Sunnyvale City Zoning Code
ARTICLE 1
GENERAL PROVISIONS
§ 19.02.010 Title.
This title shall be known and may be cited and referred to as the "Uniform Planning and Zoning Code of the City of Sunnyvale."
(Prior zoning code § 19.02.010; Ord. 2623-99 § 1)
§ 19.02.020 Adoption-Charter authority.
This title is adopted pursuant to the powers of the city of Sunnyvale as a charter city as provided in Article IV of the City Charter, and as authorized by Section 6 of Article XI of the Constitution of the State of California.
(Prior zoning code § 19.02.020; Ord. 2623-99 § 1)
§ 19.02.030 Purpose.
It is the purpose of the provisions of this title:
(a)
To protect and promote the public health, safety, peace, comfort and general welfare;
(b)
To establish the procedure for adoption of the general plan for the physical development of the city of Sunnyvale and land outside its corporate limits which may be included within the city of Sunnyvale at a future time, and adoption of specific plans, precise plans, including precise zoning plans, and amendments thereof;
(c)
To create zoning districts and regulations applicable thereto, and to:
(1)
Classify, regulate, restrict and segregate the uses of land and buildings,
(2)
Regulate and restrict the location, height and bulk of buildings,
(3)
Regulate the dimensions and areas of yards and other open spaces, and the density of population, and of commercial and industrial activities,
(4)
Conserve the values of property, and protect the character and stability of residential, commercial and industrial areas, and promote the orderly and beneficial development of such areas,
(5)
Provide adequate light, air, privacy and convenience of access to property, and lessen or avoid congestion in the public streets and highways,
(6)
Divide the entire city of Sunnyvale into zoning districts of such number, shape, area, and of such different classes, according to the use of land and building and the intensity of such use as may be deemed best suited to carry out the purpose of this code,
(7)
Prohibit uses, buildings or structures incompatible with the character of such zoning districts,
(8)
Prevent additions to and alterations or remodeling of existing buildings or structures in such a manner as to avoid the restrictions and limitations lawfully imposed hereunder,
(9)
Protect against fire, noxious fumes and other hazards in the interest of public health, safety, peace, comfort and general welfare,
(10)
Provide for the elimination of incompatible and nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each zoning district, and
(11)
Define the powers and duties of the administrative officers and bodies as provided herein.
(Prior zoning code § 19.02.030; Ord. 2623-99 § 1)
§ 19.04.010 Adoption.
The scope and content of the general plan and precise plans, and procedures for the adoption and amendment of the general plan and precise plans, respectively, are hereby adopted and established.
(Prior zoning code § 19.12.010; Ord. 2623-99 § 1)
§ 19.04.020 Contents.
The general plan shall contain a statement of objectives, principles and standards and supporting maps, diagrams, charts and descriptive material concerning the following:
(a)
A land use element which designates the proposed general distribution, location and extent of the uses of land for housing, business, industry, recreation, education, government and other categories of public and private uses of land;
(b)
A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, and other local public utilities and facilities, all correlated with the land use element of the plan;
(c)
Standards of population density and building intensity and estimates of future population growth correlated with the land use element of the plan;
(d)
Any other elements required by state law or which in the judgment of the city council require inclusion in the plan. Elements may be combined or renamed as determined appropriate.
(Prior zoning code § 19.12.020; Ord. 2623-99 § 1)
§ 19.04.030 Precise plans-Contents.
Precise plans may be adopted from time to time which implement, extend or modify in more precise detail the general plan. Precise plans may include:
(a)
Provisions classifying, limiting, regulating, restricting and segregating the uses of land and buildings; regulating and restricting the location, height, and bulk of buildings; regulating the dimensions and area of yards and other open spaces; and regulating the density of population and commercial and industrial activities;
(b)
Provisions limiting, regulating and restricting the location of buildings and other improvements with respect to existing or planned rights-of-way for flood control purposes and highway and street purposes.
(Prior zoning code § 19.12.030; Ord. 2623-99 § 1)
§ 19.04.040 Certification to other agencies.
A certified copy of the general plan or any amendment thereof, and any precise plan or amendment thereof, which includes land outside the boundaries of the city, shall be filed by the city clerk with the legislative body and planning commission of the county or city the land of which is included in the plan.
(Prior zoning code § 19.12.140; Ord. 2623-99 § 1)
§ 19.06.010 Purpose.
