City of Sunnyvale, CA Definitions

"Accessory structure" means a detached subordinate structure, with or without a foundation, the use of which is incidental to that of the main building or to the use of the land on the same lot. Types of accessory structures include:

Detached Habitable Spaces. An accessory structure which is detached from the main structure and meets the minimum requirements of the building code for human occupancy. For the purposes of this subsection, detached habitable spaces do not have cooking and/or eating facilities and may not qualify as accessory living units. If a detached habitable space has cooking and/or eating facilities, it is regulated as an accessory living unit.

Detached Required Parking. An accessory structure which is detached from the main structure and is designed for, devoted to, or intended to meet the parking requirements for the property. Garages or carports that are not intended to meet required parking are classified as utility buildings as defined herein.

Open Garden Feature. An accessory structure which does not have solid walls, is less than fifty percent covered, and is primarily intended as a decorative garden feature. Open garden features typically include arbors and trellises. Garden features which are fifty percent covered or more are classified as utility buildings as defined herein.

Open Outdoor Equipment. Accessory equipment or structures which are not roofed, do not have solid walls and are primarily intended for recreation or outdoor cooking. Outdoor equipment may include play structures such as swings, trampolines, and jungle gyms, outdoor fireplaces or accessory cooking areas such as barbecues and ovens. Play houses and other enclosed equipment is classified as utility buildings as defined herein.

Temporary Utility Tents. These structures are built with lightweight poles, typically plastic or aluminum, that are covered with a tarp or other similar temporary materials. They may be freestanding or embedded into the ground. Temporary utility tents include car tents, vehicle awnings, and other similar types of covers and are intended to cover vehicles or other types of storage. Temporary utility tents may not be installed for longer than ninety days in a one-year period.

Utility Building. An accessory structure which cannot be categorized as detached required parking, detached habitable space, open garden feature, open outdoor equipment or temporary utility tent. Utility buildings include detached patio covers, tool sheds, storage sheds, workshops, greenhouses, animal shelters, gazebos, enclosed play houses, and other similar uses.

"Accessory dwelling unit" means a secondary residential dwelling unit located on the same lot as an existing or proposed single-family dwelling, or which is added to a lot containing an existing multi-family dwelling structure. An accessory dwelling unit includes an efficiency unit as defined in California Health and Safety Code Section 17958.1 and a manufactured home as defined in California Health and Safety Code Section 18007. Types of accessory dwelling units include:

Junior Accessory Dwelling Unit. An accessory dwelling unit that is entirely contained within the walls of a single-family dwelling, is no more than five hundred square feet gross floor area in size, and includes provisions for living, sleeping, eating, and cooking. A junior accessory dwelling unit may have separate sanitation facilities, or may share sanitation facilities with the single-family dwelling.

Standard Accessory Dwelling Unit. An attached or detached accessory dwelling unit that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.

"Accessory use" means a use which is subordinate or supplementary to a main use.

"Adjacent to a property in a residential zoning district" means any property (including a corner lot) sharing a common property line with a property which is located within a residential zoning district as defined by this title. Properties separated by a street (except State Highways 85 and 237 and U.S. Highway 101) shall be deemed to have a "common property line."

"Adult day care center" means a use in which individuals eighteen years or older receive non-medical care and supervision for less than a twenty-four-hour period for compensation or profit.

"Adverse conditions, covenants and restrictions for solar access" means any agreement or provision thereof, which effectively prohibits or penalizes the installation or use of solar collectors, including, but not limited to, those conditions, covenants and restrictions which do so by:

Prohibiting the installation or use of ancillary structures upon buildings;

Restricting the permissible height of roof-mounted structures; or

Delegating building design review authority, capable of being exercised in a manner inconsistent with the terms of this title, to an architectural review committee or similar private entity.

"Affordable housing" means dwelling units with a requirement or obligation to be rented or owned by households and individuals whose income meets the definition of moderate or below as determined by the California Department of Housing and Community Development guidelines and adjusted for household size.

"Affordable housing development" means a development on a site where all dwelling units meet the definition for affordable housing.

"Alteration" means any exterior change or modification to an improvement or site which affects the exterior architectural features of property.

"Animal hospital" means an establishment where animals or pets are given medical or surgical treatment by a licensed veterinarian and are cared for during the time of such treatment. Boarding of treated animals shall be limited to short-term boarding and shall be only incidental to such hospital use. Other commonly used term for this use includes veterinary clinics.

"Animal boarding" means a premises where pet animals owned by another person are temporarily boarded for pay, trade, barter, commission, or remuneration of any sort; provided, however, this definition shall not a pply to zoos or to animal hospitals operated by licensed veterinarians.

"Animal grooming service" means any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.

"Animal shelter" means a facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfa re society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protectio n, and humane treatment of animals.

"Antenna" means any system, external to or attached to the exterior of any building, of wires, poles, rods, discs or similar devices used for the transmission and/or reception of radio, television or other communication signals.

"Antenna, directional" (also known as a "panel" antenna) means an antenna which transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty degrees.

"Antenna, dish" means any antenna, external to or attached to the exterior of any building or structure, which is parabolic or semicircular in cross-section.

"Antenna, façade mounted" means any antenna, directly attached or affixed to the elevation of a building, tank, tower, or other structure.

"Antenna, ground mounted" means any antenna with its base, single or multiple posts, placed directly on the ground or a mast less than fifteen feet tall and not greater than six inches in diameter.

"Antenna, omnidirectional" means an antenna which transmits and/or receives radio frequency signals in a three hundred sixty degree radial pattern.

"Antenna, parabolic" (also known as "satellite dish antenna") means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication signals in a specific directional pattern.

(g)

"Antenna, portable" means any device used to transmit and/or receive electromagnetic or radio frequency communication signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.

"Apartment" means a building designed for or occupied by three or more families living independently of each other, but not including boardinghouses or lodginghouses, hotels, motels, mobile or trailer homes, condominiums, community apartments or stock cooperatives.

"Apartment vacancy rate" means the number of apartments being offered for rental or lease in the city of Sunnyvale, shown as a percentage of the total number of apartments both being offered for and actually under rental or lease agreement.

"Applicant" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks city real property development permits or approvals.

(18)

"Appurtenant" means something that belongs with or to a more important thing, as in appurtenant uses.

(19)

"Art gallery" means an establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. This definition excludes libraries, museums, or non-commercial art galleries.

(20)

"Artist studio" means a workspace for one or more artists or artisans, including the accessory sale of art produced on the premises and which does not include any dwelling space.

(21)

"Assisted living facility" means a facility that provides primarily nonmedical resident services to seven or more individuals in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the individual on a twenty-four-hour-a-day basis. Members of the resident family or persons employed as facility staff are excluded.

(22)

"Association" means the organization or person owning a lot, parcel, area, condominium or right of exclusive occupancy in a community apartment project.

(23)

"Automobile dealership" means any use of a building or property for which the display, sales, lease, or rental of new or used automobiles, trucks, vans, trailers or recreational vehicles, and may include warranty repair work or repair services. For properties with three or fewer vehicles in inventory, see "Automobile showroom."

(24)

"Automobile/vehicle service and repair" may be classified as either "major" or "minor." "Major" service and repair includes, but is not limited to: engine overhaul; bodywork; and customizing of any vehicles. "Minor" service and repair includes, but is not limited to, battery replacement; small part changes; tire repair; brake servicing; touch-up painting; oil changes; lubrication; engine tune-ups; radio replacement; detailing; cleaning; and other similar activities.

(25)

"Automobile service station" means premises offering the retail sale of motor vehicle fuel, lubricating oils, tires or other incidental vehicular accessories, and/or providing routine vehicular maintenance and minor servicing (such as replacement of minor parts and accessories, tune-up and lubrication, or tire repair) or related and accessory sales and services, which do not produce excessive noise or require outdoor storage of vehicles or parts. As permitted, it may also include retail sales of groceries, and may include the sale of beer and wine. "Automobile service station" does not include major automobile/vehicle repair.

(26)

"Automobile showroom" means any use of a building for the display, sales, lease, or rental of new or used automobiles, trucks, vans, trailers or recreational vehicles, with a maximum of three vehicles available in inventory outside the showroom and does not include any repair work or services.

(27)

"Automobile wrecking yard" means the dismantling or disassembling of motor vehicles or trailers, the storage, sale or dumping of dismantled, obsolete or wrecked vehicles, or their parts, and the towing of such vehicles or parts in conjunction with such activity.

