Sunnyvale City Council
December 5, 2023

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RE

COMMENDED FINDINGS
California Environmental Quality Act (CEQA) Findings for Projects Consistent with
CEQA Guidelines Section 15168 and the Lawrence Station Area Plan (LSAP) Update/Intuitive Surgical Corporate Campus Subsequent Environmental Impact Report (SEIR)
T
he City Council hereby makes the following findings based on the Environmental Checklist for the 1150-1170 Kifer Road Project (the “Project”) prepared by Ascent Environmental, dated September 2023 (“Environmental Checklist”):

A. C
EQA Guidelines Section 15168

1. The City Council has independently reviewed the programmatic Final Subsequent Environmental Impact Report for the Lawrence Station Area Plan (“LSAP”) Update/Intuitive Surgical Corporate Campus Project, State Clearinghouse #2019012022, certified on September 14, 2021 (“Program SEIR”).

2. The LSAP anticipates construction of an additional 1.2 million square feet of net new office/R&D/industrial and 5,935 net new residential units within the 229-acre plan area through 2040. The LSAP was originally adopted on December 6, 2016 with an allowance for 2,323 net new residential units and 1.2 million square feet of net new office/R&D/industrial. The LSAP was updated in 2021 (“LSAP Update”) to include an additional 3,612 residential units. The office/R&D/industrial capacity did not change.

3. In addition to serving as the environmental document for the approval of the LSAP Update/Intuitive Surgical Corporate Campus Project, the Program SEIR was intended by the City to serve as the basis for compliance with CEQA for future discretionary actions to implement the LSAP and proposed project, in accordance with Public Resources Code Section 21094 and Section 15168 of the CEQA Guidelines.

4. The Program SEIR identified measures to mitigate, to the extent feasible, the significant adverse project and cumulative impacts associated with the buildout anticipated by the LSAP and more specifically, for the Project. In addition, the Program SEIR identified significant and unavoidable impacts for air quality and wastewater services.

5. On September 14, 2021, the City Council made Findings, adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program, certified the Program SEIR and adopted the LSAP Update.

6. The City has analyzed the proposed Project pursuant to Public Resources Code Section 21094(c) and Section 15168(c)(2) and (4) of the CEQA Guidelines to determine if the Project may cause significant effects on the environment that were not examined in the Program SEIR and whether the Project is within the scope of the Program SEIR.

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7. The City Council finds that the Project will not result in environmental effects that were not adequately examined in Program SEIR. As demonstrated by the City’s analysis of the Project, the Project in the Final Environmental Checklist dated September 2023 will incrementally contribute to, but will not increase the severity of, significant environmental impacts previously identified in the Program SEIR.

8. For the reasons discussed in Section ENVIRONMENTAL REVIEW of the PLANNING COMMISSION Staff Report for the proposed Project dated October 9, 2023, the City Council finds that the proposed Project is consistent with the LSAP.

9. In accordance with Public Resources Code Section 21094(b) and Section 15168(c)(2) and (4) of the CEQA Guidelines, none of the conditions or circumstances that would require preparation of subsequent or supplemental environmental review pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 exists in connection with the Project:
a) The Project does not include any substantial changes that were not analyzed in the LSAP and no substantial changes have occurred with respect to the circumstances under which the Project is to be undertaken consistent with the LSAP, so the Program SEIR does not require any revisions due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. b) No new information of substantial importance, which was not known and could not have been known at the time that the Program SEIR will be certified as complete, shows that the Project would cause new or substantially more severe significant environmental impacts as compared against the impacts disclosed in the Program SEIR, that mitigation measures or alternatives found infeasible in the Program SEIR would, in fact be feasible, or that different mitigation measures or alternatives from those analyzed in the Program SEIR would substantially reduce one or more significant environmental impacts found in the Program SEIR.

10. All significant effects on the environment due to the implementation of the Project have been eliminated or substantially lessened where feasible through the Program SEIR mitigation measures adopted in connection with the City Council’s planned certification of the Program SEIR. All Program SEIR mitigation measures applicable to the Project are hereby made a condition of the Project’s approval.

11. In accordance with Public Resources Code Section 21094(d), the City Council finds that any significant and unavoidable impacts of the Project with regard to project- level and cumulative construction air quality for both the LSAP Update and Intuitive Development Project; and a cumulative impact on wastewater services for the LSAP Update are outweighed by overriding considerations as set forth in the Program SEIR and in the Findings adopted by the City Council in connection with the certification of the Program SEIR, as incorporated by reference and reaffirmed herein.

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12. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the City Council, exercising its independent judgment and analysis, finds that the Project is consistent with the LSAP, falls within the environmental parameters analyzed in the Program SEIR, and would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Program SEIR, nor would new mitigation be required for the Project.

13. The Department of Community Development, Planning Division, is the custodian of the records of the proceedings on which this decision is based. The records are located at Sunnyvale City Hall, 456 West Olive Ave., Sunnyvale, CA 94086.

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Special Development Permit

In order to approve a Special Development Permit, the following findings must be made.

1. The proposed project attains the objectives and purposes of the General Plan and Lawrence Station Area Plan (LSAP) of the City of Sunnyvale. (Finding met).

Key goals, objectives, policies, and design guidelines from the General Plan and LSAP are listed below:

GENERAL PLAN LAND USE AND TRANSPORTATION ELEMENT

GOAL LT-1: COORDINATED REGIONAL AND LOCAL PLANNING -
Protect the quality of life, the natural environment, and property investment, preserve home rule, secure fair share of funding, and provide leadership in the region.

Policy LT-1.2 Minimize regional sprawl by endorsing strategically placed development density in Sunnyvale and by utilizing a regional approach to provide and preserve open space for the broader community.

LT-1.2a Promote transit-oriented and mixed-use development near transit centers such as Lawrence Station, Downtown, and El Camino Real and in neighborhood villages.

Policy LT-1.3 Contribute to a healthy job-to-housing ratio in the region by considering jobs, housing, transportation, and quality of life as inseparable when making planning decisions that affect any of these components.

Policy LT-1.4 Coordinate with adjacent cities on local land use and transportation planning.

Policy LT-1.6 Integrate land use planning in Sunnyvale and the regional transportation System.

LT-1.6a Promote shorter commute trips and ease congestion by advocating that all communities provide housing and employment opportunities.

LT-1.6b Support regional efforts which promote higher densities near major transit and travel facilities.

Policy LT-1.7 Emphasize efforts to reduce regional vehicle miles traveled by supporting active modes of transportation including walking, biking, and public transit.

ENVIRONMENTAL PROTECTION AND ADAPTATION
Policy LT-1.10 Participate in federal, state, and regional programs and processes in order to protect the natural and human environment in Sunnyvale and the region.

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LT-1.10e Continue to evaluate and ensure mitigation of potential biological impacts of future development and redevelopment projects in a manner consistent with applicable local, state, and federal laws and regulations.

LT-1.10f Continue to condition projects to halt all ground-disturbing activities when unusual amounts of shell or bone, isolated artifacts, or other similar features are discovered. Retain an archaeologist to determine the significance of the discovery. Mitigation of discovered significant cultural resources shall be consistent with Public Resources Code Section 21083.2 to ensure protection of the resource.

GOAL LT-2 ENVIRONMENTALLY SUSTAINABLE LAND USE AND
TRANSPORTATION PLANNING AND ENVIRONMENT – Support the
sustainable vision by incorporating sustainable features into land use and transportation decisions and practices.

GREEN DEVELOPMENT
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.

GREENHOUSE GAS REDUCTION
Policy LT-2.2 Reduce greenhouse gas emissions that affect climate and the environment though land use and transportation planning and development.

Policy LT-2.3 Accelerate the planting of large canopy trees to increase tree coverage in Sunnyvale in order to add to the scenic beauty and walkability of the community; provide environmental benefits such as air quality improvements, wildlife habitat, and reduction of heat islands; and enhance the health, safety, and welfare of residents.

