REPORT TO COUNCIL
SUBJECT
Title
Adopt Two (2) Urgency Interim Ordinances and Introduce Three (3) Ordinances Amending Titles 16 (Buildings and Construction) and 19 (Zoning) of the Sunnyvale Municipal Code Related to new State Legislation on Accessory Dwelling Units, Parking Minimums, and Large Family Child Care Homes and Find that the Action is Exempt from the California Environmental Quality Act Pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d) (Planning File Number 2022-7711)
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on November 28, 2022. No members of the public spoke on the item. The draft excerpt meeting minutes are in Attachment 10.
The Planning Commission voted 6-0, with Commissioner Howard absent, to recommend approval of the staff recommendation (Alternatives 1, 2, and 3 to adopt ordinances relating to Accessory Dwelling Units, Parking and Large Family Day Care) with no modifications.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Public Library, Senior Center, Community Center and in the Department of Public Safety Lobby. In addition, the agenda and report are available at the Sunnyvale Public Library, Office of the City Clerk, and on the City's website.
ALTERNATIVES
1. Actions pertaining to Accessory Dwelling Units
a. Adopt the Urgency Interim Ordinance (Attachment 2) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Accessory Dwelling Units.
b. Introduce the Ordinance (Attachment 3) Amending Titles 16 (Building and Construction) and 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Accessory Dwelling Units.
c. Find that these actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d).
2. Actions pertaining to Parking
a. Adopt the Urgency Interim Ordinance (Attachment 4) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Parking Minimums.
b. Introduce the Ordinance (Attachment 5) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Parking Minimums.
c. Find that these actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d).
3. Introduce the Ordinance (Attachment 6) Amending Title 19 (Zoning) related to Large Family Child Care Homes and find that the action is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d).
4. Alternatives 1, 2 and 3 with modifications to any of the above ordinances.
5. Do not introduce one or more of the ordinances and provide feedback on desired changes.
STAFF RECOMMENDATION
Recommendation
Alternatives 1, 2 and 3:
1.a) Adopt the Urgency Interim Ordinance (Attachment 2 to this report) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Accessory Dwelling Units; 1.b) Introduce the Ordinance (Attachment 3 to this report) Amending Titles 16 (Building and Construction) and 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Accessory Dwelling Units; and 1.c) Find that these actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d).
2.a) Adopt the Urgency Interim Ordinance (Attachment 4 to this report) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Parking Minimums; 2.b) Introduce the Ordinance (Attachment 5 to this report) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to New State Legislation on Parking Minimums; and 2.c) Find that these actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d).
3. Introduce the Ordinance (Attachment 6 to this report) Amending Title 19 (Zoning) related to Large Family Child Care Homes and find that the action is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15378(b)(5), Public Resources Codes Section 21080.17 and Health & Safety Code Section 1597.45(d).
Codifying State legislation into the Sunnyvale Municipal Code assists the community in understanding project requirements without needing to additionally consult with the State Government Code. These modifications will also help staff stay current on legislative changes and assure that accurate information is presented to the public.
Staff
Prepared by: Amber Blizinski, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director, Community Development
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Report to Planning Commission [22-1033, November 28, 2022] (without attachments)
2. Draft Urgency Ordinance re ADUs (tract changes version included behind regular ordinance)
3. Draft Ordinance re ADUs (tract changes version included behind regular ordinance)
4. Draft Urgency Ordinance re Parking Minimums
5. Draft Ordinance re Parking Minimums
6. Draft Ordinance re Large Family Child Care
7. Links to Senate Bills 897 and 234 and Assembly Bills 2097 and 2221
8. Map Showing Major Transit Stops with 1/2 Mile Buffer for Parking
9. Map Showing Major Transit Stops and High-Quality Transit Corridors with 1/2 Mile Buffer for ADUs
Additional Attachments for Report to Council
10. Excerpt of Draft Minutes of the Planning Commission Meeting of November 28, 2022