(Prior zoning code §§ 19.09.020, 19.24.020(a)(1), 19.70.020, 19.80.050, 19.84.010, 19.88.020, 19.92.020, 19.96.010, 19.98.010; Ord. 2623-99 § 1; Ord. 2721-03 § 1; Ord. 2802-06 § 1; Ord. 2810-06 § 1; Ord. 2831-07 § 1; Ord. 2848-07 § 1; Ord. 2875-08 § 1; Ord. 2907-09 § 1; Ord. 2966-11 § 1; Ord. 2983-12 § 1; Ord. 2988-12 § 1; Ord. 3105-16 § 2; Ord. 3154-20 § 1; Ord. 3189-22 § 3; Ord. 3218-23 § 1)

§ 19.12.030 "B".

"Bakery" means an establishment which prepares and sells retail baked goods, for consumption off-premises. Bakeries which operate as wholesale distributors are not included in this definition.

"Bar" means a business establishment which has, as its primary business the sale of alcoholic beverages for consumption on the premises and where, if food is served, it is incidental to the sale of beverages, as defined by the Department of Alcohol Beverage Control.

"Basement" means a space partially or wholly underground and having more than one-half its height, measured from its floor to its finished ceiling, below the average adjoining ground level. If the finished floor level directly above a basement is more than six feet above the average adjoining ground level, such basement shall be considered a building story.

"Bedroom" means any room intended for or capable of being used for sleeping purposes. For example, a room designated as a "den," "study," "loft," "library" or other extra room is considered a bedroom. A kitchen, living room, dining room or bathroom is not a bedroom.

"Bicycle parking, secured" means bicycle parking facilities located in convenient, safe, clean and well-lighted areas, near building entrances, out of pedestrian paths, and within view of windows, security offices or high volumes of pedestrian traffic. Secured bicycle parking shall be protected from the weather and have surfaces that are mud, dust and debris free, and not be adjacent to car parking or traffic lanes without adequate protection. Secured bicycle parking devices shall include the following: lockers; or enclosed, locked limited access areas with rigid metal racks or fixed stationary objects which allow the bicycle frame and both wheels to be locked with a bicycle locking device or the bicyclist supplying a lock and six-foot cable. Secured bicycle parking shall be located in a flat area on the ground level. If located within a building, secured bicycle parking shall be easily accessible on the ground floor or by elevator to other floors. Reasonable and sufficient ingress and egress must be provided so that a bicycle may be easily moved in and out of the locker or locked limited access area.

"Boardinghouse" means a building, or portion thereof, where sleeping facilities and regular meals for three or more persons are provided for compensation or profit. "Boardinghouse" does not include hotels, motels or mobile or trailer homes.

"Bonus floor area ratio development" describes nonresidential developments that exceed the allowed base FAR.

"Boundary line" with regard to undergrounding of utilities means the interior, periphery property lines of a lot or parcel, and does not refer to any frontage or right-of-way property line.

"Build-to lines" are the same as front yard setback lines, except that a minimum of seventy-five percent of the building façade base must be constructed at the street frontage setback line. Applicable build-to lines for the El Camino Real Specific Plan district are identified in Chapter 19.36.

"Building" means any structure having a roof supported by columns or walls for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.

"Building height" means the vertical distance measured from the top of the curb closest to the main building, or if there is no curb, from the highest point of the street adjacent to the main building, to the highest point of the main building.

"Building, main" means the building in which is conducted the principal use of the lot on which it is situated.

"Building official" means the officer or other person charged with the administration and enforcement of the building code, or designee.

"Build It Green (BIG)" means the Build It Green organization.

"Building story" means that portion of a building between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

"Bus terminal or station" means any premises used for the temporary storage or parking of motor-driven buses and for the loading and unloading of passengers.

"By-right zoning" means sites designated in Chapter 19.73 of this code where housing development is entitled to be reviewed as a use by right under state law.

(Prior zoning code §§ 19.04.030, 19.30.030, 19.88.020, 19.92.020; Ord. 2623-99 § 1; Ord. 2894-09 § 1; Ord. 2976-12 § 4; Ord. 2988-12 § 2; Ord. 3194-22 § 4; Ord. 3218-23 § 1; Ord. 3223-24, 2/6/2024)

§ 19.12.040 "C".

"Cardroom" means any establishment where any card game is played for currency, check, credit or any other thing of value.

"Child care center" means a building or portion thereof in which nonresident children under eighteen years of age receive care and supervision for less than a twenty-four-hour period. "Child care center" includes infant centers, preschools, centers for mentally ill children and extended day care of school-age children but does not include "family daycare homes."

"Business sponsored" means a child care center sponsored by the business located on the same site and for the care of children of employees who work on-site or at other off-site facilities of the business located within the city of Sunnyvale.

"Civic events" means community events or activities of general public interest, open to the public, and which may or may not be sponsored or co-sponsored by a governmental agency or department.

"Combining district" means a zoning district within which certain regulations and requirements apply in addition to, or combined with, the regulations and requirements of another zoning district.

"Commercial coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial uses, which is required to be moved under permit, and shall include a trailer coach as defined in Vehicle Code Section 635, or successor section.

"Community housing and community housing project" includes the following:

A condominium project, as defined in California Civil Code Section 1351, or successor section, containing two or more condominiums, as defined in California Civil Code Section 783, or successor section;

A community apartment project as defined in California Business and Professions Code Section 11004, or successor section, containing two or more rights of exclusive occupancy; and

A stock cooperative, as defined in California Business and Professions Code Section 11003.2 or successor section, containing two or more rights of exclusive occupancy.

"Community room or club house" means a general purpose room, or stand alone or attached building, containing bathrooms, kitchen facilities and meeting space within a multiple-family residential development for purposes of holding meetings, parties and other general activities for use by all members of the residential community.

"Compliance threshold" means the minimum number of points or rating level of a green building rating system that must be attained for a particular covered project, as outlined in the Green Building Tables.

"Condominium" means a building or group of buildings in which units are individually owned, and the structure(s), common areas and facilities are owned by all the owners on an undivided basis.

"Congregate residence" means any building or portion thereof which contains facilities for living, sleeping and sanitation, as required pursuant to the Uniform Building Code, and may include facilities for eating and cooking, for nontransient occupancy primarily by persons eighteen years old and older, in which the responsibilities for rent, housekeeping, cooking and other household maintenance chores are shared among the occupants.

"Convalescent hospital" means a residential facility where two or more nonrelated ill, injured or elderly persons who are unable to care for themselves are provided living and sleeping facilities, meal preparation and health care for compensation.

"Convenience market or food store" means a retail establishment which carries a limited inventory, and sells such items as prepackaged food products, small household items and other goods commonly associated with the same, primarily for off-premises consumption or use.

"Conversion of rental housing to a community housing project" means a change in the type of ownership of a parcel or parcels of land, from a use that is not a community housing or community housing project use, together with the existing or added structures, regardless of the present or prior use of such land and structures or whether such structures have been previously occupied, to any of the types of ownership interests defined under community housing and community housing projects.

"Converted covered parking" means a change in use in or design of a carport or garage which renders the space permanently unsuitable for parking purposes or fails to maintain minimum required parking space dimensions.

"Corner vision triangle." For definition, see Section 19.34.060 (Vision triangles).

"Copy height" means the height of the tallest number or letter on a sign. For wall signs mounted on a multipletenant building and not consisting of individual letters, the copy height is the height of the sign face. Logos shall not be included in calculations of copy height.

"Creation space" means floor area designed for and leased to production, distribution, repair businesses, art or crafting, clean manufacturing, construction industries, start-up spaces, or spaces for other similar creation space.

(Prior zoning code §§ 19.04.040, 19.84.010, 19.92.020, 19.98.010; Ord. 2623-99 § 1; Ord. 2793-05 § 1; Ord. 2894-09 § 1; Ord. 2981-12 § 5; Ord. 2983-12 § 2; Ord. 2987-12 § 5; Ord. 3004-13 § 1; Ord. 3065-15 § 1; Ord. 3208-23 § 3; Ord. 3218-23 § 1)

§ 19.12.050 "D".

"Daytime" means the period from seven a.m. to ten p.m. daily.

"Delivery" means the delivery or pickup or the arrival for delivery or pickup of goods, wares and merchandise by the use of a motorized vehicle, other than an automobile or train.

"Design intent" means that the building plans shall include all green building aspects as prepared and certified by a qualified, accredited green building professional and does not include LEED or BIG certification.