LT-2.3d Require tree replacement for any project that results in tree removal, or in cases of constrained space, require payment of an in-lieu fee. Fee revenues shall support urban forestry programs.

GOAL LT-3 AN EFFECTIVE MULTIMODAL TRANSPORTATION SYSTEM – Offer the community a variety of transportation modes for local travel that are also integrated with the regional transportation system and land use pattern. Favor accommodation of alternative modes to the automobile as a means to enhance efficient transit use, bicycling, and walking and corresponding benefits to the environment, person throughput, and qualitative improvements to the transportation system environment.

EFFECTIVE INTEGRATION OF TRANSPORTATION AND LAND USE PLANNING Policy LT-3.1 Use land use planning, including mixed and higher intensity uses, to support alternatives to the single-occupant automobile such as walking and bicycling and to attract and support high investment transit such as light rail, buses, and commuter rail.

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Policy LT-3.2 Refine land use patterns and the transportation network so they work together to protect sensitive uses and provide convenient transportation options throughout the planning area.

LT-3.2b Require needed street right-of-way dedications and improvements as development occurs. Any additional right-of-way beyond that required by the roadway classification should be used for alternative mode amenities, such as bus pullouts or medians, wider bike lanes, or walkways.

Policy LT-3.5 Follow California Environmental Quality Act requirements, Congestion Management Program requirements, and additional City requirements when analyzing the transportation impacts of proposed projects and assessing the need for offsetting transportation system improvements or limiting transportation demand.

A WELL-DESIGNED AND WELL-OPERATED TRANSPORTATION NETWORK Policy LT-3.6 Promote modes of travel and actions that provide safe access to city streets and reduce single-occupant vehicle trip lengths locally and regionally.

COMPLETE STREETS THAT BALANCE ALL TRANSPORTATION MODES
Policy LT-3.22 Provide safe access to City streets for all modes of transportation.

Safety considerations of all transport modes shall take priority over capacity considerations of any one transport mode.

LT-3.22c Minimize driveway curb cuts, and require coordinated access.

Policy LT-3.23 Ensure that the movement of cars, trucks and transit vehicles, bicycles, and pedestrians of all ages and abilities does not divide the community.

City streets are public spaces and an integral part of the community fabric.

LT-3.23a Provide clear, safe, and convenient links between all modes of travel, including access to transit stations/stops and connections between work, home, commercial uses, and public/quasi-public uses.

LT-3.23b Encourage the incorporation of features that enhance street public spaces, such as street trees, public socialization spaces, and sidewalks separated from the curb.

Policy LT-3.26 Support the proliferation of multi-use trails within Sunnyvale and their connection to regional trails in order to provide enhanced access to open space, promote alternative transportation options, and increase recreational opportunities while balancing those needs with the preservation of natural habitat, public safety, and quality of life in residential neighborhoods.

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GOAL LT-4 AN ATTRACTIVE COMMUNITY FOR RESIDENTS AND BUSINESSES - In combination with the City’s Community Design sub-element, ensure that all areas of the City are attractive and that the City’s image is enhanced by following policies and principles of good urban design while valued elements of the community fabric are preserved.

Policy LT-4.1 Preserve and enhance an attractive community, with a positive image, a sense of place, landscaping, and a human scale.

Policy LT-4.2 Encourage nodes of interest and activity, public open spaces, well- planned development, mixed-use projects, signature commercial uses, and buildings and other desirable uses, locations, and physical attractions.

LT-4.2a Promote the development of signature buildings and monuments that provide visual landmarks and create a more distinctive and positive impression of Sunnyvale within the greater Bay Area.

LT-4.2c Allow for innovative architectural design.

Policy LT-4.4 Avoid monotony and maintain visual interest in newly developing neighborhoods, and promote appropriate architectural diversity and variety.

Encourage appropriate variations in lot sizes, setbacks, orientation of homes, and other site features.

GOAL LT-7 DIVERSE HOUSING OPPORTUNITIES Ensure the availability of ownership and rental housing options with a variety of dwelling types, sizes, and densities that contribute positively to the surrounding area and the health of the community.

Policy LT-7.2 Determine the appropriate residential density for a site by evaluating the site planning opportunities and proximity of services (such as transportation, open space, jobs, and supporting commercial and public uses.

Policy LT-8.4 Promote compact, mixed-use, and transit-oriented development in appropriate neighborhoods to provide opportunities for walking and biking as an alternative to auto trips.

Policy LT-8.5 Promote walking and bicycling through street design.

LT-8.5a Develop complete streets principles to accommodate all users, including pedestrians, bicyclists, skaters, and wheelchair users, along with motor vehicles in transportation corridors.

LT-8.5b Enhance connectivity by removing barriers and improving travel times between streets, trails, transit stops, and other pedestrian thoroughfares.

LT-8.5d Promote separation of streets and sidewalks with planter strips and widened sidewalks, especially on streets with no parking lane.

LT-8.5f Support streetscape standards for vegetation, trees, and art installations to enhance the aesthetics of walking and biking.

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GOAL LT-9 ADEQUATE AND BALANCED OPEN SPACE – Provide and maintain adequate and balanced open space and recreation facilities for the benefit of maintaining a healthy community based on community needs and the ability of the City to finance, construct, maintain and operate these facilities now and in the future.

Policy LT-9.15 In applying the park dedication requirements for new development, place a priority on acquiring land over in-lieu payment, particularly when the development is in areas identified as underserved and/or when the land is of sufficient size or can be combined with other land dedication to form larger mini parks or neighborhood parks.

GOAL LT-14 SPECIAL AND UNIQUE LAND USES TO CREATE A DIVERSE AND COMPLETE COMMUNITY Provide land use and design guidance so that special unique areas and land uses can fulfill their distinctive purposes and provide a diverse and complete community fabric.

EXISTING PLANS
Policy LT-14.2 Support the following adopted specialized plans and zoning tools, and update them as needed to keep up with evolving values and new challenges in the community: Downtown Specific Plan, Lakeside Specific Plan, Arques Campus Specific Plan, Lawrence/101 Site Specific Plan, Precise Plan for El Camino Real, Moffett Park Specific Plan, Peery Park Specific Plan, and Lawrence Station Area Plan.

FUTURE PLANS
Policy LT-14.3 Use special area plans to guide land use and development in areas that support alternative travel modes, Village Centers, economic development, and a better jobs/housing ratio.

LT-14.3a Maintain sense of place plans that provide more focused policies and development standards to guide future land use and transportation decisions.

SPECIAL ZONING TOOLS
Policy LT-14.7 Balance the need for additional residential uses with industrial uses needed for a healthy economy.

COMMUNITY BENEFITS
Policy LT-14.8 Ensure that development projects provide appropriate improvements or resources to meet the city’s future infrastructure and facility needs; and provide development incentives that result in community benefits and enhance the quality of life for residents and workers.

LT-14.8b Establish zoning incentives, density bonuses, or other land use tools where higher development potential may be allowed based on contributions toward desired community benefits.

GENERAL PLAN COMMUNITY CHARACTER CHAPTER

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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-1.1 Identify the boundaries of the City with attractive and distinctive features.

CC-1.1a Encourage unique and uniform roadway landscaping and, where possible, median improvements to distinguish city boundaries.

CC-1.1c Continue to develop a comprehensive gateway improvement program to select major gateways for improvements such as special landscaping, signage, visitor information centers patterned pavement, monuments or artwork and unique private development standards.

CC-1.1d Consider installing new City of Sunnyvale monument signs at major gateways into Sunnyvale and developing a comprehensive sign program to identify major attractions within the City.

Policy CC-1.3 Ensure that new development is compatible with the character of special districts and residential neighborhoods.

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 vital and attractive environment for businesses, residents, and visitors, and be reasonability balanced with the need for economic development to assure Sunnyvale’s economic prosperity.

Policy CC-3.2 Ensure site design is compatible with the natural and surrounding built environment.

