REPORT TO COUNCIL
SUBJECT
Title
Proposed Project:
Consideration of General Plan and Zoning Amendments Related to Study Issue CDD 23-02 - Consider General Plan Land Use Designation Amendments and Rezonings for 27 Sites with Legal Non-Conforming Single- and Two-Family Dwellings, Housing Element Program H45, and Land Use and Transportation Element (LUTE) Policy LT-14.5d:
1. Adopt a Resolution Amending the General Plan to:
a. Change the General Plan land use designation for the property at 591 South Murphy Avenue (APN 209-30-012) with a legal nonconforming single-family use, from El Camino Real Specific Plan to Low-Medium Density Residential, and remove the property from the El Camino Real Specific Plan area;
b. Change the General Plan land use designation for the properties at 260 North Pastoria Avenue (APN 165-27-003), 280 North Pastoria Avenue (APN 165-27-004), 286 North Pastoria Avenue (APN 165-27-005) and 290 North Pastoria Avenue (APN 165-27-006) with legal nonconforming residential uses, from Peery Park Specific Plan to Low Density Residential, and remove the parcels from the Peery Park Specific Plan area;
c. Change the General Plan land use designation for 22 legal non-conforming single-family and two-family dwelling sites at 411, 415 and 421 Charles Street, 433, 434, 437 and 440 Waverly Street, 572, 602, 656, 702 and 798 West Iowa Avenue, 428, 432 and 435 Florence Street, and 1301-1320 Oxbow Court, from Office to Low-Medium Density Residential; and
2. Introduce an Ordinance Amending the Zoning Districts Map, to:
a. Rezone the property at 591 South Murphy Avenue from El Camino Real - Commercial (ECR-C) to Low Medium Density Residential/Office (R-2/O);
b. Rezone the properties at 260, 280, 286 and 290 North Pastoria Avenue from Peery Park Specific Plan/Mixed Industry Core (PPSP/MIC) to Low Density Residential (R-0);
c. Rezone the properties at 411, 415 and 421 Charles Street, 433, 434, 437 and 440 Waverly Street, 572, 602, 656, 702 and 798 West Iowa Avenue, 428, 432 and 435 Florence Street, and 1301-1320 Oxbow Court from Administrative-Professional Office/Planned Development (O/PD) to Low Medium Density Residential (R-2); and
3. Introduce an Ordinance Amending the Zoning Districts Map, to:
Rezone sites within the Industrial to Residential (ITR) combining district that have redeveloped as residential uses from Industrial and Service (M-S), General Industrial (M-3) or the combined Neighborhood Business/Industrial-to-Residential/Medium Density Residential/Planned Development (C-1/ITR/R3/PD) zoning district, all to Medium Density Residential/Planned Development (R3/PD); the subject sites are spread throughout the city in five areas, generally bounded by (a) Tasman Drive, Morse Avenue, John W. Christian Greenbelt and Fair Oaks Avenue, (b) E. Duane Avenue, Lawrence Expressway, Stewart Drive and Britton Avenue, (c) E. Maude Avenue and N. Wolfe Road, Britton Avenue, E. Arques Avenue and Fair Oaks Avenue, and (d) Caltrain rail tracks, S. Wolfe Road, Old San Francisco Road and S. Fair Oaks Avenue, and (e) Caltrain rail tracks, Lawrence Expressway, Old San Francisco Road and Reed Avenue and Wolfe Avenue; and
4. Introduce an Ordinance Amending the Zoning Districts Map, and to:
Rezone any of the following future opportunity sites located at 455 and 920 De Guigne Drive, and 835, 845, and 935 Stewart Drive, in East Sunnyvale from Industrial and Service (M-S) to Industrial and Service/Industrial to Residential/Medium Density Residential/Planned Development (M-S/ITR/R-3/PD); and
5. Introduce an Ordinance to Amend Title 19 (Zoning) of the Municipal Code to:
Amend Section 19.26.120 of Chapter 19.26 (Combining Districts) to provide that once a site zoned Industrial to Residential (ITR) has been converted to residential use, the site cannot be returned to a use not allowed in a residential zoning district.
Location: Citywide; see Attachments 7 and 8
File #: PLNG-2024-0460
Applicant: City of Sunnyvale---
Environmental Review: Exempt per California Environmental Quality Act Guidelines Sections 15061(b)(3) and 15183.
Project Planner: Wendy Lao, (408) 730-7408, wlao@sunnyvale.ca.gov
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on January 13, 2025. One member of the public spoke in support of the project. The project analysis is available in the Report to Planning Commission, Attachment 1.
The Planning Commission voted in accordance with the staff recommendation to recommend approval of Alternative 1 to adopt the resolution and ordinances amending the General Plan, Peery Park Specific Plan, El Camino Real Specific Plan, Zoning Map, and Zoning Code, as set forth in Attachments 2 to 6 to the staff report, and found the proposed actions exempt under the California Environmental Quality Act (CEQA). The vote was 6-0-1, with Commissioner Shukla absent.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall. Public notice was mailed to the owners of the affected parcels and properties within a 300 feet radius of each parcel. 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 normal business hours), and on the City's website.
