City of Sunnyvale
Agenda Item
21-0124 Agenda Date: 2/25/2021
2021 COUNCIL STUDY ISSUE
NUMBER
CDD 21-01
TITLE Consider Allowing Expansions/Modifications for Existing Legal Non-Conforming Single-Family Uses in Non-Residential Zoning Districts
BACKGROUND
Lead Department: Community Development Department
Support Departments: Office of the City Manager
Office of the City Attorney
Sponsor(s): City Manager
History: 1 year ago: N/A
2 years ago: N/A
SCOPE OF THE STUDY
What precipitated this Study?
There are residentially developed properties in non-residential zoning districts that are considered legal non-conforming. A legal non-conforming use is one that was built legally but is now within a Zoning District or Specific Plan area where the use is no longer allowed. Title 19 (Zoning) of the Sunnyvale Municipal Code does not currently allow legal non-conforming single-family homes to expand, which restricts the size of these existing residential structures to their original size, but does allow the property owner to add one streamlined Accessory Dwelling Unit (ADU) to the site. Until recently residential development was allowed in all non-residential zoning districts, subject to approval of a Use Permit (or related permit), which considered compatibility of these uses with surrounding uses. State housing laws have affected how local regulations for housing need to be administered and the City recently removed “with approval of a use permit” for several non-residential zoning districts. The City Council has heard from single-family homeowners within the Peery Park Specific Plan (PPSP) area whose homes are legal non-conforming uses that cannot be expanded beyond the addition of an 800 sq. ft. streamlined ADU. These property owners have been provided information on the process and fees for requesting a General Plan Amendment and rezoning of their site and on the allowances for the ADU; however, they desire additional floor area beyond what is currently allowed. A preliminary search suggests that only these four single-family residential properties are located in any of the industrial zoning districts (they are all in the PPSP zoning district), and that about 20 additional single-family houses are located in other non-residential zoning districts which have the same constraints.
What are the key elements of the Study?
The primary focus of the Study will be on single-family houses and would explore changes to the non -conforming use regulations for residential development. For further context, a complete survey of residential sites would be prepared to understand the full extent of the non-conforming residential
Attachment 2
21-0124 Agenda Date: 2/25/2021
issue. There are three primary actions that could be considered during this Study:
1. General plan amendment and rezoning of the sites to allow the residential uses to be conforming;
2. Modifications to the non-conforming use section of the zoning code that would enable some expansion of a non-conforming single-family.
3. No changes to zoning code, general plan or zoning district which would leave these properties as legal non-conforming.
The Study would provide a complete list of non-conforming residential uses throughout the City. This information will be used as part of the Housing Element update and may include recommendations for follow up action for those properties.
Estimated years to complete study: 1 year
FISCAL IMPACT
Cost to Conduct Study
Level of staff effort required (opportunity cost): Moderate Funding Required for Non-Budgeted Costs: $0
Funding Source: n/a
Cost to Implement Study Results
Minimal or no cost expected to implement.
EXPECTED CITY COUNCIL, BOARD OR COMMISSION PARTICIPATION Council-Approved Work Plan: No
Council Study Session: No
Reviewed by Boards/Commissions: Planning Commission
STAFF RECOMMENDATION
Support. This policy issue merits discussion at the 2021 Study Issues Workshop.
Although the single-family parcels mentioned in the study parameters are typically not large properties, the existing floor area ratio for development of the four Pastoria Avenue parcels ranges from 10% to 22%. This is low compared to what is allowed in Sunnyvale’s typical single-family zoning districts and may warrant study on the subject and potential changes to the zoning regulations.
Prepared by: Amber Blizinski, Principal Planner
Reviewed by: Andrew Miner, Assistant Director, Community Development Department Reviewed by: Trudi Ryan, Director, Community Development Department Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
Attachment 2