It is the purpose of the provisions of this chapter to protect and promote the public health, safety, peace, comfort, or general welfare; and specifically to provide for the systematic execution of the circulation element of the general plan for the city of Sunnyvale, by designating the precise location of planned rights-of-way and limiting the location of buildings and other improvements with respect to planned rights-of-way, and to provide an authentic source of information as to the development of the city of Sunnyvale. This chapter is adopted pursuant to Article 8, Chapter 3 of Division 1 of Title 7 of the California Government Code (§ 65450 et seq.) and shall be cited and referred to as the official plan lines ordinance of the city of Sunnyvale.
(Ord. 2623-99 § 1)
§ 19.06.020 Construction or enlargement of improvements prohibited.
No building, structure, or other improvement, shall be erected, constructed, enlarged, or placed within the official plan lines established by this chapter, or amendments hereto, except that this section shall not apply to garden and agricultural crop planting or fences and agricultural irrigation systems in connection therewith; street, curb, gutter, and sidewalk improvements; public utility poles, and pipelines; or a temporary building or structure having a value of not more than one thousand dollars; provided, however, that prior to the construction of any temporary building or structure the owner of the property on which it is to be located shall execute an agreement with the city of Sunnyvale in accordance with the provisions of Section 19.06.040.
(Prior zoning code § 19.64.030; Ord. 2623-99 § 1)
§ 19.06.030 Conflicting permits or licenses void.
All departments, officials, and public employees of the city of Sunnyvale which are vested with the duty or authority to issue permits, licenses, or grant approval of the subdivision of land, shall conform to the provisions of this chapter and shall issue no such permit, license, or approval for uses, buildings, structures, or subdivisions where the same would be in conflict with the provisions of this chapter. Any such permit, license, or approval shall be null and void if issued in conflict with the provisions of this chapter.
(Prior zoning code § 19.64.040; Ord. 2623-99 § 1)
§ 19.06.040 Improvements permitted under certain conditions-Agreement for removal.
In the event there are special conditions or exceptional characteristics in the nature of a particular parcel of property, including size, shape, topography, location, or surroundings, such that a literal enforcement of this chapter in the particular case would result in practical difficulties or unnecessary hardships, the owner of the property may apply to the city council for permission to erect, construct, enlarge, or place a building, structure, or other improvements, other than those permitted in Section 19.06.020, within the official plan lines established by this chapter. The city council may grant such permission if (1) it is found necessary for the preservation and enjoyment of substantial property rights, (2) it would not constitute a grant of special privilege inconsistent with the limitations imposed by this chapter on other properties in the vicinity of the affected property, and (3) it would not be contrary to the intent of this chapter or to the purposes and objectives of the general plan. Such permission shall be granted only upon the condition that the owner of the property shall execute an agreement with the city, wherein the owner agrees to remove such building, structure, or other improvements, at the owner's own expense upon the acquisition by the city of an easement in and across the property for street purposes. The agreement shall include such other conditions as the city council deems reasonable to carry out any of the provisions of this chapter, including, but not limited to, a time limitation and the requirement that the property owner post a surety bond in such amount as may be fixed by the city council guaranteeing faithful performance of the terms and conditions of the agreement, including the covenant to remove at the owner's own expense the building, structure, or other improvements.
(Prior zoning code § 19.64.050; Ord. 2623-99 § 1)
§ 19.06.050 Maps-Adopted-Designation. [1]
Official plan lines shall be clearly delineated on maps which, together with all data and information indicated thereon, shall upon adoption by the planning commission and the city council, be made a part of this chapter. The maps are:
Arques Avenue: "Official Plan Lines of Arques Avenue, Lawrence Station Road to Sunnyvale Avenue."
Arques Avenue: "Official Plan Lines of Arques Avenue Between Point 603° West of Mathilda Avenue and Sunnyvale Avenue."
Ashcroft Way: "Official Plan Lines of Ashcroft Way between Barton Drive and Barton Drive."
Belfry Way: "Official Plan Lines for Belfry Way beginning at the east side of Sydney Drive 282 feet south of Fremont Avenue to east end of Belfry Way."
Bernardo Avenue: "Official Plan Lines for Bernardo Avenue between El Camino Real and Evelyn Avenue."
Borregas Avenue: "Official Plan Lines of Borregas Avenue between Bayshore Highway and Mountain View-Alviso Road."
Britton Avenue: "Official Plan Lines of Britton Avenue between Maude Avenue and Arques Avenue."
Central Expressway: "Official Plan Lines for Central Expressway, Mtn. View City Limits to Santa Clara City Limits."
