REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project:
APPEAL of a decision by the Director of Community Development approving a DESIGN REVIEW to construct a first-story addition of 462 square feet and a new 522 square feet second-story addition to an existing one-story single-family home, resulting in 2,920 square feet (2,452 square foot living area and 414 square foot garage) that utilizes a Green Building incentive for a 47.9% floor area ratio (FAR).
Location: 1585 Mallard Way (APN: 309-31-071)
File #: PLNG-2023-0668
Zoning: R-0 (Low-Density Residential)
Appellant: Zhongwan Wang and Haohan Li; Bernita Lee; and Sona Varty and Advait Mogre
Applicant/Owner: Azadeh Masrour / Suyash Jain
Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Shila Bagley, (408) 730-7418, sbagley@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Residential Low Density
Existing Site Conditions: Single-family residence
Surrounding Land Uses
North: Single-family residence
South: Single-family residence
East: Single-family residence
West: Single-family residence
Issues: Appeal letters noting concerns with construction dust and noise, neighborhood compatibility, obstruction of view, impairment of light, and privacy.
Staff Recommendation: Alternative 1. Deny the Appeals and uphold the decision of the Director of Community Development to approve the Design Review Permit for the proposed addition to the existing single-family home based upon the Recommended Findings for Approval in Attachment 3 and subject to the Conditions of Approval in Attachment 4.
BACKGROUND
The applicant submitted a staff-level Design Review application for the construction of a 462-square-foot addition to the first floor and a new 522-square-foot second-story addition to an existing one-story, single-family residence on September 19, 2023.
Notices were mailed to residents within 300 feet of the project site for public comment as required by the Sunnyvale Municipal Code (SMC). The notice period was held between February 5, 2024, to February 19, 2024.
The City received two emails opposing the project. One was from residents at 1572 Mallard Way, expressing concerns about construction dust and the other email was from residents at 1579 Mallard Way, highlighting concerns about the shading impact of the second-story addition. The public comment emails and staff responses are included in Attachment 7.
As the proposed project meets all applicable policies and code requirements, the application was approved on February 20, 2024 (see Attachment 8 for Design Review (PLNG-2023-0668) Approval Letter). During the 15-day appeal period, three neighbors filed separate appeals of the decision (See appeal letters and supporting documents in Attachments 9, 10, and 11).
Description of Proposed Project
The existing single-story, single-family residence is situated on a 5,974-square-foot lot located mid-block on the west side of Mallard Way between Durshire Way and Humewick Way. The applicant proposes to construct a 183 square feet addition to the front and a 279 square feet addition to the rear of the existing first floor; and a new 522-square-foot second story.
Pursuant to the Sunnyvale Green Building Incentives, single-family dwelling projects seeking to expand their floor area up to 50% or 4,000 square feet (whichever is less), or increase their lot coverage by 5%, may qualify for staff-level design review, provided they meet other applicable development standards.
To qualify for these incentives, projects must either achieve 120 points with Build It Green Certification or commit to using exclusively all-electric appliances throughout the entire home, without any gas connections. The project qualifies for staff-level design review because the proposed FAR of 47.9% is under the 50% threshold and the project proposes to transition from gas to all-electric appliances.
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
There are no previous planning permits and no active Neighborhood Preservation cases associated with this property. There are multiple building permits for various repairs and alterations from 1961 to 2020, including the building permit for the construction of the single-family residence in 1961 (B18053051).
DISCUSSION
Site Layout and Architecture
The project site consists of an existing single-story residence with a two-car garage that was constructed in 1961. The residence is located within a predominantly one-story neighborhood that consists of ranch-style architecture with simple roof forms (gable and hip), low-pitch roofs, recessed front entries, garages in the front, asymmetrical façades, and picture windows.
The proposed project consists of additions to the first floor and a new second-floor addition. The proposed first floor would include a two-car garage, four bedrooms, three bathrooms, a living room, a kitchen, a dining room, and a family room. The proposed second floor would include a primary bedroom with one bathroom and a walk-in closet.
