REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to add Chapter 19.77 ("Inclusionary Below Market Rate Rental Housing") to Title 19 ("Zoning") of the Sunnyvale Municipal Code to create an Inclusionary Rental Housing Program, and adopt a Resolution to amend the Master Fee Schedule and create a Rental Housing In-Lieu Fee.
Report
SUMMARY OF COMMISSION ACTION
The Housing and Human Services Commission (HHSC) considered this item on August 28, 2019 (Report to Commission No. 19-0690). The Planning Commission considered this item on September 9, 2019, (Report to Commission No. 19-0931, Attachment 1 to this report). The two commission reports were the same report except the Planning Commission report contains an additional Alternative to reflect the Housing and Human Services Commission recommendation.
The HHSC voted to recommend the ordinance as presented and recommended an in-lieu fee of $15.00/$30.00 per square foot for small/large developments, that is further scaled to incentivize the production of three and four-bedroom units. This recommendation is Alternative 7 of this report. Minutes of the HHSC meeting are found in Attachment 5.
The Planning Commission voted to recommend the ordinance with a modification:
* Amend Section 19.77.120(c) that addresses private right of action to specify that the City must provide a prospective plaintiff a Right to Sue letter before a lawsuit could be filed against a developer.
The Planning Commission also recommended that the City Council explore the possibility of grandfathering in the pending projects within the Downtown Specific Plan Area due to the length of time they have been in process. The Planning Commission further recommended the in-lieu fee of $12.50/$25.00 per square foot for small/large developments. The Planning Commission recommendation is Alternative 8 of this report. Minutes of the Planning Commission meeting are found in Attachment 6.
Public Comment letters are provided in Attachment 7 to the report....
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