A use permit is intended to allow the establishment of those uses which have unique characteristics or special form such that their effect on the surrounding environment must be evaluated for a particular location. The permit application process allows for review of the location, design, configuration of improvements and potential impact on the surrounding area. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration of a use 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 § 19.52.010; Ord. 2623-99 § 1)
Authority for action on a use permit shall be vested as follows:
(a) Minor use permit determined by the director of community development
for:
(1) Projects, structures or activities determined to pose no significant
land use consequences;
(2) Those uses determined to be categorically exempt pursuant to the
terms of the California Environmental Quality Act;
(3) Unenclosed accessory uses when otherwise required under Title 19.
(b) Major use permit determined by the planning commission for:
(1) All applications for a use permit other than those determined to
be minor permits or for minor permits that are determined by the director
of community development to require more extensive community participation;
(2) 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 forty percent. This FAR bonus over thirty-five percent
shall only be allowed for bicycle related facilities.
(Prior zoning code § 19.52.021; Ord. 2623-99 § 1; Ord. 2689-01 § 1; Ord. 2745-04 § 8; Ord. 2848-07 §
6; Ord. 2906-09 § 15; Ord. 3004-13 § 8; Ord. 3209-23 § 2)
(a) The director of community development, after holding at least one
public hearing, may:
(1) Approve the use permit as requested or as changed, modified or conditioned
by the director of community development if the director finds that
the use or project as approved meets at least one of the required
findings.
(2) Deny the use permit if the director finds that the use or project
would not meet either of the required findings.
(b) After receiving either an application for a use permit, or an appeal
from the action of the director of community development on a requested
use permit, and following at least one public hearing, the planning
commission by the affirmative vote of a majority of its voting members
may:
(1) Approve the use permit as requested or as changed, modified or conditioned
by the planning commission if the commission finds that the use or
project as approved meets at least one of the required findings.
(2) Deny the use permit if the commission finds that the use or project
would not meet either of the required findings.
(c) After receiving an appeal or recommendation from an action of the
planning commission on a requested use permit and following at least
one public hearing, the city council by the affirmative vote of a
majority of its voting members may:
(1) Approve the use permit as requested or as changed, modified or conditioned
by the city council if the council finds that the use or project as
approved meets at least one of the required findings.
(2) Deny the use permit if the council finds that the use or project
would not meet either of the required findings.
(Prior zoning code §§ 19.52.030, 19.52.030(b),
19.52.060, 19.52.090; Ord. 2623-99 § 1; Ord. 2745-04 §
9)
The director, planning commission or city council may approve
any use permit 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:
(a) Attain the objectives and purposes of the general plan, specific
plan, precise plan, or other specialized plan of the city of Sunnyvale;
or
(b) 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.
(Prior zoning code § 19.52.030(a), (b); Ord. 2623-99 § 1; Ord. 2920-10 § 3)