"Designated heritage resource" means a heritage resource which has specific elements which are expressly found to meet one or more of the criteria of the National Register of Historic Places as established by the Secretary of the Interior and incorporated by reference into this code and which has been designated and determined to be appropriate for preservation by the city council and has been recognized by the state or the nation to be historically significant.

"Designated heritage resource district" means a heritage resources district which has specific elements which are expressly found to meet one or more of the criteria of the National Register of Historic Places as established by the Secretary of the Interior and incorporated by reference into this code and which has been designated and determined to be appropriate for preservation by the city and has been recognized by the state or the nation to be historically significant.

"Developer of the conversion of rental housing to a community housing project" means the owner or subdivider with a controlling proprietary interest in the community housing project, or the person or organization making application.

"Direct broadcast satellite service (DBS)" means a system in which signals are transmitted directly from a satellite to a small (not exceeding thirty-nine inches) home receiving dish.

"Director of community development" means the director of the department of community development of the city of Sunnyvale or the director's designee. In this title, the term "director" is the same as "director of community development."

"Donation center for used household goods" means a "trailer" or "semitrailer" as defined by California Vehicle Code Sections 630 and 550 respectively, or successor sections, used solely as a collection facility for public donations of articles of personal property other than commercially recyclable component products such as metals, paper, glass, automobile parts or oil, building supplies, and similar materials.

"Drive-through business" means any commercial, retail, financial or other business operation designed for and characterized by transactions directly between a stationary establishment and customers occupying motor vehicles.

"Driveway vision triangle." For definition, see Section 19.34.060 (Vision triangles).

"Dual urban opportunity dwelling unit" or "DUO unit" means one of the independent dwelling units in a dual urban opportunity housing development approved pursuant to Chapter 19.78 of this code. An accessory dwelling unit approved pursuant to Chapter 19.79 of this code is not considered to be a dual urban opportunity dwelling unit.

"Dwelling" means a use which contains one or more separate dwelling units, used exclusively for residential purposes. "Dwelling" includes transitional and supportive housing, but does not include hotel, motel, boarding house, lodging, mobile or trailer home.

"Single-family dwelling" means one detached dwelling unit on a single lot used for occupancy by one family, and containing only one kitchen.

"Two-family dwelling" means two dwelling units that are attached, such as a duplex, or detached on a single lot, used for occupancy by two families living independently from one another.

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

"Dwelling unit" means any building or portion thereof, occupied or intended for occupancy by one family as a residence or living quarters, with cooking, sleeping and sanitary facilities, and having not more than one kitchen.

(Prior zoning code §§ 19.04.050, 19.24.020(a)(2)—(4), 19.70.020, 19.80.050, 19.81.030, 19.84.010, 19.88.020, 19.98.010; Ord. 2623-99 § 1; Ord. 2894-09 § 1; Ord. 2966-11 § 2; Ord. 2976-12 § 5; Ord. 2981-12 § 6; Ord. 2983-12 § 3; Ord. 3004-13 § 2; Ord. 3065-15 § 2; Ord. 3189-22 § 4)

§ 19.12.060 "E".

"Ecological or environmental enhancements" means on-site or off-site improvements related to ecological enhancement or environmental stewardship.

"Education—Recreation and enrichment" means a facility which is used primarily for teaching learned skills to children or adults for purposes of recreation, amusement or enrichment. It includes uses such as karate studios, music and dance studios, arts and crafts studios, and tutoring centers. It does not include licensed day care centers and pre-schools, facilities for primary and high school education, and institutions of higher learning. It also does not include retail uses such as music stores, and recreational and athletic facilities such as fitness centers, bowling alleys, and ice skating rinks, where scheduled classes may be offered, but such classes are ancillary to the primary use.

"Education—Primary and high school" means a state licensed facility for kindergarten through 12th grade education.

"Education—Institution of higher learning" means any business, professional, technical, or trade school where training is conducted and educational credits, degrees or certificates of completion are earned or granted for students over the age of eighteen. Also included are post-secondary institutions for higher learning that grant associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor certificates of completion in business or technical fields.

"Electric distribution substation" means an electric substation with a primary voltage of one hundred ten kV or less with distribution circuits served therefrom.

"Electric transmission substation" means an electric transformation or switching station with a primary voltage of sixty kV or higher without distribution circuits served therefrom.

"Electric vehicle charging facility" means a facility with a cluster of component assemblies designed specifically to charge batteries within electric vehicles. This facility should also support charging other two-wheeled electric vehicles, including, but not limited to, electric scooters and electric bicycles.

"Emergency" means essential activities necessary to restore, preserve, protect, or save lives or properties from imminent danger or loss or harm.

"Electromagnetic" means an electromagnetic wave, which is an electrical wave propagated by an electrostatic and magnetic field of varying intensity.

"Elevations" means a flat scale drawing of the front, rear, or side of a building or structure.

"Emergency shelter" means any facility with on-site management and security that provides temporary overnight sleeping accommodations for a maximum of thirty days and minimal supportive services for homeless persons.

"Emission" means the electromagnetic energy propagated from a source by radiation or conduction.

"Entertainment establishments" mean places of entertainment open to members of the public with or without charge, and whether food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises is or is not served, and in which entertainment is offered or performed consisting of:

Any act, play, review, pantomime, scene, dance act, or song and dance act, or poetry recitation, performed by one of more persons whether or not such person of persons are compensated for such performance; or

The exhibition of motion pictures; or

Any fashion or style show (except one conducted by a nonprofit club, organization, or association, as a part of the social activities of such club, organization, or association and to which members of the general public are not invited, or one conducted as a part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel), or any combination of the foregoing.

"Exercise" in the context of commencement of a use permitted by special development permit, variance or use permit, means completion of construction of a building foundation or walls, where applicable, or dedication of land or easements to a public entity, or actual commencement of the use or activity permitted, including completion of significant improvements to the affected property.

"Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement. Visual characteristics such as paint, color, surface texture, grading, surface paving, materials, accessory structures, trees and other natural features, and exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories are exterior architectural features.

(Prior zoning code §§ 19.04.060, 19.70.020, 19.80.050, 19.98.010; Ord. 2623-99 § 1; Ord. 2802-06 § 2; Ord. 2966-11 § 3; Ord. 3218-23 § 1; Ord. 3219-23, 8/8/2023 )

§ 19.12.070 "F".

"Face change" of a sign means any change to the letter style, size, color, background, or message, which requires the manufacturing of a new or modified sign face. Where letters are easily replaceable, as in the case of a readerboard, a change in wording shall not be considered a face change.

"Family" means:

An individual living alone in a dwelling unit; or

Two or more persons related by blood, marriage or legal adoption, or a group of two or more persons who need not be related, living together in a single dwell-ing unit as a group where the individual or group is in possession of the entire dwelling unit.

"Family daycare home." For definition, see Chapter 19.58 (Family Daycare Homes).

"Fascia" means a horizontal band covering the joint between the top of a wall and projecting eaves.

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

"Financial institution" means establishments such as, but not limited to, state or federally-chartered banks, savings and loan associations, credit unions, credit agencies, mortgage lenders, investment companies, non-profit financial institutions and brokers and dealers of securities and commodities. "Financial institution" does not include "payday lending establishments."

"Floor area ratio (FAR)" means a ratio, expressed as a percentage, of the gross floor area of a given building, buildings, or portion of a building, to the net area of the parcel of real property on which such building or buildings are located. In determining the FAR for residential uses, the gross floor area shall include the area devoted to covered parking; in nonresidential uses, the area devoted to covered parking shall be excluded from the gross floor area.

"Foundry" means a facility for melting, molding and casting of metals.

"Freeway" means a highway to which the owners of abutting lands have no access to or from their abutting lands, or to which such owners have only a limited or restricted right or easement of access and which is declared to be such, in compliance with the California Streets and Highways Code, but not including a county expressway.

"Freeway business" means a business establishment providing food, lodging or fuel to freeway users, which is located adjacent to a freeway, freeway frontage road or freeway overpass.

(Prior zoning code §§ 19.04.070, 19.92.020, 19.96.010; Ord. 2623-99 § 1; Ord. 2877-08 § 1; Ord. 2988-12 § 3; Ord. 3002-13 § 1; Ord. 3004-13 § 3; Ord. 3208-23 § 4)

§ 19.12.080 "G".

"Garage, fully enclosed" means a building built for the storage of vehicles which is fully enclosed on all sides.

