BACKGROUND

The Moffett Park Specific Plan was conceived as a Study Issue during 2000 in response to market demands and the City's desire to encourage economic development within acceptable environmental limits.  Acknowledging the need and the potential for increased development, the City embarked on a plan with a vision for developing the Moffett Park area as the focus for additional Class "A" office space and Corporate Headquarters. 

The City Council took action on November 11, 2003 to certify the Final EIR for the Moffett Park Specific Plan and approve a General Plan Amendment to create the boundary of Specific Plan.   The final revised Moffett Park Specific Plan document was recently adopted by the City Council on April 27, 2004 with consideration of the final implementing zoning ordinance amendments continued to May 11, 2004.    The zoning ordinance amendments complete the remaining work necessary for the adoption and implementation of the Specific Plan.  This final step of the Specific Plan process is consistent with and part of the original project evaluated as part of the certified MPSP EIR of November 11, 2003.   Findings from the original General Plan Amendment adoption are applicable to implementation of this project component, including the statements of overriding consideration.  On April 26, 2004, the Planning Commission recommended approval of the ordinance with one minor modification.  Staff recommends adoption of the ordinance.

EXISTING POLICY

The zoning code amendments are implementation measures for the approved Moffett Park Specific Plan.  A detailed listing of all Guiding Principles and Objectives can be found in Chapter 3 of the Specific Plan, with select land use related provisions highlighted below.    

Guiding Principle 6.0: Streamline the land use permit and environmental review approval process

Guiding Principle 9.0:  Incorporate the principles of “smart growth” into all planning decisions. 

Guiding Principle 10.0:  Incorporate sustainable design and green building concepts into private and public projects.

Guiding Principle      11.0:  Preserve Moffett Park for Industrial Uses into the future and prevent erosion of its industrial base to non-compatible uses.

Land Use Objectives

Specific Plan Objective LU-1:  Establish development regulations that provide a framework to allow for higher intensity development.

Urban Design Objectives

Specific Plan Objective UD-1: Ensure consistency with the Citywide Design Guidelines, Industrial Design Guidelines, and Moffett Park Design Plan for all new development and renovations.  

Specific Plan Objectives UD-2: Utilize sustainable design principles for site layout, building construction techniques, and building materials when suited to the intended use.

Implementation and Administration Objectives

Specific Plan Objective IMP-1: Establish a streamlined project approval process for development projects within the Moffett Park Specific Plan project area.

DISCUSSION

There are three primary topics covered in the zoning ordinance that were not covered in detail in the Specific Plan. 

1.       Allowable Use Matrix (Zoning Ordinance 19.29.050)

2.       Development standards (Zoning Ordinance 19.29.130,140)

3.       Creation of major and minor Moffett Park Design Review Permits and Special Development Permits (Zoning Ordinance 19.29.090-120)

Allowable Uses

A complete list of allowable uses is contained within the draft ordinance.  Generally, targeted office and research and development uses are considered "P" for permitted and other accessory or supportive uses require Special Development Permits "SDP" or Miscellaneous Planning Permits "MPP" in accordance with the procedures described in the permit review section.   A permitted use is consider a "by right use," but remains subject to design review permit requirements.   Incompatible uses are listed as "N" as a use that is not allowed. 

Of particular note, the definition of Places of Assembly has been refined in the zoning code to recognize two distinct types of uses for meeting and assembly that would potentially impact Moffett Park's industrial uses.  The intent of the definitions is to clearly articulate the type of use that is considered appropriate for Moffett Park.  

Places of Assembly – business serving means activities that include  permanent headquarters or meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, such as business associations, professional membership organizations, labor unions and similar organizations.  These activities would be similar in scope of activities and hours too that of general office type uses of a for profit business.

Places of Assembly – community serving means activities that include  permanent headquarters or meeting facilities for civic, social and fraternal organizations (not including lodging), political organizations and other membership organizations. This category includes religious uses and facilities operated for worship; promotion of religious activities, including houses of worship and education and training; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the primary use. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other related operations (such as a recreational camp) are classified according to their respective activities.

The definitions for the places of assembly are not intended to preclude non-permanent or temporary assembly uses.  For example, meetings of organizations on a non-permanent basis, such as a rotary lunch at a restaurant are considered incidental to the primary use of the restaurant as a business.

Development Review and Permitting

A guiding principle of the Specific Plan is to streamline permitting of targeted office, R&D, and high-technology uses in an effort to both support and diversify the City's economic base.   In addition to encouraging development, the Specific Plan provides for high quality design through development standards and guidelines that ensure appropriateness of use on a site and maintenance of community character.  The level of scrutiny for projects through the permitting process is then a balance of ensuring compatibility of prospective uses with the desire for encouraging new development in Moffett Park.

Generally, projects can be described as standard development within the parameters of its underlying zoning district or as a higher intensity project requesting access to the 5.4 million square foot Development Reserve.   Staff believes that two levels of review are appropriate in Moffett Park to meet the Plan's dual goal of providing appropriate and efficient development tools. Two levels of review will permit development which is compatible with surrounding uses to be reviewed more efficiently through a simplified staff review, while reserving Planning Commission approval for "types of uses" or "levels of use" that may have a higher level of impact on adjacent uses or require careful scrutiny to preserve community character. 

