DRAFT 12/06/21 RLM
T-CDD-150113/60213 1
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URGENCY ORDINANCE NO. ______-21
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SUNNYVALE TO ADD CHAPTER 19.78 (DUAL URBAN
OPPORTUNITY HOUSING) AND MAKE OTHER RELATED
AMENDMENTS TO TITLE 19 (ZONING) OF THE SUNNYVALE
MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF SUNNYVALE FINDS AND DECLARES AS FOLLOWS:
WHEREAS, on September 16, 2021, the State of California enacted legislation known as Senate Bill 9 (“SB 9”) which added Sections 65852.21 and 66411.7 to the California Government Code, which will require local public agencies to ministerially approve lot splits and dual homes on single-family lots meeting certain conditions; and
WHEREAS, Sections 65852.21 and 66411.7 become effective on January 1, 2022; and WHEREAS, the City needs to adopt an ordinance in order to establish processes for the ministerial review of applications authorized by SB 9, to create objective standards and requirements for such projects, and to amend certain provisions of the Municipal Code to ensure consistency with SB 9; and
WHEREAS, Government Code Section 65858 provides that a city may adopt an urgency interim ordinance by a four-fifths vote where necessary to protect the public health, safety and welfare, in order to prohibit uses that may be in conflict with a contemplated zoning proposal of the legislative body, which ordinance shall expire 45 days after adoption unless extended by the legislative body; and
WHEREAS, if the City does not adopt an urgency ordinance to amend the Sunnyvale Municipal Code in order to make the City's regulations consistent with SB 9, there is a possibility that applications for development under SB 9 could be filed during that period without City appropriate processes and objective standards in place, which would be detrimental to the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER 19.78 ADOPTED. Chapter 19.78 (Dual Urban Opportunity Housing) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby adopted to read as stated in Exhibit A attached to this Ordinance and incorporated herein by reference.
SECTION 2. Section 19.12.020 AMENDED. Section 19.12.020 (“A”) of Chapter 19.12 (Definitions) of Title 19 (Zoning) is hereby amended to read as follows:
Attachment 2
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19.12.020. “A”
(1) [Text unchanged]
(2) “Accessory dwelling unit” means an independent a secondary residential dwelling unit located on the same lot as an existing or proposed single-family dwelling, or which is added to a lot containing an existing multi-family dwelling structure. An accessory dwelling unit includes an efficiency unit as defined in California Health and Safety Code Section 17958.1 and a manufactured home as defined in California Health and Safety Code Section 18007. Types of accessory dwelling units include:
(a) – (b) [Text unchanged]
SECTION 3. Section 19.12.050 AMENDED. Section 19.12.050 (“D”) of Chapter 19.12 (Definitions) of Title 19 (Zoning) is hereby amended to read as follows:
19.12.050. “D”
(1) – (12) [Text unchanged.]
(13) “Dual urban opportunity dwelling unit” or “DUO unit” means one of the independent dwelling units in a dual urban opportunity housing development approved pursuant to chapter 19.78 of this code. An accessory dwelling unit approved pursuant to chapter 19.79 of this code is not considered to be a dual urban opportunity dwelling unit. (1314) [Renumbered, text unchanged.]
SECTION 4. Section 19.12.080 AMENDED. Section 19.12.080 (“G”) of Chapter 19.12 (Definitions) of Title 19 (Zoning) is hereby amended to read as follows:
19.12.080. “G”
(1) – (11) [Text unchanged]
(12) “Gross floor area” means the following:
(a) Single-Family and Two-Family Residential Uses, including lots developed with dual urban opportunity housing pursuant chapter 19.78. The sum of the areas computed from the outside dimensions of a building for each floor, includinggarages, covered patios,supporting columns, and unsupported wall projections, and excluding (except for: eaves, uncovered balconies, uncovered porches, covered porches on the ground floor, uncovered stairways, fire escapes, landing places, fireplaces, and similar architectural features.) for each floorThe first 800 square feet of an accessory dwelling unit is excluded from the calculation of gross floor area. Garages are included in floor area calculations. Basement area may beis exempt excluded from the calculation as long as it the basement is located no higher than two feet above grade. Except for those areas specifically exempted above, any area with an interior ceiling height Attachment 2
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exceeding fifteen feet shall be counted twice for the purpose of calculating gross floor area.