GENERAL PLAN HOUSING AND COMMUNITY REVITALIZATION SUB-

ELEMENT

GOAL HE-1 ADEQUATE HOUSING – Assist in the provision of adequate housing to meet the diverse needs of Sunnyvale’s households of all income levels.

Policy HE-1.1 Encourage diversity in the type, size, price and tenure of residential development in Sunnyvale, including single-family homes, townhomes, apartments, mixed-use housing, transit-oriented development and live-work housing.

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the availability of affordable housing throughout the community.

GOAL HE-4 ADEQUATE HOUSING SITES – Provide adequate sites for the development of new housing through appropriate land use and zoning to address the diverse needs of Sunnyvale’s residents and workforce.

Policy HE-4.2 Continue to direct new residential development into specific plan areas, near transit, and close to employment and activity centers.

Policy HE-4.3 Require new development to build to at least 75 percent of the maximum zoning density, unless an exception is granted by the City Council.

Policy HE-4.6 Provide expanded areas for higher density housing through the conversion of underutilized industrial areas to residential use, if the sites are fit for residential uses (i.e. no health hazards exist).

GOAL HE-6 SUSTAINABLE NEIGHBORHOODS – Maintain sustainable neighborhoods with quality housing, infrastructure and open space that fosters neighborhood character and the health of residents.

Policy HE-6.1 Continue efforts to balance the need for additional housing with other community values, including preserving the character of established neighborhoods, high quality design, and promoting a sense of identity in each neighborhood.

Policy HE-6.2 Promote neighborhood vitality by providing adequate community facilities, infrastructure, landscaping and open space, parking, and public health and safety within new and existing neighborhoods.

Policy HE-6.6 Encourage use of sustainable and green building design in new and existing housing.

Policy HE-6.7 Continue to permit and encourage a mix of residential and job- producing land uses, as long as there is neighborhood compatibility and no unavoidable environmental impacts.

GENERAL PLAN SAFETY AND NOISE ELEMENT

GOAL SN-1 ACCEPTABLE LEVELS OF RISK FOR NATURAL AND HUMAN- CAUSED HAZARDS – Ensure that natural and human-caused hazards are recognized and considered in decisions affecting the community and that land uses reflect acceptable levels of risk based on identified hazards and occupancy.

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Policy SN-1.1 Evaluate and consider existing and potential hazards in developing land use policies, make land use decisions based on an awareness of the hazards and potential hazards for the specific parcel of land.

Policy SN-1.5 Promote a living and working environment safe from exposure to hazardous materials.

GOAL SN-8 COMPATIBLE NOISE ENVIRONMENT – Maintain or achieve a compatible noise environment for all land uses in the community.

Policy SN-8.1 Enforce and supplement state laws regarding interior noise levels of residential units.

Policy SN-8.3 Attempt to achieve a maximum instantaneous noise level of 50 DBA in bedrooms and 55 DBA in other areas of residential units exposed to train or aircraft noise, where the exterior LDN exceeds 55 DBA.

Policy SN-8.5 Comply with “State of California Noise Guidelines for Land Use Planning” for the compatibility of land uses with their noise environments, except where the City determines that there are prevailing circumstances of a unique or special nature.

Policy SN-8.7 Supplement Figure 6-5, “State of California Noise Guidelines for Land Use Planning” for residential uses by attempting to achieve an outdoor LDN of no greater than 60 DBA for common recreational areas, backyards, patios and medium and large-size balconies. These guidelines should not apply where the noise source is railroad or an airport. If the noise source is a railroad, then an LDN of no greater than 70 DBA should be achieved in common areas, backyards, patios and medium and large balconies. If the noise source is from aircraft, then preventing new residential uses within areas of high LDN from aircraft noise is recommended.

Policy SN-8.8 Avoid construction of new residential uses where the outdoor LDN is greater than 70 DBA as a result from train noise.

Policy SN-8.9 Consider techniques which block the path of noise and insulate people from noise.

SN-8.9 Use a combination of barriers, setbacks, site planning and building design techniques to reduce noise impacts, keeping mind their benefits and shortcomings.

GOAL SN-10 MAINTAINED OR REDUCED TRANSPORTATION NOISE – Preserve and enhance the quality of neighborhoods by maintaining or reducing the levels of noise generated by transportation facilities.

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Policy SN-10.4 Mitigate and avoid the noise impacts from trains and light rail facilities.

GENERAL PLAN ENVIRONMENTAL MANAGEMENT CHAPTER

GOAL EM-8 PROTECTION OF CREEKS AND BAY – Assure the reasonable protection of beneficial uses of creeks and San Francisco Bay, established in the regional board’s basin plan, and protect environmentally sensitive areas.

Policy EM-8.3 Ensure that stormwater control measures and best management practices (BMPs) are implemented to reduce the discharge of pollutants in storm water to the maximum extent practicable.

GOAL EM-10 REDUCED RUNOFF AND POLLUTANT DISCHARGE – Minimize the quantity of runoff and discharge of pollutants to the maximum extent practicable by integrating surface runoff controls into new development and redevelopment land use decisions.

Policy EM-10.1 Consider the impacts of surface runoff as part of land use and development decisions and implement BMPs to minimize the total volume and rate of runoff of waste quality and quantity (hydro modification) of surface runoff as part of land use and development decisions.

GOAL EM-11 IMPROVED AIR QUALITY - Improve Sunnyvale’s air quality and reduce the exposure of its citizens to air pollutants.

Policy EM-11.2 Utilize land use strategies to reduce air quality impact, including opportunities for citizens to live and work in close proximity.

Policy EM-11.3 Require all new development to utilize site planning to protect citizens from unnecessary exposure to air pollutants.

Policy EM-11.6 Contribute to a reduction in regional vehicle miles traveled.

LAWRENCE STATION AREA PLAN
Goal LU-G3 Promote a mix of employment and residential uses.

Goal LU-G4 Although the plan allows for flexible use of property, a balance should be found to ensure the mix of uses remains diverse at all times.

Goal LU-G5 Provide a mix of uses within the Plan area that encourages transit ridership, creates a neighborhood of 24-hour activity and supports the provision of amenities such as open space and support services such as retail.

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Goal LU-G6 Provide a flexible land use pattern that provides the desired balance of employment and residential uses in order to create an active daytime and nighttime environment.

Goal LU-G7 Incorporate land use flexibility to respond to variable market conditions, while promoting a blend of employment, residential and retail uses.

Goal LU-G9 Provide sufficient development intensity to allow the feasible development of associated amenities (such as open space) and support services.

Goal LU-G10 Maximize development intensities in order to support transit usage.

Policy LU-P3 Allow transition to higher density transit-supportive uses as opportunities arise through turnover of businesses or property ownership.

Policy LU-P4 Establish appropriate levels of development for employment and residential uses to ensure a balance exists in the plan area.

Policy LU-P5 Ensure compatibility between adjoining residential and non- residential uses.

Goal H-G1 Provide sufficient housing in the Plan area to support an increase in rail transit ridership.

Goal H-G2 Provide a range of housing types in the station area to provide for all income groups and lifestyles.

Goal H-G3 Encourage and support development of affordable housing in the Plan area.

Policy H-P1 Encourage a diverse mix of housing tenure, including ownership, rental, affordable and housing for seniors.

Policy H-P2 Prioritize the provision of affordable housing in the Plan area.

Policy H-P4 The City’s affordable housing requirements for residential development are based on the total number of units proposed in the project that are obtained by base maximum density plus the green building bonus and highest density achieved with incentive points, if proposed. Additional units obtained through the state density bonus are not counted toward the affordable housing requirement calculation. If no incentives are proposed, the affordable housing requirement is based on the total number of units proposed in the project, as allowed by the zoning district’s base maximum density.

Policy OSP-6 Preserve and protect the existing mature street trees on Sonora Court, Uranium Drive, San Zeno Way, and Kifer Road.

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Goal D-G1 Develop the Plan area with a diverse mix of uses at intensities sufficient to support and take advantage of the significant existing public investment in transit.

