REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on a 4.73 acre site:
USE PERMIT: to construct a new 38,805-square-foot, 38-foot 6-inch-tall building for a community-serving place of assembly. The project also includes accessory structures of 1,422 square feet and 2,330 square feet at the rear of the site.
VARIANCE: to allow deviation from Sunnyvale Municipal Code Section 19.32.030(a) for a steeple and spire to extend 89 feet above the 40-foot building height limit, where a maximum increase of 25 feet above the building height limit is allowed.
VESTING TENTATIVE PARCEL MAP: to subdivide one lot into two lots.
Location: 771 W. Fremont Ave. (APNs: 202-16-009; 202-17-047)
File #: PLNG-2024-0744
Zoning: Public Facilities (PF)
Applicant / Owner: Jake Elliott, NORR (applicant) / The Church of Jesus Christ of Latter-day Saints (owner)
Environmental Review: Categorically Exempt under California Environmental Quality Act (CEQA) Section 15332, In-Fill Development Projects (Class 32).
Project Planner: Wendy Lao, (408) 730-7408, wlao@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Public Facilities
Existing Site Conditions: A one-story, 22,900-square-foot religious facility building of 30-foot height with a steeple totaling 75 feet height.
Surrounding Land Uses
North (R-1): One- and two-story single-family residences
South (R-1): One-story single-family residences across W. Fremont Ave.
East (R-3/PD): Two-story multi-family residences and a one-story single-family residence
West (R-2/PD): Two-story single-family residences and a one-story single-family residence
Staff Recommendation: Find the project exempt under CEQA Guidelines Section 15332 and Approve the Use Permit, Variance, and Vesting Tentative Map with the Recommended Findings in Attachment 2 and subject to the Recommended Conditions of Approval in Attachment 3.
BACKGROUND
Description of Proposed Project
The project site is approximately 4.73 acres in size, with a width of 332 feet and a length of 620 feet. The site is currently developed with a 22,900-square-foot religious facility. The proposed project would include the demolition of the existing building to construct a new 38,805-square-foot, 38-foot 6-inch tall temple building near the center of the site. The building includes a steeple and spire of 90 feet 6 inches above the building, for a total height of 129 feet. The project also includes two accessory structures of 1,422 square feet and 2,330 square feet at the rear of the site and 176 surface parking spaces.
A Use Permit (UP) is required per Sunnyvale Municipal Code (SMC) Section 19.24.030 because the proposed use is classified as a community serving place of assembly, which is subject to approval of a UP. A Variance (VAR) is required for the deviation from the height limit per SMC Chapter 19.84. A Tentative Map (TM) is required for the subdivision of one lot into two lots per SMC Chapter 18.20. The findings to grant approval for the UP, VAR, and TM are discussed in the Recommended Findings in Attachment 2. See Attachment 1 for a vicinity map and mailed notice area and Attachment 4 for the Project Data Table.
Previous Actions on the Site
The site was previously used for agricultural purposes before the original building was constructed in 1959. The building has been modified over time and is currently occupied by the Church of Jesus Christ of Latter-Day Saints. There are no active neighborhood preservation complaints for the project site.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) requires the lead agency to analyze a project’s impact on the environment. The In-Fill Development Categorical Exemption (Class 32) in CEQA Guidelines Section 15332 relieves this project from CEQA provisions. Class 32 Categorical Exemptions include in-fill developments that are:
• Consistent with the General Plan and Zoning Ordinance;
• Within city limits on sites that are no more than five acres;
• Not on sites that include habitats for endangered, rare or threatened species;
• Do not have a significant effect on traffic, noise, air quality or water quality; and
• On sites that are adequately served by utilities and public services.
The City’s CEQA consultant, David J. Powers & Associates, prepared a Class 32 CEQA Checklist summarizing the proposed project’s qualifications for the exemption. Refer to Attachment 9 for the Class 32 CEQA Checklist and Attachments 10 through 13 for the technical reports.
