Sunnyvale Municipal Code Ch. 19.36 El Camino Real Specific Plan District

An El Camino Real Specific Plan (ECRSP) district (with associated zoning districts contained 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. 3194-22 § 1)

(a) The zoning districts associated with the ECRSP district are established to implement the ECRSP, which is incorporated herein by reference. The ECRSP is a comprehensive, long-term planning document for the area and includes architectural and design guidelines, site development standards, public facility improvement plans, and an environmental mitigation and monitoring program to be implemented through zoning and subdivision regulations, development standards, and public and private improvements.

(b) The purpose of the ECRSP is to support and enhance community-serving retail and provide significant new residential options while advancing sustainability and improving transportation safety and mobility choices.

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

(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. 3194-22 § 1)

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

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

(c) Development projects in the ECR-O and ECR-PF zoning districts shall conform to the applicable standards for the O and PF zoning districts, respectively, set forth in the Sunnyvale Municipal Code, with the following exceptions:

(1) Permitted uses are as identified in Section 19.36.060.

(2) Daylight plane standards are as required by Section 19.36.100.

(d) Development projects in the ECR-R3 and ECR-R4 zoning districts shall conform to the applicable development standards for the R-3 and R-4 zoning districts, respectively, set forth in the Sunnyvale Municipal Code, with the follow-ing exception:

(1) Daylight plane standards are as required by Section 19.36.100.

(e) 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.

(f) The owner or occupant of land or buildings used for any purpose in the ECRSP 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 that do not comply with the provisions hereof shall be deemed legally nonconforming in accordance with the provisions of Chapter 19.50 (Non-conforming Buildings and Uses).

(Ord. 3194-22 § 1)

"Build-to line"

means the portion of a building frontage in a mixed-use development that is built along the frontage zone setback, as measured from the new right-of-way line.

"Daylight plane"

means a height limitation that makes up a portion of the building envelope within which all new structures or additions must be contained. Daylight plane requirements are intended to provide for light and air, and to limit the impacts of bulk and mass on adjacent properties. Daylight plane is represented by an angle that is measured from the property line.

"Development"

means the construction of a new building or buildings or additions or modifications to buildings.

(1)

"Commercial Development, Major" means the construction of a new building or buildings totaling more than ten thousand square feet in area, to be occupied by uses as allowed in Table 19.36.060B. Residential uses are not permitted in commercial development.

(2)

"Commercial Development, Minor" means the construction of a new building or buildings up to but no greater than ten thousand square feet in area, to be occupied by uses as allowed in Table 19.36.060B. Residential uses are not permitted in commercial development.

(3)

"Office Mixed-Use Development" means a development comprised of office uses with commercial uses as allowed in Table 19.36.060B, developed in line with the development standards and requirements in this chapter and the ECRSP. Residential uses are not permitted in office mixed-use development.

(4)

"Residential Mixed-Use Development" means a development comprised of multi-family dwelling units with other uses as allowed in Table 19.36.060B, developed in line with the development standards and requirements in this chapter and the ECRSP.

"Ground floor finish level"

means the uppermost surface of the ground floor of a building once finishes have been applied.

"Stepback"

means a change in the vertical plane of a multi-story building created by setting the upper story building elevation away from the street beyond the maximum building height allowed at the build-to-zone. The stepback area may be used as terraces or balconies if no building element within the stepback is higher than forty-two inches.

"Use"

means the purpose for which land or a building is intended or for which it may be occupied or maintained.

(1)

"Active use" means either the standalone land use, or a component, activity, or space within the same land use, which maintains transparency between the street and the interior of the ground floor, and which provides and encourages foot traffic at the street frontage, as noted in Section 19.36.110.

(Ord. 3194-22 § 1)

The ECRSP establishes the following zoning districts:

(a) El Camino Real – Commercial (ECR-C) District. The ECR-C zoning district is reserved for the construction use and occupancy of commercial-only development and does not permit residential development. Office mixed-use development may be considered in this district.

(b) El Camino Real – Mixed Use (ECR-MU) District. The ECR-MU zoning district is reserved for the construction use and occupancy of residential mixed-use development in the ECRSP Area, primarily located in the nodes. This zoning district comprises five different density classifications, which permit a range of multi-family residential mixed-use development types, per Section 19.36.070.

(c) El Camino Real – Office (ECR-O) District. The ECR-O zoning district is reserved for the construction, use, and occupancy of administrative, professional and research offices, and other uses compatible with the administrative-professional character of the district and does not permit residential development.

(d) El Camino Real – Public Facilities (ECR-PF) District. The ECR-PF zoning district is reserved for the construction, use and occupancy of 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.

(e) El Camino Real – Medium Density Residential (ECR-R3) District. The ECR-R3 zoning district is reserved for the construction, use, and occupancy of not more than twenty-four dwelling units per acre.

