Sunnyvale City Zoning Code

Licensed. Residential care facilities consisting of six or fewer residents, not including any provider or provider's family or staff, shall be exempt from the provisions of this chapter provided the facility is licensed by the appropriate state or county agency or department.

Unlicensed. Residential care facilities for six or fewer which are not required to be licensed by a state or county agency or department shall be allowed in all residential zoning districts, with a use permit issued in accordance with the provisions of Chapter 19.88, and in accordance with the findings specified in Section 19.64.070.

(Prior zoning code § 19.34.030; Ord. 2623-99 § 1)

§ 19.64.040 Residential care facilities-More than six residents-Regulations.

Licensed. Residential care facilities which have been established to accommodate seven or more residents, not including any provider or provider's family or staff, shall be allowed in all zoning districts, provided the facility is licensed by the appropriate state or county agency or department and complies with the following requirements:

Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;

No sign which calls attention to the fact that the property is a residential care facility may be posted; and

The owner shall obtain a use permit pursuant to Chapter 19.88.

Unlicensed. Residential care facilities for seven or more which are not required to be licensed by a state or county agency or department shall be allowed in medium and high density residential zoning districts and nonresidential zoning districts allowing residential uses, only with a use permit issued pursuant to Chapter 19.88, and in accordance with the findings specified in Section 19.64.070. All such facilities must comply with the following requirements:

Applicable requirements of the Uniform Building, Housing and Fire Codes are met;

There must be no less than seventy-five square feet of usable open space available and allocable on the premises per occupant;

Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;

No sign which calls attention to the fact that the property is a residential care facility may be posted.

(Prior zoning code § 19.34.040; Ord. 2623-99 § 1)

§ 19.64.050 Congregate residences-Regulations.

Congregate residences with ten or fewer occupants shall be permitted in all residential zoning districts without a use permit, provided that:

Applicable requirements of the Uniform Building, Housing and Fire Codes are met;

Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;

No sign which calls attention to the fact that the property is a congregate residence may be posted.

Congregate residences with more than ten occupants may be allowed in medium and high density residential zoning districts, and nonresidential zoning districts allowing residential uses, only with a use permit issued pursuant to Chapter 19.88 and in accordance with the findings specified in Section 19.64.070. All such residences must comply with the following requirements:

Applicable requirements of the Uniform Building, Housing and Fire Codes are met; and

There must be no less than seventy-five square feet of usable open space available and allocable on the premises per occupant; and

Parking spaces must be maintained in accordance with the requirements of Chapter 19.46; and

No sign which calls attention to the fact that the property is a congregate residence may be posted.

(Prior zoning code § 19.34.050; Ord. 2623-99 § 1)

§ 19.64.060 Overconcentration.

No residential care facility established to accommodate more than six residents shall be allowed to be located within five hundred feet of the boundaries of a parcel with another such facility, and no congregate residence established to accommodate more than ten persons shall be allowed to be located within one thousand feet of the boundaries of a parcel with another such facility consisting of ten or more residents, nor within five hundred feet of the boundaries of a parcel with a residential care facility of more than six residents, unless specifically authorized pursuant to a use permit issued pursuant to Chapter 19.88.

An application for a use permit for a residential care facility or for a congregate residence, as required by this chapter, shall be accompanied by a written statement to the effect that the applicant has reviewed the permit records of the city and either that those records show no permitted residential care facility or congregate residence within five hundred or one thousand feet, as appropriate, or that the applicant is requesting a waiver of the distance requirement.

If the applicant requests a waiver from the distance requirement, the director of community development shall refer such request to the planning commission for action. The planning commission shall conduct a public hearing on the request for a waiver. Notice of the public hearing on the request for waiver shall be given to the applicant and to the owners of all property within three hundred feet of the applicant's property. The planning commission may only grant a waiver from the distance requirement if it finds that such waiver would not be materially detrimental or injurious to the property, improvements or uses in the immediate vicinity.

The provisions of Chapter 19.98, pertaining to appeals of actions on use permits to the city council, shall be applicable to actions on use permits and waivers of distance requirements for residential care facilities and congregate residences.

(Prior zoning code § 19.34.060; Ord. 2623-99 § 1)

§ 19.64.070 Findings.

In keeping with the intent of this chapter to provide a reasonable accommodation for the needs of persons with disabilities to obtain housing, while at the same time fulfilling its obligation to protect the integrity of the residential character of the neighborhood zoning districts, the city council finds that the following guidelines shall be used by the director of community development and the planning commission in making findings in granting or denying a use permit request.

The application for a use permit shall be granted so long as the enumerated requirements are met unless the director or the planning commission finds, based upon individualized inquiry and evidence, that the proposed occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.

"Reasonable accommodation"

Conditions may be imposed if demonstrated to be warranted by the unique and specific aspects of a particular situation.

(Prior zoning code § 19.34.070; Ord. 2623-99 § 1)

§ 19.65.010 Purpose.

The purpose of this chapter is to provide reasonable accommodations for the needs of persons with disabilities seeking equal access to housing, while at the same time ensuring necessary safeguards to protect the integrity of residential neighborhoods. This chapter establishes a procedure to request reasonable accommodation in the application of the city's land use and zoning regulations and procedures. This chapter shall be construed to assure compliance with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes.

(Ord. 2966-11 § 15)

§ 19.65.020 Definitions.

"Acts"

mean the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes.

"Person with disability"

means an individual who has a medical condition, physical or mental impairment that substantially limits one or more of the individual's major life activities, as defined in the Acts.

means a modification or exception to the regulations and procedures contained in this title for the siting, development and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide a person with a disability equal opportunity for the use and enjoyment of housing of their choice, and does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city's planning and zoning policies.

(Ord. 2966-11 § 15)

§ 19.65.030 Applicability.

The provisions of this chapter shall apply when any person requests reasonable accommodation, based on the disability of residents, in the application of land use or zoning regulations and procedures which may be acting as a barrier to fair housing opportunities. The provisions for reasonable accommodation are solely for residential uses.

(Ord. 2966-11 § 15)

§ 19.65.040 Procedures.

Application Required. Any person seeking reasonable accommodation for a project not requiring some other discretionary approval shall file a miscellaneous plan permit application. Unless specifically stated in this chapter, the reasonable accommodation request shall follow the same procedures for a miscellaneous plan permit application, as provided in Chapter 19.82, Miscellaneous Plan Permit and Chapter 19.98, General Procedures.

Review with Other Discretionary Approvals. If the project requires some other discretionary approval, review of a reasonable accommodation request shall be conducted as part of the review of that discretionary approval. For example, if the request is related to a single-family home addition that requires design review by the planning commission, the request for reasonable accommodation shall be included with the submittal for that design review application.

Fees. There shall be no fee for a miscellaneous plan permit application for reasonable accommodation, including appeals. This section does not exempt applicants from paying the required fee for related applications.

(Ord. 2966-11 § 15)

§ 19.65.050 Decisions.

The decision to grant or deny the reasonable accommodation request shall be based on the required findings in Section 19.65.060, Findings. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this chapter. This may include the removal of any removable structures or physical design features once they are no longer necessary to afford a person with a disability use and enjoyment of the dwelling.

(Ord. 2966-11 § 15)

§ 19.65.060 Findings.

The decision to grant or deny an application for reasonable accommodation shall be based on a finding of consistency with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes, and shall take into consideration all of the following factors:

Whether the housing or housing-related request will be used by a person with a disability protected under the Acts;

Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability protected under the Acts;

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

Whether the requested reasonable accommodation would require a fundamental alteration in the nature or effect of the city's land use and zoning ordinances, programs or policies;

Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures; and

Whether alternative reasonable accommodations could provide an equivalent level of benefit.

(Ord. 2966-11 § 15)

§ 19.66.010 Findings and purpose.

Findings. The city council finds that the number of households without permanent shelter and dwelling in vehicles parked in thoroughfares has grown throughout the city and that the lack of stable, affordable housing in the area has greatly contributed to this growth. For the health, safety, and welfare of the community, the city is identifying and implementing short- and long-term solutions to support unhoused households and they pursue stable housing opportunities. A safe parking program will offer authorized, off-street parking spots, toilets, and supportive services for individuals and households dwelling in their vehicles. The program represents a short-term solution to homelessness.

Purpose. The provisions contained in this chapter create a Safe Parking Program in certain zoning districts in the city subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking sites will be compatible with surrounding uses while effectively garnering unhoused participation and transition into permanent housing solutions.

(Ord. 3233-24, 11/19/2024)

§ 19.66.020 Permit required.

Safe parking may be allowed as a primary use in the following zoning districts, subject to the approval of a miscellaneous plan permit or use permit: C-4, MP-O2, M-S, M-3, PPSP-IE, PPSP-MIC.

Safe parking may be allowed as an ancillary use to a place of assembly — community serving use in any zoning district.

The city council may approve a Safe Parking Program on publicly owned property subject to the recommendation of the planning commission and approval by the city council.

Safe parking sites are prohibited on all other sites in the city.

Permit approval is required prior to the establishment and operation of a safe parking site. Permit approval is conditioned upon consistency with this chapter.

A miscellaneous plan permit is required prior to hosting a safe parking site — small which is subject to review and approval of the director of community development pursuant to Section 19.98.040. A use permit is required prior to hosting a safe parking site — large, which is subject to review and approval by the planning commission. Any physical modification or expansion of facilities shall require a separate permit. A modification from safe parking site — Small to safe parking site — Large requires a use permit.

Term. A permit issued pursuant to this chapter shall be valid for a term of one year from the date of issuance, and, unless suspended or revoked, must be renewed by the Safe Parking Program operator so long as the safe parking site is in operation. Renewal permits may be subsequently approved by the director of community development for up to two years.

Suspension or Revocation. The approval of a Safe Parking Program may be suspended, revoked or modified by the director of community development as follows:

Notice and Hearing. Notice shall be mailed to the Safe Parking Program operator and property owner at the address specified in the application. The notice shall specify the reason for the revocation and shall designate a time and place of an administrative hearing with the director of community development no sooner than the sixth business day following the mailing date of the notice. The Safe Parking Program operator shall be given the opportunity to provide written and oral evidence at the hearing. Failure to appear at the hearing shall constitute a waiver of any objections to the proposed action.

Following the hearing, the director of community development may revoke, suspend, or modify the approval if the director can make one or more of the following findings:

The approval was obtained by fraud;

The Safe Parking Program has been or is being conducted in violation of this code or other applicable law;

The conditions of approval have been or are being violated;

The Safe Parking Program constitutes a public nuisance.

Notice of Decision. A written notice of the director's decision shall be prepared and mailed to the Safe Parking Program site address as specified in the application. If the approval is revoked, the notice shall contain a statement directing the Safe Parking Program operator to immediately cease using the property for a Safe Parking Program, and that failure to cease such use may be subject to further legal action or enforcement.

The decision of the director of community development is final. The decision may be appealed to Superior Court.

A Safe Parking Program in operation without approval is not subject to this section.

(Ord. 3233-24, 11/19/2024)

§ 19.66.030 Permit application.

An application for a safe parking site shall be submitted and include all of the following:

A site plan showing:

The parking spaces designated for the proposed safe parking sites;

Setbacks to all adjacent buildings, properties, and residential uses;

Location of exterior light fixtures, including proposed exterior lighting;

Locations of ingress and egress to the site.

A procedure for emergency evacuation.

A site management and operations plan as described in Section 19.66.040.

All safe parking sites are required to provide all of the following:

One toilet and one handwashing facility per 20 participants, which may be adjusted with program participation enrollment;

Trash and recycling service, with service and bins sufficient for the needs of the proposed Safe Parking Program as determined by the department of environmental services;

Access to potable water; and

If RV parking is proposed, parking for passenger vehicle(s) accessory to an RV.

Setbacks. All vehicles shall be located at least 10 feet from any building or structure located on the property.

Buffer from Residential Use. All vehicles shall maintain a minimum buffer of 50 feet from any property line of a lot that contains an existing residential use.

(Ord. 3233-24, 11/19/2024)

§ 19.66.040 Site management and operations plan.

As part of its application, the Safe Parking Program operator shall provide a site management and operations plan describing the proposed functions of the site, including:

A list of other uses conducted on the site, the hours of operation of other uses, and the proposed hours of operation for the Safe Parking Program. Such information must demonstrate that the safe parking site will not conflict with a primary use;

The number of parking spaces allocated to the proposed Safe Parking Program, types of vehicles permitted in the program, and the days and hours the spaces will be allocated to the proposed Safe Parking Program;

A description of project management, including procedures for site monitoring, participant screening, the proposed facilities and services to be offered, and an emergency contact who is available 24 hours per day;

A description of how waste disposal, including graywater, blackwater, trash, and recycling, is proposed to be managed by the Safe Parking Program operator.

(Ord. 3233-24, 11/19/2024)

§ 19.66.050 Site inspection.

City staff shall inspect the proposed safe parking site prior to operation to ensure compliance with safe parking performance standards in accordance with Section 19.66.070 and all application materials submitted. The site is also subject to periodic site inspections during regular business hours to confirm consistency with permit requirements. Staff shall inspect safe parking sites prior to the issuance of a renewal permit.

(Ord. 3233-24, 11/19/2024)

§ 19.66.060 Rotational program.

The community development director may approve a rotational program that would provide safe parking to the same group of individuals, however the program would rotate between several approved sites.

(Ord. 3233-24, 11/19/2024)

§ 19.66.070 Performance standards.

The Safe Parking Program operator shall demonstrate compliance with all of the following performance standards:

Safe parking sites may be operated as a primary use or as an ancillary use to an existing facility.

Safe parking sites shall have a site management and operations plan subject to review and approval by the director of community development.

Hours of Operation. The hours of operation for the safe parking site shall be reviewed and approved by the director of community development and subject to the limitations as designated in the site permit. The director of community development may approve hours of operation up to 24 hours per day.

Supportive Services. Supportive services must be a component of all permit applications and available to all Safe Parking Program participants.

Vehicles Permitted. Only passenger vehicles, recreational vehicles, and oversized vehicles that have received approval from the Safe Parking Program operator may participate in the Safe Parking Program at the safe parking site. Participant vehicles must be moveable, functioning, and not leaking sewage or other fluids.

Clearance Between Vehicles. The safe parking site shall maintain at least eight feet between vehicles and at least 16 feet between a recreational vehicle, truck, or cab-over camper and other vehicle. Exceptions may be granted for passenger vehicles and recreational vehicles that belong to the same owner.

Fire extinguishers of sufficient capacity shall be provided by the Safe Parking Program operator for community use and located within 75 feet of each vehicle. The Safe Parking Program operator shall submit fire extinguishers to be reinspected regularly.

Circulation. Parked vehicles shall not obstruct drive aisles or otherwise interfere with established and approved circulation patterns on site. The safe parking site shall maintain adequate emergency vehicle access, access to fire hydrants and fire protection systems, and be subject to periodic reinspection by the department of public safety.

The Safe Parking Program shall not result in a deficiency in the minimum required parking for a primary use.

Noise. Safe parking sites shall observe nighttime hours between 10:00 P.M. and 7:00 A.M. where operational noise shall not exceed 50 dBA at any point on the property line of an adjacent residential use, or 60 dBA during daytime hours. For nonresidental adjacent uses, noise shall not exceed 60 dBA during nighttime hours and 70 dBA during daytime hours. Noise shall be measured from any point on the adjacent property line.

Portable generators shall be at least five feet from any building and a minimum of 50 feet from the property line of an adjacent residential use. Generators shall only be used on a paved surface. Generators are not permitted during nighttime hours between 10:00 P.M. and 7:00 A.M.

(l)

Posting. The site shall be posted with the address and phone number for a representative of the site. The posting shall be in a visible location within three feet of the sidewalk, constructed of durable material and weather-proof.

(m)

Exterior Storage Prohibited. Outdoor storage of personal property, including tents, tarps, temporary outdoor shelters, and belongings at, near, or around parked vehicles including freestanding or affixed structures, shall be prohibited.

(n)

Fire Prohibited. Fires, heaters, barbeque grills, and any other open flame outdoor cooking or warming appliance shall be prohibited.

(o)

Any site used as a safe parking site, including public access and parking areas shall be maintained in a safe and clean condition, and in compliance with an approved site management plan.

(Ord. 3233-24, 11/19/2024)

§ 19.67.010 Purpose.

Findings. The city council finds that:

A shortage of affordable housing is detrimental to the public health, safety and welfare in the city of Sunnyvale;

Persons with lower to moderate incomes who work or live in the city are experiencing a shortage of affordable housing opportunities and those with very low incomes are increasingly excluded from living in the city;

Federal and state housing subsidy programs are not sufficient by themselves to satisfy the housing needs of lower to moderate income households;

Continued new development without housing at prices affordable to these persons will worsen the shortage of affordable housing; and

It is the city's goal and a public policy of the state of California to ensure there is adequate supply of housing for persons of all economic segments of the community.

Purpose. This chapter establishes requirements for below market rate housing in new ownership housing developments. These requirements assure that the city's affordable housing stock increases in proportion to the overall increase in new housing; to achieve the housing objectives contained in state law and in the general plan; and to enhance public welfare.

(Ord. 2976-12 § 1)

§ 19.67.020 Definitions.

When used in this chapter, these terms mean the following:

mean parcels with boundary lines that touch at any point. "Adjacent lots" include parcels that are separated only by a private or public street, other than highways and expressways, or that are separated only by other parcels owned or controlled by the same owner or applicant.

means the median household income of households in Santa Clara County, adjusted for household size, as determined and published by the California Housing and Community Development Department (HCD).

means, for the purposes of establishing affordable sales prices, a household with a total number of members equal to the number of bedrooms in the below market rate home, plus one. For example, the assumed household size for a three-bedroom home is a four-person household.

"Below market rate (BMR) ownership housing"

means any project that receives development funding from any local, state, or federal governmental or non-profit source, which meets the criteria for below market rate housing.

means dwelling units developed to be sold and affordable to lower to moderate income households and regulated by this chapter. "BMR unit" means one BMR ownership housing dwelling unit.

means the planning commission or city council, whichever is authorized to make a final decision on the project application for land use approvals.

means ownership units approved in a residential development pursuant to California Government Code Section 65915 et seq., and Section 19.18.025 that are in excess of the maximum allowable residential density otherwise permitted by the City of Sunnyvale.

"Eligible buyer"

means a household which meets the requirements of this chapter to buy, or in the case of acquisition of a BMR unit through devise or inheritance, to occupy, a BMR unit; or a public or non-profit housing agency able to acquire and manage dwelling units for rental to eligible persons.

means the gross, pre-tax income of all adult occupants of the applicant household, and as may be further defined in the BMR Home Ownership Program Guidelines.

means the monthly mortgage payment (principal and interest), property taxes, homeowners' association dues, and homeowner's insurance.

means a household whose income exceeds the income for a very low income household but does not exceed the low income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development (or its successor provision).

"Moderate income household"

means a dwelling unit that is not subject to the occupancy or sale regulations in this chapter or any other affordability restrictions or covenants.

means a household whose income exceeds the income for a low income household but does not exceed one hundred twenty percent of the area median income applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development (or its successor provision).

means one or more applications filed for City approval of a residential development. "Project" includes a development across adjacent lots or a multi-phased development, on the same or adjacent lots. "Project" also includes developments on adjacent lots for which applications are filed by the same owner or applicant within a period of ten years.

means a household with a gross annual household income that does not exceed fifty percent of AMI for Santa Clara County. This definition corresponds to the definition of very low income household used for state- and federally-assisted housing programs. Very low income households are a subset of lower income households.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.030 Applicability.

Projects with Seven or More Units. This chapter applies to any project that would create seven or more new ownership housing units or single-family lots. Projects not deemed complete before the enactment of this chapter are subject to the regulations in this chapter.

Rental Housing Developments Exempt. This chapter does not apply to rental housing developments.

BMR Home Ownership Program Guidelines. The director of community development (director) shall develop detailed procedures and guidelines to ensure the orderly and efficient administration of the requirements of this chapter. These procedures and guidelines are incorporated into this chapter as the BMR Home Ownership Program Guidelines.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.040 Exemptions.

The following categories of ownership housing shall be exempt from this chapter:

Ownership housing projects of fewer than seven units.

Residential for-sale projects that have received planning approval and those with planning applications determined complete by the planning division by August 12, 2021.

Affordable housing projects in which 100% of the ownership units to be built will be subject to a recorded restriction limiting occupancy to very low income, low income, or moderate income households at affordable sales prices.

Notwithstanding the inclusionary percentage required by subsection (a) of Section 19.67.050, ownership housing that meets all of the following criteria shall be subject to the inclusionary percentages identified in subsection (c) of this section:

The site has a General Plan land use designation of Village Mixed Use;

The site is not identified in the Housing Element as available for lower income housing;

The site is not located within 1,700 feet walking distance via public street from any C-1, C-2 or MP-AC zoned property (excluding properties in the same Village Center as the project site), as measured from the closest point of the C-1, C-2 or MP-AC zoned property to the farthest point of the project site;

The site is located north of El Camino Real;

The site is located entirely within a Village Center, and that Village Center is no more than 6.0 acres in size; and

The project has a minimum residential density of 13 dwelling units per acre (for the entire project site).

Qualifying projects under subsection (b) of this section shall comply with the following BMR requirements depending on the floor area ratio of commercial/retail uses that will be included in the project:

Floor Area Ratio of Commercial/Retail Uses	BMR Requirement
Over 5% to 10% FAR	7.5% affordable to moderate income
Over 10% FAR	No requirement

(Ord. 3178-21 § 1; Ord. 3239-25, 3/25/2025)

§ 19.67.050 Below market rate ownership housing (BMR) requirement.

Inclusionary Requirement. At least fifteen percent of the total number of ownership housing units or single-family lots in a project shall be developed as BMR ownership housing, unless the decision-making body allows the BMR ownership housing requirement to be satisfied through the alternatives under Section 19.67.090 (Alternatives to satisfy below market rate housing requirement).

Fractional Units. In calculating the number of BMR units required, any fraction of a whole number shall be satisfied by either developing one additional BMR unit or by paying an in-lieu fee. For example, for a ten-unit project that is required to have one and one-half BMR units, the applicant may develop one BMR unit and pay a fee for the remaining one-half units required, or develop a total of two BMR units.

Application. An applicant for a project consisting of seven or more ownership units must submit a BMR Compliance Plan concurrently with the application for the first approval of the project. If a BMR Compliance Plan is required, no application may be determined complete until a complete BMR Compliance Plan is submitted.

Any BMR Compliance Plan shall be processed concurrently with all other permits required for the project. Before approving the BMR Compliance Plan, the decision-making body shall find that the BMR Compliance Plan conforms to this section. The approved BMR Compliance Plan may be amended before issuance of a building permit for the development project. A request for a minor modification of an approved BMR Compliance Plan may be granted by the director if the modification is substantially in compliance with the original BMR Compliance Plan and conditions of approval. Other modifications to the BMR Compliance Plan shall be processed in the same manner as the original plan.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.060 Density bonus.

The city, upon request, shall approve an increase in the number of units permitted in a proposed residential development governed by this chapter, when such an increase in density is consistent with State Density Bonus Law per Sections 65915 through 65918 of the California Government Code and Section 19.18.025 of the this code. The dwelling units or parcels designated to meet the city's inclusionary housing requirement may count toward qualifying the proposed development for a density bonus if the residential development meets all of the applicable requirements to qualify for a density bonus under Government Code Section 65915 and Section 19.18.025 of this code.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.070 Development standards.

BMR units are subject to the following development standards:

Location. BMR units shall be distributed evenly throughout the project. The decision-making body may waive the location requirement if:

Significant physical site constraints prevent even distribution; or

Granting the waiver would result in improved site or building design, or a more favorable location of the BMR units than would otherwise be provided.

Lot Size. Lot size shall be at least the same size as the smallest lot of a market rate unit within the project.

Bedroom Count. Affordable units shall be a pro-rata share by plan type. Average bedroom count shall be the same as the average bedroom count in the market rate units in the project. Deviations to this requirement may be approved by the director.

Unit Size. Unit size shall be at least seventy-five percent of the average size of market rate units with the same number of bedrooms in the project.

Exterior. The exterior shall be consistent with the market rate units in the project in terms of details, materials, and visual appeal. There shall be no significant identifiable differences visible from the exterior.

Interior. Interiors finishes and amenities shall be consistent with those of the market rate units in the project.

Timing of Construction. BMR units shall be constructed in proportion to the BMR ownership housing requirement applicable to the project. For example, for a project with a fifteen percent BMR ownership housing requirement, at least one BMR unit shall be constructed before or concurrently with every seventh market rate unit constructed. The last market rate unit to be completed in the project may not receive a certificate of occupancy until the last BMR unit has received a certificate of occupancy. The director may approve a modified schedule if the timing requirement will create unreasonable delays in the issuance of certificates of occupancy for market rate units.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.080 Occupancy and sale restrictions.

Recordation of Declaration of Restrictions. Before issuance of any building permit for a BMR unit, the property owner and the city shall execute and record a declaration containing the occupancy and sale restrictions in this chapter. The declaration is binding to the heirs, assigns and successors in interest of the property owner.

Timing of Sale. At completion, BMR units shall be listed for sale and occupied before or concurrently with the market rate units in the project. The seller shall accept the first valid offer from a buyer deemed eligible by the director, and shall cooperate to close escrow within a customary time period.

Term of Restrictions. BMR units shall be reserved for lower and moderate income households and shall be subject to the occupancy and sale restrictions in this chapter for thirty years. This term begins upon sale to an eligible buyer. If the BMR unit is sold to another eligible buyer during the term, a new term of thirty years shall begin upon resale and shall be secured by a new declaration of restrictions.

Maximum Sales Price. The director shall establish and publish annually the maximum sale prices for each BMR unit size in the BMR Home Ownership Program Guidelines. The maximum BMR unit sale prices shall not exceed a price affordable to median income households, based on a housing cost of up to thirty percent of monthly gross household income for the unit's assumed household size. The percentage of AMI used to establish maximum sale prices shall be one hundred percent, except that the director may adjust the percentage within a range of eighty-one to one hundred ten percent of AMI to address major shifts in the housing market or other related economic conditions affecting the demand for BMR housing.

Sale Requirements. The following requirements shall be met in any sale and resale of a BMR unit during the term of restrictions:

The seller shall notify the director of the intent to sell before offering the unit for sale;

The eligible buyer shall execute and record a new declaration of restrictions which incorporates all current occupancy and sale restrictions in this chapter and in the BMR Home Ownership Program Guidelines; and

Closing costs and title insurance fees shall be shared equally between buyer and seller. The buyer shall not be charged fees above those imposed on buyers of a market rate unit, except for administrative fees charged by the city;

Certain transfers of title by marriage, divorce proceeding, devise or inheritance shall not be subject to these required sale procedures.

Eligible Buyers. The director shall determine the eligibility of prospective buyers of BMR units. It is unlawful for any person to willfully make a false representation or fail to disclose information for the purpose of qualifying as eligible to purchase a BMR unit. Prospective buyers must meet the following requirements:

Income Limits. The prospective buyer's combined household income and assets shall not exceed the limits for a moderate income household, as further defined in the BMR Home Ownership Program Guidelines;

Priority to Purchase. Applicants who reside or are employed within Sunnyvale city limits at the time of application shall be considered a priority one buyer to purchase the BMR units;

Conflict of Interest. The following individuals, by virtue of their position or relationship, are ineligible to purchase a BMR unit:

Any city official or employee who administers or has policy-making authority over city housing programs,

The developer of the unit, or

The immediate relative or employee of, and anyone gaining significant economic benefit from a direct business association with, city employees, officials, developers, or owners who are not eligible to purchase a BMR unit; and

Additional Criteria. The director may establish other reasonable eligibility criteria, ownership and occupancy requirements in the BMR Home Ownership Program Guidelines to ensure the buyer's ability to close escrow, maintain ownership of the unit, and to ensure effective operation of the program and equitable access to the units among eligible buyers.

Occupancy and Rental Restrictions. BMR units shall be occupied as the primary residence of the eligible buyer for the duration of their ownership of the unit and shall not be rented to other occupants at any time, except that:

BMR units that are owned by a public or nonprofit housing agency may be rented to eligible households with prior written approval of the director; and

The director may allow the temporary rental of a BMR unit for a predetermined period of time, subject to the rental and occupancy requirements in Chapter 19.77 (Inclusionary Below Market Rate Rental Housing), upon a finding of hardship beyond the control of the owner.

Refinancing. BMR home owners shall not refinance a BMR unit without prior written approval of the director. BMR units shall not be used as collateral to secure additional liens and debts. Refinancing procedures are available in the Guidelines and may be amended from time to time.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.090 Below market rate (BMR) housing developer agreement.

Required Before Final Map or Building Permit. Before final recordation of a subdivision map or issuance of any building permits for the project, whichever occurs first, the property owner shall execute and record a BMR housing developer agreement (Agreement) with the city.

Agreement Provisions. The Agreement shall include, at a minimum, the following provisions:

Binding of Persons. A provision that binds the heirs, assigns, and successors in interest of the property owner to the Agreement;

Binding of Project Site. The obligation for the entire project site to fulfill the BMR ownership housing requirement for the project under this chapter;

Liens. A lien on each unit identified to meet the BMR ownership housing requirement, or if the alternative to pay an in-lieu fee is approved, a lien on every unit;

Alternatives. Any alternatives approved for the applicant to satisfy the BMR ownership housing requirement;

Project Covenants, Conditions and Restrictions. Provision that prohibits any amendments to the development's covenants, conditions and restrictions that would increase the proportion of the homeowners' association dues or assessments payable by any BMR unit. This provision shall create a right of judicial enforcement by the city or the owner of any affected BMR unit;

Enforcement. A provision that shall require the property owner to pay the city rent for a BMR unit from the date of any unauthorized use of the unit, and for the city's recovery of reasonable attorney fees and costs to pursue legal action in enforcing this agreement; and

Amendments. Major amendments to the Agreement, including any proposal to change any approved alternatives shall be reviewed by the decision-making body. Minor amendments to the Agreement may be reviewed by the director. Upon approval, a new Agreement containing the amendments shall be executed and recorded.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.100 Alternatives to satisfy below market rate (BMR) housing requirement.

