Chapter 19.82 MISCELLANEOUS PLAN PERMIT

Accessory Dwelling Units. Accessory dwelling units described in Section 19.79.080(e) shall be reviewed by the director of community development for compliance with the standards set forth in Chapter 19.79. The permit shall be considered ministerially without discretionary review within the time frames required by Chapter 19.79; when the application is in compliance with the relevant standards, the permit shall be issued. The director's decision shall be final;

Accessory structures as regulated in Chapter 19.40;

Architectural design features not utilized for occupancy or storage where the floor area ratio exceeds the maximum permitted floor area ratio;

Child care centers with an occupant load of thirty persons or fewer in the P-F and C-1 zoning districts;

(5)

Colors and/or materials (exterior);

(6)

Fences required by Section 19.48.025;

(7)

Hazardous materials storage facilities in accordance with Section 19.22.060;

(8)

Incidental and accessory storage, ground-mounted mechanical equipment or appurtenances if it does not exceed five percent of the net lot area upon which it is located and is fully screened by buildings or sight-proof screening from eye level view from public streets and adjacent property;

(9)

Landscaping and/or irrigation plans;

(10)

Lighting plans (exterior);

(11)

Master sign programs (adoption or modification);

(12)

Medical clinics;

(13)

Moving van or loading spaces, car washing areas, children's play areas;

(14)

Outdoor seating for existing restaurants (on premises), and in the DSP district when such seating will be located in the public right-of-way (off-premises), and there will be no changes to the exterior of the building;

(15)

Parking lot configuration and paving standards and materials;

(16)

Parking lot designs, including, but not limited to, circulation, ingress, egress, layout of parking bays and any proposed assigned spaces;

(17)

Parking management plans;

(18)

Reasonable accommodation requests not made concurrently with an application for some other discretionary approval;

(19)

Recycling and Trash Enclosures. In making a determination, the director of community development shall be advised by the solid waste program manager on the size, number and type of enclosures, and by the department of public safety on fire safety and hazardous materials containment requirements;

(20)

Retail alcoholic beverage outlets, in any zoning district, subject to the requirement of California Business and Professions Code Section 23958.4(b)(2) of a finding of public convenience or necessity, except:

(A)

Those outlets that are exempt pursuant to Business and Professions Code Section 23958.4(a) as not located in an area of undue concentration.

(B)

Retail alcoholic beverage outlets which, at the time of application, are located within an area subject to undue concentration but which as a part of a development application are subject to the requirements of a use permit or a special development permit and through which application the finding of public convenience or necessity will be or has been made.

(C)

Applications which are technical in nature, such as for a mailing address of record but where no alcoholic beverages will be or are located on the premises for business purposes, or changes of ownership which occur within a period of ten years for an establishment which has previously been reviewed through a miscellaneous plan permit, special development permit or use permit and obtained a finding of public convenience or necessity;

(21)

Signs for which a Master Sign Program is not required;

(22)

Solar energy system incentives and accommodations as provided for in Chapter 19.39;

(23)

Temporary commercial signs;

(24)

Waiver of screening requirements for exposed mechanical equipment;

(25)

Applications for the Green Building FAR Bonus, as provided for in Section 19.39. Forms and requirements will be supplied by the director of community development. The decision on whether the building qualifies for the bonus is made by the director of community development, whose decision shall be final. Applicants are not precluded from resubmitting relevant and revised information to qualify for the bonus.

(b)

Ministerial Reviews.

Accessory dwelling units as regulated in Chapter 19.79;

Dual urban opportunity dwelling units as regulated in Chapter 19.78.

By-right housing developments as regulated in Chapter 19.73.

(c)

Extensions of time for landmark alteration permits, special development permits, use permits and variances.

(d)

Temporary unenclosed uses subject to Chapter 19.61 (Temporary Unenclosed Uses) or appurtenant uses are permitted for:

Amusement rides;

Arts or crafts exhibitions or shows;

Car washes;

Christmas tree or pumpkin retail sales lot;

(5)

Civic promotional events;

(6)

Flea markets;

(7)

Petting zoos;

(8)

Religious or cultural festivals;

(9)

Reverse vending machines in convenience zones as defined in California Public Resources Code Section 14509.2. This section shall not apply to reverse vending machines located within the perimeter of an existing commercial or industrial structure;

(10)

Satellite dish, ground, wall and roof mounted antennas as specified in Chapter 19.54;

(11)

Swimming pool heaters;

(12)

Trailers used for other than residential purposes;

(13)

Walk-up service windows, including automated banking or vending devices;

(14)

Window-mounted air conditioning units.

(e)

Appurtenant swimming pool heaters and window-mounted air conditioning units which are permitted within any residential zoning district.

(f)

Emergency containers in accordance with Section 19.22.050.

(g)

Floor area ratio which would otherwise meet the maximum of thirty-five percent except that floor area occupied by showers and/or dressing rooms provided for use by bicycle commuters increases the total floor area ratio over thirty-five percent but less than forty percent. This FAR bonus over thirty-five percent shall only be allowed for bicycle related facilities. Request for higher percentage substitution shall be reviewed by the planning commission through the use permit process.

(h)

Mobile or portable living units as allowed by Chapter 19.68.

(i)

Mobile homes as allowed by Chapter 19.68.

(j)

In conjunction with a valid building permit, a portable storage unit (including cargo containers) may be allowed on private property during building construction or remodeling. The storage unit or cargo container shall be removed no later than one year from issuance of the miscellaneous plan permit or the completion of construction, whichever comes first.

(k)

In conjunction with a valid building permit, debris boxes or dumpsters may be allowed on private property during building construction or remodeling. The debris box or dumpster shall be removed no later than one year from issuance of the miscellaneous plan permit, or the completion of construction, whichever comes first.

