Chapter 19.29 — MOFFETT PARK SPECIFIC PLAN DISTRICT

A Moffett Park Specific Plan (MPSP) district (with associated zoning districts and combining zoning district con-tained in this chapter) 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. 3218-23 § 1)

(a) The MPSP districts are established to implement the MPSP, which is incorporated herein by reference. The MPSP is a comprehensive, long-term planning document for the MPSP area. It includes land use districts and programs; site design, building design, and ecological development standards; open space and urban ecology types, standards, and guidelines; complete street standards; parking and transportation demand management requirements; and infrastructure and utility enhancement; among other components.

(b) The purpose of MPSP is to establish a well-connected ecological innovation district with a diverse mix of uses, including, but not limited to, residential, office, and commercial uses, that serves as a model of resilience, climate protec-tion, equity, and economic opportunity. To achieve the vision for an ecological innovation district, the Guiding Princi-ples offer more specific direction regarding how strategies and activities within Moffett Park can be implemented over time:

(1) Maintain Moffett Park as an integral part of Sunnyvale;

(2) Establish Moffett Park as a model community through its commitment to
comprehensively addressing resil-ience, climate protection, and equity in all
activities;

(3) Evolve Moffett Park into a vibrant and inclusive community where all people can
thrive;

(4) Maintain and strengthen Moffett Park as a diverse economic engine that supports
economic prosperity for all;

(5) Create a connected, accessible district that prioritizes the movement of people over
vehicles to reduce climate pollution and to support a healthy community;

(6) Cultivate dynamic and connected public spaces that accommodate the physical and
social needs of all users;

(7) Create a healthy, resilient, and biodiverse environment; and

(8) Integrate innovative and emerging technologies in the district to support community-
wide goals.

(c) The council finds that the MPSP 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 MPSP district by defining development procedures and requirements to obtain the objectives of the MPSP;

(3) Promote the city's goals of smart growth and sustainable development;

(4) Diversify and strengthen the commercial and residential opportunities and fiscal health of the city.

(Ord. 3218-23 § 1)

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

(b) Whenever this chapter or the MPSP document does not provide specific standards and/or procedures for the review, approval, and/or administration of development projects within the MPSP district or for appeals concerning ap-provals or administration of development projects, the provisions of the Sunnyvale Municipal Code shall apply.

(c) In the event of any conflict between the provisions of this chapter and the provisions of the Sunnyvale Municipal Code, the provisions of this chapter shall prevail.

(d) The owner or occupant of land or buildings used for any purpose in the MPSP district shall provide the facilities as required by and which conform with the regulations set forth in this chapter; provided, however, that buildings, struc-tures, or uses lawfully constructed or established prior to the effective date of this chapter that do not comply with the provisions hereof shall be deemed legally nonconforming in accordance with the provisions of Chapter 19.50. (Ord. 3218-23 § 1)

"Development reserve" means the allowed net new office, research & development, and industrial floor area studied under the environmental impact report. bonus FAR developments are eligible to apply for bonus floor area allo-cation from the development reserve.

(1) "Base FAR reserve" means the net new office, research & development, and industrial floor area for exist-ing parcels to meet their base FAR.

(2) "Neighborhood reserve" means the net new office, research & development, and industrial floor area dis-tributed by neighborhood for bonus FAR development.

(3) "Small project reserve" means the portion of net new office, research & development, and industrial floor area less for nonresidential projects less than one hundred fifty thousand square feet.

Floor area.

(1) "Base floor area ratio" means the maximum allowed nonresidential intensity for a parcel without the addi-tion of bonus FAR.

(2) "Bonus floor area ratio" means the allowed office and research & development intensity for a parcel if de-velopment meets bonus FAR development standards, including community

benefits, on net new floor area.

(3) "Total floor area ratio maximum" means the maximum density for a parcel inclusive of office and research & development floor area, commercial and retail areas, residential floor area, and transfer of development rights floor area from sending parcels. (Ord. 3218-23 § 1)

The MPSP establishes the following zoning and combining zoning districts:

(a) Moffett Park - Activity Center (MP-AC) District. The MP-AC district is a vibrant, mixed- use place that allows for a mix of office, residential, and commercial uses. The district accommodates neighborhood-serving commercial uses, community services, and entertainment in ground floor storefronts facing public streets, parks, and open space.