City Council Approval. The applicant may satisfy the affordable ownership housing requirement of a project using one or more of the alternatives in this section, subject to recommendation by the housing and human services commission and final approval by the city council. The applicant shall identify the required affordable housing units in the BMR Compliance Plan submitted with the project application materials regardless of a request to use an alternative to meet the affordable ownership housing requirement. A BMR Compliance Plan requesting an alternative compliance option (Alternative Compliance Plan) may only be considered once a project has received all other planning entitlements.

Payment of In-Lieu Fee. The applicant may pay an in-lieu fee, as follows:

Amount of In-Lieu Fee. The amount of the in-lieu fee shall be equal to seven percent of the contract sales price of all units in the project. If the applicant is paying an in-lieu fee for a fractional unit only, the minimum fee rate may be adjusted proportionally.

Fee Payment. A demand for payment shall be placed on each ownership housing unit in order to collect payment of the in-lieu fee before close of escrow, as required in the Agreement.

Partnership. The applicant may satisfy the inclusionary requirement through a partnership with another developer providing affordable housing units in another project, if the following requirements are met:

Proof of Partnership. Legal agreements between the applicant and the partner show that the applicant is providing reasonable funding, land, development services, or other support to the affordable housing units;

Financial Contributions. The applicant's financial contributions to the partnership shall be at least equal to the amount of the in-lieu fee that would otherwise be due from the project and shall be held in trust by the city until needed by the partner to develop the affordable housing units. The proposed project with the partner shall not have received other city financial contributions (such as land lease, housing mitigation fund or low/mod impact fund loan) unless additional affordable units are being proposed;

Site Acquired. The applicant or the partner has control of or the right to build on the site where the affordable housing units will be developed;

Affordable Housing Development Application. The affordable housing development application has been approved or at least determined complete at the time the project required to provide affordable housing is approved;

Funding Acquired. The partner has obtained legal commitments for all necessary financing, or the city has approved the financing plan for the affordable housing development;

Construction in Two Years. The affordable housing units can be constructed and occupied within two years of completion of the applicant's project, unless the director approves an extension not to exceed an additional two years to obtain any federal tax credit financing. If the development is not completed within this time period, the city may transfer the applicant's financial contributions to the below market rate housing mitigation fund; and

Average Number of Bedrooms Per Unit. The average number of bedrooms per unit of the affordable housing units in the other project is comparable to the average number of bedrooms per unit in the project required to provide affordable ownership housing. This requirement may be modified with director approval if the affordable housing units in the other project is designed to serve those with special housing needs which would not require an equivalent number of bedrooms per unit.

Unit Conversion or Preservation Program. The applicant may convert an existing market rate ownership or rental unit into deed-restricted affordable housing or preserve an expiring affordable housing development in compliance with the following terms:

Affordability. Ownership units shall be made affordable to moderate income households, and rental units shall be made affordable to low and very low income households;

For every required affordable unit, at least three units shall be converted or preserved, as approved by the decision-making body. Approval shall be based on a finding that the benefit of the number of affordable units preserved has a greater benefit than providing the units within the original project;

Declaration of Restrictions. Dwellings converted into affordable housing shall be secured by recording a declaration of restrictions to bind the units to the requirements of Section 19.77.070 or 19.67.090;

Timing of Completion. Dwellings shall be converted or rehabilitated and available for occupancy before or at the same time the project required to provide affordable housing is available for occupancy, unless a modified schedule is approved by the director;

Displacement. The conversion or preservation shall not displace any tenants, regardless of income level, through the following measures:

First Right of Return. The developer of a new development or rehabilitation project that would displace existing tenants shall provide each tenant the following rights:

The ability to return to a unit at the same level of affordability (measured in monthly rent) as the prior unit.

The ability to return to a unit of comparable size with the same or greater number of bedrooms.

Relocation Plan. Prior to project approval, conversion or preservation projects that would add, demolish, and/or rehabilitate rental units shall prepare, subject to approval by the director, a relocation plan that accounts for all tenants displaced by new construction or rehabilitation. The relocation plan shall ensure tenants are provided housing from the moment they are displaced until they are relocated into a replacement unit. The relocation plan must meet the following criteria:

Provide temporary housing within Sunnyvale or within ten miles of the prior home.

Must not pay more in rent than paying in the prior home.

All costs of relocation must be paid for by the project sponsor.

Moving process between units must occur quickly and efficiently and to minimize the inconvenience of the tenant.

Replacement housing must be completed within one and one-half years to minimize impacts to tenants.

If applicable, all requirements of the City's Condominium Conversion ordinance shall be enforced.

Land Dedication. Dedicate a parcel of land large enough to accommodate the project's inclusionary requirement plus thirty-five percent additional units. Any rezone or land use change required by the city needed to construct residential units shall be completed prior to issuance of building permit of market rate units.

Other methods of mitigating affordable housing may be approved at the sole discretion of city council.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.110 Default, foreclosure, and loss of unit.

Option to Purchase. If a notice of default is recorded on a BMR unit and the homeowner fails to correct it, an eligible buyer, or the director on behalf of the city, may purchase the unit. The unit shall be purchased at a sale price equal to the amount the owner would have received on the date of the foreclosure sale under the BMR Home Ownership Program Guidelines. The eligible buyer may purchase the unit by paying any amounts due to lien holders and paying to the owner any balance of funds remaining after payment of the costs of sale and any repairs chargeable to the homeowner. All other resale provisions of the Guidelines apply.

Loss of Unit. If the BMR unit is not purchased before the trustee's sale or foreclosure, the unit is free from the restrictions of this chapter and the homeowner will be deemed in compliance with this chapter, with the exception of subsection (c) of this section. BMR units which have not been completed or sold to initial eligible buyers, and any affordable rental units developed as an alternative to BMR ownership units, shall not be released from the restrictions of this chapter through a trustee's sale or judicial foreclosure.

Distribution of Proceeds. This subsection applies to any BMR unit lost by sale at a trustee's sale or foreclosure, destruction, condemnation, or by liquidation of the homeowners association. If a BMR unit is restored, the remaining term of occupancy and sale restrictions shall continue upon completion. Any proceeds remaining after payment of encumbrances on the unit shall be distributed as follows:

Homeowner. To the homeowner, up to the net amount the homeowner would have received under the sale price in the BMR Home Ownership Program Guidelines if the city had purchased the unit on the date of the loss; and

BMR Housing Trust Fund. To the city, any surplus remaining after payment to the homeowner. The proceeds shall be deposited into the BMR housing trust fund.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.120 Below market rate (BMR) housing trust fund.

This section establishes the BMR housing trust fund for the deposit of all monies collected under this chapter. Trust funds shall be used for developing or preserving affordable housing in the city, administering the BMR program, and supporting income qualified households obtain housing.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.130 Enforcement.

In addition to the provisions in Chapter 19.98.140 (Violations), the following provisions also apply to the enforcement of this chapter:

Agents, Successors and Assigns. The provisions of this chapter apply to all agents, successors and assigns of the applicant.

Misdemeanor Violation. Any violation of this chapter by a person, firm, or corporation, whether as principal or agent may be prosecuted as a misdemeanor. Each offense may be punishable by a fine in the amount established in the city fee schedule or Chapter 1.04, or by imprisonment in the Santa Clara County jail for a term up to six months, or both. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is commenced, continued, or permitted by such person, firm, or corporation, and may be punishable as provided in this section.

Civil Action. Any buyer of a BMR unit for a sale price in excess of that allowed by this chapter, or any tenant who rented a BMR unit for rents in excess of those allowed by Chapter 19.77 (Inclusionary Below Market Rate Rental Housing Requirements), and who has given written notice to the director, may file a civil action to recover the excess costs, whether rental of such BMR unit was prohibited by this chapter or expressly permitted in writing by the director as an exception or alternative to the standard BMR requirement. The buyer or tenant shall have met the income eligibility requirements of this chapter or Chapter 19.77, as applicable, during the period of time for which the individual seeks reimbursement of the excess costs.

Fines. If it is determined that the current BMR owner has violated the terms of this chapter, or if unauthorized or excess rents have been charged to a tenant or subtenant of a BMR unit of any kind subject to the restrictions of this chapter, the property owner shall be required to forfeit all excess monetary amounts so obtained in violation of this chapter. Such amounts shall be added to the city's housing fund.

Legal Action. The city may institute injunction, mandamus, or any appropriate legal actions or proceedings necessary for the enforcement of this chapter, including actions to suspend or revoke any permit, including a development approval, building permit or certificate of occupancy; and for injunctive relief or damages. If successful, the city shall be entitled to request recovery of its reasonable attorney fees and other legal costs.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.140 Appeals.

Any person aggrieved by a decision on any permit may appeal the decision following the procedures in Section 19.98.070 (Appeals).

(Ord. 2976-12 § 1)

§ 19.67.150 Severability.

If any portion of this chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this zoning code. The city council declares that this chapter and each portion would have been adopted without regard to whether any portion of this chapter would be later declared invalid, unconstitutional, or unenforceable.

(Ord. 2976-12 § 1)

§ 19.68.010 Purpose.

This chapter establishes the requirements and standards for alternative housing types.

(Ord. 2623-99 § 1; Ord. 2976-12 § 13)

§ 19.68.020 Mobile living units.

The use, occupancy or placement of mobile living units, portable office structures, guard shacks, cargo containers or other portable storage units are permitted only as follows:

Mobile or motor home in any nonresidential zoning district for demonstrated security purposes;

Mobile or motor home in any zoning district when in conjunction with a church for demonstrated security purposes;

A mobile living unit or portable office may be used as a construction or sales office in any zoning district in connection with a construction project provided the unit shall be removed not later than ninety days from issuance of the certificate of occupancy or completion for the project, whichever occurs first;

Guard buildings or kiosks may be used for a demonstrated security purpose within industrial or office zoning districts, and within residential zoning districts in connection with secured communities;

Portable offices may be used for nonresidential purposes in industrial and office zoning districts for one-year time increments;

Portable storage units including cargo containers and sheds, not governed by Section 19.22.060 (Hazardous materials storage facilities) and Chapter 19.40 (Accessory Structures), in any nonresidential zoning district.

(Prior zoning code §§ 19.51.035(a)(1), (4), (5); Ord. 2623-99 § 1; Ord. 2907-09 § 12)

§ 19.68.030 Mobile homes.

The use, occupancy or placement of a mobile home is permitted only as follows:

In a lawfully operated mobile home park.

Mobile homes that have been certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.), as amended, erected on a foundational system pursuant to Section 18551 of the California Health and Safety Code for use as a single-family detached dwelling in a zoning district designated R-0, R-1, R-2, or R-3 provided:

No more than one such mobile home shall be erected on a single lot in such zoning districts;

A mobile home shall not be permitted as an addition to a single-family dwelling.

(Prior zoning code §§ 19.51.035(b)(1)—(2); Ord. 2623-99 § 1)

§ 19.68.050 Single room occupancy (SRO) living unit facility.

A conditional use permit may be issued for an SRO living unit facility only if the following criteria are met:

Excluding the closet and the bathroom area, an SRO living unit must be a minimum of one hundred fifty square feet in floor area. The average unit size in a living unit facility shall be no greater than two hundred seventy-five square feet and no individual living unit may exceed four hundred square feet;

Each SRO living unit shall be designed to accommodate a maximum of two persons;

An SRO living unit may contain partial kitchen facilities;

Individual SRO living units may not have separate external entryways;

The SRO living unit facility must have a management plan approved by the director of community development. The management plan shall contain management policies, operations, rental procedures, maintenance plans, staffing needs and security procedures. An on-site, twenty-four-hour manager is required in every living unit project. The rental procedures must allow for both weekly and monthly tenancies and specify deposit requirements for each type of tenancy. A manager's unit shall be a complete dwelling unit and so designated on all plans;

Laundry facilities must be provided in a separate room in compliance with Chapter 16.16, at the ratio of one washer and one dryer for every twenty units or fractional number thereof. The laundry facility must be located near the interior common space. Washers and dryers may be coin operated;

A closet and separate storage space, as approved by the director of community development, is required in every SRO living unit facility;

A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water must be provided on each floor of the living unit building;

The SRO living unit facility shall provide interior common space at a minimum of four square feet per unit. An SRO living unit facility must provide at least two hundred square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.

The planning commission or the city council shall deny the application for a use permit hereunder where the information submitted by the applicant and/or presented at the public hearing fails to substantiate that the project will comply with these criteria.

(Ord. 2976-12 § 13)

§ 19.68.060 Single room occupancy (SRO) residential hotel.

A conditional use permit may be issued for an SRO residential hotel only if the following criteria are met:

Excluding the closet and any bathroom space, an SRO residential hotel unit must be at least seventy square feet in floor area;

An SRO residential hotel room designed to accommodate a maximum of one person shall not exceed one hundred fifty square feet in floor area, and an SRO residential hotel room designed to accommodate a maximum of two persons shall be between one hundred twenty and two hundred nineteen square feet in floor area;

An SRO residential hotel unit may contain partial kitchen and bath facilities. If individual bath and/or kitchen facilities are not provided, common bath facilities and/or common laundry and kitchen facilities must be provided in accordance with Chapter 16.16;

Individual SRO residential hotel units may not have separate external entryways;

The SRO residential hotel must have a management plan approved by the director of community development The management plan shall contain management policies, operations, rental procedures, maintenance plans, staffing needs and security procedures. An on-site twenty-four hour manager is required in every SRO residential hotel. The rental procedures must allow for both weekly and monthly tenancies and specify deposit requirements for each type of tenancy. A manager's unit shall be a complete dwelling unit and so designated on all plans;

Laundry facilities must be provided in a separate room, at the ratio of one washer and one dryer for every twenty units or fractional number thereof. The laundry facility must be located near the interior common space. Washers and dryers may be coin operated;

A closet and separate storage space, as approved by the director of community development, is required in every SRO residential hotel room;

A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water must be provided on each floor of the residential hotel building;

The SRO residential hotel shall provide interior common space at a minimum of four square feet per unit. The SRO residential hotel shall provide a minimum of two hundred square feet of interior common area.

The planning commission or the city council shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate that the project will comply with these criteria.

(Ord. 2976-12 § 13)

§ 19.69.010 Purpose.

Findings. The city council finds that:

A shortage of affordable housing is detrimental to the public health, safety and welfare in the city of Sunnyvale;

Persons with lower incomes who work or live in the city are experiencing a shortage of affordable rental housing opportunities and those with very low incomes are increasingly excluded from living in the city;

Federal and state housing subsidy programs are not sufficient by themselves to satisfy the housing needs of lower income households;

It is a public purpose of the city to ensure that housing is available for persons with lower incomes, and that such supply of housing remains affordable to future residents; and

It is the city's goal and a public policy of the state of California to ensure there is adequate supply of housing for persons of all economic segments of the community.

Purpose. This chapter establishes requirements for existing rental housing developments subject to below market rate requirements that were in effect before July 2009, in order to continue to contribute to the provision of affordable rental housing for lower income households; to achieve the housing objectives contained in state law and in the general plan; and to enhance public welfare.

(Ord. 2976-12 § 2)

§ 19.69.020 Definitions.

When used in this chapter, these terms mean the following:

means the median household income of households in Santa Clara County, adjusted for household size, as determined and published by the California Housing and Community Development Department (HCD).

means, for the purposes of establishing affordable rents, a household with a total number of members equal to the number of bedrooms in the below market rate home, plus one. For example, the assumed household size for a three-bedroom home is a four-person household. Household members include all adults and children of any age residing in the same dwelling unit, and functioning as one financial and housekeeping unit.

"Below market rate (BMR) rental housing"

means any project that receives development funding from any local, state, or federal governmental or non-profit source, which meets the criteria for below market rate housing.

means rental dwelling units affordable to lower income households and regulated by this chapter. A "BMR rental unit" means one BMR rental housing dwelling unit.

"Eligible tenant"

means a lower income household which meets the eligibility requirements of this chapter to rent a BMR rental unit. Tenant eligibility shall be determined by the property manager prior to occupancy of a BMR rental unit and annually thereafter, and verified by the director through annual audits of the property manager's leasing files and other related records.

means the gross, pre-tax income of all adult occupants of the applicant household, and as may be further defined in the BMR Rental Housing Guidelines.

means the sum of monthly rent and utility costs, not including telecommunications services (telephone, cable television, internet), charged to tenants for rental of a BMR rental unit.

means a household with a gross annual household income at or below eighty percent of AMI for Santa Clara County. This definition corresponds to the definition of lower income households used for state- and federally-assisted housing programs.

means a dwelling unit that is not subject to the occupancy or rental restrictions in this chapter or any other affordability restrictions or covenants.

(Ord. 2976-12 § 2)

§ 19.69.030 Applicability.

Existing BMR Rental Units. This chapter applies to rental housing developments subject to a BMR housing agreement recorded before the enactment of this chapter and for the term specified in the agreement.

BMR Rental Housing Guidelines. The director shall develop detailed procedures and guidelines to ensure the orderly and efficient administration of the requirements of this chapter. These procedures and guidelines are incorporated into this chapter as the BMR Rental Housing Guidelines.

(Ord. 2976-12 § 2)

§ 19.69.040 Below market rate housing (BMR) requirement.

The BMR housing requirement for any rental housing development subject to this chapter is what is specified in the recorded BMR housing agreement.

(Ord. 2976-12 § 2)

§ 19.69.050 Occupancy and rental restrictions.

Term of Restrictions. BMR rental units shall be reserved for rental to and occupancy by lower income households and shall be subject to the occupancy and rental restrictions in this chapter for the term recorded in the applicable BMR housing agreement.

Maximum Rent. The director shall establish and publish annually the maximum rent amount for each unit size in the BMR Rental Housing Guidelines. The maximum rent for BMR rental units shall not exceed a price affordable to lower income households, and based on a housing cost of thirty percent of monthly gross household income for the unit's assumed household size. The percentage of AMI used to establish maximum rents shall be seventy percent, except that the director may adjust the percentage within a range of sixty to seventy-five percent of AMI to address major shifts in prevailing market rate rents for comparable dwellings or other related economic conditions affecting the demand for BMR rental housing. Existing leases with rents within the BMR rent limits in effect when the lease was executed or amended are exempt from this subsection, until the unit is first vacated and leased to a new tenant following enactment of this chapter.

Eligibility to Rent. The eligibility of a prospective tenant shall be determined and certified by the property manager before the execution of a lease and occupancy of a BMR rental unit. It is unlawful for any person to willfully make a false representation or fail to disclose information for the purpose of qualifying as eligible to rent a BMR rental unit. Prospective tenants are subject to the following:

Procedures for Review. The property owner or manager shall review the assets and income of prospective renters using the forms and procedures provided by the director before executing a lease to rent a BMR rental unit. The director shall audit the eligibility review and leasing files of the property owner or manager annually to determine compliance with this chapter.

Income Limits. The prospective tenant's combined household income and assets shall not exceed the limits for a lower income household, and as further defined in the BMR Rental Housing Guidelines.

Conflict of Interest. The following individuals, by virtue of their position or relationship, are ineligible to rent a BMR rental unit:

Any city official or employee who administers or has policy-making authority over city housing programs;

The developer of the unit; or

The immediate relative or employee of, and anyone gaining significant economic benefit from a direct business association with, City employees, officials, developers, or owners who are not eligible to rent a BMR rental unit.

Additional Criteria. The director may establish other reasonable eligibility criteria to ensure tenants' ability to pay rent when due and comply with standard lease terms, and to ensure effective operation of the program.

(Ord. 2976-12 § 2)

§ 19.69.060 Enforcement.

In addition to the provisions in Chapter 19.98.140 (Violations), the following provisions also apply to the enforcement of this chapter:

Agents, Successors and Assigns. The provisions of this chapter apply to all agents, successors and assigns of the applicant.

Penalties and Fines. Any person, firm, or corporation, whether as principal or agent, violating or causing the violation of this chapter is guilty of a misdemeanor. Conviction may be punishable for each offense by a fine of up to five hundred dollars or by imprisonment in the Santa Clara County jail for a term up to six months, or by both. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is commenced, continued, or permitted by such person, firm, or corporation, and may be punishable as provided in this section.

Civil Action. Any eligible tenant of a BMR rental unit who has been charged rents in excess of that allowed by this chapter and has given written notice to the director, may file a civil action to recover any excess rents. .

BMR Rental Fines. If it is determined that rents and utilities in excess of those allowed by the administration of this chapter and the BMR Rental Housing Guidelines have been charged to a tenant of a BMR rental unit, the landlord is liable for a civil penalty. The civil penalty amount shall be as set forth in Chapter 1.04 or 1.05, as amended from time to time, and any excess rent and utilities not recovered by a tenant under subsection (c) of this section. If the city does not otherwise recover its reasonable attorney fees and other legal costs from the landlord, the city shall deduct these costs from the amounts collected under this section and deposit the balance into the BMR housing trust fund.

(Ord. 2976-12 § 2)

§ 19.69.070 Annual report.

The director shall provide an annual report to the city council on the status of BMR rental units maintained under this chapter. The report shall include the number, size, type, compliance status, and general location of each unit, as well as the number of any units released from the program restrictions by the end of the term specified in the BMR housing agreement, and the BMR rental vacancy rate.

(Ord. 2976-12 § 2)

§ 19.69.080 Severability.

If any portion of this chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, that decision will not affect the validity of the remaining portions of this zoning code. The city council declares that this chapter and each portion would have been adopted without regard to whether any portion of this chapter would be later declared invalid, unconstitutional, or unenforceable.

(Ord. 2976-12 § 2)

§ 19.70.010 Purpose and intent.

In addition to all other requirements and procedures as set forth in this code pertaining to conversions, as defined here, the additional requirements provided by this chapter shall also apply.

(Prior zoning code § 19.84.020; Ord. 2623-99 § 1)

§ 19.70.020 Findings required for conversion.

No use permit or special development permit for conversion of apartment to community housing units shall be approved, nor shall the conversion of any apartment project to a community housing project be approved if the total number of units approved for conversion in the past twelve months has exceeded one hundred seventy-five, unless a finding can be made that "the conversion will not adversely impact the community's ability to provide housing for all economic segments of the community." The vacancy rate shall be evaluated when considering the finding.

(Prior zoning code § 19.84.030; Ord. 2623-99 § 1; Ord. 2810-06 § 10)

§ 19.70.030 Determination of apartment vacancy rate and surplus.

Once annually, the director of community development shall determine, on the basis of a representative sampling of apartment buildings, the apartment vacancy rate. Such determination shall be set forth in a written report to the planning commission and city council. New market priced apartments available to the general public, for which a certificate of use and occupancy has been issued since the last vacancy survey, shall be added on a unit-for-unit basis to either reduce the apartment vacancy deficiency or increase the apartment vacancy surplus. Apartments existing as of the last vacancy survey, for which demolition permits have since been issued, or for which a use permit or special development permit for conversion to community housing has been approved, shall be added or subtracted on a unit-for-unit basis to either increase the apartment vacancy deficiency or reduce the apartment vacancy surplus.

(Prior zoning code § 19.84.040; Ord. 2623-99 § 1; Ord. 2810-06 § 11)

§ 19.70.040 Use permits and special development permits.

A use permit or special development permit, issued under Chapter 19.88 or 19.90 shall be required prior to the conversion of apartments to community housing units, and prior to the approval of any tentative or parcel map in furtherance of same, in any zoning district.

In addition to the other requirements of this title, such applications shall be accompanied by the following:

The developer agrees to retain and not to sell a block of units equal in number to the amount by which the apartment vacancy surplus is exceeded;

The developer shall not increase rent levels for such retained units as charged at the time of application, in excess of the annual cost of living increase published for the housing segment of the San Francisco Bay Area Consumer Price Index.

In addition to the other requirements of this title, such applications shall be accompanied by the following:

Name, address, age and length of occupancy of every tenant and occupant, including children, in the project on the date of application;

Current rents for each unit, along with the date and amount of prior rent increases for the preceding three-year period;

The approximate proposed sales price of each unit, and the pro forma budget proposed for submission to the California Real Estate Commissioner or similar estimate of projected annual operating and maintenance fees and assessments;

All organizational documents:

The declaration of restrictions shall prohibit the unenclosed storage of any vehicle intended for recreation purposes, including land conveyances, vessels and aircraft, but not including attached camper bodies and motor homes not exceeding eighteen feet in length, unless approved storage areas are provided,

The declaration of restrictions shall provide for approval by the city of Sunnyvale prior to any future modification of site plans, architectural elevations, exterior materials and colors or of any of the organizational documents,

The declaration of restrictions shall require the designation of a project manager residing in the project or maintaining an office onsite to represent the association with full powers to enforce the various provisions of such document;

A property report prepared by a registered engineer or licensed qualified contractor describing the physical condition and estimated remaining useful life of each of the various elements of the project proposed for conversion, including the following: building foundations, roofs, walls, sound insulation, mechanical, electrical and plumbing systems, onsite utilities, heating and air conditioning systems, and fire protection systems, together with recommendations relating thereto in order to assure their continued useful life for a minimum of five years;

A structural pest control report prepared within sixty days of the date of application by a licensed structural pest control operator, pursuant to Sections 8516, et seq. of the California Business and Professions Code, or successor section;

A building history report, including the date of construction of all elements of the project and a statement regarding the current ownership of all improvements and underlying land;

A statement of any proposed repairs or improvements proposed to be completed prior to the sale of units, along with a time schedule therefor;

A soils report, if not previously prepared, in compliance with the provisions of the Subdivision Map Act;

A copy of the application to the Department of Real Estate of the state of California for issuance of a final public report for the proposed conversion, including all attachments and exhibits thereto required by the department, pursuant to Section 11011 of the California Business and Professions Code, or successor section;

Any other information which, in the opinion of the director of community development, will assist in determining whether the proposed project will be consistent with the purposes of this title;

The director of community development may waive the submission of certain of the above factual items if it is demonstrated that such information is not available and cannot be obtained.

(Prior zoning code § 19.84.050; Ord. 2623-99 § 1; Ord. 2810-06 § 12)

§ 19.70.050 Minimum requirements.

In addition to the other provisions of this title, each project approved for conversion shall comply with the following minimum requirements:

Prohibition of Discrimination against Prospective Buyers with Children. Under no circumstances shall a project approved for conversion limit sales to families or individuals without children, unless it is demonstrated that the project as designed and built is not suitable for accommodation of children.

Tenant Protection.

The developer shall provide to each existing tenant an irrevocable, nontransferable, preemptive right to purchase the lot or unit presently occupied, or right of exclusive occupancy for same at a price no greater than the price offered to the general public for such lot or unit. Such right shall be irrevocable, unless declined in writing, for a period of ninety days after the commencement of sales or issuance of the final public report by the real estate commissioner.

The developer shall offer an extension of tenancy of all existing lease or rental agreements to expire not less than ninety days subsequent to the time of commencement of sales or issuance of the final public report by the real estate commissioner.

The developer shall permit any tenant to terminate any lease or rental agreement without any penalty whatsoever after filing of an application to convert to community housing, provided such tenant notifies the developer in writing thirty days in advance of such termination.

Expenses for temporary relocation, including all moving costs and the securing of and paying for comparable replacement housing within the community for any tenant who has not entered into a contract to purchase his or her unit or lot, who is displaced on a temporary basis in order for the developer to perform necessary repairs to a unit in connection with a conversion shall be assumed in full by the developer.

An existing tenant's rent shall not be increased during the remaining period of residency from date of application for conversion, in excess of the housing segment of the annual cost of living increase published for the San Francisco Bay Area Consumer Price Index.

Buyer Protection. The developer shall furnish each prospective purchaser of a lot or unit a true copy of each of the following documents:

The use permit or special development permit as issued under the provisions of this chapter;

Property report;

Structural pest report;

Building history report;

Soils report;

Statement of compliance issued by the Real Estate Department of the State of California, or its successor document relating to operating and maintenance funds during startup.

Site Improvements and Amenities. Each of the following site improvements and amenities shall be complete as of the commencement of sales or issuance of the final public report by the real estate commissioner:

A minimum of three hundred cubic feet of weatherproof, lockable storage space shall be provided for each unit in a location and of a design as shown on plans approved by the city council, and with hardware as approved by the director of public safety. Such storage space shall be in addition to normal kitchen cabinets, pantries or clothes closets.

Individual hookups shall be provided in each unit to accommodate washing machines and dryers, unless common facilities, including all new appliances, are provided on the basis of one washer and dryer for each five units or fraction thereof.

All existing and proposed on-site utilities, including communication service and distribution facilities, and electricity service and boundary distribution lines of thirty-four and one-half kV or less, shall be placed underground to the nearest off-site pole, in a manner as prescribed under Chapter 19.38 of this code.

Off-street parking shall be provided as required by Chapter 19.46.

The following fire prevention and building safety standards shall be met:

Developer shall demonstrate that wall and floor/ceiling assemblies comply with fire wall separation standards, as specified in the Uniform Building Code;

Developer shall demonstrate that wall and floor/ceiling assemblies conform to the sound insulation performance criteria promulgated in Title 25, California Code of Regulations, Section 1092 or its successor;

A smoke detector of design as approved by the fire prevention division shall be provided in each unit;

Developer shall demonstrate that residential buildings conform to energy conservation standards promulgated in Title 24, Part 6, Article 1, California Code of Regulations, or its successor.

The following shall be applicable to utility distribution systems:

Gas and electric service shall be separately metered and billed for each individual lot or unit;

In the case of a community housing project in which units are not vertically separated by floor/ceiling assemblies, water service shall also be separately metered and billed for each individual lot or unit, as well as for all common facilities, the latter being billed to the association.

The following utility safety devices shall be provided for each lot or unit:

Water shutoff valves shall be provided in accessible locations for all outlets;

Electric panels shall be provided in accessible locations controlling the entire service to each unit.

