SUBJECT: 1999-1009 - Restructure of Title 19 (Zoning)-(9199)

In 1997 the City Council adopted a workplan for the restructure of Title 19 (Zoning) of the Sunnyvale Municipal Code. The purpose of the restructure was to make the document more "user friendly" as the document had not been reviewed in its entirety since its original adoption in 1963. The workplan called for a two-phase approach to the restructure. Phase I deals solely with a reorganization of the existing document and does not consider policy issues. Phase II will specifically address any policy areas that are identified during Phase 1.

The purpose of this report is to present the restructured document. The report discusses the overall strategy used in the restructure and highlights areas of significant change. The report also provides a list of issues that have been identified through the process of completing Phase I which staff recommends for consideration during Phase II.

At its public hearing of September 13, 1999, the Planning Commission recommended approval of the project and added two additional items for consideration in Phase II.

A workplan for the Restructure of Title 19 (Zoning) was part of the 1997 Study Issues Calendar (Attachment A). The workplan was intended to determine how best to undertake a redesign of the Zoning Code to make it more "user friendly".

On November 24, 1997 the Planning Commission recommended approval of the proposed workplan (Attachment B) and that the City Council adopt the plan beginning with Phase I. On December 9, 1997 the City Council adopted the proposed workplan for the restructure of Title 19. The workplan subdivides the restructure into a 2-phase process. Phase I, currently under consideration, deals solely with a reorganization of the existing document. No policy issues were considered during this initial Phase.

On February 23, 1998 the Planning Commission reviewed the proposed Draft Table of Contents for the new document. In March, April and May of 1999, the Planning Commission held a series of study sessions on various chapters and the expanded use of tables.

On June 15, 1999 a joint study session with the City Council and Planning Commission reviewed the overall form and content of the document.

On September 13, 1999 the Planning Commission held a public hearing on Phase I of the project (See Minutes Attachment D). Following general questions on format by the Commission, the hearing was opened for public participation. No public testimony was offered. The Planning Commission moved to approve the project (7-0) with the following recommendations:

1. Phase II of the project to revisit the Tables in Chapters 19.18, 19.20, 19.22, 19.24 and 19.28 to complete those cells that are currently occupied by a dash (-);
2. Add a reference directing the reader to the end of the chapter in those sections where tables do not immediately follow the text.

Title 19 "Zoning" of the Municipal Code serves to protect and promote public health, safety and general welfare. To accomplish this, the Title establishes the General Plan, and creates Zoning Districts and specific regulations which detail the use and development of all real property in the City. From issues such as permitted uses to parking requirements to adult entertainment to signs, the Zoning Code (as Title 19 is commonly referred to) affects the property and lives of every citizen in the City of Sunnyvale.

The purpose of the restructure of Title 19 is to make the document more accessible and comprehensible. Phase I establishes a new format, clarifies vague language, and eliminates the redundancy found in the existing document.

The adopted workplan for the restructure of Title 19 determined that Phase I of the project would establish a new structure, clarify vague language, and eliminate the redundancy found in the existing document. Phase I would also serve as an opportunity for decision-makers to identify policy areas that would be considered in the following phase(s).

The scope of Phase I of the restructure of Title 19 includes:

Organizational structure.

Clarification.

Phase II will specifically address any policy areas that are identified during Phase 1. A preliminary list of potential discussion items for Phase II can be found in the "Phase II" section of this report (Page 6 of 9). A detailed workplan will be prepared for Phase II prior to its consideration and initiation.

PHASE I

As already noted, the intent of Phase I of the restructured Zoning Code was to reformat and reorganize the content of the existing title into a more "user friendly" document (Attachment D). The process employed to accomplish this goal involved close collaboration between the Office of the City Attorney and the Community Development Department. The major steps to the process were:

1. A list of sections and chapters in need of restructure was agreed to by the Community Development Department and Office of the City Attorney.
2. Planning Division staff analyzed the individual sections and chapters and drafted proposed revisions. Staff’s work included consultation with other individuals, departments or agencies as required. Model ordinances and relevant literature were reviewed.
3. Community Development Department management reviewed staff’s proposal. Comments and corrections were incorporated as directed.
4. Numerous revised drafts were reviewed by the Office of the City Attorney. Comments and corrections were incorporated.
5. The proposed final draft was reviewed by the Director of Community Development.
6. Public participation efforts included published notice, mailed notification and posting announcements on the Internet and various City publications.
7. The public hearing process includes review and action by the Planning Commission and City Council.

TABLE OF CONTENTS

Development of the Draft Table of Contents began with a review of current theories and practices from planning organizations and consulting firms specializing in the preparation of such documents on the "ideal" zoning code structure. Current emphasis on such complex documents has shifted toward formats that make it easier for the reader to locate desired information. In addition, document structure commonly considers ease of electronic access as a growing number of users access such documents through cyberspace. Hundreds of zoning codes are currently available on the Internet from jurisdictions throughout the country. Staff reviewed the table of contents for many of these.