(b) Moffett Park - Residential (MP-R) District. The MP-R district allows for very high-density housing.

(c) Moffett Park - Mixed-Use (MP-MU) District. The MP-MU district allows standalone residential, standalone office, or a mixed-use development.

(d) Moffett Park - Office 1 (MP-O1) District. The MP-O1 district provides for the potential densification of existing office campuses in the Polsolmi and Onizuka Neighborhoods with corporate and professional office uses and does not permit residential development. MP-O1 may be combined with the Moffett Park ecological combining district (ECD) as provided for in Chapter 19.26.

(e) Moffett Park - Office 2 (MP-O2) District. The MP-O2 district provides for higher-intensity corporate and profes-sional office uses in proximity to the MP-AC, MP-R, MP-MU, and high-quality transit and does not permit residential development.

(f) Moffett Park - Mixed Employment 1 (MP-E1) District. The MP-E1 district allows for a mix of uses, including corporate and professional office light industrial, and other nonresidential uses in an urban pattern with integrated open space. It does not permit residential development.

(g) Moffett Park - Mixed Employment 2 (MP-E2) District. The MP-E2 district allows for a mix of office, research & development, and industrial uses and does not permit residential development.

(h) Moffett Park - Mixed Employment 3 (MP-E3) District. The MP-E3 district allows for a mix of office, research & development, and light industrial and does not permit residential development. MP-E3 shall be combined with the Mof-fett Park ECD as provided for in Chapter 19.26.

(i) Moffett Park - Hospitality (MP-H) District. The district allows for hotel and hospitality uses and does not permit residential development.

(j) Moffett Park - Public Facilities (MP-PF) District. The public facilities district allows for governmental, public utility, and educational buildings and facilities, and other uses compatible with the public character of the district and does not permit residential development.

(k) Moffett Park Ecological Combining District (ECD). The ecological combining district preserves, expands, and enhances the ecological value of the existing and potential green space and biological resources located within the northwest corner of the Moffett Park Specific Plan area, and provides opportunities for public access and passive recrea-tion. (Ord. 3218-23 § 1)

(a) Development Types and Use Table. Table 19.29.060 sets forth the development types and uses, respectively, that are permitted, conditionally permitted, and prohibited in the Moffett Park zoning districts.

(1) Permitted (P).

(2) Special development permit (SDP).

(3) Miscellaneous plan permit (MPP).

(4) Not permitted (N).

(b) Ecological Combining Zoning District. New commercial, industrial, office, and residential uses shall not be al-lowed in the ECD.

(c) Neighborhood-Serving Uses. Neighborhood-serving uses are listed under Section 19.29.080.

(d) Innovation and Creation Space. Innovation and creation space uses are listed under Section 19.29.090.

(e) 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 19.29.060.

Table 19.29.060

Permitted, Conditionally Permitted, and Prohibited Uses in MPSP Districts

MP-O1,

Use MP-O2 MP-E1 MP-E2 MP-E3 MP-H MP-AC MP-MU MP-R MP-PF

Office

Professional or medical office, not located on the ground floor P P P P SDP MPP MPP N N

Professional or medical offices, located on the ground floor less P P P P SDP MPP MPP N N than 1,000 square feet

Professional or medical office, located on the ground floor MPP MPP MPP MPP SDP SDP MPP N N greater than 1,000 square feet

Ground floor dependent office less than 1,000 square feet P P P P N MPP MPP N P

Ground floor dependent office greater than 1,000 square feet MPP MPP MPP MPP N MPP MPP N MPP

Administrative office, not located on the ground floor P P P P SDP MPP MPP N N

Administrative office, located on the ground floor greater than P P P P SDP MPP MPP N N 1,000 square feet

Administrative office, located on the ground floor greater than P P P P SDP SDP SDP N N 1,000 square feet

Research and development office MPP MPP MPP MPP SDP SDP MPP N N

Medical clinic MPP MPP MPP N SDP MPP MPP N N

Industrial, Manufacturing and Warehousing

Electronic data storage and data server farms N SDP MPP MPP N N SDP N N

Table 19.29.060

Permitted, Conditionally Permitted, and Prohibited Uses in MPSP Districts

MP-O1,

Use MP-O2 MP-E1 MP-E2 MP-E3 MP-H MP-AC MP-MU MP-R MP-PF

Manufacture, processing, repair, compounding, packaging, SDP P P P N SDP SDP N N assembly or treatment plants or facilities for equipment, materials or products, including production bakeries and food processing activities (non-hazardous materials).