(b) [Text unchanged].
SECTION 5. Table 19.18.030 AMENDED. Table 19.18.030 (Permitted, Conditionally Permitted and Prohibited Uses in Residential Zoning Districts) of Chapter 19.18 (Residential Zoning Districts) of Title 19 (Zoning) is hereby amended to read as follows:
TABLE 19.18.030
Permitted, Conditionally Permitted and Prohibited Uses in Residential Zoning Districts In the table, the letters and symbols are defined as follows:
P = Permitted use
MPP = Miscellaneous Plan Permit required
UP = Use Permit required
SDP = Special Development Permit required
N = Not permitted, prohibited
Residential Zoning
Districts R-0/R-1 R-1.5 R-
1.7/PD R-2 R-3 R-4 R-5 R-MH
1. Residential
A.-C. [Text unchanged]
D. Dual Urban
Opportunity Housing MPP MPP MPP MPP N N N N
E.-H. [Text unchanged]
2.-7. [Text unchanged]
SECTION 6. Table 19.28.080 AMENDED. Table 19.28.080 (Permitted, Conditionally Permitted and Prohibited Uses in Residential DSP Blocks) of Chapter 19.28 (Downtown Specific Plan District) of Title 19 (Zoning) is hereby amended to read as follows:
4, 5, 14, 15, 16,
23 6 8, 9, 10, 11, 12,
17 8a 8b, 9a
1. Residential
A.-C. [Text unchanged]
D. Dual Urban
Opportunity Housing MPP MPP MPP MPP MPP
E.-G. [Text unchanged]
2.-5. [Text unchanged]
SECTION 7. Section 19.32.020 AMENDED. Section 19.32.020 (Building height, lot coverage and floor area ratio) of Chapter 19.32 (Building Heights, Lot Coverages and Floor Area Ratios) of Title 19 (Zoning) is hereby amended to read as follows:
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19.32.020. Building height, lot coverage and floor area ratio. (a) Maximums. Maximum building height, lot coverage, and floor area ratio are shown in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio), with the following exceptions:
(1) [Text unchanged]
(2) R-0, R-1, and R-2. In the R-0, R-1, and R-2 zoning districts, dwellings that exceed the maximum floor area ratio or gross floor area must be considered by the planning commission at a public hearing as described in Section 19.80.040 (Procedures and decisions). This requirement does not apply to dual urban opportunity dwelling units that are approved pursuant to chapter 19.78.
(3) – (7) [Text unchanged]
(b) [Text unchanged]
[Table 19.32.020 unchanged]
SECTION 8. Section 19.48.030 AMENDED. Section 19.48.030 (Fences, Distances Between Buildings and Extensions Into Yards) of Chapter 19.48 (Building Heights, Lot Coverages and Floor Area Ratios) of Title 19 (Zoning) is hereby amended to read as follows:
19.48.030. Distance between main buildings required.
When more than one detached main building is erected or constructed on the same lot, the distance between such buildings shall be twenty feet at ground level for buildings of one story height. The distance between detached main buildings at ground level shall be increased three additional feet for the second and each additional story of each building above the first story or for each additional ten-foot unit of height above twenty feet of each building in the event the buildings are not divided by stories. This requirement does not apply to dual urban opportunity dwelling units that are approved pursuant to chapter 19.78.
SECTION 9. Section 19.79.020 AMENDED. Section 19.79.020 (Requirements applicable to all accessory dwelling units) of Chapter 19.79 (Accessory Dwelling Units) of Title 19 (Zoning) is hereby amended to read as follows:
19.79.020. Requirements applicable to all accessory dwelling units.
The following requirements apply to all accessory dwelling units. (a) – (e) [Text unchanged.]
(f) Sale and Rental. An accessory dwelling unit may be rented separately from the single- family dwelling or multi-family dwelling structure, but may not be sold or otherwise conveyed separately from the other dwellings on the lot, except as permitted by Government Attachment 2
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Code Section 65852.26 . An accessory dwelling unit approved on or after January 1, 2020, shall not be used as a short-term rental.