The general strategy proposed in the Draft Table of Contents subdivides the document into six articles.

• ARTICLE 1-GENERAL PROVISIONS. This Article covers the adoption of Title 19 and the General Plan. Official Plan Lines and Landscape Easements along El Camino Real are citywide items and are also included in this Article.
• ARTICLE 2-DEFINITIONS. Definitions have been substantially expanded.
• ARTICLE 3-ZONING DISTRICTS,USES AND RELATED DEVELOPMENT REGULATIONS. This Article establishes the City’s Zoning Districts, identifies permitted and prohibited uses within those districts and outlines development standards unique to a specific zone.
• ARTICLE 4-GENERAL DEVELOPMENT STANDARDS. This Article discusses development standards that apply to several or all zones.
• ARTICLE 5-SPECIAL HOUSING ISSUES. This Article identifies unique housing related issues (e.g. Below Market Rate program, condominium conversions and mobile home parks).
• ARTICLE 6-DISCRETIONARY PERMITS AND PROCEDURES. This Article discusses various permits and procedural requirements (e.g. Use Permits, Special Development Permits and Miscellaneous Plan Permits).

This method of organization reflects current approaches used by other communities by grouping related chapter material in one place. This approach greatly facilitates access by the incidental user who commonly has only a general idea of what they are looking for. Well known terms such as zoning, permitted uses and permits are used in the article titles to "catch the eye".

EXPANDED USE OF TABLES

Significant sections of information provided as text in the original document have been converted to tables. The use of tables will presumably make it easier for the reader to access data and provides a visual outline of information that simple text cannot provide. New tables within the restructured document include:

• Land use and process requirements by zone are found in Chapters 19.18 (Residential zones), 19.20 (Commercial zones), 19.22 (Industrial zones), 19.24 (Office, Public Facilities and Civic Center zones) and 19.28 (Downtown Specific Plan);

• A table that identifies processing requirements for telecommunication facilities has been added to Chapter 19.54;

• Landscape and usable open space requirements are now provided in a table located in Chapter 19.38;

• Parking requirements by land use are located in a new table found in Chapter 19.46.

In addition to the new tables noted above, all of the tables included in the original document have been updated and improved.

PLANNING COMMISSION REVIEW

The Planning Commission held a series of study sessions on the restructured document in the spring of this year. The Commission’s review focused on the use of tables in Chapters 19.18, 19.20, 19.22 and 19.24. These tables represent a significant departure from the existing form of Title 19 which currently utilizes text to describe permitted uses and process requirements by zone.

The use of tables in these chapters highlighted the fact that, as the document is currently written, there are many types of uses that are not clearly stated as "permitted", or "not permitted" in a given zone. These "empty cells" could lead to some confusion and an attempt was made to determine if the tables could, or should, be completed as part of Phase I. As part of its review of the tables, the Planning Commission reached unanimous agreement on a few cells in Chapter 19.18. It became clear, however, that to fill-in all of the cells would be a significant project well beyond the scope of Phase I. Planning staff concurs with the Commission on the few changes proposed by the Commission and recommends that these entries become permanent.

The Planning Commission also recommended that cells within the tables that were to be left empty be designated in some way to clarify what these empty cells mean. A dash (-) has been entered in these cells clarifying that staff will determine whether the use is allowed and the type of permit required based upon the specifics of the situation.

As part of their action on Phase I of the project at its public hearing of September 13, 1999, the Planning Commission recommended that these tables be reviewed as part of Phase II. Each of the cells occupied by a dash would be analyzed to determine if another prompt would be more appropriate

Another recommendation to come out of the Planning Commission review earlier this year relates to Chapter 19.98 "General Procedures". As discussed in the "Table of Contents" section of this report, Article 6 incorporates chapters on permits and procedures. Chapter 19.98 incorporates general process requirements that apply to the other chapters in the Article. The Planning Commission recommended that the other ten chapters in the Article reference Chapter 19.98 to ensure that the reader is aware that additional process requirements may be located there. The recommended reference has been incorporated into all of the chapters in Article 6.

INCORPORATION OF LATEST ZONING CHANGES

A number of recent actions by the City Council to amend Title 19 have been incorporated into the restructured document. These recent changes include:

• Revised development standards for R-4 and R-5 zoned properties. These changes include building height and lot coverage (Chapter 19.32), front and rear yard setbacks (Chapter19.34), useable open space and landscaping (Chapter 19.38), elevators (Chapter 19.38), and prewiring (Chapter 19.38).

• An additional item related to R-4 and R-5 zoned properties was direction to provide incentives for underground parking. Staff determined that the granting of additional building height (to match the depth of underground parking, not to exceed five feet) would serve as an initial incentive (Chapter 19.46). Because the direction to provide such incentives was specific to the R-4/R-5 study, the incentive has not been applied to R-3 zoned properties. Since R-3 is considered a multiple family zone, similar to R-4 and R-5, the Commission and/or City Council may wish to direct staff to include the incentive for underground parking for R-3 zoned properties.

