City of Sunnyvale, CA GENERAL PROCEDURES

Consideration of a permit or process is initiated by the filing of an application signed by the owner of the land to which the permit or process would be applicable. The application shall be filed with the director of community development on forms furnished for this purpose. The application shall be accompanied by the required fee, plans, elevations and other supporting data set forth in this section, or determined necessary by the director of community development.

Design review and miscellaneous plan permit applications shall include:

Written explanation of project;

Site Plan. All site plans shall show street and sidewalk locations (if applicable) in addition to property lines. The director of community development may require site plans with certified site elevation data;

Architectural elevations of all sides of all buildings indicating exterior materials and colors. Where appropriate, a color and material board may be required. The director of community development may require a streetscape view showing the proposed home and one adjacent home on each side;

Landscaping and irrigation plans for projects that include construction of a new single-family or duplex dwelling unit, or any modification or installation of new landscaping that falls within the thresholds stated in Chapter 19.37. The plans shall meet the information requirements determined by the director of community development to comply with the standards set forth in Chapter 19.37;

Floor plans of all buildings.

Variance, use permit and special development permit filings shall include:

Written explanation of project;

Site plan;

Architectural elevations of all sides of all buildings indicating exterior materials and colors. A color and material board is required.

Tree removal permits shall be filed at least ten working days prior to the proposed date of tree removal and shall include:

The number, location(s), size(s), quality, species and variety of tree(s) to be removed;

A written explanation about why the tree(s) must be removed;

A time schedule for the proposed work.

(e)

Heritage resources and heritage resource district designation filings shall include:

Description detailing the proposed heritage resource's special aesthetic, cultural, architectural, or engineering interest or value of a historic nature;

Sketches, drawings, photographs, or other descriptive material;

Statement of condition of structure.

(f)

For any business-sponsored child care center in any industrial zoning district, and for any use in a POA combining district serving sensitive populations as defined in Section 19.12.200, the following additional application requirements and procedures shall be met:

If the use is proposed within a multi-tenant building, the applicant shall obtain an agreement providing for the limitation of hazardous material users on the same site, which agreement shall be recorded between the property owner, applicant, and city.

The applicant shall acknowledge in writing that it is locating in an industrial area that may result in higher levels of noise, traffic, and exposure to hazardous materials than would normally be encountered in non-industrial areas.

The applicant shall adopt and submit for the approval of city a safety plan designed to protect sensitive populations in the event of a nearby release of hazardous materials.

(g)

For automobile service stations that sell groceries, the applicant shall obtain a miscellaneous plan permit to provide for review of the design and layout of the proposed facilities and parking requirements, to include the following information:

Interior floor plan, to ensure employees can see their surroundings and people (including the police) can see into the market;

Show location of payment area inside the mini-mart to allow easy visibility to the pumps and access points onto the property;

Lighting plan to ensure a well-lit store;

Hours of operation. It may be prudent to require a mini-mart to close at night and allow the gas sales to continue from an outside payment window;

Site plan showing all surrounding buildings, parking and uses, which also shows escape routes from the mini-mart to surrounding areas;

(6)

The number of employees on site at each shift;

(7)

Description of cash control procedures;

(8)

A store security and crime prevention program.

(h)

For automobile service stations that sell beer and wine pursuant to state license, the applicant shall submit an application including all of the information in subsection (g), and shall obtain a use permit or special development permit and the director of community development shall make all of the following findings:

The proposed site must be five hundred feet from a use selling off-site sales of alcohol, unless findings can be made that the additional sales:

(A)

Will not adversely affect the peace, health, safety, morals or welfare of the persons residing or working in the surrounding areas; and

(B)

Will not impair the value of property of other persons located in the vicinity of the area; and

(C)

Will not be detrimental to public health, safety or welfare;

(D)

The proposed site will not exceed a concentration of more than four businesses with off-site sales of alcohol within a one thousand-foot radius, unless the findings in subsection (h)(1) above can be made.