(g) [Text unchanged]
(h) Urban Lot Splits. A lot created through an urban lot split pursuant to chapter 18.26 of this code may have a maximum of one accessory dwelling unit in conjunction with one single family home on the lot. If the lot contains two dual urban opportunity units, no accessory dwelling units are permitted on the lot.
SECTION 10. Section 19.82.020 AMENDED. Section 19.82.020 (When required) of Chapter 19.82 (Miscellaneous Plan Permit) of Title 19 (Zoning) is hereby amended to read as follows:
19.82.020. When required.
(a) General Reviews.
(1) Accessory Dwelling Units. Accessory dwelling units described in Section
19.79.040 shall be reviewed by the director of community development for compliance with the standards set forth in Chapter 19.79.The permit shall be considered ministerially without discretionary review within the time frames required by Chapter 19.79; when the application is in compliance with the relevant standards, the permit shall be issued. The director’s decision shall be final;
(2) – (25) [Renumbered; Text unchanged]
(b) Ministerial Reviews.
(1) Accessory dwelling units as regulated in chapter 19.79; (2) Dual urban opportunity dwelling units as regulated in chapter 19.78. (b) – (k) [Renumbered; text unchanged]
SECTION 11. Section 19.82.030 AMENDED. Section 19.82.030 (Procedures and decisions) o f C ha p te r 1 9 . 82 ( M is c e ll an eo us P l an P e r m it ) o f T i t l e 19 ( Z o n i ng ) i s he r eb y a me nd ed t o r e ad as follows:
19.82.030. Permits and decisions.
(a) Review without Public Notice or Hearing by Director. Except for those applications listed in subsections (b) and (c), the director of community development, without notice or hearing, may:
(1) – (2) [Text unchanged]
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(b) Ministerial Reviews. For miscellaneous plan permit applications listed in this section, the director of community development, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The director’s decision may be appealed to planning commission only by the applicant or the owner of the subject property. (1) Accessory dwelling units shall be reviewed for compliance with the standards set forth in chapter 19.79, within the time frames set forth in that chapter. (2) Dual opportunity dwelling units shall be reviewed for compliance with the standards set forth in chapter 19.78.
(b) – (e) [Renumbered, text unchanged]
SECTION 12. CEQA. Adoption of this ordinance is exempt from environmental review pursuant to Guidelines Sections 15061(b)(3) and 15378(b)(5) the California Environmental Quality Act (CEQA) because it merely implements a state-mandated program, and is therefore not a “project” that will have a physical impact on the environment.
SECTION 13. EFFECTIVE DATE. This ordinance shall be in full force and effect immediately upon adoption.
SECTION 14. PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper for publication of legal notices of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.
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Introduced at a regular meeting of the City Council held on _____________, 2021, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ______, 2021, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
City Clerk
Date of Attestation: ____________________
Mayor
(SEAL)
APPROVED AS TO FORM:
_____________________________________
Rebecca L. Moon
Sr. Assistant City Attorney
Attachment 2
SMC Ch. 19.78 (draft 12-07-21) Page 1 of 6
EXHIBIT A
SUNNYVALE MUNICIPAL CODE CHAPTER 19.78
DUAL URBAN OPPORTUNITY HOUSING
19.78.010. Purpose and intent.
19.78.020. Applicability.
19.78.030. Impact on existing dwelling units.
19.78.040. Development requirements.
19.78.050. Design standards.
19.78.060. Rental and sale of units.
19.78.070. Permit requirements.
19.78.080. Sunset clause.
19.78.010. Purpose and intent.
(a) It is the purpose of this chapter to implement Section 65852.21 of the Government Code pertaining to the development of dual residential units on single-family lots.
19.78.020. Applicability.
The development of dual urban opportunity (DUO) housing is allowed only on lots meeting all of the following criteria.
(a) The lot is located in R-0, R-1, R-1.5, R-1.7/PD, or R-2 zoning districts, or residential DSP zoning districts.
