City of Sunnyvale
Agenda Item
23-0520 Agenda Date: 6/12/2023
REPORT TO PLANNING COMMISSION
SUBJECT
CONTINUED FROM MAY 22, 2023
Forward a Recommendation to the City Council to take the following Actions:
a. Adopt a Resolution to establish Citywide Objective Design Standards for Multi-Family Residential and Mixed-Use Developments;
b. Repeal the Mixed-Use Development Tool Kit and the High Density Residential Design Guidelines;
c. Rename the Citywide Design Guidelines to Non-Residential Design Guidelines; d. Direct the Director of Community Development to administratively update other adopted design guidelines to be aligned with the new Objective Design Standards; e. Introduce an Ordinance to Amend Sunnyvale Municipal Code Section 19.37.020; and, f. Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061 (b)(3).
REPORT IN BRIEF
The State of California has passed a series of laws to address the state’s housing crisis. Two of those laws are designed to streamline the local review of multi-family residential and mixed-use developments. Senate Bill (SB) 35 (Streamlined Affordable Housing) and SB 330 (Housing Crisis Act of 2019) require local jurisdictions to provide streamlined review for qualifying projects and mandate that only objective design standards be used for reviewing qualifying projects. The intention of these bills is to produce more housing units while expediting the process and removing discretion in the local review process.
In 2021, the City engaged a land use and planning consultant firm, PlaceWorks, to aid in the preparation of Citywide Objective Design Standards. Staff and the PlaceWorks consultant team have conducted multiple community outreach events that included two study sessions with the Planning Commission and a public workshop. The main feedback received from participants, which included architects, designers, and developers, indicated they would like to have some flexibility and requested drafting design standards that are not too prescriptive. Participants also asked to consider providing clear goals and purposes for each design topic and standard to assist applicants’ teams with developing site and building designs that would be compatible with the existing Sunnyvale development as well as contribute to the Sunnyvale goals and vision.
A draft of the Citywide Objective Design Standards document was released for public review on March 24, 2023. The document features nine chapters on design topics and includes an introduction and glossary. Each chapter starts with the purpose and goals, which reflect the City’s General Plan goals and policies as well as other applicable policies from City adopted documents. Each chapter also includes an intent statement to provide guidance on each design element. To provide flexibility, a points system was designed in which each objective design standard can be achieved by choosing
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one or more options from a list of weighted design approaches in order to meet the “minimum total points” required. In addition, many standards include quantifiable measures, and some are organized into a table to provide clarity.
Since the draft standards were released, staff has not received additional comments. However, staff received feedback from the Planning Commission at the Study Session on March 27, 2023. As a result, the updated draft document has incorporated the following modifications:
- Removal of artificial turf references
- Addition of dark sky standards
- Addition of language regarding updates and amendments Further review of the Landscaping chapter has resulted in staff-initiated updates to those standards.
The updated draft (recommended) document is provided as part of the Resolution in Attachment 3; a track changes version is available as Attachment 7.
The Planning Commission also inquired about the potential for allowances for projects that incorporate new or innovative architectural styles that may not be consistent with the objective design standards. Staff confirmed that allowances/deviations from objective design standards may create noncompliance with the state laws. Staff is continuing internal conversations to identify a possible path to manage such situations.
Staff plans to implement a checklist that evaluates the proposed project against the objective design standards to facilitate the review process for the applicant and staff.
BACKGROUND
The State of California passed a series of laws to address the ongoing housing shortage. Two State laws are designed to streamline local review of multi-family residential and mixed-use projects. SB 35 and SB 330 require the design of eligible projects to be reviewed against objective standards, or standards involving no personal judgment. Subjective guidelines, typically used in local design review, may be open to personal interpretation and cannot be used to disapprove or reduce the density of multi-family or mixed-use projects. In response to the State laws, all cities in California must adopt clear regulations to streamline housing development and remove discretion in review of applicable projects. Without objective design standards in place, local jurisdictions in California would not have the ability to control the look and site design of the applicable projects. The local jurisdictions also would not be able to deny a multi-family or mixed-use project based on noncompliance of existing subjective design guidelines.
Objective design standards are applied to housing development projects as defined in Government Code Section 65589.5(h)(2). Housing development projects refers to “a use consisting of any of the following:
(A) Residential units only;
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two- thirds of the square footage designated for residential use; and (C) Transitional housing or supportive housing.”
