Sunnyvale City Zoning Code

ARTICLE 3

ZONING DISTRICTS, USES AND RELATED DEVELOPMENT REGULATIONS

§ 19.16.010 Precise zoning plans-Adoption.

Precise zoning plans are hereby adopted and established for the city of Sunnyvale and the Sunnyvale planning area to promote and protect the public health, safety, convenience and general welfare of the inhabitants of the city by providing a definite plan for future growth and development through the orderly and planned use of land resources which are presently a part of the city, or which may become a part thereof in the future. The application of precise zoning plans to land in the Sunnyvale planning area which is not a part of the city of Sunnyvale at the time such precise zoning plans are adopted shall be limited to establishing the zoning district into which such land shall be classified upon annexation to the city.

(Prior zoning code § 19.16.010; Ord. 2623-99 § 1)

§ 19.16.020 Zoning districts-Creation.

In order to carry out the purposes and provisions of this title, the city of Sunnyvale and the Sunnyvale planning area are divided into zoning districts designated as follows:

Symbol	Zoning District
R-0	Low Density Residential Zoning District
R-1	Low Density Residential Zoning District
R-1.5	Low Medium Density Residential Zoning District
R-1.7/PD	Low Medium Density Residential Zoning District
R-2	Low Medium Density Residential Zoning District
R-3	Medium Density Residential Zoning District
R-4	High Density Residential Zoning District
R-5	High Density Residential and Office Zoning District
R-MH	Residential-Mobile Home Zoning District
O	Administrative-Professional Office Zoning District
P-F	Public Facilities Zoning District
DSP	Downtown Specific Plan District
C-1	Neighborhood Business Zoning District
C-2	Highway Business Zoning District
C-3	Regional Business Zoning District
C-4	Service Commercial Zoning District
M-S	Industrial and Service Zoning District
M-3	General Industrial Zoning District
MP-AC	Activity Center
MP-R	Residential
MP-MU	Mixed Use
MP-O1	Office 1
MP-O2	Office 2
MP-E1	Mixed Employment 1
MP-E2	Mixed Employment 2
MP-E3	Mixed Employment 3
MP-H	Hospitality
MP-PF	Public Facilities
ECD	Ecological Combining District
LSP	Lakeside Specific Plan District
PPSP	Peery Park Specific Plan District
LSAP	Lawrence Station Area Specific Plan District
MDX-I	Flexible Mixed Use I Zoning District
MDX-II	Flexible Mixed Use II Zoning District
MDX-III	Flexible Mixed Use III Zoning District
M-S/LSAP	Lawrence Station Area Plan Industrial and Service Zoning District
MS/LSAP 60%	Lawrence Station Area Plan Industrial and Service Zoning District Sixty Percent
MS/LSAP 120%	Lawrence Station Area Plan Industrial and Service Zoning District One Hundred Twenty Percent
ECR-C	El Camino Real – Commercial
ECR-MU	El Camino Real – Residential Mixed Use
ECR-O	El Camino Real – Office
ECR-PF	El Camino Real – Public Facilities
ECR-R3	El Camino Real – Medium Density Residential
ECR-R4	El Camino Real – High Density Residential
VCC	Village Center Commercial
VCMU	Village Center Mixed Use
VCO	Village Center Office

(Prior zoning code § 19.16.020; Ord. 2623-99 § 1; Ord. 2683-01 § 1; Ord. 2788-05 § 1; Ord. 3003-13 § 1; Ord. 3095-16 § 1; Ord. 3103-16 § 1; Ord. 3181-21 § 1; Ord. 3194-22 § 6; Ord. 3218-23 § 1; Ord. 3241-25, 7/1/2025; Ord. 3242-25, 7/29/2025)

§ 19.16.025 Split-zone parcels and applicable zoning regulations.

A parcel or subdivided lot may be split-zoned with two or more zoning designations. When a parcel or subdivided lot contains two or more zoning designations, all applicable zoning regulations for each designation shall be applied separately for each portion of a parcel or subdivided lot which is split-zoned.

(Ord. 3123-17 § 1)

§ 19.16.030 Zoning districts-Boundaries.

The boundaries of zoning districts are shown upon the zoning districts maps which are made a part hereof and incorporated herein by reference under the titles of:

(1)

Precise zoning plan, zoning districts map, city of Sunnyvale; and

(2)

Precise zoning plan, zoning districts map, Sunnyvale planning area. Where uncertainty exists as to the boundary or boundaries of any zoning district shown on the zoning districts maps, the location of such boundary or boundaries shall be fixed as follows:

(a)

Where such boundaries are indicated by scale as approximately following street, alley or lot lines in existence at the time the zoning districts map was adopted, such lines shall be construed to be such boundaries.

(b)

In unsubdivided land or where a zoning district boundary divides a parcel, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

(c)

Where any public street or alley or any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting land shall apply to such vacated or abandoned property.

(d)

All land in the Sunnyvale planning area, which was not within the corporate limits of the city of Sunnyvale at the time the precise zoning plan, zoning districts map, city of Sunnyvale was adopted shall be classified in the zoning district within which such land is shown on the precise zoning plan, zoning districts map, Sunnyvale planning area which is in effect at the time such land is annexed to the city.

(Prior zoning code § 19.16.030; Ord. 2623-99 § 1)

§ 19.16.040 Zoning districts-Compliance with regulations.

No land, building or structure shall be used, nor shall any building or structure be constructed, erected, altered, added to, enlarged or moved for any purpose or in any manner except in compliance with the regulations applicable to the zoning district within which the land, building or structure is located. Provided, however, nothing contained herein shall be construed to limit the installation of: (a) underground domestic water, sanitary sewer, storm drainage, gas, communication or electric energy transmission and distribution facilities, so long as the provisions of Section 19.38.090 are complied with; or (b) overhead electric energy transmission or communication distribution facilities, so long as the provisions of Chapter 19.54 are complied with. That the routes of proposed electric transmission lines shall be submitted to the planning commission for recommendation prior to the acquisition of rights-of-way therefor, and electric distribution substations shall be exempted from the requirement of being within a completely enclosed building.

(Prior zoning code § 19.16.040; Ord. 2623-99 § 1)

§ 19.16.050 Zoning districts map.

The designations, locations, and boundaries of the several zoning districts within the city of Sunnyvale and Sunnyvale planning area established herein are shown upon a certain map entitled:

PRECISE ZONING PLAN

ZONING DISTRICTS MAP

CITY OF SUNNYVALE

on file in the office of the city clerk, which together with all amendments thereto, notations, references, and other information thereon, are hereby incorporated into and made a part of this title.

(Prior zoning code § 19.16.060; Ord. 2623-99 § 1; Ord. 2788-05 § 3; Ord. 3181-21 § 6)

§ 19.16.060 Precise zoning map-Sunnyvale planning area.

Upon annexation to the city of Sunnyvale, land within the Sunnyvale planning is classified and zoned to the respective classifications and zoning districts as delineated upon that certain map entitled:

PRECISE ZONING PLAN

ZONING DISTRICTS MAP

CITY OF SUNNYVALE

being a precise plan based on the 1997 land use and transportation element of the 1972 general plan for Sunnyvale, as amended, and which map is incorporated herein by reference and made a part of this section.

(Prior zoning code § 19.16.080; Ord. 2623-99 § 1)

§ 19.18.010 Purpose.

The purpose of this chapter is to implement the goals and objectives of the general plan toward the provision of a wide range of residential opportunities and dwelling unit types to meet the needs of present and future residents of the city of all socio-economic groups. This chapter establishes permitted uses and identifies processes necessary to evaluate certain uses to determine suitability within residential zoning districts.

(Ord. 2623-99 § 1)

§ 19.18.020 Residential zoning districts.

Residential zoning districts are reserved for the maximum allowable density specified in this section, expressed in number of dwelling units per acre, except as allowed under Section 19.18.025 (Density bonus). Other uses will be permitted which are compatible with the residential character of the zoning districts.

(a)

The R-0 and R-1 low-density residential zoning districts are zoning districts reserved for the construction, use and occupancy of not more than seven dwelling units per acre.

(b)

The R-1.5 low medium density residential zoning district is reserved for the construction, use and occupancy of not more than ten dwelling units per acre.

(c)

The R-1.7/PD low medium density residential zoning district provides for construction use and occupancy of small-lot, residential development of not more than fourteen units per acre. R-1.7 shall always be combined with a planned development combining zoning district as provided for in Chapter 19.26.

(d)

The R-2 low medium density residential zoning district is reserved for the construction, use and occupancy of not more than twelve dwelling units per acre.

(e)

The R-3 medium density residential zoning district is reserved for the construction, use and occupancy of not more than twenty-four dwelling units per acre.

(f)

The R-4 high density residential zoning district is reserved for the construction, use and occupancy of not more than thirty-six dwelling units per acre.

(g)

The R-5 high density residential and office zoning district is reserved for the construction, use and occupancy of not more than forty-five dwelling units per acre alone or in combination with hotels or motels.

(h)

The R-MH residential-mobile home zoning district is reserved for the construction, use and occupancy of mobile homes and other uses incidental to the operation of such parks. Such parks may not contain more than twelve dwelling units per acre of mobile home park area.

(Prior zoning code §§ 19.32.010(a), 19.32.015(a), 19.32.017(a), 19.32.020(a), 19.32.030(a), 19.32.040(a), 19.32.050(a), 19.32.060(a); Ord. 2623-99 § 1; Ord. 2976-12 § 10)

§ 19.18.025 Density bonus.

A density bonus above the maximum allowable density of a residential zoning district may be granted under California Government Code Sections 65915 through 65918 and through other development incentives adopted by the city council. An application for a density bonus and any associated incentives, concessions, waivers of development standards, or modified parking ratios shall be submitted with the application for a discretionary permit for the development. The director of community development may establish guidelines, forms, and submittal requirements for the filing, processing, and consideration of density bonus applications.

(Ord. 2976-12 § 11; Ord. 3176-21 § 1)

§ 19.18.030 Permitted, conditionally permitted and prohibited uses in residential zoning districts.

(a)

Use Table. Table 19.18.030 sets forth those uses which are permitted, conditionally permitted, and prohibited in residential zoning districts, and the type of approval a use requires.

(1)

Permitted (P). A use shown with "P" in the table is allowed subject to compliance with all applicable provisions of this title. If the proposed use includes new construction, changes to the exterior of a building or other site modification, design review is required in accordance with the provisions of Chapter 19.80, Design Review.

(2)

Miscellaneous Plan Permit (MPP). A use shown with "MPP" in the table requires the approval of a miscellaneous plan permit, in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit. If there is an existing valid miscellaneous plan permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another miscellaneous plan permit.

(3)

Use Permit and Special Development Permit (UP and SDP). A use shown with "UP" or "SDP" requires approval of a use permit or special development permit, in accordance with the provisions of Chapter 19.88, Use Permit, or Chapter 19.90, Special Development Permit, whichever applies. If there is an existing valid use permit or special development permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another use permit or special development permit.

(4)

Prohibited (N). A use shown with "N" in the table is prohibited.

(5)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if a Use Permit or Special Development Permit is listed in Table 19.18.030.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

Table 19.18.030
Permitted, Conditionally Permitted and Prohibited Uses in Residential Zoning Districts
In the table, the letters and symbols are defined as follows:
P	=	Permitted use
MPP	=	Miscellaneous Plan Permit required
UP	=	Use Permit required
SDP	=	Special Development Permit required
N	=	Not permitted, prohibited

RESIDENTIAL ZONING DISTRICTS		R-0/R-1	R-1.5	R-1.7/PD	R-2	R-3	R-4	R-5	R-MH
1.	Residential
A.	Single-family dwellings	P	P	SDP	P	UP	UP	UP	P1
B.	Single room occupancy (SRO) facilities	N	N	N	N	N	UP	UP	N
C.	Two-family dwelling (duplex)	N	UP	SDP	P	P	P	UP	P1
D.	Dual Urban Opportunity Housing	MPP	MPP	MPP	MPP	N	N	N	N
E.	Multiple-family dwellings (3 to 50 units)	N	N	N	P	P	P	P	P
F.	Multiple-family dwellings (over 50 units)	N	N	N	UP	UP	UP	UP	UP
G.	Boarding for less than 3 persons	P	P	P	P	P	P	P	P
H.	Facilities caring for 6 or fewer persons, as declared by state to be residential use	P	P	SDP	P	UP	UP	UP	P
I.	Residential mobilehome park site	N	N	N	N	N	N	N	P
2.	Agricultural Uses
A.	Agricultural homes, buildings and uses	UP	UP	SDP	UP	UP	UP	UP	UP
3.	Education, Recreation and Places of Assembly
A.	Education – Recreation and Enrichment	N	N	N	N	N	N	N	N
B.	Education – Primary and High School	UP	UP	SDP	UP	UP	UP	UP	UP
C.	Education – Institution of Higher Learning	N	N	N	N	N	N	N	N
D.	Recreational and Athletic Facilities	N	N	N	N	N	N	N	N
E.	Places of Assembly – Business Serving	N	N	N	N	N	N	N	N
F.	Places of Assembly – Community Serving	UP	UP	SDP	UP	UP	UP	UP	UP
G.	Private Parks, Playgrounds and Recreation (not open to general public)	UP	UP	SDP	UP	UP	UP	UP	UP
H.	Public Parks and Playgrounds	P	P	P	P	P	P	P	P
I.	Safe Parking Site	See Chapter 19.66
4.	Commercial Uses
A.	Child care/adult day care center/nursery schools	UP	UP	SDP	UP	UP	UP	UP	P2
B.	Cardrooms	N	N	N	N	N	N	N	N
C.	Hotels or motels	N	N	N	N	N	N	UP	N
D.	Rest homes	UP	UP	N	UP	UP	UP	UP	N
5.	Accessory Uses
A.	Accessory dwelling units	See Ch. 19.79	See Ch. 19.79	See Ch. 19.79	See Ch. 19.79³	See Ch. 19.79	See Ch. 19.79	See Ch. 19.79	N
B.	Accessory structures	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40	MPP⁵	MPP⁵	MPP⁵	MPP⁵
C.	Retail, if incidental to other permitted uses and combined with residential use	N	N	N	N	UP	UP	UP	UP
D.	Storage or parking of commercial, industrial or public utility vehicles	N	N	N	N	N	N	N	N
6.	Temporary Uses
A.	Residential sales office for new on-site housing development	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP
B.	Construction yard	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP²
7.	Other Uses
A.	Administrative, professional and medical offices, and medical clinics	UP	UP	UP	UP	UP	UP	UP	N
B.	Adult business establishments	N	N	N	N	N	N	N	N
C.	Electric distribution substations	UP	UP	SDP	UP	UP	UP	UP	UP
D.	Electric transmission substations	N	N	N	N	N	N	N	N
E.	Massage establishment office or clinic	N	N	N	N	N	N	N	N
F.	Public service buildings and accessory uses	UP	UP	SDP	UP	UP	UP	UP	UP
G.	Public utility buildings and service facilities	UP	UP	SDP	UP	UP	UP	UP	UP
H.	Recycling centers	N	N	N	N	N	N	UP	N
I.	Storage of materials, supplies or equipment used for nonresidential purposes	N	N	N	N	N	N	N	N
J.	Storage of materials or equipment between the face of the main building and a street unless fully screened from view⁴	N	N	N	N	N	N	N	N
K.	Any use which is obnoxious, offensive or creates a nuisance	N	N	N	N	N	N	N	N
L.	Automobile/ vehicle repair⁶	N	N	N	N	N	N	N	N
M.	Manufacture of biodiesel fuel	N	N	N	N	N	N	N	N
N.	Payday lending establishment	N	N	N	N	N	N	N	N

Notes:
¹	For use by owner and/or operator only.
²	For use by mobile home park occupants only.
³	Only as allowed by Chapter 19.79 in conjunction with an existing or proposed single-family dwelling or an existing multi-family dwelling structure.
⁴	Does not apply to vehicles which are currently licensed and operable. Screening must meet requirements of Chapter 19.46.
⁵	Required to comply with setback, height, and lot coverage requirements of underlying zone.
⁶	Automobile/vehicle repair may only be allowed pursuant to Section 19.18.050.

(Prior zoning code §§ 19.32.010(b)(1)—(6), 19.32.015(b)(1)—(d)(5), 19.32.017(b)(1)—(d)(5), 19.32.020(b)(1)—(6), (7)(c), (1)—(d)(4), 19.32.030 (b)(1)—(d)(4), 19.32.040(b)(1)—(d)(5), 19.32.050 (b)(1)—(c)(3), 19.32.060(b)(1)—(d)(4); Ord. 2623-99 § 1; Ord. 2649-00 § 1; Ord. 2802-06 § 5; Ord. 2726-03 § 2; Ord. 2831-07 § 2; Ord. 2887-08 § 3; Ord. 2904-09 § 2; Ord. 2907-09 § 3; Ord. 2947-10 § 3; Ord. 2966-11 § 6; Ord. 3002-13 § 3; Ord. 3004-13 § 4; Ord. 3064-15 § 3; Ord. 3065-15 § 3; Ord. 3077-16 § 2; Ord. 3105-16 § 3; Ord. 3125-17 § 2; Ord. 3154-20 § 2; Ord. 3156-20 § 1; Ord. 3189-22 § 6; Ord. 3223-24, 2/6/2024; Ord. 3233-24, 11/19/2024)

§ 19.18.040 Use permit required for multiple ownership.

In the R-2, R-3, R-4, R-5 and R-MH zoning districts, a use permit is required for any community housing project, condominium, or other common interest development, as defined in Section 1351 of the Civil Code, including the conversion of any existing building(s) to a common interest development. Conversion of any building(s) to multiple ownership shall be in accordance with the provisions of Chapter 19.70, Conversion of Rental Housing to Community Housing Projects.

(Prior zoning code § 19.32.018; Ord. 2623-99 § 1; Ord. 2966-11 § 7)

§ 19.18.050 Automobile/vehicle service and repair in residential zoning districts.

(a)

Automobile/vehicle service and repair in residential areas may be allowed only if the following conditions are met:

(1)

The automobile/vehicle service and repair is being conducted during daytime hours (seven a.m. to ten p.m.);

(2)

All automobiles/vehicles must be registered to a bona fide resident of the property or immediate family members (parents, children or siblings of someone living in the home);

(3)

No more than two vehicles may be serviced or repaired at the same time; and

(4)

All major service and repair must be conducted within an enclosed structure.

(b)

Vehicle painting, except for minor touch-ups, is prohibited at all times.

(c)

All performance standards in the Sunnyvale Municipal Code or applicable state laws related to the prevention of nuisances must be observed for any major or minor automobile/vehicle service and repair. Performance standards include, but are not limited to, the regulation of noise, odor, smoke and the disposal of hazardous materials such as oil and gas.

(d)

Automobile/vehicle repair as a commercial use is prohibited at all times.

(Ord. 2831-07 § 3; Ord. 2888-09 § 1)

§ 19.20.010 Purpose.

The purpose of this chapter is to implement the goals and objectives of the general plan toward the provision of retail and service needs of the residents and businesses of the city through establishment of a well defined pattern of commercial activity which is conveniently located, efficient and attractive.

(Ord. 2623-99 § 1)

§ 19.20.020 Commercial zoning districts.

(a)

The C-1 neighborhood business zoning district is reserved for the construction, use and occupancy of commercial buildings providing retail commercial shopping and service facilities to the adjacent neighborhood residential areas.

(b)

The C-2 highway business zoning district is reserved for the construction, use and occupancy of retail commercial buildings, tourist accommodations and service facilities adapted to principal highway commercial zoning districts.

(c)

The C-3 regional business zoning district is reserved for the construction, use and occupancy of commercial buildings providing extensive retail, commercial, shopping, and service facilities to serve the entire city or greater regional area.

(d)

The C-4 service commercial zoning district is reserved for the construction, use and occupancy of service rather than retail facilities such as repair shops, crafts shops or custom fabricators, contractors' offices, materials suppliers, as well as residential uses.

(Prior zoning code §§ 19.32.100(a), 19.32.110(a), 19.32.120(a), 19.32.125(a); Ord. 2623-99 § 1)

§ 19.20.030 Permitted, conditionally permitted and prohibited uses in commercial zones.

(a)

Table 19.20.030 sets forth those uses which are permitted, conditionally permitted, and prohibited in commercial zoning districts, and the type of permit a use requires.

(b)

It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c)

Unless otherwise authorized by a permit, all permitted or conditionally permitted uses in a commercial zoning district shall be conducted entirely within an enclosed building.

Table 19.20.030
Permitted, Conditionally Permitted and Prohibited Uses in Commercial Zoning Districts
In the table, the letters and symbols are defined as follows:
P	=	Permitted use
UP	=	Use Permit required
MPP	=	Miscellaneous Plan Permit required
N	=	Not permitted, prohibited

COMMERCIAL ZONING DISTRICTS		C-1	C-2	C-3	C-4
1.	Retail Commercial
A.	Bakeries	P¹	P¹	P¹	P¹
B.	Drive-through retail sales businesses, except restaurants	UP	UP	UP	N
C.	Retail sales businesses	P¹	P¹	P¹	N
D.	Outside display of merchandise or products in connection with a retail sales business	MPP	MPP	MPP	N
E.	Donation centers for used goods²	MPP	MPP	MPP	MPP
F.	Retail liquor stores within 200 feet of public schools	N	P	P	P
G.	Retail liquor stores outside 200 feet of public schools	P	P	P	P
2.	Service Commercial
A.	Bulk sale of building and construction materials, feed, fertilizers, soil conditioners and fuel (except motor vehicle fuel)	N	N	N	UP
B.	Commercial storage	N	N	N	MPP¹
C.	Crafts shops such as cabinetmakers, upholsterers, taxidermists, etc.	N	N	N	MPP
D.	Custom fabricators	N	N	N	MPP
E.	Livestock or poultry housing or sales	N	N	N	N
F.	Open or unenclosed storage ancillary to a permitted use (screened from public view)	P	P	P	P
G.	Outdoor storage of materials or supplies ancillary to a permitted use, not screened from public right-of-way	N	N	N	MPP¹
H.	Printers, copiers, and engravers using chemical processes	N	N	N	MPP¹
I.	Repair shops for household appliances and apparel	P¹	P¹	P¹	P¹
J.	Retail service uses such as copiers, locksmiths, and engravers not using chemical processes	P¹	P¹	P¹	P¹
K.	Self storage "mini warehousing"	N	UP	UP	MPP¹
L.	Trailer, automobile, boat, motorcycle and truck services and repairs	N	UP	UP	MPP¹
3.	Personal Service
A.	Child care centers with occupancy of 30 or fewer children	MPP	MPP	MPP	MPP
B.	Child care centers with occupancy of 31 or more children	UP	UP	UP	UP
C.	Laundry, cleaning business, self-operated laundries, and dry cleaners	UP	UP	UP	MPP¹
D.	Personal service businesses not otherwise specified	P¹	P¹	P¹	UP
4.	Eating/Drinking Establishments
A.	Drive-through restaurants	UP	UP	N	N
B.	Nightclubs and cocktail lounges, where alcoholic beverages are sold and consumed	UP	UP	P	N
C.	Restaurants and fast food restaurants that may have on sale beer and wine alcohol beverage service	MPP	MPP	MPP	MPP
D.	Restaurants and fast food restaurants that have on sale general alcoholic beverage service	UP	UP	UP	UP
5.	Automotive
A.	Automotive service stations:	UP	UP	UP	UP
1.	Retail sales of groceries at permitted stations⁷	MPP	MPP	MPP	MPP
2.	Retail sale of beer and wine at permitted stations⁷	UP	UP	UP	UP
B.	Car wash facilities	N	UP	UP	UP
C.	Automobile/Vehicle repair	N	UP	UP	UP
D.	Automotive broker for 3 or fewer vehicles on site	N	MPP¹	MPP¹	MPP¹
E.	New or used vehicle sales	N	UP	UP	N
6.	Education, Recreation, and Places of Assembly
A.	Education—Recreation and enrichment	MPP⁵	MPP⁵	MPP⁵	N
B.	Education—Primary and high school	UP⁵	UP⁵	UP⁵	N
C.	Education—Institution of higher learning	UP⁵	UP⁵	UP⁵	N
D.	Recreational and athletic facilities	UP⁵	UP⁵	UP⁵	N
E.	Places of assembly—Business serving	UP⁵	UP⁵	UP⁵	UP
F.	Places of assembly—Community serving	UP⁵	UP⁵	UP⁵	N
G.	Cardrooms	N	N	N	N
H.	Entertainment establishments	UP	UP	UP	N
I.	Safe parking site	See Chapter 19.66
7.	Office
A.	Ground floor dependent office less than 1,000 square feet	P	P	P	MPP
B.	Ground floor dependent office greater than 1,000 square feet	MPP	MPP	MPP	UP
C.	Office not located on the ground floor	P	P	P	P
D.	Financial institutions	MPP	MPP	MPP	UP
E.	Research and development office	N	N	N	N
F.	Medical clinics	MPP	MPP	MPP	UP
8.	Public Facilities
A.	Bus terminals and other public transportation facilities	UP	UP	UP	UP
B.	Public utility buildings and service facilities	UP	UP	UP	UP
9.	Residential/Boarding/Lodging
A.	Hotel or motel	N	UP	UP	N
B.	Residential uses	N⁶	UP	N⁶	N⁶
C.	Single room occupancy living facilities	N	UP	UP	N
D.	Single room occupancy residential hotels	N	UP	UP	N
10.	Other
A.	A. Any use which is obnoxious, offensive or creates a nuisance	N	N	N	N
B.	Adult business establishments	N	N	N	N
C.	Assembly, compounding, manufacture or processing of merchandise or products are customarily incidental or essential to permitted retail commercial and service uses	N	N	N	UP
D.	Massage establishments³	P	P	P	P
E.	Recycling centers	UP	UP	UP	UP
F.	Sale or rental of utility trailers, heavy equipment or machinery	N	N	N	UP
G.	Storage or parking of commercial, industrial or public utility vehicles	N⁴	N⁴	N⁴	N⁴
H.	Wholesale storage or warehousing of merchandise or products within a building or premises⁸	N	N	N	P UP
I.	Facilities for storage of recreational vehicles	N	N	N	MPP
J.	Animal hospitals and clinics	UP	UP	UP	UP
K.	Payday lending establishment	N	MPP⁹	N	N

Notes:
¹	Construction of a new building greater than ten thousand square feet requires a use permit.
²	Donation centers in C-1 are only allowed on sites of four or more acres. Miscellaneous plan permits for donation centers shall be reviewed for compliance with council policy on operations, location and appearance following the procedures in Chapter 19.82 (Miscellaneous Plan Permit).
³	Subject to provisions of Chapter 9.41.
⁴	Except that daytime and overnight parking of up to five commercial motor vehicles (of a type that are less than ten thousand pounds in gross vehicle weight with not more than two axles) that are owned or operated by the person(s), company or business which conducts the primary use is permitted, provided the vehicles are used for purposes of delivery, pick up or service to patrons of the primary use only, do not utilize on-site required parking and are not utilized for purposes of advertising.
⁵	Educational and recreational uses and places of assembly shall not be located in retail centers in a manner that disrupts the flow of pedestrians between retail establishments.
⁶	Except caretaker residence ancillary to a permitted use.
⁷	Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020(i) and/or (j), as applicable.
⁸	In the C-4 zoning district, wholesale storage or warehousing is permitted up to thirty-five percent FAR, and requires a use permit for greater than thirty-five percent FAR.
⁹	Subject to the provisions of Section 19.20.050.

(Prior zoning code §§ 19.32.100(b)(1)—(d)(8), 19.32.110(b)(1)—(c)(6), 19.32.120(b)(1)—(d)(7), 19.32.125(b)(1)—(c)(4), 19.52.010; Ord. 2623-99 § 1; Ord. 2649-00 § 2; Ord. 2673-01 § 2; Ord. 2802-06 § 6; Ord. 2805-06 § 2; Ord. 2848-07 § 3; Ord. 2874-08 § 1; Ord. 2877-08 § 5; Ord. 2887-08 § 4; Ord. 2906-09 § 1; Ord. 2910-09 § 2; Ord. 2947-10 § 4; Ord. 3002-13 § 4; Ord. 3043-14 § 1; Ord. 3065-15 § 4; Ord. 3077-16 § 3; Ord. 3125-17 § 3; Ord. 3150-19 § 1; Ord. 3233-24, 11/19/2024)

§ 19.20.040 Uses requiring use permit; all commercial zoning districts.

(a)

A use permit is required for all uses in the C-1 (neighborhood business zoning district) and C-3 (regional business zoning district) which:

(1)

Consists of more than two buildings on one lot.

(2)

Consists of any building or buildings in any of the following forms of multiple ownership: condominium, as defined in Section 783 of the California Civil Code; community apartment project, as defined in Section 11004 of the California Business and Professions Code; a stock cooperative as defined in Section 11003.2 of the Business and Professions Code; or a planned development as defined in Section 11003 of the Business and Professions Code.

(3)

The conversion of ownership of any existing building or buildings to any of the forms of multiple ownership set forth above.

(b)

If state law requires the city to allow a residential use on a commercially zoned site, such use shall require a use permit, or, if required by Chapter 19.90 of this code, a special development permit. The project shall comply with the residential density and other residential standards applicable to the site in the General Plan. The project shall also comply with all zoning standards that apply to residential uses in the lowest residential zoning district that would allow the density established by the General Plan for the site.

(c)

(Prior zoning code § 19.32.068; Ord. 2623-99 § 1; Ord. 3176-21 § 2; Ord. 3223-24, 2/6/2024)

§ 19.20.050 Payday lending establishments.

(a)

Distance Requirement. Payday lending establishments are prohibited within one thousand feet of the parcel boundaries of any other payday lending establishment.

(b)

Maximum Number of Payday Lending Establishments. The maximum number of payday lending establishments that may be operating at any one time is six.

(c)

Operational Standards. Payday lending establishments must meet the following minimum operational standards at all times, which are the obligation of the owner of the payday lending establishment:

(1)

The approved lighting plan for the tenant space must be maintained (plan required with the submittal of the applicable planning permit application); and

(2)

Hours of operation must be between the hours of 7:00 a.m. to 7:00 p.m. daily; and

(3)

At least one sign (minimum four square feet) shall be posted in the business that is clearly visible to patrons from the entrance of the store with information on alternatives to payday loans. The exact language for the sign will be uniform and created by the community development director. All payday lending establishments will be subject to comply with this operational standard six months after the adoption of this ordinance.

(Ord. 3002-13 § 5)

§ 19.22.010 Purpose.

This chapter implements the goals and objectives of the general plan toward the siting and development of a wide range of industrial uses. This chapter establishes permitted uses and identifies processes necessary to evaluate certain uses to determine suitability within industrial zoning districts.

(Ord. 2623-99 § 1)

§ 19.22.020 Industrial zoning districts.

(a)

The M-S industrial and service zoning district is reserved for the construction, use and occupancy of buildings and facilities for offices, research, limited manufacturing, hotels and motels, restaurants, financial uses, retail sales and services, professional services and other uses compatible with the zoning district.

(b)

The M-3 general industrial zoning district is reserved for the construction, use and occupancy of buildings and facilities for office, research, general manufacturing, and other uses compatible with the zoning district.

(Prior zoning code §§ 19.32.130(a), 19.32.140(a); Ord. 2623-99 § 1)

§ 19.22.030 Permitted, conditionally permitted and prohibited uses in industrial zones.

(a)

Use Table. Table 19.22.030 sets forth those uses which are permitted, conditionally permitted, and prohibited in industrial zoning districts, and the type of permit a use requires.

