SunnyvaleRTC

SUBJECT: Extension of Moratorium on Places of Assembly in the Commercial/Industrial Zoning Districts and Amusement/Recreation Uses in Industrial Zoning Districts

On September 20, 2005, the City Council enacted an interim zoning ordinance placing a 45-day moratorium on the establishment of “Places of Assembly – Community Serving” uses in industrial and commercial zoning districts and “Amusement and Recreation” uses in the industrial zoning districts. Staff now recommends a 10-month extension of the moratorium so that City policy may be established for such uses through a Study Issue currently scheduled for completion in March 2006. The request would extend the moratorium from November 4, 2005, through and including September 4, 2006; however, it is intended that the moratorium would be terminated as soon as the City Council adopts a policy following completion of the Study Issue.

The City currently does not have an overall strategy for “Places of Assembly – Community Serving” uses. These types of uses include headquarters and meeting facilities for civic, social and fraternal organizations, political and membership organizations, and religious uses and facilities including houses of worship, education, and training. These uses are permitted in all industrial and commercial zoning districts (M-S, M-3, C-1, C-2, C-3 and C-4) on a case-by-case basis through a use permit process. “Amusement and Recreation” uses, which include arcades, commercial athletic facilities, and gyms, are generally appropriate for commercial zoned areas, however, an overall strategy for these uses in the industrial zoning districts has not been established.

Until recently, the number of applications for these types of uses has been few and intermittent and the current procedure was sufficient to analyze the impacts on the community. This situation has, however, changed because of a number of factors, including recent high vacancy rates of commercial and industrial zoned properties. The City is now receiving a large number of applications and inquiries for non-industrial uses in the industrial areas. Historically, there were five applications relating to places of assembly, entertainment, and recreation uses in industrial areas from 1995 through 2001. Since 2002, the number of applications have spiked to 36 applications total and 14 applications in 2005 alone. In addition, staff is fielding an average of 11 inquires per week related to non-industrial uses in industrial areas. Staff is concerned about the current and future impact on and from the City’s industrial and commercial areas.

In December 2004, the City Council selected and ranked (as #6) a study issue titled “Places of Assembly” located within Industrial and Commercial Zoning Districts (Attachment B). This study is currently scheduled for completion in March 2006.

On September 20, 2005, the City Council adopted an urgency interim zoning ordinance for a moratorium on projects affecting any “Places of Assembly – Community Serving” in industrial and commercial zoning districts and any “Amusement and Recreation” uses in industrial zoning districts.

Goal N1: Preserve and enhance the quality character of Sunnyvale’s industrial, commercial, and residential neighborhoods by promoting land use patterns and related transportation opportunities that are supportive of the neighborhood concept.

Policy N1.1: Protect the integrity of the City’s neighborhoods; whether residential, industrial or commercial.

Action Statement N1.1.1: Limit the intrusion of incompatible uses and inappropriate development into city neighborhoods.

Action Statement N1.1.4: Anticipate and avoid whenever practical the incompatibility that can arise between dissimilar uses.

Policy N1.6: Safeguard industry’s ability to operate effectively, by limiting the establishment of incompatible uses in industrial areas.

Policy N1.14: Support the provision of a full service spectrum of public and quasi-public services (e.g. parks, day care, group living, recreation centers, religious institutions) that are appropriately located in residential, commercial, and industrial neighborhoods and ensure that they have beneficial effects on the surrounding area.

Goal 4.2C: Reduce the demand for fire suppression and hazardous materials response, reduce the severity of the incidents and provide protection for the lives, welfare, and environment of people within the community.

Goal 5.1B: Maintain and establish policies that promote a strong economy which provides economic opportunities for all Sunnyvale residents within existing environmental, social, fiscal, and land use constraints.

Title 19 (Zoning) of the Municipal Code defines Places of Assembly - Community Serving as “a 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.”

