Draft Resolution with Housing Element and other Exhibits — Sunnyvale City Council, December 12, 2023 (part 3 of 6)

Site
Number APN Address
Size
(Gross
Acres)
General Plan
Land Use
Designation Zoning
Max.

Base
Density
Max.

Density w/
Incentives1
Max.

Potential
Units
Realistic
Density Tier
Redevelop-
ment
Likelihood
Inventoried Units
Subject to
AB 1397
by-right
policy?
Non-vacant Site Factors2
Total
Units
Lower-
Income
Units
Moderate-
Income
Units
Above
Moderate-
Income
Units Description of Site Conditions/Existing Use A B C D E F G ECR-20 31304026 1040-1060 E El
Camino Real 2.20 ECRSP ECR-
MU24 24 30 66 24 1 100% 53 53
Shopping center built in 1977, including 9 units, one
of which is vacant and for lease in 2022. The City has
received developer interest for residential
redevelopment of the site.

A C D E F G
ECR-21 31304027 1062 E El
Camino Real 0.73 ECRSP ECR-
MU24 24 30 22 24 2 25% 4 4
A building built in 1978 with auto-repair businesses.

Small site with development potential later in the
planning period.

A E F G
ECR-22 31304028
31304029
1066-1080 E El
Camino Real 1.16 ECRSP ECR-
MU24 24 30 35 24 2 25% 7 7
Existing restaurant on APN 31304028 built in 1970.

Existing auto repair on APN 31304029 built in 1972.

Small site with development potential later in the
planning period. Two separate property owners.

A E F G
ECR-23 198-26-001,
198-26-002
610 Grape Ave 2.29
ECRSP
ECR-
MU42 42 56 128 42 1 100% 96 58 14 24
Existing commercial site (retail, car wash, and auto
repair). Developer has submitted plans for
residential mixed use project.

A C D F G
ECR-24 198-17-023,
198-17-039
1100 and 1124
W El Camino
Real

3.56 ECRSP
ECR-
MU33 33 45 160 33 1 100% 117 70 18 29 Used-car lot. Developer has submitted plans to redevelop car lot with mixed use development.

A C D E F G
ECR-25 201-36-002 777 Sunnyvale-
Saratoga Rd

5.32 ECRSP
ECR-
MU54 54 74 394 54 1 100% 287 172 43 72
Commercial structure built in 1972. Developer has
submitted plans to construct mixed use
development.

A C D E F G
ECR-26 211-08-004,
211-08-005,
211-08-031,
211-08-032
665, 681, 683,
685 E El Camino
Real

3.08 ECRSP
ECR-
MU42 42 56 172 42 1 100% 129 77 19 32
Commercial structures built in 1957-1963. Developer
has submitted plans to construct mixed use
development.

A C D E F G
Future Opportunity Sites
Future
Opportu
nity Site
21120006 510 E El Camino
Real 1.36 ECRSP ECR-
MU24 24 30 41 24 3 0% 0
Occupied by United States Postal Service and retail
and restaurant uses. Built in 1979. Lease terms
reduce the potential for redevelopment within the
planning period.

Future
Opportu
nity Site
21338001
21338002
21338003
1051-1063 E El
Camino Real 2.00 ECRSP ECR-
MU33 33 45 90 33 3 0% 0
Fast food restaurant on APN 21338002 built in 1976.

Commercial buildings on APNs 21338001 and
21338003 built in 1966. Located outside of node in a
segment. Separate ownership (two owners) and
would require lot consolidation. No redevelopment
interest received. Unlikely to redevelop within the
planning period.

Future
Opportu
nity Site
19817028 631 Grape Ave 0.93 ECRSP ECR-
MU42 33 45 42 33 3 0% 0
Strip commercial center built in 1965. Not included
in adjacent redevelopment proposal. Unlikely to
redevelop within the planning period.

Future
Opportu
nity Site
19826032 690 Grape Ave 1.44 ECRSP ECR-
MU42 42 56 81 42 3 0% 0
Self-storage units built in 1999. Not included in
adjacent redevelopment proposal. Unlikely to
redevelop within the planning period.

Future
Opportu
nity Site
16123002
16123003
16123004
1169-1195 W El
Camino Real 2.90 ECRSP ECR-
MU42 42 56 162 42 3 0% 0
Commercial building built from 1963-1976. Separate
ownership (two owners). City received request for
new drive-thru restaurant development. Current
tenants and site conditions reduce potential for
redevelopment within the planning period.

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Site
Number APN Address
Size
(Gross
Acres)
General Plan
Land Use
Designation Zoning
Max.

Base
Density
Max.

Density w/
Incentives1
Max.

10.26 ECRSP ECR-
MU42 42 56 575 42 3 0% 0
Shopping center built in 1995. Currently occupied by
big box stores and major grocery. Lease terms
reduce the potential for redevelopment within the
planning period.

Future
Opportu
nity Site
21108007
21108008
605 E El Camino
Real, 734-738 S
Fair Oaks Ave

0.73 ECRSP ECR-
MU42 42 56 40 42 3 0% 0
Commercial buildings built in 1972 and 1986. Two
small lots under separate ownership would require
consolidation. Site size reduces potential for
redevelopment within the planning period.

Future
Opportu
nity Site
21116028 1021 S Wolfe
Rd 1.16 ECRSP ECR-
MU42 42 56 65 42 3 0% 0
Office building constructed in 1980. Occupied by
medical uses. Less likely to redevelop within the
planning period.

TOTAL 104.9 2,073 1,204 367 502
1 Maximum density with incentives includes density bonus points received through the El Camino Real Specific Plan incentive program but excludes density bonus points available through the City’s Green Building Program and the State density bonus. 2 Non-vacant site factors: A) TOD Opportunity, B) Village Center, C) Development Interest, D) Occupancy Status, E) Structure Age and Condition, F) Low FAR, G) Low ILV Ratio (see page 5-6 for more information).

Source: City of Sunnyvale 2023, compiled by Ascent in 2022.

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Additional Sites Outside of Specific Plans
The General Plan Land Use and Transportation Element (LUTE) designates sites for a range of residential and mixed use development. Table 5-1413 shows the General Plan designations for areas outside of specific or area plans, corresponding zoning districts, their density ranges, and the inventoried income level.

Table 5-1413: General Plan Designations, Zoning, and Corresponding Income Categories General Plan Zoning District Allowed Density
(units per acre)
Income Level
Low Density Residential R-0 and R-1 0-7 Above Moderate
Mobile Home Residential R-MH 0-12 Moderate
Low-Medium Density Residential R-1.5; R-2; R-1.7/PD 7-14 Above Moderate Medium Density Residential R-3 15-24 Moderate
High Density Residential R-4; R-5; Lawrence/101 Site Specific Plan 25-36 Lower Village Mixed Use Mixed-Use Village (MU-V) Approx. 18 Moderate Source: City of Sunnyvale, General Plan Land Use and Transportation Element, 2017.

VILLAGE CENTERS
As part of the update to the LUTE, adopted in 2017, the City identified seven locations throughout Sunnyvale as Village Centers and designated them as Village Mixed Use. The Village Mixed Use designation allows for mixed use developments with commercial components of 10 to 25 percent of the site area (floor area ratio) , buildings up to four stories, and an average residential density of up to 18 units per acre for the entire Village Center site. The LUTE identified capacity to accommodate 900 new residential units within the seven Village Centers.

Although the LUTE indicates that a precise plan or master plan will be prepared for each Village Center, the City has determined that, due to legislative changes made to the Housing Accountability Act by SB 330, the City cannot enforce the requirement for a precise plan or master plan because the requirement is not “objective” within the meaning of the Housing Accountability Act . As such, sites are permitted for development consistent with the standards identified in the LUTE. The City has initiated a V illage Center Master Plan, antici pated for adoption in early 2023, to further incentivize redevelopment of these centers.

Village Center Development Proposals
The City has received three recent proposals for development within the Village Centers , shown in Table 5-145.

These proposals include for-sale townhome-style units and a small commercial component . The proposal for 102 E Fremont Ave (P-14) will redevelop existing restaurant and retail uses on the western end of Fremont Corners Shopping Center into 35 townhomes and replace demolished commercial buildings (previously occupied by restaurant, dry cleaners, bar , and other small retail) with a smaller retail site . The proposal for 166 E Fremont Ave (P-12) will redevelop the eastern end of the same shopping center by demolishing an existing commercial building previously occupied by a kickboxing gym and a convenience store, renovate another existing commercial building, and construct 50 condominiums. The 24-Hour Fitness at the center of the site is not currently proposed for redevelopment (2022) but is suitable for redevelopment and is included in the sites inventory (VC -8). In addition, the City has received a proposal for a 114-unit village center at the 6.14 -acre site at 877 W Fremont Ave. The City anticipates that these redevelopment trends will continue to occur at Village Centers throughout the planning period.

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Realistic Density
As shown in Table 5-1415, the average residential density for recent projects (excluding units achieved through State density bonus) is around 18 units per acre or 98.5 percent of the maximum allowable density . Although the City anticipates development of Village Centers will continue to be built near 18 units per acre, limited development has occurred under the newly identified Village Centers. One of the three projects shown in Table 5-154 is still in the early planning phases and has not yet been approved. Considering the limited information on development trends and the requirement for commercial development within the Village Centers, the sites inventory conservatively applies a realistic density assumption of 14 units per acre, or 80 percent of the maximum allowable density.

Table 5-1415: Recent Development Proposals within Village Centers Project Site Size
(Gross Acres)
Proposed
Commercial Space
Proposed
Residential Units
Gross Residential
Density (units per acre)
# of Affordable
Units
102 E Fremont Ave (approved) 1.84 8,048 sf 35 19.02 5
166-176 E Fremont Ave (approved) 2.77 8,094 sf 50 18.05 6 877 W Fremont Ave (submitted) 6.14 35,393 sf 114 18.57 14 Average Residential Density 18.55
Average Residential Density (excl. State density bonus)1 17.75 1 A buildout density of 18 units per acre (i.e., the maximum allowable density) is assumed for projects with units achieved through the State density bonus.

Source: City of Sunnyvale, 2021.

Existing Uses and Redevelopment Potential
Similar to the Fremont C orners Village Center, t he other Village Center sites are currently developed as low - intensity, auto-oriented shopping centers and strip malls. Most sites are made up of multiple parcels and have varying ownership. However, the Village Center Master Plan, currently underway, would incentivize redevelopment by providing flexible development standards and streamlined lot consolidation. The Village Center sites are shown in Figures 5-10a through 5-10c2. Table 5-165 lists the Village Center sites, describes existing uses, and determines available residential capacity during the Housing Element planning period.

Future Opportunity Sites
Sites that are currently occupied by gas stations are not expected to redevelop for housing within the planning period and are, therefore, identified as future opportunity sites. In addition, the site at 929 E Duane Avenue is not expected to redevelop for housing during the planning period and is also identified as a future opportunity site. The existing restaurant building was not included in the proposed draft development plans received for the Village Center site at E Duane Ave and San Rafael St and considering the small size of the site (0.3 acres) it is unlikely to redevelop on its own. The site along E Maude Avenue near Borregas Avenue consists of 10 parcels, under separate ownership, and presents challenges for redevelopment. As such, the site is less likely to be redeveloped within the planning period and is identified as a future opportunity site. All other Village Center sites are expected to redevelop for housing within the planning period.

Summary of Capacity
As shown in Table 5-1516, the sites inventory identifies capac ity for 797 moderate-income units within the City’s Village Centers, based on allowed densities, site conditions, and recent development trends. Program H3 includes a commitment to increase densities in the Village Centers to expand housing opportunities for lower -income households, particularly in higher resource areas of the City. Following implementation of Program H3, Village Center sites can b e calculated at a higher capacity and reclassified as lower -income housing opportunity sites.

Program H3 also includes a commitment to implement the Land Use and Transportation Element action statement LT-4.2b to amend the Zoning Code and Zoning Map to create a new mixed-use zoning designation for Village Centers which will ensure consistency with the General Plan land use designation.

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Table 5-1516: City of Sunnyvale, 2023-2031 Housing Element, Village Centers Site Number Assessor
Parcel Number
(APN)
Address Size
(Gross
Acres)
General Plan
Land Use
Designation
Zoning Maximum
Density
Realistic
Density
Moderate-
Income
Units
Subject to AB
1397 by-right
policy?
Description of Existing Use/Status Non-vacant Site Factors 1

A B C D E F G
Village Center 1: E Fremont Avenue and S Mary Avenue
VC-1A9 20224032
20224031
1211 S MARY AVE
1277 S MARY AVE

5.85 VMU C1 18 14 84 No Existing Westmoor Village Shopping Center, built in 1961 and 1963, occupied with retail, services, post office, grocery, and restaurants. Large parking area provides infill opportunity. Both parcels are under common ownership.

B E F G
Future Opportunity
Site 20224033 925 W FREMONT AVE 0.32 VMU C1 18 14 0 No Existing gas station. Redevelopment is unlikely during the planning period. Future opportunity site.

VC-1B2 202-23-007 877 W Fremont Ave 6.3 VMU O 18 14 91 No Single-story medical office complex built in 1963. Property listed for lease in April 2023. Developer submitted preliminary plans for residential mixed use.

B C D E F
Future Opportunity
Site 32301001 860 W FREMONT AVE 0.33 VMU C1 18 14 0 No Existing gas station. Redevelopment is unlikely during the planning period.

VC-1C1 32301018 1358 S MARY AVE 0.74 VMU C1 18 14 15 No Existing De Anza Square Shopping Center built in 1967-1968. Partially for lease.

Pharmacy built in 1996. Infill potential along street frontage on the southern portion of the site (along S Mary Ave). All six parcels are under common ownership.

B D E F
32301019 1350 S MARY AVE 1.71 VMU C1 18 14 12 No
32301020 1334 S MARY AVE 1.38 VMU C1 18 14 25 No
32301021 1310 S MARY AVE 0.84 VMU C1 18 14 20 No
32301025 1306 S MARY AVE 1.03 VMU C1 18 14 25 No
32301026 1314 S MARY AVE 1.74 VMU C1 18 14 11 No
Subtotal 7.45 108
VC-1D0 32025057 1309 S MARY AVE 3.20 VMU O 18 14 14 No Existing commercial center occupied with services (banks), offices, and restaurants.

Built 1974-1980.

Office buildings at 1307-1309 S Mary Ave and 920 W Fremont Ave currently for lease. All five parcels are under common ownership.

B D E F
32025058 920 W FREMONT AVE 0.94 VMU O 18 14 13 No
32025059 1303 S MARY AVE 0.95 VMU O 18 14 21 No
32025060 1305 S MARY AVE 0.92 VMU O 18 14 46 No
32025061 1307 S MARY AVE 1.47 VMU O 18 14 14 No
Subtotal 7.48 108
Total 55.67 797
Village Center 2: E Fremont Avenue and Sunnyvale Saratoga Road VC-2A7 21134001 103 E FREMONT AVE 2.19 VMU C1 18 14 32 No Existing strip mall partially occupied with service, retail, and restaurant uses. Built in 1964.

B E F G
VC-2B8 30901009 150 E FREMONT AVE 2.47 VMU C1 18 14 36 No Located in an existing shopping center built in 1959, occupied by a fitness center and surface parking. Mixed use redevelopments are proposed on adjacent parcels.

B E F G
Future Opportunity
Site 21134013 1296 SUNNYVALE SARATOGA RD 0.51 VMU C1 18 14 0 No Existing gas station. Redevelopment is unlikely during the planning period.

Future Opportunity
Site 30901007 1300 SUNNYVALE SARATOGA RD 0.59 VMU C1 18 14 0 No Existing gas station. Redevelopment is unlikely during the planning period.

Village Center 3: Old San Francisco Road and S Wolfe Road VC-3B5 21105034
21105030
21105032
21105033
21105027
21005031
727 S WOLFE RD
731 OLD SAN FRANCISCO RD
733 OLD SAN FRANCISCO RD
743 OLD SAN FRANCISCO RD
747 OLD SAN FRANCISCO RD
888 OLD SAN FRANCISCO RD

6.42 VMU C1 18 14 92 No Existing shopping center, built in 1969 and 1979, occupied with service, retail, and restaurant uses. The site is surrounded by residential and has good access. All parcels are under common ownership.

B E F G
VC-3C6 21320027 720 S WOLFE RD 0.89 VMU C1 18 14 13 No Existing strip mall, built in 1980, occupied with grocery, service, and restaurant uses. One space listed for lease in 2022.

B D F
Future Opportunity
Site 21105006 703 S WOLFE RD 0.50 VMU C1 18 14 0 No Existing gas station. Redevelopment is unlikely during the planning period.

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Site Number Assessor
Parcel Number
(APN)
Address Size
(Gross
Acres)
General Plan
Land Use
Designation
Zoning Maximum
Density
Realistic
Density
Moderate-
Income
Units
Subject to AB
1397 by-right
policy?
Description of Existing Use/Status Non-vacant Site Factors 1

A B C D E F G
Village Center 4: N Mathilda Avenue and W Maude Avenue
VC-4A 20432002
20432003
20432004
20432005
20432006
240 W MAUDE AVE
492 N MATHILDA AVE
484 N MATHILDA AVE
480 N MATHILDA AVE
474 N MATHILDA AVE

4.14 VMU C1 18 14 60 No Existing Sunnyvale Square Shopping Center, built in 1968, with active grocery, retail, and restaurant uses. Two property owners. Large parking area provides infill opportunity while preserving existing commercial uses.

B E F
Future Opportunity
Site 20432001 498 N MATHILDA AVE 0.44 VMU C1 18 14 0 No Existing gas station. Redevelopment is unlikely during the planning period.

Future Opportunity
Site 20422056 105 E MAUDE AVE 0.20 VMU C1 18 14 0 No Older strip mall (built 1948 – 1962) with existing restaurant, retail, and auto service uses. Site contains 11 parcels under separate ownership. Redevelopment is unlikely during the planning period. Future opportunity site.

20429031 107 W MAUDE AVE 0.34
20429032 117 W MAUDE AVE 0.47
20422055 155 E MAUDE AVE 0.29
20422050 195 E MAUDE AVE 0.17
20422011 211 E MAUDE AVE 0.23
20422010 219 E MAUDE AVE 0.21
20422009 225 E MAUDE AVE 0.24
20422054 253 E MAUDE AVE 4.06
20422007 325 E MAUDE AVE 0.41
20429030 501 BORREGAS AVE 0.14
Village Center 5: E. Duane Avenue and San Rafael Street VC-53 20512002 933 E DUANE AVE 1.25 VMU C1 18 14 18 No Existing shopping center under one owner built in 1959 and 1979 with a variety of restaurants, ethnic grocery, and services. Large surface parking lot. The City has received residential redevelopment interest for the site.

B C E F G
20512003 919 E DUANE AVE 1.21 VMU C1 18 14 17 No
20512004 911 E DUANE AVE 1.49 VMU C1 18 14 21 No
Subtotal 5.75 56
Future Opportunity
Site
20512001 929 E DUANE AVE 0.29 VMU C1 18 14 0 No Restaurant on corner lot is under separate ownership and not included in draft redevelopment proposal. Redevelopment is unlikely during the planning period.

Village Center 6: Lawrence Expressway and Lakehaven Drive VC-62 11023110 1119 LAWRENCE EX 4.50 VMU C1 18 14 65 No Existing Lakewood Shopping Center including restaurants, grocery, and auto uses.

Three parcels under common ownership. Large surface parking lot. Built in 1959 and 1967.

B E F
11023109 1037 LAKEHAVEN DR 0.48 VMU C1 18 14 7 No
11023108 1051 LAKEHAVEN DR 0.37 VMU C1 18 14 5 No
Subtotal 5.75 77
Future Opportunity
Site
11023053 1101 N LAWRENCE EX 0.40 VMU C1 18 14 0 No Existing gas station. Redevelopment is unlikely during the planning period.

Village Center 7: Fair Oaks Avenue and Tasman Drive
VC-7A1 11029040 1161 FAIR OAKS AVE 2.78 VMU C1 18 14 40 Yes Existing single-story industrial building with large surface parking lot, built in 1974, is available for lease. Owner expressed interest in potential housing redevelopment.

Adjacent to Fair Oaks Station (light rail).

A B C D E F
1 Non-vacant site factors: A) TOD Opportunity, B) Village Center, C) Development Interest, D) Occupancy Status, E) Structure Age and Condition, F) Low FAR, G) Low ILV Ratio (see page 5-6 for more information). Source: Ascent, 2021.

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Figure 5-10ca: Village Center Sites (G1)

Source: Adapted by Ascent in 2021 from data received by the City of Sunnyvale in 2021.

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Figure 5-10b: Village Center Sites (E-F2-3)

Source: Adapted by Ascent in 2021 from data received by the City of Sunnyvale in 2021.

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Figure 5-10ac: Village Center Sites (A-D4-7)

Source: Adapted by Ascent in 2021 from data received by the City of Sunnyvale in 2021.

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ADDITIONAL SITES
The City has development on nearly every property and only a few small vacant parcels exist. Vacant parcels zoned for residential are primarily low-density zoning. Vacant sites which are not remnant right of way owned by government agencies are less than 10,000 square feet in size and were previously developed or are owned by the adjacent property owner; effectively there is no land for greenfield residential development . As discussed above, most redevelopment is focused within the specific or area plans. However, the City has seen a substantial amount of residential redevelopment throughout Sunnyvale, including areas outside of specific and area plans.

Redevelopment ranges from replacement of individual single family homes with duplexes, expansions and renovations of existing multifamily housing, and redevelopment of non -residential uses into residential and mixed use developments. The City has a long hi story, since the early 1980s of identifying and rezoning non -residential sites for redevelopment to residential uses. To identify sites for residential redevelopment outside of specific plan areas, the City reviewed its fifth cycle Housing Element resident ial sites inventory to determine which sites are suitable for housing redevelopment within the sixth cycle. All sites developed during the fifth cycle were removed from the inventory. In addition, sites with existing educational uses or residences that appeared occupied and well maintained were removed. Only sites with existing residences on large lots with infill potential were preserved for further analysis. The remaining sites were then further analyzed to consider building age, site conditions (aerial review), lease and/or ownership information (when available), and market trends. The sites are shown in Table 5- 1918 below along with a description of existing uses and site c haracteristics. Several sites are in the Industrial -to- Residential (ITR) combining district which allows industrial, commercial, and office uses to continue as conforming uses while an area transitions to residential uses. Consistent with several policies and actions in the LUTE , non- residential uses are prohibited once the property converts to residential with housing or 75 percent of ITR sites in an area have converted. The zoning and the general plan are entirely consistent as the sites all have combining districts that acknowledge the additional or transitional nature of the uses.

Development of Medical Office Uses
Five sites (LUTE -5, LUTE -7, LUTE-8, LUTE-13, and LUTE -20) identified in the inventory are occupied by medical/dental office uses. Although this use is generally in high demand, t he City anticipates redevelopment of medical office uses based on recent project applications. For example, a proposal is currently under review (2022) to approve redevelopment of an existing medical office center at the W. Fremont Ave. and S. Mary Ave Village Center (VC-12). The project propose d 114 residential units and would redevelop 27,000 square feet of medical office space. The five sites identified in the inventory are all designated and zoned for residential. In addition, site conditions (e.g., building age, ownership , access) and surrounding uses indicate the sites are suitable for redevelopment within the planning period. As such, based on site conditions and recent development trends, the City anticipates redevelopment of these uses.

Future Opportunity Sites
Several sites identified in the inventory contain existing residences . These sites are occupied by low density residential uses but are designated and zoned for higher density development. Although redevelopment is possible, it is unsure whether redevelopment would occur within the planning period and how many net new units would be developed. For this reason, these sites are identified as future opportunity sites and no capacity for housing within the planning period is identified.

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Realistic Density
To calculate capacity for housing on each of the sites, recent developments were reviewed to determine a realistic density assumption for the sites. Table 5 -1617 and Table 5 -1718 below present several recent developments approved within the City’s residential designations and the buildout densities of each. Recent developments within the Medium Density Residential designation were built at densities averaging 85 percent of the maximum allowable density of 24 units per acre. None of the developments used State density bonus.

For developments within the High Density Residential designation, buildout densities averaged even higher with many developments receiving units through the City’s Gre en Building Program and the State density bonus. Only one project, 460 Persian Drive, was 100 percent affordable, and only two projects (1101 N. Fair Oaks Ave. and 470 Persian Dr .) included zero lower -income units . The remaining projects were mixed income and included some affordable units through the City’s Below Market Rate Housing Program. Excluding units achieved through the State density bonus, project densities still averaged 103 percent of the maximum allowabl e density. Although the City anticipates these trends will continue, the inventory assumes a conservative buildout density of 85 percent of the maximum allowable density for sites located outside of Village Centers or specific plans.

Table 5-1617: Typical Built Densities for Medium Density Residential Sites Project Address Site Size (Gross
Acres)
Proposed
Residential Units
Gross Residential
Density (units per
acre)
Percentage of Max
Density (24 units per
acre)
1044 E Duane Ave 7.3 132 18 75%
628 E Taylor Ave 0.45 10 22 92%
425 N Fair Oaks Ave 0.41 8 20 82%
822 E Evelyn Ave 1.71 31 18 75%
617 E Arques Ave 4.06 85 21 87%
915 De Guigne Dr 25.2 450 18 74%
680 E Taylor Ave 2.8 67 24 100%
1071 Noriega Ave 0.46 10 22 90%
845 Maria Ln 0.24 5 21 87%
625 E Taylor Ave 0.9 20 22 93%
423 E Maude Ave 0.59 11 19 78%
755 E Evelyn Ave 2.05 42 20 85%
711 E Evelyn Ave 11.41 215 19 79%
1 AMD Place (Townhomes) 6.05 107 18 74%
617 E Evelyn Ave 3.26 62 19 79%
669 Old San Francisco Rd 0.34 6 18 74%
925 S Wolfe Rd 5.35 128 24 100%
475 N Fair Oaks Ave 0.82 18 22 91%
Average Percentage of Maximum Density 85%
Source: City of Sunnyvale, 2021.

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Table 5-1718: Typical Built Densities for High Density Residential Sites (R4 Zoning District) Project Address Site
Size
(Gross
Acres)
Proposed
Residential
Units
Gross
Residential
Density
(units per
acre)
Percentage of
Max Density
(36 units per
acre)
Sunnyvale
Green
Building
Program
Units
State
Density
Bonus
Units
Percentage of
Max Density
excl. State
Density
Bonus
1101 N Fair Oaks
Ave

2.56 97 38 105% 4 0 105%
470 Persian Dr 1.75 47 27 75% 0 0 75%
610 Weddell Dr 4.04 205 51 141% 7 52 105%
620 E Maude Ave 2.35 117 50 138% 4 29 104%
460 Persian Dr1 1.3 66 51 141% 2 16 107%
1 AMD Place
(Apartments)

20.67 944 46 127% 32 168 104%
Average Percentage of Maximum Density 125% 103%
1 100 percent affordable development. Includes 46 very low-income units, 19 low-income units, and 1 manager unit.

Source: City of Sunnyvale, 2021.

Summary of Capacity
As shown in Table 5-1819 below, sites outside of plan areas include capacity for 621 units, including 299 lower- income units, 316 moderate-income units, and 6 above-moderate income units.

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Table 5-1819: City of Sunnyvale, 2023-2031 Housing Element, Additional Sites Site #
Assessor Parcel
Number (APN) Address
Size
(Gross
Acres)
Land
Use Zoning
Max
Density
Max.

Capacity
Realistic
Density
Realistic
Capacity
Lower-
Income
Units
Moderate-
Income
Units
Above
Moderate-
Income
Units
Subject to
AB 1397
by-right
policy? Existing Use/Site Conditions
Non-vacant Site Factors1

A B C D E F G
LUTE-1 20930058 558 S MURPHY AVE 0.34 OF R2/O 12 4 10.2 3 3 No Commercial structure built in 1954 occupied by grocery store, salon, and restaurant.

A E F
LUTE-2 20930052 530 S MURPHY AVE 0.52 OF R2/O 12 6 10.2 5 5 No Commercial structure built in 1954; currently occupied by multiple users including salon,
acupuncture, massage, and art school.

A E F
LUTE-3 20930059 548 S MURPHY AVE 0.19 OF R2/O 12 2 10.2 2 2 No Commercial structure built in 1957; currently occupied by martial arts studio and lace museum.

A F
LUTE-4 20930007 555 S MURPHY AVE 0.32 OF R2/O 12 4 10.2 3 3 No Commercial building built in 1959; currently occupied by a locksmith.

A E F
LUTE-5 21120045 697 E REMINGTON DR 0.48 RHI R4 36 17 30.6 15 15 Yes Medical office center built in 1967 and 1970s. A E F 21120046 685 E REMINGTON DR 0.38 RHI R4 36 14 30.6 12 12 Yes 21120047 693 E REMINGTON DR 0.74 RHI R4 36 27 30.6 23 23 Yes Total 1.61 58 50 50
LUTE-6 11012077 105 W WEDDELL DR 0.24 RHI R4 36 9 30.6 7 7 Auto repair shop built in 1953 surrounded by multifamily residential.

A E F G
LUTE-7 21123019 500 E REMINGTON DR 2.41 RHI R4 36 87 30.6 74 74 Yes Medical Office center built in 1975; units are available.

A E F G
LUTE-8 21135003 1118 SUNNYVALE

SARATOGA RD

0.29 RHI R4 36 11 30.6 9 9 Yes Single family residence built in 1948. Currently unoccupied and dilapidated. Last sold in 1989.

Adjacent commercial built in 1975. Occupied by
daycare center and dental office. Counted as
moderate income because site is too small to
achieve at least 50 units with state density bonus.

A E F G
21135033 1110 SUNNYVALE

SARATOGA RD

0.32 12 10 10
Total 0.62 23 19 19
LUTE-9 11029008 420 PERSIAN DR 3.27 RHI R4 36 118 30.6 100 100 Yes Existing Hindu Temple and Community Center built in 1972. Owner-occupied. Large parking area
provides infill opportunity within ½ mile of light rail station. City has experienced recent
redevelopments of church properties, likely driven
by high land values.

A E F
LUTE-10 11029005 425 TASMAN DR 1.23 RHI R4 36 44 30.6 38 38 Yes Daesung Korean Presbyterian Church built in 1976.

Owner-occupied. Parking area provides infill
opportunity within ½ mile of light rail station. City
has experienced recent redevelopments of church
properties, likely driven by high land values.

A E F G
LUTE-11 11029006 415 TASMAN DR 1.22 RHI R4 36 44 30.6 37 37 Yes Industrial building constructed in 1978, occupied by electronic parts supplier.

A E F G
LUTE-12 16516034 840 MUENDER AVE 0.44 RLM R2 14 6 11.9 5 5 No Industrial use within residential neighborhood. Low market value indicates opportunity for
redevelopment.