Prohibited (N). A use shown with "N" in the table is prohibited.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c)

Uses in Enclosed Buildings. Unless otherwise authorized by a permit, all permitted or conditionally permitted uses in an industrial zoning district shall be conducted entirely within an enclosed building. Where unenclosed uses are authorized by a permit, such uses (excepting, e.g., outdoor seating, plazas, etc.) shall be prohibited within required front yards in industrial zoning districts and shall be screened from view from any public street or adjacent property by suitable landscaping or fencing. This does not apply to recycling centers for which a valid use permit has been granted.

Table 19.22.030
Permitted, Conditional Permitted and Prohibited Uses in Industrial Zoning Districts
In the table, the letters and symbols are defined as follows:
P	=	Permitted use
MPP	=	Miscellaneous Plan Permit required
UP	=	Use Permit required
N	=	Not permitted, prohibited
FAR	=	Floor area ratio restrictions
>	=	Greater than
N/A	=	FAR does not apply

Use Regulations by Zoning District USE		M-S Zoning Districts FAR³	M-S Zoning Districts	M-S/POA Zoning Districts	M-3 Zoning Districts FAR³	M-3 Zoning Districts
1.	Manufacturing
A.	Packing or rendering plants, or slaughterhouses for the processing of animals and animal by-products	N/A	N	N	N/A	N
B.	Foundries for the casting of aluminum	N/A	UP	UP	N/A	UP
C.	Foundries, processing plants, fabrication facilities or mills for metals other than aluminum	N/A	N	N	N/A	UP
D.	Manufacture, compounding or processing of commercial explosives not related to research and development	N/A	N	N	N/A	N
E.	Manufacture, processing or bulk storage of feed, fertilizer, grain or soil conditioners	N/A	N	N	N/A	UP
F.	Manufacture of agricultural, construction, industrial, or mining heavy equipment	N/A	N	N	N/A	UP
G.	Manufacture, milling, mixing, processing, or bulk storage of asphalt, brick, cement, gravel, lumber, rock, sand, and similar construction materials	N/A	N	N	N/A	UP
H.	Manufacture, processing, refining or bulk storage for off-premises delivery of coal, coke, compressed gases, liquefied petroleum gases or other fuels, except gasoline or motor oil	N/A	N	N	N/A	UP
I.	Manufacture, processing, repair, compounding, packaging, assembly, or treatment plants or facilities for equipment, materials or products	To 35%	P	P	To 35%	P
		>35%	UP	UP	> 35%	UP
J.	Manufacture, processing, repair, compounding, packaging, assembly, or treatment plants and facilities for explosives related equipment, materials or products	N/A	N	N	N/A	N
2.	Office, Research and Development
A.	Administrative, professional, medical and research and development offices	To 35%	P	P	To 35%	P
		> 35%	UP	UP	> 35%	UP
B.	Medical clinics	To 35%	MPP	MPP	To 35%	MPP
		> 35%	UP	UP	> 35%	UP
C.	Financial institutions, banks, and savings and loan associations without drive-through facilities	To 35%	MPP	MPP	To 35%	UP
		> 35%	UP	UP	> 35%	UP
D.	Explosive or propellant research and development related manufacturing, processing, assembly and storage	N/A	UP	UP	N/A	UP
3.	Commercial
A.	Automobile service stations and vehicle repair facilities	N/A	UP	UP	N/A	UP
1.	Retail sale of groceries at permitted stations⁴	MPP	MPP	MPP	MPP	MPP
2.	Retail sale of beer and wine at permitted stations⁴	UP	UP	UP	N/A	UP
B.	Auto wrecking, junk, salvage, scrap metal or waste material storage yards	N/A	N	N	N/A	N
C.	Businesses selling merchandise or products at retail or providing services (such as real estate)	To 35%	MPP	MPP	To 35%	MPP
		>35%	UP	UP	>35%	UP
D.	Commercial canning, processing, or reduction plants for fruits and vegetables	N/A	UP	UP	N/A	UP
E.	Commercial storage and warehouses	To 50%	P	P	To 50%	UP
		>50%	UP	UP	>50%	P
F.	Child care centers, business-sponsored	N/A	UP	UP	N/A	UP
G.	Drive-through businesses	N/A	UP	UP	N/A	UP
H.	Hotels and motels	N/A	UP	UP	N/A	UP
I.	Restaurants and fast food restaurants that may have on sale beer and wine alcohol beverage service	N/A	MPP	MPP	N/A	MPP
J.	Restaurants and fast food restaurants that have on sale general alcohol beverage service	N/A	UP	UP	N/A	UP
K.	Self storage (mini warehouse)	N/A	UP	UP	N/A	UP
4.	Education, Recreation, and Places of Assembly
A.	Education—Recreation and enrichment	N/A	N	UP	N/A	N
B.	Education—Primary and high school	N/A	N	N	N/A	N
C.	Education—Institution of higher learning	N/A	UP	UP	N/A	UP
D.	Recreational and athletic facilities	N/A	N	UP	N/A	N
E.	Places of assembly—Business serving	N/A	UP	UP	N/A	UP
F.	Places of assembly—Community serving	N/A	N	UP	N/A	N
G.	Cardrooms	N/A	N	N	N/A	N
H.	Safe parking site	See Chapter 19.66
5.	Residential
A.	Residential uses, alone or combined with other uses compatible with the zoning district	N/A	N5	N5	N/A	N5
B.	Single room occupancy living unit facilities	N/A	UP	UP	N/A	UP
C.	Single room occupancy residential hotels	N/A	UP	UP	N/A	UP
D.	Convalescent homes, home for the aged, hospitals, sanitariums and similar institutions	N/A	N	N	N/A	N
6.	Other
A.	Adult business establishment	N/A	P¹	P¹	N/A	P¹
B.	Agricultural dwellings, buildings and uses	N/A	UP	UP	N/A	UP
C.	Bulk storage for off-premises delivery of compressed gases and liquefied petroleum gases	N/A	UP	UP	N/A	UP
D.	Bus terminals and other public transportation facilities	N/A	UP	UP	N/A	UP
E.	Educational uses	N/A	UP	UP	N/A	UP
F.	Emergency containers meeting criteria described in this chapter (ARKs)	N/A	P	P	N/A	P
G.	Emergency containers other than ARKs	N/A	UP	UP	N/A	UP
H.	Emergency shelter	N/A	UP	P	N/A	UP
I.	Hazardous materials storage as defined in Titles 20 (above ground) and 21 (underground)	N/A	P	P	N/A	P
J.	Hazardous materials storage facilities which meet the criteria outlined in Section 19.22.060	To 40%	MPP	MPP	To 40%	MPP
K.	Hazardous materials storage facilities which do not meet all the criteria outlined in Section 19.22.060	To 35%	UP	UP	To 35%	UP
L.	Hazardous wastes management facilities which meet the criteria outlined in Section 19.22.070	N/A	UP	UP	N/A	UP
M.	Incidental and accessory storage, mechanical equipment which meet criteria in Chapter 19.82 (5 percent net coverage and screened)	N/A	MPP	MPP	N/A	MPP
N.	Massage establishment	N/A	P2	P2	N/A	P2
O.	Public utility buildings and services, electric transportation and distribution substations and public utility service centers	To 35%	UP	UP	>35%	UP
		>35%	UP	UP	To 35%	UP
P.	Recycling centers	N/A	UP	UP	N/A	UP
Q.	Any use which is obnoxious, offensive or creates a nuisance to persons in adjacent buildings or premises through emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances	N/A	N	N	N/A	N
R.	Payday lending establishment	N/A	N	N	N/A	N

Notes:
¹	Subject to provisions of Chapter 19.60.
²	Subject to provisions of Chapter 9.41.
³	5% FAR bonus for green buildings may apply. See Resolution No. 368-09 for green building tables adopted.
⁴	Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020(i) and/or (j), as applicable.
⁵	Except caretaker residence ancillary to a permitted use.

(Prior zoning code § 19.32.148; Ord. 2623-99 § 1; Ord. 2649-00 § 3; Ord. 2744-04 § 3; Ord. 2802-06 § 7; Ord. 2848-07 § 4; Ord. 2887-08 § 5; Ord. 2894-09 § 2; Ord. 2905-09 § 3; Ord. 2906-09 § 2; Ord. 2947-10 § 5; Ord. 2966-11 § 8; Ord. 3002-13 § 6; Ord. 3065-15 § 5; Ord. 3077-16 § 4; Ord. 3125-17 § 4; Ord. 3150-19 § 2; Ord. 3233-24, 11/19/2024)

§ 19.22.040 Use permit required for multiple ownership in all industrial zoning districts.

In all industrial zoning districts, a use permit is required for any condominium project or other common interest development, as defined in Section 1351 of the Civil Code, including the conversion of any existing building(s) to a common interest development.

(Ord. 2623-99 § 1; Ord. 2966-11 § 9)

§ 19.22.050 Emergency containers (ARKs).

Emergency containers (ARKs) are permitted in the M-S (industrial and service zoning district) and the M-3 (general industrial zoning district). ARKs may be established subject to the findings of the director of community development that the following conditions have been satisfied:

(a)

That the dimensions of the ARK shall not exceed forty feet by eight feet wide by eight and one-half feet high;

(b)

That the ARK shall:

(1)

Include a specific inventory of emergency equipment and supplies as specified from time to time by the emergency services coordinator;

(2)

Be used exclusively for the storage of emergency equipment and emergency supplies and for no other purpose;

(3)

Be made available for inspection by city staff during regular business hours;

(4)

Be removed from the site within thirty days if not used for its intended purpose for a period of sixty consecutive days.

(Prior zoning code § 19.32.147; Ord. 2623-99 § 1; Ord. 2966-11 § 10)

§ 19.22.060 Hazardous materials storage facilities.

Hazardous materials storage facilities as defined in Title 20 and Title 21 are permitted in the M-S industrial and service zoning district and the M-3 general industrial zoning district subject to a miscellaneous plan permit and to the findings of the director of community development that the following conditions have been satisfied:

(a)

Total on-site FAR does not exceed forty percent; and

(b)

Total aggregate square footage of storage space for hazardous materials does not exceed two thousand five hundred square feet;

(c)

No more than four hazardous materials buildings are located on-site;

(d)

Height of the storage facility does not exceed fifteen feet;

(e)

Building or addition is designed exclusively for the storage of hazardous materials;

(f)

Compliance with other applicable zoning requirements;

(g)

Building or addition is compatible with other structures, if visible from adjacent public or privately owned property; and

(h)

Hazardous materials storage structures six feet or less in height shall not be counted in the total on-site floor area, so long as the total for all such structures is less than five hundred square feet. Hazardous materials storage structures shall be subject to a miscellaneous plan permit pursuant to Chapter 19.82.

(Prior zoning code § 19.32.149; Ord. 2623-99 § 1)

§ 19.22.070 Hazardous waste management facilities.

All decisions regarding the siting and construction of off-site hazardous waste management facilities shall be consistent with the currently applicable Santa Clara County hazardous waste management plan.

(Prior zoning code § 19.32.150; Ord. 2623-99 § 1)

§ 19.24.010 Purpose.

The purpose of this chapter is to implement the goals and objectives of the general plan toward the provision of office and public facilities uses within the city through establishment of a well defined pattern of office activity and public facilities which are conveniently located, efficient and attractive.

(Ord. 2623-99 § 1; Ord. 2683-01 § 2)

§ 19.24.020 Office and public facilities zoning districts.

(a)

The O office zoning district is reserved for the construction, use and occupancy of administrative, professional and research offices, residential and other uses compatible with the administrative-professional character of the district.

(b)

The P-F public facilities zoning district is reserved for the construction, use and occupancy of governmental, public utility and educational buildings and facilities, and other uses compatible with the public character of the district.

(Prior zoning code §§ 19.32.070(a), 19.32.080(a), 19.32.090(a); Ord. 2623-99 § 1; Ord. 2683-01 § 2)

§ 19.24.030 Permitted, conditionally permitted and prohibited uses in office, public facilities and civic center zones.

(a)

Table 19.24.030 sets forth those uses which are permitted, conditionally permitted, and prohibited in office and public facilities zoning districts, and the type of permit a use requires.

(b)

It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

Table 19.24.030
Permitted, Conditionally Permitted and Prohibited Uses in Office and Public Facilities Zoning Districts
In the table, the letters and symbols are defined as follows:
P	=	Permitted use
UP	=	Use Permit required
MPP	=	Miscellaneous Plan Permit required
N	=	Not permitted, prohibited

OFFICE AND PUBLIC FACILITIES ZONING DISTRICTS		O	P-F
1.	Office/Care Facilities
A.	Administrative, professional, medical, and research and development offices	P	UP
B.	Medical clinics	MPP	UP
C.	Financial institutions such as banks and savings and loan associations	MPP	N
D.	Hospitals	N	UP
E.	Rest homes and convalescent hospitals	UP	UP
2.	Public Facilities
A.	Buildings and facilities used by government agencies for government purposes	UP	P
B.	Buildings and facilities used by federal, state or local government agencies (except city of Sunnyvale), for nongovernmental purposes	UP	UP
C.	Public service buildings and accessory uses	UP	UP
D.	Public utility buildings and service facilities	UP	UP
3.	Personal Service
A.	Child care centers with occupancy of 30 or fewer children	MPP	MPP
B.	Child care centers with occupancy of 31 or more children	UP	UP
4.	Education, Recreation and Places of Assembly
A.	Education – Recreation and Enrichment	N	UP
B.	Education – Primary and High School	N	UP
C.	Education – Institution of Higher Learning	UP	UP
D.	Recreational and Athletic Facilities	N	UP
E.	Places of Assembly – Business Serving	UP	UP
F.	Places of Assembly – Community Serving	N	UP
G.	Cardrooms	N	N
H.	Private golf courses	N	UP
I.	Safe parking site	See Chapter 19.66
5.	Residential/Boarding/Lodging
A.	Residential uses	UP	N³
6.	Other
A.	Adult business establishments	N	N
B.	Outside display of merchandise or products	N	N
C.	Electric distribution substations	N	UP
D.	Electric transmission substations	N	UP
E.	Massage establishments¹	P	P
F.	Recycling centers²	UP	UP
G.	Salt extraction	N	UP
H.	Storage or parking of commercial or industrial vehicles	N	N
I.	Storage or parking of public utility vehicles	N	N
J.	Storage of materials, supplies or equipment for commercial or industrial purposes	N	N
K.	Storage of materials, supplies or equipment for public utility purposes	N	N
L.	Storage, warehousing, handling, processing or assembling merchandise or products	N	N
M.	Payday lending establishment	N	N

Notes:
¹	Subject to provisions of Chapter 9.41.
²	Recycling centers must be located in convenience zones, (the area within a one-half mile radius of a supermarket) as defined in Public Resources Code Section 14509.4.
³	Except caretaker residence ancillary to a permitted use.

(Prior zoning code §§ 19.32.070(b)(1)—(c), (f)(1)—(5), 19.32.080 (b)(1)—(e), 19.32.090(b)(1)—(5); Ord. 2623-99 § 1; Ord. 2649-00 § 3; Ord. 2683-01 § 2; Ord. 2802-06 § 8; Ord. 2887-06 § 6; Ord. 2906-09 § 3; Ord. 2947-10 § 6; Ord. 3002-13 § 7; Ord. 3065-15 § 6; Ord. 3077-16 § 5; Ord. 3125-17 § 5; Ord. 3150-19 § 3; Ord. 3233-24, 11/19/2024)

§ 19.24.040 Uses requiring use permits; office zoning district.

(a)

In the office zoning district, the following uses shall be permitted only with a use permit:

(1)

Any use consisting of a building or buildings with three or more dwelling units in single ownership on one lot, including any proposed units to be added to any existing use, the total of which equals or exceeds three units. Additions to existing uses with three or more units, including the addition of carports or garages, shall require a miscellaneous plan permit in accordance with the provisions of Chapter 19.82;

(2)

Any use consisting of more than one main building on a single lot;

(3)

Any use consisting of a building or buildings in any of the following forms of multiple ownership: condominium, as defined in Section 783 of the California Civil Code; community apartment project, as defined in Section 11004 of the California Business and Professions Code; a stock cooperative as defined in Section 11003.2 of the Business and Professions Code; or a planned development as defined in Section 11003 of the Business and Professions Code.

(b)

A use permit is required for the conversion of ownership of any existing building or buildings to any of the forms of multiple ownership set forth in subdivision (a)(3). For conversion from rental housing to community housing, Chapter 19.70 also shall apply.

(c)

Any residential project that is allowed with a use permit in an office zoning district that has a General Plan Land Use Designation of Village Mixed Use shall comply with the residential density and other residential standards applicable to the site in the General Plan. The project shall also comply with all zoning standards that apply to residential uses in the lowest residential zoning district that would allow the density established by the General Plan for the site.

(d)

(Ord. 2623-99 § 1; Ord. 3176-21 § 3; Ord. 3223-24, 2/6/2024)

§ 19.26.010 Combining districts-General purpose.

(a)

The purpose of this chapter is to provide a mechanism whereby certain additional regulations can be combined with the basic regulations of a zoning district to permit the use and development of land which has unique and special development circumstances that cannot be addressed with the standards of the underlying zoning district.

(b)

The addition of a combining district designated with any zoning district shall not operate to reduce or eliminate any requirements established by the basic district regulations or other requirements contained in this title applicable to any district with which the combining district is added unless expressly provided in this chapter.

(Ord. 2920-10 § 1)

§ 19.26.020 Planned development (PD) combining district created-Purpose.

(a)

There is hereby created a combining district to be known as planned development (PD) combining district which may be combined with any of the zoning districts designated in Chapter 19.16.

(b)

The purpose of the PD combining district is to provide modifications, additions and limitations to other zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be handled satisfactorily. This district is also intended to provide opportunities for creative development approaches and standards that will achieve superior community design, environmental preservation and public benefit, such as, but not limited to:

(1)

Facilitating development or redevelopment of a site to improve the neighborhood;

(2)

Allowing a proposed use that is compatible with the neighborhood but requires deviations from development standards for a successful project;

(3)

Facilitating desirable development of properties at significant intersections; or

(4)

Allowing development and creation of lots that are less than the minimum size required in the base zoning district.

(Ord. 2920-10 § 1)

§ 19.26.030 PD combining district-Permit required.

(a)

Uses. Except for uses listed as permitted uses in the underlying zoning district, no use shall be established or changed upon property in any zoning district with which the PD combining district is combined unless either a miscellaneous plan permit or special development permit is first issued by the director of community development, the planning commission or the city council in accordance with procedures set forth in Chapters 19.82 and 19.90.

(b)

Structures. No building or structure shall be constructed or altered, upon property in any zoning district with which the PD combining district is combined unless either a miscellaneous plan permit or special development permit is first issued by the director of community development, the planning commission or the city council in accordance with procedures set forth in Chapters 19.82 and 19.90.

(Ord. 2920-10 § 1)

§ 19.26.040 Office (O) combining district created-Purpose.

(a)

There is hereby created a combining district to be known as office (O) combining district which may be combined with any of the residential districts designated in Chapter 19.16.

(b)

The purpose of the O combining district is to allow by use permit office uses as provided in Chapter 19.24.

(c)

When the O office combining district is combined with any residential district, the dimensional requirements for building coverage, setbacks, height and minimum lot area of the underlying residential zoning district shall apply. Floor area ratios shall apply only to residential uses if residential and office uses are combined on the same property and there is an applicable FAR in that zoning district. Use restrictions shall be applied to each use on the property by the appropriate section of Chapter 19.24.

(Ord. 2920-10 § 1)

§ 19.26.050 O combining district-Permit required.

Except for uses which would be allowed without a use permit under the residential zoning district with which the O district has been combined, no use shall be established or changed upon property bearing the O office combining district unless a use permit is first issued in compliance with the provisions of Chapter 19.88.

(Ord. 2920-10 § 1)

§ 19.26.060 Heritage housing (HH) combining district created-Purpose.

(a)

There is hereby created a combining district to be known as heritage housing (HH) combining district which may be combined with any residential zoning district designated as a heritage resource district in accordance with Chapter 19.96.

(b)

The purpose of the HH heritage housing combining district is to preserve, protect, enhance and perpetuate the appearance of certain historic residential neighborhoods which contribute to the cultural or aesthetic heritage of Sunnyvale. It is not the purpose of this combining zone to preserve particular structures of historic significance.

(Ord. 2920-10 § 1)

§ 19.26.080 HH combining district-Demolition and replacement construction.

(a)

No demolition of any residential structure in a HH combining district may be performed without approval by the heritage preservation commission pursuant to a public hearing as set forth in Chapter 19.96 subject to the following findings:

(1)

The structure has become dilapidated to the extent that it constitutes a safety hazard; or

(2)

Demolition of the residence will not have a significant detrimental impact on the historic character of the neighborhood; and

(3)

Plans for the replacement structure are consistent with neighborhood historic characteristics as described in the policy statement for the district.

(b)

Where findings (2) and (3) above are made, no demolition may occur unless the owner has obtained a building permit for the replacement structure.

(Ord. 2920-10 § 1)

§ 19.26.090 Industrial to residential (ITR) district created-Purpose.

(a)

There is hereby created a zoning district to be known as industrial to residential (ITR) combining district, which may be used in conjunction with certain industrial, commercial or office zoning districts as established Chapter 19.16.

(b)

The purpose of the ITR district is to allow industrial, office, commercial and residential uses to exist within the same zoning district, and to allow industrial, office or commercial uses to gradually convert to residential use.

(Ord. 2920-10 § 1)

§ 19.26.100 ITR combining district-Boundaries.

(a)

The boundaries of ITR districts are shown upon the zoning district map which is made a part hereof and incorporated by reference under the title of Precise Zoning Plan, Zoning District Map, City of Sunnyvale.

(b)

Where uncertainty exists as to the boundary or boundaries of any ITR district shown on the zoning district map, the location of such boundary or boundaries shall be fixed as follows:

(1)

Where boundaries are indicated by scale as approximately following street, alley or lot lines in existence at the time the zoning district map was adopted, such lines shall be construed to be the boundaries.

(2)

(Ord. 2920-10 § 1)

§ 19.26.110 ITR combining district-Damage or destruction.

In the event any building in the ITR district is damaged or destroyed, reconstructing the building to the size and condition prior to the damage or destruction shall be allowed, provided the floor area ratio of industrial, commercial or office buildings does not exceed thirty-five percent, except as allowed by use permit as regulated by Chapter 19.88.

(Ord. 2920-10 § 1)

§ 19.26.120 ITR combining district-Residential uses.

Residential uses shall be allowed in the ITR district in accordance with residential zoning districts as defined in and regulated by Chapter 19.18, and as approved by the city council and shown on the city's precise zoning plan, zoning district map. Once a site in the ITR district has transitioned to residential use, the site shall not be reverted to a use that is not allowed in a residential zoning district, notwithstanding Section 19.26.130, and the city's precise zoning plan, zoning district map, as approved by the city council, will be modified to remove the site from the ITR district and reflect the site’s residential zoning district. "Transitioned to residential use" as used in this section means the completion of construction of the foundation or walls of a residential building or actual commencement of residential use, whichever occurs first.

(Ord. 2920-10 § 1; Ord. 3237-25, 2/4/2025)

§ 19.26.130 ITR combining district-Industrial, commercial and office uses.

Commercial, industrial and office uses shall be allowed in the ITR district in accordance with commercial, industrial and office districts defined in and regulated by Chapters 19.20, 19.22 and 19.24.

(Ord. 2920-10 § 1)

§ 19.26.200 Residential single-story (S) combining district created-Purpose.

(a)

There is hereby created a combining district to be known as S combining district, which may be combined with the R-0, R-1 and R-2 residential zoning districts. The residential single-story combining district is intended to modify the site development regulations of the R-0, R-1 and R-2 residential zoning districts, to preserve and maintain single-family neighborhoods of predominantly single-story character.

(b)

The single-story combining district may be established at the discretion of the city council to overlay the R-0, R-1 or R-2 zoning districts in accord with Chapters 19.92 and 19.98. Where the combining district is in effect, the regulations established by this section shall apply instead of the comparable regulations set forth in this title.

(c)

Single-story combining districts shall continue in effect unless and until repealed, except for those districts created before October 1, 2005, which expire automatically seven years after their effective date. For such districts, up to one year prior to expiration, property owners within the district may apply for renewal of the single-story combining district designation, following the same procedures as for an original application. The single-story combining district designation shall continue while any application for renewal is pending.

(d)

In addition to the procedures for adopting a zone change set forth in Chapters 19.92 and 19.98 of this code, the following special provisions are required when applying for a single-story combining district:

(1)

An application to establish a single-story combining district shall be initiated by owners of property within the proposed district. In order to apply, the applicants must demonstrate, by providing documentation, including a written list of signatures, that at least fifty-five percent of the property owners in the proposed district support creation of the district and that they understand they are requesting a zoning map amendment. An application to repeal an existing single-story combining district may be made at any time and must also be supported by fifty-five percent of the property owners within the district.

(2)

The proposed district must be clearly delineated in the application and must consist of at least twenty homes. In addition, at least seventy-five percent of the homes in the proposed district must be one-story. To the extent feasible, the proposed district shall follow a recognizable feature such as a street, stream, or tract boundary.

(e)

Areas with a single-story combining district shall be designated on the zoning map by the symbol "S" following the underlying zoning district designation.

(f)

For sites within the single-story combining district, the following development regulations shall apply in lieu of the otherwise applicable site development regulations:

(1)

Height. The maximum height shall be seventeen feet, as defined in Section 19.12.030(12).

(2)

Habitable Floor Limitations. There shall be a limit of one habitable floor. Habitable floors include lofts, mezzanines and similar areas but exclude basements.

(3)

The maximum floor area ratio shall be forty-five percent.

(Ord. 2920-10 § 1)

§ 19.26.210 Places of assembly (POA) combining district (POA) created-Purpose.

(a)

There is hereby created a combining district to be known as the POA combining district which may be combined with the M-S zoning districts for those uses designated in Chapter 19.22.

(b)

The purpose of the POA combining district is to allow uses that may include sensitive populations which are otherwise not permitted in the M-S zoning district.

(c)

Expanded Noticing Required for Education, Recreation and Places of Assembly Uses. For any use permit application for an educational, recreational or place of assembly use in a POA combining district, the notice mailing shall be expanded to 1,000 feet of the subject site, in addition to the requirements of Section 19.98.040 (Public Notice).

(Ord. 2920-10 § 1; Ord. 3043-14 § 2)

§ 19.26.220 Mixed use (MU) combining district.

(a)

Definition of Mixed Use Development. Mixed use development shall mean a development consisting of one or more lots developed as a cohesive project and designed with a blend of various compatible uses such as commercial, office, and residential.

(b)

Mixed Use Combining District Created—Purpose. There is hereby created a combining district to be known as MU mixed use combining district, which may be combined with the R-3, R-4, and R-5 residential zoning districts. The mixed use combining district is intended to modify the site development regulations of the R-3, R-4, and R-5 residential zoning districts, to require the development of commercial/office uses on appropriately situated residential sites. Mixed use developments should only be considered if they are located adjacent (within one-half mile) to a major expressway, or public transit stop (VTA Light Rail or Cal Train).

(c)

Mixed Use District Intent. The purpose of this section is to encourage and promote well planned, suitable and appropriate mixed use developments with residential and commercial/office components within appropriate areas of the city. The focus is to: allow a more balanced mix of uses in a mixed use development, provide for the diverse needs of the residents of the city, allow development flexibility without sacrificing the existing image and character of the surrounding neighborhood, encourage efficient land use by facilitating compact, high intensity development and minimizing the amount of land needed for building area, reduce neighborhood vehicle trips, and facilitate development that supports public transit where applicable. A mixed use development should be safe, comfortable and attractive to pedestrians, patrons and residents.

(d)

Mixed Use Combining District. The mixed use combining district may be established at the discretion of the city council to overlay the R-3, R-4, and R-5 zoning districts in accord with Chapters 19.92 and 19.98. Where the combining district is in effect, the regulations established by this section shall apply instead of the comparable regulations set forth in this title.

(e)

Mixed Use Permit Required. No use shall be established or changed, or any building or structure constructed or altered, upon property in any zoning district with which a MU mixed use district is combined unless either a special development permit is first issued by the director of community development, the planning commission or the city council in accordance with procedures set forth in Chapter 19.90.

(f)

Mixed Use Permit—Uses to Comply. Following issuance of a permit:

(1)

No use shall be established or changed, or any building or structure constructed or altered, upon property in any zoning district with which a MU mixed use district is combined except in strict conformity with the permit and any conditions or requirements attached; and

(2)

No use shall be established or changed, or any building or structure constructed or altered, in a manner which would not comply with the regulations of the zoning district with which the MU mixed use district is combined except for the modifications authorized by the permit, unless all development on the property covered by the permits is in strict conformity with the permit issued and all conditions or requirements attached.

(g)

Mixed Use Combining District—Site Design. Mixed use development should be designed with the following regards to site design:

(1)

The uses may be located in the same building or in separate buildings. Projects where the uses are combined in a vertical configuration (within a building) are encouraged.

(2)

Underground parking for the mixed use development is encouraged.

(3)

Driveways, deliveries, and waste management for the commercial/office component should be separated to the extent practicable from the residential uses on site.

(h)

Mixed Use Combining District—Provisions. For sites where the mixed use combining district is applied, the following development regulations shall apply in lieu of the otherwise applicable site development regulations:

(1)

Minimum Lot Size. The minimum project and lot size shall be two acres.

(2)

Allowances may be granted and possibly subject to additional environmental review:

(A)

Allowance for an increase in height of ten feet above the base zoning maximum;

(B)

Allowance for an increase in the number of stories of one story above the base zoning maximum.

(3)

Commercial/Office Uses Permitted. Uses permitted in the C-1 (neighborhood commercial) zoning district can be considered for the commercial/office component, but uses otherwise permitted as a matter of right may not be approved with this zoning.

(4)

Live/Work Units. Live/work units are allowed in mixed use development projects. A live/work unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant. A mixed use development should not consist exclusively of live/work units.

(5)

Commercial/Office Requirement. The site shall include a commercial/office component equal to a minimum of ten percent of the lot area (floor area ratio) and up to a maximum of twenty-five percent of the lot area. Live/work units may be counted towards up to fifty percent of the minimum commercial/office standard.

(6)

Parking. Parking shall be required for each commercial/office and residential use in accordance with Sunnyvale Municipal Code Chapter 19.46. In accordance with Chapter 19.46, shared parking can be considered.

(7)

Consistency With Underlying Zoning. The addition of the MU mixed use combining district shall not operate to reduce or eliminate any requirements established by the underlying district regulations or other requirements unless otherwise approved as a deviation through a special development permit (Chapter 19.90).

(Ord. 2920-10 § 1)

§ 19.26.230 Live/work units.

(a)

Definition. A live/work unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.

(b)

Applicability. Live/work units are allowed in mixed use (MU) combining districts.

(c)

Provisions.

