Municipal Code Updates
due to State Legislation
Amber Blizinski, Principal Planner
City Council
December 13, 2022
2City of Sunnyvale – Ordinance Modifications – December 2022 Recent Legislation
• 2022 14 bills passed related to housing & homelessness • 2022 Three bills require zoning code modifications now (effective date 1/1/23)
SB 897 & AB 2221 (Accessory Dwelling Units (ADUs))
AB 2097 (Parking)
• 2019 One bill requires zoning code clean up
SB 234 (Large Family Child Care)
• 2022 Three bills require future zoning code updates
Spring 2023: Staff will return to Council
3City of Sunnyvale – Topic/Abbreviated Title – Month Year Proposed Municipal Code
Modifications
4City of Sunnyvale – Ordinance Modifications – December 2022 ADUs: SB 897 & AB 2221
1. Modifications to Chapter 19.79 in Title 19 (Zoning)
Accessory Dwelling Units
2. Creation of Chapter 16.72 in Title 16 (Buildings and Construction)
Permit Process for Accessory Dwelling Units
5City of Sunnyvale – Ordinance Modifications – December 2022 Summary of Changes
Modifications to Chapter 19.79 (ADUs)
• Single-family HEIGHT allowances
• Detached ADU:
16 feet (existing allowance) if not within 1/2 mile of:
o Major transit stop (MTS) or
o High-quality transit corridor (HQTC)
18 feet if within 1/2 mile of MTS or HQTC
o Plus, 2 feet if aligned w/pitch on single-family dwelling (20-foot max.)
• Attached ADU: 25 feet or height limitation for the primary dwelling, whichever is lower
6City of Sunnyvale – Ordinance Modifications – December 2022 Summary of Changes
Modifications to Chapter 19.79 (ADUs)
• Multi-family HEIGHT allowances
• If not within 1/2 mile of MTS or HQTC:
16 feet (existing allowance) if multi-family dwelling is single-story
18 feet if multi-family dwelling is multi-story
• If within 1/2 mile of MTS or HQTC (map on next slide):
18 feet
o Plus, 2 feet if aligned w/pitch on multi-family dwelling (20-foot max.)
7City of Sunnyvale – Ordinance Modifications – December 2022 Modifications to Chapter 19.79 (ADUs)
Map of
Major Transit Stops
&
High Quality Transit
Corridors
8City of Sunnyvale – Ordinance Modifications – December 2022 Summary of Changes
Modifications to Chapter 19.79 (ADUs)
• Locational Allowances
Addition of “front setback” to list of development
standards that must be relaxed if ADU does not fit
elsewhere on property
• Detached ADUs on a Multi-family Property
Allows detached ADUs to be proposed with a new
multi-family development (previously only allowed
with an existing development)
9City of Sunnyvale – Ordinance Modifications – December 2022 New Chapter in Title 16 (Building and Construction)
Chapter 16.72 (Permit Process for Accessory
Dwelling Units)
• Building Permit related provisions moved from
Chapter 19.79 to Chapter 16.72.
• Additional modifications due to 2022 legislation:
Occupancy classification for ADUs
Clarifying language on:
• Fire Sprinklers
• Existing non-conforming zoning conditions or building code violations
10City of Sunnyvale – Ordinance Modifications – December 2022 Modifications to Chapter 19.46 (Parking)
Parking: AB 2097
• No parking minimum requirements
Except required ADA/EV spaces
for most Development Projects w/in
1/2 mile of Major Transit Stop (MTS)
• Included MTS:
2 Sunnyvale Caltrain stations
8 VTA light rail stops (7 Sunnyvale, 3
Mountain View)
1 bus stop (Santa Clara)
11City of Sunnyvale – Ordinance Modifications – December 2022 Large Family Child Care: SB 234 (2019)
• Effective date January 1, 2020
• Requires large family child care to be a “residential use of property and a use by right” in residential
zoning districts
• City cannot require any permits for use
Regulated by the State & inspected by DPS (Fire)
• Staff has adhered to State law since effective date
but had not made the necessary zoning code
modifications
12City of Sunnyvale – Ordinance Modifications – December 2022 Large Family Child Care: SB 234 (2019)
1. Modifications of Chapter 19.58 (Family Child Care
Homes) of Title 19 (Zoning)
2. Other related modifications to Title 19 (Zoning)
13City of Sunnyvale – Ordinance Modifications – December 2022 Summary of Changes
Modifications of Chapter 19.58 (Family Child
Care Homes) & Chapter 19.88 (Use Permits)
• Rescind most of existing Chapter
• Change name from “Family Child Care Homes” to
“Family Daycare Homes” to be consistent w/ State
• Statement added: Family daycare homes “shall be
considered a residential use of property and a use
by right”
• Remove Large Family Child Care Homes from uses
needing a Use Permit
14City of Sunnyvale – Ordinance Modifications – December 2022 Considerations
Staff & Planning Commission Recommendation
• Alt. 1, 2 & 3 - Adopt Urgency and Regular Ordinances Related to State Legislation (ADUs, Parking, and Large Family Child Care) and find exempt from CEQA
• Alt. 4 - Adopt the Ordinances with Modifications
• Alt. 5 - Do not Adopt Ordinances and Rely on State Legislation Staff & Planning Commission Recommendation
• Alt. 1, 2 & 3 - Adopt Urgency and Regular
Ordinances Related to State Legislation (ADUs,
Parking, and Large Family Child Care) and find
exempt from CEQA
Questions?