Density Bonus Waivers for 1655 S. De Anza Boulevard
The applicant has requested the following 11 waivers:
1. Maximum Floor Area (CMC 19.46.070(B))
Townhome Building Development Regulations set a maximum floor area ratio (FAR) of
8.5:1.0, or 85% of the proposed net lot size. The proposed FAR is 163% of the net lot area, nearly twice the allowable FAR of the TH zoning district. The applicant states that imposing the 85% FAR restriction on the site for which waivers have been requested would result in the loss of 17 units, nearly half of the 35 units proposed.
2. 30-Foot Height Limitation (General Plan Figure LU-2) The General Plan Community Form Diagram in General Plan Figure LU-2 requires that developments in the South De Anza Special Area be limited to a maximum height of 30 feet, while the South Sunnyvale-Saratoga Conceptual Plan limits building heights to 40 feet. CMC section 19.46.070 Townhome (TH) Development Standards has a maximum building height of 30 feet. Accordingly, the applicant has requested a waiver for all five buildings to increase the maximum building height allowed for the townhouse buildings, as follows:
Building No. Total Building Height
(to 4th Story Penthouse)
Bldg. 1 43’-9”
Bldg. 2 43’-9”
Bldg. 3 44’-9”
Bldg. 4 44’-9”
Bldg. 5 44’-9”
The applicant states that imposing building heights for which waivers have been requested would result in changing the height and design of the buildings, resulting in the removal of all third floors and private open space in the form of rooftop decks, which is not consistent with the project, as it is proposed.
3. Three Story Height Limitation (COA 18)(a) of S. Sunnyvale-Saratoga Conceptual Plan and CMC section 19.46.070
Both the South Sunnyvale-Saratoga Conceptual Plan and CMC section 19.46.070 Townhome (TH) Development Standards limit building heights to three stories. The applicant has requested a waiver for all five buildings to increase the maximum number of stories from three to four. The fourth floor of each building will consist of the rooftop deck and, for some units, small storage areas.
The applicant states that imposing building heights and building story limits for which waivers have been requested would result in changing the height and design of the buildings. This would result in the removal of all private open space in the form of rooftop decks, which is not consistent with the project, as it is proposed.
4. Front Setback (CMC 19.36.070(C)(1)) Project with Five of More Units The R-3 Zoning District regulations require that developments have a minimum front setback of 35 feet from the face of the street curb if the project site abuts an arterial street or major collector and 20 feet from the property line if the project site abuts any other street. Buildings 2 and 4 front S. De Anza Boulevard, which is a major collector street per Figure M-2 of the City’s Mobility Element. The following table indicates the required setback and the proposed setbacks for the two buildings for which waivers are requested:
Buildings Required Front Setback Proposed Front Setback 2 & 4 35’ from face of curb 27’-5” from face of curb
5* 20’ from property line* 7’-6” from property line*
* The plans apply a street-side setback along Prospect Road. Street side setbacks only apply to corner lots, which this property is not. As a result, the requested waiver has been re-assigned to be a front setback waiver along Prospect Road.
The applicant states that imposing the front setback requirements would result in the elimination of units, reduced floor areas of the remaining units, or a substantial change to the design of the buildings, which is not consistent with the project, as it is proposed.
5. Design Requirements (CMC 19.46.070(F)(1))
The Municipal Code requires that new developments select at least two design features from the three outlined below. The project complies with one requirement for a front architectural feature; however, it does not meet the requirements for either a stairway with a minimum of three steps or a pitched roof with a minimum slope of 3:12. a. Front Architectural Feature (e.g., stoop, front porch). b. Stairway with at least three stairs leading to the front entrance. c. Pitched roof with a slope of at least 3:12.
Absent of this waiver, incorporating the standards above would require a substantial change to the design of Buildings 2, 4 and 5, which is not consistent with the project, as it is proposed.
6. Site & Building Design (COA 17) of S. Sunnyvale-Saratoga Conceptual Zoning Plan COA 17 of the South Sunnyvale-Saratoga Conceptual Zoning Plan requires that developments provide a 20’ landscape buffer between parking lots and existing singlefamily development. The nearest uncovered parking stall on site is located 190 feet away from the westerly property line, the property line shared with a single-family neighborhood. However, the proposed drive aisle is located immediately adjacent to this property line.
