REPORT TO COUNCIL
SUBJECT
Title
Proposed Project: Appeal by neighbors of a decision by the Planning Commission approving related applications on a 0.85-acre site:
SPECIAL DEVELOPMENT PERMIT: to allow construction of 18 three-story condominium units and the retention of one single-family house (156 Crescent Avenue); and,
TENTATIVE MAP: to create one lot and 19 condominium units.
Location: 148 and 156 Crescent Avenue (APNs: 211-35-008 and 211-35-009)
File #: 2021-7826
Zoning: R-3/PD - Medium Density Residential / Planned Development
Applicant / Owner: Samir Sharma (applicant) / Crescent Avenue LLC (owner)
Environmental Review: A Class 32 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions.
Project Planner: Momo Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov
Report
BACKGROUND
Easter Gables Subdivision was recorded with the County of Santa Clara in 1929, and the house at 156 Crescent Avenue was constructed in 1927. The house at 148 Crescent Avenue was constructed in 1953. City Council approved rezoning of the subject properties from Interim Agricultural to R-3 (Medium Density Residential) zoning on April 17, 1962 (Ordinance No. 993). The properties were included on the Sunnyvale Heritage Resource Inventory in 1979 as part of the “Crescent Avenue Streetscape”.
The applicant submitted an application to redevelop the property on April 8, 2021. Resource Alteration Permit (RAP) #2021-7265 was approved by the Heritage Preservation Commission (HPC) on May 3, 2023, to remove 148 Crescent Avenue from the Heritage Resource Inventory and consider the impacts of the 18-unit townhouse development and minor exterior improvements for the house at 156 Crescent Avenue. The HPC approved the project on a 7-0 vote. No appeal requests were submitted for HPC’s decision to remove the 148 Crescent Avenue property from the Inventory and their decision is now final.
The Special Development Permit and Tentative Map #2021-7826 were considered by the Planning Commission on May 22, 2023 (Attachment 13). Minutes of the Planning Commission public hearing can be found in Attachment 14. The Planning Commission approved the project on a 4-0 vote (3 absent) with a modification to add the Green Building program webpage link to condition BP-17.
APPEAL
On June 2, 2023, a neighbor appealed the Planning Commission decision. The letter of appeal is included as Attachment 15 and includes the following reasons for the appeal:
1. Number of Units and Utilities - 19 units is too high density for this street. The area is on well water system and adding housing will impact water supply.
2. Pedestrian Safety - Many students and seniors walk this street and the project will overwhelm the street with construction vehicles and gear.
3. Parking and Trash/Blight - There is already excessive street parking on the street which conflicts with garbage bin placements for residents. Due to the many cars parked on the street, street cleaning is ineffective resulting in cleanliness issues.
4. Increased Crime - There have been increases in smash and grab attacks on the vehicles parked on the street and mail theft.
5. Suggestions - Reduction of Units to 9 or 10 units, and More Parking
In addition to the letter of appeal, staff has received eight letters from other neighbors (Attachment 16), seven of which included the exact same language and concerns as the Appellant, and one neighbor with additional concerns related to the height of the project, traffic and safety, garbage and utilities, construction noise, construction equipment, and traffic flow.
STAFF COMMENTS ON APPEAL
The subject property and the surrounding properties have been zoned R-3 (Medium Density Residential) and R-4 (High Density Residential) for over 50 years. The subject site is one of the remaining properties that has not been redeveloped. Sunnyvale Municipal Code (SMC) Section 19.18.020 requires a maximum 24 dwelling units per acre in R-3 zoning and Sunnyvale General Plan Policy HE-4.3 requires a minimum of at least 75 percent of the maximum zoning density or 17 dwelling units per acre to be developed. The project proposes 22.5 dwelling units per acre, which conforms with both the Zoning density requirement and General Plan policy.
The City’s utilities and service capacities are planned according to the General Plan land use designations of the area and the proposed development will not have a significant impact or effect on utilities and future service levels or capacity. The site is serviced by California Water Service (CalWater), which supplies water from a variety of sources including groundwater pumping and purchasing from the San Francisco Public Utilities Commission water system, and the project has received a Will Service Letter from the provider.
The project meets the maximum height requirement of 35 feet and preserves the one-story historic residence at the street frontage which reduces the impact of the three-story townhome building behind it. In addition, the senior apartment building to the west of the project site is taller at 42 feet and the condominium development to the east is 35 feet.
