REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project:
Forward recommendation to the City Council related to the El Camino Real Specific Plan (ECRSP):
A. Adopt a Resolution (Attachment 6) to:
• Certify the Environmental Impact Report (EIR); Make the findings required by the California Environmental Quality Act (CEQA); Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; Adopt the Water Supply Assessment; Adopt the ECRSP
• Repeal the Precise Plan for El Camino Real;
• Amend the General Plan and update the General Plan Map; and
• Adopt the ECRSP Community Benefits/Incentives Program (CBP).
B. Adopt a Resolution (Attachment 7) to:
• Amend the Fiscal Year 2022/23 Master Fee Schedule to add the ECRSP Maintenance Fee and ECRSP Transportation Impact Fee (TIF).
C. Introduce Ordinances (Attachments 8, 9, 10) to:
• Amend Sunnyvale Municipal Code (SMC) Chapters/Sections: 19.12 (Definitions), 19.16.020 (Zoning Districts-Creation); 19.34.040(c) (Front yard- Average and reduction); 19.34.060(b)(2) (Vision Triangles); 19.44 (Sign Code), 19.46.100 (Shared Parking); 19.54 (Wireless Telecommunication Facilities); 19.56 (Solar Energy Systems); and 19.90.010 (Special Development Permits - Purpose).
• Add SMC Chapters: 19.36 (El Camino Real Specific Plan District) to Title 19 (Zoning) and 3.54 (ECRSP Transportation Impact Fee) to Title 3 (Revenue and Finance);
• Repeal SMC Chapters/Sections: 19.08 (Grant of Landscape Easements Along El Camino Real and Mathilda Avenue) and 19.26.140-170 (Precise Plan for El Camino Real) of Chapter 19.26 (Combining Districts) in Title 19 (Zoning); and
• Amend the Zoning Plan Districts Map and re-zone parcels currently within the new ECRSP district.
D. Introduce an Ordinance to: Re-Zone Certain Properties Located at 510, 530, 550, And 570 Fall River Terrace From C2/PD (Highway Business/Planned Development) To R-3/PD (Medium Density Residential/Planned Development), and find that the Action is Exempt from CEQA.
E. Introduce an Ordinance to: Re-Zone Certain Properties Located at 1075, 1079, 1080, 1083, 1084, 1087, and 1088 Ed Roth Terrace From C2/ECR (Highway Business/El Camino Real) To R-3/PD (Medium Density Residential/Planned Development), and Find that the Action is Exempt from CEQA.
Location: Existing Plan: Precise Plan for El Camino Real
File number: 2014-7432 (El Camino Real Specific Plan)
General Plan Designation:
Existing: Corridor Mixed Use; Commercial; High Density Residential
Proposed: El Camino Real Specific Plan; Medium Density Residential; High Density Residential
Zoning:
Existing: C2/ECR and R-3/ECR and R4/ECR, O/ECR and PF/ECR
Proposed ECRSP Zoning Districts: El Camino Real - Commercial (ECR-C); El Camino Real - Mixed Use (ECR-MU); El Camino Real - Office (ECR-O); El Camino Real - Public Facilities (ECR-PF); El Camino Real - Medium Density Residential (ECR-R3); and, El Camino Real - High Density Residential (ECR-R4).
Applicant: City of Sunnyvale
Environmental Review (SCH # 2017102082): Adopt a resolution to make findings required by CEQA, certify the EIR, and adopt a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program.
Project Planner: Jeffrey Cucinotta, 408-730-7424, jcucinotta@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Existing Land Use Designations: Corridor Mixed Use, Commercial, High-Density Residential, and Public Facilities. Proposed Land Use Designation: El Camino Real Specific Plan (ECRSP).
Existing Site Conditions: El Camino Real serves as a major transportation and shopping corridor featuring largely commercial uses with some residential uses and public facilities. El Camino Real is a State Highway stretching approximately four miles from the City of Mountain View on the west to the City of Santa Clara on the east. The current zoning of Highway Commercial (C-2) has resulted in the properties abutting El Camino Real consisting of mostly retail/commercial uses (mostly automobile-oriented) and hotel development. Residential uses exist within mixed-use developments (with residential above, behind, or adjacent to the non-residential uses). There are also various multi-family residential developments in the Specific Plan Area, primarily located in the eastern half of the corridor. Other non-residential uses in the Specific Plan Area include a few office buildings and a portion of the City of Sunnyvale Civic Center complex (City Hall the Public Safety headquarters, and a former County courthouse). Adjacent to the Plan Area there are residential uses at a variety of densities, including several single-family residential neighborhoods. The corridor is south of the Downtown Specific Plan Area and, at its closest point, two-thirds of a mile from the Sunnyvale Caltrain station.
Issues: Allowing additional residential development intensity and height, particularly in the nodes; preparation of a community benefits and development incentives program; requiring minimum ground floor commercial area in new mixed-use developments; significant and unavoidable environmental impacts; and transportation/circulation improvements.
Staff Recommendation:
Forward recommendations related to the ECRSP to the City Council:
• Certification of the EIR and related actions;
• Adoption of the El Camino Real Specific Plan (with amendments) and related actions amending the General Plan, adoption of a Community Benefits Program, and adopting fees specific to El Camino Real;
• Introduction of ordinances to amend the municipal code and rezone properties consistent with the ECRSP and General Plan.
Detailed recommendations are listed in the Alternatives and Staff Recommendation sections of the Staff report.
The City Council is scheduled to consider this item on June 28, 2022.
BACKGROUND
Precise Plan for El Camino Real Adoption and First Update
The City Council adopted the original Precise Plan for El Camino Real in 1993 and a subsequent comprehensive amendment in 2007. The 1993 Plan established a vision to enhance the appearance, strengthen commercial uses, and provide variety through a series of 10 Opportunity Areas that had high potential for change. The 1993 plan offered incentives in the Opportunity areas such as increased FAR, reduced parking and reduced setbacks. The Precise Plan reaffirmed the opportunity for residential development in the eastern section of the corridor.
The 2007 Precise Plan (see link in Attachment 3), which is the current version of the plan, establishes the framework, goals, and policies for growth and development along El Camino Real. The 2007 plan includes four mixed-use Nodes (commercial and residential) at major intersections, where development will be more urban in character as proposed in the two-county Grand Boulevard Initiative. It provides specific development criteria and design guidelines, including requirements to improve compatibility between major developments on El Camino Real and the residential neighborhoods which they abut. This current plan does not specify density standards or specific objective development standards for residential uses however it indicates that any of the four “nodes” are appropriate for mixed-use development.
Comprehensive Update of ECR Plan
In January 2014, the City Council combined two highly ranked study issues (CDD 14-09 Comprehensive Update of the Precise Plan for El Camino Real and CDD 14-14 Address Non-commercial Properties in Precise Plan for El Camino Real) to update and clarify policies in the Precise Plan for El Camino Real. In December 2014, Council authorized the acceptance of the Metropolitan Transportation Commission (MTC) Priority Development Area (PDA) Planning Grant in the amount of $587,000 to prepare a comprehensive update of the 2007 Precise Plan for El Camino Real (a new El Camino Real Specific Plan, or ECRSP) and related EIR (see RTC No. 14-0974 for more information). In 2015 the City hired M-Group, an urban design and planning consultant (and their sub-consultants), to assist the City in the preparation of the Specific Plan.
