REPORT IN BRIEF

The Downtown Specific Plan and associated Zoning Code Amendments are the last step in the process to update the land uses and development standards in the downtown area. The first formal action occurred on June 17, 2003 when the City Council certified the Downtown Improvement Program Update Environmental Impact Report (EIR) and adopted General Plan Amendments to the downtown area to revise land uses and heights.  On October 6, 2003, the Planning Commission reviewed these items and recommended that the City Council adopt the amended Downtown Specific Plan and Zoning Code with minor modifications (see Background for detailed discussion).

This Specific Plan builds on the General Plan land uses and heights and provides more specific direction about public and private improvements, including goals and policies, building design guidelines, and infrastructure improvements.  Staff worked with private consultants and the public to develop the design guidelines listed in Chapter 5. In addition, the Zoning Code has been updated to reflect permitted land uses and applicable development standards. These Zoning Code updates are listed in Attachments B and C. 

Staff recommends that both the updated Downtown Specific Plan and Zoning Code Amendments be approved. 

BACKGROUND

On June 17, 2003, the City Council certified an Environmental Impact Report (EIR) and adopted General Plan Amendments to the downtown area to incorporate revised land uses, intensities and building heights.  This action was the result of a two-year process of working with the community to update the vision for the future downtown.  As part of that action, Council directed staff to update the Downtown Specific Plan and Zoning Code amendments to reflect with the revised General Plan.

On October 6, 2003, the Planning Commission heard this item.  Four members of the public spoke, primarily about their interest or concern in reintroducing the street grid in Block 18 (see Planning Commission Minutes, Attachment G).  After this testimony, the Planning Commission moved to adopt the amendments to the Specific Plan and Zoning Code subject to the following:

1.      Add language that the VTA Bicycle and Pedestrian Guidelines be applied to downtown projects wherever possible.

2.      Re-evaluate the parking standard for retail in the downtown to ensure that it is adequate for parking demand.

Staff concurs with the first recommendation and will incorporate that language in the final document. In order to re-evaluate the parking standard, staff recommends that if the Council is interested in pursuing this issue, a separate potential study issue be submitted for ranking this December.  For the interim, the parking standard will remain as it was previously in the Downtown Specific Plan. Large multi-use projects such as the mall are required to provide specialized parking studies to determine the appropriate number of spaces.

EXISTING POLICY

Land Use and Transportation Element

Policy C1.2 Encourage nodes of interest and activity, such as parks, public open spaces, well planned development, mixed use projects, and other desirable uses, locations and physical attractions.

Action Statement C1.2.1 Promote downtown as a unique place that is interesting and accessible to the whole City and the region.

Community Design Sub-element

Action Statement 2.5A.2d. Continue to identify and adopt methods of preserving historic resources and special districts.

Action Statement 2.5A.3f. Strengthen the downtown as the visual as well as functional focus of Sunnyvale.

Action Statement 2.5A.3g. Consider design features that help locate the downtown district and emphasize the roadways and intersections leading downtown.

Action Statement 2.5D.2b. Continue to provide courtyards and public plazas around City buildings and encourage at least one large plaza downtown.

1993 Downtown Specific Plan

 General Goal 1 To establish the downtown as the cultural, retail, financial, and entertainment center of the community, complemented by employment, housing and transit opportunities.

 General Goal 2 To develop the land uses adopted by the City Council in November, 1990 in an attractive and cohesive physical form which clearly identifies Sunnyvale’s Downtown.

The Community Development Strategy is an administrative document used by staff to allocate resources to meet general plan goals and budget outcomes.  This Strategy that was finalized in February 2003 and includes goals for:

·        Retaining and attracting retail services

·        Preserving service businesses

·        Providing opportunities and incentives for the construction of new residences

ENVIRONMENTAL REVIEW

As part of the Downtown Improvement Program Update, the City prepared a Program Environmental Impact Report (“the Program EIR”) pursuant to eh California Environmental Quality Act (“CEQA”) to consider and analyze the environmental impacts related to the Project, including adoption of amendments to the Land Use and Transportation Element of the General Plan, the Downtown Specific Plan and the Zoning Code. The Program EIR was certified by the Council at its June 17, 2003 meeting (Resolution No. 123-03), where Council found that it presented an adequate and extensive assessment of the environmental impacts of the Project, and adopted a statement of overriding considerations related to certain impacts on traffic and air quality, and adopted a mitigation monitoring program. The proposed amendments to the Downtown Specific Plan and Zoning Code are components of and consistent with the Project analyzed in the Program EIR, therefore, no additional review is required. The Downtown Specific Plan and Zoning Code amendments are subject to the Mitigation Monitoring Program adopted by the Council for the Project.

