RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, APPROVING MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS AND AMENDING THE GENERAL PLAN RELATED TO THE MOFFET PARK SPECIFIC PLAN AREA

                   WHEREAS, the northern most portion of the City of Sunnyvale, generally located northeast of the Highway 237 and Highway 101 interchange, is known as the Moffett Park industrial area.  During the last several years this area has experienced tremendous development and redevelopment pressure due to increased regional demands for Class A office uses, corporate headquarter facilities, and other specialized space required by the high-technology industry.  The City Council of the City of Sunnyvale directed staff to prepare a comprehensive, long-term regulatory and policy document to guide development in the area and further directed staff to undertake necessary environmental review of the proposed plan; and

                   WHEREAS, pursuant to the City Council's directive, the Moffett Park Specific Plan (the "MPSP") was prepared.  The proposed MPSP comprises 1,156 acres; it is bounded by the City's SMaRT™ Station and Water Pollution Control Plant to the north, Highway 237 to the south, Sunnyvale Baylands Park to the east, and the Moffett Federal Airfield to the west, as depicted more particularly in the map attached and incorporated as "Exhibit A."  The proposed plan was developed with extensive community input, and the policy and regulatory elements of the MPSP reflect consultation with business and property owners, developers, appointed and elected officials, staff, and the general public; and

                   WHEREAS, the proposed MPSP (the "Plan" or "Project") is intended to serve as a land use policy document to regulate future development within the Project area.  The MPSP provides for a mix of land uses, such as corporate office, manufacturing, warehouse, small scale retail, hotel, restaurant, and other ancillary support uses.  It creates a new general plan land use category, Moffett Park Specific Plan, which is divided into three subdistricts:  Moffett Park – General Commercial (MP-C), Moffett Park – Transit Oriented Development (MP-TOD), and Moffett Park – Industrial (MP-I).  Each subdistrict has a defined permissible development intensity.  In addition, a floating pool of up to 5.44 million square feet of additional development is created, that may be accessed by developers in the MP-I and MP-TOD subdistricts if certain conditions are met.  The MPSP supports up to 24.33 million square feet of overall development in the Plan area; and

WHEREAS, implementation of the overall Plan will require,  1) adoption of amendments to the City of Sunnyvale General Plan Land Use and Transportation Element and General Plan Map, 2)  adoption of the Moffett Park Specific Plan, and 3) adoption of amendments to the City's Zoning Code, including the Precise Zoning Plan/Zoning District Map; and

WHEREAS, a draft and final Program Environmental Impact Report (jointly “Program EIR”) have been prepared to assess the potential environmental impacts of the Project, describe alternatives to the Project proposal and potential mitigation measures; and

WHEREAS, a proposal to amend the General Plan Land Use and Transportation Element ("the General Plan Amendment"), including the General Plan Map, as the first step in approving the Project has been prepared, designating land uses and densities for the Project area, as described and depicted in Exhibit "B," attached hereto and incorporated by reference; and

WHEREAS, the Planning Commission has considered the Program EIR and General Plan Amendment at a public hearing held on October 27, 2003, and has recommended the City Council’s certification of the Program EIR, adoption of the proposed Mitigation Monitoring and Reporting Program, and adoption of the General Plan Amendment; and

WHEREAS, the City Council held a public hearing on November 11, 2003, and has considered the reports and documents presented by City staff, the Planning Commission’s recommendation, and the written and oral comments presented at the public hearing.

NOW, THEREFORE, BE IT RESOLVED, the City Council hereby adopts the following findings and actions:

I.        THE MOFFETT PARK SPECIFIC PLAN. The Moffett Park industrial area has experienced tremendous pressure for increased development due to its ideal situation in the Silicon Valley.  Along with beneficial effects, new development and redevelopment will create additional demands on infrastructure systems in the Moffett Park area, including transportation facilities, domestic water and wastewater conveyance, as well as other impacts on Sunnyvale residents.  The Moffett Park Specific Plan is intended to provide policy and regulatory guidance to enable the City to take advantage of the area's attributes while at the same time ensuring these impacts will be addressed.