The City kicked-off the ECRSP update effort in July 2015. Initial tasks in the planning process included preparation of an existing conditions report of the Plan Area (“ECR Profile”), a Market Study, and an Affordable Housing and Anti-Displacement Strategy (see discussion below for a summary of each topic). The planning process has also involved extensive community engagement through pop-up workshops, online surveys on Open City Hall, advisory committee meetings (open to the public), a community workshop, and the project website. A link to the project website, which includes information on outreach efforts/meetings listed above, is included in Attachment 3.
El Camino Real Plan Advisory Committee (ECRPAC)
A key component of the update process was the formation of a community advisory committee intended to represent a broad cross-section of the community in order to help guide the preparation of the ECRSP update. A City Council Subcommittee appointed 12 members to serve on the ECRPAC (RTC No. 15-0774) in July 2015.
Since the ECRSP update began in 2015, the ECRPAC has provided significant input and guidance on priorities to consider in planning for the El Camino Real corridor. The ECRPAC reviewed the completed background/technical reports, provided recommendations on the land use alternatives and vision statement, and read, listened to, and considered community comments. The ECRPAC held nine public meetings.
Land Use and Transportation Element (LUTE)
In April 2017 the City Council adopted an update to the Land Use and Transportation Element. The update to the LUTE also included a community advisory committee (Horizon 2035) which recommended that the El Camino Real corridor include the addition of 4,200 housing units, the same amount of housing that had already been identified by the ECRPAC. El Camino Real is designated as Corridor mixed use and Commercial in the LUTE. The LUTE further describes the Corridor mixed use area as: 25% Floor Area Ratio (FAR) for commercial development; an average of 24 dwelling units per acre over the entire site with specific densities and intensities determined by Specific Plan or Area Plan.
“Preferred Land Use” Alternative
In August 2017, the City Council selected a Preferred Land Use Alternative, which is the Proposed Project (“R+ Alternative”) that is studied in the EIR (RTC No. 17-0768). The R+ Alternative has the potential to result in a total buildout within the Plan Area of approximately 8,500 residential units and 3,980,000 square feet of commercial floor area. These numbers represent a net increase of approximately 6,900 residential units and 730,000 square feet of commercial floor area (made up of approximately 426,000 square feet of retail commercial, 80,000 square feet of office commercial, and 224,000 square feet of hotel uses) above 2017 existing conditions. When compared to the development totals currently allowed within the future buildout of the General Plan, the 8,500 residential units included in the Specific Plan represent an increase of 2,700 dwelling units and a decrease of approximately 220,000 square feet of commercial floor area. The buildout numbers were revised later in the process when it was determined that commercial buildout had used a larger land area for estimating full buildout. The updated commercial buildout (3.25M square feet) was presented at the January 4, 2022 City Council Study Session.
Recent Changes in State Law; Associated Impacts on Planning Process
In 2019, several State bills passed, particularly the Housing Crisis Act of 2019 (“SB 330”) (Government Code Section 66300), which required revisions to the residential density structure, development capacity language, and introduction of objective standards and design guidelines. SB 330 contains a general prohibition against “downzoning” residentially-zoned parcels; however, Section 66300(i) provides that a city may change a land use designation or zoning ordinance to a less intensive use if the city “concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity.” The proposed ECRSP significantly increases the overall housing capacity of the ECRSP Area, which is consistent with the State legislation.
EXISTING POLICY
General Plan Goals and Policies
There are many policies and statements in the General Plan which pertain to and support the proposed ECRSP. A detailed list of relevant General Plan Goals and Policies is contained in Attachment 2.
The Community Vision Chapter of the General Plan includes a Vision Statement:
Sunnyvale is an attractive, safe, environmentally-sensitive community which takes pride in the diversity of its people, the innovation of its businesses and the responsiveness of its government.
The full Community Vision is summarized as:
It is the aspiration of the people of Sunnyvale to build upon the attributes which the City currently enjoys, so that Sunnyvale of the future will become …
• A strong, diverse community …
• A community with a vibrant and innovative local economy …
• A regional leader in environmental sustainability …
• A safe, secure, and healthy place for all people …
• A city managed by a responsible and responsive government …
• A community with a distinctive identity …
General Plan Land Use Map
The existing General Plan Land Use Map shows El Camino Real as Corridor Mixed Use (CMU) and Commercial.
ENVIRONMENTAL REVIEW
The City is the lead agency under the California Environmental Quality Act (CEQA) and is responsible for preparing an Environmental Impact Report (EIR) (State Clearinghouse No. 2017102082) for the proposed ECRSP.
An EIR can be used to evaluate either a program that regulates future development, or a specific development project. In this case, the EIR includes a program-level analysis of the ECRSP and was prepared for the City by Michael Baker International (MBI).
The EIR’s program-level analysis compares the environmental impacts of the ECRSP with the existing conditions, specifically land use changes adopted with the Land Use and Transportation Element (LUTE) of the City’s General Plan and associated EIR that was certified in 2017. As stated above, the ECRSP includes an increase in housing potential in the plan area (2,700 additional net new residential units beyond what was considered in the LUTE for a total of 6,900 new units beyond what is currently built in the plan area) and the study of up to 730,000 sq. ft. of commercial floor area.
Attachment 3 contains the Draft EIR (DEIR) and associated appendices, and the Final EIR (FEIR), which includes responses to comments and minor corrections/clarifications to the DEIR.
EIR Milestones
The milestones in the EIR process are listed in Table 1 below:
Table 1: EIR Milestones
Notice of Preparation Period and Scoping Meeting
A Notice of Preparation (NOP) for the EIR was distributed for a 30-day period on October 30, 2017, to neighborhood groups, neighboring cities, regional and state agencies, interested parties and organizations, and property owners and tenants within 2,000 feet of the plan area boundaries. In addition, a scoping meeting (required by CEQA) was held during the NOP period on November 9, 2017. The NOP provides notification that an EIR will be prepared, and the scoping meeting was held to solicit input on the scope and content of the environmental document. 31 individuals attended the scoping meeting, and 14 members of the public gave verbal comments. Staff received 17 letters/e-mails from community members, one letter from a neighboring city, two letters from regional agencies, and two letters from state agencies. The NOP and scoping meeting comments are located in Appendix A of the DEIR (Attachment 3).
Notice of Availability and Public Review Period
A Notice of Availability (NOA) to solicit comments on the DEIR was released for public review on March 11, 2022. The NOA includes links to download the DEIR and Appendices, the Draft ECRSP, and associated documents. Physical copies of the DEIR were placed at the Sunnyvale Library, the One-Stop Permit Center, and the Community Center. The NOA was distributed to the same individuals, organizations, agencies as the NOP distribution plus an updated list of property owners and residents within 2,000 feet of the plan area boundaries, as well as additional persons and organizations that have participated throughout the process or requested inclusion.
The comment period ended on April 25, 2022. A Planning Commission public hearing was held on April 25, 2022, to allow for Planning Commissioners and members of the public to provide oral comments on the DEIR. One member of the public provided comments at that hearing. Also, during the public comment period, City staff presented the project to the Sustainability Commission (April 18, 2022), Housing and Human Services Commission (April 20, 2022), and the Bicycle and Pedestrian Advisory Commission (April 21, 2022). A summary of commissioner and public hearing comments received during the public comment period is included in Attachment 18.
Thirty-Five (35) agencies or individuals commented on the DEIR, including local agencies (Livable Sunnyvale and Bike Sunnyvale), regional agencies (VTA and Silicon Valley at Home), State agencies (Caltrans, Department of Toxic Substances Control), and 29 individuals. All the written and oral comments (received at public hearings) were considered during the preparation of the FEIR and are included with a response in the FEIR (see link to FEIR in Attachment 3). The FEIR was distributed for a minimum ten-day public review from June 10, 2022 to June 28, 2022 when the City Council will consider the FEIR.
Less-than-Significant Impacts and Required Mitigation Measures
The EIR analyzes whether the ECRSP project would result in any significant impacts. Except for two categories where significant and unavoidable impacts were found, all impacts were found to be either less-than-significant or less-than-significant with required mitigation measures. See Attachment 5 for a summary of mitigation measures that would apply to future ECRSP development. The full Mitigation Monitoring and Reporting Program (MMRP) is included with the resolution certifying the EIR (Attachment 6).
Significant and Unavoidable Impacts
CEQA considers environmental impacts “significant and unavoidable” when there is no feasible way to substantially reduce the impacts to a less-than-significant level. The EIR identified significant and unavoidable impacts in air quality (cumulatively considerable net increase of criteria pollutant emissions during construction and for which the air basin is designated nonattainment) and Utilities (cumulatively considerable impact to wastewater services). See Attachment 4 for a summary of the significant and unavoidable impacts.
Statement of Overriding Considerations
The City Council may still approve the project if written findings can be made, based on information in the EIR and other information in the administrative record that social, economic, or other benefits outweigh the significant and unavoidable environmental impacts. The document containing the reasons for the findings is called a Statement of Overriding Considerations. The project’s Statement of Overriding Considerations (see Exhibit G to the Resolution in Attachment 6) contains a list of the benefits that the project will bring to the City in line with General Plan and ECRSP policies.
Project Alternatives
CEQA requires EIRs to describe a range of alternatives that would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project. Chapter 5 of the DEIR (Attachment 3) evaluated four alternatives: (1) no project; (C) commercial focus; (M) mixed-use focus; and (R) residential focus.
CEQA Guidelines require EIRs to identify the environmentally superior alternative to the proposed project from the alternatives analyzed. In this case, the No Project Alternative has been identified as the environmentally superior alternative, as it would not cause significant and unavoidable Air Quality impacts; however, if the No Project Alternative is found to be the environmentally superior alternative, the EIR also identifies an environmentally superior alternative from among the other alternatives. Based on review of the Alternatives, Alternative C (Commercial Focus Alternative), Alternative M (Mixed-use Alternative), and Alternative R (Residential Focus Alternative would involve similar environmental impacts. Alternative C and Alternative M would equally meet the project alternatives, while Alternative R would only partially meet the project’s objective to support local and regional-serving commercial uses that highlight the corridor’s history and support economic vitality. Accordingly, Alternatives C and M are considered environmentally superior to the proposed project. It should be noted that Alternatives C and M would be environmentally inferior to the proposed project for five environmental topical areas, as shown in Chapter 5 of the DEIR. In addition, these alternatives would not avoid the proposed project’s significant and unavoidable air quality impacts.
Water Supply Assessment
State Law (SB 610 and SB 221 from 2001) requires the preparation of a Water Supply Assessment (WSA) for amended specific plans to ensure that water supply planning has been conducted, and that planned water supplies are adequate to meet both existing demands and demands of planned development. The WSA for the ECRSP is in Appendix E of the DEIR in Attachment 3. The WSA found that the ECRSP would increase water demand within the City, but currently projected water supplies will be sufficient to meet the projected annual water demands of existing and previously approved uses, and the implementation of both projects during normal, single dry, and multiple dry years.
Determination of Adequacy
The "rule of reason standard" is applied to judicial review and EIR contents. This standard requires that an EIR show that an agency has made an objective, good-faith attempt at full disclosure. The scope of judicial review does not extend to correctness of the conclusion found in an EIR, but only the sufficiency of the EIR as an informative document for decision-makers and the public.
Staff finds that the proposed FEIR, consisting of the DEIR, comments received on the DEIR, response to comments received, the MMRP, and a list of persons and public agencies commenting on the DEIR meets the requirements of CEQA both in content and format. Should it be determined that the FEIR is not adequate, the Planning Commission or City Council may identify those areas where the document is deficient and recommend additional analysis to be prepared prior to certification.
Any changes to the mitigation measures in the FEIR may affect the accompanying determination of significance. However, the Planning Commission may proceed with recommendations on the project subject to completing additional work on the FEIR. No project-related actions may be taken (by the Council) until the FEIR is certified. Certification of the FEIR does not automatically ensure adoption of the ECRSP.
DISCUSSION
ECRSP Vision Statement and Guiding Principles
To reflect the community input received during the plan preparation process (discussed above in the Background section of this RTC), a Vision Statement and Guiding Principles were prepared.
The ECRSP Vision Statement is as follows:
The El Camino Real Specific Plan will support and enhance community-serving retail and provide significant new residential options while advancing sustainability and improving transportation safety and mobility choices.
The ECRSP Guiding Principles, which further define and provide implementation guidance for the Vision Statement and also frame the land use, circulation, and design policies in the ECRSP, are as follows:
1. Promote a balanced street system that efficiently supports a multimodal transportation network.
2. Integrate land uses into local and regional transportation plans and policies.
3. Preserve the quality of life of adjacent neighborhoods and existing community assets.
4. Create a supportive environment for small and local businesses.
5. Promote housing opportunities that meet the needs of the community.
6. Prioritize sustainability in new development. Environmentally efficient modes of transportation will be prioritized in road improvements.
Background Reports/Studies
Background reports/studies that were prepared for the project during the plan preparation process include a profile of the ECRSP area, a market study, a strategy for affordable housing and anti-displacement, and a Transportation Impact Analysis (TIA), all of which are discussed in the following sub-sections.
El Camino Real Profile (“ECR Profile”)
The ECR Profile, prepared by M-Group and released in January 2016 (Attachment 12), provides a basis to evaluate existing assets and potential opportunities in the Plan Area. This baseline analysis describes the demographics, development standards, land use and development patterns, the circulation network, and other distinct qualities of the El Camino Real corridor as of September 2015.
El Camino Real Corridor Market Study (“Market Study”)
The Market Study (Attachment 13), prepared by Land Econ Group (LEG) in January 2015 amid a very strong housing market, analyzes and identifies the following: local and regional demographic and economic context; the demand for housing along the El Camino Real corridor; strategies to encourage retail development; prevalent office space supply and demand factors; the market for hotels; and an employment forecast.
Regarding housing demand, the Market Study acknowledges the “white hot” housing market in Sunnyvale and the Greater Silicon Valley as of January 2015, notes the acceleration of building permit activity for multi-family residential developments, and supports the idea that, “If an attractive pedestrian environment can be created at street level with good urban design and offering interesting shops and restaurants, high quality condominium developments would have market support in the [Civic Center] Node and other nodes.”
Regarding commercial/retail development, the Market Study recommends the following three-pronged strategy to encourage successful retail development along the El Camino Real Corridor:
• Developing a concentration of higher end design-oriented furniture, appliance, hardware, and building materials stores to support the onslaught of office and residential construction.
• Encouraging the creation of a pedestrian retail and restaurant street or promenade with a strong design theme that is distinct from other pedestrian-oriented destinations in the region, such as Santana Row and including (the former) Sunnyvale Town Center.
• Protect and enhance the new-automobile dealerships along the Corridor and pursue additional dealerships as opportunities permit.
