REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on a Rezoning and Minor Modification at 554 Saratoga Avenue
Report
BACKGROUND
On March 9, 2018, Jane Armstrong, filed an application to rezone an 8,500 square foot property located at the northwest corner of Scott Boulevard and Saratoga Avenue from Professional Office (OA) to Single Family Zoning District (R1-6L) in order to allow residential use of the property. The existing OA Zoning District does not allow single-family residential dwellings as a permitted or conditional use under Santa Clara City Code Chapter 18.30.
The site is occupied by an existing 1,651 square foot one-story office building constructed in 1976. A single-family residential neighborhood is immediately adjacent to the north of the site. Diagonally from the project site is a professional office building and east of the site is a recently constructed condominium development
The existing building on the site is situated with a 16 foot 3 inch front yard setback and four foot and nine inches interior side yard setback. Because the minimum front yard setback of the R1-6L District is 20 feet and the interior side yard is five feet, the proposed rezoning would also require approval of a Minor Modification, normally processed as an administrative action. In this case the Minor Modification is scheduled for City Council action to coincide with the proposed rezoning.
DISCUSSION
The property owner has leased the property as an office since its original construction. Over the years, the tenants converted the floor plan to use the building as a mixed commercial and residential use with neither the benefit of a building permit nor the owner’s consent. No formal correction case was generated at this time because the applicant is proactively taking steps to bring the property into compliance with applicable City requirements, including the subject requests to rezone the property and an accompanying application for building permits.
The site is already developed with a structure located a distance of 16 feet, 3 inches from the front property line, four foot and nine inches from the interior side property line. Approval of the rezoning would create a nonconforming front and side yard setback because the rezoning action would increase the applicable zoning district’s required front setback to 20 feet and interior side yard to five feet as normally required in the R1-6L Zoning District. The City’s practice is to require issuance of a Variance or Minor Modification in cases where an action initiated by the property owner, such as the requested rezoning, would result in a non-conforming situation. The deficiency of two feet and six inches is within the scope of variation from the Zoning Code that may be approved by the Zoning Administrator with a Minor Modification.
General Plan and Zoning Compliance:
The General Plan land use designation for the subject property is Community Mixed-Use (CMU) and existing zoning district is Professional Office (OA). The project data, aerial map, zoning map, and General Plan map are provided in the attached Project Data Sheet.
The CMU designation is intended to blend the Community Commercial and Medium Density Residential designations to encourage a mix of residential and commercial uses along major streets. However, the General Plan’s Mixed Use Land Use Goals and Policies section 5.3.4-P17 allows properties under a half acre in size with a CMU designation to be developed entirely as residential uses at the required density range in order to facilitate development on smaller lots. Even after applying Discretionary Use Policy section 5.5.1-P1, which allows one density range lower for smaller residential property, the proposed project’s density at 5.2 dwelling units per acre is less than the 20-36 dwelling units per acre density range for Medium Density Residential and 8-19 dwelling units per acre density range for Low Density Residential. The subject site, however, is immediately adjacent to single-family residences on the two adjoining properties and one parcel on a block that is otherwise developed as a single-family residential neighborhood. The property has an existing building that appears similar in appearance and character as other single-family houses in the neighborhood. Given its similarities in scale and character of the single-family neighborhood, the proposed single-family home is consistent with other General Plan Transitional Goals and Policies that focus on preserving neighborhood identity, ensuring continuity in design, and providing an appropriate transition between existing land uses. These goals and policies include:
Goal 5.5.2-G2: Preservation of the character of individual neighborhoods.
Goal 5.5.2-G3: New development that is compatible with adjacent existing and planned residential neighborhoods.
Policy 5.5.2-P5: Require that new development provide an appropriate transition to surrounding neighborhoods.
Policy 5.5.2-P6: Adjust new building height, scale and massing along the site perimeter abutting planned lower‐ intensity uses.
The proposed rezoning would implement these policies and promote the long-term maintenance of a use of the subject property consistent with adjoining properties.
The proposed rezoning was reviewed for consistency with the criteria for rezoning actions established within the City’s Zoning Code. For this review it was determined that the existing zoning is inappropriate or inequitable in that, the existing zoning for the project site does not allow single-family residential dwelling as a permitted or conditional use under the Santa Clara City Code (“SCCC”) Chapter 18.30. The proposed zone change will conserve property values, protect or improve the existing character and stability of the area in question, in that the existing building looks like a single-family home within a neighborhood surrounded by mostly single family residences. The proposed zone change is required by public necessity, public convenience, or the general welfare of the City, in that the proposed zone change provides a new residential development that is consistent with policies of the General Plan that allow smaller lots of less than half an acre in size to be developed entirely as a residential use to maintain the neighborhood compatibility with surrounding land uses. The rezoning shall not, under the circumstances of the particular case, materially affect adversely the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood of the applicant’s property, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood, in that the proposal would create a single-story dwelling that is compatible with the City’s Single-Family and Duplex Design Guidelines.
The rezoning of the site would create a nonconforming front and side yard setback that is within the 25 percent deviation from the standard that can be granted by the Zoning Administrator Minor Modification pursuant to SCCC Section 18.90.020, subject to the same findings as a Variance set forth in SCCC Section 18.108.040. The findings include that there are unusual conditions applying to the land or building which do not apply generally in the same district. Should the Planning Commission recommend approval and Council approve the rezone, the property would automatically lack the 20 feet front yard and five feet interior side yard setback without alteration to the land or building. This hardship effect would apply to the building setback which does not apply generally in the same zoning district, thereby supporting concurrent issuance of the Minor Modification.
Approval of the proposed rezoning and Minor Modification will be necessary for the preservation and enjoyment of property, and would not adversely affect the general welfare of the people residing in this neighborhood. The existing building and the proposed single-family use would be compatible in density and character with the surrounding neighborhood.
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Section 15303, new construction or conversion of small structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On June 1, 2018, a notice of public hearing of this item was posted in at least three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. Planning Staff has not received public comments for this application.
ALTERNATIVES
1. Recommend to City Council approval of the rezoning of the property at 554 Saratoga Avenue from Professional Office (OA) to Single Family Zoning District (R1-6L) and grant a Minor Modification to allow a reduced front yard setback of 17 feet, 6 inches and interior side yard setback of four feet and nine inches; or
2. Recommend to City Council denial of the proposed rezoning of the property at 554 Saratoga Avenue from Professional Office (OA) to Single Family Zoning District (R1-6L)
RECOMMENDATION
Recommendation
1. Recommend to City Council approval of the rezoning of the property at 554 Saratoga Avenue from Professional Office (OA) to Single Family Zoning District (R1-6L) and grant a Minor Modification to allow a reduced front yard setback of 17 feet, 6 inches and interior side yard setback of four feet and nine inches.
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Resolution to Recommend Approval of the Rezoning
2. Conditions of Rezoning Approval
3. Project Data Sheet
4. Letter of Intent to Rezone
5. Development Plans