DISCUSSION

The purpose of a Specific Plan is to create a program to systematically implement the General Plan.  Specific Plans typically include land use information, goals and policies, design guidelines and development standards and procedures for implementing necessary infrastructure, transportation or other improvements. 

To update the Specific Plan, information was incorporated from the 1993 Downtown Specific Plan, the 2002 Downtown Design Plan, and updated ideas and information from City staff and the public. City staff held outreach meetings with the public and worked with the architectural consultants ELS to help develop the design guidelines. 

The 2003 Downtown Specific Plan provides more detail about the way land uses will be developed in the downtown, as well as descriptions of street designs, building design guidelines, and information on public utilities. The draft plan was distributed to the Planning Commission on Friday, September 12, 2003.  Minor changes have been made to the plan since it was distributed.  The changes are noted in Attachment D by the underscored language.  Otherwise it remains the same.

The Zoning Code has also been updated to reflect these changes.  Permitted land uses and numeric development standards are listed in the Zoning Code, and development standards are reprinted in the Downtown Specific Plan for ease of administration. The revised Zoning Code is enclosed in Attachments B and C.  This language is conceptual, and will be fine-tuned prior to the Council hearing.

Of particular note are the regulations for height. The current Zoning code measures height from the top of curb to the height point of the roof.  Mechanical equipment is allowed to exceed the height limit, providing it is less than 25% of the roof area.  At the June Council hearing, staff understood that the height limits in Block 1a for the residential uses and in Block 18 for the movie theaters were created to accommodate any mechanical equipment. For that reason, a special footnote is listed saying that the height limit in those blocks includes any proposed mechanical equipment.

The Specific Plan and proposed amendments to the Zoning Code have been drafted to reflect the densities and uses established in the General Plan amendment adopted by Council on Jun 17, 2003, Resolution No. 123-03.  In the event the General Plan is further amended, these documents will need to be revised to reflect that action. In addition, staff will be returning in several weeks with the proposed zoning amendments for the eastern adjacent residential sites. These sites were designated with low-medium density intensities.   

PUBLIC CONTACT

Staff held two outreach meetings with the public on August 14^th and 28^th on the Downtown Design Guidelines. The first meeting discussed primarily the commercial blocks in the downtown core and the second meeting discussed residential design concepts in the outlying districts. To advertise these meetings, staff sent regular mail and email to every community member who had attended a previous downtown meeting, as well as the Chamber of Commerce and the Sunnyvale Downtown Association. Slides were posted on KSUN and a press release was posted on the internet.  Approximately 10 to 15 people attended each meeting.  Staff received helpful direction from the public in terms of what their priorities are for downtown design. These ideas are incorporated into the design guidelines (see Attachment F for a list of comments received and where this feedback has been incorporated).

FISCAL IMPACT

Staff time for preparation and review of the Specific Plan and Zoning Code, as well as time previously spent on the Downtown Design Plan, EIR and General Plan Amendments have been accomplished through operating budgets. Consultant assistance has been funded through Council approved special projects. State law allows a city to charge development for the costs associated with the preparation and administration of Specific Plans and related EIRs. Staff is not recommending that Council impose a fee for the preparation and administration of this Specific Plan.

FINDINGS

In order to approve the amendments to the Specific Plan and Zoning Code, the City Council needs to make a finding that the amendments are in the public interest.

ALTERNATIVES

1.    Approve the amended Downtown Specific Plan and introduce the ordinance to amend the Zoning Code with the modifications recommended by Planning Commission to add reference to the VTA Bicycle and Pedestrian Guidelines

2.    Request a separate potential study issue to evaluate the retail parking requirement for the downtown.

3.    Approve the amended Downtown Specific Plan and introduce the ordinance to amend the Zoning Code with modifications.

4.    Approve the amended Downtown Specific Plan and introduce the ordinance to amend the Zoning Code in concept and return to Planning Commission for approval of the final document pre-publication.

5.    Do not approve the amended Downtown Specific Plan and introduce the ordinance to amend the Zoning Code and direct staff as to where modifications need to be made.

RECOMMENDATION

Alternative 1.

Prepared by:

Diana O’Dell

Associate Planner

Reviewed by:

Trudi Ryan

Planning Officer

Reviewed by:

Robert Paternoster
Director, Community Development

0   

Approved by:

Robert S. LaSala

City Manager

Attachments

A.     Draft Downtown Specific Plan 2003 (distributed previously on 9/12/03)

B.      Ordinance to amend the Zoning Code (pdf format)

C.     Resolution to adopt the amended Downtown Specific Plan (pdf format)

D.     Corrections made to Downtown Specific Plan since 9/12/03 (pdf format)

E.      Original Zoning Code Chapter for the Downtown Specific Plan (pdf format)

F.      Notes for Outreach Meetings for Downtown Design Guidelines (pdf format)

G.     Draft Planning Commission Minutes of October 6, 2003