"Garage sale" means a sale from a residence of household goods which were previously regularly used, kept or stored on the premises, or at other residential premises. A garage sale at any one location shall not occur more than twice in one calendar year, or last more than three consecutive days.

"General plan" means a comprehensive, long-term plan to be used as a guide for the physical development of the city of Sunnyvale together with land outside of the corporate limits of the city of Sunnyvale which, in the opinion of the planning commission and the city council, may be included within the city of Sunnyvale at a future time.

"Glare" means the reflection of harsh bright light sufficient to cause physical discomfort or loss in visual performance and visibility.

"Green building" means a whole systems approach to the design, construction, and operation of buildings that helps mitigate the environmental, economic, and social impacts of buildings. Green building practices recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive indoor environment.

"Green building project checklist" means a checklist or scorecard developed for the purpose of calculating a green building rating.

"Green building rating system" means the rating system associated with specific green building criteria and used to determine compliance thresholds, as outlined in the standards of compliance of Section 19.39.030. Examples of rating systems include, but are not limited to, the LEED™, GreenPoint Rated systems, and California Green Building Code.

"Green Building Tables" means tables adopted by resolution of the city council, as amended from time to time, which provide standards for compliance, including size thresholds based on square footage or valuations, incentives for implementation of green building techniques, and timing of phasing of time of the green building regulations.

"GreenPoint Rated" means a residential green building rating system developed by the Build It Green organization.

"GreenPoint Rated verification" means verification of compliance by a certified GreenPoint Rater, resulting in green building certification by Build It Green including green point allocation across all of the resource categories.

"Groceries." As this term relates to food sales at automobile service station sites it means typical food market products stored on shelves or refrigerated cases and prepared food.

"Gross floor area" means the following:

Single-family and two-family residential uses, including lots developed with dual urban opportunity housing pursuant Chapter 19.78. The sum of the areas computed from the outside dimensions of a building for each floor, including garages, covered patios, supporting columns, and unsupported wall projections, and excluding eaves, uncovered balconies, uncovered porches, covered porches on the ground floor, uncovered stairways, fire escapes, landing places, fireplaces, and similar architectural features. The first eight hundred square feet of an accessory dwelling unit is excluded from the calculation of gross floor area. Basement area is excluded from the calculation as long as the basement is located no higher than two feet above grade. Except for those areas specifically exempted above, any area with an interior ceiling height exceeding fifteen feet shall be counted twice for the purpose of calculating gross floor area.

Commercial, Industrial, Multifamily and Other Uses. The sum of the areas computed from the outside dimensions of a building, including corridors, supporting columns and unsupported wall projections (except for: eaves, uncovered balconies, uncovered porches, covered porches on the ground floor, uncovered stairways, fire escapes, landing places, fireplaces, and similar architectural features) for each floor including mezzanine floors and enclosed and unenclosed roofed patios where the roof is more than fifty percent solid.

(Prior zoning code § 19.04.080; Ord. 2623-99 § 1; Ord. 2650-00 § 1; Ord. 2714-02 § 1; Ord. 2750-04 § 1; Ord. 2810-06 § 2; Ord. 2848-07 § 2; Ord. 2894-09 § 1; Ord. 2908-09 § 1; Ord. 3189-22 § 5)

§ 19.12.090 "H".

"Hazardous waste facility, off-site" means an off-site facility defined in California Health and Safety Code Section 25199.1, or successor section, as a specified hazardous waste facility which serves more than one producer of hazardous waste. Generally any facility which serves more than one producer of hazardous waste is an off-site hazardous waste facility.

"Hazardous waste facility, on-site" means a facility on the site of a producer of hazardous waste that serves only that producer's waste.

"Heritage resource" means improvements, buildings, portions of buildings, structures, signs, features, sites, scenic areas, views and vistas, places, areas, landscapes, trees, or other natural objects or objects of scientific, aesthetic, educational, political, social, cultural, architectural, or historical significance to the citizens of the city, the Santa Clara Valley region, the state, or the nation, which are designated and determined to be appropriate for preservation by the city council.

"Heritage resource district" means any geographically definable area containing a concentration or continuity of heritage resources which are thematically related, or which contribute to each other and are unified by a special character, historical interest, aesthetic value, or which represents one or more architectural periods or styles typical to the city, and that has been designated and determined to be appropriate for preservation by the city council.

"Hertz (Hz)" means a measurement of frequency in cycles per second. A hertz is one cycle per second.

"Home occupation" means a business enterprise which is conducted within a dwelling unit by the residents of the dwelling unit or mobilehome and is incidental to the residential use of the dwelling unit. "Home occupation" does not include a garage sale.

"Hotel or motel" means a facility offering transient lodging accommodations to the general public for compensation. Hotels and motels may also provide additional services such as restaurants, meeting rooms and recreational facilities.

(Prior zoning code §§ 19.04.090, 19.70.020, 19.80.020, 19.88.020; Ord. 2623-99 § 1; Ord. 2976-12 § 6)

§ 19.12.100 "I".

"Improvement" means any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment of real property, or any part of such betterment.

"Incidental" means a structure, activity or use in association with, but of secondary importance to, the main building, activity or use.

"Industrial use" means any use of property involving the assembly, compounding, manufacture, packaging, processing, repairing or treatment of equipment, materials, merchandise or products, including related uses such as administrative offices, commercial storage and warehousing and research and development facilities.

"Innovation space" means floor area for small businesses, start-ups, and accelerators.

"Interior common space" means all usable interior common areas not used for circulation or service facilities. Common indoor space includes lobby, common kitchens, recreation room or reading rooms.

(Prior zoning code §§ 19.04.100, 19.80.050, 19.88.020; Ord. 2623-99 § 1; Ord. 2976-12 § 7; Ord. 3218-23 § 1)

§ 19.12.110 "J".

(Reserved)

(Prior zoning code § 19.04.110; Ord. 2623-99 § 1)

§ 19.12.120 "K".

"Kitchen" means a facility consisting of a cooking appliance for use in food preparation, a refrigerator and a sink, usually in close proximity to one another and in a definable room or area designed primarily for the preparation of meals.

(Prior zoning code § 19.04.120; Ord. 2623-99 § 1)

§ 19.12.130 "L".

"Landscaping" means the planting and maintenance of trees, ground cover, shrubs, vines, flowers, lawns or a combination thereof. The combination or design, in addition to natural plant materials, may include rock or stone and structural or decorative features, including, but not limited to, fountains, reflecting pools, art work and benches, pedestrian walkways, bicycle parking, recreation facilities and outdoor eating areas.

"Landscaped area" means a portion of a site planted with vegetation utilized for screening or ornamentation. Landscaped areas may include decorative rock or stone, provided that such materials are incidental and do not comprise more than thirty percent of the area. For purposes of computation of landscaped area as that term is used in this title, automobile parking areas, storage areas, vehicular ways and specifically permitted unenclosed uses shall not be considered as landscaping.

"Lattice tower" means a support structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.

"Laundry and cleaning business" means an establishment providing laundry or dry cleaning services to the public for a fee.

"LEED^TM Green Building Rating System" means the most recent version of the Leadership in Energy and Environmental Design (LEED^TM) Commercial Green Building Rating System, or other related LEED^TM Rating System, approved by the USGBC. The rating system is based on points that are awarded for sustainability techniques.

"LEED^TM certified" refers to the lowest level of certification available in the current LEED^TM Rating System, which may be amended from time to time. There are four levels of LEED^TM certification available: Certified, Silver, Gold, and Platinum.

"LEED^TM accredited professionals" are experienced building industry practitioners who have demonstrated their knowledge of integrated design and their capacity to facilitate the LEED^TM certification process by passing the LEED^TM professional accreditation exam.

"Liquor store" means any retail business selling distilled spirits or hard liquor for off-premises consumption (off-sale general) where at least twenty-five percent of the gross floor area of the business is devoted to the sale of alcoholic beverages (which includes beer, wine, and spirits) and related products and accessories (such as, but not limited to, bottle openers, barware, equipment for the production and storage of alcoholic beverages).

"Local landmark" means a heritage resource which is significant in that the resource materially benefits the historical character of a neighborhood or area, or the resource in its location represents an established and familiar visual feature of the community or city, and has been designated and determined to be appropriate for preservation by the city council.

