Study Issue:
Consider Allowing Expansions/Modifications for
Existing Legal Non-Conforming Single-Family
Uses in Non-Residential Zoning Districts
Drew Taplin
City Council – December 13, 2022
2City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 Study Issue Background
3City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 Origins of Study Issue
• 2019: Prior to effective date of Senate Bill 330:
City eliminated the UP/SDP process for residential
uses in most commercial & industrial zoning districts
Allowed City to maintain control of land use in these zoning districts
• 2019 Action: left some parcels legal non-conforming
• City’s primary concern was multi-family
development in non-residential zoning districts
4City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 Origin of Study Issue (cont.)
• 2020: Council initiated
study issue after input
from owner of legal
non-conforming home
on Pastoria Avenue
PPSP Mixed Industry
Core zoning district
PPSP
R-0
5City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022
1. General Plan Amendment & Rezoning of sites
Would allow Residential Uses to be Conforming
2. Modifications to the Non-conforming Use section
of the Zoning Code
Would enable expansion of a non-conforming single-
family home
3. No Changes to Zoning Code, General Plan or Zoning
District
Would leave properties as Legal Non-conforming
Study Issue Paper Potential Outcomes
6City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 • Study Issue paper only referenced single-family
dwellings;
However, 26legal non-conforming two-family dwellings
exist & would benefit from the recommended code
modifications
Staff Suggested Study Issue Amendment
7City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 Discussion
8City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 • In non-residential zoning districts (predominant
zoning is Office) there are:
12 legal non-conforming Single-family Dwellings
26 legal non-conforming Two-family Dwellings
• Owners of these parcels have no legal ability to
expand existing dwelling(s)
Exception: Streamlined ADUs
• Many legal non-conforming dwellings are currently
developed at a low FAR
Existing Conditions
9City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 • Code modifications would enable
property owners to:
Enlarge or replace dwelling(s) in
accordance w/ R-0 & R-2 standards
Add Streamlined ADUs
• Code modifications would not:
Create consistency between use &
underlying zoning district/land use
designation
Enable property owners to:
•Propose non-streamlined ADUs
•Utilize DUO development provisions
Modifications to SMC Chapter 19.50
(Nonconforming Buildings and Uses)
10City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 R-0 and R-2 General Development Standards
Zoning
District
R-0
(Single-Family dwelling)
R-2
(Two-family dwelling)
Maximum
Floor Area Ratio
45% (or 3,600 sf) 55%
Maximum
Lot Coverage
45% (1-story)
40% (2-story)
45% (1-story)
40% (2-story)
Minimum
Setbacks
20’ (front)
4’ (side minimum)
10’ (side combined)
20’ (rear)
20’ (front)
4’ (side minimum)
10’ (side combined)
20’ (rear)
Maximum
Building Height
30’ 30’
11City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 • Staff has identified 22 of the 38 legal non-conforming parcels as good candidates to consider for future
rezoning & GP land use designation changes
Rezoning & GP land use designation changes require
further outreach/study while code modification is a
quick “fix”
Rezoning/Land Use Designation Considerations
N
Fremont AV
Hollenbeck AV
O/PD
O
R-2/PD
R-1
12City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 Largest Potential Rezone Area - West Iowa Ave.
• Non-
conforming
single- &
two-family
dwellings
Single-family to remain
single-family if rezoned
Single-family w/potential
for two-family if rezoned
Two-family to remain two-
family if rezoned
PF
O/PD
R-2
13City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 • Staff has prepared a 2023 Potential Study Issue paper for future General Plan and Zoning Amendments
Rezoning efforts would:
• Create consistency between use & underlying General Plan and Zoning land use designations
• Enable property owners to propose non-streamlined ADUs • Utilize DUO development code provisions
Rezoning/Land Use Designation Considerations
14City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 Recommendation
15City of Sunnyvale – Study Issue 21-01 – Legal Non-Conforming Dwellings in Non-Residential Zoning Districts – December 2022 Alternatives
Planning Commission & Staff Recommendation
1. Introduce an Ordinance to amend Chapter 19.50.
2. Introduce the Ordinance with modifications
3. Do not modify SMC Chapter 19.50
Planning Commission & Staff Recommendation
Alternative 1 – Forward a recommendation for the City
Council to introduce an ordinance to amend Chapter 19.50 (Nonconforming Buildings and Uses) of Title 19 (Zoning) for single- and two-family dwellings.
Questions?