(1)

The commercial component of live/work units are intended for use by the following occupations: accountants; architects; artists and artisans; attorneys, computer software and multimedia related professionals; consultants; engineers; fashion, graphic, interior and other designers; hair stylists; home-based office workers, insurance, real estate and travel agents; one-on-one instructors; photographers, and similar occupations;

(2)

In addition to the permitted uses above, the community development director may authorize other uses using reasonable discretion, as long as such other uses are not otherwise precluded by law;

(3)

The residential and the commercial space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately;

(4)

Residential areas are permitted above the commercial component, to the side or in back of the business component, provided that there is internal access between the residential and commercial space;

(5)

The commercial component as designated on the floor plan approved through the special development permit shall remain commercial and cannot be converted to residential use;

(6)

The residential component as designated on the floor plan approved through the special development permit shall remain residential and cannot be converted to commercial use;

(7)

The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage or any accessory structure;

(8)

The commercial component shall not detract from, or otherwise be a nuisance to, the residential character or appearance of the dwelling units;

(9)

Signage intended to promote on-site commercial uses shall be restricted to two square foot signs permanently affixed to door or wall of the business component;

(10)

Signage shall be developed in accordance with a master sign plan for the overall development site;

(11)

All advertising for on-site commercial uses shall clearly state "by appointment only" if the live/work address is used;

(12)

The total number of occupations at one address is not limited, except the cumulative impact of all such commercial uses shall not exceed the limits set forth in this section for a live/work unit;

(13)

The external access for the commercial component shall be oriented to the street and should have at least one external entrance/exit separate from the living space. The entrance to the business component shall be located on the ground level. Access to the commercial component of each live/work unit shall be clearly separate from the common walkways or entrances to the other residential units within the development, or other residential units in adjacent developments;

(14)

The commercial use shall not generate vehicular traffic, in excess of normal residential traffic, which will interfere with residential traffic circulation or shall not cause more than three vehicles including vehicles used by customers, vendors, or delivery services to visit the premises per day;

(15)

The live/work unit shall be required to provide parking in accordance with Sunnyvale Municipal Code Chapter 19.46;

(16)

No more than one employee (excluding residents of the dwelling unit) shall work or report to work on the premises, and the employment of any persons who do not reside in the live/work unit shall comply with all applicable building code requirements;

(17)

The commercial use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors;

(18)

No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.

(d)

Prohibited Commercial Uses in Live/Work Units.

(1)

Any use not permitted in R-3, R-4 or R-5 zoning districts, as specified in Table 19.18.030;

(2)

The retail sale of food and/or beverages with customers arriving on-site. This does not include online (Internet) sales, mail order, or off-site catering preparation;

(3)

Entertainment, drinking, and public eating establishments;

(4)

Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale;

(5)

Businesses that involves the use of prescription drugs;

(6)

Adult-oriented businesses, astrology palmistry, massage, head shops, and similar uses;

(7)

Sales, repair or maintenance of vehicles, including automobiles, boats, motorcycles, aircraft, trucks, or recreational vehicles;

(8)

Trade or Private Schools. This excludes private instruction of up to two students at any one time (e.g., music lessons, tutoring).

(Ord. 2920-10 § 1)

§ 19.27.010 Site or project-based specific plan districts.

From time to time the city of Sunnyvale adopts site or project-based specific plans in order to implement its general plan. Such specific plans establish unique zoning districts, and include architectural and design guidelines, site development standards, public facility improvement plans, and, when applicable, environmental mitigation monitoring programs. All site and project-based specific plans adopted by the city of Sunnyvale are incorporated in this chapter by reference.

(Ord. 2788-05 § 2)

§ 19.27.020 Regulations generally.

The standards, guidelines and improvement plans contained in an adopted specific plan shall apply in the specific plan's prescribed area. When the specific plan does not provide specific standards and/or procedures for review, approval and/or administration of development projects, that standards and procedures in this code shall apply.

(Ord. 2788-05 § 2)

§ 19.27.030 Lakeside specific plan district.

A zoning district entitled the "Lakeside Specific Plan" district (LSP) is established as shown on the official precise zoning plan, zoning district map, city of Sunnyvale, on file in the office of the city clerk and incorporated by reference. The LSP zoning district implements the Lakeside specific plan, incorporated by reference, a copy of which is on file in the office of the city clerk.

(Ord. 2788-05 § 2)

§ 19.27.040 Peery Park specific plan district.

A zoning district entitled the "Peery Park Specific Plan" district (PPSP) is established as shown on the official precise zoning plan, zoning district map, city of Sunnyvale, on file in the office of the city clerk and incorporated by reference. The PPSP zoning district implements the Peery Park specific plan, incorporated by reference, a copy of which is on file in the office of the city clerk.

(Ord. 3095-16 § 3)

§ 19.27.050 Village Center Master Plan district.

(a)

A zoning district entitled the “Village Center Master Plan” (VCMP) is established as shown on the official precise zoning plan, zoning district map, city of Sunnyvale, on file in the office of the city clerk and incorporated by reference.

(b)

The VCMP zoning district implements the Village Center Master Plan, incorporated by reference, a copy of which is on file in the office of the city clerk.

(c)

The Village Center Master Plan includes the following three implementing zoning districts:

(1)

Village Center Commercial (VCC).

(2)

Village Center Office (VCO).

(3)

Village Center Mixed Use (VCMU).

(Ord. 3241-25, 7/1/2025; Ord. 3242-25, 7/29/2025)

§ 19.28.010 Downtown Specific Plan District established.

A zoning district entitled "Downtown Specific Plan (DSP)" district is established as shown on the official precise zoning plan, zoning district map, city of Sunnyvale, on file in the office of the city clerk and incorporated by reference.

(Ord. 3162-20 § 2)

§ 19.28.020 Purpose and findings.

(a)

It is the purpose of this chapter to support implementation of the DSP and:

(1)

Create a vibrant and interesting city center which includes the concentration of many activities vital to sustaining the economic strength, regional prominence, and visual image of the city;

(2)

Encourage high-quality, high-intensity development adjacent to public transportation corridors;

(3)

Create employment and housing opportunities in a downtown setting and will provide a center for social interaction for residents of the city; and

(4)

Support community goals and values by supporting development incentives for community benefits.

(b)

The city council makes the following findings that implementation of the downtown specific plan will:

(1)

Protect and promote the public health, safety, peace, comfort and general welfare;

(2)

Establish the procedure for adoption of the orderly physical development of the district;

(3)

Conserve property values and maintain the historic architectural and cultural qualities of properties within the district; and

(4)

Protect the character and stability of adjacent residential neighborhoods.

(Ord. 3162-20 § 2)

§ 19.28.030 Compliance with the Downtown Specific Plan.

The DSP is incorporated by this reference. The specific plan includes architectural and downtown design guidelines, site development standards and planned public parks and other facilities which will be implemented through zoning and subdivision regulations, development standards, design guidelines, public and private improvements and an economic development strategy. All planning related activities within the DSP shall comply with both the provisions of the Sunnyvale Municipal Code and the DSP.

(Ord. 3162-20 § 2)

§ 19.28.040 Downtown Specific Plan regulations generally.

(a)

The regulations contained in this chapter shall apply in the DSP district, in conjunction with the standards, guidelines, and plans contained in the DSP document.

(b)

Whenever this chapter does not provide specific standards and/or procedures for the review, approval and/or administration of development projects within the DSP district or for appeals concerning approvals or administration of development projects, the standards and procedures contained in this code shall apply. In the event of any inconsistency between this code and the DSP, the DSP shall control.

(c)

The owner or occupant of land or buildings used for any purpose in the DSP district shall provide the facilities as required by and which conform with the regulations set forth in this chapter; provided, however, that buildings, structures or uses lawfully constructed or established prior to the effective date of this chapter which do not comply with the provisions hereof shall be deemed legally nonconforming in accordance with the provisions of Chapter 19.50 (Nonconforming Buildings and Uses).

(Ord. 3162-20 § 2)

§ 19.28.050 Downtown Specific Plan blocks.

The downtown specific plan district is divided into subdistricts, referred to as "blocks" to further refine development requirements within the DSP area, as set forth in the DSP document. The location and configuration of the blocks are shown in Figure 5-1 of the DSP and on the precise zoning plan.

(Ord. 3162-20 § 2)

§ 19.28.060 Single-family uses and structures.

(a)

Single-family uses on existing, legally created lots may be maintained in all blocks.

(b)

Additions to or new construction of single-family dwellings on existing, legally created lots are subject to design review provisions in Chapter 19.80.

(c)

Single-family dwellings and accessory structures must comply with applicable development standards for the R-0 District.

(d)

Accessory dwelling units in conjunction with an existing or proposed single-family dwelling or an existing multifamily dwelling structure shall meet the provisions of Chapter 19.79.

(Ord. 3162-20 § 2)

§ 19.28.070 Permitted, conditionally permitted and prohibited uses in mixed use, commercial and office DSP blocks.

(a)

Use Table. Table 19.28.070 sets forth those uses which are permitted, conditionally permitted, and prohibited in mixed use, commercial and office DSP blocks and the type of approval a use requires.

(1)

(2)

(3)

Special Development Permit (SDP). A use shown with "SDP" requires approval of a special development permit, in accordance with the provisions of Chapter 19.90, Special Development Permit, whichever applies. If there is an existing valid use permit or special development permit, and no new construction or expansion is proposed, then such use may be conducted without requiring another use permit or special development permit.

(4)

Not Permitted. (N). A use shown with "N" in the table is prohibited.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c)

Heritage Resources. Changes to any heritage resource or to a property within a heritage district may require a landmark alteration permit or resource alteration permit as set forth in Chapter 19.96.

Table 19.28.070
Permitted, Conditionally Permitted and Prohibited Uses in Mixed Use, Commercial and Office DSP Blocks
DSP MIXED USE, COMMERCIAL AND OFFICE BLOCKS		1	1a	2	3	7	13	18	20	21	22
1.	*Residential*
A.	Single-family dwelling and accessory buildings and uses developed on an existing, legally created lot per Section 19.28.060	N	N	N	N	N	SDP	N	SDP	N	N
B.	Single room occupancy (SRO) facilities	N	SDP	N	N	SDP	N¹	SDP	N¹	N	N
C.	Two-family dwelling (duplex)	N	N	N	N	N	N¹	N	N¹	N	N
D.	Multiple-family dwellings (3 or more units, or more than 1 main building) and accessory buildings and uses	N	SDP	N	N	SDP	N¹	SDP	N¹	N	N
E.	Boarding for less than 3 persons	N	P	P	P	P	P	P	P	N	N
F.	Facilities caring for 6 or fewer persons, as declared by the state to be a residential use	N	P	P	P	P	P	P	P	N	N
2.	*Education, Recreation and Places of Assembly*
A.	Education – Recreation and enrichment	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
B.	Education – Primary and high school	N	N	N	N	N	N	N	N	N	N
C.	Education – Institution of higher learning	N	N	N	N	N	N	N	N	N	N
D.	Recreational and athletic facilities	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
E.	Places of assembly – Business serving	SDP	SDP	SDP	SDP	SDP	N	N	SDP	N	SDP
F.	Places of assembly – Community serving	N	N	N	N	N	N	N	N	N	N
G.	Parks and playgrounds	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	N
H.	Entertainment establishments	SDP	SDP	SDP	SDP	N	N	SDP	N	N	SDP
I.	Card rooms	N	N	N	N	N	N	N	N	N	N
3.	*Commercial Uses*
A.	Assembly, compounding, manufacture or processing of merchandise or products, except such as are customarily incidental or essential to permitted use	N	N	N	N	N	N	N	N	N	N
B.	Automobile service stations	N	N	N	N	N	N	N	N	N	N
C.	Automobile vehicle-related parts sales, rentals, sales, repair or service uses	N	N	N	N	N	N	N	N	N	N
D.	Child care/ adult day care center/ nursery schools	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
E.	Drive-through businesses	N	N	N	N	N	N	N	N	N	N
F.	Financial institutions such as banks and savings and loans	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	N	MPP
G.	Hotels and motels	SDP	SDP	N	SDP	SDP	SDP	SDP	N	N	SDP
H.	Medical clinic	MPP	MPP	MPP	SDP	MPP	SDP	SDP	MPP	N	MPP
I.	Office: not located on ground floor	P	P	P	P	P	P	P	P	N	P
J.	Office: ground floor dependent	P	P	P	MPP	P	MPP	MPP	P	N	P
K.	Office: non-ground floor dependent	P	P	MPP	SDP	MPP	SDP	SDP	MPP	N	P
L.	Personal service	MPP	P	P	P	P	MPP	P	P	N	P
M.	Package liquor retail sales, when not combined with another permitted use	N	SDP	N	SDP	SDP	N	SDP	N	N	N
N.	Pawn broker shops	N	N	N	N	N	N	N	N	N	N
O.	Bar or Nightclub	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
P.	Repair shops for household appliances and wearing apparel	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
Q.	Retail business, including take-out retail food establishments	P	P	P	P	P	SDP	P	SDP	MPP	P
R.	Retail services such as laundry, repair shops, etc.	P	P	P	P	P	P	P	P	N	P
S.	Restaurants and fast food restaurants that may have on sale beer and wine service	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP
T.	Restaurants and fast food restaurants that have on sale general alcoholic beverage service	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
4.	*Accessory Uses*
A.	Retail commercial uses incidental to and in combination with residential uses in a mixed-use project	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	N
B.	Outdoor dining in conjunction with an approved restaurant use	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	N	MPP
C.	Accessory dwelling units	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79
5.	*Temporary Uses*
A.	Construction yard, subject to approval of director of public works	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP
6.	*Other Uses*
A.	Adult entertainment establishments (See Chapter 9.40)	N	N	N	N	N	N	N	N	N	N
B.	Electric transmission substations	N	N	N	N	N	N	N	N	N	N
C.	Massage establishments (See Chapter 9.41)	P	P	P	P	P	P	P	P	N	P
D.	Parking structures	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP
E.	Public service buildings and accessory uses	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP
F.	Public transportation facilities	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP
G.	Public utility buildings and service facilities	N	N	N	N	N	N	N	N	N	N
H.	Recycling centers in convenience zones as required by Public Resources Code Section 14300 et seq.	N	N	N	SDP	SDP	SDP	SDP	N	N	N
I.	Unenclosed uses other than outdoor dining	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
J.	Sale or rental of motor vehicles of all kinds	N	N	N	N	N	N	N	N	N	N
K.	Sale or rental of heavy equipment or machinery	N	N	N	N	N	N	N	N	N	N
L.	Storage or parking of commercial, industrial or public utility vehicles	N²	N²	N²	N²	N²	N²	N²	N²	N	N²
M.	Wholesale storage or warehousing of merchandise or products within a building	N	N	N	N	N	N	N	N	N	N
N.	Any use which is obnoxious, offensive or creates a nuisance to persons in adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances	N	N	N	N	N	N	N	N	N	N
O.	Payday lending establishment	N	N	N	N	N	N	N	N	N	N

Notes:
¹	Residential uses may be allowed with an SDP on portions of Blocks 13 and 20 that are designated residential on the DSP Land Use Plan (Figure 5-1 and Table 5-1 of the DSP).
²	Except that daytime and overnight parking of up to five commercial motor vehicles (of a type that are less than 10,000 pounds in gross vehicle weight with not more than two axles) that are owned or operated by the person(s), company or business which conducts the primary use is permitted, provided the vehicles are used for purposes of delivery, pick up or service to patrons of the primary use only, do not utilize on-site required parking and are not utilized for purposes of advertising.

Notes:

Residential uses may be allowed with an SDP on portions of Blocks 13 and 20 that are designated residential on the DSP Land Use Plan (Figure 5-1 and Table 5-1 of the DSP).

Except that daytime and overnight parking of up to five commercial motor vehicles (of a type that are less than 10,000 pounds in gross vehicle weight with not more than two axles) that are owned or operated by the person(s), company or business which conducts the primary use is permitted, provided the vehicles are used for purposes of delivery, pick up or service to patrons of the primary use only, do not utilize on-site required parking and are not utilized for purposes of advertising.

(Ord. 3162-20 § 2)

§ 19.28.080 Permitted, conditionally permitted and prohibited uses in residential DSP blocks.

(a)

Use Table. Table 19.28.080 sets forth those uses which are permitted, conditionally permitted, and prohibited in residential DSP blocks and the type of approval a use requires.

(1)

Permitted (P). A use shown with "P" in the table is allowed subject to compliance with all applicable provi-sions of this title. If the proposed use includes new construction, changes to the exterior of a building or other site modi-fication, design review is required in accordance with the provisions of Chapter 19.80, Design Review.

(2)

Miscellaneous Plan Permit (MPP). A use shown with "MPP" in the table requires the approval of a miscel-laneous plan permit, in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit. If there is an exist-ing valid miscellaneous plan permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another miscellaneous plan permit.

(3)

(4)

Not Permitted (N). A use shown with "N" in the table is prohibited.

(5)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if a Special Development Permit is listed in Table 19.28.080.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c)

Heritage Resources. Changes to any heritage resource or to a property within a heritage district may require a landmark alteration permit or resource alteration permit as set forth in Chapter 19.96.

Table 19.28.080
Permitted, Conditionally Permitted and Prohibited Uses in Residential DSP Blocks
DSP RESIDENTIAL BLOCKS		4, 5, 14, 15, 16, 23	6	8, 9, 10, 11, 12, 17	8a	8b, 9a
1.	*Residential*
A.	Single-family dwelling on an existing, legally created lot per Section 19.28.060	P	P	P	P	P
B.	Single room occupancy (SRO) facilities	SDP	N	N	N	N
C.	Two-family dwelling (duplex)	N	N	P	N	N
D.	Dual Urban Opportunity Housing	MPP	MPP	MPP	MPP	MPP
E.	Multiple-family dwellings (3 or more units, or more than 1 main dwelling)	SDP	SDP	SDP	SDP	SDP
F.	Boarding and lodging for less than 3 persons	P	P	P	P	P
G.	Facilities caring for 6 or fewer persons, as declared by the state to be a residential use	P	P	P	P	P
H.	Residential mobilehome park site	N	N	N	N	N
2.	*Education, Recreation, and Places of Assembly*
A.	Parks and playgrounds	SDP	SDP	SDP	SDP	SDP
B.	Education – Recreation and enrichment	N	N	N	N	N
C.	Education – Primary and high school	N	N	N	N	N
D.	Education – Institution of higher learning	N	N	N	N	N
E.	Recreational and athletic facilities	N	N	N	N	N
F.	Places of assembly – Business serving	N	N	N	N	N
G.	Places of assembly – Community serving	SDP	SDP	SDP	SDP	SDP
H.	Card rooms	N	N	N	N	N
3.	*Commercial Uses*
A.	Child care/adult day care center/nursery schools	SDP	SDP	SDP	SDP	SDP
B.	Hotels or motels	SDP	N	N	N	N
C.	Rest homes	SDP	SDP	SDP	SDP	SDP
4.	*Accessory Uses*
A.	Accessory dwelling units	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79
B.	Accessory structures	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40
C.	Commercial and personal service uses incidental to and in combination with residential uses	SDP	SDP	SDP	SDP	SDP
D.	Storage or parking of commercial, industrial or public utility vehicles, except for the purpose of loading or un-loading	N	N	N	N	N
5.	*Temporary Uses*
A.	Residential sales office for new development	MPP	MPP	MPP	MPP	MPP
B.	Construction yard, subject to approval of director of public works	MPP	MPP	MPP	MPP	MPP
6.	*Other Uses*
A.	Office: administrative, professional and medical	SDP	SDP	SDP	SDP	SDP
B.	Adult entertainment establishments (See Chapter 9.40)	N	N	N	N	N
C.	Electric transmission substations	N	N	N	N	N
D.	Massage establishments (See Chapter 9.41)	P	P	P	P	P
E.	Medical clinic	N	N	SDP	SDP	N
F.	Public service buildings and accessory uses	SDP	SDP	SDP	SDP	SDP
G.	Public utility buildings and service facilities	N	N	N	N	N
H.	Recycling centers	SDP	N	N	N	N
I.	Storage of materials, supplies or equipment for nonresi-dential purposes	N	N	N	N	N
J.	Sale or rental of heavy equipment or machinery com-monly used for agricultural, construction, industrial, min-ing, transportation or building service purposes	N	N	N	N	N
K.	Any use which is obnoxious or offensive or creates a nuisance	N	N	N	N	N
L.	Automobile or other independent motor vehicle-related uses, including, but not limited to, auto parts sales and auto rentals, sales, repair and services use

(Ord. 3162-20 § 2; Ord. 3189-22 § 7; Ord. 3223-24, 2/6/2024)

§ 19.28.090 Block development criteria.

Each lot in each block shall conform to applicable provisions for frontage, interior side and rear setbacks, as set forth in Tables 19.28.090(a) through (e). Development projects must also comply with block-specific site development stand-ards in the DSP document and other applicable provisions of the Sunnyvale Municipal Code including required facilities in Chapter 19.38.

Additional development potential and building height are possible through the use of local and state density bonus pro-grams or through provision of community benefits, identified in Section 5.1.3 of the DSP. For blocks where the allowa-ble lot coverage is indicated as "Per SDP" means that lot coverage shall be evaluated on a project-by-project basis through the special development permit process. Covered porches, stoops, and stairways may extend up to six feet into any required front yard.

Table 19.28.090(a)
Development Standards for Commercial Core District Block 18
	Block 18
Land Use Designation	Downtown Mixed Use
Minimum lot size	Per SDP
Maximum lot coverage	Per SDP
Maximum height	As provided in the DSP document
Minimum Front Setbacks
Mathilda Ave.	0 ft.
McKinley Ave.	0 ft.
Taaffe St.	0 ft.
Sunnyvale Ave.	0 ft.
Iowa Ave.	0 ft.
Minimum Interior Setbacks
Side	0 ft.
Rear	0 ft.
Minimum landscaped area	All areas not devoted to driveways and access zones
Minimum useable open space	50 sq. ft./unit

Table 19.28.090(b)
Development Standards for North of Washington District Blocks 1, 1a, 2, 21 and 22
	Block 1	Block 1a	Block 2	Block 21	Block 22
Land Use Designation	Office	Downtown Mixed Use	Commercial Heritage Landmark District	Transit center	Office
Minimum lot size	0.50 ac.	0.30 ac.	No minimum	No minimum	0.75 ac.
Maximum lot coverage	Per SDP	Per SDP	Per SDP	Per SDP	Per SDP
Maximum height	As provided in the DSP document
Minimum Front Setback
Mathilda Ave. and Mathilda Pl.	0 ft.	N/A	N/A	N/A	N/A
Washington Ave.	0 ft.	0 ft.	0 ft.	N/A	N/A
Olson Way	N/A	0 ft.	N/A	N/A	N/A
Taaffe St.	N/A	0 ft.	N/A	N/A	N/A
Evelyn Ave.	0 ft.	N/A	0 ft.	0 ft.	0 ft.
Aries Way	0 ft.	0 ft.	N/A	N/A	N/A
Sunnyvale Ave.	N/A	N/A	0 ft.	N/A	0 ft.
Altair Way	0 ft.	0 ft.	N/A	N/A	N/A
Carroll St.	N/A	N/A	N/A	N/A	N/A
Frances St.	0 ft.	0 ft.	0 ft.	N/A	N/A
Murphy Ave.	N/A	N/A	0 ft.	N/A	N/A
Minimum Interior Setbacks
Side	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.
Rear	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.
Minimum landscaped area	All areas not devoted to driveways and surface access zones	All areas not devoted to driveways and surface access zones	None	All areas not devoted to driveways and access zones	All areas not devoted to driveways and access zones
Minimum useable open space	N/A	50 sq. ft./unit	N/A	N/A	N/A

Table 19.28.090(c)
Development Standards for Sunnyvale/Carroll District Blocks 3, 4, 5, 6, 7 and 23
	Block 3	Block 4	Block 5	Block 6	Block 7	Block 23
Land Use Designation	Commercial	Downtown Very High Density Residential	Downtown Very High Density Residential	High Density and Medium Density Residential	Downtown Mixed Use	Downtown Very High Density Residential
Minimum lot size	No minimum	0.5 ac.	0.25 ac.	0.25 ac.	No minimum	0.50 ac.
Maximum lot coverage	Per SDP	Per SDP	Per SDP	60%	60%	45%
Maximum height	As provided in the DSP document
Minimum Front Setback
Washington Ave.	0 ft.	12 ft.	N/A	12 ft.	12 ft.	N/A
Sunnyvale Ave.	0 ft.	N/A	N/A	N/A	N/A	18 ft.
Evelyn Ave.	0 ft.	18 ft.	18 ft.	N/A	N/A	18 ft.
Bayview Ave.	N/A	12 ft.	12 ft.	N/A	N/A	N/A
Carroll Ave.	0 ft.	12 ft.	N/A	12 ft.	12 ft.	N/A
McKinley Ave.	N/A	N/A	13 ft.	N/A	12	N/A
Minimum Interior Setbacks
Side	0 ft.	6 ft.	6 ft.	6 ft.	0 ft.	6 ft.
Rear	0 ft.	20 ft.	20 ft.	20 ft.	0 ft.	20 ft.
Minimum landscaped area	All areas not devoted to driveways and access zones	Minimum 20% of lot area	Minimum 20% of lot area	Minimum 20% of lot area	All areas not devoted to driveways and access zones.	Minimum 20% of lot area
Minimum useable open space	N/A	50 sq. ft./unit	50 sq. ft./unit	50 sq. ft./unit	50 sq. ft./unit for residential uses	50 sq. ft./unit

Table 19.28.090(d)
Development Standards for South of Iowa District Blocks 8, 8a, 8b, 9, 9a, 10, 11, 12, 13, and 20
	Blocks 8a, 9, 10, 11 and 12	Block 8, 9a	Blocks 8b	Block 13	Block 20
Land Use Designation	Low-Medium Density Residential	Medium Density Residential	Low Density Residential	Office and service retail and low-medium density residential	Office and High Density Residential
Minimum project size	0.25 ac.	0.14 ac.	0.30 ac	0.4 ac.	No Minimum
Minimum lot size	2,600 sq. ft.	N/A	N/A	N/A	N/A
Maximum lot coverage	60%	60% (Block 8) 40% (Block 9a)	40%	Per SDP	60% max
Maximum height	As provided in the DSP document
Minimum Front Setbacks
Mathilda Ave.	N/A	N/A	N/A	0 ft.	0 ft.
McKinley Ave.	13 ft.	13 ft.	13 ft.	N/A	N/A
Carroll Ave.	15 ft.	N/A	15 ft.	N/A	N/A
Iowa Ave.	13 ft.	N/A	13 ft.	0 ft.	N/A
Sunnyvale Ave.	18 ft.	18 ft.	N/A	N/A	N/A
Taaffe St.	18 ft.	N/A	N/A	10 ft.	N/A
Frances St.	18 ft.	N/A	N/A	N/A	N/A
Murphy Ave.	18 ft.	N/A	N/A	N/A	N/A
Olive Ave.	13 ft.	N/A	13 ft.	10 ft.	10 ft.
El Camino Real	N/A	N/A	N/A	N/A	30 ft.
Minimum Interior Setbacks
Side	4 ft.	4 ft.	4 ft.	0 ft.	6 ft.
Rear	20 ft.	20 ft.	20 ft.	0 ft.	20 ft.
Minimum landscaped area	20% of lot area	20% of lot area	20% of lot area	All areas not devoted to driveways and surface access zones	All areas not devoted to driveways and access zones
Minimum useable open space	500 sq. ft./unit	500 sq. ft./unit	500 sq. ft./unit	500 sq. ft./unit	380 sq. ft./unit

Table 19.28.090(e)
Development Standards for West of Mathilda District Blocks 14, 15, 16, and 17
	Blocks 14, 15 and 16	Block 17
Land Use Designation	Downtown Very High Density Residential	Low Medium Density Residential
Minimum lot area	0.75 acre	8,000 sq. ft.
Maximum lot coverage	Per SDP	40%
Maximum height	As provided in the DSP document
Minimum Front Setbacks
Mathilda	0 ft.	12 ft.
McKinley Ave.	10 ft.	N/A
Iowa Ave.	10 ft.	10 ft.
Charles Ave.	10 ft.	10 ft.
Washington Ave.	10 ft.	10 ft.
Evelyn Ave.	N/A	18 ft.
Olive Ave.	10 ft.	N/A
Minimum Interior Setbacks
Side	6 ft.	4 ft.
Rear	10 ft.	20 ft.
Minimum landscaped area	Minimum 20% of lot area	Minimum 20% of lot area
Minimum useable open space	50 sq. ft./unit	500 sq. ft./unit

(Ord. 3162-20 § 2)

§ 19.28.100 Parking requirements.

(a)

Vehicle Parking Standards. Vehicle parking requirements are listed in Table 19.28.100(a) unless exempted by Section 19.46.030.

(1)

Other Provisions. Refer to Chapter 19.46 for definitions; parking space dimensions and lot design; adjust-ments to parking requirements; parking management plans and tools; and any uses not listed.

(2)

Calculating Required Parking. When calculating required parking, any portion of a parking space shall be rounded up to the next whole number.

(3)

Parking Management Plan. New developments where parking is required or voluntarily provided require a parking management plan in accordance with Section 19.46.160.

(b)

Shared Parking. Shared parking may be allowed for differing uses and is encouraged for trip reduction programs such as car sharing and other transportation demand management programs. Parking analysis will be evaluated with the application submittals for the special development permit, and a shared parking agreement or a parking management plan may be required.

(c)

For Projects Within the Parking District. All non-residential development projects within the boundaries of a parking district (created by the action of the city council) shall prepare a parking analysis to determine how the required parking will be provided. The analysis shall include parking provided by the parking district, parking provided onsite, and parking provided in other locations. Residential uses shall provide assigned parking for residents onsite.

(d)

Special Provisions for the Downtown Specific Plan. The following criteria shall apply within the boundary of the DSP.

(1)

Tandem Parking. Tandem parking may be provided for a multiple-family residential use up to one hundred percent of the units. Each set of tandem spaces must be assigned to the same unit. Required unassigned spaces shall not be provided as tandem parking.

(2)

Minimum Unassigned Parking for Multiple-family Uses. When two assigned spaces are provided for a mul-tiple-family residential unit (including tandem parking) the number of unassigned spaces may be reduced by twenty-five percent for each unit with more than one assigned space.

(3)

Senior and Affordable Housing. The provisions of Section 19.46.080 shall apply within the boundary of the DSP.

(e)

Loading Spaces. Loading spaces shall conform with the provisions of Chapter 19.46.

(f)

Bicycle Parking Standards. Bicycle parking requirements shall comply with the Santa Clara Valley Transporta-tion Authority (VTA) Guidelines. Reductions or deviations from these requirements may be determined as part of the project review on a case-by-case basis in accordance with the DSP and implementing regulations. Except that the mini-mum number of Class II bike spaces in any location should be two (four-bicycle capacity).

Table 19.28.100(a)
Vehicular Parking Standards
Land Use	Minimum Number of Parking Spaces Required	Other Provisions
Single-Family Residential	1 assigned and covered per unit + 1 uncovered per unit	None
Multiple-Family Residential Studio or 1 Bedroom	1 assigned and covered per unit +0.5 unassigned per unit	Assigned spaces may not be compact. Up to ten percent of the total number of unassigned parking spaces may be compact in parking lots of ten or more spaces.
Multiple-Family Residential 2-Bedroom	1 assigned and covered per unit +0.7 unassigned per unit
Multiple-Family Residential 3-Bedroom and larger	1 assigned and covered per unit + 1 unassigned per unit
Office	2 per 1,000 sq. ft.	Maximum 4 per 1,000 sq. ft.
Retail (freestanding)	4 per 1,000 sq. ft.	Maximum 5 per 1,000 sq. ft.
Retail (mixed use)	2 per 1,000 sq. ft.
Medical Clinic	3.3 per 1,000 sq. ft.
Restaurant without Bar (freestanding)	9 per 1,000 sq. ft.
Bar or Restaurant with Full Bar (freestanding)	13 per 1,000 sq. ft.
Assembly/Theater	1 per 3 seats
Hotel	0.8 spaces per hotel room	Parking management plan required
Any Use within the Parking District	Parking requirements consistent with Section 19.28.100 (c)

(Ord. 3162-20 § 2; Ord. 3206-22 § 1; Ord. 3207-23 § 1)

§ 19.28.110 Subdivisions.

All subdivisions and parcel maps shall comply with the minimum subdivision regulations, standards and improve-ments as set forth in Title 18, with the following special considerations:

(a)

Minimum lot area shall conform to the requirements in Table 19.28.090.