A F G
LUTE-13 20204004 516 W REMINGTON DR 1.17 RLM R2 14 16 11.9 14 14 No Medical Offices built in 1968. Currently for sale (01/2022).

A D E F
LUTE-14 20131001 525 W REMINGTON DR 0.93 RLO R2 7 6 5.95 6 6 No Building constructed in 1970. Occupied by insurance and law offices.

A E F
LUTE-15 20914010 848 E EVELYN AVE 0.53 RMED MS/ITR/R
3/PD
24 13 20.4 11 11 No Corner lot commercial building constructed in 1988. Occupied by convenience store, restaurant,
and laundromat.

A F G
Attachment 2

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Site #
Assessor Parcel
Number (APN) Address
Size
(Gross
Acres)
Land
Use Zoning
Max
Density
Max.

A B C D E F G
LUTE-16 20902002 208 S FAIR OAKS AVE 0.31 RMED R3 24 8 20.4 6 6 No Corner lot sports bar built in 1940. Building is poorly maintained and surrounded by recent
residential redevelopment.

A E F G
LUTE-17 20438005 560 E MAUDE AVE 0.22 RMED R3 24 5 20.4 4 4 No Vacant residential lot.

LUTE-18 20438021 510 E MAUDE AVE 0.20 RMED R3 24 5 20.4 4 4 No Office building constructed in 1953. Adjacent to existing multifamily residential.

A E F G
LUTE-19 20913058 612 E EVELYN AVE 1.01 RMED C1/ITR/R
3/PD
24 24 20.4 21 21 No Commercial building constructed in 1965. Occupied by restaurant and retail uses. Large parking area.

Directly adjacent to bus stop.

A E F G
LUTE-20 32335003 633 W HOMESTEAD RD 0.29 RMED R3 24 7 20.4 6 6 No Dental office built in 1968, surrounded by residences.

A E F G
LUTE-21 21302004 895 E EVELYN AVE 7.08 RMED M3/ITR/R
3/PD
24 170 20.4 144 144 No Existing lumber yard. Building constructed in 1970.

Large lot with outdoor storage areas.

A E F
LUTE-22 20529001 465 WOLFE RD 0.29 RMED MS/ITR/R
3/PD
24 7 20.4 6 6 No Commercial building constructed in 1983. Currently occupied with retail use.

A F G
LUTE-23 20529002 695 TAYLOR AVE 0.65 RMED MS/ITR/R
3/PD
24 16 20.4 13 13 No Industrial/warehouse building constructed in 1961. A E F LUTE-24 204-38-006 582 E. Maude Ave. 0.73 RMED R2 24 18 20.4 15 13 City received preliminary application to demolish 2 existing residential structures (built in 1930) and
redevelop site with 15 townhouse style
condominiums.

A C E F G
LUTE-25 211-01-031 444 Old San
Francisco Rd

0.42 RHI R4 36 44 30.6 13 13 Existing single-family home built in 1950.

Development project under review for townhomes.

A C E F G
LUTE-26 21135008;
21135009
148 Crescent Ave 0.85 RMED R3 24 20 20.4 17 17 Two existing single-family residences built in 1927 and 1953. City received preliminary application for
condominium construction.

A C E F
Future Opportunity Sites (not included in Housing Element Inventory) Future Opportunity Site 11014200 444 TOYAMA DR 2.26 RHI MS/ITR/R 3 24 81 30.6 0 0 Office (Data Center)
Future Opportunity Site 20448025 184 N SUNNYVALE AVE 0.44 RLM R2 14 6 11.9 0 0 Single Family Residence and Mortuary 20448036 174 N SUNNYVALE AVE 0.82 RLM R2 14 11 11.9 0 0 Total 1.26 17 0 0
Future Opportunity Site 20204008 1050 TILTON DR 0.42 RLM R2 14 6 11.9 0 0 Single Family Residences and School 20204013 1054 TILTON DR 0.56 RLM R2 14 8 11.9 0 0
20204011 1055 SUNNYVALE

SARATOGA RD

1.01 RLM R2 14 14 11.9 0 0
Total 1.99 28 0 0
Future Opportunity Site 20449010 155 N SUNNYVALE AVE 0.30 RLM R2 14 4 11.9 0 0 Single Family Residence; surrounded by multi- family

Future Opportunity Site 20216008 784 EDALE DR 0.38 RLM R2 14 5 11.9 0 0 Single Family Residence - large lot, surrounded by redeveloped small lot single family

Future Opportunity Site 20924073 460 CARROLL ST 0.63 RLO R0 7 4 5.95 0 0 Single Family Residence - large lot, rear access available on Flora Vista Ave

Future Opportunity Site 30951026 841 E HOMESTEAD RD 0.65 RLO R0 7 5 5.95 0 0 Single Family Residence - large lot, appears vacant, rear access available on Londonderry Dr

Future Opportunity Site 21105009 781 S WOLFE RD 0.72 RLO R0 7 5 5.95 0 0 Single Family Residence - large lot, surrounding parcels have been subdivided and redeveloped

Attachment 2

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Site #
Assessor Parcel
Number (APN) Address
Size
(Gross
Acres)
Land
Use Zoning
Max
Density
Max.

A B C D E F G
Future Opportunity Site 21107023 691 IRIS AVE 0.38 RMED R3 24 9 20.4 0 0 Duplex - adjacent to apartments

21107022 697 IRIS AVE 0.38 RMED R3 24 9 20.4 0 0
Total 0.76 18 0 0
Future Opportunity Site 20920021 693 ARBUTUS AVE 0.27 RMED R3 24 7 20.4 0 0 Duplex - adjacent to small multi-family Future Opportunity Site 21116042 1001 S WOLFE RD 0.32 RMED R3 24 8 20.4 0 0 Single Family - large lot, adjacent to townhomes Future Opportunity Site 21135030 434 CRESCENT AVE 0.27 RMED R3 24 7 20.4 0 0 Single Family - large lot, adjacent to multifamily Future Opportunity Site 20438004 552 E MAUDE AVE 0.24 RMED R3 24 6 20.4 0 0 Single Family - adjacent to vacant lot Future Opportunity Site 21325036 960 S WOLFE RD 0.19 RMED R3 24 4 20.4 0 0 Single Family - adjacent to small multi-family Future Opportunity Site 20920031 415 FIRLOCH AVE 0.34 RMED R3 24 8 20.4 0 0 Single Family - adjacent to small multifamily Future Opportunity Site 21116004 985 BELLOMO AVE 0.24 RMED R3 24 6 20.4 0 0 Duplex - adjacent to condos Future Opportunity Site 30946063 725 E HOMESTEAD RD 0.48 RMED R3 24 12 20.4 0 0 Fourplex - rear access, surrounded by redevelopment, adjacent to apartments

Future Opportunity Site 21116013 856 MARIA LN 0.34 RMED R3 24 8 20.4 0 0 Single Family - large lot, adjacent to townhomes 21116012 850 MARIA LN 0.33 RMED R3 24 8 20.4 0 0
Total 0.67 16 0 0
Future Opportunity Site 21344018 1236 VALERIAN CT 0.26 RMED R3 24 6 20.4 0 0 Duplex - adjacent to fourplex 21344017 1246 VALERIAN CT 0.22 RMED R3 24 5 20.4 0 0
Total 0.47 11 0 0
Future Opportunity
Site
20521007 835 STEWART DR 0.7 RMED MS/ITR/R
3/PD
24 17 20.4 0 0 Office
20521008 825 STEWART DR 4.3 RMED MS/ITR/R
3/PD
24 103 20.4 0 0 Office
20521009 455 DE GUIGNE DR 2.98 RMED MS/ITR/R
3/PD
24 72 20.4 0 0 Office
20521010 845 STEWART DR 1.1 RMED MS/ITR/R
3/PD
24 26 20.4 0 0 Restaurant and office
Total 9.08 218 0 0
Future Opportunity
Site
20521022 920 DE GUIGNE DR 10.33 RMED MS/ITR/R
3/PD
24 248 20.4 0 0 Office
20521023 935 STEWART DR 10.21 RMED MS/ITR/R
3/PD
24 245 20.4 0 0 Office/Manufacturing
Total 20.54 493 0 0
Total 67.14 1,727 621 299 316 6
1 Non-vacant site factors: A) TOD Opportunity, B) Village Center, C) Development Interest, D) Occupancy Status, E) Structure Age and Condition, F) Low FAR, G) Low ILV Ratio (see page 5-6 for more information).

Source: Ascent, 2023.

Attachment 2

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Accessory Dwelling Units
Per State law, a projection of the number of ADUs expected to be built within the eight -year planning period can also be considered as part of the inventory. The City has seen a dramatic increase in ADU production in recent years, particularly since 2018 w hen the State passed several bills to facilitate ADUs statewide. In 2020, the City adopted an ADU ordinance consistent with the requirements under State law. Table 5-2019 shows the total number of ADU building permits issued by year.

Table 5-2019: ADU Building Permits Issued from 2015 through 2021 Year ADU Building Permits Issued
2015 3
2016 4
2017 6
2018 30
2019 48
2020 59
2021 79
2022 59
2015-2017 Average 4
2018-2022 Average 55
Source: City of Sunnyvale, 2022
The City anticipates that ADU production will continue at the same pace experienced since 2018 , with an average of 55 ADUs per year, resulting in 440 ADUs produced within the 2023-2031 projection period. ABAG prepared the Affordability of Accessory Dwellin g Units in September 2021 to provide jurisdictions a foundation for housing element assumptions. The report is based on a statewide survey conducted by the University of California, Berkley’s Center for Community Innovation, in collaboration with Baird + Driskell Community Planning in 2020. ABAG analyzed the raw survey data for Bay Area ADUs constructed in 2018 or 2019 to determine affordability. According to the ABAG report, 38 percent of ADUs are assumed to be used as short-term rentals, home offices, or other non- residential uses. As such, of the 440 ADUs expected to be produced, only 62 percent, or 273 ADUs are assumed to be available on the market as rental housing or housing for family and friends . It is estimated that 34 percent of ADUs produced provide discounted rate or no rent housing to friends and family of the primary residence and are categorized as lower-income housing.

Although ADUs are an important source of housing for these individuals, when ADUs are not advertised on the open market and are only made available to those with connections to existing residents , segregation patterns can be exacerbated. While f amily and friends receive discounted rates, other community members are not provided housing oppo rtunities. Table 5 -210 shows the difference in estimated affordability for all ADUs, including those rented to family and friends, and the recommended affordability levels which excludes units rented to family and friends at discounted rates in order to affirmatively further fair housing. To account for the fact that units available to family and friends at a discounted rate create a potential fair housing issue , the sites inventory applies the affirmatively further fair housing ADU affordability estimates recommended in the ABAG report and shown in Table 5-210.

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Table 5-210: Estimated ADU Affordability within Santa Clara and San Mateo Counties Type Very Low Income Low Income Moderate Income Above Moderate Income
All ADUs (including market and
discounted rate)
31% 39% 23% 7%
AFFH Recommendation (excludes
units rented at discounted rates
to friends/family)
5% 30% 50% 15%
AFFH = Affirmatively Furthering Fair Housing
Source: Association of Bay Area Governments, Affordability of Accessory Dwelling Units, 2021.

As such, the sites inventory includes a projection of 14 ADUs affordable to very low -income households, 82 ADUs affordable to low -income households, 136 ADUs affordable to moderate -income households, and 41 ADUs affordable to above-moderate income households.

Summary of Capacity to Accommodate the RHNA
Sunnyvale’s RHNA for the 2023 -2031 planning period is 11,966 units. The sites inventory identifies housing opportunities for a total of 7,533 units under approved projects, specific plans, planned Village Centers, land designated for residential uses, and through projected ADUs. As shown in Table 5-2122, the City currently (2023) has sites to provide capacity for 3,142 lower-income units, resulting in a 1,535 unit shortfall towards meeting the lower-income RHNA. The City has sufficient capacity for 2,329 moderate-income units, exceeding the moderate- income RHNA. The City currently (20232) has capacity for 1,977 above moderate-income units, falling short of the above moderate-income RHNA by 3,280 units.

Table 5-221: City of Sunnyvale, 2023-2031 Housing Capacity Lower-Income Moderate-
Income
Above
Moderate-
Income
Total
Very Low
Income
Low Income
2023-2031 RHNA 2,968 1,709 2,032 5,257 11,966
4,677
Approved Projects 220 101 438522 999 1,842
Lawrence Station Area Plan 1,096 227 379 1,7023
Downtown Specific Plan 126 48 50 224
El Camino Real Specific Plan 1,204 367 502 2,073
Village Centers 0 797 0 797
Additional Sites 299 316 6 621
Accessory Dwelling Units 14 82 136 41 273
Total Capacity1 3,142 2,3292,413 1,977 7,5323
Shortfall -1,535 +297381 -3,280 -4,433
1In compliance with AB 725, approximately 97 percent of the moderate-income capacity is accommodated on sites permitting at least 4 units per site and no more than 100 units per acre and approximately 96 percent of above-moderate income capacity is accommodated on sites permitting at least 4 units per site.

Source: Ascent, 2023.

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Strategy to meet RHNA Shortfall
As shown in Table 5-2321, the City has had a shortfall of 1,5350 units in the lower-income RHNA category and a shortfall of 3,28070 units in the above moderate-income RHNA category at the start of the planning period. In 2022 July 2023, the City is preparing a comprehensive update to adopted the Moffett Park Specific Plan (MPSP), which will increased the City’s housing capacity and address ed the RHNA shortfall. The MPSP is anticipated for adoption in 2023, after the start of the Housing Element planning period (January 31, 2023). However, once adopted, the plan update will provide a full buildout capacity of up to 20,000 new residential units by 2040. As such, tThis Housing Element includes a program to approve the specific plan to accommodate the City’s RHNA shortfall by January 31, 2024. The following describes how the MPSP will addresses the RHNA shortfall.

MOFFETT PARK SPECIFIC PLAN OVERVIEW
About 70 percent of the land within the MPSP area is collectively owned by Google Inc., Lockheed Martin, and Jay Paul Company. As part of the land use plan development process, the City held multipl e discussions with landowners and developers in the plan area to ensure suitable land is designated for both residential and non - residential needs. The plan is expected to designate land for Office, Mixed Employment, Activity Center, Mixed Use, Residential, Public, and Institutional. Residential uses would be permitted in the Activity Center, Mixed Use, and Residential designations based on the development standards shown in Table 5-2322. The plan will include policies to ensure residential uses are built c oncurrently with office uses to counterbalance the market demand for office development in the plan area and ensure housing is provided for the workforce.

Table 5-2223: Moffett Park Specific Plan Residential Land Use Designations Land Use/
Zoning
Allowed Uses Non-
Residential
FAR Range1
Maximum
Floor Area
Ratio (FAR)
Minimum
Density
(units/acre)
Maximum
Achievable
Density
(units/acre)
based on
FAR
Realistic Density
Assumed in
Housing Element
Inventory
Activity
Center
Allows office, residential,
and commercial uses
and requires a minimum
residential component.

0.35 to 0.75 450% 40 180
40 units/acre
(minimum
density)
Mixed Use
Allows dense residential
or office development
and permits standalone
office, standalone
residential, or mixed use
projects.

0.35 to 1.0 350% None36 150

37.5 units/acre
(25% of
maximum
achievable
density)
Residential Allows for high density
residential. None 400% 70 150
105 units/acre
(70% of
maximum
achievable
density)
Source: City of Sunnyvale, 2022
1 The FAR applies only to non-residential development. It does not apply to standalone residential or the residential portion of mixed-use developments.

Attachment 2

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Realistic Density
The comprehensive update to the MPSP introduces residential as a new permitted use in the plan area. As such, the City has not yet experienced residential development in this area and no residential project applications have been received. However, there is generally high demand for high density residential development throughout the city and property owners within the plan area have expressed interest in developing residential. In addition, the City consulted with property owners and developers during the preparation of the plan’s density standards.

The Specific Plan sets minimum densities for two of the three zones where residential is allowed but does not establish maximum densities. Instead, residential development is regulated through form -based standa rds including setbacks, lot coverage, height, FAR, and required publicly accessible open space. Based on these standards, maximum achievable densities are estimated, as shown in Table 5-242. The plan would allow densities much higher than maximum densities permitted in any other area of the city. In other parts of Sunnyvale, namely the Lawrence Station area, the City has experienced development at buildout densities near 100 units per acre and even approved one affordable residential development proposal with a density of 140 units per acre (see Table 5- 98 above). These densities were achieved through local incentive programs and the State density bonus. While the proposed Moffett Park Specific Plan would allow much higher densities than any other area of Sunnyvale, based on recent development trends within the Lawrence Station Area Plan and conversations with the development community, the City conservatively estimates a real istic buildout density of 105 units per acre in the Residential designation, which is about 70 percent of the maximum achievable density.

The Mixed Use designation in the MPSP would allow for standalone residential up to an estimated 150 dwelling units per acre, standalone office, or a mix of residential and office uses. To ensure sufficient land is available for residential uses and considering the market demand for offices, the specific plan would limit total non -residential development for the entire pl an area. In consideration of the market demand for non -residential uses in the plan area and the lack of residential requirements in the Mixed Use designation, the City conservatively estimates a realistic buildout density of only 25 percent of the maximum achievable density, or 37.5 units per acre, in the Mixed Use designation. This is only slightly higher than the minimum required residential of 36 units per acre. Property owners of the two parcels with Mixed Use (residential and office) zoning designation (MP-20 and MP -21) have expressed interest in developing residential at higher densities than the realistic density of 36 units per acre.

The Activity Center designation in the MPSP is expected to allow for a mix of office, residential (between 40 and an estimated 180 dwelling units per acre), and commercial uses. The plan update requires a residential component be built within the Activity Center designation. Considering the market demand for non -residential uses in the plan area, the City estimates a realistic buildout density equal to the minimum residential density requirement of 40 units per acre in the Activity Center designation.

Redevelopment Potential
The update to the MPSP is developer driven and the City has held multiple conversations with landowners in the plan area during the update process. Based on these conversations, the City has selectively identified sites within the plan area that are anticipated for development within the planning period as candidate rezone sites. As shown in Figure 5-11 below, there are multiple sites designated and suitable for residential development that are not identified as candidate rezone sites to meet the sixth cycle RHNA. These additional sites were not identified in the first phases of residential development but will provide future opportunities for residential development in the plan area. The sites identified as candidate rezone sites have been identified by landowners for redevelopment within the June 30, 2022 – December 15, 2030, RHNA projection period. They were selected for inclusion in the Housing Element in consultation with property owner representatives and based on phasing plans provided by the property owners or developers. Approximately one-third of the selected sites consist of buildings that are being held vacant.

Property owners are holding these buildings for redevelopment upon adoption of the plan rather than advertising Attachment 2

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them for new leases. Of the remaining sites, three do not have structures, as the buildings have previously been demolished or the site consists of parking area. Additionally, over one-half of the sites include buildings that are over 35 years old.

Sites MP-1 and MP-2 (see Table 5-2423) are both in APN 11044007, a parcel totaling 25 acres. MP -1 totals 10.27 acres and is expected to be designated as Activity Center. MP-2 totals 14.75 acres and is expected to be designated as Residential. Together, the MP-1 and MP -2 sites could accommodate 1,959 residential units, consistent with development concepts shared with the City by the property owner. While all of the sites in Moffett Park meet the lower-income default density of 30 units per acre, i In addition, it is generally assumed that only 60 50 percent of the capacity would accommodate the lower -income allocation and the remaining 40 50 percent is assumed to accommodate the above moderate-income allocation. The assumptions for site MP -2 have been further reduced to 25 percent lower-income and 75 percent above moderate-income, reflective of the large size of the site.

Attachment 2

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Figure 5-11: Moffett Park Specific Plan Sites

Source: Adapted by Ascent in 2022 from data received by the City of Sunnyvale in 2022.

Attachment 2

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Table 5-2423: City of Sunnyvale, 2023-2031 Housing Element, Moffett Park Specific Plan (Draft) Site
Number APN Address
Size
(Gross
Acres)
General Plan
Land Use
Designation Zoning
Minimum
Density
Maximum
Achievable
Density
Realistic
Density
Redevelopment
Likelihood
Total
Units
Lower-
Income
Units
Moderate-
Income
Units
Above
Moderate-
Income
Units
Subject to
AB 1397
by-right
policy?
Description of Site Conditions/Existing
Use
Non-vacant Site Factors1

A B C D E F G
MP-1 11044007 1111 LOCKHEED

MARTIN WY BLDG
159

10.27 Moffett Park Activity
Center
40 180 40
(22% of max)
100% 411 205 0 206 No Existing industrial/R&D building. Sites MP-1 and MP-2 are expected to
develop concurrently. Preliminary
master plan by Lockheed Martin shows
2,000 units on MP-1 and MP-2.

A C F
MP-2 11044007 1111 LOCKHEED

MARTIN WY BLDG
159

14.75 Moffett Park Residential 70 150 105
(70% of max)
100% 1,548 387 0 1,161 No Existing industrial/R&D building. Sites MP-1 and MP-2 are expected to develop
concurrently. Preliminary master plan by
Lockheed Martin shows 2,000 units on
MP-1 and MP-2. Lower-income unit
assumptions are reduced to 25 percent
because of site size.

A C F
MP-3 11027047 1120

INNOVATION WY

1.64 Moffett Park Residential 70 150 105
(70% of max)
100% 172 86 0 86 No Building demolished / vacant lot ready for development. Initial concept plan
prepared by property owner for 231 units
in 9-story residential building (140 u/a).

C
MP-4 11026052 140 CASPIAN CT 5.93 Moffett Park Activity Center
40 180 40
(22% of max)
100% 237 118 0 119 No One-story office building constructed in 1985. Identified for redevelopment in
2023-2030 by property owner’s
preliminary phasing plan.

A C F G
MP-5 11026042 169 JAVA DR 535 3.04 Moffett Park Activity Center
40 180 40
(22% of max)
100% 122 61 0 61 No One-story office building constructed in 1985. Identified for redevelopment in
2023-2030 by property owner’s
preliminary phasing plan.

A C F G
MP-6 11026053 111 JAVA DR 3.55 Moffett Park Activity
Center
40 180 40
(22% of max)
100% 142 71 0 71 No Five-story office building constructed in 2009. Identified for redevelopment in
2023-2030 by property owner’s
preliminary phasing plan.

A C F
MP-7 11033035 241 JAVA DR 3.00 Moffett Park Residential 70 150 105 (70% of max)
100% 315 157 0 158 No Building, constructed in 1980, being held vacant (mothballed). Identified for
redevelopment in 2023-2028 by property
owner’s preliminary phasing plan.

A C D F G
MP-8 11033031 1313 GENEVA DR 3.47 Moffett Park Residential 70 150 105 (70% of max)
100% 365 182 0 183 No One-story industrial/R&D building constructed in 1977. Identified for
redevelopment in 2023-2028 by property
owner’s preliminary phasing plan.

A C E F G
MP-9 11033033 1272 BORREGAS
AV

5.23 Moffett Park Residential 70 150 105
(70% of max)
100% 549 274 0 275 No Two-story industrial/R&D building constructed in 1978.

A C E F
MP-10 11033002 275 GIBRALTAR
DR

2.32 Moffett Park Residential 70 150 105
(70% of max)
100% 244 122 0 122 No Building demolished / parking lot A C F G MP-11 11034024 352 JAVA DR 1.98 Moffett Park Residential 70 150 105 (70% of max)
100% 208 104 0 104 No One-story industrial building
constructed in 1981.

A C E F G
MP-12 Not Available Not Available -
Moffett Gateway
Project

3.03 Moffett Park Residential 70 150 105
(70% of max)
100% 319 159 0 160 No Portion of existing parking lot. Initial concept plan prepared by property
owner for 270 units in 8-story
residential building (88 u/a).

A C D F
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Site
Number APN Address
Size
(Gross
Acres)
General Plan
Land Use
Designation Zoning
Minimum
Density
Maximum
Achievable
Density
Realistic
Density
Redevelopment
Likelihood
Total
Units
Lower-
Income
Units
Moderate-
Income
Units
Above
Moderate-
Income
Units
Subject to
AB 1397
by-right
policy?
Description of Site Conditions/Existing
Use
Non-vacant Site Factors1

A B C D E F G
MP-13 11036004 526 BALTIC WY 5.76 Moffett Park Residential 70 150 105 (70% of max)
100% 604 302 0 302 No Two-story industrial/R&D building constructed in 1984.Building being held
vacant (mothballed).

A C D F
MP-14 11036003 1322 CROSSMAN
AV

3.49 Moffett Park Activity
Center
40 180 40
(22% of max)
100% 140 70 0 70 No One-story industrial/R&D building
constructed in 1983.Building being held
vacant (mothballed).

A C D F G
MP-15 11036002 1312 CROSSMAN
AV

3.83 Moffett Park Activity
Center
40 180 40
(22% of max)
100% 153 76 0 77 No One-story industrial/R&D building
constructed in 1980.Building being held
vacant (mothballed).

A C D E F
MP-16 11036018 1341 ORLEANS DR 2.95 Moffett Park Residential 70 150 105 (70% of max)
100% 309 154 0 155 No One-story industrial/R&D building constructed in 1984. Building being held
vacant (mothballed).

A C D F G
MP-17 11036019 1327 ORLEANS DR 2.96 Moffett Park Activity Center
40 180 40
(22% of max)
100% 118 59 0 59 No One-story industrial/R&D building
constructed in 1984. Building being held
vacant (mothballed).

A C D F G
MP-18 11036006 1311 ORLEANS DR 3.88 Moffett Park Activity Center
40 180 40
(22% of max)
100% 155 77 0 78 No One-story industrial/R&D building
constructed in 1979. Building being held
vacant (mothballed).

A C D E F
MP-19 11036007 1299 ORLEANS DR 3.07 Moffett Park Activity Center
40 180 40
(22% of max)
100% 123 61 0 62 No One-story industrial/R&D building
constructed in 1981.

A C E F G
MP-20 11036008 1277 ORLEANS DR 3.04 Moffett Park Mixed Use 150 37.5 (25% of max)
100% 114 57 0 57 No One-story industrial/R&D building
constructed in 1979.

A C E F
MP-21 11036015 641 BALTIC WY 6.22 Moffett Park Mixed Use 150 37.5 (25% of max)
100% 233 116 0 117 No One-story industrial/R&D building constructed in 1979.

A C E F G
MP-22 11036013 1330 ORLEANS DR 1.77 Moffett Park Residential 70 150 105 (70% of max)
100% 186 93 0 93 No One-story industrial/R&D building
constructed in 1981. Building being held
vacant (mothballed).

A C D E F G
MP-23 11036012 1320 ORLEANS DR 2.75 Moffett Park Residential 70 150 105 (70% of max)
100% 289 144 0 145 No Building, built in 1980, being held vacant (mothballed)

A C D E F G
MP-24 11036011 1310 ORLEANS DR 3.30 Moffett Park Residential 70 150 105 (70% of max)
100% 347 173 0 174 No Partially for lease. One-story industrial/R&D building constructed in 1981.

A C E F G
MP-25 11036010 1252 ORLEANS DR 1.75 Moffett Park Residential 70 150 105 (70% of max)
100% 184 92 0 92 No One-story industrial/R&D building
constructed in 1979.

A C E F G
MP-26 11037006 1319 MOFFETT

PARK DR

2.92 Moffett Park Residential 70 150 105
(70% of max)
100% 307 153 0 154 No One-story industrial/warehouse
building constructed in 1970

A C E F G
MP-27 11037014 1315

CHESAPEAKE TR

2.34 Moffett Park Activity
Center
40 180 40
(22% of max)
100% 94 47 0 47 No Two-story office building constructed in 1990

A C F G
MP-28 11037014 1315

CHESAPEAKE TR

4.83 Moffett Park Residential 70 150 105
(70% of max)
100% 507 253 0 254 No Two-story office building constructed in 1991

A C F G
MP-29 11037008 1308 E MOFFETT

PARK DR

2.81 Moffett Park Residential 70 150 105
(70% of max)
100% 295 147 0 148 No One-story building constructed in 1979 A C E F G MP-30 11037016 1310

CHESAPEAKE TR

7.96 Moffett Park Residential 70 150 105
(70% of max)
100% 836 418 0 418 No Two-story office building constructed in 1990

A C F G
TOTAL 123.85 9,626 4,418 0 5,208
1 Non-vacant site factors: A) TOD Opportunity, B) Village Center, C) Development Interest, D) Occupancy Status, E) Structure Age and Condition, F) Low FAR, G) Low ILV Ratio (see page 5-6 for more information).

Source: City of Sunnyvale 2023, compiled by Ascent in 2023.

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Income Distribution
Assembly Bill 725 (2021) requires that at least 25 percent of the above moderate-income RHNA be accommodated on sites that allow at least four (4) units of housing, and at least 25 percent of the m oderate-income RHNA be accommodated on sites that allow at least four (4) units of housing, but no more than 100 units per acre. Consistent with this new State law requirement, no moderate -income capacity is identified within the MPSP which allows densities over 100 units per acre. Capacity is only identified for lower-income and above moderate-income units in the MPSP. It is assumed that 50 percent of the capacity in the MPSP would be able to accommodate lower-income need and 50 percent would be able to accommodate the above moderate-income need.

Summary of Capacity
As shown in Figure 5-11 and Table 5-2325 below, the identified candidate rezone sites provide capacity for 9,626 units; including 4,418 lower -income units and 5,208 above moderate -income units. This resulting capacity is generally consistent with the redevelopment concepts described by the property owners. The assumed capacity by 2030 represents 48 percent of the total 20,000 units expected at full buildout by 2040.

In addition, these sites will meet State law requirements to address the lower -income RHNA shortfall. The MPSP sites will allow for densities of at least 30 dwelling units per acre, with a minimum density of at least 20 dwelling units per acre. More than 50 percent of the lower -income RHNA shortfall will be accommodated on parcels designated exclusively for residential uses. The MPSP p lans for sufficient water, sewer, dry utilities, and other infrastructure to accommodate housing growth. The City will also permit multifamily uses for developments in which potentially 20 percent of the units would be affordable to lower-income households.

Total Residential Capacity Including Moffett Park Specific Plan Upon adoption of the MPSP, the City will have sufficient capacity to accommodate 16,93517,158 residential units, accommodating the RHNA in all income categories. As shown in Table 5-2524, upon adoption of the Moffett Park Specific Plan, the City will have capacity to accommodate 7,560 lower-income units, 2,3292,413 moderate income- units, and 7,185 above moderate-income units. The City will have a lower -income surplus of 2,883 units, or 62 percent.