Additionally, COA 17 requires that buildings be placed contiguous to the required landscape buffer outlined in COA 19 below to minimize privacy intrusion into adjoining rear yards of single-family homes. The project has been designed to address potential privacy concerns by retaining the existing mature landscape specimens along the westerly property line and by providing additional privacy planting. However, the project does not fully meet COA 19 Site & Design Standards for landscape buffer, as described below, and is therefore not consistent with this requirement.
The applicant states that imposing the landscape buffer would result in the elimination of units, reduced floor areas of units, or a substantial change to the design of the buildings and site circulation which is not consistent with the project, as it is proposed.
7. Landscape Requirements (COA 19(d)) of S. Sunnyvale-Saratoga Conceptual Zoning Plan
The South Sunnyvale-Saratoga Conceptual Zoning Plan requires that developments provide a 15-20’ landscape buffer between new buildings and existing single-family residential areas to minimize privacy intrusion into adjoining rear yards of single-family homes. The project has been designed to address potential privacy concerns by retaining the existing mature landscape along the westerly property line and by providing additional privacy planting. However, the project does not fully meet COA 19(d) Landscape Requirements for landscape buffer as outlined in the chart below:
Building Required
Landscape Buffer
Proposed
Landscape Buffer
Building Setback from
Westerly Property Line
1 15-20 Feet 5 Feet 46.5’
3 15-20 Feet 5 Feet 46.5’
5 15-20 Feet 9 Feet 36’
The applicant states that imposing the landscape buffer would result in the elimination of units, the reduced floor areas of units, or substantial changes to the design of the buildings and site circulation, which is not consistent with the project, as it is proposed.
8. Building [Step Back] Height (COA 18) of S. Sunnyvale-Saratoga Conceptual Zoning Plan
The South Sunnyvale-Saratoga Conceptual Zoning Plan requires a 50-foot setback for third floor portions of buildings. The following table indicates the required vs proposed setbacks for the three buildings for which waivers are requested:
Building
Required Third
Floor Setback
(waiver)
Proposed Building
Setback from Westerly
Property Line
1 & 3 50 Feet 46.5’
5 50 Feet 34’
According to the applicant, absent this waiver, applying these setbacks to the project would result in the loss of nine units and/or a substantial change to the design of the buildings.
9. Landscape Requirements (COA 19 (a) and (c)) of S. Sunnyvale-Saratoga Conceptual Zoning Plan
The South Sunnyvale-Saratoga Conceptual Zoning Plan requires new development to provide landscaped setback areas adjacent to the public right-of-way. While the project has been designed to provide landscaped areas adjacent to the public rights-of-way, these do not meet the required depth outlined in COA 19 of the plan.
Building Required Landscape Setback
(measured from face of curb)
Proposed Landscape Setback
(measured from face of curb)
2 & 4 35-50 Feet (S. De Anza Blvd.) 27.4 Feet
5 25 Feet (Prospect Road) 20.6 Feet
The applicant has requested a waiver to allow for a reduced landscape setback area for Buildings 2, 4, and 5. Like the preceding setback waivers, the applicant states that adhering to this requirement would result in the elimination of units, reduced floor areas, or a substantial change to the design of the buildings, which is not consistent with the project as it is proposed.
10. Public Improvements (CAO 24(c)) S. Sunnyvale-Saratoga Conceptual Zoning Plan The applicant seeks a waiver from the 10- to 15-foot landscape parkway strip required on S. De Anza Boulevard. The following table indicates the required setbacks and the proposed setbacks for minimum parkway width for which waiver is request:
Required Landscape Parkway
(measured from face of curb)
Proposed Landscape Parkway
(measured from face of curb)
10-15 Feet 8 Feet
The application of this setback standard would result in the redesign of the project as currently proposed. Moreover, providing a wider parkway would require increasing the right-of-way dedication on site, resulting in the shifting of bioretention basins, the public sidewalk and safety vision triangle locations further west of the site. The shifting of the biorientation basins would conflict with the proposed building footprints and would result in reduced floor areas of units 14 and 28 and require substantial change to the design of Buildings 2 and 4. Furthermore, the shifting of the vision triangle would directly conflict with the proposed public art location and three-foot height limitation for structures within the safety vision triangle.
11. Building Planes Maintained Under a 1:1 Slope Line (General Plan, Figure LU-2) The General Plan requires that new developments maintain the building(s) below a 1:1 slope line drawn from the arterial/boulevard curb line. The applicant is requesting a waiver from this standard for buildings 2 and 4. The project, as designed, does not comply with the 1:1 slope line. The project will need a waiver from this. Imposing this requirement would result in the elimination of the roof deck and fourth-story penthouse access and cause a substantial re-design of the project.