to low lying shrubs and grasses. The applicant has agreed to improve the City-leased eastern portion SFPUC property with landscaping and a pathway. The proposed improvements include paving and landscaping of the eastern SFPUC property. A final design to improve this area is required per Condition of Approval EP-24 and is subject to SFPUC approval. A preliminary plan is included on page 50 of Attachment 5.
Adjacent to the parking lot on the SFPUC lands, to the north, is an access road that leads to a PG&E substation; the City retains an access easement over this property that connects to the Greenbelt. The applicant has agreed to improve this easement area with landscaping. The improvements are subject to approval by PG&E. Staff is recommending that the applicant provide public pedestrian access through an easement on the project site (Condition of Approval EP-23), in addition to landscape improvements on the SFPUC and PG&E properties.
Storage Lockers
The Zoning Code requires 300 cubic feet of storage for each residential unit. The intent of the storage area is to provide additional lockable storage space for developments that do not have individual secured garage space. The project proposes to accommodate this requirement by providing the storage area within the parking garage. The lockers are conveniently located on each floor in between the parking structure and the residential units.
Trash & Recycling Facilities
The site will be served by four trash and recycling facilities and a separate staging area adjacent to the loading area at the cul-de-sac. Three of the trash rooms are positioned near the garage. A fourth room is located towards the north end of the building. Each room is served by a chute from the upper levels of the building. Prior designs had indicated several units located beyond the required 150 feet from a trash chute. Since previous study sessions, the applicant has redesigned the layout by increasing and repositioning the number of trash rooms. The current layout indicates one unit located beyond 150 foot distance (about 160 feet). Staff considers this deviation acceptable. Conditions of Approval require that final details to the loading and service area meet Department of Public Works standards.
Stormwater Management
A preliminary Stormwater Management Plan has been submitted as required, which shows proposed drainage patterns and conceptual treatment techniques to minimize surface runoff and pollution. Low Impact Development (LID) measures are proposed throughout the site and include bio-retention and bio-filtration areas which, to the extent feasible, retain water onsite and allow treated overflow in the storm drain system. Storm drain runoff will be filtered by bio-treatment ponds and flow-through planters. A more detailed Stormwater Management Plan will be submitted during the building permit phase per Conditions of Approval and the plans will be reviewed and certified by a City approved Third Party reviewer.
Water-Efficient Landscaping
The applicant has provided a preliminary water-efficient landscape plan to meet City standards. The applicant has developed a planting palette that uses predominately low water use plants and uses minimal turf areas. Conditions of Approval require a final landscape plan prior to issuance of building permits.
Green Building Requirements
All new multi-family residential projects are required to achieve a minimum 80 points according to the Green Point Rated checklist. The preliminary plans for the project indicate that 120 points will be achieved. As part of the City's green building incentive program, a 5% density bonus can be granted if the project achieves a minimum of 110 points. At the time of building permit review, and again at the time of final project inspection/occupancy a certified Green Point Rater is required to provide a letter that states the project is designed to achieve the minimum points required. A proposal to amend the City's Green Building Program to increase the green building requirements will be considered by the City Council on May 6.
Tasman / Fair Oaks Area Pedestrian and Bicycle Circulation Plan
As part of the action by the City Council on the General Plan and Zoning of the property on March 25, 2014, the property was also included in the Tasman / Fair Oaks Area Pedestrian and Bicycle Plan.
The project plans to implement certain public and private street improvements that are detailed in the plan. The project is also required to pay a Sense of Place fee to support pedestrian and bicycle improvements in the area. In the past, the Sense of Place fees have been used to secure grant funding for a project on Fair Oaks Ave. and the vicinity that included new decorative lighting, sidewalks, and place-making icons. Additional planned improvements include improved sidewalks and contribution to an enhanced crosswalk striping and pedestrian signal across N. Fair Oaks Avenue at the E. Weddell intersection. The enhancement may include "zebra-striped" crosswalk and pedestrian count-down signals for improved pedestrian safety
Impact on the Surrounding Neighborhood
The previous rezoning and general plan amendment reports included an evaluation of the change in land use from industrial to residential. Environmental impacts have also been previously evaluated as part of the EIR. The proposed project will change the visual appearance of the site by replacing a one-story industrial building with a three and four-story residential building. The new development will be visible to the townhouse residents to the east and the mobile home park to the north, although existing and proposed trees partially obscure the proposed building. The applicant has provided exhibits to illustrate the different views from neighboring properties (See pages 38 - 43 of Attachment 5). Staff has worked with the applicant to architecturally treat the sides of the building that face adjacent residential uses to the north and east. As compared to the existing use, the taller residential building should help further buffer noise impacts from the highway to the adjacent uses. As shown in the provided plans, solar access is not impacted as neighboring buildings are located a sufficient distance away. Several public improvements associated with the Fair Oaks Tasman Bicycle & Pedestrian Plan will improve bicycle and pedestrian circulation.