Only the Moffett Park Specific Plan zoning district lists Places of Assembly – Community Serving in the use table. Specific policies about limiting non-industrial serving uses in this portion of the city were crafted with preparation of the Moffett Park Specific Plan.

MOFFET PARK SPECIFIC PLAN	MP-TOD	MP-I	MP-C
8. Other
E. Educational uses	SDP	SDP	N
N. Places of assembly, business serving	SDP	SDP	SDP
O. Places of assembly, community serving	N	N	N
MOFFET PARK SPECIFIC PLAN	MP-TOD	MP-I	MP-C
P. Recreational enterprise or business (indoor/outdoor)	SDP	SDP	SDP
Q. Recreational, ancillary to on-site general industrial and office uses	MPP	MPP	MPP

Similar uses, in other industrial and commercial zoning districts are listed as:

COMMERCIAL ZONES	C-1	C-2	C-3	C-4
6. Entertainment/Recreation
A. Amusement and recreation enterprises	UP	UP	P	UP
B. Lodge halls, fraternal and social organizations	UP	UP	P	UP

INDUSTRIAL ZONES	M-S	FAR	M-3	FAR
4. Recreational
A. Amusement, athletic, cultural or recreational enterprise	MPP UP	To 35% >35%	MPP UP	To 35% >35%
6. Other
E. Educational Uses	UP	N/A	UP	N/A

Applications for places of worship, community centers and similar uses have been accepted for industrially zoned property under the broader category of cultural enterprise. “Church, convent, monastery, or parsonage” is listed as a use permitted with approval of a Use Permit in residential, office and public facility zones; no provisions are made to allow lodge halls and fraternal associations in these zones.

The urgency ordinance that was adopted placed a moratorium on accepting new applications for a period of 45 days. The moratorium expires at the end of 45 days unless an extension is approved. Staff is requesting a 10-month extension to allow time to complete the study related to “Places of Assembly-Community Serving”

At the September 20, 2005 Council meeting, a concern was brought up for the need for a full 10-month extension, especially since it is anticipated that the study issue will be completed and under review by the City Council in March 2006. Thus, a shorter extension may be all that is needed. However, it cannot be predicted for certainty that the study will be completed by the March 2006 date. Enacting the full 10-month moratorium extension will ensure the City has adequate time to complete a study of the impact of these uses and develop new policy and related procedures and regulations. Extending the moratorium will ensure that potential irreversible change to the character of the subject zoning districts will be minimized. If the study is completed prior to end of the 10-month extension, the moratorium could be rescinded at that time.

Since the moratorium has been in effect, there has been some uncertainty as to whether educational uses are included in the moratorium. To clarify, as originally intended and as “Places of Assembly – Community Serving” is defined in the zoning ordinance, educational uses are included under the moratorium.

Approving the 10-month moratorium extension on the establishment of these uses in these areas will continue to allow the City adequate time to complete a study and establish a policy on the places of assembly and amusement and recreation issue. If the study is completed prior to the full 10 months, the moratorium can be rescinded at the time of study completion.

Public contact was made through publishing in the Sun newspaper, posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the City Clerk’s office and Library.

This level of notification for a minimum of 10 days prior to the hearing date is required by State law for a 10-month extension to the original 45-day moratorium.

2. Extend the Urgency Interim Zoning Ordinance for a period of time less than 10 months.

Alternative 1, extend the Urgency Interim Zoning Ordinance for an additional 10 months.

City staff is recommending that the City Council extend the Urgency Interim Zoning Ordinance for a moratorium on the establishment of any “Places of Assembly – Community Serving” uses in the industrial and commercial zoning districts and “Amusement and Recreation” uses in industrial zoning districts for an additional 10 months. This action would continue to provide staff the time necessary to complete the study to determine the criteria and policies necessary to provide opportunity for these uses while protecting the viability of industrial and commercial uses in the City. If needed, staff will need to return to the City Council before September 4, 2006 to extend the moratorium. The extension can be considered at the City Council meeting of August 22, 2006.