REPORT TO COUNCIL
SUBJECT
Title
Proposed Project: Introduce an Ordinance to:
Amend Title 19 (Zoning) of the Sunnyvale Municipal Code to Repeal and Re-adopt Chapter 19.79 (Accessory Dwelling Units), Amend Related Definitions in Chapter 19.12 (Definitions) and Other Sections of Title 19 Pertaining to Accessory Dwelling Unit (ADU) Regulations.
File #: PLNG-2024-0544
Environmental Review: The action is exempt pursuant to Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).
Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on February 10, 2025. No members of the public spoke on the item. An excerpt of the meeting minutes is in Attachment 5. One comment letter was received prior to the meeting.
Commissioners asked questions about state ADU law, whether ADUs are required to comply with the Americans with Disabilities Act (ADA), and about removal of protected and heritage trees to accommodate ADU construction. Commissioners were generally supportive of the updated Ordinance.
The Planning Commission voted unanimously (7-0) to approve the staff recommendation: Alternative 1, to introduce the Ordinance (Attachment 2) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code on Accessory Dwelling Units, with no modifications.
ADA Compliance
ADUs on single-family properties are not generally required to comply with accessibility standards in Title 24 of the California Building Code, but multifamily ADUs may be subject to accessibility requirements based on the year of construction of the original development.
Protected Tree Removal and Replacement
The draft ordinance reviewed by the Planning Commission included a tree replacement standard, requiring planting one 15-gallon tree for each protected tree removed due to the construction of an ADU, consistent with the tree replacement standard for protected tree removals generally. According to SMC Section 19.94.080, a "protected" tree is defined as one of significant size-measuring at least 38 inches in circumference at 4.5 feet above ground for single-trunk trees (approximately 12 inches in diameter). For multi-trunk trees, the combined circumference of all trunks at the same height must equal at least 113 inches. The draft ordinance also included a provision to clarify that consistent with SMC Chapter 19.96, a resource alteration permit is required for modifications to heritage resources or trees, while a landmark alteration permit is required for landmarks listed in the Heritage Resource Inventory, subject to review by the Heritage Preservation Commission, if heritage resources or trees are proposed for removal. The City received a letter from an organization, California Housing Defense Fund (CalHDF), stating that State ADU law does not allow the City to impose tree replacement standards for streamlined ADUs or to require a discretionary resource alteration permit for removal of heritage trees that would result from any ADU construction (see Attachment 6 to the RTC). This letter was discussed at the Planning Commission hearing and staff indicated they would consult with the California Department of Housing and Community Development (HCD).
Following the hearing, staff contacted HCD about the two provisions in the draft ordinance that were questioned in the CalHDF comment letter. As to tree replacement standards, HCD responded that a protected tree replacement requirement can apply to non-streamlined ADUs, but not to streamlined ADUs. With respect to historic resources, HCD noted that where an ADU may impact a historic resource, local jurisdictions may apply objective development standards to protect historic resources on the California Register, but not to protect locally-designated historic resources, such as properties and heritage trees on the City’s Heritage Resource Inventory. There are three Sunnyvale resources on the California Register - the Martin Murphy, Jr. home site (now Murphy Park at 260 N Sunnyvale Avenue), the former U.S. Naval Air Station site (this site is not within the Sunnyvale City limits), and the Wright House (a local landmark).
Based on HCD’s feedback, staff recommends applying the tree replacement requirement (Section 19.79.040(p)) only to non-streamlined ADUs, as defined in Section 19.79.030, and removing Section 19.79.040 (l)(2) that would have required a discretionary permit with HPC review for removal of a heritage resource or local landmark to accommodate an ADU. See Attachment 2 for the updated draft ordinance, with changes made after the Planning Commission hearing shown in Exhibit A-1 in strikethrough and underline. Three other minor clarifying or technical edits have been made to the ordinance and are similarly shown in Exhibit A-1.
HCD will make a final determination on the ordinance’s compliance with State ADU Law upon reviewing the adopted ordinance. Under State law, all ADU ordinances must be submitted to HCD for review within 60 days of adoption.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall 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. A public hearing notice was also published in the Sun newspaper at least 20 days prior to the hearing in accordance with recent legislation in AB 2904.
As of the date of staff report preparation one public comment letter was received (Attachment 6).
ALTERNATIVES
1. Introduce the Ordinance (Attachment 2) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code on Accessory Dwelling Units and find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Codes Sections 21080.17 and CEQA Guidelines Section 15061(b)(3).
2. Alternative 1 with modifications to the Ordinance.
3. Do not introduce the Ordinance and provide feedback on desired changes.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Introduce the Ordinance (Attachment 2) Amending Title 19 (Zoning) of the Sunnyvale Municipal Code on Accessory Dwelling Units and find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Codes Sections 21080.17 and CEQA Guidelines Section 15061(b)(3).
JUSTIFICATION FOR RECOMMENDATION
The proposed updates to the Sunnyvale Municipal Code aim to simplify the community’s understanding of ADU requirements and reduce reliance on state law for clarification. These changes will also help staff provide accurate and consistent information to the community. Additionally, the updates support the City’s General Plan and Housing Element goals by reducing barriers to ADU development, streamlining approval processes, and increasing housing opportunities by expanding the number of allowed ADUs for both single-family and multifamily dwelling lots. The updated draft ordinance incorporates feedback from HCD about heritage tree and protected tree removals.
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
___ 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
_x_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Aastha Vashist, Senior Planner
Reviewed by: George Schroeder, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director of Community Development
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Report to Planning Commission [25-0107, February 10, 2025] (without attachments)
2. Draft Ordinance - ADUs and Other Code Updates (Updated since Planning Commission hearing)
3. Links to 2023 and 2024 State ADU Laws
4. Links to City’s Pre-Approved ADUs Plans Gallery and Calculator
Additional Attachments for Report to Council
5. Excerpt of Final Minutes of the Planning Commission Meeting of February 10, 2025
6. Public Comments