Legislative Public Meetings

File #: 17-0985   
Type: Report to Board/Commission Status: Passed
Meeting Body: Planning Commission
On agenda: 1/8/2018
Title: CONTINUED FROM NOVEMBER 27, 2017, PUBLIC HEARING File #: 2017-7395 Location: 485 E. Mc Kinley Avenue (APN:209-11-047) Zoning: R-2/PD Proposed Project: Related applications for a 7,500-square foot (0.17 acre) site: DESIGN REVIEW: To allow construction of two new 2-story, single-family homes (1,968 s.f. and 2,442 s.f. in size) resulting in a combined 57.5 percent Floor Area Ratio (FAR) for the site; TENTATIVE MAP: To subdivide one parcel into two lots. Applicant / Owner: 487 E. Mc Kinley LLC (applicant and owner) Environmental Review: Categorically Exempt Class 3 (15303 - New construction and conversion of small structures) Project Planner: Sh?tal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov
Attachments: 1. Site, Vicinity and Noticing Map, 2. Project Data Table, 3. Recommended Findings, 4. Recommended Conditions of Approval, 5. Neighborhood FAR Information, 6. Prior Approved Plans, 7. Proposed Site and Architectural Plans
REPORT TO PLANNING COMMISSION

SUBJECT
Title
CONTINUED FROM NOVEMBER 27, 2017, PUBLIC HEARING
File #: 2017-7395
Location: 485 E. Mc Kinley Avenue (APN:209-11-047)
Zoning: R-2/PD
Proposed Project: Related applications for a 7,500-square foot (0.17 acre) site:
DESIGN REVIEW: To allow construction of two new 2-story, single-family homes (1,968 s.f. and 2,442 s.f. in size) resulting in a combined 57.5 percent Floor Area Ratio (FAR) for the site;
TENTATIVE MAP: To subdivide one parcel into two lots.
Applicant / Owner: 487 E. Mc Kinley LLC (applicant and owner)
Environmental Review: Categorically Exempt Class 3 (15303 - New construction and conversion of small structures)
Project Planner: Sh?tal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov

Report
REPORT IN BRIEF
General Plan: Low Medium Density Residential
Existing Site Conditions: Duplex
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential (across E. Mc Kinley Ave.)
East: Single Family Residential
West: Fourplex
Issues: Floor Area Ratio (FAR) and neighborhood compatibility
Staff Recommendation: Alternative 1: Approve the Special Development Permit and the Parcel Map subject to recommended conditions of approval in Attachment 4.

BACKGROUND
The project site is a 7,500 square- foot lot (0.17 acres) and is currently developed with a one-story structure that includes a home in the front and an attached second unit in the rear making it a duplex.

Previous Actions on the Site
In 2005, a project that included rezoning the property from R-2 to R-2/PD, subdividing the lot into two lots, and construction of two new 2-story Single Family homes was considered and approved by the Planning Commission (May, 2005) and the City Council (June, 2005). The prior two single family homes were proposed with 58 percent FAR (for the combined site), but were approved at 55 percent FAR (see attachment 6 for prior approved plans). The previous project was not built and the approved Tentative Map and the Special Development Permit have since expired. The rezoning with the Planned Development (PD) combining district continues to apply to the site, which is zoned R-2/PD.

Description of Proposed Project
The proposed project request is to subdivide the 7,500-square foot lot into two lots and construct two new 2-story Single Family Homes with an average FAR of 57.5% for the overall site (see Attachment 7 for current proposed plans). Following are the details for the individual two lots:

Lot
Lot Size
House size
FAR
Lot 1 (front)
2,947 s.f
1,873 s.f. (1,475 living area, 400 s.f. garage)

63.5%
Lot 2 (rear):
4,553 s.f
2,442 s.f. (2,042 living area, 400 s.f. garage)
53.6%


See Attachment 1 for a map of the vicinity and mailing area for notices, Attachment 2 for the Data Table of the project.

EXISTING POLICY
General Plan Goals and Policies: The following are key goals and policies from the Land Use and Transportation Chapter of the General Plan which pertains to the proposed project:

POLICY 62: Encourage the development of housing options with the goal that the majority of housing is owner-occupied.

The proposed project provides an ownership occupied housing option.

Applicable Design Guidelines: The City's Design Guidelines as noted in the Single-Family Home Design Techniques provide recommendations for site layout, architecture, and design. These guidelines are referenced in the discussion and analysis below.

ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt Class 3 (15303 - New construction and conversion of small structures). In urbanized areas, this exemption allows up to three single-family residences to be constructed or converted.

DISCUSSION
Present Site Conditions
The site is developed with a duplex that includes a one-story single family home in the front and a second attached unit in the rear.