• Revised childcare processing requirements and definitions. Processing requirements are noted in the tables located in Chapters 19.18. 20, 22 and 24. Definitions are found in Chapter 19.12.

• Revised standards for accessory living units which have been incorporated into Chapter 19.68.

PHASE II

The adopted workplan for the restructure of Title 19 envisioned a multi-phase process where potentially controversial policy issues would follow a general reformatting of the document. During the development of Phase I (general reformatting phase), numerous policy areas were identified that might be considered for Phase II of the project. Potential issues include:

• Consideration of the elimination of Design Permits (Chapter 19.86). There appears to be considerable overlap and redundancy between Design Permit and Use Permit requirements. In addition, many items currently requiring a Design Permit can be handled through the Design Review process.
• Consideration of the revision or elimination of Mobile Vendor Permits (Chapter 19.80). The City receives very few Mobile Vendor Permit request and such businesses compete with established businesses.
• Revise violation standard for Mobile Vendor Permits from a violation (a criminal action) to an administrative citation.
• Consolidation of "Findings". The "Findings" required of the City’s various permit processes are, in many cases, very similar but not identical. It may be possible to streamline the document and consolidate required findings.
• Revise "Variance" Findings. The findings for the granting of a variance are quite unique and Section 65906 of the State "Planning, Zoning and Development Law" provides guidance as to the conditions under which a variance may be granted. The City’s variance findings are somewhat dated and could be revised.
• Elimination of the requirement for the installation of conduit as an alternative to undergrounding utilities (Chapter 19.38). Information from PG & E suggests that conduit installed for the purpose of future undergrounding is virtually never used as intended due to changing requirements over time.
• Review of requirements for the installation of impervious surfaces for all vehicle access and parking. Non-point source issues related to water quality suggests that stable, permeable surfaces could be considered in certain situations.
• Review of requirement for the installation of concrete curbs around all landscape areas. Landscape curbs help to define and contain landscape areas but also limits the use of such areas for the percolation of runoff from parking lots and drive isles.
• New Chapter 19.82 currently requires review by the Planning Commission of certain signs when in association with large commercial development. Historically, the Planning Commission has assigned this task to the Director of Community Development.
• Revise or relocate Chapter 19.08 "Grant of Easements along El Camino Real and Mathilda Avenue". This chapter essentially establishes authority by the City to secure landscape easement along El Camino Real and Mathilda Avenue. It may be possible to significantly shorten, relocate or eliminate this chapter.
• Analyze the Tables in Chapters 19.18, 19.20, 19.22, 19.24 and 19.28 to complete those cells that are currently occupied by a dash (-) (recommended by the Planning Commission at its hearing of 9-13-99);
• Add a reference directing the reader to the end of the chapter in those sections where tables do not immediately follow the text (recommended by the Planning Commission at its hearing of 9-13-99).

Staff recommends that the Council select topics for Phase II and that it be a continuing Study Issue for 2000. Alternatively, Phase II could be considered as a new item in 2000.

CONVERSION TABLE

A conversion table has been developed which provides specific reference to where material in the existing Title 19 now appears in the restructured document (Attachment C).

FORMAT

Numerous format options were considered for the restructure of Title 19. The format presented was selected in order to maintain consistency with the appearance and function of the other titles in the Municipal Code, but is modified from the current format.

No fiscal impact will result from this project.

An announcement for the public hearings for the restructure of Title 19 was published in The Sun newspaper and mailed to a wide-ranging list of those who may be interested in the restructure of Title 19 including: various City boards and commissions; selected facilities managers; Sunnyvale Chamber of Commerce; Building Industry Association; Joint Venture: Silicon Valley; Silicon Valley Manufacturing Group; and, local, regional and State agencies. Announcements have been published in various City publications and on the Internet.

This item was considered by the Planning Commission at a regularly scheduled public hearing on September 13, 1999. The minutes from the meeting are attached (Attachment D). The Planning Commission discussed the item and recommended that the City Council adopt the restructured Title 19 and added two addition items for consideration in Phase II. The vote was 7-0.

1. Adopt the restructured Title 19 of the Sunnyvale Municipal Code.
2. Adopt the restructured Title 19 of the Sunnyvale Municipal Code with modifications.
3. Do not adopt the restructured Title 19 of the Sunnyvale Municipal Code.
4. Direct staff to prepare a continuing study issue for policy items listed in the report.

Alternatives 1 and 4.

Prepared by:

Fredrick Bell
Principal Planner

Reviewed By:

Trudi Ryan
Planning Officer

Reviewed By:

David S. Boesch, Jr.
Director, Community Development

Approved by:

Robert S. LaSala
City of Sunnyvale, Manager

1. Propose Council Study Issue
2. Workplan to Restructure Title 19 (Zoning) of the Sunnyvale Municipal Code.
3. Conversion Table
4. Planning Commission Draft Minutes of September 13, 1999
5. Restructured Title 19 of the Sunnyvale Municipal Code