The owner or occupant of land or buildings used for any purpose
in any zoning district shall provide the facilities as required by
and which conform with the regulations set forth in this chapter.
(Ord. 2623-99 § 1)
(a)
General Requirements.
(1)
Except as otherwise provided in subsections (b) and (c), exterior
mechanical, electrical or other type equipment whether installed on
the ground, roof or walls shall be screened from view from adjoining
streets or property.
(2)
Such equipment shall not be located between the face of the building
and the street.
(3)
Screening shall be as high as the highest point of the item being
screened. If higher than eighteen inches, shall meet the side and
rear yard setbacks of the zoning district.
(4)
Screening shall be architecturally compatible with the building upon
or adjacent to where it is constructed.
(5)
The director of community development shall review the architectural
compatibility of proposed screening.
(b)
Mechanical, Electrical or Other Type Equipment. All roof, wall or
ground mounted mechanical, electrical or other type equipment which
exceeds sixteen inches in any dimension shall be screened except:
(c)
Vents, Flues and Other Roof Protrusions.
(1)
All vents, flues and other roof protrusions for buildings in commercial
or residential zones shall be screened or placed so as not to be visible
from public view except:
(A)
Vents, flues or protrusions four inches or less in diameter if painted
or treated to blend with the building or roof.
(B)
On a roof slope of more than two on twelve, in addition to subsection
(a), there is a minimum distance of four feet between any two vents,
flues or protrusions.
(C)
As otherwise permitted by a use permit.
(2)
All vents, flues and other roof protrusions on an industrial building
shall be screened or placed so as not to be visible from public view
except vents, flues and other protrusions less than sixteen inches
in diameter if painted or treated to blend with the building.
(Prior zoning code §§ 19.32.146, 19.46.020,
19.46.030; Ord. 2623-99 § 1; Ord. 2875-08 § 4; Ord. 2904-09 § 4)
(a)
All residential and nonresidential uses shall provide adequate facilities on site for recyclable materials, organic materials, and solid waste ("discarded materials") as required by Chapter 8.16 of this code. Such facilities (including carts, bins, containers, and enclosures) shall be adequate in capacity, number and distribution to serve the uses on-site. The directors of environmental services and community development shall develop detailed procedures and guidelines to ensure the orderly and efficient administration of the requirements of this chapter. These procedures and guidelines are incorporated into this chapter as the "Design Guidelines for Recycling, Organics and Solid Waste Services," which may be amended from time to time by the directors of environmental services and community development.
(b)
Nonresidential uses shall provide enclosures for the storage of discarded
materials.
(c)
Single-family and multifamily uses of three or fewer units shall obtain containers for discarded materials in accordance with Chapter 8.16.
(d)
All residential uses with four or more units shall include centralized
enclosures except that townhouse uses with dedicated attached garages
shall provide for the storage of discarded materials in accordance
with the options and criteria provided in the "Design Guidelines for
Recycling, Organics and Solid Waste Services."
(e)
Enclosures.
(1)
General Requirements.
(A)
Any additions to nonresidential buildings which equal or exceed thirty
percent of the existing floor area of a building or buildings on a
site shall require the property owner to provide adequate enclosures
for the storage of recycling containers and solid waste containers.
(B)
Except when approved as part of a special development permit or use
permit, proposed recycling and solid waste enclosures shall require
the approval of a miscellaneous plan permit by the director of community
development. Plans depicting the proposed design, materials, size
and location of enclosures, and the number, size, type and placement
of bins and containers shall accompany each application submitted
for approval. The design and construction of recycling and solid waste
enclosures shall comply with established city standards. The solid
waste program manager shall advise the director of community development
on the size, location, number and placement of bins, containers and
enclosures required for a use. The public safety department shall
advise the director of community development on fire safety and hazardous
materials containment requirements. The director of community development
may approve an application, require modifications, or may impose additional
requirements to ensure the safe and efficient collection of solid
waste and recyclable materials.
(C)
Each enclosure for discarded materials containers shall have four
sides, one of which shall include a door or gate. Enclosure walls
shall be a minimum of six feet high and fully screen all materials
and containers from public view.
(D)
Recycling and solid waste enclosures shall not be located in any
parking, landscape or setback areas, including any increased setbacks
on commercial and industrial properties as required by the zoning
code, unless otherwise approved by use permit.
(E)
The property owner is responsible for the maintenance and cleanup
of the enclosures. The surface of the enclosure and all areas used
for roll-out and collection shall be maintained in a good condition
that does not create a safety hazard or impede access by the authorized
collector.
(F)
Authorized collectors of discarded materials (as defined in Chapter 8.16) are responsible for the maintenance of their respective bins and containers.
(G)
Driveway or aisle leading to the enclosure shall be a minimum of
sixteen feet in width.
