(a)
The purpose of this chapter is to provide a mechanism whereby certain
additional regulations can be combined with the basic regulations
of a zoning district to permit the use and development of land which
has unique and special development circumstances that cannot be addressed
with the standards of the underlying zoning district.
(b)
The addition of a combining district designated with any zoning district
shall not operate to reduce or eliminate any requirements established
by the basic district regulations or other requirements contained
in this title applicable to any district with which the combining
district is added unless expressly provided in this chapter.
(Ord. 2920-10 § 1)
(a)
There is hereby created a combining district to be known as planned development (PD) combining district which may be combined with any of the zoning districts designated in Chapter 19.16.
(b)
The purpose of the PD combining district is to provide modifications,
additions and limitations to other zoning districts to meet special
conditions and situations concerning properties within such zoning
districts that cannot otherwise be handled satisfactorily. This district
is also intended to provide opportunities for creative development
approaches and standards that will achieve superior community design,
environmental preservation and public benefit, such as, but not limited
to:
(1)
Facilitating development or redevelopment of a site to improve the
neighborhood;
(2)
Allowing a proposed use that is compatible with the neighborhood
but requires deviations from development standards for a successful
project;
(3)
Facilitating desirable development of properties at significant intersections;
or
(4)
Allowing development and creation of lots that are less than the
minimum size required in the base zoning district.
(Ord. 2920-10 § 1)
(a)
Uses. Except for uses listed as permitted uses in the underlying zoning district, no use shall be established or changed upon property in any zoning district with which the PD combining district is combined unless either a miscellaneous plan permit or special development permit is first issued by the director of community development, the planning commission or the city council in accordance with procedures set forth in Chapters 19.82 and 19.90.
(b)
Structures. No building or structure shall be constructed or altered, upon property in any zoning district with which the PD combining district is combined unless either a miscellaneous plan permit or special development permit is first issued by the director of community development, the planning commission or the city council in accordance with procedures set forth in Chapters 19.82 and 19.90.
(Ord. 2920-10 § 1)
(a)
There is hereby created a combining district to be known as office (O) combining district which may be combined with any of the residential districts designated in Chapter 19.16.
(b)
The purpose of the O combining district is to allow by use permit office uses as provided in Chapter 19.24.
(c)
When the O office combining district is combined with any residential district, the dimensional requirements for building coverage, setbacks, height and minimum lot area of the underlying residential zoning district shall apply. Floor area ratios shall apply only to residential uses if residential and office uses are combined on the same property and there is an applicable FAR in that zoning district. Use restrictions shall be applied to each use on the property by the appropriate section of Chapter 19.24.
(Ord. 2920-10 § 1)
Except for uses which would be allowed without a use permit under the residential zoning district with which the O district has been combined, no use shall be established or changed upon property bearing the O office combining district unless a use permit is first issued in compliance with the provisions of Chapter 19.88.
(Ord. 2920-10 § 1)
(a)
There is hereby created a combining district to be known as heritage housing (HH) combining district which may be combined with any residential zoning district designated as a heritage resource district in accordance with Chapter 19.96.
(b)
The purpose of the HH heritage housing combining district is to preserve,
protect, enhance and perpetuate the appearance of certain historic
residential neighborhoods which contribute to the cultural or aesthetic
heritage of Sunnyvale. It is not the purpose of this combining zone
to preserve particular structures of historic significance.
(Ord. 2920-10 § 1)
(a)
No demolition of any residential structure in a HH combining district may be performed without approval by the heritage preservation commission pursuant to a public hearing as set forth in Chapter 19.96 subject to the following findings:
(1)
The structure has become dilapidated to the extent that it constitutes
a safety hazard; or
(2)
Demolition of the residence will not have a significant detrimental
impact on the historic character of the neighborhood; and
(3)
Plans for the replacement structure are consistent with neighborhood
historic characteristics as described in the policy statement for
the district.
(b)
Where findings (2) and (3) above are made, no demolition may occur
unless the owner has obtained a building permit for the replacement
structure.
(Ord. 2920-10 § 1)
(a)
There is hereby created a zoning district to be known as industrial to residential (ITR) combining district, which may be used in conjunction with certain industrial, commercial or office zoning districts as established Chapter 19.16.
(b)
The purpose of the ITR district is to allow industrial, office, commercial
and residential uses to exist within the same zoning district, and
to allow industrial, office or commercial uses to gradually convert
to residential use.
