Inter-Departmental Correspondence





January 18, 2008


February 5, 2008


500-foot radius





Honorable Board of Supervisors



Lisa Grote, Director of Community Development



EXECUTIVE SUMMARY: Consideration of: (1) Zoning Text and Map Amendments to rezone a parcel from R-3/S-3 (Multi-Family Residential) to PUD (Planned Unit Development); (2) adoption of ordinances to change the subject parcel’s zoning designation from R-3/S-3 to PUD 132, and to enact the PUD 132 regulations; (3) a Major Subdivision; (4) exceptions to the Subdivision Regulations; and (5) certification of a Mitigated Negative Declaration, to subdivide an 11,761 sq. ft. parcel to create a 6-unit townhome development, at 301 Sixth Avenue in unincorporated North Fair Oaks.




Approve the proposed Zoning Text and Map Amendments, Major Subdivision and exceptions to the Subdivision Regulations, and certify the Mitigated Negative Declaration by adopting the required findings and conditions of approval.


Adopt the ordinance to change the subject parcel’s zoning designation from R-3/S-3 (Multi-Family Residential) to PUD (Planned-Unit Development) 132.


Adopt the ordinance to enact, applicable only to the subject parcel, the PUD (Planned-Unit Development) 132 regulations.



Commitment: The proposed project keeps the commitment of “Offering a full range of housing choices.”

Goal 9 states: “Housing exists for people at all income levels and for all generations of families.” The proposed project will provide six units of housing, including one designated affordable unit.


Commitment: The proposed project keeps the commitment of “Redesigning our urban environment to increase vitality, expand variety and reduce congestion.”

Goal 11 states: “New housing is clustered with jobs and commercial services along transportation corridors.” The proposed residential project will be located one block from Middlefield Road. Middlefield Road is an employment area with commercial services and is a transportation corridor served by SamTrans bus service.



Proposal: The applicant is proposing to rezone the project parcel from R-3/S-3 (Multi-Family Residential) to PUD (Planned Unit Development), in order to subdivide the parcel into lots that are smaller than the normally required 5,000 sq. ft. If approved, the proposed PUD rezoning will allow for the construction of six residential units on lots ranging in size from 1,250 sq. ft. to 1,563 sq. ft. The proposed PUD zoning will also allow for reduced side setbacks between each new parcel. Setbacks to external property lines will conform to the S-3 District standards. The applicant is proposing to construct townhomes with common walls between them. Development will consist of two buildings: Building A will contain four 4-bedroom units; Building B will contain one 4-bedroom unit and one 2-bedroom unit. Each unit will have a 2-car garage accessible via a common driveway between the two buildings.


Planning Commission Action: The Commission recommended approval of this project. However, the Commission asked that the applicant explore the feasibility of installing solar panels on the roof of the project prior to seeking approval from the Board of Supervisors. The applicant’s analysis concludes that there are limited locations for adding solar panels to the roof of the buildings, and that the cost would be significant.



The PUD designation is necessary because the proposed parcels are less than 5,000 sq. ft. in size and because of the zero side yard setbacks between units within the project. In the analysis in Section A.3 of the staff report and at a public hearing with the Planning Commission, the Commission found the project, as conditioned, to be in compliance with the PUD findings. Because this proposal will create parcels that are less than 5,000 sq. ft. in size, an exception to the Subdivision Regulations must also be granted, as discussed under Section A.5 of this report. Staff has analyzed the proposal and the Planning Commission found it to be in compliance with the General Plan, as discussed in Section A.1 of the staff report. In addition, because this project is creating more than five residential units, it is subject to the County’s Inclusionary Housing Ordinance. This ordinance requires all such developments to set aside 20% of the units for sale for low or moderate-income households. The applicant is aware of this requirement and has agreed with it, which is discussed under Section A.7 of this report.



The development should provide the County with some additional property tax revenue once completed. This is further discussed in the Fiscal Impact Section at the end of the staff report.