Including domestic appliances, which are determined by the director of community development to be a source or potential source of vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise insulated in a manner approved by the director of community development to lessen the transmission of vibration or noise.

All major appliances provided to individual lots or units shall be guaranteed to operate properly for a period of one year.

Compliance with Codes. The design, improvement and construction of a community housing project shall conform to all requirements of all building, fire, housing, subdivision and zoning codes, and other applicable local, state or federal laws or ordinances relating to protection of public health and safety in effect at the time of the filing of the use permit or special development permit. Additionally, any violations of the latest adopted edition of the Uniform Housing Code relating specifically to provisions protecting health and safety of residents, as determined by the director of community development following a walkthrough inspection of each unit and building, shall be corrected and any equipment or facilities which are found to be deteriorated or hazardous, shall be repaired or replaced as directed by the director of community development. The developer shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest report.

(Prior zoning code § 19.84.060; Ord. 2623-99 § 1)

§ 19.70.070 Certificate of use and occupancy for community housing project.

Prior to the sale, lease, use or occupancy of any units or building of a project as community housing, the developer shall first obtain a certificate of use and occupancy for each such unit or building. Such certificate shall be obtained regardless of the previous use, occupancy or tenancy or whether any changes, alterations or modifications have been made to any portion of any existing unit or building. Application for a certificate of use and occupancy for community housing shall be made to the director of community development upon satisfaction of each of the foregoing provisions of this chapter.

(Prior zoning code § 19.84.080; Ord. 2623-99 § 1)

§ 19.71.010 Title, findings, and intent.

Findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the city council hereby makes the following binding findings within this chapter that this chapter is more protective than the provisions of Civil Code Section 1946.2 because:

The just causes for termination of a residential tenancy under this chapter are consistent with Civil Code Section 1946.2, and such provisions relating to just cause are incorporated by reference into this chapter; and

This chapter provides additional tenant protections that are not prohibited by any other provision of law. Specifically, this chapter applies eviction protections to residential real properties that have received certificates of occupancy within the previous fifteen years, provides for higher relocation assistance amounts than those available to tenants covered by Civil Code Section 1946.2, and requires certain minimum lease terms.

"Residential real property"

Intent. As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and Civil Code Section 1946.2. This chapter incorporates Civil Code Section 1946.2 by reference with the intent that the protections of Civil Code Section 1946.2 be extended to apply to residential tenants covered by Civil Code Section 1946.2, as well as to residential real properties that have been issued certificates of occupancy within the previous fifteen years; to increase the amount of relocation benefits available to tenants; and that those provisions of this chapter which differ from Civil Code Section 1946.2 supplement and are more protective of residential tenants than Civil Code Section 1946.2.

(Ord. 3215-23 § 1)

§ 19.71.020 Definitions.

When used in this chapter, these terms mean the following:

"Just cause"

for purposes of this chapter is defined as the at-fault causes set forth in Civil Code Section 1946.2(b)(1) and the no-fault causes set forth in Civil Code Section 1946.2(b)(2).

"Owner"

means any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner.

"Rent"

means all periodic payments and all nonmonetary consideration, including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the tenant under a rental agreement concerning the use and occupancy of a residential real property and all attendant housing services, including all payments and consideration demanded or paid for parking, utility charges (if included in the rental amount paid by the tenant to the owner), pets, furniture and other benefits, privileges or facilities connected with the use or occupancy of the residential real property.

means any dwelling unit that is intended for human habitation, including any dwelling or unit in a mobile home park that is not owner-occupied.

However, residential real property as used in this chapter shall not include residential real properties or residential circumstances referenced in Civil Code Section 1946.2(e)(1) through (6) and (8).

"Tenancy"

means the lawful occupation of residential real property and includes a lease or sublease.

means any individual or household who lawfully occupies residential real property including a subtenant.

(Ord. 3215-23 § 1)

§ 19.71.030 Adoption of Civil Code Section 1946.2 by reference related to terminations of tenancy.

This chapter adopts and incorporates by reference Civil Code Section 1946.2 in the Municipal Code in its entirety and as such statute may be amended from time to time, except for Civil Code Section 1946.2(e)(7), which is specifically excluded, and except for any other provisions that directly conflicts with this chapter.

It is expressly intended that this chapter shall apply to residential real property regardless of when the certificate of occupancy has been issued, including residential real property for which a certificate of occupancy has been issued within the previous fifteen years.

This chapter shall not apply to short-term rentals, as defined in Chapter 19.76 of this code.

(Ord. 3215-23 § 1)

§ 19.71.040 Notice of terminations of tenancy.

Notice to Terminate Tenancy. Owners shall provide tenants written notice of the relocation assistance available to the tenant pursuant to Section 19.71.050 for any no-fault just cause eviction as defined in Civil Code Section 1946.2(b)(2) no less than thirty days prior to the issuance of a notice of termination, unless the eviction is required by an order issued by a government agency and necessitates vacating the residential real property in a time sensitive manner.

An owner's failure to strictly comply with this section shall render the notice of termination void.

(Ord. 3215-23 § 1)

§ 19.71.050 Relocation assistance for no-fault just cause evictions.

For a tenancy for which just cause is required to terminate the tenancy under Civil Code Section 1946.2(b)(2) (no-fault just cause), the owner shall be obligated to provide the tenant with relocation assistance in accordance with this section.

The amount of relocation assistance provided to tenants for a no-fault just cause eviction shall be equal to two times the tenant's monthly rent that was in effect when the owner issued the notice of intent to terminate the tenancy.

The owner shall provide one-half of the relocation assistance owed to the tenant within fifteen calendar days of service of the notice to terminate the tenancy. The remaining one-half of the relocation assistance may be provided either: (1) in the form of a waiver of rent equivalent to one month towards the final month of tenancy, so long as the tenant has not previously paid the final month's rent; or (2) a payment in cash or money order paid no later than the date the tenant vacates the residential real property. If the owner elects to waive the rent for the final month of tenancy, then the notice of relocation benefits provided pursuant to Section 19.71.040 shall state the amount of rent waived and that no rent is due for the final month of the tenancy.

(Ord. 3215-23 § 1)

§ 19.71.060 Requirement to offer written lease-Minimum lease terms.

One-Year Lease Term. If a prospective tenant or existing tenant identified under subsection (e) and (f) of this section wishes to rent residential real property from an owner and if said owner wishes to rent said residential real property to said prospective tenant, the owner must offer to the prospective tenant a written lease which has a minimum term of one year. Such offer must be made in writing. If the prospective tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing. Signing a lease which has a minimum term of one year will be considered an offer if signed by the owner, and an acceptance if countersigned by the prospective tenant. If the prospective tenant rejects the offer for a written lease which has a minimum term of one year, such rejection must be in writing. Writing shall be defined as written notice or email. This written notice shall include, but is not limited to, the length of rental term offered and rental rate. Acceptance or denial of this offer shall include signature of both tenant and owner, which signature maybe via electronic signatures.

Shorter Lease Term. If said prospective tenant or existing tenant identified under subsection (e) of this section rejects the offer for a written lease which has a minimum term of twelve months as provided in subsection (a) of this section, said owner and said prospective tenant may then enter into a written lease that provides for a term of fewer than 12 months, including a month to month lease term.

Tenant Selected Lease Term. If owner offers an upfront menu of lease terms to tenant prior to lease acceptance, that shall satisfy this section. The menu of term options shall allow the tenant the choice of the minimum number of options as follows: one month, three months, six months, twelve months. This chapter shall not cap the maximum term length that may be offered by the owner through this style of lease term offer. The menu of term options can be presented to the tenant digitally through a rental software or rental website, or through a written form where the tenant selects the term length when applying for the residential real property. If the owner offers this style of a menu of term options, the owner is not required to comply with subsections (a) and (b) of this section.

Rejection. It is the tenant's responsibility to accept or reject the offer of a written lease in writing within five calendar days of service of the written offer. If the tenant or prospective tenant rejects the offer for a written lease which has a minimum term of one year, then the owner and tenant or prospective tenant may enter into an agreement, oral or written, that provides for a rental term of less than one year. Failure to accept or reject shall allow owner to offer a lease to another tenant.

Renewal of Lease. If both the owner and tenant wish to continue the rental relationship, upon the expiration of a written lease or rental agreement which has a term other than month to month, a written lease shall be offered again in accordance with the procedures set forth in subsections (a) through (c) of this section. The owner shall have no obligation to re-offer a tenant a one-year lease term if the tenant has previously rejected such offer(s) in accordance with the procedures set forth in subsections (a) through (c) of this section and has a written lease with a term of fewer than six months.

Existing Month to Month Tenancies. Within one hundred twenty days of the effective date of the ordinance codified in this chapter, any existing month to month tenant renting residential real property as of the effective date of this chapter may request a written lease with a minimum term of one year, provided such tenant has not previously received a written notice of lease or rental agreement violation pursuant to Code of Civil Procedure Section 1161 and such violation remains uncured. The tenant shall make such a request in writing, as defined in subsection (a) of this section. The owner shall, upon receipt of such notice, offer to said tenant a written lease on terms substantially similar to those of the existing rental arrangement (except as to length of term) in accordance with the procedures set forth in this section, as applicable.

Good Faith. This chapter requires the exercise of good faith, which shall mean honestly and without fraud, collusion or deceit. It shall further mean that the written lease is not being utilized as a method of circumventing any of the provisions of this chapter. An example of good faith is when the owner offers in writing a lease which has a minimum term of one year, that lease is substantially similar to the written rental agreement for a period of less than one year.

Exemptions. This section shall not apply to the following:

Residential real property that is exempt from the just cause eviction protections set forth in Civil Code Section 1946.2, except for Civil Code Section 1946.2(e)(7), because it is expressly intended that this section shall apply to residential real property regardless of when the certificate of occupancy has been issued including residential real property for which a certificate of occupancy has been issued within the previous fifteen years.

Short-term rentals, as defined in Chapter 19.76 of this code.

(Ord. 3215-23 § 1)

§ 19.71.070 Notice of tenant rights.

An owner of residential real property subject to this chapter shall provide written notice to the tenant as follows:

For any tenancy commenced or renewed on or after the effective date of the ordinance codified in this chapter, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.

For any tenancy existing prior to the effective date of the ordinance codified in this chapter, by written notice to the tenant no later than sixty days after the effective date of said ordinance, or as an addendum to the lease or rental agreement.

On or before June 15, 2023, the director of community development shall develop sample language for the lease provision as well as a sample written notice referenced in subsection (a) above. Owners may use either the sample language for the lease provision or the sample written notice to comply with the requirements of subsection (a) above. In addition, the lease provision or written notice shall be in lettering no less than twelve point type.

Manner of Notice. Owners must provide the notice to tenants in writing if the application and lease are processed in writing, electronically if the application and/or lease are processed electronically, or both if both methods are utilized. The provision of the notice shall be subject to Civil Code Section 1632.

Posting Requirement. Owners must prominently display in lettering no less than twelve point type a poster that summarizes the ordinance codified in this chapter and the Tenant Protection Act of 2019 (Assembly Bill 1482), and provides contact information for the city of Sunnyvale Housing Division. The postings must be placed in conspicuous areas under the owner's control where all tenants can easily see and read such postings. On or before June 15, 2023, the director of community development shall develop a sample posting that the owners may use to comply with the requirements of this subsection (d). The posting shall be available on the city of Sunnyvale Housing Division's Internet Web site so that it is accessible to any member of the public.

(Ord. 3215-23 § 1)

§ 19.71.080 Owner retaliation prohibited.

An owner is prohibited from retaliating against a tenant for lawfully and peaceably exercising their legal rights. No owner may take any action increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant's use of any remedy provided by this chapter.

(Ord. 3215-23 § 1)

§ 19.71.090 Nonwaiver.

Any waiver or purported waiver by a tenant of their rights under this chapter prior to the time when such rights may be exercised, except a rejection of a written lease which has a minimum term of one year in accordance with the procedures set forth in Section 19.71.060 (Requirement to offer written lease—Minimum lease terms) shall be void and unenforceable as contrary to public policy.

(Ord. 3215-23 § 1)

§ 19.71.100 Remedies.

In the event of a violation of this chapter, a residential tenant may institute a civil proceeding for injunctive relief, money damages, and whatever other relief the court deems appropriate. The remedy available under this section shall be in addition to any other existing remedies which may be available to the residential tenant under local, county, state or federal law. In addition, this chapter grants a defense to eviction to any unlawful detainer actions in violation of this chapter.

(Ord. 3215-23 § 1)

§ 19.72.010 Findings and purpose.

Findings. The city council finds that:

Mobile homes are an important form of affordable housing in the city, particularly for seniors and persons with moderate or lower incomes;

Many mobile home owners have made a large financial investment in their mobile home and loss of this investment would limit their ability to find replacement housing;

Vacant mobile home spaces in comparable mobile home parks are scarce in the city and in surrounding communities, and acceptance criteria often exclude older mobile homes; and

Due to the reasons stated above, the conversion, closure or cessation of use of a mobile home park could have an adverse impact on the ability of displaced residents to find adequate replacement housing. The mitigation measures required by this chapter are found to be necessary and reasonable, consistent with state law, while recognizing the rights of park owners to pursue changes in land use.

"Comparable mobile home park"

Purpose. This chapter establishes requirements to ensure that the adverse social and economic impacts of any mobile home park conversion on displaced residents are identified and mitigated through adequate notice, reasonable relocation and other assistance. These requirements are established under the authority granted by California Constitution, and Government Code Sections 65863.7 and 66427.4, and Civil Code Section 798.56.

(Ord. 2983-12 § 5)

§ 19.72.020 Definitions.

When used in this chapter, these terms mean the following:

"Applicant"

means any person or entity seeking approval of a mobile home park conversion. Applicant can also mean a park owner whose park has been determined to be undergoing conversion due to reduced occupancy.

"Comparable housing"

means housing that meets the minimum standards of the Uniform Housing Code, and is similar to the subject home in terms of rent, size, number of bedrooms and bathrooms, and other relevant factors such as location and proximity to the resident's place of employment, amenities, schools, and public transportation.

means any other park similar to the subject park in terms of amenities, rent, and other relevant factors, such as proximity to public transportation and shopping, the job market where a displaced resident is employed, and proximity to schools if the resident has school age children.

"Development application"

means a filed request for approval of a general plan amendment, rezone, tentative map, use permit, special development permit, or any other permit related to a proposed mobile home park conversion. Development application does not include a request to initiate a general plan amendment.

"Disabled household"

means a household in which: (1) the primary wage earner or spouse is a person with disabilities; (2) at least two members are persons with disabilities; or (3) one or more members are persons with disabilities with a live-in aide. A disability is a medical condition or physical or mental impairment that substantially limits at least one of the person's major life activities, as defined in the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes.

"In-place value"

means the value of the mobile home in its current condition, without regard to the possible park closure.

"Mobile home"

means a structure designed and used for human habitation and for being moved on a street or highway under permit pursuant to California Vehicle Code Section 35790, a mobile home as defined in Section 18008 of the Health and Safety Code, or a manufactured home, as defined in Health and Safety Code Section 18007. A mobile home does not include a recreational vehicle as defined in Civil Code Section 799.24 and Health and Safety Code Section 18010, a commercial coach, or factory-built housing as defined in Health and Safety Code Section 19971.

"Mobile home owner"

means the registered owner of a mobile home, regardless of the number of such owners or the form of such ownership, and who has the right to use a mobile home space in a park.

"Mobile home park"

means an area of land where two or more mobile home spaces are held for rent, including areas of land zoned or otherwise approved for use as a mobile home park under this title. In this chapter, the term "park" is the same as "mobile home park."

"Mobile home space"

is an area within a park designated for occupancy by one mobile home. In this chapter, the term "space" is the same as "mobile home space."

"Park owner"

means any person or entity in possession of the title of the mobile home park and is responsible for paying its property taxes. "Park owner" does not include a mobile home owner who rents out or subleases their mobile home.

"Proof of service"

means written evidence that a required recipient has received a notice or other document. Proof of service includes any United States Postal Service delivery confirmations such as certified mail or signature confirmation. If delivered personally, proof of service includes a statement signed by the recipient.

"Resident"

means a mobile home owner who lives in the park or tenant.

"Senior household"

means a household in which: (1) the primary wage earner or spouse is at least sixty-two years old; (2) two or more members are at least sixty-two years old; or (3) one or more members are at least sixty-two years old with a live-in aide.

means a person who lives in a mobile home or other dwelling within a park under a bona fide lease or agreement and who is not a mobile home owner.

"Uninhabited"

means a mobile home space that is either unoccupied by a mobile home, or occupied by a mobile home in which no persons reside, and such situation was not caused by physical disaster or any other condition beyond the control of the park owner.

means a household with annual income less than eighty percent of the area median income of households in Santa Clara County, as defined by the California Housing and Community Development Department.

(Ord. 2983-12 § 5)

§ 19.72.030 Applicability.

Conversion. This chapter applies to any conversion of a mobile home park, including:

A change of use;

A change of the park or any portion to a condominium, stock cooperative, or any other form of ownership where spaces within the park are sold individually; or

Cessation of use or closure of any portion of the park, whether immediate or gradual. This includes reduced occupancy of the park as determined in Section 19.72.070 (Conversion due to reduced occupancy).

Bankruptcy Exemption. This chapter does not apply if the closure or cessation of use of a mobile home park results from the entry of an order for relief in bankruptcy, as stated in California Government Code Section 65863.7.

(Ord. 2983-12 § 5)

§ 19.72.040 Notice of intention to convert.

Ninety Days' Notice of Intention. The applicant shall give a written notice of the intention to convert a mobile home park at least ninety days before filing a request to initiate a general plan amendment or a development application, whichever is first. The notice shall be provided to all mobile home owners and residents with proof of service, and a copy provided to the city. The notice shall be posted at all entrances of the park. The same written notice shall be provided to prospective new residents prior to payment of any rent or deposit.

Notice Content. The notice shall contain the following information:

That the applicant proposes a conversion of the mobile home park that requires city approval of a conversion impact report;

A description of the proposed development application, if applicable, and the required permit approvals; and

A statement that the applicant will file an application for a final public report with the California Department of Real Estate, if applicable.

(Ord. 2983-12 § 5)

§ 19.72.045 Right of negotiated purchase.

Exercise of Right within Ninety Days. A designated resident organization may exercise the right to negotiate purchase of the mobile home park if a written notice of interest is provided to the park owner within ninety days of the postmark date of the notice of intention to convert, or issuance of a notice of determination of conversion due to reduced occupancy. The notice shall include a statement of interest to negotiate purchase of the park and the name and contact information of the organization and of a representative. The right of negotiated purchase is deemed expired if a notice is not provided in accordance with this section.

Negotiation for Purchase within One Hundred Eighty Days. If a written notice is provided to the park owner within the specified time limit, the applicant must meet with the designated resident organization within fifteen days of receipt of the notice to explore the possibility of acquisition of the park. The right of negotiated purchase is deemed expired if the applicant and the designated resident organization do not reach an agreement on the terms of sale within one hundred eighty days of the postmark date of the notice of intention to convert, or issuance of a notice of determination of conversion due to reduced occupancy.

Conversion Applications during Negotiations. The applicant may file any application related to conversion of a mobile home park during negotiations with a designated resident organization provided the application is submitted ninety days after the postmark date of the notice of intention to convert. The city council may approve or deny an applicant's request to initiate a general plan amendment during negotiations. The city shall suspend any action authorizing conversion of the park until the right of negotiated purchase is deemed expired in accordance with this section.

Modification of Time Limits. The designated resident organization and the applicant may mutually agree to shorten or extend the time limits described in this section.

(Ord. 2983-12 § 5)

§ 19.72.050 Conversion impact report (CIR) required before conversion.

The applicant shall file a CIR for review and approval by the city council before any park conversion can be approved. The CIR shall contain the information required in Section 19.72.090 (Content of CIR) and shall adequately define and address the social and economic impacts of the proposed conversion on displaced residents and mobile home owners, as required by the city council. The required timing of filing is as follows:

Conversion with a Development Application. The CIR shall be filed before or at the same time as the development application. If a proposed conversion requires an amendment to the general plan, the CIR may be filed after initiation of the general plan amendment.

Conversion Due to Reduced Occupancy. If a mobile home park is undergoing conversion due to reduced occupancy, the CIR shall be filed within a period of time established by the director of community development under Section 19.72.070 (Conversion due to reduced occupancy).

(Ord. 2983-12 § 5)

§ 19.72.060 Relocation specialists.

List of Relocation Specialists. The director shall maintain a list of qualified persons or firms with proven expertise in housing, relocation of displaced persons, and who are familiar with the region's housing market.

Relocation Specialist Services. The city shall hire a relocation specialist from the director's list at the applicant's expense to prepare the CIR and provide residents the services described in this chapter. The relocation specialist is responsible for meeting with residents and helping them evaluate, select, and secure comparable housing. Such services include technical assistance related to leasing or purchasing replacement housing, explanation of the relocation assistance alternatives available, referral to any available affordable housing resources, assistance in making arrangements to move personal property and belongings, and transportation of residents who are unable to drive to housing alternatives.

(Ord. 2983-12 § 5)

§ 19.72.070 Conversion due to reduced occupancy.

Reduced Occupancy Conversion. A park is deemed to be undergoing conversion by closure or cessation of use when twenty-five percent or more of the spaces is uninhabited. At the time of twenty-five percent vacancy, the park owner shall file a statement explaining any known reasons for the reduced occupancy and any intention to change the use. A resident may also file a statement of reduced occupancy and shall indicate the spaces the resident believes to be uninhabited.

Statement Filed by Park Owner. If a park owner files a statement of reduced occupancy, the director determines the correctness of the statement and issues a notice of determination of conversion. No public hearing is required.

Statement Filed by Resident. If a resident files a statement of reduced occupancy, the director shall determine the correctness of the statement at a noticed public hearing.

The director's determination may be appealed directly to the city council by the park owner, mobile home owner, or any resident following the procedures in Section 19.98.070 (Appeals). Notice of the time and place of any public hearing described in this subsection shall be given to the park owner, mobile home owners and residents and posted at all entrances of the park at least thirty days before the hearing.

Notice of Determination and CIR. Written notice of conversion due to reduced occupancy shall be issued to the park owner, mobile home owners, and residents with proof of service. The notice of determination shall include a reasonable period of time during which the park owner shall file a CIR.

Waiver Request from Relocation Assistance. The park owner may request a total or partial exemption from relocation assistance obligations under Section 19.72.120 (Waiver from relocation assistance obligations). The request shall be filed by the date established by the director in the notice of determination under subsection (b).

Failure to Prepare a CIR. Failure of the park owner to submit a CIR within the required time frame is declared a public nuisance. This nuisance is due to the potential for severe adverse social and economic impacts on residents and mobile home owners by delaying the necessary analysis and provision of necessary relocation assistance. At that time, the director shall prepare the CIR and bill the cost to the park owner. The park owner shall reimburse the city for the cost within thirty days of receipt of the bill. If the park owner fails to reimburse the city, abatement and collection procedures may begin as provided in Sections 8.20.060 through 8.20.090 of the Sunnyvale Municipal Code.

(Ord. 2983-12 § 5)

§ 19.72.080 Relocation assistance.

Relocation Assistance Required. Under Government Code Sections 65863.7 and 66426.4, the applicant shall provide relocation assistance to mitigate any adverse impacts of a mobile home park conversion on displaced residents and mobile home owners in a manner that does not exceed the reasonable cost of relocation. This section establishes minimum relocation assistance for residents and mobile home owners. The applicant and any person eligible for relocation assistance may agree to other mutually satisfactory relocation assistance.

Eligibility for Relocation Assistance. Mobile home owners and residents are entitled to relocation assistance if they have not given notice to terminate their lease as of the date of the following, whichever occurs first:

Initiation of a general plan amendment;

CIR filing; or

Determination that the park is undergoing conversion due to reduced occupancy.

Waiver Agreements. Any agreement made with a mobile home owner to waive rights under this chapter is invalid and ineffective for any purpose. A waiver of relocation assistance rights is only valid if it is between a park owner and a tenant of a home owned by the park owner. The waiver shall contain the text of this section and a written acknowledgment by the tenant understanding the relocation assistance rights under this chapter and agreeing to waive them.

Reasonable Cost of Relocation. Reasonable cost of relocation includes a moving allowance and other applicable types of relocation assistance as defined in this section, and based on the CIR and housing and human services commission recommendations.

Moving Allowance for Eligible Residents. For all eligible residents, relocation assistance shall include a moving allowance to move to another park or other replacement housing up to a distance of one hundred miles. The resident is responsible for additional costs to move to a location farther than one hundred miles. Moving allowance includes:

The cost to move furniture and personal belongings;

Rent for first and last month at the new location;

Required security deposit at the new location;

Temporary lodging, if applicable.

Other Relocation Assistance. For eligible residents and mobile home owners, relocation assistance may also include one or more of the following:

Accessibility Improvements for Mobile Home Owners. For eligible mobile home owners, relocation assistance may include payment of the cost to reinstall or replace any accessibility improvements made to the mobile home such as wheelchair ramps lifts, and grab bars.

Rent Subsidy for Senior, Disabled or Low Income Households. For eligible senior, disabled or low income households, relocation assistance may include payment of a rent subsidy of up to twenty-four months if needed to offset increased housing costs and secure comparable housing. The rent subsidy is the difference of rent paid by the resident in the park and any higher rent for either a space at another park if the mobile home is relocated, or rent for comparable housing if the resident moves to other rental housing. Mobile home owners who are eligible to sell their mobile home to the applicant at its in-place value may only receive the rent subsidy if the selling price is inadequate to secure comparable replacement housing for at least twenty-four months.

Mobile Home Relocation Costs for Mobile Home Owners. For any eligible mobile home owner whose mobile home can be relocated, relocation assistance may include the lowest of three estimates obtained by the relocation specialist from licensed mobile home movers to physically relocate the mobile home to up to a maximum distance of one hundred miles. The mobile home owner is responsible for additional costs to move the mobile home to a location farther than one hundred miles. The estimates shall include the cost of disassembly of the mobile home, transportation to the new site, reinstallation, replacement or reconstruction of blocks, skirting, shiplap siding, porches, decks and awnings, earthquake bracing if necessary, insurance coverage during transport, and utility hook-ups.

Sale at One Hundred Percent In-Place Value for Mobile Home Owners. For any eligible mobile home owner whose home cannot be relocated to a comparable park within twenty miles or another park chosen by the mobile home owner, the city council may require the applicant to purchase the mobile home at one hundred percent of its inplace value. The applicant shall hire a mobile home appraiser from a list provided by the director to determine the inplace value of the mobile home. If the mobile home owner disputes the appraised value of their mobile home, the mobile home owner may hire an appraiser from the director's list to obtain an appraisal. To be considered, the mobile home owner shall obtain the appraisal within one hundred eighty days of the approval date of the CIR. If a second appraisal is obtained, the mobile home owner is entitled to the average of the appraisals obtained by the applicant and the mobile home owner.

If the appraiser identifies lack of maintenance, deferred maintenance or deterioration of the subject park that negatively affects the value of a mobile home, the appraiser shall determine the value of the home with an upward adjustment in value if necessary to eliminate the negative effect in value caused by the lack of maintenance, deferred maintenance or deterioration, normal wear and tear excepted.

Right of First Refusal for Residents. For all eligible residents, relocation assistance shall include the right of first refusal to purchase or rent new homes or apartments to be constructed on the park site. Income-eligible residents may have first priority to purchase or rent any below market rate (BMR) units which may be constructed on the park site, if they meet all eligibility requirements for the BMR housing program. In order to receive priority for BMR units, interested residents shall file a request with the housing division before vacating the park.

(Ord. 2983-12 § 5)

§ 19.72.090 Content of CIR.

The CIR shall contain all of the following information to adequately define and address the social and economic impacts of a proposed conversion or park closure on displaced residents and mobile home owners; unless the director determines that any of the following information would not be useful for a particular park.

Resident and Home Characteristics. A description of the characteristics of the following:

Homes. Date of manufacture, type, width, size, number of bedrooms of each mobile home or other dwelling, and any accessibility improvements, such as wheelchair ramps, lifts, and grab bars, listed by space number;

Residents. Number of occupants in each home, household type (senior, disabled, low income, individual, family with minor children, or other), and type of occupancy (mobile home owner, tenant, or other); and

Eligibility. Identification of those persons entitled to relocation assistance per Section 19.72.080 (Relocation assistance).

Confidential Resident Information. A list containing additional information shall be submitted separately from the CIR. Because of the confidential content of this list, the director shall maintain the list as a confidential public record which shall not be disclosed to the public except under the judgment, order or decree of a court of competent jurisdiction issued pursuant to the California Public Records Act (Government Code Sections 6250 et seq.). The list shall contain the following:

Personal Information. Names, addresses, and contact information of mobile home owners and residents;

Occupancy. Length of occupancy, current monthly rent and lease terms, and whether each person is a mobile home owner that does not live in the park, a tenant, or person living in housing other than a mobile home; and

Relocated Residents. New addresses for residents who have already relocated, if available.

Vacant Spaces in Desired Locations. A list of vacant spaces in parks within twenty miles of the park, and in any other locations within California desired by mobile home owners. The list shall include the park name, address, number of vacancies, lease rates, the terms, policies and restrictions on the type of mobile homes and residents accepted, amenities offered, and proximity to services such as public transportation, schools, medical services, social and religious services, and grocery stores.

Housing Alternatives. Availability and cost of renting or purchasing comparable housing in the city or any other locations desired by residents who cannot be relocated to a comparable park within twenty miles.

Potential Relocation of Mobile Homes. A determination based on the information provided under subsections (a), (b), and (c) of the total number of mobile homes that could be relocated to a comparable park within twenty miles or other locations desired by mobile home owners.