DISCUSSION
Present Site Conditions
The 4.73 acre project site is located on the north side of Fremont Avenue, with Pome Avenue to the west and Hollenbeck Avenue to the east. The site is surrounded by one- and two-story single-family residences to the north; predominantly two-story multi-family residences with one single-story single-family residence to the east; two-story single-family residences with one single-story single-family residence to the west; and one-story single-family residences to the south across West Fremont Avenue. An elementary school and preschool campus are located to the northeast, and a church is located to the southeast across West Fremont Avenue.
The existing one-story building is centrally located on the site and surrounded by surface parking to the north, east, and west. Vehicular access is provided from W. Fremont Avenue via two existing driveways that connect to a U-shaped internal driveway, providing access to the site’s 156 parking spaces. The site contains 106 trees, and a large, landscaped lawn with outdoor seating is located north of the parking lot.
Site Layout and Architecture
The proposed project includes a 23,079-square-foot building centrally located on the site. The main building would be 38-feet 6-inches tall with a 90-foot 6-inch steeple and spire, located at the center of the building, for a total height of 129 feet when measured from the top of the curb. Similar to the existing conditions, vehicular access would be provided from W. Fremont Avenue via two driveways that connect to a U-shaped internal driveway, providing access to 176 surface parking spaces.
The main building would consist of assembly spaces on the ground floor and a second story containing mechanical uses. The stepped steeple would begin at the 2,436-square-foot third floor, which is located at a height of 38-feet 6-inches, and would continue through the seventh floor, which is 332 square feet and reaches approximately 111 feet in height. An approximately 18-foot-tall spire would sit above the 72-foot 6-inch tall steeple, bringing the total building height to 129 feet.
The proposed building features a strong symmetrical composition, with granite-clad walls, tall narrow windows, and red clay tile pitched roofs. The steeple incorporates a series of flat-roofed tiers also with granite-clad walls and tall narrow windows and is capped by a four-sided hip roof with red metal tiles. The primary street-facing entry features a hipped roof and a recessed entry door with an arched window above, set behind three arches supported by decorative columns. The entry door and windows would consist of a bronze-colored window system featuring colored art glass with nature-inspired designs.
An accessory structure would be located at the rear of the site and would include a 1,187-square-foot maintenance building, a 235-square-foot fire riser building, and four separate enclosed, uncovered yards for mechanical, electrical, and maintenance equipment and a trash enclosure. The concrete masonry walls of the accessory structure would reach a height of 13 feet 4 inches.
A second accessory structure would be located at the northeast portion of the site. It would include a 2,330-square-foot distribution building with an attached enclosed, uncovered generator yard and electrical yard. The concrete masonry walls of the accessory structure would reach a height of 14 feet 8 inches. See Attachment 5 for site and architectural plans.
Program Operations
The proposed building would continue to be utilized by the Church of Jesus Christ of Latter-day Saints. Following construction, the temple would be temporarily open to the public for tours, after which attendance would be limited to specific members of the church, with the grounds around the temple open to the public.
Typical hours of operation would include Mondays for maintenance, Tuesdays through Saturdays from 6:00 a.m. to 10:00 p.m. for patrons, with staff present one hour before and after operating hours, and closure on Sundays.
The applicant anticipates that 40 to 60 individuals would arrive every 30 minutes for a two-hour duration during the operating hours. Based on this rate and duration, approximately 160 to 240 individuals would be present in the temple at any given time. In addition, the temple would have four 4-hour volunteer shifts from 6:00 a.m. to 10:00 p.m. each day, with approximately 25 to 40 volunteers per shift.
Development Standards
Floor Area Ratio
The PF zoning district does not have a maximum floor area ratio (FAR). The proposed FAR is 15%, which is allowed. The steeple is excluded from the FAR calculations because it is considered an architectural feature that will not be utilized for congregation.