Goal D-G2 Encourage a range of development intensities in order to achieve neighborhood diversity and allow flexibility for businesses, property owners, workers and residents.

Goal D-G3 Implement the development of the Plan, including the provision of amenities and support services through development incentives rather than relying exclusively on regulatory actions or direct public investment.

Goal D-G4 Ensure that new development and construction activities improve, rather than adversely impact, the natural environment.

Policy D-P3 Encourage development at the highest density obtained with incentive points in order to maximize the provision of neighborhood-serving amenities, support services and infrastructure improvements.

Policy D-P4 Require new residential development to build to at least 85 percent of the zoning district’s base maximum density.

Policy D-P5 Additional residential densities may be achieved above the base maximum density or density obtained through the LSAP Incentives Program by providing affordable housing consistent with State Density Bonus Law.

Policy CF-P3 Establish a secondary bicycle/pedestrian network through private property of publicly-accessible north/south and east/west paths.

Policy CF-P10 To the extent possible, locate the Loop Road and all new shared- use paths and pathways along property lines between parcels in order to minimize impacts on individual properties and building operations and to share benefits between property owners. This will also allow phased development on a parcel-by- parcel basis at the discretion and timing of property owners as they seek to redevelop their land. Allow flexibility in the final locations of the loop road, shared- used paths, and pathways based on specific site conditions.

Policy CF-P11 Provide a wide, landscaped pedestrian sidewalk zone, continuous Class II/Class IIB bicycle lanes, and transit stops continuously along Kifer Road in the Plan area.

Policy CF-P12 Support efforts to grade separate Lawrence Expressway across the Plan area in order to a) reduce traffic congestion on local intersections, b) reduce the barrier to east-west movement created by the existing design of the Expressway, c) better balance vehicle access to Lawrence Station, while minimizing conflicts with pedestrians, and d) provide direct vertical access to the Lawrence Station, and e) improve through-capacity of the Expressway itself.

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Policy CF-P13 Ensure the existing mature street trees along Kifer Road, Uranium Drive, San Zeno Way, and Sonora Court will not be adversely impacted by street improvement projects. Incorporate the mature trees into the landscape improvements of the street.

Goal P-G1 Provide safe, inviting, and attractive pedestrian connections for residents, workers and visitors to Lawrence Station and other key destinations in the Plan area.

Policy P-P2 Facilitate pedestrian access and safety along key pedestrian corridors through pedestrian enhancements, including crosswalk enhancements, curb extensions (bulbouts), and wider sidewalks.

Policy P-P6 For new sidewalks in the Plan area, provide a minimum sidewalk width of ten feet inclusive of a minimum paved pedestrian travel zone width of six feet and a landscaped four-foot street buffer zone. Exceptions may be approved by the City’s Public Works Department based on site-specific conditions, such as preserving existing mature trees.

Policy P-P7 For new sidewalks along Sonora Court and the west side of San Zeno Way and Uranium Drive, provide sidewalks behind trees with a minimum pedestrian travel zone width of six feet. Sidewalks not in conflict with existing trees shall follow the dimensions in P-P6. Exceptions may be approved by the City’s Public Works Department based on site-specific conditions, such as preserving existing mature trees.

Policy P-P10 Ensure that all new and improved pedestrian facilities are designed to comply with ADA standards.

Policy B-P1 Require property development to provide Class I, Class II, and Class IIB bicycle facilities to fill in the gaps in the existing and planned bicycle network.

Policy B-P5 Connect new neighborhood open spaces with publicly-accessible streets, bicycle facilities and pedestrian linkages.

Policy B-P7 Provide Class I or Class II bicycle parking per Lawrence Station Area Plan bicycle parking requirements.

Policy PK-P2 Establish a shared parking program in advance of development, with the following features:
a. Require developers to submit a shared parking analysis. b. Allow new development to either provide sufficient off-street parking supply to meet the incremental increase in parking demand associated with the proposed project, and/or lease parking space from earlier parcel owners who have available parking located adjacent to the development parcel (within ¼ mile radius or closer). c. Require new residential development to provide no more than 2 parking spaces per residential unit for exclusive use by residents. Additional parking supply that may Attachment 3 Page 15 of 35
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be needed for the development shall be provided in shared facilities that will be required to be open to all users, including transit station patrons. d. Require management by the parcel owner.
e. Verify the accuracy of the parking demand estimates of the shared parking model based on interim parking demand counts over the course of the build-out of the Plan area. Conduct parking counts during the peak parking demand period as identified in the shared parking analysis: weekday afternoons in December. Parking ratios in the shared parking model shall be calibrated to the parking demand counts if there is a significant discrepancy.

Policy PK-P4 Unbundle parking costs from property or lease costs, provided that every unit has the option to access at least one parking space.

Goal TDM-G1 Reduce vehicle trips in the Lawrence Station Plan area through TDM programs.

Policy U-P1 Promote the use of bio-retention basins and flow-through planters, as well as green roofs, in filtration trenches, media filtration devices, and pervious surface treatments as a part of stormwater management strategies for new development.

Policy U-P9 Require developers to coordinate with telecommunication providers and have the necessary infrastructure installed.

Policy U-P11 Establish a sanitary sewer infrastructure impact fee for residential developments that contribute to sanitary sewer impacts found for the plan update.

Policy CON-P1 Carry out the Sense of Place Plan’s publicly-accessible framework of the Loop Road, shared-use paths, and pathways scaled to pedestrians and bicycle users, with the Loop Road accessible to all modes of travel.

Policy CON-P2 Achieve nearest term construction of the publicly-accessible Loop Road, shared-use paths and secondary pathways/roadways by providing incentives for private development projects and the option to transfer development rights for construction of the improvements on offsite properties.

Guideline CON-UDG1 On properties where the Sense of Place Plan identifies the location of the new Loop Road, shared-use paths, and secondary pathways/roadways, development projects shall be required, at a minimum, to provide a public access easement for their future construction. Development incentives may be provided for the construction of the improvements.

Guideline CON-UDG2 The Loop Road, shared-use paths, and secondary pathways/roadways should follow the locations, cross sections, and alignments shown in the Sense of Place Plan.

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pathways identified in the Sense of Place Plan when multi-modal access is not feasible.

Guideline CON-UDG8 Secondary pathways/roadways north of the tracks should bridge the Loop Road with other public streets or primary shared-use paths.

Secondary pathways south the tracks should provide a more direct route to Lawrence Station.

Guideline CON-UDG9 Property owners shall record an agreement, either on the final map or through a separate legal instrument, to allow adjacent property owners to connect to the new publicly-accessible Loop Road, shared-use paths, and/or secondary pathways/roadways in order to form one continuous and uninterrupted thoroughfare as intended in the Sense of Place Plan.

Guideline CON-UDG10 Prohibit security gates on publicly-accessible routes.

Guideline CON-UDG11 Maintain an open, walkable environment throughout the Plan area.

Policy ITR-P1 Ensure compatibility between residential and industrial/office/R&D uses upon review of new development on the same site or neighboring sites in order to minimize adverse impacts between the different land uses.

Guideline ITR-UDG1 Consider existing land uses during site planning and strive to locate compatible uses next to each other. On a case-by-case basis, address adverse impacts to existing adjacent industrial/office/R&D uses for development projects that propose to convert industrial sites to residential.

Guideline ITR-UDG3 Phase I Environmental Site Assessments (ESA), and if warranted, Phase II ESAs, are required for all residential development projects on existing industrial/office/R&D sites. Applicants shall participate in the appropriate state or county agency oversight programs for review of remediation measures related to any contaminated environmental media, including, but not limited to, soil, groundwater, and soil gas vapor.

Guideline ITR-UDG4 Acoustical studies shall be conducted for development of new land uses that are different than the adjacent land uses (e.g. new residential next to existing industrial). The intent is to protect new users from noise impacts from adjoining uses, and in the inverse. Acoustical attenuation measures recommended by the studies shall be incorporated into development projects.

