SunnyvaleRTC

Staff is requesting the City Council approve the interim zoning ordinance establishing a moratorium on the establishment of any “Places of Assembly – Community Serving” uses in industrial and commercial zoning districts and “Amusement and Recreation” uses in the industrial zoning districts, which would occur immediately, from September 20, 2005, through and including November 4, 2005. The moratorium would be in effect for 45 days; it may be extended for up to two additional 10-month periods.

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.

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
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.

City staff is concerned about the impacts that the large number of non-industrial-commercial projects will have on the City’s industrial and commercial zoning districts. If “Places of Assembly – Community Serving” are allowed to locate in industrial and commercial zoning districts and “Amusement and Recreation” uses are allowed to locate in industrial zoning districts without appropriate review of location and operational criteria and standards, they could have potential adverse effects on surrounding areas. These uses reduce the amount of land available for the primary use and have the potential to limit the location of the primary uses.

The Study Issue was intended to address potential negative impacts of places of assembly in commercial and industrial areas by recommending a policy or zoning code changes for their location. The Study Issue summary did not include other non-industrial or non-industrially serving uses such as amusement and recreation. Staff now finds that it will be important to fold into the study, potential negative impacts and recommended policy dealing with indoor commercial recreation uses as well. The Study Issue cannot be completed in time to deal with the large number of applications for such uses which are anticipated in the coming months.

An urgency ordinance which would place a moratorium on accepting new applications can be adopted, with a minimum 72 hour notice, for a period of 45 days. At the end of 45 days, a 10-month extension can be approved. An additional 12-month extension can be approved at the end of that period. Staff believes that proposed new policies and regulations can be completed in time to be included in the study due to be reviewed by City Council in March 2006. This timeline is within a 10-month extension of the interim ordinance.

Enacting a moratorium will allow the City adequate time to complete a study of the impact of these uses and develop new procedures and regulations regarding “Places of Assembly-Community Serving” uses in the industrial and commercial zoning districts and “Amusement and Recreation” uses in the industrial zoning districts and will minimize potential irreversible change to the character of the subject zoning districts.

The City has been experiencing a large number of Places of Assembly and Amusement and Recreation applications within the industrial and commercial zoned areas. These are not the most compatible uses with traditional industrial and commercial uses. The large number of applications could potentially reduce the amount of land available to traditional industrial and commercial businesses and could defeat the purpose of this study issue to more closely analyze and develop new procedures and regulations in regards to these uses in commercial and industrial zoning districts. Enacting a moratorium on the establishment of these uses in these areas will allow the City adequate time to complete a study and establish a policy on this issue.

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.

City staff is recommending that the City Council approve 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. This action would provide staff adequate time to complete a 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. Staff will need to return to the City Council before November 4, 2005 to extend the moratorium. The extension can be considered at the City Council meeting of November 1, 2005.