Affordable Housing and Anti-Displacement Strategy
The Affordable Housing and Anti-Displacement Strategy (Attachment 14), prepared by Karen Warner Associates (KWA) in January 2016, builds upon information contained in the ECR Profile and Market Study to assess housing needs and develop recommendations for consideration during the ECRSP preparation process. This report identifies housing/demographic data as well as existing City housing programs and tenant protection programs. The report also identifies implementation programs/strategies to encourage affordable housing production and anti-displacement, including the following:
• Potential New Housing Production Strategies:
o Priority Development Area Enhanced Density Bonuses
o Parking Reductions
o Site Acquisition
• Potential New Tenant Protection Strategies
o Maintenance of Existing Housing
o One-for-One Replacement
o Tenant Relocation Assistance Ordinance
o Preservation of Affordable Housing
o Anti-Displacement through Homebuyer Programs
Transportation Impact Analysis
The City contracted with Hexagon Transportation Consultants to prepare a Transportation Impact Analysis (TIA) (Attachment 15) to identify the potential long-term traffic impacts of the potential increase of 6,900 housing units studied in the EIR. The traffic analysis described in the TIA studies levels of service (LOS) for AM and PM peak hours at 56 signalized intersections located in Sunnyvale, Santa Clara, Mountain View, and Cupertino. The study intersections were selected to include locations where the proposed ECRSP is expected to generate ten or more peak-hour trips per lane.
Although a project’s effect on LOS is no longer considered an impact under CEQA, Council Policy 1.2.8 requires a LOS operational analysis to ensure intersection and roadway efficiency and to comply with the VTA’s Congestion Management Program (CMP) for both the near-term/background conditions and cumulative conditions.
The TIA identifies that proposed residential build-out of the ECRSP would generate:
• More than 100 peak hour trips.
• Adverse impacts at 17 of the 56 signalized intersections that the TIA studies; the TIA also identifies improvement options at 14 of those 17 intersections.
• Adverse impacts at freeway segments (three-AM peak hour and one-PM peak hour).
The ECRSP TIA only evaluates cumulative conditions. Therefore, in the future, developers of potential residential development projects will need to study/evaluate the proposed project under near-term/background conditions per VTA’s CMP requirements. If adverse effects are triggered by project trips to CMP facilities and major intersections are identified for the near-term/background conditions in the future, subsequent residential development projects will be required to either construct physical improvements at the affected facilities or make financial contributions towards improvements. Future projects within the Plan Area will be re quired to pay the ECRSP Transportation Impact Fee (“TIF”), discussed in the Fiscal Impact section below, which would constitute the ECRSP fair share contribution to relieving traffic congestion and improving transit travel times.
Additionally, based on the TIA, Department of Public Works staff have prepared an ECRSP TIF Nexus Study (Attachment 16), which explains the basis of and calculation of the proposed ECRSP TIF.
Since the commencement of the studies for El Camino Real Specific Plan, the focus on transportation assessment has expanded to include reductions to Vehicle Miles Traveled (VMT). Providing mixed-use sites along El Camino Real supports a reduction in VMT not only for new residents along the corridor, but also by preserving convenient neighborhood shopping options for other Sunnyvale residents. Supporting mixed-use along with amenities for pedestrian and bicycles along the corridor will contribute to limiting, and in many cases reducing, VMT.
Plan Overview
Based on the findings in the reports and studies discussed above, and to reflect the residential and commercial development levels that are studied in the EIR, staff prepared a draft ECRSP, the foundation of which is described in the following sub-sections.
Node/Segment Approach
The organizing framework in the ECRSP is a series of four neighborhoods (or “nodes”), connected by three linear “segments,” shown in the following map and described below:
Nodes are the ECRSP Area properties generally in the vicinity of El Camino Real’s intersections with key cross streets. The Nodes (and their key cross streets) are:
• Bernardo Gateway Node (Bernardo Avenue)
• Civic Center Node (Pastoria/Hollenbeck Avenues, Mathilda Avenue, Sunnyvale Avenue/Sunnyvale Saratoga Road)
• Orchard District Node (Fair Oaks Avenue/Remington Drive)
• Three Points Neighborhood Node (Wolfe Road/Fremont Avenue)
The nodes are characterized as high-density, multi-use community focal points where residents and visitors can shop, dine, and access transit.
There are three segments in the ECRSP Area:
• West Segment
• Center Segment
• East Segment
The segments serve as important linkages between the four nodes. The segments have historically been developed with automobile-oriented businesses providing primarily retail and service opportunities along the corridor. There are several physical constraints (such as limited lot width and depth) or development issues associated with many of the parcels in the segments, which make them less suited for residential redevelopment. Due to these constraints, residential mixed-use redevelopment in the corridor segments is only allowed on key parcels within the Center and East Segments.
The node/segment approach outlined in the ECRSP serves as a modification to the current approach, which identifies general node boundaries that are not tied to specific properties. The new approach specifically delineates which node/segment applies to each property. The ECRSP and implementing ordinances also distinguish between applicable development standards for residential mixed-use development in nodes and segments, including maximum building height (75 feet in nodes and 55 feet in segments), minimum percentage of building frontage required at build-to/front setback line, among others.
ECRSP Zoning Districts
In addition to the node/segment approach discussed above, the ECRSP also establishes new zoning district designations for all ECRSP Area properties, as shown in Attachment 8. These new zoning districts are described below:
• El Camino Real - Commercial (ECR-C): The ECR-C zoning district is reserved for the construction, use, and occupancy of commercial-only development and does not permit residential development. Office mixed-use (office and commercial) development may also be considered in this zoning district, provided there is sufficient commercial/retail on the ground floor.
• El Camino Real - Mixed Use (ECR-MU): The ECR-MU zoning district is reserved for the construction, use, and occupancy of residential mixed-use development, primarily located in the nodes. This zoning district comprises five different density classifications (discussed below), which permit a range of multi-family residential mixed-use development types. The ECR-MU also requires a certain percentage of the ground floor to be set-aside for commercial/retail development.
• The remaining four new ECRSP zoning district designations (ECR-O - Office, ECR-PF - Public Facilities, ECR-R3 - Medium Density Residential, and ECR-R4 - High Density Residential) will replace existing base zoning districts (O, PF, R-3, and R-4, respectively) for Plan Area properties only. These four new zoning districts only slightly modify existing base zoning standards, which will still apply, except in the following cases (when new ECRSP standards shall apply):
o Permitted Uses (residential uses will not be permitted here): ECR-O, ECR-PF.
o Daylight Plane (discussed below): ECR-O, ECR-PF, ECR-R3, ECR-R4.
Re-Zoning and Land Use Changes
The Proposed General Plan Land Use Map (Figure 3-10 in Attachment 6) identifies the Land Use Designation for the ECRSP area as El Camino Real Specific Plan, which allows regional, community, or employment-serving retail uses sometimes in conjunction with residential uses on designated parcels. Other mapping figures that have been updated to reflect the ECRSP Land Use Designation are also included in Attachment 6. To implement this designation and further refine the proposed land uses, the ECRSP contains land use types, as described in Chapter 4 of the ECRSP (Attachment 3).
Most properties currently with an existing C-2 zoning designation will have one of the new ECRSP zoning district designations described above. Other properties (see tables below) are recommended for rezoning or removal from the ECRSP Area altogether.