(H)
In a complex where driveways do not extend from street to street,
a turnaround area for the collection vehicle shall be provided.
(I)
Vehicle access to the enclosure shall be unobstructed and provide
a minimum of fifteen feet vertical travel clearance.
(J)
Loading area shall provide a minimum twenty feet vertical operational
clearance. A concrete pad consisting of five inch aggregate base and
six-inch Portland cement paving, or equivalent, as approved by the
director of community development shall be constructed in front of
each enclosure for the collection vehicle. The pad shall have a level
surface where the containers are used.
(K)
Recycling and solid waste enclosures shall be located within one
hundred fifty feet by path of travel from any dwelling unit or commercial
business. The path of travel shall not include any portion of the
public right-of-way.
(4)
Industrial Zoning Districts. Enclosures shall be, at a minimum, slatted
chain link fencing. The director of community development may require
enclosures to be constructed of wood or masonry to be compatible with
the main structure or to enhance the public view of the enclosure.
(f)
Cart Service for Residential Uses.
(1)
Single-family and multifamily uses of three or fewer units shall store recycling and solid waste containers so that they are either screened from public view from the public right-of-way or stored in the side yard of the premises behind the face of the house. Containers may remain in public view for purposes of collection in accordance with Chapter 8.16.
(2)
Townhouse uses with four or more units and dedicated attached garages
that choose to provide individual cart service shall design facilities
in accordance with the criteria provided in the "Design Guidelines
for Recycling, Organics and Solid Waste Services."
(A)
Except when approved as part of a special development permit or use
permit, proposed individual cart service for storage and collection
of discarded materials in multifamily developments of four or more
units shall require the approval of a miscellaneous plan permit by
the director of community development. The director of community development
may approve an application, require modifications, or may impose additional
requirements to ensure the safe and efficient collection of solid
waste and recyclable materials. The solid waste program manager shall
advise the director of community development on adequate facilities
required for the use. The public safety department shall advise the
director of community development on fire safety and hazardous materials
containment requirements.
(Prior zoning code § 19.46.040(a), (b), (d)—(n); Ord. 2623-99 § 1; Ord. 2649-00 § 7; Ord. 2714-02 § 2; Ord. 2816-06 § 2; Ord. 2926-10 §
1; Ord. 3184-21 § 2)
(a)
Purpose. The purposes of this section are to:
(1)
Protect the integrity of the city's neighborhoods.
(2)
Preserve and enhance the high-quality character of neighborhoods.
(3)
Encourage residents to maintain clean neighborhoods by preventing
unsightly accumulation of discarded materials and illegal dumping
of furniture and other municipal solid waste.
(4)
Minimize unattractive elements which clutter the roadway.
(b)
Applicability. The provisions of this section shall apply to all
new multi-family residential development in all zoning districts.
(c)
Required Storage. A minimum of one individual lockable storage unit
shall be provided for each dwelling unit which shall be separate,
lockable, weatherproof, and provided to tenants without an additional
cost.
(e)
Dimensions. The storage space shall be at least eight feet in one
direction and no less than three feet in any other direction. The
maximum height shall not exceed ten feet.
(f)
Location. The storage space may be accessible from inside or outside
the dwelling unit such as a patio, deck, balcony, interior or exterior
hallway, interior room or separate structure. If storage space is
attached to a bedroom it must be in addition to a bedroom closet.
Required storage space shall not be located in an attic. A two-car
garage meeting the minimum area and dimensions shall satisfy the lockable
storage requirement.
(g)
Exceptions. The decision maker may allow the storage space to be
split between two locations under the follow-ing circumstances:
(Prior zoning code § 19.46.042; Ord. 2623-99 § 1; Ord. 2810-06 § 7; Ord. 3111-17 § 2; Ord. 3128-17 §
1)
(a)
For all new multiple-family residential developments that contain
fifty through ninety-nine housing units, a community room or club
house with a minimum meeting space size of two hundred twenty-five
square feet shall be provided on-site for use by all members of the
residential community. For existing fifty through ninety-nine housing
unit multiple-family projects that are remodeled or converted from
rental to ownership housing, any existing community room or club house
shall be retained.
(b)
For all new multiple-family residential developments that contains
one hundred or more housing units, a community room or club house
with a minimum meeting space size of four hundred fifty square feet
shall be provided on-site for use by all members of the residential
community. For existing one hundred or more housing unit multiple-family
projects that are remodeled or converted from rental to ownership
housing, any existing community room or club house shall be retained.
(c)
Notwithstanding subdivisions (a) and (b), the approving authority
for any project subject to the terms of this section may waive the
requirement to provide a community room or club house upon a determination,
based upon the circumstances of the specific project, that the objectives
and purposes of the general plan of the city of Sunnyvale would not
be served by imposing the requirement. In determining whether a waiver
is appropriate, the approving authority shall consider any impacts
the requirement might have on achieving density goals, useable open
space, or other development standards, and also shall consider any
other amenities the proposed project might offer.
