ORDINANCE NO. 2750-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADDING CHAPTER 19.29 TO THE SUNNYVALE MUNICIPAL CODE IMPLEMENTING THE MOFFETT PARK SPECIFIC PLAN AND MAKING RELATED CHANGES TO OTHER SUNNYVALE MUNICIPAL CODE PROVISIONS

THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1.  CHAPTER 19.12 AMENDED. Chapter 19.12 of the Sunnyvale Municipal Code is hereby amended by adding the following definitions to various sections to read as follows:

19.12.080  “G”

          (1) – (4)  [Text unchanged.]

          (5)  “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.

          (5) – (6)  [Renumbered consecutively as (6) – (7).]

19.12.130  “L”

            (1) – (4)  [Text unchanged.]

          (5) (a)  “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.

               (b) “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 four levels of LEED™ certification available:  Certified, Silver, Gold, and Platinum.

               (c) “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.

          (5) – (14) [Renumbered consecutively as (6) – (15).]

19.12.200  “S”

          (1) – (23) [Text unchanged.]

          (24)  “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.

19.12.210  “T”

            (1) – (8)  [Text unchanged.]

           (9)  “Transportation Demand Management (TDM)” means the incorporation of a variety of incentives, services, actions, and physical improvements that influence the reduction of automobile trips in order to provide additional relief from congestion, parking and air quality impacts. 

          (9)  [Renumbered as (10).]

19.12.220 “U”

            (1)  [Text unchanged.]

          (2)  “USGBC” means United States Green Building Council.

(2)  [Renumbered as (3).]

SECTION 2.  CHAPTER 19.12 AMENDED. Chapter 19.12 of the Sunnyvale Municipal Code is hereby amended by deleting Section 19.12.170 (3) in its entirety and adding a new Section 19.12.170 to read as follows:

19.12.170. “P”

 (1) – (2) [Text unchanged.]

 (3)(a) “Places of Assembly – business serving” means permanent headquarters and 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.    (b) “Places of Assembly – community serving” means permanent headquarters and 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 recreational camps) are classified according to their respective activities.

(4) – (13) [Text unchanged].

SECTION 4.  CHAPTER 19.28 AMENDED. Chapter 19.28 of the Sunnyvale Municipal Code is hereby amended by modifying section 2B of Table 19.28.070 as follows:

TABLE 19.28.070

Permitted, Conditionally Permitted and Prohibited Uses in Mixed Use, Commercial and Office DSP Blocks

[All other sections of Table 19.28.070 remain unchanged.]

SECTION 5.  CHAPTER 19.28 AMENDED. Chapter 19.28 of the Sunnyvale Municipal Code is hereby amended by modifying section 7C of Table 19.28.080 as follows:

TABLE 19.28.080

Permitted, Conditionally Permitted and Prohibited Uses in Residential DSP Blocks

[All other sections of Table 19.28.080 remain unchanged.]

SECTION 6. CHAPTER 19.29 ADDED IN ITS ENTIRETY. Chapter 19.29 of the Sunnyvale Municipal Code is hereby added in its entirety as set forth in Exhibit A, attached and incorporated.

SECTION 7.  AMENDMENT OF PRECISE ZONING PLAN.  The Precise Zoning Plan, Zoning Districts Map, City of Sunnyvale Section 19.16.050 of the Sunnyvale Municipal Code) hereby is amended in order to include certain property within the MP-TOD, MP-I, and MP-C DISTRICTS, which property is presently zoned within the M-S and M-3 DISTRICTS.  The location of the property is set forth on the scale drawing attached as Exhibit “B.”

SECTION 8. CEQA COMPLIANCE. As part of the process of adopting the Moffett Park Specific Plan, the City has analyzed the environmental effects of this ordinance, certified a Program Environmental Impact Report and a Mitigation Monitoring and Reporting Program on November 11, 2003, and made necessary findings required by the California Environmental Quality Act (Public Res. Code §§ 21000 et seq.; "CEQA"). The City finds that the adoption of this ordinance is within the scope of the program EIR and no new environmental documentation is required.

SECTION 9. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 10. 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 on May 11, 2004, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _________________ by the following vote:

(SEAL)

Attachment A (pdf format)

Attachment B (pdf format)