Policy SP-P1 Achieve a more urban and visually interesting character, by siting buildings to adjoin the public environment of streets and sidewalks, rather than being set back behind surface parking and large planted setbacks.

Policy SP-P2 Provide access routes for bicyclists and pedestrians within new development to existing or future connections offsite.

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Guideline SP-UDG1 Site buildings to reinforce the street edge or corner by maximizing building frontage along the street. Building setbacks will vary by street type, as noted in the Zoning Code.

Guideline SP-UDG2 In larger parcels north of the tracks, establish a fine-grained grid of building blocks no longer than 400 feet on a side, with pedestrian access around the blocks. Provide mid-block through-connections for blocks greater than 400 feet. Midblock connections may include pedestrian-only access or shared access for vehicles, bicycles, and pedestrians.

Guideline SP-UDG5 Maintain neighborhood and street character by locating residential uses adjacent to, and across the street from one another where possible.

Guideline SP-UDG6 Limit curb cuts to minimize pedestrian-vehicular conflicts.

Guideline SP-UDG7 Accommodate fire and emergency access per state and local codes and site them to avoid pedestrian and bicycle conflicts.

Guideline SP-UDG8 Portions of buildings are encouraged to be set back to preserve existing large canopy street trees or adequately accommodate new street trees.

Guideline SP-UDG9 For residential or mixed use development, parking shall be accessed from the side street/drive aisle or rear alleys, away from pedestrian priority ways.

Policy BH-P1 Encourage the greatest concentration of taller buildings in the Plan area north of the tracks in the vicinity of Lawrence Station in order to ensure a high concentration of jobs and residents in close proximity to the station and emphasize the area’s function as a transit hub.

Guideline BH-UDG4 Vary building heights within blocks and parcels in order to provide visual interest and variety and to avoid a blocky, uniform appearance.

Guideline BH-UDG5 Provide optimal solar access for residents and workers in the design and location of buildings.

Guideline BH-UDG6 The solar access requirements of the Zoning Code do not apply to development in the LSAP.

Guideline BMA-G1 Modulate and articulate the massing on large buildings in order to reduce their apparent scale, ensure their compatibility with the surrounding development, and help create a pedestrian- scaled environment.

Guideline BMA-UDG1 To provide variation in wall planes, each side of a building shall include at least three distinct vertical modules that project from the primary wall Attachment 3 Page 18 of 35
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plane by at least 15 feet wide by 5 feet deep.

Guideline BMA-UDG2 Buildings shall be organized with a horizontal base, middle, and top as a fundamental design approach.
• The building base should be differentiated with projections and setbacks and enriched with finer grain design detail and decorative elements, such as awnings, canopies, arcades, entries, window treatments, planter boxes, etc., to support a more pedestrian-oriented streetscape.
• T he middle and top portions of the building, including the upper floors above the building base should be set back from the back of the sidewalk and articulated to create a regular rhythm and sense of pedestrian-scaled enclosure to the public realm. Smaller sites and sites with shallow depths may propose alternative design approaches to provide architectural interest through quality exterior materials and architectural features.

Guideline BMA-UDG4 Articulation of the building facades on the ground and upper floors is a priority, to avoid the appearance of a monolithic structure. • Continuous flat facades shall be avoided and instead facades shall be articulated through use of increased upper floor setbacks; building recesses/openings; architectural wall projections from the main wall plane; recessed windows; awnings; recessed or projecting balconies; bay windows; and breaks in the horizontal and vertical planes.
• Every 275 linear feet of the façade on non-residential buildings shall have a minimum wall recess/opening of at least 30 feet wide by 30 feet deep. The recess/opening may occur anywhere within the 275 feet.
• Every 175 linear feet of the façade on residential/mixed-use buildings shall have a minimum wall recess/opening of at least 15 feet wide by 15 feet deep.

The recess/opening may occur anywhere within the 175 feet. Balconies and useable open spaces may be located within the wall recess/opening.

Guideline BMA-UDG5 Variable heights and roof forms shall be used to break up the length of the building roofline. Buildings built within 15 feet of the maximum height limit shall reduce height by at least one story every 100 linear feet. The location of the height reduction may occur anywhere within the 100 feet.

Guideline BMA-UDG6 Roof treatments, such as cornices and overhangs, are encouraged to define building tops. Parapets without architectural detailing are not allowed.

Guideline BMA-UDG8 Accentuate major gateways and termini in the Plan area with architectural focal points.

Guideline BMA-UDG10 Screen rooftop mechanical equipment and other equipment from sight in all directions from the property lines, as demonstrated by line of sight drawings. The screening shall match the building architecture.

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Policy BO-P1 Activate the street and sidewalk by providing active ground floor uses, locating building entries and windows in appropriate locations, and providing pedestrian-scaled elements.

Guideline BO-UDG1 Orient buildings to ensure that the primary façades and entrance areas of all buildings face the street, open space areas, or other pedestrian-oriented circulation areas.

Guideline BO-UDG2 Place windows and storefronts at the street level and ground floor.

Guideline BO-UDG3 Use clear, non-reflective glazing on all windows at street level.

Guideline BO-UDG4 Emphasize building entries with small entry plazas, vertical massing, and architectural elements such as awnings, arcades, or porticos.

Guideline BO-UDG5 Design entries so that they are clearly identifiable from the street and primary pedestrian corridors. Each development must identify primary pedestrian corridors to ensure each entry leads to a primary pedestrian corridor.

Guideline BO-UDG6 Provide a walkway leading from the street to the building entrance if the building is not located directly on a public sidewalk.

Guideline BO-UDG7 Enhance building entries and the adjoining pedestrian realm with plazas and landscaping.

Guideline BO-UDG10 Include features that add depth, shadow and architectural interest, such as balconies, recesses, cornices, bay windows, and step-backs at upper floors, consistent with the building’s style and scaled for pedestrians.

Guideline BO-UDG11 Blank walls along streets, the Loop Road, shared-use paths, and secondary pathways/roadways shall be no greater than 30 linear feet without being interrupted by a window or entry…

Policy RB-P1 Ensure that residential buildings contribute activity to public streets and open spaces.

Policy RB-P2 Ensure that residential buildings provide privacy for residents.

Guideline RB-UDG1 Entries to residential buildings must be accessible directly from the street or public open spaces.

Guideline RB-UDG2 For ground floor units in residential development, the main entrance shall lead directly to the street to create a lively streetscape and a direct relationship with the street and pedestrian realm. Use balconies, stoops, windows, and courtyards to provide architectural interest.

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Guideline RB-UDG3 Employ variation in scale and form for residential development, allowing for both pedestrian-scaled and larger-scaled massing.

Guideline RB-UDG5 In residential development adjacent to a public street or publicly-accessible road or shared-use path/pathway, a building base with a maximum height limit of 50 feet shall be established. Above 50 feet, upper floors of the entirety of the building shall be set back a minimum distance of 15 feet from the front wall of the building base.

Guideline RB-UDG6 Above 75 feet, the length of the building floorplate(s) shall be reduced in length by a minimum of 10% from the floor below.

Guideline RB-UDG7 Windows shall be recessed a minimum of three inches from the adjacent wall surface to create visual architectural relief, definition, and shadow.

Policy BM-P1 Encourage variety in building materials to create a visually interesting environment.

Policy BM-P2 Use building materials to define the functional levels of a building and its relationship to the public realm (particularly at the street level).

Policy BM-P3 Ensure that materials avoid excessive monumentality or a monolithic character.

Policy BM-P4 Ensure that materials fit with the character and context of the existing development.

Policy BM-P5 Prioritize sustainability as a key consideration.