"Local landmark district" means a heritage resources district which demonstrates a higher collective integrity of location, design, setting, materials, workmanship, feeling, and association which is essential to the sustained value of the separate individual resources and which has been designated and determined to be appropriate for preservation by the city council. A local landmark district possesses a significant concentration or continuity of heritage resources unified by past events, or aesthetically by plan or physical development; or the collective value of the local landmark district as a whole may be greater than the value of each individual heritage resource within it.

"Local register of heritage resources" means a list of heritage resources officially designated or recognized by the city.

"Lockable storage, individual" means a required storage unit assigned to each dwelling unit within multi-family residential development which complies with regulations set forth in Section 19.38.040.

"Lodging house" means a building, or portion thereof, providing rooms or sleeping accommodations separately hired for three or more persons for compensation. "Lodging house" does not include hotels, motels or mobile or trailer homes.

"Logo" means a distinctive graphic symbol identifying a use, product or company.

"Lot" means a parcel of land in one ownership which is used or capable of being used under the provisions of this title in the zoning district in which it is situated, and has frontage on a public street, or on: (i) a private street which has access to a public street, provided the street is delineated as a separate lot or easement for vehicular access; or (ii) an ingress/egress access easement.

"Corner lot" means a lot located at the intersection of two or more streets with a lot line on two or more of such streets.

"Corridor or flag lot" means an interior lot on which the buildable area is located to the rear of a lot abutting the street, and which has access to the same street by means of a narrow driveway.

"Interior lot" means any lot other than a corner lot.

"Lot area, net" means that portion of a lot exclusive of any portion located within an official plan line, natural watercourse, creek, waterway, channel or dedicated public right-of-way.

"Lot coverage" means the land area covered by all buildings on any lot, as computed from the outside dimension of each building, including corridors, supporting columns and unsupported wall projects (except eaves; uncovered balconies, porches and stairways; fire escapes; landing places; fireplaces, and similar architectural features), and enclosed and unenclosed roofed patios where the roof is more than fifty percent solid. Underground parking structures which do not protrude above finished grade shall not be calculated in lot coverage percentages.

"Lot line" means a line of record bounding a lot which divides it from another lot or from a public or private street or other public place.

"Lot width" means the distance between side lot lines, or in the case of lots with only one side lot line, the distance between that side lot line and the front lot line immediately opposite the side lot line, measured at the required front yard. In the case of lots with more than one required front yard, "required front yard" means that front yard which may not be reduced pursuant to Section 19.34.040.

(Prior zoning code §§ 19.04.130, 19.70.020, 19.80.050, 19.92.020, 19.98.010; Ord. 2623-99 § 1; Ord. 2735-03 § 1; Ord. 2750-04 § 1; Ord. 2776-05 § 1; Ord. 2810-06 § 3; Ord. 2910-09 § 1; Ord. 2918-10 § 1; Ord. 3111-17 § 1)

§ 19.12.140 "M".

"Major alterations" means nonresidential alterations where interior finishes are removed and significant upgrades to structural and mechanical, electrical and/or plumbing systems are proposed where areas of such construction are ten thousand gross square feet or more in existing commercial, office and industrial buildings.

"Massage establishment" means any business that offers massage therapy, baths, or health treatments involving massages or baths in exchange for compensation, as defined in Chapter 9.41 of this code.

"Massage establishment office or clinic" means any massage establishment other than a permitted home occupation pursuant to Section 19.42.010.

"Major tenant" means a business or use occupying ten thousand or more square feet of floor area.

"Major transportation corridor" means a large roadway or rail line that contributes a significant amount of noise and air pollution to the ambient environment. Large roadways include freeways (Interstate 280, State Route (SR) 85, SR 237, and U.S. Highway 101); expressways (Central Expressway and Lawrence Expressway); Class I arterials (Caribbean Drive, El Camino Real (SR 82), Java Drive, Mathilda Avenue, N. Fair Oaks Avenue, N. Wolfe Road, and Sunnyvale-Saratoga Road); and Class II arterials (Arques Avenue, E. Remington Drive, Evelyn Avenue, Fremont Avenue, Homestead Road, Mary Avenue, S. Fair Oaks Avenue, S. Sunnyvale Avenue, and S. Wolfe Road). Any future large roadways not listed in this definition that are identified in the General Plan as freeways, expressways, Class I arterials, or Class II arterials are also major transportation corridors.

"Medical clinic" is a medical office with ancillary uses, such as laboratories, pharmacies, medical retail or education. A medical clinic is distinct from a medical office. See Section 19.12.160(2)(c) "Medical office."

"Mixed use" means a development that includes nonresidential and residential uses on the same development site, except that in the El Camino Real Specific Plan District, "Mixed use office" means a development comprised of office and commercial uses and no residential uses.

"Mobile home." For definition, see Chapter 19.72 (Mobile Home Park Conversions).

"Mobile home park." For definition, see Chapter 19.72 (Mobile Home Park Conversions).

"Monopole" means a single pole support structure greater than fifteen feet in height, erected on the ground or on a structure which may support antennas, connecting appurtenances or other facilities not associated with telecommunication facilities (e.g., a light pole on which antennas may also be installed).

"Multi-tenant" means multiple businesses or franchises on a lot, including separate service businesses that are not dependent on the sale of goods from other businesses on site.

(Prior zoning code §§ 19.04.140, 19.64.020(a), 19.70.020, 19.92.020; Ord. 2623-99 § 1; Ord. 2776-05 § 2; Ord. 2877-08 § 2; Ord. 2887-08 § 1; Ord. 2894-09 § 1; Ord. 2983-12 § 4; Ord. 2988-12 § 4; Ord. 3064-15 § 2; Ord. 3194-22 § 5; Ord. 3219-23, 8/8/2023)

§ 19.12.150 "N".

"Neighborhood-serving office and community uses" means uses that provide space for nonprofit office, personal service offices, medical clinics, medical offices, childcare, adult daycare, yoga/dance studios, education businesses, or other similar uses to support neighborhood residents, employees, and visitors.

"Neighborhood-serving retail and commercial uses" means retail and commercial uses provide goods or services to neighborhood residents, employees, and visitors.

"New large nonresidential interiors" means first-time tenant improvements where areas of such construction are over five thousand gross square feet or more of existing buildings.

"Nightclub" means a business establishment where live music, entertainment and/or a dance floor is provided, alcoholic beverages are sold for consumption on the premises and where, if food is served, it is incidental to the sale of beverages, comprising no more than twenty-five percent of total sales.

"Nighttime" means the period from ten p.m. to seven a.m. daily.

"Nonconforming building" means a building or portion thereof, which was lawfully built but which does not conform with the required minimum lot area, lot width, yard, height, bulk and space, landscape area, distance between main buildings or other requirements or structural coverage regulations contained in this title.

"Nonconforming, legal" means a lot, building or use which was lawfully created, but does not meet the present requirements of its particular zoning district due to changes or amendments to the regulations since the establishment of the lot, building or use or as a result of the exercise of eminent domain.

"Nonconforming use" means a use which does not conform with the provisions of this title if such use lawfully existed on April 2, 1963 or the date of the annexation of the subject property to the city if after that date. "Nonconforming use" also means a use which does not conform with the provisions of this title as a result of any amendment if such use lawfully existed on the date of such amendment or as a result of the exercise of eminent domain.

"Nonresidential" generally means buildings used for industrial, commercial, office, place of assembly or recreation.

"Nuisance" means any operation or installation on land which is offensive or interferes with the enjoyment and use of property by adjacent owners.

(Prior zoning code §§ 19.04.150, 19.24.020(a)(2)—(4); Ord. 2623-99 § 1; Ord. 2894-09 § 1; Ord. 3218-23 § 1)

§ 19.12.160 "O".

"Obnoxious, offensive or nuisance uses" means a use which creates a nuisance to the occupants or visitors of a building or adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations or similar disturbances.

"Office."

"Administrative office" means offices and service facilities performing headquarters, regional or other level management and administrative services for firms and institutions.

"Ground floor dependent office" means an office use where the requirement for ground floor visibility in commercial zoning districts is essential to serve patrons on an unannounced or drop-in basis, and to rely upon a product or service display in the store frontage. Examples of such offices uses include, but are not limited to, travel agencies, insurance agencies, income tax preparers, real estate agencies, notary publics and other uses as determined by the director of community development to be consistent with the character of the underlying retail zoning district.

"Medical office" means offices of doctors, dentists, chiropractors, physical therapists, athletic trainers, acupuncturists, optometrists and other similar health related occupations, where patients visit on a daily basis. A medical office is distinct from a medical clinic. See Section 19.12.140(3).