Relocation Plan. A relocation plan that specifies:

Minimum Relocation Assistance. The minimum amount of relocation assistance the applicant agrees to pay each eligible resident and mobile home park owner under Section 19.72.090 (Relocation assistance) and a description of how the amount was determined;

Replacement Housing. The type of replacement housing proposed for each resident (relocation to a comparable park, or rental or purchase of other housing); and

Timetable. A timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park.

Contact Information for Services. Names and contact information shall be provided for the following:

Relocation Specialist. The relocation specialist from the director's list with an explanation of the services available;

Moving Companies. Names, contact information and fee schedules of moving companies selected by the relocation specialist and approved by the director, along with estimates for moving the mobile home, furniture and personal belongings; and

Appraisers. Names, contact information and fee schedules of qualified mobile home appraisers from the director's list.

Additional Information. Any additional information necessary to address the specific needs of residents and mobile home owners relevant to the park conversion, as determined by the director.

(Ord. 2983-12 § 5)

§ 19.72.100 CIR notice and informational meetings.

CIR Notice and Distribution Thirty Days Before Hearing. The applicant shall provide notice, with proof of service, of the availability of the CIR to each mobile home owner and resident. Notice is only required to be sent to the person whose name appears on any rental agreement. This notice shall be provided at least thirty days before the housing and human services commission public hearing on the CIR and after director approval of the notice. The notice shall include:

A copy of the CIR;

A copy of this chapter; and

The date, time, and location of each scheduled informational meeting and public hearing on the CIR.

Verification Fifteen Days Before Hearing. At least fifteen days before the housing and human services commission public hearing on the CIR, the applicant shall submit verification to the director that the required notice and materials have been received by each required recipient.

Informational Meeting(s) Fourteen Days Before Hearing. At least fourteen days before the housing and human services commission public hearing on the CIR, the applicant shall hold at least one informational meeting for residents at the park. The meeting shall discuss the proposed timing of resident relocation, relocation assistance available, the contents of the CIR, and the status of any development application. The relocation specialist and director's designee shall be present at the informational meeting(s).

(Ord. 2983-12 § 5)

§ 19.72.110 Notice to prospective residents.

Before executing a rental agreement, the park owner shall advise, in writing, each prospective new resident that a development application for park conversion has been filed, or that the park has been determined to be undergoing conversion due to reduced occupancy, and that the new resident may not be entitled to any relocation assistance under Section 19.72.080 (Relocation assistance).

(Ord. 2983-12 § 5)

§ 19.72.120 Waiver from relocation assistance obligations.

Waiver Request. If the applicant believes that providing the required relocation assistance would impose an unreasonable financial hardship, the applicant may request total or partial exemption from relocation assistance obligations in accordance with this section. The request shall be filed with the CIR.

Disclosure to Residents. The applicant shall notify residents of the request for a waiver from relocation assistance obligations by including such information in the notice required by Section 19.72.100 (CIR notice and informational meetings).

Required Information. To justify the basis for the request of a waiver from relocation assistance obligations, the applicant shall provide the following information with the CIR:

Financial Statements. Statements of profit and loss from the operations of the park for the most recent five-year period of the date of the application or request, verified by a certified public accountant;

Statement of Repairs and Improvements. A statement made under penalty of perjury by a state-licensed general contractor that repairs and improvements are necessary to maintain the park in a decent, safe and sanitary condition and to continue the use of the property as a mobile home park. The statement shall include an itemized list of the necessary repairs and improvements, their costs, and the minimum period of time they shall be made. The applicant shall also submit a statement verified by a certified public accountant on the necessary increase in rental rates of mobile home spaces within the park within the next five years necessary to pay for such repairs or improvements. At the director's discretion, the applicant may be required to hire another licensed general contractor selected by the director to analyze the submitted information from another licensed general contractor selected by the director;

Estimated Relocation Costs. The estimated total cost of relocation assistance based on the requirements of Section 19.72.080 (Relocation assistance) and as determined by the relocation specialist;

Appraised Value Estimate. A comparison by an appraiser from the director's list of the estimated values of the property if it were to continue as a mobile home park, and if the park were developed according to the proposed redevelopment of the park; and

Additional Information. Other information the applicant believes to be pertinent, or which may be required by the director.

(Ord. 2983-12 § 5)

§ 19.72.130 Findings and decisions.

CIR Approval Required Before Approval of Development Application. The city shall not take any action on a development application until the city council has approved the CIR. Public hearings on any development application for the park site shall not be held in conjunction with, or on the same night as any public hearing on the CIR.

Review of Waiver Request. The request for a waiver from relocation assistance obligations shall be reviewed concurrently with the CIR. After receiving a recommendation from the housing and human services commission, the city council may grant or deny the waiver request if the required documentation demonstrates that providing the required relocation assistance would impose an unreasonable financial hardship.

Findings and Decisions on CIR. Following a public hearing, the housing and human services commission shall make a recommendation to the city council to approve or conditionally approve the CIR based on the required findings. After receiving a recommendation from the housing and human services commission and holding at least one public hearing, the city council may approve or conditionally approve a CIR based on the required findings:

Preparation, noticing, and distribution of the CIR has been done in compliance with this chapter; and

The CIR includes adequate information and options, and takes adequate measures to address the adverse social and economic impacts on displaced residents and mobile home owners of a mobile home park conversion.

(Ord. 2983-12 § 5)

§ 19.72.140 Obligations after approval of CIR.

Applicant Responsibility. The applicant is responsible for verifying that the actions required in this section have been performed after CIR approval. The city council may allow reasonable modifications to the specified time limits.

Selection of Relocation Assistance within One Hundred Twenty Days. Within one hundred twenty days of CIR approval, eligible residents and mobile home owners shall select the type of relocation assistance available per the CIR and confirm the selection with the relocation specialist. If a selection is not submitted, the relocation specialist may determine the appropriate relocation assistance based on the CIR.

Complete Appraisals and Obtain Estimates within One Hundred Eighty Days. Within one hundred eighty days of CIR approval, any mobile home appraisals shall be completed and any estimates for mobile home relocation shall be obtained. If any of these actions are not completed within the required time frame due to any act on the part of the applicant, the notice of termination of tenancy required in subsection (d) shall be extended by ninety days for the affected mobile home owner.

Termination of Tenancy One Hundred Eighty Days or More. The applicant shall give residents and mobile home owners at least one hundred eighty days' written notice of termination of tenancy from development application approval, or CIR approval for park closures.

Payment Thirty-Five Days Before Termination of Tenancy. The applicant shall pay all required monetary relocation assistance to eligible residents and mobile home owners at least thirty-five days before termination of tenancy. In the case where a mobile home owner has opted to sell the mobile home, the mobile home owner shall submit any documents necessary to transfer complete title and ownership of the mobile home to the applicant, free and clear of all security interests, liens, or other encumbrances, provided that the relocation assistance paid to the mobile home owner is adequate to remove any existing liens.

Verification Before Closure or Issuance of Building Permits. At least thirty-five days before the last resident's termination of tenancy, the applicant shall submit a statement made under penalty of perjury that required relocation assistance payments have been paid to eligible residents and mobile home owners. The statement shall specify each eligible resident and mobile home owner, the amount paid, the date of payment, and the type of relocation assistance selected by the resident or mobile home owner. The applicant is encouraged to submit receipts of payment as further verification. This verification shall be submitted before the park can be closed or before any building permits related to an approved development application can be issued.

(Ord. 2983-12 § 5)

§ 19.73.010 Purpose.

This chapter specifies the process for reviewing housing development projects entitled to review as a "use by right" under state law. In enacting this chapter, it is also the intent of the city to implement the goals, objectives, and policies of the city's housing element of the general plan.

(Ord. 3223-24, 2/6/2024)

§ 19.73.020 Eligibility.

The following housing development projects are eligible for by-right zoning approval.

The project is located on a site designated below; and

Downtown Specific Plan

116-124 Carroll Street (APN 209-05-036)

260 Charles Street (APN 165-13-053)

410 Charles Street (APN 165-03-002)

414 Charles Street (APN 165-03-001)

360 East Evelyn Avenue (APN 209-05-017)

380 East Evelyn Avenue (APN 209-05-018)

241-255 South Mathilda Avenue (APN 165-13-062)

259 South Mathilda Avenue (APN 165-13-063)

295 South Mathilda Avenue (APN 165-13-064)

425-427 South Mathilda Avenue (APN 165-03-003)

495 South Mathilda Avenue (APN 165-03-006)

475 West McKinley Avenue (APN 165-13-052)

495 West McKinley Avenue (APN 165-13-051)

El Camino Real Specific Plan

601 South Bernardo Avenue (APN 198-16-002)

629-675 South Bernardo Avenue - only for northerly portion of the lot zoned ECR-MU54, approximately 370-foot distance from E1 Camino Real (APN 198-16-004)

101-103 East El Camino Real; 576-590 South Murphy Avenue (APN 209-30-048)

105 East El Camino Real (APN 209-30-047)

107 East El Camino Real (APN 211-01-038)

111 East El Camino Real (APN 211-01-045)

121 East El Camino Real (APN 211-01-044)

125 East El Camino Real (APN 211-01-035)

151-161 East El Camino Real (APN 211-01-036)

556 East El Camino Real (APN 211-20-029)

561-587 East El Camino Real (APN 211-01-040)

576-594 East El Camino Real (APN 211-20-036)

592 East El Camino Real (APN 211-20-039)

595 East El Camino Real (APN 211-01-039)

596 East El Camino Real (APN 211-20-033)

598 East El Camino Real (APN 211-20-032)

144-152 West El Camino Real; 701-727 Sunnyvale-Saratoga Road (APN 201-37-012)

154-158 West El Camino Real (APN 201-37-011)

1205 West El Camino Real (APN 161-22-004)

1213 West El Camino Real (APN 161-22-005)

1234-1236 West El Camino Real (APN 198-16-007)

1238 West El Camino Real (APN 198-16-008)

1241-1249 West El Camino Real (APN 161-22-006)

1243-1253 West El Camino Real (APN 161-22-007)

1255 West El Camino Real (APN 161-22-008)

564 South Murphy Avenue (APN 209-30-050)

566-572 South Murphy Avenue (APN 209-30-049)

569 South Sunnyvale Avenue (APN 209-30-044)

575 South Sunnyvale Avenue (APN 209-30-045)

575 South Sunnyvale Avenue (APN 209-30-046)

Lawrence Station Area Plan

1155 Reed Avenue (APN 213-01-003)

1165 Reed Avenue (APN 213-01-002)

1164 Willow Avenue (APN 213-01-004)

Moffett Park Specific Plan

1272 Borregas Drive (APN 110-33-033)

1315-1327 Chesapeake Terrace (APN 110-37-014)

1313 Geneva Drive, 281-283 East Java Drive (APN 110-33-031)

1120 Innovation Way (APN 110-27-047)

241 East Java Drive (APN 110-33-035)

No address, to the northwest of 1265 Crossman Avenue (No APN, on common area parcel near APN 110-34-026)

No Specific Plan

420-450 Persian Drive (APN 110-29-008)

500 East Remington Drive (APN 211-23-019)

685 East Remington Drive (APN 211-20-046)

689-693 East Remington Drive (APN 211-20-047)

697 East Remington Drive (APN 211-20-045)

1110 Sunnyvale-Saratoga Road (APN 211-35-033)

1118 Sunnyvale-Saratoga Road (APN 211-35-003)

413-415 Tasman Drive (APN 110-29-006)

425 Tasman Drive (APN 110-29-005)

Twenty percent of the total number of housing units in the project are proposed to be available for rent to lower income households at affordable rent or to purchase at affordable sales prices, as applicable, pursuant to Chapter 19.67 or Chapter 19.77 of this code, as applicable, and

The housing development does not require a subdivision as defined in Title 18 of this code or applicable state law.

Permanent supportive housing as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq.

Low barrier navigation center as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq.

(Ord. 3223-24, 2/6/2024; Ord. 3226-24, 3/26/2024)

§ 19.73.030 Permit requirements.

An applicant for a housing development project eligible for by-right zoning approval shall submit a ministerial miscellaneous plan permit for approval of the design pursuant to Section 19.82.020(b). No discretionary permit or approval is required. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act.

Affordable units in the project shall comply with the requirements of Chapter 19.67 (Inclusionary Below Market Rate Ownership Housing Program) or Chapter 19.77 (Inclusionary Below Market Rate Rental Housing) as applicable.

(Ord. 3223-24, 2/6/2024; Ord. 3226-24, 3/26/2024)

§ 19.73.040 Review of application.

The application for the ministerial miscellaneous plan permit approval shall be reviewed for conformance with objective standards established by the general plan, applicable specific plans, Zoning Code, design standards, and other adopted standards.

As provided by Government Code Section 65583.2(i), the housing development project is exempt from the California Environmental Quality Act.

Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

(Ord. 3223-24, 2/6/2024)

§ 19.74.010 Findings.

The city council hereby finds that multifamily rental housing projects have a significant effect on the use and availability of parks and recreation space and facilities, and that the limited open space and recreation amenities provided by multifamily residential housing projects are insufficient to meet the needs of the residents for open space and recreational facilities. The council further finds that increased population, regardless of the type of housing, impacts existing open space resources and increases the need to improve, expand and/or develop new parks, open space and recreation facilities. While multifamily residential complexes do provide limited open space areas and recreation amenities, they are insufficient to meet the needs of people for more and larger open space areas. The intent of this chapter is to treat multi-family/rental housing developments in the same fashion as other residential development in the city requiring that such development pay its fair share toward improvements, and/or purchase and development of parks and recreational facilities. The provisions of this chapter are enacted pursuant to Article IV of the Charter of the city of Sunnyvale and the Sunnyvale general plan.

(Prior zoning code § 19.86.010; Ord. 2623-99 § 1)

§ 19.74.020 General requirements.

As a condition of approval of any multifamily, residential housing project, other than a subdivision as defined in Chapter 18.10 of this code, the owner and/or developer shall dedicate land, pay a fee, or both, at the option of the city, for park or recreational purposes according to the following standards:

Dedication of Sites. Where a park or recreational facility has been designated in the open space and recreation subelement of the general plan, and the park or facility is to be located in whole or in part within a proposed multifamily residential housing project, to serve the immediate and future needs of the residents of the rental housing project, the owner and/or developer shall be required to dedicate land for park and recreational facilities sufficient in size to serve the residents of the project. The park land to be so dedicated shall conform to locations and standards set forth in the general plan. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park or recreation purpose. The amount of land to be provided shall be determined pursuant to the standards set forth in this chapter establishing the formula for land dedication or for payment of fees in lieu thereof.

Fees In Lieu of Dedication. If there is no park or recreational facility designated or required in whole or in part within a proposed multifamily residential housing project, the owner and/or developer shall be required to pay a cash payment in lieu of the land equal to the value of the land as determined by this chapter.

A fee in lieu of land dedication hereunder shall be required when:

An applicant is developing a multifamily residential unit project on land on which no park has been designated or proposed; or

Dedication is impossible, impracticable, or undesirable, as determined by the city; or

The proposed multifamily residential housing project contains twenty or fewer units.

Dedication and Fees Required. In certain multifamily residential housing projects in excess of twenty units, a combination of land dedication and fee payment may be required. These shall be projects in which:

Only a portion of the land to be developed is proposed in the general plan as the location for a park or recreational facility, in which case that land, or a portion thereof within the project, shall be dedicated for park purposes, and a fee shall then be required in lieu of any additional land that would have been required to be dedicated under this chapter; or

A major part of the park or recreational site falling within the project has already been acquired, and only a small portion of land is needed from the applicant to complete the park or recreation site, in which case the land needed shall be required for dedication, and a fee shall then be required in lieu of the additional land that would have been required to be dedicated under this chapter.

Use of and Basis for In-Lieu Fees. The money collected pursuant to this chapter is to be used only for the purpose of providing park or recreational facilities to serve the multifamily residential housing project from which the fees are collected. Fees so collected shall be used to purchase land, buy equipment or construct improvements in neighborhood and district parks and recreational facilities serving the housing project. The fee so required shall be based on the fair market value of the land that otherwise would have been required for dedication.

(Prior zoning code § 19.86.020; Ord. 2623-99 § 1)

§ 19.74.030 Land requirement.

In accordance with the open space and recreation sub-element of the general plan, it is found and determined that the public interest, convenience, health, welfare and safety require that acres of property, as prescribed below, for each one thousand persons residing within each neighborhood planning area within the city be devoted to public park and recreational facilities. The Murphy planning area shall be divided by Fair Oaks Avenue into two sections, to be designated Murphy West and Murphy East. The table that follows prescribes the acreage requirements and their effective dates. Multifamily residential housing projects are subject to the acreage requirement in effect at the time the planning permit application is deemed complete.

Effective Date	Acres of Property Per One Thousand Persons
Until June 30, 2010	1.75 acres
July 1, 2010 - June 30, 2011	2.25 acres
July 1, 2011 - June 30, 2012	3.00 acres
July 1, 2012 - June 30, 2013	3.5 acres
July 1, 2013 - June 30, 2014	4.25 acres
July 1, 2014 and thereafter	5.00 acres

(Prior zoning code § 19.86.030; Ord. 2623-99 § 1; Ord. 2911-09 § 3; Ord. 2951-11 § 2; Ord. 2953-11 § 3)

§ 19.74.040 Density formula.

In determining dedication or in-lieu fee payment requirements under this chapter, the following table, derived from density assumptions of the general plan and prevailing household sizes, shall apply:

Dwelling Category	Dwelling Units Per Net Acre	Acreage Requirement Per Dwelling Unit Within Housing Project
Dwelling Category	Dwelling Units Per Net Acre	Until June 30, 2010	July 1, 2010 to June 30, 2011	July 1, 2011 to June 30, 2012	July 1, 2012 to June 30, 2013	July 1, 2013 to June 30, 2014	July 1, 2014 and thereafter
Low density residential	7 or fewer	0.0048125	0.0061875	0.0082500	0.009625	0.0116875	0.01375
Low-medium density residential	Over 7 to 14	0.0043750	0.0056250	0.0075000	0.00875	0.010625	0.0125
Medium density residential	Over 14 to 27	0.0031500	0.0040500	0.0054000	0.0063	0.00765	0.009
High density residential	Over 27	0.0031500	0.0040500	0.0054000	0.0063	0.00765	0.009

A deduction for the number of existing dwelling units will be allowed in calculating the land dedication or in-lieu fees required pursuant to this chapter as set forth in Section 19.74.070.

(Prior zoning code § 19.86.040; Ord. 2623-99 § 1; Ord. 2911-09 § 3; Ord. 2951-11 § 2)

§ 19.74.050 Procedure.

The planning commission shall upon approving a development permit for a multifamily residential housing project, determine the conditions necessary to comply with the requirements for park land dedication or fees in lieu thereof as set forth in this chapter, and the conditions shall be attached as conditions of permit approval.

(Prior zoning code § 19.86.050; Ord. 2623-99 § 1)

§ 19.74.060 Calculation of fair market value and payment of in-lieu fees.

Annually, on a fiscal year basis, the director of community development shall determine the fair market value for an acre of land in the city. The fair market value amount shall be included in the fee resolution adopted by the city council. The fair market value applicable to the calculation of all park in-lieu fees shall be based on the fee in effect at the time of complete building permit application submittal. The calculation of all park in-lieu fees shall be applied at building permit application submittal and payable prior to building permit issuance.

(Prior zoning code § 19.86.060; Ord. 2623-99 § 1; Ord. 2630-99 § 2; Ord. 2911-09 § 4; Ord. 2953-11 § 4)

§ 19.74.070 Calculation of requirement.

For the purposes of the formula established by this section, the following definitions shall apply:

A	—	the acreage required per dwelling unit within the proposed residential housing project for park and recreational facilities from Section 19.74.040.
B	—	the number of dwelling units in the proposed residential housing project.
C	—	the fair market value per acre of land.
D	—	the number of existing dwelling units.
F	—	the in-lieu fee required.
L	—	the land required for dedication.

The following formula shall be used in calculating land required for dedication:

A x (B-D) = L

The following formula shall be used in calculating fees to be paid in lieu of land dedication:

A x (B-D) x C = F

(Prior zoning code § 19.86.070; Ord. 2623-99 § 1; Ord. 2630-99 § 2; Ord. 2911-09 § 4)

§ 19.74.080 Exemption.

Any dwelling units designated as affordable housing are exempt from the total number of dwelling units used in the calculations in Section 19.74.070.

(Prior zoning code § 19.86.080; Ord. 2623-99 § 1; Ord. 2976-12 § 14)

§ 19.75.010 Findings and purpose.

Findings. The city council finds that:

Regional housing prices and rents have increased at a significantly higher rate than regional wages;

The lack of affordable housing in Sunnyvale forces many residents to pay a very high percentage of their income for housing and requires many of those employed in the city to commute considerable distances, adding to air pollution and traffic congestion in Sunnyvale and adjacent communities;

New housing developments do not provide enough housing affordable to lower-income households, and continued new development which does not include housing lower-income households will serve to further aggravate the current shortage of affordable housing by reducing the scarce supply of undeveloped land;

Based on a nexus analysis to evaluate the impact of new commercial, industrial, research and development, retail, hotel/motel and market-rate rental housing developments, these new developments generate an increased demand for affordable housing which must be mitigated through the imposition of housing impact fees; and

Such housing impact fees are a necessary part of the city's efforts to meet the regional housing needs of the Bay Area as required by state law.

Purpose. This chapter requires the payment of housing impact fees for certain types of development to mitigate the impact of nonresidential and residential development on the need for affordable housing in the city of Sunnyvale and to implement the housing element of the city's general plan and California Government Code Section 65583(c), which expresses the state housing policy that requires cities to assist in the development of adequate housing to meet the needs of lower-income households. Housing impact fees are placed in the city's housing mitigation fund and used to support the development of affordable housing within the city.

(Ord. 3057-15 § 2)

§ 19.75.020 General applicability.

New Construction. Projects that include new nonresidential construction or new market-rate rental housing construction shall be subject to the housing impact fees required in this chapter. Payment of the housing impact fees shall be added as a condition of approval for all development projects subject to this chapter.

Pipeline Projects. The following development projects shall be exempt from payment of the housing impact fees required in this chapter:

Projects for which a development application pursuant to this title has been filed and deemed complete by September 14, 2015.

Projects that have received final approval pursuant to this title by September 14, 2015, and which are subsequently the subject of a pending application for modifications to the approved plans or permit, except that any increase in floor area from the amount already approved shall be subject to the housing impact fees required by this chapter.

Pipeline projects not subject to the new housing impact fees must pay any applicable housing mitigation fees that were in existence at the time the application was deemed complete.

Adoption of Housing Impact Fees. Housing impact fee amounts for each applicable use are established by the fee resolution adopted by the city council, which may be amended from time to time by council. The fee amounts shall be adjusted annually based on the Consumer Price Index for all urban consumers for the San Francisco-Oakland-San Jose area unless otherwise modified by council. Such fees shall not exceed the cost of mitigating the impact of developments on the need for housing for lower-income households in the city.

Calculation and Timing of Payment. Housing impact fees shall be calculated at the time of complete building permit application submittal and shall be paid prior to issuance of the first building permit for the project. A developer may pay all or a portion of the fee owed at any time prior to issuance of the building permit, at the rate in effect at the time payment is made. For phased projects, the amount due shall be paid on a pro rata basis across the entire square footage of the approved development, and each portion shall be paid prior to the issuance of any building permit for each phase.

(Ord. 3057-15 § 2; Ord. 3079-16 § 2)

§ 19.75.030 Housing impact fees for nonresidential development.

Applicability. Housing impact fees shall be imposed on all new construction of commercial, industrial, research and development, office, retail and hotel/motel development projects, regardless of zoning designation of the project site, unless otherwise exempted under this chapter. A detailed matrix of nonresidential land uses required to pay the housing impact fee is incorporated as part of the fee resolution adopted by council.

Calculation of Fee. The amount of the fee, as further described in the fee resolution, is imposed on a per square foot basis for net new gross floor area. A reduced fee shall apply to the first twenty-five thousand square feet for commercial, industrial and research and development projects. The formula below shall be used in calculating the amount of the housing impact fee:

(Gross square feet nonresidential floor area) minus (existing square feet floor area) multiplied by (per square foot fee) equals (total housing impact fee).

Exemptions to Net New Gross Floor Area. The following areas are exempt from the net new gross floor area used in housing impact fee calculations for nonresidential developments:

Any incidental and accessory storage, structures or appurtenances, such as sheds, trash enclosures, ground-mounted equipment enclosures, garden features, trellises or shade structures;

Architectural design features not utilized for occupancy or storage;

For industrial, research and development or office uses:

Child care facilities for the care of children of on-site employees,

Freestanding amenities buildings for on-site employees with uses such as cafeterias, recreational and athletic facilities, gyms, showers and locker rooms, and

Buildings designed exclusively for the storage of hazardous materials;

Existing square feet floor area of structures that were vacated or demolished no more than twelve months prior to the filing date of the development application.

Alternative to Payment. As an alternative to payment of the housing impact fee, a developer may request to mitigate the housing impacts through construction of affordable residential units on an appropriate housing site, the dedication of land for affordable housing or the provision of other resources to provide affordable housing. The city council may approve this request if the proposed alternative furthers affordable housing opportunities in the city equal to the payment of the housing mitigation fee.

(Ord. 3057-15 § 2)

§ 19.75.040 Housing impact fees for rental housing.

Applicability. A housing impact fee shall be imposed for new market-rate rental housing developments in the city of four units or more, unless the applicant elects to provide one of the alternatives listed in subsection (d). For purposes of this chapter, new market-rate housing developments shall include developments that have recorded a condominium map but the developer intends to initially rent the units. In the event the developer has paid the fees and later sells the units within fifty-five years of the fee payment, developer shall receive credit for the housing impact fees paid against the BMR ownership obligations in Chapter 19.67, as further described in the BMR Developer Guidelines.

Calculation of Fee. Developments of eight units or more shall pay the full fee established by council resolution. Developments consisting of four to seven units shall pay fifty percent of the fee established by council resolution. The formula below shall be used in calculating the required housing impact fee for new market-rate rental housing developments:

(New habitable square foot area of all market-rate units) minus (existing habitable square foot area of all units) multiplied by (per square foot fee) equals (total housing impact fee).

Habitable Square Foot Area. Habitable square foot area means the total interior living area of each dwelling unit within a project, and does not include areas outside of the dwelling units such as common areas, corridors, parking facilities, outside storage lockers and shared laundry facilities.

Alternatives In Lieu of Housing Impact Fee. As an alternative to paying the housing impact fee for rental housing developments, an applicant may request to provide affordable units on-site, dedicate land for affordable housing or provide affordable units off-site, as detailed in this section.

On-Site Units. An applicant may request to provide a certain number of the rental units in the residential project at rents affordable to very-low income households or low income households, or a combination of both very-low income and low income units. The number of affordable rental units shall provide equivalent mitigation of the project's impact on the need for affordable housing as set forth in the fee resolution. The request to provide on-site units may be granted by the director.

Off-Site Units or Dedication of Land. As an additional alternative, the applicant may request to designate affordable units in an off-site location or to dedicate land for the construction of affordable units. The city priority shall be for a location that is accessible to public transit. Any off-site units shall be either new or renovated to near-new conditions. Such requests shall be granted in the sole discretion of the city council if the city council determines that the proposed alternative will mitigate the impact of the project on the need for affordable housing.

In calculating the number of required affordable rental units either on-site or off-site, any fraction of a whole unit shall be satisfied by either developing one additional affordable unit or by paying the remaining fee amount as further described in the fee resolution.

All affordable units developed either on-site or off-site must remain affordable for a minimum period of fifty-five years.

"Hosted short-term rental"

To ensure compliance with the Costa-Hawkins Rental Housing Act and city requirements, the applicant must enter into an affordable housing developer agreement with the city to be recorded against the property prior to recordation of a final or parcel map or issuance of any building permit, acknowledging that the affordable units or land dedication are provided in consideration for a direct financial contribution from the city in the form of a waiver of the housing impact fee. The affordable units shall be administered in accordance with Chapter 19.69 and the Affordable Housing Developer Guidelines.

(Ord. 3057-15 § 2)

§ 19.75.050 Waiver.

Notwithstanding any other provision of this chapter, the requirement to pay the housing impact fee may be waived, adjusted or reduced by the city council if an applicant shows, based on substantial evidence, that there is no reasonable relationship between the impact of the proposed development and the requirement to pay the housing impact fee, or that applying the requirements of this chapter would take property in violation of the United States Constitution or California Constitution or would result in any other unconstitutional result.

(Ord. 3057-15 § 2)

§ 19.75.060 Enforcement.

The provisions of this chapter shall apply to all agents, successors and assigns of an applicant proposing or constructing a development governed by this chapter. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to, actions to revoke, deny or suspend any permit, including a development approval, building permit or certificate of occupancy. The city shall be entitled to costs and expenses for enforcement of the provisions of this chapter, or any agreement pursuant thereto, as awarded by the court, including reasonable attorneys' fees.

(Ord. 3057-15 § 2)

§ 19.75.070 Severability.

(Ord. 3057-15 § 2)

§ 19.76.010 Purpose and intent.

The purpose of this chapter is to establish regulations governing the short-term rental of residential property within the city of Sunnyvale. The establishment of these regulations will help maintain adequate housing stock for permanent residents while ensuring that short-term rental activities do not become a nuisance or threaten the public health, safety, or welfare due to excessive noise, disorderly conduct, overcrowding, traffic congestion, illegal parking, the accumulation of refuse, and other effects related to short-term rentals.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.020 Definitions.

For purposes of this chapter, the following definitions apply:

"Host"

means the person who is responsible for conducting the short-term rental activity and who is identified as the host in the application for approval submitted pursuant to this chapter.

means to provide transient lodging in a dwelling unit, for compensation, for a period of thirty consecutive calendar days or less, while the host resides on site throughout the lodger's stay. "Hosted short-term rentals" do not include transient lodging in city-approved hotels and motels.

"Hosting platform"

means a marketplace in whatever form or format which facilitates short term rentals through advertising, match-making or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.