The MPSP incorporates data from concurrent studies, including a citywide Transportation Strategic Program, Urban Water Management Plan, Sewer System Master Plan, and Phase II Recycled Water Master Plan.  The Specific Plan anticipates the impacts of new development and identifies the infrastructure improvements necessary to address the impacts.  Additionally, identification of infrastructure improvement financing is part of the Specific Plan. 

The MPSP creates three distinct land use subdistricts: Moffett Park - Transit Oriented Development (MP-TOD), Moffett Park – General Industrial (MP-I), and Moffett Park - Commercial (MP-C).  Each subdistrict has varying levels of Floor Area Ratio ("FAR") intensities.  In addition to the new subdistricts, a "floating" development reserve of an additional 5.44 million square feet can be applied to most parcels in the MP-TOD and MP-I  subdistricts, provided they meet detailed criteria identified in the Specific Plan.  The development reserve is intended to allow for more flexibility in meeting near term development needs.  Furthermore, accessing the development reserve will trigger requirements for high intensity development to build environmentally friendly projects, such as construction of "green" buildings, and adoption of employee transportation demand programs.  A Transfer of Development Rights (TDR) program is also available for most parcels within the MP-TOD and MP-I subdistricts, subject to specific criteria, to achieve these same goals.  The MPSP has an ultimate development potential total of 24.33 million square feet, which is an increase of 6.0 million square feet above the current General Plan and zoning allowances.

          A.  Moffett Park - Transit Oriented Development (MP-TOD):  The purpose of the MP-TOD subdistrict is to encourage higher intensity uses that can best take advantage of locations in close proximity to the Tasman Light Rail Corridor.  The MP-TOD subdistrict provides approximately 462 acres primarily for office, commercial, and industrial development at an allowable intensity of .50 FAR.  At this intensity, the development potential within the MP-TOD subdistrict is a total of 8.55 million square feet. In addition, the allowable floor area ratio may be increased to .70 FAR by utilizing the Development Reserve and/or the TDR program as outlined in the Specific Plan.

          The MP-TOD subdistrict is intended for the construction, use, and occupancy of buildings for office, corporate headquarters, research, and limited manufacturing; as well as ancillary uses that includes hotels, restaurants, financial institutions, retail sales and services, professional services, and similar compatible uses.  Accessory uses for the benefit of onsite employees (e.g., child care, recreational facilities, cafeterias) are also allowed and encouraged.

          B.  Moffett Park General Industrial (MP-I):   The MP-I subdistrict is intended for general industrial development at moderate FAR due to its proximity to regional transportation facilities and transit services.  The MP-I subdistrict provides approximately 663 acres primarily for office, warehouse, and general industrial development at an allowable intensity of .35 FAR.  Warehouses have an allowable .50 FAR maximum.  The development potential within the MP-I subdistrict is a total of 10.11 million square feet at the .35 FAR threshold.  In addition, the allowable FAR may be increased to .50 for all development by utilizing the Development Reserve and/or TDR program as outlined in the Specific Plan.

          The MP-I subdistrict is intended for the construction, use, and occupancy of buildings for office, corporate headquarters, research, and limited manufacturing; as well as ancillary uses that includes hotels, restaurants, financial institutions, retail sales and services, professional services, and similar compatible uses.  Accessory uses for the benefit of onsite employees (e.g., child care, recreational facilities, cafeterias) are also allowed and encouraged.

          C.  Moffett Park Commercial (MP-C):  The MP-C subdistrict purpose is to provide support services to the Moffett Park Plan area.  The MP-C subdistrict provides for approximately 13 acres of limited commercial development at an allowable intensity of .40 FAR.  The ultimate development potential within the MP-C subdistrict is a total of 250,000 square feet.  The MP-C subdistrict is intended for the construction, use, and occupancy of building for hotels, restaurants, retail sales and services, and professional services, and other similar supportive commercial uses.