The recommended objective design standards are not applicable to nonresidential or single-family residential projects. Objective design standards for single-family and low-density residential
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development will be handled with another project that is scheduled for later in 2023.
To assist cities with developing objective design standards, the State developed the SB 2 Planning Grant Program (PGP) to provide financial and technical assistance to local jurisdictions. In 2020, the City applied for and received funding under the SB 2 PGP to fund this project, which will result in compliance with new State law requirements.
In 2020 the Planning Commission sponsored a Study Issue to Develop Landscape Design Standards for Development Projects (CDD 20-02, Attachment 6). At the Study Issue workshop in 2020, staff recommended deferring the study to provide time to determine if it would qualify for SB2 grant funding; the City Council deferred the Study Issue. In 2021 staff recommended dropping the Study Issue as it had qualified for outside funding and was proceeding as part of the SB 2 grant that also included the objective design guidelines for multi-family residential.
The City Council is scheduled to consider this item on June 27, 2023.
EXISTING POLICY
The following General Plan Goals, Policies, and Actions apply to this project:
General Plan
CHAPTER 2: Community Vision
GOAL II. ATTRACTIVE COMMUNITY: To maintain and enhance the appearance of Sunnyvale, and to distinguish it from surrounding communities, through the promotion of high quality architecture, the preservation of historic districts and structures, the maintenance of a healthy urban forest, and the provision of abundant and attractive open space.
CHAPTER 3: Land Use and Transportation
GOAL LT-2: ENVIRONMENTALLY SUSTAINABLE LAND USE AND TRANSPORTATION PLANNING AND DEVELOPMENT - Support the sustainable vision by incorporating sustainable features into land use and transportation decisions and practices.
Policy LT-2.1 Enhance the public’s health and welfare by promoting the City’s environmental and economic health through sustainable practices for the design, construction, maintenance, operation, and deconstruction of buildings, including measures in the Climate Action Plan. · LT-2.1b Encourage green features such as living roofs, passive solar design, natural ventilation, and building orientation, and apply flexibility when conducting development review.
Policy LT-2.1 Enhance the public’s health and welfare by promoting the city’s environmental and economic health through sustainable practices for the design, construction, maintenance, operation, and deconstruction of buildings, including measures in the Climate Action Plan. · LT-2.1b Encourage green features such as living roofs, passive solar design, natural ventilation, and building orientation, and apply flexibility when conducting development review. · LT-2.7b Consider deviations from development standards such as setbacks, design guidelines, or heights to encourage innovative energy-efficient building design. · LT-3.1b Establish reduced parking requirements for transit, corridor, and village mixed-use developments and for developments with comprehensive TDM programs that are consistent with the City’s established goals.
· LT-4.2a Promote the development of signature buildings and monuments that provide visual
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landmarks and create a more distinctive and positive impression of Sunnyvale within the greater Bay Area.
· LT-4.2c Allow for innovative architectural design.
· LT-4.3c Enforce local design guidelines that ensure buildings and monuments respect the character, scale, and context of the surrounding area
· LT-4.3d Ensure that new construction and renovation contribute to the quality and overall image of the community,
· LT-4.3e Use the development review and permitting processes to promote high-quality architecture and site design.
· LT-4.4a Develop design guidelines that address the pedestrian scale of development.
Policy LT-5.3: Require new development, renovation, and redevelopment to be compatible and well-integrated with existing residential neighborhoods. · LT-5.3a Utilize adopted City design guidelines to achieve compatible and complementary architecture and scale for new development, renovation, and redevelopment.
CHAPTER 4: Community Character
GOAL CC-1 DISTINGUISHED CITY IMAGE - Promote Sunnyvale’s image by maintaining, enhancing and creating physical features, including functional and decorative art, which distinguish Sunnyvale from surrounding communities and by preserving historic buildings, special districts and residential neighborhoods which make the City unique.
Policy CC-1.4 Support measures which enhance the identity of special districts and residential neighborhoods to create more variety in the physical environment.
GOAL CC-3 WELL-DESIGNED SITES AND BUILDINGS. Ensure that buildings and related site improvements for private development are well designed and compatible with surrounding properties and districts.
Policy CC -3.1 Place a priority on quality architecture and site design which will enhance the image of Sunnyvale and create a vita l and attractive environment for businesses, residents and visitors, and be reasonably balanced with the need for economic development to assure Sunnyvale’s economic prosperity.