(Ord. 2793-05 § 2)
(a)
All new construction of residential dwelling units shall provide
and incorporate therein electronic communications signal distribution
facilities, suitable for use with dish antennas, cable signal services,
and similar master antennas or signal distribution services. Such
facilities shall be constructed to the then current minimum technical
standards to the extent feasible for wiring and other devices suitable
for use by master antenna systems as well as cable television systems.
The facilities required by this section shall terminate at the exterior
wall or roof of the affected building.
(b)
All multiple family units shall be prewired for cable, multiple phonelines
and computers.
(Prior code § 19.46.045; Ord. 2623-99 § 1)
Elevators shall be provided for each residential building of
four or more stores. Each garage level shall be considered a story.
(Ord. 2623-99 § 1)
Depending on a project's impervious surface area, requirements described in the National Pollutant Discharge Elimination System (NPDES) permit may apply. See Chapter 12.60 and Section 19.82.020(23) of this code for stormwater management requirements and the project application process.
(Ord. 2745-04 § 3)
(a)
Except as may be permitted by use permit, all uses within the M-S
(industrial and service) and M-3 (general industrial) districts shall
provide sidewalks along public street frontage. Such sidewalks shall
comply with all applicable specifications and other requirements of
Title 13 of this code, with the exception that alternate surface materials,
colors and design thereof may be authorized by use permit; provided
that durability, safety and compatibility with adjoining improvements
is at least equivalent to the minimum specifications contained in
Title 13. Such sidewalks shall be required at the time of any of the
following and may be made a condition of issuance of any building
permit, certificate of occupancy or other permit required for any
of the following:
(1)
New construction;
(2)
Reconstruction, as defined in subsection (b) of any building or buildings,
involving ten percent of the gross building area, or five thousand
square feet, whichever is less; or
(3)
Expansion of existing individual buildings by ten percent or more
of existing gross floor area, or by five thousand gross square feet,
whichever is less; or
(4)
Change in use requiring a tentative map, special development permit
or use permit having the potential to cause a significant increase
in pedestrian traffic.
(b)
For purposes of this section, the term "reconstruction" shall mean
the demolition and replacement of an existing structure or structures,
or portion thereof, which may either completely replace the original
structure or which may incorporate a portion or portions of the original
building in the new structure. This subsection shall not apply to
reconstruction which is confined entirely to the interior of an existing
structure.
(Prior zoning code § 19.46.055; Ord. 2623-99 § 1; Ord. 2634-00 § 1; Ord. 2905-09 § 10)
(a)
All utilities and communication services associated with new development,
redevelopment, subdivision or change in use shall be placed underground
unless otherwise exempted by this section.
(b)
Utilities and communication services include:
(1)
All sewer, water and gas facilities except appurtenant equipment
such as regulator, metering and testing equipment.
(2)
All electric and communication facilities such as telephone, cable
television, fiber optics, etc. including building service (laterals
and service drops); and distribution (boundary) facilities such as
electric distribution lines of 34.5 KV or less and existing facilities
located on the premises or within rights-of-way contiguous to the
project site.
(3)
Transformers and similar equipment capable of undergrounding located
between a public street and the front of any building.
(4)
Facilities installed in addition to nonconforming equipment if located
between a public street and the front of any building.
(c)
Electric and communication facilities do not include:
(1)
Equipment appurtenant to laterals such as transformers, terminal
boxes and meter cabinets. Transformers and similar equipment capable
of undergrounding located behind the front of any building.
(2)
Existing nonconforming equipment appurtenant to laterals associated
with emergency replacement, enlargement or increase in capacity. Facilities
installed in addition to nonconforming equipment if located behind
the front of any building.
(Prior zoning code §§ 19.20.045, 19.46.060; Ord. 2623-99 § 1; Ord. 2823-06 § 1)
(a)
Required undergrounding may be accomplished on a time schedule approved
by the planning commission or director of community development.
(b)
As conditions of approval for any use permit or special development
permit the planning commission or city council may impose undergrounding
requirements other than those contained in this section.
(c)
All existing electric and communication service laterals shall be
placed underground whenever such service is increased in capacity,
added to or relocated except the addition, alteration or rehabilitation
of single family dwellings.
(d)
When distribution facilities are required to be undergrounded, all
existing on-site and frontage overhead communication and electric
distribution facilities extending from on-site boundary and frontage
lines to off-site poles or build-ings shall be removed and replaced
with underground facilities. Where on-site boundary line poles are
within fifteen feet of a cross property line, a new pole may be required
to be placed at the property line intersection at the discretion of
the director of community development.