The proposed site shall not be located closer than five hundred feet from any child care center, public park, social service agency, residential care facility, residential service facility or public school, unless the findings in subsection (h)(1) can be made.

(i)

For automobile service stations that sell beer and wine, the applicant shall adhere to the following conditions of approval:

No beer or wine shall be displayed within five feet of the cash register or front door unless it is in a permanently-fixed cooler;

No advertisement of alcoholic beverages shall be displayed at motor fuel islands; and

Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty-one years old.

(Prior zoning code §§ 19.20.050, 19.20.060, 19.50.050, 19.52.020(c), 19.52.040, 19.52.050, 19.52.070, 19.54.030, 19.54.010, 19.56.030, 19.57.030(a), (d)(1)—(3), 19.72.050(a), 19.80.070(b)(1)—(5), 19.80.090(c)(1)—(5), 19.81.080(b)— (d); Ord. 2623-99 § 1; Ord. 2649-00 § 15; Ord. 2802-06 § 7; Ord. 2808-06 § 12; Ord. 2848-07 § 8; Ord. 2908-09 § 6; Ord. 2918-10 § 5; Ord. 2987-12 § 10; Ord. 3033-13 § 3; Ord. 3065-15 § 9)

§ 19.98.030 Fees.

Payment of a fee established by resolution of the city council shall be made at the time of application filing.

The fees for city review of tree surveys, replanting and protection plans for sites which are undergoing development or modification shall be included in the fee for the discretionary permit for which the applicant has applied.

(Prior zoning code §§ 19.12.060, 19.50.040, 19.51.020(c), 19.52.040, 19.54.040, 19.56.030; Ord. 2623-99 § 1)

§ 19.98.040 Public notice.

Minimum Requirements and Applicability. The requirements in this section are considered a minimum and may be expanded or modified by the specific requirements of an application pursuant to this title and by policies adopted by resolution by the city council or as determined by the director.

Failure to Receive Notice. Failure to comply with procedures shall not affect the validity of the person or body holding the public hearing or making the decision to proceed with the hearing or decision.

Notice Content. All public notices shall contain the location of the subject property or area, either by text or diagram, a general description of the proposed project or action, the decision-maker, and the scheduled time, date and place of each public hearing required by this title. If the notice is for an application for which the director of community development is the decision maker and no public hearing is required, the notice shall state the application is available for review and comment for fourteen days following the date on the notice.

Public Notice Prior to Decision. Table 19.98.040 (Public Notice) establishes the methods of which public notice shall be provided before a decision is made on an application in accordance with this title, including appeals, and the minimum number of days public notice shall be provided before the decision date. When required by Table 19.98.040, public notice shall be provided as follows:

Mailing. The notice shall be delivered by mail to the following:

(A)

Applicant and Owner. The applicant and owners of the subject property or area;

(B)

Owners Within Three Hundred Feet. Owners of property within three hundred feet of the subject property or area. This distance shall be measured from all points along the lot lines of the site. If only a portion of a lot is located within the measured distance, the entire lot is considered to be within the required mailing distance;

(C)

Interested Parties. Any person or group, including neighborhood associations, who has filed a written request for notice regarding the specific application or of projects in the area; and

(D)

Appellant. The appellant for an appealed decision.

(E)

Alternative Method for Large Mailings. If the number of owners to whom notice shall be mailed is greater than one thousand, the director may provide notice by placing a display advertisement in at least one newspaper of general circulation in the city.

On-Site Posting. The notice shall be posted at a conspicuous location on each frontage of the subject site. No person shall alter, deface, remove or affect the visibility of the posted notice. The applicant shall ensure the notice remains posted during the entire noticing period and remove the notice no later than five days after the hearing date or decision date referenced on the sign, or date the application has been withdrawn.

Bulletin. The notice shall be posted on the public notice bulletin board at city hall.

Newspaper. The notice shall be published at least once in a newspaper of general circulation in the city.

