REPORT TO COUNCIL
SUBJECT
Title
Adopt an Interim Urgency Ordinance to Extend the Urgency Ordinance Adopted on January 4, 2022 to February 24, 2022 to Amend Title 19 (Zoning) of the Sunnyvale Municipal Code Related to New State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts and Find that the Action is Exempt from the California Environmental Quality Act
Report
BACKGROUND
The Legislature has proposed several housing bills over the last few years aimed at eliminating single-family zoning or creating “missing middle” housing due to the housing shortage in California. Previous bills failed to pass the Legislature or were vetoed. However, the most recent bill, SB 9, was signed by the Governor on September 16, 2021. The proposed updates to the Sunnyvale Zoning Code (Title 19) and the Subdivision Code (Title 18) would codify requirements from SB 9, tighten up some of the existing objective development standards, and add new objective design standards so the City is able to maintain some local control over the processes and procedures associated with the requirement to allow this new form of development in single-family zoning districts. The new State legislation went into effect on January 1, 2022. As with the 2019 ADU legislation, SB 9 contains a number of unclear or ambiguous provisions that will likely be clarified by the State in the future. Further revisions of the Sunnyvale Municipal Code (SMC) may be necessary in response to any legislative changes.
On December 13, 2021, the Planning Commission forwarded a recommendation to the City Council to adopt the urgency ordinance and regular ordinance to amend Title 18 (Subdivisions) and Title 19 (Zoning) of the Sunnyvale Municipal Code related to new State legislation (Senate Bill 9) on housing development in single-family zoning districts. The staff report to the Planning Commission for the December 13, 2021 hearing, along with meeting minutes, and urgency and regular ordinances can be found in Attachment 1 (as attachments to the Report to Council 21-0020).
On January 4, 2022, the City Council adopted an Urgency Ordinance and introduced a Regular Ordinance regarding the allowance of new housing development related to Senate Bill 9. The purpose of the Urgency Ordinance was to ensure that the City’s regulations are consistent with state legislation close to the effective date of January 1, 2022. The January 4 staff report to the City Council with the attached ordinances can be found in Attachment 1 and the meeting minutes can be found in Attachment 2.
EXISTING POLICY
SUNNYVALE GENERAL PLAN
Chapter 3: Land Use and Transportation
GOAL LT-4 AN ATTRACTIVE COMMUNITY FOR RESIDENTS AND BUSINESSES - In combination with the City’s Community Design Sub-Element, ensure that all areas of the city are attractive and that the city’s image is enhanced by following policies and principles of good urban design while valued elements of the community fabric are preserved.
Policy LT-4.3 Enforce design review guidelines and zoning standards that ensure the mass and scale of new structures are compatible with adjacent structures …
• LT-4.3c Enforce local design guidelines that ensure buildings and monuments respect the character, scale, and context of the surrounding area.
• LT-4.3d Ensure that new construction and renovation contribute to the quality and overall image of the community.
• LT-4.3e Use the development review and permitting processes to promote high-quality architecture and site design.
GOAL LT-6 PROTECTED, MAINTAINED, AND ENHANCED RESIDENTIAL NEIGHBORHOODS - Ensure that all residential areas of the city are maintained and that neighborhoods are protected and enhanced through urban design which strengthens and retains residential character.
Policy LT-6.1 Improve and preserve the character and cohesiveness of existing residential neighborhoods.
• LT-6.1b Explore developing design standards and guidelines, similar to the Eichler Design Guidelines, to preserve the defining character of existing distinctive neighborhoods.
• LT-6.1d Establish standards and promote and support programs that result in the maintenance and rehabilitation of existing housing and residential neighborhoods.
GOAL LT-7 Diverse Housing Opportunities - Ensure the availability of ownership and rental housing options with a variety of dwelling types, sizes, and densities that contribute positively to the surrounding area and the health of the community.
Chapter 5: Housing
Policy HE-1.1 - Encourage diversity in the type, size, price and tenure of residential development in Sunnyvale, including single-family homes, townhomes, apartments, mixed-use housing, transit-oriented development and live-work housing.
Policy HE-4.1 - Provide site opportunities for development of housing that responds to diverse community needs in terms of density, tenure type, unit size, accessibility, location and cost.
