DRAFT 9/27/2024 _____
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Council Agenda:
Item No.:
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SUNNYVALE AMENDING SECTION 19.36 (EL CAMINO
SPECIFIC PLAN DISTRICT) OF ARTICLE 3 (ZONING
DISTRICTS, USE AND RELATED DEVELOPMENT
REGULATIONS) OF TITLE 19 (ZONING) OF THE SUNNYVALE
MUNICIPAL CODE, CREATING COMMERCIAL ALLOWANCES
FOR AFFORDABLE HOUSING DEVELOPMENTS
WHEREAS, the El Camino Real Specific Plan (ECRSP), adopted in 2023, includes several sites that were intended to redevelop from commercial/retail use to mixed use housing and commercial/retail; and
WHEREAS, the Housing Element of the City of Sunnyvale provides that the City will adopt a program to reduce or eliminate the commercial requirement for sites zoned mixed use in the El Camino Real Specific Plan area for affordable housing developments; and WHEREAS, the program was planned for completion by the end of 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. SECTION 19.36.090 AMENDED. Section 19.36.090 (Minimum Ground Floor Commercial Area in Mixed-Use Development) of Chapter 19.36 (El Camino Real Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
§ 19.36.090. Minimum ground floor commercial area in mixed-use development. (a) Each mixed-use development (including both office and residential mixed-use developments) shall be subject to devoting a portion of the ground floor area to a commercial use.
(b) The minimum ground floor commercial area requirements for mixed-use developments are listed in Table 19.36.090.
Attachment 2
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Council Agenda:
Item No.:
Table 19.36.090
Minimum Ground Floor Commercial Area Requirements for Mixed-Use Development Minimum Net Lot Area Minimum Required Commercial Area, whichever is greater
50,000 sq. ft. 7,000 sq. ft.[1][2][3]
50,001-100,000 sq. ft. 10,000 sq. ft.
100,001-150,000 sq. ft. 20,000 sq. ft.
150,001-200,000 sq. ft. 30,000 sq. ft. 75% of El Camino Real frontage length x 50200,001-300,000 sq. ft. 40,000 sq. ft. 300,001-400,000 sq. ft. 50,000 sq. ft.
400,000 sq. ft. 60,000 sq. ft.
[1] If the floor area values/calculations presented above yield a value that is over 20% 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% 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.
[3] Developments with more than 50% of the total units that are affordable to lower income households have an adjusted minimum commercial requirement, as established by resolution of the city council.
Attachment 2
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Council Agenda:
Item No.:
SECTION 2. SECTION 19.36.100 AMENDED. Table 19.36.100 B (Development Requirements for Mixed-Use Development) of Chapter 19.36 (El Camino Real Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Table 19.36.100B
Development Requirements for Mixed-Use Development
Requirement
Standard Node Segment
1. Through/Furniture Zone Width (New Right-of-
Way)[1]
El Camino Real Frontages: 13 feet
All Other Frontages: 11 feet
2. Frontage Zone Setback (Build-to Line)[2]
15 feet
3. Minimum Percentage of Building Frontage at
Build-to Line
80% 60%
4. Minimum Side/Rear Yard Setback (From Lot Line
Shared with Another ECRSP Area Property)
0 feet
5. Minimum Side/Rear Yard Setback (From Lot Line
Shared with a Non-Plan Area Property)
10 feet
A1. Maximum Building Height 75 feet (Subject to Daylight Plane requirements)
55 feet (Subject to Daylight
Plane requirements)
A2. Maximum Building Height (if first floor retail
space has a minimum 25-foot ground floor plate
height)
85 feet (Subject to Daylight
Plane requirements)
65 feet (Subject to Daylight
Plane requirements)
B1. Stepback Applied to 5th story and
above
Applied to 4th story and
above
B2. 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
C. 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
D. Minimum Ground Floor Active Use Area[3][4] Multiply length (linear feet) of ground floor building frontage at build-to line x 20 feet
E. Maximum Ground Floor Finish Level Above
Sidewalk 6 inches (Commercial)
3 feet (Residential)
F1. Minimum Ground Floor Plate Height
(Commercial)
18 feet 16 feet
[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 as identified in ECRSP Chapter 6. [3] Subject to requirements outlined in Section 19.36.110. [4] Developments with more than 50% of the total units that are affordable to lower income households have an adjusted minimum commercial requirement and active use area, as established by resolution of the city council.
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F2. Minimum Ground Floor Plate Height (Residential) 10 feet G1. Minimum Daylight Plane Angle (From Lot Line
Shared with a Non-Plan Area Property)[4][5]
45 degrees
G2. Minimum Daylight Plan Angle (From Lot Line
Shared with a Non-Plan Area Property in a Non-
Residential Zoning District)
60 degrees
[4]
[5] Daylight plane is a component of the allowable building envelope, which is measured from the point at grade along any side or rear yard lot line shared with a non-Plan Area property. The daylight plane requirement applies to all new development in the ECR-C, ECR-MU, ECR-O, ECR-PF, ECR-R3, and ECR-R4 zoning districts, including residential-only or commercial-only developments, on parcels identified in ECRSP Chapter 4.
Attachment 2
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Council Agenda:
Item No.:
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 thirty (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 Introduced at a regular meeting of the City Council held on ________, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ______________, 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
City Attorney
Attachment 2