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Table 5-2524: Anticipated 2023-2031 Housing Capacity Upon Adoption of Moffett Park Specific Plan Lower-Income Moderate-
Income
Above
Moderate-
Income
Total
Very Low
Income
Low Income
2023-2031 RHNA 2,968 1,709 2,032 5,257 11,966
4,677
Approved Projects 220 101 438522 999 1,842
Lawrence Station Area Plan 1,096 227 379 1,7023
Downtown Specific Plan 126 48 50 224
El Camino Real Specific Plan 1,204 367 502 2,073
Village Centers 0 797 0 797
Additional Sites 299 316 6 621
Accessory Dwelling Units 14 82 136 41 273
Moffett Park Specific Plan 4,418 0 5,208 9,626
Total Capacity after Rezone 7,560 2,3292,413 7,185 16,93517,158 Surplus +2,883 +297381 +1,928 +4,9695,192
Source: Ascent, 2022.

Availability of Infrastructure and Public Services
All of the identified housing sites are surrounded by developed land and have the necessary existing or planned infrastructure and services in place to support development. The City’s 2020 Urban Water Management Plan confirms that the City has sufficient water supply to serve projected growth through 2040. The Plan projects that City population will increase from 15 6,503 in 2020 to 174,880 in 2030 and 195,414 in 2040. Water supply and demand will be managed to account for climate change impacts including drought and water quality concerns. The City has sufficient water supply and infrastructure to serve the capacity assumed on the sites in the inventory.

Sunnyvale also has sufficient wastewater capacity within its collection system and treatment plant to serve all development included in the General Plan build -out projections. Planned infrastructure improvements have been previously identified by the City as implementation of the El Camino Real Specific Plan and Lawrence Station Area Plan. As part of the Moffett Park Specific Plan Update process, the City will identify and plan for infrastructure improvements needed to serve anticipated growth in Moffett Pa rk. The City continues to maintain its wastewater collection system to reduce risks from infiltration, stormwater inflow, and grease/dirt build -up. The City’s existing and planned system and operations are sufficient to serve all sites identified in the inventory.

Senate Bill 1087, which took effect in January 2006, requires water and sewer providers to grant priority for service allocations to proposed developments that include units affordable to lower income households. The City provides water and sewer service to the Sunnyvale community directly and is its own local water and sewer provider .

Pursuant to SB 1087, the Housing Element will be available to the City ’s Environmental Services Department upon adoption, along with a summary of the RHNA.

Pacific Gas and Electric (PG&E) provides electricity and natural gas to Sunnyvale. Telecommunication, cable, and internet services are provided by AT&T, Xfinity, T-Mobile and other private companies. Sunnyvale is developed and no greenfield sites are included in the inventory. Infrastructure and s ervices are available to all sites identified in the inventory.

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Environmental Constraints
All parcels (or portions of parcels) identified in the inventory were considered by City s taff and were reviewed to determine possible environmental constraints such as parcel shapes, flood zones or wetlands , easements, and contamination . All previously zoned sites included in the 2017 LUTE, Downtown Specific Plan, Lawrence Station Area Plan, a nd El Camino Real Specific Plan have undergone a certified environmental review process and did not prove to have detrimental significant and unavoidable environmental constraints. Parcel shape s for the parcels included in the inventory have been determined sufficient to allow for residential development. As shown in Figure 5-12, sites identified in south of the Caltrain rail line, including the ECRSP and DSP, as well as portions of the LSAP are located within the 500-year flood plain. In addition, portions of the LSAP and the MPSP, sites near Fair Oaks Ave nue just south of Tasman Drive, and sites along S Wolfe between Caltrain and Reed Avenue, are located within the 100-year flood plan. These sites would address any applicable flooding constraints during the site design. The site design would be reviewed to ensure the first habitable floor is raised to one foot above the base flood elevation. While there is an added cost, flood constraints can be mitigated through des ign and all of the sites in the inventory have been deemed suitable for residential development. No additional environmental hazards related to wildfire risk, slope, or wetlands impact any of the sites included in the inventory. No known easements exist on any of the parcels in the inventory. Additionally, t here are no known contamination issues on any of the sites in the inventory. Any applicable contamination issues on -site have been successfully abated in the past and ha ve not hindered residential develo pment. All sites in the Moffett Park Specific Plan area have been analyzed in the Environmental Impact Report (EIR). As part of the EIR, an investigation was completed to identify existing and known sources of contamination . No significant contamination issues have been identified at residentially designated sites that would prohibit residential development. All future residential projects, per Specific Plan requirements, would be subject to site -specific investigations (including sampling) and remediation as necessary to reduce impacts to less than significant . Recent examples of successful abatement of environmental contamination are shown in Table 5-2625 below.

Table 5-2625: Residential Projects with Environmental Contamination Abatement Project Units Remediation Year Built
1044 E Duane Ave 132 Soil and groundwater contamination 2014 915 DeGuigne Dr 450 Soil and groundwater contamination (EPA Superfund) 2019 1120 Kifer Rd 520 Soil contamination 2020
1 AMD Pl 1,051 Soil and groundwater contamination Under construction 475 N Fair Oaks Ave 18 Soil and groundwater contamination Under construction 1139 Karlstad Dr 135 Soil and groundwater contamination Entitled 2021 Total 2,306
Source: City of Sunnyvale, 2022.

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Figure 5-12: Sites Inventory and Environmental Constraints

Source: Adapted by Ascent in 2022 from data downloaded from FEMA and USFWS in 2022.

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5.3 Financial Resources
Sunnyvale has access to a variety of existing and potential funding sources available for affordable housing activities.

They include programs from local, state, federal, and private resources. The following section describes the primary local and county housing funding sources to be available in Sunnyvale during the planning period. These include Housing Mitigation Funds, Community Development Block Grants (CDBG) and HOME grants, BMR in-lieu fees, and others described below. Table 5-2725 below provides a more comprehensive inventory of potential federal, State, County, and private funding sources.

HOUSING MITIGATION FUND
Since 1983, the City has collected a Housing Mitigation fee from specified industrial and commercial developments as a means of mitigating the impact of job -producing development on the demand for affor dable housing. As of fiscal year 2021-22, the Housing Mitigation fee for office/industrial/research and development projects is $9.30 per square foot for the first 25,000 net new square feet of the project , and $18.50 per square foot for any additional square footage. The fee for retail/lodging projects is $9.30 per square foot for all new square footage of the project.

The City will complete a nexus study in summer 2022 to determine if a revised fee schedule is justifiable. Funds may be used for acquisition, rehabilitation, new construction, preservation of at-risk housing, down payment assistance, and related activities. The fund revenue varies between $2 million to $10 million per year, dependent upon development activity, with a current balance of approximately $25 million. Housing units assisted with these funds are deed-restricted as affordable to very low -, low-, and moderate-income households, although the emphasis is on subsidizing rental housing affordable to very low -income households. This funding source is the City’s largest revenue source for supporting affordable housing.

REDEVELOPMENT AGENCY LOW/MODERATE INCOME HOUSING FUND
The former Sunnyvale Redevelopment Agency was created in 1975 to guide redevelopment in the central core of the city. State redevelopment law, prior to dissolution of redevelopment agencies in 2011, used to require these agencies to set aside 20 percent of the tax increment funds they collected to increase and improve housing for low and moderate-income households. These funds were deposited into a separate account known as the housing fund.

Because Sunnyvale’s former redevelopment agency was created before 1976, it was allowed to defer payments into this fund as long as its pre -1986 debt service payments exceeded the tax incr ement collected by the agency.

The former Redevelopment Agency accounted for the amounts deferred from the housing fund each year and must repay the deficit in the fund when any tax increment funds ever become available.

The dissolution of redevelopment agencies throughout California eliminated a significant source of funding for affordable housing. Due to pre-existing debt obligations, the Sunnyvale Redevelopment Agency deferred payments into the Low and Moderate Income Housing Asset Fund (LMIHAF) until 2020-21. At the end of the 2021-22 fiscal year (FY) the balance in the LMIHAF was $4 million. The Housing Successor Agency spen ds $250,000 annually on the Homeless Prevention and Rapid Re -Housing Program and allocates excess funding on a competitive basis towards new development, such as the $4 million loan for Sunnyvale Block 15. No more revenue is expected into this fund however loans will continue to be awarded for affordab le housing and homeless prevention until the funds are depleted.

BELOW MARKET RATE (BMR) HOUSING IN-LIEU FEES
Sunnyvale’s Below Market Rate (BMR) Home Ownership Program requires that 15 percent of homes developed in ownership housing developments over seven (7) units be sold as BMR units, at prices affordable to moderate - income home buyers. Developers of such proj ects may seek City Council approval to pay a fee in lieu of providing Attachment 2

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the BMR homes (the BMR in -lieu fee). The ownership housing BMR in-lieu fee is equal to seven (7) percent of the contract sales price of all units in the development. If the developer is paying an in-lieu fee for a fractional unit only, the minimum fee rate may be adjusted proportionately.

The BMR Rental Housing Program requires that rental housing projects with more than three units provide affordable units, with at least 10 percent of rental units provided at rents affordable to low-income households and at least 5 percent of rental units provided at rents affordable to very -low income households. Developers of small rental housing projects (three to six units) may pay an in -lieu fee wit hout City Council approval. For large rental housing projects (seven or more units), developers may pay an in -lieu fee at the discretion of City Council. The in - lieu fee for both small and large rental housing projects is updated annually. For the 2021-2022 FY, the small rental housing project in-lieu fee is $13.50 per net new habitable square foot and the large rental housing project in -lieu fee is $27 per net new habitable square foot.

The current balance of the BMR sub-fund is approximately $7 million, which includes more recent fractional in-lieu fee revenues and BMR administrative (transaction processing) fees. These funds are combined with Housing Mitigation Funds to develop additional affordable units and support administration of the BMR pr ogram. The City recently approved funds to support the land purchase of 1178 Sonora Court, Sunnyvale Block 15, and Orchard Gardens (245 W Weddell Drive) for affordable housing development.

HOME INVESTMENT PARTNERSHIP ACT (HOME)
As a HOME entitlement jurisd iction, Sunnyvale receives an annual HOME grant directly from HUD. HOME funds may be used for the construction, rehabilitation, and acquisition of housing affordable to lower-income households, as well as for tenant -based rental assistance, which is simila r to the Section 8 voucher program. The amount of these annual grants has declined dramatically since 2010, due to congressional efforts to cut back on domestic discretionary programs. The HOME grant awarded to the City for fiscal year 2021-22 is slightly over $ 400,000, compared to grants of nearly $800,000 in the years just prior to 2010. Given the very small amount of the grant at this time, these funds are no longer planned for use for major housing developments. In the last two years, the City has budgeted all of its new HOME grant funds for tenant-based rental assistance for homeless households. The City also receives several large HOME loan repayments from time to time, which are used to expand the City’s Tenant Based Rental Assistance program . Such lo an payments are received sporadically, so it is difficult to project how much income of this type will be received during the 2023-2031 planning period.

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
The CDBG program provides funding for housing and housing -related activities such as: property acquisition, housing rehabilitation, accessibility improvements, fair housing services, and public services benefiting lower income households. Because CDBG funds cannot be used for new construction, Sunnyvale has historic ally used most of its CDBG funds for public services, ADA accessible improvements, and housing rehabilitation and home improvement programs. In the last several years the City has begun using CDBG for employment development services for homeless people, as part of an effort to help them obtain jobs and housing. Sunnyvale receives a CDBG grant as an entitlement city, but the amount varies annually depending on how much is allocated to the program in the federal budget. While t he federal allocations for CDBG have also been declining in recent years, the allocations during the 2015-2023 planning period remained fairly stable. The City has been allocated a CDBG grant of slightly over $1 million for FY 2022-23, a significant decline compared to the grant of over $1.3 million received in FY 2009-10. However, the City continues to receive program income from the repayment of CDBG loans funded in prior years. These program income revenues typically range from $150,000 to $250,000 per year.

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In June 2020, the City ado pted a 2020 -2025 Consolidated Plan to assess housing and community development needs, identify goals, and develop strategies for the continued implementation of the City’s CDBG and HOME programs. The plan determined that funds should continue to benefit the entire city as there are no blighted areas or high-poverty/unemployment rate concentrations. As such, providing services across the entire city will support the City’s goal of affirmatively furthering fair housing to prevent concentrations of poverty. Th e City will continue to target funding for affordable housing, homelessness, and other community development efforts such as human services for special needs populations. The plan identifies $700,000 in funding for affordable housing (rental unit construction), $600,000 in funding for rapid rehousing homelessness prevention, as well as additional funding for ADA curb ramp improvements and the WorkFirst program which provides job resources for those experiencing or at risk of homelessness.

HOUSING TRUST OF SILICON VALLEY (HTSV)
HTSV is a non -profit organization created in 2000 through a cooperative effort of the private and public sectors, including the Collaborative on Homelessness and Affordable Housing, the Silicon Valley Manufacturing Group, Santa Clara County, Community Foundation Silicon Valley, and all 15 Santa Clara towns and cities. The purpose of the Trust is to increase the supply of affordable housing in Santa Clara County within three program areas: first -time homebuyer assistance, multi-family rental housing, and programs for homeless people with special needs. Funds are available for acquisition, rehabilitation, new construction, predevelopment costs , and supportive housing services. Since the Trust’s inception in 2000, it has invested $446.8 million in affordable housing and leveraged over $6.6 billion to create more than 24,263 housing opportunities. During that time, the Trust has provided funding for 618 homes in Sunnyvale and provided development financing to four affordable housing projects in Sunnyvale.

SUMMARY OF FEDERAL, STATE, AND LOCAL FUNDING PROGRAMS
Table 5 -2726 provides a comprehensive summary of Federal, State, and local funding programs and resources potentially available to support housing development.

Table 5-2627: Financial Resources Available for Housing Activities Program Name Description Eligible Activities
Federal Programs
Community
Development Block
Grant (CDBG)
Block grants awarded to the City on a formula basis for housing and community development activities
benefiting lower income households, eliminating blight, and creating jobs.
✓ Acquisition
✓ Rehabilitation
✓ Home Buyer Assistance
✓ Economic Development
✓ Homeless Assistance
✓ Public Services
✓ Public Facilities
HOME Funding can be used to support a variety of low income housing activities.
✓ New Construction
✓ Acquisition
✓ Rehabilitation
✓ Home Buyer Assistance
✓ Rental Assistance
Section 8 Rental
Assistance Program
Rental assistance payments to owners of private market
rate units on behalf of very low income tenants.
✓ Rental Assistance
HUD Section 202 Grants to non-profit developers of supportive housing for the elderly.
✓ Acquisition
✓ Rehabilitation
✓ New Construction
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Program Name Description Eligible Activities
HUD Section 811 Grants to non-profit developers of supportive housing for persons with disabilities, including group homes,
independent living facilities and intermediate care
facilities.
✓ Acquisition
✓ Rehabilitation
✓ New Construction
✓ Rental Assistance
Continuum of Care
(CoC)
Provides funding for efforts by nonprofit providers, and State and local governments to quickly rehouse
homeless individuals and families.
✓ Acquisition
✓ Rehabilitation
✓ New Construction
✓ Rental Assistance
✓ Supportive Services
✓ Operating Costs
Housing Opportunities
for Persons with AIDS
(HOPWA)
Funds are made available countywide for supportive
social services, affordable housing development, and
rental assistance to persons living with HIV/AIDS.
✓ Acquisition
✓ Rehabilitation
✓ New Construction
✓ Facility Operations
✓ Rental Assistance
✓ Homelessness Prevention
Mortgage Credit
Certificate (MCC)
Program
Provides income tax credits to first-time homebuyers to buy new or existing homes.
✓ Home Buyer Assistance
✓
Federal Emergency
Shelter Grant Program
(FESG)
Provides grants to jurisdictions to implement a broad
range of activities that serve the homeless.
✓ Emergency shelter construction
✓ Operation costs
✓ Social services
✓ Homeless prevention
State Programs
Low-income Housing
Tax Credit (LIHTC)
Tax credits are available to persons and corporations
that invest in low-income rental housing. Proceeds from the sale are typically used to create housing.
✓ Construction of Housing
Multi-Family Housing
Program (MHP)
Deferred payment loans to local governments and
developers for new construction, rehabilitation and
preservation of rental housing.
✓ New Construction
✓ Rehabilitation
✓ Preservation
✓ Conversion of nonresidential to
rental
Multi-Family Housing
Program –Supportive
Housing
Deferred payment loans for rental housing with
supportive services for the disabled who are homeless
or at risk of homelessness.
✓ New Construction
✓ Rehabilitation
✓ Preservation
✓ Conversion of nonresidential to
rental
Affordable Housing
Innovation Fund
Funding for pilot programs to demonstrate innovative,
cost-saving ways to create or preserve affordable
housing.
✓ Regulations pending
Infill Incentive Grant
Program
Funding of public infrastructure (water, sewer, traffic, parks, site clean-up, etc.) to facilitate infill housing development.
✓ Development of parks and open
space
✓ Water, sewer, or other utility
service improvements
✓ Streets, roads, parking structures,
transit linkages, transit shelters
✓ Traffic mitigation features
✓ Sidewalks and streetscape
improvements
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Program Name Description Eligible Activities
CalHFA Homebuyer
Down payment
Assistance Program
CalHFA makes below market loans to first-time
homebuyers of up to 3% of sales price. Program
operates through participating lenders who originate
loans for CalHFA. Funds available upon request to
qualified borrowers.
✓ Homebuyer Assistance
Affordable Housing and
Sustainable
Communities Program
(AHSC)
Funds land use, housing, transportation, and land
preservation projects that support infill and compact
development and reduce greenhouse gas emissions.

Loans and/or grants are provided for Transit Oriented
Development Project Areas and Integrated Connectivity
Project Areas.
✓ Planning
✓ Acquisition
✓ New Construction
✓ Rehabilitation
✓ Infrastructure
CalHOME Provides grants to local governments and non-profit agencies to assist first-time homebuyers become or
remain homeowners through deferred-payment loans.

Funds can also be used to assist in the development of
multiple-ownership projects.
✓ Homebuyer Assistance
✓ Construction
California Emergency
Solutions and Housing
(CESH)
Provides grant funds to assist persons experiencing or
at-risk of homelessness.
✓ Homelessness Prevention
California Self-Help
Housing Program
(CSHHP)
Provides grants for sponsor organizations that provide
technical assistance for low- and moderate-income
families to build their homes with their own labor.
✓ Construction
Golden State
Acquisition Fund (GSAF)
Provides a flexible source of capital for the development and preservation of affordable housing properties.

Developers can access acquisition financing for rental
housing and homeownership opportunities at favorable
terms for urban and rural projects statewide.
✓ Acquisition
✓ Construction
✓ Preservation
Housing for a Healthy
California
Provides funding to deliver supportive housing
opportunities for individuals who are recipients of or
eligible for health care provided through the California Department of Health Care Services, Medi-Cal program.
✓ Supportive housing
Infill Infrastructure
Grant Program (IIG)
Provides grants to assist in the new construction and
rehabilitation of infrastructure that supports higher-
density affordable and mixed-income housing in
locations designated as infill.
✓ Infrastructure construction and
rehabilitation
Local Early Action
Planning (LEAP) Grants
Assists cities and counties to plan for housing through providing over-the-counter, non-competitive planning
grants.
✓ Planning
Local Housing Trust
Fund Program (LHTF)
Provides matching funds to local housing trust funds to provide loans for construction of rental housing that is deed-restricted for at least 55 years to very low-income households, and for down-payment assistance to
qualified first-time homebuyers.
✓ New Construction
✓ Home Buyer Assistance
Mobile Home Park
Resident Ownership
Program (MPROP)
Provides loans to mobile home park resident
organizations, non-profit entities, and local public
agencies to finance the preservation of affordable
mobile home parks by conversion to ownership control.
✓ Mobile home park preservation
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Program Name Description Eligible Activities
Multifamily Housing
Program (MHP)
Provides low-interest, long-term, deferred-payment
loans for the new construction, rehabilitation, and
preservation of rental housing, supportive housing, and housing for homeless youth.
✓ New Construction
✓ Rehabilitation
✓ Preservation
No Place Like Home
Program
Provides funding to invest in the development of
permanent supportive housing for persons who are in
need of mental health services and are experiencing
homelessness, chronic homelessness, or who are at risk
of chronic homelessness.
✓ Permanent supportive housing
Permanent Local
Housing Allocation
(PLHA)
Provides a permanent source of funding for the
predevelopment, development, acquisition,
rehabilitation, and preservation of affordable housing, including multifamily, residential live-work, and
Accessory Dwelling Units (ADUs).
✓ New Construction
✓ Acquisition
✓ Rehabilitation
✓ Preservation
Predevelopment Loan
Program (PDLP)
Provides short-term predevelopment loans to finance
the continued preservation, construction, rehabilitation, or conversion of assisted housing primarily for low-
income households.
✓ New Construction
✓ Preservation
✓ Rehabilitation
✓ Conversion of assisted housing
Regional Early Action
Planning (REAP) Grants
Provides funding for council of governments (COGs) and
other regional entities to collaborate on projects that have a broader regional impact on housing. Grant
funding is intended to help regional governments and
entities facilitate local housing production that will
assist local governments in meeting their Regional
Housing Need Allocation (RHNA).
✓ RHNA Planning
Senate Bill (SB) 2
Planning Grants
Program
Provides one-time non-competitive/over the counter
funding and technical assistance to all eligible local
governments in California to adopt and implement plans
and process improvements that streamline housing
approvals and accelerate housing production.
✓ Planning
✓ Technical assistance
Supportive Housing
Multifamily Housing
Program (SHMHP)
Provides low-interest loans to developers of permanent
affordable rental housing that contain supportive
housing units. Loans have a 55-year term at three
percent simple annual interest.
✓ New Construction
✓ Rehabilitation
✓ Conversion
TOD Housing Program Provides low-interest grants and/or loans for the development and construction of mixed use and rental
housing development projects, homeownership
mortgage assistance, and infrastructure necessary for
the development of housing near transit stations.
✓ New Construction
✓ Home Buyer Assistance
✓ Infrastructure
Veterans Housing and
Homelessness
Prevention Program
(VHHP)
Provides long-term loans for development or
preservation of rental housing for very low- and low-
income veterans and their families.
✓ New Construction
✓ Preservation
✓
Local Programs
Sunnyvale Successor
Agency Housing Fund
(former RDA Housing
Fund)
Sunnyvale’s current financial projections indicate that funds may begin accruing into this fund by 2017,
depending on redevelopment in the downtown.
✓ Acquisition
✓ Rehabilitation
✓ New Construction
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Program Name Description Eligible Activities
Silicon Valley Housing
Trust
Housing trust fund created by private and public sector organizations. Sunnyvale has contributed funds to this
fund almost every year since its inception. These funds are leveraged with Trust Fund resources to increase the amount of affordable housing that can be assisted.
✓ Multi-family Rental Housing
✓ Homebuyer Assistance
✓ Special Needs Facilities
Sunnyvale Housing
Mitigation Fund
A fund that receives linkage fee payments from large
development projects in the City to offset the impacts
of projected job creation. The revenues received
support various City housing projects, programs and
activities.
✓ New Construction
✓ Rehabilitation
✓ Acquisition/Preservation
✓ Homebuyer Loans
Sunnyvale BMR In-Lieu
Fees
Fees paid by residential developers in lieu of providing affordable units in new developments.
✓ New Construction
✓ Rehabilitation
✓ Acquisition/Preservation
Bay Area Transit-
Oriented Affordable
Housing (TOAH) Fund
Financing for the development of affordable housing
and other neighborhood assets in Priority Development
Areas or Transit Priority Areas as designated by

ABAG/MTC
✓ Acquisition
✓ Predevelopment
Private Resources/Financing Programs
Federal National
Mortgage Association
(Fannie Mae)
Fixed rate mortgages issued by private mortgage
insurers.
✓ Home Buyer Assistance
Mortgages that fund the purchase and rehabilitation of
a home.
✓ Home Buyer Assistance
✓ Rehabilitation
Low Down-Payment Mortgages for Single-Family Homes
in under-served low-income and minority cities.
✓ Home Buyer Assistance
Federal Home Loan
Bank Affordable
Housing Program
Direct Subsidies to non-profit and for profit developers and public agencies for affordable low-income
ownership and rental projects.
✓ New Construction
Source: Ascent, 2021.

5.4 Administrative Resources
Described below are several agencies active in providing affordable housing in Sunnyvale. These agencies serve as resources in meeting the housing needs of the community.

MidPen Housing Corporation (MidPen) is a regional non -profit organization involved in the development, and acquisition and rehabilitation of affordable rental housing. MidPen also provides professional management services and on-site coordination of services to residents. MidPen has developed, acquired/rehabilitated and preserved numerous affordable housing project s in Sunnyvale and is currently planning two affordable housing projects on Sonora Court in the LSAP.

Charities Housing Development Corporation (CDHC) is a non-profit affordable housing developer based in San Jose.

CHDC developed 23 apartments for developm entally disabled tenants, the Stoney Pine Apartments, in 2001, and Parkside Studios, in 2015, which provides 59 studios for very low income individuals, including homeless applicants.

Christian Church Homes of Northern California develops and preserves affordable housing for seniors, and provides property management services and social service coordination. The City worked with Christian Church Homes in the acquisition and preservation of Plaza Las Flores as long-term affordable housing.

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First Community Housing designs, develops and manages affordable housing. Located in San Jose, First Community focuses on providing sustainable housing, locating projects adjacent to transit corridors and providing free bus and light rail “Eco Passes” to tenants. Sunnyvale worked with First Community Housing in the development of Orchard Gardens Apartments and is currently working with them to redevelop and expand the same apartment complex.

Related CA is a market rate and affordable housing developer. Related recently broke ground on a new 90 unit affordable housing development in Downtown Sunnyvale which sets aside 25% of the units for those with developmental disabilities.

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CHAPTER 6 Constraints to the Development of Housing
The provision of adequate and affordable housing opportunities is an important goal of the City. However, the ability of the housing market to supply an adequate number of new dwellings to meet demand is affected by a variety of factors, or constraints. This chapter identifies those governmental and nongovernmental constraints that inhibit the development, maintenance, or improvement of housing. The first section focuses on potential governmental constraints, or those constraints that are within the City’s control, such as policies and regulations that could affect the City’s ability to meet future housing needs. The second section looks at nongovernmental constraints, or those constraints that are largely market driven and cannot be controlled by local government, such as land, materials, and labor costs. Table 6-1 includes a summary of the findings from the constraints analysis and the programs included in the Housing Element to address the identified constraints.

Table 6-1: Summary of Identified Constraints
Identified Issue Implementation
Programs
Description of Programs and Objectives
Governmental Constraints
Land Use Controls
ECRSP Commercial requirement may
constrain affordable housing
development
H17. El Camino Real
Specific Plan
Commercial
Requirement
Develop a program to facilitate a minimum of two 100%
affordable developments. Continue to require inclusionary units within market rate developments.

Mixed-use parking requirements
involve the use of a parking
calculator that is not available to the
public
H23. Zoning Code
Amendments
Amend the zoning code to provide clear and transparent
parking standards for mixed use developments.

Open space requirements may be
higher than some other nearby
jurisdictions
H18. Private Open
Space
Requirements
Review and modify the City's private open space
requirements to reduce constraints on housing
development in higher density residential areas (R-2, R-3, R-4, R-5 zoning districts) and adopt open space
requirements that facilitate missing middle style
development.

Several residential design guidelines
are subjective, which has the
potential to delay planning
approvals
H43. Objective
Design Standards
Adopt new objective design standards for multifamily and residential mixed-use development to establish clear,
objective design standards and streamline residential
development.

Continue to support the production
of ADUs by limiting constraints and
ensuring that the zoning code
complies with State law
H4. Accessory
Dwelling Units
Establish an ADU toolkit to promote and facilitate ADU
production for homeowners. Review the zoning code
annually and amend as necessary to ensure compliance
with State law.

Zoning Code does not explicitly
allow employee housing for six or
fewer employees, which may
constrain farmworker housing
H23. Zoning Code
Amendments
Amend the zoning code to allow employee housing for six or fewer employees and treat this use the same as other single family uses.

Zoning Code may result in
constraints to housing types for
persons with special needs,
including the following housing
types:

H23. Zoning Code
Amendments
Amend the zoning code to ensure compliance with State
law, including permitting group homes with more than six persons in all residential zones and revise procedures to promote objectivity; revising SRO maximum occupancy
restrictions to comply with California Building Code,
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Identified Issue Implementation
Programs
Description of Programs and Objectives
- Group homes
- SROs
- Supportive Housing
- Emergency shelters
- Low Barrier Navigation Centers
- Residential care facilities
removing the minimum parking requirement for SROs, and
allowing SROs 'by right' in specific zoning districts and select mixed-use zoning districts in specific plans including the El Camino Real Specific Plan; allowing supportive
housing units and Low Barrier Navigation Centers Review 'by right' in multi-family and mixed use zoning districts; and identifying explicit parking requirements emergency shelters and residential care homes in compliance with
State law.

Zoning code may constrain some
missing middle housing types in low-
density, single family zoning districts
H21. Missing
Middle Housing
Establish zoning modifications to encourage construction of missing middle housing unit types in lower-density,
single family neighborhoods and implement regulatory
modifications and/or financing opportunities to increase development of missing middle housing units.

Zoning code may constrain the
adaptive reuse of existing structures
in industrial zoning districts
H22. Adaptive
Reuse
Evaluate review and approval processes to determine if
they are a constraint on adaptive or interim reuse. Modify processes as appropriate to remove barriers
Affordable housing and other higher
density residential developments
may be constrained by zoning
regulations in Higher Opportunity
Areas in southern Sunnyvale
H3. Increase
Affordable Housing
Resources in High
Opportunity Areas
Rezone sites in Higher Opportunity areas, including
southern Village Centers, to increase allowed densities to 30 units per acre to create more opportunities for
affordable housing.

Processing and Permitting Procedures
No established program to process
SB 35 applications
H23. Zoning Code
Amendments
Establish written procedure to implement streamlined
approval for applications submitted under SB 35.

Residential planning permit
procedures may lack clarity, increase
processing times, and do not
identify objective design standards
H16. Complete the
"Retooling the
Zoning Code"
Project.

H20 Housing
Development Plan
Review Permit.

H43. Objective
Design Standards.

Complete a comprehensive update of the zoning code to
provide clarity of processing and permitting procedures for the community. Streamline housing development by
establishing a new, non-discretionary permit type (Plan Review Permit) for all residential development and
implement objective design standards for all residential and mixed use projects. Adopt new objective design
standards for multifamily and residential mixed-use
development to establish clear, objective design standards and streamline residential development.

Fees and Exactions
Some development impact fees may
be higher than other jurisdictions,
which may increase overall
residential development costs
H19. Review Park
Dedication
Requirements.

H44. Review
Development Fees.

Establish reduced Park Dedication in-lieu fees for
multifamily developments and Dual Urban Opportunity
projects with a lot split, and review and potentially modify other development impact fees to reduce housing
development costs.

Park dedication in-lieu fees for Dual
Urban Opportunity units with an
urban lot split may be higher than
other jurisdictions, which may act as
a barrier to SB 9 projects
H19. Review Park
Dedication
Requirements.

Establish reduced Park Dedication in-lieu fees for Dual Urban Opportunity projects that include an urban lot split and multifamily developments.