Printers, copiers, and engravers using chemical processes SDP SDP SDP SDP N N N N N

Wholesale or commercial storage or warehousing of MPP MPP MPP MPP N N N N N merchandise or products within a building

Hazardous materials storage as defined in Title 20 of the P P P P N N N N N Municipal Code

Hazardous materials storage facilities which meet the criteria of MPP MPP MPP MPP N N N N N Section 19.22.060 of the Zoning Code

Hazardous materials storage facilities which do not meet the SDP SDP SDP SDP N N N N N criteria of Section 19.22.060 of the Zoning Code

Hazardous wastes management facilities which meet the criteria SDP SDP SDP SDP N N N N N of Section 19.22.070 of the Zoning Code

Automotive

Automobile service station N MPP P SDP SDP N N N N

Electric vehicle charging facility MPP MPP MPP MPP MPP MPP MPP MPP MPP

Auto dealership N N N N N N N N N

Auto broker for 3 or fewer vehicles on site MPP N N N N N N N N

Sale or rental of utility trailer, heavy equipment, or machinery N SDP SDP SDP N N N N N

Automobile repair and service N N N N N N N N N

Car wash facility N SDP SDP SDP N SDP N N N

Table 19.29.060

Permitted, Conditionally Permitted, and Prohibited Uses in MPSP Districts

MP-O1,

Use MP-O2 MP-E1 MP-E2 MP-E3 MP-H MP-AC MP-MU MP-R MP-PF

Auto service if incidental to other permitted uses N MPP MPP MPP N N N N N

Commercial, Retail and Services

Retail sales and services, excluding uses listed individually P P MPP P P P P MPP N below

Retail sales and retail services, if incidental to other permitted P P MPP P P P P P N uses

Financial institution P N N N MPP P P N N

Financial institution with drive-through N N N N N N N N N

Shopping center N MPP MPP P P P P MPP N

Automotive showrooms N N N N N SDP SDP N N

Retail sales with drive-through N N N N N N N N N

Liquor store, within 200 feet of public schools N N N N N N N N N

Liquor store, outside 200 feet of public schools P P N N N P P N N

Animal hospital SDP SDP N SDP N SDP SDP N N

Animal boarding N SDP N N N SDP N N N

Animal grooming service SDP SDP SDP N N MPP MPP N N

Animal shelter N SDP SDP SDP N N N N N

Personal service P P N N P P P P N

Service commercial P P MPP N P P P N N

Childcare centers, business-sponsored SDP SDP N N N SDP SDP N N

Childcare centers, 30 or fewer children MPP MPP N N N MPP MPP MPP N

Table 19.29.060

Permitted, Conditionally Permitted, and Prohibited Uses in MPSP Districts

MP-O1,

Use MP-O2 MP-E1 MP-E2 MP-E3 MP-H MP-AC MP-MU MP-R MP-PF

Childcare centers, more than 30 children SDP SDP N N N SDP SDP SDP N

Payday lending establishment (refer to the section re: payday N N N N N N N N N lending)

Massage establishment, subject to provisions of SMC Chapter P P N N P P P N N

(a) FAR and Density. Allowed FAR and residential density applicable for each zoning district are set forth in Table 2 of MPSP Section 4.4.

(b) Site Master Plan. All developments shall submit a Site Master Plan. Site Master Plans shall identify horizontal development, streets, open spaces, district infrastructure, and allocation of vertical development per MPSP Section 10.3.

(c) Bonus and Maximum FAR for Nonresidential Development.