INTERIM URGENCY ORDINANCE
California Government Code Section 65858 provides that a city may adopt an urgency interim ordinance by a four-fifths vote where necessary to protect the public health, safety and welfare, in order to prohibit uses that may be in conflict with a contemplated zoning proposal of the legislative body, which ordinance shall expire 45 days after adoption unless extended by the legislative body. The four-fifths requirement means that the Council needs to adopt the Proposed Interim Urgency Ordinance extending the January 4 Urgency Ordinance with six (6) affirmative votes. The adopted urgency interim ordinance will be effective immediately and automatically expires 45 days after the adoption unless extended by the Council.
The City Council adopted an Urgency Ordinance at their meeting on January 4, 2022, which is effective for 45 days (until February 18, 2022). The Regular Ordinance was introduced on January 4, 2022 and returned to the Council for a second reading on January 25, 2022. The Regular Ordinance is then effective 30 days after the second reading, which will be February 24, 2022. Therefore, staff is returning to the Council to extend the Urgency Ordinance adopted on January 4 until the Regular Ordinance goes into effect. Both ordinances include identical amendments to SMC Title 19 (Zoning).
ENVIRONMENTAL REVIEW
Adoption of these ordinances are exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3) and 15378(b)(5) because it merely implements a state-mandated program and is therefore not a “project” within the meaning of CEQA.
Projects that are subject to the new regulations will be evaluated pursuant to CEQA on an individual basis as applicable. However, purely ministerial decisions are not subject to CEQA. (CEQA Guidelines Section 15268.) In addition, single-family dwellings are generally exempt from CEQA review under CEQA Guidelines Section 15301 (Existing Facilities) and/or Section 15303 (New Construction or Conversion of Small Structures).
DISCUSSION
Pursuant to Government Code Section 65858, urgency zoning ordinances are effective for 45 days unless extended by the City Council. The urgency ordinance adopted to amend Title 19 (Zoning) of the Sunnyvale Municipal Code will expire on February 17, 2022. Because of a three-week period between the first and second reading of the Regular Ordinance, with the second reading held on January 25, 2022, the regular ordinance will not go into effect for 30 days (February 24, 2022). Therefore, the situation that necessitated the Urgency Ordinance will continue to exist between February 18 and February 23. During this period, there is a possibility that an application may be received that would be subject to the State legislation and the City’s prior objective standards, rather than the City’s updated regulations. As authorized by Government Code Section 65868, staff recommends that the City Council adopt an Urgency Ordinance to extend the Urgency Ordinance adopted on January 4, 2022 until February 24, 2022 (Attachment 3).
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, Sunnyvale Public Library and Department of Public Safety. In addition, the agenda and report are available at the Office of the City Clerk and on the City's website.
ALTERNATIVES
1. Find that the Action is Exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resource Code Section 15282(h) and does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and Adopt an Urgency Ordinance (Attachment 3 to the Report) to Extend the Urgency Ordinance adopted on January 4, 2022 to February 24, 2022 Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to new State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts.
2. Take no action and allow the language in the California Government Code and existing objective standards in the Sunnyvale Municipal Code to dictate how new dwellings are administered in Sunnyvale between the expiration of the Urgency Ordinance adopted on January 4, 2022 and the effective date of the regular Ordinance (February 18-24, 2022).
STAFF RECOMMENDATION
Recommendation
Alternative 1: Find that the Action is Exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resource Code Section 15282(h) and does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and Adopt an Urgency Ordinance (Attachment 3 to the Report) to Extend the Urgency Ordinance adopted on January 4, 2022 to February 24, 2022 Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to new State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts.
The adoption of the extension to the Urgency Ordinance adopted on January 4, 2022 will continue to ensure consistency with the new State legislation while ensuring that the City retains some local authority to regulate applications received.
Staff
Prepared by: Amber Blizinski, Principal Planner
Reviewed by: Trudi Ryan, Director, Community Development
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Report to Council No. 22-0020, January 4, 2022 (with attachments)
2. Excerpt of Draft Minutes of the City Council Meeting of January 4, 2022
3. Proposed Extended Urgency Ordinance