Housing for Persons with Disabilities
Zoning Code's definition of "family"
may cause constraints on housing
for persons with disabilities.

H23. Zoning Code
Amendments
Amend the zoning code's definition of a "family" to
remove language about possession of the entire unit.

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Identified Issue Implementation
Programs
Description of Programs and Objectives
Reasonable accommodation findings
may be a constraint on the
development of housing for persons
with disabilities
H31. Reasonable
Accommodations
Review and revise findings for reasonable
accommodations to provide a streamlined, objective
process for requesting modifications to any policy or
procedure to remove any constraints to housing for
persons with disabilities.

Non-governmental Constraints
Lack of financing for affordable
housing development severely
constrains the creation of deed-
restricted housing that is affordable
for lower-income households
H7. Local Funding
Assistance for
Affordable Housing.

H8. New Funding
Mechanisms and
Partnerships for
Affordable Housing.

Continue to provide local and federal funding for the
development, acquisition, predevelopment, and
rehabilitation of affordable housing through biannual
NOFAs. Identify new mechanisms and partnerships with
public and private institutions to leverage additional
funding resources to increase the development of
affordable housing units
Lack of affordable financing is a
barrier to homeownership for low-
to moderate-income households
H9. First-Time
Home Buyer
Program
Continue to implement the First-Time Home Buyer
Program to provide loans for low- to moderate-income
households and identify new sources of funding to expand the program to workforce-income households.

Lack of affordable financing
prevents many lower-income
homeowners from completing
needed accessibility improvements
and repairs
H11. Home
Improvement
Program
Continue to operate and expand the Home Improvement
Program to assist lower-income households with funding
for rehabilitation and minor improvements. Use new
funding sources and expand promotion of the program to
increase households served.

6.1 Governmental Constraints
Land use controls, site improvement requirements, fees and exactions, permit processing procedures, and various other issues may present constraints to the maintenance, development, and improvement of housing. This section discusses each of these potential governmental constraints and their impact on housing development in Sunnyvale.

Land Use Controls
The City’s General Plan, specific plans, and zoning code establish policies, standards, and guidelines for development within the city. These regulations establish the amount and di stribution of land allocated for residential development and affect the construction of new housing throughout the city. All adopted land use controls, including the General Plan, Zoning, Specific Plans and other standards or guidelines are posted on the City website in conformance with the provisions of Government Code Section 65940.1(a)(1)(B).

GENERAL PLAN
The Land Use and Transportation Element of the Sunnyvale General Plan sets forth the City’s policies for guiding local development. These policies, together with zoning regulations, establish the amount and distribution of land allocated for different uses. The General Plan provides for a mix of residential developments with densities ranging from less than seven (7) d welling units per acre up to 45 dwelling units per acre. In addition, higher density residential development is permitted within the City’s mixed-use designations, as outlined by the City’s specific plans, described below. Table 6-2 below presents the General Plan land use categories permitting residential uses, and correlates these with the associated implementing zoning categories.

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Table 6-2: General Plan Land Use Categories Permitting Residential Use General Plan
Land Use Designation
Density
(Units per Gross Acre)
Residential Use Types Corresponding
Zoning District(s)
Low Density Residential < 7 Single family R-0; R-1
Mobile Home Residential < 12 Existing mobile home parks R-MH Low-Medium Density
Residential
7-14 Single family, duplexes, smaller
multi-family uses
R-1.5; R-2; R-1.7/PD
Medium Density Residential 15-24 Townhomes, apartments R-3 High Density Residential 25-36 Apartments, condominiums, mixed-use
R-4;
Very High Density
Residential
36-45 Large-scale apartments or
condominiums
R-5; Lawrence/101 Site Specific
Plan; Lakeside Specific Plan
Transit Mixed-Use
-Downtown Specific Plan
-Lawrence Station Area Plan
Up to 65* Mix of residential uses at
various densities
DSP: Blocks 4 through 20, and
23; LSAP: MXD I, MXD II, MXD III
and MXD IV;
El Camino Real Specific Plan 24-54 Mix of residential uses at various densities; mixed-use
ECR-C; ECR-MU; ECR-O; ECR-PF;
ECR-R3; ECR-R4
Village Mixed-Use 18 (average density over
entire site)*
Mix of residential uses at
various densities
MU-V; LSP Lakeside
Specific Plan
*Specific densities and intensities determined by Specific Plan or Area Plan.

Source: City of Sunnyvale General Plan, Land Use and Transportation Element, April 2017.

ZONING
The City’s Zoning Code is adopted as Title 19 of the Sunnyvale Municipal Code and is intended to implement the General Plan and various specific plans. The Zoning Code is listed on the City’s website and is available to the public at:https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/zoning. Table 6 -3 below presents residential use types from the Zoning Code as allowed by zoning district.

Single family housing is a permitted use in the R-0, R-1, R-1.5, and R-2 districts, and requires a Special Development Permit in R-1.7/PD, and requires approval of a use permit in the R -3, R-4, R-5, and C-2 districts. Small multi-family housing developments of 50 units or fewer are permitted in the R -2, R-3, R-4, and R-5 districts; large multi-family housing developments of more than 50 units require a use permit in the same districts. Very little or no vacant land remains in these districts and the City anticipates limited new large multi -family housing developments in these districts. If a large multi-family housing development is proposed, the use permit process would include a design review (discussed in the “Processing and Permitting Procedures” section below) . If the project is within a Planned Development combining district, the design review would be included with a Special Development Permit ; no separate design review permit is required. However, almost all new multi-family housing development occurs and is anticipated to continue to occur within the City’s specific plans , which were established to incentivize redevelopment in key areas. As such, this requirement for large multi -family housing has not acted as a constraint on housing development.

The City regulates the type, location, density, and scale of residential development primarily through the Zoning Code. Zoning regulations are designed to implement the policies of the City’s General Plan and protect and promote health, safety, and general welfare of residents. The Code sets forth the City’s specific residential development standards, which are summarized in Table 6-4. A summary of the City’s residential zoning standards is also provided on the City website. The City will continue to comply with all State housing and land use laws. In the event that State laws may conflict with prohibited land uses identified in the City’s Zoning Code, State law shall supersede the Zoning Code.

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Table 6-3: Residential Use Types Allowed by Zoning District (see Specific Plans for Additional Residential Zoning Districts) Use R-0/R-1 R-1.5 R-1.7/
PD R-2 R-3 R-4 R-5 R-MH C-2 C-3 M-S/
M-3
M-S/
POA O
Single-family dwellings P P SDP P UP UP UP P1 UP N N N UP Two-family dwelling (duplex) N UP SDP P P P UP P1 UP N N N UP Multiple-family dwellings (3 to 50
units)

N N N P P P P P UP N N N UP
Multiple-family dwellings (over 50
units)

N N N UP UP UP UP UP UP N N N UP
Accessory dwelling units See Ch.

19.79 See Ch.

19.792
See Ch.

19.79 See Ch.

19.79 UP N N N UP
Single room occupancy (SRO)
facilities

N N N N N UP UP N UP UP UP UP UP
Boarding for less than 3 persons P P P P P P P P UP N N N UP Licensed Residential Care Facilities (6
or fewer persons)

P P SDP P UP UP UP P UP N N N UP
Unlicensed Residential Care Facilities
(6 or fewer persons)

UP UP UP UP UP UP UP UP UP N N N UP
Licensed Residential Care Facilities (7
or more persons)

UP UP UP UP UP UP UP UP UP UP UP UP UP
Unlicensed Residential Care Facilities
(7 or more persons)

N N N N UP UP UP UP UP N N N UP
Residential mobile home park site N N N N N N N P UP N N N UP Agricultural homes, buildings and
uses

UP UP SDP UP UP UP UP UP N N N N N
Transitional and Supportive Housing P P P P P P P P UP N N N UP Emergency Shelters N N N N N N N N N N UP P N
Notes: P = Permitted use. SDP = Special development permit required. UP = Use permit required. N = Not permitted, prohibited. 1 For use by owner and/or operator only.
2 Only as allowed by Chapter 19.79 of the Zoning Code in conjunction with an existing or proposed single-family dwelling or an existing multi-family dwelling structure.

Source: Sunnyvale Municipal Code, Title 19 Zoning. 2021.

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These development standards serve to preserve the character and integrity of existing neighborhoods and at the same time offer flexibility in providing a wide range of residential opportunities and dwelling unit types.

Lot Size
Density in single-family zones is driven by the minimum lot area requirements. The lot size requirements in single family zones typically reflect the development pattern of the surrounding subdivision . There are no vacant single- family zoned sites left in Sunnyvale. In single -family zoning districts, new residential development during the planning period is anticipated to occur through ADUs and SB 9 Urban Lot Splits and Urban Housing Developments.

These development types are not required to observe minimum lot size requirements for t he underlying zoning district, but instead have specific smaller lot size allowances consistent with State law.

Height
Height limitations are intended to allow projects to achieve the maximum allowable density, while also being responsive to community character. Building heights range from 30 feet in the single-family and duplex zones where two stories are allowed (R-0, R-1, R-1.5, R-1.7, R-2) to 35 feet in R -3 where three stories are allowed, to 55 feet in R-4 and R-5 where four stories are permitted. The height limitations are sufficient to allow the number of permitted stories and do not hinder development from achieving the maximum densities in these zones. Most new development in Sunnyvale is expected to occur with the specific plan areas, which allow for much taller buildings , as described later in this section. Specific plan areas allow more height in higher density areas.

Floor Area Ratio
The City regulates building sizes through floor area ratio (FAR) for the lower density zoning districts (R-0, R-1, and R-2), allowing 45 percent FAR (or 3,600 square feet, whichever is less) for single family homes, and 55 percent FAR for duplexes. Dwellings that exceed the FAR requirements in lower density zoning districts must be considered by the Planning Commission as a Design Review. The higher density R -3, R-4 and R-5 zoning districts do not have a n FAR requirement, allowing greater flexibility in unit sizes.

Setbacks
Second-story building setbacks require that either the entire two-story building meet the front and side setback requirement, or the building is designed in a wedding cake form with a greater front and side setback on the second floor.

Summary
Sunnyvale has two zoning districts that expressly provide for small lot single-family home developments. The R-1.5 zoning category allows lots ranging from 4,200 to 6,000 square feet in size, and the R-1.7/PD allows lots from 2,600 to 4,000 square feet in size. Both zoning districts allow a maximum FAR of up to 50 percent. By providing greater development flexibility and allowing smaller lot sizes, the City’s zoning provides for opportunities for development of lower cost single-family homes. Small lot single-family development has also been approved in the R-2/PD zoning district. Due to the limited remaining developable land in the R-3, R-4, and R-5 zoning districts, very little new multi- family d evelopment is anticipated in these areas. The City has adopted specific plans, described below, to incentivize multifamily redevelopment in key areas.

The City works closely with developers during the development review process and has not experienced any issues in meeting its development standards. The development standards listed below in Table 6-4 along with the parking requirements described later in Table 6-15 allow development to achieve the maximum residential density provided for under the City’s General Plan and Zoning Code. As such, the standards have not acted as a constraint on development.

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Table 6-4: Residential Development Standards1 (see Specific Plans Discussion for Additional Residential Zoning Districts) Residential Zones R-0 R-1 R-1.5 R-1.7/ PD R-2 R-3 R-4 R-5 Minimum Setbacks (1st story/2nd story)
Front (ft.) 20/25 20/25 20 20 20/25 20 20 20
Side (ft.) 4/7 6/9 4/7 4/7 4/7 6/9 9/20 9/20
Side total (ft.)2 20% of lot
width but not
less than 10/
add 6 to 1st
story req.
20% of lot
width but not
less than 15/
add 6 to 1st
story req.
12/18 12/18 20% of lot width
but not less
than 10/ add 6
to 1st story req.
15/21 -- --
Rear (ft.) 20 20 20 20 20 20 20 20
Max. Height (ft.) 30 30 30 30 30 35 55 55
Number of Building Stories 2 2 2 2 2 3 4 4
Lot Coverage 45% (single-
story) / 40%
(two-story)
45% (single-
story) / 40%
(two-story)
40% 40% 45% (single-
story) / 40%
(two-story)
40% 40% 40%
Max. FAR (%) 45% FAR or
3,600 sq. ft. of
gross floor
area,
whichever is
less
45% FAR or
3,600 sq. ft. of
gross floor
area,
whichever is
less
50% 50% 45 (single
family); 55 (all
other uses); or
3,600 sq. ft. of
gross floor area,
whichever is
less
None None None
Min. Lot Area for Development 6,000 8,000 4,200 2 acres 8,000 8,000 8,000 8,000 Min. Lot Area per Dwelling Unit 6,000 8,000 4,200 2,600 (4,000 max.)
3,600 1,800 1,200 950
Max. Density (du/ac) 7 7 10 14 12 24 36 45
Notes: ft. = feet; req. = requirement; min. = minimum; max. = maximum 1 Accessory dwelling units, dual urban opportunity dwelling units, and urban lot splits are subject to standards in Chapter 19.78 and 19.79 of the Sunnyvale Municipal Code. 2 Side total represents the combined total of the two side yards added together.

Source: City of Sunnyvale, Municipal Code, 2021.

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The Zoning Code also includes several combining districts to permit additional regulations in combination with basic regulations to provide for unique development of land. The following combining districts are included in the Zoning Code:
▪ Planned Development (PD) , which provides for modifications, additions, and limitations to other zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be handled satisfactorily.
▪ Office (O), which may be combined with any residential district to allow office uses with approval of a use permit.
▪ Heritage Housing (HH), which may be combined with any residential zoning district designated as a heritage resource district to preserve, protect, enhance, and perpetuate the appearance of certain historic residential neighborhoods that contribute to the cultural or aesthetic heritage of Sunnyvale. ▪ Industrial to Residential (ITR) , which may be used in conjunc tion with certain industrial, commercial, or office zoning districts to allow industrial, office, commercial, and residential uses to exist within the same zoning district, and to allow industrial, office, or commercial uses to gradually convert to residential use. ▪ Residential Single-Story (S), which may be combined with the R -0, R-1, and R-2 residential zoning districts to modify the site development regulations of the R-0, R-1, and R-2 residential zoning districts, to preserve and maintain single-family neighborhoods of predominantly single-story character. ▪ Places of Assembly (POA) , which may be combined with the M -S zoning districts to allow uses that may include sensitive populations which are otherwise not permitted in the M -S zoning district. Emergency shelters are a permitted use within the POA combining district. ▪ Mixed Use (MU), which may be combined with the R -3, R-4, and R-5 residential zoning districts to modify the site development regulations of those zoning districts to require the development of commercial/office uses on appropriately situated residential sites. Mixed use developments should only be considered if they are located adjacent (within one -half mile) to a major expressway or public transit stop (VTA Light Rail or Cal Train).

The Planned Development combining district is applied to several residential areas throughout the City (including R-2, R-3, R-4, and R -5 zoning districts). This combining district is applied to provide modifications, additions, and limitations to other zoning distr icts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be handled satisfactorily. This district is also intended to provide opportunities for creative development approaches and standards tha t will achieve superior community design, environmental preservation, and public benefit, such as, but not limited to:
▪ Facilitating development or redevelopment of a site to improve the neighborhood; ▪ Allowing a proposed use that is compatible with the neig hborhood but requires deviations from development standards for a successful project;
▪ Facilitating desirable development of properties at significant intersections; or ▪ Allowing development and creation of lots that are less than the minimum size required in the base zoning district.

Developments proposed within Planned Development combining districts are processed through a Special Development Permit, described under “Processing and Permitting Procedures” below . This permit does not result in more stringent permitting requirements or processes and does not limit or constrain any development proposal that meets the basic regulations of the underlying zoning district. Rather, the Planned Development combining Attachment 2

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district is a tool that allows applicants to request deviations from the requirements of the code without needing to request separate waivers or variances or use permits ; the findings for a variance are very stric t and require demonstration of a hardship whereas a deviation can be considered in the overall context of a development to enable flexibility in design. Consistent with the Housing Accountability Act, if the project meets adopted standards, the City cannot and does not deny the project.

SPECIFIC PLANS
The City has adopted several area and specific plans to promote unique land use districts or guide redevelopment of older industrial neighborhoods throughout the city. Most of the future housing development, as described in Chapter 5, “Sites Inventory and Funding Resources,” is anticipated to occur within specific plan areas , specifically the Downtown Specific Plan, Lawrence Station Area Plan, El Camino Real Specific Plan, Moffett Park Specific Plan , and Village Center Master Plan. Specific plans have proven to be successful tools for facilitating new infill housing development. The following provides a description of land use controls under each plan.

Downtown Specific Plan
The Downtown Specific Plan (DSP) was initially adopted in 1993 and comprehensively updated in 2003 to provide more housing opportunities. The DSP was most recently updated in September 2020. The DSP establishes a variety of land use designations to promote a pedestrian-friendly, traditional Downtown . The 2020 update focused on increasing residential and office capacity in the Commercial Core and North of Washington districts. The General Plan designates the plan area as Transit Mixed Use and the DSP contains land uses to implement the Transit Mixed Use designation.

Although each DSP land use designation identifies an approximate density range, the allowed residential density is defined by total units per block , see Table 6-6 below. The expression of residential density by number of dwelling units per block , as opposed to units per acre, is another way to express the allowable densities in the DSP area.

Each property is entitled to an allocation of the total units for the block based on a pro rata share determined by the size of the property compared to the total block size . Each properties’ share of the total block buildout is included in Appendix A.

Most of the capacity in the DSP is within the Downtown Mixed-Use and Downtown Very High Density Residential designations, because these are the areas with larger sites presenting more significant redevelopment opportunities. The Downtown also contains sever al existing low-medium density neighborhoods that have experienced and are expected to continue to experience infill housing providing a greater variety of housing types.

For example, the entire Block 12, designated low-medium density residential, was redeveloped with cottage court homes, providing two single family homes for what had previously been one single-family lot. Likewise, the Paloma Place project located in Block 13 (and discussed in more detail in on page 5 -11) was developed on the site of a former office building and achieved densities similar to a cottage court development. The Downtown Specific Plan facilitates this type of neighborhood-scale infill housing; however, identifying individual parcels where this type of infill might happen is difficult, which is why the sites inventory does not include all of the sites with infill housing potential.

The land use diagram for the DSP is shown in Figure 6-1 below. Table 6-5 shows the DSP land use designations and typical maximum densities. The City’s Zoning Code establishes the DSP district and identifies permitted uses by DSP block, as shown in Table 6-6 below. In addition, the Zoning Code establishes development standards by DSP block in Chapter 19.28 of the Zoning Code. Minimum front setbacks generally vary between 0 feet and 18 feet, with one Attachment 2

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front setback along El Camino Real in Block 20 at 30 feet. Minimum interior setbacks (side/rear) range from 0 feet to 20 feet. Total allowed density and maximum height is shown in Table 6-6.

Table 6-5: Downtown Specific Plan Land Use Categories Permitting Residential Use Land Use Designation Typical Maximum Density* Residential Use Types Low Density Residential 7 units per gross acre Single family Low-Medium Density Residential 14 units per gross acre Single family, duplexes, smaller multi-family uses
Medium Density Residential 24 units per gross acre Townhomes, apartments, condominiums High Density Residential 36 units per gross acre Apartments, condominiums, mixed-use Downtown Very High Density
Residential
58 units per gross acre Large-scale apartments or condominiums Downtown Mixed-Use Varies by block Mix of residential uses at various densities *The allowed residential density is defined by units per block indicated in Table 6-1 of the Downtown Specific Plan.

Source: City of Sunnyvale Downtown Specific Plan, 2020.

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Figure 6-1: Downtown Specific Plan Land Use Plan

Source: City of Sunnyvale, Downtown Specific Plan, September 2020.

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Table 6-6: Downtown Specific Plan Residential Use Types and Development Standards by Block DSP Block
Mixed Use, Commercial, and Office Blocks Residential Blocks 1 1a 2 3 7 13 18 20 21 22
4, 5, 14,
15, 16,
23 6
8, 9, 10,
11, 12,
17 8a 8b, 9a
Residential Use Types
Single-family dwelling1 N N N N N SDP N SDP N N P P P P P Two-family dwelling
(duplex)

N N N N N N N N N N N N P N N
Multiple-family dwellings (3
or more units)

N SDP N N SDP N SDP N N N SDP SDP SDP SDP SDP
Single room occupancy
(SRO) facilities

N SDP N N SDP N SDP N N N SDP N N N N
Facilities caring for 6 or
fewer persons

N P P P P P P P N N P P P P P
Accessory dwelling units See Ch.

19.79 See Ch.

19.79 Residential mobile home park N N N N N N N N N N N N N N N Development Standards
Residential Density (Units
per Block)2
- 407 - - 100 25 817 51 - - 908 112 230 12 20
Maximum Building Height (ft.) 100 85 36 50 50 50/30 3 75 4 40/30 85 5 85 30-50 6 40 7 30 30 30 Notes: P = Permitted use. SDP = Special development permit required. UP = Use permit required. N = Not permitted, prohibited. 1 Single-family uses on existing, legally created lots are allowed per Section 19.28.060 of the Zoning Code. 2 Dwelling units per parcel is described in Appendix A of the Downtown Specific Plan. Density bonuses on any one site do not affect the allowable density on another site. 3 50 ft. for Office and Commercial; 30 ft. for Low-Medium Density Residential 4 except 80 ft. for movie theater
5 40 ft. for High Density Residential; 50 ft. for Office and Commercial 6 for Blocks 4 and 5, 40 ft. except 30 ft. on Washington and McKinley; for Blocks 14, 15, and 16, 30 ft. on Charles and 50 ft. on Mathilda; for Block 23, 50 ft. 7 except 30 ft. on Washington and McKinley
Source: Sunnyvale Municipal Code, Title 19 Zoning, Table 19.28.070 and Table 19.28.080. 2021.

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Lawrence Station Area Plan
The Lawrence Station Area Plan (LSAP) was adopted in 2016 and amended in September 2021 to increase residential development opportunities and to slightly enlarge the boundaries. The LSAP envisions a mixed -use transit-oriented district within a one-half-mile radius of the Lawrence Caltrain Station encompassing approximately 229 acres. The area is largely developed but is anticipated to be redeveloped with residential and other transit - oriented uses to promote greater use of the station.

The plan outlines an incentive program to encourage redevelopment projects that provide community benefits such as public open space, mixed use, and additional affordable housing. In exchange for providing community benefits, the incentive program allows properties to be deve loped beyond the base maximum density. Several residential redevelopment projects have recently been approved and several more are in the planning process.

Most projects to date have utilized the incentive program as well as the State affordable housing de nsity bonus program.

Figure 6-2 below shows the land use diagram for the LSAP. Table 6-7 outlines the LSAP land use designations and corresponding zoning districts. For each designation, the table also shows the base density and total number of additional units per acre provided through the incentive program (not including State density bonus). For projects requesting a State density bonus, the bonus percentage is applied to the maximum density achieved through the LSAP incentive program and/or Green Building program. For example, if a project is proposed in the Flexible Mixed- Use I designation and the project achieves all LSAP incentive points, resulting in a maximum density of 80 units per acre, the State density bonus percentage is applied to the 80 units per acre.

Permitted uses by zoning district are described in Table 6-8 and development standards are described in Table 6-9.

As demonstrated by the many projects in the pipeline that are approved at or close to the maximum allowed density with incentives, the development standards do not preclude development from achieving the maximum allowed densities. Residential and mixed-use developments in the pipeline range from five to eight stories. The City’s SDP process allows developers to request deviations from adopted standards without having to request a variance.

All of the sites in the sites inventory (included in Chapter 5) exceed the minimum lot size requirement of 22,500 square feet and the minimum lot width requirements ranging from 100 to 200 feet. Even if the sites did not comply with the lot size requirements, they would not be a constraint on development since the Zoning Code would consider them to be legal, non-conforming and would allow them to develop with the prescribed use.

The LSAP allows up to 80 percent lot coverage in all zones. The required setbacks vary by zone and the street on which the development is fronting. In many cases there is no required setback, but sometimes th e setback is 10 feet and up to 25 feet in a couple of specific locations (e.g., adjacent to Calabazas Creek to protect the creek). The setback and lot coverage requirements do not preclude development from achieving maximum densities. Project examples are included below to demonstrate how recent developments have complied with the standards.

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Figure 6-2: Lawrence Station Area Plan Land Use Plan

Source: City of Sunnyvale, Lawrence Station Area Plan, September 2021.

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Table 6-7: Lawrence Station Area Plan Land Use and Zoning Districts Specific Plan Land Use
Designation
Corresponding
Zoning District(s)
Base Density
(Units per Gross
Acre)
Total unit per acre
incentive points
available
Maximum
Density w/ LSAP
Incentive
Program
Residential Use
Types
Flexible Mixed-Use I MXD-I 45 35 80 Allows for
horizontal or
vertical mixed use
Flexible Mixed-Use I/
Sonora Court
MXD-I/S 54 26 80 Allows for
horizontal or
vertical mixed use
Flexible Mixed-Use II MXD-II 36 32 68 Allows for
horizontal or
vertical mixed use
Flexible Mixed-Use III MXD-III 28 17 45 Allows for
horizontal or
vertical mixed use
Flexible Mixed-Use IV MXD-IV 28 17 45 Allows for
horizontal or
vertical mixed use
High Density Residential R5 Based on lot
area per SMC
Table 19.30.040
N/A Up to 45
Lawrence Station Area
Plan Industrial and
Service Zoning District
M-S/LSAP - N/A - Prohibits
residential uses.

Lawrence Station Area
Plan Industrial and
Service Zoning District 60
Percent
M-S/LSAP 60% - N/A - Prohibits
residential uses.

Lawrence Station Area
Plan Industrial and
Service Zoning District
120 percent
M-S/LSAP 120% - N/A - Prohibits
residential uses.
1 New residential development in the LSAP is required to build to at least 85 percent of the zoning district’s base maximum zoning density.
2 Additional densities may be achieved above the base maximum density or density obtained through the City’s Green Building Program and/or the LSAP Incentives Program by providing affordable housing consistent with State Density Bonus Law. Additional densities above the base maximum density are calculated in the following order: apply the density bonus percentage through the City’s Green Building Program, add the incentive points gained through the LSAP Development Incentives Program, then apply the State Density Bonus percentage achieved by the project. R-5 properties are not eligible for additional densities in the LSAP Incentives Program.

Source: City of Sunnyvale, Lawrence Station Area Plan, September 2021.

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Table 6-8: Residential Use Types allowed within the LSAP District Use
MXD-I
and MXD-
I/S
MXD-II

MXD-III
and MXD-
IV
R-5 M-S/LSAP

M-S/LSAP
60% and
120%
Single-family dwelling N N N N N N
Two-family dwelling (duplex) N N N N N N
Multiple-family dwellings (3 or more units)1 P P P P N N Mobile home park N N N N N N
Single room occupancy (SRO) facilities SDP SDP SDP SDP N N Live/work unit SDP SDP SDP SDP N N
Facilities caring for 6 or fewer persons P P P P N N
Accessory dwelling units See Ch.

19.79 See Ch.

19.79 N N
Emergency shelter N N N N SDP SDP
Notes: P = Permitted use. SDP = Special development permit required. N = Not permitted, prohibited. 1 Major changes to the exterior of a building for either approved or permitted uses, new construction, site improvements, or additions to an existing building (other than a single-family home) shall require a special development permit as set forth in Section 19.90.020 of the Sunnyvale Municipal Code.

Source: Sunnyvale Municipal Code, Title 19 Zoning. 2021.

Table 6-9: Residential Development Standards within the LSAP District Use MXD-I MXD-I/S MXD-II MXD-III MXD-IV R-5 M-S/
LSAP

M-S/LSAP
60% and
120%
Maximum Height (ft.) 100 100 100 55 55 55 85 85
Parcel Size
Minimum Lot Size (sq. ft.) 22,500 22,500 22,500 22,500 22,500 20,000 22,500 22,500 Minimum Lot Width (ft.) 200 200 200 200 100 135 100 100 Lot Coverage
Maximum lot coverage 80% 80% 80% 80% 80% 80% 80% 80%
Minimum Front Yard Setbacks (ft.)
Kifer Road 15 N/A 15 N/A N/A N/A 15 15
Sonora Court N/A 25 15 N/A N/A N/A N/A N/A
San Zeno Way 15 15 N/A N/A N/A N/A N/A N/A
Aster Avenue N/A N/A N/A 15 N/A N/A N/A N/A
Willow Avenue N/A N/A N/A 10 10 15 N/A N/A
Reed Avenue N/A N/A N/A N/A 15 N/A N/A N/A
Loop Road 10 10 10 N/A N/A N/A 10 N/A
Internal Streets 10 10 10 10 10 10 10 10
Primary or secondary
shared-use paths
10 10 10 N/A 10 10 10 10
Calabazas Creek 25 N/A 25 N/A N/A N/A N/A N/A
Lawrence Station Road 15 N/A N/A N/A N/A N/A 15 N/A
Lawrence Expressway 15 15 N/A N/A 15 N/A 15 N/A
Uranium Drive N/A N/A 15 N/A N/A N/A N/A N/A
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Use MXD-I MXD-I/S MXD-II MXD-III MXD-IV R-5 M-S/
LSAP

M-S/LSAP
60% and
120%
Side Yard Setback
Minimum (ft.) 10 10 10 10 None 10 10 10
Minimum adjacent to
residential uses (ft.)
20 10 20 20 None 10 20 20
Rear Yard Setback
Minimum (ft.) 10 10 10 10 None 10 None 10
Setback between Main Buildings on the same lot
Minimum distance at
ground level, regardless of
stories (ft.)
20 10 20 20 20 20 20 20
1 Dependent on location of existing redwood trees
2 Subject to streamside development review criteria pursuant to Chapter 19.81. 3 Per LSAP Guideline SP-UDG3, retail uses may have a primary building façade at the street right-of-way/property line (zero foot setback), with up to a ten foot maximum setback from the property line.

Source: Sunnyvale Municipal Code, Title 19 Zoning. 2021.

Tables 6-10 and 6-11 below illustrate how two recent projects complied with the standards in the LSAP. The first example (1120 Kifer Road) was approved under the 2016 LSAP Plan, which differed slightly from the 2021 updated Plan. Footnotes to the table explain the differences betwe en the two plans. The proj ect was a mixed use development with 520 multifamily units and ground floor retail built at 65 units per acre in the MXD-1 zone where the base maximum density was 45 units/acre and the maximum with incentives was 68 units/acre und er the 2016 LSAP. The project complied with all standards in the plan. It met or exceeded the setback standards, provided nearly four times the required usa ble open space and close to double the required landscaped area , was well under the 80 percent lot coverage maximum, and greatly exceeded the residential and retail parking minimums. This example demonstrates that a project built at the maximum allowed density can comply with the LSAP development standards.

Rendering of Example Project #1: approved five-story, 520-unit development at 1120 Kifer Road.