The new second-floor addition will be set back approximately 44 feet from the front property line. The second-floor windows on the left side will be high sill windows and on the right side, staircase windows will be set back 32 feet from the right-side property line.
The proposed design utilizes transitional modern ranch architectural elements and incorporates a more prominent front entry feature. The proposed exterior materials include white smooth stucco which is complemented by black garage and entry doors, and matching window trims. A stone treatment is proposed as wainscoting along the front of the house to reduce the visual bulk of the building and to provide more visual interest. The roof consists of a combination of hip and gable styles, in line with the simple ranch design seen in many of the original homes in the neighborhood. Dark grey 40-year composition shingles will be used for the roof to match the existing roofing material.
No tree removal is proposed as part of this application.
The project plans are provided in Attachment 5 and the proposed colors, materials, and architectural details are provided in Attachment 6.
Applicable Design Guidelines
The proposed design is consistent with the adopted Single-Family Home Design Techniques and respects the character and scale of the neighborhood. The design maintains similar building and roof forms as may be found in the neighborhood. The floor area of the second floor is within 35 percent of the floor area of the first floor. The second-floor setback is 44 feet from the front property line which helps to reduce bulk and massing. The privacy implications of the second-floor windows along the left and right sides are reduced by utilizing high-sill windows.
Overall, the proposed project meets all applicable design guidelines which is discussed in more detail in the Findings for Approval in Attachment 3.
Appeals
During the 15-day appeal period, the City received three separate appeals. Below is a summary of the points raised in the appeal letters:
Appeal 1 - Resident at 1579 Mallard Way (See Attachment 9)
• Solar Study/Obstruction of Natural Light: Construction of the second floor significantly reduces natural light to the adjacent property, error in the solar study in that it does not show the appellant’s roof accurately and violates Sunnyvale Municipal Code Section 19.56.020(a) and impacts the property's functionality.
• Privacy Concerns: The introduction of multiple windows facing the neighboring property compromises privacy, especially since neighboring residences do not currently have second floors.
• Health Concerns: The appellant identified potential health concerns due to the construction of the adjacent property.
Appeal 2 - Resident at 1576 Mallard Way (See Attachment 10)
• Disruption due to construction noise and dust: The lengthy construction period estimated at a minimum of one year will cause significant dust and noise, impacting the household's tranquility and comfort, especially considering that the residents are frequently at home.
• Loss of privacy: The addition of a second story at 1585 Mallard Way directly affects the privacy of rooms facing it, such as the kitchen and living room, with concerns amplified by the potential removal of the privacy-enhancing front yard tree in the future.
• Potential negative impact on the neighborhood: The construction of a second story may set a precedent for further two-story homes in the area, leading to increased population density, traffic, and parked cars, which could disrupt the current quiet and safe environment enjoyed by residents on Mallard Way and its surroundings.
Appeal 3 - Resident at 1572 Mallard Way (See Attachment 11)
• Note that the appellants were asked if they wanted to redact any of the private medical information included in their appeal.
• Construction Dust: The appeal centers on the severe medical conditions of the family, particularly the impact of dust on their son's recovery from upcoming surgeries, as well as the respiratory issues of the parents. They stress the potential life-threatening consequences of exposure to construction dust, backed by medical documentation from physicians. The resident’s workout regimen in the garage, essential for maintaining lung and heart health, would be compromised by dust from the construction project, as advised by her pulmonologist. They emphasize the importance of being able to exercise safely in their home environment due to susceptibility to respiratory infections.
• Construction Noise: The family highlights the adverse effects of construction noise on their quality of life, especially for the mother, who is a brain tumor survivor with sound sensitivity, and their son, who has attention issues and high-functioning autism. They express concerns about the potential disruption to their son's ability to work from home and focus due to the construction noise. Additionally, they provide a petition from themselves and their neighbors advocating for dust control measures and addressing noise concerns during construction.
Accompanying the appeal request from residents at 1572 Mallard Way, a petition letter signed by 34 property owners was received, urging additional mitigation measures for construction dust (See Attachment 13 for the Construction Dust Mitigation Petition).