(e)
Utilities and communication services which are not required to be
placed underground include:
(1)
Boundary lines and service drops in connection with the addition,
alteration or rehabilitation of an existing single family dwelling.
(2)
Boundary lines in connection with the addition or alteration of any
dwellings other than single family.
(3)
Service drops in connection with the addition or alteration of any
dwelling other than single family unless the service drop is otherwise
modified in the course of construction.
(4)
Boundary lines and service drops in connection with temporary or
accessory unenclosed uses.
(5)
Boundary lines in connection with any unenclosed use on a paved lot
or raw land with frontage less than six hundred feet.
(6)
Change of use in any building having a floor area less than ten thousand
square feet unless in connection with a use permit or special development
permit.
(7)
Boundary lines in connection with a change of use in any building
with a floor area over ten thousand square feet unless in connection
with a use permit or special development permit.
(8)
Boundary lines in connection with new development, redevelopment
or subdivision on a lot or lots having a frontage less than one block,
six hundred feet or one-half the distance between existing poles along
the street frontage, whichever is less.
(9)
Boundary lines and service drops (unless the service drop is otherwise
modified in the course of construction) with the addition of floor
area to an existing building with a frontage less than two hundred
feet except that service drops must be underground if the gross floor
area after the addition exceeds two thousand five hundred square feet.
(10)
Boundary lines where additions to an existing building results in
a gross floor area up to five thousand square feet with a frontage
between two hundred feet and six hundred feet but less than one block.
(11)
Existing single family properties with overhead lines located in
the rear of the property.
(12)
Existing single family properties with overhead lines located in
the front of the property that have less than one hundred fifty feet
of frontage and less than fifteen thousand square feet of land area.
(f)
Waiver of undergrounding requirements. The director of community
development may waive undergrounding requirements if topographical,
soil or any other condition makes underground installation of such
facilities unreasonable or impracticable, or if such undergrounding
would result in the deleterious erection of alternate above-ground
facilities for servicing other properties.
(g)
In lieu fees and deferral agreements.
(1)
The director of community development may allow for an in-lieu fee
and/or a deferral agreement when immediate undergrounding is not feasible
for a qualifying project. Deferral agreements shall specify when the
work and payment are to be completed and shall be recorded against
the property.
(2)
The director of community development may allow for the payment of
an in-lieu fee or a deferral agreement for qualifying property located
in a Rule 20 Area.
(Ord. 2823-06 § 2; Ord. 2905-09 § 10)
(a)
The developer shall bear all costs associated with placing utilities underground as required under Section 19.38.090.
(b)
The developer shall share undergrounding costs with the city in the
following instances:
(1)
Where existing overhead utilities, except service drop to subject
development, extend from the boundary of developer's property across
a public right-of-way or in the case of lines across or into adjoining
private property; or
(2)
Where existing overhead utilities extend beyond a street frontage
boundary of developer's land along a street frontage boundary of an
adjacent property owner; or
(3)
Service drops from the subject development to property not owned
by the developer, where the service drops do not extend directly across
a public right-of-way from the subject development.
(c)
The undergrounding costs in subsection (b) shall be allocated in accordance with the following provisions:
(1)
The developer and the city shall equally divide the cost of placing
utilities underground where the service extends from a pole at the
extremity of the developer's land and extends across a public right-of-way
to a pole fronting on or located on land owned by other than the developer;
(2)
The developer and the city shall each pay a pro rata share of costs
in relation to the percentage of linear feet of service traversing
the land or street frontage of developer's land to that traversing
the land or street frontage of adjacent property not owned by the
developer;
(3)
The city shall pay only the cost of the undergrounding and on-site
conversions on property not owned by the developer where the existing
overhead service drops originate from poles or lines that are not
located along the street frontage or on the developer's land. Such
service drops include street crossings and service drops to adjoining
properties not owned by the developer.
(d)
Nothing herein shall obligate the city of Sunnyvale to pay the allocated costs as described in subsection (b). The city may decide not to contribute to the cost of placing the service underground. In such case, the appropriate review authority of the city reserves the right to substitute a reasonable and less costly alternative; to require partial undergrounding; or to require any reasonable combination of undergrounding, no undergrounding, and conduits to mitigate the visual effects of above-ground service or such alternatives may be utilized in order to facilitate future undergrounding.
(e)
Nothing herein shall prevent the city from seeking reimbursement of amounts expended under the provisions set forth in subparagraphs (1) and (2) of subsection (c) from property owners benefited from the work in the event that the owner of property so benefited subsequently applies for any permit which would have required the placement of utilities underground pursuant to Section 19.38.090.
(Prior zoning code § 19.46.065; Ord. 2623-99 § 1; Ord. 2823-06 § 3)
