REPORT TO COUNCIL
SUBJECT
Title
Proposed Project: Introduction of Ordinance to REZONE 28 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story)
File #: 2016-7431
Location: 662-678 Vanderbilt Drive (Assessor Parcel Numbers 202-06-026 through 202-06-030), 1202-1204 Sesame Drive (202-08-003 through 202-08-006), 1218-1234 Sesame Court (202-08-001, 202-08-002 and 202-06-043 through 202-06-048) and 661-677 Winggate Drive (202-06-034 through 202-06-042)
Zoning: R-1
Applicant / Owner: Baerbel Schumacher (plus multiple owners)
Environmental Review: The Ordinance being considered is categorically exempt from review pursuant to CEQA Guidelines Section 15305 (minor alteration in land use) and Section 15061(b)(3) (the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the activity is not subject to CEQA).
Project Planner: Gerri Caruso (408) 730-7591, gcaruso@sunnyvale.ca.gov
SUMMARY OF PLANNING COMMISSION ACTION
On September 12, 2016, the Planning Commission considered this request from several property owners to rezone 28 single-family properties to the R-1/S zoning designation to limit homes in the area to single story. The rezoning would only affect the 28 homes included in the application area, and would prohibit future additions resulting in two stories.
Four individuals spoke in favor of the rezone, including two property owners in the affected area. Five people spoke against the rezoning raising issues that it limits the potential use of properties, reduces property values, and is undesirable for future buyers. Some residents also voiced concerns over the City’s process for reviewing rezoning requests for the Single-Story Combing District; these speakers suggested changes to the process.
The Planning Commission voted 5-2 to recommend to Council to rezone the properties to R-1/S. The dissenters stated they could not make the finding that the rezoning was in the public interest. Planning Commission Minutes are in Attachment 9.
POLICY CONSIDERATIONS
Municipal Code Section 19.26.200(b) states that the single-story combining district may be established at the discretion of the City Council to combine with the R-0, R-1 or R-2 zoning districts. Submittal of the minimum application requirements does not guarantee nor imply an automatic approval. The City Council may approve a zoning amendment upon finding that the amendment, as proposed, changed or modified is deemed to be in the public interest. The language of the finding is broad and undefined and the City Council can take into consideration any aspect of the rezoning that it considers in the public interest.
Recently members of the pubic have questioned if the current application process is sufficient to assure residents understand the implications of single-story zoning. There is a suggestion that a more rigorous application process, such as an independent poll of property owners by staff, would better validate interest by property owners in the proposed zoning district. Based on the feedback, staff plans to modify a few administrative processes and request that property owners confirm their interest or opposition to the rezoning request after the outreach meeting and prior to scheduling the Planning Commission and City Council public hearings. There have also been requests to analyze the effect of single-story rezonings on the citywide housing stock and property values.
The single-story combining district was created in 2000 as part of a larger study to consider changes to single-family home design criteria and development standards. The Planning Commission has considered four single-story rezoning applications this year (compared to three from 2000-2015) and five other applications are pending. Staff recently conducted a study session for the Planning Commission about the history and current project review process. Due to the number of single-story applications this year and after hearing comments made by the public at the study session, the Planning Commission has forwarded a study issue for consideration in 2017 to relook at the process and to determine what factors should be considered as part of determining “in the public interest.”
ALTERNATIVES
1. Find the project exempt from CEQA pursuant to CEQA Guidelines Section 15305 and 15061(b)(3)
2. Find that the zoning amendment (rezoning) is deemed to be in the public interest (as set forth in Attachment 6) and Introduce an Ordinance to Rezone 28 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story).
3. Introduce an Ordinance to Rezone fewer properties.
4. Deny the rezone.
STAFF RECOMMENDATION
Recommendation
Alternatives 1 and 2: 1) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 and 15061(b)(3) ; and, 2) Find that the zoning amendment (rezoning) is deemed to be in the public interest 9as set forth in Attachment 6 to the report and Introduce an Ordinance to Rezone 28 contiguous single family home lots from R-1 (Low Density Residential) to R-1/S (Low Density Residential/Single-Story).
Staff
Prepared by: Gerri Caruso, Principal Planner
Reviewed by: Andrew Miner, Planning Officer
Reviewed by: Trudi Ryan, Director of Community Development
Reviewed by: Kent Steffens, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Report to Planning Commission, September 12, 2016
2. Vicinity and Noticing Maps
3. List of addresses and APNs within the proposed district
4. Applicant’s letter
5. Draft Ordinance
6. Recommended Finding
7. Letter from City to property owners in proposed district
8. Letters from property owners and residents (updated for Report to Council)
Additional Attachments for Report to Council
9. Excerpt of Planning Commission Minutes, September 12, 2016