(f) El Camino Real – High Density Residential (ECR-R4) District. The ECR-R4 zoning district is reserved for the construction, use, and occupancy of not more than thirty-six dwelling units per acre.

(Ord. 3194-22 § 1)

(a) Development Types and Use Tables. Tables 19.36.060A and 19.36.060B set forth the development types and uses, respectively, that are permitted, conditionally permitted, and prohibited in the ECR-C, ECR-MU, ECR-O, and ECR-PF zoning districts. Permitted uses in the ECR-R3 and ECR-R4 zoning districts are as identified for the R-3 and R-4 zoning districts, respectively, in Chapter 19.18, Residential Zoning Districts.

(1) Permitted (P).

(A) A use shown with "P" in the table is allowed subject to compliance with all applicable provisions of this title.

(B) If the proposed use includes no new construction, additions, or changes to the exterior of the building, the use is permitted to occur within existing enclosed buildings.

(C) If the proposed use includes minor new construction, changes to the exterior of a building or other site modifications, a miscellaneous plan permit is required in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit.

(2) Miscellaneous Plan Permit (MPP).

(A) 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.

(B) 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) Design Review (DR).

(A) A development type shown with "DR" requires design review approval, in accordance with the provisions of Chapter 19.80, Design Review.

(4) Special Development Permit (SDP).

(A) A use or development type shown with "SDP" requires approval of a special development permit, in accordance with the provisions of Chapter 19.90, Special Development Permits.

(B) If there is an existing valid special development permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another special development permit.

(5) Not Permitted (N).

(A) A use or development type shown with "N" in the table is prohibited in that zone district, node, or segment.

(B) Existing legal uses that are now shown with "N" in the table shall remain as legal nonconforming uses and are subject to provisions in Chapter 19.50, Nonconforming Buildings and Uses.

(6) 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 Not Permitted or a Special Development Permit is listed in Tables 19.36.060A and 19.36.060B.

(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 or special development permit without obtaining the required permit.

Table 19.36.060A Conditionally Permitted and Prohibited Development Types in ECR-C and ECR-MU Zoning Districts

Table 19.36.060B Permitted, Conditionally Permitted, and Prohibited Uses in ECRSP Districts

Notes:

(Ord. 3194-22 § 1; Ord. 3210-23 § 1; Ord. 3223-24, 2/6/2024)

(a) Allowable Residential Density. Allowable dwelling unit per acre (du/ac) densities for residential mixed-use development in the ECR-MU zoning districts are represented by the "base maximum density," listed in Table 19.36.070.

Table 19.36.070 Permitted Density in ECR-MU Zoning Districts

Notes:

(b) Development in the ECR-R3 and ECR-R4 zoning districts is not eligible for the incentive program. Permitted residential density in the ECR-R3 and ECR-R4 zoning districts are as identified for the R-3 and R-4 zoning districts, respectively, in Chapter 19.18, Residential Zoning Districts, and Chapter 19.30, Lot Area and Width.

(c) Residential development is not permitted in the ECR-C, ECR-O, and ECR-PF zoning districts.

(d) City affordable housing requirements in Chapters 19.67 and 19.77 are based on the total number of units proposed in the project that are obtained by the base maximum density plus the green building bonus and highest density achieved through the ECRSP Community Benefits/Incentives Program, if proposed. Additional units obtained through the state density bonus are not counted towards the affordable housing requirement calculation. If no incentives are proposed, the affordable housing requirement is based on the total number of units proposed in the project, as allowed by the zoning district's base maximum density.

(e) Growth Monitoring. The ECRSP includes monitoring of net new residential units consistent with the certified ECRSP Environmental Impact Report (EIR) to ensure that long-term development does not exceed the carrying capacity of infrastructure systems and the environment. If this development threshold is reached, subsequent development proposals are required to conduct additional environmental analysis per the California Environmental Quality Act (CEQA).

(Ord. 3194-22 § 1)

(a) Minimum lot size requirements for residential mixed-use developments in the ECR-MU zoning districts are listed in Table 19.36.080.

Table 19.36.080 Minimum Lot Size Requirements for Residential Mixed-Use Development

Notes:

(Ord. 3194-22 § 1)

(a) Each mixed-use development (including both office and residential mixed-use developments) shall be subject to devoting a portion of the ground floor area to a commercial use.

(b) The minimum ground floor commercial area requirements for mixed-use developments are listed in Table 19.36.90.

Table 19.36.090 Minimum Ground Floor Commercial Area Requirements for Mixed-Use Development

Notes:

(Ord. 3194-22 § 1; Ord. 3232-24, 10/29/2024)

(a) Development requirements for commercial development are listed in Table 19.36.100A.

Table 19.36.100A Development Requirements for Commercial Development

(b) Development requirements for mixed-use development are listed in Table 19.36.100B and depicted in Figures 19.36.100A through 19.36.100C, as identified by the numbered/lettered standards that are associated with the table and figures.