(b)

Remnant parcels which do not meet minimum lot area requirements shall not be created be created. A parceliza-tion plan for a block shall be submitted to the director of community development as part of the special development permit review process.

(c)

Whenever a subdivision or merger of land or a map is required to be filed in connection with a project within the DSP district, no building permit shall be issued for the project unless and until all of the requirements, including re-cordation, related to final subdivision or parcel maps have been met, unless otherwise approved, in writing, by the direc-tor of community development.

(Ord. 3162-20 § 2)

§ 19.29.010 Moffett Park Specific Plan district established.

A Moffett Park Specific Plan (MPSP) district (with associated zoning districts and combining zoning district con-tained in this chapter) is established as shown on the official precise zoning plan, zoning district map, city of Sunnyvale, on file in the office of the city clerk and incorporated by reference.

(Ord. 3218-23 § 1)

§ 19.29.020 Purpose.

(a)

The MPSP districts are established to implement the MPSP, which is incorporated herein by reference. The MPSP is a comprehensive, long-term planning document for the MPSP area. It includes land use districts and programs; site design, building design, and ecological development standards; open space and urban ecology types, standards, and guidelines; complete street standards; parking and transportation demand management requirements; and infrastructure and utility enhancement; among other components.

(b)

The purpose of MPSP is to establish a well-connected ecological innovation district with a diverse mix of uses, including, but not limited to, residential, office, and commercial uses, that serves as a model of resilience, climate protec-tion, equity, and economic opportunity. To achieve the vision for an ecological innovation district, the Guiding Princi-ples offer more specific direction regarding how strategies and activities within Moffett Park can be implemented over time:

(1)

Maintain Moffett Park as an integral part of Sunnyvale;

(2)

Establish Moffett Park as a model community through its commitment to comprehensively addressing resil-ience, climate protection, and equity in all activities;

(3)

Evolve Moffett Park into a vibrant and inclusive community where all people can thrive;

(4)

Maintain and strengthen Moffett Park as a diverse economic engine that supports economic prosperity for all;

(5)

Create a connected, accessible district that prioritizes the movement of people over vehicles to reduce climate pollution and to support a healthy community;

(6)

Cultivate dynamic and connected public spaces that accommodate the physical and social needs of all users;

(7)

Create a healthy, resilient, and biodiverse environment; and

(8)

Integrate innovative and emerging technologies in the district to support community-wide goals.

(c)

The council finds that the MPSP will:

(1)

Protect and promote the public health, safety, peace, comfort, and general welfare;

(2)

Establish the procedure for adoption of the orderly physical development of the MPSP district by defining development procedures and requirements to obtain the objectives of the MPSP;

(3)

Promote the city's goals of smart growth and sustainable development;

(4)

Diversify and strengthen the commercial and residential opportunities and fiscal health of the city.

(Ord. 3218-23 § 1)

§ 19.29.030 Applicability.

(a)

The regulations contained in this chapter shall apply in the MPSP district, in conjunction with the standards, guidelines, and plans contained in the MPSP document.

(b)

Whenever this chapter or the MPSP document does not provide specific standards and/or procedures for the review, approval, and/or administration of development projects within the MPSP district or for appeals concerning ap-provals or administration of development projects, the provisions of the Sunnyvale Municipal Code shall apply.

(c)

In the event of any conflict between the provisions of this chapter and the provisions of the Sunnyvale Municipal Code, the provisions of this chapter shall prevail.

(d)

The owner or occupant of land or buildings used for any purpose in the MPSP district shall provide the facilities as required by and which conform with the regulations set forth in this chapter; provided, however, that buildings, struc-tures, or uses lawfully constructed or established prior to the effective date of this chapter that do not comply with the provisions hereof shall be deemed legally nonconforming in accordance with the provisions of Chapter 19.50.

(Ord. 3218-23 § 1)

§ 19.29.040 Definitions.

"Development reserve"

means the allowed net new office, research & development, and industrial floor area studied under the environmental impact report. bonus FAR developments are eligible to apply for bonus floor area allo-cation from the development reserve.

(1)

"Base FAR reserve"

means the net new office, research & development, and industrial floor area for exist-ing parcels to meet their base FAR.

(2)

"Neighborhood reserve"

means the net new office, research & development, and industrial floor area dis-tributed by neighborhood for bonus FAR development.

(3)

"Small project reserve"

means the portion of net new office, research & development, and industrial floor area less for nonresidential projects less than one hundred fifty thousand square feet.

Floor area.

(1)

"Base floor area ratio"

means the maximum allowed nonresidential intensity for a parcel without the addi-tion of bonus FAR.

(2)

"Bonus floor area ratio"

means the allowed office and research & development intensity for a parcel if de-velopment meets bonus FAR development standards, including community benefits, on net new floor area.

(3)

"Total floor area ratio maximum"

means the maximum density for a parcel inclusive of office and research & development floor area, commercial and retail areas, residential floor area, and transfer of development rights floor area from sending parcels.

(Ord. 3218-23 § 1)

§ 19.29.050 Zoning and combining zoning districts.

The MPSP establishes the following zoning and combining zoning districts:

(a)

Moffett Park - Activity Center (MP-AC) District. The MP-AC district is a vibrant, mixed-use place that allows for a mix of office, residential, and commercial uses. The district accommodates neighborhood-serving commercial uses, community services, and entertainment in ground floor storefronts facing public streets, parks, and open space.

(b)

Moffett Park - Residential (MP-R) District. The MP-R district allows for very high-density housing.

(c)

Moffett Park - Mixed-Use (MP-MU) District. The MP-MU district allows standalone residential, standalone office, or a mixed-use development.

(d)

Moffett Park - Office 1 (MP-O1) District. The MP-O1 district provides for the potential densification of existing office campuses in the Polsolmi and Onizuka Neighborhoods with corporate and professional office uses and does not permit residential development. MP-O1 may be combined with the Moffett Park ecological combining district (ECD) as provided for in Chapter 19.26.

(e)

Moffett Park - Office 2 (MP-O2) District. The MP-O2 district provides for higher-intensity corporate and profes-sional office uses in proximity to the MP-AC, MP-R, MP-MU, and high-quality transit and does not permit residential development.

(f)

Moffett Park - Mixed Employment 1 (MP-E1) District. The MP-E1 district allows for a mix of uses, including corporate and professional office light industrial, and other nonresidential uses in an urban pattern with integrated open space. It does not permit residential development.

(g)

Moffett Park - Mixed Employment 2 (MP-E2) District. The MP-E2 district allows for a mix of office, research & development, and industrial uses and does not permit residential development.

(h)

Moffett Park - Mixed Employment 3 (MP-E3) District. The MP-E3 district allows for a mix of office, research & development, and light industrial and does not permit residential development. MP-E3 shall be combined with the Mof-fett Park ECD as provided for in Chapter 19.26.

(i)

Moffett Park - Hospitality (MP-H) District. The district allows for hotel and hospitality uses and does not permit residential development.

(j)

Moffett Park - Public Facilities (MP-PF) District. The public facilities district allows for governmental, public utility, and educational buildings and facilities, and other uses compatible with the public character of the district and does not permit residential development.

(k)

Moffett Park Ecological Combining District (ECD). The ecological combining district preserves, expands, and enhances the ecological value of the existing and potential green space and biological resources located within the northwest corner of the Moffett Park Specific Plan area, and provides opportunities for public access and passive recrea-tion.

(Ord. 3218-23 § 1)

§ 19.29.060 Permitted development types and uses.

(a)

Development Types and Use Table. Table 19.29.060 sets forth the development types and uses, respectively, that are permitted, conditionally permitted, and prohibited in the Moffett Park zoning districts.

(1)

Permitted (P).

(2)

Special development permit (SDP).

(3)

Miscellaneous plan permit (MPP).

(4)

Not permitted (N).

(b)

Ecological Combining Zoning District. New commercial, industrial, office, and residential uses shall not be al-lowed in the ECD.

(c)

Neighborhood-Serving Uses. Neighborhood-serving uses are listed under Section 19.29.080.

(d)

Innovation and Creation Space. Innovation and creation space uses are listed under Section 19.29.090.

(e)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if a Special Development Permit is listed in Table 19.29.060.

Table 19.29.060
Permitted, Conditionally Permitted, and Prohibited Uses in MPSP Districts
Use	MP-O1, MP-O2	MP-E1	MP-E2	MP-E3	MP-H	MP-AC	MP-MU	MP-R	MP-PF
Office
Professional or medical office, not located on the ground floor	P	P	P	P	SDP	MPP	MPP	N	N
Professional or medical offices, located on the ground floor less than 1,000 square feet	P	P	P	P	SDP	MPP	MPP	N	N
Professional or medical office, located on the ground floor greater than 1,000 square feet	MPP	MPP	MPP	MPP	SDP	SDP	MPP	N	N
Ground floor dependent office less than 1,000 square feet	P	P	P	P	N	MPP	MPP	N	P
Ground floor dependent office greater than 1,000 square feet	MPP	MPP	MPP	MPP	N	MPP	MPP	N	MPP
Administrative office, not located on the ground floor	P	P	P	P	SDP	MPP	MPP	N	N
Administrative office, located on the ground floor greater than 1,000 square feet	P	P	P	P	SDP	MPP	MPP	N	N
Administrative office, located on the ground floor greater than 1,000 square feet	P	P	P	P	SDP	SDP	SDP	N	N
Research and development office	MPP	MPP	MPP	MPP	SDP	SDP	MPP	N	N
Medical clinic	MPP	MPP	MPP	N	SDP	MPP	MPP	N	N
Industrial, Manufacturing and Warehousing
Electronic data storage and data server farms	N	SDP	MPP	MPP	N	N	SDP	N	N
Manufacture, processing, repair, compounding, packaging, assembly or treatment plants or facilities for equipment, materials or products, including production bakeries and food processing activities (non-hazardous materials).	SDP	P	P	P	N	SDP	SDP	N	N
Printers, copiers, and engravers using chemical processes	SDP	SDP	SDP	SDP	N	N	N	N	N
Wholesale or commercial storage or warehousing of merchandise or products within a building	MPP	MPP	MPP	MPP	N	N	N	N	N
Hazardous materials storage as defined in Title 20 of the Municipal Code	P	P	P	P	N	N	N	N	N
Hazardous materials storage facilities which meet the criteria of Section 19.22.060 of the Zoning Code	MPP	MPP	MPP	MPP	N	N	N	N	N
Hazardous materials storage facilities which do not meet the criteria of Section 19.22.060 of the Zoning Code	SDP	SDP	SDP	SDP	N	N	N	N	N
Hazardous wastes management facilities which meet the criteria of Section 19.22.070 of the Zoning Code	SDP	SDP	SDP	SDP	N	N	N	N	N
Automotive
Automobile service station	N	MPP	P	SDP	SDP	N	N	N	N
Electric vehicle charging facility	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP
Auto dealership	N	N	N	N	N	N	N	N	N
Auto broker for 3 or fewer vehicles on site	MPP	N	N	N	N	N	N	N	N
Sale or rental of utility trailer, heavy equipment, or machinery	N	SDP	SDP	SDP	N	N	N	N	N
Automobile repair and service	N	N	N	N	N	N	N	N	N
Car wash facility	N	SDP	SDP	SDP	N	SDP	N	N	N
Auto service if incidental to other permitted uses	N	MPP	MPP	MPP	N	N	N	N	N
Commercial, Retail and Services
Retail sales and services, excluding uses listed individually below	P	P	MPP	P	P	P	P	MPP	N
Retail sales and retail services, if incidental to other permitted uses	P	P	MPP	P	P	P	P	P	N
Financial institution	P	N	N	N	MPP	P	P	N	N
Financial institution with drive-through	N	N	N	N	N	N	N	N	N
Shopping center	N	MPP	MPP	P	P	P	P	MPP	N
Automotive showrooms	N	N	N	N	N	SDP	SDP	N	N
Retail sales with drive-through	N	N	N	N	N	N	N	N	N
Liquor store, within 200 feet of public schools	N	N	N	N	N	N	N	N	N
Liquor store, outside 200 feet of public schools	P	P	N	N	N	P	P	N	N
Animal hospital	SDP	SDP	N	SDP	N	SDP	SDP	N	N
Animal boarding	N	SDP	N	N	N	SDP	N	N	N
Animal grooming service	SDP	SDP	SDP	N	N	MPP	MPP	N	N
Animal shelter	N	SDP	SDP	SDP	N	N	N	N	N
Personal service	P	P	N	N	P	P	P	P	N
Service commercial	P	P	MPP	N	P	P	P	N	N
Childcare centers, business-sponsored	SDP	SDP	N	N	N	SDP	SDP	N	N
Childcare centers, 30 or fewer children	MPP	MPP	N	N	N	MPP	MPP	MPP	N
Childcare centers, more than 30 children	SDP	SDP	N	N	N	SDP	SDP	SDP	N
Payday lending establishment (refer to the section re: payday lending)	N	N	N	N	N	N	N	N	N
Massage establishment, subject to provisions of SMC Chapter 9.41	P	P	N	N	P	P	P	N	N
Adult business, subject to provisions of SMC Chapter 9.40	N	N	N	N	N	P	N	N	N
Restaurants, Eating and Drinking Establishments
Restaurant, without beer and wine	MPP	MPP	MPP	MPP	MPP	MPP	SDP	SDP	N
Restaurant, with beer and wine	MPP	MPP	MPP	MPP	MPP	MPP	SDP	SDP	N
Restaurant, with general liquor	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N
Restaurant, with drive-through	N	N	N	N	N	N	N	N	N
Restaurant, take-out only	MPP	MPP	MPP	MPP	N	MPP	MPP	SDP	N
Nightclub, bar, or entertainment establishment	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	N
Education, Recreation and Places of Assembly¹
Education - recreation and enrichment	N	N	N	N	N	MPP	MPP	MPP	SDP
Education - primary, middle, and high school	SDP	SDP	N	SDP	SDP	SDP	SDP	SDP	SDP
Education - institution of higher learning	N	N	N	N	N	SDP	SDP	N	SDP
Recreational and athletic facility	SDP	N	N	N	N	SDP	SDP	N	SDP
Place of assembly - business serving	SDP	N	N	N	N	SDP	SDP	N	SDP
Place of assembly - community serving	N	N	N	N	N	SDP	SDP	SDP	SDP
Safe parking site	See Chapter 19.66
Cardroom	N	N	N	N	N	N	N	N	N
Residential, Boarding and Lodging
Single-family dwelling	N	N	N	N	N	N	N	N	N
Two-family dwelling	N	N	N	N	N	N	N	N	N
Multi-family dwelling	N	N	N	N	N	SDP	SDP	SDP	N
Mobile home park	N	N	N	N	N	N	N	N	N
Single-room occupancy (SRO) living unit facility	N	N	N	N	N	N	SDP	SDP	N
Single-room occupancy (SRO) residential hotel	N	N	N	N	N	N	SDP	SDP	N
Residential care facility, 6 or fewer residents	N	N	N	N	N	N	SDP	SDP	N
Hotel or motel	SDP	SDP	N	N	SDP	SDP	SDP	N	N
Security personnel or caretakers sleeping quarters in conjunction with a primary office or manufacturing type use	MPP	MPP	N	N	N	N	N	N	N
Emergency shelter	N	N	N	N	N	N	N	N	N
Accessory dwelling unit	See SMC Chapter 19.79
Other
Accessory structures, including emergency generators (non-hazardous materials)	P	P	P	P	P	P	P	P	P
Incidental and accessory outdoor storage, mechanical equipment per SMC Chapter 19.82	MPP	MPP	MPP	MPP	N	N	N	N	N
Incidental and accessory outdoor storage, mechanical equipment per SMC Chapter 19.88	SDP	SDP	SDP	SDP	N	N	N	N	N
Electric distribution and transmission substations	N	SDP	SDP	SDP	N	N	N	N	SDP

Notes:
1	Educational and recreational uses and places of assembly shall not be located in retail centers in a manner that disrupts the flow of pedestrians between retail establishments.

(Ord. 3218-23 § 1; Ord. 3223-24, 2/6/2024; Ord. 3233-24, 11/19/2024)

§ 19.29.070 Office and residential intensity and density.

(a)

FAR and Density. Allowed FAR and residential density applicable for each zoning district are set forth in Table 2 of MPSP Section 4.4.

(b)

Site Master Plan. All developments shall submit a Site Master Plan. Site Master Plans shall identify horizontal development, streets, open spaces, district infrastructure, and allocation of vertical development per MPSP Section 10.3.

(c)

Bonus and Maximum FAR for Nonresidential Development.

(1)

Additional FAR may be allowed to exceed base FAR, up to the bonus FAR maximum, for developments that meet the following requirements:

(A)

Development agreement;

(B)

LEED BD+C Platinum and a whole building life cycle assessment;

(C)

On-site open space and improvement contribution;

(D)

Community benefit contribution.

(2)

Developments may also be allowed to exceed the bonus FAR maximum for the district through the Transfer of Development Rights (TDR) Program up to the total FAR maximum.

(d)

Density for Residential Development.

(1)

Minimum Density. All new residential development in the MP-AC and MP-R and MP-MU zoning districts shall be built to at least the minimum density as set forth in MPSP Section 4.3.

(2)

Residential developments shall meet the following requirements:

(A)

A minimum of one hundred twenty points on the GreenPoint Rated Checklist.

(B)

On-site open space and improvement contribution.

(e)

Additional standards, requirements, and details for all development, base and bonus FAR for nonresidential de-velopment, and residential development are set forth in the MPSP Section 4.4 (General Land Use).

(f)

Height. All development shall comply with the maximum height limits set forth in MPSP Section 5.3.

(Ord. 3218-23 § 1)

§ 19.29.080 Neighborhood-serving uses.

(a)

Neighborhood Serving Uses Required. Neighborhood-serving uses shall be required per Figure 27 of MPSP Section 4.6.

(1)

Neighborhood-Serving Uses. The following land uses are considered neighborhood-serving retail and commercial uses:

Table 19.29.080
Neighborhood-Serving Uses in MPSP Districts
Use	Neighborhood-Serving Retail and Commercial Uses	Neighborhood-Serving Office and Community Uses
Office
Professional office	No	Yes
Medical office	No	Yes
Ground floor dependent office	No	Yes
Medical clinic	No	Yes
Commercial, Retail and Services
Retail sales and services (excluding retail sales and services with drive-through)	Yes	No
Financial institution (excluding financial institution with drive-through)	Yes	No
Shopping center	Yes	No
Automotive showrooms	Yes	No
Liquor store, outside 200 feet of public schools	Yes	No
Animal hospital	Yes	No
Animal boarding	Yes	No
Animal grooming service	Yes	No
Personal service	Yes	Yes
Service commercial	Yes
Childcare centers, 30 or fewer children	No	Yes
Childcare centers, more than 30 children	No	Yes
Art gallery	Yes	Yes
Restaurants, Eating and Drinking Establishments
Restaurant, without beer and wine	Yes	No
Restaurant, with beer and wine	Yes	No
Restaurant, with general liquor	Yes	No
Restaurant, with drive-through	Yes	No
Restaurant, take-out only	Yes	No
Education, Recreation and Places of Assembly
Education - recreation and enrichment	No	Yes
Education - institution of higher learning	No	Yes
Other
Manufacture, processing, repair, compounding, packaging, assembly or treatment plants or facilities for equipment, materials or products, including production bakeries and food processing activities, and "makers space" (Non-hazardous materials)1	Yes	Yes
Public service use or facility	No	Yes

Notes:
1	Subject approval by the director of community development through a Miscellaneous Plan Permit (MPP).

(b)

Neighborhood-Serving Uses. The following neighborhood-serving uses shall comply the standards set forth in MPSP Section 4.6:

(1)

Retail and commercial ground floors.

(2)

Medium format retail.

(3)

Neighborhood-serving office and community uses.

(4)

Community center and library uses.

(c)

Floor Area Exemption. Floor area of the neighborhood-serving uses shall be exempt from the gross floor area calculations, including allowed FAR, community benefit, or development reserve calculations.

(d)

Permit requirements are established in Table 19.29.060.

(Ord. 3218-23 § 1)

§ 19.29.090 Innovation and creation space.

(a)

Innovation and Creation Space. Innovation and creation spaces are required for new office, research and devel-opment, and industrial development except as set forth in MPSP Section 4.7.

(1)

Innovation Space. The following land uses are considered innovation space:

(A)

Professional office.

(B)

Medical office.

(C)

Ground floor dependent office.

(2)

Creation Space. The following land uses are considered creation space:

(A)

Manufacture, processing, repair, compounding, packaging, assembly or treatment plants or facilities for equipment, materials or products, including production bakeries and food processing activities (non-hazardous mate-rials).

(B)

Research and development for start-ups and small businesses. See MPSP Section 4.7 for further clarification.

(C)

Education - institution of higher learning, subject to approval by the director of community develop-ment through a Miscellaneous Plan Permit (MPP).

(D)

Art gallery, subject to approval by the director of community development through a Miscellaneous Plan Permit (MPP).

(E)

Artist studio, subject to approval by the director of community development through a Miscellaneous Plan Permit (MPP).

(3)

Space shall be provided as innovation, creation, or a combination of both.

(4)

A minimum of 7.5% of all net new office and research and development space shall be provided as innova-tion space.

(5)

A minimum of five percent of all net new office and research and development space shall be provided as creation space.

(b)

Space may be consolidated into one site or adjacent sites with a Site Master Plan.

(c)

Space shall comply with standards listed in MPSP Section 4.7.

(d)

Permit requirements are established in Table 19.29.060.

(Ord. 3218-23 § 1)

§ 19.29.100 Development reserve, transfer of development rights, access, permit duration.

(a)

Development Reserve. Development projects may request additional square footage from the development re-serve that exceeds the base FAR of the site up to the bonus FAR maximum for the land use district as set forth in Table 2 of MPSP Section 4.4. The development reserve allocates bonus FAR to each neighborhood in Moffett Park to ensure growth targets can be met across the site. The development reserve sets up a "small project reserve" for smaller devel-opment projects. Procedures for determining the amount of square footage in the pool and its availability are set forth in the MPSP.

(b)

Transfer of Development Rights (TDR). The MPSP allows transfer of nonresidential development rights to in-centivize the specific plan priorities related to open space, urban ecology, public school, publicly accessible open space, and community facility site acquisition, and residential development. Nonresidential bonus FAR maximums may be exceeded through the transfer of development rights from one parcel to another parcel within Moffett Park. The details, requirements, and process for obtaining additional TDR square footage are set forth in the MPSP.

(1)

The MPSP establishes three TDR programs.

(A)

Public schools, publicly accessible open spaces, and community facilities.

(B)

Residential development.

(C)

Moffett Park ecological combining district.

(2)

All the nonresidential floor area on a sending parcel may be transferred in its entirety, to a single receiving parcel, or in separate increments to several receiving parcels. Receiving parcels may receive floor area from multiple sending parcels. Individual receiving parcels may not exceed the total FAR maximum as set forth in Table 2 of MPSP Section 4.4.

(c)

TDR for ECD. The MPSP allows transfer of nonresidential development rights to incentivize the specific plan priorities related to open space and urban ecology. The details, requirements, and process for obtaining additional TDR square footage are set forth in the MPSP.

(1)

All the nonresidential floor area and developable square footage up to the base FAR on a sending parcel may be transferred in its entirety, to a single receiving parcel, or in separate increments to several receiving parcels. Re-ceiving parcels may receive floor area from multiple sending parcels. Individuals receiving parcels may not exceed the total FAR maximum as set forth in Table 2 of MPSP Section 4.4.

(2)

The ECD does not limit the gross parcel area for determining the amount of development permitted to be transferred.

(3)

The property owner shall submit a Habitat Enhancement and Management Plan, developed by a qualified biologist, which includes habitat enhancements, a maintenance and management plan, and adherence to additional stand-ards in the MPSP.

(Ord. 3218-23 § 1)

§ 19.29.110 Moffett Park Specific Plan site development standards.

(a)

Site Design. The MPSP established site design standards which regulate block design, building placement and setbacks, and lot coverage. These standards support the health and safety of future residents and employees by providing standards to ensure a walkable block structure and safe pedestrian experience, reduce vehicle miles traveled, contribute to climate mitigation efforts, minimize the heat island effect, and improve ecological resiliency. The details and require-ments for the site design are set forth in the MPSP. The MPSP establishes standards for:

(1)

Block structure.

(2)

Building setbacks.

(3)

Lot coverage and paving area.

(b)

Building Design. The MPSP established site design standards which regulate various aspects of building design. The details and requirements for the building design are set forth in the MPSP. The MPSP establishes standards for:

(1)

Building height and ground floor elevation.

(2)

Building massing.

(3)

Ground flood design and building entries.

(4)

Usable open space.

(5)

Parking facility design.

(6)

Building elements and required facilities.

(c)

Ecological Development Standards. To ensure development applicants meet a high standard of ecological de-sign, the MPSP establishes requirements for landscape design, lighting, impervious coverage, tree canopy, perches, ur-ban forestry, and bird safe design. The details and requirements are set forth in the MPSP.

(d)

Exceptions to Standards. New developments may be provided with flexibility in meeting design standards based on special site conditions and constraints. To be considered for an exception, applicants for new development must:

(1)

Provide findings on how the new development project meets the goals, policies, and intent of the standard where the exception is requested; and

(2)

Document constraints to meeting the standard. Exceptions from quantitative standards shall not deviate more than ten percent plus or minus from the standard.

(3)

Exceptions may apply to the following standards:

(A)

4.6 Neighborhood-Serving Uses

(B)

5.2.1 Block Structure

(C)

5.2.2 Building Setbacks

(D)

5.2.3 Lot Coverage and Paving Area

(E)

5.3.2 Building Massing

(F)

5.3.3 Ground Floor Design and Building Entries

(G)

5.3.5 Parking Facility Design

(H)

5.3.6 Building Elements and Required Facilities

(I)

6.6.3 Urban Forest

(J)

7.3 Complete Street Design Standards

(Ord. 3218-23 § 1)

§ 19.29.120 Transportation demand management and parking requirements.

(a)

Transportation Management Association (TMA) and Transportation Demand Management (TDM). All devel-opment in MPSP shall be required to participate in The MPSP establishes requirements for participation in a TMA and for preparation of a TDM plan to reduce single occupancy vehicle travel, minimize peak period vehicle trips, and mini-mize overall vehicle miles traveled by shifting trips to transit, biking, walking, scooting, or rideshare. All new residential projects with ten or more units and new nonresidential projects of five thousand square feet or more shall be required to join the TMA and submit a TDM plan for each project site. The details and requirements for the TMA and TDM are set forth in the MPSP.

(b)

Maximum Parking Requirements. All new development shall adhere to the maximum parking requirements in Table 24 in MPSP Section 8.3.1. A project may exceed that maximum by up to fifty percent of the maximum ratio, pro-vided that all of the additional spaces over the maximum shall be shared with the public at all times. Parking maximums for new development shall be phased in over time. The details and requirements for vehicle parking and loading are set forth in the MPSP.

(c)

Shared Parking. Shared parking may be allowed for different uses on the same property or across different prop-erties to reduce the number of spaces provided as set forth in the MPSP. A shared parking management plan is required.

(d)

Carpool/Vanpool and Electric Vehicles. A minimum number of carpool/vanpool and electric vehicles shall be provided by new development as set forth in the MPSP.

(e)

Loading. Off-street freight and equipment loading spaces shall be provided for all development as set forth in the MPSP.

(f)

Bicycle Parking. All new development shall adhere to the bicycle parking, shower, and locker requirements in Table 28 of MPSP Section 8.5. The details and requirements for bicycle parking are set forth in the MPSP.

(Ord. 3218-23 § 1)

§ 19.29.130 Landscaping and open space requirements.

(a)

Applicability. Landscape and open space standards apply in connection with new construction, replacement, or expansion in floor area of any structure.

(b)

Specific Plan. Refer to Section 5.4 and Chapter 6 of MPSP for additional open space and landscaping standards and requirements.

(c)

Additional Requirements. Refer to Chapter 19.37 of the Municipal Code for additional landscaping, irrigation, and open space requirements not covered by this section.

(d)

Minimum Usable Open Space Dimensions. Each usable open space area shall have at least a twelve-foot dimen-sion in any direction except for private balconies must have a minimum of seven feet in any direction.

Table 19.29.130
Landscaping and Open Space Requirements
Zoning District	Usable Open Space	Other Landscaped Area	Surface Parking Lot Landscaped Area	Total Landscaped Area
MP-R	50 sq. ft./unit	20% of lot area	20% of the parking lot area, including associated drive aisles	No less than 20% of lot area
MP-AC, MP-MU	50 sq. ft./unit	12.5% of lot area
MP-H	—	12.5% of lot area
MP-O1, MP-O2	—	10% of lot area
MP-E1, MPE-2, MP-E3, MP-PH	—	10% of lot area

(Ord. 3218-23 § 1)

§ 19.30.010 Conformance required.

The minimum lot area and lot width of each lot in every zoning district shall conform with the areas and distances specified in the table of required lot area and lot width, unless increased, decreased or modified by special provisions. The minimum floor elevation of every building in any zoning district shall conform with the special provisions set forth herein. Lot areas are expressed in terms of square feet and lot widths in terms of lineal feet unless otherwise specified.

(Prior zoning code § 19.36.010; Ord. 2623-99 § 1)

§ 19.30.020 Required lot area and width.

Lot area and width shall be according to the provisions set forth in Table 19.30.020, except that all lots located within the DSP district shall conform to provisions set forth in Chapter 19.28.

Table 19.30.020
Required Net Lot Area and Width
Zoning District	Lot Area Minimum (Square feet)	Lot Area Per Dwelling Unit (Square Feet)	Lot Width at Minimum Front Yard Setback Corner (Feet)	Lot Width at Minimum Front Yard Setback Interior (Feet)	Lot Width at Minimum Front Yard Setback Cul-de-sac¹ (Feet)
R-0	6,000	6,000	62	57	45
R-1	8,000	8,000	82	76	45
R-1.5	4,200	4,200	45	42	40
R-1.7/PD	2 acres²	2,600²	³	³	³
R-2⁷	8,000	3,600	82	76	60
R-3^{7, 8}	8,000	1,800	82	120	60
R-4^{7, 8}	8,000	1,200	82	120	60
R-5⁸	8,000	950	82	76	60
R-MH	9 Acres	1,500⁴	None	None	None
R-MH	9 Acres	1,800⁵	None	None	None
O⁶	8,000	None	82	76	60
P-F	None	None	None	None	None
C-1	None	None	None	None	None
C-2	None	None	None	None	None
C-3	None	None	None	None	None
C-4	None	None	None	None	None
M-S	22,500	None	100	100	80
M-3	22,500	None	100	100	80

Notes:
1	Also applicable to lots on the exterior side of a street with a centerline radius of four hundred feet or less.
2	Maximum lot area shall not exceed four thousand square feet.
3	As determined by planned development requirements. A minimum site area of 2.0 acres also required.
4	1,500 square feet nonexpandable mobile home.
5	1,800 square feet expandable mobile home.
6	Must be contiguous with similarly zoned land of at least 40,000 square feet (net).
7	Lot area and lot width less than the minimum required may be allowed through approval of a use permit or special development permit provided that overall density is consistent with the zoning district.
8	Number of dwelling units allowed for R-3, R-4 and R-5 is pursuant to Table 19.30.040.

(Prior zoning code § 19.36.020; Ord. 2623-99 § 1; Ord. 2683-01 § 3; Ord. 2810-06 § 4; Ord. 2905-09 § 7)

§ 19.30.030 Average lot area-Reduction.

The minimum lot area in all residential zoning districts, except R-0, R-1.5 and R-1.7 zoning districts, may be reduced to seven thousand six hundred square feet providing the average lot area in each subdivision, subdivision unit or single development equals eight thousand eight hundred square feet. The area of any lot in excess of eight thousand four hun-dred square feet shall be disregarded in computing the average lot area within such subdivision, subdivision unit or single development.