(1) Additional FAR may be allowed to exceed base FAR, up to the bonus FAR maximum, for developments that meet the following requirements:

(A) Development agreement;

(B) LEED BD+C Platinum and a whole building life cycle assessment;

(C) On-site open space and improvement contribution;

(D) Community benefit contribution.

(2) Developments may also be allowed to exceed the bonus FAR maximum for the district through the Transfer of Development Rights (TDR) Program up to the total FAR maximum.

(d) Density for Residential Development.

(1) Minimum Density. All new residential development in the MP-AC and MP-R and MP-MU zoning districts shall be built to at least the minimum density as set forth in MPSP Section 4.3.

(2) Residential developments shall meet the following requirements:

(A) A minimum of one hundred twenty points on the GreenPoint Rated Checklist.

(B) On-site open space and improvement contribution.

(e) Additional standards, requirements, and details for all development, base and bonus FAR for nonresidential de-velopment, and residential development are set forth in the MPSP Section 4.4 (General Land Use).

(f) Height. All development shall comply with the maximum height limits set forth in MPSP

(a) Neighborhood Serving Uses Required. Neighborhood-serving uses shall be required per Figure 27 of MPSP Section 4.6.

(1) Neighborhood-Serving Uses. The following land uses are considered neighborhood- serving retail and commercial uses:

Table 19.29.080

Neighborhood-Serving Uses in MPSP Districts

Neighborhood-Serving Neighborhood-Serving
Retail and Office and

Use Commercial Uses Community Uses

Office

Professional office No Yes

Medical office No Yes

Ground floor dependent office No Yes

Medical clinic No Yes

Commercial, Retail and Services

Retail sales and services (excluding retail Yes No sales and services with drive-through)

Financial institution (excluding financial Yes No institution with drive-through)

Shopping center Yes No

Automotive showrooms Yes No

Liquor store, outside 200 feet of public Yes No schools

Animal hospital Yes No

Animal boarding Yes No

Animal grooming service Yes No

Personal service Yes Yes

Service commercial Yes

Childcare centers, 30 or fewer children No Yes

Childcare centers, more than 30 children No Yes

Art gallery Yes Yes

Restaurants, Eating and Drinking Establishments

Restaurant, without beer and wine Yes No

Restaurant, with beer and wine Yes No

Restaurant, with general liquor Yes No

Restaurant, with drive-through Yes No

Restaurant, take-out only Yes No

Education, Recreation and Places of Assembly

Education - recreation and enrichment No Yes

Education - institution of higher learning No Yes

Table 19.29.080

Neighborhood-Serving Uses in MPSP Districts

Neighborhood-Serving Neighborhood-Serving
Retail and Office and
Use Commercial Uses Community Uses

Other

Manufacture, processing, repair, Yes Yes
compounding, packaging, assembly or
treatment plants or facilities for equipment,
materials or products, including production
bakeries and food processing activities, and
"makers space" (Non-hazardous
materials)1

Public service use or facility No Yes

Notes:

1 Subject approval by the director of community development through a Miscellaneous
Plan Permit (MPP).

(b) Neighborhood-Serving Uses. The following neighborhood-serving uses shall comply the standards set forth in MPSP Section 4.6:

(1) Retail and commercial ground floors.

(2) Medium format retail.

(3) Neighborhood-serving office and community uses.

(4) Community center and library uses.

(c) Floor Area Exemption. Floor area of the neighborhood-serving uses shall be exempt from the gross floor area calculations, including allowed FAR, community benefit, or development reserve calculations.

(d) Permit requirements are established in Table 19.29.060. (Ord. 3218-23 § 1)

(a) Innovation and Creation Space. Innovation and creation spaces are required for new office, research and devel-opment, and industrial development except as set forth in MPSP Section 4.7.

(1) Innovation Space. The following land uses are considered innovation space:

(A) Professional office.

(B) Medical office.

(C) Ground floor dependent office.

(2) Creation Space. The following land uses are considered creation space:

(A) Manufacture, processing, repair, compounding, packaging, assembly or treatment plants or facilities for equipment, materials or products, including production bakeries and food processing activities (non-hazardous mate-rials).

(B) Research and development for start-ups and small businesses. See MPSP Section 4.7 for further clarification.

