REPORT TO PLANNING COMMISSION
SUBJECT
Title
Forward a Recommendation to the City Council to Introduce an Ordinance Amending Chapters 19.20 (Commercial Zoning Districts), 19.22 (Industrial Zoning Districts), and 19.24 (Office and Public Facilities Zoning Districts) and Adopt a Resolution to Amend the Land Use and Transportation Element of the General Plan to Clarify the Allowance of Residential Uses in Non-Residential Zoning Districts and Find that the Action is Exempt from the California Environmental Quality Act
Report
BACKGROUND
The Sunnyvale Municipal Code currently allows the consideration of residential uses in the C-1 (Neighborhood Business), C-3 (Regional Business), M-S (Industrial and Service), M-S/POA (Industrial and Service/Place of Assembly), M-3 (General Industrial), and P-F (Public Facilities) zoning districts through the request of a Use Permit. Residential uses are rarely approved in these districts without rezoning the parcel(s) to a residential designation, except in conjunction with the primary use (such as a caretaker's unit on a site with a religious use or a self-storage facility).
The purpose of the proposed amendments is to preserve the City's ability to regulate residential development in the specified commercial, industrial, and public facilities zoning districts. California Senate Bill 330 (Attachment 4), which was signed on October 9, 2019, and goes into effect on January 1, 2020, prohibits local jurisdictions from "downzoning" or denying applications for residential development on parcels where residential uses were allowed by the existing zoning or General Plan designations. While it is unclear if SB 330 would apply to non-residential zoning districts that only allow residential uses with a Use Permit, the wording of the law is concerning. Therefore, staff believes it is prudent for Sunnyvale to make reasonable changes that clarify intent and past practice ahead of the January 1, 2020 deadline for the non-residential zoning distri...
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