REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on a 0.40-acre site:
SPECIAL DEVELOPMENT PERMIT: to allow demolition of an existing one-story single-family residence and construct eight three-story townhomes.
TENTATIVE MAP: to subdivide the parcel into eight lots plus a common lot.
Location: 444 Old San Francisco Road (APN: 211-01-031)
File #: 2020-7112
Zoning: R-4/PD (High Density Residential/Planned Development Combining District)
Applicant / Owner: Silicon Valley Wzredwood Capital LLC (Applicant/Owner)
Environmental Review: A Class 32 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions.
Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: High Density Residential
Existing Site Conditions: One-story single-family residence
Surrounding Land Uses
North: Medical offices across Old San Francisco Road
South: Two-story senior housing development
East: Two-story senior housing development
West: Shopping center across Cezanne Drive
Issues: Consistency with the City’s High Density Residential Design Guidelines and deviations from development standards.
Staff Recommendation: Approve the Special Development Permit and Tentative Map with the Recommended Findings in Attachment 3 and Conditions of Approval in Attachment 4.
BACKGROUND
Description of Proposed Project
The 0.40-acre site at the southeast corner of Old San Francisco Road and Cezanne Drive is currently developed with a one-story single-family home. The project consists of demolishing the existing single-family home, constructing eight townhomes within a three-story building, and associated site and off-site improvements.
A Special Development Permit (SDP) is required for new construction within a Planned Development combining district. The Planning Commission may allow deviations to certain development standards with the SDP. The applicant is requesting deviations from minimum front yard setback and usable open space requirements. The SDP Findings are discussed in Attachment 3.
A Tentative Map is required to create eight lots for individual ownership and one common lot. The Recommended Conditions of Approval are listed in Attachment 4.
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
The existing single-family home was built in 1950. A series of additions and modifications were built during the 1960s. Tree removal permits make up other recent actions onsite.
The applicant filed an SB 330 preliminary application (PLNG-2023-0408) for the site’s redevelopment, including eight residential units and related improvements on June 9, 2023. Per state law, the application is only subject to the City’s fees, ordinances, policies, and standards adopted and in effect at that time. For example, the project is not subject to the updated General Plan noise and air quality standards effective on July 25, 2023, and the Citywide Objective Design Standards for Multi-Family Residential and Mixed-Used Developments that went into effect on June 27, 2023.
State Housing Legislation
The applicant is utilizing state law, including the Housing Accountability Act (HAA) and Senate Bill (SB) 330. Together, these laws allow residential development throughout the City based on General Plan designations, even if the zoning has not been updated with residential development standards. These laws also limit the circumstances to deny a housing development project that is consistent with applicable “objective standards” and permit the applicant to propose modifications to applicable standards in exchange for affordable units. The HAA defines “objective” to mean, “involving no personal or subjective judgement by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and public official.”
The applicant is not proposing any affordable housing units (see Below Market Rate Units discussion section) and therefore is not entitled to any density bonus units, waivers, incentives, or concessions under the California Density Bonus Law.
EXISTING POLICY
General Plan Goals and Policies: Key goals and policies from the General Plan Land Use and Transportation Element (LUTE) and Housing Element which pertain to the proposed project are provided in Attachment 3.
Applicable Design Guidelines: The High-Density Residential Design Guidelines provide site layout and architectural recommendations and are referenced in the discussion below and in Attachment 3. These guidelines were superseded by the Citywide Objective Design Standards for Multi-Family Residential and Mixed-Use Developments on June 27, 2023, but the project is not subject to them because a SB 330 preliminary application was filed before the effective date of the new standards.
ENVIRONMENTAL REVIEW
The Class 32 Categorical Exemption (CEQA Guidelines Section 15332) relieves this project from California Environmental Quality Act (CEQA) provisions. Class 32 Categorical Exemptions include infill developments that are:
• Consistent with the General Plan and Zoning Code;
• Within city limits on sites that are no more than five acres;
• Not on sites that include habitats for endangered, rare or threatened species;
• Not having a significant effect on traffic, noise, air quality or water quality; and
• On sites that are adequately served by utilities and public services.