(l)

Waivers from providing on-site art in private development and permission to pay an in-lieu art fee.

(Prior zoning code §§ 19.46.0140(c), 19.51.020(a)(1)—(21)(B)(3), 19.51.030 (a)(1)—(b), (f), 19.52.015; Ord. 2623-99 § 1; Ord. 2649-00 § 13; Ord. 2692-02 § 4; Ord. 2726-03 § 4, 2003; Ord. 2745-04 § 4; Ord. 2744-04 § 2; Ord. 2837-07 § 2; Ord. 2848-07 § 5; Ord. 2875-08 § 8; Ord. 2877-08 § 9; Ord. 2887-08 § 12; Ord. 2894-09 § 7; Ord. 2905-09 § 16; Ord. 2907-09 § 13; Ord. 2966-11 § 20; Ord. 2987-12 § 8; Ord. 3043-14 § 8; Ord. 3105-16 § 12; Ord. 3154-20 § 10; Ord. 3156-20 § 5; Ord. 3162-20 § 5; Ord. 3189-22 § 11; Ord. 3223-24, 2/6/2024; Ord. 3240-25, 4/8/2025)

§ 19.82.030 Procedures and decisions.

(a)

Review without Public Notice or Hearing by Director. Except for those applications listed in subsections (b) and (c), the director of community development, without notice or hearing, may:

Approve the miscellaneous plan permit as requested or as changed, modified or conditioned by the director, if the director finds that the use or project as approved meets at least one of the required findings.

Deny the miscellaneous plan permit if the director finds that the use or project would not meet either of the required findings.

(b)

Ministerial Reviews. For miscellaneous plan permit applications listed in this section, the director of community development, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The director's decision may be appealed to planning commission only by the applicant or the owner of the subject property.

Accessory dwelling units shall be reviewed for compliance with the standards set forth in Chapter 19.79, within the time frames set forth in that chapter.

Dual opportunity dwelling units shall be reviewed for compliance with the standards set forth in Chapter 19.78.

By-right housing projects shall be reviewed for compliance with the standards set forth in Chapter 19.73.

(c)

Review with Public Notice and No Hearing by Director. For miscellaneous plan permit applications listed in this subsection, the director of community development may, after providing public notice as described in Chapter 19.98 (General Procedures) and a fourteen day public comment period, approve the application as requested or as changed, modified or conditioned by the director, or deny the application based on the required findings. The following miscellaneous plan permit applications shall require review with public notice and no hearing:

Accessory structures as regulated in Chapter 19.40;

Donation centers for used goods;

Medical clinics; and

As otherwise required by this title.

(d)

Review with Public Notice and No Hearing by Director. For miscellaneous plan permit applications listed in this subsection, the director of community development may, after providing public notice as described in Chapter 19.98 (General Procedures) and a fourteen-day public comment period, approve the application as requested or as changed, modified or conditioned by the director, or deny the application based on the required findings. The following miscellaneous plan permit applications shall require review with public notice and no hearing:

Accessory structures as regulated in Chapter 19.40;

Donation centers for used goods;

Medical clinics; and

As otherwise required by this title.

(e)

Appeal of Decision by Director—General. After receiving an appeal from the decision of the director of community development on a miscellaneous plan permit, and following a public hearing, the planning commission, whose decision is final, by the affirmative vote of a majority of its voting members may:

Approve the miscellaneous plan permit as requested or as changed, modified or conditioned by the commission, if the commission finds that the use or project as approved meets at least one of the required findings; or

Deny the miscellaneous plan permit if the planning commission finds that the use or project would not meet either of the required findings.

(f)

Appeal of Decision by Director—Determination of Convenience and Necessity. The decision by the director of community development on a determination of a finding of convenience or necessity may be appealed directly to the city council. After receiving an appeal from the decision of the director on a requested determination of convenience or necessity and following a public hearing, the city council by the affirmative vote of a majority of its voting members may:

Approve the determination of convenience or necessity as requested or as changed, modified or conditioned by the council (including limits to hours of operation, outdoor activities, live entertainment, etc., necessary for the preservation of the public health, safety or welfare) if the council finds that the determination as approved meets at least one of the required findings;

Deny the application if the council finds that the use or project would not meet either of the required findings. A denial action constitutes a determination by the city that the public convenience or necessity would not be served by issuance of a license by the Department of Alcoholic Beverage Control;

Upon a decision by the city council to approve or deny an application on appeal for a determination of a finding of convenience or necessity, the director of community development is authorized to prepare a letter addressed to the applicant on behalf of the city, declaring that the city has made a determination that the public convenience or necessity would or would not be served by issuance of a permit for the purposes of Business and Professions Code Section 23958.4(b)(2), and that such determination shall be final.

(Prior zoning code §§ 19.46.050(f), 19.51.020(e)(1),(2), (g)(1), (2); Ord. 2623-99 § 1; Ord. 3043-14 § 9; Ord. 3050-14 § 7; Ord. 3189-22 § 12; Ord. 3223-24, 2/6/2024)

§ 19.82.040 Findings.

(a)

The director or planning commission may approve any miscellaneous plan permit, with the exception of a determination of convenience or necessity, upon such conditions, in addition to those expressly provided in other applicable provisions of this code, as it finds desirable in the public interest, upon finding that the permit will either:

Attain the objectives and purposes of the general plan, specific plan, precise plan, or other specialized plan of the city of Sunnyvale; or

Ensure that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties.

(b)

The director or city council may approve a miscellaneous plan permit for a determination of convenience or necessity finding that the approval will either:

Attain the objectives and purposes of the general plan of the city of Sunnyvale; or