Moffett Park Land Use Permits

Three general types of planning permits will be applicable to changes of use and future development within Moffett Park.  The key differences between the permit types are the required degree of CEQA review and the review of the appropriateness of the use on the proposed site.  There is a dual hierarchy for the permit types with minor permits reviewed by Director of Community Development (staff) and major permits reviewed by the Planning Commission.  Access to the Development Reserve can only be granted through approval of major permit.

I. Miscellaneous Plan Permit (MPP)

The lowest level of review is a staff reviewed MPP without a public hearing.  The MPP includes site development issues ranging from outdoor storage/uses and parking analysis to architectural, color, or material changes to existing buildings.  MPPs are generally exempt from CEQA and are used citywide within all zoning districts.  MPP decisions are appealable one level to the Planning Commission for a final decision.

II. Moffett Park Design Review (MP-DR)

Design Review is required for all new development and major changes to site layout or architectural design for both existing and "Permitted Uses (P)."   The design review permit structure is divided into a Major and Minor level of review by the Planning Commission and Director of Community Development (staff), respectively. 

Major permits are defined as development requests to exceed the Standard FAR limitation that utilize the Green Building Option for access to the Development Reserve or use of TDR.  Projects that require preparation of a supplemental or project EIR, regardless of FAR level, are also classified as a Major MP-DR. 

Minor permits are defined as development up to the Standard FAR of the underlying zoning and include associated environmental documentation, such as CEQA exemptions and negative declarations tiered from the Program EIR. 

To date, staff processing of negative declarations is not common in Sunnyvale.  However, it has occurred occasionally and is consistent with CEQA requirements.  In addition, staff anticipates that negative declarations would be rare with most development proposals in Moffett Park exempt from additional CEQA review.

Similar to design review which currently occurs throughout the city, the scope of review for a MP-DR is restricted to site and architectural design considerations, compliance with design guidelines, compliance with development standards, and conformance with the mitigation monitoring program or subsequent environmental documentation mitigation requirements.  The decision to approve or deny a major or minor permit may be appealed up one level of approving authority for a final decision.

III. Moffett Park Special Development Permit (MP-SDP)

The MP-SDP is similar to the City's existing Special Development Permit format used throughout the city.  This permit is applicable to uses indicated as "SDP" in the Allowable Use Matrix, as well as to permitted uses that request deviations to development standards or request to exceed the Standard FAR limitation.  The SDP review includes the considerations of a design review described above and a determination of the appropriateness of the use at the proposed location.  

The MP-SDP consists of major and minor permits, reviewed by the Planning Commission and Community Development Director (Administrative Hearing) respectively.

Major permits include development that requests to exceed the Standard FAR limitation and do not utilize the Green Building Option, requests for deviations to green building development standards regardless of FAR, and projects requiring a supplemental or project EIR. 

Minor permits are defined as development up to the Standard FAR of the underlying zoning and include associated environmental documentation, such as CEQA exemptions and negative declarations tiered from the Program EIR.   Minor MP-SDP permits require that a public hearing be held (Administrative Hearing level) for determination of approval or denial.  The decision to approve or deny a major or minor permit may be appealed up one level of approving authority for a final decision.

FISCAL IMPACT

Staff time for preparation and review of the Moffett Park Specific Plan and zoning code amendments has been accomplished through operating budgets.  A special project was approved to pay for professional services to prepare the EIR and Specific Plan.  In addition to City expenditures, financial pledges of funding support from Moffett park interested parties have been received and more support is expected.  The newly instituted Moffett Park land use permits will be added to the fee schedule with an appropriate fee structure to recoup costs of processing applications.

PUBLIC CONTACT

Notification of the City Council meeting for this item is part of the standard agenda publication as follows:

Agenda	Staff Report
·         Published in the San Jose Mercury News ·         Posted in the City of Sunnyvale’s Website and on the City’s Official notice bulletin board.	·            Posted in the City of Sunnyvale’s website ·            Provided at the Reference Section of the City of Sunnyvale’s Public Library

Planning Commission hearings were held on April 12, 2004 and April 26, 2004 and City Council on April 27, 2004.  Public hearing notices were mailed to property owners, tenants and interested parties prior to original hearing dates.

On April 26, 2004, the Planning Commission considered the revised zoning ordinance and voted unanimously in support of the proposal, with a direction to clarify the allowable use type of “Transportation Facilities.”  Staff has revised the listing within the Allowable Use Matrix and fully supports the Planning Commission recommendation.

ALTERNATIVES

1.      Introduce the Moffett Park Specific Plan Zoning Code Amendments in accordance with the Planning Commission recommendation.

2.      Introduce the Moffett Park Specific Plan Zoning Code Amendments with modifications.

3.      Do not introduce the Moffett Park Specific Plan Code Amendments and refer the matter back to the Planning Commission with direction to resolve specific issues identified by Council.

RECOMMENDATION

Alternative 1

Prepared by:

Kelly Diekmann

Associate Planner

Reviewed by:

Trudi Ryan

Planning Officer

Reviewed by:

Robert Paternoster

Director, Community Development

Approved by:


Amy Chan

City Manager

Attachments

A.      Draft Zoning Ordinance Amendments (.pdf) 

B.       Subdistrict Zoning Map (.pdf)

C.      Draft Planning Commission Minutes of 04/26/04

D.     Moffett Park Specific Plan (.pdf) (previously distributed)