          D.  Development Reserve:  The Specific Plan authorizes an additional 5.44 million square feet of development potential within the MP-I and MP-TOD subdistricts for qualified sites.   Eligible applicants may request additional square feet from the development reserve during the project-approval process, provided the development adheres to specific criteria established in the Specific Plan and zoning code.   Parcels located within the MP-TOD Subdistrict shall be permitted to exceed the Standard .50 FAR to a maximum .70 FAR.  Parcels within the MP-I Subdistrict shall be permitted to exceed the Standard .35 FAR to a maximum .50 FAR.   The 5.44 million square feet of development will be allocated on a first-come first-serve basis until the entire reserve has been exhausted.  The development reserve availability, as of October 2003, is approximately 4.9 million square feet due to existing approved projects in the plan area.  The MPSP also permits the transfer of floor area between parcels within the MP-TOD and MP-I subdistricts subject to particular criteria and approval by the City.

          Further information about the proposed land use and development policies  contemplated by the MPSP may be found in the staff reports presented to the City Council and in the Program EIR, as well as other documents maintained by City staff.

II.       PROGRAM EIR CERTIFICATION. The City Council has reviewed the documents comprising the Draft and Final Program EIR for the Moffett Park Specific Plan (jointly the “Program EIR”) and  hereby finds that the Program EIR reflects the independent judgment of the City Council and its staff, and is an adequate and extensive assessment of the environmental impacts of the Project.  Accordingly, the City Council hereby certifies the Program EIR as having been prepared in compliance with the requirements of the California Environmental Quality Act (“CEQA”). The City Council also incorporates by this reference the findings contained in the Program EIR as to the environmental effects of the Project, together with the additional findings contained in this Resolution.  

III.      CONSIDERATION OF PROJECT AND PROJECT ALTERNATIVES.   The MPSP Project described and considered in the Program EIR ("the Initial Project") has some differences from the MPSP described above and proposed by staff  ("the Current Project").  The differences have to do with the allotment of FAR intensity within the three subdistricts, and with the amount of reserve square footage in the development reserve.   The Initial Project proposed a .55 FAR for the MP–TOD, a .40 FAR for the MP-I, and a .40 FAR for the MP-C.  The Development Reserve was set at 2 million square feet.  The overall amount of potential development – 24.33 million square feet – of the Current Project has not changed from the amount that was analyzed in the Initial Project.  The Current Project was modified from the Initial Project in response to analysis in the Program EIR  and after staff had input from the community.  The City Council finds that the flexibility provided by the Current Project better meets the needs of the community in attaining the goals of the MPSP.  The City Council further finds that the environmental impacts of the Current Project were extensively and adequately analyzed in the Program EIR because the Current Project does not provide for more or different development patterns than that analyzed in the Initial Project, rather it provides that development may occur in slightly different manner on localized site areas within the Plan.

Currently, there is a total of 15,616,373 square-feet of developed and entitled building floor area in the MPSP area.  Future development and redevelopment under the Current Project in the MPSP area could result in the construction of 8,713,626 additional square-feet of building space (floor area) beyond existing conditions.  On average, 340 square-feet of industrial/office space can support one job.  Accordingly, the future development that would be facilitated as a result of implementation of the proposed Specific Plan has the potential to generate approximately 25,628 additional jobs.

CEQA guidelines require that an EIR include a comparative analysis of alternatives to a project, to determine whether the project's goals might be met with less environmental impacts.  In addition to the Initial Project, the draft Program EIR for the MPSP analyzed and reviewed five alternatives to the Project, as follows:

·         Alternative A: No-Project Alternative (as required by Section 15126.6(e) of the State CEQA Guidelines): assumes that the proposed Specific Plan is not adopted and future development in the Moffett Park Specific Plan Area occurs under the direction of the existing General Plan and Zoning Code.  Alternative A would allow for development intensities of .50 for the existing transit core and .35 for the remaining general industrial parcels.  Development potential under this alternative is 18.3 million square feet.

·         Alternative B: assumes development and adoption of a Specific Plan that would allow for development intensities of .70 FAR for the MP-TOD zone and .50 FAR for the MP-I and MP-C zones.  Alternative B would not include the floating pool of two million square-feet or the Transfer of Development Rights Program.  Development potential under this alternative is 27.86 million square feet.

