SunnyvaleRTC

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE TO CREATE INCENTIVES FOR “GREEN” OR “SUSTAINABLE” DEVELOPMENT

WHEREAS, the City Council of the City of Sunnyvale finds that green building design, construction, and operation can have a significant positive effect on energy and resource efficiency, waste and pollution generation, and the health and productivity of a building’s occupants over the life of the building; and

WHEREAS, green building benefits are spread throughout the systems and features of the entire building; green buildings incorporate sustainable design features and techniques such as conservation and reuse of building materials, increased energy efficiency, water conservation, use of renewable resources, and appropriate site design; and

WHEREAS, in recent years green building design, construction and operational techniques have become increasingly widespread. Many homeowners, businesses and building professionals have voluntarily sought to incorporate green building techniques into their projects. A number of national and local systems have been developed to serve as guides to green building practices. At the national level, the United States Green Building Council, developer of the Leadership in Energy and Environmental Design (LEED™) Commercial Green Building Rating System and LEED™ Reference Guide, has become a leader in promoting and guiding green building; and

WHEREAS, the City Council desires to promote the health and safety of the community now and in the future, and therefore finds it in the community’s best interest to encourage and promote the construction of green buildings through the creation of incentives for sustainable development.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. SECTION 19.32.075 ADDED. The Sunnyvale Municipal Code is hereby amended by adding a new Section 19.32.075 to read in full as follows:

19.32.075. Floor area ratio bonus in M-S (industrial and service) and M-3 (general industrial) districts to encourage construction of sustainable development.

(a) For the purposes of this section, the following words and phrases are defined as follows:

“Sustainable development” means development and construction practices designed to use natural resources in a manner that does not eliminate, degrade, or diminish their usefulness for future generations.

“Green Building” means a whole systems approach to the design, construction, and operation of buildings that helps mitigate the environmental, economic, and social impacts of buildings. Green building practices recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive indoor environment.

“LEED™ Green Building Rating System” means the most recent version of the Leadership in Energy and Environmental Design (LEED™) Commercial Green Building Rating System, or other related LEED™ Rating System, approved by the USGBC. The Rating System is based on points that are awarded for sustainability techniques.

“LEED™ Certified” refers to the lowest level of certification available in the current LEED™ Rating System, which may be amended from time to time. There are currently four levels of LEED™ certification available: Certified, Silver, Gold , and Platinum.

“LEED™ Accredited Professionals” are experienced building industry practitioners who have demonstrated their knowledge of integrated design and their capacity to facilitate the LEED™ certification process by passing the LEED™ Professional Accreditation exam.

(b) In order to encourage the construction of sustainable development and green buildings, all buildings located in the M-S (industrial and service) and M-3 (general industrial) districts shall be granted an additional 5% Floor Area Ratio (FAR) over that currently permitted by existing zoning regulations without a use permit, when all of the following conditions are met:

(1) A LEED™ accredited professional is a member of the design team for the building;

(4) As soon as permissible under the regulations, applicant shall prepare and submit the application for LEED™ certification with the USGBC, and shall provide City with proof that the building has achieved a rating of “LEED™ Certified” or better.

(c) An application for the 5% FAR bonus allotted by this Section (the “Green Building FAR Bonus”) shall be submitted as a miscellaneous plan permit application in accordance with the procedures set forth in Chapters 19.82 (Miscellaneous Plan Permit) and 19.98 (Genera[JB1]l Procedures). Forms and information relating to this bonus shall be supplied to applicant by the director of community development. In addition to the requirements stated in subdivision (b), in order to qualify for the bonus, applicant will be required to submit a Transportation Demand Management Program and analysis for the entire project site that demonstrates that vehicle-trip rates for the project are not greater than the number that would be generated by development of the site at the permitted FAR.

(d) It is intended that the Green Building FAR Bonus permitted by this Section shall be independent of and in addition to any other FAR allowances provided for in Section 19.32.070 of this Code.

SECTION 2. SECTION 19.82.020 AMENDED. Section 19.82.020 of the Sunnyvale Municipal Code, relating to Miscellaneous Plan Permits, is hereby amended to read as follows:

(24) Applications for the Green Building FAR Bonus, as provided for in Section 19.32.075. Forms and requirements will be supplied by the Director of Community Development. The decision on whether the building qualifies for the Bonus is made by the Director of Community Development, whose decision shall be final. Applicants are not precluded from resubmitting relevant and revised information to qualify for the Bonus.

SECTION 3. TABLE 19.22.030 AMENDED. Table 19.22.030 of the Sunnyvale Municipal Code is hereby amended to read as follows:

SECTION 4. TABLE 19.32.020 AMENDED. Table 19.32.020 of the Sunnyvale Municipal Code is hereby amended to read as follows:

Zoning District	Building		Lot Coverage (%)	Floor Area Ratio (FAR) (%)
	Stories	Feet
R-0	2	30	45	45% FAR or 4,050 sq. ft. of gross floor area, whichever is less⁶
R-1	2	30	45	45% FAR or 4,050 sq. ft. of gross floor area, whichever is less⁶
R-1.5	2	30¹	40	50
R-1.7/PD	2	30	40	50
R-2 (single-family dwellings)	2	30	40	45% FAR or 4,050 sq. ft. of gross floor area, whichever is less⁶
R-2 (all uses other than single-family dwellings)	2	30	45	55⁶
R-3	2	30	40
R-4	4	55	40
R-5	4	55	40
R-MH	2	30	None
O	2	30	40
P-F	²		³
DSP	See Table 19.28.170		See Table 19.28.170	See Table 19.28.170
C-1	2	40	35
C-2	8	75⁵	35	55 (Future Site D) as described in Section 19.32.070(c)(3)
C-3	8	75⁴	35
C-4	2	40	35
M-S	8	75	45	35⁵^,7
M-3	8	75	45	35⁵^,7

¹ Walls facing the sideyards cannot exceed twelve feet in height within twelve feet of the side property lines. Second story wall height is limited to twenty-one feet, exclusive of pitched roof structure.

² One-half foot shall be added to the front, side and rear yard setbacks for each foot that the building exceeds the maximum height allowed in the most restrictive abutting district.

³ Coverage shall not exceed the maximum structural coverage in the most restrictive zoning district abutting this district.

⁵ Fifty percent FAR for commercial storage or warehousing, Section 19.32.070(d).

One hundred percent FAR for Future Site B, as described in Section 19.32.070(c)(1).

⁶ Applications for residences which exceed the FAR set forth in this table shall be considered pursuant to Section 19.80.040(c).

SECTION 4. SECTION 19.32.110 AMENDED. Section 19.32.110 of the Sunnyvale Municipal Code is hereby amended to read as follows:

19.32.110. City council action where FAR exceeds delineated threshold in M-S and M-3 districts.

The city council shall be the approval authority for any new industrial development in the M-S or M-3 districts proposing an FAR in excess of that prescribed by this Chapter.

SECTION 5. CEQA. The City Council hereby determines that the Negative Declaration prepared for this ordinance has been completed in compliance with the requirements of the California Environmental Quality Act (CEQA) and reflects the independent judgment of the City, and finds that adoption of the ordinance will have no significant negative impact on the area's resources, cumulative or otherwise. The Director of Community Development shall file a Notice of Determination with the County Clerk pursuant to CEQA guidelines.

SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 7. POSTING AND 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 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 February 24, 2004, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ________________, 2004, by the following vote: