ORDINANCE NO.  2793-05

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF CHAPTER 19.12 AND CHAPTER 19.38 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO ZONING DEFINITIONS AND COMMUNITY ROOMS/CLUB HOUSES IN MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS

 

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

 

          SECTION 1.    SECTION 19.12.040 "C" AMENDED.  Section 19.12.040 "C" of the Sunnyvale Municipal Code is hereby amended as follows:

 

            Section 19.12.040 "C"

    (1) – (7)    [Text Unchanged]

    (8)  “Community Room or Club House” means a general purpose room, or stand alone or attached building, containing bathrooms, kitchen facilities and meeting space within a multiple-family residential development for purposes of holding meetings, parties and other general activities for use by all members of the residential community.

    (9) – (18)  [Text Unchanged; renumbered consecutively (9) – (18).]

 

 

          SECTION 2.    SECTION 19.38.045 ADDED.  Section 19.38.045 of the Sunnyvale Municipal Code is hereby added to read in full as follows:

 

Section 19.38.045.  Community Room or Club House requirement for multiple-family residential.

 

 (a)     For all new multiple-family residential developments that contain 50 through 99 housing units, a community room or club house with a minimum meeting space size of 225 square feet shall be provided on-site for use by all members of the residential community.  For existing 50 through 99 housing unit multiple-family projects that are remodeled or converted from rental to ownership housing, any existing community room or club house shall be retained.

 

(b)     For all new multiple-family residential developments that contain 100 or more housing units, a community room or club house with a minimum meeting space size of 450 square feet shall be provided on-site for use by all members of the residential community.  For existing 100 or more housing unit multiple-family projects that are remodeled or converted from rental to ownership housing, any existing community room or club house shall be retained.

 

(c)      Notwithstanding subdivisions (a) and (b), the approving authority for any project subject to the terms of this Section may waive the requirement to provide a community room or club house upon a determination, based upon the circumstances of the specific project, that the objectives and purposes of the general plan of the City of Sunnyvale would not be served by imposing the requirement.  In determining whether a waiver is appropriate, the approving authority shall consider any impacts the requirement might have on achieving density goals, useable open space, or other development standards, and also shall consider any other amenities the proposed project might offer.   

 

          SECTION 3.  EFFECTIVE DATE.  This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.  Any project covered by this ordinance for which an application has been deemed complete before the effective date of this ordinance shall be exempt from the requirement to provide a community room or club house.

 

          SECTION 4.  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 October 4, 2005, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on    _____________, 2005, by the following vote:

 

AYES:

 

NOES:

 

ABSTAIN:

 

ABSENT:

 

 

ATTEST:

APPROVED:

 

 

 

 

 

_____________________________

____________________________

City Clerk

Mayor

(SEAL)

 

 

APPROVED AS TO FORM AND LEGALITY:

 

 

______________________________________

David E. Kahn, City Attorney