Special Development Permit
Site Layout and Architecture
The subject lot is about 50 feet wide and 150 feet deep and 7,500 square feet in size. This lot is like other lots in this neighborhood which are narrow and deep. The proposed subdivision would divide the one lot into two and build two new homes with one home facing the public street and the second home in the rear portion of the site. The rear lot will be served by an access driveway on the west side of the front lot. The 'front' of the rear unit is not facing a street but faces the backyard of the front unit. Both homes have similar architectural styles with slightly different layouts and house sizes. The proposed architectural style has features of modern style architecture and ranch style homes found in the neighborhood. The modern style is reflected using a variety of exterior materials (stone, wood and stucco), with emphasis on horizontal lines (balcony railings, trellis-like extension above the garage) and changes in planes; while the ranch styled architecture is reflected using gable and hip roof design.

Floor Area Ratio (FAR)
The previously approved FAR for the combined site was 55 percent in 2005. The current proposal for the combined site results in 57.5 percent FAR. The FAR for the four-unit condominium complex adjacent on the west side of the site is 50.5 percent, another one three doors west of the site is at 51 percent. Other flag lot developments in the neighborhood range from 51- 60 percent FAR. The average FAR for the neighborhood is 39 percent because the neighborhood still has many older small homes (Attachment 5 - Neighborhood FAR Information).

The proposed 57.5 percent FAR is on the higher side for this neighborhood. Staff has determined that the appearance of the project from the street is minimized as the house fronting McKinley Avenue is 1,875 s.f. (the 93 square-foot front porch is exempt from FAR calculation) and is compatible in scale and size with other 2-story home(s) next door and in the neighborhood. This neighborhood has a mix of homes in terms of age, size and styles. Staff notes that the applicant has revised the proposal to address staff comments regarding scale, bulk and style compatibility. Staff determines that the project, as conditioned, is appropriate for this neighborhood.

Development Standards
The proposed project complies with most applicable development standards, as set forth in the Sunnyvale Municipal Code. The following key items are noted below:

Setbacks: The project meets most of the setbacks shared with neighboring properties on the three sides, but does not meet all the setback requirements between the two new lots. The setback deviations requested through the Planned Development (PD) zoning for the site are:
a. Front Unit (on Lot 1) - The minimum required 25 foot second story front setback (which includes the balcony railing) is requested to be reduced to 20 feet. The second story wall would be setback 25 feet. In order to support a deviation for the front setback, a finding needs to be made that the balcony design is a common/desired architectural feature in this neighborhood. Although the use of the front balcony could lessen the impact of the setback reduction, balconies are not a common feature in this neighborhood. Staff recommends the front setback be met and that if a balcony is desired it can be designed to meet the front 25-foot setback requirement (Condition of Approval PS-1).

b. Rear Unit (on Lot 2) - Second story sideyard setback (on the right side) is proposed at six feet six inches where a minimum of seven feet is required. This setback is shared with the neighboring property on the east and staff determines that this setback requirement should be met. This could be achieved by reducing the width of the second story by six inches. Staff has included a condition of approval to modify the proposal so that the second story meets the required 7-foot setback (Condition of Approval PS-1).

c. Rear Unit (on Lot 2) - The first and second story will meet the minimum required setbacks (as conditioned- 4 feet for first story and 7 feet for second story) but will not meet the required combined side yard setback of 10 feet for first-story (8 feet proposed) and 16 feet for the second story (14 feet proposed/conditioned). Staff determines this deviation is acceptable as it allows development of a reasonably sized home on a small lot with minimal impact on adjacent properties while maintaining minimum setbacks requirements.

d. Internal setbacks between the two properties: The home on Lot 2 shows a front setback at 14 feet 8 inches where 20 feet would be required; the home on Lot 1 has a portion of the rear yard at 3 feet where 20 feet would be required. The purpose of that design is to maximize the driveway for Lot 2. Staff supports these deviations as it allows the proposed front and rear unit layout design.

Lot Coverage: The proposed 2-story homes will have a combined 34% lot coverage (38% for Lot 1 and 30% for Lot 2) which is below the maximum 40% allowed for 2-story homes.

Useable Open Space: Both lots meet the minimum useable open space requirement of 500 square feet/unit. Lot 1 has a 520 square feet and Lot 2 has 1,000 square feet of backyards to meet this requirement.

Parking/Circulation: The home at the rear lot (Lot 2) is accessed by a shared driveway along the west side of the property. A shared curb-cut allows the large street tree on McKinley Avenue to be saved on the eastern portion of the site.