(Prior zoning code § 19.36.030; Ord. 2623-99 § 1)

§ 19.30.040 Dwelling units allowed in multiple-family zoning districts.

Table 19.30.040 (Number of Dwelling Units Allowed R-3, R-4 and R-5 Zoning Districts) shows the number of dwell-ing units allowed per minimum lot area in multiple-family zoning districts. Additional dwelling units may be allowed under Section 19.18.025 (Density bonus).

Table 19.30.040
Number of Dwelling Units Allowed: R-3, R-4 and R-5 Zoning Districts
Number of Units Allowed	Minimum Net Lot Area (square feet) Zoning District:
Number of Units Allowed	R-3	R-4	R-5
1	6500 or less (legally created)	6500 or less (legally created)	6500 or less (legally created)
2	6500	6500	6500
3	7200	7200	7200
4	8000	8000	8000
5	1 unit for each 1800 sq. ft.	9000	9000
6	1 unit for each 1800 sq. ft.	10000	10000
7	1 unit for each 1800 sq. ft.	11000	11000
8	1 unit for each 1800 sq. ft.	12000	12000
9	1 unit for each 1800 sq. ft.	13000	13000
10	1 unit for each 1800 sq. ft.	14000	14000
11	1 unit for each 1800 sq. ft.	15000	15000
12	1 unit for each 1800 sq. ft.	16000	16000
13	1 unit for each 1800 sq. ft.	17000	17000
14	1 unit for each 1800 sq. ft.	18000	18000
15	1 unit for each 1800 sq. ft.	19000	19000
16	1 unit for each 1800 sq. ft.	20000	20000
17	1 unit for each 1800 sq. ft.	21000	21000
18	1 unit for each 1800 sq. ft.	22000	22000
19	1 unit for each 1800 sq. ft.	23000	23000
20	1 unit for each 1800 sq. ft.	24000	24000
21	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
22	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
23	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
24	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
25	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
26	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
27	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
28	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
29	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
30	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.

(Prior zoning code § 19.36.035; Ord. 2976-12 § 1; Ord. 2623-99 § 1)

§ 19.30.050 Multiple buildings on lot-When permitted.

Any lot or parcel of land in one ownership having an area sufficient for more than one commercial, industrial, or mul-tiple family dwelling or building may be so used and building permits may be issued for multiple buildings in every zoning district, except single family zoning districts where only accessory structures are allowed.

(Prior zoning code § 19.36.050; Ord. 2623-99 § 1)

§ 19.30.060 Minimum floor elevations.

The minimum floor elevation for any building in any zoning district, computed on city datum, shall be four and one-half feet. Provided, however, that when the floor elevation of any building is less than nine feet, all waste from sanitary facilities installed at an elevation of less than nine feet shall flow by gravity to an approved sump and then be pumped to a minimum elevation of nine feet for discharge by gravity to the sanitary system.

(Prior zoning code § 19.36.070; Ord. 2623-99 § 1)

§ 19.32.010 Conformance required.

The maximum building height and maximum lot coverage of and on each lot in every zoning district shall conform with the areas, distances and percentage herein specified in the table of building height and lot coverage unless increased, decreased or modified by special provisions applicable thereto. Unless otherwise specified, building heights are ex-pressed in terms of lineal feet and lot coverage in terms of percentage of lot area.

(Prior zoning code § 19.40.010; Ord. 2731-03 § 2; Ord. 2623-99 § 1)

§ 19.32.020 Building height, lot coverage and floor area ratio.

(a)

Maximums. Maximum building height, lot coverage, and floor area ratio are shown in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio), with the following exceptions:

(1)

R-1.5. In the R-1.5 zoning district, walls facing the side yards cannot exceed twelve feet in height within twelve feet of the side property lines. Second-story wall height is limited to twenty-one feet, exclusive of pitched roof structure.

(2)

R-0, R-1, and R-2. In the R-0, R-1, and R-2 zoning districts, dwellings that exceed the maximum floor area ratio or gross floor area must be considered by the planning commission at a public hearing as described in Section 19.80.040 (Procedures and decisions). This requirement does not apply to dual urban opportunity dwelling units that are approved pursuant to Chapter 19.78.

(3)

R-3, R-4 and R-5. In the R-3, R-4 and R-5 zoning districts, a height bonus of up to five feet is allowed when underground parking is included in the development. See Section 19.32.030 (Building heights—Increased—When).

(4)

P-F. In the P-F zoning district, building height and lot coverage cannot exceed the maximums allowed in the most restrictive abutting zoning district. Additional setbacks, as described in Table 19.34.030 (Required Yards), are required for structures that exceed the maximum building height allowed in the most restrictive abutting zoning district.

(5)

C-2 and C-3. In the C-2 and C-3 zoning districts, hotels may exceed seventy-five feet in height if allowed by use permit.

(6)

Special Incentives. Exceptions to maximum building height, lot coverage, and floor area ratio may be al-lowed through Chapter 19.56 (Alternative Energy Systems) and other development incentives adopted by the city coun-cil.

(7)

Other Exceptions. Other exceptions described in this chapter apply.

(b)

Specific Plan, Precise Plan and Other Specialized Areas. If the lot is within a combining district or specialized plan's prescribed area, the standards established for those areas override the maximums shown in Table 19.32.020.

Table 19.32.020
Building Height, Lot Coverage and Floor Area Ratio
Zoning District	Building Stories	Building Height (ft.)	Lot Coverage	Floor Area Ratio (FAR)
R-0	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-1	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-1.5	2	30	40%	50%
R-1.7/PD	2	30	40%	50%
R-2 (single-family dwellings)	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-2 (all uses other than single-family dwellings)	2	30	45% (single-story dwellings) 40% (two-story dwellings)	55%
R-3	3	35	40%	None
R-4	4	55	40%	None
R-5	4	55	40%	None
R-MH	2	30	None	None
O	2	30	40%	None
P-F	N/A	See Section 19.32.020(a)	See Section 19.32.020(a)	N/A
C-1	2	40	35%	None
C-2	8	75	35%	None
C-3	8	75	35%	None
C-4	2	40	35%	None
M-S	8	75	45%	35%
M-S (70% FAR)	8	75	45%	70%
M-S (100% FAR)	8	100	45%	100%
M-3	8	75	45%	35%

(Prior zoning code §§ 19.32.080(e)(3), 19.40.020; Ord. 2623-99 § 1; Ord. 2650-00 § 3; Ord. 2683-01 § 4; Ord. 2690-02 § 1; Ord. 2731-03 § 2; Ord. 2744-04 § 3; Ord. 2810-06 § 5; Ord. 2875-08 § 2; Ord. 2905-09 § 8; Ord. 2908-09 § 2; Ord. 2975-12 § 1; Ord. 2984-09 § 4; Ord. 2988-12 § 16; Ord. 3038-14 § 1; Ord. 3189-22 § 8)

§ 19.32.030 Buildings heights-Increased-When.

(a)

Towers, spires, chimneys, machinery penthouses not exceeding twenty-five percent of the roof area on which the penthouse is located, scenery lofts, cupolas, water tanks, telecommunications facilities, wind turbines and towers, high bay test facilities, and similar architectural and utility structures, including equipment screening, and necessary mechani-cal appurtenances, may exceed the maximum building height in any zoning district by a maximum of twenty-five feet, unless otherwise permitted pursuant to Chapter 19.54 (Wireless Telecommunication Facilities) or Chapter 19.56 (Alter-native Energy Systems). Provided, however, that no such architectural or utility structure, equipment screening, or neces-sary mechanical appurtenance shall be erected, maintained, or located between the face of the main building and any public street, nor in any required side or rear yard.

(b)

Underground Parking. In the R-3, R-4 and R-5 zoning districts, multiple-family dwelling developments with underground parking may exceed the zoning district height limit by an amount equal to the depth of the underground parking, but by no more than five feet total. For example, an apartment complex with underground parking facility of six feet in depth may exceed the zoning district height limit by no more than five feet.

(Prior zoning code § 19.40.030; Ord. 2623-99 § 1; Ord. 2904-09 § 3; Ord. 2988-12 § 8; Ord. 3038-14 § 2)

§ 19.32.040 Building heights-Distance from property line.

(a)

Except as otherwise provided in subsection (b), the height of buildings constructed or erected in any commercial or industrial zoning district within seventy-five feet of the property line of property in a single-family residence zoning district shall not exceed twenty feet in the event existing buildings on the adjacent lot are one story or thirty feet if the existing buildings are two-story or the lot is undeveloped.

(b)

Single-family dwellings and townhomes constructed in any multiple-family residential zoning district adjacent to a single-family residence zoning district shall not exceed thirty feet in height within seventy-five feet of the property line, provided the setback requirements are met.

(Prior zoning code § 19.40.040; Ord. 2810-06 § 6; Ord. 2623-99 § 1)

§ 19.32.050 Public parking zoning districts-Regulations not applicable.

Lot coverage regulations are not applicable within the boundaries of any off-street public parking zoning district here-tofore formed, or which hereafter may be formed, pursuant to the Sunnyvale Municipal Code, as amended, or any statute of the state of California.

(Prior zoning code § 19.40.050; Ord. 2623-99 § 1)

§ 19.32.060 Limitations on paved surfaces in R-0 and R-1 zoning districts-Required front yard.

Not more than fifty percent of the required front yard of any lot within an R-0 or R-1 zoning district shall be paved with asphalt, concrete cement, or any other impervious surface, except as may be required to meet off-street parking and access requirements of this code.

(Prior zoning code § 19.40.060; Ord. 2623-99 § 1)

§ 19.32.070 Floor area ratio (FAR).

(a)

The total floor area ratio of all buildings on a parcel zoned M-S or M-3 and occupied in whole or in part by the following uses shall not exceed thirty-five percent:

(1)

Administrative, professional, medical and research and development offices and uses;

(2)

Financial institutions, such as banks and savings and loan associations, except drive-through facilities;

(3)

Plants and facilities for the assembly, compounding, manufacture, packaging, processing, repairing, or treatment of equipment, materials, merchandise or products, except for products containing explosives or propellants;

(4)

Public utility buildings and service facilities, electric transmission and distribution substations, and public utility service centers;

(5)

Amusement, athletic, cultural and recreational enterprises;

(6)

Businesses selling merchandise or products at retail or services (such as real estate brokerage services);

(7)

Hazardous materials storage facilities not governed by Section 19.22.060 or Chapter 19.82.

(b)

The following are exceptions to the total floor area ratios set forth in subsection (a):

(1)

Hazardous materials storage facilities governed by Section 19.22.060 or Chapter 19.82;

(2)

Buildings permitted by use permits;

(3)

Temporary offices except floor area will be included for such offices in place for more than four years;

(4)

Architectural design features not utilized for occupancy or storage;

(5)

Bicycle Support Facilities. When showers and/or dressing rooms are provided for use by bicycle commut-ers, the floor area occupied by such facilities may result in an increase in total floor area ratio of up to forty percent if approved through the miscellaneous plan permit process. Request for higher percentage substitutions shall be reviewed by the planning commission using the use permit process.

(c)

The floor area ratios for intensification sites are as follows:

(1)

M-S (One Hundred Percent FAR). Parcels within the area as delineated on the zoning map, are allowed a maximum one hundred percent floor area ratio.

(2)

M-S (Seventy Percent FAR). Parcels within the area delineated on the zoning map, are allowed a maximum seventy percent floor area ratio.

(d)

Commercial storage and warehouse uses are limited to fifty percent floor area ratio unless otherwise approved by use permit.

(Prior zoning code §§ 19.32.142, 19.32.145(h), 19.51.035(a)(4); Ord. 2623-99 § 1; Ord. 2655-01 § 2; Ord. 2905-09 § 9; Ord. 2975-12 § 2)

§ 19.32.080 Interpretation and application of floor area ratio in M-S (industrial and service) and M-3 (general industrial) districts.

This section is enacted to supplement and to assist in the interpretation and administration of Table 19.32.020.

(a)

In determining floor area ratio, all uses conducted on a parcel shall be considered whether or not they are con-ducted by the same person and whether or not they are the same kind of use. In addition, a determination of floor area ratio is an aggregate of uses within a building(s) regardless of the area of building(s) such uses occupy.

(b)

In reviewing projects which exceed FAR limitations, the reviewing authority shall consider the relationship of the proposed use to other uses in the building and the potential expansion of such uses. Even if the proposed use occu-pies only a portion of a building(s), the reviewing authority may subject the entire parcel and buildings thereon to condi-tions reasonably related to the proposed use.

(c)

A use permit is required where the addition or expansion of use(s) subject to FAR limitations to an existing building(s) results in an FAR exceeding the maximum allowed.

(Prior zoning code § 19.32.145; Ord. 2623-99 § 1; Ord. 2733-03 § 2)

§ 19.32.090 FAR in ITR (industrial to residential) district.

New construction, expansion or reconstruction of an existing building in an ITR district shall not exceed thirty-five percent except as allowed by use permit.

(Prior zoning code §§ 19.20.356, 19.20.358; Ord. 2623-99 § 1)

§ 19.32.100 FAR in downtown specific plan.

FAR requirements for the downtown specific plan are as permitted in Table 19.28.080.

(Ord. 2623-99 § 1)

§ 19.32.110 City council action where FAR exceeds delineated threshold in M-S and M-3 districts.

The city council shall be the approval authority for any new industrial development in the M-S or M-3 districts pro-posing an FAR in excess of that prescribed by this chapter.

(Ord. 2623-99 § 1; Ord. 2744-04 § 4)

§ 19.34.010 Purpose.

This chapter establishes the minimum front yard, side yard and rear yard building setbacks for all zones.

(Ord. 2623-99 § 1)

§ 19.34.020 Conformance required.

The minimum front yard, side yards, rear yard and distance between buildings of and on each lot in every zoning district shall conform with the distances specified in the table of required yards in this chapter unless increased, de-creased or modified by special provisions. Yard distances, unless otherwise specified, are expressed in terms of lineal feet.

(Prior zoning code § 19.44.010; Ord. 2623-99 § 1)

§ 19.34.030 Required yards.

Yards shall be required as set forth in Table 19.34.030, except that all lots located within the DSP district shall con-form to provisions set forth in Chapter 19.28.

Table 19.34.030 Required Yards
Zoning District	Front Yard Minimum^{1, 2}	Front Yard Average^{1, 2}	Side Yards Total^{1, 3, 4}	Side Yards One Side^{1, 4}	Rear Yard^{1, 6}
R-0	15	20	20% of lot width but not less than 10 ft.⁸	4 ft.	20
R-1.5	20	20	12	4	20
R-1.7	15	20	12	4	20
R-2	15	20	20% of lot width but not less than 10 ft.⁸	4	20
R-1	15	20	20% of lot width but not less than 15 ft.⁸	6	20
R-3	15	20	15	6	20
R-4	20	None	20	9	20
R-5	20	None	20	9	20
R-MH	None	None	None	None	None
O	20	None	15	6	20
P-F	Pursuant to Footnote 6	Pursuant to Footnote 6	Pursuant to Footnote 6	Pursuant to Footnote 6	Pursuant to Footnote 6
C-1⁷	70	None	None	None	None
C-2⁷	70	None	None	None	None
C-3⁷	70	None	None	None	None
C-4⁷	20	None	None	None	None
M-S⁷	25	None	20	None	None
M-3⁷	25	None	20	None	None

Notes:
¹	Refer to Chapter 19.56 for deviations to required setbacks to accommodate installation of solar energy systems.
²	For development or additions on single lots in zoning districts where there is an average requirement, the minimum setback must meet the average figure.
³	Combined total of the two side yards added together.
⁴	Increased setbacks for multiple stories may also be required by Section 19.34.080.
⁵	Residential zoning districts allow a one-story encroachment into the rear setback as provided in 19.48.050.
⁶	The minimum front yard, side yards and rear yard required in this district shall be equal to those required in the most restrictive abutting zoning district. One-half foot shall be added to each yard for each foot that the building exceeds the maximum height allowed in the most restrictive abut-ting district.
⁷	Increased setbacks for commercial or industrial zoned properties may also be required by Section 19.34.070 or 19.34.110.
⁸	When calculating setbacks as a percentage of lot width, the resulting setback shall be rounded to the nearest foot (e.g., 12.4 feet = 12 ft. required and 15.7 ft.= 16 ft. required). Lot width is measured at the front setback per Section 19.12.130(18).

(Prior zoning code §§ 19.32.080(e)(2), 19.44.020, 19.44.020 Table; Ord. 2875 § 3; Ord. 2623-99 § 1; Ord. 2649-00 § 6; Ord. 2683-01 § 5; Ord. 2909-09 § 1)

§ 19.34.040 Front yard-Average and reduction.

(a)

In the R-0, R-1, R-2 and R-3 zoning districts, the average front yard depth of each development of two or more adjoining lots shall not be less than twenty feet, provided that:

(1)

The variation on depth between front yards of adjoining lots shall not be less than three feet;

(2)

The depth of the front yards of not more than two adjoining lots on the same street may be the same;

(3)

The requirement of subsections (1) and (2) above shall not apply to lots on a curvilinear street having a centerline radius of four hundred feet or less, or to cul-de-sac lots; and

(4)

The provisions of this subsection shall not apply to front yards which may be reduced in accordance with subsection (b).

(b)

In the R-0, R-1 and R-1.5 zoning districts, for lots at the corner of streets intersecting at an angle of sixty degrees or more, the minimum front yard on the longer street frontage may be reduced to nine feet. This requirement also applies to duplexes and single-family residences in the R-2 zoning district.

(c)

In the O, C-1, C-2 and C-3 zoning districts, for lots at the corner of streets intersecting at an angle of sixty de-grees or more, the minimum front yard on the longer street frontage may be reduced to fifteen feet, except where said front yard is along El Camino Real.

(d)

In the C-1, C-2 and C-3 zoning districts, the required front yard may be reduced provided that each of the follow-ing conditions is satisfied:

(1)

No structure or portion thereof extends beyond either of the lines drawn from the points of intersection of the seventy-foot front yard line with the side lot lines and making an angle of twenty degrees with the centerline of the abutting right-of-way; and

(2)

The landscaping area in front of the structure or structures is increased by an amount equal to the area occu-pied by that portion of the structure within the front yard otherwise required.

(e)

In any zoning district in which an automobile service station is allowed, the required front yard may be reduced for the purpose of permitting service station pump islands, canopies for such pump islands and support columns for such canopies without a variance for such reduction, provided that each of the following conditions is satisfied:

(1)

The use of the property as an automobile service station has been otherwise approved by the planning commission or city council; and

(2)

In no event shall the pump island, canopy or support be closer than fifteen feet to any public right-of-way or official plan line.

(f)

Within the boundaries of any public parking district, the minimum front yard shall be fifteen feet as measured from the inside edge of the public sidewalk.

(Prior zoning code § 19.44.070; Ord. 3194-22 § 8; Ord. 2623-99 § 1)

§ 19.34.045 Front yard setback requirements for residential developments in specified zoning districts.

In any two-story residential development in an R-0, R-1 or R-2 zoning district, the front yard setback for the second story shall be not less than twenty-five feet.

(Ord. 2650-00 § 4)

§ 19.34.050 Front setback requirements for multistory residential developments.

In any multistory residential development greater than two stories or thirty feet in height, located in an R-4 or R-5 zoning district, the front setback for each story above two stories shall be the amount of any front yard setback required pursuant to this chapter, plus an amount not less than one-half of the height of the front wall of the additional story. In any building not divided by stories, the front setback for any part of the building in excess of thirty feet in height shall be no less than one-half of the height of the front wall elevation above thirty feet above the ground, plus any front yard set-back required pursuant to this chapter.

(Prior zoning code § 19.44.075; Ord. 2623-99 § 1)

§ 19.34.060 Vision triangles.

(a)

Definitions.

"Corner vision triangle"

means a triangular area on corner lots with specific height limitations for structures and vegetation, including fences, buildings and hedges. The triangle is formed by following three steps (see Figure 19.34.060 Vision Triangles for illustration):

(A)

Draw imaginary straight lines that extend the front property lines until they intersect at a single point (Point X);

(B)

Locate two points along each property line that are forty feet from the intersection point (Points A and B); and

(C)

Connect all three points to form a triangle.

"Driveway vision triangle"

means a triangular area next to a driveway, alleyway or multi-use path with specific height limitations for structures and vegetation, including fences, buildings and hedges. The triangle is formed by the following three steps (see Figure 19.34.060 Vision Triangles for illustration):

(A)

Use the point where the inside edge of the sidewalk and the edge of the driveway intersect (Point X);

(B)

Locate two points along the edge of the driveway and sidewalk that are ten feet from the intersection point (Points A and B). If there is no sidewalk, the vision triangle is measured along the property line. If a driveway has been widened without a corresponding widening of the curb approach, the driveway vision triangle is measured from the original driveway edge;

(C)

Connect all three points to form a triangle.

"Extended driveway vision triangle"

means a triangular area measured in a similar manner as a driveway vision triangle but with the following dimensions (see Figure 19.34.060 Vision Triangles for illustration):

(A)

The point along the edge of the sidewalk (Point A) is forty feet from the intersection point (Point X); and

(B)

The point along the edge of the driveway (Point B) is fifteen feet from Point X.

(b)

Applicability.

(1)

Any structure, vegetation or parking space is subject to corner and driveway vision triangle requirements unless specifically stated otherwise in this section.

(2)

New structures, including signs, are subject to extended vision triangle requirements when located on lots with more than 100 parking spaces.

(3)

The following locations are exempt from vision triangle requirements:

(A)

Downtown Specific Plan District. Properties within the DSP Blocks 1, 1a, 2, 3, 7, 18, 21 and 22.

(B)

El Camino Real Specific Plan District. Intersections and driveways controlled with a traffic light or four‐way stop in the El Camino Real Specific Plan.

(C)

Village Center Master Plan. Intersections and driveways controlled with a traffic light or four‐way stop in the Village Center Master Plan area.

(D)

Public Parking District. Properties within the public parking district.

(c)

Parking Spaces. Parking areas are prohibited in all vision triangles.

(d)

Structures and Vegetation in Vision Triangles. Structures and vegetation are limited to three and one-half feet in height within any vision triangle. A structure may include buildings, fences, accessory structures, signs or any other physical object. Vegetation may include plants, shrubs and trees. The following structures and vegetation are exempt from vision triangle requirements:

(1)

Trees with Circumferences Less than Thirty-Eight Inches. A tree of thirty-eight inches in circumference as measured four and one-half feet from the ground may be located within a vision triangle if the lowest tree branches and foliage are at least ten feet from the ground at maturity.

(2)

Building Canopies. A building canopy may project five feet into a vision triangle if the canopy is at least ten feet high as measured from the top of curb closest to the canopy. Ground-mounted support posts are prohibited within any vision triangle.

(3)

Open Fences. "Open fences" as defined in Section 19.48.020 (General fence requirements) may be located in a vision triangle.

(e)

Special Requirements for Safety. The director may require additional setbacks if needed for pedestrian, motorist, or bicyclist safety.

Figure 19.34.060 Vision Triangles

(Prior zoning code § 19.44.040; Ord. 2623-99 § 1; Ord. 2981-12 § 8; Ord. 2992-13 § 7; Ord. 3194-22 § 9; Ord. 3242-25, 7/29/2025)

§ 19.34.070 Front, side and rear yards-Increase in industrial zoning districts-When required.

(a)

The minimum front yard of twenty-five feet in industrial zoning districts shall be increased to thirty-five feet on any industrial lot which fronts on a public street with a right-of-way width of eighty-six feet or more.

(b)

The front yard, side yard or rear yard, as the case may be, of industrially zoned property adjacent to property in any residential zoning district, with the exception of property adjacent to any R-5 zoning district, shall be increased to one hundred feet measured from the property line of the residentially zoned property. The area within such required spe-cial front yard, side yard or rear yard may be used only for landscaping, parking or open area employee recreation.

(Prior zoning code § 19.44.060; Ord. 2623-99 § 1)

§ 19.34.080 Side yards-Increase-Multi-story.

(a)

For new construction or additions to a building in any zoning district where side yards are required, each side yard shall be increased three feet for each additional story above the first story, or for each additional ten feet of height above twenty feet if the structure is not divided by stories.

(b)

Except for single-family or duplex buildings, the additional side yard setback required by this section shall be measured at the ground floor level. For single-family or duplex buildings, the setback shall be measured at the floor level of the additional story or stories.

(Prior zoning code §§ 19.44.027, 19.44.030; Ord. 2623-99 § 1; Ord. 2650-00 § 5)

§ 19.34.090 Side yards-R-1.5 zoning district.

(a)

Where a zero side yard is permitted, the side wall adjacent to the required twelve-foot side yard may extend to a height of twenty-one feet (exclusive of pitched roof of structure). Section 19.34.080 shall not be applied in this instance.

(b)

No dwelling in the R-1.5 zoning district shall be closer than twelve feet from any other dwelling.

(Prior zoning code § 19.44.025; Ord. 2623-99 § 1)

§ 19.34.100 Side yards-Modifications-When allowed.

(a)

In an R-4 zoning district, when a single-family dwelling is constructed on a legally created lot, the required side yards applicable to the R-0 zoning district shall apply. When a two-family dwelling structure is constructed on a legally created lot, the required side yards applicable to the R-2 zoning district shall apply.

(b)

In any residential zoning district where two buildings are located or planned for one lot or parcel, the required minimum and total side yards for each building may be calculated separately, so long as such separate side yards do not cross one another. If the line of the front face of one building extending for the full width of the lot overlaps the line of the near face of the other building, minimum and total side yard requirements shall apply as if the two buildings were one building. The modifications of side yards permitted by this section shall not apply to accessory structures which are regulated by Chapter 19.40.

(Prior zoning code § 19.44.035; Ord. 2907-09 § 6; Ord. 2623-99 § 1)

§ 19.34.110 Side and rear yards-Increase in commercial zoning districts-When required.

In the case of each development in any commercial zoning district which will have a side or rear yard contiguous to property in a residential zoning district, a side yard of fifteen feet and a rear yard of ten feet shall be provided, together with three additional feet at ground level for the second and each additional story above the first story or for each addi-tional ten-foot unit of height above twenty feet, if the structure in such development is not divided by stories.

(Prior zoning code § 19.44.050; Ord. 2623-99 § 1)

§ 19.35.010 Lawrence Station Area Specific Plan district established.

The Lawrence Station Area Plan (LSAP) District with associated zoning districts contained in this chapter is estab-lished as shown on the official precise zoning plan, zoning district map, city of Sunnyvale, on file in the office of the city clerk and incorporated by reference.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.020 Incorporation of Lawrence Station Area Plan, purpose, and findings.

(a)

The zoning districts associated with the Lawrence Station Area Plan (LSAP District) are established to imple-ment the plan, which is incorporated herein by reference. The Lawrence Station Area Plan is a specific plan that serves as a comprehensive, long term planning document for the area, and includes architectural and design guidelines, goals and policies, circulation improvement plans, and an environmental mitigation and monitoring program to be implement-ed through zoning and subdivision regulations, development standards, and public and private improvements.

(b)

The purpose of the LSAP is to encourage high-quality, higher-intensity development adjacent to public transpor-tation corridors as a means of reducing single-occupancy vehicle miles traveled and associated traffic congestion and negative air quality and greenhouse gas impacts; to promote use of alternative means of transportation including public transit, walking and biking, carpooling/ride-sharing; and to create intensity incentives for developers who propose com-munity benefits in line with the goals of the plan.

(c)

The council finds that the LSAP will:

(1)

Protect and promote the public health, safety, peace, comfort and general welfare;

(2)

Establish the procedure for adoption of the orderly physical development of the LSAP District by defining development procedures and requirements to obtain the objectives of the LSAP;

(3)

Promote the city's goals of smart growth and sustainable development;

(4)

Diversify and strengthen the residential and economic opportunities and fiscal health of the city.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.030 LSAP regulations generally.

(a)

The regulations contained in this chapter shall apply in the LSAP district, in conjunction with the policies, guide-lines, and plans contained in the LSAP document and Lawrence Station Sense of Place Plan.

(b)

Whenever this chapter does not provide specific standards and/or procedures for the review, approval and/or administration of development projects within the LSAP district or for appeals concerning approvals or administration of development projects, the standards and procedures contained in this code shall apply.

(c)

The owner or occupant of land or buildings used for any purpose in the LSAP district shall provide the facilities as required by and which conform with the regulations set forth in this chapter; provided however, that buildings and structures lawfully constructed or established prior to the effective date of this chapter which do not comply with the provisions hereof shall be deemed legally nonconforming in accordance with the provisions of Chapter 19.50 (Noncon-forming Buildings and Uses). Uses lawfully established prior to the effective date of the ordinance codified in this chap-ter (January 13, 2017) which are no longer permitted uses shall remain as legal conforming uses with the ability to grow and expand per LSAP Policy LU-P2.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.040 LSAP district zoning designations.

The LSAP District contains a total of nine zoning designations, including eight zoning designations specific to the LSAP summarized below to further refine development requirements within the LSAP area:

(a)

Flexible Mixed-Use I (MXD-I) District. This district is part of the Transit Core, appropriate for uses that are within walking distance of the station. Higher intensities of future development are allowed in this District. The highest priority for the area is mixed-use development including residential, office/research and development (R&D), and retail uses. Uses may be configured as vertical mixed-use, such as with retail under several floors of residential or office or as single-use buildings or parcels.

(b)

Flexible Mixed-Use I, Sonora Court (MXD-I/S) District. This district applies to Sonora Court, a cul-de-sac one block north of the railroad tracks, and just northwest of Lawrence Station. Parcels on Sonora Court are significantly smaller than other MXD-I parcels. Because of the closest proximity to the station and smaller parcel sizes, the highest base maximum residential densities are allowed in this District. The highest priority for the area is mixed-use develop-ment including residential, office/R&D, and retail uses. Uses may be configured as vertical mixed-use, such as with re-tail under several floors of residential or office or as single-use buildings or parcels.

(c)

Flexible Mixed-Use II (MXD-II) District. Required base maximum densities for future residential development in this district are slightly lower than in MXD-I, but maximum allowable office/R&D/industrial intensities are equal to MXD-I. A mix of land uses, including office, R&D, and residential uses, are allowed and encouraged in this land use classification. Retail uses are allowed and encouraged.

(d)

Flexible Mixed-Use III (MXD-III) District. The Flexible Mixed-Use III district applies to the site on the south side of the railroad tracks and north of Aster Avenue. Guidelines were created in the LSAP to respect the scale and char-acter of existing two-and three-story residential uses located south of the railroad tracks. Base maximum densities are lower than MXD-I and MXD-II, and the same as MXD-IV. A mix of land uses, including office and residential uses, are allowed and encouraged in this land use classification. Retail development, as part of mixed-use, is allowed and encour-aged along the Willow Avenue frontage.

(e)

Flexible Mixed-Use IV (MXD-IV) District. The Flexible Mixed-Use IV district applies to properties bounded by Willow Avenue, Reed Avenue, and Lawrence Expressway. A mix of land uses, including residential and local-serving retail uses, are allowed and encouraged in this land use classification. Redevelopment requires provision of a minimum retail floor area ratio (FAR) of twenty-five percent. Uses may be configured as mixed-use, such as with retail under several floors of residential or office or as single-use buildings or parcels.

(f)

Lawrence Station Area Plan Industrial and Service Zoning District (M-S/LSAP). The M-S/LSAP district applies to properties at the southeast corner of Kifer Road and Lawrence Expressway/Lawrence Station Road. This area has a strong retail presence that would remain onsite. Residential uses are prohibited and a minimum retail FAR requirement of twenty-five percent upon redevelopment. Office, R&D, and industrial uses are allowed with required retail.