"Short-term rental"

means to provide transient lodging in a dwelling unit, for compensation, for a period of thirty consecutive calendar days or less. "Short-term rental" does not include transient lodging in city-approved hotels and motels.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.030 Short-term rentals prohibited.

The short-term rental of residential property is a prohibited use in every zoning district in the city, with the exception of approved hosted rentals permitted pursuant to this chapter.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.040 Hosted short-term rentals-General requirements.

Hosted short-term rentals are allowed in any zoning district where residential uses are permitted subject to the following requirements:

The short-term rental activity must be approved by the director pursuant to Section 19.76.050.

A maximum of four overnight lodgers are allowed per night in any single-family dwelling or any single dwelling unit in a multi-family dwelling. The limit of four overnight lodgers does not include minor children who are accompanied by an adult.

Rental to unaccompanied minors under the age of eighteen is prohibited.

The host shall reside on site throughout the lodgers' stay. To reside on site means that the property being used for short-term rentals is the host's primary residence and the host uses the property for purposes of eating, sleeping, and other activities of daily living during the time periods that lodgers are present. Lodgers may stay in an accessory dwelling unit if the host resides in the primary dwelling. Lodgers may also stay in one dwelling unit of a two-family dwelling if the host resides in the other dwelling unit.

Accessory dwelling units approved on or after January 1, 2020 shall not be used for short-term rentals. An accessory dwelling unit that was approved prior to January 1, 2020 may be used as a short term rental if the host resides on the lot that contains the accessory dwelling unit. Any dwelling unit built pursuant to Chapter 19.78 shall not be used for short-term rentals.

The host shall comply with all permit conditions and applicable local, state, and federal laws, including, but not limited to, health, safety, fire, and building codes.

The host must provide all lodgers with facilities for sleeping, bathing, and toileting inside of a permanent dwelling that is suitable for human occupancy. Rental of sleeping space in or on balconies, porches, tents, sheds, vehicles or outdoor areas is prohibited.

The host shall obtain a business license, if required by Chapter 5.04 of this code.

The host shall collect and remit transient occupancy tax, in coordination with any hosting platform if utilized, pursuant to Chapter 3.16 of this code.

The host is responsible for ensuring the property does not become a nuisance due to the short-term rental activity.

The host shall not advertise or cause to be advertised any short-term rental that does not comply with all provisions of this chapter.

The host shall provide its individual approval number issued pursuant to Section 19.76.050 on any and all advertisements of short-term rentals.

(Ord. 3059-15 § 1; Ord. 3154-20 § 8; Ord. 3192-22 § 1)

§ 19.76.050 Hosted short-term rentals-Approval required.

No person shall undertake, maintain, authorize, aid, facilitate or advertise any hosted or short-term rental activity that does not comply with the provisions of this code.

The application for approval of short-term rental shall include the following:

Name, address and contact information of the host.

Name, address and contact information of the owner of the property where the short-term rental activity will occur. In the event that the applicant is not the legal owner of the property, the application shall be signed by the property owner consenting to the use of the property for short-term rentals.

If the property is part of a common interest development, the application shall include a letter of authorization from the homeowner's association indicating that use of the property for short-term rentals meets the property's requirements.

Any additional information or supporting materials to describe existing property conditions and the proposed operations as required by the director.

The director shall not approve the short-term rental application unless he or she finds that the use will comply with the requirements of this code and other applicable law. The decision of the director shall be final.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.060 Hosted short-term rentals-Hosting platform requirements.

Hosting platforms shall provide the following information to any user listing a short-term rental located within the city through the hosting platform's service:

Information regarding transient occupancy tax obligations;

All requirements of this chapter regulating short term rentals.

Hosting Platforms shall take immediate action to notify the host upon notification by the city of a violation of this chapter.

Hosting platforms shall take immediate action to deactivate an advertisement upon notification by the city of a revocation of approval pursuant to Section 19.76.070.

Hosting platforms shall keep and maintain records of all short-term rentals and transactions taking place in the city for no less than five years which shall be promptly made available to the city pursuant to a lawful request.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.070 Revocation of approval.

The approval of short-term rental may be revoked or modified by the director as follows:

Notice and Hearing. Notice shall be mailed to the host at the address specified in the approval application. The notice shall specify the reasons for the revocation and shall designate a time and place of an administrative hearing with the director of community development no sooner than the sixth business day following the mailing date of the notice. The host shall be given the opportunity to present written and oral evidence at the hearing. Failure to appear at the hearing shall constitute a waiver of any objections to the proposed revocation.

Revocation. Following the hearing, the director may revoke the approval if the director makes one or more of the following findings:

The approval was obtained by fraud;

The short-term rental activity has been or is being conducted in violation of any provision of this code or other applicable law;

The conditions of approval have been or are being violated;

The short-term rental activity constitutes a public nuisance.

Notice of decision. A written notice of the director's decision shall be prepared and mailed to the host at the address specified in the application for approval. If the approval is revoked, the notice shall contain a statement directing the host to immediately cease using the property for short-term rental, and that failure to cease such use may be subject to further legal action or enforcement.

Appeal. The decision of the director is final. The decision may be appealed to the Superior Court.

A short-term rental in operation without approval is not subject to this section.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.080 Fees.

The city council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter.

(Ord. 3192-22 § 1; Ord. 3059-15 § 1)

§ 19.76.090 Violations a public nuisance-Penalties, nuisance abatement, and other remedies.

Any short-term rental operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance which the city attorney may seek to abate, remove, and enjoin in any manner provided by law. Such remedies shall be in addition to any other remedies available to the city under this code or under state law.

(Ord. 3192-22 § 1; Ord. 3059-15 § 1)

§ 19.77.010 Purpose.

Findings. The city council finds that:

A shortage of affordable housing is detrimental to the public health, safety and welfare in the city of Sunnyvale;

Persons with low incomes who work or live in the city are experiencing a shortage of affordable housing opportunities and those with very low incomes are increasingly excluded from living in the city;

Federal and state housing subsidy programs are not sufficient by themselves to satisfy the housing needs of low income households;

Continued new development without housing at prices affordable to these persons will worsen the shortage of affordable housing; and

It is the city's goal and a public policy of the state of California to ensure there is adequate supply of housing for persons of all economic segments of the community.

Purpose. This chapter establishes requirements for affordable housing in new rental housing developments for projects with applications that are first complete after November 8, 2019. This chapter does not supersede Chapter 19.67 or 19.69, which shall continue to apply to all ownership housing developments and rental housing developments with applications that were first complete on or prior to November 8, 2019, respectively.

The city council desires to provide affordable housing opportunities in the community through an affordable housing program for rental housing, and, in furtherance of that goal, includes rental affordable housing requirements in this chapter consistent with Government Code Sections 65850(g) and 65850.01. These requirements assure that the city's affordable housing stock increases in proportion to the overall increase in new housing; to achieve the housing objectives contained in state law and in the general plan; and to enhance public welfare.

The city council also desires to provide the rental housing developer community with alternatives to construction of the affordable rental units on the same site as the market rate units. Therefore, this chapter includes options from which a developer may select an alternative to the construction of affordable rental units on the same site as the market rate units.

(Ord. 3147-19 § 1)

§ 19.77.020 Definitions.

When used in this chapter, these terms mean the following:

"Affordable rental units"

"BMR compliance plan"

means a plan on the application form, and containing all of the information required by, the community development department to specify the manner in which affordable rental units will be provided.

"Affordable rent"

means the maximum monthly rent, including an allowance for tenant paid utilities, that is calculated at the specified income level in accordance with the community development director's determination and published in the BMR Rental Housing Guidelines as described in Section 19.77.070.

means dwelling units developed to be rented and affordable to low to very low income households and regulated by this chapter. "Affordable housing unit" means one affordable housing dwelling unit.

BMR rental housing guidelines.

means, for the purposes of establishing affordable rents, a household with a total number of members equal to the number of bedrooms in the below market rate unit, plus one. For example, the assumed household size for a three-bedroom home is a four-person household.

The community development director shall maintain detailed procedures and guidelines which may be amended from time to time to ensure the orderly and efficient administration of the requirements of this chapter. These procedures and guidelines are incorporated into this chapter as the BMR Rental Housing Guidelines.

means the body that is authorized to approve or deny a project application for land use approvals.

means rental units approved in a residential development pursuant to California Government Code Section 65915 et seq., and Section 19.18.025 that are in excess of the maximum allowable residential density otherwise permitted by the City of Sunnyvale.

"Household"

means all those persons, related or unrelated, who occupy a single housing unit.

"Inclusionary units"

shall mean affordable rental units as defined in this section.

means a dwelling unit that is not subject to the occupancy or rental regulations in this chapter or any other affordability restrictions or covenants.

"Monthly rent"

means the monthly payment by tenants for a rental unit.

"Multi-family dwelling"

means three or more separate dwelling units such as apartments, townhouses, condominiums or other community housing projects used for occupancy by households living independently of one another.

means one or more applications filed for city approval of a residential development. "Project" includes a development across adjacent lots or a multi-phased development, on the same or adjacent lots. "Project" also includes developments on adjacent lots for which applications are filed by the same owner or applicant within a period of ten years.

"Rental unit"

means a residential unit that is not ownership housing.

"Special housing needs"

means housing needs serving those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter.

means a household whose income does not exceed the very low income limits applicable to Santa Clara County as defined in California Health and Safety Code Section 50105 and published annually by the California Department of Housing and Community Development in California Code of Regulations Title 25, Section 6932 (or its successor provision).

(Ord. 3147-19 § 1)

§ 19.77.030 Applicability.

New Multi-Family Dwelling Projects with Three or More Units. This chapter applies to any project that would construct three or more rental units with an application that is complete after November 8, 2019, unless an exemption defined in Section 19.77.040 applies.

Projects with applications that are complete on or before November 8, 2019, are subject to Chapter 19.75. Projects subject to this chapter are not subject to Chapter 19.75.

(Ord. 3147-19 § 1)

§ 19.77.040 Exemptions.

The following categories of rental housing shall be exempt from this chapter:

Rental housing projects of fewer than three units.

Multifamily dwelling rental projects that have received planning approval and those with planning applications deemed complete by the planning division by November 8, 2019.

Affordable housing projects in which 100% of the rental units to be built will be subject to a recorded restriction limiting occupancy to very low income or low income households at affordable rents.

Notwithstanding the inclusionary percentages required by Table 19.77.070.A, rental housing that meets all of the following criteria shall be subject to the inclusionary percentages identified in subsection (c) of this section:

The site has a General Plan land use designation of Village Mixed Use;

The site is not identified in the Housing Element as available for lower income housing;

The site is located north of El Camino Real;

The site is located entirely within a Village Center, and that Village Center is no more than 6.0 acres in size; and

The project has a minimum residential density of 13 dwelling units per acre (for the entire project site).

Floor Area Ratio of Commercial/Retail Uses	BMR Requirement
Over 5% to 10% FAR	5% affordable to low income; and
Over 5% to 10% FAR	2.5% affordable to very low income
Over 10% FAR	No requirement

(Ord. 3147-19 § 1; Ord. 3239-25, 3/25/2025)

§ 19.77.050 Base inclusionary requirement.

Inclusionary Requirement. At least 15% of the total number of rental units in a project shall be developed as affordable rental units, unless the decision-making body allows the affordable rental housing requirement to be satisfied through alternatives under Section 19.77.100 of this chapter. In calculating the number of affordable rental units required, any fraction of a whole number shall be rounded pursuant to Section 19.77.070 and the number of affordable rental units required by this section shall be based on the number of rental units in the project, excluding any density bonus units.

Affordability requirements for inclusionary units are listed in Section 19.77.070 of this chapter.

Application. An applicant for a project consisting of three or more rental units must submit an BMR Compliance Plan concurrently with the application for the first approval of the project. If an BMR Compliance Plan is required, no application may be deemed complete until a complete BMR Compliance Plan is submitted.

Any BMR Compliance Plan shall be processed concurrently with all other permits required for the project. Before approving the BMR Compliance Plan, the decision-making body shall find that the BMR Compliance Plan conforms to this section. The approved BMR Compliance Plan may be amended before issuance of a building permit for the development project. A request for a minor modification of an approved BMR Compliance Plan may be granted by the community development director if the modification is substantially in compliance with the original BMR Compliance Plan and conditions of approval. Other modifications to the BMR Compliance Plan shall be processed in the same manner as the original plan.

(Ord. 3147-19 § 1)

§ 19.77.060 Density bonus.

The city, upon request, shall approve an increase in the number of units permitted in a proposed residential development governed by the chapter, when such an increase in density is consistent with State Density Bonus Law per Sections 65915 through 65918 of the California Government Code and Section 19.18.025 of the Sunnyvale Municipal Code. The dwelling units or parcels designated to meet the city's inclusionary housing requirement may count toward qualifying the proposed development for a density bonus if the residential development meets all of the applicable requirements to qualify for a density bonus under Government Code Section 65915 and Section 19.18.025 of the Sunnyvale Municipal Code.

(Ord. 3147-19 § 1)

§ 19.77.070 Required affordability.

At least ten percent of total project rental units shall be affordable to low-income households at an affordable rent. At least five percent of total project rental units shall be affordable to very low-income households at an affordable rent.

The community development director shall establish and publish annually the maximum rent amount for each unit size in the BMR Rental Housing Guidelines. The director may adjust the applicable initial affordable rent calculation within a range to address major shifts in prevailing market rate rents for comparable dwellings or other related economic conditions affecting the demand for affordable rental housing.

Table 19.77.070.A Required Affordability Levels
Income Level	Percentage of Project Units Required to be Affordable
Very Low Income	5%
Low Income	10%

The application of the minimum distributions will be as set forth in the following table:

Table 19.77.070.B Total Number of Affordable Units to be Built
	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15
Very Low Income Units	-	1	1	1	1	2	2	2	3	3	3	4	4	4	5
Low Income Units	1	1	2	3	4	4	5	6	6	7	8	8	9	10	10

Variations of affordability levels to satisfy the affordable rental unit requirement, relating only to projects using State Density Bonus Law, shall be subject to approval by the community development director.

Fractional Unit Requirements. In calculating the number of affordable units required, any fraction of a whole number shall be rounded up or down to the nearest whole number as shown in this section.

Fractions of 0.00 to 0.49 shall be rounded down, but no less than one affordable rental unit per project shall be required unless an alternative compliance option is satisfied as set forth in Section 19.77.100; while inclusionary fractions of 0.50 to 0.99 shall round up to the nearest whole unit. Rounding of fractions shall occur for each income category, as opposed to the inclusionary requirement as a whole.

Example: a fifty-unit development has an inclusionary requirement of fifteen percent. ten percent low income units yields five units, and five percent very low income yields two and one-half units. Final inclusionary requirement would be five low income unit and three very low income units.

Table 19.77.090.C Sample Breakdowns With Rounded Number of Affordable Units
Project Unit Total	10	20	30	40	50
Very Low Income – 5% (rounded)	1	1	2	2	3
Low Income – 10% (rounded)	1	2	3	4	5

(Ord. 3147-19 § 1)

§ 19.77.080 Affordable housing unit development standards.

Affordable units are subject to the following development standards:

Location. Affordable units shall be distributed evenly throughout the project. The community development director may waive distribution requirement if:

Significant physical site constraints prevent even distribution; or

Granting the waiver would result in improved site or building design, or a more favorable location of the affordable units than would otherwise be provided; or

A portion of the land is being carved out to allow for structuring of a tax credit project that would provide greater affordability or services.

Bedroom Count and Unit Size. Affordable units shall be a pro-rata share by plan type. Average bedroom count shall be the same as the average bedroom count in the market rate units in the project. Deviations from this requirement are subject to the community development directors' decision.

Interior. Interiors finishes and amenities shall be consistent with those of the market rate units in the project and shall incorporate principles and specifications of universal design. Affordable rental units shall be renovated on a similar schedule as market rate units.

Timing of Construction. Affordable units shall be constructed in proportion to construction of the market rate units, unless otherwise approved by the community development director.

Parking. Parking for projects shall meet parking requirements as set forth in the city's municipal code and/or State Density Bonus Law.

(Ord. 3147-19 § 1)

§ 19.77.090 Affordability term.

Prior to the issuance of any building permit for the project, an Affordable Housing Regulatory Agreement shall be recorded against the parcel(s) which sets rent and occupancy restrictions for fifty-five years and shall run with the land through any change of ownership, or if the project is a phased project, an affordable housing developer agreement may be recorded against the parcel prior to issuance of any building permit with an affordable housing regulatory agreement recorded prior to issuance of a certificate of occupancy.

(Ord. 3147-19 § 1)

§ 19.77.100 Alternative compliance options.

City Council Approval. The applicant may satisfy the affordable rental housing requirement of a project using one or more of the alternatives in this section, subject to recommendation by the housing and human services commission and final approval by the city council, except that the payment of an in lieu fee for small projects as set forth in subsection (b)(1) is at the discretion of the applicant and does not require the approval of the city council. The applicant shall identify the required affordable housing units in the BMR Compliance Plan submitted with the project application materials regardless of a request to use an alternative to meet the affordable rental housing requirement. An BMR Compliance Plan requesting an alternative compliance option may only be considered once a project has received all other planning entitlements.

Payment of In-Lieu Fee. The applicant may pay an in-lieu fee, as follows:

Rental housing projects with three to six housing units ("small project"): At the applicant's option, rental housing projects with between three and six rental units may choose to fulfill some or all of their inclusionary rental housing obligation by paying the applicable small rental housing in-lieu fee. Council approval is not required for payment of an in-lieu fee for small projects

Rental housing projects with seven or more rental units ("large project"): At the discretion of the city council, applicants of rental housing projects with seven or more rental units may request to fulfill some or all of their inclusionary rental housing obligation by paying the applicable large rental housing in-lieu fee.

Amount of In-Lieu Fee. The amount of the in-lieu fee shall be equal to the affordable rental housing in-lieu fee based on the size of the rental development as published by the city on an annual basis. All fees are due prior to issuance of any building permit.

In-lieu fee funds will be deposited in the city's housing mitigation fund.

Partnership. The applicant may satisfy the inclusionary requirement established under Section 19.77.070 through a partnership with another developer providing affordable housing units in another project, if the following requirements are met:

Financial Contributions. The applicant's financial contributions to the partnership shall be at least equal to the amount of the in-lieu fee that would otherwise be due from the project and shall be held in trust by the city until needed by the partner to develop the affordable housing units. The proposed project with the Partner shall not have received other city financial contributions (such as land lease, housing mitigation fund or low/mod impact fund loan);

Site Acquired. The applicant or the partner has control of or the right to build on the site where the affordable housing units will be developed;

Affordable Housing Development Application. The affordable housing development application has been approved or at least deemed complete at the time the project required to provide affordable housing is approved;

Funding Acquired. The partner has obtained legal commitments for all necessary financing, or the city has approved the financing plan for the affordable housing development;

Construction in Two Years. The affordable housing units can be constructed and occupied within two years of completion of the applicant's project, unless the community development director approves an extension not to exceed an additional two years. If the development is not completed within this time period, the city may transfer the applicant's financial contributions to the below market rate housing mitigation fund; and

Average Number of Bedrooms Per Unit. The average number of bedrooms per unit of the affordable housing units in the other project is comparable to the average number of bedrooms per unit in the project required to provide affordable rental housing. This requirement may be modified if the affordable housing units in the other project is designed to serve those with special housing needs which would not require an equivalent number of bedrooms per unit.

Unit Conversion or Preservation Program. The applicant may convert an existing market rate unit into deed-restricted affordable housing or preserve an expiring affordable housing development through the city's unit conversion or preservation program, in compliance with Government Code Section 65583.1, as follows:

Affordability. Rental units shall be made affordable to low and very low income households;

For every required affordable rental unit, at least two rental units shall be converted or preserved, as approved by the decision-making body. Approval shall be based on a finding that the benefit of the number of affordable rental units preserved has a greater benefit than providing the units within the original project;

Declaration of Restrictions. Dwellings converted into affordable rental housing shall be secured by recording a declaration of restrictions to bind the units to the requirements of Section 19.77.070;

Timing of Completion. Dwellings shall be converted or rehabilitated and available for occupancy before or at the same time the project required to provide affordable rental housing is available for occupancy, unless a modified schedule is approved by the community development director;

Displacement. The conversion or preservation shall not displace any tenants, regardless of income level, through the following measures:

First Right of Return. The developer of a new development or rehabilitation project that would displace existing tenants shall provide each tenant the following rights:

The ability to return to a unit at the same level of affordability (measured in monthly rent) as the prior unit.

The ability to return to a unit of comparable size with the same or greater number of bedrooms.

Relocation Plan. Prior to project approval, conversion or preservation projects that would add, demolish, and/or rehabilitate rental units shall prepare, subject to approval by the community development director, a relocation plan that accounts for all tenants displaced by new construction or rehabilitation. The relocation plan shall ensure tenants are provided housing from the moment they are displaced until they are relocated into a replacement unit. The relocation plan must meet the following criteria:

Provide temporary housing within Sunnyvale or within 10 miles of the prior home.

Must not pay more in rent than paying in the prior home.

All costs of relocation must be paid for by the project sponsor.

Moving process between units must occur quickly and efficiently and to minimize the inconvenience of the tenant.

Replacement housing must be completed within one and one-half years to minimize impacts to tenants.

Other methods of mitigating affordable housing may be approved at the sole discretion of city council.

(Ord. 3147-19 § 1)

§ 19.77.110 Annual report.

The community development director shall provide an annual informational report to the city council on the status of affordable rental units developed under this chapter. The report shall include the number, size, type, tenure, and general location of each affordable rental unit completed during the year.

(Ord. 3147-19 § 1)

§ 19.77.120 Enforcement.

In addition to the provisions in Section 19.98.140 (Violations), the following provisions also apply to the enforcement of this chapter:

Agents, Successors and Assigns. The provisions of this chapter apply to all agents, successors and assigns of the applicant.

Penalties and Fines. Any person, firm, or corporation, whether as principal or agent, violating or causing the violation of this chapter is guilty of a misdemeanor. Each offense shall be punishable by a fine in the amount established in the city fee schedule, or by imprisonment in the Santa Clara County jail for a term up to six months, or both. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is commenced, continued, or permitted by such person, firm, or corporation, and may be punishable as provided in this section.

Civil Action. Any tenant who rented an affordable rental unit for rents in excess of those allowed by this chapter, and who has given written notice to the community development director, may file a civil action to recover the excess costs, whether rental of such affordable rental unit was prohibited by this chapter or expressly permitted in writing by the director as an exception or alternative to the standard affordable housing requirement. The tenant shall have met the income eligibility requirements of this chapter, as applicable, during the period of time for which the individual seeks reimbursement of the excess costs.

Fines. If it is determined that unauthorized or excess rents have been charged to a tenant or subtenant of an affordable rental unit of any kind subject to the restrictions of this chapter, the property owner and/or landlord shall be subject to a civil penalty. The civil penalty amount shall be as set forth in Chapter 1.04 or 1.05, as amended from time to time, and any excess rent proceeds not recovered by a tenant under subsection (c) of this section. If the city does not otherwise recover its reasonable attorney fees and other legal costs from the landlord, the city shall deduct these costs from the amounts collected under this section and deposit the balance into the below market rate housing mitigation fund.

(Ord. 3147-19 § 1)

§ 19.77.130 Appeals.

Any person aggrieved by a decision pursuant to this chapter may appeal the decision following the procedures in Section 19.98.070 (Appeals and calls for review).

(Ord. 3147-19 § 1)

§ 19.77.140 Severability.

(Ord. 3147-19 § 1)

§ 19.77.150 Waiver.

Notwithstanding any other provision of this chapter, the requirements of this chapter may be waived, adjusted, or reduced by the decision-making body based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. The waiver, adjustment or reduction may be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section. If a reduction, adjustment, or waiver is granted, any change in the residential development shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver pursuant to this section.

Any request for a waiver, adjustment, or reduction under this section shall be submitted to the city concurrently with the BMR Compliance Plan. The request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim. The request for a waiver, adjustment, or reduction shall be reviewed and considered in the same manner and at the same time as the BMR Compliance Plan. In making a determination on an application for waiver, adjustment, or reduction, the applicant shall bear the burden of presenting substantial evidence to support the claim. The city may assume each of the following when applicable:

That the applicant will provide the most economical affordable units feasible, meeting the requirements of this chapter; and

That the applicant will benefit from the incentives for the project as described in this chapter and elsewhere in the City Code.

(Ord. 3147-19 § 1)

§ 19.78.010 Purpose and intent.

It is the purpose of this chapter to implement Section 65852.21 of the Government Code pertaining to the development of dual residential units on single-family lots.

(Ord. 3189-22 § 1)

§ 19.78.020 Applicability.

The development of dual urban opportunity (DUO) housing is allowed only on lots meeting all of the following criteria.

The lot is located in R-0, R-1, R-1.5, R-1.7/PD, or R-2 zoning districts, or residential DSP zoning districts.

The lot does not contain more than one existing dwelling unit, with or without accessory dwelling units.

The lot is not located within a designated heritage resource, heritage resource district, local landmark or local landmark district, or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed pursuant to Chapter 19.96 of this code.

The lot is not a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(Ord. 3189-22 § 1)

§ 19.78.030 Impact on existing dwelling units.

The development of DUO housing is not allowed if the development would:

Demolish or alter any existing dwelling unit on the lot that has been occupied by a tenant in the last three years prior to the date of application; or

Demolish any existing dwelling unit that is subject to affordability restrictions under a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Except as provided in (a) above, an existing dwelling unit may be demolished or altered for purposes of developing DUO housing on the lot.

For purposes of this section, "alter" means physically changing the number or arrangement of rooms or the supporting members of a building or structure, or changing the relative position of buildings or structures on a site. "Alter" does not include reconstruction, replacement, or renewal of any part of an existing building or structure for the purpose of maintenance, to repair damage, or to keep the premises in a good, safe, healthy and sanitary condition.

(Ord. 3189-22 § 1)

§ 19.78.040 Development requirements.

The following requirements apply to the development of DUO housing.

Lot splits. If the applicant proposes development of lots created through an urban lot split, the following requirements apply to each of the newly created parcels:

Each lot must be at least one thousand two hundred square feet in size and at least forty percent of the lot area of the original parcel.

Each parcel must adjoin the public right-of-way or have access to the right-of-way. The access must not be less than ten feet wide at any point.

Exclusive of any access to the right-of-way as required in this section, each parcel has a width or depth measurement of at least forty feet.

All other requirements of Chapter 18.26 of this code shall be met.

Number of units.

On lots created through an urban lot split pursuant to Chapter 18.26 of this code, a maximum of two dwelling units are allowed on each lot, inclusive of any accessory dwelling units.

On a lot that was not created through an urban lot split, the lot may contain a maximum of two DUO dwelling units plus a maximum of two accessory dwelling units approved under Chapter 19.79, for a maximum of four dwelling units on the lot.

Maximum Floor Area.

The maximum allowed floor area ratio for a lot developed under these regulations is forty-five percent or three thousand six hundred square feet, whichever is less.

If at least three of the following findings are met, the maximum allowed floor area ratio for a lot developed under these regulations may be increased to fifty percent or four thousand square feet, whichever is less.

The site is adjacent to a parcel zoned for a higher density residential land use or is zoned for mixed-use, commercial, or industrial development.

The project proposes setbacks that are equivalent, or exceed, all of the following:

The second story side setback of any structure must be a minimum of seven feet.

The first story rear setback of any structure must be a minimum of ten feet.

No second story structures are proposed within twenty feet of the rear property line.

The lot is adjacent to a development that exceeds forty-five percent floor area ratio.

The DUO units are attached.

(F)

The project proposes parking that meets, or exceeds, the minimum requirements in Chapter 19.46.

Setbacks.

Minimum four-foot side and rear-yard setbacks are required; however, setbacks of less than four feet are allowed for an existing permitted structure or for a DUO unit that is constructed in the same location and to the same dimensions as an existing permitted structure.

In any two-story residential development, the front yard setback for the second story shall be not less than twenty-five feet.

The development must comply with all other applicable setback requirements in Chapter 19.34.

Building Standards. All applicable requirements of Title 16 (Buildings and Construction) shall be satisfied.

Building Separation. Dwelling units may be adjacent or connected provided that the structures meet building code safety standards, including standards sufficient to allow separate conveyance.

Entrances. Each dwelling unit shall have independent exterior access. Interior connections are permitted between a DUO unit and an accessory dwelling unit, but not between two DUO units.

Utility Connections. Each DUO unit shall have a separate utility connection and separate electrical panel.

Parking.

One covered off-street parking space is required for each DUO dwelling unit unless exempt as provided in this section.

If off-street parking is required or proposed, all parking spaces (covered and uncovered) must meet the minimum requirements of Section 19.46.050.

Exemption. Off-street parking spaces are not required if the parcel is either:

Less than one-half mile walking distance from either a high-quality transit corridor as defined in Public Resources Code 21155(b) or a major transit stop as defined in Public Resources Code 21064.3; or

Less than one block from a car share vehicle.

Front Yard Paving. No more than fifty percent of the required front yard shall be paved with asphalt, concrete cement, or any other impervious surface.

Other Requirements. All other applicable objective zoning requirements in Title 19 shall be satisfied, including, but not limited to, lot coverage, required rear yard maximum lot coverage, floor area ratio, open space, vision triangles, and design review, as long as those requirements permit construction of at least one DUO unit on the lot that is at least eight hundred square feet gross floor area in size, with at least four-foot side and rear setbacks, and which complies with all other applicable development standards.

(Ord. 3189-22 § 1)

§ 19.78.050 Design standards.

The following objective design standards shall be applied ministerially.

Architectural Style.

All residential structures on the lot must have the same architectural style and must comply with any adopted design guidelines applicable to the site.

Front wall façades longer than thirty feet shall provide a three-foot change in plane every thirty feet.

At least one of the entrances, excluding garages, to a DUO unit shall be visible from a public street adjoining the lot.