· CC-3.1a Continue to improve the design review process by using design professionals on staff and developing design guidelines to direct developers and assist the City in architectural and site review.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Projects that are subject to the new regulations will be evaluated pursuant to CEQA on an individual basis as applicable.
DISCUSSION
Overview of the State Laws
The two state laws below mandated California cities to adopt objective design standards to increase and expedite housing production.
· Senate Bill 35: Streamlined Affordable Housing
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The Bill was introduced by State Senator Scott Wiener in 2016 and became effective in 2018. It aims to address the State’s housing shortage by increasing housing supply. The Bill was signed into law in September 2017 as part of California’s 2017 Housing Package, which included a set of 15 bills that introduced new regulatory and financial resources for local jurisdictions.
The Bill allows multi-family residential developers to submit an application subject to streamlined approval processes in the cities not meeting their Regional Housing Needs Assessment (RHNA).
The project must also meet specified minimum affordability levels and meet specified labor requirements for construction of the project. The streamlined approval process involves ministerial review of qualifying projects against “objective standards”. The Bill defined what objective standards are and is now included in Government Code Sections 65913.4 and 66300(a)(7) as standards that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.” · Senate Bill 330: Housing Crisis Act of 2019 (enacted in 2019) The Bill was introduced by State Senator Nancy Skinner in 2018 and became effective in 2020.
The Bill suspends any actions that would decrease or delay new housing. The Bill suspends any downzoning and housing construction moratorium, lifts required parking minimums, postpones requirements for voter approval of zoning and general plan changes, and adds anti-displacement measures.
The Bill established a Preliminary Application process that freezes the applicable development standards and policies and fees at the time of Preliminary Application submittal. It mandated all public agencies to compile a checklist that specifies what is required to complete a development application, including objective design standards that the project needs to be reviewed against.
Existing Design Guidelines
The City has 10 different sets of design guidelines that provide design direction citywide from single- family homes to high density residential and mixed-used development as well as non-residential development, parking garages and specialized architecture and neighborhoods.
These design guidelines that currently govern design of multi-family residential and mixed-use development:
- Citywide Design Guidelines
- Mixed Use Development Toolkit
- Parking Structure Design Guidelines
- High Density Residential Design Guidelines
- Bird Safe Design Guidelines
The existing guidelines are available on the City website (see link in Attachment 2).
Draft Citywide Objective Design Standards for Multi-family Residential and Mixed-Use Development
On March 24, 2023, the Draft Citywide Objective Design Standards for Multi-family Residential and Mixed-Use Development was released for public review (link in Attachment 2). Prior to the release, staff and the consultant team conducted multiple community outreach meetings, including a few
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study sessions with the Planning Commission. While many participants welcomed the idea of a streamlined process for multi-family residential and mixed-use development, many participants, especially ones from the design and development communities, requested some flexibility in the standards rather than making them too prescriptive. The feedback also included a request to have clear objectives for the design standards and clarity for non-negotiables for the City, which would make it easier for and clearer to applicants.
The document is organized into nine chapters, including an introduction, seven design standard chapters and a glossary. The Introduction Chapter explains how state laws prompted local jurisdictions to adopt objective design standards, identifies multi-family residential and mixed-use development projects subject to the new design standards and includes descriptions and examples of covered projects.
The seven chapters with the design standards include: site design, building form, building detail and lighting, parking and service area design, open-space design, landscape design, and bird-safe design. Each chapter starts with the purpose and goals of the chapter that mirror existing design guidelines as well as other adopted policy documents. Before moving into actual design standards, an intent statement is provided to let the readers know the reason for each design element to provide a clear understanding and to direct them to a design that is more compatible for Sunnyvale.
In order to address public feedback regarding a desire for design flexibility, staff and the consultant team included a variety of ways to address different design elements. For example, rather than a single design standard, in many cases there is a list of design options that the designer can choose from to comply with the standard. As another way of providing flexibility, a scorecard was provided to ensure each project meets a minimum point total. In addition, each design topic section provides quantifiable measurements and supporting illustrations.
In order to help facilitate the review process, an Object Design Standards Checklist was created for the applicant to complete and submit as part of an application. A draft checklist is included in Attachment 5.