(g)

Lawrence Station Area Plan Industrial and Service Zoning District Sixty Percent (M-S/LSAP 60%). The M-S/LSAP 60% district applies to the property on the north side of Kifer Road, adjacent to the western boundary of the City of Santa Clara. The allowable FAR with incentives is sixty percent. Existing open space and trees shall be maxim-ized on the property. Only industrial, smaller-scale retail and service, office, and R&D uses are allowed in this district. Residential uses are prohibited.

(h)

Lawrence Station Area Plan Industrial and Service Zoning District One Hundred Twenty Percent (M-S/LSAP 120%). The M-S/LSAP 120% district applies to properties on the south side of Kifer Road near Commercial Street, east of properties on San Lucar Court. The allowable FAR with incentives is one hundred twenty percent. Permitted, condi-tionally permitted, and prohibited uses in this district are the same as those in the M-S/LSAP 60% district.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.050 Permitted, conditionally permitted, and prohibited uses.

(a)

Use Table. Table 19.35.050 sets forth those uses which are permitted, conditionally permitted, or prohibited in each of the LSAP districts.

(1)

Permitted (P). A use shown with "P" in the table is allowed subject to compliance with all applicable provi-sions of this title. If the proposed use includes minor new construction, changes to the exterior of a building or other site modification, a miscellaneous plan permit is required in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit.

(2)

(3)

Special Development Permit (SDP). A use shown with "SDP" requires approval of a special development permit, in accordance with the provisions of Chapter 19.90, Special Development Permit. If there is an existing valid use permit or special development permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another use permit or special development permit.

(4)

Not Permitted. (N). A newly proposed use shown with "N" in the table is prohibited. Per LSAP Policy LU-P2, existing legal uses that are now shown with "N" in the table shall remain as legal conforming uses with the ability to grow and expand.

(5)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if a Special Development Permit is listed in Table 19.35.050 or in Section 19.35.050(c).

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit or special development permit without obtaining the required permit.

(c)

Requirements for Construction. All uses permitted under this section that require no new construction or additions or changes to the exterior of the building may be conducted within existing enclosed buildings. Major changes to the exterior of a building for either approved or permitted uses, new construction, site improvements, or additions to an existing building (other than a single-family home) shall require a special development permit as set forth in Section 19.90.020. Minor changes to the exterior of a building for either approved or permitted uses may be approved by the director of community development through a Miscellaneous Plan Permit (MPP) as set forth in Chapter 19.82.

Table 19.35.050
Permitted, Conditionally Permitted, and Prohibited Uses in LSAP Districts
Use		LSAP Zoning District
Use		MXD-I and MXD-I/S	MXD-II	MXD-III and MXD-IV	R-5	M-S/LSAP	M-S/LSAP 60% and 120%
1.	*Residential*
A.	Single-family dwelling	N	N	N	N	N3	N3
B.	Two-family dwelling	N	N	N	N	N	N
C.	Multi-family dwelling (3 or more units, or more than 1 main building) and accessory buildings and uses	P	P	P	P	N	N
D.	Mobile home park	N	N	N	N	N	N
E.	Single-room occupancy facilities	SDP	SDP	SDP	SDP	N	N
F.	Live/work unit	SDP	SDP	SDP	SDP	N³	N³
G.	Residential care facility, 6 or fewer residents	P	P	P	P	N	N
H.	Emergency shelter	N	N	N	N	SDP	SDP
I.	Accessory dwelling units	See 19.79	See 19.79	See 19.79	See 19.79	N	N
2.	*Child and adult day care*
A.	Commercial child care center	SDP	SDP	SDP	SDP	SDP	N
B.	Business-sponsored child care center	SDP	SDP	SDP	SDP	SDP	SDP
C.	Adult day care center	SDP	SDP	SDP	SDP	SDP	N
3.	*Education, recreation, and places of assembly*
A.	Education–primary middle and high school	N	N	SDP	SDP	N	N
B.	Education–institution of higher learning	SDP	SDP	SDP	N	SDP	SDP
C.	Education–recreation and enrichment	MPP	MPP	MPP	MPP	MPP	N
D.	Recreational and athletic facility	SDP	SDP	SDP	SDP	SDP	SDP
E.	Place of assembly–business serving	SDP	SDP	SDP	SDP	SDP	SDP
F.	Place of assembly–community serving	SDP	SDP	SDP	SDP	SDP	N
4.	*Commercial, retail, and service*
A.	Retail sales (excluding uses listed individually below)	MPP	MPP	MPP	N	P	MPP
B.	Retail sales and retail service, if incidental to other permitted uses	P	P	P	MPP	P	P
C.	Retail sales with drive-through	N	N	N	N	SDP	N
D.	Shopping center	SDP	SDP	SDP	N	P	N
E.	Liquor store	MPP	MPP	MPP	N	MPP	N
F.	Animal hospitals, clinics and boarding	SDP	SDP	SDP	N	SDP	SDP
G.	Personal service	P	P	P	N	P	MPP
H.	Financial institution	P	P	P	N	P	P
I.	Financial institution with drive-through	N	N	N	N	N	N
J.	Hotel	SDP	SDP	SDP	N	SDP	SDP
K.	Automobile service station	N	N	N	N	N	N
L.	Automobile service station with retail sale of groceries at permitted stations	N	N	N	N	MPP	N
M.	Automobile service station with retail sale of beer and wine at permitted stations¹	N	N	N	N	SDP	N
N.	Vehicle sales or rental, retail	N	N	N	N	N	N
O.	Auto broker or vehicle sales, wholesale	N	N	N	N	N	N
P.	Sale or rental of heavy equipment or machinery	N	N	N	N	N	N
Q.	Vehicle service and repair	N	N	N	N	N	N
R.	Car wash	N	N	N	N	N	N
S.	Service commercial	P	P	P	N	P	MPP
T.	Payday lending	N	N	N	N	SDP	N
U.	Card room	N	N	N	N	N	N
V.	Massage establishment²	P	P	P	N	P	P
W.	Adult business	N	N	N	N	N	N
5.	*Restaurants*
A.	Restaurant, with or without beer and wine	MPP	MPP	MPP	N	MPP	N
B.	Restaurant with general liquor	MPP	MPP	MPP	N	MPP	N
C.	Restaurant with drive-through	N	N	N	N	N	N
D.	Restaurant with entertainment	MPP	MPP	SDP	N	MPP	N
E.	Take-out only restaurant	MPP	MPP	MPP	N	MPP	N
F.	Nightclub, bar, or entertainment use	SDP	SDP	SDP	N	SDP	N
6.	*Industrial, manufacturing, and warehousing*
A.	Manufacture, repair, compounding, packaging, assembly, or facilities for equipment, materials or products	MPP	MPP	MPP	N	P	P
B.	Hazardous materials storage as defined in Titles 20 (above ground) and 21 (underground) - Ancillary to permitted use on site	N	N	N	N	MPP	P
C.	Hazardous wastes management facilities which meet the criteria outlined in Section 19.22.070	N	N	N	N	N	MPP
D.	Auto wrecking, junk, salvage, scrap metal or waste material storage yards	N	N	N	N	N	N
E.	Wholesale or commercial storage or warehousing of merchandise or products within a building	SDP	SDP	N	N	MPP	MPP
F.	Self-storage (mini-warehouse)	N	N	N	N	N	N
G.	Incidental and accessory storage, mechanical equipment which meet criteria in Chapter 19.82 (five percent net coverage and screened)	MPP	MPP	MPP	MPP	MPP	MPP
7.	*Office and medical*
A.	Professional or medical office	P	P	P	SDP	P	P
B.	Corporate office or research and development office	P	P	P	SDP	P	P
C.	Medical clinic	MPP	MPP	MPP	SDP	MPP	MPP
D.	Convalescent hospital	SDP	SDP	SDP	SDP	SDP	N
E.	Hospital	SDP	SDP	SDP	N	SDP	N
8.	*Agricultural and resource-related*
A.	Agricultural use	N	N	N	N	N	N
B.	Salt evaporation pond	N	N	N	N	N	N
C.	Neighborhood-serving community gardens and associated accessory structures for growing of fruits, vegetables, and whole grains	SDP	SDP	SDP	SDP	N	N
9.	*Public*
A.	Public use	P	P	P	P	P	P
B.	Public utility buildings and services, electric transportation and distribution substations and public utility service centers	SDP	SDP	N	N	SDP	SDP
10.	*Other*
A.	Commercial marijuana activities and outdoor cultivation	N	N	N	N	N	N
B.	Stand-alone parking structures and surface lots	SDP	SDP	N	N	SDP	SDP
C.	Off-site stadium event parking	N	N	N	N	MPP	MPP
D.	Emergency containers (ARKs) meeting criteria described in Section 19.22.050	MPP	MPP	MPP	N	MPP	MPP
E.	Emergency containers other than ARKs	N	N	N	MPP	MPP	N

Notes:
¹	Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020 (i) and/or (j), as applicable.
²	Subject to provisions of Chapter 9.41.
³	Except caretaker residence ancillary to a permitted use.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2; Ord. 3223-24, 2/6/2024)

§ 19.35.060 LSAP density, floor area ratio (FAR), height, and lot coverage requirements.

(a)

Allowable Residential Density. Allowable dwelling unit per acre (du/ac) densities for residential development are listed in Table 19.35.060 for each LSAP zoning district.

(1)

The base maximum density is the density that is used as the base density for purposes of calculating density bonuses, including the green building bonus, incentive points gained through the LSAP Development Incentives Pro-gram, and State Density Bonus (Government Code 65914). Per LSAP Policy D-P4, all residential projects shall build to at least eighty five percent of the base maximum densities.

(2)

The total available incentive points are in reference to the total du/ac points obtained through voluntary participation in the city's LSAP development incentives program. This point total is added to the base maximum density or density above the base maximum density achieved through participation in the city's green building program. The State Density Bonus (Government Code 65915) for provision of specified affordable housing percentages is applied to the highest density achieved with the green building bonus and/or incentive points.

(3)

City affordable housing requirements in Chapter 19.67 (ownership) and Chapter 19.77 (rental) are based on the total number of units proposed in the project that are obtained by the base maximum density plus the green building bonus and highest density achieved through the LSAP Development Incentives Program, if proposed. Additional units obtained through the State Density Bonus are not counted towards the affordable housing requirement calculation. If no incentives are proposed, the affordable housing requirement is based on the total number of units proposed in the project, as allowed by the zoning district's base maximum density.

(4)

Development in the R-5 district is not eligible for the incentive program, as densities are determined by lot area as specified in SMC 19.30.020.

(b)

Allowable Nonresidential Floor Area Ratio (FAR). Allowable FAR for nonresidential development is listed in Table 19.35.060 for each LSAP zoning district.

(1)

The base maximum FAR is used as the base FAR for office, R&D, and industrial development. The addi-tional FAR awarded for participation in the city's green building program is added to the base maximum FAR. Per LSAP Policy D-P6, a development agreement is required for additional FAR above the base maximum FAR; however, no development agreement is required for FAR above the base maximum for development utilizing only the green build-ing bonus. The additional FAR through a development agreement shall not exceed the maximum FAR (with incentives) specified in applicable zoning districts.

(2)

There is no maximum retail FAR, and standalone retail or mixed-use retail/residential is not subject to a development agreement. Base minimum retail FAR is required upon redevelopment in the MXD-IV and M-S/LSAP zoning districts.

(c)

Growth Monitoring. The LSAP includes monitoring of net new residential units and net new of-fice/R&D/industrial square footage, consistent with the certified LSAP Environmental Impact Report (EIR) to ensure that long-term development does not exceed the carrying capacity of infrastructure systems and the environment. If this development threshold is reached, subsequent development proposals are required to conduct additional environmental analysis per the California Environmental Quality Act (CEQA).

(d)

Allowable Height. Height limits for residential and nonresidential development are listed in Table 19.35.060 for each LSAP zoning district. Height limits are subject to applicable design guidelines described in the LSAP.

(e)

Lot Coverage. Accounting for the minimum site landscaped area in Table 19.35.090, the maximum lot coverage for all LSAP zoning districts is eighty percent.

Table 19.35.060
Allowable Density, FAR, and Height Limits in LSAP Districts
District	Name	Use	Residential Density (du/ac)^1,2		Nonresidential FAR		Maximum Residential and Nonresidential Height (feet)
District	Name	Use	Base Maximum Density	Total Available Incentive Points	Base Maximum (non-retail) or Minimum (retail)	Maximum (with incentives)³	Maximum Residential and Nonresidential Height (feet)
MXD-I	Flexible Mixed-Use I	Residential (du/acre)	45	35	N/A	N/A	100
MXD-I	Flexible Mixed-Use I	Office/R&D/ Industrial (FAR)	N/A	N/A	35%	150%
MXD-I/S	Flexible Mixed-Use I/Sonora Court	Residential	54	26	N/A	N/A	100
MXD-I/S	Flexible Mixed-Use I/Sonora Court	Office/R&D/ Industrial	N/A	N/A	35%	150%
MXD-II	Flexible Mixed-Use II	Residential	36	32	N/A	N/A	100
MXD-II	Flexible Mixed-Use II	Office/R&D/ Industrial	N/A	N/A	35%	150%
MXD-III	Flexible Mixed-Use III	Residential	28	17	N/A	N/A	55
MXD-III	Flexible Mixed-Use III	Office/R&D/ Industrial	N/A	N/A	35%	100%
MXD-IV	Flexible Mixed-Use IV	Residential	28	17	N/A	N/A	55
		Office/R&D/ Industrial	N/A	N/A	35%	50%
		Retail	N/A	N/A	25%	None
R-5	High Density Residential and Office	Residential and certain nonresidential uses per SMC Table 19.55.050	Based on lot area. See SMC Table 19.30.040	N/A	Per Special Development Permit (SDP)	Per SDP	55
M-S/LSAP	LSAP Industrial and Service	Office/R&D/ Industrial	N/A	N/A	35%	150%	85
M-S/LSAP	LSAP Industrial and Service	Retail	N/A	N/A	25%	None
M-S/LSAP 60%	LSAP Industrial and Service 60%	Office/R&D/ Industrial	N/A	N/A	35%	60%	85
M-S/LSAP 120%	LSAP Industrial and Service 120%	Office/R&D/ Industrial	N/A	N/A	35%	120%	85

Notes:
¹	LSAP Policy D-P4 requires new residential development in the LSAP area to build to at least 85 percent of the zoning district's base maximum density.
²	Additional densities may be achieved above the base maximum density or density obtained through the city's green building program and/or LSAP development incentives program by providing affordable housing consistent with the State Density Bonus Law (Government Code 65915). Additional densities above the base maximum density are calculated in the following order: apply the density bonus percentage from the city's green building program, add the incentive points gained through the LSAP development incentives program, then apply the State Density Bonus percentage achieved by the project.
³	LSAP Policy D-P6 and the LSAP development incentives program requires a development agreement for additional office, R&D, and industrial FAR above the base maximum. Development agreements are not required for office, R&D, and industrial projects consistent with the additional FAR allowed through participation in the city's green building program. Development agreements are also not required for standalone retail or mixed-use residential/retail projects.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.070 LSAP setback and parcel size requirements.

Development in the LSAP District shall conform to applicable minimum setbacks provisions set forth in Table 19.35.070. Front yard setback requirements are only applicable by adjacency to listed streets and therefore the allowable setback may vary within each zoning district. Upper floor setbacks are subject to applicable design guidelines described in the LSAP.

Table 19.35.070
Setback and Parcel Size Requirements in LSAP Districts
	MXD-I	MXD-I/S	MXD-II	MXD-III	MXD-IV	R-5	M-S/LSAP	M-S/LSAP 60% and 120%
Parcel Size
Minimum lot size	22,500	22,500	22,500	22,500	22,500	20,000	22,500	22,500
Minimum lot width	200'	200'	200'	200'	100'	135'	100'	100'
Front Yard Setbacks
Kifer Road	15'	N/A	15'	N/A	N/A	N/A	15'	15'
Sonora Court¹	N/A	25'	15'	N/A	N/A	N/A	N/A	N/A
San Zeno Way	15'	15'	N/A	N/A	N/A	N/A	N/A	N/A
Aster Avenue	N/A	N/A	N/A	15'	N/A	N/A	N/A	N/A
Willow Avenue³	N/A	N/A	N/A	10'	10'	15'	N/A	N/A
Reed Avenue	N/A	N/A	N/A	N/A	15'	N/A	N/A	N/A
Loop Road³	10'	10'	N/A	N/A	N/A	N/A	10'	N/A
Internal streets	10'	10'	10'	10'	10'	10'	10'	10'
Primary or secondary shared-use paths	10'	10'	10'	N/A	10'	10'	10'	10'
Calabazas Creek²	25'	N/A	25'	N/A	N/A	N/A	N/A	N/A
Lawrence Station Road	15'	N/A	N/A	N/A	N/A	N/A	15'	N/A
Lawrence Expressway	15'	15'	N/A	N/A	15'	N/A	15'	N/A
Uranium Drive	N/A	N/A	15'	N/A	N/A	N/A	N/A	N/A
Side Yard Setback
Minimum	10'	10'	10'	10'	None	10'	10'	10'
Minimum adjacent to residential uses	20'	10'	20'	20'	None	10'	20'	20'
Rear Yard Setback
Minimum	10'	10'	10'	10'	None	10'	None	10'
Setback Between Main Buildings on the Same Lot
Minimum distance at ground level, regardless of stories	20'	10'	20'	20'	20'	20'	20'	20'

Notes:
¹	Dependent on location of existing redwood trees.
²	Subject to streamside development review criteria pursuant to Chapter 19.81.
³	Per LSAP Guideline SP-UDG3, retail uses may have a primary building façade at the street right-of-way/property line (zero foot setback), with up to a ten foot maximum setback from the property line.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.080 Parking standards.

(a)

Minimum and maximum vehicle parking requirements are listed in Table 19.35.080 for each land use category. Parking locations, types, and criteria for parking reductions will be determined as part of the project review a case-by-case basis.

Table 19.35.080A
Off-Street Vehicle Parking Space Requirements
Land Use Category	LSAP Parking Requirement
Residential	Minimum (per unit)	Maximum (per unit)
Studio and one-bedroom	1	1.5
Two-bedroom	1.25	2
Three + bedrooms	1.7	2
Senior housing	Multiply bedroom requirement by 0.5
Affordable housing (deed restriction)	Multiply bedroom requirement by 0.5
Office, R&D, and Industrial	Minimum (per 1,000 SF)	Maximum (per 1,000 SF)
Office	2.75	4
R&D	2	3.2
Industrial	2	2.5
General Retail and Restaurants	Minimum (per 1,000 SF)	Maximum (per 1,000 SF)
Retail-Freestanding	4	5
Retail-Part of Mixed use	2	4
Restaurants-Freestanding	9	13
Restaurants-Part of Mixed Use	4	7

(b)

Bicycle Parking. Minimum bicycle parking requirements are listed in Table 19.35.080B for each land use cate-gory. Reductions or deviations from LSAP bicycle parking requirements may be determined as part of the project review a case-by-case basis.

Table 19.35.080B
LSAP Bicycle Parking Requirements
Use	Required Number of Bicycle Parking Spaces
Residential	Minimum total 4 Class II spaces for all residential developments
1. General, multi-dwelling	1 Class I per 4 units + 1 Class II per 15 units
2. Low-income housing, multi-dwelling	1 Class I per 3 units + 1 Class II per 15 units
3. Senior housing, multi-dwelling	1 Class I per 20 units + 1 Class II per 15 units
Retail/Commercial	1 Class I per 30 employees + 1 Class II per 6,000 sq. ft.
Office/Industrial/R&D	1 Class I per 75% of 6,000 sq. ft. + 1 Class II per 25% of 6,000 sq. ft.
Mixed-Use	Mixed uses shall provide bicycle parking for the residential and nonresidential uses in the proportions required by this section

Note: The minimum number of Class II bike spaces in any location should be 2 (4-bicycle capacity).

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.090 Landscape and open space standards.

Landscape and open space standards apply whenever landscaping is installed on any unlandscaped lot or in connec-tion with new construction, replacement, or expansion in floor area of any structure in the LSAP area. Refer to Table 19.35.090 for standards specific to LSAP and Chapter 19.37 of the Municipal Code for additional landscaping, irrigation, and open space requirements not covered by this section.

Table 19.35.090
LSAP Landscape and Open Space Standards
	MXD-I, MXD-I/S, MXD-II, MXD-III, MXD-IV, R-5	M-S/ LSAP, M-S/ LSAP 60%, M-S/ LSAP 120%
Usable Open Space-Residential^{1, 2}	50 sf/unit	N/A
Landscaped Area	20%	20%
Surface Parking Lot Landscaped Area	20%	20%
Total Landscaped Area	No less than 20%

Notes:
¹	Usable open space may not be located in any required front yard area for projects with a front yard setback deviation. Otherwise, up to fifty percent of the required front yard area may be counted toward the useable open space requirement.
²	Balconies with a minimum of six feet in any dimension and a total of fifty square feet qualify as usable open space.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.100 Conflicts.

In the event of any conflict between the provisions of this chapter and the provisions of the Sunnyvale Municipal Code, the provisions of this chapter shall prevail. However, with regard to topics that this chapter does not address, the provisions of the Sunnyvale Municipal Code shall prevail.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.36.010 El Camino Real Specific Plan district established.

An El Camino Real Specific Plan (ECRSP) district (with associated zoning districts contained in this chapter) is established as shown on the official precise zoning plan, zoning district map, city of Sunnyvale, on file in the office of the city clerk and incorporated by reference.

(Ord. 3194-22 § 1)

§ 19.36.020 Incorporation of ECRSP, purpose, and findings.

(a)

The zoning districts associated with the ECRSP district are established to implement the ECRSP, which is incorporated herein by reference. The ECRSP is a comprehensive, long-term planning document for the area and includes architectural and design guidelines, site development standards, public facility improvement plans, and an environmental mitigation and monitoring program to be implemented through zoning and subdivision regulations, development standards, and public and private improvements.

(b)

The purpose of the ECRSP is to support and enhance community-serving retail and provide significant new residential options while advancing sustainability and improving transportation safety and mobility choices.

(c)

The council finds that the ECRSP will:

(1)

Protect and promote the public health, safety, peace, comfort, and general welfare;

(2)

Establish the procedure for adoption of the orderly physical development of the ECRSP district by defining development procedures and requirements to obtain the objectives of the ECRSP;

(3)

Promote the city's goals of smart growth and sustainable development;

(4)

Diversify and strengthen the commercial and residential opportunities and fiscal health of the city.

(Ord. 3194-22 § 1)

§ 19.36.030 Applicability.

(a)

The regulations contained in this chapter shall apply in the ECRSP district, in conjunction with the standards, guidelines, and plans contained in the ECRSP document.

(b)

Whenever this chapter or the ECRSP document does not provide specific standards and/or procedures for the review, approval, and/or administration of development projects within the ECRSP district or for appeals concerning approvals or administration of development projects, the provisions of the Sunnyvale Municipal Code shall apply.

(c)

Development projects in the ECR-O and ECR-PF zoning districts shall conform to the applicable standards for the O and PF zoning districts, respectively, set forth in the Sunnyvale Municipal Code, with the following exceptions:

(1)

Permitted uses are as identified in Section 19.36.060.

(2)

Daylight plane standards are as required by Section 19.36.100.

(d)

Development projects in the ECR-R3 and ECR-R4 zoning districts shall conform to the applicable development standards for the R-3 and R-4 zoning districts, respectively, set forth in the Sunnyvale Municipal Code, with the follow-ing exception:

(1)

Daylight plane standards are as required by Section 19.36.100.

(e)

In the event of any conflict between the provisions of this chapter and the provisions of the Sunnyvale Municipal Code, the provisions of this chapter shall prevail.

(f)

The owner or occupant of land or buildings used for any purpose in the ECRSP district shall provide the facilities as required by and which conform with the regulations set forth in this chapter; provided however, that buildings, structures, or uses lawfully constructed or established prior to the effective date of this chapter that do not comply with the provisions hereof shall be deemed legally nonconforming in accordance with the provisions of Chapter 19.50 (Non-conforming Buildings and Uses).

(Ord. 3194-22 § 1)

§ 19.36.040 Definitions.

"Build-to line"

means the portion of a building frontage in a mixed-use development that is built along the frontage zone setback, as measured from the new right-of-way line.

"Daylight plane"

means a height limitation that makes up a portion of the building envelope within which all new structures or additions must be contained. Daylight plane requirements are intended to provide for light and air, and to limit the impacts of bulk and mass on adjacent properties. Daylight plane is represented by an angle that is measured from the property line.

"Development"

means the construction of a new building or buildings or additions or modifications to buildings.

(1)

"Commercial Development, Major" means the construction of a new building or buildings totaling more than ten thousand square feet in area, to be occupied by uses as allowed in Table 19.36.060B. Residential uses are not permitted in commercial development.

(2)

"Commercial Development, Minor" means the construction of a new building or buildings up to but no greater than ten thousand square feet in area, to be occupied by uses as allowed in Table 19.36.060B. Residential uses are not permitted in commercial development.

(3)

"Office Mixed-Use Development" means a development comprised of office uses with commercial uses as allowed in Table 19.36.060B, developed in line with the development standards and requirements in this chapter and the ECRSP. Residential uses are not permitted in office mixed-use development.

(4)

"Residential Mixed-Use Development" means a development comprised of multi-family dwelling units with other uses as allowed in Table 19.36.060B, developed in line with the development standards and requirements in this chapter and the ECRSP.

"Ground floor finish level"

means the uppermost surface of the ground floor of a building once finishes have been applied.

"Stepback"

means a change in the vertical plane of a multi-story building created by setting the upper story building elevation away from the street beyond the maximum building height allowed at the build-to-zone. The stepback area may be used as terraces or balconies if no building element within the stepback is higher than forty-two inches.

"Use"

means the purpose for which land or a building is intended or for which it may be occupied or maintained.

(1)

"Active use" means either the standalone land use, or a component, activity, or space within the same land use, which maintains transparency between the street and the interior of the ground floor, and which provides and encourages foot traffic at the street frontage, as noted in Section 19.36.110.

(Ord. 3194-22 § 1)

§ 19.36.050 Zoning districts.

The ECRSP establishes the following zoning districts:

(a)

El Camino Real – Commercial (ECR-C) District. The ECR-C zoning district is reserved for the construction use and occupancy of commercial-only development and does not permit residential development. Office mixed-use development may be considered in this district.

(b)

El Camino Real – Mixed Use (ECR-MU) District. The ECR-MU zoning district is reserved for the construction use and occupancy of residential mixed-use development in the ECRSP Area, primarily located in the nodes. This zoning district comprises five different density classifications, which permit a range of multi-family residential mixed-use development types, per Section 19.36.070.

(c)

El Camino Real – Office (ECR-O) District. The ECR-O zoning district is reserved for the construction, use, and occupancy of administrative, professional and research offices, and other uses compatible with the administrative-professional character of the district and does not permit residential development.

(d)

El Camino Real – Public Facilities (ECR-PF) District. The ECR-PF zoning district is reserved for the construction, use and occupancy of governmental, public utility and educational buildings and facilities, and other uses compatible with the public character of the district and does not permit residential development.

(e)

El Camino Real – Medium Density Residential (ECR-R3) District. The ECR-R3 zoning district is reserved for the construction, use, and occupancy of not more than twenty-four dwelling units per acre.

(f)

El Camino Real – High Density Residential (ECR-R4) District. The ECR-R4 zoning district is reserved for the construction, use, and occupancy of not more than thirty-six dwelling units per acre.

(Ord. 3194-22 § 1)

§ 19.36.060 Permitted development types and uses.

(a)

Development Types and Use Tables. Tables 19.36.060A and 19.36.060B set forth the development types and uses, respectively, that are permitted, conditionally permitted, and prohibited in the ECR-C, ECR-MU, ECR-O, and ECR-PF zoning districts. Permitted uses in the ECR-R3 and ECR-R4 zoning districts are as identified for the R-3 and R-4 zoning districts, respectively, in Chapter 19.18, Residential Zoning Districts.

(1)

Permitted (P).

(A)

A use shown with "P" in the table is allowed subject to compliance with all applicable provisions of this title.

(B)

If the proposed use includes no new construction, additions, or changes to the exterior of the building, the use is permitted to occur within existing enclosed buildings.

(C)

If the proposed use includes minor new construction, changes to the exterior of a building or other site modifications, a miscellaneous plan permit is required in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit.

(2)

Miscellaneous Plan Permit (MPP).

(A)

A use shown with "MPP" in the table requires the approval of a miscellaneous plan permit, in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit.

(B)

If there is an existing valid miscellaneous plan permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another miscellaneous plan permit.

(3)

Design Review (DR).

(A)

A development type shown with "DR" requires design review approval, in accordance with the provisions of Chapter 19.80, Design Review.

(4)

Special Development Permit (SDP).

(A)

A use or development type shown with "SDP" requires approval of a special development permit, in accordance with the provisions of Chapter 19.90, Special Development Permits.

(B)

If there is an existing valid special development permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another special development permit.

(5)

Not Permitted (N).

(A)

A use or development type shown with "N" in the table is prohibited in that zone district, node, or segment.

(B)

Existing legal uses that are now shown with "N" in the table shall remain as legal nonconforming uses and are subject to provisions in Chapter 19.50, Nonconforming Buildings and Uses.

(6)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if Not Permitted or a Special Development Permit is listed in Tables 19.36.060A and 19.36.060B.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit or special development permit without obtaining the required permit.