"Professional office" means a use providing professional or consulting services in fields such as law, architecture, design, engineering, accounting and similar professions and does not include medical or dental offices.

"Research and development office" means office space associated with a use engaged in study, testing, design, analysis and experimental development of products, processes or services, including incidental manufacturing of products or provisions of services to others.

"Official plan line" means the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened and including all lands necessary for the building, widening or maintenance of any road, street, highway, or any other type of public way, which planned right-of-way is based on the general plan for the city of Sunnyvale.

"Open space" means an area of open land essentially unimproved or in its natural state which is set aside, designated or reserved for public or private use or enjoyment.

"Open space, useable" means an outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, pool area, patio or terrace or recreation building, when designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities, driveways, utility, service or storage areas.

"Operational noise" means noise related to the basic use of a property. Operational noise includes, but is not limited to, noise produced by stationary equipment such as air conditioners, equipment for swimming pools or spas, industrial machinery, and air compressors. Noise from childcare or vehicles shall not be considered operational noise.

"Organizational documents for a community housing project" means the declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of the community housing project, including a proposed pro forma budget.

"Owner" means the person, firm or corporation in which title in the underlying land is vested, or a duly authorized agent of such owner.

"Ownership housing" means a residential development where each dwelling unit is developed to be sold separately to a home buyer primarily intended for owner-occupancy.

(Prior zoning code §§ 19.04.160, 19.24.020(a)(5), 19.64.020(b), 19.70.020; Ord. 2623-99 § 1; Ord. 2673-01 § 1; Ord. 2887-08 § 2; Ord. 2976-12 § 8; Ord. 3142-19 § 1; Ord. 3219-23, 8/8/2023)

§ 19.12.170 "P".

"Parking management plan" means a plan designed to manage the use of parking on a property which may include the following items, as determined by the director of community development:

Peak hour use;

Vehicular circulation;

Overall quantity of parking spaces;

Distribution of parking on-site;

Needs of specific users, including but not limited to employees, guests, residents and patrons; and

Other circumstances that arise when oversight and control of parking spaces is needed.

"Passive solar collector" means any building feature or design, including shading elements, materials, mass, structural components, and solar orientation, which enhances a building's inherent solar heating or cooling characteristics.

"Payday lending establishment" means a retail business owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time.

"Personal service business" means a business which provides services of a personal convenience nature, and cleaning, repair or sales incidental thereto, including, but not limited to, beauty and barbershops, shoe repair, self-service laundry and cleaning services, copying and quick printing services and film processing.

"Places of assembly—business serving" means permanent headquarters and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, such as business associations, professional membership organizations, labor unions and similar organizations.

"Places of assembly—community serving" means permanent headquarters and meeting facilities for civic, social and fraternal organizations (not including lodging), political organizations and other membership organizations. This category includes religious uses and facilities operated for worship; promotion of religious activities, including houses of worship and education and training; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the primary use. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other related operations (such as recreational camps) are classified according to their respective activities.

"Portable storage unit" means any type of portable unit including, but not limited to, sheds, cargo containers or truck trailers not designed for human occupancy, and used exclusively for storage or housing of mechanical equipment. Portable storage unit does not include emergency shelter containers, hazardous materials storage facilities or accessory structures.

"Positive conditions, covenants and restrictions for solar access" means any agreement or provision thereof which expressly allows, requires, or encourages the installation or use of solar collectors upon buildings, including protection of solar access to such collectors.

"Powered equipment" means a motorized device powered by electricity or fuel used generally for construction, demolition, property or landscape maintenance, and repairs. Powered equipment includes, but is not limited to: lawn mowers, edgers, leaf blowers, parking lot sweepers, saws, sanders, motors, pumps, generators, blowers, fans, wood chippers, vacuums, and similar tools and devices.

"Preservation" means the identification, protection, conservation, enhancement, perpetuation or rehabilitation of any heritage resource that prevents the deterioration, alteration, destruction or removal of such resource.

"Primary useable open space" means private rear yards or a fenced side yard, common courtyards, roof lawns, parking lots, roof gardens or gathering spaces for multi-family or mixed-use properties. This does not include secondary useable open space, such as front yards, balconies, stoops, and porches.

"Printers" means the activity related to the art or business of printing on a large scale using presses or similar equipment but does not include retail copiers.

"Public school site" means any property owned by a public school district that has been developed for use as a school for any level of kindergarten through grade twelve, whether or not there is public school instruction occurring on the property.

"Public service use or facility" means a use operated or used by a public body or public utility in connection with any of the following or similar services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, transportation or utilities.

"Public service building" means a building or buildings for municipal service purposes such as public safety, parks or recreation.

"Public transportation facility" means a location where public transportation vehicles are stored or kept while not in use and/or are dispatched from, or a stop or station along a public transit line.

"Public utility buildings and service facilities" means buildings or facilities above ground, such as communications equipment buildings, water pumping plants, and water storage facilities, and similar facilities.

"Public utility service center" means a place for the storage of public utility company-owned vehicles and material which includes office facilities for installation and construction personnel.

(Prior zoning code §§ 19.04.170, 19.24.020(a)(6), 19.70.020, 19.80.050, 19.81.030, 19.96.010; Ord. 2623-99 § 1; Ord. 2735-03 § 1; Ord. 2750-04 § 2; Ord. 2875-08 § 1; Ord. 2877-08 § 3; Ord. 2907-09 § 2; Ord. 2910-09 § 1; Ord. 3002-13 § 2; Ord. 3219-23, 8/8/2023)

§ 19.12.180 "Q".

"Qualified green building professional" means a person trained through the USGBC as a LEED™ accredited professional or through Build It Green as a certified green building professional, or similar qualifications if acceptable to the director of community development. For projects requiring "self-verification," the project architect or designer is considered a qualified green building professional.

(Prior zoning code § 19.04.180; Ord. 2623-99 § 1; Ord. 2894-09 § 1)

§ 19.12.190 "R".

"Radio frequency" (RF) means electromagnetic energy with wave lengths between the audio range and the light range. Electromagnetic waves transmitted usually are between five hundred KHz (kilohertz: one thousand hertz) and three hundred GHz (gigahertz: one billion cycles per second).

"Readily visible telecommunication facility" means that an object can be seen from street level by a person with normal vision, and distinguished as an antenna or other component of a wireless telecommunication facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials.

"Recreational and athletic facility" means a facility offering space and equipment for persons to engage in sports and other forms of physical activity and recreation. It includes uses such as athletic clubs, fitness centers, swim clubs, bowling alleys, miniature golf courses, batting cages, ice skating rinks, roller skating rinks, rock climbing centers, shooting galleries and arcades. It does not include ordinary golf courses or facilities ancillary to another primary permitted use, such as school gyms.

"Recreational vehicle" means all vehicles used for recreation except passenger vehicles, including, but not limited to, camp trailers, fifth wheels, truck campers, and motor homes.

"Recycling center" is a facility for the deposit or drop-off of recyclable materials. Such a facility shall not do processing except limited baling, batching and sorting of materials other than glass. Recycling centers include the following: bins, boxes, cans, kiosk-type units, bulk reverse vending machines, and other containers or receptacles; and/or a properly licensed automobile, truck, trailer, or van, remaining continuously in a fixed location for more than one hour or used at the facilities for purposes other than the simple removal of material from the site.

"Recyclable material" is reusable material including but not limited to aluminum, glass, plastic and paper, but excluding garbage, waste, refuse and hazardous materials, as defined in Chapter 8.16.

"Refuse" means all putrescible (liable to become putrid) and nonputrescible solid or liquid wastes, except sewage, whether combustible or noncombustible and includes garbage and waste, other than hazardous waste.

"Related equipment to telecommunication facilities" means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

"Rental housing" means a residential development that is not ownership housing.

"Residential alterations" means any addition, rehabilitation, repair, remodeling, change, or modification to an existing building, where changes exceed the valuation thresholds established in the green building rating system. The valuation of renovation improvements shall be determined by the director of community development based on the valuation per square foot of construction in the annually adopted fee resolution. The valuation used to determine thresholds related to the green building rating system may exclude the cost of: (a) seismic upgrades, (b) accessibility upgrades, or (c) photovoltaic panels or other solar energy or similar devices exterior to the building.