Table 19.98.040 Public Notice
In the table, the words and symbols are defined as follows:
"Yes" = Required
"-" = Not required

Decision Procedure	Mailing	On-Site Posting	Bulletin	Newspaper	Minimum Days before Decision
Director Decision with Public Notice and No Hearing	Yes	Yes	-	-	14 days or per CEQA
Public Hearing for Site-Specific Application	Yes	Yes	Yes	Yes	10 days or per CEQA
Public Hearing on Legislative Action (such as a zoning text amendment)	-	-	Yes	Yes	10 days or per CEQA
Public Hearing for Appealed Decision	Yes	-	Yes	-	10 days
Public Hearing for Appeal of Incompleteness Determination	-	-	Yes	-	3 days

(Prior zoning code §§ 19.12.100, 19.12.110, 19.51.020(d)(1)—(2), 19.52.025(g)(1)—(2), 19.54.050, 19.54.080, 19.57.030(b), 19.60.010, 19.60.011(a)(1)—(3), 19.72.050(e), 19.80.070(c), 19.80.090(e)—(j), 19.81.180; Ord. 2623-99 § 1; Ord. 2649-00 § 16; Ord. 2650-00 § 9; Ord. 2802-06 § 13; Ord. 2887-08 § 13; Ord. 2905-09 § 18; Ord. 2907-09 § 14; Ord. 2908-09 § 7; Ord. 2966-11 § 21; Ord. 2987-12 § 11; Ord. 3004-13 § 9; Ord. 3031-13 § 4; Ord. 3033-13 § 4; Ord. 3043-14 § 13; Ord. 3176-21 § 8)

§ 19.98.050 Continuance of public hearing.

The director of community development, heritage preservation commission, planning commission or city council, at the time and place set for a required public hearing, may continue a public hearing from time to time when it is determined that such a continuance, to a date and time certain, would not be detrimental to the public interest. Published or posted notice of the time and place of the continued public hearing is not required.

(Prior zoning code §§ 19.12.120, 19.20.070(c), 19.44.030(c)(1)—(2), 19.60.011(b), 19.60.020; Ord. 2623-99 § 1)

§ 19.98.060 Failure to act—Director of community development—Planning commission—City council.

Failure of the director of community development to act within forty days of a determination that a project is exempt from the California Environmental Quality Act, or of the planning commission to act within forty days of the date of adoption of a negative declaration, or within such extended period of time as may be mutually agreed upon by the applicant and the director of community development or planning commission, shall be deemed a denial of the requested permit and for purposes of appeal shall be deemed an action. The director of community development shall send notice of such denial to the applicant postage prepaid, however, failure to send such notice shall not effect the denial or extend any period of time within which an appeal may be taken.

(Prior zoning code §§ 19.20.090, 19.52.025(h), 19.52.080, 19.52.100, 19.54.070, 19.56.050, 19.56.072, 19.57.030(e), 19.80.070 (d)—(i); Ord. 2623-99 § 1; Ord. 2987-12 § 12)

§ 19.98.070 Appeals and calls for review.

Authorization to Appeal. Unless otherwise modified or limited by specific provisions of this title, or otherwise required by state law, decisions may be appealed as follows:

Appeal of Director Decision to Planning Commission. Any person aggrieved by a final decision of the director of community development may appeal the decision to the planning commission.

Appeal of Commission Decision to City Council. Any person aggrieved by a final decision of the heritage preservation commission, arts commission, or planning commission may appeal the decision to the city council, unless the decision of the commission is made final pursuant to a specific provision of this title.

Members of the Planning Commission and City Council. City councilmembers and planning commissioners may call up a decision for review pursuant to subsection (e), and may not appeal a decision unless they are the applicant on the project.

Appeals may be filed by more than one person.