The proposed project provides two covered parking spaces in individual garages per townhome unit and one uncovered parking for the house at 156 Crescent Avenue, which is 37 assigned parking spaces. There are five uncovered parking spaces at the south end of the development. As noted in the Planning Commission staff report, the project does not comply with the parking requirements contained in SMC Chapter 19.46. However, the project is automatically entitled to the State Density Bonus Law’s reduced parking requirement. The project exceeds the minimum State Density Bonus Law parking requirements by 13 parking spaces. Future residents will be required to utilize the assigned parking spaces for parking and not for storage as conditioned [Attachment 4 COA AT-6(a)].
The public street frontage at the project site currently bulbs out and Crescent Avenue is narrower in front of the project site. As conditioned (Attachment 4, COA TM-5), the project is required to provide street dedication in the form of an easement, and install improvements including new sidewalk, park strip, curb and gutter, so that the street width aligns with the rest of Crescent Avenue. The improvements will increase safety and visibility on the street as well as provide additional street parking. The project has been designed to provide emergency vehicle and solid waste vehicle access and turnaround on site.
Pursuant to Council Policy (1.2.8 Transportation Analysis Policy), Vehicles Miles Traveled (VMT) is now used to identify potential transportation impacts of a proposed land use project to comply with California Environmental Quality Act (CEQA). The project will not trigger a transportation-related impact as the site is located in an area where the VMT per Capita is at least 15% less than the Countywide Baseline Average. There may be an increase in vehicles in the immediate area as a result of the project, however, as an infill development, the project contributes to the overall reduction in the number of vehicles traveling long distances to and from homes and jobs, and reduction of regional greenhouse gas emissions.
Staff is aware of a number of recent thefts and vandalism in the neighborhood. Department of Public Safety (DPS) and other City officials continue to work diligently to reduce these incidents. Notifications to DPS and continued community vigilance are encouraged. While these concerns are important to neighbors, state housing law requires the City to approve housing projects that are consistent with the City’s General Plan and zoning standards.
Construction noise and traffic will have a temporary impact on nearby residents. However, as conditioned, the project will be required to submit a Construction Management Plan, Traffic Control Plan, and implement noise reduction measures as recommended by the project noise consultant. City inspectors from both the Community Development Department and Department of Public Works will be enforcing these conditions and working with the developer as well as the residents to minimize impacts.
The applicant has submitted a letter to City Council regarding the appeal (Attachment 17).
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
1,705 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.
ALTERNATIVES
1. Deny the appeal and affirm the Planning Commission’s decision to approve the Special Development Permit and Tentative Map with the recommended findings in Attachment 3 and conditions of approval in Attachment 4 to the report.
2. Deny the appeal and affirm the Planning Commission’s decision to approve the Special Development Permit and Tentative Map with the recommended findings in Attachment 3 to the report, subject to modified Conditions of Approval.
3. Grant the appeal and deny the Special Development Permit and Tentative Map.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Deny the appeal and affirm the Planning Commission’s decision to approve the Special Development Permit and Tentative Map with the recommended findings in Attachment 3 and conditions of approval in Attachment 4 to the report.
Staff is recommending approval of the proposed project based on consistency with the General Plan and Zoning Code; the included recommended conditions of approval will address noise and traffic concerns during construction. Parking for the project is within that enabled by the State Density Bonus law. The project provides homeownership opportunities on underutilized land within the City. The project density is consistent with the R-3/PD zoning district by providing 19 residential units (and increase of 17 dwelling units), where 20 units maximum are allowed on the site. The project will preserve a historic house while utilizing the State Density Bonus Law. While the City has limited discretion on this State Density Bonus law allowance, staff finds that the project meets the objectives of the General Plan, Zoning District, and relevant objective design guidelines.
Staff
Prepared by: Momo Ishijima, Senior Planner
Reviewed by: Noren Caliva-Lepe, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director of Community Development
Approved by: Teri Silva, Assistant City Manager
ATTACHMENTS
Attachments from Report to Planning Commission
1. Vicinity and Noticing Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval (updated with Planning Commission modification)
5. CEQA Class 32 Exemptions Analysis
6. Site and Architectural Plans
7. 156 Crescent Avenue as Built Plan
8. Color and Materials Board
9. Project Description Letter
10. Transportation Demand Management Plan
11. Heritage Preservation Commission May 3, 2023 Staff Report
12. Heritage Preservation Commission May 3, 2023 Final Minutes
Additional Attachments for Report to Council
13. Planning Commission May 22, 2023 Staff Report (without attachments)
14. Planning Commission May 22, 2023 Final Minutes
15. Appeal Letter
16. Letters from Neighbors
17. Applicant Letter to City Council