Coolidge Avenue: "Official Plan Lines for Coolidge Avenue, Sunset Avenue to Pastoria Avenue."
Del Rey Avenue: "Official Plan Lines of Del Rey Avenue between Pastoria Avenue and Macara Drive."
Duane Avenue: "Official Plan Lines for Duane Avenue, Fair Oaks Avenue to Lawrence Station Road."
Duane Avenue Connector: "Official Plan Lines for Duane Avenue Connector on the East Side of Lawrence Station Road."
Dunford Avenue: "Official Plan Lines of Dunford Avenue between Quail Avenue and Marion Way."
El Camino Real: "Official Plan Lines of El Camino Real between a Point Approximately 1,300 Feet West of Bernar-do Avenue and a Point Approximately 160 Feet East of Helen Avenue."
Evelyn Avenue: "Official Plan Lines for Evelyn Avenue, Bernardo Avenue to Bayview Avenue."
Evelyn Avenue: "Official Plan Lines for Evelyn Avenue between Bayview Avenue and Reed Avenue except portion between Fair Oaks Avenue and Pacific Gas and Electric Right-of-Way."
Fair Oaks Avenue: "Official Plan Lines of Fair Oaks Avenue between Bayshore Highway and Mountain View-Alviso Road."
Fair Oaks Avenue: "Official Plan Lines of Fair Oaks Avenue between Bayshore Highway and Persian Drive."
Fair Oaks Avenue: "Official Plan Lines of Fair Oaks Avenue between Duane Avenue and Ahwanee Avenue."
Fair Oaks Avenue: "Official Plan Lines for Fair Oaks Avenue, Kifer Road to Lincoln Avenue."
Fair Oaks Avenue-Wolfe Road Connection: "Official Plan Lines of Fair Oaks Avenue-Wolfe Road Connection between Duane Avenue and Britton Avenue."
Fair Oaks Avenue-Wolfe Road Connection: "Official Plan Lines of Fair Oaks Avenue-Wolfe Road Connection between Stewart Drive and Fair Oaks Avenues."
Fontana Drive: "Official Plan Lines of Fontana Drive between DeGuigne Drive and San Xavier Avenue."
Foxtail Drive: "Official Plan Lines of Foxtail Drive between Future Iris Avenue and Golden Oak Drive."
Fremont Avenue: "Official Plan Lines for Fremont Avenue, Stevens Creek to El Camino Real."
Gail Avenue: "Official Plan Lines of Gail Avenue between Iris Avenue and Old San Francisco Road."
Hollenbeck Avenue: "Official Plan Lines for Hollenbeck Avenue, Homestead Road to El Camino Real."
Homestead Road: "Official Plan Lines for Homestead Road, Lawrence Station Road to Stevens Creek."
Homestead Road: "Official Plan Lines of Homestead Road between Mary Avenue and Calabazas Creek."
Iowa Avenue: "Official Plan Lines for Iowa Avenue, Mathilda Avenue to Carroll Street."
Iris Avenue: "Official Plan Lines of Iris Avenue between Fair Oaks and Golden Oak Drive."
Kifer Road: "Official Plan Lines for Kifer Road between Lawrence Expressway and the Most Easterly City Limits."
Kifer Road: "Official Plan Lines for Kifer Road, Fair Oaks to Lawrence Station Road."
Lawrence Station Road: "Official Plan Lines for Lawrence Station Road, Mtn. View-Alviso Road to the Southerly Line of a Subdivision Located on the Southwest Corner of Jackson Avenue and Lawrence Station Road."
Lincoln Avenue: "Official Plan Lines for Lincoln Avenue, Bayview Avenue to Reed Lane, Except Portion between Fair Oaks Avenue and Pacific Gas and Electric Company Right-of-Way."
Lincoln Avenue Extension: "Official Plan Lines for Extension of Lincoln Avenue from Fair Oaks Avenue to Pacific Gas and Electric Company Right-of-Way."
Londonderry Drive: "Official Plan Lines of Londonderry Drive between Heron Avenue and a Point Approximately 1200 feet Westerly of Heron Avenue."
Londonderry Drive: "Official Plan Lines for Londonderry Drive, Martin Avenue to a Point Approximately 72 feet East of Center Line of Longspur Avenue."
Mary Avenue: "Official Plan Lines for Mary Avenue, Homestead Road to Washington Avenue."
Mary Avenue: "Official Plan Lines of Mary Avenue between Washington Avenue and a Point 766 feet North of Evelyn Avenue."
