Sunnyvale Municipal Code Ch. 19.28 Downtown Specific Plan District

A zoning district entitled "Downtown Specific Plan (DSP)" district is established as shown on the official precise zoning plan, zoning district map, city of Sunnyvale, on file in the office of the city clerk and incorporated by reference.

(Ord. 3162-20 § 2)

(a) It is the purpose of this chapter to support implementation of the DSP and:

(1) Create a vibrant and interesting city center which includes the concentration of many activities vital to sustaining the economic strength, regional prominence, and visual image of the city;

(2) Encourage high-quality, high-intensity development adjacent to public transportation corridors;

(3) Create employment and housing opportunities in a downtown setting and will provide a center for social interaction for residents of the city; and

(4) Support community goals and values by supporting development incentives for community benefits.

(b) The city council makes the following findings that implementation of the downtown specific plan will:

(1) Protect and promote the public health, safety, peace, comfort and general welfare;

(2) Establish the procedure for adoption of the orderly physical development of the district;

(3) Conserve property values and maintain the historic architectural and cultural qualities of properties within the district; and

(4) Protect the character and stability of adjacent residential neighborhoods.

(Ord. 3162-20 § 2)

The DSP is incorporated by this reference. The specific plan includes architectural and downtown design guidelines, site development standards and planned public parks and other facilities which will be implemented through zoning and subdivision regulations, development standards, design guidelines, public and private improvements and an economic development strategy. All planning related activities within the DSP shall comply with both the provisions of the Sunnyvale Municipal Code and the DSP.

(Ord. 3162-20 § 2)

(a) The regulations contained in this chapter shall apply in the DSP district, in conjunction with the standards, guidelines, and plans contained in the DSP document.

(b) Whenever this chapter does not provide specific standards and/or procedures for the review, approval and/or administration of development projects within the DSP district or for appeals concerning approvals or administration of development projects, the standards and procedures contained in this code shall apply. In the event of any inconsistency between this code and the DSP, the DSP shall control.

(c) The owner or occupant of land or buildings used for any purpose in the DSP district shall provide the facilities as required by and which conform with the regulations set forth in this chapter; provided, however, that buildings, structures or uses lawfully constructed or established prior to the effective date of this chapter which do not comply with the provisions hereof shall be deemed legally nonconforming in accordance with the provisions of Chapter 19.50 (Nonconforming Buildings and Uses).

(Ord. 3162-20 § 2)

The downtown specific plan district is divided into subdistricts, referred to as "blocks" to further refine development requirements within the DSP area, as set forth in the DSP document. The location and configuration of the blocks are shown in Figure 5-1 of the DSP and on the precise zoning plan.

(Ord. 3162-20 § 2)

(a) Single-family uses on existing, legally created lots may be maintained in all blocks.

(b) Additions to or new construction of single-family dwellings on existing, legally created lots are subject to design review provisions in Chapter 19.80.

(c) Single-family dwellings and accessory structures must comply with applicable development standards for the R-0 District.

(d) Accessory dwelling units in conjunction with an existing or proposed single-family dwelling or an existing multifamily dwelling structure shall meet the provisions of Chapter 19.79.

(Ord. 3162-20 § 2)

(a) Use Table. Table 19.28.070 sets forth those uses which are permitted, conditionally permitted, and prohibited in mixed use, commercial and office DSP blocks and the type of approval a use requires.

(1) Permitted (P). A use shown with "P" in the table is allowed subject to compliance with all applicable provisions of this title. If the proposed use includes new construction, changes to the exterior of a building or other site modification, design review is required in accordance with the provisions of Chapter 19.80, Design Review.

(2) Miscellaneous Plan Permit (MPP). A use shown with "MPP" in the table requires the approval of a miscellaneous plan permit, in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit. If there is an existing valid miscellaneous plan permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another miscellaneous plan permit.

(3) Special Development Permit (SDP). A use shown with "SDP" requires approval of a special development permit, in accordance with the provisions of Chapter 19.90, Special Development Permit, whichever applies. If there is an existing valid use permit or special development permit, and no new construction or expansion is proposed, then such use may be conducted without requiring another use permit or special development permit.

(4) Not Permitted. (N). A use shown with "N" in the table is prohibited.

(b) Compliance. It is a violation of this chapter to:

(1) Engage in a use that is conditional without complying with the imposed conditions;

(2) Engage in a prohibited use;

(3) Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c) Heritage Resources. Changes to any heritage resource or to a property within a heritage district may require a landmark alteration permit or resource alteration permit as set forth in Chapter 19.96.

Table 19.28.070 Permitted, Conditionally Permitted and Prohibited Uses in Mixed Use, Commercial and Office DSP Blocks

Notes:

(Ord. 3162-20 § 2)

(a) Use Table. Table 19.28.080 sets forth those uses which are permitted, conditionally permitted, and prohibited in residential DSP blocks and the type of approval a use requires.

(1) Permitted (P). A use shown with "P" in the table is allowed subject to compliance with all applicable provi-sions of this title. If the proposed use includes new construction, changes to the exterior of a building or other site modi-fication, design review is required in accordance with the provisions of Chapter 19.80, Design Review.

(2) Miscellaneous Plan Permit (MPP). A use shown with "MPP" in the table requires the approval of a miscel-laneous plan permit, in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit. If there is an exist-ing valid miscellaneous plan permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another miscellaneous plan permit.