·         Alternative C: assumes development and adoption of a Specific Plan that would allow for development intensities of .50 FAR for all parcels in the Specific Plan Area.  All parcels in the Moffett Park Specific Plan Area would be zoned MP-I.  Alternative C would not include the MP-TOD and MP-C zones, the floating pool of two million square-feet, or the Transfer of Development Rights Program.  Development potential under this alternative is 24.5 million square feet.

·         Alternative D:  assumes development and adoption of a Specific Plan that would allow for development intensities of .55 FAR for the MP-TOD zone and .40 for the MP-I and MP-C zones.  Alternative D would not include the floating pool of two million square-feet, or the Transfer of Development Rights Program.  Development potential under this alternative is 22.4 million square feet. 

·         Alternative E: assumes development and adoption of a Specific Plan that would allow for development intensities of .50 FAR for the MP-TOD and .35 for the MP-I.  Alternative E would also allow the construction of residential development (greater than 35 units per acre), mixed use, and increased pedestrian amenities near transit stations.  Alternative E would not include the MP-C zone, the floating pool of two million square-feet, or the Transfer of Development Rights Program.  Development potential under this alternative is 18.6 million square feet of office/industrial, and 3.6 million square feet of residential (3,583 housing units).

The underlying purpose of the specific plan is to guide development in the Moffett Park area so that the City can obtain the economic benefits of development while at the same time ensure that infrastructure and community resources are utilized in as efficient and effective a manner as possible.  It is toward these ends that policies such as locating higher density development around the transit corridor, and encouraging the construction of "green buildings" are directed.  The Project and all of the alternatives considered would create some significant impacts on the environment.  While most of the impacts can be mitigated, there will be significant unavoidable impacts related to traffic, air quality, jobs/housing balance, and cumulative growth.

Alternative A, the "No Project" alternative,  would create the least impact because it would yield the least amount of development.  However, it would not achieve the purpose of the Project to allow more development, nor attain the beneficial impacts of smart growth policies.  Alternatives B and C would create more impacts with less flexibility.  Although Alternative E would result in less of an impact on the jobs/housing balance, it would create land use incompatibility issues by locating residential next to industrial zones.  Alternative D, which is similar to the Current Project, is considered to be the environmentally superior alternative because it addresses many of the Projects goals and has slightly less development potential and concomitant impacts.  The Current Project has been modified from the Initial Project to set lower base FARs in the MP-TOD and MP-I subdistricts, so that higher density development will be required to build-in more environmental controls.  Given that the degree of impact difference between alternative D and the Project is relatively minor, and that the Project has superior incentives for smart-growth development, the City Council finds that the Current Project is the preferred alternative.

IV.      MITIGATION MEASURES.  The City Council also finds that the proposed mitigations incorporated in the MPSP Project, and the Mitigation Monitoring and Reporting Program will reduce all of the environmental impacts of the Project to an insignificant level, except those unavoidable impacts hereafter described more specifically.  The City Council accordingly approves the Mitigation Monitoring and Reporting Program as conditions of approval of the General Plan Amendment, and requires the development of the Plan area and issuance of development approvals, which may be issued in the future, to incorporate the mitigations set forth in the Mitigation Monitoring and Reporting Program.   

V.       UNAVOIDABLE SIGNIFICANT ENVIRONMENTAL IMPACTS.   The  adoption and implementation of the General Plan Amendment may have certain significant and unavoidable environmental effects, which cannot be feasibly mitigated through the imposition of changes or alternatives to the project.  These unavoidable impacts are as follows:

                                           1.  AIR QUALITY.  Future area source and vehicular emissions under the proposed Moffett Park Specific Plan may result in operational air quality impacts.  (Significant and Unavoidable Impact).