Setbacks
The project proposes a front setback of 97 feet and 2 inches, measured to the main building at the ground floor, where a minimum setback of 52 feet is required. The main building would be setback 84 feet and 9 inches from the western side property line and 87 feet from the eastern side property line, where a minimum side setback of 38 feet is required. The main building would be located approximately 323 feet from the northern rear property line.
Additionally, through the subdivision, the main building would be setback 51 feet from the new rear property line, which is the minimum requirement.
The accessory buildings, located at the northern portion of the site, would be setback 42 feet 3 inches from the northern property line, where a minimum of 20 feet rear yard setback is required. The accessory buildings provide a west side setback of 30 feet and east side setback of 47 feet 8 inches, where a minimum setback of 6 feet is required.
Height
The building height limit for properties in the PF zoning district is based on the height limit of the most restrictive abutting zoning district. For the project site, the R-1 zoning district to the north has the most restrictive height limit of 30 feet. Projects that incorporate green-building measures, achieve LEED Gold certification, and are all-electric may increase the applicable height limit by 10 feet, resulting in a maximum building height of 40 feet. The project would be designed to meet these standards and proposes a building height of 38-feet 6-inches, which complies with the applicable 40-foot height limit (except for the steeple, see discussion below).
• Variance Request for Steeple Height: Architectural features such as towers, spires, and steeples may exceed the building height limit by a maximum of 25 feet pursuant to SMC Section 19.32.030. With a building height limit of 40 feet, architectural features may therefore reach a maximum height of 65 feet. The project proposes a 90-foot 6-inch architectural feature for a steeple and spire that extends 89 feet above the 40-foot building height limit, resulting in a total height of 129 feet as measured from the top of the adjacent curb. This exceeds the maximum architectural feature height limit by 65 feet 6 inches.
The applicant has prepared a Variance Justification letter describing the requested deviation from the Municipal Code. According to the letter, the applicant’s justification includes the use of the “Golden Ratio” mathematical proportion, typically incorporated into the architectural design of temples associated with the Church of Jesus Christ of Latter-day Saints’ religious use. The letter also states that the project site is significantly larger than the surrounding single-family and multi-family properties, and therefore the location and design of the proposed steeple/spire would not negatively impact neighboring properties. See Attachment 6 for details.
To approve a variance, the Planning Commission would need to make the required findings under SMC Section 19.84.050. See Attachment 2 for more information.
Staff has analyzed the proposed variance request. As described above, the project site is approximately 4.73 acres, with a width of 332 feet and a depth of 620 feet. The site is substantially larger than the surrounding residential properties, which range from approximately 0.10 to 0.38 acres to the west, 0.27 acres to the north, and smaller multi-family properties to the east.
The proposed steeple would also be substantially set back from the property lines. At its widest point, which is 46 feet across at its base, the steeple would be approximately 144 feet 7 inches from the eastern side property line, 142 feet 8 inches from the western side property line, 174 feet 9 inches from the front property line, and 388 feet 8 inches from the northern (rear) property line. The steeple incorporates a series of stepped tiers that become progressively narrower as they rise, ending with a narrow spire at the peak. This design results in larger step-backs toward the top of the steeple compared to its base and results in a less visually substantial form.
The shadow study indicates that the project would comply with the Municipal Code requirement limiting shading of adjacent rooftops to a maximum of 10 percent during the 365-day solar cycle between 9:00 a.m. and 3:00 p.m., or a maximum of 219 hours of the 2,190 hours per year. The study indicates that the project would cast approximately two hours of shade on a neighboring property over the course of the year, with the greatest amount of shading occurring on November 1st at 3:00 p.m.
Based on the substantial distance between the steeple and the surrounding property lines, the difference with immediate neighbors’ lot sizes, and the unique characteristics of the proposal, staff supports the requested variance for the steeple height.