Staff Response to the Appeals
Appeal 1
1. Solar Study/Obstruction of Natural Light:
The December 21st analysis shows the most potential shadow impact on the appellant’s roof, and while the applicant’s shadow study did not accurately reflect the size of the appellant’s roof, the shadow cast by the second story addition would be negligible as it would be a marginal increase above the 0.5 percent shown in the Shadow Study. Therefore, the project complies with the shadow access requirement pursuant to Sunnyvale Municipal Code (SMC) 19.56.020. The second story is estimated to shade 0.9 percent of the adjacent roof to the north, which is less than the ten percent maximum shading that is allowed by the SMC. Adequate solar, light, and air access will be provided through the increased second-floor setbacks and distance between the proposed second-floor addition and the neighboring home. The applicant will provide an updated graphic illustrating compliance as part of their presentation at the public hearing.
2. Privacy concerns:
The project incorporates typical design elements that are intended to minimize privacy concerns. Among the second-floor windows along the north side elevation, two are staircase windows with naturally high sills. Additionally, the second-floor side yard setback on the north side, facing the appellant's property, is 32 feet which exceeds the required seven feet. The placement of the proposed second-floor windows and the setback distance are consistent with adopted design guidelines to minimize privacy impacts.
3. Health Concerns:
Sunnyvale Municipal Code 19.80.050 specifies the required findings that must be made to support a project; specifically, “that the project's design and architecture will conform with the applicable criteria and various guidelines for design review established by the city council.” The code does not allow the city to consider other factors in determining whether a project is supportable.
The project meets all applicable code and design criteria for Design Review permit and is therefore recommended for approval.
Appeal 2
1. Disruption due to construction noise and dust:
The proposed project is similar to typical single-family home additions such as adding an ADU or expanding an existing residence; and is anticipated to follow a construction timeline ranging from several months to a year. However, it should be noted that external factors such as supply chain issues may affect the final construction timeline.
The City has established regulations to alleviate the impact of construction on residents' quality of life. Per SMC Section 16.08.030, construction activities are limited to specific daytime hours, and the use of loud and environmentally disruptive noises that may disturb neighbors is strictly prohibited.
Additionally, the project must comply with other City regulations, including the Sunnyvale General Plan Policies and guidelines from the Bay Area Air Quality Management District. The construction team is obligated to minimize disruptions to neighboring properties by strictly adhering to these regulations and implementing best management practices throughout the construction process.
2. Loss of privacy:
The proposed second-floor windows on the front elevation, which are intended for a walk-in closet and bathroom, are set back more than 44 feet from the front property line. Additionally, there are currently no plans to remove the City tree in the front, which helps maintain privacy and contributes to the neighborhood's aesthetic.
According to the Basic Design Principles of Sunnyvale Single-Family Design Techniques, special attention must be given to orienting residences and home entries towards primary public or private streets. This approach ensures convenient pedestrian access and incorporates front windows to increase visibility and improve neighborhood safety.
3. Potential negative impact on the neighborhood:
SMC only prohibits two-story if the property is in a single-story combining district, which it is not. Therefore, property owners are allowed to add a second floor to their properties provided it complies with the adopted development standards and applicable design guidelines. Moreover, the addition of a second floor does not affect traffic and parking, as the subject residence complies with parking requirements.
The zoning for the project site is R-0, which allows two-story homes up to 30 feet in height. The proposed overall height is approximately 24 feet and utilizes a 4:12 roof pitch, similar to other homes in the neighborhood.
Sixteen percent (7 out of 43) of the houses within this neighborhood are two-story buildings. According to the Sunnyvale Single Family Home Design Techniques, second-floor additions in neighborhoods with predominantly one-story homes should be designed to minimize the visual bulk of the structure. Design Technique SF-1 specifies that in predominantly one-story neighborhoods, the second-floor area should not exceed 35 percent of the first-floor area (including the garage). The project proposes a 33 percent second-to-first-floor ratio.