Second to first floor ratio shall not exceed thirty-five percent.

Roof pitches of both DUO units on a single lot must be no more than 4:12 in slope or, if a new DUO unit is added to a lot with an existing residential structure, the roof line of the new structure must be the same slope as the existing structure.

Balconies and decks that are more than two feet above grade must maintain a distance of at least ten feet from side property lines and twenty feet from rear property lines when adjacent to residential properties.

Height and Massing.

The maximum height for the rear twenty feet of a property is seventeen feet.

The maximum plate height is nine feet on the first floor and eight feet on the second floor.

A crawl space must not exceed two feet in height unless additional height is required by the chief building official.

Basements may not project more than two feet above finished grade.

Frontage.

The front setback must contain a landscaped area that has at least fifty percent landscaping.

If a garage is proposed for a project, the width of the garage shall not exceed fifty percent of the building frontage.

One fifteen-gallon or larger tree is required to be planted in the front yard of each lot.

No more than one driveway is permitted per DUO unit.

Privacy. Second-floor windows of a residential building facing a side property line must be high sill and opaque, with the bottom sill at least five feet from the finished floor height of the second floor, unless no other location is available for required egress as determined by the building official.

(Ord. 3189-22 § 1)

§ 19.78.060 Rental and sale of units.

Prior to issuance of a building permit, the applicant shall provide evidence that the owner has recorded a covenant on the title of the lot which provides that the dwelling units on the lot shall not be used as short-term rentals.

DUO units on a single lot may be separately leased, but legal title to the DUO units shall not be sold or conveyed separately unless the project is developed as, or converted to, a common interest development.

Accessory dwelling units on the lot shall not be sold or conveyed separately from a DUO unit except as permitted by Government Code Section 65852.26.

(Ord. 3189-22 § 1)

§ 19.78.070 Permit requirements.

A miscellaneous plan permit is required for dual urban opportunity dwelling units allowed under this chapter.

The director shall ministerially approve a miscellaneous plan permit for dual urban opportunity dwelling units that meet the objective development and design requirements.

An application that meets all objective development and design requirements may be denied if the building official makes a written finding that the project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. 3189-22 § 1)

§ 19.78.080 Sunset clause.

This Chapter 19.78 shall become inoperative on the date that Government Code Section 65852.21 is repealed by legislative action, voter initiative or referendum.

(Ord. 3189-22 § 1)

§ 19.79.010 Purpose.

The city council finds that the city is experiencing a severe shortage of housing, especially affordable housing, and that facilitating the development of accessory dwelling units will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students and others in the community. Because accessory dwelling units are an essential component of the city's housing supply, an accessory dwelling unit that conforms to all applicable requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and is deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.

(Ord. 3240-25, 4/8/2025)

§ 19.79.020 Applicability.

The regulations contained in this chapter shall apply to lots in residential or residential mixed-use zones containing an existing or proposed single-family dwelling or multifamily dwelling structure and lots with a legal nonconforming single-family dwelling or multifamily dwelling structure.

For purposes of this chapter, an attached two-family dwelling, such as a duplex, shall be treated as a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot shall be considered single-family dwellings.

(Ord. 3240-25, 4/8/2025)

§ 19.79.030 Streamlined and non-streamlined accessory dwelling units.

Streamlined Accessory Dwelling Units. No discretionary planning permit is required for an accessory dwelling unit that meets the requirements of a streamlined accessory dwelling unit as defined in this subsection (a). Streamlined accessory dwelling units are subject to a ministerial building permit application. Streamlined accessory dwelling units include:

Conversion accessory dwelling units;

Attached or detached new construction accessory dwelling units that do not exceed 800 square feet in floor area with at least four-foot side and rear yard setbacks, and which comply with height requirements in Section 19.79.040 of this chapter, on lots with an existing or proposed single family dwelling;

Detached new construction accessory dwelling units with at least four-foot side and rear yard setbacks, and which comply with the height requirements in Section 19.79.040 of this chapter, on lots with an existing or proposed multifamily dwelling structure;

Accessory dwelling units completely within a basement as defined in Section 19.12.030 of this code; and

Junior accessory dwelling units.

Non-streamlined Accessory Dwelling Units. A miscellaneous plan permit pursuant to Chapter 19.82 is required for an accessory dwelling unit that does not meet the criteria for streamlined approval in subsection (a) of this section. The director of community development shall ministerially approve the miscellaneous plan permit.

Non-streamlined accessory dwelling units include attached or detached new construction accessory dwelling units over 800 square feet in floor area.

Table 19.79.030. Streamlined and Non-Streamlined Accessory Dwelling Unit—Permit, Zoning and Design Standards Requirements
	ADU Type	Planning Permit Requirement	Additional Zoning and Design Standards Requirements¹
Streamlined ADUs	Attached or detached, new construction ADUs up to 800 sq. ft. area on lots with existing or proposed single-family dwelling	No planning permit; only a ministerial building permit	None
	Detached new construction ADUs on lots with existing or proposed multifamily dwelling structure
	Conversion ADUs
	JADUs
	ADUs completely within basement as defined in Section 19.12.030(4)
Non-Streamlined ADUs	Attached or detached, new construction ADUs over 800 sq. ft. area on lots with existing or proposed single-family dwelling	Ministerial MPP	Maximum zoning district lot coverage per Chapter 19.32²
			Floor area and FAR per Chapter 19.32²
			Minimum zoning district front and reducible front yard setbacks per Chapter 19.34
			Entrance on different wall planes facing street per Section 19.79.040
			Minimum distance from main building and accessory structures per Section 19.79.040³
			Design relationship to main building per Section 19.79.040⁴
			Solar access requirement per Section 19.79.040⁵
			Second floor window design per Section 19.79.040⁵

NOTES:
1	In addition to the standard requirements applicable for all new construction ADUs of minimum four-foot side and rear yard setbacks and height limitations per Section 19.79.040.
2	Additional area above 800 square feet shall count towards lot coverage, gross floor area, and FAR.
3	Applicable only for detached new construction ADUs over 800 square feet in area.
4	Applicable only for attached new construction ADUs over 800 square feet in area.
5	Applicable only for two-story or second floor level new construction ADUs over 800 square feet in area.

(Ord. 3240-25, 4/8/2025)

§ 19.79.040 General requirements.

The following requirements apply to all accessory dwelling units, unless otherwise noted:

Area. Accessory dwelling unit area shall include all interior areas within the dwelling unit, as measured from the outside dimensions of a building or wall.

Minimum Area. The area of each accessory dwelling unit shall be at least 150 square feet.

Attached Patios and Entry Porches. Attached covered patios where the roof is more than 50% solid shall be counted towards lot coverage, floor area, and floor area ratio. Entry porches where the roof is more than 50% solid shall be counted towards lot coverage but shall be exempt from floor area and floor area ratio.

Building Requirements. All applicable requirements of Title 16 (Buildings and Construction) shall be satisfied, subject to the exemptions contained in Chapter 16.72 of this code.

Correction of Nonconforming Conditions. Approval of an accessory dwelling unit shall not be conditioned on the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

Design Relationship of Attached New Construction Accessory Dwelling Units to the Main Residential Building. Non-streamlined attached new construction accessory dwelling units shall maintain the appearance of the main residential building, by using the same type of wall cladding, trim detail, roofing material, building color(s), and window frames/trim.

Distance Between the Main Building and Accessory Dwelling Unit. Detached non-streamlined accessory dwelling units shall be located at least five feet away from the main building, as measured from exterior walls.

Easements. Accessory dwelling units are not permitted in any portion of existing easements that prohibit the construction of permanent structures as noted in the easement.

Entrances. The accessory dwelling unit shall have a separate exterior access independent from the single-family or multifamily dwelling.

The entrance to the accessory dwelling unit and the entrance to the single-family dwelling shall not be on the same wall plane facing the public street. This requirement shall only apply to non-streamlined accessory dwelling units as defined in Section 19.79.030 of this chapter.

Enclosed accessory structures attached to accessory dwelling units shall have a separate exterior access independent from the accessory dwelling unit.

Expansion of conversion accessory dwelling units for ingress and egress. A conversion accessory dwelling unit may include an expansion of not more than 150 square feet beyond the physical dimensions of an existing accessory structure for the sole purpose of accommodating ingress and egress. The ingress and egress expansion area shall meet minimum side and rear setbacks sufficient for fire and safety and the height limitations specified in Chapter 19.32 of this code for the applicable zoning district. Expansions of more than 150 square feet shall be considered a new construction accessory dwelling unit.

Height. The following height limitations apply to new construction accessory dwelling units:

Detached Accessory Dwelling Unit. The height of the unit as measured from the average finished grade within five feet of the structure shall not be more than the following:

16 feet on a lot with an existing or proposed single-family dwelling or single-story multifamily dwelling unit that does not meet the requirements of subsection (k)(1)(B), below.

18 feet on a lot that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

18 feet on a lot with an existing or proposed multistory, multifamily dwelling structure.

Attached accessory dwelling Unit. 25 feet or the height limitation that applies to the main building, whichever is lower.

(l)

Heritage Resources. Accessory dwelling units are allowed on lots that are listed on the City's Heritage Resource Inventory per Chapter 19.96 of this code and are not subject to additional permit and public review requirements beyond those described in Section 19.79.030 of this chapter.

(m)

Mechanical Equipment. Mechanical equipment serving accessory dwelling units, such as, but not limited to, heating or air conditioning units, shall meet the requirements in Section 19.48.100 of this code.

(n)

Number of Stories. Accessory dwelling units are limited to a maximum of two stories.

(o)

Parking. No off-street parking spaces are required for an accessory dwelling unit, and the applicant shall not be required to replace any covered parking spaces that are removed or demolished as a result of the construction of the accessory dwelling unit or conversion of existing space in a main residential dwelling or accessory structure to an accessory dwelling unit.

(p)

Protected Trees. A separate tree removal permit is not required for the proposed removal of protected trees, as defined in Section 19.94.030 of this code, in conjunction with a new construction accessory dwelling unit. The proposed tree removal shall be reviewed as part of the required building permit, or planning permit, if required, subject to the standards and criteria in Chapter 19.94 of this code. However, the standards and criteria shall not preclude a streamlined accessory dwelling unit as defined in Section 19.79.030(a) of this chapter. One replacement tree, at least 15-gallon in size, or an equivalent tree replacement in-lieu fee is required for each protected tree that is removed for construction of a non-streamlined accessory dwelling unit as defined in Section 19.79.030 of this chapter.

(q)

Sale and Rental. An accessory dwelling unit may be rented separately from the single-family dwelling or multifamily dwelling structure, but may not be sold or otherwise conveyed separately from the other dwellings on the lot, except as permitted by Government Code Section 66341. The city has not elected to allow the separate conveyance of the main building and accessory dwelling unit or units as condominiums pursuant to Government Code Section 66342.

(r)

Short-Term Rentals. An accessory dwelling unit approved on or after January 1, 2020, shall not be used as a short-term rental as regulated by Chapter 19.76 of this code.

(s)

Second Floor Balconies or Decks. Balconies, second-story decks, and rooftop terraces are prohibited on all second floor or two-story-tall accessory dwelling units.

(t)

Second Floor or Two-Story Accessory Dwelling Units. For non-streamlined accessory dwelling units as defined in Section 19.79.030 of this chapter, where the unit is located on a second floor, the following requirements must be met:

The proposed project meets the specified requirements of this code applicable to second-story construction or additions, including the zoning district's second-floor front setbacks, maximum lot coverage, and the solar access requirement in Chapter 19.56 of this code; and

If the entrance to the accessory dwelling unit is above the first floor, it is not on the same building elevation as the entrance to the single-family or multifamily dwelling.

(u)

Second Story Windows. For non-streamlined accessory dwelling units, all second-story windows setback less than 20 feet from a rear property line or seven feet from a side property line shall comply with at least one of the following standards:

Second story window sills shall be at least five feet above the finished floor; or

Second story windows shall have opaque or translucent glazing if the sill height is within five feet above the finished floor.

(v)

Solar Access Requirement. Second floor or two-story non-streamlined accessory dwelling units shall meet the solar access requirement described in Chapter 19.56 of this code.

(w)

Setbacks for New Construction Accessory Dwelling Units.

Side and Rear Yard Setbacks. Minimum four-foot side and rear yard setbacks are required; however, setbacks of less than four feet are allowed if the accessory dwelling unit is constructed in the same location and to the same dimensions (including height, area, width, and length) as an existing structure that is demolished for the purpose of constructing the accessory dwelling unit.

Front and Reducible Front Setbacks. Minimum zoning district front yard and reducible front yard (for corner lots) zoning setbacks are required for non-streamlined accessory dwelling units as defined in Section 19.79.030 of this chapter.

(x)

Subdivisions. Nothing contained herein shall be construed to permit subdivisions of real property otherwise prohibited by this code or state law.

(y)

Urban Lot Splits/Dual Urban Opportunity Units. A lot created through an urban lot split pursuant to Chapter 18.26 of this code may have a maximum of one new construction accessory dwelling unit, one conversion accessory dwelling unit, or one junior accessory dwelling unit in conjunction with one single-family dwelling on the lot, for a maximum of two total units on the lot. If the lot contains two dual urban opportunity units pursuant to Chapter 19.78, no accessory dwelling units are permitted on the lot.

(z)

Other Legal Requirements. Accessory dwelling units shall comply with all other applicable legal requirements that are not inconsistent with this chapter.

(Ord. 3240-25, 4/8/2025)

§ 19.79.050 Requirements for lots with a single-family dwelling.

The following requirements apply to lots with an existing or proposed single-family dwelling. Multiple detached single-unit dwellings on the same lot shall be considered single-family dwellings for the purposes of the accessory dwelling unit regulations in this chapter.

Number of Accessory Dwelling Units Allowed Per Lot.

On a lot with only one single-family dwelling, one conversion accessory dwelling unit, one new construction accessory dwelling unit, and one junior accessory dwelling unit, in any order without prejudice, totaling three units plus the single-family dwelling main building, are allowed per lot.

On a lot with multiple detached single-unit dwellings, one conversion accessory dwelling unit and one new construction accessory dwelling unit are allowed per lot.

Each lot may only have either one, but not both, of the following types of attached accessory dwelling units:

Conversion accessory dwelling unit created by conversion of existing space within a single-family dwelling or space within a proposed single-family dwelling; or

Attached new construction accessory dwelling unit.

New Construction Accessory Dwelling Units.

Size. The total floor area of the unit shall not be more than 1,000 square feet gross floor area. There shall be no restrictions on the number of bedrooms.

Detached Accessory Dwelling Units.

Detached accessory dwelling units and accessory structures. Detached new construction accessory dwelling units may be connected to an existing or proposed accessory structure. If not connected, detached new construction accessory dwelling units that are non-streamlined per Section 19.79.030 shall maintain a minimum setback of five feet (as measured from exterior walls or support posts) to an existing or proposed accessory structure.

Zoning and Design requirements for Non-Streamlined Accessory Dwelling Units. Refer to Table 19.79.030 and 19.79.060 for zoning and design requirements for non-streamlined accessory dwelling units.

Conversion Accessory Dwelling Units.

Location. A conversion accessory dwelling unit is located:

Entirely within the interior space of the existing or proposed single-family dwelling; or

Within the interior space of an existing accessory structure and may include an expansion of not more than 150 square feet beyond the physical dimensions of the existing structure for the sole purpose of accommodating ingress and egress.

Junior Accessory Dwelling Units.

Number. The number of junior accessory dwelling units are limited to one for lots with one existing or proposed single-family dwelling. Junior accessory dwelling units are not allowed for lots with multiple detached single-unit dwellings.

Size. A junior accessory dwelling unit shall be no more than 500 square feet gross floor area in size and must be contained entirely within the walls of an existing or proposed single-family dwelling, including attached garages.

Prohibited Locations. Junior accessory dwelling units shall not be created by a new construction addition to an existing single-family dwelling or by conversion of an existing detached accessory structure.

Sanitation Facilities. The junior accessory dwelling unit may have separate sanitation facilities or may share sanitation facilities with the single-family dwelling. If sanitation facilities are shared, there must be a connecting interior door between the junior accessory dwelling unit and the single-family dwelling.

Efficiency Kitchen. The junior accessory dwelling unit, at a minimum, shall include an efficiency kitchen per Government Code Section 66333, which includes:

A cooking facility with appliances; and

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

Conversion to a Junior Accessory Dwelling Unit. An accessory dwelling unit that was constructed as a new construction accessory dwelling unit shall not be treated as a junior accessory dwelling unit for purposes of this chapter unless the owner complies with the owner-occupancy and other deed restrictions in subsection (d)(7).

Owner-occupancy and Deed Restriction. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit is located. Either the newly created junior accessory dwelling unit or the remaining portion of the single-family dwelling structure must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of building permit approval by appropriate documents establishing title and residency.

Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded on the title of the affected property stating all of the following:

One of the dwelling units on the lot shall remain owner-occupied unless the owner is a governmental agency, land trust, or housing organization.

The junior accessory dwelling unit shall not be sold separately from the sale of the single-family residence.

The junior accessory dwelling unit shall not be more than 500 square feet gross floor area in size and shall comply with all other requirements applicable to junior accessory dwelling units in Section 19.79.050.

A statement that these deed restrictions are enforceable against future purchasers.

(Ord. 3240-25, 4/8/2025)

§ 19.79.060 Requirements for lots with a multifamily dwelling structure.

The following requirements apply to lots with an existing or proposed multifamily dwelling structure:

Detached New Construction Accessory Dwelling Units.

Number.

On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units are allowed. However, the number of accessory dwelling units shall not exceed the number of existing units on the lot prior to the addition of any accessory dwelling units.

On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units are allowed.

Conversion Accessory Dwelling Units.

Number. At least one accessory dwelling unit may be created within a multifamily dwelling structure by converting existing interior non-habitable area. The maximum number of accessory dwelling units so created shall not exceed 25% of the total number of existing multifamily dwelling units prior to the addition of any accessory dwelling units.

Location. The accessory dwelling unit shall be created only within portions of the existing multifamily dwelling structure not used as habitable area, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or attached garages, as long as the unit meets building standards for dwellings. An accessory dwelling unit shall not be created:

Within any portion of the habitable area of an existing dwelling unit in a multifamily dwelling structure.

Within accessory structures such as carports, utility buildings, and community rooms.

(Ord. 3240-25, 4/8/2025)

§ 19.79.070 Summary of applicable standards.

Table 19.79.070 summarizes the applicable standards for accessory dwelling units on lots with an existing or proposed single-family or multifamily dwelling as set forth in more detail in Sections 19.79.040, 19.79.050 and 19.79.060 of this chapter.

Table 19.79.070. Applicable Standards for New Construction, Conversion and Junior Accessory Dwelling Units on Single-Family and Multifamily Residential Lots.
	New Construction ADUs	Conversion ADUs	JADU
Location	Lots with existing or proposed single-family or multifamily dwellings.	Lots with existing or proposed single-family, or existing multifamily dwellings	Contained entirely within the walls of an existing or proposed single-family dwelling.
Number
Single-Family Dwelling	One¹	One¹	One
Multifamily Dwelling	Existing multifamily: 2 to 8 detached⁷	25% of existing units (minimum of one allowed)	None
Multifamily Dwelling	Proposed multifamily: Maximum 2 detached	25% of existing units (minimum of one allowed)	None
Size	150 sq. ft. minimum	150 sq. ft. minimum	150 sq. ft. minimum
Size	1,000 sq. ft. maximum²	No maximum	500 sq. ft. maximum
Height	16 feet for a detached ADU on a single-family or single-story multifamily lot³	n/a	n/a
	18 feet for a detached ADU on a multistory, multifamily lot³
	25 feet for an attached ADU

	Up to 800 sq. ft. area⁴	Over 800 sq. ft. area^4,9	Conversion ADU^4,5,6	JADU^4,5
Independent exterior entrance	Yes	Yes⁸	Yes	Yes
Setbacks (first and second floor)
Front	n/a	Zoning setback¹⁰	n/a	n/a
Reducible front (longer street frontage of corner lots)	n/a	Zoning setback¹⁰	n/a	n/a
Side	4 feet	4 feet	n/a	n/a
Rear	4 feet	4 feet	n/a	n/a
Combined side	n/a	n/a	n/a	n/a
Distance from main building or accessory structures	n/a	5 feet (only applicable to detached ADUs)	n/a	n/a
Solar access requirement (for second floor ADUs)	n/a	Per Section 19.56.020	n/a	n/a
Required rear yard encroachment	n/a	n/a	n/a	n/a
Lot coverage	Exempt	Area over 800 sq. ft.	Area over 800 sq. ft.	Exempt
Floor area ratio	Exempt	Area over 800 sq. ft.	Area over 800 sq. ft.	Exempt
Design relationship to main building	n/a	Yes, per Section 19.79.040	n/a	n/a
Second story windows	n/a	Yes, per Section 19.79.040	n/a	n/a
Deed restriction requirement	n/a	n/a	n/a	Yes, per Section 19.79.040

Notes:
1	Each single-family dwelling lot or multiple detached single-unit dwellings on a lot may have either one, but not both, of the following: (1) conversion accessory dwelling unit created by conversion of parts of an existing or space within a proposed single-family dwelling, or one attached new construction accessory dwelling unit.
2	This maximum size applies to lots with an existing or proposed single-family dwelling.
3	18 feet on a lot that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
4	Setbacks must also comply with any recorded utility easements or other previously recorded setback restrictions.
5	The existing dwelling and accessory structure must meet the California Building Standards.
6	If the existing single-family dwelling or accessory structure is expanded not more than 150 square feet for the sole purpose of accommodating ingress and egress, the side and rear setbacks shall be sufficient for fire and life safety; the generally applicable four-foot setbacks shall not be required.
7	Number of accessory dwelling units shall not exceed the existing number of units on the lot prior to addition of accessory dwelling units.
8.	The entrance to the accessory dwelling unit and the entrance to the single-family dwelling shall not be on the same wall plane facing the public street as defined in Section 19.79.040 of this chapter.
9	Detached new construction ADUs on lots with existing or proposed multifamily dwelling units with at least four-foot side and rear yard setbacks, and which comply with height requirements per Section 19.79.040 are not subject to the additional requirements for new construction ADUs over 800 square feet.
10	Zoning setback means the setback required in the applicable zoning district.

(Ord. 3240-25, 4/8/2025)

§ 19.79.080 Utility connections.

Except as provided in subsection (b), an accessory dwelling unit may be required to have a new or separate utility connection directly between the accessory dwelling unit and the utility. The city council may adopt by resolution a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water and sewer system. The fee may be based upon either the square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. Such fees and charges shall not exceed the reasonable cost of providing the utility service.

The following accessory dwelling units shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges:

Junior accessory dwelling units.

Conversion accessory dwelling units, unless the unit is constructed with a new single-family home.

(Ord. 3240-25, 4/8/2025)

§ 19.79.090 Impact fees.

Except as provided in subsection (b), below, the city council may, by resolution, establish fees, including, but not limited to, the transportation impact fee, for accessory dwelling units that mitigate the impact of the accessory dwelling unit on public infrastructure and services. Such fees shall be imposed proportionally based on the square footage of the accessory dwelling unit in relation to the square footage of the main building's dwelling unit. Impact fees do not include any connection fee or capacity charge by the city, special district, or water corporation.

No impact fees shall be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges.

(Ord. 3240-25, 4/8/2025)

§ 19.79.100 Procedures and decisions.

The city shall approve or deny the application to create an accessory dwelling unit within 60 days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot. Incomplete applications will be returned with an explanation of what additional information is required, and the 60-day period shall be tolled until a complete application is submitted.

If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay approving or denying the permit application for the accessory dwelling unit until such time as the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.

If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

(Ord. 3240-25, 4/8/2025)

Sunnyvale City Zoning Code

ARTICLE 5

SPECIAL HOUSING ISSUES

§ 19.64.010 Findings and purpose.

(Prior zoning code § 19.34.010; Ord. 2623-99 § 1)

§ 19.64.020 Use regulations.

(Prior zoning code § 19.34.020; Ord. 2623-99 § 1)

§ 19.64.030 Residential care facilities-Six or fewer residents-Regulations.

(Prior zoning code § 19.34.030; Ord. 2623-99 § 1)

§ 19.64.040 Residential care facilities-More than six residents-Regulations.

Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;

No sign which calls attention to the fact that the property is a residential care facility may be posted; and

The owner shall obtain a use permit pursuant to Chapter 19.88.

Applicable requirements of the Uniform Building, Housing and Fire Codes are met;

There must be no less than seventy-five square feet of usable open space available and allocable on the premises per occupant;

Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;

No sign which calls attention to the fact that the property is a residential care facility may be posted.

(Prior zoning code § 19.34.040; Ord. 2623-99 § 1)

§ 19.64.050 Congregate residences-Regulations.

Congregate residences with ten or fewer occupants shall be permitted in all residential zoning districts without a use permit, provided that:

Applicable requirements of the Uniform Building, Housing and Fire Codes are met;

Parking spaces must be maintained in accordance with the requirements of Chapter 19.46;

No sign which calls attention to the fact that the property is a congregate residence may be posted.

Applicable requirements of the Uniform Building, Housing and Fire Codes are met; and

There must be no less than seventy-five square feet of usable open space available and allocable on the premises per occupant; and

Parking spaces must be maintained in accordance with the requirements of Chapter 19.46; and

No sign which calls attention to the fact that the property is a congregate residence may be posted.

(Prior zoning code § 19.34.050; Ord. 2623-99 § 1)

§ 19.64.060 Overconcentration.

(Prior zoning code § 19.34.060; Ord. 2623-99 § 1)

§ 19.64.070 Findings.

"Reasonable accommodation"

Conditions may be imposed if demonstrated to be warranted by the unique and specific aspects of a particular situation.

(Prior zoning code § 19.34.070; Ord. 2623-99 § 1)

§ 19.65.010 Purpose.

(Ord. 2966-11 § 15)

§ 19.65.020 Definitions.

"Acts"

mean the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes.

"Person with disability"

means an individual who has a medical condition, physical or mental impairment that substantially limits one or more of the individual's major life activities, as defined in the Acts.

(Ord. 2966-11 § 15)

§ 19.65.030 Applicability.

(Ord. 2966-11 § 15)

§ 19.65.040 Procedures.

(Ord. 2966-11 § 15)

§ 19.65.050 Decisions.

(Ord. 2966-11 § 15)

§ 19.65.060 Findings.

Whether the housing or housing-related request will be used by a person with a disability protected under the Acts;

Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability protected under the Acts;

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

Whether the requested reasonable accommodation would require a fundamental alteration in the nature or effect of the city's land use and zoning ordinances, programs or policies;

Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures; and

Whether alternative reasonable accommodations could provide an equivalent level of benefit.

(Ord. 2966-11 § 15)

§ 19.66.010 Findings and purpose.

(Ord. 3233-24, 11/19/2024)

§ 19.66.020 Permit required.

Safe parking may be allowed as a primary use in the following zoning districts, subject to the approval of a miscellaneous plan permit or use permit: C-4, MP-O2, M-S, M-3, PPSP-IE, PPSP-MIC.

Safe parking may be allowed as an ancillary use to a place of assembly — community serving use in any zoning district.

The city council may approve a Safe Parking Program on publicly owned property subject to the recommendation of the planning commission and approval by the city council.

Safe parking sites are prohibited on all other sites in the city.

Permit approval is required prior to the establishment and operation of a safe parking site. Permit approval is conditioned upon consistency with this chapter.

Suspension or Revocation. The approval of a Safe Parking Program may be suspended, revoked or modified by the director of community development as follows:

Following the hearing, the director of community development may revoke, suspend, or modify the approval if the director can make one or more of the following findings:

The approval was obtained by fraud;

The Safe Parking Program has been or is being conducted in violation of this code or other applicable law;

The conditions of approval have been or are being violated;

The Safe Parking Program constitutes a public nuisance.

The decision of the director of community development is final. The decision may be appealed to Superior Court.

A Safe Parking Program in operation without approval is not subject to this section.

(Ord. 3233-24, 11/19/2024)

§ 19.66.030 Permit application.

An application for a safe parking site shall be submitted and include all of the following:

A site plan showing:

The parking spaces designated for the proposed safe parking sites;

Setbacks to all adjacent buildings, properties, and residential uses;

Location of exterior light fixtures, including proposed exterior lighting;

Locations of ingress and egress to the site.

A procedure for emergency evacuation.

A site management and operations plan as described in Section 19.66.040.

All safe parking sites are required to provide all of the following:

One toilet and one handwashing facility per 20 participants, which may be adjusted with program participation enrollment;

Trash and recycling service, with service and bins sufficient for the needs of the proposed Safe Parking Program as determined by the department of environmental services;

Access to potable water; and

If RV parking is proposed, parking for passenger vehicle(s) accessory to an RV.

Setbacks. All vehicles shall be located at least 10 feet from any building or structure located on the property.

Buffer from Residential Use. All vehicles shall maintain a minimum buffer of 50 feet from any property line of a lot that contains an existing residential use.

(Ord. 3233-24, 11/19/2024)

§ 19.66.040 Site management and operations plan.

As part of its application, the Safe Parking Program operator shall provide a site management and operations plan describing the proposed functions of the site, including:

A description of how waste disposal, including graywater, blackwater, trash, and recycling, is proposed to be managed by the Safe Parking Program operator.

(Ord. 3233-24, 11/19/2024)

§ 19.66.050 Site inspection.

(Ord. 3233-24, 11/19/2024)

§ 19.66.060 Rotational program.

The community development director may approve a rotational program that would provide safe parking to the same group of individuals, however the program would rotate between several approved sites.

(Ord. 3233-24, 11/19/2024)

§ 19.66.070 Performance standards.

The Safe Parking Program operator shall demonstrate compliance with all of the following performance standards:

Safe parking sites may be operated as a primary use or as an ancillary use to an existing facility.

Safe parking sites shall have a site management and operations plan subject to review and approval by the director of community development.