(C) Education - institution of higher learning, subject to approval by the director of community develop-ment through a Miscellaneous Plan Permit (MPP).

(D) Art gallery, subject to approval by the director of community development through a Miscellaneous Plan Permit (MPP).

(E) Artist studio, subject to approval by the director of community development through a Miscellaneous Plan Permit (MPP).

(3) Space shall be provided as innovation, creation, or a combination of both.

(4) A minimum of 7.5% of all net new office and research and development space shall be provided as innova-tion space.

(5) A minimum of five percent of all net new office and research and development space shall be provided as creation space.

(b) Space may be consolidated into one site or adjacent sites with a Site Master Plan.

(c) Space shall comply with standards listed in MPSP Section 4.7.

(d) Permit requirements are established in Table 19.29.060. (Ord. 3218-23 § 1)

(a) Development Reserve. Development projects may request additional square footage from the development re-serve that exceeds the base FAR of the site up to the bonus FAR maximum for the land use district as set forth in Table 2 of MPSP Section 4.4. The development reserve allocates bonus FAR to each neighborhood in Moffett Park to ensure growth targets can be met across the site. The development reserve sets up a "small project reserve" for smaller devel-opment projects. Procedures for determining the amount of square footage in the pool and its availability are set forth in the MPSP.

(b) Transfer of Development Rights (TDR). The MPSP allows transfer of nonresidential development rights to in-centivize the specific plan priorities related to open space, urban ecology, public school, publicly accessible open space, and community facility site acquisition, and residential development. Nonresidential bonus FAR maximums may be exceeded through the transfer of development rights from one parcel to another parcel within Moffett Park. The details, requirements, and process for obtaining additional TDR square footage are set forth in the MPSP.

(1) The MPSP establishes three TDR programs.

(A) Public schools, publicly accessible open spaces, and community facilities.

(B) Residential development.

(C) Moffett Park ecological combining district.

(2) All the nonresidential floor area on a sending parcel may be transferred in its entirety, to a single receiving parcel, or in separate increments to several receiving parcels. Receiving parcels may receive floor area from multiple sending parcels. Individual receiving parcels may not exceed the total FAR maximum as set forth in Table 2 of MPSP Section 4.4.

(c) TDR for ECD. The MPSP allows transfer of nonresidential development rights to incentivize the specific plan priorities related to open space and urban ecology. The details, requirements, and process for obtaining additional TDR square footage are set forth in the MPSP.

(1) All the nonresidential floor area and developable square footage up to the base FAR on a sending parcel may be transferred in its entirety, to a single receiving parcel, or in separate increments to several receiving parcels. Re-ceiving parcels may receive floor area from multiple sending parcels. Individuals receiving parcels may not exceed the total FAR maximum as set forth in Table 2 of MPSP Section 4.4.

(2) The ECD does not limit the gross parcel area for determining the amount of development permitted to be transferred.

(3) The property owner shall submit a Habitat Enhancement and Management Plan, developed by a qualified biologist, which includes habitat enhancements, a maintenance and management plan, and adherence to additional stand-ards in the MPSP. (Ord. 3218-23 § 1)

(a) Site Design. The MPSP established site design standards which regulate block design, building placement and setbacks, and lot coverage. These standards support the health and safety of future residents and employees by providing standards to ensure a walkable block structure and safe pedestrian experience, reduce vehicle miles traveled, contribute to climate mitigation efforts, minimize the heat island effect, and improve ecological resiliency. The details and require-ments for the site design are set forth in the MPSP. The MPSP establishes standards for:

(1) Block structure.

(2) Building setbacks.

(3) Lot coverage and paving area.

(b) Building Design. The MPSP established site design standards which regulate various aspects of building design. The details and requirements for the building design are set forth in the MPSP. The MPSP establishes standards for:

(1) Building height and ground floor elevation.

(2) Building massing.

(3) Ground flood design and building entries.

(4) Usable open space.

(5) Parking facility design.

(6) Building elements and required facilities.