(Ord. 2920-10 § 1)
(a)
The boundaries of ITR districts are shown upon the zoning district
map which is made a part hereof and incorporated by reference under
the title of Precise Zoning Plan, Zoning District Map, City of Sunnyvale.
(b)
Where uncertainty exists as to the boundary or boundaries of any
ITR district shown on the zoning district map, the location of such
boundary or boundaries shall be fixed as follows:
(1)
Where boundaries are indicated by scale as approximately following
street, alley or lot lines in existence at the time the zoning district
map was adopted, such lines shall be construed to be the boundaries.
(2)
Where any public street or alley or any private right-of-way or easement
of any railroad, railway, canal, transportation or public utility
company is vacated or abandoned, the regulations applicable to abutting
land shall apply to the vacated or abandoned property.
(Ord. 2920-10 § 1)
In the event any building in the ITR district is damaged or destroyed, reconstructing the building to the size and condition prior to the damage or destruction shall be allowed, provided the floor area ratio of industrial, commercial or office buildings does not exceed thirty-five percent, except as allowed by use permit as regulated by Chapter 19.88.
(Ord. 2920-10 § 1)
Residential uses shall be allowed in the ITR district in accordance with residential zoning districts as defined in and regulated by Chapter 19.18, and as approved by the city council and shown on the city's precise zoning plan, zoning district map.
(Ord. 2920-10 § 1)
Commercial, industrial and office uses shall be allowed in the ITR district in accordance with commercial, industrial and office districts defined in and regulated by Chapters 19.20, 19.22 and 19.24.
(Ord. 2920-10 § 1)
(a)
There is hereby created a combining district to be known as S combining
district, which may be combined with the R-0, R-1 and R-2 residential
zoning districts. The residential single-story combining district
is intended to modify the site development regulations of the R-0,
R-1 and R-2 residential zoning districts, to preserve and maintain
single-family neighborhoods of predominantly single-story character.
(b)
The single-story combining district may be established at the discretion of the city council to overlay the R-0, R-1 or R-2 zoning districts in accord with Chapters 19.92 and 19.98. Where the combining district is in effect, the regulations established by this section shall apply instead of the comparable regulations set forth in this title.
(c)
Single-story combining districts shall continue in effect unless
and until repealed, except for those districts created before October
1, 2005, which expire automatically seven years after their effective
date. For such districts, up to one year prior to expiration, property
owners within the district may apply for renewal of the single-story
combining district designation, following the same procedures as for
an original application. The single-story combining district designation
shall continue while any application for renewal is pending.
(d)
In addition to the procedures for adopting a zone change set forth in Chapters 19.92 and 19.98 of this code, the following special provisions are required when applying for a single-story combining district:
(1)
An application to establish a single-story combining district shall
be initiated by owners of property within the proposed district. In
order to apply, the applicants must demonstrate, by providing documentation,
including a written list of signatures, that at least fifty-five percent
of the property owners in the proposed district support creation of
the district and that they understand they are requesting a zoning
map amendment. An application to repeal an existing single-story combining
district may be made at any time and must also be supported by fifty-five
percent of the property owners within the district.
(2)
The proposed district must be clearly delineated in the application
and must consist of at least twenty homes. In addition, at least seventy-five
percent of the homes in the proposed district must be one-story. To
the extent feasible, the proposed district shall follow a recognizable
feature such as a street, stream, or tract boundary.
(e)
Areas with a single-story combining district shall be designated
on the zoning map by the symbol "S" following the underlying zoning
district designation.
(f)
For sites within the single-story combining district, the following
development regulations shall apply in lieu of the otherwise applicable
site development regulations:
(1)
Height. The maximum height shall be seventeen feet, as defined in Section 19.12.030(10).
(2)
Habitable Floor Limitations. There shall be a limit of one habitable
floor. Habitable floors include lofts, mezzanines and similar areas
but exclude basements.
(3)
The maximum floor area ratio shall be forty-five percent.
(Ord. 2920-10 § 1)
(a)
There is hereby created a combining district to be known as the POA combining district which may be combined with the M-S zoning districts for those uses designated in Chapter 19.22.
(b)
The purpose of the POA combining district is to allow uses that may
include sensitive populations which are otherwise not permitted in
the M-S zoning district.