Guideline BM-UDG1 Use high-quality, durable architectural materials and finishes that provide a sense of permanence. High-quality materials include, but are not limited to:
• Architectural quality cast-in-place concrete
• Glass fiber reinforced concrete (GFRC)
• Decorative (non-structural) modular brick masonry (modular brick should be unglazed, utilizing traditional textures and
• colors)
• Stone (particularly to be used at the pedestrian level at column bases, window sills, window surrounds, stringcourses, and cornices) • Decorative terra cotta
• Stucco and cement plaster (stucco and cement plaster are encouraged to have controlled surface textures and composed patterns of reveal and control joints to create interest; do not use stucco finish to simulate the use of another material, i.e. wood trim window sills)
• Architectural metal panels
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• Standing seam metal roofing
• Barrel roofing tile
• Slate or concrete roofing tile
• Precast concrete (architectural quality, utilizing subtle colors and fine-grained aggregates to create a “cast stone” appearance).

Guideline BM-UDG2 Use materials that express their true properties. Faux reproductions of materials are prohibited with the exception of products that mimic the appearance of wood.

Guideline BM-UDG3 Give preference to sustainable materials, buildings systems, and technologies.

Guideline BM-UDG4 Use materials that improve building envelope performance through insulation values and thermal mass.

Guideline BM-UDG5 Avoid highly reflective surfaces and materials that can cause heat or glare for pedestrians.

Guideline BM-UDG6 Avoid dark materials that absorb heat and reduce solar reflectivity.

Guideline BM-UDG7 Use glazing that is as clear and non-reflective as possible in order to provide transparency and visibility while meeting energy and daylighting performance requirements.

Guideline BM-UDG8 Where new development is planned near existing residential development, new windows and outdoor spaces should be carefully designed to respect the privacy of adjacent and nearby neighbors by limiting direct views into the windows of other residential units

Guideline BM-UDG9 Window design should contribute to and complement the architectural character and style of the building. Its materials, and features, such as the trims and sills, should be of high quality and include some depth to cast shadows and articulate the building.

Guideline BM-UDG10 Development projects shall comply with the City’s Bird-Safe Design Guidelines.

Guideline BM-UDG11 Building bases should be strongly defined with architectural features such as a stringcourse, a continuous horizontal band along the length of the building façade, step backs, or changes in materials and color. Employ accent materials such as tile insets or natural stone at the ground level to add texture, color, and visual interest at the pedestrian level along all pedestrian corridors.

Guideline BM-UDG12 Employ color to differentiate between building elements and to moderate the scale of buildings.

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• A variety of colors are encouraged, selected to enhance natural material choices such as stone, wood, and natural metals, and quality architectural materials such as precast concrete, brick masonry, and barrel tile. • Building colors should be compatible with one another. • Residential units shall be a different color than retail portions of the building.

Use colors with a very high degree of light reflectance sparingly to control glare. Use darker and more intense colors at the building base.

Policy OS-P1 Ensure that open space provided by new development is accessible and attractive.

Guideline OS-UDG7 For residential uses, provide useable open space in accordance with the Zoning Code.
• Useable open space should be well landscaped to enhance the aesthetics of individual developments.
• Residential common areas may be provided in a variety of formats, including courtyards, roof gardens, play areas, and outdoor kitchens. • Common areas, located at upper-level floors for use by building residents and visitors, may qualify as useable open space.
• Podium or rooftop patios and gardens with useable open spaces are highly encouraged.
• Outdoor common areas and common spaces should provide shaded and unshaded areas, adequate lighting for appropriate nighttime use and security, and well-designed seating options, such as seat walls, planter ledges, benches, moveable seating, fixed seating, and seating steps.

Guideline OS-UDG8 Use water pervious surface materials that allow for stormwater capture for parking areas, driveways and pathways to the extent that they do not cause damage to public streets or other infrastructure.

Guideline OS-UDG9 Use sustainable surface materials for paving, such as reclaimed pavers, locally produced materials, or concrete and asphalt with fly ash content.

Guideline OS-UDG10 Include sustainable landscape design strategies, materials and finishes.

Guideline OS-UDG12 Healthy significantly-sized trees should be incorporated into the design of plazas and open space areas.

Guideline OS-UDG14 Use of appropriate native vegetation and water-conserving plant material of varying textures and colors is highly encouraged. Plant material shall conform to water efficient landscaping requirements in the Zoning Code.

Guideline OS-UDG16 On private property, use preferred landscaping materials, including, but not limited to:

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• Precast concrete unit pavers
• Integral colored concrete
• Natural stone
• Glass fiber reinforced concrete/ultra-high-performance concrete • Precast concrete
• Stabilized crushed stone
• Stainless steel, corten steel, or powder-coated metal • Polycarbonate panels
• Tempered glass

Policy PK-P1 Minimize the footprint of parking in the Plan area and ensure that parking facilities, whether in structures, underground, or in surface lots, are well- designed, functional, attractive, and fit well into their surrounding context.

Guideline PK-UDG1 In order to minimize pedestrian/vehicle conflicts and optimize street operation, minimize curb cuts as follows:
• Share access drives and access easements to parking facilities. • Share parking among uses, such as residential and office, as well as between developments, and within entire subareas.
• In particular, minimize the number of vehicular access points (curb cuts) from the following streets: Loop Road, Willow Avenue, Aster Avenue, Uranium Drive, and Sonora Court.

Guideline PK-UDG3 Arrange development in a configuration such that parking is internally-focused with the minimum number of access lanes necessary.

Guideline PK-UDG4 Provide bicycle parking stalls per Chapter 19.35 of the Zoning Code.

Guideline PK-UDG5 Ensure that bicycle parking is secure and weather-protected.

Guideline PK-UDG6 Provide car-sharing spaces, electric vehicle charging stations, and disabled parking spaces per Chapter 19.46 of the Zoning Code, or if superseded by more restrictive requirements in the Building Code and Reach Codes.

Guideline PK-UDG7 Provide safe access for pedestrians through parking facilities to building entries.

Guideline PK-UDG14 Design parking structure access lanes to have the character of an attractive, well-landscaped small urban street.

Guideline PK-UDG15 Locate parking structures away from primary pedestrian corridors as identified on development plans.

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Guideline PK-UDG16 Parking structures that face public streets, publicly-accessible streets, or publicly-accessible shared-use paths/pathways/roadways shall include screening so that parked vehicles are not visible.

Guideline PK-UDG17 Create visual interest and reduce the mass of parking structures through the use of:
• Variation in the dimension and proportion of openings of the façade. Every 200 linear feet of the parking structure façade facing a public street, publicly- accessible street, or publicly-accessible shared-use path/pathway shall have a minimum wall recess/opening of at least 20 feet wide by 20 feet deep. The recess/opening may occur anywhere within the 200 feet.
• Decorative screens, railings, and trellis elements of durable, high-quality materials.
• Materials and designs that are similar to surrounding buildings on site. • Awnings, arcades, trellises, or porticos along street-facing façades and pedestrian connections.
• Provide parking access lanes and driveways at spacing along the street of not less than 100 feet.
• Where parking lanes or courts are visible from the street, planter beds with trees or potted plants should be located between garage doors. • Create shared, unallocated parking spaces, such as carports, in order to maximize site area for new building development and open space.

Guideline PK-UDG18 Locate and design pedestrian entries and stairwells for parking structures:
• As identifying architectural elements.
• Adjacent to public streets and along major pedestrian connections. • To ensure that they are visually open and free of visual obstruction to promote a feeling of security and comfort.
• To minimize conflicts between pedestrians, bicycles, and vehicles.

Guideline PK-UDG22 For parking structures located within buildings occupied by other land uses (such as parking on the ground and upper floors of a residential building), parking areas facing public streets or publicly-accessible streets shall be concealed from exterior view with a solid wall of at least six feet high, or by building area such as residential units, non-residential spaces, and active uses.

Guideline SA-UDG2 Prioritize development of new public open space over other development incentives, given the current lack of open space. Public open space may be privately owned and maintained with a public access easement.

Guideline SA-UDG3 Follow the Sense of Place Plan’s publicly-accessible framework of the Loop Road, shared-use paths, and pathways.

Guideline SA-UDG9 For properties along Lawrence Expressway, San Zeno Way, and Lawrence Station Road, coordinate development plans with Santa Clara County Attachment 3 Page 25 of 35
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for potential land dedications required for the Lawrence Expressway Grade Separation project.

