Chapter 19.32 BUILDING HEIGHTS, LOT COVERAGES AND FLOOR AREA RATIOS

Maximums. Maximum building height, lot coverage, and floor area ratio are shown in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio), with the following exceptions:

R-1.5. In the R-1.5 zoning district, walls facing the side yards cannot exceed twelve feet in height within twelve feet of the side property lines. Second-story wall height is limited to twenty-one feet, exclusive of pitched roof structure.

R-0, R-1, and R-2. In the R-0, R-1, and R-2 zoning districts, dwellings that exceed the maximum floor area ratio or gross floor area must be considered by the planning commission at a public hearing as described in Section 19.80.040 (Procedures and decisions). This requirement does not apply to dual urban opportunity dwelling units that are approved pursuant to Chapter 19.78.

(3)

R-3, R-4 and R-5. In the R-3, R-4 and R-5 zoning districts, a height bonus of up to five feet is allowed when underground parking is included in the development. See Section 19.32.030 (Building heights—Increased—When).

(4)

P-F. In the P-F zoning district, building height and lot coverage cannot exceed the maximums allowed in the most restrictive abutting zoning district. Additional setbacks, as described in Table 19.34.030 (Required Yards), are required for structures that exceed the maximum building height allowed in the most restrictive abutting zoning district.

(5)

C-2 and C-3. In the C-2 and C-3 zoning districts, hotels may exceed seventy-five feet in height if allowed by use permit.

(6)

Special Incentives. Exceptions to maximum building height, lot coverage, and floor area ratio may be al-lowed through Chapter 19.56 (Alternative Energy Systems) and other development incentives adopted by the city coun-cil.

(7)

Other Exceptions. Other exceptions described in this chapter apply.

§ 19.32.030 Buildings heights—Increased—When.

Specific Plan, Precise Plan and Other Specialized Areas. If the lot is within a combining district or specialized plan's prescribed area, the standards established for those areas override the maximums shown in Table 19.32.020.

Table 19.32.020
Building Height, Lot Coverage and Floor Area Ratio
Zoning District	Building Stories	Building Height (ft.)	Lot Coverage	Floor Area Ratio (FAR)
R-0	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-1	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-1.5	2	30	40%	50%
R-1.7/PD	2	30	40%	50%
R-2 (single-family dwellings)	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-2 (all uses other than single-family dwellings)	2	30	45% (single-story dwellings) 40% (two-story dwellings)	55%
R-3	3	35	40%	None
R-4	4	55	40%	None
R-5	4	55	40%	None
R-MH	2	30	None	None
O	2	30	40%	None
P-F	N/A	See Section 19.32.020(a)	See Section 19.32.020(a)	N/A
C-1	2	40	35%	None
C-2	8	75	35%	None
C-3	8	75	35%	None
C-4	2	40	35%	None
M-S	8	75	45%	35%
M-S (70% FAR)	8	75	45%	70%
M-S (100% FAR)	8	100	45%	100%
M-3	8	75	45%	35%

(Prior zoning code §§ 19.32.080(e)(3), 19.40.020; Ord. 2623-99 § 1; Ord. 2650-00 § 3; Ord. 2683-01 § 4; Ord. 2690-02 § 1; Ord. 2731-03 § 2; Ord. 2744-04 § 3; Ord. 2810-06 § 5; Ord. 2875-08 § 2; Ord. 2905-09 § 8; Ord. 2908-09 § 2; Ord. 2975-12 § 1; Ord. 2984-09 § 4; Ord. 2988-12 § 16; Ord. 3038-14 § 1; Ord. 3189-22 § 8)

Towers, spires, chimneys, machinery penthouses not exceeding twenty-five percent of the roof area on which the penthouse is located, scenery lofts, cupolas, water tanks, telecommunications facilities, wind turbines and towers, high bay test facilities, and similar architectural and utility structures, including equipment screening, and necessary mechani-cal appurtenances, may exceed the maximum building height in any zoning district by a maximum of twenty-five feet, unless otherwise permitted pursuant to Chapter 19.54 (Wireless Telecommunication Facilities) or Chapter 19.56 (Alter-native Energy Systems). Provided, however, that no such architectural or utility structure, equipment screening, or neces-sary mechanical appurtenance shall be erected, maintained, or located between the face of the main building and any public street, nor in any required side or rear yard.

§ 19.32.040 Building heights—Distance from property line.