Table 19.36.100B Development Requirements for Mixed-Use Development

Notes:

(Ord. 3194-22 § 1; Ord. 3232-24, 10/29/2024)

(a) In all mixed-use developments, a portion of the ground floor area along the building frontage shall be set aside for "active uses," as defined in Section 19.36.040 and in line with the requirements outlined below.

(b) The minimum required ground floor active use area is as required in Table 19.36.100B (Development Requirements for Mixed-Use Development).

(c) Table 19.36.110 lists the permitted uses that are considered "active uses." Active use areas may include such activities as: retail sales; dining area; open kitchen area visible to patrons; lobby/waiting area; hair/nail salon in an open floor plan; public gym or group exercise area; or childcare classrooms. Active use areas shall not include such activities as: private office/patient room; laboratory; area where procedures occur; office (desk/cubicle) area; other classrooms; assembly space; service entries; delivery drop-off/pick-up area; and trash enclosure areas.

(d) Uses not enumerated in Table 19.36.110 may be considered by the director of community development, whose decision shall be final.

(Ord. 3194-22 § 1)

(a) Vehicle Parking Standards. Vehicle parking requirements in the ECRSP zoning districts are as required in Chapter 19.46, Parking, except for residential uses as listed in Table 19.36.120A.

(b) Other Provisions. Refer to Chapter 19.46 for definitions, parking space dimensions and lot design, adjustments to parking requirements, parking management plans and tools, and parking ratios for any uses not listed.

Table 19.36.120A ECRSP Residential Off-Street Vehicle Parking Space Requirements

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

(d) Parking Management Plan. New developments require a parking management plan in accordance with Section 19.46.160.

(e) Parking locations, types, and criteria for parking reductions will be determined as part of the project review on a case-by-case basis in accordance with the ECRSP plan and implementing regulations.

(f) Shared Parking. Shared parking may be allowed for differing uses on the same property and is encouraged for trip reduction programs such as car sharing and other transportation demand management programs. In accordance with Chapter 19.46, a parking analysis must be provided with the planning application submittal and will be evaluated prior to issuance of a permit. A shared parking agreement or a parking management plan shall also be required.

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

(h) Transportation Demand Management. New office development projects must achieve a daily trip reduction of twenty percent and a peak hour trip reduction of twenty-five percent.

(i) Bicycle Parking.

(1) New developments within the Specific Plan Area shall provide two types of bicycle parking as outlined below:

(A) Short-term bicycle parking (Class II) is designed to provide secure storage for up to two hours. Bicycle racks or corrals, which allow the frame and at least one wheel to be locked to the rack, shall be used. Short-term bicycle parking is most appropriate for serving visitors to retail establishments, libraries, office buildings, and residential build-ings.

(B) Long-term bicycle parking (Class I) provides secure storage for more than two hours. Long-term bicycle parking protects the entire bicycle from theft, vandalism, and the weather. Examples of this type of facility include lockers, check-in facilities, monitored parking, restricted access parking, and personal storage. Long-term bicycle park-ing is most appropriate for residential buildings and places of employment where bicycles will be left all day and potentially overnight.

(2) Residential uses shall provide bicycle parking per requirements in Table 19.36.120B.

(3) Bicycle parking requirements shall comply with the Santa Clara Valley Transportation Authority (VTA) Guidelines, with the exception of bicycle parking ratios.

Table 19.36.120B Minimum Unassigned Bicycle Parking Ratio Requirements

Notes:

(Ord. 3194-22 § 1)

Landscape and open space standards apply in connection with new construction, replacement, or expansion in floor area of any structure in the ECRSP area. Refer to Table 19.36.130 for standards specific to ECRSP and Chapter 19.37 of the Municipal Code for additional landscaping, irrigation, and open space requirements not covered by this section. Landscape and open space requirements for the ECR-O, ECR-PF, ECR-R3, and ECR-R4 zoning districts are as required for the O, PF, R-3, and R-4 zoning districts, respectively, in Chapter 19.37.

Table 19.36.130 ECRSP Landscape and Open Space Standards

(Ord. 3194-22 § 1)

(a) Deviations from the following standards and regulations may be permitted by the approving authority for uses and development required to obtain a Special Development Permit or Design Review approval. If an applicant for a Design Review seeks a deviation from these standards, the applicant must apply for a Special Development Permit. No deviation may be granted through the Design Review permit. In reviewing and considering a proposed development through the Special Development Permit process, the decision-making body may allow deviations from the standards for:

(1) Lot Area. Only for individual ownership of lots within a larger development that meets minimum lot area.

(2) Minimum Percentage of Building Frontage at Build-to Line. Only if area is for active uses or is needed to preserve a significant sized tree.

(3) Landscaping/Open Space. The maximum allowable deviation is twenty percent of any dimensional requirement. No deviation shall be granted for total landscaping or open space.

(4) Distance Between Main Buildings

(b) Any deviation not specifically listed shall require a variance.

(Ord. 3194-22 § 1)