Supportive Services. Supportive services must be a component of all permit applications and available to all Safe Parking Program participants.

The Safe Parking Program shall not result in a deficiency in the minimum required parking for a primary use.

Fire Prohibited. Fires, heaters, barbeque grills, and any other open flame outdoor cooking or warming appliance shall be prohibited.

(o)

Any site used as a safe parking site, including public access and parking areas shall be maintained in a safe and clean condition, and in compliance with an approved site management plan.

(Ord. 3233-24, 11/19/2024)

§ 19.67.010 Purpose.

Findings. The city council finds that:

A shortage of affordable housing is detrimental to the public health, safety and welfare in the city of Sunnyvale;

Federal and state housing subsidy programs are not sufficient by themselves to satisfy the housing needs of lower to moderate income households;

Continued new development without housing at prices affordable to these persons will worsen the shortage of affordable housing; and

It is the city's goal and a public policy of the state of California to ensure there is adequate supply of housing for persons of all economic segments of the community.

(Ord. 2976-12 § 1)

§ 19.67.020 Definitions.

When used in this chapter, these terms mean the following:

means the median household income of households in Santa Clara County, adjusted for household size, as determined and published by the California Housing and Community Development Department (HCD).

"Below market rate (BMR) ownership housing"

means any project that receives development funding from any local, state, or federal governmental or non-profit source, which meets the criteria for below market rate housing.

means dwelling units developed to be sold and affordable to lower to moderate income households and regulated by this chapter. "BMR unit" means one BMR ownership housing dwelling unit.

means the planning commission or city council, whichever is authorized to make a final decision on the project application for land use approvals.

"Eligible buyer"

means the gross, pre-tax income of all adult occupants of the applicant household, and as may be further defined in the BMR Home Ownership Program Guidelines.

means the monthly mortgage payment (principal and interest), property taxes, homeowners' association dues, and homeowner's insurance.

"Moderate income household"

means a dwelling unit that is not subject to the occupancy or sale regulations in this chapter or any other affordability restrictions or covenants.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.030 Applicability.

Rental Housing Developments Exempt. This chapter does not apply to rental housing developments.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.040 Exemptions.

The following categories of ownership housing shall be exempt from this chapter:

Ownership housing projects of fewer than seven units.

Residential for-sale projects that have received planning approval and those with planning applications determined complete by the planning division by August 12, 2021.

The site has a General Plan land use designation of Village Mixed Use;

The site is not identified in the Housing Element as available for lower income housing;

The site is located north of El Camino Real;

The site is located entirely within a Village Center, and that Village Center is no more than 6.0 acres in size; and

The project has a minimum residential density of 13 dwelling units per acre (for the entire project site).

Floor Area Ratio of Commercial/Retail Uses	BMR Requirement
Over 5% to 10% FAR	7.5% affordable to moderate income
Over 10% FAR	No requirement

(Ord. 3178-21 § 1; Ord. 3239-25, 3/25/2025)

§ 19.67.050 Below market rate ownership housing (BMR) requirement.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.060 Density bonus.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.070 Development standards.

BMR units are subject to the following development standards:

Location. BMR units shall be distributed evenly throughout the project. The decision-making body may waive the location requirement if:

Significant physical site constraints prevent even distribution; or

Granting the waiver would result in improved site or building design, or a more favorable location of the BMR units than would otherwise be provided.

Lot Size. Lot size shall be at least the same size as the smallest lot of a market rate unit within the project.

Unit Size. Unit size shall be at least seventy-five percent of the average size of market rate units with the same number of bedrooms in the project.

Interior. Interiors finishes and amenities shall be consistent with those of the market rate units in the project.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.080 Occupancy and sale restrictions.

Sale Requirements. The following requirements shall be met in any sale and resale of a BMR unit during the term of restrictions:

The seller shall notify the director of the intent to sell before offering the unit for sale;

Certain transfers of title by marriage, divorce proceeding, devise or inheritance shall not be subject to these required sale procedures.

Priority to Purchase. Applicants who reside or are employed within Sunnyvale city limits at the time of application shall be considered a priority one buyer to purchase the BMR units;

Conflict of Interest. The following individuals, by virtue of their position or relationship, are ineligible to purchase a BMR unit:

Any city official or employee who administers or has policy-making authority over city housing programs,

The developer of the unit, or

BMR units that are owned by a public or nonprofit housing agency may be rented to eligible households with prior written approval of the director; and

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.090 Below market rate (BMR) housing developer agreement.

Agreement Provisions. The Agreement shall include, at a minimum, the following provisions:

Binding of Persons. A provision that binds the heirs, assigns, and successors in interest of the property owner to the Agreement;

Binding of Project Site. The obligation for the entire project site to fulfill the BMR ownership housing requirement for the project under this chapter;

Liens. A lien on each unit identified to meet the BMR ownership housing requirement, or if the alternative to pay an in-lieu fee is approved, a lien on every unit;

Alternatives. Any alternatives approved for the applicant to satisfy the BMR ownership housing requirement;

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.100 Alternatives to satisfy below market rate (BMR) housing requirement.

Payment of In-Lieu Fee. The applicant may pay an in-lieu fee, as follows:

Fee Payment. A demand for payment shall be placed on each ownership housing unit in order to collect payment of the in-lieu fee before close of escrow, as required in the Agreement.

Site Acquired. The applicant or the partner has control of or the right to build on the site where the affordable housing units will be developed;

Funding Acquired. The partner has obtained legal commitments for all necessary financing, or the city has approved the financing plan for the affordable housing development;

Affordability. Ownership units shall be made affordable to moderate income households, and rental units shall be made affordable to low and very low income households;

Displacement. The conversion or preservation shall not displace any tenants, regardless of income level, through the following measures:

First Right of Return. The developer of a new development or rehabilitation project that would displace existing tenants shall provide each tenant the following rights:

The ability to return to a unit at the same level of affordability (measured in monthly rent) as the prior unit.

The ability to return to a unit of comparable size with the same or greater number of bedrooms.

Provide temporary housing within Sunnyvale or within ten miles of the prior home.

Must not pay more in rent than paying in the prior home.

All costs of relocation must be paid for by the project sponsor.

Moving process between units must occur quickly and efficiently and to minimize the inconvenience of the tenant.

Replacement housing must be completed within one and one-half years to minimize impacts to tenants.

If applicable, all requirements of the City's Condominium Conversion ordinance shall be enforced.

Other methods of mitigating affordable housing may be approved at the sole discretion of city council.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.110 Default, foreclosure, and loss of unit.

BMR Housing Trust Fund. To the city, any surplus remaining after payment to the homeowner. The proceeds shall be deposited into the BMR housing trust fund.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.120 Below market rate (BMR) housing trust fund.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.130 Enforcement.

In addition to the provisions in Chapter 19.98.140 (Violations), the following provisions also apply to the enforcement of this chapter:

Agents, Successors and Assigns. The provisions of this chapter apply to all agents, successors and assigns of the applicant.

(Ord. 2976-12 § 1; Ord. 3178-21 § 1)

§ 19.67.140 Appeals.

Any person aggrieved by a decision on any permit may appeal the decision following the procedures in Section 19.98.070 (Appeals).

(Ord. 2976-12 § 1)

§ 19.67.150 Severability.

(Ord. 2976-12 § 1)

§ 19.68.010 Purpose.

This chapter establishes the requirements and standards for alternative housing types.

(Ord. 2623-99 § 1; Ord. 2976-12 § 13)

§ 19.68.020 Mobile living units.

The use, occupancy or placement of mobile living units, portable office structures, guard shacks, cargo containers or other portable storage units are permitted only as follows:

Mobile or motor home in any nonresidential zoning district for demonstrated security purposes;

Mobile or motor home in any zoning district when in conjunction with a church for demonstrated security purposes;

Guard buildings or kiosks may be used for a demonstrated security purpose within industrial or office zoning districts, and within residential zoning districts in connection with secured communities;

Portable offices may be used for nonresidential purposes in industrial and office zoning districts for one-year time increments;

(Prior zoning code §§ 19.51.035(a)(1), (4), (5); Ord. 2623-99 § 1; Ord. 2907-09 § 12)

§ 19.68.030 Mobile homes.

The use, occupancy or placement of a mobile home is permitted only as follows:

In a lawfully operated mobile home park.

No more than one such mobile home shall be erected on a single lot in such zoning districts;

A mobile home shall not be permitted as an addition to a single-family dwelling.

(Prior zoning code §§ 19.51.035(b)(1)—(2); Ord. 2623-99 § 1)

§ 19.68.050 Single room occupancy (SRO) living unit facility.

A conditional use permit may be issued for an SRO living unit facility only if the following criteria are met:

Each SRO living unit shall be designed to accommodate a maximum of two persons;

An SRO living unit may contain partial kitchen facilities;

Individual SRO living units may not have separate external entryways;

A closet and separate storage space, as approved by the director of community development, is required in every SRO living unit facility;

A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water must be provided on each floor of the living unit building;

(Ord. 2976-12 § 13)

§ 19.68.060 Single room occupancy (SRO) residential hotel.

A conditional use permit may be issued for an SRO residential hotel only if the following criteria are met:

Excluding the closet and any bathroom space, an SRO residential hotel unit must be at least seventy square feet in floor area;

Individual SRO residential hotel units may not have separate external entryways;

A closet and separate storage space, as approved by the director of community development, is required in every SRO residential hotel room;

A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water must be provided on each floor of the residential hotel building;

(Ord. 2976-12 § 13)

§ 19.69.010 Purpose.

Findings. The city council finds that:

A shortage of affordable housing is detrimental to the public health, safety and welfare in the city of Sunnyvale;

Federal and state housing subsidy programs are not sufficient by themselves to satisfy the housing needs of lower income households;

It is a public purpose of the city to ensure that housing is available for persons with lower incomes, and that such supply of housing remains affordable to future residents; and

It is the city's goal and a public policy of the state of California to ensure there is adequate supply of housing for persons of all economic segments of the community.

(Ord. 2976-12 § 2)

§ 19.69.020 Definitions.

When used in this chapter, these terms mean the following:

means the median household income of households in Santa Clara County, adjusted for household size, as determined and published by the California Housing and Community Development Department (HCD).

"Below market rate (BMR) rental housing"

means any project that receives development funding from any local, state, or federal governmental or non-profit source, which meets the criteria for below market rate housing.

means rental dwelling units affordable to lower income households and regulated by this chapter. A "BMR rental unit" means one BMR rental housing dwelling unit.

"Eligible tenant"

means the gross, pre-tax income of all adult occupants of the applicant household, and as may be further defined in the BMR Rental Housing Guidelines.

means the sum of monthly rent and utility costs, not including telecommunications services (telephone, cable television, internet), charged to tenants for rental of a BMR rental unit.

means a dwelling unit that is not subject to the occupancy or rental restrictions in this chapter or any other affordability restrictions or covenants.

(Ord. 2976-12 § 2)

§ 19.69.030 Applicability.

(Ord. 2976-12 § 2)

§ 19.69.040 Below market rate housing (BMR) requirement.

The BMR housing requirement for any rental housing development subject to this chapter is what is specified in the recorded BMR housing agreement.

(Ord. 2976-12 § 2)

§ 19.69.050 Occupancy and rental restrictions.

Income Limits. The prospective tenant's combined household income and assets shall not exceed the limits for a lower income household, and as further defined in the BMR Rental Housing Guidelines.

Conflict of Interest. The following individuals, by virtue of their position or relationship, are ineligible to rent a BMR rental unit:

Any city official or employee who administers or has policy-making authority over city housing programs;

The developer of the unit; or

(Ord. 2976-12 § 2)

§ 19.69.060 Enforcement.

In addition to the provisions in Chapter 19.98.140 (Violations), the following provisions also apply to the enforcement of this chapter:

Agents, Successors and Assigns. The provisions of this chapter apply to all agents, successors and assigns of the applicant.

(Ord. 2976-12 § 2)

§ 19.69.070 Annual report.

(Ord. 2976-12 § 2)

§ 19.69.080 Severability.

(Ord. 2976-12 § 2)

§ 19.70.010 Purpose and intent.

In addition to all other requirements and procedures as set forth in this code pertaining to conversions, as defined here, the additional requirements provided by this chapter shall also apply.

(Prior zoning code § 19.84.020; Ord. 2623-99 § 1)

§ 19.70.020 Findings required for conversion.

(Prior zoning code § 19.84.030; Ord. 2623-99 § 1; Ord. 2810-06 § 10)

§ 19.70.030 Determination of apartment vacancy rate and surplus.

(Prior zoning code § 19.84.040; Ord. 2623-99 § 1; Ord. 2810-06 § 11)

§ 19.70.040 Use permits and special development permits.

In addition to the other requirements of this title, such applications shall be accompanied by the following:

The developer agrees to retain and not to sell a block of units equal in number to the amount by which the apartment vacancy surplus is exceeded;

In addition to the other requirements of this title, such applications shall be accompanied by the following:

Name, address, age and length of occupancy of every tenant and occupant, including children, in the project on the date of application;

Current rents for each unit, along with the date and amount of prior rent increases for the preceding three-year period;

All organizational documents:

A building history report, including the date of construction of all elements of the project and a statement regarding the current ownership of all improvements and underlying land;

A statement of any proposed repairs or improvements proposed to be completed prior to the sale of units, along with a time schedule therefor;

A soils report, if not previously prepared, in compliance with the provisions of the Subdivision Map Act;

Any other information which, in the opinion of the director of community development, will assist in determining whether the proposed project will be consistent with the purposes of this title;

The director of community development may waive the submission of certain of the above factual items if it is demonstrated that such information is not available and cannot be obtained.

(Prior zoning code § 19.84.050; Ord. 2623-99 § 1; Ord. 2810-06 § 12)

§ 19.70.050 Minimum requirements.

In addition to the other provisions of this title, each project approved for conversion shall comply with the following minimum requirements:

Tenant Protection.

Buyer Protection. The developer shall furnish each prospective purchaser of a lot or unit a true copy of each of the following documents:

The use permit or special development permit as issued under the provisions of this chapter;

Property report;

Structural pest report;

Building history report;

Soils report;

Statement of compliance issued by the Real Estate Department of the State of California, or its successor document relating to operating and maintenance funds during startup.

Off-street parking shall be provided as required by Chapter 19.46.

The following fire prevention and building safety standards shall be met:

Developer shall demonstrate that wall and floor/ceiling assemblies comply with fire wall separation standards, as specified in the Uniform Building Code;

A smoke detector of design as approved by the fire prevention division shall be provided in each unit;

Developer shall demonstrate that residential buildings conform to energy conservation standards promulgated in Title 24, Part 6, Article 1, California Code of Regulations, or its successor.

The following shall be applicable to utility distribution systems:

Gas and electric service shall be separately metered and billed for each individual lot or unit;

The following utility safety devices shall be provided for each lot or unit:

Water shutoff valves shall be provided in accessible locations for all outlets;

Electric panels shall be provided in accessible locations controlling the entire service to each unit.

All major appliances provided to individual lots or units shall be guaranteed to operate properly for a period of one year.

"Residential real property"

(Prior zoning code § 19.84.060; Ord. 2623-99 § 1)

§ 19.70.070 Certificate of use and occupancy for community housing project.

(Prior zoning code § 19.84.080; Ord. 2623-99 § 1)

§ 19.71.010 Title, findings, and intent.

(Ord. 3215-23 § 1)

§ 19.71.020 Definitions.

When used in this chapter, these terms mean the following:

"Just cause"

for purposes of this chapter is defined as the at-fault causes set forth in Civil Code Section 1946.2(b)(1) and the no-fault causes set forth in Civil Code Section 1946.2(b)(2).

"Owner"

means any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner.

"Rent"

means any dwelling unit that is intended for human habitation, including any dwelling or unit in a mobile home park that is not owner-occupied.

"Tenancy"

means the lawful occupation of residential real property and includes a lease or sublease.

means any individual or household who lawfully occupies residential real property including a subtenant.

(Ord. 3215-23 § 1)

§ 19.71.030 Adoption of Civil Code Section 1946.2 by reference related to terminations of tenancy.

This chapter shall not apply to short-term rentals, as defined in Chapter 19.76 of this code.

(Ord. 3215-23 § 1)

§ 19.71.040 Notice of terminations of tenancy.

An owner's failure to strictly comply with this section shall render the notice of termination void.

(Ord. 3215-23 § 1)

§ 19.71.050 Relocation assistance for no-fault just cause evictions.

(Ord. 3215-23 § 1)

§ 19.71.060 Requirement to offer written lease-Minimum lease terms.

Exemptions. This section shall not apply to the following:

Short-term rentals, as defined in Chapter 19.76 of this code.

(Ord. 3215-23 § 1)

§ 19.71.070 Notice of tenant rights.

An owner of residential real property subject to this chapter shall provide written notice to the tenant as follows:

(Ord. 3215-23 § 1)

§ 19.71.080 Owner retaliation prohibited.

(Ord. 3215-23 § 1)

§ 19.71.090 Nonwaiver.

(Ord. 3215-23 § 1)

§ 19.71.100 Remedies.

(Ord. 3215-23 § 1)

§ 19.72.010 Findings and purpose.

Findings. The city council finds that:

Mobile homes are an important form of affordable housing in the city, particularly for seniors and persons with moderate or lower incomes;

Many mobile home owners have made a large financial investment in their mobile home and loss of this investment would limit their ability to find replacement housing;

Vacant mobile home spaces in comparable mobile home parks are scarce in the city and in surrounding communities, and acceptance criteria often exclude older mobile homes; and

"Comparable mobile home park"

(Ord. 2983-12 § 5)

§ 19.72.020 Definitions.

When used in this chapter, these terms mean the following:

"Applicant"

means any person or entity seeking approval of a mobile home park conversion. Applicant can also mean a park owner whose park has been determined to be undergoing conversion due to reduced occupancy.

"Comparable housing"

"Development application"

"Disabled household"

"In-place value"

means the value of the mobile home in its current condition, without regard to the possible park closure.

"Mobile home"

"Mobile home owner"

means the registered owner of a mobile home, regardless of the number of such owners or the form of such ownership, and who has the right to use a mobile home space in a park.

"Mobile home park"

"Mobile home space"

is an area within a park designated for occupancy by one mobile home. In this chapter, the term "space" is the same as "mobile home space."

"Park owner"

"Proof of service"

"Resident"

means a mobile home owner who lives in the park or tenant.

"Senior household"

means a person who lives in a mobile home or other dwelling within a park under a bona fide lease or agreement and who is not a mobile home owner.

"Uninhabited"

means a household with annual income less than eighty percent of the area median income of households in Santa Clara County, as defined by the California Housing and Community Development Department.

(Ord. 2983-12 § 5)

§ 19.72.030 Applicability.

Conversion. This chapter applies to any conversion of a mobile home park, including:

A change of use;

A change of the park or any portion to a condominium, stock cooperative, or any other form of ownership where spaces within the park are sold individually; or

(Ord. 2983-12 § 5)

§ 19.72.040 Notice of intention to convert.

Notice Content. The notice shall contain the following information:

That the applicant proposes a conversion of the mobile home park that requires city approval of a conversion impact report;

A description of the proposed development application, if applicable, and the required permit approvals; and

A statement that the applicant will file an application for a final public report with the California Department of Real Estate, if applicable.

(Ord. 2983-12 § 5)

§ 19.72.045 Right of negotiated purchase.

Modification of Time Limits. The designated resident organization and the applicant may mutually agree to shorten or extend the time limits described in this section.

(Ord. 2983-12 § 5)

§ 19.72.050 Conversion impact report (CIR) required before conversion.

(Ord. 2983-12 § 5)

§ 19.72.060 Relocation specialists.

(Ord. 2983-12 § 5)

§ 19.72.070 Conversion due to reduced occupancy.

Statement Filed by Resident. If a resident files a statement of reduced occupancy, the director shall determine the correctness of the statement at a noticed public hearing.

(Ord. 2983-12 § 5)

§ 19.72.080 Relocation assistance.

Initiation of a general plan amendment;

CIR filing; or

Determination that the park is undergoing conversion due to reduced occupancy.

The cost to move furniture and personal belongings;

Rent for first and last month at the new location;

Required security deposit at the new location;

Temporary lodging, if applicable.

Other Relocation Assistance. For eligible residents and mobile home owners, relocation assistance may also include one or more of the following:

(Ord. 2983-12 § 5)

§ 19.72.090 Content of CIR.

Resident and Home Characteristics. A description of the characteristics of the following:

Eligibility. Identification of those persons entitled to relocation assistance per Section 19.72.080 (Relocation assistance).

Personal Information. Names, addresses, and contact information of mobile home owners and residents;

Relocated Residents. New addresses for residents who have already relocated, if available.

Relocation Plan. A relocation plan that specifies:

Replacement Housing. The type of replacement housing proposed for each resident (relocation to a comparable park, or rental or purchase of other housing); and

Timetable. A timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park.

Contact Information for Services. Names and contact information shall be provided for the following:

Relocation Specialist. The relocation specialist from the director's list with an explanation of the services available;

Appraisers. Names, contact information and fee schedules of qualified mobile home appraisers from the director's list.

Additional Information. Any additional information necessary to address the specific needs of residents and mobile home owners relevant to the park conversion, as determined by the director.

(Ord. 2983-12 § 5)

§ 19.72.100 CIR notice and informational meetings.

A copy of the CIR;

A copy of this chapter; and

The date, time, and location of each scheduled informational meeting and public hearing on the CIR.

(Ord. 2983-12 § 5)

§ 19.72.110 Notice to prospective residents.

(Ord. 2983-12 § 5)

§ 19.72.120 Waiver from relocation assistance obligations.

Required Information. To justify the basis for the request of a waiver from relocation assistance obligations, the applicant shall provide the following information with the CIR:

Estimated Relocation Costs. The estimated total cost of relocation assistance based on the requirements of Section 19.72.080 (Relocation assistance) and as determined by the relocation specialist;

Additional Information. Other information the applicant believes to be pertinent, or which may be required by the director.

(Ord. 2983-12 § 5)

§ 19.72.130 Findings and decisions.

Preparation, noticing, and distribution of the CIR has been done in compliance with this chapter; and

(Ord. 2983-12 § 5)

§ 19.72.140 Obligations after approval of CIR.

(Ord. 2983-12 § 5)

§ 19.73.010 Purpose.

(Ord. 3223-24, 2/6/2024)

§ 19.73.020 Eligibility.

The following housing development projects are eligible for by-right zoning approval.

The project is located on a site designated below; and

Downtown Specific Plan

116-124 Carroll Street (APN 209-05-036)

260 Charles Street (APN 165-13-053)

410 Charles Street (APN 165-03-002)

414 Charles Street (APN 165-03-001)

360 East Evelyn Avenue (APN 209-05-017)

380 East Evelyn Avenue (APN 209-05-018)

241-255 South Mathilda Avenue (APN 165-13-062)

259 South Mathilda Avenue (APN 165-13-063)

295 South Mathilda Avenue (APN 165-13-064)

425-427 South Mathilda Avenue (APN 165-03-003)

495 South Mathilda Avenue (APN 165-03-006)

475 West McKinley Avenue (APN 165-13-052)

495 West McKinley Avenue (APN 165-13-051)

El Camino Real Specific Plan

601 South Bernardo Avenue (APN 198-16-002)

629-675 South Bernardo Avenue - only for northerly portion of the lot zoned ECR-MU54, approximately 370-foot distance from E1 Camino Real (APN 198-16-004)

101-103 East El Camino Real; 576-590 South Murphy Avenue (APN 209-30-048)

105 East El Camino Real (APN 209-30-047)

107 East El Camino Real (APN 211-01-038)

111 East El Camino Real (APN 211-01-045)

121 East El Camino Real (APN 211-01-044)

125 East El Camino Real (APN 211-01-035)

151-161 East El Camino Real (APN 211-01-036)

556 East El Camino Real (APN 211-20-029)

561-587 East El Camino Real (APN 211-01-040)

576-594 East El Camino Real (APN 211-20-036)

592 East El Camino Real (APN 211-20-039)

595 East El Camino Real (APN 211-01-039)

596 East El Camino Real (APN 211-20-033)

598 East El Camino Real (APN 211-20-032)

144-152 West El Camino Real; 701-727 Sunnyvale-Saratoga Road (APN 201-37-012)

154-158 West El Camino Real (APN 201-37-011)

1205 West El Camino Real (APN 161-22-004)

1213 West El Camino Real (APN 161-22-005)

1234-1236 West El Camino Real (APN 198-16-007)

1238 West El Camino Real (APN 198-16-008)

1241-1249 West El Camino Real (APN 161-22-006)

1243-1253 West El Camino Real (APN 161-22-007)

1255 West El Camino Real (APN 161-22-008)

564 South Murphy Avenue (APN 209-30-050)

566-572 South Murphy Avenue (APN 209-30-049)

569 South Sunnyvale Avenue (APN 209-30-044)

575 South Sunnyvale Avenue (APN 209-30-045)

575 South Sunnyvale Avenue (APN 209-30-046)

Lawrence Station Area Plan

1155 Reed Avenue (APN 213-01-003)

1165 Reed Avenue (APN 213-01-002)

1164 Willow Avenue (APN 213-01-004)

Moffett Park Specific Plan

1272 Borregas Drive (APN 110-33-033)

1315-1327 Chesapeake Terrace (APN 110-37-014)

1313 Geneva Drive, 281-283 East Java Drive (APN 110-33-031)

1120 Innovation Way (APN 110-27-047)

241 East Java Drive (APN 110-33-035)

No address, to the northwest of 1265 Crossman Avenue (No APN, on common area parcel near APN 110-34-026)

No Specific Plan

420-450 Persian Drive (APN 110-29-008)

500 East Remington Drive (APN 211-23-019)

685 East Remington Drive (APN 211-20-046)

689-693 East Remington Drive (APN 211-20-047)

697 East Remington Drive (APN 211-20-045)

1110 Sunnyvale-Saratoga Road (APN 211-35-033)

1118 Sunnyvale-Saratoga Road (APN 211-35-003)

413-415 Tasman Drive (APN 110-29-006)

425 Tasman Drive (APN 110-29-005)

The housing development does not require a subdivision as defined in Title 18 of this code or applicable state law.

Permanent supportive housing as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq.

Low barrier navigation center as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq.

(Ord. 3223-24, 2/6/2024; Ord. 3226-24, 3/26/2024)

§ 19.73.030 Permit requirements.

(Ord. 3223-24, 2/6/2024; Ord. 3226-24, 3/26/2024)

§ 19.73.040 Review of application.

As provided by Government Code Section 65583.2(i), the housing development project is exempt from the California Environmental Quality Act.

Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

(Ord. 3223-24, 2/6/2024)

§ 19.74.010 Findings.

(Prior zoning code § 19.86.010; Ord. 2623-99 § 1)

§ 19.74.020 General requirements.

A fee in lieu of land dedication hereunder shall be required when:

An applicant is developing a multifamily residential unit project on land on which no park has been designated or proposed; or

Dedication is impossible, impracticable, or undesirable, as determined by the city; or

The proposed multifamily residential housing project contains twenty or fewer units.

(Prior zoning code § 19.86.020; Ord. 2623-99 § 1)

§ 19.74.030 Land requirement.

Effective Date	Acres of Property Per One Thousand Persons
Until June 30, 2010	1.75 acres
July 1, 2010 - June 30, 2011	2.25 acres
July 1, 2011 - June 30, 2012	3.00 acres
July 1, 2012 - June 30, 2013	3.5 acres
July 1, 2013 - June 30, 2014	4.25 acres
July 1, 2014 and thereafter	5.00 acres

(Prior zoning code § 19.86.030; Ord. 2623-99 § 1; Ord. 2911-09 § 3; Ord. 2951-11 § 2; Ord. 2953-11 § 3)

§ 19.74.040 Density formula.

Dwelling Category	Dwelling Units Per Net Acre	Acreage Requirement Per Dwelling Unit Within Housing Project
Dwelling Category	Dwelling Units Per Net Acre	Until June 30, 2010	July 1, 2010 to June 30, 2011	July 1, 2011 to June 30, 2012	July 1, 2012 to June 30, 2013	July 1, 2013 to June 30, 2014	July 1, 2014 and thereafter
Low density residential	7 or fewer	0.0048125	0.0061875	0.0082500	0.009625	0.0116875	0.01375
Low-medium density residential	Over 7 to 14	0.0043750	0.0056250	0.0075000	0.00875	0.010625	0.0125
Medium density residential	Over 14 to 27	0.0031500	0.0040500	0.0054000	0.0063	0.00765	0.009
High density residential	Over 27	0.0031500	0.0040500	0.0054000	0.0063	0.00765	0.009

A deduction for the number of existing dwelling units will be allowed in calculating the land dedication or in-lieu fees required pursuant to this chapter as set forth in Section 19.74.070.

(Prior zoning code § 19.86.040; Ord. 2623-99 § 1; Ord. 2911-09 § 3; Ord. 2951-11 § 2)

§ 19.74.050 Procedure.

(Prior zoning code § 19.86.050; Ord. 2623-99 § 1)

§ 19.74.060 Calculation of fair market value and payment of in-lieu fees.

(Prior zoning code § 19.86.060; Ord. 2623-99 § 1; Ord. 2630-99 § 2; Ord. 2911-09 § 4; Ord. 2953-11 § 4)

§ 19.74.070 Calculation of requirement.

For the purposes of the formula established by this section, the following definitions shall apply:

A	—	the acreage required per dwelling unit within the proposed residential housing project for park and recreational facilities from Section 19.74.040.
B	—	the number of dwelling units in the proposed residential housing project.
C	—	the fair market value per acre of land.
D	—	the number of existing dwelling units.
F	—	the in-lieu fee required.
L	—	the land required for dedication.

The following formula shall be used in calculating land required for dedication:

A x (B-D) = L

The following formula shall be used in calculating fees to be paid in lieu of land dedication:

A x (B-D) x C = F

(Prior zoning code § 19.86.070; Ord. 2623-99 § 1; Ord. 2630-99 § 2; Ord. 2911-09 § 4)

§ 19.74.080 Exemption.