(c)
Expanded Noticing Required for Education, Recreation and Places of Assembly Uses. For any use permit application for an educational, recreational or place of assembly use in a POA combining district, the notice mailing shall be expanded to 1,000 feet of the subject site, in addition to the requirements of Section 19.98.040 (Public Notice).
(Ord. 2920-10 § 1; Ord. 3043-14 § 2)
(a)
Definition of Mixed Use Development. Mixed use development shall
mean a development consisting of one or more lots developed as a cohesive
project and designed with a blend of various compatible uses such
as commercial, office, and residential.
(b)
Mixed Use Combining District Created—Purpose. There is hereby
created a combining district to be known as MU mixed use combining
district, which may be combined with the R-3, R-4, and R-5 residential
zoning districts. The mixed use combining district is intended to
modify the site development regulations of the R-3, R-4, and R-5 residential
zoning districts, to require the development of commercial/office
uses on appropriately situated residential sites. Mixed use developments
should only be considered if they are located adjacent (within one-half
mile) to a major expressway, or public transit stop (VTA Light Rail
or Cal Train).
(c)
Mixed Use District Intent. The purpose of this section is to encourage
and promote well planned, suitable and appropriate mixed use developments
with residential and commercial/office components within appropriate
areas of the city. The focus is to: allow a more balanced mix of uses
in a mixed use development, provide for the diverse needs of the residents
of the city, allow development flexibility without sacrificing the
existing image and character of the surrounding neighborhood, encourage
efficient land use by facilitating compact, high intensity development
and minimizing the amount of land needed for building area, reduce
neighborhood vehicle trips, and facilitate development that supports
public transit where applicable. A mixed use development should be
safe, comfortable and attractive to pedestrians, patrons and residents.
(d)
Mixed Use Combining District. The mixed use combining district may be established at the discretion of the city council to overlay the R-3, R-4, and R-5 zoning districts in accord with Chapters 19.92 and 19.98. Where the combining district is in effect, the regulations established by this section shall apply instead of the comparable regulations set forth in this title.
(e)
Mixed Use Permit Required. No use shall be established or changed, or any building or structure constructed or altered, upon property in any zoning district with which a MU mixed use district is combined unless either a special development permit is first issued by the director of community development, the planning commission or the city council in accordance with procedures set forth in Chapter 19.90.
(f)
Mixed Use Permit—Uses to Comply. Following issuance of a permit:
(1)
No use shall be established or changed, or any building or structure
constructed or altered, upon property in any zoning district with
which a MU mixed use district is combined except in strict conformity
with the permit and any conditions or requirements attached; and
(2)
No use shall be established or changed, or any building or structure
constructed or altered, in a manner which would not comply with the
regulations of the zoning district with which the MU mixed use district
is combined except for the modifications authorized by the permit,
unless all development on the property covered by the permits is in
strict conformity with the permit issued and all conditions or requirements
attached.
(g)
Mixed Use Combining District—Site Design. Mixed use development
should be designed with the following regards to site design:
(1)
The uses may be located in the same building or in separate buildings.
Projects where the uses are combined in a vertical configuration (within
a building) are encouraged.
(2)
Underground parking for the mixed use development is encouraged.
(3)
Driveways, deliveries, and waste management for the commercial/office
component should be separated to the extent practicable from the residential
uses on site.
(h)
Mixed Use Combining District—Provisions. For sites where the
mixed use combining district is applied, the following development
regulations shall apply in lieu of the otherwise applicable site development
regulations:
(1)
Minimum Lot Size. The minimum project and lot size shall be two acres.
(3)
Commercial/Office Uses Permitted. Uses permitted in the C-1 (neighborhood
commercial) zoning district can be considered for the commercial/office
component, but uses otherwise permitted as a matter of right may not
be approved with this zoning.
(4)
Live/Work Units. Live/work units are allowed in mixed use development
projects. A live/work unit is defined as a single unit (e.g., studio,
loft, or one bedroom) consisting of both a commercial/office and a
residential component that is occupied by the same resident. The live/work
unit shall be the primary dwelling of the occupant. A mixed use development
should not consist exclusively of live/work units.
(5)
Commercial/Office Requirement. The site shall include a commercial/office
component equal to a minimum of ten percent of the lot area (floor
area ratio) and up to a maximum of twenty-five percent of the lot
area. Live/work units may be counted towards up to fifty percent of
the minimum commercial/office standard.
