A miscellaneous plan permit is an administrative process to allow the determination of the dimensions, colors, materials, architectural elevations, design and placement of the physical characteristics of a project. A miscellaneous plan permit may be used to review the activities noted in this chapter or may be used to review a minor change to a use previously authorized by a use permit, special development permit or variance. Evaluation shall be in accordance with the regulations of this code and with whatever limitations may be specified by the original permit. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration of a miscellaneous plan permit. These provisions shall be used in conjunction with the general requirements and procedures identified in Chapter
19.98 including requirements and procedures for applications, fees, notification, appeals, conditions of approval, modifications, expiration, extensions, revocation and infractions.
(Prior zoning code §§ 19.20.300, 19.51.010; Ord. 2623-99 § 1; Ord. 2905-09 § 16)
(a) General Reviews.
(1) Accessory Dwelling Units. Accessory dwelling units described in Section
19.79.040 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;
(2) Accessory structures as regulated in Chapter
19.40;
(3) Architectural design features not utilized for occupancy or storage
where the floor area ratio exceeds the maximum permitted floor area
ratio;
(4) 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);
(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);
(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.
(1) Accessory dwelling units as regulated in Chapter
19.79;
(2) Dual urban opportunity dwelling units as regulated in Chapter
19.78.
(3) 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:
(2) Arts or crafts exhibitions or shows;
(4) Christmas tree or pumpkin retail sales lot;
(5) Civic promotional events;
(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;
(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 )
(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:
(1) 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.
(2) 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.
(1)
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.
(2)
Dual opportunity dwelling units shall be reviewed for compliance with the standards set forth in Chapter
19.78.
(3)
By-right housing projects shall be reviewed for compliance with the standards set forth in Chapter
19.73.
(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:
(1) Accessory structures as regulated in Chapter
19.40;
(2) Donation centers for used goods;
(4) 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:
(1) 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
(2) 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:
(1) 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;
(2) 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;
(3) 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)
(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:
(1) Attain the objectives and purposes of the general plan, specific
plan, precise plan, or other specialized plan of the city of Sunnyvale;
or
(2) 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:
(1) Attain the objectives and purposes of the general plan of the city
of Sunnyvale; or
(2) Ensure that the proposed use is desirable, and will not be materially
detrimental to the public welfare or injurious to the property, improvements
or uses within the immediate vicinity and within the zoning district.
(Prior zoning code §§ 19.20.070(c), 19.51.020(a)(21)(C)(1)—(2),
19.51.020(e)(1)(A)—(B), (g)(1); Ord.
2623-99 § 1; Ord. 2920-10 § 2; Ord. 3050-14 §
8)