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Table 6-10: Example Project #1 in LSAP Area
Address: 1120 Kifer Road
Zoning Designation: Flexible Mixed Use I (MXD-I)
Project Description: Demolition of a partially occupied office/R&D building and construction of a new mixed-use development in the Lawrence Station Area Plan. The project includes two five-story buildings with 520 multi-family units and approximately 7,400 square feet of ground floor retail. As part of the LSAP Incentives program, the project qualifies for increased residential density by providing a publicly accessible road and park in the middle of the site.

Development Standard Required Prototype
Minimum Lot Size 22,500 sf 348,066 sf
Minimum Lot Width 200’ 600’
Minimum Front Yard Setback (Kifer Road) 15’ 15’
Minimum Side Yard Setback
(not adjacent to residential uses)
10’ 30’-3” (Eastern side)
15’-10” (Western side)
Minimum Rear Yard Setback 10’ 31’-11”
Minimum Loop Road Setback 10’ 10’-11” (Closest point)
Maximum Height* 85’ 65’
Usable Open Space
50 sf per unit
26,000 sf 100,880 sf
Landscaped Area
20% of lot area
69,614 sf 116,000 sf

Maximum Lot Coverage 80%
(278,453 sq. ft.)
66%
(231,679 sq. ft.)
Residential Parking Minimum
1 per 1BR Unit x 326 Units

1.25 per 2BR Unit x 194 Units
569 spaces 766 spaces

Retail Parking Minimum
2 per 1,000 sf x 7,400 sf retail
15 spaces 30 spaces
Short-term (Class II) Bicycle Parking Requirement
1 space per 15 units
1 space per 6,000 retail sf
37 spaces 38 spaces
Long-term Bicycle (Class I) Parking Requirement
1 space per 4 units
1 space per 30 employees
131 spaces 131 spaces
Base Maximum Density (du/acre) 45 du/acre

65 du/acre
+ LSAP Incentive Points
Maximum Density with Incentives (du/ac) 68 du/acre**
Maximum Units
(Base Max Density x 7.99 acres)
359 units

520 units
Notes: *Maximum height was increased from 85 feet in the 2016 LSAP to 100 feet in the 2021 LSAP. **The maximum density with incentives was increased from 68 du/acre to 80 du/acre in the 2021 LSAP.

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Rendering of Example Project #2: 225-unit mixed-income development at 1150-1170 Kifer Road.

The second example (1150-1170 Kifer Road) was a 225-unit mixed-income project that used State density bonus to request waivers for certain standards, specifically related to lot width and stepback s. The pro ject also used the allowable parking reductions under Sstate density bonus law. Even though the project used density bonus to greatly exceed the maximum allowed densities, the project still complied with the lot coverage, height, open space, and landscaping standards, and only deviated slightly from the lot width, setback, and stepback standards. This is a good example of how State density bonus can be used to support projects at much higher densities than what would otherwise be allowed. It also demonstrat es that the LSAP development standards are not a constraint to housing development.

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Table 6-11: Example Project #2 in LSAP Area
Address: 1150-1170 Kifer Road
Zoning Designation: Flexible Mixed Use I (MXD-I)
Project Description: Redevelopment of an existing parking lot for adjacent office building to create an 8-story apartment building containing 225 housing units. The development applies the State Density Bonus by reserving 24% (36 units) of the base units as affordable for lower-income households.

Development Standard Required Prototype
Minimum Lot Size 22,500 sf 87,156 sf
Minimum Lot Width 200’ 188’
*State Density Bonus Waiver
Maximum Lot Coverage 80% 65%
Minimum Front Yard Setback
(San Zeno Way)
15’ 15’
Minimum Side Yard Setback
(not adjacent to residential uses)
10’ 10’ on north side
<10’ on south side due to 22’
shared use path
*State Density Bonus Waiver
Minimum Rear Yard Setback 10’ 10’
Maximum Height 100’ 92’-2”
Stepback (above 50’) 30’ 28’ (Stories 5-7)
32’ (Story 8)
*State Density Bonus Waiver
Usable Open Space
50 sf per unit
11,200 sf 19,335 sf
Landscaped Area
20% of lot area
17,431 sf 35,312 sf
*Qualifies for LSAP Incentive for
35% Landscaped Area
Residential Parking Minimum
1 per Studio and 1BR Unit x 155 Units

1.25 per 2BR Unit x 62 Units

1.7 per 3BR Unit x 8 Units
247 spaces 113 spaces
*State Density Bonus Waiver
Office Parking Requirement
(for adjacent 104,498 sf office)

2.75 per 1,000 sf
287 spaces 301 spaces
Short-term Bicycle Parking Requirement
1 space per 15 units
15 spaces 22 spaces
Long-term Bicycle Parking Requirement
1 spaces per 4 units
57 spaces 357 spaces
Base Maximum Density (du/acre)

45 du/acre

112.5 du/acre
Proposed LSAP Incentives: 30
points Maximum Density with Incentives (du/acre) 80 du/acre Maximum Units
(Max Density w/ Incentives x 2 acres)
150 units

225 units
*State Density Bonus
El Camino Real Specific Plan
The El Camino Real Specific Plan (ECRSP) was adopted by City Council on June 28, 2022, and replaces the 2007 Precise Plan for El Camino Real . The ECRSP designates the El Camino Real corridor largely as mixed use “nodes” connected by commercial “segments.” Nodes are planned as high-density mixed-use, pedestrian-oriented, transit Attachment 2

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supported neighborhoods. Segments are planned to remain primarily commercial with some opportunity for residential mixed-use development. The proposed land use plan for the ECRSP is shown in Figure 6 -3. The plan is estimated to accommodate 6,900 net new housing units over the next 20 to 30 years (i.e., through 2050).

Similar to the LSAP, the ECR SP provides an incentive program (ECRSP Community Benefits Program) to encourage redevelopment projects that provide community benefits such as sustainability and transportation provisions, additional retail space , and additional affordable housing (very low income units) . In exchange for providing community benefits, the incentive program allows properties to be developed beyond the base maximum density.

Table 6-10 12 outlines the ECRSP land use designations and corresponding zoning districts. For each designation, the table also shows the base density and total number of additional units per acre provided through the incentive program (not including the City’s Green Building Program or applicable State density bonuses). Like the LSAP, for projects requesting a State density bonus, the bonus percentage is applied to the maximum density achieved through the ECRSP Community Benefits Program and/or Green Building program.

Permitted uses by zoning district are described in Table 6-1113.

Table 6-1012: El Camino Real Specific Plan Land Use and Zoning Districts ECRSP Land Use Type
Corresponding
Zoning
District(s)
Base
Density
(Units per
Gross Acre)
Total unit per
acre incentive
points
available
Maximum
Density w/
ECR Incentive
Program
Residential Use Types
El Camino Real Mixed-
Use
ECR-MU24 24 6 30 Higher-density residential
uses. Requires ground-
floor commercial use on El
Camino Real.

ECR-MU28 28 10 38
ECR-MU33 33 12 45
ECR-MU42 42 14 56
ECR-MU54 54 20 74
El Camino Real
Medium Density
Residential
ECR-R3 15-24 N/A - Townhomes, apartments,
and condominiums.

El Camino Real High
Density Residential
ECR-R4 25-36 N/A - Higher density residential
and mixed-use
development.

El Camino Real
Corridor Commercial
ECR-C - - - Prohibits residential uses,
except as allowed under
AB 2011 and SB 6.

El Camino Real Office ECR-O - - - Prohibits residential uses, except as allowed under
AB 2011 and SB 6.

El Camino Real Public
Facilities
ECR-PF - - - Prohibits residential uses,
except as allowed under
AB 2011 and SB 6.
1 New residential development in the El Camino Real Specific Plan is required to build to at least 85 percent of the zoning district base maximum density.
2 Additional densities may be achieved above the base maximum density or density obtained through the City’s Green Building Program and/or the El Camino Real Specific Plan Community Benefits/Incentives Program by providing affordable housing consistent with State Density Bonus Law. Additional densities above the base maximum density are calculated in the following order: 1) apply the density bonus percentage through the City’s Green Building Program; 2) add the incentive points gained through the El Camino Real Specific Plan Community Benefits/Incentives Program; 3) apply the State Density Bonus percentage achieved by the project.

Source: City of Sunnyvale, El Camino Real Specific Plan, 2022.

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Table 6-1113: Residential Use Types allowed within the El Camino Real Specific Plan Zoning Districts Use ECR-C ECR-MU ECR-O ECR-PF ECR-R3 ECR-R4
Single -family dwelling N N N N UP UP
Two-family dwelling N N N N P P
Multiple-family dwelling & accessory building and uses N SDP1 N N P3 P3 Mobile home park N N N N N N
Single room occupancy (SRO) facilities N SDP2 N N N UP
Residential care facility, 6 or fewer N SDP N N UP UP
Emergency shelter N N N N N N
Notes: P = Permitted use. SDP = Special development permit required. UP = Use permit required. N = Not permitted, prohibited. 1 Residential-only developments are not permitted. Multiple-family dwelling uses are only permitted in a mixed-use development (as a new residential component over an existing commercial site that already meets development regulations). 2 Only permitted in ECR-MU33, 42, and 54.
3 A use permit is required for multiple-family dwellings of more than 50 units.

Source: Sunnyvale Municipal Code, Title 19 Zoning, Chapter 19.36, 2022.

Currently the ECRSP area is a primarily commercial corridor. The ECRSP establishes a framework for th e area to transition to a more mixed-use with residential neighborhood while still maintaining community-serving businesses.

The ECRSP requires residential mixed-use developments to provide a commercial/retail component, either on the ground floor of a vertical mixed-use development or in a standalone commercial building as part of a horizontal mixed-use development. Existing retail FARs in the plan area average approximately 25 percent , whereas future commercial FARs will r ange from 10 percent to 20 percent and are based on property size and frontage. As the ECRSP area transitions from a commercial corridor to a mixed-use with residential neighborhood, the commercial requirement is intended to enable community-serving retail and commercial establishments to remain centrally located and adjacent to residential uses. Redevelopment of the ECRSP may result in a reduction of overall retail in the ECRSP, but the commercial requirement ensures that retail and commercial services are adequate to meet the growing population’s needs. The minimum ground floor commercial requirement is dependent on lot size, as shown in Table 6-12 14 below. Chapter 19.36 of the Sunnyvale Municipal Code identifies which use types are considered “active uses” , including retail sales businesses, restaurant and fast -food restaurants, personal service business, childcare center, recreational and athletic facilities, place of assembly, office, medical office, and animal hospital, clinic, and boarding.

Table 6-1214: El Camino Real Minimum Ground Floor Commercial Requirements for Mixed-Use Development Lot Size Minimum Required Commercial Area, whichever is greater 1, 2 50,000 sq. ft. or less 7,000 sq. ft.
50,001-100,000 sq. ft. 10,000 sq. ft.
75% of El Camino Real frontage length
x 50
100,001-150,000 sq. ft. 20,000 sq. ft.
150,001-200,000 sq. ft. 30,000 sq. ft.
200,001-300,000 sq. ft. 40,000 sq. ft.
300,001-400,000 sq. ft. 50,000 sq. ft.
400,000 sq. ft. or more 60,000 sq. ft.
1 If the floor area values/calculations presented above yield a value that is over 20 percent of the lot size, a commercial area capped at 20% of the lot size shall also be permitted.
2 If a property has no frontage along El Camino Real, a commercial area capped at 10 percent of the lot size, or 75% of Major Commercial frontage length x 50 if the property is 400 feet or more from El Camino Real, shall also be permitted.

Source: Sunnyvale Municipal Code, Title 19 Zoning, Chapter 19.36, 2022.

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The ECRSP establishes minimum lot sizes for the various nodes and segments, as shown in Table 6-1315, and identifies development standards for mixed-use developments, shown in Table 6-1416. Development in the ECR- R3 and ECR-R4 zoning districts are subject to the R-3 and R-4 zoning district standards shown in Table 6-4 above.

Table 6-1315: Minimum Lot Size
Node or Segment Minimum Lot Size
Bernardo Gateway Node 0.85 acre
West Segment N/A1
Civic Center Node 1.5 acres
Orchard District Node 0.7 acre
Center Segment 0.5 acre
Three Points Neighborhood Node 0.85 acre
East Segment 0.7 acre
1 1 Residential mixed-use developments are not permitted in the West Segment Source: Sunnyvale Municipal Code, Title 19 Zoning, Chapter 19.36, 2022.

Table 6-17 shows a recent example of a project proposed within the ECR Specific Plan area. The project at 1124 West El Camino Real involves the redevelopment of an occupied car dealership to create a mixed use development with 116 units. The project will redevelop the existing ground floor commercial frontage along El Camino Real and add five stories of residential apartments with five single family homes along the rear. The project is proposed at the maximum density of 33 units per acre, satisfies the ground floor commercial area requirement, meets or exceeds all setback requirements, is below the maximum height, exceeds the required parking, and greatly exceeds the useable open space and landscaping requi rements. This demonstrates that the development standards in the ECRSP do not preclude projects from achieving maximum densities.

Rendering of example project #2: housing proposed above a car dealership at 1124 West El Camino Real

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Table 6-1416: Residential Development Standards within the El Camino Real Specific Plan Zoning Districts Standard Node Segment
Setback Requirements
Through/Furniture Zone Width (New Right-of-Way)1 El Camino Real Frontages: 13 feet All Other Frontages: 11 feet
Frontage Zone Setback (Build-to-Line)2 15 feet
Minimum Percentage of Building Frontage at Build-to-Line 80% 60% Minimum Side/Rear Yard Setback (From Lot Line Shared with Another Plan Area Property)
0 feet
Minimum Side/Rear Yard Setback (From Lot Line Shared with a Non-Plan Area Property)
10 feet
Height and Stepback Requirements
Maximum Building Height 75 feet3 55 feet3
Maximum Building Height (if first floor retail space has a minimum 25-foot ground floor plate height)
85 feet3 65 feet3
Stepback Applied to 5th story and
above
Applied to 4th story and
above
Stepback (if first floor retail space has a minimum 25-foot ground floor plate height)
Applied to top 2 stories Applied to top 1 story
Minimum Stepback from Build-to Line 10 feet from face of building, for at least 60
percent of the building
frontage length
5 feet from face of
building, for at least 60
percent of the building
frontage length
Ground Floor Requirements
Minimum Ground Floor Active Use Area4 Multiply length (linear feet) of ground floor building frontage at build-to line by 20 feet
Maximum Ground Floor Finish Level above Sidewalk 6 inches (commercial) 3 feet (residential)
Minimum Ground Floor Interior Height (Commercial) 18 feet 16 feet Minimum Ground Floor (Ground Floor Residential) 10 feet Daylight Plane Requirements
Minimum Daylight Plane Angle (From Lot Line Shared with a Non- Plan Area Property)
45 degrees
Minimum Daylight Plane Angle (From Lot Line Shared with a Non- Plan Area Property in a Non-Residential Zoning District) 60 degrees
1 The new right-of-way is measured from the face of curb. See Chapter 6 of the El Camino Real Specific Plan for the pedestrian realm cross-section details.
2 The frontage zone setback/build-to line is measured from the new right-of-way line. For property frontages along El Camino Real, the front setback area shall allow for a pedestrian realm easement as identified in Chapter 6 of the El Camino Real Specific Plan. 3 Subject to daylight plane requirements.
4 Subject to requirements outlined in Sunnyvale Municipal Coode Section 19.36.120.

Source: Sunnyvale Municipal Code, Title 19 Zoning, Chapter 19.36, 2022.

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Table 6-17: Example Project #21 in El Camino Real Specific Plan Area Address: 1124 W El Camino Real
Zoning Designation: ECR-MU33
Project Description: Redevelopment of an occupied, 3.56-acre car dealership to create a mixed use development with 116 units (111 multifamily and 5 single family) in the Bernardo Gateway Node of the El Camino Real Specific Plan. Project will redevelop the existing commercial use with frontage on El Camino Real while adding new residential units.

Development Standard Required Prototype
Minimum Lot Size – Bernardo Gateway Node 0.85 acres 3.56 acres Minimum Through/Furniture Zone Width
(El Camino Real)
13’ 13’
Minimum Through/Furniture Zone Width (Connector
Street)
11’ 11’
Minimum Frontage Zone Setbacks
(El Camino Real and Connector Street)
15’ 15’
Minimum Side Setback
(Shared with ECRSP Property)
0’ 4’-6”
Minimum Rear Setback
(Shared with non-ECRSP Property)
10’ 20’-4”
Maximum Height
(Node with 25’ Ground Floor Retail Height)
85’ 82’-10”
Usable Open Space (ECR-MU33)
200 sf per multifamily unit (111 units)
22,200 sf 37,731 sf
Landscaped Area
20% of lot area
31,014 sf 56,086 sf
Ground Floor Commercial Area
Lot Size = 150,001 sf – 200,000 sf
30,000 sf 30,271 sf
Residential Parking Minimum

1.25 per 2BR unit x 10 Units

1.7 per 3BR unit x 80 Units

1.7 per 4BR unit x 21 Units
2 per Single Family Home x 5 Units
207 spaces 244 spaces
Commercial Parking Requirement
4 per 1,000 sf of commercial area
2 for leasing office
123 spaces 125 spaces
Short-term Bicycle Parking Requirement
1 space per 15 multifamily units
1 space per 4,000 sf
15 spaces 18 spaces
Long-term Bicycle Parking Requirement
2 spaces per 3 multifamily units
1 space per 10,000 sf
77 spaces 105 spaces
Maximum Density 33 du/acre 32.58 du/acre
Maximum Units
33 du/acre x 3.56 acreage
117 units 116 units
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Moffett Park Specific Plan
The Moffett Park Specific Plan encompasses 1,156 acres located in northern most portion of the city. The plan was originally adopted in 2004, and several smaller map updates have been made since. There was also a text amendment in 2013. The MPSP is currently undergoing a comprehensive update. The adoptedprevious plan focuseds on incentivizing office development, industrial uses, and other non-residential development. However, the comprehensive plan update proposes facilitates residential uses within the plan area to address the City’s housing needs and promote a walkable and bikeable environment. The plan update is anticipated for adoptionwas adopted in July 2023. The proposed draft land use plan for the updated Moffett Park Specific Plan, as of May 2023, is shown in Figure 6-4. As the updated Moffett Park Specific Plan has not yet been adopted, this map is subject to change and does not reflect the final map.

Village Center Master Plans
The General Plan Land Use and Transportation Element identified seven locations throughout the city as Village Centers and designated them as Village Mixed Use. The Village Mixed Use designation intends to transform older shopping centers and office areas into medium density, mixed -use developments . The designation focuses on mixed-use requiring 10 to 25 percent commercial or office component , allows buildings up to four stories , and permits an average residential density of up to 18 units per acre for the entire Village Center site . Residential development may be clustered which could result in a higher effective density. The Land Use and Transportation Element directs the preparation of a plan to further outline the specific development standards applicable to each center. As part of the Village Center Master Plan process , Program H3 of this Housing Element , and in Action LT -

4.2b of the Land Use and Transportation Element, the City will create a new mixed-use Village Center zoning designation to ensure cons istency with the General Plan land use designation. The planning effort is currently underway.

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Figure 6-3: El Camino Real Specific Plan Zoning

Source: City of Sunnyvale, June 2022.

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Figure 6-4: Proposed Moffett Park Specific Plan Land Use Plan, July 2023 (DRAFT as of June 2022)

Source: City of Sunnyvale, May July 2023.

Additional Area Plans
Additional planning documents have been adopted to guide development in the city. However, these plan areas are either built out, fully entitled and under construction, or do not provide significant additional residential development opportunity. The following provides a brief description of these planning documents. ▪ Peery Park Specific Plan. The Peery Park Specific Plan was adopted in September 2016 and encompasses 446 net acres in the western portion of the city. The plan envisions P eery Park to be a cutting - edge workplace district and focuses primarily on non -residential development. Some residential is permitted in the Neighborhood Transition district of the plan area. Residential development must meet the processes, procedures, and development standards pertaining to the Medium Density Residential (R-3) zoning district, with the following exceptions:
▪ Residential densities of 16-21 dwelling units per acre are permitted on specified sites. ▪ Height is limited to two stories and 30 feet , as outlined in Section 2.2.2.C.1.a, Special Building Height Limits, of the plan development code.

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▪ The residential portion of the plan area is largely built out and no sites were selected for additional housing development opportunities. The City Council authorized the study of two additional sites for housing at the time of plan adoption; no applications have been submitted for these sites. ▪ East Sunnyvale Sense of Place Plan. A streetscape and circulation improvement plan to support the transition of industrial to residential uses between East Duane Avenue, Lawrence Expressway, Stewart Drive, and North Wolfe Road. This area has been redesignated for residential uses in the Gen eral Plan and has primarily been redeveloped to residential uses. The AMD residential project is currently under construction and completes the transition.
▪ Lakeside Specific Plan. The Lakeside Specific Plan, updated in 2016, is specific to an 8.8-acre project site at 1250 Lakeside Drive. The plan identifies project specific development standards to allow a 263-room hotel along with 250 apartment units. Because this plan is specific to a project that has been entitled and the residential units have been com pleted, no further housing capacity is anticipated within this specific plan and no further discussion of potential housing constraints is appropriate. ▪ Lawrence/101 Specific Plan. The Lawrence/101 Specific Plan encompasses the area southeast of the Lawrence Expressway and Highway 101 interchange, north of Oakmead Parkway, and west of Lakeside Drive. The area has been built out with 709 apartment units and no further development is anticipated. ▪ Tasman Crossing. This area is located near Tasman Drive and Fair Oaks Avenue. The General Plan designates this area for Medium Density Residential, High Density Residential, and Village Mixed -Use. Several development projects have essentially transformed this area from industrial to residential uses, including the approved 135 -unit townhome project at 1139 Karlstad Drive and the 18 -unit condominium project currently under construction at 1111 Karlstad Drive. Limited redevelopment opportunities remain. The area was expanded to allow redevelopment of three industrial pr operties to residential in 2016 (those developments are completed with 670 residential units). ▪ Arques Campus Specific Plan. The Arques Campus Specific Plan was adopted in 1999 to permit an industrial campus development. The area is designated industrial an d is built out. A new specific plan, the Central Arques Specific Plan, is in the early stages of development and will replace the 1999 Arques Campus Specific Plan. The new specific plan will be reserved for office, research and development, and industrial uses.

Residential uses will remain prohibited.

CONCLUSION
The City’s land use controls provide for a balance of non -residential and residential uses at varying density and intensity to meet the needs of Sunnyvale residents. There is limited land located outside of the specific plan areas that is suitable for large multifamily developments. The inventory identifies approximately 11 acres of land suitable for redevelopment with capacity for 338 units, the majority of which are within the Planned Development combining district. Therefore, the use permit requirement for large multifamily develop ments outside of specific or area plans is not considered a major constraint on development . The City’s specific plans provide additional specificity of standards and guidance in key areas of the city to increase certainty for developers and encourage redevelopment. The incentive programs provided by the LSAP and ECRSP further incentivize redevelopment and conversion of non-residential uses to residential uses. Developers have expressed that the LSAP incentive program has been beneficial, and many have used the LSAP incentive program to increase residential density in the plan area. The City anticipates a similar outcome for the ECRSP. A special development permit is required for multifamily developments in specific and area plans. As described under “Processing and Permitting Procedures” below, this permit includes a design review to ensure the development is consistent with the City’s development standards.

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Although essential to creating a sense of place and pedestrian oriented environment, the requirement for an active ground floor in the mixed use designation of the ECRSP may constrain affordable housing developments dependent on California Tax Credit Allocation Committee or other grant funding. As such, the Housing Element includes a program to develop a program to address the commercial requirement to facilitate 100 percent affordable housing developments in the ECRSP.

Parking Requirements
The Zoning Code outlines citywide parking requirements for residential development as well as specific parking requirements applicable to residential and mixed-use development within the Downtown Specific Plan, El Camino Real Specific Plan, and Lawrence Station Area Plan.

CITYWIDE PARKING REQUIREMENTS
Sunnyvale’s citywide residential parking requirements vary by housing type, and by number of bedrooms for multi- family units. Single family dwellings are required to provide a minimum of four spaces total, two of which must be covered and not in tandem. Uncovered parking spaces on a driveway count as two of the four spaces required. New developments of single -family or two -family dwellings with limited street parking must provide an additional 0.4 unassigned parking spaces pe r unit in addition to the minimum spaces required. Parking spaces on driveways do not qualify as required unassigned parking.

Multi-family developments, such as townhomes, condominiums, and apartments, are required to provide at least one covered assigned space per unit. Additional unassigned spaces are also required because multi -family developments typically do not have private driveways for additional parking or public street frontage. The number of unassigned parking spaces required is different based on the type of covered assigned space provided, as shown in Table 6-1815.

The Zoning Code also outlines parking requirements for single room occupancy facilities (SROs) and other special housing developments. Parking requirements for SROs are based on unit size. SROs with units of less than 200 square feet are required to provide 0.25 space per unit. SROs with units of 200 -– 250 square feet are required to provide 0.5 space per unit. SROs with units greater than 250 square feet are required to provide 1 space per unit.

Mobile home parks are required to provide two spaces per unit plus one space per employee living off-site and one additional space per special purpose vehicle. Tandem parking is permitted.

Table 6-1815: Parking Requirements for Multi-family Dwellings Type of Covered Assigned
Space Provided Number of Bedrooms Number of Parking Spaces Required One parking space per unit in
carport or parking structure
One-bedroom units 0.5 unassigned spaces per unit
2-bedroom units 1 unassigned space per unit
3-bedroom units 1 unassigned space per unit
4-bedroom units or more Use the 3-bedroom requirement and add 0.15 unassigned spaces for each bedroom above the third bedroom
One parking space per unit
in fully-enclosed garage
One-bedroom units 0.8 unassigned spaces per unit
2-bedroom units 1.33 unassigned space per unit
3-bedroom units 1.4 unassigned space per unit
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Type of Covered Assigned
Space Provided Number of Bedrooms Number of Parking Spaces Required 4-bedroom units or more Use the 3-bedroom requirement and add 0.15 unassigned spaces for each bedroom above the third bedroom
Two parking spaces per unit
One-bedroom units 0.25 unassigned spaces per unit
2-bedroom units 0.4 unassigned space per unit
3-bedroom units 0.5 unassigned space per unit
4-bedroom units or more Use the 3-bedroom requirement and add 0.15 unassigned spaces for each bedroom above the third bedroom
Source: Sunnyvale Municipal Code, Title 19.

Parking requirements for affordable housing, senior citizen housing, SROs, and housing for persons with disabilities are reduced to accommodate special housing developments. Table 6-1916 shows parking requirements for special housing developments. Further reductions to parking requirements may be granted if the approving body finds that the applicant’s proposed parking standard is adequate through a combination of any of the following considerations: location or proximity to transportation, variety or forms of transportation available, accessibility, services and programs offered, or population served by the proposed housing development. These parking standards differ from th ose allowed under St ate density bonus ordinance (Government Code Section 65915) .

Developers of affordable and senior housing projects that qualify for a State density bonus may request reduced parking standards, as shown later in Table 6-22 below.

Table 6-1916: Parking for Special Housing Developments
Type of Housing Type of Unit Required Parking Spaces
Affordable to Lower Income
Households
One-bedroom 1 space per unit
2 or 3 bedrooms 2 spaces per unit
4 or more bedrooms 2.15 spaces per units
Unit of any size for senior citizens or
persons with disabilities

0.6 spaces per unit
Standard housing (not restricted
affordable units)
Unit of any size for senior citizens or
persons with disabilities
1 space per unit
Assisted Living Unit of any size 0.25 spaces per resident Single Room Occupancy (SRO)
Facilities
Unit size less than 200 square feet 0.25 spaces per unit Unit size 200 to 250 square feet 0.5 spaces per unit
Unit size greater than 250 square feet 1 space per unit Source: Sunnyvale Municipal Code, Title 19.

For mixed use developments including both non-residential and residential uses, outside of specific or area plans, the Director or approving body may determine parking ratios based on accepted guidelines such as the Institution of Transportation Engineers (ITE) or Urban Land Institute ( ULI). In addition, parking management plans and bicycle parking are required for mixed use development. Shared parking has been considered in mixed-use proposals where uses have different peak parking demands. The City’s Mixed-Use Toolkit, adopted in 2015, includes potential strategies for reducing car dependence and parking demands in mixed use developments. Strategies include shared parking, unbundled parking, car and bike sharing, subsidized transit passes and shuttles to transit, and bicycle parking.

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DOWNTOWN SPECIFIC PLAN PARKING REQUIREMENTS
Table 6-2017 outlines the parking requirements for residential uses within the Downtown Specific Plan District.

Tandem parking is permitted for multi-family dwellings in the Downtown Specific Plan District. In addition, up to 10 percent of the total number of unassigne d parking spaces may be compact in parking lots of 10 or more spaces.

The parking requirement of 1.5 spaces per studio apartment unit was identified by HCD as a potential constraint.

However, it should be noted that i n 2022, AB 20 97 was passed by the Legis lature, which eliminates parking minimums within one-half mile from a major transit stop for most developments. The Housing Element includes a program to modify parking requirements to comply with AB 2097 (i.e., Government Code Section 65863.2).

Table 6-2017: Parking Requirements within the Downtown Specific Plan District Land Use Minimum Number of Parking Spaces Required
Single-Family Residential 1 assigned and covered per unit + 1 uncovered per unit Multiple-Family Residential Studio or 1 Bedroom 1 assigned and covered per unit + 0.5 uncovered per unit Multiple-Family Residential 2-Bedroom 1 assigned and covered per unit + 0.7 uncovered per unit Multiple-Family Residential 3-Bedroom and larger 1 assigned and covered per unit + 1 uncovered per unit Retail (mixed use) 2 per 1,000 square feet
Source: City of Sunnyvale Municipal Code, Title 19. 2021.

In addition, the parking requirements for sen ior and affordable housing described in Table 6 -1916 above are applicable in the Downtown Specific Plan area.

LAWRENCE STATION AREA PLAN PARKING REQUIREMENTS
Table 6-2118 outlines the parking requirements for residential uses within the Lawrence Station Plan Area. Parking locations, types, and criteria for parking reductions will be determined as part of the project review on a case -by- case basis. It should be noted that implementation of AB 2097, as described abov e, will result in the removal of parking minimums in many cases within the LSAP area.

Table 6-2118: Parking Requirements within the Lawrence Station Area Plan Residential Unit Type
Number of Parking Spaces Required
Minimum (per unit) Maximum (per unit)
Studio and one-bedroom 1 1.5
Two bedrooms 1.25 2
Three or more bedrooms 1.7 2
Senior housing Multiply bedroom requirement by 0.5
Affordable housing (deed restriction) Multiply bedroom requirement by 0.5 Source: City of Sunnyvale Municipal Code, Title 19, 2021.