• In addition, none of the factors listed in CEQA Guidelines Section 15300.2 apply to the project that would preclude use of a categorical exemption. Although the existing home is a custom-built home over 50 years old, it has been determined not to be a historic resource.
See Attachment 3 for CEQA Class 32 findings and Attachment 8 for Historical Resource Evaluation.
DISCUSSION
Present Site Conditions
The subject property is located at the southeast corner of Old San Francisco Road and Cezanne Drive. The surrounding neighborhood has an eclectic mix of residential, commercial, office, and quasi-public uses. The site is adjacent to a two-story senior housing development (Life’s Garden). The nearest portion of the neighboring property consists of driveways and surface parking areas. Access to the subject site is through a driveway on the Old San Francisco Road frontage.
Density
The maximum zoning density is 36 dwelling units per acre (du/ac), resulting in 13 units for the project site. The applicant proposes eight units, which is 62 percent of the maximum allowable density. General Plan Policy HE-4.3 requires that new development build at least 75 percent of the maximum allowable zoning density unless an exception is granted by the City Council. The proposed density is one unit less than the 75 percent needed, however given the site constraints and provision of ownership housing, staff finds the one-unit shortfall to be negligible and consistent with the intent of the policy.
Site Design and Layout
The proposed project layout consists of a U-shaped three-story building with a 20-foot-wide driveway access from Cezanne Drive. The existing curb cut on Old San Francisco Road would be closed. Each unit includes three bedrooms and an attached two-car garage. There are four centrally located unassigned parking spaces. The residential units range from 2,390 to 2,593 square feet with an average of 2,033 square feet. The central drive aisle provides vehicular access to individual garages. Internal walkways seamlessly connect each unit to the public sidewalk. The applicant proposes common open space along the site’s southeast corner and additional landscaping along the perimeter.
Additionally, the project includes sidewalk widening and improvements. To facilitate this, a four-foot-wide street dedication is proposed along Cezanne Drive, allowing creation of a ten-foot-wide sidewalk. The dedication reduces the net lot area of the site from 18,590 square feet to 17,612 square feet.
Architecture
The proposed architectural style can be categorized as Contemporary, with modern elements and simple geometric forms. The three-story, townhome-style building utilizes a mix of gable and shed roofs, varying wall planes with a combination of stucco and siding and standing seam metal roofing. Double-hung and fixed windows fenestrate the building facades. Steel entry doors and garage doors complement the proposed architectural style. The street-facing units have individual stoops that provide direct pedestrian connections to the sidewalk. Three-foot high patio walls help define the private open spaces along the site periphery.
Staff finds the proposed site layout and architecture are consistent with the City’s High-Density Residential Design Guidelines. The applicable guidelines are referenced in Attachment 3.
Development Standards
The project complies with most applicable development standards, including lot coverage, setbacks, parking, landscaping, and lockable storage. The project data table in Attachment 2 summarizes the project’s compliance with the development standards.
The applicant has requested deviations from the minimum front yard setback and usable open space requirements. See Attachment 6 for the applicant’s Special Development Permit justification and Attachment 3 for the required Findings.
Front Yard Setback
The applicant proposes front yard setbacks of 9’-6” along Old San Francisco Road and 13’-8” along Cezanne Drive, while the minimum required front setback is 20 feet per Sunnyvale Municipal Code (SMC) Table 19.34.030. Moreover, an additional front yard setback is required for each story above the second story for residential developments in R-4 zoning districts. This setback requirement consists of the 20-foot front yard setback plus one-half of the front wall height (five feet) of the additional story above the second story, resulting in a minimum requirement of 25 feet. The proposed setback of the third story is 12’-6” along Old San Francisco Road and 15’-8” along Cezanne Drive.
The applicant states the deviation allows site design functionality and enables development of the proposed number of residential units. The applicant also believes the deviation helps the project meet other development standards including side and rear yard setbacks and the solar access requirement.