"Residential care facility" means a building or portion thereof designed or used for the purpose of providing twenty-four hour a day nonmedical residential living accommodations in exchange for the payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code Section 1250, community care facilities as defined in Section 1500, et seq., residential care facilities for the elderly as defined in Section 1569.2, and alcoholism or drug abuse recovery or treatment facilities as defined in Section 11384.02, or successor sections, and other similar care facilities.

"Residential density, minimum" means the minimum density (dwelling units per acre) for new residential development.

"Residential development" includes without limitation detached single-family dwellings, multiple-dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, and land subdivisions intended to be sold to the general public.

"Resthomes, convalescent hospitals" means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

"Restaurant" means a business dispensing prepared meals or food, which may include service of alcoholic beverages.

"Restaurant, drive-through" means a place of business which sells food products or beverages and which delivers such food products or beverages to customers waiting in vehicles outside of the building in which they are prepared by means of a service window, counter, or similar method or device. Any restaurant which provides drive-through service, either as an optional or exclusive means of delivering its products, is considered a drive-through restaurant.

"Restaurant, take out" means a restaurant which permits or encourages the consumption of food off-premises through the physical design of the restaurant, type of service or type of packaging.

"Retail sales businesses" means a business engaged solely in the retail sales of consumer products.

"Retail service use" means a use engaged in providing retail sale, rental, service, processing or repair of items primarily intended for consumer or household use.

(18)

"Reverse vending machine" means an automated mechanical device which accepts at least one type of empty beverage container, including, but not limited to, aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state of California. Bulk reverse vending machines are those machines which exceed the operating standards for reverse vending machines.

(19)

"Right-of-way" means all or any part of the entire width of a dedication or easement for road, street, highway, flood, drainage or any utility (either overhead or underground) whether or not such area is actually used for its intended purpose.

(20)

"Roofline" means the top of a roof structure, excluding fascias, parapets, mechanical equipment screens, and penthouses.

(21)

"Rooftop" means all of the nonvertical structural covering of a building.

(Prior zoning code §§ 19.04.190, 19.64.020(c), 19.70.020, 19.88.020, 19.92.020, 19.96.010; Ord. 2623-99 § 1; Ord. 2736-03 § 1; Ord. 2802-06 § 3; Ord. 2894-09 § 1; Ord. 2976-12 § 9; Ord. 2988-12 § 5; Ord. 3218-23 § 1)

§ 19.12.200 "S".

"Sales, retail" means the selling of new or used merchandise, not intended for resale.

"Sales, medium-format retail" means retail includes spaces for tenants such as grocery stores, pharmacies, hardware stores, or other retailers that require larger retail shells typically ranging from fifteen thousand to forty thousand square feet.

"Sales, wholesale" means the selling of merchandise to individuals or businesses for resale.

"Satellite earth station" means a facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.

"Self verification" means verification by the project architect, designer or a qualified green building professional certifying that the project has met the standards and has attained the compliance threshold as indicated for the covered project type as set forth in the standards for compliance outlined in Section 19.39.040.

"Sensitive populations" mean children under the age of eighteen years, adults with mental or physical disabilities, adults over the age of sixty-five years, or any persons who have mobility limitations, difficulty understanding and executing directions or orders, or increased sensitivity to hazardous materials.

"Service commercial" means establishments engaged in providing services to individuals, businesses and organizations including legal, engineering and other professional services, as well as retail sales ancillary to a primary service use.

"Shopping center" means a group of retail, restaurant, commercial service and recreation uses that are planned, constructed and managed as a total entity.

"Sign" means any structure, object, device, display or advertising artwork, situated outdoors or in a window which is used entirely or in part to advertise, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Decorative artwork is not considered to be a sign. Types of signs are detailed in Chapter 19.44.

"Sign area" means the number of square feet of the smallest geometric shape (circle, oval, rectangle, triangle, or combination thereof) within which a sign face can be enclosed. In determining the area of a sign which has more than one face, the total sign area shall be the sum of the sign area of all sign faces. Logos are included in calculation of sign area. Address numbers as required by Sections 19.44.150 and 19.44.220 are not included in calculation of sign area. For ground signs at multi-tenant centers, up to fifteen square feet may be exempted from the calculation of sign area for display of the center's name.

"Sign copy" means words, letters or symbols displayed for the purpose of advertising a product, service or business.

"Sign face" means the portion of a sign that is used for displaying sign copy, together with any frame, color, panel, ornamental molding, or condition which forms an integral part of the sign copy and which is used to differentiate the sign copy from any wall or background against which it may be placed. Those portions of the supports, uprights or base of a sign that do not convey information shall not be considered as part of a sign face.

"Sign height" means the vertical distance from the highest point of the sign structure to the top of the nearest public street curb.

"Sign structure" means the structural elements of a sign and the supporting structure thereof, other than a building.

"Sign approval" means a formal certificate of authorization issued by the director of community development or the planning commission pursuant to the procedures set forth Chapters 19.44, 19.82 and 19.88.

"Single-room occupancy (SRO) living unit facility" means a commercial development containing individual secure rooms, of a smaller size than normally found in multiple dwellings, which are rented to a one or two person household. SRO living units are provided for a weekly or monthly period of time, in exchange for an agreed payment of a fixed amount of money or other compensation.

"Single-room occupancy (SRO) residential hotel" means a commercial facility with individual secure rooms which are rented to a one-or two-person household. SRO residential hotel units are provided on a daily, weekly, or monthly basis, in exchange for an agreed payment of a fixed amount of money or other compensation.

"Site plan" means an aerial view depicting the component parts of a site. For submittal with an application, a site plan shall be drawn to scale, be fully dimensioned and include the following information:

Footprint of proposed buildings;

Traffic and pedestrian ingress and egress;

Internal circulation and access to public streets;

Off-street parking and loading facilities;

Easements;

Landscaping including tree preservation;

(g)

Exterior lighting;

(h)

Walls and fences or other devices used for screening or separation;

(i)

Property boundary lines;

(j)

Curbs, gutter and sidewalks;

(k)

Adjacent buildings and features.

"Solar access" means the absence of shadows blocking or reducing exposure to the sun, to an extent greater than ten percent daily during the hours between nine a.m. to three p.m., Pacific Standard Time, throughout any solar cycle.

Solar Collector, Active. "Active solar collector" means a fixed device, structure or part of a device or structure which is used primarily to transform solar radiation into thermal, chemical or electrical energy, as part of a system which makes use of such energy for the purposes of water heating, space heating or cooling, or electrical power generation, by means of moving fluids, photo electric devices, chemical reactions, including chemical thermal storage solutions, or external power sources.

Solar Collector, Passive. "Passive solar collector" means any building feature or design, including shading elements, materials, mass, structural components, and solar orientation, which enhances a building's inherent solar heating or cooling characteristics.

"Solar cycle" means a year-long interval, beginning at twelve noon, Pacific Standard Time, December 21st, in any calendar year, and ending at twelve noon, Pacific Standard Time, December 21st of the subsequent calendar year.

"Solar device" means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy.

(18)

"Solar easement" means a property right to receive sunlight across the real property of another, upon any active or passive solar collector as defined herein.

(19)

"Solar energy system" means the integrated use of solar devices and solar collectors for the functions of collection, transfer, storage, and distribution of solar energy.

(20)

"Stack" means a smokestack or vertical pipe or flue designed to exhaust gases or suspended particular matter.

(21)

"Stock cooperative," as defined in California Business and Professions Code Section 11003.2, or successor section, containing two or more rights of exclusive occupancy.

(22)

"Storage."

"Bulk storage" means the storage of chemicals, petroleum products or other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.

"Commercial storage" means the housing, keeping or storing of customers' property for a fee within an enclosed structure, provided that at least ninety percent of the floor area designated for commercial storage shall be designed, physically suited, and actually used for storage.

"Open or unenclosed storage" means the open storage of materials, supplies, junk or waste which is not screened from the public right-of-way or adjacent properties.

"Self storage" or mini-warehousing means a building or group of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.

(23)

"Street frontage setbacks" are building setbacks from any affected public street, whether the front, side or rear of the building wall is facing a street.

(24)

"Structural alteration" means any change in the supporting members of a building such as bearing walls, shear walls, columns, beams or girders.

(25)

"Structure ridgeline" means the line along the top of an existing roof or top of a structure, including existing parapets, penthouses, or mechanical equipment screens.

(26)

"Subdivision Map Act" means the Subdivision Map Act of the state of California, commencing with Government Code Section 66410, as the same now exists or is hereafter amended.

(27)

"Subdivision ordinance" means the subdivision ordinance of the city of Sunnyvale, as contained in Title 18 of this code, as the same now exists or is hereafter amended.