Additionally, the proposed home aligns with Design Technique RF-5, which recommends keeping first and second-floor eave heights at the same general height as adjacent homes to minimize the visual bulk of the new construction, and with Design Technique SF-3 which states that second-floor ceiling heights should be minimized. The proposed home adheres to the Single-Family Home Design Techniques by maintaining a nine-foot wall plate height on the first floor and eight feet on the second floor.
Appeal 3
1. Construction Dust:
The construction of the proposed project must adhere to Sunnyvale General Plan Policy (Environmental Management Element, Policy EM-11.10) which requires development projects to comply with construction best management practices (See Attachment 15), such as those in Bay Area Air Quality Management District’s basic construction mitigation measures. In addition, the Building Permit Plans must incorporate the Blueprint for a Clean Bay (See Attachment 16) which outlines specific measures to manage dust and debris on construction sites. The property owner and contractor are responsible for ensuring compliance with these requirements. If there are any deviations, members of the public can reach out to the City's One-Stop Permit Center during business hours to address concerns or complaints regarding dust during construction. For non-business hours, they can contact the non-emergency Public Safety line.
2. Construction Noise:
SMC restricts the construction time and noise. Per SMC Section 16.08.030, construction activity is allowed between seven a.m. to six p.m. Monday through Friday, and on Saturdays from eight a.m. to five p.m. No loud environmentally disruptive noises, such as air compressors without mufflers, continuously running motors or generators, loud playing musical instruments, radios, etc., will be allowed where such noises may be a nuisance to adjacent residential neighborhoods.
Applicant’s Response to the Appeals
The applicant provided a written response to the appeals which is include as Attachment 17.
ENVIRONMENTAL REVIEW
A Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Class 1 Categorical Exemptions include additions to the existing facilities or structures such as single-family residences.
Fiscal Impact
No fiscal impacts other than standard permit fees and construction taxes associated with the project.
Public Contact
At the time of preparation of the staff report, staff received one letter of opposition (See Attachment 12 for the Opposition Letter). Furthermore, staff received 16 letters in support of the proposed project (See Attachment 14 for Letters of Support).
Notice of Public Hearing, Staff Report and Agenda:
• Notice posted on the site
• Notices mailed to property owners and residents within 300 feet of the project site.
• Staff Report posted on the City of Sunnyvale’s website
• Agenda posted on the City’s official notice bulletin board
See Attachment 2 for the Vicinity and Noticing Map.
ALTERNATIVES
1. Deny the appeals and uphold the decision of the Director of Community Development to approve the Design Review Permit for the proposed addition to the existing single-family home based on the Recommended Findings for Approval in Attachment 3 and subject to the Conditions of Approval in Attachment 4.
2. Alternative 1 with modifications to the Findings for Approval and Conditions of Approval (presented by the Planning Commission).
3. Grant the appeals and deny the Design Review Permit for the proposed addition to the existing single-family home based upon the revised Findings for denial (presented by the Planning Commission).
4. Alternative 3 with modifications to the number of appeals granted based upon the revised Findings for denial (presented by the Planning Commission).
STAFF RECOMMENDATION
Recommendation
Alternative 1: Deny the appeals and uphold the decision of the Director of Community Development to approve the Design Review Permit for the proposed addition to the existing single-family home based upon the Recommended Findings for Approval in Attachment 3 and subject to the Conditions of Approval in Attachment 4.
Staff
Prepared by: Shila Bagley, Senior Planner
Approved by: Julia Klein, Principal Planner
ATTACHMENTS
1. Vicinity and Noticing Radius Map
2. Project Data Table
3. Recommended Findings for Approval
4. Recommended Conditions of Approval
5. Site and Architectural Drawings
6. Proposed Colors, Materials, and Architectural Details
7. Public Comments and Staff Responses
8. Design Review (PLNG-2023-0668) Approval Letter
9. Appeal Letter 1
10. Appeal Letter 2
11. Appeal Letter 3 with Supporting Documents
12. Letter of Opposition
13. Construction Dust Mitigation Petition
14. Letters of Support
15. Best Management Practices
16. Blueprint for a Clean Bay
17. Response to Appeals from Applicant