ALTERNATIVES
1. Take the following actions related to Study Issue CDD 23-02, Housing Element Program H45, and other associated modifications to Industrial to Residential (ITR) parcels:
A. Adopt a Resolution Amending the General Plan to:
a. Change the General Plan land use designation for the property at 591 South Murphy Avenue (APN 209-30-012) with a legal nonconforming single-family use, from El Camino Real Specific Plan to Low-Medium Density Residential, and remove the property from the El Camino Real Specific Plan area;
b. Change the General Plan land use designation for the four properties at 260 North Pastoria Avenue (APN 165-27-003), 280 North Pastoria Avenue (APN 165-27-004), 286 North Pastoria Avenue (APN 165-27-005) and 290 North Pastoria Avenue (APN 165-27-006) with legal nonconforming residential uses, from Peery Park Specific Plan to Low Density Residential and remove the parcels from the Peery Park Specific Plan area;
c. Change the General Plan land use designation for 22 legal non-conforming single-family and two-family dwelling sites at 411, 415 and 421 Charles Street, 433, 434, 437 and 440 Waverly Street, 572, 602, 656, 702 and 798 West Iowa Avenue, 428, 432 and 435 Florence Street, and 1301-1320 Oxbow Court, from Office to Low-Medium Density Residential (Attachment 2); and
B. Introduce an Ordinance Amending the Zoning Districts Map, to:
a. Rezone the property at 591 South Murphy Avenue from El Camino Real - Commercial (ECR-C) to Low Medium Density Residential/Office (R-2/O);
b. Rezone the properties at 260, 280, 286 and 290 North Pastoria Avenue from Peery Park Specific Plan/Mixed Industry Core (PPSP/MIC) to Low Density Residential (R-0);
c. Rezone the properties at 411, 415 and 421 Charles Street, 433, 434, 437 and 440 Waverly Street, 572, 602, 656, 702 and 798 West Iowa Avenue, 428, 432 and 435 Florence Street, and 1301-1320 Oxbow Court from Administrative-Professional Office/Planned Development (O/PD) to Low Medium Density Residential (R-2) (Attachment 3); and
C. Introduce an Ordinance Amending the Zoning Districts Map, to:
Rezone sites (as noted in Attachment 4) within the Industrial to Residential combining district that have redeveloped as residential uses from Industrial and Service (M-S), General Industrial (M-3) or the combined Neighborhood Business/Industrial to Residential/Medium Density Residential/Planned Development (C-1/ITR/R3/PD) zoning district, all to Medium Density Residential/Planned Development (R3/PD); the subject sites are spread throughout the city in five areas, generally bounded by (a) Tasman Drive, Morse Avenue, John W. Christian Greenbelt and Fair Oaks Avenue, (b) E. Duane Avenue, Lawrence Expressway, Stewart Drive and Britton Avenue, (c) E. Maude Avenue and N. Wolfe Road, Britton Avenue, E. Arques Avenue and Fair Oaks Avenue, and (d) Caltrain rail tracks, S. Wolfe Road, Old San Francisco Road and S. Fair Oaks Avenue, and (e) Caltrain rail tracks, Lawrence Expressway, Old San Francisco Road and Reed Avenue and Wolfe Avenue (Attachment 4); and
D. Introduce an Ordinance Amending the Zoning Districts Map, and to:
Rezone the three future opportunity sites located at 455 De Guigne Drive, 835 Stewart Drive, and 845 Stewart Drive in East Sunnyvale from Industrial and Service (M-S) to Industrial and Service/Industrial to Residential/Medium Density Residential/Planned Development (M-S/ITR/R-3/PD) (Attachment 5); and
E. Introduce an Ordinance to Amend Title 19 (Zoning) of the Municipal Code to:
Amend Section 19.26.120 of Chapter 19.26 (Combining Districts) to provide that once a site zoned Industrial to Residential (ITR) has been converted to residential use, the site cannot be returned to a use not allowed in a residential zoning district (Attachment 6); and
F. Find that the Action is Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15183.
2. Recommend the Actions in Alternative 1 with modifications, provided the modifications are within the scope of the environmental review.
3. Do not take any action and provide direction on desired changes.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Adopt the resolution and the ordinances amending the General Plan, Peery Park Specific Plan, El Camino Real Specific Plan, Zoning Map, and Zoning Code, as set forth in Attachments 2 to 6, and find the proposed actions exempt under the California Environmental Quality Act (CEQA).
JUSTIFICATION FOR RECOMMENDATION
The proposed changes to the General Plan, El Camino Real Specific Plan, Peery Park Specific Plan, Zoning Map, and Zoning Code would further the City’s goals of increasing housing units and clarify the intended long-range plan for those properties. The changes would address the General Plan Housing Element Program H45 and LUTE Policies LT-14.5a-f to rezone the future opportunity site at East Sunnyvale ITR area, and to rezone ITR sites to residential once they have transitioned to residential use. The changes would remove legal non-conforming situations for 27 single-family and two-family dwellings, allowing property owners to have the same development rights as those available to neighbors in the same land use and zoning designations.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
_X_ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Wendy Lao, Associate Planner
Reviewed by: Julia Klein, Principal Planner
Reviewed by: George Schroeder, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director of Community Development
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Report for Planning Commission [25-0058, January 13, 2025] (without attachments)
2. Draft Resolution - Amendment to the General Plan, El Camino Real Specific Plan, and Peery Park Specific Plan
3. Draft Ordinance - Zoning Map Amendment for Rezoning Legal Non-Conforming Single-Family and Two-Family Dwellings
4. Draft Ordinance - Zoning Map Amendment - Rezone from ITR or other Industrial to R3-PD
5. Draft Ordinance - Zoning Map Amendment - Rezone from MS to ITR Combining adding R-3 and PD
6. Draft Ordinance - Zoning Code Amendment
7. Map: Legal Non-Conforming Single- and Two-Family Dwellings - Zoning and Land Use Changes
8. Map: ITR Sites - Zoning Changes
9. ITR Brochure
10. Study Issue Paper CDD 23-02
Additional Attachments for Report to Council
11. Excerpt of Draft Minutes of the Planning Commission Meeting of January 13, 2025