The properties listed in the following table are currently included within the Precise Plan for El Camino Real area, but are developed with only residential uses, are not located directly on El Camino Real, and in some cases, have a zoning designation that is not directly tied to the future goals and policies of the plan. As such, these parcels will be removed from the El Camino Real Specific Plan area and associated combining district and given land use designations/zoning designations that mirror the existing development on the site.
Land Use Designation Changes for Properties Currently within the Plan Area
The properties listed in this second table have an existing land use designation of Corridor Mixed Use, a LUTE designation that only exists within or directly adjacent to the plan area. This land use designation will be modified with the adoption of the ECRSP to cover the properties within the plan area only. Two properties that are not within the plan area, and are not zoned for, or developed with, mixed use will have their land use designations modified to be consistent with the zoning of the respective property.
Land Use Designation Changes for Properties Currently Designated Corridor Mixed Use
Commercial Area Requirements for Mixed-Use Development
Commercial-only development will continue to be permitted in most of the ECRSP Area. Residential/commercial mixed-use development will only be permitted in the ECR-MU zoning districts. Office mixed-use development (no residential however commercial retail would be allowed) will only be permitted in the ECR-O zoning district.
The ECRSP and implementing Zoning Code updates will require that all future mixed-use developments in the ECR-MU zoning districts set aside a portion of the ground floor for commercial area. This ECRSP provision is intended to help retain (to the extent possible) existing commercial/retail levels in the Plan Area, encourage development types that are oriented towards El Camino Real and connector streets, enhance visibility of commercial and retail uses, and promote a more pedestrian-friendly environment. Requiring a minimum commercial component on mixed-use sites will help provide neighborhood serving uses thus reducing vehicle miles traveled and limiting adverse impacts to the environment.
The minimum amount of ground floor commercial/retail area that is required in a mixed-use development is determined by identifying whichever is greater of the following factors (identified in Table 2 below):
• Lot size range (identified below); or,
• A fraction of the length of property frontage along El Camino Real (feet) multiplied by 50.
Table 2: Minimum Ground Floor Commercial Area Requirements for Mixed-Use Development
1. If the floor area values/calculations presented above yield a value that is over 20% of the lot size (FAR), the developer may choose to cap the commercial area at 20% for the site.
2. If a property has no frontage along El Camino Real, the commercial area may be capped at 10% of the lot size.
Permitted Residential Densities in Residential Mixed-Use Development
As discussed in the Background section of this RTC, recent changes in State law such as SB 330 required revisions to the residential density structure. In response to these changes, staff prepared an approach to residential density that delineates a required “base maximum density” for residential mixed-use development projects. The base maximum density is the allowable dwelling units per acre (du/acre) for residential mixed-use development in the ECR-MU zoning districts.
Table 3 identifies the base maximum densities for the ECR-MU zoning districts. Also identified are the total number of density incentive points (also represented by du/acre) available when a developer participates in the ECRSP Community Benefits/Incentives Program, which is explained in detail in the sub-section below.
Table 3: Permitted Densities in ECR-MU Zoning Districts
All new residential development in the ECRSP Area will be required to build to at least 85% of the zoning district’s base maximum zoning density.
Additional densities may be achieved above the base maximum density:
• through the City’s Green Building Program;
• through the ECRSP Community Benefits/Incentives Program (discussed below); and,
• by providing affordable housing consistent with the State Density Bonus Law.
When calculating additional densities above the base maximum density, the following order of operations shall apply:
1) Apply the density bonus percentage through the City’s Green Building Program;
2) Add the inventive points gained through the ECRSP Community Benefits/Incentives Program; and,
3) Apply the allowed State Density Bonus percentage.
ECRSP Community Benefits/Incentive Program
The ECRSP Community Benefits/Incentive Program (“CBP,” see Exhibit F to the Resolution in Attachment 6) allows a property owner to develop a property beyond the base maximum density (only applicable for residential mixed-use developments) in exchange for providing certain community benefits (identified below) that advance the goals of the ECRSP. Participation in the CBP is voluntary; property owners/developers seeking a higher permitted residential density may choose to participate through providing certain eligible incentives, and at the level that best suits their business plans and economic goals. The CBP is a separate document from the ECRSP and is designed to be updated over time (via resolution and adopted by the City Council) as City priorities change.
The CBP identifies a list of defined incentives, which includes provisions for the following community benefits:
• Very low-income housing unit percentages in excess of the maximum eligibility level for a state density bonus.
• Additional commercial/retail space above the minimum required.
• Publicly-accessible and privately maintained open space beyond the minimum requirement.
• Public bicycle/pedestrian connector pathways on certain Plan Area properties that have frontages on more than one public street.
• Bicycle parking above required minimums.
• Podium parking configuration for at least 85% of required parking.
• Public art installment or payment of art in-lieu fee.
• Sustainability features such as installation of EV chargers and zero energy/carbon buildings.
• Annual transit passes with Caltrain or VTA for residents of rental-only residential projects.
There is a specified amount of density points for each defined incentive, as well as the criteria that must be met to obtain the density points, including timing checkpoints in the different parts of the development process. The project’s conditions of approval will also require the physical provision of identified incentives. The list of development incentives is broken down by category, with maximums for all categories to ensure a more balanced provision of incentives. There is also a maximum number of total achievable incentive points for a project, specified by each ECR-MU zoning district.
Depending on the total number of incentive points a project achieves through provision of community benefits in the CBP, a project may achieve densities ranging from 30 to 74 du/ac, depending on the zoning district. Additionally, if an applicant proposes affordable units under the State Density Bonus Law, the bonus percentage provided under state law is added to the highest density obtained with incentive points for the project. Alternatively, if the applicant does not propose to use local incentive points, the State Density bonus allowance is added to the base maximum density. Additional potential densities that may be achieved through the State Density Bonus Law are not listed in Table 3 above because of the voluntary nature of the program and varying percentages by participating projects.
The CBP explains the revised density structure where all new residential development can build to the base maximum density and additional voluntary tiers may be used to gain additional units through the City’s Green Building Program, the CBP, and the State Density Bonus Law. Examples of density calculations are provided in the attached CBP to help illustrate potential project unit counts.
Theoretical vs. Assumed Residential Build-Out. Certain assumptions must be made when assigning land use designations to individual properties so that the number of units built does not significantly exceed the number studied in the EIR. Therefore, staff applied the following assumptions to the analysis of residential build-out for future residential mixed-use developments:
• All ECR-MU properties would potentially build to the permitted base maximum density.
• Developments would likely provide incentives, and receive applicable density bonuses, for 50% of eligible community benefits points, on average.
• Developments would likely provide enough affordable housing to be eligible for a 20% density bonus (on average) through participation in the State Density Bonus Program.
While it is possible that some properties will exceed the aforementioned assumptions related to participation in the ECRSP CBP and State Density Bonus Program, it is unlikely that density bonuses will be maximized on every future residential mixed-use development. Regardless, in order to ensure that development levels for the entire Plan Area do not exceed the number of residential units studied in the EIR, staff will continuously track/monitor approvals of new developments that have a residential component and will conduct future environmental review when needed.
Objective Standards for Protecting Existing Neighborhoods
In order to minimize the potential visual impacts that new development in the ECRSP Area may have on existing adjacent/nearby low density residential neighborhoods, the ECRSP only re-zones ECR-MU sites with the highest base maximum densities (i.e., 42-54 du/acre) in the nodes, where they tend to be located away from existing single-family development. In most cases, ECR-MU42/54 sites are bounded by public rights of way (El Camino Real and/or other connector streets) or by existing commercial or multi-family residential developments.