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EL CAMINO REAL SPECIFIC PLAN PARKING REQUIREMENTS
Table 6-2219 outlines the parking requirements for residential uses in the ECRSP area. Parking management plans are required to provide information on peak hour use, vehicular circulation, needs of specific users, etc. Shared parking is allowed for differing uses on t he same property and is encouraged for trip reduction programs. Parking locations, types, and criteria for parking reductions will be determined as part of the project review on a case -by- case basis. Special housing developments are subject to the parking requirements listed in Table 6-1916.

Table 6-2219: Parking Requirements within the El Camino Real Specific Plan Residential Unit Type
Node Segment
Minimum (per unit) Maximum (per
unit) Minimum (per unit) Maximum (per
unit)
Studio and one-bedroom 1 1.5 1 1.5
Two bedrooms 1.25 2 1.5 2.25
Three or more bedrooms 1.7 2 2 2.25
Source: City of Sunnyvale Municipal Code, Title 19, Chapter 19.36, 2022.

In addition, new development within the ECR SP is required to provide short -term and long -term bicycle parking.

Short-term bicycle parking, or Class II, includes bicycle racks or corrals. Long-term bicycle parking, or Class I, includes lockers, check -in facilities, monitored parking, restricted access parking, and personal storage. Bicycle parking requirements for residential uses are listed in Table 6-2320.

Table 6-2320: Bicycle Parking Requirements within the El Camino Real Specific Plan Residential Uses 1 Short Term (Class II) Long Term (Class I) General/low-income/senior housing 1 space per 15 units 2 spaces per 3 units 11 1 Minimum of four unassigned Class I bicycle parking spaces shall be provided for each residential development.

Source: City of Sunnyvale Municipal Code, Title 19, Chapter 19.36, 2022.

CONCLUSION
MidPen Housing, an affordable developer in the region, identified th e City’s reduced parking requirements for special housing developments as a best practice in their review of housing elements in the Bay Area region. The reduced parking requirements increase the feasibility of affordable and senior housing . In addition, the City is targeting parking standards below the City wide parking standards for the Moffett Park Specific Plan Update .

However, the parking requirements for mixed use development outside of specific plan areas are not fully transparent as they require use of a parking calculator tool that is not publicly available . The Housing Element includes programs to provide clear and transparent parking standards for mixed use developments outside of specific plan areas.

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Site Improvements
The Sunnyvale Zoning Code requires housing developers to provide wiring for electrical and telecommunications, including undergrounding of utilities and open space for all residential development. For multi -family units, developers are also required to provide secure storage space and landscaping.

The Subdivision Code (Title 18 of the Sunnyvale Municipal Code) requires the following site improvements:
▪ cross gutters;
▪ curbs and gutters;
▪ sidewalks;
▪ street name signs and traffic control signs;
▪ street paving;
▪ street trees;
▪ ornamental street lighting system;
▪ sanitary sewage collection and pumping system;
▪ water distribution and fire protection system;
▪ storm water drainage system;
▪ fences along lot lines adjacent to proposed or existing surface water drainage channels; ▪ fences and landscaping along rear lot lines of lots backing upon streets or highways; ▪ off-tract improvements, wherever such improvements are required for the general health, safety and welfare, and where conditions necessitating such improvements are caused or aggravated by the subdivision; and
▪ the dedication of rights -of-way or granting of easements when necessary for the proper layout and maintenance of facilities.

All of these requirements, with the exception of the requirement for “ornamental” street lighting, are necessary for the health and welfare of those living in the subdivision or to mitigate impacts on the surrounding community.

Some of the requirements, such as those for street paving, street name signs and traffic control signs have little impact on housing construction, as the street network is already completed in most areas of the city.

CONCLUSION
While these site improvement requirements add to the cost of housing, they are consistent with current market demand and similar to requirements in other Bay Area communities. These requirements are not considered to be a constraint on housing production.

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Park Dedication Requirements
The City requires residential subdivisions and multifamily housing developments to dedicate land and/or pay a fee for parks and open space purposes based on the net new units created by the project. The park dedication requirement for residential subdivisions is authorized by t he Quimby Act and is codified in Sunnyvale Municipal Code, Chapter 18.10; whereas the requirement for multifamily rental housing is authorized by the Mitigation Fee Act and is codified in Sunnyvale Municipal Code, Chapter 19.74. The intent of th e Park Dedication requirement is to provide parks, open space, and recreational facilities to meet the needs of Sunnyvale residents. Ensuring adequate parks and recreation space is an important component in maintaining quality of life for existing and future residents throughout Sunnyvale. This need is especially critical as many former industrial areas convert to residential use and become increasingly populated.

The City also has similar park dedication standards for residential developments without subdivisions (i.e., rental housing). A key difference is that the standard for rental development only applies to developments of three or more housing units (see below for further differences in the two programs) and has exemptions for affordable units. Existing single family unit projects, duplexes, ADUs, and DUO projects on existing lots are not subject to Park Dedication requirements because the lot is already existing and is assumed to have already met requirements of the Quimby Act. Only single family projects on newly created lots requiring a subdivision map are subject to Park Ddedication requirements. Since Sunnyvale does not have any vacant land, most new single-family homes are either a substantial remodel or a tear down and rebuild of an existing unit and therefore do not trigger the Park Dedication requirement.

Park Dedication In-lieu fee revenue is used to purchase land, buy equipment, and construct improvements for parks and recreational facilities that serve the housing project. Park Dedication In -lieu fees cannot be used for ongoing operational or maintenance costs.

In 2009 the City approved a policy to maintain an open space level of service of 5.34 acres per 1,000 residents (the actual ratio at the time was about 5.7 acres per thousand population). This policy is reflected in the General Plan Land Use and Transportation, Chapter 3. The Park Dedication Requirement was codified as five acres of open space per 1,000 persons in 2011. The required land dedication acreage varies depending on project density, ranging from

0.01375 acres per net new unit for low density developments (seven or fewer units per acre) to 0.0090 acres per net new unit for medium high and very high densities (over 14 units per acre). The land dedication requirement is reviewed with the publication of US Census Data and adjusted i f the number of persons per household changes significantly.

Projects that are unable to dedicate the required acreage within the project area must pay the Park Dedication In - lieu fee (or provide a combination of land and fees equivalent to the acreage requirement). In -lieu fees are based on the fair market value of land and are adjusted annually to reflect changing land values. Since 2013, the City has used the same methodology to determine annual in -lieu fee amounts . The City hires a real estate appraiser to create a local land valuation report for sale of land for residential uses from the prior year. To ensure accuracy, parcels included in the valuation report are evaluated for appropriate zoning and suitability as parkland. The highest and lowest values are removed from the report and the City determines the average price per square foot based on the remaining values.

As of 2022, the Park Dedication In -lieu fee is $185 per square foot of land. Based on this value, in -lieu fees range from $110,805.75 per net new unit for low density developments to $72,527.40 per net new unit for medium and high density developments. In 2023 the land valuation was lowered to $180 per square foot resulting in fees ranging Attachment 2

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from $70,567 (medium to high) to $107,811 (low density) . Very few new units are developed at low density with well over 90 percent of new units falling into the higher density (lower park dedication or in-lieu fee standard). The City is in the process of evaluating Park Dedication In-lieu fees to establish a reasonable fee based on density and unit sizes. Based on this evaluation, With the development of new smaller units , fees for multifamily housing will be reduced.

APPLICABILITY AND EXEMPTIONS
Any units designated as rental affordable housing are exempt from the Park Dedication requirements. Single family, duplex, ADUs, and DUO projects on existing lots are not subject to Park Dedication requirements. DUO projects that include a lot split are not exempt; in these cases, the property owner could offset the cost of the In-lieu fees through the sale of the newly created parcel and would likely profit from the lot split. As of February 2023, the City has received two applications for DUO projects that include a lot split. Both pro jects intend to pay the required Park Dedication In-lieu fee.

Table 6-21 24 shows the applicability of the Park Dedication requirement for different project types. If applicable, Table 6-22 25 shows the Park Dedication acreage requirement by project density and the corresponding in-lieu fee if the requirement is not met through land dedication. The Park Dedication requirement is structured so that medium and higher density projects, including most multi-family residential projects, have lower park dedication requirements and in-lieu fee amounts per unit than lower density projects, such as single-family homes involving a lot split . ADU projects, which add density to many low er density residential areas , are exempt from the Park Dedication requirement.

Table 6-2124: Park Dedication Requirement Applicability by Project Type Project Type Park Dedication Requirements
Single Family, duplex, ADU or DUO
(no subdivision map/lot split)
None
Single Family, duplex, or DUO
(includes subdivision map/lot split)
Yes, see Table 6-22 for requirement based on project
density
Multifamily housing
(3 or more units)
Yes, see Table 6-22 for requirement based on project
density
Affordable rental housing None
Table 6-2225: Park Dedication Requirement by Project Density Project Density Park Dedication Requirement
(per net new unit)
In-Lieu Fee
(per net new unit)*
Low Density
(7 or fewer units/acre)

0.01375 acres $110,805.75
Low-medium Density
(over 7 to 14 units/acre)

0.0125 acres $100,732.50
Medium and High Density
(over 14 units/acre)

0.0090 acres $72,527.40
*Applicable only if Park Dedication Requirement is not met through land dedication. Fees based on FY 2022/23 Fee Schedule Attachment 2

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USE OF FUNDS AND DEDICATED LAND
Since the Park Dedication requirement is applicable to net new residential units, it is frequently employed in former industrial areas in northern Sunnyvale that are transitioning to residential use and are often categorized as moderate resource by TCAC Opportunity measures. See Chapter 4, Fair Housing Assessment, for further discussion on investments in moderate resource areas.

One example of a recent Park Dedic ation project serving a moderate -resource area is the new Muwékma Park, which opened in 2022 and was created from a 6.5 -acre land dedication for the 1,059 -unit 1 AMD Place development. In addition to the land dedication, $11.6 million in Park Dedication In -Lieu funds were used to complete improvements for the new park. Since the 1 AMD Place project was built on a former industrial site with no prior residents, nearby parks were inadequate to serve the needs of the many ne w residents of the development. Located at 1035 Indian Wells Avenue, Muwékma Park is adjacent to the new development and provides a multi-use field, playground, dog park, and other amenities for public use. Muwékma Park underscores the importance of the Pa rk Dedication requirement in providing important park services for new residents of Sunnyvale and increasing resource accessibility in a moderate-resource area.

Another recent example of the Park Dedication Requirement in action is the creation of a new 2-acre park that will serve the residents of the recent 58 -unit “Corn Palace” redevelopment at 1142 Dahlia Court, as well as existing residents of the Ponderosa neighborhood. To meet the Park Dedication Requirement, the developer dedicated

0.725 acres of land. In March 2020, the City purchased an additional 1.25 acres for $141.60 per square foot ($7.7 million), using Park Dedication In-Lieu funds. This property will be combined with the dedicated parkland to create an approximately 2-acre park. This example illustrates not only the utility of the Park Dedication requirement, but also the high cost of land required to create new parks to serve new residents.

A list of new parks and park/recreational improvements using Park Dedication land and In-lieu fees that have been completed since 2015 is shown in Table 6 -23 26 below. As new developments are built and land continues to transition from industrial to residential, additional park improvements , including a new public library branch at Lakewood Park, are expected to be completed during the 2023-2031 planning period.

Table 6-2326: Projects using Park Dedication Land and In-Lieu Fees since 2015 Project Name Description Total Costs
Muwékma Park Creation of new 6.5-acre Muwékma Park $11,624,985 De Anza Park Pathway
Renovation
Pathway renovation in Las Palmas Park $542,390
Performing Arts Center
Infrastructure
New orchestra pit cover for Community Center Performing Arts Theater
$221,313
Park Tennis and Basketball
Court Reconstruction
Renovation of courts at Ortega, Serra, Encinal, Washington, Orchard Garden, Braly, and Ponderosa Parks
$523,000
Park Buildings Rehabilitation Demolition and new construction of restrooms at Washington and Serra Parks
$1,691,444
Fair Oaks Park Renovation and enhancement of Fair Oaks Park $18,704,437 Parks Parking Lot Drainage and
Surfacing
Renovation and accessibility improvements to De Anza, Las Palmas, Murphy, Ponderosa, Raynor, and Washington Parks $328,613
Washington Swim Center Construction of new swim center facility and pool at Washington Park
$12,373,595
Orchard Heritage Park Site work and improvements to Orchard Heritage Park $1,353,328 Attachment 2

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Project Name Description Total Costs
Park Buildings Modernization Renovations to recreation buildings at Washington, Raynor, De Anza, and Ponderosa Parks
$2,065,917
Las Palmas Park Tennis Center
Auxiliary Restroom
Construction of auxiliary restroom at Las Palmas Park $90,685 Playground Equipment
Replacement at Las Palmas
Installation of playground equipment, fencing, and other improvements to Las Palmas Park
$507,871
Sunnyvale Community Center Accessibility upgrades and improvements to the Recreation Building, Indoor Sports Center, Creative Arts Center, and Theater
$5,150,006
Seven Seas Park Creation of 4.3-acre Seven Seas Park $4,916,299 Total $60,093,883

IMPACT ON RESIDENTIAL DEVELOPMENT
As shown in Table 6 -24 27 below, over 4,400 residential units have met the Park Dedication requirement by dedicating land, paying the In -lieu fee, or a combination of both since 2015. Although the table below does not include information for all entitled multifamily projects under 50 units, these projects alone account for a majority of new residential development in Sunnyvale since 2015 and indicate that the City’s Park Dedication requirement does not significantly constrain residential development.

Table 6-24 27: Entitled Residential Projects Subject to Park Dedication Requirement since 2015 Address Units Land Dedication
(in acres)
Total Park Fee Notes
102 E Fremont Av 35 - $1,838,668
166 E Fremont Av 50 - $2,548,260
1139 Karlstad Dr 135 - $6,880,302
200 S Taaffe St 479 1.00 $17,666,095 Land dedication credit for public use of Redwood Square
220 Carroll St 16 - $735,467
1 AMD Pl (now Indian
Wells Av
1,051 6.50 $14,513,756 Land dedication for Muwékma Park 1142 Dahlia Ct 58 0.725 - Land dedication for “Corn Palace” Park 1155 Aster Av 741 - $37,765,213
669 Old San Francisco Rd 6 - $203,861
311 S Mathilda Av 75 - $3,408,396
740 San Aleso Av 118 - $5,967,633
1008 El Camino Real 108 - $1,926,485
871 E Fremont Ave 138 - $6,877,950
1250 Lakeside Dr 250 2.25 - Land dedication credit for public use easement of on-site open space
around man-made lake
1120 Kifer Rd 520 - $26,298,043
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Address Units Land Dedication
(in acres)
Total Park Fee Notes
915 De Guigne Dr 450 0.80 $13,632,538 Land dedication for Wiser Park 701 E Evelyn Av 204 - $7,677,711
Total 4,434 11.275 $147,940,378
Although new housing development in the City continues to be strong, feedback obtained during the public engagement process for this Housing Element update cited the Park Dedication requirement and in -lieu fees as a constraint on housing development , particularly for DUO (i.e., SB 9) lot splits . Comparison of the Park Dedication fees throughout the region shows that Sunnyvale’s fees are typically higher than neighboring jurisdictions. The City will continue to ensure that Park Dedication in -lieu fees do not exceed the cost of land acquisition . However, in response to public comments, the City has added Program H18 to review and revise the Park Dedication requirement in order to establish reduced fees for Dual Urban Opportunity lot splits and multi-family developments.

See more discussion of the park dedication in-lieu fees later in the chapter in the section on Fees and Exactions.

Open Space Requirements
The Zoning Code identifies minimum landscaped area and usable open space requirements . Requirements for residential zoning districts are shown in Table 6-2528. In general, the minimum landscaping and usable open space requirements decrease as residential density increases to ensure that maximum densities can be achieved. Specific plans have separate open space requirements to ensure the viability of very high density residential development.

For example, the Downtown Specific Plan and Lawrence Station Area Plan include usable open space requirements as low as 50 square feet per unit. Requirements for specific plan areas are shown for the Downtown Specific Plan, Lawrence Station Area Plan, and El Camino Real Specific Plan in Tables 6-2629, 6-2730, and 6-28 31 respectively.

The terms “landscaped area” and “usable open space” are defined in the Chapter 19.12 of the Zoning Code as follows:
▪ Landscaped area : a portion of a site planted with vegetation utilized for screening or ornamentation.

Landscaped areas may include decorative rock or stone, provided that such materials are incidental and do not comprise more than 30 percent of the area. For purposes of co mputation of landscaped area, automobile parking areas, storage areas, vehicular ways and specifically permitted unenclosed uses shall not be considered as landscaping.
▪ Usable open space: an outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, pool area, patio or terrace or recreation building, when designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities, driveways, utility, service or storage areas.

Since these definitions contain considerable overlap, in residential zoning districts usable open space areas that meet the definition of a landscaped area may also contribute towards both usable open space and minimum landscaped area requirements of the site. These requirements do not need to be added together. Usable open space may include areas such as lawn and play areas, which would count toward both usable open space and the landscaped area requirements. As an example, in the R -3 zoning district, a townhouse development could meet both the usable open space and landscaped area requirements with a usable, landscaped lawn area of 425 square feet per unit. For multi-family and non-residential zoning districts the total minimum landscaped area required is the combination of the minimum parking lot landscaped area and the other landscaped area. This total must be no Attachment 2

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less than 20 percent of the lot area. All usable open space and landscaping requirements are the average per project; community open space areas such as pools, picnic areas, and play areas count toward the total amount required per unit.

Single family properties do not have minimum landscaping and usable open space requirements as setbacks assure that open space is available. Yards within single family zoning districts are not required to be landscaped.

Usable open space must be designed to be accessible and usable for outdoor living, recreation, or utility u se. In R- 4 and R-5 zoning districts, a minimum of 80 square feet of the total 380 square foot usable open space requirement per unit must be designed as private usable open space for each unit.

Table 6-2528: Minimum Landscaped Area and Usable Open Space Requirements in Residential Zoning Districts1 Zoning District Usable Open Space
(sq. ft. per unit)
Other Landscaped Area
(sq. ft. per unit)
Parking Lot Landscaped
Area
R-0
N/A N/A N/A R-1
R-1.5
R-1.7/PD
R-2 5002 850
20 percent of the parking
lot area
R-3 400 425
R-4 380 375
R-5 380 375
1 Requirements for usable open space and landscaped area do not need to be added together. Usable open space that meets the definition of a landscaped area may also contribute toward the landscaped area requirement. 2 One thousand square feet of usable open space is required for a property with an accessory dwelling unit, unless this does not allow construction of an 800 sf ADU no more than 16 feet high.

Source: City of Sunnyvale Municipal Code, 2021.

In addition to the landscape and open space standards described above, the Zoning Code identifies landscape and open space standards for blocks within the Downtown Specific Plan in Chapter 19.28. The standards for landscaped areas vary from a minimum of 20 percent of the lot area in residential blocks to all areas not devoted to driveways and access zones in mixed use blocks . Open space standards are 50 square feet per unit in mixed use and high er density residential blocks. In low density, low -medium density, and medium densit y residential blocks the open space standard is 500 square feet per unit. These requirements are consistent with the requirements of the R -2 zoning district, which contains similar densities. In Block 20, designated for of fice and high density residential, is 380 square feet is required per unit, which is consistent with usable open space requirements in the high density R-5 zoning district.

Table 6-2629: Minimum Landscaped Area and Usable Open Space Requirements, Downtown Specific Plan DSP Block Usable Open Space
(sq. ft. per unit)
Other Landscaped Area
Block 1 N/A All areas not devoted to driveways and surface access zones Block 1a 50 All areas not devoted to driveways and surface access zones Block 2 N/A None
Block 3 N/A All areas not devoted to driveways and access zones Blocks 4,5 and 6 50 Minimum 20% of lot area
Block 7 50 All areas not devoted to driveways and access zones Attachment 2

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DSP Block Usable Open Space
(sq. ft. per unit)
Other Landscaped Area
Blocks 8, 8a, 8b,
9, 10, 11 and 12 500 Minimum 20% of lot area
Block 13 500 All areas not devoted to driveways and surface access zones Blocks 14, 15
and 16 50 Minimum 20% of lot area
Block 17 500 Minimum 20% of lot area
Block 18 50 All areas not devoted to driveways and access zones Block 20 380 All areas not devoted to driveways and access zones Blocks 21 and 22 N/A All areas not devoted to driveways and surface access zones Block 23 50 Minimum 20% of lot area
Source: City of Sunnyvale Municipal Code, Title 19, Chapter 19.28, 2022.

In addition, open space standards specific to mixed use and residential districts within the Lawrence Station Area Plan are shown in Table 6-27 30 below.

Table 6-2730: Minimum Landscaped Area and Usable Open Space Requirements, Lawrence Station Area Plan Open Space Type Requirement
Usable Open Space – Residential 1,2 50 sf/unit
Landscaped Area 20%
Surface Parking Lot Landscaped Area 20%
Total Landscaped Area No less than 20%
1 Usable open space may not be located in any required front yard area for projects with a front yard setback deviation. Otherwise, up to 50 percent of the required front yard area may be counted toward the usable open space requirement. 2 Balconies with a minimum of 6 feet in any dimension and a total of 50 square feet qualify as usable open space.

Source: City of Sunnyvale Municipal Code, 2021.

The zoning code also identifies open space standards specific to mixed use and residential districts within the ECRSP area, shown in Table 6 -28 31 below. Landscape and open space requirements for the ECR -R3, and ECR-R4 zoning districts are the same as those required for the R -3, and R -4 zoning districts, respectively, identified in Chapter

19.37 of the Sunnyvale Municipal Code and shown earlier in Table 6-21. Requirements for mixed-use districts within the ECRSP were determined based on feedback from developers. Projects in the ECRSP may count shared commercial/residential space such as public plazas and courtyards towards the usable open space requirement.

Table 6-2831: Minimum Landscaped Area and Usable Open Space Requirements, El Camino Real Corridor Specific Plan
Zoning
District
Usable Open Space Other Landscaped
Area
Surface Parking Lot
Landscaped Area Total Landscaped Area
ECR-C N/A 12.5% of floor area
20% of the parking
lot area, including
associated drive
aisles
Total minimum landscaped area is the
combination of the minimum parking
lot landscaped area and other
landscaped area. In no case shall this
total be less than 20% of the lot area.

ECR-MU54
ECR-MU42 150 sq. ft./unit
20% of lot area ECR-MU33
ECR-MU28
ECR-MU24
200 sq. ft./unit
Source: City of Sunnyvale Municipal Code, Title 19, Chapter 19.36, 2022.

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CONCLUSION
The City’s on-site open space requirements for properties outside of the DSP, ECR, and LSAP plan areas may be higher than other nearby jurisdictions. However, it is rare that any development proposal requests a deviation from the open space standards suggestin g that this is not a constraint on development. The 80 square feet of private open space requirement in high density residential zoning districts (R-4 and R-5) is part of the total 380 square foot requirement for usable open space. The Housing Element includes a program directing the City to collaborate with developers and other stakeholders to review and potentially reduce open space requirements in higher density residential (R-2, R-3, R-4 and R-5) areas. However, it should be noted that less than 10 per cent of the inventoried capacity for lower and moderate -income housing units are on sites within these zones. Most of the inventoried capacity is subject to the much lower open space requirements in specific plan areas. As demonstrated in the project examples provided earlier in this Chapter, most applications for new development in specific plan areas exceed the adopted open space requirements.

Building Codes and their Enforcement
The City of Sunnyvale has adopted the current edition of the California Building Standards Code and, as of 2022, the 2018 International Property Maintenance Code, and is subject to Title 24, Part 6, the State Energy Regulations. The City adopted the 2018 International Fire Code with one amendment requiring multi-family residential projects having more than 50 dwelling units be equipped throughout with two separate and approved fire apparatus access roads.

In addition to the CalGreen mandatory measures, the City incentivizes projects to exceed local Green Building standards and provide additional green building features including cool roofs or green roofs, electric vehicle chargers, and greywater or rainwater catchment systems. Multi-family projects that achieve 90 points (minimum) with the Build It Green Certification are eligible for a 5 percent density bonus, 5 foot building height increase, or 5 percent lot coverage increase. Modifications to the Green Building Program are considered at ea ch publication of a new California Building Standards Code. In addition, e ffective in January 2021, the City adopted Reach Codes to assist the City in meeting its climate action goals of reducing carbon emissions. The Reach Codes require all electric new construction and electric vehicle (EV) charging infrastructure.

The City administers a code enforcement program that aims to preserve and maintain the livability and quality of neighborhoods. Code enforcement staff are informed of violations on a complaint basis and investigate violations of property maintenance standards as defined in the Municipal Code as well as other complaints. When violations are identified or cited, staff encourage property owners to seek assistance through the rehabilitation assistan ce programs offered by the City.

CONCLUSION
The intent of the codes is to provide structurally sound, safe, and energy -efficient housing. The City is required to adopt California’s Building Standards Codes and Title 24, which is necessary for public safety and has not been shown to act as a constraint on housing development.

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Processing and Permitting Procedures
Planning is an essential part of the development process. Good planning can mean the difference between an average development and an excellent one that meets the community's expectations. Before development can occur, it is necessary to obtain certain permits and approvals. However, excessive processing time may act as a constraint on the production of housing because it increases carrying costs for the developer for land and financing.

The City of Sunnyvale places a strong emphasis on customer service and satisfaction. Recognizing the complexity of the development process for property owners and developers, the City of Sunnyvale offers easy -to-read handouts and brochures (available in paper or on the website) to help developers and homeowners better understand the planning and development procedures in Sunnyvale. The City is also committed to an efficient review process.

In 1985, Sunnyvale established a One -Stop Permit Center to process building permits, building inspections, use permits, business licenses, code compliance, housing services, plan checking, planning permits, economic development, and other general services. The One -Stop Permit Center is comprised of a team of City Staff from the Community Development, Public Works , and Public Safety Departments. In addition, the City provides E - OneStop Online Services where applicants can submit building permit applications or electronic plan check submittals. Permit applications, fees, forms, and checklists are available on the City website at:
https://www.sunnyvale.ca.gov/business -and-development/planning -and-building/permit -center/applications - fees-and-forms in conformance with Government Code Section 65940.1(a)(1)(A) .

Typical processing and permitting procedures and timelines for residential development are described below. The City complies with the Housing Accountability Act and the Permit Streamlining Act. Although the City’s findings are subjective, the City does not deny or reduce density unless it is inconsistent with objective standards. The City meets timelines in the Housing Accountability Act and Permit Streamlining Act.

PLANNING ENTITLEMENT
The City has several planning permit types and the processing varies based on the level of environmental review required for a proposal. For development of multiple residential units on a site, minor projects (projects exempt from CEQA) are reviewed at a Zoning Administrator hearing. Larger residential developments that require further environmental review such as a Negative Declaration or Environmental Impact Report (EIR) a Planning Commission hearing is required. Residential proposals that include a request to amend the zoning must be reviewed by the City Council. Project applications are reviewed by several divisions and applicants are provided feedback on compliance with City standards and information on requirements in later phases of the project (constructio n, operation, etc.).

Tentative Maps follow the same review process as planning permits.

Staff level review without a public hearing is available for small additions, single -family homes not exceeding the floor area ratio maximum, accessory dwelling units and dual opportunity dwelling units per Senate Bill 9.

PLAN CHECK
The City provides three different plan check processes to best address different circumstances and perform an efficient and thorough review process. Projects are reviewed by the City’s Plann ing Division, Fire Prevention, Structural, Public Works Engineering Division, Environmental Services, and Building staff. The three processes include: (1) express, which address minor permits such as reroofing, water heater replacement, and other permits where building plans are not required (available online or over -the-counter); (2) over-the-counter, which address Attachment 2

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tenant improvements on one -story level as well as residential remodels, additions, and accessory dwelling units; and (3) intake, which typicall y includes projects of two stories or higher and commercial construction. The intake plan review process takes three weeks for the first check and two weeks for each resubmittal.

SENATE BILL 35 APPROVALS
Senate Bill (SB) 35 requires jurisdictions where fewer building permits have been issued than needed to meet their RHNA to provide a streamlined, ministerial entitlement process for housing developments that incorporate affordable housing. In 2022 in Sunnyvale, multifamily projects providing at least 50 percent affordable units that meet all objective standards are eligible for ministerial (i.e., staff-level) approval under SB 35. However, to be eligible projects must also meet a long list of other criteria, including prevailing wage requirements for projects with more than 10 units. As of March 2022, the City has not received any applications for SB 35 approval. The City has not yet established SB 35 processing procedures. This Housing Element includes a program to establish permit processing procedures in compliance with SB 35.

SENATE BILL 330
SB 330, the Housing Crisis Act of 2019, established specific requirements and limitations on development application procedures. In addition, SB 9, passed in 2021, extended the sunset date of the Housing Crisis Act provisions through January 1, 2030. The bill allows a housing developer to submit a “preliminary application” to a city for a housing development project. Submittal of a preliminary application allows a developer to provide a specific subset of informatio n on the proposed housing development before providing the full amount of information required by the city for a housing development application. Submittal of the preliminary application secures the applicable development standards and fees adopted at that time, subject to certain exceptions. If the applicant fails to timely submit a regular application within 180 days or does not complete the application within 90 days after being told the application is incomplete, the preliminary application will expire.

In addition, the bill limits review of a complete application requiring no legislative approval to no more than 5 total City-held public meetings (e.g., Planning Commission, City Council , or community meeting ), again with certain exceptions.

In compliance with SB 330, the City provides a Preliminary Application form and follows application review process timelines and public hearing limitations. The City has received several submittals of Preliminary Application s, including applications for development within the specific plan areas.

PRELIMINARY REVIEW PROCESS
Sunnyvale offers an optional Preliminary Review (PR) process for applicants to submit schematic plans for review by the Project Review Committee (PRC) and receive early feedback from City staff before submitting a formal entitlement application. The PR process was established prior to SB 330 and is voluntary. Applicants typically choose to either submit a preliminary application under SB 330 or follow the City’s voluntary PR process. The PR process is encouraged for complex projects, large projects, or pote ntially controversial projects, and could aid in helping applicants determine the most efficient path to project approval, thus helping to save time and costs. The PRC consists of representatives from the City Departments of Community Development (Planning and Building Divisions), Public Safety (Fire and Crime Prevention Divisions), Environmental Services and Public Works. The PRC will also review development/improvement proposals for technical compliance with the California Environmental Quality Act (CEQA), City codes, design guidelines, policies, and other specifications. The PR process starts at application submittal and ends at the PRC meeting with no formal decision made on the application. Applicants are Attachment 2

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encouraged to attend the PRC meeting where they receive written comments from the PRC and are given an opportunity to seek clarifications and ask questions. The PRC meeting is typically held two times per month, offering several opportunities for applicants seeking preliminary review of projects.

