REPORT TO PLANNING COMMISSION
SUBJECT
Title
Forward a Recommendation to the City Council to adopt an Urgency Interim Ordinance and to Introduce an Ordinance Amending Title 19 (Zoning) of the Sunnyvale Municipal Code related to new State Legislation on Accessory Dwelling Units and Find that the Action is Exempt from the California Environmental Quality Act
Report
REPORT IN BRIEF
Prior to 2016, cities could regulate and permit Accessory Dwelling Units (ADU) based on local preferences. State legislation passed between 2015-2019 has removed most local control on ADUs and requires jurisdictions to allow these units in most single-family zoning districts, and now in multi-family zoning districts. Additionally, there are now several circumstances where "by-right" ADUs must be allowed through the issuance of a building permit. The City's Zoning Code has been amended several times since 2016 to address past changes in State law, and the currently proposed amendments are intended for the same purpose.
Staff has performed a consistency review of the Zoning Code (Title 19 of the Sunnyvale Municipal Code (SMC)) relating to ADUs (formerly SMC Section 19.68.040) and Junior Accessory Dwelling Units (JADUs) in comparison to the new legislation (AB 881, AB 68, and SB 13) and has identified necessary modifications to bring the zoning code into conformance resulting in a new SMC Section 19.77 (Accessory Dwelling Units). The Sunnyvale Municipal Code must be amended to be consistent with the new laws by January 1, 2020, when the bills take effect. If the update is not completed by January 1, 2020, City regulations would be deemed null and void and the State provisions would be used to process ADU applications. Because a regular ordinance will not go into effect until 30 days after the second reading (after January 1, 2020), an urgency interim ordinance must also be adopted that will go into effect immediately, which will be extended in early January, and expire when the regular or...
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