DRAFT 9/30/22 ______
T-CDD-220085/ 64582 2
Council Agenda:
Item No.:
ORDINANCE NO. ____-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE TO AMEND SECTION 19.50.020 (NON-
CONFORMING RESIDENTIAL BUILDING) OF CHAPTER
19.50 (NONCONFORMING BUILDINDS AND USES) OF
TITLE 19 (ZONING) OF THE SUNNYVALE MUNICIPAL
CODE.
THE CITY COUNCIL OF THE CITY OF SUNNYVALE FINDS AND DECLARES AS FOLLOWS:
SECTION 1. SECTION 19.50.020 AMENDED. Section 19.50.020 (Nonconforming residential building) of Chapter 19.50 (Nonconforming Buildings and Structures) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby added to read as follows:
19.50.020. Nonconforming residential building.
(a) - (b) [Text unchanged.]
(c) A building legally built and occupied as a single-family dwelling in a nonresidential zoning district may be repaired, altered, enlarged or replaced without a variance provided that it complies with applicable development standards for the R-0 district. (1) The lot may include one accessory dwelling unit and one junior accessory dwelling unit that comply with the requirements in section 19.79.030 of this code for single-family lots.
(2) The lot shall not be eligible for dual urban opportunity housing under chapter
19.78 of this code.
(3) The lot shall not be eligible for an urban lot split under chapter 18.26 of this code.
(d) A building legally built and occupied as a two family dwelling in a nonresidential zoning district may be repaired, altered, enlarged or replaced without a variance provided that it complies with applicable development standards for the R-2 district. (1) The lot may include accessory dwelling units that comply with the requirements in section 19.79.030 of this code for multi-family lots. (2) The lot shall not be eligible for dual urban opportunity housing under chapter
19.78 of this code.
(3) The lot shall not be eligible for an urban lot split under chapter 18.26 of this code..
Attachment 3
T-CDD-220085/ 64582 2
Council Agenda:
Item No.:
SECTION 2. CEQA. The action being considered does not require environmental review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the action will have a significant environmental effect. (CEQA Guidelines Section 15061(b)(3).) The proposed amendments allow existing nonconforming dwellings to be repaired, altered, enlarged, or replaced consistent with zoning standards applicable to similar dwellings in equivalent residential zones. Such projects are typically exempt from CEQA under Sections 15301 or 15303 of the CEQA Guidelines.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after adoption.
SECTION 4. 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.
Introduced at a regular meeting of the City Council held on , 2022, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on_____, 2022, 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 3