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Sunnyvale Council advances rezoning package to align zoning with existing residences, add ITR sites for future housing

2159238 · January 29, 2025
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Summary

Council introduced four ordinances and adopted a resolution to rezone multiple properties — including 27 legal nonconforming single‑ and two‑family homes — and to add ITR (Industrial to Residential) combining districts on selected industrial parcels. Council voted 7‑0 to introduce the ordinances and find the action exempt from CEQA.

The Sunnyvale City Council on Jan. 28 introduced a package of zoning and general‑plan amendments intended to regularize existing residential uses and enable future residential redevelopment on selected industrial parcels.

At the meeting Associate Planner Wendy Lau told the council the effort has four parts: bring 27 legal nonconforming single‑family and two‑family residences into residential zoning; rezone several previously designated ‘‘ITR’’ (industrial‑to‑residential) combining district parcels that have already been redeveloped to residential; add the ITR combining district on three industrial‑zoned properties in East Sunnyvale to allow future redevelopment; and amend the zoning code so that once an ITR site transitions to residential it cannot be returned to industrial use.

Why it matters: The changes are aimed at aligning zoning and general plan designations with on‑the‑ground uses, reducing legal nonconforming status for long‑standing homes and allowing the city to plan for housing capacity identified in the housing element. At the same time, staff flagged environmental considerations for some East Sunnyvale sites where contamination or deed restrictions currently limit residential use.

What council approved for introduction: Council adopted a motion to pursue staff’s recommended “Alternative 1,” which staff presented as a set of ordinances and a resolution to (a) rezone 27 properties to residential zoning consistent with the general plan; (b) remove ITR overlay from some previously transitioned parcels; (c) add ITR/R‑3/PD to three East Sunnyvale industrial parcels (sites 1–3) to allow future residential redevelopment; and (d) amend Sunnyvale Municipal Code section 19.26.120 to prevent returning redeveloped ITR parcels to industrial use. The Planning Commission had recommended approval on Jan. 13 by a 6‑0 vote.

Environmental and safety notes: Staff said the actions are exempt from the California Environmental Quality Act as set out in the staff report. For some East Sunnyvale parcels the record notes environmental contamination or deed restrictions that currently prevent residential use; staff said any future redevelopment proposals on those sites will require clearance and oversight from the appropriate environmental regulators before the city would approve residential permits.

Council discussion and public comment: Council members asked detailed questions about the parcels along Charles Street, Waverly and Pastoria where long‑standing single‑family homes are currently zoned nonresidential. Council Member Mellinger noted that some homeowners have been unable to expand homes because of nonconforming zoning. Staff explained those parcels were legal residences established when residential uses were allowed in a wider set of zoning districts years ago and that the proposed rezones will regularize those uses.

Safety and cleanup: Council members also asked about groundwater and historical contamination for parcels near Deguine and Stewart drives. Staff said past Superfund and water board processes and site‑specific mitigation (soil removal, vapor barriers) have been used on similar Sunnyvale redevelopment projects; any future residential project will need the appropriate state or federal cleanup agency clearances before the city issues permits.

Vote and next steps: Council Member Mellinger moved Alternative 1 and Council Member Srinivasan seconded. City Clerk recorded the motion as carrying 7‑0. Staff will return for second reading of the ordinances as required by law (the ordinances will become effective 30 days after adoption following second reading) and will work with property owners and environmental regulators as individual development proposals move forward.

Ending: The introduced ordinances and the accompanying code amendment create a path for several existing homes to be formally recognized as residentially zoned and for selected industrial parcels to be eligible for future residential projects contingent on environmental clearance and subsequent entitlements.