REPORT TO COUNCIL
SUBJECT
Title
Adopt an Urgency Interim Ordinance Amending Title 19 (Zoning) and Introduce an Ordinance Amending Titles 18 (Subdivisions) and 19 (Zoning) and Title 13 (Streets and Sidewalks) 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
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on December 13, 2021 and voted 5-0, with Commissioners Howe and Harrison absent, to approve 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 Interim Ordinance (Attachment 2 to the report) and Introduce an Ordinance (Attachment 3 to the report) Amending 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 (see Attachment 8 for the meeting minutes).
Prior to the approval of Alternative 1, the Commission made one motion that did not pass:
1. Approve Alternative 2 per the staff recommendation with one modification to the draft ordinances to eliminate the proposed requirement for parking in conjunction with new DUO units. This vote failed 3-2 (at least four votes are needed for an ordinance to receive a positive recommendation to the City Council, i.e., the majority of the full Commission).
No members of the public spoke during the hearing and no public comment has been received prior to the agenda posting for this meeting.
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 Interim Ordinance Amending Title 19 (Zoning) (Attachment 2 to the report) and Introduce an Ordinance (Attachment 3 to the report) Amending Title 18 (Subdivisions), Title 19 (Zoning) and Title 13 (Streets and Sidewalks) of the Sunnyvale Municipal Code related to new State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts.
2. 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 Interim Ordinance Amending Title 19 (Attachment 2 to the report) and Introduce an Ordinance (Attachment 3 to the report) Amending Title 18 (Subdivisions), Title 19 (Zoning) and Title 13 (Streets and Sidewalks) of the Sunnyvale Municipal Code related to new State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts with any of the following modifications as set forth in Attachment 7 to the report:
A. Allow any aggrieved person to appeal a DUO decision to Planning Commission.
B. Keep the maximum FAR for DUOs at 45% or 3,600 sq. ft. and delete language that would allow up to 50% FAR.
C. Remove the 45% FAR threshold for Planning Commission design review for non-DUO residential projects.
D. Do not allow DUOs in the R-2 zoning district.
E. Waive parking requirements for all DUOs.
F. Require an Owner Occupancy deed restriction for DUO developments.
G. Exclude the first 800 sq. ft. of an ADU from the calculation of “gross floor area” for single-family and two-family residential uses.
3. Take no action and do not amend the Sunnyvale Municipal Code which utilizes existing objective development standards and the language in the California Government Code to dictate how new dwellings are allowed pursuant to State legislation (Senate Bill 9) in Sunnyvale.
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 Interim Ordinance Amending Title 19 (Zoning) (Attachment 2 to the report) and Introduce an Ordinance (Attachment 3 to the report) Amending Title 18 (Subdivisions), Title 19 (Zoning) and Title 13 (Streets and Sidewalks) 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 Proposed Ordinances amending the Sunnyvale Municipal Code will ensure consistency with the amended State legislation near the effective date of January 1, 2022. In addition, the recommended modifications ensure that the City retains some local authority through objective development, design, and subdivision standards to regulate these new dwelling units within single-family zoning districts for applications received after January 4, 2022.
Making no changes to the Sunnyvale Municipal Code would require the City to impose the adopted State standards in their entirety and may create inconsistencies with the City’s Zoning Code. Staff expects to see an increase in allowed development permits with these modifications, resulting in an increase of new parcels and housing units within the City.
Staff
Prepared by: Amber Blizinski, Principal Planner
Prepared by: Arnold Chu, Assistant City Engineer
Reviewed by: Jennifer Ng, Assistant Director, Public Works
Reviewed by: Trudi Ryan, Director, Community Development
Approved by: Teri Silva, Assistant City Manager
ATTACHMENTS
1. Report to Planning Commission [21-1028, December 13, 2021] (without attachments)
2. Draft Urgency Ordinance
3. Draft Ordinance
4. Link to Senate Bill 9
5. Map Showing the Half-Mile Transit Buffers
6. Background Data on Lot Size and Buildout Scenarios
7. Ordinance Alternatives
Additional Attachments for Report to Council
8. Excerpt of Draft Minutes of the Planning Commission Meeting of December 13, 2021