(3) Special Development Permit (SDP). A use shown with "SDP" requires approval of a special development permit, in accordance with the provisions of Chapter 19.90, Special Development Permit, whichever applies. If there is an existing valid use permit or special development permit, and no new construction or expansion is proposed, then such use may be conducted without requiring another use permit or special development permit.

(4) Not Permitted (N). A use shown with "N" in the table is prohibited.

(5) By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if a Special Development Permit is listed in Table 19.28.080.

(b) Compliance. It is a violation of this chapter to:

(1) Engage in a use that is conditional without complying with the imposed conditions;

(2) Engage in a prohibited use;

(3) Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c) Heritage Resources. Changes to any heritage resource or to a property within a heritage district may require a landmark alteration permit or resource alteration permit as set forth in Chapter 19.96.

Table 19.28.080 Permitted, Conditionally Permitted and Prohibited Uses in Residential DSP Blocks

(Ord. 3162-20 § 2; Ord. 3189-22 § 7; Ord. 3223-24, 2/6/2024)

Each lot in each block shall conform to applicable provisions for frontage, interior side and rear setbacks, as set forth in Tables 19.28.090(a) through (e). Development projects must also comply with block-specific site development stand-ards in the DSP document and other applicable provisions of the Sunnyvale Municipal Code including required facilities in Chapter 19.38.

Additional development potential and building height are possible through the use of local and state density bonus pro-grams or through provision of community benefits, identified in Section 5.1.3 of the DSP. For blocks where the allowa-ble lot coverage is indicated as "Per SDP" means that lot coverage shall be evaluated on a project-by-project basis through the special development permit process. Covered porches, stoops, and stairways may extend up to six feet into any required front yard.

Table 19.28.090(a) Development Standards for Commercial Core District Block 18

Table 19.28.090(b) Development Standards for North of Washington District Blocks 1, 1a, 2, 21 and 22

Table 19.28.090(c) Development Standards for Sunnyvale/Carroll District Blocks 3, 4, 5, 6, 7 and 23

Table 19.28.090(d) Development Standards for South of Iowa District Blocks 8, 8a, 8b, 9, 9a, 10, 11, 12, 13, and 20

Table 19.28.090(e) Development Standards for West of Mathilda District Blocks 14, 15, 16, and 17

(Ord. 3162-20 § 2)

(a) Vehicle Parking Standards. Vehicle parking requirements are listed in Table 19.28.100(a) unless exempted by Section 19.46.030.

(1) Other Provisions. Refer to Chapter 19.46 for definitions; parking space dimensions and lot design; adjust-ments to parking requirements; parking management plans and tools; and any uses not listed.

(2) Calculating Required Parking. When calculating required parking, any portion of a parking space shall be rounded up to the next whole number.

(3) Parking Management Plan. New developments where parking is required or voluntarily provided require a parking management plan in accordance with Section 19.46.160.

(b) Shared Parking. Shared parking may be allowed for differing uses and is encouraged for trip reduction programs such as car sharing and other transportation demand management programs. Parking analysis will be evaluated with the application submittals for the special development permit, and a shared parking agreement or a parking management plan may be required.

(c) For Projects Within the Parking District. All non-residential development projects within the boundaries of a parking district (created by the action of the city council) shall prepare a parking analysis to determine how the required parking will be provided. The analysis shall include parking provided by the parking district, parking provided onsite, and parking provided in other locations. Residential uses shall provide assigned parking for residents onsite.

(d) Special Provisions for the Downtown Specific Plan. The following criteria shall apply within the boundary of the DSP.

(1) Tandem Parking. Tandem parking may be provided for a multiple-family residential use up to one hundred percent of the units. Each set of tandem spaces must be assigned to the same unit. Required unassigned spaces shall not be provided as tandem parking.

(2) Minimum Unassigned Parking for Multiple-family Uses. When two assigned spaces are provided for a mul-tiple-family residential unit (including tandem parking) the number of unassigned spaces may be reduced by twenty-five percent for each unit with more than one assigned space.

(3) Senior and Affordable Housing. The provisions of Section 19.46.080 shall apply within the boundary of the DSP.

(e) Loading Spaces. Loading spaces shall conform with the provisions of Chapter 19.46.

(f) Bicycle Parking Standards. Bicycle parking requirements shall comply with the Santa Clara Valley Transporta-tion Authority (VTA) Guidelines. Reductions or deviations from these requirements may be determined as part of the project review on a case-by-case basis in accordance with the DSP and implementing regulations. Except that the mini-mum number of Class II bike spaces in any location should be two (four-bicycle capacity).

Table 19.28.100(a) Vehicular Parking Standards

(Ord. 3162-20 § 2; Ord. 3206-22 § 1; Ord. 3207-23 § 1)

All subdivisions and parcel maps shall comply with the minimum subdivision regulations, standards and improve-ments as set forth in Title 18, with the following special considerations:

(a) Minimum lot area shall conform to the requirements in Table 19.28.090.

(b) Remnant parcels which do not meet minimum lot area requirements shall not be created be created. A parceliza-tion plan for a block shall be submitted to the director of community development as part of the special development permit review process.

(c) Whenever a subdivision or merger of land or a map is required to be filed in connection with a project within the DSP district, no building permit shall be issued for the project unless and until all of the requirements, including re-cordation, related to final subdivision or parcel maps have been met, unless otherwise approved, in writing, by the direc-tor of community development.

(Ord. 3162-20 § 2)