Table 19.36.060A
Conditionally Permitted and Prohibited Development Types in ECR-C and ECR-MU Zoning Districts
Development Type	ECR-C	ECR-MU
1. MIXED-USE DEVELOPMENT
A. Residential Mixed-Use Development	N	SDP
B. Office Mixed-Use Development	SDP	N
2. COMMERCIAL DEVELOPMENT
A. Commercial Development, Minor	DR	DR
B. Commercial Development, Major	SDP	SDP

Table 19.36.060B
Permitted, Conditionally Permitted, and Prohibited Uses in ECRSP Districts
USE	ECR-C	ECR-MU^[1]	ECR-O	ECR-PF
1. RETAIL COMMERCIAL
A. Retail sales business	P	P	MPP	N
B. Retail sales business with drive-through	SDP	N	N	N
C. Outside display of merchandise or products in connection with a retail sales business	MPP	MPP	N	N
D. Donation center for used goods^[2]	MPP	MPP	N	N
E. Liquor store	MPP	MPP	N	N
2. SERVICE COMMERCIAL
A. Service commercial	MPP	MPP	MPP	N
B. Retail service	P	MPP	MPP	N
C. Commercial storage	N	N	N	N
D. Open or unenclosed storage ancillary to a permitted use (screened from public view)	P	N	N	N
E. Self-storage "mini warehousing"	N	N	N	N
3. PERSONAL SERVICE
A. Personal service business	P	P	MPP	N
B. Massage establishment^[3]	P	P	P	P
C. Childcare center with occupancy of 30 or fewer children	MPP	MPP	MPP	MPP
D. Childcare center with occupancy of 31 or more children	SDP	SDP	SDP	SDP
4. EATING/DRINKING ESTABLISHMENTS
A. Drive-through restaurant	SDP	N	N	N
B. Take-out only restaurant	P	P	MPP	N
C. Restaurant and fast-food restaurant that may have on sale beer and wine beverage service	MPP	MPP	MPP	N
D. Restaurant and fast-food restaurant that has on sale general alcohol beverage service	SDP	SDP	SDP	N
E. Nightclub or bar	SDP	N	N	N
F. Outdoor dining in conjunction with an approved restaurant use	MPP	MPP	N	N
5. AUTOMOTIVE
A. Automobile service station^[4]	SDP	N	N	N
B. Auto sales or rental	SDP	SDP	N	N
C. Auto broker for 3 or fewer vehicles on site	MPP	N	N	N
D. Sale or rental of utility trailers, heavy equipment, or machinery	N	N	N	N
E. Automobile/vehicle service and repair	SDP	N	N	N
6. EDUCATION, RECREATION, AND PLACES OF ASSEMBLY
A. Education - recreation and enrichment^[5]	MPP	MPP	N	SDP
B. Education - primary, middle, and high school^[5]	N	N	N	SDP
C. Education - institution of higher learning^[5]	SDP	N	SDP	SDP
D. Recreational and athletic facility^[5]	SDP	SDP	N	SDP
E. Place of assembly - business serving^[5]	SDP	SDP	SDP	SDP
F. Place of assembly - community serving^[5]	SDP	SDP	SDP	SDP
G. Cardroom	N	N	N	N
H. Entertainment establishment	SDP	N	N	N
I. Private golf courses	N	N	N	SDP
7. OFFICE
A. Administrative, professional, and research and development offices	SDP^[6]	N	P	SDP
B. Medical office	SDP	SDP	P	N
C. Ground floor dependent office less than 1,000 square feet	P	P	P	N
D. Ground floor dependent office greater than 1,000 square feet	MPP	MPP	P	N
E. Financial institution	P	P	SDP	N
F. Financial institution with drive-through	N	N	N	N
G. Medical clinic	MPP	MPP	MPP	SDP
8. PUBLIC FACILITIES
A. Buildings and facilities used by government agencies for government purposes	N	N	SDP	P
B. Buildings and facilities used by federal, state, or local government agencies (except city of Sunnyvale), for nongovernmental purposes	N	N	SDP	SDP
C. Bus terminal and other public transportation facility	SDP	SDP	N	N
D. Public service buildings and accessory uses	N	N	SDP	SDP
E. Public utility building and service facility	SDP	SDP	SDP	SDP
9. RESIDENTIAL/BOARDING/LODGING
A. Hotel or motel	SDP	SDP	N	N
B. Single- or two-family dwelling	N	N	N	N
C. Multiple-family dwelling and accessory buildings and uses	N	SDP^[7]	N	N
D. Mobile home park	N	N	N	N
E. Single-room occupancy (SRO) living unit facility	N	SDP^[8]	N	N
F. Single-room occupancy (SRO) residential hotel	N	SDP^[8]	N	N
G. Residential care facility, 6 or fewer residents	N	SDP	N	N
H. Emergency shelter	N	N	N	N
10. OTHER
A. Accessory structure	MPP^[9]	MPP^[9]	MPP^[9]	MPP^[9]
B. Adult business establishment	N	N	N	N
C. Animal hospital, clinic, and boarding	SDP	SDP	N	N
D. Any use which is obnoxious, offensive, or creates a nuisance	N	N	N	N
E. Rest home/convalescent hospital	N	SDP^[8]	SDP	SDP
F. Electric distribution substations	N	N	N	SDP
G. Electric transmission substations	N	N	N	SDP
H. Hospitals	N	N	N	SDP
I. Medical marijuana distribution facility	N	N	N	N
J. Payday lending establishment	MPP^[10]	N	N	N
K. Recycling center^[9]	SDP	N	SDP	SDP
L. Salt extraction	N	N	N	SDP
M. Storage or parking of commercial or industrial vehicles	N	N	N	N
N. Storage or parking of public utility vehicles	N	N	N	N
O. Storage of materials, supplies, or equipment for commercial or industrial purposes	N	N	N	N
P. Storage of materials, supplies, or equipment for public utility purposes	N	N	N	N
Q. Storage, warehousing, handling, processing, or assembling merchandise or products	N	N	N	N
R. Stand-alone parking structure and surface lot	N	N	N	N

Notes:
[1]	ECR-MU sites that have not introduced residential uses are subject to the ECR-C use standards.
[2]	Miscellaneous plan permits for donation centers shall be reviewed for compliance with council policy on operations, location and appearance following the procedures in Chapter 19.82 (Miscellaneous Plan Permit).
[3]	Massage establishment uses are subject to the provisions of Chapter 9.41 (Massage Establishments and Professionals).
[4]	Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020(i), as applicable.
[5]	Educational and recreational uses and places of assembly shall not be located in retail centers in a manner that disrupts the flow of pedestrians between retail establishments.
[6]	Only permitted in a mixed-use development with commercial provided.
[7]	Residential-only developments are not permitted. Multiple-family dwelling uses are only permitted in a mixed-use development (as a new residential component over an existing commercial site that already meets development regulations).
[8]	Only permitted in ECR-MU33, 42, and 54.
[9]	Accessory structures are required to comply with setback, height, and lot coverage requirements of underlying zone.
[10]	Payday lending establishment uses are subject to the provisions of Section 19.20.050.

(Ord. 3194-22 § 1; Ord. 3210-23 § 1; Ord. 3223-24, 2/6/2024)

§ 19.36.070 Residential density requirements for mixed-use development in ECR-MU zoning districts.

(a)

Allowable Residential Density. Allowable dwelling unit per acre (du/ac) densities for residential mixed-use development in the ECR-MU zoning districts are represented by the "base maximum density," listed in Table 19.36.070.

Table 19.36.070
Permitted Density in ECR-MU Zoning Districts
Zoning District	Base Maximum Density (du/ac) ^[1] ^[2]	Total ECRSP Community Benefits/ Incentive Program Points Available (du/acre)
ECR-MU24	24	6
ECR-MU28	28	10
ECR-MU33	33	12
ECR-MU42	42	14
ECR-MU54	54	20

Notes:

[1]

New residential development shall build to at least 85 percent of the zoning district's base maximum zoning density.

[2]

Additional densities may be achieved above the base maximum density or density obtained through the city's Green Building Program, the ECRSP Community Benefits/Incentives Program, and by providing affordable housing consistent with State Density Bonus Law. When calculating additional densities above the base maximum density, the following order of operations shall apply: (1) Apply the density bonus percentage achieved through the city's Green Building Program; (2) Add the inventive points gained through the ECRSP Community Benefits/Incentives Program; (3) Apply the State Density Bonus percentage achieved by the project.

(b)

Development in the ECR-R3 and ECR-R4 zoning districts is not eligible for the incentive program. Permitted residential density in the ECR-R3 and ECR-R4 zoning districts are as identified for the R-3 and R-4 zoning districts, respectively, in Chapter 19.18, Residential Zoning Districts, and Chapter 19.30, Lot Area and Width.

(c)

Residential development is not permitted in the ECR-C, ECR-O, and ECR-PF zoning districts.

(d)

City affordable housing requirements in Chapters 19.67 and 19.77 are based on the total number of units proposed in the project that are obtained by the base maximum density plus the green building bonus and highest density achieved through the ECRSP Community Benefits/Incentives Program, if proposed. Additional units obtained through the state density bonus are not counted towards the affordable housing requirement calculation. If no incentives are proposed, the affordable housing requirement is based on the total number of units proposed in the project, as allowed by the zoning district's base maximum density.

(e)

Growth Monitoring. The ECRSP includes monitoring of net new residential units consistent with the certified ECRSP Environmental Impact Report (EIR) to ensure that long-term development does not exceed the carrying capacity of infrastructure systems and the environment. If this development threshold is reached, subsequent development proposals are required to conduct additional environmental analysis per the California Environmental Quality Act (CEQA).

(Ord. 3194-22 § 1)

§ 19.36.080 Minimum lot size requirements for residential mixed-use development.

(a)

Minimum lot size requirements for residential mixed-use developments in the ECR-MU zoning districts are listed in Table 19.36.080.

Table 19.36.080
Minimum Lot Size Requirements for Residential Mixed-Use Development
Node or Segment	Minimum Net Lot Area
Bernardo Gateway Node	0.85 acres
West Segment	N/A [1]
Civic Center Node	1.5 acres
Orchard District Node	0.7 acres
Center Segment	0.5 acres
Three Points Neighborhood Node	0.85 acres
East Segment	0.7 acres

Notes:
[1]	Residential mixed-use developments are not permitted in the West Segment.

(Ord. 3194-22 § 1)

§ 19.36.090 Minimum ground floor commercial area in mixed-use development.

(a)

Each mixed-use development (including both office and residential mixed-use developments) shall be subject to devoting a portion of the ground floor area to a commercial use.

(b)

The minimum ground floor commercial area requirements for mixed-use developments are listed in Table 19.36.90.

Table 19.36.090
Minimum Ground Floor Commercial Area Requirements for Mixed-Use Development
Minimum Net Lot Area	Minimum Required Commercial Area, whichever is greater ^[1] ^[2] ^[3]
≤ 50,000 sq. ft.	7,000 sq. ft.
50,001-100,000 sq. ft.	10,000 sq. ft.	75% of El Camino Real frontage length x 50
100,001-150,000 sq. ft.	20,000 sq. ft.
150,001-200,000 sq. ft.	30,000 sq. ft.
200,001-300,000 sq. ft.	40,000 sq. ft.
300,001-400,000 sq. ft.	50,000 sq. ft.
≥ 400,000 sq. ft.	60,000 sq. ft.

Notes:
[1]	If the floor area values/calculations presented above yield a value that is over 20% of the lot size, a commercial area capped at 20% of the lot size shall also be permitted.
[2]	If a property has no frontage along El Camino Real, a commercial area capped at 10% of the lot size or 75% of major commercial frontage length X 50 if the property is 400 feet or more from El Camino Real shall also be permitted.
[3]	Developments with more than 50% of the total units that are affordable to lower income households have an adjusted minimum commercial requirement, as established by resolution of the city council.

(Ord. 3194-22 § 1; Ord. 3232-24, 10/29/2024)

§ 19.36.100 Development requirements.

(a)

Development requirements for commercial development are listed in Table 19.36.100A.

Table 19.36.100A
Development Requirements for Commercial Development
Standard	Requirement
Maximum Building Height	Node Properties: 75 feet Segment Properties: 55 feet
Maximum Lot Coverage	60%
Minimum Front Yard Setback	15 feet

(b)

Development requirements for mixed-use development are listed in Table 19.36.100B and depicted in Figures 19.36.100A through 19.36.100C, as identified by the numbered/lettered standards that are associated with the table and figures.

Table 19.36.100B
Development Requirements for Mixed-Use Development
Standard	Requirement
Standard	Node	Segment
1. Through/Furniture Zone Width (New Right-of-Way)^[1]	El Camino Real Frontages: 13 feet All Other Frontages: 11 feet
2. Frontage Zone Setback (Build-to Line)^[2]	15 feet
3. Minimum Percentage of Building Frontage at Build-to Line	80%	60%
4. Minimum Side/Rear Yard Setback (From Lot Line Shared with Another ECRSP Area Property)	0 feet
5. Minimum Side/Rear Yard Setback (From Lot Line Shared with a Non-Plan Area Property)	10 feet
A1. Maximum Building Height	75 feet (Subject to Daylight Plane requirements)	55 feet (Subject to Daylight Plane requirements)
A2. Maximum Building Height (if first floor retail space has a minimum 25-foot ground floor plate height)	85 feet (Subject to Daylight Plane requirements)	65 feet (Subject to Daylight Plane requirements)
B1. Stepback	Applied to 5th story and above	Applied to 4th story and above
B2. Stepback (if first floor retail space has a minimum 25-foot ground floor plate height)	Applied to top 2 stories	Applied to top 1 story
C. Minimum Stepback from Build-to Line	10 feet from face of building, for at least 60 percent of the building frontage length	5 feet from face of building, for at least 60 percent of the building frontage length
D. Minimum Ground Floor Active Use Area^[3] ^[4]	Multiply length (linear feet) of ground floor building frontage at build-to line x 20 feet
E. Maximum Ground Floor Finish Level Above Sidewalk	6 inches (Commercial) 3 feet (Residential)
F1. Minimum Ground Floor Plate Height (Commercial)	18 feet	16 feet
F2. Minimum Ground Floor Plate Height (Residential)	10 feet
G1. Minimum Daylight Plane Angle (From Lot Line Shared with a Non-Plan Area Property)^[5]	45 degrees
G2. Minimum Daylight Plan Angle (From Lot Line Shared with a Non-Plan Area Property in a Non-Residential Zoning District)^[5]	60 degrees

Notes:
[1]	The new right-of-way is measured from the face of curb. See Chapter 6 of the El Camino Real Specific Plan for the pedestrian realm cross-section details.
[2]	The frontage zone setback/build-to line is measured from the new right-of-way line. For property frontages along El Camino Real, the front setback area shall allow for a pedestrian realm as identified in ECRSP Chapter 6.
[3]	Subject to requirements outlined in Section 19.36.110.
[4]	Developments with more than 50% of the total units that are affordable to lower income households have an adjusted minimum commercial requirement and active use area, as established by resolution of the city council.
[5]	Daylight plane is a component of the allowable building envelope, which is measured from the point at grade along any side or rear yard lot line shared with a non-Plan Area property. The daylight plane requirement applies to all new development in the ECR-C, ECR-MU, ECR-O, ECR-PF, ECR-R3, and ECR-R4 zoning districts, including residential-only or commercial-only developments, on parcels identified in ECRSP Chapter 4.

Figure 19.36.100A

Node Mixed-Use Building Form

Figure 19.36.100B

Mixed-Use Building Form (Bird's Eye View)

Figure 19.36.100C

Segment Mixed-Use Building Form

(Ord. 3194-22 § 1; Ord. 3232-24, 10/29/2024)

§ 19.36.110 Ground floor active use requirements for mixed-use developments.

(a)

In all mixed-use developments, a portion of the ground floor area along the building frontage shall be set aside for "active uses," as defined in Section 19.36.040 and in line with the requirements outlined below.

(b)

The minimum required ground floor active use area is as required in Table 19.36.100B (Development Requirements for Mixed-Use Development).

(c)

Table 19.36.110 lists the permitted uses that are considered "active uses." Active use areas may include such activities as: retail sales; dining area; open kitchen area visible to patrons; lobby/waiting area; hair/nail salon in an open floor plan; public gym or group exercise area; or childcare classrooms. Active use areas shall not include such activities as: private office/patient room; laboratory; area where procedures occur; office (desk/cubicle) area; other classrooms; assembly space; service entries; delivery drop-off/pick-up area; and trash enclosure areas.

Table 19.36.110
Ground Floor Active Uses
RETAIL COMMERCIAL
Retail sales business
Liquor store
EATING/DRINKING ESTABLISHMENTS
Take-out only restaurant
Restaurant and fast-food restaurant that may have on sale beer and wine alcohol beverage service
Restaurant and fast-food restaurant that has on sale general alcohol beverage service
PERSONAL SERVICE
Personal service business
Childcare center with occupancy of 30 or fewer children
Childcare center with occupancy of 31 or more children
EDUCATION, RECREATION, AND PLACES OF ASSEMBLY
Education - recreation and enrichment
Recreational and athletic facility
Place of assembly - business serving
Place of assembly - community serving
OFFICE
Ground floor dependent office less than 1,000 square feet
Ground floor dependent office greater than 1,000 square feet
Financial institution
Medical clinic
Medical office
OTHER
Animal hospital, clinic, and boarding

(d)

Uses not enumerated in Table 19.36.110 may be considered by the director of community development, whose decision shall be final.

(Ord. 3194-22 § 1)

§ 19.36.120 Parking standards for uses in ECR-C and ECR-MU zoning districts.

(a)

Vehicle Parking Standards. Vehicle parking requirements in the ECRSP zoning districts are as required in Chapter 19.46, Parking, except for residential uses as listed in Table 19.36.120A.

(b)

Other Provisions. Refer to Chapter 19.46 for definitions, parking space dimensions and lot design, adjustments to parking requirements, parking management plans and tools, and parking ratios for any uses not listed.

Table 19.36.120A
ECRSP Residential Off-Street Vehicle Parking Space Requirements
Use	Node		Segment
Use	Minimum	Maximum	Minimum	Maximum
RESIDENTIAL (Multiple-Family Dwelling)
Studio and one-bedroom	1	1.5	1	1.5
Two-bedroom	1.25	2	1.5	2.25
Three + bedrooms	1.7	2	2	2.25
Parking requirements for special housing developments are located in Table 19.46.080

(c)

Calculating Required Parking. When calculating required parking, any portion of a parking space shall be rounded up to the next whole number.

(d)

Parking Management Plan. New developments require a parking management plan in accordance with Section 19.46.160.

(e)

Parking locations, types, and criteria for parking reductions will be determined as part of the project review on a case-by-case basis in accordance with the ECRSP plan and implementing regulations.

(f)

Shared Parking. Shared parking may be allowed for differing uses on the same property and is encouraged for trip reduction programs such as car sharing and other transportation demand management programs. In accordance with Chapter 19.46, a parking analysis must be provided with the planning application submittal and will be evaluated prior to issuance of a permit. A shared parking agreement or a parking management plan shall also be required.

(g)

Loading Spaces. Loading spaces shall conform with the provisions of Chapter 19.46.

(h)

Transportation Demand Management. New office development projects must achieve a daily trip reduction of twenty percent and a peak hour trip reduction of twenty-five percent.

(i)

Bicycle Parking.

(1)

New developments within the Specific Plan Area shall provide two types of bicycle parking as outlined below:

(A)

Short-term bicycle parking (Class II) is designed to provide secure storage for up to two hours. Bicycle racks or corrals, which allow the frame and at least one wheel to be locked to the rack, shall be used. Short-term bicycle parking is most appropriate for serving visitors to retail establishments, libraries, office buildings, and residential build-ings.

(B)

Long-term bicycle parking (Class I) provides secure storage for more than two hours. Long-term bicycle parking protects the entire bicycle from theft, vandalism, and the weather. Examples of this type of facility include lockers, check-in facilities, monitored parking, restricted access parking, and personal storage. Long-term bicycle park-ing is most appropriate for residential buildings and places of employment where bicycles will be left all day and potentially overnight.

(2)

Residential uses shall provide bicycle parking per requirements in Table 19.36.120B.

(3)

Bicycle parking requirements shall comply with the Santa Clara Valley Transportation Authority (VTA) Guidelines, with the exception of bicycle parking ratios.

Table 19.36.120B
Minimum Unassigned Bicycle Parking Ratio Requirements
Land Use	Class I	Class II
Residential
General/low-income housing/senior housing) [1]	2 spaces per 3 units	1 space per 15 units
Non-Residential
Commercial/Retail	1 space per 10,000 sq. ft.	1 space per 4,000 sq. ft.
Hotel	1 space per 15 rooms	1 space per 20 rooms
Restaurant (free-standing, no bar or entertainment)	1 space per 3,000 sq. ft.	1 space per 800 sq. ft.
Office	1 space per 4,000 sq. ft.	1 space per 10,000 sq. ft.

Notes:
[1]	Minimum of 4 unassigned Class I bicycle parking spaces shall be provided for each residential development.

(Ord. 3194-22 § 1)

§ 19.36.130 Landscape and open space standards in ECR-C and ECR-MU zoning districts.

Landscape and open space standards apply in connection with new construction, replacement, or expansion in floor area of any structure in the ECRSP area. Refer to Table 19.36.130 for standards specific to ECRSP and Chapter 19.37 of the Municipal Code for additional landscaping, irrigation, and open space requirements not covered by this section. Landscape and open space requirements for the ECR-O, ECR-PF, ECR-R3, and ECR-R4 zoning districts are as required for the O, PF, R-3, and R-4 zoning districts, respectively, in Chapter 19.37.

Table 19.36.130
ECRSP Landscape and Open Space Standards
Zoning District	Usable Open Space	Other Landscaped Area	Surface Parking Lot Landscaped Area	Total Landscaped Area
ECR-C	N/A	12.5% of floor area	20% of the parking lot area, including associated drive aisles	Total minimum landscaped area is the combination of the minimum parking lot landscaped area and other landscaped area. In no case shall this total be less than 20% of the lot area.
ECR-MU54 ECR-MU42	150 sq. ft. /unit	20% of lot area
ECR-MU33 ECR-MU28 ECR-MU24	200 sq. ft. /unit	20% of lot area

(Ord. 3194-22 § 1)

§ 19.36.140 Deviations.

(a)

Deviations from the following standards and regulations may be permitted by the approving authority for uses and development required to obtain a Special Development Permit or Design Review approval. If an applicant for a Design Review seeks a deviation from these standards, the applicant must apply for a Special Development Permit. No deviation may be granted through the Design Review permit. In reviewing and considering a proposed development through the Special Development Permit process, the decision-making body may allow deviations from the standards for:

(1)

Lot Area. Only for individual ownership of lots within a larger development that meets minimum lot area.

(2)

Minimum Percentage of Building Frontage at Build-to Line. Only if area is for active uses or is needed to preserve a significant sized tree.

(3)

Landscaping/Open Space. The maximum allowable deviation is twenty percent of any dimensional requirement. No deviation shall be granted for total landscaping or open space.

(4)

Distance Between Main Buildings

(b)

Any deviation not specifically listed shall require a variance.

(Ord. 3194-22 § 1)

Sunnyvale City Zoning Code

ARTICLE 3

ZONING DISTRICTS, USES AND RELATED DEVELOPMENT REGULATIONS

§ 19.16.010 Precise zoning plans-Adoption.

(Prior zoning code § 19.16.010; Ord. 2623-99 § 1)

§ 19.16.020 Zoning districts-Creation.

In order to carry out the purposes and provisions of this title, the city of Sunnyvale and the Sunnyvale planning area are divided into zoning districts designated as follows:

Symbol	Zoning District
R-0	Low Density Residential Zoning District
R-1	Low Density Residential Zoning District
R-1.5	Low Medium Density Residential Zoning District
R-1.7/PD	Low Medium Density Residential Zoning District
R-2	Low Medium Density Residential Zoning District
R-3	Medium Density Residential Zoning District
R-4	High Density Residential Zoning District
R-5	High Density Residential and Office Zoning District
R-MH	Residential-Mobile Home Zoning District
O	Administrative-Professional Office Zoning District
P-F	Public Facilities Zoning District
DSP	Downtown Specific Plan District
C-1	Neighborhood Business Zoning District
C-2	Highway Business Zoning District
C-3	Regional Business Zoning District
C-4	Service Commercial Zoning District
M-S	Industrial and Service Zoning District
M-3	General Industrial Zoning District
MP-AC	Activity Center
MP-R	Residential
MP-MU	Mixed Use
MP-O1	Office 1
MP-O2	Office 2
MP-E1	Mixed Employment 1
MP-E2	Mixed Employment 2
MP-E3	Mixed Employment 3
MP-H	Hospitality
MP-PF	Public Facilities
ECD	Ecological Combining District
LSP	Lakeside Specific Plan District
PPSP	Peery Park Specific Plan District
LSAP	Lawrence Station Area Specific Plan District
MDX-I	Flexible Mixed Use I Zoning District
MDX-II	Flexible Mixed Use II Zoning District
MDX-III	Flexible Mixed Use III Zoning District
M-S/LSAP	Lawrence Station Area Plan Industrial and Service Zoning District
MS/LSAP 60%	Lawrence Station Area Plan Industrial and Service Zoning District Sixty Percent
MS/LSAP 120%	Lawrence Station Area Plan Industrial and Service Zoning District One Hundred Twenty Percent
ECR-C	El Camino Real – Commercial
ECR-MU	El Camino Real – Residential Mixed Use
ECR-O	El Camino Real – Office
ECR-PF	El Camino Real – Public Facilities
ECR-R3	El Camino Real – Medium Density Residential
ECR-R4	El Camino Real – High Density Residential
VCC	Village Center Commercial
VCMU	Village Center Mixed Use
VCO	Village Center Office

§ 19.16.025 Split-zone parcels and applicable zoning regulations.

(Ord. 3123-17 § 1)

§ 19.16.030 Zoning districts-Boundaries.

The boundaries of zoning districts are shown upon the zoning districts maps which are made a part hereof and incorporated herein by reference under the titles of:

(1)

Precise zoning plan, zoning districts map, city of Sunnyvale; and

(Prior zoning code § 19.16.030; Ord. 2623-99 § 1)

§ 19.16.040 Zoning districts-Compliance with regulations.

(Prior zoning code § 19.16.040; Ord. 2623-99 § 1)

§ 19.16.050 Zoning districts map.

The designations, locations, and boundaries of the several zoning districts within the city of Sunnyvale and Sunnyvale planning area established herein are shown upon a certain map entitled:

PRECISE ZONING PLAN

ZONING DISTRICTS MAP

CITY OF SUNNYVALE

on file in the office of the city clerk, which together with all amendments thereto, notations, references, and other information thereon, are hereby incorporated into and made a part of this title.

(Prior zoning code § 19.16.060; Ord. 2623-99 § 1; Ord. 2788-05 § 3; Ord. 3181-21 § 6)

§ 19.16.060 Precise zoning map-Sunnyvale planning area.

PRECISE ZONING PLAN

ZONING DISTRICTS MAP

CITY OF SUNNYVALE

(Prior zoning code § 19.16.080; Ord. 2623-99 § 1)

§ 19.18.010 Purpose.

(Ord. 2623-99 § 1)

§ 19.18.020 Residential zoning districts.

(a)

The R-0 and R-1 low-density residential zoning districts are zoning districts reserved for the construction, use and occupancy of not more than seven dwelling units per acre.

(b)

The R-1.5 low medium density residential zoning district is reserved for the construction, use and occupancy of not more than ten dwelling units per acre.

(c)

(d)

The R-2 low medium density residential zoning district is reserved for the construction, use and occupancy of not more than twelve dwelling units per acre.

(e)

The R-3 medium density residential zoning district is reserved for the construction, use and occupancy of not more than twenty-four dwelling units per acre.

(f)

The R-4 high density residential zoning district is reserved for the construction, use and occupancy of not more than thirty-six dwelling units per acre.

(g)

(h)

(Prior zoning code §§ 19.32.010(a), 19.32.015(a), 19.32.017(a), 19.32.020(a), 19.32.030(a), 19.32.040(a), 19.32.050(a), 19.32.060(a); Ord. 2623-99 § 1; Ord. 2976-12 § 10)

§ 19.18.025 Density bonus.

(Ord. 2976-12 § 11; Ord. 3176-21 § 1)

§ 19.18.030 Permitted, conditionally permitted and prohibited uses in residential zoning districts.

(a)

Use Table. Table 19.18.030 sets forth those uses which are permitted, conditionally permitted, and prohibited in residential zoning districts, and the type of approval a use requires.

Prohibited (N). A use shown with "N" in the table is prohibited.

(5)

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

Table 19.18.030
Permitted, Conditionally Permitted and Prohibited Uses in Residential Zoning Districts
In the table, the letters and symbols are defined as follows:
P	=	Permitted use
MPP	=	Miscellaneous Plan Permit required
UP	=	Use Permit required
SDP	=	Special Development Permit required
N	=	Not permitted, prohibited

RESIDENTIAL ZONING DISTRICTS		R-0/R-1	R-1.5	R-1.7/PD	R-2	R-3	R-4	R-5	R-MH
1.	Residential
A.	Single-family dwellings	P	P	SDP	P	UP	UP	UP	P1
B.	Single room occupancy (SRO) facilities	N	N	N	N	N	UP	UP	N
C.	Two-family dwelling (duplex)	N	UP	SDP	P	P	P	UP	P1
D.	Dual Urban Opportunity Housing	MPP	MPP	MPP	MPP	N	N	N	N
E.	Multiple-family dwellings (3 to 50 units)	N	N	N	P	P	P	P	P
F.	Multiple-family dwellings (over 50 units)	N	N	N	UP	UP	UP	UP	UP
G.	Boarding for less than 3 persons	P	P	P	P	P	P	P	P
H.	Facilities caring for 6 or fewer persons, as declared by state to be residential use	P	P	SDP	P	UP	UP	UP	P
I.	Residential mobilehome park site	N	N	N	N	N	N	N	P
2.	Agricultural Uses
A.	Agricultural homes, buildings and uses	UP	UP	SDP	UP	UP	UP	UP	UP
3.	Education, Recreation and Places of Assembly
A.	Education – Recreation and Enrichment	N	N	N	N	N	N	N	N
B.	Education – Primary and High School	UP	UP	SDP	UP	UP	UP	UP	UP
C.	Education – Institution of Higher Learning	N	N	N	N	N	N	N	N
D.	Recreational and Athletic Facilities	N	N	N	N	N	N	N	N
E.	Places of Assembly – Business Serving	N	N	N	N	N	N	N	N
F.	Places of Assembly – Community Serving	UP	UP	SDP	UP	UP	UP	UP	UP
G.	Private Parks, Playgrounds and Recreation (not open to general public)	UP	UP	SDP	UP	UP	UP	UP	UP
H.	Public Parks and Playgrounds	P	P	P	P	P	P	P	P
I.	Safe Parking Site	See Chapter 19.66
4.	Commercial Uses
A.	Child care/adult day care center/nursery schools	UP	UP	SDP	UP	UP	UP	UP	P2
B.	Cardrooms	N	N	N	N	N	N	N	N
C.	Hotels or motels	N	N	N	N	N	N	UP	N
D.	Rest homes	UP	UP	N	UP	UP	UP	UP	N
5.	Accessory Uses
A.	Accessory dwelling units	See Ch. 19.79	See Ch. 19.79	See Ch. 19.79	See Ch. 19.79³	See Ch. 19.79	See Ch. 19.79	See Ch. 19.79	N
B.	Accessory structures	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40	MPP⁵	MPP⁵	MPP⁵	MPP⁵
C.	Retail, if incidental to other permitted uses and combined with residential use	N	N	N	N	UP	UP	UP	UP
D.	Storage or parking of commercial, industrial or public utility vehicles	N	N	N	N	N	N	N	N
6.	Temporary Uses
A.	Residential sales office for new on-site housing development	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP
B.	Construction yard	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP²
7.	Other Uses
A.	Administrative, professional and medical offices, and medical clinics	UP	UP	UP	UP	UP	UP	UP	N
B.	Adult business establishments	N	N	N	N	N	N	N	N
C.	Electric distribution substations	UP	UP	SDP	UP	UP	UP	UP	UP
D.	Electric transmission substations	N	N	N	N	N	N	N	N
E.	Massage establishment office or clinic	N	N	N	N	N	N	N	N
F.	Public service buildings and accessory uses	UP	UP	SDP	UP	UP	UP	UP	UP
G.	Public utility buildings and service facilities	UP	UP	SDP	UP	UP	UP	UP	UP
H.	Recycling centers	N	N	N	N	N	N	UP	N
I.	Storage of materials, supplies or equipment used for nonresidential purposes	N	N	N	N	N	N	N	N
J.	Storage of materials or equipment between the face of the main building and a street unless fully screened from view⁴	N	N	N	N	N	N	N	N
K.	Any use which is obnoxious, offensive or creates a nuisance	N	N	N	N	N	N	N	N
L.	Automobile/ vehicle repair⁶	N	N	N	N	N	N	N	N
M.	Manufacture of biodiesel fuel	N	N	N	N	N	N	N	N
N.	Payday lending establishment	N	N	N	N	N	N	N	N

Notes:
¹	For use by owner and/or operator only.
²	For use by mobile home park occupants only.
³	Only as allowed by Chapter 19.79 in conjunction with an existing or proposed single-family dwelling or an existing multi-family dwelling structure.
⁴	Does not apply to vehicles which are currently licensed and operable. Screening must meet requirements of Chapter 19.46.
⁵	Required to comply with setback, height, and lot coverage requirements of underlying zone.
⁶	Automobile/vehicle repair may only be allowed pursuant to Section 19.18.050.

§ 19.18.040 Use permit required for multiple ownership.

(Prior zoning code § 19.32.018; Ord. 2623-99 § 1; Ord. 2966-11 § 7)

§ 19.18.050 Automobile/vehicle service and repair in residential zoning districts.