(b) The lot does not contain more than one existing dwelling unit, with or without accessory dwelling units.
(c) The lot is not located within a designated heritage resource, heritage resource district, local landmark or local landmark district, or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed pursuant to chapter 19.96 of this code. (d) The lot is not a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
19.78.030. Impact on existing dwelling units.
(a) The development of DUO housing is not allowed if the development would:
Attachment 2
SMC Ch. 19.78 (draft 12-07-21) Page 2 of 6
(1) Demolish or alter any existing dwelling unit on the lot that has been occupied by a tenant in the last three years prior to the date of application; or (2) Demolish any existing dwelling unit that is subject to affordability restrictions under a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (b) Except as provided in (a) above, an existing dwelling unit may be demolished or altered for purposes of developing DUO housing on the lot.
(c) For purposes of this section, “alter” means physically changing the number or arrangement of rooms or the supporting members of a building or structure, or changing the relative position of buildings or structures on a site. “Alter" does not include reconstruction, replacement, or renewal of any part of an existing building or structure for the purpose of maintenance, to repair damage, or to keep the premises in a good, safe, healthy and sanitary condition.
19.78.040. Development requirements.
The following requirements apply to the development of DUO housing. (a) Lot splits. If the applicant proposes development of lots created through an urban lot split, the following requirements apply to each of the newly created parcels:
(1) Each lot must be at least one thousand two hundred square feet in size and at least forty percent of the lot area of the original parcel. (2) Each parcel must adjoin the public right-of-way or have access to the right-of- way. The access must not be less than 10 feet wide at any point. (3) Exclusive of any access to the right-of-way as required in this section, each parcel has a width or depth measurement of at least forty feet. (4) All other requirements of chapter 18.26 of this code shall be met. (b) Number of units.
(1) On lots created through an urban lot split pursuant to chapter 18.26 of this code, a maximum of two dwelling units are allowed on each lot, inclusive of any accessory dwelling units.
(2) On a lot that was not created through an urban lot split, the lot may contain a maximum of two DUO dwelling units plus a maximum of two accessory dwelling units approved under chapter 19.79, for a maximum of four dwelling units on the lot.
Attachment 2
SMC Ch. 19.78 (draft 12-07-21) Page 3 of 6
(c) Maximum Floor Area.
(1) The maximum allowed floor area ratio for a lot developed under these regulations is forty-five (45) percent or 3,600 square feet, whichever is less. (2) If at least three of the following findings are met, the maximum allowed floor area ratio for a lot developed under these regulations may be increased to fifty (50) percent or 4,000 square feet, whichever is less.
(A) The site is adjacent to a parcel zoned for a higher density residential land use or is zoned for mixed-use, commercial, or industrial development. (B) The project proposes setbacks that are equivalent, or exceed, all of the following:
(i) The second story side setback of any structure must be a minimum of seven feet.
(ii) The first story rear setback of any structure must be a minimum of ten feet.
(C) No second story structures are proposed within twenty feet of the rear property line.
(D) The lot is adjacent to a development that exceeds forty-five percent floor area ratio.
(E) The DUO units are attached.
(F) The project proposes parking that meets, or exceeds, the minimum requirements in chapter 19.46.
(d) Setbacks.
(1) Minimum four-foot side and rear-yard setbacks are required; however, setbacks of less than four feet are allowed for an existing permitted structure or for a DUO unit that is constructed in the same location and to the same dimensions as an existing permitted structure.
(2) In any two-story residential development, the front yard setback for the second story shall be not less than twenty-five feet.
(3) The development must comply with all other applicable setback requirements in chapter 19.34.
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SMC Ch. 19.78 (draft 12-07-21) Page 4 of 6
(e) Building Standards. All applicable requirements of title 16 (Buildings and Construction) shall be satisfied.
(f) Building Separation. Dwelling units may be adjacent or connected provided that the structures meet building code safety standards, including standards sufficient to allow separate conveyance.
(g) Entrances. Each dwelling unit shall have independent exterior access. Interior connections are permitted between a DUO unit and an accessory dwelling unit, but not between two DUO units.