DESIGN REVIEW
The purpose of the Design Review (DR) process is to improve the quality of residential design, enhance and protect existing neighborhoods, and promote an orderly and attractive community. Projects are reviewed for compliance with the City’s design guidelines. The DR process applies to any permitted use that includes new construction, changes to the exterior of a building, or other site modifications. The DR process varies depending on the type and scope of the project. Processing requirements are ou tlined in Chapter 19.80 of the Sunnyvale Municipal Code and described below. The director or planning commission may approve any design review upon such conditions, in addition to those expressly provided in other applicable provisions of the zoning code, as it finds desirable in the public interest, upon finding that the project’s design and architecture will conform with the applicable criteria and various guidelines for design review established by the City Council.

To streamline review and improve consistency, the City consolidated its various design guidelines (e.g., single family home design techniques, high -density residential design guidelines, mixed -use development toolkit) into one document in 2020. However, several of the City’s design guidelines are subjective. In accordance with the Housing Accountability Act, the City may not deny a project due to a failure to meet subjective standards. To ensure consistency in development review, the City is reviewing and updating it s standards to ensure they are objective and quantifiable, anticipated for completion in late 202 3. The Housing Element includes a program to review and update the City’s design standards to ensure they are objective and quantifiable.

Single-Family Home or Duplex: Applications for new single-story single-family homes, duplexes or additions that are designed in compliance with the code requirements and do not exceed floor area and FAR thresholds for the zoning district are reviewed by staff. Applications are reviewed for conformance with applicable development standards and adopted design guidelines. There are different timeframes for staff review, depending on the size of the project.

Single-story additions to single-family homes and duplexes that are less than 20 pe rcent of the existing floor area, and do not include modifications to the front elevation, are reviewed over the counter as part of the building permit plan review at the One-stop Permit Center. Projects that propose to add more than 20 percent of the existing floor area or include modifications to the front elevation are reviewed within a two to four-week timeframe.

New two-story single family or duplex residences, or second -story exterior modifications or additions that do not exceed the FAR threshold are also reviewed by staff but require a public notice and a two-week public comment period. A staff decision on these types of projects is typically made within two to three months.

A new single-family home or duplex construction or addition project that exceeds the total FAR threshold for the zoning district is required to go through a public hearing process reviewed by the Planning Commission. These projects are reviewed for conformance with the same standards and design guidelines as those projects reviewed at staff level but require a higher level of review because of the proposed size and potential visual impacts. Planning Commission decisions on these types of projects is typically made within three to four months.

Multi-Family Housing: Multi-family development projects of 3 to 50 units that are not subject to any other discretionary permit require design review by the Planning Commission. The Planning Commission design review process for multi-family projects typically takes three to six months. Multi-family development projects of more than 50 units require a use permit, or for projects located in specific or area plan areas or combining districts, a special Attachment 2

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development permit is required. Both the use permit and special development permit process include a review of project design and therefore are not required to undergo a separate design review permit.

VARIANCE
A variance provides for relief from the Zoning Code to address practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the zoning district. A va riance may be approved by the Zoning Administrator; however, if the variance is requested in connection with a land use permit or approval, the variance request must be reviewed along with the land use permit or approval.

After holding at least one public hearing, the Zoning Administrator may approve the requested variance if the Zoning Administrator finds that:
▪ Because of exceptional or extraordinary circumstances or conditions applicable to the property, or use, including size, shape, topography, location or surroundings, the strict application of the ordinance is found to deprive the property owner of privileges enjoyed by other properties in the vicinity and within the same zoning district.
▪ The granting of the variance w ill not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district. ▪ Upon granting of the variance the intent and purpose of the ordinance will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners within the same zoning district.

Similar findings are required by state law to grant a variance. The City rarely receives re quests for variances for multifamily housing developments; developers more typically ask for deviations to the zoning standards through the Special Development Permit process which does not require the more stringent findings of a variance. More recently, a few developers have applied for waivers under state density bonus law.

USE PERMIT
A use permit is intended to allow the establishment of those uses which have unique characteristics or special form such that their effect on the surrounding environment must be evaluated for a particular location. The City requires a use permit for all multifamily development of more than 50 units, outside of specific plans. In addition, use permits are required for single family and two-family units in high density residential or commercial districts and use permits are required for large residential care facilities. Chapter 19.88 of the Sunnyvale Municipal Code describes the City’s procedures for issuing use permits. The permit application process allows for review of the location, design, configuration of improvements and potential impact on the surrounding area. Minor use per mits include projects that do not pose significant land use consequences and are determined to be categorically exempt from CEQA. A minor use permit may be approved by the Zoning Administrator, after holding at least one public hearing, if the Zoning Administrator finds that the permit will either:
▪ attain the objectives and purposes of the general plan, specific plan, precise plan, or other specialized plan of the City of Sunnyvale; or
▪ ensure 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.

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The City has not denied any Use Permit for residential development since at least 1990. Since 2015, only two Use Permits have been processed for residential projects; both of which have been approved. The City recognizes that these findings are subjective and so the City cannot deny a use permit application for a housing development project, or reduce the project’s density, unless the project fails to conform with objective standards or the City can make the “specific health or safety” finding required by the Housing Accountability Act. The City has added Program H20 to create a new non-discretionary Plan Review Permit, which will replace the Use Permit requirement for most residential projects, including multi-family projects over 50 units in R-2, R-3, R-4, and R-5 zoning designations. The Plan Review Permit will require Planning Commission review and approval based on objective design standards.

A major use permit includes all applications not determined to be minor permits or those that require more extensive community participation or are not categorically exempt from CEQA , including larg e multi-family developments. Major use permits may be approved by the Planning Commission, following at least one public hearing, if the Commission finds that the project meets either of the findings listed above.

SPECIAL DEVELOPMENT PERMITS
A special d evelopment permit is required to implement the provisions of certain combining districts for development or use where the underlying zoning district is combined with the: PD planned development; ECR precise plan for El Camino Real; DSP downtown specific pl an; HH heritage housing; LSAP Lawrence Station Area Plan; or ITR industrial to residential combining districts. A special development permit is required for all multi-family residential development in the Downtown Specific Plan and single-family development in mixed use, commercial, and office blocks of the Downtown Specific Plan. Additionally, a special development permit is required for any new construction, as well as new live/work units, SROs, and emergency shelters in the LSAP.

Minor special development permits are approved by the Zoning Administrator and include projects that do not pose significant land use consequences and are determined to be categorically exempt from CEQA. Major special development permits are approved by th e Planning Commission and include all those not considered as minor special development permits. The special development permit allow s developers to request deviations from the City’s objective development standards such as lot area, setbacks, height, or parking space requirements without a separate request for variance . After holding at least one public hearing, the Zoning Administrator , Planning Commission, or City Council may approve a special development permit upon finding that the permit will either:
▪ attain the objectives and purposes of the general plan, specific plan, precise plan, or other specialized plan of the City of Sunnyvale; or
▪ ensure 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.

The City recognizes that these findings are also subjective and so the City cannot deny a special development permit application for a housing development project, or reduce the project’s density, unless the project fails to conform with objective standards or the City can make the “specific health or safety” finding required by the Housing Accountability Act.

GENERAL PLAN AND/OR PRECISE PLAN, SPECIFIC PLAN AND OTHER AREA PLAN

AMENDMENTS
An amendment to the general plan and/or an adopted precise plan or specific plan may only be initiated by a motion of the City Council. An application requesting an amendment must be submitted to the Community Development Attachment 2

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Director. The request must be reviewed at a public hearing held by the Planning Commission for recommendation to the City Council. Once a recommendation from the Planning Commission is received, the City Council must hold a public hearing and determine whether to approve or deny the reques t for initiation of a general plan or specific plan amendment. If a general plan or specific plan amendment application is not filed and determined complete within two years of the approval, the approved request for initiation of a general plan or specific plan amendment shall expire.

Following City Council approval of a request for initiation, a general plan or specific plan amendment application may be filed. A general plan or specific plan amendment must be referred to the Planning Commission to hold a public hearing and consider a recommendation to the City Council. After receiving a recommendation from the Planning Commission and holding at least one public hearing, the City Council may approve the general plan or specific plan amendment by adopting a resolution or deny the general plan or specific plan amendment. The City Council may approve a general plan or specific plan amendment upon finding that the amendment, as proposed, changed, or modified is deemed to be in the public interest.

ZONING AMENDMENTS
A zoning amendment may either be initiated by the City Council or Planning Commission, or by filing an application.

A zoning amendment must be referred to the Planning Commission to hol d a public hearing and consider a recommendation to the City Council. After receiving a recommendation from the Planning Commission and holding at least one public hearing, the City Council may approve the zoning amendment by adopting a resolution or deny the zoning amendment. The City Council may approve a zoning amendment upon finding that the amendment, as proposed, changed, or modified is deemed to be in the public interest.

General plan, specific plan, and zoning amendments are legislative approvals where the City’s decision will be upheld unless arbitrary or capricious. Few housing developments in Sunnyvale require legislative approvals; the City regularly updates its specific plans and zoning to accommodate needed housing.

MISCELLANEOUS PLAN PERMIT
A miscellaneous plan permit for a residential development is an administrative process to determine if the project meets objective standards for the dimensions, colors, materials, architectural elevations, design, and placement of the physical characteristics of a project. The City allows applicants for accessory dwelling units (ADUs) who do not meet the standards in the City’s ADU ordinance to apply for a discretionary miscellaneous plan permit, as described further under Zoning for a Variety of Housing Types, below . HCD encourages cities to make available such a discretionary process to provide additional opportunities to create ADUs that would otherwise not be permitted; a ministerial process is used for fully compliant ADUs. Approval may be authorized by the Community Development Director and does not require public notice or hearing.

PROCESSING TIMELINES
Table 6 -28 32 shows the approval body and typical processing times for the City’s permitting and processing procedures. These timelines are consistent with the Permit Streamlining Act and are not considered a constraint on housing development.

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Table 6-2932: Timelines for Permit Procedures
Type of Approval or Permit Approval Body Typical Processing Time Miscellaneous Plan Permit Community Development Director 1 day to 3 months Design Review
Single-story single family / duplex Community Development 2 to 4 weeks Two-story single family / duplex Community Development 2 to 3 months New single family / duplex exceeds
FAR requirement or multi-family
project (3 – 50 units) with no other
discretionary review
Planning Commission 3 to 6 months
Minor Use Permit Community Development Director 3 to 6 months Major Use Permit Planning Commission 6 to 9 months
Minor Special Development Permit Community Development Director 3 to 6 months Major Special Development Permit Planning Commission 6 to 9 months Variance Community Development Director 3 to 6 months
General Plan Amendment City Council 9 to 18 months
Zoning Amendment City Council 9 to 18 months
Source: City of Sunnyvale, 2021.

TYPICAL SINGLE FAMILY AND MULTI-FAMILY DEVELOPMENT PROCESSING PROCEDURES Processing procedures vary by the residential use and the size of the proposed development. Single family homes are permitted by right in the R-0, R-1, R-1.5, and R-2 zoning districts. A single family home or subdivision of a single family lot may be processed through a design review at the staff level if the home is consistent with development standards and FAR requirements. If the proposed project exceeds FAR requirements or do es not comply with development standards, a public hearing is required.

A small-scale multi-family development (i.e., 50 units or less) would be subject to design review approval by the Planning Commission and is required to hold at least one public hearing. Building plan check would be performed through the intake process.

A large-scale multi -family development (i.e., more than 50 units) , outside of specific plan areas, requires a use permit subject to Planning Commission approval. Plan check is performed through the intake process for projects of 4 or more stories. In additio n, the City provides an optional preliminary review process which is strongly encouraged for complex projects, large projects, or potentially controversial projects.

Most multi-family developments are proposed within the specific plans, area plans, or PD combining districts which require approval of a special development permit. A public hearing is required and Planning Commission approval is required.

For multi -family project s, which typically require a special development permit or use permit , ap plications are checked for completeness within 30 days of submittal. If an application is determined to be incomplete, the applicant is provided a comment letter detailing missing materials required for resubmittal. Upon resubmittal of the application, a subsequent completeness check is completed within 30 days of submittal. Each application is reviewed by the Project Review Committee, which includes members of Community Development, Public Safety, and Public Works departments to ensure that a thorough review of the application materials so that any missing materials are noted in the comment letter.

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Once an application is complete, staff performs a compliance check to determine if the project is consistent or inconsistent with General Plan and zoning standards. Within 30 days of an application being complete, the applicant is provided a compliance letter with a list of any inconsistencies to be corrected in order to be in compliance with standards. Once an application is determined to be compl iant, a public hearing is scheduled for approval and notifications are sent to the public.

With the exception of General/Specific Plan and corresponding zoning amendments, if multiple permits are required for a single project , such as a use permit and a variance, the review and approval process are typically conducted simultaneously. One advantage of the special development permit is that larger, more complicated multi-family projects have greater flexibility and are allowed to request deviations from development standards without a separate variance. This helps reduce applicant paperwork and streamline permit processing.

Typical processing procedures and time by project type are shown in Table 6-3329. These timelines incorporate staff time required for review (completeness and compliance checks) as well as typical timelines for applicants to resubmit.

Table 6-3033: Typical Processing Procedures by Project Type Development Type Typical Approval Requirement Total Processing Time Accessory Dwelling Unit Plan Check 1 day to 2 months
Single Family Unit Design Review 1 week to 6 months
Multi-family (Small) Design Review 4-6 months
Multi-family (Large) Major Use Permit / Special
Development Permit
6-9 months
Source: City of Sunnyvale, 2022.

CONCLUSION
The City’s plan check processing procedure at the One Stop Permitting Center allows for streamlined and efficient review of ministerial approvals. A design review permit is typically required for single family and small multi-family developments. If projects require multiple permit types, both permits are processed for approval at the same time.

For large multi-family developments, the City requires a use permit or special development permit, which includes a review of project design. For all permit types. the City adheres to review timelines established by SB 330 to ensure timely processing. Large multi-family projects are inherently complicated and often require multiple application resubmittals for the applicant to address and be consistent with the General Plan and zoning standards. City staff works with applicants to provide clear steps to reach compliance.

Nevertheless, there are opportunities t o reduce processing times, simplify the residential permitting process, and implement clear objective standards . The Housing Element includes programs to create a new non -discretionary permit type (Plan Review Permit ) for all housing development, establish streamlined processing procedures, consistent with SB 35. Additionally, the Housing Element includes a policy to implement objective design standards for all residential development and a program to establish new objective design standards for multi -family and mixed use development, which is currently underway and will be completed in 2023.

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Fees And Exactions
The City of Sunnyvale collects various fees from developments to cover the costs of processing permits. The current (FY 2022-2023) fees are available on the City’s website. Table 6-30 34 summarizes the building permit fees and Table 6-31 35 summarizes the planning fees as of FY 2021-2022 applicable to housing construction.

Table 6-3134: Building Permit Fees (FY 2021-2022)
Permit Type Fee
Building Permit Issuance + Technology Surcharge $62
Photovoltaic/Solar System (Single Family Homes/Duplexes) $281 Mechanical Permit $0.10 per sf
$104 minimum
Electrical Permit $0.10 per sf
$104 minimum
Plumbing Permit $0.10 per sf
$104 minimum
Grading Permit
Single family homes or duplexes
All other types of buildings

$237
$1,019
Demolition Permit $367
Plan Check 70% of Building Permit Fee
Energy Plan Check 10% of Building Permit Fee
Fire Prevention Permit 70% of Building Permit Fee
Construction Tax 0.54% of total valuation
General Plan Maintenance 0.15% of total valuation
Building Permit Fee
Project Valuation* Fee
$1 to $2,000 $121.00 for the first $2,000 of value
$2,001 to $25,000 $200.00 for the first $2,000 plus $25.00 for each additional $1,000 or fraction thereof
$25,001 to $50,000 $761.00 for the first $25,000 plus $17.50 for each additional $1,000 or fraction thereof
$50,001 to $100,000 $1,200.00 for the first $50,000 plus $12.50 for each additional $1,000 or fraction thereof
$101,000 to $500,000 $1,810.00 for the first $100,000 plus $9.80 for each additional $1,000 or fraction thereof
$500,001 to $1,000,000 $5,709.00 for the first $500,000 plus $8.30 for each additional $1,000 or fraction thereof
$1,000,001 and up $9,849.00 for the first $1,000,000 plus $5.50 for each additional $1,000 or fraction thereof
*Project valuation is determined by the Building Division based on adopted valuation tables.

Source: City of Sunnyvale, 2021
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Table 6-3235: Planning Permit Application Fees (FY 2021-2022) Permit Type Fee
Single-Family Homes/Duplexes
Staff Level Design Review $456
Planning Commission Design Review (public hearing) $671 Special Development/Use Permit (public hearing) $550
Variance (public hearing) $550
Staff Level Reviews
Zoning Exception $175
Miscellaneous Plan Permit Residential (less than 3 units) $242 Miscellaneous Plan Permit Residential (3 units or more) $456 Preliminary Project Review for Public Hearing Project $1,099 Site Plan Review (Architecture, Landscaping, Lighting, etc.) $461 Extension of Time: Major/Minor Permits and Tentative Maps $982 Zoning Administrator Reviews (Public Hearing)
Minor Special Development Permit/Use Permit $1,987
Plan Review: Minor Special Development Permit/Use Permit $1,061 Variance (except single family/duplex) $1,987
Parcel Map (4 or fewer lots) $3,209
Development Agreements (Public Hearing)
New Development Agreement or Major Modification $6,959
Development Agreement: Minor Modification $3,493
Development Agreement: Annual Review $1,761
Public Works Planning Application Review (Public Hearing Projects) Tentative Parcel Map (4 or fewer lots and condominium units) $1,013 Tentative Map (5 or more lots) $3,119
Major Planning Project $6,242
Appeals (Public Hearing)
Appeal of Permit Decision, Zoning Administrator Decision, or Planning Commission Decision $242 Appeal of Heritage Preservation Commission Decision $206 Planning Commission Reviews (Public Hearing)
Major Design Review $4,189
Major Special Development Permit/Use Permit $5,384
Plan Review: Major Special Development Permit/Use Permit $2,120 Tentative Map (5 or more lots) – Base Fee
Plus per Lot
$5,247
$360
Tentative Map: Modification to Conditions of Approval $2,148 Attachment 2

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Permit Type Fee
City Council Reviews (Public Hearing)
General Plan/Specific Plan/Village Center Community Outreach Plan Amendment Initiation $1,665 General Plan/Specific Plan Amendment Application (after Council initiation) $6,959 Rezoning: District Change or Zoning Code Amendment $6,959 Rezoning: Combining District (except Heritage Housing or Single-Story) $3,469 Rezoning: Combining District Heritage Housing/Single-Story (per lot) $178 Specific Plans (including Village Center Plans) $6,959
Review of Below Market Rate Alternative Compliance Plan $5,384 Environmental Review
CEQA: Environmental Assessment (Initial Study) $954
CEQA: Consultant Preparation of Environmental Study or EIR or TIA As Needed CEQA: Staff Review of Environmental Study (air quality, noise, etc.) $1,796 CEQA: Staff Review of EIR or TIA Preparation (% of consulting fee) 10% (minimum) $1,796
Moffett Park Specific Plan
Moffett Park Minor Special Development Permit/Use Permit $2,706 Plan Review: Minor Permit $1,061
Moffett Park Major Special Development Permit/Use Permit $4,189 Plan Review: Moffett Park Permit $2,120
Source: City of Sunnyvale, 2021
The financing of public facilities and services for new development is funded in part by exaction s and fees levied against development projects in proportion to the anticipated fiscal impacts on the jurisdiction. Although these fees are necessary to cover costs, they can also have substantial financial impact on the development of housing, particularly affordable housing.

The City’s development impact fees as of FY 2021-2022 are listed in Table 6-3236, below. Current fees are available on the City’s website.

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Table 6-3336: Development Impact Fees (FY 2021-2022)
Type Fee
Impact Fees
Park-in-Lieu Fee (not charged for affordable units in rental projects) Low density (7 or fewer units per net acre)
Low-medium density (7 to 14 units per net acre)
Medium density (14 to 27 units per net acre)
High density (over 27 units per net acre)
Per Unit
$95,832
$87,120
$62,726.40
$62,726.40
Transportation Impact Fee
Single-Family, detached
Multi-Family, attached
Per Unit
$3,436
$2,130
Housing In-Lieu Fee – Rental Residential (applies if project does not provide at least 15 percent affordable units)
3-6 units
7 or more units

$13.50 per sf
$27 per sf
Sense of Place Fee for Tasman Crossing & Fair Oaks Junction1 $1,386/unit Sense of Place Fee for East Sunnyvale 1 $2,653/unit
Lawrence Station Area Plan Fees – applicable to projects within the plan area LSAP Sense of Place Fee
LSAP Residential Wastewater Fee
LSAP Transportation Impact Fee (only applies after a total of 2,323 units have been approved in the plan area)
LSAP Plan Fee

$2,030.34/unit
$745.01/unit
$1,298/unit

0.17% of total
construction valuation
Peery Park Specific Plan Fees – applicable to projects within the plan area Peery Park Sense of Place Fee
Peery Park Water Infrastructure Fee
Peery Park Wastewater Infrastructure Fee
Peery Park Specific Plan Fee

$2.41 per sf
$6.90 per sf
$3.40 per sf
.082% of total
construction valuation
School Impact Fees (outside of City of Sunnyvale control) Sunnyvale School District
Santa Clara Unified School District
Mountain View-Whisman School District
Los Altos School District
Cupertino Union School District
Fremont Union High School District
Mountain View-Los Altos Union High School District

$2.52 per sf
$4.08 per sf
$2.72 per sf
$2.72 per sf
$2.45 per sf
$1.55 per sf
$1.36 per sf
Development Project Fees (Public Works)
Public Record Drawing Maintenance Fee (per sheet) $172
Parcel Map Plan Check Fee (per map) $6,297
Tract/Final Map Plan Check (per map)
Low (1-parcel condo with 5 units or more)
Medium (5-10 lots)
High (11-50 lots)
Complex (more than 50 lots)

$6,818
$7,387
$8,580
$11,364
Certificate of Compliance Fee (per certificate) $711
Certificate of Correction/Amendment of Map (per certificate) $548 Lot Line or Lot Merger Adjustment Fee $2,040 plus $60 per lot Attachment 2

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Type Fee
Public Easement Review Fee (e.g., easement deed for sidewalk or public utilities) (per easement) $972 Infrastructure Fees
Storm Drainage
Charge per gross acre
Provided, however, that the minimum charge per lot shall not be less than

$8,272
$1,708
Water Connection
Standard Occupancy Unit (with 3 or more bedrooms)
Low Occupancy Unit (with 1 or 2 bedrooms, 2 bedrooms and den)

$6,753
$3,826
Water Meters
¾” Meter
1” Meter
1½” Meter
2” Meter
All other meters not listed
Fire Service 5/8” Meter for DCDA

$996
$1,082
$1,367
$1,556
Actual cost
$973
Water Main Tapping Fee
1” and 2” (per tap)
4”, 6”, 8”, and 10” (per tap)
Over 10” size

$1,657
$2,406
Actual cost
Cut-In Tee Fee
4” Main
6” Main
8” Main
10” Main
12” Main

$6,879
$7,533
$8,121
$8,430
$9,278
Tie-In Fee
6” Main
8” Main
10” & Larger Main

$11,772
$13,225
Actual cost
Water Service Inspection Fee $226
Water Main Offset Fee Actual cost
Sewer Connection Charges
Standard Occupancy Unit (with 3 bedrooms and up)
Low Occupancy Unit (with 1 or 2 bedrooms, 2 bedrooms and den)

$9,094
$5,912
Building Permit Clearance Fee
Building Permit related to subdivision or major planning permit $3,309 Building Permit – all other building permit plan reviews $564 Source: City of Sunnyvale, 2021
Notes: 1 Sense of Place Fees were established in the early 2000s and are applied to developments in certain areas of the City that are transitioning from non-residential to multifamily residential use. Sense of Place Fee areas currently include Tasman Crossing, Fair Oaks Junction, East Sunnyvale, Lawrence Station Plan area. These areas were historically developed with lower-intensity industrial and office uses and frequently lack the pedestrian or bicycle infrastructure, benches, trash receptacles, and lighting that are common in multifamily residential neighborhoods. Revenues from Sense of Place fees are used within the fee plan areas to fund necessary public improvements that will mitigate the impacts of higher intensity development and encourage pedestrian, bicycle, and public transit use. Fee revenues fund bike lanes, pedestrian crossings, wayfinding markers, shared-use paths, and other public improvements that are identified in the applicable Sense of Place plan for the region. These improvements create safer streets for pedestrians, encourage multimodal transportation, and enhance quality of life for new residents.

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TOTAL FEES FOR TYPICAL RESIDENTIAL DEVELOPMENTS
Table 6-33 37 shows the fees for a range of typical residential developments, including a single family home, a 10- unit multifamily residential development, and a 100-unit multifamily apartment complex. Fees for a typical single- family home that does not involve the subdivision of land total $ 34,121; fees for a typical 10 -unit mu lti-family development total $1,064,229 (or $106,423 per unit); and fees for a typical 100-unit multi-family development total $7,804,249 (or $78,402 per unit). In comparison to the average total development costs (discussed further in the “Development Costs”), these fees make up less than 5 percent of total development costs for a typical single-family home, 14 percent of total development costs for a typical 10 -unit multi-family development, and 11 percent of total development costs for a typical 100-unit multi-family development.

According to a Santa Clara County fee analysis completed by the Santa Clara County Planning Collaborative, t he fees are approximately half of the county average of $68,140 for a single-family unit and approximately 300 percent higher than the regional average of $34,738 per unit for small multi-family developments and $32,694 per unit for large multi-family developments. The biggest portion of the total fee for multifamily units is the park dedication fee, which the City waives for affordable rental units.

The City of Sunnyvale collects two different types of Park Dedication Fees. Fees authorized by the Quimby Act are codified in Sunnyvale Municipal Code, Chapter 18.10 . Quimby Fees are imposed on developers of residential subdivisions. The second type of Park Dedication Fee was established pursuant to the Mitigation Fee Act an d codified by the City in the Sunnyvale Municipal Code, Chapter 19.74 . These Park Dedication Fees are assessed on developers of multifamily residential rental housing projects.

As noted in Table 6-3236 above, the City’s park in-lieu fee is $62,726.40 per net new unit for medium and high density residential developments and $95,832 for single family units in a subdivision, which is significantly higher than other jurisdictions . As a condition of approval , multi-family residential projects must dedicate land or pay a fee (or both if insufficient land is dedicated ), based on whether a park has been identified in the general plan , for park or recreational purposes. This requirement does not apply to affordable units in rental projects or to ADUs or JADUs. Without the park in -lieu fee, the City’s fees for affordable units total $15,316 per multifamily unit, approximately half of the regional average. Based on the criteria of the single family home prototype described in Table 6-29, the City’s park in-lieu fee would not be charged for this development.

In addition to the fees listed in Table 6-3337, at the applicant’s option, rental housing projects with between three and six rental units may choose to fulfill some or all of their 15 percent affordable inclusi onary rental housing obligation by paying the applicable small rental housing in-lieu fee of $13.50 per square foot. For projects of seven or more units the development may request an alternate compliance option to pay a n affordable housing in-lieu fee of $27 per square foot. For a 100-unit multifamily apartment complex, this fee totals an estimated $2,025,000.

Since most projects provide affordable units on -site, consistent with the BMR program, the housing in-lieu fee is not typically assessed.

Table 6-3437: Fees for Typical Residential Developments Fee Type Single Family1 Multi-Family (Small)2 Multifamily (Large)3 Planning Entitlement Fees
Design Review $456 $0 $0
Major Special Development Permit $0 $5,384 $5,384
Major Plan Review $0 $2,120 $2,120
Expanded Noticing $0 $383 $1,203
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Fee Type Single Family1 Multi-Family (Small)2 Multifamily (Large)3 DPW - Major Planning Project $0 $6,242 $6,242
Environmental Assessment $0 $0 $957
Staff Review of Environmental Studies (3 studies) $0 $5,388 $5,388 Notice of Exemption $0 $50 $50
Planner Attendance After-Hours (4 hours) $0 $201 $201
Subtotal $456 $19,768 $21,545
Building Permit Fees
Issuance Fee $34 $34 $34
Building Permit $4,093 $10,053 $58,029
Electrical Permit $310 $850 $8,000
Mechanical Permit $310 $850 $8,000
Plumbing Permit $310 $850 $8,000
Fire Permit $2,865 $7,037 $40,620
Grading Permit $237 $1,019 $1,019
Plan Check Fee $2,865 $7,037 $40,620
Energy Plan Check Fee $409 $1,005 $5,803
Construction Tax $1,797 $5,600 $52,704
General Plan $499 $1,556 $14,640
Technology Surcharge $28 $28 $28
DPW - Building Permit review $564 $0 $3,309
Subtotal $14,322 $35,918 $240,807
Impact Fees
Park in-lieu fee

$871,200 $6,272,640
Traffic impact fee

$21,300 $213,000
Subtotal $0 $892,500 $6,485,640
Other Fees
Water Connection Fee $6,753 $38,260 $382,600
Sewer Connection Charge $9,094 $59,120 $591,200
Encroachment Permit (new WM, sewer lateral,
driveway approach)
$757 $0 $0
Off-site Improvements $0 $0 $37,869
Tract Map $0 $6,818 $11,364
Water Meter $1,082 $9,439 $28,412
Water Tap $1,657 $2,406 $4,812
Subtotal $19,343 $116,043 $1,056,257
TOTAL FEES (per project) $34,121 $1,064,229 $7,804,249
TOTAL FEES (per unit) $34,121 $106,423 $78,042
Average Fees for Jurisdictions in Santa Clara
County (per unit) $68,140 $34,738 $32,694
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1 Fees are based on construction of a new 2,600 square foot two-story home with a 500 square foot garage on an empty lot in an existing neighborhood. No significant grading or other complicating factors are assumed. 2 Fees are based on construction of 10 new multifamily units on a 1-acre lot, permitted by right and of medium complexity (i.e., moderate grading work, existing public street frontage, no public landscaping or traffic signal work). Assumes average unit size of 850 square feet.
3 Fees are based on construction of 100 new multifamily units on a 2-acre lot, 80,000 total square feet of construction type V over concrete podium. Assumes the project requires a conditional use permit and is of high complexity (i.e., significant grading work of 5,000 cubic yards, type 1 erosion/sediment control, $400,000 of street frontage improvements, no public landscaping or traffic signal work, includes sprinklers and air conditioning). Assumes average unit size of 750 square feet.

Source: City of Sunnyvale, 2022.

Table 6 -34 38 shows the fees for typical ADU and JADU projects and analyzes t hese fees as a percentage of estimated total development cost. The analysis uses ADU and JADU prototypes that represent common ADU projects seen in the City. ADUs and JADUs may be approved through the City’s stre amlined process without a Miscellaneous Plan Permit if the project is the conversion of the interior space of an existing or proposed single family home. However, a Miscellaneous Plan Permit would be required for an ADU or JADU that is an addition to an existing single family home. Detached ADUs up to 800 square feet may be approved through the City’s streamlined process but require a Miscellaneous Plan Permit if over 800 square feet.