Policy TCW-P1 Encourage the development of a mixed-use village center, focused on Santa Vittoria Terrace; and capitalizing on existing tree assets and connectivity opportunities on Sonora Court.

Policy ST-P1 Create a coordinated street environment that is supportive of new development and strengthens connections to Lawrence Station and other important neighborhood destinations.

Policy ST-P3 Create a pedestrian environment on the Loop Road, Class I shared- use paths, and secondary pathways/roadways that is:
• Interesting, with appealing things to see, touch, hear and smell that makes one’s time in the area a positive experience and encourages return visits. • Attractive, with building and landscape improvements that create a beautiful setting in which people can walk, drive, shop, work, and live. • Safe, allowing people to feel comfortable and secure, whether alone or in a group, during the day, evening and night.
• Successful, where walking becomes a primary means of local transportation, enhancing transit ridership and supporting a thriving neighborhood and retail climate.

Policy SW-P1 To provide a permanent, durable, interconnected network of pedestrian walkways that is accessible to all users, easily maintained, and provides a generally consistent appearance throughout the Plan area. Allow variation in materials and design in special nodes, plazas and gathering points on privately owned and maintained sidewalks.

Guideline SW-UDG3 On privately owned and maintained pathways (including those available for public access), use special paving materials, such as unit pavers made of brick, stone, or concrete, at special nodes, plaza areas and streets, within curb extensions and other special pedestrian areas in order to differentiate them from the sidewalk and define a specific place.

Policy STP-P1 Enhance the urban forest in the Plan area in order to:
• Provide shade and shelter
• Mitigate adverse environmental conditions such as wind and pollution • Add scale to both pedestrian and vehicular streets
• Enhance property values
• Provide wildlife habitat
• Manage stormwater
• Beautify the area.

Guideline STP-UDG1 Plant street trees on all streets while preserving existing trees wherever possible.

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Guideline STP-UDG7 Protect existing street trees wherever possible throughout the Plan area, particularly in the southern residential neighborhoods, along Kifer Road, San Zeno Way, Uranium Drive, and on Sonora Court.

Guideline STP-UDG8 Where tree removal is unavoidable, provide replacement trees in accordance with the City’s Tree Replacement Guidelines.

Guideline L-UDG2 On publicly-accessible shared-use paths and pathways, utilize the lighting standard identified in the Sense of Place Plan, Figure 3-24.

Guideline L-UDG3 Comply with Dark Sky goals and requirements in the selection of luminaires during project design.

Guideline L-UDG7 Provide white light on all streets and pedestrian ways in the Plan area.

Guideline L-UDG8 On private property, use poles and fixtures that are attractive and complement the character of the street and building environment.

Guideline L-UDG9 Use pole heights that relate to the scale of the street/shared-use pathway/path and its users.
• On Santa Vittoria Terrace, the Loop Road, publicly- accessible shared-use pathways and paths, and other internal private streets, mount luminaires on poles not exceeding 18 feet in height.
• On Kifer Road, Uranium Drive, Lawrence Station Road, San Zeno Way, Sonora Court, Aster Avenue, Willow Avenue, and Reed Avenue, mount luminaires on poles not exceeding 30 feet in height. Poles equipped with enhanced wireless communications technology may exceed this height with City review.

Guideline L-UDG10 Shielding and careful placement shall be used for all light fixtures to prevent glare and light spillover for pedestrians, motorists, and nearby residences.
• The output of all area lighting fixtures should be shielded and directed below the horizontal to prevent light pollution and preserve dark skies. • Building facade uplighting, roof “wash” lighting, and landscape uplighting should be carefully shielded to restrict lighting to the intended surfaces only, prevent spill lighting (especially towards residences) and operated on timers that shut off illumination entirely after midnight nightly. • Light sources of low level and stairway lighting should be shielded from direct view.

Policy SF-P1 Provide well-designed furnishing along publicly-accessible private streets, shared-use pathways, and paths that are:
• Useful and comfortable for pedestrians
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• Meet the functional needs of utilities and services
• Attractive
• Generally consistent throughout the Plan area

Guideline SF-UDG4 Design and/or finish utility and service devices to either visually recede or, as appropriate, match other furnishing items.

Guideline SF-UDG5 Fully screen all service facilities serving private property from the public street and adjoining properties with walls, fences, and/or landscaping treatments. Colors and finishes of enclosures should be coordinated with colors and finishes of fencing, other painted metal surfaces to be used onsite, or associated with the building’s material and color scheme.

Goal OSW-G1 Implement the Sense of Place Plan’s coordinated signage program that:
• Clearly and attractively directs people to Lawrence Station and other neighborhood destinations, services and amenities.
• Reinforces a sense of place with design elements that give the neighborhood a unique identity.
• Provides gateway signs to highlight entry into the Plan area.

Guideline OSW-UDG1 Follow the Sense of Place Plan that includes larger gateway signage at key intersections and Plan area entrances (Figure 3-20) and smaller directional signage (Figures 3-21 and 3-22) as shown in the Streetlife and Wayfinding Plan (Figure 3-17).

Policy KR-P1 The policies for Kifer Road include the following:
• Ensure it provides efficient access for motor vehicles and bus transit without consuming unnecessary excess quantities of land for that purpose. • Enhance its usability for pedestrians and bicyclists. • Strengthen the existing visual quality and character of the street as a green boulevard.

Guideline KR-UDG2 Reallocate the paved street space between the curbs to provide the following functional elements: two vehicular travel lanes in each direction, a landscaped center median with left turn pockets, Class IIB bicycle lanes (see Figure 3-8 in the Sense of Place Plan).

Guideline KR-UDG4 Between the curb and the building setback line, include generous plantings of large trees, signage and lighting, and a wide sidewalk.

Guideline KR-UDG5 Provide a minimum sidewalk width of ten feet inclusive of four- foot wide tree wells and six-foot travel path.

Guideline KR-UDG6 Protect all existing street trees along Kifer Road to the maximum extent possible.

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Guideline KR-UDG7 Infill areas that lack existing trees with new street tree plantings.

Guideline KR-UDG8 Complement the existing character of the street by infilling new trees in an informal arrangement with a variety of species.

Policy PP-P1 Complete the secondary pedestrian path circulation framework in the Sense of Place Plan with a network of publicly accessible routes for pedestrians and bicycles when local conditions permit.

Policy SL-P1 Work with the County of Santa Clara on the Lawrence Expressway Grade Separation Project to study planned changes to San Zeno Way and Lawrence Station Road. Incorporate streetscape improvements to areas not affected by the grade separation project during development review.

Guideline SL-UDG1 Preserve existing street trees along San Zeno Way and explore opportunities to meander new six-foot sidewalks behind the existing trees.

FINDINGS

The proposed project is consistent with the goals, objectives, policies, and design guidelines contained in the General Plan and LSAP by proposing a new high-density apartment building within walking distance of the Lawrence Caltrain Station, with provision of a secondary shared-use path that will connect to an adjoining site and provide more direct bicycle and pedestrian access to the station. The project would be built under the existing allowable LSAP residential development capacity. The project includes affordable housing above City requirements and is also entitled to a density bonus under state law, which maximizes residential units in close proximity to transit. For the purposes of Government Code 65863, the project site was not included in the site inventory for the City’s 2015-2023 Housing Element.

No new significant environmental impacts would occur with implementation of the project and all approved mitigation in the 2016 LSAP EIR and 2021 LSAP Update SEIR would continue to be implemented. Existing soil vapor contamination will be remediated in conjunction with the oversight of the appropriate county or state agency.

The project helps to balance increased office and industrial growth planned in the LSAP by providing housing opportunities within walking and biking distance to the station, which may contribute to the LSAP’s goals of increasing transit ridership and reducing greenhouse gases. The project also carries out the sustainability guiding principle in the LSAP through compliance with the City’s Green Building Program; solar panels and electric vehicle charging stations consistent with the Reach Codes; and new tree and shrub plantings throughout. Active means of transportation are promoted through the construction of the new publicly-accessible shared-use path, Attachment 3 Page 29 of 35
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provision of publicly-accessible bicycle parking in addition to required bicycle parking, and improved sidewalks with direct access to the Lawrence Caltrain Station.

