1. Purpose of study (3 minutes)
2. Staff Recommendation (2 min)
3. Factors in Analysis (5 min)

• Types of businesses
• Land uses
• Condition of buildings
• Housing Goals

1. Other Alternatives (5 min)
2. Questions and comments

Information on Industrial Rezoning Study Issue
Joint Study Session
October 9, 2001

The Futures Study, completed in 1993, affirms Sunnyvale’s commitment to addressing regional issues, improved jobs/housing ratios, commercial development, less congested transportation systems and better air quality.

Six industrial areas were rezoned with an Industrial to Residential (ITR) combining district. The purpose of this district is to allow, at the discretion of the property owner, industrial, office, commercial and residential uses to exist within the same zoning district, and to allow industrial, office or commercial sites identified in the study to convert gradually to residential use.

1. The suitability of the site for residential development, and the probability of development as residential, partly based on expressed interest in the site.
2. How well the site could support higher density development along existing and proposed transit lines.
3. How well the site met the City-wide goals discussed and ranked by the City Council in December 1988.
4. How well the site adhered to an expanded "neighborhood" concept, which generally requires each site to be self-supporting with regard to neighborhood commercial uses, parks and elementary schools.

• Location – proximity to jobs, light rail, major freeways and arterial roads. Not next to sensitive single family neighborhoods.
• Condition of Existing Buildings – are generally in good condition. There are several buildings which are in need of improvement but overall the structures are well-maintained. The buildings range from 20-30 years old and the area is still economically healthy and not "blighted".
• Type of Industrial Space Provided – contains many small tenant spaces which are ideal incubators for small businesses. Also has approximately 11 properties that are owned by the business (not managed by a property company or large corporation)
• General Plan- the ITR area has a General Plan Designation of Medium Density Residential and is ultimately intended for residential use.

• Mailings
• Two Neighborhood Meetings for Business and Property Owners of Industrially-Zoned Properties

• Environmental Studies – have already been conducted for conversion of this area to residential.
• Location – proximity to jobs, light rail, major freeways and arterial roads. Not next to sensitive single family neighborhoods.
• General Plan - the ITR area has a General Plan Designation of Medium Density Residential and is ultimately intended for residential use.

1. Rezone properties to an exclusively residential or commercial zoning district.
2. Do additional study to look at rezoning to a higher density residential.
3. Require high FAR projects to build residential units or acquire land.
4. City acquires properties on the open market and develops them.
5. Institute new ITR regulations which are more restrictive about types of industrial uses.
6. Rezone portions of the ITR area for a phased type of development.
7. Develop Maser Plan to provide more detail on appropriate types of development and phasing.
8. Develop park to enhance the desirability of nearby land for residential.

A nonconforming nonresidential building cannot expand (add square footage) and if it is damaged such that the cost of repairs exceeds 50% of the value of the building, the building cannot be reconstructed. A conforming use would have to be constructed in its place. The existing businesses can maintain operation and internal improvements and upgrades may occur, as long as they do not expand the area of the building.

(a) Except as otherwise provided in subsection (b), if any building occupied by a nonconforming use has been damaged or destroyed to the extent that the cost of repairs to the building would exceed fifty percent of the value of the building, then the repaired or reconstructed building shall not thereafter be occupied by a nonconforming use. If any part of a building occupied by a nonconforming use has been damaged or destroyed to the extent that the cost of repairs to that part of the building occupied by a nonconforming use would exceed fifty percent of the value of that part of the building, then the repaired or reconstructed part of the building shall not thereafter be occupied by a nonconforming use. The determination of the cost of repairs and the value of the building or part thereof shall be made by the building official.

Return to RTC# 02-276