Operational air quality impacts are generated by area sources and mobile sources.  Area source emissions are generated from such activities as heating, cooling, offsite and on-site power generation, use of aerosol chemicals and propellants and gases.  With respect to the proposed Specific Plan, the greatest potential for air quality impacts would result from mobile source emissions (vehicle traffic). Future development in the Moffett Park area under the proposed Moffett Park Specific Plan would include approximately 24,330,000 square feet of buildings and 163,324 average daily trips (ADT). This would represent an 8,713,626 square foot (56 percent) increase of building space and 88,415 (117 percent) increase in ADT over existing conditions.  Comparison between future development under the City's current General Plan and proposed General Plan Amendment conditions indicates that the proposed Project would generate greater emissions than generated under the General Plan. 

          2.  TRAFFIC/CIRCULATION. Freeway Operations: Implementation and subsequent build-out of the proposed General Plan Amendment would not impact any additional study freeway segments beyond those impacted under General Plan 2020 Conditions.  However, the implementation and subsequent build-out of the proposed General Plan Amendment would increase the severity and level of significance of impacts along several freeway segments that would be significantly impacted under General Plan 2020 conditions. (Significant and Unavoidable Impact.).  Expressway conditions:  there are no feasible mitigations measures to reduce the level of service impacts at the Central Expressway and Oakmead Parkway (City of Santa Clara) intersection, and the Central Expressway and Bowers Avenue (City of Santa Clara) intersection.  (Significant and unavoidable impact.)  Mathilda Avenue Corridor:  the Mathilda Avenue corridor will be impacted under the proposed Project in the A.M. peak hour and the P.M. peak hour. (Significant and unavoidable impact.)

          3.  HOUSING AND POPULATION.  The proposed General Plan Amendment would not allow for the future construction of residential units in the MPSP area.  However, the intensity of future industrial and commercial development that could be facilitated under the proposed Project would generate a substantial number of jobs and would indirectly induce population and housing growth throughout the region.  (Significant and Unavoidable Impact.)

          4.  CUMULATIVE GROWTH IMPACTS.  Full build-out of the Project, along with other foreseeable development in the area will have an overall cumulative impact on the region, affecting air quality, transportation and the jobs/housing ratio.

VI.      STATEMENT OF OVERRIDING CONSIDERATIONS.  As previously indicated, all of the alternatives considered in the Program EIR are either infeasible and/or would result in some significant, unavoidable impacts.  The City has modified its General Plan Amendment so that it will fulfill the goals of the Project and promote sustainable development.   Although many of the Project’s environmental impacts will be avoided or reduced to insignificant levels by the mitigation measures required by the Mitigation Monitoring and Reporting Program, implementation of the Project will nevertheless result in certain unavoidable significant environmental impacts.  On  balance, these unavoidable significant effects are deemed to be acceptable in view of the significant economic and social benefits which approval of the Project proposal will make possible.  The principal benefits of Project approval include, but are not limited to, the following:

A.       The Project supports both the City's General Plan policies and regional policy to develop high-quality, high density uses around public transportation corridors as a means of reducing singe vehicle intra-regional commuting and associated traffic congestion and air quality impacts.

B.       In the long term, the Project will result in a significant contribution to the tax base of the City through sales and use tax revenue generated at the site, and increasing property values, which in turn will support overall services within the City. 

          C.       In furtherance of the City's Community Development Element, the                            Project promotes the City's commitment to provide its existing                                 employers with opportunities to expand employment locally and                          attract new high quality corporate headquarter uses to diversify the                      City's economic base.

          D.       The Project comports with the principles of "smart growth" and will                          create beneficial impacts to the local environment.  Project-facilitated                      development will result in construction of sustainable buildings using           state of the art environmental safeguards and systems, will promote                            land-use efficiency and consistency by allowing more contained                     industrial development thereby avoiding "sprawl," and will assure the                        maintenance and development of necessary infrastructure.

 VII.    GENERAL PLAN AMENDMENT.  Based on the foregoing findings, the City Council finds and determines that the General Plan Amendment constitutes a suitable and logical change in the plan for physical development of the City of Sunnyvale, and it is in the public interest to approve the General Plan Amendment, which is next described in more detail.