Updated Draft Document
The Planning Commission suggested several modifications to the draft document, which was released on March 24, 2023. The following changes were incorporated into the updated draft document (see Resolution in Attachment 3, or track changes version in Attachment 7):
· Reference to artificial turf.
At the Planning Commission study session on March 27, 2023, the Planning Commission expressed concern about the allowed use of artificial turf in the standards.
Artificial turf was a potential option available due to the drought the State has been experiencing over the last several years. The Planning Commission was uncomfortable allowing this material since it is not sustainable. Staff removed all the references to artificial turf and the changes are reflected in the updated draft Citywide Objective Design Standards document. · Dark Sky standards.
During the April 10, 2023 study session the Planning Commission suggested adding Dark Sky or similar standards to reduce light pollution for residents and for bird safety. Staff and the Consultant team reviewed other jurisdictions (e.g., Cupertino and Malibu) and added several standards to address the Dark Sky concerns, such as lighting standards found in Chapter 4 and bird safe design standards found in Chapter 8.
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· Modifications. During the first study session with the Planning Commission on January 10, 2022, the Commission suggested staff look at including an easier way to amend and update the document as needed. Staff and the Consultant team have added language in Chapter 1 (Introduction). The Planning Commission would have to consider and approve any substantive changes to the document needed after adoption, and the Director of Community Development would be able to make updates to the document for corrections and minor changes. This provision for changes is consistent with the Sunnyvale Municipal Code Chapter 19.80 (Design Review).
Deviation Process
The Planning Commission, at the March 27 Study Session, discussed whether deviations should be granted for projects that would not be able to comply with applicable objective design standards. The Planning Commission was particularly interested in this for a project with a new or innovative architectural style that would have difficulty complying with the established objective standards.
Creating a discretionary process to allow deviations from adopted objective standards could complicate the City’s ability to enforce the standards. The legal risk is that a developer could argue that the standards are not truly objective if the City has discretion to grant deviations. This issue has come up in a recent lawsuit filed by the Attorney General against the City of Elk Grove. However, as the concept of objective standards is new, staff expects that there will be additional information on this topic in the future. For now, staff will continue to work with applicants on the project design to meet the intent of the new design standards. Also, developers will be able to use Density Bonus incentives, concessions, and waivers to deviate from objective standards where needed to achieve their desired project and to support the cost of providing affordable housing.
In addition, staff is developing a new planning permit type specifically for housing development projects to address the State requirements to provide a streamlined process. Staff will bring a proposed new permit type and Zoning Code changes to the Planning Commission and City Council with the Low Density Residential Design Standards (formerly called the Single-Family Design Standards) in fall 2023.
Zoning Code Change
The proposed Objective Design Standards include standards for landscape design. A draft ordinance (Attachment 4) is recommended to amend Sunnyvale Municipal Code Section 19.37.020 (Landscaping, Applicability) to include Section “19.37.020.C” requiring project landscaping design to comply with the Objective Design Standards.
FISCAL IMPACT
The proposed Citywide Objective Design Standards for Multi-family Residential and Mixed-use development would have no fiscal impacts to the City.
PUBLIC CONTACT
As of the date of staff report preparation, staff has received no comments on the item.
Notice of Public Hearing, Staff Report and Agenda:
1 Published in the Sun newspaper
2 Posted on the City of Sunnyvale's Website
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3 Provided at the Reference Section of the City of Sunnyvale's Public Library 4 Agenda posted on the City's official notice bulletin board In addition, public contact regarding this item was made through the following ways:
1. E-mail notification of the hearing dates sent to all interested parties and Neighborhood Associations;
2. Study Sessions with the Planning Commission on January 10, 2022 and March 27, 2023;
3. A Community Workshop was held to introduce this project on September 23, 2021, and a second workshop was held to present the March 24, 2023 draft document and solicit feedback on April 18, 2023; and
4. Stakeholders meeting with architects and developers on November 9 and November 10, 2021.
Community Workshops
The October 21, 2022 Community Workshop was a kickoff meeting to introduce the project to the public (16 people attended this workshop). The presentation included information on the legal background, definition of objective standards, the difference between design guidelines and design standards, examples of existing objective and subjective guidelines, key design areas in Sunnyvale, and the project process and schedule. The attendees expressed confusion regarding state laws but understood the difficulties of translating guidelines into standards. One participant had a question as to whether objective standards would directly affect housing affordability. One person attended the April 18, 2023 workshop to present the draft document, which had been available online as of March 24, 2023.