(28)

"Sunnyvale planning area" means and includes the incorporated area of the city and the area outside of the city's boundaries which may become part of the city in the future, all as shown on the precise zoning plan, zoning districts map, adopted by the city council.

(29)

"Supportive housing," means a dwelling that is linked to a range of on-site or off-site support services, such as medical and mental health services, vocational and employment services, childcare, or independent living skills training, to enable residents to maintain stable housing and live as independently as possible.

(30)

"Sustainable development" means development and construction practices designed to use natural resources in a manner that does not eliminate, degrade or diminish their usefulness for future generations.

(Prior zoning code §§ 19.04.200, 19.30.030, 19.70.020, 19.81.030, 19.84.010, 19.92.020, 19.96.010; Ord. 2623-99 § 1; Ord. 2750-04 § 1; Ord. 2802-06 § 4; Ord. 2805-06 § 1; Ord. 2875-08 § 1; Ord. 2877-08 § 4; Ord. 2891-09 § 1; Ord. 2894-09 § 1; Ord. 2966-11 § 4; Ord. 2988-12 § 6; Ord. 3218-23 § 1)

§ 19.12.210 "T".

"Temporary" means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

"Temporary noise" means noise generated on an intermittent basis for a specific activity and is not intended to result from the continuous use of equipment or operation of the property.

"Temporary structures" mean buildings and structures intended for use at one location for not more than one year.

"Temporary tract sales office" means a sales office established within a subdivision tract for only the sale of residential structures or lots in such subdivision.

"Tenant frontage" means the width of a space, measured in linear feet on a building elevation, occupied by the use to be identified.

"Theater" means a facility which offers entertainment programs to the public, in which audience activities typically are limited to passive observing and/or listening.

"Tower" means a mast, pole, monopole, lattice tower, or other structure designed and used to support antennas and may also support other facilities which may not be associated with telecommunication facilities. A ground or building mounted mast greater than fifteen feet tall and six inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a telecommunications tower.

"Townhouse" means a building containing three or more dwelling units which are separated by a common or party wall and each of which has ground floor access to the outside.

"Trailer" or "trailer coach" means a structure standing on wheels, which can be towed or hauled by a motor vehicle, and designed for short-term human occupation, carrying materials, animals, goods or objects, or as a temporary office, and does not include mobile homes.

"Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy.

"Transitional housing" means a dwelling where support services are offered to facilitate the movement of homeless persons to permanent housing, and where residency is restricted to up to two years, but no less than six months.

"Transportation demand management (TDM)" means the incorporation of a variety of incentives, services, actions and physical improvements that influence the reduction of automobile trips in order to provide additional relief from congestion, parking and air quality impacts.

"Tree" means any woody plant which has a trunk thirteen inches or more in circumference at four and one-half feet above ground level.

"Damage" means any intentional action or gross negligence which causes injury, death or disfigurement of a tree. Actions include, but are not limited to, cutting, girdling, poisoning, overwatering, unauthorized relocation or transportation of a tree or trenching, excavating, altering the grade or paving within the dripline of a tree.

"Dripline" means the outermost line of the tree's canopy projected straight down to the ground surface. As depicted in a plan view, the dripline appears as an irregularly shaped circle.

"Protected tree" means a tree of significant size.

"Significant size" means a tree thirty-eight inches or greater in circumference measured four and one-half feet above ground for single-trunk trees. For multi-trunk trees "significant size" means a tree which has at least one trunk with a circumference thirty-eight inches or greater measured four and one-half feet above ground level, or in which the measurements of the circumference of each of the multi-trunks, when measured four and one-half feet above the ground level, added together equal an overall circumference one hundred thirteen inches or greater.

"Tree removal" means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action, including excessive trimming, pruning, or mutilation that sacrifices the health, destroys, or diminishes the aesthetic quality, or diminishes the life expectancy of the tree.

(Prior zoning code §§ 19.04.210, 19.70.020, 19.81.030, 19.92.020; Ord. 2623-99 § 1; Ord. 2750-04 § 1; Ord. 2808-06 § 2; Ord. 2894-09 § 1; Ord. 2966-11 § 5; Ord. 3219-23, 8/8/2023)

§ 19.12.220 "U".

"Unit of a community housing project" means the element of a community housing project which is to be exclusively owned or occupied individually, and not in common with the owners of other elements of the project.

"Upgrades" means improvements where the majority of work requires only electrical, plumbing and/or mechanical permits.

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

"Accessory use" means a use incidental to the principal use of a lot or a building.

"Compatible use" means a use which fits in with or is in harmony with other existing uses in the same zoning district, neighborhood or surrounding area.

"Permitted use" means a use which is allowed in a zoning district without special approval or the securing of a use permit.

"Prohibited use" means a use which is not allowed in a zoning district under any circumstances.

"Unenclosed use" means the storage of items which are not completely enclosed or fully screened from view from off the site, including, but not limited to, vehicles, trailers and cargo containers or other storage containers which do not have a foundation.

(Prior zoning code §§ 19.04.220, 19.84.010; Ord. 2623-99 § 1; Ord. 2750-04 § 1; Ord. 2894-09 § 1)

§ 19.12.230 "V".

"Vehicle, commercial" means any vehicle with a gross vehicle weight of ten thousand pounds or more, according to the manufacturers' specifications, which is required to obtain a commercial vehicle license. This section is intended to be consistent with California Vehicle Code Section 22507.5 or successor statute.

"Vehicle, industrial" means any vehicle other than an automobile which is commonly used for industrial material handling, processing, transportation or repair.

"Verification by LEED™ AP" means verification by a LEED™ accredited professional certifying that each LEED™ checklist point listed was verified to meet the requirements to achieve that point. The LEED™ AP shall provide supporting information from qualified professionals (e.g., civil engineer, electrical engineer, energy consultant, commissioning agent, etc.) to certify compliance with each point on the checklist. Documentation of construction consistent with building plans calculated to achieve energy compliance is sufficient verification in lieu of post-construction commissioning.

(Prior zoning code §§ 19.04.230; Ord. 2623-99 § 1; Ord. 2894-09 § 1; Ord. 2912-09 § 2; Ord. 2988-12 § 7)

§ 19.12.240 "W".

"Warehousing" means the storage of inventory items or materials comprising the principal stock in trade of an affected use, within an enclosed structure, provided that at least ninety percent of the floor area designed for warehouse use shall be designed, physically suited, and actually used for storage. Areas used for storage of office supplies, equipment, and materials used incidentally to a nonwarehouse use shall not be considered a warehouse use.

"Wind energy system" means a private, noncommercial wind energy conversion system consisting of one wind turbine, a supporting structure and associated control or conversion equipment specifically designed to convert kinetic wind energy to electric power to reduce onsite consumption of utility power, and has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Program administered by the California Energy Commission. A wind energy system that exceeds the allowable rated capacity under the Emerging Renewables Program or that is used for commercial purposes shall be prohibited in all zones.

"Wind energy system, height" means the vertical distance measured from the lowest point along the base of the tower to the highest point of the tower, the wind turbine or the tip of the wind turbine blade at its highest point, whichever is greatest.

"Wind energy system, tower" means the support structure of the wind turbine. The tower can be freestanding or mounted on a building.

"Wind turbine" means a device consisting of blades and associated mechanical and electrical conversion components mounted on a tower and used to convert wind energy into electric power.

"Wireless telecommunication facility" or "telecommunication facility" means a facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area, and other accessory development.

(Prior zoning code §§ 19.04.240, 19.70.020; Ord. 2623-99 § 1; Ord. 2904-09 § 1)

§ 19.12.250 "X".

(Reserved)

(Prior zoning code § 19.04.250; Ord. 2623-99 § 1)

§ 19.12.260 "Y".

"Yard" means an open space on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

"Front yard" means a yard extending across the full width of the lot for the distance required and paralleling the street or streets upon which the lot abuts with its depth measured from the street right-of-way line, or in the event such a plan line has been established, from the official plan line for the street which the lot abuts. In the case of a lot which has frontage on two parallel streets, the yard adjacent to the minor street is the front yard and the opposite yard is the rear yard.

"Rear yard" means any yard not a front yard, extending across the full width of the rear portion of the lot for the distance required and measured from the rear property line. In the case of a corner lot, it shall mean the yard extending across the full width of the lot on the side opposite the narrower frontage for the distance required and measured from the property line opposite the narrower frontage.