Timing and Filing of Appeal. An appeal shall be initiated as follows:

Appeal Period. Any appeal shall be filed by 5:00 p.m. of the fifteenth day following the decision being appealed. A meeting which extends past midnight is considered to occur on the day it began. When the appeal period ends on a weekend or holiday, the time limits shall be extended to the next working day.

Filing Requirements. An appeal shall be submitted in writing, and shall be accompanied by the required fee, as set by resolution of the city council, and shall state the decision appealed from, the facts and basis for the appeal, and the relief or action sought. Appeals of decisions by the director of community development to the planning commission shall be filed with the community development department. Appeals to the city council shall be filed with the city clerk.

Appeal Stays Action. The timely filing of an appeal shall automatically stay the operative effect of the action, permit, decision or determination from which the appeal has been taken until a final decision is rendered on the appeal.

Withdrawal of Appeal. An appellant may submit a written request to withdraw their appeal any time before the scheduled hearing for the appeal, in which case the appeal shall not move forward and the decision that was the subject of the appeal shall be the final decision.

(e)

Call for Review. Decisions may be called up for review to the next higher decision-making body as follows:

City Council Requests. Any two councilmembers may request city council review of any decision appealable to the city council, as prescribed in this title.

Planning Commission Requests. Any one planning commissioner may request planning commission review of a final decision made by the director of community development after holding a public hearing, if the decision is appealable to the planning commission, as prescribed in this title.

Timing and Filing of Call for Review. To initiate a review, written requests shall be filed prior to the end of the appeal period prescribed in subsection (b). Councilmembers shall file their requests with the city manager; planning commissioners shall file their requests with the director of community development. No reasons shall be stated in the written request for review and no appeal fee shall be required. If councilmembers or planning commissioners call for a review of a decision as provided in this section, there is a presumption that the reason for the review is that the action is of significant importance to the community. No inference of bias shall be made or implied due to such a request for review being filed by a decision-maker.

Procedures and Decisions. Upon receiving a request for city council review of a decision from at least two councilmembers within the designated timeframe, the item shall be placed on the next appropriate agenda, as determined by the city manager. Upon receiving a request for review from at least one planning commissioner within the designated timeframe, the item shall be placed on the next appropriate agenda, as determined by the director of community development. Any matter called up for review pursuant to this section shall be heard in the same manner as an appeal as prescribed in subsection (f).

Call for Review Stays Action. The timely filing of a call for review shall automatically stay the operative effect of the action, permit, decision or determination from which the call has been made until a final decision is rendered on the matter.

(f)

Procedures and Decisions. The procedure for the public hearing on the appeal or call for review shall be conducted as follows:

Public Notice. Public notice of the appeal hearing shall be provided as prescribed in Section 19.98.040 (Public notice).

Scope of Hearing. Consideration of appeals and calls for review shall be de novo. The reviewing body is not bound by the decision that has been appealed or limited to the issues raised on appeal by the appellant.

Decision of Review Body. After the hearing, the reviewing body shall affirm, modify, or reverse the original decision based on the evidence and findings.

(g)

Effective Date of Decision. A decision by the city council or planning commission regarding an appeal or review becomes final on the date of the decision.

(Ord. 3050-14 § 11)

§ 19.98.075 Appeals of incompleteness determinations.

An applicant for a development project that is subject to Section 65920 et seq. of the California Government Code (known as the Permit Streamlining Act) may appeal a determination that the zoning application is incomplete.

The appeal shall be in writing and shall state the facts and basis for the appeal, and the relief or action sought, and shall be accompanied by the required fee.

The appeal shall be filed with the community development department by five p.m. of the fifteenth day after the applicant is notified of the determination that the application is incomplete.

The appeal shall be heard by the Planning Commission no later than sixty days after the filing of the appeal.

(e)

After receiving an appeal from the determination that the application is incomplete, and following a public hearing, the planning commission, whose decision is final, by the affirmative vote of a majority of its voting members, shall determine whether the application is complete or incomplete. In order to determine that an application is incomplete, the planning commission must make all of the following findings:

The item or items identified as incomplete by the city were included in the city's submittal requirement checklist.