In addition, the ECRSP also provides the following objective development standards for new construction:
1. Daylight Plane: Daylight plane is a building height limitation that, when combined with the maximum building height limit, defines the allowable building envelope within which all new structures or additions must be contained. Daylight plane is represented by an angle that is measured from the rear or side yard property line when a Plan Area property is adjacent to a non-Plan Area property.
2. Maximum Height: Maximum building height for new mixed-use development is limited to four stories in the segments and six stories in the nodes.
3. Frontage Zone Setback (Build-to Line): In the nodes, a minimum of 80% of the building frontage (in mixed-use developments) will be required to be located towards the lot frontage (at the “build-to” line). In the segments, this requirement is 60%. This standard helps orient building forms away from the rear of ECRSP Area properties when they are adjacent to non-ECRSP Area properties.
4. Building Stepback: Building frontages for mixed-use buildings in node properties will be required to step back at least ten feet from the build-to line on the fifth story and above. This requirement for segment properties is at least five feet for the fourth story and above.
Implementation Items
As identified in Chapter 8 (Implementation) of the ECRSP, next steps in the implementation process include considering the following:
• Preparing and adopting a Sense of Place Plan for the ECRSP Area to study additional streetscape enhancements, including:
o Gateway and wayfinding signage.
o Upgraded bus stop amenities in coordination with the Valley Transportation Authority (VTA).
o Street furniture and applicable easements and maintenance agreements.
o Mid-block pedestrian crossings.
o Commemorative historical marker, plaque, or other form of recognition of the indigenous peoples and communities native to the region.
• Initiate coordination with partner agencies to accelerate Plan improvements, including:
o Caltrans for right-of-way improvements along El Camino Real as identified in the TIA.
o Cities of Santa Clara and Mountain View to coordinate development phasing, transportation, and public infrastructure improvements, when possible.
• When eligible, submit applications for grant funding for detailed planning, design, and capital improvements identified in the ECRSP.
Sunnyvale Municipal Code Text Amendments
Amendments to Title 19 Zoning and Title 3 Revenue and Finance of the Sunnyvale Municipal Code are proposed to provide consistency with the ECRSP. These amendments are summarized below with the full zoning text found in Attachment 8.
The major proposed amendments to the Sunnyvale Municipal Code include the following:
• Chapter 19.08 (Grant of Landscape Easements Along El Camino Real and Mathilda Avenue)
Repeal this chapter in its entirety as it is no longer necessary.
• Chapter 19.16 (Precise Zoning Plans - Zoning Districts - Zoning Maps)
Add new zoning districts (ECR-C, ECR-MU, ECR-O, ECR-PF, ECR-R3, and ECR-R4).
• Chapter 19.26 (Combining Districts)
Repeal sections 19.26.140 through 19.26.170 to eliminate the ECR combining district.
• Chapter 19.34 (Front, Side, and Rear Yards)
Remove front yard standards and vision triangle exemptions relative to El Camino Real, as new development standards in Chapter 19.36 (see below) will govern the new ECRSP zoning districts.
• Chapter 19.36 (El Camino Real Specific Plan District)
New chapter that establishes the ECRSP zoning districts, node and segment classifications, permitted development types and uses, residential density requirements for mixed-use development, objective development standards, parking standards, and landscape and open space standards.
• Chapter 19.46 (Parking)
Revisions to procedures for City review of shared parking requests, to clarify that shared parking requests are considered as part of the Use Permit or Special Development Permit process.
• Chapter 19.54 (Wireless Telecommunication Facilities)
Update Section 19.54.080 (Telecommunications Facilities Permits) to add the new ECRSP zoning districts to the permit tables.
• Chapter 19.56 (Alternative Energy Systems)
Update Section 19.56.020 (Solar Energy Systems - Impairment of Solar Access by Structures) to include ECRSP zoning districts as exempt from a solar shading analysis on other properties within the ECRSP. The modifications would still require solar analysis to be performed when a redevelopment is proposed on a ECRSP property that is adjacent to a property that is not within the ECRSP area.
• Chapter 19.90 (Special Development Permits)
Update Section 19.90.010 (Purpose) to reference the new ECRSP zoning districts.
• Minor revisions to other sections to update references to the ECRSP
• Chapter 3.54 (ECRSP Transportation Impact Fee)
New chapter in Title 3 (Revenue and Finance), which establishes a Transportation Impact Fee that will be imposed on net new residential, commercial, office and hotel development in the ECRSP district. Pursuant to state law, traffic impact fees must be imposed by ordinance, while other fees can be adopted by resolution.
Feedback on Draft ECRSP
Community feedback on the draft plan includes City Council members, Commission members and members of the public. The comments are organized into five general topics and summarized and discussed in greater detail in Attachment 21; the discussion includes staff comments and recommendations. Full copies of written comments are in Attachment 20.
1. Residential Uses
2. Commercial Uses
3. Circulation
4. Open Space
5. Other
Recommended Modifications to the Public Draft ECRSP
To reflect input received from the public and discussed at the various Commission/Committee public hearings during the EIR review period, staff has identified the need for revisions to the ECRSP public draft. Such changes are included in Attachment 22 and include, but are not limited to, the following:
• Refining and clarifying definitions of certain ECRSP-specific terms and development standards.
• Adjusting references to the various ECRSP land use and zoning designations to be consistent with concurrent revisions to the SMC and LUTE.
• Revising the permitted use table to permit convalescent hospital/inpatient rehabilitation hospital uses in certain ECR-MU districts as an auxiliary use.
• Adjusting the requirement for amount of useable open space in ECR-MU districts with a base maximum density of 42 du/acre and above.
• Increasing the minimum bicycle parking requirement.
• Amending the policy regarding on-street parking to require removal of frontage parking when a site redevelops.
• Modifying incentive points for transit passes.
• Adding requirement for bus stops to be upgraded to include bus shelters and other rider amenities.
• Modifying recommended zoning on four sites (also discussed below under Option A and Option B).
• Revising maximum height for commercial development with high ground level floor plates,
• Other general text edits for clarity as outlined in detail in Attachment 22.
Options to Consider: Alternative Land Use Plans
Based on feedback from City Council and the community, staff has prepared two alternatives/options to the land use/zoning plan that adjust the assumptions related to the number of properties zoned for commercial-only development and base maximum densities on the ECR-MU54 sites. Option A focuses on retaining a few additional sites for commercial only, while Option B considers reducing the highest density zoning district (ECR-MU54). Council may elect to choose one, both, or neither of these options, which are described below.
Option A - Retain More Commercial Sites
Staff received inquiries from City Council at the January 4, 2022 Study Session about four sites that are identified as ECR-MU in the ECRSP, asking whether they should retain their commercial-only zoning. These inquiries are regarding the following four sites:
• Northwest corner of El Camino Real and Wolfe Road
• Northeast corner of El Camino Real and Wolfe Road),
• Southwest corner of El Camino Real and Henderson Avenue), and
• Northeast corner of El Camino Real and Henderson Avenue).
A map showing all four sites was prepared for the May 10, 2022 City Council Study Session and is available in Attachment 19.
In addition, a community member expressed interest in retaining the Golfland use on a site that is shown as mixed use in the draft plan. Also, property owner of a shopping center (near Wolfe Rd and El Camino Real), that is proposed for ECR-C and ECR-MU, has expressed interest in retaining more of the existing commercial space, if additional housing could be achieved on the remainder of the property. This concept is discussed in Attachment 21.
