T-CDD-230145/72238 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SUNNYVALE AMENDING CHAPTER 19.73 (BY-RIGHT
APPROVAL) OF ARTICLE 6 (SPECIAL HOUSING ISSUES)
OF TITLE 19 (ZONING) OF THE SUNNYVALE MUNICIPAL
CODE.
THE CITY COUNCIL OF THE CITY OF SUNNYVALE FINDS AND DECLARES AS FOLLOWS:
WHEREAS, provisions of the California Government Code require that certain uses be approved as a “use by right” as defined in Government Code Section 65583.2(i); and WHEREAS, the Housing Element of the City of Sunnyvale provides that the City will adopt an amendment to its zoning code providing for by-right approvals as required by state law; and WHEREAS, on January 30, 2024, the City Council adopted an urgency ordinance (Ordinance No. 3222-24) and on February 6, 2024, the City Council adopted a regular ordinance (Ordinance No. 3223-24) adding Chapter 19.73 (By-Right Approvals) to the Sunnyvale Municipal Code; and WHEREAS, the California Department of Housing and Community Development notified that City on February 12, 2024, that the City must make certain changes to the By-Right Approvals ordinance before the City’s Housing element can be certified;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. SECTION 19.73.020 AMENDED. Section 19.73.020 (Eligibility) of Chapter
19.73 (By-Right Approval) of Article 6 (Special Housing Issues) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended as follows.
19.73.020. Eligibility.
The following housing development projects are eligible for by-right zoning approval. (a) (1) [Text unchanged]
(2) [Tex t unchanged]
(3) The hou sing development does not require a subdivision as defined in title 18 of this code or applicable state law.
(b) – (c) [Text unchanged]
DRAFT 2/15/24__________
Attachment 2
T-CDD-230145/72238 2
SECTION 2. SECTION 19.73.030 AMENDED. Section 19.73.030 (Permit requirements) of Chapter 19.73 (By-Right Approval) of Article 6 (Special Housing Issues) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended as follows.
19.73.030. Permit requirements.
(a) An applicant for a housing development project eligible for by-right zoning approval shall submit a ministerial miscellaneous plan permit for approval of the design pursuant to section 19.82.020(b). No discretionary permit or approval is required.Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act.
(b) Affordable units in the project shall comply with the requirements of chapter 19.67 (Inclusionary Below Market Rate Ownership Housing Program) or chapter 19.77 (Inclusionary Below Market Rate Rental Housing) as applicable.
SECTION 3. CEQA. The adoption of this ordinance does not require environmental review under the California Environmental Quality Act (CEQA) because it implements a state-mandated program and is therefore not a discretionary action subject to CEQA. (Public Resources Code Section 21080(b)(1), CEQA Guidelines Sections 15268, 15357.)
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect 30 days after adoption.
SECTION 5. PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper for publication of legal notices of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance Attachment 2
T-CDD-230145/72238 3
Introduced at a regular meeting of the City Council held on March 19, 2024 and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on March 26, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
DAVID CARNAHAN
City Clerk
Date of Attestation: _______________________
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
_______________________________________
REBECCA L. MOON
Interim City Attorney
Attachment 2