The city provided the applicant with a notice of the incomplete item or items within thirty calendar days after the city received the applicant's application.

The notice specified those parts of the application that were incomplete and indicated the manner in which they could be made complete, including a list and thorough description of the specific information needed to complete the application.

The applicant resubmitted the application.

The materials provided by the applicant with the resubmitted application did not include information identified and described in the notice of incompleteness.

(f)

The city shall provide the applicant a written notice of the planning commission's decision following the hearing and before the expiration of the sixty day period for hearing the appeal.

(Ord. 3176-21 § 9)

§ 19.98.090 Conditions of approval.

The director of community development, planning commission or city council may approve any permit, or approve the same upon such conditions in addition to those expressly provided in applicable provisions of this code, as it finds desirable in the public interest.

For appurtenant, temporary, hazardous materials storage or emergency container uses conditions may include those determined to be reasonably necessary in connection with the hours of operation, visual screening, cleanup of the location or premises, use of lights or lighting or other means of illumination, or operation of any loudspeaker or sound amplification or any other aspect of the project, in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises or any public nuisances.

In addition to any other conditions imposed, the director of community development may require the posting of a cash security in an amount sufficient to guarantee the removal of any fixtures, equipment or stands and the cleanup of the location or premises immediately upon the expiration of any temporary use.

(Prior zoning code §§ 19.32.070(d)(1)—(e), 19.52.030(g); Ord. 2623-99 § 1; Ord. 2966-11 § 23)

§ 19.98.100 Revisions or modifications.

Except as otherwise specified in conditions of approval, major changes to an approved project must be reviewed by the original approving authority through the applicable application process.

(Ord. 2623-99 § 1)

§ 19.98.110 Expiration.

A permit shall expire and become null and void in the event that the permit has not been exercised:

Within two years after the date such permit was approved by the final review authority except that miscellaneous plan permits and tree removal permits shall expire after one year.

If the use is discontinued for more than one year.

(Prior zoning code §§ 19.20.140, 19.51.040, 19.52.025(i), 19.52.130, 19.54.090, 19.56.090, 19.72.050(d), 19.80.142; Ord. 2623-99 § 1; Ord. 2808-06 § 9)

§ 19.98.120 Extension.

Reasonable extensions of time not exceeding one year may be approved by the director of community development by miscellaneous plan permit if it is determined that there have been no changes of circumstances or that no substantive changes have been made to the application since the permit was approved. Extensions are only valid if approved before the pending expiration date, and are measured from that date. An extension may be approved for any time length up to a maximum of one year. Additional extensions may be approved, provided that the total of all extensions shall not exceed one year from the date of the expiration of the original approval, except that the director of community development may approve an additional one-year extension (for a total of two years) of such permit, and the planning commission, after a public hearing thereon, may approve subsequent one-year extensions of miscellaneous plan permits issued for:

A mobile or motor home in any nonresidential zoning district or in conjunction with a church in any zoning district for demonstrated security purposes.

Portable offices used for nonresidential purposes in industrial and office zoning districts.

(Prior zoning code §§ 19.20.145, 19.51.035(c), 19.52.135, 19.54.095, 19.56.095, 19.80.143; Ord. 2623-99 § 1)

§ 19.98.130 Revocation.

A permit may be revoked by the city council, after a public hearing thereon, by an affirmative vote of a majority of its voting members, when the city council finds a violation of or noncompliance with the conditions of approval of such permit.

(Prior zoning code §§ 19.20.150, 19.52.025(i), 19.52.140, 19.56.100; Ord. 2623-99 § 1)

§ 19.98.140 Violations.

Any person violating or permitting the violation of or who fails to comply with the terms and conditions of a permit approved pursuant to this title shall be guilty of an infraction, and upon conviction thereof shall be punishable as set forth in Chapter 1.04 of this code.