(h) Utility Connections. Each DUO unit shall have a separate utility connection and separate electrical panel.
(i) Parking.
(1) One covered off-street parking space is required for each DUO dwelling unit unless exempt as provided in this section.
(2) If off-street parking is required or proposed, all parking spaces (covered and uncovered) must meet the minimum requirements of section 19.46.050. (3) Exemption. Off-street parking spaces are not required if the parcel is either:
(A) Less than one-half mile walking distance from either a high-quality transit corridor as defined in Public Resources Code 21155(b) or a major transit stop as defined in Public Resources Code 21064.3; and
(B) Less than one block from a car share vehicle.
(j) Front yard paving. No more than fifty percent of the required front yard shall be paved with asphalt, concrete cement, or any other impervious surface. (k) Other Requirements. All other applicable objective zoning requirements in Title 19 shall be satisfied, including, but not limited to, lot coverage, required rear yard maximum lot coverage, floor area ratio, open space, vision triangles, and design review, as long as those requirements permit construction of at least one DUO unit on the lot that is at least eight hundred square feet gross floor area in size, with at least four-foot side and rear setbacks, and which complies with all other applicable development standards.
19.78.050. Design standards.
The following objective design standards shall be applied ministerially. (a) Architectural style.
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SMC Ch. 19.78 (draft 12-07-21) Page 5 of 6
(1) All residential structures on the lot must have the same architectural style and must comply with any adopted design guidelines applicable to the site. (2) Front wall facades longer than thirty feet shall provide a three-foot change in plane every thirty feet.
(3) At least one of the entrances, excluding garages, to a DUO unit shall be visible from a public street adjoining the lot.
(4) Second to first floor ratio shall not exceed thirty-five percent. (5) Roof pitches of both DUO units on a single lot must be no more than 4:12 in slope or, if a new DUO unit is added to a lot with an existing residential structure, the roof line of the new structure must be the same slope as the existing structure. (6) Balconies and decks that are more than two feet above grade must maintain a distance of at least ten feet from side property lines and twenty feet from rear property lines when adjacent to residential properties.
(b) Height and massing.
(1) The maximum height for the rear twenty feet of a property is seventeen feet. (2) The maximum plate height is nine feet on the first floor and eight feet on the second floor.
(3) A crawl space must not exceed two feet in height unless additional height is required by the chief building official.
(4) Basements may not project more than two feet above finished grade. (c) Frontage.
(1) The front setback must contain a landscaped area that has at least fifty percent landscaping.
(2) If a garage is proposed for a project, the width of the garage shall not exceed 50% of the building frontage.
(3) One fifteen-gallon or larger tree is required to be planted in the front yard of each lot.
(4) No more than one driveway is permitted per DUO unit.
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SMC Ch. 19.78 (draft 12-07-21) Page 6 of 6
(d) Privacy. Second-floor windows of a residential building facing a side property line must be high sill and opaque, with the bottom sill at least 5 feet from the finished floor height of the second floor, unless no other location is available for required egress as determined by the building official.
19.78.060. Rental and sale of units.
(a) Prior to issuance of a building permit, the applicant shall provide evidence that the owner has recorded a covenant on the title of the lot which provides that the dwelling units on the lot shall not be used as short-term rentals.
(b) DUO units on a single lot may be separately leased, but legal title to the DUO units shall not be sold or conveyed separately unless the project is developed as, or converted to, a common interest development.
(c) Accessory dwelling units on the lot shall not be sold or conveyed separately from a DUO unit except as permitted by Government Code section 65852.26.
19.78.070. Permit requirements.
(a) A miscellaneous plan permit is required for dual urban opportunity dwelling units allowed under this chapter.
(b) The director shall ministerially approve a miscellaneous plan permit for dual urban opportunity dwelling units that meet the objective development and design requirements. (c) An application that meets all objective development and design requirements may be denied if the building official makes a written finding that the project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
19.78.080. Sunset clause.
This chapter 19.78 shall become inoperative on the date that Government Code Section 65852.21 is repealed by legislative action, voter initiative or referendum.
Attachment 2