Mathilda Avenue: The Official Plan Lines for Mathilda Avenue are divided into two segments:
(a) | Mathilda Avenue: "Official Plan Lines for that portion of Mathilda Avenue between El Camino Real and Washington Avenue" superseding the former Official Plan Line for that portion adopted by Ordinance 856 in 1960; and |
(b) | Mathilda Avenue: Official Plan Lines for that portion of Mathilda Avenue between Washington Avenue and the Most Northerly City Limits, as established in "Official Plan Lines for that portion of State Route No. 114 Within the City Limits of Sunnyvale (known as Mathilda Avenue), El Camino Real (U.S. 101) to the Most Northerly City Limits." |
Maude Avenue: "Official Plan Lines for Maude Avenue, Mathilda Avenue (State Route 114) to the Most Westerly City Limits."
Morse Avenue: "Official Plan Lines of Morse Avenue between Morse Court and Ahwanee Avenue."
New Brunswick Drive: "Official Plan Lines of New Brunswick Drive between Homestead Road and a Point 1449 feet North of Homestead Road."
Old San Francisco Road: "Official Plan Lines of Old San Francisco Road between Sunnyvale Avenue and Wolfe Road."
Olive Avenue: "Official Plan Lines of Olive Avenue between Pastoria Avenue and Mary Avenue."
Ontario Court: "Official Plan Lines for the Southwest Segment of the Ontario Court Cul-de-Sac."
Reed Avenue: "Official Plan Lines of Reed Avenue between Wolfe Road and Lawrence Expressway."
Remington Drive - Fair Oaks Avenue: "Official Plan Lines of Remington Drive-Fair Oaks Avenue between Stevens Creek and Bayshore Highway."
Saratoga-Sunnyvale Road: "Official Plan Lines of Saratoga-Sunnyvale Road between El Camino Real and the Most Southerly Sunnyvale City Limits."
San Xavier Avenue: "Official Plan Lines for San Xavier Avenue, Duane Avenue Plan Lines to a Point Approximately 1136 Feet North of the Centerline of Arques Avenue."
Tasman Drive: "Official Plan Lines of Tasman Drive between Morse Avenue and the Calabazas Drainage Channel."
Taylor Avenue: "Official Plan Lines for Taylor Avenue between Fair Oaks Avenue and Britton Avenue."
Wolfe Road: "Official Plan Lines for Wolfe Road, Homestead Road to Old San Francisco Road."
Wolfe Road: "Official Plan Lines for Wolfe Road, Reed Lane to Arques Avenue."
Wolfe Road: "Official Plan Lines of Wolfe Road between Kifer Road and Britton Avenue, and between Reed Avenue and the Northerly Boundary of Tract Number 3192."
Wolfe Road: "Official Plan Lines of Wolfe Road between Kifer Road and Reed Avenue."
Wolfe Road Extension: "Official Plan Lines for Wolfe Road Extension, Arques Avenue to De Guigne Drive."
(Prior zoning code § 19.64.060; Ord. 2623-99 § 1; Ord. 3063-15 § 1)
[1]
Editor's Note: The list of maps designated in this section was editorially added at the request of the city attorney.
§ 19.06.060 Maps-Identification and certification.
Each map adopted pursuant to the provisions of this chapter shall be designated:
OFFICIAL PLAN LINES OF (here shall be inserted the name of the street or highway) BETWEEN (here shall be inserted the names of the streets or other appropriate places which identify the points of commencement and ending of the particular official plan lines). |
Each map shall have the following certificates which may either be placed directly on the map or attached to it: |
I hereby certify that this map (or, the map attached), consisting of __ sheets, constitutes a precise plan based on the Land Use and Transportation Element of the General Plan for the City of Sunnyvale, which precise plan was recommended for adoption by Resolution No. _____ of the Planning Commission of the City of Sunnyvale on _____. |
___________________________________ Secretary of the Planning Commission |
I hereby certify that this map (or, the map attached), consisting of _____ sheets, is an addition to Section 19.06.040 of the Sunnyvale Municipal Code, adopted as Ordinance No. _____by the City Council of the City of Sunnyvale on _____. |
___________________________________ City Clerk of the City of Sunnyvale |
(Prior zoning code § 19.64.070; Ord. 2623-99 § 1)
§ 19.06.070 Maps-Filing.
The city clerk shall cause all maps adopted pursuant to this chapter, together with all data and information indicated thereon, to be filed in the office of the county recorder of the county of Santa Clara.
(Prior zoning code § 19.64.080; Ord. 2623-99 § 1)