Staff recommends that if the Council wants to preserve more sites for commercial-only zoning, then three of the four original sites (excluding the 905 E El Camino Real/1228-1248 S Wolfe Road sites) should be considered for an ECR-C zoning designation. This action would potentially reduce the base housing unit count by 247 units and the assumed number of housing units by 343. If the Golfland site (855 E El Camino Real) is desired for commercial-only, then the base housing units would be reduced by 101 units and the assumed housing units by 142.
See Attachment 19 (Option A) for details and comments on each site.
If the City Council modifies these sites to commercial only, the residential development potential of those sites can be assigned to other sites in the corridor provided the receiver site is within the same or an adjacent segment or node.
Option B - Reduce Density on the ECR-MU54 Zoning Sites
Staff received concerns from some Councilmembers at the January 4, 2022 Study Session about the seven areas in the Plan Area that are proposed for ECR-MU54 and whether that density is too high once eligible density bonuses are applied. A general review of these sites and associated staff recommendations are as follows:
• The ECR-MU54 site that is furthest east in the Plan Area (the Murphy Station Apartments site at 1008 E El Camino Real) is currently developed with a density of 54 units per acre, however, 20% of the residential units are affordable units. Under the State Housing Bonus Law, a similar project could be achieved if the site was in the ECR-MU33 zoning district. As such, staff recommends modifying this ECR-MU54 designation to ECR-MU33.
• For the remaining ECR-MU54 sites (numbered 1-8 in Attachment 19), the Council may wish to consider the following options:
I. Changing the base maximum density from 54 to 42, which would incorporate the ECR-MU54 zoning district into the ECR-MU42 zoning district. This would also reduce the overall ECRSP base housing units by 554 units and assumed number of units by 824. See Attachment 19 for details and comments about each site. If the Council eliminates the ECR-MU54 land use designation, adjustments to the plan and ordinance would need to be included in the motion as the removal of references to ECR-MU54 would be necessary.
II. Changing the base maximum density to another density that falls between 42 and 54 (e.g., 48 dwelling units per acre). Such a change would affect the buildout by 265 base units and the assumed to 309 units. This modification would also need to be included in the motion and would result in modifications to the draft ECRSP and draft ordinance to change the number in the zoning district.
FISCAL IMPACT
The ECRSP project will assist the City in formulating additional potential revenue and new fees. Due to the potential new development from the residential and commercial projects, an increase of City’s revenue, such as property tax, sales tax, construction tax, etc. may be realized. Most of these revenues are General Fund revenues, which could be used to support services provided to the City as a whole. The ECRSP Market Study shows that the market will support new residential units and commercial/office/hotel uses, which should result in a net increase in revenue to the City.
New development would pay Transportation Impact Fees (TIF) for net new trips, Housing Mitigation Fees for net new nonresidential development, and Park Dedication or payment of In-Lieu Fees for residential uses when building permits are issued or Final Maps are approved.
Two proposed new fees (ECRSP TIF and ECRSP Maintenance Fee) will be calculated upon submittal of a complete building permit application and collected at building permit issuance under the ECRSP (Attachment 7). The total expected revenue from these new fees is unknown at this time. However, to provide some perspective as to the order of magnitude of potential fees, with additional 6,900 residential units, the potential revenue that would be collected from the ECRSP Transportation Impact Fee would be about $279,000 ($ 40.48 per residential unit). Additionally, a plan maintenance fee of 0.17% of total construction valuation is proposed to apply to subsequent building permits that will be used to reimburse the City for the cost of preparing the ECRSP and staff time involved in the upkeep of the document during its lifetime. Applicants of new residential development would also pay fees to their respective school district(s).
Subsequent development projects are anticipated to provide community benefits in line with the ECRSP CBP, which include physical construction of higher levels of commercial tenant spaces, affordable housing, sustainability features, and publicly accessible improvements in the area.
PUBLIC CONTACT
Public contact was made by posting the Commission agenda on the City's official-notice bulletin board outside City Hall and on the City's website. Notice of the hearing was also published in the Sun newspaper and notices mailed to property owners and tenants within 2,000 feet of the ECRSP boundary (see the Vicinity and Noticing Map in Attachment 23). Public contact efforts are listed below.
EIR
• Notice of Preparation: October 30, 2017 to December 1, 2017
• EIR Scoping Meeting: November 9, 2017
• Notice of Availability: March 11, 2022 to April 25, 2022
• Draft EIR: Physical copies provided at the Reference Section of the City’s Public Library, Community Center, and the City’s One Stop Permit Center
• Sustainability Commission: April 18, 2022
• Housing and Human Services Commission: April 20, 2022
• Bicycle and Pedestrian Advisory Commission: April 21, 2022
• Planning Commission public hearing on DEIR: April 25, 2022
• FEIR was released for public review on June 10, 2022
Outreach/Announcements
• El Camino Real Plan Advisory Committee (ECRPAC) - Twelve board/commission members, business owners, and community members were selected and appointed by the City Council in 2015.
o Nine meetings of the ECRPAC were held between September 16, 2015, and May 2, 2022 to discuss and solicit feedback on land use concepts, development standards, and various other plan elements. A summary of comments received at the May 2, 2022 ECRPAC meeting is included in Attachment 18.
• Native American Tribal Consultation under SB 18 and AB 52: letters sent by certified mail on October 30, 2017.
o The City received a request for consultation from Valentin Lopez, Chairman of the Amah Mutsun Tribal Band and met with Mr. Lopez on January 16, 2018. A summary of the meeting discussion was sent to Mr. Lopez following the meeting (Attachment 17).
• ECRSP Community Outreach Meeting: September 8, 2016
• ECRSP Outreach with Business Owners: October 24, 2016
• ECRSP Pop Up Community Outreach Meetings:
o State of the City: September 12, 2015
o Sunnyvale Farmer’s Market: October 10, 2015
o Sunnyvale Library: November 19, 2016
• Online posting of Draft ECRSP, DEIR, Draft ECRSP CBP, and Municipal Code text amendments (March 2022)
• Online posting of FEIR, Final Draft ECRSP, Draft ECRSP Community Benefits/Development Incentives Program, General Plan, and Municipal Code text amendments, and staff report (June 2022)
• Mail and e-mail notification to list of interested parties and property owners/residents within 2,000 feet of the plan area boundaries
• Update Sunnyvale announcements
• ECRSP webpage updates
Planning Commission Study Sessions
Four study sessions with the Planning Commission have been held for the ECRSP: September 12, 2016, March 26, 2018, June 25, 2018, and April 25, 2022. A summary of comments received at the April 25, 2022 study session is included in Attachment 18. During the study sessions, staff shared further refinements of the plan and development concepts for feedback while also discussing new legislation that has modified the approach for the ECRSP. Commissioners offered comments on development density, development incentives, pedestrian and bicycle improvements, and the desire for enhanced architecture. Public comments consisted of support for increased housing, concern over increases in traffic, and concerns about the ECRSP’s impacts on existing low-density neighborhoods in proximity to the plan area.
City Council Study Sessions
Five study sessions with the City Council have been held for the ECRSP: September 13, 2016, April 24, 2018, July 31, 2018, January 4, 2022, and May 10, 2022. A summary of comments received at the May 10, 2022 study session is included in Attachment 18. Similarly, to the Planning Commission study sessions, staff shared development concepts for feedback and explained new legislation and the impacts it has had on the planning process for the plan. Councilmembers provided comments/concerns on density along the corridor, the desire to retain commercial uses, development incentives to include in the incentive program, and stressed the protection of adjacent low-density neighborhoods. Public comment echoed what was received at the Planning Commission study sessions (support for more housing units, concerns over traffic, and the plan’s impact on adjacent low-density neighborhoods).