Staff believes the requested deviation is reasonable because of the unique rhombus-shaped site configuration, which is characterized by large street frontages. The closest part of the building along Old San Francisco Road has a front yard setback of 9’-6” but the majority of the building is setback greater distances, up to 24’-6”. The strict application of the front setback requirement can constrain the applicant’s ability to meet other development standards, including landscaping and setbacks from the neighboring property. Furthermore, the incorporation of a three-foot recess for the second and third floors meets the intent of the additional setback requirement for upper stories by reducing the apparent visual mass along the street frontage.
Usable Open Space
The project proposes 334 square feet of usable open space per unit, where 380 square feet is the minimum required. Additionally, a minimum of 80 square feet of private usable open space is required per unit within the R-4 zoning district. This requirement is not met because the proposed 200 to 400-square foot private patios are located within the front yard. Per SMC Section 19.37.100, this project is not eligible to count front yard useable open space towards the requirements because a front yard setback deviation is requested.
The applicant explains that the deviation is unavoidable due to the corner lot configuration where the front yard is the primary location of the useable open space. The applicant believes the intent of the requirement is met as adequate functional open space is provided for each unit.
The requested deviation is reasonable due to the site constraints where usable open spaces could be located. Moreover, if the private patio areas were counted, the project would exceed the combined usable open space requirement by providing 496 square feet of usable open space per unit.
Noise
The General Plan’s Safety and Noise Element includes standards for exterior noise for residential uses, categorized as normally acceptable, conditionally acceptable, or unacceptable. The applicant’s acoustical consultant prepared a noise study (Attachment 7), which found the noise levels along the street frontages to be between 64 to 66 Ldn (average day and night noise levels), which falls within the conditionally acceptable range of 60 to 75 Ldn. Traffic noise from Cezanne Drive, Old San Francisco Road, and El Camino Real, is the primary noise source.
The General Plan allows consideration of conditionally acceptable noise levels only after a detailed analysis of the noise reduction requirements, including incorporation of needed noise insulation features in the project design. To meet acceptable levels (up to 60 Ldn), the noise study suggests installing a six-foot solid fence all along the street frontage. Staff supports permitting conditionally acceptable noise levels as implementing a tall solid fence along the frontage will negatively impact the streetscape and pedestrian experience.
Parking
The project meets SMC parking requirements by proposing two-car garages for each unit and providing four unassigned parking spaces for guest use. Four units include tandem garages, which is within the 50% maximum permitted by SMC Section 19.46.060. The enclosed two-car garages also satisfy the secured bicycle parking and lockable storage requirements.
Landscaping and Tree Preservation, Removal and Replacement
The project exceeds the minimum total site landscaped area requirement by providing 4,799 square feet of landscaping (27% of the site), where 3,523 square feet is required (20% of the site). The provided landscaping per dwelling unit is 591 square feet, where 375 square feet is required. The conceptual landscaping plan includes planting of trees, shrubs, and ground cover along the site's periphery and common useable open areas.
The applicant provided an arborist report which evaluated the health and disposition of all six trees onsite and in the public right-of-way. All the existing trees are considered "protected" per SMC Chapter 19.94 (38 inches or greater circumference as measured at 4.5 feet above grade). The applicant proposes to remove five existing trees because of poor health and conflict with the footprint of the proposed development.
Protected trees are required to be replaced per the City's Tree Replacement Standards. The applicant proposes eight new trees, including three 24-inch box trees and five 48-inch box trees, which exceed replacement standards. Six new Brisbane Box trees are also proposed in the public right-of-way.
Solid Waste and Recycling Access
The project includes single-family solid waste and recycling service, with individual carts to be staged onsite during collection. Consistent with the Design Guidelines for Recycling, Organics and Solid Waste Services, an additional fifty square area has been provided within the garages to accommodate the storage of these individual carts. The applicant has worked with Environmental Services and Public Works Department staff to determine that the project satisfies applicable requirements.