(7)
Consistency With Underlying Zoning. The addition of the MU mixed use combining district shall not operate to reduce or eliminate any requirements established by the underlying district regulations or other requirements unless otherwise approved as a deviation through a special development permit (Chapter 19.90).
(Ord. 2920-10 § 1)
(a)
Definition. A live/work unit is defined as a single unit (e.g., studio,
loft, or one bedroom) consisting of both a commercial/office and a
residential component that is occupied by the same resident. The live/work
unit shall be the primary dwelling of the occupant.
(b)
Applicability. Live/work units are allowed in mixed use (MU) combining
districts.
(c)
Provisions.
(1)
The commercial component of live/work units are intended for use
by the following occupations: accountants; architects; artists and
artisans; attorneys, computer software and multimedia related professionals;
consultants; engineers; fashion, graphic, interior and other designers;
hair stylists; home-based office workers, insurance, real estate and
travel agents; one-on-one instructors; photographers, and similar
occupations;
(2)
In addition to the permitted uses above, the community development
director may authorize other uses using reasonable discretion, as
long as such other uses are not otherwise precluded by law;
(3)
The residential and the commercial space must be occupied by the
same tenant, and no portion of the live/work unit may be rented or
sold separately;
(4)
Residential areas are permitted above the commercial component, to
the side or in back of the business component, provided that there
is internal access between the residential and commercial space;
(5)
The commercial component as designated on the floor plan approved
through the special development permit shall remain commercial and
cannot be converted to residential use;
(6)
The residential component as designated on the floor plan approved
through the special development permit shall remain residential and
cannot be converted to commercial use;
(7)
The commercial component shall be restricted to the unit and shall
not be conducted in the yard, garage or any accessory structure;
(8)
The commercial component shall not detract from, or otherwise be
a nuisance to, the residential character or appearance of the dwelling
units;
(9)
Signage intended to promote on-site commercial uses shall be restricted
to two square foot signs permanently affixed to door or wall of the
business component;
(10)
Signage shall be developed in accordance with a master sign plan
for the overall development site;
(11)
All advertising for on-site commercial uses shall clearly state "by
appointment only" if the live/work address is used;
(12)
The total number of occupations at one address is not limited, except
the cumulative impact of all such commercial uses shall not exceed
the limits set forth in this section for a live/work unit;
(13)
The external access for the commercial component shall be oriented
to the street and should have at least one external entrance/exit
separate from the living space. The entrance to the business component
shall be located on the ground level. Access to the commercial component
of each live/work unit shall be clearly separate from the common walkways
or entrances to the other residential units within the development,
or other residential units in adjacent developments;
(14)
The commercial use shall not generate vehicular traffic, in excess
of normal residential traffic, which will interfere with residential
traffic circulation or shall not cause more than three vehicles including
vehicles used by customers, vendors, or delivery services to visit
the premises per day;
(15)
The live/work unit shall be required to provide parking in accordance with Sunnyvale Municipal Code Chapter 19.46;
(16)
No more than one employee (excluding residents of the dwelling unit)
shall work or report to work on the premises, and the employment of
any persons who do not reside in the live/work unit shall comply with
all applicable building code requirements;
(17)
The commercial use shall not generate external noise, odor, glare,
vibration or electrical interference detectable to the normal sensory
perception by adjacent neighbors;
(18)
No explosive, toxic, combustible or flammable materials in excess
of what would be allowed incidental to normal residential use shall
be stored or used on the premises.
(d)
Prohibited Commercial Uses in Live/Work Units.
(1)
Any use not permitted in R-3, R-4 or R-5 zoning districts, as specified
in Table 19.18.030;
(2)
The retail sale of food and/or beverages with customers arriving
on-site. This does not include online (Internet) sales, mail order,
or off-site catering preparation;
(3)
Entertainment, drinking, and public eating establishments;
(4)
Veterinary services, including grooming and boarding, and the breeding
or care of animals for hire or for sale;
(5)
Businesses that involves the use of prescription drugs;
(6)
Adult-oriented businesses, astrology palmistry, massage, head shops,
and similar uses;
(7)
Sales, repair or maintenance of vehicles, including automobiles,
boats, motorcycles, aircraft, trucks, or recreational vehicles;
(8)
Trade or Private Schools. This excludes private instruction of up
to two students at any one time (e.g., music lessons, tutoring).
(Ord. 2920-10 § 1)