Planning Commission Public Hearing
Notice of Public Hearing, Staff Report and Agenda:
• Published in the Sun newspaper.
• Posted on the City of Sunnyvale's Web site.
• Agenda posted on the City's official notice bulletin board.
• 20,904 notices were mailed to property owners and tenants within 2,000 feet of the ECRSP boundary.
• Email notices sent to interested parties and outside agencies.
As of the date of staff report preparation, staff has received 35 letters/e-mails from the public on the draft ECRSP. EIR related comments received during the public review period of the DEIR are included in the FEIR (see link in Attachment 3).
ALTERNATIVES
Forward a recommendation on related items associated with the El Camino Real Specific Plan (ECRSP) to the City Council:
1. Approve related actions associated with adoption of the ECRSP: Adopt 2 resolutions and introduce 3 ordinances (Attachments 6, 7, 8, 9 and 10 to this report)
A. Adopt a Resolution (Attachment 6) to
i. Certify the EIR;
ii. Make the findings required by CEQA;
iii. Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program;
iv. Adopt the Water Supply Assessment;
v. Adopt the ECRSP, including text changes detailed in Attachment 22;
vi. Amend the General Plan text and General Plan Map; and
vii. Adopt the ECRSP Community Benefits Program (CBP).
B. Adopt a Resolution (Attachment 7) to: Amend the Fiscal Year 2022/23 Master Fee Schedule) to add the ECRSP Plan Fee and ECRSP Transportation Impact Fee (TIF).
C. Introduce an Ordinance (Attachment 8) to:
i. Amend SMC Chapters/Sections:
a. 19.16.020 (Zoning Districts-Creation),
b. 19.34.040(c) (Front yard- Average and reduction),
c. 19.34.060(b)(2) (Vision Triangles),
d. 19.44 (Sign Code)
e. 19.46.100 (Shared Parking),
f. 19.54 (Wireless Telecommunication Facilities),
g. 19.56 (Solar Energy Systems), and
h. 19.90.010 (Special Development Permits - Purpose).
ii. Add SMC Chapters
a. 19.36 (El Camino Real Specific Plan District) to Title 19 (Zoning) and
b. 3.54 (ECRSP Transportation Impact Fee) to Title 3 (Revenue and Finance);
iii. Repeal SMC Chapters/Sections:
a. 19.08 (Grant of Landscape Easements Along El Camino Real and Mathilda Avenue) and
b. 19.26.140-170 (Precise Plan for El Camino Real) of Chapter 19.26 (Combining Districts) in Title 19 (Zoning); and
iv. Amend the Zoning Plan Districts Map and re-zone parcels currently within the new ECRSP district.
D. Introduce an Ordinance (Attachment 9) to Re-Zone Certain Properties Located at 510, 530, 550, And 570 Fall River Terrace From C2/PD (Highway Business/Planned Development) To R-3/PD (Medium Density Residential/Planned Development), and find that the Action is Exempt from CEQA.
E. Introduce an Ordinance (Attachment 10) to Re-Zone Certain Properties Located at 1075, 1079, 1080, 1083, 1084, 1087, and 1088 Ed Roth Terrace From C2/ECR (Highway Business/El Camino Real) To R-3/PD (Medium Density Residential/Planned Development), and Find that the Action is Exempt from CEQA.
2. Alternative 1 with modifications:
1. Reduce the number of mixed-use sites (Option A in Attachment 19)
2. Reduce the highest density zoning from MU-54 to MU-48 (Option B in Attachment 19)
3. Other modifications identified by the City Council
3. Take no action on the ECRSP and provide direction on desired changes.
RECOMMENDATION
Recommendation
Recommend Alternative 1 to City Council: Approve related actions associated with adoption of the El Camino Real Specific Plan (ECRSP) which are to adopt 2 resolutions and introduce 3 ordinances (Attachments 6, 7, 8, 9 and 10 to this report).
The ECRSP responds to the need for more housing in Sunnyvale with increased residential development along the City’s primary commercial corridor and near bus service, fulfilling City priorities to increase transit use, reduce single-occupant vehicle trips, and lessen greenhouse gas emissions. With the increased residential development potential, there is still the ability to construct mixed-use development close to community-serving commercial/retail uses. Residential development would provide needed community benefits such as additional affordable housing units, increased ground floor commercial/retail area, and open space in exchange for higher densities. The promotion of the State Density Bonus in the plan area’s density structure may also result in more affordable housing than is required by the City’s standard inclusionary affordable housing requirements.
Further, staff recommends that all of the Council actions be effective on the same date, 60 days after the initial Council action. While resolutions are typically effective immediately, development fees are not effective for 60 days. Ordinances are not effective until 30 days after the second reading of an ordinance (often a total of 44 days). Making all documents effective at the same time will reduce confusion about what is applicable should a formal application be submitted before all of the policies and regulations take effect.
Staff
Prepared by: Jeffrey Cucinotta, Senior Planner
Reviewed by: Amber Blizinski, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director of Community Development
Reviewed by: Jennifer Ng, Assistant Director of Public Works
Reviewed by: Tim Kirby, Director of Finance
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1) Reserved for Report to Council
2) Relevant General Plan Goals and Policies
3) Link to Online Documents:
a) 2007 Precise Plan for El Camino Real
b) Specific Plan Project Website
i) Draft El Camino Real Specific Plan
ii) Draft EIR and Appendices
iii) Final EIR and Appendices
4) Summary of EIR Significant and Unavoidable Impacts
5) Summary of EIR Mitigation Measures
6) Draft Resolution to (Certify EIR, Adopt Mitigation and Monitoring Reporting Program, Repeal PPECR, Adopt ECRSP, Amend General Plan, and Adopt Community Benefits/Incentives Program)
7) Draft Resolution to Amend Master Fee Schedule
8) Draft Ordinance Amending Sunnyvale Municipal Code (Title 3 and Title 19) and Amending the Zoning Plan Districts Map and re-zone parcels within the new ECRSP district.
9) Draft Ordinance Re-Zone Certain Properties on Fall River Terrace
10) Draft Ordinance Re-Zone Certain Properties on Ed Roth Terrace
11) ECRSP Area General Plan Land Use and Zoning Maps (Existing June 2022)
12) ECR Profile (January 2016)
13) Market Study
14) Affordable Housing and Anti-Displacement Strategy
15) Transportation Impact Analysis
16) ECRSP TIF Nexus Study
17) Native American Tribal Consultation Correspondence
18) Summary of Comments from City Commissions and City Council:
a) Various Commissions (Sustainability, Housing and Human Service, Bicycle and Pedestrian Advisory, Planning), April 2022
b) ECRPAC, May 2, 2022
c) City Council Study Session May 10, 2022
19) Land Use Alternatives
a) Option A Map (Reduction of Mixed-Use Sites)
b) Option B Map (Reduction of ECR-MU54 Sites)
20) Public Comment Letters on Draft: Plan, Ordinances and Community Benefit Program
21) Summary of Public Comments with Staff Response
22) Staff Recommended Changes to Draft ECRSP and Zoning Code
23) Noticing and Vicinity Map