Chapter 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)

commercial and office DSP blocks.

(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

DSP MIXED USE, COMMERCIAL AND OFFICE BLOCKS 1 1a 2 3 7 13 18 20 21 22

1. Residential

A. Single-family dwelling and accessory buildings and uses N N N N N SDP N SDP N N developed on an existing, legally created lot per Section

C. Two-family dwelling (duplex) N N N N N N 1 N N 1 N N

D. Multiple-family dwellings (3 or more units, or more than 1 N SDP N N SDP N 1 SDP N 1 N N main building) and accessory buildings and uses

E. Boarding for less than 3 persons N P P P P P P P N N

F. Facilities caring for 6 or fewer persons, as declared by the state N P P P P P P P N N to be a residential use

2. Education, Recreation and Places of Assembly

A. Education – Recreation and enrichment SDP SDP SDP SDP SDP SDP SDP SDP N SDP

B. Education – Primary and high school N N N N N N N N N N

C. Education – Institution of higher learning N N N N N N N N N N

D. Recreational and athletic facilities SDP SDP SDP SDP SDP SDP SDP SDP N SDP

E. Places of assembly – Business serving SDP SDP SDP SDP SDP N N SDP N SDP

F. Places of assembly – Community serving N N N N N N N N N N

G. Parks and playgrounds SDP SDP SDP SDP SDP SDP SDP SDP N N

H. Entertainment establishments SDP SDP SDP SDP N N SDP N N SDP

I. Card rooms N N N N N N N N N N

Table 19.28.070

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

DSP MIXED USE, COMMERCIAL AND OFFICE BLOCKS 1 1a 2 3 7 13 18 20 21 22

3. Commercial Uses

A. Assembly, compounding, manufacture or processing of N N N N N N N N N N merchandise or products, except such as are customarily incidental or essential to permitted use

B. Automobile service stations N N N N N N N N N N

C. Automobile vehicle-related parts sales, rentals, sales, repair or N N N N N N N N N N service uses

D. Child care/ adult day care center/ nursery schools SDP SDP SDP SDP SDP SDP SDP SDP N SDP

E. Drive-through businesses N N N N N N N N N N

F. Financial institutions such as banks and savings and loans MPP MPP MPP MPP MPP MPP MPP MPP N MPP

G. Hotels and motels SDP SDP N SDP SDP SDP SDP N N SDP

H. Medical clinic MPP MPP MPP SDP MPP SDP SDP MPP N MPP

I. Office: not located on ground floor P P P P P P P P N P

J. Office: ground floor dependent P P P MPP P MPP MPP P N P

K. Office: non-ground floor dependent P P MPP SDP MPP SDP SDP MPP N P

L. Personal service MPP P P P P MPP P P N P

M. Package liquor retail sales, when not combined with another N SDP N SDP SDP N SDP N N N permitted use

N. Pawn broker shops N N N N N N N N N N

O. Bar or Nightclub SDP SDP SDP SDP SDP SDP SDP SDP N SDP

P. Repair shops for household appliances and wearing apparel SDP SDP SDP SDP SDP SDP SDP SDP N SDP

Q. Retail business, including take-out retail food establishments P P P P P SDP P SDP MPP P

Table 19.28.070

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

DSP MIXED USE, COMMERCIAL AND OFFICE BLOCKS 1 1a 2 3 7 13 18 20 21 22

R. Retail services such as laundry, repair shops, etc. P P P P P P P P N P

S. Restaurants and fast food restaurants that may have on sale MPP MPP MPP MPP MPP MPP MPP MPP MPP MPP beer and wine service

T. Restaurants and fast food restaurants that have on sale general SDP SDP SDP SDP SDP SDP SDP SDP N SDP alcoholic beverage service

4. Accessory Uses

A. Retail commercial uses incidental to and in combination with SDP SDP SDP SDP SDP SDP SDP SDP N N residential uses in a mixed-use project

B. Outdoor dining in conjunction with an approved restaurant use MPP MPP MPP MPP MPP MPP MPP MPP N MPP

C. Accessory dwelling units See See See See See See See See See See Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter

blocks.

(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

4, 5, 14, 8, 9, 10, 11,

DSP RESIDENTIAL BLOCKS 15, 16, 23 6 12, 17 8a 8b, 9a

1. Residential

A. Single-family dwelling on an existing, legally created lot per Section 19.28.060 P P P P P

B. Single room occupancy (SRO) facilities SDP N N N N

C. Two-family dwelling (duplex) N N P N N

D. Dual Urban Opportunity Housing MPP MPP MPP MPP MPP

E. Multiple-family dwellings (3 or more units, or more than 1 main dwelling) SDP SDP SDP SDP SDP

F. Boarding and lodging for less than 3 persons P P P P P

G. Facilities caring for 6 or fewer persons, as declared by the state to be a P P P P P residential use

H. Residential mobilehome park site N N N N N

2. Education, Recreation, and Places of Assembly

A. Parks and playgrounds SDP SDP SDP SDP SDP

B. Education – Recreation and enrichment N N N N N

C. Education – Primary and high school N N N N N

D. Education – Institution of higher learning N N N N N

E. Recreational and athletic facilities N N N N N

F. Places of assembly – Business serving N N N N N

G. Places of assembly – Community serving SDP SDP SDP SDP SDP

H. Card rooms N N N N N

3. Commercial Uses

Table 19.28.080

Permitted, Conditionally Permitted and Prohibited Uses in Residential DSP Blocks

4, 5, 14, 8, 9, 10, 11,

DSP RESIDENTIAL BLOCKS 15, 16, 23 6 12, 17 8a 8b, 9a

A. Child care/adult day care center/nursery schools SDP SDP SDP SDP SDP

B. Hotels or motels SDP N N N N

C. Rest homes SDP SDP SDP SDP SDP

4. Accessory Uses

A. Accessory dwelling units See See See Chapter See See Chapter Chapter 19.79 Chapter Chapter

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

(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

Minimum Number of Parking
Land Use Spaces Required Other Provisions

Single-Family Residential 1 assigned and covered per unit None
+ 1 uncovered per unit

Multiple-Family Residential 1 assigned and covered per unit Assigned spaces may not be
Studio or 1 Bedroom +0.5 unassigned per unit compact. Up to ten percent of
the total number of unassigned Multiple-Family Residential 1 assigned and covered per unit
parking spaces may be 2-Bedroom +0.7 unassigned per unit
compact in parking lots of ten
Multiple-Family Residential 1 assigned and covered per unit or more spaces.
3-Bedroom and larger + 1 unassigned per unit

Office 2 per 1,000 sq. ft. Maximum 4 per 1,000 sq. ft.

Retail (freestanding) 4 per 1,000 sq. ft. Maximum 5 per 1,000 sq. ft.

Table 19.28.100(a)

Vehicular Parking Standards

Minimum Number of Parking
Land Use Spaces Required Other Provisions

Retail (mixed use) 2 per 1,000 sq. ft.

Medical Clinic 3.3 per 1,000 sq. ft.

Restaurant without Bar 9 per 1,000 sq. ft.
(freestanding)

Bar or Restaurant with Full Bar 13 per 1,000 sq. ft.
(freestanding)

Assembly/Theater 1 per 3 seats

Hotel 0.8 spaces per hotel room Parking management plan
required

Any Use within the Parking Parking requirements
District consistent with Section

(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)