Fiscal Impact
The project is required to pay a Transportation Impact Fee (TIF) for each net new peak hour trip generated by the project. The estimated TIF for the proposed 205-unit residential apartment project is $136,159.95.
All residential projects are required to pay a park in-lieu fee unless dedicated park land is provided as part of the project. In this case the required in-lieu fee, based on FY 2013-2014 adopted park in-lieu fee land value, is estimated to be $3,578,815.55 for 205 new apartment units. The 16 affordable rental units are exempt from the fee requirement. The fee will be recalculated based on the fee in place at the time of payment; the acreage basis for the fee will not change.
The project is subject to the Sense of Place Fee for neighborhood pedestrian and streetscape improvements. Sense of place fees are estimated at $1,096 per dwelling unit. The total fee is currently estimated at $224,823.50 and is required at time of building permits.
The project would also generate increased property tax revenue from the increase in the assessed land value, and new residents would generate new sales tax from retail expenditures in the city. This increase in revenue would offset the cost of new City services needed by these new residents.
PUBLIC CONTACT
Notice of Public Hearings on the Special Development Permit
· Published in the Sun newspaper
· Posted on site
· 1,342 notices were mailed to property owners and tenants within 1,000 ft. of the project site as shown on Attachment 1.
· Notices were emailed to the following Neighborhood Associations: Lakewood, Morse Park, SNAIL, and San Miguel
Staff Report
· Posted on the City of Sunnyvale's Web site
· Provided at the Reference Section of the City of Sunnyvale's Public Library
Agenda
· Posted on the City's official notice bulletin board
· Posted on the City of Sunnyvale's Web site
Planning Commission Study Sessions: Three study sessions were held with the Planning Commission. On August 5, 2013, the development application for this site was reviewed along with the application for the 520-550 E Weddell Avenue site. Comments related to the scale of the four-story building in relationship to the neighboring lower density development. Since the meeting, the applicant has reduced the building height at certain locations facing the mobile home park and townhomes. The applicant has also added architectural treatment to the garage elevation. On September 9, 2013, a study session with the Planning Commission was held regarding the Draft EIR Discussion at this study session related to traffic, noise and the general document format. On February 24, 2013, a study session was held to introduce the projects to four new Planning Commissioners.
Outreach Meetings: Outreach meetings have been held by the developer with the surrounding community. The applicant has presented information at neighborhood and homeowners association meetings. The applicants have also met with many property owners and residences individually within the area.
Staff has received 43 letters from the public regarding the proposal, included in Attachment 7. Many of the letters include references to the concurrently proposed projects at 520-550 E. Weddell Drive. Members of the public note concerns with traffic and density related to the project. The Final EIR document responds to the concerns related to environmental factors such as traffic, hazardous soil and materials, air quality, and impacts to public safety and schools. Letters of support has been provided by the Silicon Valley Leadership Group, Silicon Valley Bicycle Coalition, Santa Clara County Housing Action Coalition, and Moffett Park Business Association. Letters of support have also been received from the neighboring Lakehaven Townhome Homeowners Association and Lakewood Neighborhood Association. A letter of support has also been provided by the Silicon Valley Leadership Group.
ALTERNATIVES
- Approve the Special Development Permit with attached findings and conditions.
- Approve the Special Development Permit and with modified conditions.
- Deny the Special Development Permit.
RECOMMENDATION
Recommendation
Recommend Alternative 1 to approve the Special Development Permit based on the Findings in Attachment 3 and with the recommended Conditions in Attachment 4.
Staff
Prepared by: Ryan Kuchenig, Associate Planner
Reviewed by: Trudi Ryan, Planning Officer
Approved by: Hanson Hom, Director, Community Development
Attachments
ATTACHMENTS
1. Vicinity and Mailing Radius Map
2. Project Data Table
3. Findings for Approval & General Plans Goals and Policies
4. Conditions of Approval
5. Project Plans dated April 23 2014
6. Adopted Mitigation Monitoring & Reporting Program
7. Letters from Interested Parties