Parking
The Municipal Code requires 25 parking spaces per 1,000 square feet of primary gathering area. The project includes 5,867 square feet of primary gathering area, consisting of the instruction rooms, sealing rooms, patron and non-patron waiting rooms, lobby, initiatory waiting rooms, bride’s room, and baptistry room, resulting in a requirement for 147 parking spaces. The project would provide a total of 176 parking spaces on-site, exceeding the minimum parking requirement. Of these, 63 spaces would be electric vehicle (EV) charging stations, and an additional 63 spaces would be EV-capable which would be equipped with the necessary electrical infrastructure to support the future installation of EV charging equipment.
The project also provides nine short-term bicycle parking spaces where a minimum of seven are required, and three secured bicycle parking spaces where a minimum of three are required.
Lighting
The building’s hours of operation are 6:00 a.m. to 10:00 p.m. from Tuesday through Saturday. However, an additional one hour before and after operations would be needed for staff and volunteers to open and close the building, extending the lighting hours from 5:00 a.m. to 11:00 p.m. All lighting will be automatically controlled by a building management system (BMS) and will be fully customizable to be either progressive shutoff/dimming or immediate shutoff/dimming. The BMS has manual override features, but the building will utilize automatic lighting.
The interior lighting will utilize motion detection devices and will be controlled by the BMS for owner customizability. During business hours, when no motion is detected, the lights will dim to 50% and will be automatically turned off between 11:00 p.m. and 5:00 a.m. Interior lighting will remain off on Sundays when the building is closed, and only turned on as needed for maintenance on Mondays.
The exterior lighting is categorized into two groups: parking and walkway lighting, and directional shielded façade site lighting.
• Parking and walkway lighting will turn on to 100% at dusk, reduce to 25% at 11:00 p.m., increase to 100% at 5:00 a.m., and turn off at dawn. The photometric plan illustrates the photometrics at 100% light output and indicates no light trespass to the neighboring properties.
• The exterior lights on the building will consist only of directional shielded façade lighting as required by a condition of approval. The building’s exterior lights will turn on to 100% at dusk, turn off at 10:00 p.m., turn on at 5:00 a.m. for the arrival of staff, and turn back off at dawn. The lighting is also connected with the BMS with dimming and light output customization. However, a condition of approval will require that exterior lights not necessary to illuminate the ground floor, including any lights on the steeple or spire, shall be turned off by 10:00 p.m.
See the lighting exhibit on Attachment 8 for more information.
Bird-Safe Design
The applicant’s biologist prepared a biological report evaluating the bird-safety features of the proposed building design, which was peer reviewed by the City’s biological consultant, WRA. The peer review found that the proposed project appears consistent with the City’s Bird Safe Design Guidelines. This finding is primarily based on the use of low-reflective art glass on exterior windows, which incorporates colors and markings that increase visibility to birds, and exterior lighting that would operate during limited hours and use precision lighting controls and shielding to minimize light spillover into the night sky.
The proposed building also does not include large expanses of glass near open areas, glass skyways, or freestanding glass walls. In addition, landscaping around the building would be limited to small- and medium-sized trees that would not funnel birds toward the building façade. See the biological report and peer review in Attachment 10 for additional details.
Trees & Parking Lot Shading
The site currently contains 106 trees, of which 68 would be removed. The project proposes planting 109 new trees, resulting in a total of 147 trees on site. The Municipal Code requires at least 50% of the parking lot to be shaded, and the proposed landscaping would provide 53% shade coverage. Trees would be distributed throughout the site.
Green Building and Reach Code Requirements
The project is designed to incorporate green-building measures and achieve LEED Gold certification through the U.S. Green Building Council (USGBC), with a minimum of 75 total points. The project will also voluntarily implement all-electric construction and will not include a natural gas connection. Incorporation of these green-building measures will allow the project to utilize the applicable green-building incentive and increase the maximum building height by 10 feet.