Although the site meets the parking standards by providing two covered and two uncovered parking spaces for each of the two homes, the turning space for the unenclosed parking spaces for the rear unit would difficult and would require several turns before a car can turn around and exit the site. Another option would be for a car to back-out all the way on the driveway, which is a not an uncommon practice for downtown homes. Since this driveway is narrow at only 10 feet width, additional room along this driveway would help the rear lot drivers. Staff has included a Condition of Approval to disallow a fence on the east side of the driveway between Lot 1 and 2 and include a 4-inch curb between the two lots to ensure that cars stay on the driveway and not damage structures (Condition of Approval PS -1). The common portion of the driveway will require recorded egress/ingress easements and maintenance requirements as a condition of approval.

Landscaping and Tree Preservation: The site has two protected trees: a Japanese Maple in the front yard and an Avocado tree in the back yard. Both these trees are proposed to be saved and incorporated in the yards of the new homes. The large street tree on Mc Kinley Avenue is proposed to be saved by reducing the width of the driveway curb-cut and a common driveway.

Solar Access: SMC 19.56.020 states that no permit shall be issued for any construction which would interfere with solar access by shading more than 10% of the roof of any structure on a nearby property. The project plans demonstrate that the shading would comply with this requirement (shades 1% of the roof area of the adjacent property's one-story structure on the west side).

Expected Impact on the Surrounding Neighborhood
The site is already developed with a duplex and no traffic impact is expected from the redevelopment of the site. Although the proposed new 2-story homes will visually change the site and the views of this site from the adjacent neighboring properties, there are several existing 2-story homes in the neighborhood and the new development is not considered out of character with the neighboring development. The surrounding neighborhood is eclectic with a mix of densities and house styles. It contains single family homes, duplexes and multi-family apartments and condominiums, includes one and two-story structures, and flag lots with front and rear units, and multi-unit developments with shared driveways.

Green Building Requirements
The project is required to meet Sunnyvale's Green Building standards by achieving a minimum of 80 points.

Easements
The project has one common access driveway between the two lots and an ingress egress easement shall be recorded for this portion of the site.

Parcel Map
The proposed Parcel Map subdivides the 7,500-square foot lot into two lots. The lots sizes proposed are 2,947 s.f. and 4,553 s.f. The proposed subdivision would create a flag shaped lot like those created in this neighborhood (427-429 E. Mc Kinley, 468-472 Bryan Ave.). Access to the rear unit would be provided through the driveway along the west side of the property. The minimum required lot size for the R-2 Zoning District is 8,000 s.f. with a minimum lot area of 3,600 s.f. per unit. A project less than the minimum lot size can be considered through a deviation as part of the Special Development Permit. The previous project was approved with that deviation. The intent of allowing two units on the property is met. Staff is supportive of this deviation that allows development of two ownership lots and meets a General Plan policy to encourage owner occupied housing.

FISCAL IMPACT
No fiscal impacts other than normal fees and taxes are expected. Since the proposal does not result in any net new dwelling units (existing duplex), the project is not required to pay Park In-lieu or Traffic Impact Fees.

PUBLIC CONTACT
Neighborhood Outreach Meeting
A neighborhood outreach meeting was hosted by the applicant, and attended by the project planner, at the project site, on September 27, 2017. This meeting was attended by six neighbors. They expressed interest in the project and inquired about the possibility, process and requirements of the City for potential redevelopment projects of their properties. They did not express any concerns on the proposed project.

Notice of Public Hearing
*?Published in the Sun newspaper
*?Posted on the site
*?88 notices mailed to property owners and residents within 300 feet of the project site

Staff Report
*?Posted on the City's website
*?Provided at the Reference Section of the City's Public Library

Agenda
*?Posted on the City's official notice bulletin board
*?Posted on the City's website

Public Contact: Staff has not received any correspondence or phone calls from neighbors at the time of writing of this report.

ALTERNATIVES
1. Approve the Special Development Permit and the Parcel Map subject to recommended conditions of approval in Attachment 4.
2. Approve the Special Development Permit and the Parcel Map subject to modified conditions of approval.
3. Deny the Special Development Permit and the Parcel Map and provide direction to staff and applicant on where changes should be made.

STAFF RECOMMENDATION
Recommendation
Alternative 1: Approve the Special Development Permit and the Parcel Map subject to recommended conditions of approval in Attachment 4.
Staff
Prepared by: Sh?tal Divatia, Senior Planner
Reviewed by: Gerri Caruso, Principal Planner
Approved by: Andrew Miner, Planning Officer

ATTACHMENTS
1. Site, Vicinity and Noticing Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. Neighborhood FAR Information
6. Prior approved plans
7. Proposed Site and Architectural Plans (Booklet for Planning Commission)