The project proposes high-quality architecture with rich materials that frames the street frontage on San Zeno Way. The project will provide gateway and wayfinding signage in accordance with the Lawrence Station Sense of Place Plan (LSSOP) that will reinforce the feeling of entering into a unique Sunnyvale district. The project is consistent with LSAP design guidelines to modulate buildings in smaller segments; include innovative, textured building materials that are bird-safe; provide prominent entries; and reduce mass and bulk through building offsets and façade articulation.

The visual impacts of parking are minimized by all parking within a structure screened by the apartment building. Direct pedestrian and bicycle access to the buildings are provided from the public right-of-way, which include improved sidewalk and bicycle lane facilities. Streetscape improvements will be consistent with the LSSOP, which will enhance street aesthetics and safety and further encourage walking and biking.

2. The proposed project ensures that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties. (Finding met).

FINDINGS

The project site is in the Transit Core West subarea of the LSAP which is intended for increased development to more transit-oriented uses. The subarea is envisioned as one of the most active and diverse subareas in the Plan area as a mixed-use village center. The site is within 600 feet of the Lawrence Caltrain Station and the building has been oriented to provide direct access to the station via improved sidewalks. The building has also been sited to account for an increased front setback due to the future Lawrence Expressway Grade Separation project. The proposed project will improve the character of the sites and surrounding neighborhood by providing high quality site and architectural design; residential units to support the Lawrence Caltrain Station and surrounding employment uses; and a new shared-use path connection to an adjacent site. New gateway and wayfinding signage will enhance the identity of the larger plan area. Environmental mitigation measures will be incorporated during construction, and existing site contamination will also be remediated.

The project meets or exceeds most applicable development standards, and where inconsistent with others is justified by site-specific factors and state density bonus waivers due to the provision of affordable housing. The neighborhood includes a mixed-use zoning that allows for a variety of employment, residential, and service uses. Multi-family residential uses are permitted and encouraged in the MXD-I zoning district where the project is located, as the use creates a dynamic synergy with the nearby service and employment uses. The proposed project respects the presence of the adjacent multi-family development through appropriate building Attachment 3 Page 30 of 35
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scale and height, window placement, and the proposed secondary shared-use path (per the LSSOP) that will link the sites together. The proposed use also does not conflict with the existing office uses to remain to the immediate north and the adjoining industrial uses to the south.

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Tentative P arcel Map

The City Council hereby makes the following findings based on administrative record before it, including the material submitted by the applicant, material prepared by Staff, public comments, and the 1150-1170 Kifer Road Project (the “Project”) prepared by Ascent Environmental, dated September 2023 (“Environmental Checklist”):

A. Government Code Section 66473.5

1. In order to approve the Tentative Parcel Map, the proposed subdivision must be consistent with the general plan and Lawrence Station Area Plan.

2. The subdivision is consistent with the General Plan and Lawrence Station Area Plan. The subdivision is consistent with the property’s Transit Mixed Use land use designation. The Tentative Parcel Map provides for the development of residential apartments in an area intended for such uses, and the project would facilitate the creation of a pedestrian-oriented environment. The map is consistent with Title 18 of the Sunnyvale Municipal Code and applicable requirements of the Subdivision Map Act.

B. Government Code Section 66474/Chapter 18.20 of the Sunnyvale Municipal Code

Under the Subdivision Map Act and Chapter 18.20 of the Sunnyvale Municipal Code, if any of the following findings can be made, a tentative map shall be denied:

1. That the subdivision is not consistent with the General Plan, or with any applicable specific plan.

2. That the design or improvement of the proposed subdivision is not consistent with the General Plan or with any applicable specific plan.

3. That the site is not physically suitable for the proposed type of development.

4. That the site is not physically suitable for the proposed density of development.

5. That the design of the subdivision or proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

8. That the map fails to meet or perform one or more requirements or conditions imposed by the Subdivision Map Act or by the Sunnyvale Municipal Code.

None of the findings (B.1-8) can be made and the Tentative Parcel Map should be approved for the reasons outlined below:

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1. The subdivision is consistent with the General Plan. The subdivision is consistent with the property’s Transit Mixed Use land use designation. The Tentative Parcel Map provides for the development of apartments in an area intended for such uses, and the project would facilitate the creation of a pedestrian-oriented environment. The map is consistent with Title 18 of the Sunnyvale Municipal Code and applicable requirements of the Subdivision Map Act.

2. The design of the improvements is consistent with the General Plan’s goal of compact, transit-oriented development that improves the jobs-housing balance in the area. The Project site is currently developed with two office building and a large surface parking lot and would be improved with an apartment building on the surface parking lot. The residential units would be apartments, providing diversity, especially when considered with existing townhomes in the area, and would include affordable units.

3. The site is physically suitable for the proposed development. The two-acre site is large enough to accommodate the Project’s 225 residential units, with associated landscaping and circulation. Such development is consistent with the General Plan’s vision of compact, transit-oriented development that improves the jobs- housing balance in the area. The site is in an urban area with existing utilities and infrastructure that can support continued urban use.

4. T
he site is physically suitable for the proposed density of development. The proposed two-acre site is large enough to accommodate the Project’s 225 residential units, with associated landscaping and circulation. As noted above, the proposed density and intensity of development is consistent with the level of density and intensity envisioned by the General Plan for this area. The site is a typical urban site, with existing infrastructure and with good street access, and no unusual topographic conditions, such as a fault line, steep slopes, or rivers, that could make it unsuitable for increased density.

5. T
he design of the subdivision and proposed improvements would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site is currently developed with urban uses (two office buildings and a large surface parking lot) and is surrounded by urban uses. The site has no value as habitat for sensitive species, is not an important wildlife corridor, and lacks natural water features that could support fish.

6. The design of the subdivision and proposed Project would not cause serious public health problems. The subdivision supports the redevelopment of the site with an apartment building. As part of the redevelopment, any potential, historic soil contamination would be remediated pursuant to all relevant safety standards and requirements. Project construction would occur consistent with applicable standards designed to protect public health, including following the basic best Attachment 3 Page 33 of 35
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management practices from the Bay Area Air Quality Management District and ensuring construction equipment has the most efficient diesel engines. Project buildings would be more energy and water efficient than the existing buildings, and meet all applicable Building Codes, including structural and fire codes, designed to protect the public.

7. The design of the subdivision and type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The Project includes new easements for the Lawrence Expressway Grade Separation project, public sidewalks, and a publicly-accessible shared use path connecting to the adjoining parcel to the west. The subdivision and Project would not conflict with any easements acquired by the public at large.

8. The proposed vesting tentative subdivision map meets all the applicable requirements in the Subdivision Map Act and the Sunnyvale Municipal Code.

A. Government Code Section 66412.3

1. Section 66412.3 requires each local agency to consider the effect of ordinances and actions adopted pursuant to this division on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

2. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. There are no existing dwelling units on the Project site. The Project would construct 225 apartment units, of which 44 would be affordable, that would serve the population and the City and help the City meet its Regional Housing Needs Assessment.

The Project sponsor will be required to comply with the C.3 permit, construct water and energy efficient buildings, comply with all Project conditions, and pay applicable development impact fees, which ensures that the Project would not adversely affect City public services.

B. Government Code Section 66473.1

1. Section 66473.1 requires the design of a subdivision for which a tentative map is required pursuant to provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

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2. The Tentative Parcel Map and improvements are subject to Title 24 of the California Building Code, which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Project would include solar panels, the energy from which could be used to heat or cool the buildings. The Project also includes trees that will provide shade and reduce the need for cooling.

Based on the above information, the City Council finds that the Tentative Parcel Map meets the requirements of the Subdivision Map Act.

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