Solid Waste and Recycling Access
The project includes garbage, recycling, food scrap, and yard waste service, with a trash enclosure located toward the rear of the site. The applicant has coordinated with Environmental Services and Public Works Department staff to determine that the internal circulation satisfies the requirements for solid waste and recycling collection vehicles serving the building.
Vesting Tentative Parcel Map
The applicant has requested to subdivide the lot into two, primarily to separate the EV charging stations from the main building. The Vesting Tentative Parcel Map allows for the subdivision of the existing lot into two lots. To ensure that the two adjacent lots would be treated as one development site, the project would be required to provide a Lot-Tie Agreement as a project Condition of Approval. Refer to Condition of Approval #BP-46 in Attachment 3.
Construction
The project would be required through a standard Condition of Approval (BP-32) to implement a Construction Management Plan (CMP) to minimize construction-related impacts on surrounding neighbors. The CMP would include, but not be limited to, compliance with the City’s construction hours, advance notification to neighbors regarding construction schedules, use of sound-reducing equipment, noise compliance contact, and routing construction traffic to and from the project site via designated truck routes, whenever feasible.
Fiscal Impact
No fiscal impacts to the General Fund. The project would be subject to the standard demolition and construction related permit fees and taxes, the same as for any other development project. The project would also be subject to additional fees including the park in-lieu fee and traffic impact fee as noted in the Conditions of Approval.
Public Contact
Neighborhood Outreach Meeting
The applicant hosted a neighborhood outreach meeting on December 15, 2025, with over 20 members of the public present. The attendees raised questions about the building and steeple height, hours of operation and lighting, number of visitors, parking, and landscaping.
Planning Commission Study Session
The Planning Commission reviewed the project plans at a study session on February 23, 2026. The Planning Commission requested more details regarding the variance for the steeple height increase, including a detailed explanation of the “Golden Ratio” application to this project, visibility of the tower from different vantage points, and more.
The applicant has since provided a lighting narrative with a more detailed exhibit showing how the building lighting would impact the property and surrounding neighbors.
Public Noticing
Public contact was made by posting the Planning Commission meeting agenda on the City's official-notice bulletin board at City Hall and posted in the Sunnyvale Sun. 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.
1,758 notices were sent to surrounding property owners and residents within 2,000 feet of the subject site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper, a courtesy email to interested parties that were identified since the application was submitted, and on-site posting. Staff has received 71 public comment letters as of date of this report. Most of the letters expressed support for the project, while approximately three letters raised concerns or inquiries regarding the proposed height, subdivision, and lighting impacts.
ALTERNATIVES
1. Find the project is exempt under CEQA Guidelines Section 15332 and approve the Use Permit, Variance, and Vesting Tentative Parcel Map with the Recommended Findings in Attachment 2 and subject to the Recommended Conditions of Approval in Attachment 3.
2. Find the project is exempt under CEQA Guidelines Section 15332 and approve the Use Permit, Variance, and Vesting Tentative Parcel Map, with modifications (to be provided by the Planning Commission).
3. Do not make the required findings and direct staff where changes should be made.
4. Deny the project (with findings for denial to be provided by the Planning Commission).
STAFF RECOMMENDATION
Recommendation
Alternative 1. Find the project is exempt under CEQA Guidelines Section 15332 and approve the Use Permit, Variance, and Vesting Tentative Parcel Map with the Recommended Findings in Attachment 2 and subject to the Recommended Conditions of Approval in Attachment 3.
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, Senior Planner
Reviewed by: Julia Klein, Principal Planner
Approved by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Noticing and Vicinity Map
2. Recommended Findings
3. Recommended Conditions of Approval
4. Project Data Table
5. Site and Architectural Plans
6. Applicant Height Variance Request Justification Letter
7. Applicant Lighting Exhibit
8. Class 32 CEQA Checklist
9. Biological Report and Review
10. Noise Report
11. Air Quality Report
12. Arborist Report
13. Public Comment Letters