Any dwelling units designated as affordable housing are exempt from the total number of dwelling units used in the calculations in Section 19.74.070.

(Prior zoning code § 19.86.080; Ord. 2623-99 § 1; Ord. 2976-12 § 14)

§ 19.75.010 Findings and purpose.

Findings. The city council finds that:

Regional housing prices and rents have increased at a significantly higher rate than regional wages;

Such housing impact fees are a necessary part of the city's efforts to meet the regional housing needs of the Bay Area as required by state law.

(Ord. 3057-15 § 2)

§ 19.75.020 General applicability.

Pipeline Projects. The following development projects shall be exempt from payment of the housing impact fees required in this chapter:

Projects for which a development application pursuant to this title has been filed and deemed complete by September 14, 2015.

Pipeline projects not subject to the new housing impact fees must pay any applicable housing mitigation fees that were in existence at the time the application was deemed complete.

(Ord. 3057-15 § 2; Ord. 3079-16 § 2)

§ 19.75.030 Housing impact fees for nonresidential development.

(Gross square feet nonresidential floor area) minus (existing square feet floor area) multiplied by (per square foot fee) equals (total housing impact fee).

Exemptions to Net New Gross Floor Area. The following areas are exempt from the net new gross floor area used in housing impact fee calculations for nonresidential developments:

Any incidental and accessory storage, structures or appurtenances, such as sheds, trash enclosures, ground-mounted equipment enclosures, garden features, trellises or shade structures;

Architectural design features not utilized for occupancy or storage;

For industrial, research and development or office uses:

Child care facilities for the care of children of on-site employees,

Freestanding amenities buildings for on-site employees with uses such as cafeterias, recreational and athletic facilities, gyms, showers and locker rooms, and

Buildings designed exclusively for the storage of hazardous materials;

Existing square feet floor area of structures that were vacated or demolished no more than twelve months prior to the filing date of the development application.

(Ord. 3057-15 § 2)

§ 19.75.040 Housing impact fees for rental housing.

(New habitable square foot area of all market-rate units) minus (existing habitable square foot area of all units) multiplied by (per square foot fee) equals (total housing impact fee).

All affordable units developed either on-site or off-site must remain affordable for a minimum period of fifty-five years.

"Hosted short-term rental"

(Ord. 3057-15 § 2)

§ 19.75.050 Waiver.

(Ord. 3057-15 § 2)

§ 19.75.060 Enforcement.

(Ord. 3057-15 § 2)

§ 19.75.070 Severability.

(Ord. 3057-15 § 2)

§ 19.76.010 Purpose and intent.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.020 Definitions.

For purposes of this chapter, the following definitions apply:

"Host"

means the person who is responsible for conducting the short-term rental activity and who is identified as the host in the application for approval submitted pursuant to this chapter.

"Hosting platform"

"Short-term rental"

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.030 Short-term rentals prohibited.

The short-term rental of residential property is a prohibited use in every zoning district in the city, with the exception of approved hosted rentals permitted pursuant to this chapter.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.040 Hosted short-term rentals-General requirements.

Hosted short-term rentals are allowed in any zoning district where residential uses are permitted subject to the following requirements:

The short-term rental activity must be approved by the director pursuant to Section 19.76.050.

Rental to unaccompanied minors under the age of eighteen is prohibited.

The host shall comply with all permit conditions and applicable local, state, and federal laws, including, but not limited to, health, safety, fire, and building codes.

The host shall obtain a business license, if required by Chapter 5.04 of this code.

The host shall collect and remit transient occupancy tax, in coordination with any hosting platform if utilized, pursuant to Chapter 3.16 of this code.

The host is responsible for ensuring the property does not become a nuisance due to the short-term rental activity.

The host shall not advertise or cause to be advertised any short-term rental that does not comply with all provisions of this chapter.

The host shall provide its individual approval number issued pursuant to Section 19.76.050 on any and all advertisements of short-term rentals.

(Ord. 3059-15 § 1; Ord. 3154-20 § 8; Ord. 3192-22 § 1)

§ 19.76.050 Hosted short-term rentals-Approval required.

No person shall undertake, maintain, authorize, aid, facilitate or advertise any hosted or short-term rental activity that does not comply with the provisions of this code.

The application for approval of short-term rental shall include the following:

Name, address and contact information of the host.

Any additional information or supporting materials to describe existing property conditions and the proposed operations as required by the director.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.060 Hosted short-term rentals-Hosting platform requirements.

Hosting platforms shall provide the following information to any user listing a short-term rental located within the city through the hosting platform's service:

Information regarding transient occupancy tax obligations;

All requirements of this chapter regulating short term rentals.

Hosting Platforms shall take immediate action to notify the host upon notification by the city of a violation of this chapter.

Hosting platforms shall take immediate action to deactivate an advertisement upon notification by the city of a revocation of approval pursuant to Section 19.76.070.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.070 Revocation of approval.

The approval of short-term rental may be revoked or modified by the director as follows:

Revocation. Following the hearing, the director may revoke the approval if the director makes one or more of the following findings:

The approval was obtained by fraud;

The short-term rental activity has been or is being conducted in violation of any provision of this code or other applicable law;

The conditions of approval have been or are being violated;

The short-term rental activity constitutes a public nuisance.

Appeal. The decision of the director is final. The decision may be appealed to the Superior Court.

A short-term rental in operation without approval is not subject to this section.

(Ord. 3059-15 § 1; Ord. 3192-22 § 1)

§ 19.76.080 Fees.

The city council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter.

(Ord. 3192-22 § 1; Ord. 3059-15 § 1)

§ 19.76.090 Violations a public nuisance-Penalties, nuisance abatement, and other remedies.

(Ord. 3192-22 § 1; Ord. 3059-15 § 1)

§ 19.77.010 Purpose.

Findings. The city council finds that:

A shortage of affordable housing is detrimental to the public health, safety and welfare in the city of Sunnyvale;

Federal and state housing subsidy programs are not sufficient by themselves to satisfy the housing needs of low income households;

Continued new development without housing at prices affordable to these persons will worsen the shortage of affordable housing; and

It is the city's goal and a public policy of the state of California to ensure there is adequate supply of housing for persons of all economic segments of the community.

(Ord. 3147-19 § 1)

§ 19.77.020 Definitions.

When used in this chapter, these terms mean the following:

"Affordable rental units"

"BMR compliance plan"

means a plan on the application form, and containing all of the information required by, the community development department to specify the manner in which affordable rental units will be provided.

"Affordable rent"

means dwelling units developed to be rented and affordable to low to very low income households and regulated by this chapter. "Affordable housing unit" means one affordable housing dwelling unit.

BMR rental housing guidelines.

means the body that is authorized to approve or deny a project application for land use approvals.

"Household"

means all those persons, related or unrelated, who occupy a single housing unit.

"Inclusionary units"

shall mean affordable rental units as defined in this section.

means a dwelling unit that is not subject to the occupancy or rental regulations in this chapter or any other affordability restrictions or covenants.

"Monthly rent"

means the monthly payment by tenants for a rental unit.

"Multi-family dwelling"

means three or more separate dwelling units such as apartments, townhouses, condominiums or other community housing projects used for occupancy by households living independently of one another.

"Rental unit"

means a residential unit that is not ownership housing.

"Special housing needs"

(Ord. 3147-19 § 1)

§ 19.77.030 Applicability.

Projects with applications that are complete on or before November 8, 2019, are subject to Chapter 19.75. Projects subject to this chapter are not subject to Chapter 19.75.

(Ord. 3147-19 § 1)

§ 19.77.040 Exemptions.

The following categories of rental housing shall be exempt from this chapter:

Rental housing projects of fewer than three units.

Multifamily dwelling rental projects that have received planning approval and those with planning applications deemed complete by the planning division by November 8, 2019.

Affordable housing projects in which 100% of the rental units to be built will be subject to a recorded restriction limiting occupancy to very low income or low income households at affordable rents.

The site has a General Plan land use designation of Village Mixed Use;

The site is not identified in the Housing Element as available for lower income housing;

The site is located north of El Camino Real;

The site is located entirely within a Village Center, and that Village Center is no more than 6.0 acres in size; and

The project has a minimum residential density of 13 dwelling units per acre (for the entire project site).

Floor Area Ratio of Commercial/Retail Uses	BMR Requirement
Over 5% to 10% FAR	5% affordable to low income; and
Over 5% to 10% FAR	2.5% affordable to very low income
Over 10% FAR	No requirement

(Ord. 3147-19 § 1; Ord. 3239-25, 3/25/2025)

§ 19.77.050 Base inclusionary requirement.

Affordability requirements for inclusionary units are listed in Section 19.77.070 of this chapter.

Any BMR Compliance Plan shall be processed concurrently with all other permits required for the project. Before approving the BMR Compliance Plan, the decision-making body shall find that the BMR Compliance Plan conforms to this section. The approved BMR Compliance Plan may be amended before issuance of a building permit for the development project. A request for a minor modification of an approved BMR Compliance Plan may be granted by the community development director if the modification is substantially in compliance with the original BMR Compliance Plan and conditions of approval. Other modifications to the BMR Compliance Plan shall be processed in the same manner as the original plan.

(Ord. 3147-19 § 1)

§ 19.77.060 Density bonus.

(Ord. 3147-19 § 1)

§ 19.77.070 Required affordability.

Table 19.77.070.A Required Affordability Levels
Income Level	Percentage of Project Units Required to be Affordable
Very Low Income	5%
Low Income	10%

The application of the minimum distributions will be as set forth in the following table:

Table 19.77.070.B Total Number of Affordable Units to be Built
	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15
Very Low Income Units	-	1	1	1	1	2	2	2	3	3	3	4	4	4	5
Low Income Units	1	1	2	3	4	4	5	6	6	7	8	8	9	10	10

Fractional Unit Requirements. In calculating the number of affordable units required, any fraction of a whole number shall be rounded up or down to the nearest whole number as shown in this section.

Table 19.77.090.C Sample Breakdowns With Rounded Number of Affordable Units
Project Unit Total	10	20	30	40	50
Very Low Income – 5% (rounded)	1	1	2	2	3
Low Income – 10% (rounded)	1	2	3	4	5

(Ord. 3147-19 § 1)

§ 19.77.080 Affordable housing unit development standards.

Affordable units are subject to the following development standards:

Location. Affordable units shall be distributed evenly throughout the project. The community development director may waive distribution requirement if:

Significant physical site constraints prevent even distribution; or

Granting the waiver would result in improved site or building design, or a more favorable location of the affordable units than would otherwise be provided; or

A portion of the land is being carved out to allow for structuring of a tax credit project that would provide greater affordability or services.

Timing of Construction. Affordable units shall be constructed in proportion to construction of the market rate units, unless otherwise approved by the community development director.

Parking. Parking for projects shall meet parking requirements as set forth in the city's municipal code and/or State Density Bonus Law.

(Ord. 3147-19 § 1)

§ 19.77.090 Affordability term.

(Ord. 3147-19 § 1)

§ 19.77.100 Alternative compliance options.

Payment of In-Lieu Fee. The applicant may pay an in-lieu fee, as follows:

In-lieu fee funds will be deposited in the city's housing mitigation fund.

Financial Contributions. The applicant's financial contributions to the partnership shall be at least equal to the amount of the in-lieu fee that would otherwise be due from the project and shall be held in trust by the city until needed by the partner to develop the affordable housing units. The proposed project with the Partner shall not have received other city financial contributions (such as land lease, housing mitigation fund or low/mod impact fund loan);

Site Acquired. The applicant or the partner has control of or the right to build on the site where the affordable housing units will be developed;

Funding Acquired. The partner has obtained legal commitments for all necessary financing, or the city has approved the financing plan for the affordable housing development;

Average Number of Bedrooms Per Unit. The average number of bedrooms per unit of the affordable housing units in the other project is comparable to the average number of bedrooms per unit in the project required to provide affordable rental housing. This requirement may be modified if the affordable housing units in the other project is designed to serve those with special housing needs which would not require an equivalent number of bedrooms per unit.

Affordability. Rental units shall be made affordable to low and very low income households;

Declaration of Restrictions. Dwellings converted into affordable rental housing shall be secured by recording a declaration of restrictions to bind the units to the requirements of Section 19.77.070;

Displacement. The conversion or preservation shall not displace any tenants, regardless of income level, through the following measures:

First Right of Return. The developer of a new development or rehabilitation project that would displace existing tenants shall provide each tenant the following rights:

The ability to return to a unit at the same level of affordability (measured in monthly rent) as the prior unit.

The ability to return to a unit of comparable size with the same or greater number of bedrooms.

Relocation Plan. Prior to project approval, conversion or preservation projects that would add, demolish, and/or rehabilitate rental units shall prepare, subject to approval by the community development director, a relocation plan that accounts for all tenants displaced by new construction or rehabilitation. The relocation plan shall ensure tenants are provided housing from the moment they are displaced until they are relocated into a replacement unit. The relocation plan must meet the following criteria:

Provide temporary housing within Sunnyvale or within 10 miles of the prior home.

Must not pay more in rent than paying in the prior home.

All costs of relocation must be paid for by the project sponsor.

Moving process between units must occur quickly and efficiently and to minimize the inconvenience of the tenant.

Replacement housing must be completed within one and one-half years to minimize impacts to tenants.

Other methods of mitigating affordable housing may be approved at the sole discretion of city council.

(Ord. 3147-19 § 1)

§ 19.77.110 Annual report.

(Ord. 3147-19 § 1)

§ 19.77.120 Enforcement.

In addition to the provisions in Section 19.98.140 (Violations), the following provisions also apply to the enforcement of this chapter:

Agents, Successors and Assigns. The provisions of this chapter apply to all agents, successors and assigns of the applicant.

(Ord. 3147-19 § 1)

§ 19.77.130 Appeals.

Any person aggrieved by a decision pursuant to this chapter may appeal the decision following the procedures in Section 19.98.070 (Appeals and calls for review).

(Ord. 3147-19 § 1)

§ 19.77.140 Severability.

(Ord. 3147-19 § 1)

§ 19.77.150 Waiver.

That the applicant will provide the most economical affordable units feasible, meeting the requirements of this chapter; and

That the applicant will benefit from the incentives for the project as described in this chapter and elsewhere in the City Code.

(Ord. 3147-19 § 1)

§ 19.78.010 Purpose and intent.

It is the purpose of this chapter to implement Section 65852.21 of the Government Code pertaining to the development of dual residential units on single-family lots.

(Ord. 3189-22 § 1)

§ 19.78.020 Applicability.

The development of dual urban opportunity (DUO) housing is allowed only on lots meeting all of the following criteria.

The lot is located in R-0, R-1, R-1.5, R-1.7/PD, or R-2 zoning districts, or residential DSP zoning districts.

The lot does not contain more than one existing dwelling unit, with or without accessory dwelling units.

(Ord. 3189-22 § 1)

§ 19.78.030 Impact on existing dwelling units.

The development of DUO housing is not allowed if the development would:

Demolish or alter any existing dwelling unit on the lot that has been occupied by a tenant in the last three years prior to the date of application; or

Except as provided in (a) above, an existing dwelling unit may be demolished or altered for purposes of developing DUO housing on the lot.

(Ord. 3189-22 § 1)

§ 19.78.040 Development requirements.

The following requirements apply to the development of DUO housing.

Lot splits. If the applicant proposes development of lots created through an urban lot split, the following requirements apply to each of the newly created parcels:

Each lot must be at least one thousand two hundred square feet in size and at least forty percent of the lot area of the original parcel.

Each parcel must adjoin the public right-of-way or have access to the right-of-way. The access must not be less than ten feet wide at any point.

Exclusive of any access to the right-of-way as required in this section, each parcel has a width or depth measurement of at least forty feet.

All other requirements of Chapter 18.26 of this code shall be met.

Number of units.

On lots created through an urban lot split pursuant to Chapter 18.26 of this code, a maximum of two dwelling units are allowed on each lot, inclusive of any accessory dwelling units.

Maximum Floor Area.

The maximum allowed floor area ratio for a lot developed under these regulations is forty-five percent or three thousand six hundred square feet, whichever is less.

The site is adjacent to a parcel zoned for a higher density residential land use or is zoned for mixed-use, commercial, or industrial development.

The project proposes setbacks that are equivalent, or exceed, all of the following:

The second story side setback of any structure must be a minimum of seven feet.

The first story rear setback of any structure must be a minimum of ten feet.

No second story structures are proposed within twenty feet of the rear property line.

The lot is adjacent to a development that exceeds forty-five percent floor area ratio.

The DUO units are attached.

(F)

The project proposes parking that meets, or exceeds, the minimum requirements in Chapter 19.46.

Setbacks.

In any two-story residential development, the front yard setback for the second story shall be not less than twenty-five feet.

The development must comply with all other applicable setback requirements in Chapter 19.34.

Building Standards. All applicable requirements of Title 16 (Buildings and Construction) shall be satisfied.

Building Separation. Dwelling units may be adjacent or connected provided that the structures meet building code safety standards, including standards sufficient to allow separate conveyance.

Entrances. Each dwelling unit shall have independent exterior access. Interior connections are permitted between a DUO unit and an accessory dwelling unit, but not between two DUO units.

Utility Connections. Each DUO unit shall have a separate utility connection and separate electrical panel.

Parking.

One covered off-street parking space is required for each DUO dwelling unit unless exempt as provided in this section.

If off-street parking is required or proposed, all parking spaces (covered and uncovered) must meet the minimum requirements of Section 19.46.050.

Exemption. Off-street parking spaces are not required if the parcel is either:

Less than one block from a car share vehicle.

Front Yard Paving. No more than fifty percent of the required front yard shall be paved with asphalt, concrete cement, or any other impervious surface.

(Ord. 3189-22 § 1)

§ 19.78.050 Design standards.

The following objective design standards shall be applied ministerially.

Architectural Style.

All residential structures on the lot must have the same architectural style and must comply with any adopted design guidelines applicable to the site.

Front wall façades longer than thirty feet shall provide a three-foot change in plane every thirty feet.

At least one of the entrances, excluding garages, to a DUO unit shall be visible from a public street adjoining the lot.

Second to first floor ratio shall not exceed thirty-five percent.

Height and Massing.

The maximum height for the rear twenty feet of a property is seventeen feet.

The maximum plate height is nine feet on the first floor and eight feet on the second floor.

A crawl space must not exceed two feet in height unless additional height is required by the chief building official.

Basements may not project more than two feet above finished grade.

Frontage.

The front setback must contain a landscaped area that has at least fifty percent landscaping.

If a garage is proposed for a project, the width of the garage shall not exceed fifty percent of the building frontage.

One fifteen-gallon or larger tree is required to be planted in the front yard of each lot.

No more than one driveway is permitted per DUO unit.

(Ord. 3189-22 § 1)

§ 19.78.060 Rental and sale of units.

Accessory dwelling units on the lot shall not be sold or conveyed separately from a DUO unit except as permitted by Government Code Section 65852.26.

(Ord. 3189-22 § 1)

§ 19.78.070 Permit requirements.

A miscellaneous plan permit is required for dual urban opportunity dwelling units allowed under this chapter.

The director shall ministerially approve a miscellaneous plan permit for dual urban opportunity dwelling units that meet the objective development and design requirements.

(Ord. 3189-22 § 1)

§ 19.78.080 Sunset clause.

This Chapter 19.78 shall become inoperative on the date that Government Code Section 65852.21 is repealed by legislative action, voter initiative or referendum.

(Ord. 3189-22 § 1)

Conversion accessory dwelling units;

Accessory dwelling units completely within a basement as defined in Section 19.12.030 of this code; and

Junior accessory dwelling units.

Non-streamlined accessory dwelling units include attached or detached new construction accessory dwelling units over 800 square feet in floor area.

Table 19.79.030. Streamlined and Non-Streamlined Accessory Dwelling Unit—Permit, Zoning and Design Standards Requirements
	ADU Type	Planning Permit Requirement	Additional Zoning and Design Standards Requirements¹
Streamlined ADUs	Attached or detached, new construction ADUs up to 800 sq. ft. area on lots with existing or proposed single-family dwelling	No planning permit; only a ministerial building permit	None
	Detached new construction ADUs on lots with existing or proposed multifamily dwelling structure
	Conversion ADUs
	JADUs
	ADUs completely within basement as defined in Section 19.12.030(4)
Non-Streamlined ADUs	Attached or detached, new construction ADUs over 800 sq. ft. area on lots with existing or proposed single-family dwelling	Ministerial MPP	Maximum zoning district lot coverage per Chapter 19.32²
			Floor area and FAR per Chapter 19.32²
			Minimum zoning district front and reducible front yard setbacks per Chapter 19.34
			Entrance on different wall planes facing street per Section 19.79.040
			Minimum distance from main building and accessory structures per Section 19.79.040³
			Design relationship to main building per Section 19.79.040⁴
			Solar access requirement per Section 19.79.040⁵
			Second floor window design per Section 19.79.040⁵

NOTES:
1	In addition to the standard requirements applicable for all new construction ADUs of minimum four-foot side and rear yard setbacks and height limitations per Section 19.79.040.
2	Additional area above 800 square feet shall count towards lot coverage, gross floor area, and FAR.
3	Applicable only for detached new construction ADUs over 800 square feet in area.
4	Applicable only for attached new construction ADUs over 800 square feet in area.
5	Applicable only for two-story or second floor level new construction ADUs over 800 square feet in area.

(Ord. 3240-25, 4/8/2025)

§ 19.79.040 General requirements.

The following requirements apply to all accessory dwelling units, unless otherwise noted:

Area. Accessory dwelling unit area shall include all interior areas within the dwelling unit, as measured from the outside dimensions of a building or wall.

Minimum Area. The area of each accessory dwelling unit shall be at least 150 square feet.

Building Requirements. All applicable requirements of Title 16 (Buildings and Construction) shall be satisfied, subject to the exemptions contained in Chapter 16.72 of this code.

Easements. Accessory dwelling units are not permitted in any portion of existing easements that prohibit the construction of permanent structures as noted in the easement.

Entrances. The accessory dwelling unit shall have a separate exterior access independent from the single-family or multifamily dwelling.

Enclosed accessory structures attached to accessory dwelling units shall have a separate exterior access independent from the accessory dwelling unit.

Height. The following height limitations apply to new construction accessory dwelling units:

Detached Accessory Dwelling Unit. The height of the unit as measured from the average finished grade within five feet of the structure shall not be more than the following:

16 feet on a lot with an existing or proposed single-family dwelling or single-story multifamily dwelling unit that does not meet the requirements of subsection (k)(1)(B), below.

18 feet on a lot with an existing or proposed multistory, multifamily dwelling structure.

Attached accessory dwelling Unit. 25 feet or the height limitation that applies to the main building, whichever is lower.

(l)

(m)

(n)

Number of Stories. Accessory dwelling units are limited to a maximum of two stories.

Short-Term Rentals. An accessory dwelling unit approved on or after January 1, 2020, shall not be used as a short-term rental as regulated by Chapter 19.76 of this code.

(s)

Second Floor Balconies or Decks. Balconies, second-story decks, and rooftop terraces are prohibited on all second floor or two-story-tall accessory dwelling units.

(t)

If the entrance to the accessory dwelling unit is above the first floor, it is not on the same building elevation as the entrance to the single-family or multifamily dwelling.

(u)

Second story window sills shall be at least five feet above the finished floor; or

Second story windows shall have opaque or translucent glazing if the sill height is within five feet above the finished floor.

(v)

Solar Access Requirement. Second floor or two-story non-streamlined accessory dwelling units shall meet the solar access requirement described in Chapter 19.56 of this code.

(w)

Setbacks for New Construction Accessory Dwelling Units.

(x)

Subdivisions. Nothing contained herein shall be construed to permit subdivisions of real property otherwise prohibited by this code or state law.

(y)

(z)

Other Legal Requirements. Accessory dwelling units shall comply with all other applicable legal requirements that are not inconsistent with this chapter.

(Ord. 3240-25, 4/8/2025)

§ 19.79.050 Requirements for lots with a single-family dwelling.

Number of Accessory Dwelling Units Allowed Per Lot.

On a lot with multiple detached single-unit dwellings, one conversion accessory dwelling unit and one new construction accessory dwelling unit are allowed per lot.

Each lot may only have either one, but not both, of the following types of attached accessory dwelling units:

Conversion accessory dwelling unit created by conversion of existing space within a single-family dwelling or space within a proposed single-family dwelling; or

Attached new construction accessory dwelling unit.

New Construction Accessory Dwelling Units.

Size. The total floor area of the unit shall not be more than 1,000 square feet gross floor area. There shall be no restrictions on the number of bedrooms.

Detached Accessory Dwelling Units.

Zoning and Design requirements for Non-Streamlined Accessory Dwelling Units. Refer to Table 19.79.030 and 19.79.060 for zoning and design requirements for non-streamlined accessory dwelling units.

Conversion Accessory Dwelling Units.

Location. A conversion accessory dwelling unit is located:

Entirely within the interior space of the existing or proposed single-family dwelling; or

Junior Accessory Dwelling Units.

Efficiency Kitchen. The junior accessory dwelling unit, at a minimum, shall include an efficiency kitchen per Government Code Section 66333, which includes:

A cooking facility with appliances; and

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded on the title of the affected property stating all of the following:

One of the dwelling units on the lot shall remain owner-occupied unless the owner is a governmental agency, land trust, or housing organization.

The junior accessory dwelling unit shall not be sold separately from the sale of the single-family residence.

A statement that these deed restrictions are enforceable against future purchasers.

(Ord. 3240-25, 4/8/2025)

§ 19.79.060 Requirements for lots with a multifamily dwelling structure.

The following requirements apply to lots with an existing or proposed multifamily dwelling structure:

Detached New Construction Accessory Dwelling Units.

Number.

On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units are allowed.

Conversion Accessory Dwelling Units.

Within any portion of the habitable area of an existing dwelling unit in a multifamily dwelling structure.

Within accessory structures such as carports, utility buildings, and community rooms.

(Ord. 3240-25, 4/8/2025)

§ 19.79.070 Summary of applicable standards.

Table 19.79.070. Applicable Standards for New Construction, Conversion and Junior Accessory Dwelling Units on Single-Family and Multifamily Residential Lots.
	New Construction ADUs	Conversion ADUs	JADU
Location	Lots with existing or proposed single-family or multifamily dwellings.	Lots with existing or proposed single-family, or existing multifamily dwellings	Contained entirely within the walls of an existing or proposed single-family dwelling.
Number
Single-Family Dwelling	One¹	One¹	One
Multifamily Dwelling	Existing multifamily: 2 to 8 detached⁷	25% of existing units (minimum of one allowed)	None
Multifamily Dwelling	Proposed multifamily: Maximum 2 detached	25% of existing units (minimum of one allowed)	None
Size	150 sq. ft. minimum	150 sq. ft. minimum	150 sq. ft. minimum
Size	1,000 sq. ft. maximum²	No maximum	500 sq. ft. maximum
Height	16 feet for a detached ADU on a single-family or single-story multifamily lot³	n/a	n/a
	18 feet for a detached ADU on a multistory, multifamily lot³
	25 feet for an attached ADU

	Up to 800 sq. ft. area⁴	Over 800 sq. ft. area^4,9	Conversion ADU^4,5,6	JADU^4,5
Independent exterior entrance	Yes	Yes⁸	Yes	Yes
Setbacks (first and second floor)
Front	n/a	Zoning setback¹⁰	n/a	n/a
Reducible front (longer street frontage of corner lots)	n/a	Zoning setback¹⁰	n/a	n/a
Side	4 feet	4 feet	n/a	n/a
Rear	4 feet	4 feet	n/a	n/a
Combined side	n/a	n/a	n/a	n/a
Distance from main building or accessory structures	n/a	5 feet (only applicable to detached ADUs)	n/a	n/a
Solar access requirement (for second floor ADUs)	n/a	Per Section 19.56.020	n/a	n/a
Required rear yard encroachment	n/a	n/a	n/a	n/a
Lot coverage	Exempt	Area over 800 sq. ft.	Area over 800 sq. ft.	Exempt
Floor area ratio	Exempt	Area over 800 sq. ft.	Area over 800 sq. ft.	Exempt
Design relationship to main building	n/a	Yes, per Section 19.79.040	n/a	n/a
Second story windows	n/a	Yes, per Section 19.79.040	n/a	n/a
Deed restriction requirement	n/a	n/a	n/a	Yes, per Section 19.79.040

Notes:
1	Each single-family dwelling lot or multiple detached single-unit dwellings on a lot may have either one, but not both, of the following: (1) conversion accessory dwelling unit created by conversion of parts of an existing or space within a proposed single-family dwelling, or one attached new construction accessory dwelling unit.
2	This maximum size applies to lots with an existing or proposed single-family dwelling.
3	18 feet on a lot that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
4	Setbacks must also comply with any recorded utility easements or other previously recorded setback restrictions.
5	The existing dwelling and accessory structure must meet the California Building Standards.
6	If the existing single-family dwelling or accessory structure is expanded not more than 150 square feet for the sole purpose of accommodating ingress and egress, the side and rear setbacks shall be sufficient for fire and life safety; the generally applicable four-foot setbacks shall not be required.
7	Number of accessory dwelling units shall not exceed the existing number of units on the lot prior to addition of accessory dwelling units.
8.	The entrance to the accessory dwelling unit and the entrance to the single-family dwelling shall not be on the same wall plane facing the public street as defined in Section 19.79.040 of this chapter.
9	Detached new construction ADUs on lots with existing or proposed multifamily dwelling units with at least four-foot side and rear yard setbacks, and which comply with height requirements per Section 19.79.040 are not subject to the additional requirements for new construction ADUs over 800 square feet.
10	Zoning setback means the setback required in the applicable zoning district.

(Ord. 3240-25, 4/8/2025)

§ 19.79.080 Utility connections.

The following accessory dwelling units shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges:

Junior accessory dwelling units.