Underground Parking. In the R-3, R-4 and R-5 zoning districts, multiple-family dwelling developments with underground parking may exceed the zoning district height limit by an amount equal to the depth of the underground parking, but by no more than five feet total. For example, an apartment complex with underground parking facility of six feet in depth may exceed the zoning district height limit by no more than five feet.

(Prior zoning code § 19.40.030; Ord. 2623-99 § 1; Ord. 2904-09 § 3; Ord. 2988-12 § 8; Ord. 3038-14 § 2)

Except as otherwise provided in subsection (b), the height of buildings constructed or erected in any commercial or industrial zoning district within seventy-five feet of the property line of property in a single-family residence zoning district shall not exceed twenty feet in the event existing buildings on the adjacent lot are one story or thirty feet if the existing buildings are two-story or the lot is undeveloped.

§ 19.32.050 Public parking zoning districts—Regulations not applicable.

Single-family dwellings and townhomes constructed in any multiple-family residential zoning district adjacent to a single-family residence zoning district shall not exceed thirty feet in height within seventy-five feet of the property line, provided the setback requirements are met.

(Prior zoning code § 19.40.040; Ord. 2810-06 § 6; Ord. 2623-99 § 1)

Lot coverage regulations are not applicable within the boundaries of any off-street public parking zoning district here-tofore formed, or which hereafter may be formed, pursuant to the Sunnyvale Municipal Code, as amended, or any statute of the state of California.

(Prior zoning code § 19.40.050; Ord. 2623-99 § 1)

§ 19.32.060 Limitations on paved surfaces in R-0 and R-1 zoning districts—Required front yard.

Not more than fifty percent of the required front yard of any lot within an R-0 or R-1 zoning district shall be paved with asphalt, concrete cement, or any other impervious surface, except as may be required to meet off-street parking and access requirements of this code.

(Prior zoning code § 19.40.060; Ord. 2623-99 § 1)

§ 19.32.070 Floor area ratio (FAR).

The total floor area ratio of all buildings on a parcel zoned M-S or M-3 and occupied in whole or in part by the following uses shall not exceed thirty-five percent:

Administrative, professional, medical and research and development offices and uses;

Financial institutions, such as banks and savings and loan associations, except drive-through facilities;

(3)

Plants and facilities for the assembly, compounding, manufacture, packaging, processing, repairing, or treatment of equipment, materials, merchandise or products, except for products containing explosives or propellants;

(4)

Public utility buildings and service facilities, electric transmission and distribution substations, and public utility service centers;

(5)

Amusement, athletic, cultural and recreational enterprises;

(6)

Businesses selling merchandise or products at retail or services (such as real estate brokerage services);

(7)

Hazardous materials storage facilities not governed by Section 19.22.060 or Chapter 19.82.

The following are exceptions to the total floor area ratios set forth in subsection (a):

Hazardous materials storage facilities governed by Section 19.22.060 or Chapter 19.82;

Buildings permitted by use permits;

(3)

Temporary offices except floor area will be included for such offices in place for more than four years;

(4)

Architectural design features not utilized for occupancy or storage;

(5)

Bicycle Support Facilities. When showers and/or dressing rooms are provided for use by bicycle commut-ers, the floor area occupied by such facilities may result in an increase in total floor area ratio of up to forty percent if approved through the miscellaneous plan permit process. Request for higher percentage substitutions shall be reviewed by the planning commission using the use permit process.

(c)

The floor area ratios for intensification sites are as follows:

M-S (One Hundred Percent FAR). Parcels within the area as delineated on the zoning map, are allowed a maximum one hundred percent floor area ratio.

§ 19.32.080 Interpretation and application of floor area ratio in M-S (industrial and service) and M-3 (general industrial) districts.

M-S (Seventy Percent FAR). Parcels within the area delineated on the zoning map, are allowed a maximum seventy percent floor area ratio.

(d)

Commercial storage and warehouse uses are limited to fifty percent floor area ratio unless otherwise approved by use permit.

(Prior zoning code §§ 19.32.142, 19.32.145(h), 19.51.035(a)(4); Ord. 2623-99 § 1; Ord. 2655-01 § 2; Ord. 2905-09 § 9; Ord. 2975-12 § 2)

This section is enacted to supplement and to assist in the interpretation and administration of Table 19.32.020.

In determining floor area ratio, all uses conducted on a parcel shall be considered whether or not they are con-ducted by the same person and whether or not they are the same kind of use. In addition, a determination of floor area ratio is an aggregate of uses within a building(s) regardless of the area of building(s) such uses occupy.