A.       Appendix A – Relationship of General Plan Land Use Categories with Zoning Categories of the Land Use and Transportation Element of the City of Sunnyvale General Plan is amended as follows:

1.     Figure A.1: General Plan and Zoning Categories is revised by adding a new General Plan Category entitled "Moffett Park Specific Plan" with corresponding zoning categories  identified as subdistricts MP-C, MP-I, MP-TOD.

2.     The text of Appendix A is amended by inserting the following at the end of the current text on page A-6:

Moffett Park Specific Plan

The Moffett Park Specific Plan designation is limited to the Moffett Park Specific Plan area.  This land use category is divided into three subdistricts, Moffett Park – Industrial (MP-I), Moffett Park Commercial (MP-C), and Moffett Park-Transit Oriented Development (MP-TOD). 

This designation is further explained in Appendix B, Special Land Use Plans.

3.       The text of Appendix B is amended by inserting the following at the end of the current text on page B-6:

Moffett Park Specific Plan

Existing development within the 1,156 acre Specific Plan area consists primarily of light industrial, office, research & development, manufacturing warehouse uses, and supporting service businesses.  Since the 1960’s, the Moffett Field Business Park, known as “Moffett Park,” has been occupied predominantly by defense and defense-related industry.  Recently, there has been a demand for contemporary Class "A" office space and high technology Research and Development (R&D) uses.  These new developments are characterized as multi-story buildings with high Floor Area Ratios (FAR) generally in a "campus" atmosphere.  The MPSP encourages the progression of the area towards Class "A" office space, high technology, and corporate headquarter uses.     

Within the project area there are two existing special plans, Lockheed Martin Site Master Use Permit (555 acres) and Futures E Industrial intensification (150 acres).  The Lockheed Martin Site Master Use Permit will continue to exist as approved, but the Futures E area has been superseded by the adoption of the Moffett Park Specific Plan.

•        Diversify City's Economic Base by Encouraging Corporate Headquarters and Research and Development (R&D) Uses

•        Enhance the City's Regional Prominence and Local Image Through Application of High Quality Site Design and Architectural Guidelines and Standards

•        Use Smart Growth Principles/Support LRT and Sustainability

•        Address Current Transportation Deficiencies of the 1997 LUTE

•        Mitigate Environmental Impacts of Increased Development

•        Provide Streamlined Development Review

Three implementing subdistricts are contained in the MPSP land use designation.  They include MP‑I (Moffett Park General Industrial), MP-TOD (Moffett Park Transit Oriented Development), and MP-C (Moffett Park Commercial).  The MPSP also institutes a development reserve and transfer of development rights (TDR) program to allow for high intensity developments on select sites that achieve goals and objective of the MPSP.  In addition to providing for increased FAR levels in the MPSP area, architectural and site design guidelines are included in the plan to ensure quality design and appropriate community character is maintained at the higher intensities.  There are two military sites that are located in the MP-TOD subdistrict.  These sites are considered stable uses within the proposed Specific Plan and the accompanying EIR. These sites are not intended to have increased development intensity beyond their current levels. These sites are exempt from participating in the Development Reserve and the Transfer of Development Rights program.

The base densities for the subdistricts are set forth in the table below:

4.       The General Plan Map is revised as depicted in Exhibit B to this Resolution to change the land use designations for areas generally described as north of Highway 237 and bounded by Moffett Field and Caribbean Drive to "MPSP."

5.       The Special Plans Map (Figure B.1) in the Land Use and Transportation Element is revised as depicted in Exhibit C to this Resolution, to change the land use designations for areas generally described as north of Highway 237 and bounded by Moffett Field and Caribbean Drive to "MPSP." 

VIII.    BE IT RESOLVED FURTHER, that the City Clerk is directed to file a certified copy of the amendment to the 1972 General Plan of the City of Sunnyvale with the Board of Supervisors and the Planning Commission of the County of Santa Clara and the planning agency of each city within the County of Santa Clara.  The City Clerk is directed further to file a certified copy of the amendment with the legislative body of each city, the land of which may be included in the plan. The filing of a certified copy of this resolution constitutes compliance with this section.

Adopted by the City Council at a regular meeting held on November 11, 2003 by the following vote:

(SEAL)

Exhibits (pdf format)