Neighborhood Compatibility
The project meets most development standards and provides for residential units consistent with the allowable density. The project site is in a neighborhood comprised of two- and three-story residential and non-residential developments. The neighboring senior housing development’s closest portion to the subject site consists of a driveway and surface parking lot. Moreover, the nearest adjacent building on the senior housing development is located over 60 feet from the shared property line. The ample distance helps to minimize the project’s potential visual and privacy impacts on the neighboring property. Overall, staff finds the project is well-designed and compatible with the scale and character of the surrounding neighborhood.
Below Market Rate Units
According to SMC Section 19.67.050, the project requires at least 1.2 Below Market Rate (BMR) units. Utilizing SMC Section 19.67.100, the applicant is intending on requesting payment of an in-lieu fee to satisfy the BMR requirement. The request for an Alternative Compliance Plan can only be considered after approval of the planning application and is subject to the Housing and Human Services Commission’s review and recommendation and approval by the City Council (see Condition BP-9, Attachment 4).
Fiscal Impact
The project is subject to payment of a park in-lieu fee and transportation impact fee. School impact fees must also be paid to the Sunnyvale School District and Fremont Union High School District. Other standard fees and taxes apply.
Public Contact
Public contact was made by posting the Planning Commission meeting agenda on the City's official notice bulletin board at City Hall. 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 regular business hours) and on the City's website.
1,479 notices were sent to surrounding property owners and residents within 1,000 feet of the subject site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. As of the date of staff report production, staff has not received any letters, emails or calls from the public.
Neighborhood Outreach Meeting
The applicant held a community outreach meeting on March 16, 2023, and notified property owners and residents within 1,000 feet of the site. The meeting was held virtually, and five community members attended the meeting. Most of the participants expressed support for the project. There were questions raised regarding the construction timeframe and shared fence with the adjacent senior housing development. A participant also expressed concern about the flatness and lack of articulation for the south elevation (facing the senior housing development).
Planning Commission Study Session
On April 10, 2023, the Planning Commission reviewed the project at a study session with the following comments:
• The south elevation appears flat;
• Make the entries more defined;
• Enhance the area around the driveway;
• Have a distinct color scheme from the neighboring development; and
• Explore feasibility of installing solar collectors on standing metal seam roofs
The applicant made some improvements to the project design to address the comments. The applicant incorporated balconies with cement board finish to add depth, shadow, and architectural interest to help articulate the south elevation. The applicant also added porches and colored entry doors to enhance the entries. The applicant increased the landscape buffer between the driveway and the building. The applicant still believes that the proposed color scheme is harmonious with the surrounding development. The City's Building Division confirmed the feasibility of installing solar collectors for standing metal seam roofs.
ALTERNATIVES
1. Make the required Findings to approve the CEQA determination that the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 as noted in Attachment 3 and approve the Special Development Permit and Tentative Map subject to the Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4.
2. Make the required Findings to approve the CEQA determination that the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 as noted in Attachment 3 and approve the Special Development Permit and Tentative Map subject to the Findings in Attachment 3 with modified Conditions of Approval in Attachment 4.
3. Do not make the required findings and direct staff where changes should be made.
4. Deny the project.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Make the required Findings to approve the CEQA determination that the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 as noted in Attachment 3 and approve the Special Development Permit and Tentative Map subject to the Findings in Attachment 3 and recommended Conditions of Approval in Attachment 4.
The proposed project furthers the goals and objectives of the General Plan by providing eight ownership units. The proposal substantially complies with General Plan policy HE-4.3 requiring new development to build at least 75 percent of the maximum zoning density. The project demonstrates compliance with the applicable High-Density Residential Design Guidelines and blends with the scale and character of the surrounding neighborhood. The requested deviations for the reduced front yard setback and usable open space are reasonable and not anticipated to negatively affect adjacent properties. The applicant requests to pay the in-lieu fee for the required 1.2 Below Market Rate (BMR) units to meet the City’s BMR ordinance requirements, which will be subject to final approval by the City Council.
Staff
Prepared by: Aastha Vashist, Senior Planner
Reviewed by: George Schroeder, Principal Planner
Approved by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Vicinity and Noticing Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. Site and Architectural Plans
6. Applicant’s Project Justification Letter
7. Noise Assessment Study
8. Historical Resource Evaluation