Stakeholders’ Meetings with Designers (November 9, 2021) and Developers (November 10, 2021)
To understand challenges in the current permit review process and feedback on objective standards, staff and the Consultant team conducted two stakeholders’ meetings, one with designers and one with developers. Designers expressed their concern over objective standards being too prescriptive and providing options to consider if standards cannot be open to interpretation. Developers expressed concern over the addition of design standards combined with other development standards and project design becoming cumbersome. The developers suggested that the City’s non- negotiables for building design have clear objectives and intent in the document. Both expressed that architectural theme, context, and relationship to forms would be difficult to establish with objective standards.
Planning Commission Study Session on January 10, 2022
Along with the consultant team, staff introduced the project for the first time to the Planning Commission, presenting the legal background and providing a definition of objective standards per government code. Staff provided the Planning Commission with the preliminary analysis of the current process and policies as well as the schedule. The Planning Commission expressed their concerns with infill development and directed staff to address privacy issues, also requesting flexibility to update or amend the document in the future.
Planning Commission Study Session on March 27, 2023
This study session was conducted after releasing the public draft of the Citywide Objective Design Standards document. Staff and the Consultant team provided a brief background of the project and summary of the draft document content, including methods of providing options to afford as much flexibility as possible for applicants, without being too prescriptive. The Planning Commission had a
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lengthy discussion whether a deviation process would be available for projects that can provide better architecture. Also, they had questions related to stepback standards, separation requirements between tall building masses, and massing breaks proposed in the draft document. The Planning Commission also requested consideration of lighting standards that would be consistent with dark sky standards.
ALTERNATIVES
Forward a Recommendation to the City Council to:
1. Take the following actions:
a. Adopt a Resolution to establish Citywide Objective Design Standards for Multi-Family Residential and Mixed-Use Developments;
b. Repeal the Mixed-Use Development Tool Kit and the High Density Residential Design Guidelines;
c. Rename the Citywide Design Guidelines to Non-Residential Design Guidelines; d. Direct the Director of Community Development to administratively update other adopted design guidelines to be aligned with the new Object Design Standards; e. Introduce an Ordinance to Amend Sunnyvale Municipal Code Section 19.37.020; and, f. Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3).
2. Alternative 1 with modifications.
3. Provide other recommendations as the Planning Commission deems appropriate.
STAFF RECOMMENDATION
Recommend to City Council:
Alternative 1: Take the following actions:
a. Adopt a Resolution to establish Citywide Objective Design Standards for Multi-Family Residential and Mixed-Use Developments;
b. Repeal the Mixed-Use Development Tool Kit and the High Density Residential Design Guidelines;
c. Rename the Citywide Design Guidelines to Non-Residential Design Guidelines; d. Direct the Director of Community Development to administratively update other adopted design guidelines to be aligned with the new Object Design Standards; e. Introduce an Ordinance to Amend Sunnyvale Municipal Code Section 19.37.020; and, f. Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3).
Staff recommends the Planning Commission forward Alternative 1 to the City Council. Although the existing design guidelines contain a few objective policies, those policies are insufficient to direct an applicant team to design a building that would meet the City’s General Plan and other policy documents to improve the neighborhood. Having adopted Objective Design Standards would provide City staff and project applicants the guidance needed to develop more compatible site and building design for Sunnyvale. The proposed standards are objective, and the document includes ways to let designers and applicants choose from multiple options while providing flexibility that is more feasible for both site constraints and building design.
Prepared by: Kelly Cha, Associate Planner
Reviewed by: Michelle King, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director of Community Development Reviewed by: Teri Silva, Assistant City Manager
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Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Reserved for Report to Council
2. Document with links to:
a. Project Webpage
b. Draft Citywide Objective Design Standards for Multi-family Residential and Mixed-Use Developments (published March 24, 2023)
c. Existing Design Guidelines
3. Draft Resolution to Establish Citywide Objective Design Standards for Multi-family Residential and Mixed-Use Developments (updated draft attached)
4. Draft Ordinance to Amend Sunnyvale Municipal Code Section 19.37.020
5. Draft Citywide Objective Design Standards Checklist
6. Study Issue CDD 20-02 Develop Landscape Design Standards (from 2021 Study Issues Workshop)
7. Updated Draft Citywide Objective Design Standards (with track changes)
Attachment 1