Building permit fees are the same for ADU projects regardless of their category (standard ADU or JADU) or whether they are attached to or detached from the primary structure. The Park in -lieu fee applies only if the project will include an Urban Lot Split. Traff ic Impact Fees only apply for ADUs that are 750 square feet or more. Water and sewer connection fees only apply if the project will increase the total number of bedrooms on the property from two bedrooms to three bedrooms or more. Based on cost estimates from the Santa Clara County ADU Calculator, total fees are approximately 2 percent% of the total development cost.

Table 6-3538: Fees for Typical ADUs and JADUs
Fee Type ADU1 JADU2
Planning Entitlement Fees $0 $260
Miscellaneous Plan Permit $0 $260
Building Permit Fees $4,478 $4,478
Issuance Fee $36 $36
Building Permit $1,650 $1,650
Electrical Permit $109 $109
Mechanical Permit $109 $109
Plumbing Permit $109 $109
Plan Check Fee $1,155 $1,155
Energy Plan Check Fee $165 $165
Construction Tax $428 $428
General Plan $119 $119
Technology Surcharge $35 $35
DPW - Building Permit review $564 $564
Impact Fees $0 $0
Park in-lieu fee $0 $0
Traffic impact fee $0 $0
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Other Fees $0 $0
Water Connection Fee $0 $0
Sewer Connection Charge $0 $0
TOTAL FEES $4,478 $4,738
TOTAL DEVELOPMENT COST (TDC) 3 $265,000 $204,000
TOTAL FEES AS PERCENTAGE OF TDC 1.7% 2.3%
1 Fees are based on construction of a new, 600 square foot, 1 bedroom, 1 bathroom detached standard ADU. Project is on an existing lot containing a three-bedroom single family home. No significant complicating factors are assumed. 2 Fees are based on construction of a new, 400 square foot, 0 bedroom, 1 bathroom, attached JADU that is an addition to an existing home. Project is on an existing lot containing a three-bedroom single family home. No significant complicating factors are assumed. 3 Total development costs are based on estimates from the Santa Clara ADU calculator (https://santaclaracounty.aducalculator.org).

CONCLUSION
The City’s total development and planning fees are high in comparison to other jurisdictions in Santa Clara County, particularly in instances where the Park -in-Lieu fe e appl ies. However, the City experiences strong housing production and provides fee exemptions for affordable rental units, substantially reducing costs. Nevertheless, fee comparisons with neighboring jurisdictions and public feedback during the housing element update process indicates that fees for market -rate units are a constraint on housing development. The full Park -in-Lieu fee also applies to Dual Urban Opportunity lot splits, which could hamper the feasibility of this ty pe of development. The Housing Element includes a program to review the City’s planning and development fees, specifically the park in - lieu fee to remove barriers to Dual Urban Opportunity lot splits.

Density Bonus
A density bonus is the allocation of development rights that allows a parcel to accommodate additional residential units beyond the maximum for which the parcel is zoned. State Density Bonus Law (Government Code Sections 65915 – 65918) provides density bonus es to residential projects based on a sliding scale that varies based on the type of housing and the percentage of affordable units. The maximum density bonus for a market rate development (inclusive of any inclusionary affordable units) is 50 percent, dependent on the income level and percentage of affordable units. However, the permitted density bonus is 80 percent for projects that provide 100 percent affordable units, and 100 percent affordable projects within one -half mile of a major transit stop are entitled to unlimited density. In addition, State density bonus law provides eligible projects up to three incentives/concessions on a sliding scale based on the percentage of affordable units provided. Projects that provide 100 percent affordable units are eligible for up to four incentives/co ncessions. Any project eligible for a density bonus may request unlimited waivers of development standards, except for a project entitled to unlimited density.

Projects qualifying for a density bonus also qualify for statewide parking requirements (which is a reduction in the City of Sunnyvale requirement), shown in Table 6 -3539. In addition, parking requirements for projects located within a half mile of an accessible major transit stop or bus route are further reduced or eliminated depending on the type of affordable project.

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Table 6-3639: Statewide Parking Standards for Affordable Housing Number of Bedrooms Number of On-Site Parking Spaces
0 to 1 bedroom 1
2 to 3 bedrooms 1.5
4 or more bedrooms 2.5
Source: California Government Code Section 65915.

The Sunnyvale City Council amended its density bonus ordinance (Section 19.18.025 of the Zoning Code) on May 25, 2021. The amended ordinance references the requirements of Government Code 65915 through 659 18 and grants the Community Development Director permission to establish guidelines, forms, and submittal requirements for the filing, processing, and consideration of density bonus applications. Such application s are considered concurrent with the accompanying entitlement application for the development project.

The City also provides an additional density bonus of 5 percent for multi -family developments that meet certain voluntary green building measures, described under building code requirements, above.

CONCLUSION
The City complies with State density bonus law and its processing procedures are consolidated with other discretionary approvals and not a constraint on housing development.

Below Market Rate Housing
Sunnyvale’s Below Market Rate (BMR) Program is authorized under the Sunnyvale Municipal Code, Chapter 19.67 (Inclusionary Below Market Rate Ownership Housing Program), Chapter 19.69 (Existing Below Market Rate Rental Housing), and Chapter 19.77 (Inclusionary Below Market Rate Rental Housing).

The Inclusionary Below Market Rate Ownership Housing Program ( Chapter 19.67 ) is applicable to new developments of seven or more ownership units and requires that at least 15 percent of units in ownership developments be affordable to lower- and moderate-income purchasers (up to 120 percent AMI). The homes are priced to be affordable to buyers at 100 percent of AMI and shall be restricted for 30 years. BMR units must be constructed in proportion to the BMR ownership housing requirement applicable to the project. The last market rate unit may not receive a certificate of occupancy until the last BMR unit has received a certificate of occupancy.

An applic ant may request an alternative to satisfy the BMR housing requirement. Such a request is subject to recommendation by the Housing and Human Services Commission and final approval by the City Council.

Alternatives include the following:
▪ An in-lieu fee equal to seven percent of the contract sales price of all units in the project. ▪ A partnership with another developer providing affordable housing units in another project. ▪ Conversion of an existing market rate ownership or rental unit into deed -restricted affordable housing or preservation of an expiring affordable housing development. ▪ Dedication of a parcel of land large enough to accommodate the project’s inclusionary requirement plus 35 percent additional units.

Chapter 19.69 (Existing Below Market Rate Rental Housing) was adopted in 2012, in response to the 2009 Palmer vs. Los Angeles court case. The ordinance applies to existing rental properties that remain subject to BMR Attachment 2

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requirements imposed prior to the Palmer vs. Los Angeles court case based on recorde d developer agreements with terms of 20-55 years.

Also, in response to the Palmer case, the City adopted Chapter 19.75 Housing Impact Fees of the Zoning Code in 2015. The ordinance required that market-rate rental housing construction of four or more units and all new non- residential development pay a housing impact fee to support the development of affordable housing in the city.

Alternatives to the housing impact fee included the provision of on -site affordable units, off -site affordable units, or dedication of land for affordable housing. The City’s Inclusionary Below Market Rate Rental Housing (Chapter

19.77), described below, supersedes the Housing Impact Fee (Chapter 19.75) for residential development .

However, the Housing Impact Fee (Chapter 19.75) remains effective for non-residential development.

In November 2019, the City adopted Chapter 19.77 (Inclusionary Below Market Rate Rental Housing). The chapter applies to new development projects with three or more rental units with a completed application after November 8, 2019. Projects with applications completed on or before November 8, 2019 are subject to the impact fee (Chapter

19.75) described above. Projects subject to Chapter 19.77 are not subject t o Chapter 19.75. The chapter requires that at least 15 percent of the total rental units in a project be affordable. At least 10 percent of total project rental units must be affordable to low -income households (earning less than 80 percent AMI) and at lea st 5 percent of total project rental units must be affordable to very low -income households (earning less than 50 percent AMI).

Inclusionary units must be held affordable for 55 years.

An applicant may request an alternative to satisfy the BMR housing req uirement, subject to recommendation by the Housing and Human Services Commission and final approval by the City Council. Alternatives include the following:
▪ Payment of an in-lieu fee. Small rental housing projects with three to six housing units may choos e to pay the in-lieu fee without City Council approval.
▪ A partnership with another developer providing affordable housing units in another project. ▪ Conversion of an existing market rate ownership or rental unit into deed -restricted affordable housing or preservation of an expiring affordable housing development. ▪ Dedication of a parcel of land large enough to accommodate the project’s inclusionary requirement plus thirty-five percent additional units.

Since Sunnyvale initiated the BMR program in the early 1980s, hundreds of affordable units have been created.

There are currently approximately 575 active BMR ownership units (homes) and approximately 220 active BMR rental units.

In-lieu fees received through the BMR program are paid into the City’s housing mitigation fund. The balance of the BMR fund was approximately $7 million as of FY 20 21-22. This fund includes revenues from BMR administrative fees, fines for violations of the BMR codes, as well as BMR in-lieu fees. The funds are used to support development of affordable units, with a small portion of the funds used to cover BMR program administration.

CONCLUSION
The City met its above moderate -income RHNA for the 5 th cycle, indicating that the inclusionary program has not acted as a constraint on the construction of market -rate housing. The City’s BMR requirements have been successful in ensuring that affordable housing is built in the city. Assembly Bill 1505 (Govern ment Code Section 65850), passed in 2015, authorizes jurisdictions to adopt rental inclusionary housing programs.

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In addition, the City’s BMR program is critical for helping the City comply with its obligation to affirmatively further fair housing by ensu ring that lower -income households have the opportunity to live in Sunnyvale , specifically in areas of high resource. The BMR program also encourages mixed income housing and helps to avoid the concentration of affordable housing in any one area. Rather, it disperses affordable housing throughout the city.

Short -Term Rentals
Short-term rentals are regulated by Chapter 19.76 of the Zoning Code. Hosted short -term rentals are allowed in any residential zoning district, if the host resides on site throughout the lodgers’ stay, the site is the host’s primary residence, and approval was authorized by the Community Development Director. Accessory dwelling units approved on or after January 1, 2020 and new units built under the Dual Urban Opportunity Housing provisio ns, are not allowed to be used as short-term rentals.

CONCLUSION
The restrictions on short -term rentals , which do not allow homes to be converted into permanent short -term rentals, help to protect the City’s housing stock for full time residents and thereby increase the availability of affordable housing in the city.

Zoning for a Variety of Housing Types
Housing element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of various types of housing for all economic segments of the population. This includes multi-family rental housing, factory -built housing, mobile homes, farmworker housing, single-room occupancy housing, emergency shelters , accessory dwelling units, low barrier navigation centers, and supportive and transitional housing.

MULTI-FAMILY RENTAL HOUSING
The City’s Zoning Code allows development of multi -family housing developments in the R -2, R-3, R-4, and R -5 districts. In addition, multi-family housing developments of any size are permitted with approval of a use permit in the C -2 a nd O zoning districts. Multi-family housing is also permitted in the Village Mixed Use designation, Downtown Specific Plan, Lawrence Station Area Plan, El Camino Real Specific Plan and the Peery Park Specific Plan.

Updates to Moffett Park Specific Plan wil l also permit multi -family housing. The City makes no distinction in its zoning provisions between multifamily rental and multifamily ownership housing.

ACCESSORY DWELLING UNITS
Accessory dwelling units (ADUs) (often referred to as “granny units”) allow more efficient use of land and infrastructure in single -family neighborhoods and provide the opportunity for the development of small housing units designed to meet the needs of individuals or families, who may be rental tenants or extended family members, and who would otherwise not typically afford single family housing costs.

To encourage establishment of ADUs on existing developed lots, Sunnyvale has adopted an ADU ordinance consistent with State law that provides for ministerial review of ADUs that meet the standards in the ordinance.

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The City allows ADUs in all residential zoning districts including those within specific plans on lots that contain an existing dwelling or where a dwelling is proposed . The City updated its ADU ordinance in 2020 and permits up to one ADU and one junior ADU per single family lot or up to two detached ADUs per multi -family lot, or 25 percent of the existing number of units in areas not used as livable space in multifamily dwellings. Consistent with State law, the City provides a streamlined ministerial approval process for ADUs if the following criteria are met.

For ADUs within the interior space of a single-family dwelling:
▪ The ADU is located entirely within the interior space of the existing or proposed single -family dwelling, or within the interior space of an existing accessory structure and may include an expansion of not more than 150 square feet beyond the physical dimensions of the existing structure for the sole purpose of accommodating ingress and egress.
▪ The total floor space of the unit is at least 150 square feet. ▪ The unit has exterior access independent from the existing residence. ▪ The side and rear setbacks are sufficient for fire safety and life safety.

For Junior ADUs:
▪ The unit must not exceed 500 square feet gross floor area in size and must be contained entirely within the walls of an existing or proposed single-family dwelling. ▪ The unit may have separate sanitation facilities or may share sanitation facilities with the single -family dwelling. If sanitation facilities are shared, there must be a connecting interior door between the junior ADU and the single-family dwelling.
▪ The unit must include cooking appliances, food preparation counter, sink, and storage cabinets that are of reasonable size in relation to the size of the unit.
▪ The unit shall not be considered a separate or new dwelling for purposes of fire safety or life safety.

For newly constructed, detached ADUs:
▪ Minimum four-foot side and rear-yard setbacks are required; however, setbacks of less than four feet are allowed if the unit is constructed in the same location and to the same dimensions as an existing structure that is demolished for the purpose of constructing the ADU. ▪ The total floor area of the unit is at least 150 square feet gross floor area and not more than 800 square feet gross floor area.
▪ The height of the unit as measured from within five feet of the structure is not more than 16 feet from the ground to the highest point on the roof.
▪ A detached unit must not be located in front of a single-family dwelling or in the required front setback of a multi-family dwelling.

For conversions of interior space within an existing multi-family structure:
▪ An ADU is created within portions of the structure not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, as long as the unit meets building standards for dwellings.
▪ The ADU must not be created within any portion of the habitable area of an existing dwelling unit in a multi- family dwelling structure.

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In addition, the ordinance states that applicants are not required to correct nonconforming zoning conditions as a condition of approval of an ADU that meets the above criteria.

For ADUs that do not meet the above criteria for streamlined approval, a miscellaneous plan permit is required. A miscellaneous plan permit is approved ministerially by the Director of Community Developmen t if the following requirements are met:
▪ The lot contains an existing or proposed single-family dwelling located in the R-0, R-1, R-1.5, R-1.7/PD, R-2, or residential DSP zoning districts.
▪ Only one ADU and on junior ADU is allowed per lot.
▪ The total size of the accessory dwelling unit is no less than 150 square feet gross floor area and no more than 850 square feet gross floor area, or 1,000 square feet gross floor area if the unit has two bedrooms.

However, if the ADU is attached to an existing single -family dwelling, the floor area of the ADU shall not exceed fifty percent of the existing single-family dwelling. ▪ The height of the unit as measured from within five feet of the structure is not more than 16 feet from the ground to the highest point on the r oof, except that an accessory dwelling unit may be located on the second floor of a newly constructed or expanded single -family dwelling that meets the following requirements:
▪ The proposed project meets all requirements of the Zoning Code applicable to sec ond-story construction or additions including, but not limited to, second-floor setbacks and solar shading. ▪ If the entrance to the ADU is above the first floor, it is not on the same building elevation as the entrance to the single-family dwelling.
▪ Minimum four-foot side and rear-yard setbacks are required; however, setbacks of less than four feet are allowed under the following circumstances:
▪ Existing livable space or an existing accessory structure is converted to an accessory dwelling unit or portion of an accessory dwelling unit; or
▪ The accessory dwelling unit is constructed in the same location and to the same dimensions as an existing structure that is demolished for the purpose of constructing the accessory dwelling unit. ▪ A detached unit shall not be located in front of the single-family dwelling.

Correction of non-conforming zoning conditions on the lot may be required before approval of the ADU. In addition, all other zoning requirements must be met, including, but not limited to, lot coverage, required rear yard maximum lot coverage, floor area ratio, open space, and design review, as long as those requirements permit construction of an accessory dwelling unit that is at least 800 square feet gross floor area in size, at least 16 feet in height measured from within five feet of the structure from the ground to the highest point on the roof, with at least four -foot side and rear setbacks, and which complies with all other applicable development standards.

Consistent with State law, no impact fees are required of ADUs less than 750 square feet in size. The City also only applies owner occupancy requirements to lots containing junior ADUs. For lots containing standard ADUs, the City’s ADU ordinance identifies owner occupancy requirements for applications received after January 1, 2025.

The City’s ADU standards are consistent with State law and do not serve as a constraint to their development. The City has seen a significant increase in recent ADU production. Since 2018, the City has issued an average of 37 ADU permits annually, compared to the 2015-2017 annual average of 4 ADU permits per year. In addition, the Housing Element includes programs to support further development of ADUs.

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SENATE BILL 9 DUAL URBAN OPPORTUNITY HOUSING
Senate Bill ( SB) 9, signed into law in 2021, requires ministerial approval of a housing development with no more than two primary units in a single -family zone, the subdivision of a parcel in a single -family zone into two parcels, or both. This bill facilitates the creation of up to four housing units on a lot typically used for one single-family home.

In compliance with SB 9, the City allows dual urban opportunity (DUO) housing in the R-0, R-1, R-1.5, R1.7/PD, R-2 zoning districts and on residential blocks in the DSP. Urban lot splits (ULS) are subject to the standards established in Chapter 18.26 of the Zoning Code. DUO units are subject to the standards in Chapter 19.78 of the Zoning Code and shown below in Table 6-3640. DUO Units with an ULS are required to pay the Park-in-lieu fee, which was raised as a concern from stakeholders commenting on the Draft Housing Element. The City has included an implementation program in the Housing Element to review the Park -in-lieu fee and consider reductions for DUOs involving ULS.

Table 6-3740: Requirements for Dual Urban Opportunity Units DUO Unit(s) without an ULS DUO Unit(s) with an ULS
Approval
Planning Approval (Miscellaneous Plan Permit) Yes Yes
Tentative Parcel Map No Yes
Parcel Map No Yes
Building Permit Yes Yes
Encroachment Permit Yes1 Yes1
Location
Minimum lot size n/a At least 40% of the original lot
size or 1,200 sq. ft. or (whichever
is more)
Are ADUs allowed Yes No2
Zoning R-0, R-1, R-1.5, R1.7/PD, R-2, residential blocks DSP First Story Side/Rear Setback 4 ft. 3
Front Setback First-story: Per SMC Requirements of underlying zoning district Second-story: 25 ft.

Subject to other zoning standards (e.g. FAR, lot
coverage, height limits)
Yes4
Subject to applicable building standards Yes
Dimensions
Minimum size No minimum
Maximum size 45% FAR or 3,600 sq. ft. (whichever is less) 4,5 Maximum height 30 ft.6
Minimum Parcel Dimensions n/a 40 ft. in either width or depth7 Minimum Flag Lot “Pole” Width (access to right-
of-way)
n/a 10 ft.

Facilities
Parking for DUO unit(s) One covered parking space per DUO unit8 Independent exterior access Required for each DUO unit
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DUO Unit(s) without an ULS DUO Unit(s) with an ULS
Independent kitchen Required for each DUO unit
Independent bathroom Required for each DUO unit
Interior connection to another DUO unit Not permitted
Other Requirements
Owner-Occupancy9 Not required Affidavit required
Utility connections Separate connection required per DUO unit Electrical Panel Separate panel required per DUO unit
Fire Sprinklers Required for new DUO units
Front Yard Paving No more than 50% of the required front yard shall be paved Design Standards Compliance required per SMC Section 19.78.050 Short-term rental Not allowed for new DUO units
Transportation impact fee Required
Park in-lieu fee Not required10 Required
School impact fees Required – collected by applicable school district Notes: DUO = Dual Urban Opportunity; ULS = Urban Lot Split; SMC = Sunnyvale Municipal Code; n/a = not applicable. 1 An encroachment permit is required for any work in the public right-of-way. 2 If only one DUO unit is proposed per new lot, one ADU may be allowed in conjunction for a total of 2 units per new lot per SMC Section

19.79.020(h) and/or Section 19.78.040(b)(1).
3 Rear and Side setbacks of less than four feet may be allowed for a new DUO unit if replacing an existing permitted structure and constructed in the same location and to the same dimensions (SMC Section 19.78.040(d)(1)). Second story side/rear setback requirements exceed 4 ft. in the rear yard.
4 DUO units are subject to all applicable objective development, design, and subdivision standards unless it is not possible to build DUO unit(s) that are at least 800 sq. ft. with four-foot side and rear yard setbacks within those parameters. 5 50% FAR or 4,000 sq. ft. (whichever is less) may be achieved if at least three findings from SMC Section 19.78.040(2) are met. 6 Height is limited to 17 feet in the rear 20 feet of the property. 7 Exclusive of any required access to the right-of-way. 8 Parking is required at a rate of one covered space per DUO unit unless exempt by SMC Section 19.78.040(i)(3). If parking is proposed, even on an exempted lot, it must be constructed per the requirements of SMC Section 19.46.050. 9 When an ULS is proposed, the property owner must sign an affidavit that states they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. 10 Park in-lieu fees will be required on non-ULS projects that will be separately conveyed (sold separately) and require a condo map.

MANUFACTURED HOUSING/ MOBILE HOMES
Section 65852.3 of the California Government Code requires jurisdictions to administratively allow manufactured homes on lots zoned for single -family dwellings if they meet certain standards. Consistent with this requirement, Sunnyvale permits mobile homes on a permanent foundation for use as a single -family dwelling in R -0, R-1, R-2, and R-3 zone districts.

Mobile homes are an important source of affordable housing in Sunnyvale. Sunnyvale has 13 mobile home parks containing 3,862 mobile home units. The City has established a designated mobile home park zoning district and has adopted a policy to maintain a minimum of 400 acres of mobile home park zoning. The City also has a General Plan land use designation of Mobile Home.

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The City’s Mobile Home Park Conversion Ordinance (Chapter 19.72) ensures that the adverse social and economic impacts of any mobile home park conversion on displaced residents are identified and mitigated through adequate notice, reasonable relocation , and other assistance. The ordinance requires that property owners complete a Conversion Impact Report for review and approval by the City Council before any park conversion is approved. The Conversion Impact Report must define and address the social and economic impacts that the conversion would have on displaced residents and mo bile homeowners. The Conversion Ordinance also requires that the property owner provide displaced residents with relocation assistance.

The City’s 2020 Housing Strategy include s an analysis of mobile home park housing issues as well as potential strategies for addressing mobile home park housing needs. This Housing Element includes a program to review and implement strategies including a memorandum of understanding that sets rent increase limits.

FARMWORKER AND EMPLOYEE HOUSING
According to the 2019 5-Year American Community Survey of the Census Bureau, 144 Sunnyvale residents were employed in agriculture, forestry, fishing and hunting, and mining occupations, representing less than 0.2 percent of the City’s population. It is unknown if most of these residents were employed as farmworkers. According to the U.S. Department of Agriculture (USDA) Census of Farmworkers, the number of permanent farmworkers in Santa Clara County in 2017 was 2,418 and the number of seasonal farmworkers i n 2017 was 1,757. The City does not have an agricultural zoning district. All residential and industrial zoning districts require approval of a use permit for agricultural homes, buildings, and uses.

There are no farms in the city known to currently emplo y farmworkers (i.e., other than the landowner’s family members or volunteers). The City owns two demonstration orchards which are farmed on the City’s behalf by a local resident (who has adequate housing). However, many farmworkers live in cities and commute to agricultural areas to work. Farmworkers in Sunnyvale are likely to have similar housing needs as very low or extremely low income households rather than the needs of traditional migrant workers. This is because today’s farmworkers are more settled and typically live in one location, rather than following the crops. Per the USDA, today’s farmworkers can commute up to 75 miles to the workplace. They are also more likely to have families and are looking for schools, employment for a spouse/partner and a location to live in that provides a community. Because of this, they will benefit from the existing affordable housing programs in Sunnyvale including the BMR program and Housing Choice Vouchers.

The California Health and Safety Code Section 17021.5(b) requires that employee housing providing accommodations for six or fewer are treated the same as any other single family home. A single-family unit housing employees in Sunnyvale would be treated like any other single-family unit. While there are no provisions in the City’s code to restrict employee housing for six or fewer employees, the Zoning Code does not explicitly allow them as a permitted use. The Housing Element includes a program to amend the Zoning Code to explicitly comply with this requirement of state law.

SINGLE ROOM OCCUPANCY UNITS
Single room occupancy (SRO) residences are small, one room units (generally 100 -250 square feet) occupied by a single individual and may either have shared or private kitchen and bathroom facilities. SROs can provide an entry point into the housing market for extremely low income individuals, formerly homeless and disabled persons.

The City permits SROs with a use permit in the R-4, R-5, C-2, C-3, MS, and M-3 zoning districts. In addition, the City permits SROs with a special development permit in the LSAP residential and mixed use districts, the ECR-MU district, as well as some DSP sub-districts. The City’s Zoning Code establishes standards for both SRO living unit facilities and SRO residential hotels. A conditional use permit may be issued for an SRO living unit facility or SRO residential hotel if the following criteria are met:

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▪ Individual SRO residential hotel units may not have separate external entryways; ▪ The SRO residential hotel must have a managem ent plan approved by the director of community development. The management plan shall contain management policies, operations, rental procedures, maintenance plans, staffing needs and security procedures. An on -site twenty -four hour manager is required in every SRO residential hotel. The rental procedures must allow for both weekly and monthly tenancies and specify deposit requirements for each type of tenancy. A manager’s unit shall be a complete dwelling unit and so designated on all plans;
▪ Laundry facilities must be provided in a separate room, at the ratio of one washer and one dryer for every twenty units or fractional number thereof. The laundry facility must be located near the interior common space. Washers and dryers may be coin operated;
▪ A closet and separate storage space, as approved by the director of community development, is required in every SRO residential hotel room;
▪ A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water must be provided on each floor of the residential hotel building; ▪ The SRO residential hotel shall provide interior common space at a minimum of four square feet per unit.

The SRO residential hotel shall provide a minimum of two hundred square feet of interior common area.

In addition, an SRO living unit must also meet the following criteria:
▪ Excluding the closet and the bathroom area, an SRO living unit must be a minimum of one hundred fifty square feet in floor area. The average unit size in a living unit facility shall be no greater than two hundred seventy-five square feet and no individual living unit may exceed four hundred square feet. ▪ Each SRO living unit shall be designed to accommodate a maximum of two persons. ▪ An SRO living unit may contain partial kitchen facilities; An SRO residential hotel must also meet the following criteria:
▪ Excluding the closet and any bathroom space, an SRO residential hotel unit must be at least seventy square feet in floor area.
▪ An SRO residential hotel room designed to accommodate a m aximum of one person shall not exceed one hundred fifty square feet in floor area, and an SRO residential hotel room designed to accommodate a maximum of two persons shall be between one hundred twenty and two hundred nineteen square feet in floor area.
▪ An SRO residential hotel unit may contain partial kitchen and bath facilities. If individual bath and/or kitchen facilities are not provided, common bath facilities and/or common laundry and kitchen facilities must be provided in accordance with Chapter 16.16 of the Zoning Code.

The City’s maximum occupancy restrictions have the potential to conflict with California B uilding Code requirements. The Housing Element includes a program to review and revise the SRO ordinance to remove maximum occupancy restrictions, as necessary, and to expand the zoning districts where SROs are permitted.

Following adoption of the City’s SRO ordinance in 1991, Sunnyvale issued a Request for Proposals for construction of an SRO on a City -owned site in the downtown, to provide housing for workers in service -sector jobs, as well as for seniors and disabled individuals. Mid -Pen Housing Corporation was selected as the developer and leveraged City funds with six other public and private funding sources to achieve development of the 122 -unit Carroll Inn.

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Twelve of the Carroll Inn units are fully accessible, and rents range up to $1,600 per month and are affordable to residents with lower incomes.

A second SRO, Borregas Court, was also developed under Sunnyvale’s SRO ordinance. This 193 -unit SRO is located just outside of downtown. Rents at Borregas Court were approximately $1,025 to $1,400 per month in 2020, which are affordable to very low -income residents (50 percent AMU) and low -income residents (60 percent AMI) . The property is managed by the non-profit EAH.

TRANSITIONAL AND SUPPORTIVE HOUSING
Transitional housing is temporary housing (generally six months to two years) for a homeless individual or family transitioning to permanent housing. Residents are also provided with one -on-one case management, education and training, employment assistance, mental and physical services, and support groups. Government Code Section 65583(c)(3) requires transitional housing and supportive housing to be treated the same as any other residential use within the same zone. Sunnyvale considers transitional housing the same as any other type of housing, and thus the revi ew and approval process is the same. The Zoning Code defines transitional housing as a dwelling, and depending on the physical characteristics of the facility as a single -family or multi -family structure, permits transitional housing as a residential use within single-family zones, or within multi-family and commercial zones.

Supportive housing is generally defined as permanent, affordable housing with on-site services that help residents transition into stable, more productive lives. Services may include childcare, after -school tutoring, career counseling, etc. Similar to transitional housing, the Zoning Code regulates supportive housing as a residential use, and depending on the physical characteristics of the facility as a single -family or multi -family structure, permits transitional housing as a residential use within single-family zones, or within multi-family and commercial zones.

Government Code Sections 65650 et seq. states that supportive housing with no more than 50 units and meeting certain standards is a use by right in zones where multifamily housing is permitted. This means that such supportive housing is exempt from CEQA and may only be subject to design review . A qualifying project must be restricted to lower income households and at least 25 percent of the units, or 12 units, whichever is greater, must be restricted to formerly homeless persons or those at risk of homelessness.

This Housing Element includes a program providing that the City will amend the Zoning Code to allow ’by right’ approval of supportive housing meeting the standards in the statute in zones permitting multifamily housing .

However, even without an ordinance revision, the City is required to review any qualifying projects ‘by right.’

EMERGENCY SHELTERS
Pursuant to State housing law ( California Government Code Sections 65582, 65583, and 65589.5) , jurisdictions must identify at least one zone where emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. The identified zone must have sufficient capacity to accommodate the shelter need, and at a minimum provide capacity for at least one year -round shelter. Permit processing, development standards, and management standards for emergency shelters must be object ive and facilitate the development of, or conversion to, emergency shelters.

The Sunnyvale Zoning Code allows emergency shelters as a permitted use in the City’s industrial zones with the “place of assembly” combining district (“MS -POA” zones), based on c ode amendments adopted in 2010. Shelters are also allowed in industrial zones without the POA combining district with a use permit. Shelters are subject to the same development and management standards as any other permitted uses in the zone.

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Sunnyvale City CouncilDecember 12, 2023

Sunnyvale City Council
December 12, 2023