(c) Ecological Development Standards. To ensure development applicants meet a high standard of ecological de-sign, the MPSP establishes requirements for landscape design, lighting, impervious coverage, tree canopy, perches, ur-ban forestry, and bird safe design. The details and requirements are set forth in the MPSP.

(d) Exceptions to Standards. New developments may be provided with flexibility in meeting design standards based on special site conditions and constraints. To be considered for an exception, applicants for new development must:

(1) Provide findings on how the new development project meets the goals, policies, and
intent of the standard where the exception is requested; and

(2) Document constraints to meeting the standard. Exceptions from quantitative
standards shall not deviate more than ten percent plus or minus from the standard.

(3) Exceptions may apply to the following standards:

(A) 4.6 Neighborhood-Serving Uses

(B) 5.2.1 Block Structure

(C) 5.2.2 Building Setbacks

(D) 5.2.3 Lot Coverage and Paving Area

(E) 5.3.2 Building Massing

(F) 5.3.3 Ground Floor Design and Building Entries

(G) 5.3.5 Parking Facility Design

(H) 5.3.6 Building Elements and Required Facilities

(I) 6.6.3 Urban Forest

(J) 7.3 Complete Street Design Standards

(Ord. 3218-23 § 1)

(a) Transportation Management Association (TMA) and Transportation Demand Management (TDM). All devel-opment in MPSP shall be required to participate in The MPSP establishes requirements for participation in a TMA and for preparation of a TDM plan to reduce single occupancy vehicle travel, minimize peak period vehicle trips, and mini-mize overall vehicle miles traveled by shifting trips to transit, biking, walking, scooting, or rideshare. All new residential projects with ten or more units and new nonresidential projects of five thousand square feet or more shall be required to join the TMA and submit

a TDM plan for each project site. The details and requirements for the TMA and TDM are set forth in the MPSP.

(b) Maximum Parking Requirements. All new development shall adhere to the maximum parking requirements in Table 24 in MPSP Section 8.3.1. A project may exceed that maximum by up to fifty percent of the maximum ratio, pro-vided that all of the additional spaces over the maximum shall be shared with the public at all times. Parking maximums for new development shall be phased in over time. The details and requirements for vehicle parking and loading are set forth in the MPSP.

(c) Shared Parking. Shared parking may be allowed for different uses on the same property or across different prop-erties to reduce the number of spaces provided as set forth in the MPSP. A shared parking management plan is required.

(d) Carpool/Vanpool and Electric Vehicles. A minimum number of carpool/vanpool and electric vehicles shall be provided by new development as set forth in the MPSP.

(e) Loading. Off-street freight and equipment loading spaces shall be provided for all development as set forth in the MPSP.

(f) Bicycle Parking. All new development shall adhere to the bicycle parking, shower, and locker requirements in Table 28 of MPSP Section 8.5. The details and requirements for bicycle parking are set forth in the MPSP. (Ord. 3218-23 § 1)

(a) Applicability. Landscape and open space standards apply in connection with new construction, replacement, or expansion in floor area of any structure.

(b) Specific Plan. Refer to Section 5.4 and Chapter 6 of MPSP for additional open space and landscaping standards and requirements.

(c) Additional Requirements. Refer to Chapter 19.37 of the Municipal Code for additional landscaping, irrigation, and open space requirements not covered by this section.

(d) Minimum Usable Open Space Dimensions. Each usable open space area shall have at least a twelve-foot dimen-sion in any direction except for private balconies must have a minimum of seven feet in any direction.

Table 19.29.130

Landscaping and Open Space Requirements

Surface Parking
Usable Open Other Lot Landscaped Total
Zoning District Space Landscaped Area Area Landscaped Area

MP-R 50 sq. ft./unit 20% of lot area 20% of the No less than 20%
parking lot area, of lot area MP-AC, MP-MU 50 sq. ft./unit 12.5% of lot area
including
MP-H — associated drive
MP-O1, MP-O2 — 10% of lot area aisles

Table 19.29.130

Landscaping and Open Space Requirements

Surface Parking
Usable Open Other Lot Landscaped Total
Zoning District Space Landscaped Area Area Landscaped Area

MP-E1, MPE-2, MP- —
E3, MP-PH

(Ord. 3218-23 § 1)