(a)

Automobile/vehicle service and repair in residential areas may be allowed only if the following conditions are met:

(1)

The automobile/vehicle service and repair is being conducted during daytime hours (seven a.m. to ten p.m.);

(2)

All automobiles/vehicles must be registered to a bona fide resident of the property or immediate family members (parents, children or siblings of someone living in the home);

(3)

No more than two vehicles may be serviced or repaired at the same time; and

(4)

All major service and repair must be conducted within an enclosed structure.

(b)

Vehicle painting, except for minor touch-ups, is prohibited at all times.

(c)

(d)

Automobile/vehicle repair as a commercial use is prohibited at all times.

(Ord. 2831-07 § 3; Ord. 2888-09 § 1)

§ 19.20.010 Purpose.

(Ord. 2623-99 § 1)

§ 19.20.020 Commercial zoning districts.

(Prior zoning code §§ 19.32.100(a), 19.32.110(a), 19.32.120(a), 19.32.125(a); Ord. 2623-99 § 1)

§ 19.20.030 Permitted, conditionally permitted and prohibited uses in commercial zones.

(a)

Table 19.20.030 sets forth those uses which are permitted, conditionally permitted, and prohibited in commercial zoning districts, and the type of permit a use requires.

(b)

It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c)

Unless otherwise authorized by a permit, all permitted or conditionally permitted uses in a commercial zoning district shall be conducted entirely within an enclosed building.

Table 19.20.030
Permitted, Conditionally Permitted and Prohibited Uses in Commercial Zoning Districts
In the table, the letters and symbols are defined as follows:
P	=	Permitted use
UP	=	Use Permit required
MPP	=	Miscellaneous Plan Permit required
N	=	Not permitted, prohibited

COMMERCIAL ZONING DISTRICTS		C-1	C-2	C-3	C-4
1.	Retail Commercial
A.	Bakeries	P¹	P¹	P¹	P¹
B.	Drive-through retail sales businesses, except restaurants	UP	UP	UP	N
C.	Retail sales businesses	P¹	P¹	P¹	N
D.	Outside display of merchandise or products in connection with a retail sales business	MPP	MPP	MPP	N
E.	Donation centers for used goods²	MPP	MPP	MPP	MPP
F.	Retail liquor stores within 200 feet of public schools	N	P	P	P
G.	Retail liquor stores outside 200 feet of public schools	P	P	P	P
2.	Service Commercial
A.	Bulk sale of building and construction materials, feed, fertilizers, soil conditioners and fuel (except motor vehicle fuel)	N	N	N	UP
B.	Commercial storage	N	N	N	MPP¹
C.	Crafts shops such as cabinetmakers, upholsterers, taxidermists, etc.	N	N	N	MPP
D.	Custom fabricators	N	N	N	MPP
E.	Livestock or poultry housing or sales	N	N	N	N
F.	Open or unenclosed storage ancillary to a permitted use (screened from public view)	P	P	P	P
G.	Outdoor storage of materials or supplies ancillary to a permitted use, not screened from public right-of-way	N	N	N	MPP¹
H.	Printers, copiers, and engravers using chemical processes	N	N	N	MPP¹
I.	Repair shops for household appliances and apparel	P¹	P¹	P¹	P¹
J.	Retail service uses such as copiers, locksmiths, and engravers not using chemical processes	P¹	P¹	P¹	P¹
K.	Self storage "mini warehousing"	N	UP	UP	MPP¹
L.	Trailer, automobile, boat, motorcycle and truck services and repairs	N	UP	UP	MPP¹
3.	Personal Service
A.	Child care centers with occupancy of 30 or fewer children	MPP	MPP	MPP	MPP
B.	Child care centers with occupancy of 31 or more children	UP	UP	UP	UP
C.	Laundry, cleaning business, self-operated laundries, and dry cleaners	UP	UP	UP	MPP¹
D.	Personal service businesses not otherwise specified	P¹	P¹	P¹	UP
4.	Eating/Drinking Establishments
A.	Drive-through restaurants	UP	UP	N	N
B.	Nightclubs and cocktail lounges, where alcoholic beverages are sold and consumed	UP	UP	P	N
C.	Restaurants and fast food restaurants that may have on sale beer and wine alcohol beverage service	MPP	MPP	MPP	MPP
D.	Restaurants and fast food restaurants that have on sale general alcoholic beverage service	UP	UP	UP	UP
5.	Automotive
A.	Automotive service stations:	UP	UP	UP	UP
1.	Retail sales of groceries at permitted stations⁷	MPP	MPP	MPP	MPP
2.	Retail sale of beer and wine at permitted stations⁷	UP	UP	UP	UP
B.	Car wash facilities	N	UP	UP	UP
C.	Automobile/Vehicle repair	N	UP	UP	UP
D.	Automotive broker for 3 or fewer vehicles on site	N	MPP¹	MPP¹	MPP¹
E.	New or used vehicle sales	N	UP	UP	N
6.	Education, Recreation, and Places of Assembly
A.	Education—Recreation and enrichment	MPP⁵	MPP⁵	MPP⁵	N
B.	Education—Primary and high school	UP⁵	UP⁵	UP⁵	N
C.	Education—Institution of higher learning	UP⁵	UP⁵	UP⁵	N
D.	Recreational and athletic facilities	UP⁵	UP⁵	UP⁵	N
E.	Places of assembly—Business serving	UP⁵	UP⁵	UP⁵	UP
F.	Places of assembly—Community serving	UP⁵	UP⁵	UP⁵	N
G.	Cardrooms	N	N	N	N
H.	Entertainment establishments	UP	UP	UP	N
I.	Safe parking site	See Chapter 19.66
7.	Office
A.	Ground floor dependent office less than 1,000 square feet	P	P	P	MPP
B.	Ground floor dependent office greater than 1,000 square feet	MPP	MPP	MPP	UP
C.	Office not located on the ground floor	P	P	P	P
D.	Financial institutions	MPP	MPP	MPP	UP
E.	Research and development office	N	N	N	N
F.	Medical clinics	MPP	MPP	MPP	UP
8.	Public Facilities
A.	Bus terminals and other public transportation facilities	UP	UP	UP	UP
B.	Public utility buildings and service facilities	UP	UP	UP	UP
9.	Residential/Boarding/Lodging
A.	Hotel or motel	N	UP	UP	N
B.	Residential uses	N⁶	UP	N⁶	N⁶
C.	Single room occupancy living facilities	N	UP	UP	N
D.	Single room occupancy residential hotels	N	UP	UP	N
10.	Other
A.	A. Any use which is obnoxious, offensive or creates a nuisance	N	N	N	N
B.	Adult business establishments	N	N	N	N
C.	Assembly, compounding, manufacture or processing of merchandise or products are customarily incidental or essential to permitted retail commercial and service uses	N	N	N	UP
D.	Massage establishments³	P	P	P	P
E.	Recycling centers	UP	UP	UP	UP
F.	Sale or rental of utility trailers, heavy equipment or machinery	N	N	N	UP
G.	Storage or parking of commercial, industrial or public utility vehicles	N⁴	N⁴	N⁴	N⁴
H.	Wholesale storage or warehousing of merchandise or products within a building or premises⁸	N	N	N	P UP
I.	Facilities for storage of recreational vehicles	N	N	N	MPP
J.	Animal hospitals and clinics	UP	UP	UP	UP
K.	Payday lending establishment	N	MPP⁹	N	N

Notes:
¹	Construction of a new building greater than ten thousand square feet requires a use permit.
²	Donation centers in C-1 are only allowed on sites of four or more acres. Miscellaneous plan permits for donation centers shall be reviewed for compliance with council policy on operations, location and appearance following the procedures in Chapter 19.82 (Miscellaneous Plan Permit).
³	Subject to provisions of Chapter 9.41.
⁴	Except that daytime and overnight parking of up to five commercial motor vehicles (of a type that are less than ten thousand pounds in gross vehicle weight with not more than two axles) that are owned or operated by the person(s), company or business which conducts the primary use is permitted, provided the vehicles are used for purposes of delivery, pick up or service to patrons of the primary use only, do not utilize on-site required parking and are not utilized for purposes of advertising.
⁵	Educational and recreational uses and places of assembly shall not be located in retail centers in a manner that disrupts the flow of pedestrians between retail establishments.
⁶	Except caretaker residence ancillary to a permitted use.
⁷	Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020(i) and/or (j), as applicable.
⁸	In the C-4 zoning district, wholesale storage or warehousing is permitted up to thirty-five percent FAR, and requires a use permit for greater than thirty-five percent FAR.
⁹	Subject to the provisions of Section 19.20.050.

§ 19.20.040 Uses requiring use permit; all commercial zoning districts.

(a)

A use permit is required for all uses in the C-1 (neighborhood business zoning district) and C-3 (regional business zoning district) which:

(1)

Consists of more than two buildings on one lot.

(2)

(3)

The conversion of ownership of any existing building or buildings to any of the forms of multiple ownership set forth above.

(b)

(c)

(Prior zoning code § 19.32.068; Ord. 2623-99 § 1; Ord. 3176-21 § 2; Ord. 3223-24, 2/6/2024)

§ 19.20.050 Payday lending establishments.

(a)

Distance Requirement. Payday lending establishments are prohibited within one thousand feet of the parcel boundaries of any other payday lending establishment.

(b)

Maximum Number of Payday Lending Establishments. The maximum number of payday lending establishments that may be operating at any one time is six.

(c)

Operational Standards. Payday lending establishments must meet the following minimum operational standards at all times, which are the obligation of the owner of the payday lending establishment:

(1)

The approved lighting plan for the tenant space must be maintained (plan required with the submittal of the applicable planning permit application); and

(2)

Hours of operation must be between the hours of 7:00 a.m. to 7:00 p.m. daily; and

(3)

(Ord. 3002-13 § 5)

§ 19.22.010 Purpose.

(Ord. 2623-99 § 1)

§ 19.22.020 Industrial zoning districts.

(a)

(b)

(Prior zoning code §§ 19.32.130(a), 19.32.140(a); Ord. 2623-99 § 1)

§ 19.22.030 Permitted, conditionally permitted and prohibited uses in industrial zones.

(a)

Use Table. Table 19.22.030 sets forth those uses which are permitted, conditionally permitted, and prohibited in industrial zoning districts, and the type of permit a use requires.

Prohibited (N). A use shown with "N" in the table is prohibited.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c)

Table 19.22.030
Permitted, Conditional Permitted and Prohibited Uses in Industrial Zoning Districts
In the table, the letters and symbols are defined as follows:
P	=	Permitted use
MPP	=	Miscellaneous Plan Permit required
UP	=	Use Permit required
N	=	Not permitted, prohibited
FAR	=	Floor area ratio restrictions
>	=	Greater than
N/A	=	FAR does not apply

Use Regulations by Zoning District USE		M-S Zoning Districts FAR³	M-S Zoning Districts	M-S/POA Zoning Districts	M-3 Zoning Districts FAR³	M-3 Zoning Districts
1.	Manufacturing
A.	Packing or rendering plants, or slaughterhouses for the processing of animals and animal by-products	N/A	N	N	N/A	N
B.	Foundries for the casting of aluminum	N/A	UP	UP	N/A	UP
C.	Foundries, processing plants, fabrication facilities or mills for metals other than aluminum	N/A	N	N	N/A	UP
D.	Manufacture, compounding or processing of commercial explosives not related to research and development	N/A	N	N	N/A	N
E.	Manufacture, processing or bulk storage of feed, fertilizer, grain or soil conditioners	N/A	N	N	N/A	UP
F.	Manufacture of agricultural, construction, industrial, or mining heavy equipment	N/A	N	N	N/A	UP
G.	Manufacture, milling, mixing, processing, or bulk storage of asphalt, brick, cement, gravel, lumber, rock, sand, and similar construction materials	N/A	N	N	N/A	UP
H.	Manufacture, processing, refining or bulk storage for off-premises delivery of coal, coke, compressed gases, liquefied petroleum gases or other fuels, except gasoline or motor oil	N/A	N	N	N/A	UP
I.	Manufacture, processing, repair, compounding, packaging, assembly, or treatment plants or facilities for equipment, materials or products	To 35%	P	P	To 35%	P
		>35%	UP	UP	> 35%	UP
J.	Manufacture, processing, repair, compounding, packaging, assembly, or treatment plants and facilities for explosives related equipment, materials or products	N/A	N	N	N/A	N
2.	Office, Research and Development
A.	Administrative, professional, medical and research and development offices	To 35%	P	P	To 35%	P
		> 35%	UP	UP	> 35%	UP
B.	Medical clinics	To 35%	MPP	MPP	To 35%	MPP
		> 35%	UP	UP	> 35%	UP
C.	Financial institutions, banks, and savings and loan associations without drive-through facilities	To 35%	MPP	MPP	To 35%	UP
		> 35%	UP	UP	> 35%	UP
D.	Explosive or propellant research and development related manufacturing, processing, assembly and storage	N/A	UP	UP	N/A	UP
3.	Commercial
A.	Automobile service stations and vehicle repair facilities	N/A	UP	UP	N/A	UP
1.	Retail sale of groceries at permitted stations⁴	MPP	MPP	MPP	MPP	MPP
2.	Retail sale of beer and wine at permitted stations⁴	UP	UP	UP	N/A	UP
B.	Auto wrecking, junk, salvage, scrap metal or waste material storage yards	N/A	N	N	N/A	N
C.	Businesses selling merchandise or products at retail or providing services (such as real estate)	To 35%	MPP	MPP	To 35%	MPP
		>35%	UP	UP	>35%	UP
D.	Commercial canning, processing, or reduction plants for fruits and vegetables	N/A	UP	UP	N/A	UP
E.	Commercial storage and warehouses	To 50%	P	P	To 50%	UP
		>50%	UP	UP	>50%	P
F.	Child care centers, business-sponsored	N/A	UP	UP	N/A	UP
G.	Drive-through businesses	N/A	UP	UP	N/A	UP
H.	Hotels and motels	N/A	UP	UP	N/A	UP
I.	Restaurants and fast food restaurants that may have on sale beer and wine alcohol beverage service	N/A	MPP	MPP	N/A	MPP
J.	Restaurants and fast food restaurants that have on sale general alcohol beverage service	N/A	UP	UP	N/A	UP
K.	Self storage (mini warehouse)	N/A	UP	UP	N/A	UP
4.	Education, Recreation, and Places of Assembly
A.	Education—Recreation and enrichment	N/A	N	UP	N/A	N
B.	Education—Primary and high school	N/A	N	N	N/A	N
C.	Education—Institution of higher learning	N/A	UP	UP	N/A	UP
D.	Recreational and athletic facilities	N/A	N	UP	N/A	N
E.	Places of assembly—Business serving	N/A	UP	UP	N/A	UP
F.	Places of assembly—Community serving	N/A	N	UP	N/A	N
G.	Cardrooms	N/A	N	N	N/A	N
H.	Safe parking site	See Chapter 19.66
5.	Residential
A.	Residential uses, alone or combined with other uses compatible with the zoning district	N/A	N5	N5	N/A	N5
B.	Single room occupancy living unit facilities	N/A	UP	UP	N/A	UP
C.	Single room occupancy residential hotels	N/A	UP	UP	N/A	UP
D.	Convalescent homes, home for the aged, hospitals, sanitariums and similar institutions	N/A	N	N	N/A	N
6.	Other
A.	Adult business establishment	N/A	P¹	P¹	N/A	P¹
B.	Agricultural dwellings, buildings and uses	N/A	UP	UP	N/A	UP
C.	Bulk storage for off-premises delivery of compressed gases and liquefied petroleum gases	N/A	UP	UP	N/A	UP
D.	Bus terminals and other public transportation facilities	N/A	UP	UP	N/A	UP
E.	Educational uses	N/A	UP	UP	N/A	UP
F.	Emergency containers meeting criteria described in this chapter (ARKs)	N/A	P	P	N/A	P
G.	Emergency containers other than ARKs	N/A	UP	UP	N/A	UP
H.	Emergency shelter	N/A	UP	P	N/A	UP
I.	Hazardous materials storage as defined in Titles 20 (above ground) and 21 (underground)	N/A	P	P	N/A	P
J.	Hazardous materials storage facilities which meet the criteria outlined in Section 19.22.060	To 40%	MPP	MPP	To 40%	MPP
K.	Hazardous materials storage facilities which do not meet all the criteria outlined in Section 19.22.060	To 35%	UP	UP	To 35%	UP
L.	Hazardous wastes management facilities which meet the criteria outlined in Section 19.22.070	N/A	UP	UP	N/A	UP
M.	Incidental and accessory storage, mechanical equipment which meet criteria in Chapter 19.82 (5 percent net coverage and screened)	N/A	MPP	MPP	N/A	MPP
N.	Massage establishment	N/A	P2	P2	N/A	P2
O.	Public utility buildings and services, electric transportation and distribution substations and public utility service centers	To 35%	UP	UP	>35%	UP
		>35%	UP	UP	To 35%	UP
P.	Recycling centers	N/A	UP	UP	N/A	UP
Q.	Any use which is obnoxious, offensive or creates a nuisance to persons in adjacent buildings or premises through emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances	N/A	N	N	N/A	N
R.	Payday lending establishment	N/A	N	N	N/A	N

Notes:
¹	Subject to provisions of Chapter 19.60.
²	Subject to provisions of Chapter 9.41.
³	5% FAR bonus for green buildings may apply. See Resolution No. 368-09 for green building tables adopted.
⁴	Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020(i) and/or (j), as applicable.
⁵	Except caretaker residence ancillary to a permitted use.

§ 19.22.040 Use permit required for multiple ownership in all industrial zoning districts.

(Ord. 2623-99 § 1; Ord. 2966-11 § 9)

§ 19.22.050 Emergency containers (ARKs).

(a)

That the dimensions of the ARK shall not exceed forty feet by eight feet wide by eight and one-half feet high;

(b)

That the ARK shall:

(1)

Include a specific inventory of emergency equipment and supplies as specified from time to time by the emergency services coordinator;

(2)

Be used exclusively for the storage of emergency equipment and emergency supplies and for no other purpose;

(3)

Be made available for inspection by city staff during regular business hours;

(4)

Be removed from the site within thirty days if not used for its intended purpose for a period of sixty consecutive days.

(Prior zoning code § 19.32.147; Ord. 2623-99 § 1; Ord. 2966-11 § 10)

§ 19.22.060 Hazardous materials storage facilities.

(a)

Total on-site FAR does not exceed forty percent; and

(b)

Total aggregate square footage of storage space for hazardous materials does not exceed two thousand five hundred square feet;

(c)

No more than four hazardous materials buildings are located on-site;

(d)

Height of the storage facility does not exceed fifteen feet;

(e)

Building or addition is designed exclusively for the storage of hazardous materials;

(f)

Compliance with other applicable zoning requirements;

(g)

Building or addition is compatible with other structures, if visible from adjacent public or privately owned property; and

(h)

(Prior zoning code § 19.32.149; Ord. 2623-99 § 1)

§ 19.22.070 Hazardous waste management facilities.

(Prior zoning code § 19.32.150; Ord. 2623-99 § 1)

§ 19.24.010 Purpose.

(Ord. 2623-99 § 1; Ord. 2683-01 § 2)

§ 19.24.020 Office and public facilities zoning districts.

(a)

(b)

(Prior zoning code §§ 19.32.070(a), 19.32.080(a), 19.32.090(a); Ord. 2623-99 § 1; Ord. 2683-01 § 2)

§ 19.24.030 Permitted, conditionally permitted and prohibited uses in office, public facilities and civic center zones.

(a)

Table 19.24.030 sets forth those uses which are permitted, conditionally permitted, and prohibited in office and public facilities zoning districts, and the type of permit a use requires.

(b)

It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

Table 19.24.030
Permitted, Conditionally Permitted and Prohibited Uses in Office and Public Facilities Zoning Districts
In the table, the letters and symbols are defined as follows:
P	=	Permitted use
UP	=	Use Permit required
MPP	=	Miscellaneous Plan Permit required
N	=	Not permitted, prohibited

OFFICE AND PUBLIC FACILITIES ZONING DISTRICTS		O	P-F
1.	Office/Care Facilities
A.	Administrative, professional, medical, and research and development offices	P	UP
B.	Medical clinics	MPP	UP
C.	Financial institutions such as banks and savings and loan associations	MPP	N
D.	Hospitals	N	UP
E.	Rest homes and convalescent hospitals	UP	UP
2.	Public Facilities
A.	Buildings and facilities used by government agencies for government purposes	UP	P
B.	Buildings and facilities used by federal, state or local government agencies (except city of Sunnyvale), for nongovernmental purposes	UP	UP
C.	Public service buildings and accessory uses	UP	UP
D.	Public utility buildings and service facilities	UP	UP
3.	Personal Service
A.	Child care centers with occupancy of 30 or fewer children	MPP	MPP
B.	Child care centers with occupancy of 31 or more children	UP	UP
4.	Education, Recreation and Places of Assembly
A.	Education – Recreation and Enrichment	N	UP
B.	Education – Primary and High School	N	UP
C.	Education – Institution of Higher Learning	UP	UP
D.	Recreational and Athletic Facilities	N	UP
E.	Places of Assembly – Business Serving	UP	UP
F.	Places of Assembly – Community Serving	N	UP
G.	Cardrooms	N	N
H.	Private golf courses	N	UP
I.	Safe parking site	See Chapter 19.66
5.	Residential/Boarding/Lodging
A.	Residential uses	UP	N³
6.	Other
A.	Adult business establishments	N	N
B.	Outside display of merchandise or products	N	N
C.	Electric distribution substations	N	UP
D.	Electric transmission substations	N	UP
E.	Massage establishments¹	P	P
F.	Recycling centers²	UP	UP
G.	Salt extraction	N	UP
H.	Storage or parking of commercial or industrial vehicles	N	N
I.	Storage or parking of public utility vehicles	N	N
J.	Storage of materials, supplies or equipment for commercial or industrial purposes	N	N
K.	Storage of materials, supplies or equipment for public utility purposes	N	N
L.	Storage, warehousing, handling, processing or assembling merchandise or products	N	N
M.	Payday lending establishment	N	N

Notes:
¹	Subject to provisions of Chapter 9.41.
²	Recycling centers must be located in convenience zones, (the area within a one-half mile radius of a supermarket) as defined in Public Resources Code Section 14509.4.
³	Except caretaker residence ancillary to a permitted use.

§ 19.24.040 Uses requiring use permits; office zoning district.

(a)

In the office zoning district, the following uses shall be permitted only with a use permit:

(1)

(2)

Any use consisting of more than one main building on a single lot;

(Ord. 2623-99 § 1; Ord. 3176-21 § 3; Ord. 3223-24, 2/6/2024)

§ 19.26.010 Combining districts-General purpose.

(a)

(b)

(Ord. 2920-10 § 1)

§ 19.26.020 Planned development (PD) combining district created-Purpose.

(a)

There is hereby created a combining district to be known as planned development (PD) combining district which may be combined with any of the zoning districts designated in Chapter 19.16.

(b)

(1)

Facilitating development or redevelopment of a site to improve the neighborhood;

(2)

Allowing a proposed use that is compatible with the neighborhood but requires deviations from development standards for a successful project;

(3)

Facilitating desirable development of properties at significant intersections; or

(4)

Allowing development and creation of lots that are less than the minimum size required in the base zoning district.

(Ord. 2920-10 § 1)

§ 19.26.030 PD combining district-Permit required.

(a)

(b)

(Ord. 2920-10 § 1)

§ 19.26.040 Office (O) combining district created-Purpose.

(a)

There is hereby created a combining district to be known as office (O) combining district which may be combined with any of the residential districts designated in Chapter 19.16.

(b)

The purpose of the O combining district is to allow by use permit office uses as provided in Chapter 19.24.

(c)

(Ord. 2920-10 § 1)

§ 19.26.050 O combining district-Permit required.

(Ord. 2920-10 § 1)

§ 19.26.060 Heritage housing (HH) combining district created-Purpose.

(a)

(b)

(Ord. 2920-10 § 1)

§ 19.26.080 HH combining district-Demolition and replacement construction.

(a)

(1)

The structure has become dilapidated to the extent that it constitutes a safety hazard; or

(2)

Demolition of the residence will not have a significant detrimental impact on the historic character of the neighborhood; and

(3)

Plans for the replacement structure are consistent with neighborhood historic characteristics as described in the policy statement for the district.

(b)

Where findings (2) and (3) above are made, no demolition may occur unless the owner has obtained a building permit for the replacement structure.

(Ord. 2920-10 § 1)

§ 19.26.090 Industrial to residential (ITR) district created-Purpose.

(a)

(b)

(Ord. 2920-10 § 1)

§ 19.26.100 ITR combining district-Boundaries.

(a)

(b)

Where uncertainty exists as to the boundary or boundaries of any ITR district shown on the zoning district map, the location of such boundary or boundaries shall be fixed as follows:

(1)

(2)

(Ord. 2920-10 § 1)

§ 19.26.110 ITR combining district-Damage or destruction.

(Ord. 2920-10 § 1)

§ 19.26.120 ITR combining district-Residential uses.

(Ord. 2920-10 § 1; Ord. 3237-25, 2/4/2025)

§ 19.26.130 ITR combining district-Industrial, commercial and office uses.

Commercial, industrial and office uses shall be allowed in the ITR district in accordance with commercial, industrial and office districts defined in and regulated by Chapters 19.20, 19.22 and 19.24.

(Ord. 2920-10 § 1)

§ 19.26.200 Residential single-story (S) combining district created-Purpose.

Areas with a single-story combining district shall be designated on the zoning map by the symbol "S" following the underlying zoning district designation.

(f)

For sites within the single-story combining district, the following development regulations shall apply in lieu of the otherwise applicable site development regulations:

(1)

Height. The maximum height shall be seventeen feet, as defined in Section 19.12.030(12).

(2)

Habitable Floor Limitations. There shall be a limit of one habitable floor. Habitable floors include lofts, mezzanines and similar areas but exclude basements.

(3)

The maximum floor area ratio shall be forty-five percent.

(Ord. 2920-10 § 1)

§ 19.26.210 Places of assembly (POA) combining district (POA) created-Purpose.

(a)

There is hereby created a combining district to be known as the POA combining district which may be combined with the M-S zoning districts for those uses designated in Chapter 19.22.

(b)

The purpose of the POA combining district is to allow uses that may include sensitive populations which are otherwise not permitted in the M-S zoning district.

(c)

(Ord. 2920-10 § 1; Ord. 3043-14 § 2)

§ 19.26.220 Mixed use (MU) combining district.

Mixed Use Permit—Uses to Comply. Following issuance of a permit:

(1)

(2)

(g)

Mixed Use Combining District—Site Design. Mixed use development should be designed with the following regards to site design:

(1)

The uses may be located in the same building or in separate buildings. Projects where the uses are combined in a vertical configuration (within a building) are encouraged.

(2)

Underground parking for the mixed use development is encouraged.

(3)

Driveways, deliveries, and waste management for the commercial/office component should be separated to the extent practicable from the residential uses on site.

(h)

(1)

Minimum Lot Size. The minimum project and lot size shall be two acres.

(2)

Allowances may be granted and possibly subject to additional environmental review:

(A)

Allowance for an increase in height of ten feet above the base zoning maximum;

(B)

Allowance for an increase in the number of stories of one story above the base zoning maximum.

(Ord. 2920-10 § 1)

§ 19.26.230 Live/work units.

(a)

(b)

Applicability. Live/work units are allowed in mixed use (MU) combining districts.

(c)

Provisions.

(1)

(2)

In addition to the permitted uses above, the community development director may authorize other uses using reasonable discretion, as long as such other uses are not otherwise precluded by law;

(3)

The residential and the commercial space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately;

(4)

Residential areas are permitted above the commercial component, to the side or in back of the business component, provided that there is internal access between the residential and commercial space;

(5)

The commercial component as designated on the floor plan approved through the special development permit shall remain commercial and cannot be converted to residential use;

(6)

The residential component as designated on the floor plan approved through the special development permit shall remain residential and cannot be converted to commercial use;

(7)

The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage or any accessory structure;

(8)

The commercial component shall not detract from, or otherwise be a nuisance to, the residential character or appearance of the dwelling units;

(9)

Signage intended to promote on-site commercial uses shall be restricted to two square foot signs permanently affixed to door or wall of the business component;

(10)

Signage shall be developed in accordance with a master sign plan for the overall development site;

(11)

All advertising for on-site commercial uses shall clearly state "by appointment only" if the live/work address is used;

(12)

The total number of occupations at one address is not limited, except the cumulative impact of all such commercial uses shall not exceed the limits set forth in this section for a live/work unit;

(13)

(14)

(15)

The live/work unit shall be required to provide parking in accordance with Sunnyvale Municipal Code Chapter 19.46;

(16)

(17)

The commercial use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors;

(18)

No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.

(d)

Prohibited Commercial Uses in Live/Work Units.

(1)

Any use not permitted in R-3, R-4 or R-5 zoning districts, as specified in Table 19.18.030;

(2)

The retail sale of food and/or beverages with customers arriving on-site. This does not include online (Internet) sales, mail order, or off-site catering preparation;

(3)

Entertainment, drinking, and public eating establishments;

(4)

Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale;

(5)

Businesses that involves the use of prescription drugs;

(6)

Adult-oriented businesses, astrology palmistry, massage, head shops, and similar uses;

(7)

Sales, repair or maintenance of vehicles, including automobiles, boats, motorcycles, aircraft, trucks, or recreational vehicles;

(8)

Trade or Private Schools. This excludes private instruction of up to two students at any one time (e.g., music lessons, tutoring).

(Ord. 2920-10 § 1)

§ 19.27.010 Site or project-based specific plan districts.

(Ord. 2788-05 § 2)

§ 19.27.020 Regulations generally.

(Ord. 2788-05 § 2)

§ 19.27.030 Lakeside specific plan district.

(Ord. 2788-05 § 2)

§ 19.27.040 Peery Park specific plan district.

(Ord. 3095-16 § 3)

§ 19.27.050 Village Center Master Plan district.

(a)

(b)

The VCMP zoning district implements the Village Center Master Plan, incorporated by reference, a copy of which is on file in the office of the city clerk.

(c)

The Village Center Master Plan includes the following three implementing zoning districts:

(1)

Village Center Commercial (VCC).

(2)

Village Center Office (VCO).

(3)

Village Center Mixed Use (VCMU).

(Ord. 3241-25, 7/1/2025; Ord. 3242-25, 7/29/2025)

§ 19.28.010 Downtown Specific Plan District established.

(Ord. 3162-20 § 2)

§ 19.28.020 Purpose and findings.

(a)

It is the purpose of this chapter to support implementation of the DSP and:

(1)

Create a vibrant and interesting city center which includes the concentration of many activities vital to sustaining the economic strength, regional prominence, and visual image of the city;

(2)

Encourage high-quality, high-intensity development adjacent to public transportation corridors;

(3)

Create employment and housing opportunities in a downtown setting and will provide a center for social interaction for residents of the city; and

(4)

Support community goals and values by supporting development incentives for community benefits.

(b)

The city council makes the following findings that implementation of the downtown specific plan will:

(1)

Protect and promote the public health, safety, peace, comfort and general welfare;

(2)

Establish the procedure for adoption of the orderly physical development of the district;

(3)

Conserve property values and maintain the historic architectural and cultural qualities of properties within the district; and

(4)

Protect the character and stability of adjacent residential neighborhoods.

(Ord. 3162-20 § 2)

§ 19.28.030 Compliance with the Downtown Specific Plan.

(Ord. 3162-20 § 2)

§ 19.28.040 Downtown Specific Plan regulations generally.

(a)

The regulations contained in this chapter shall apply in the DSP district, in conjunction with the standards, guidelines, and plans contained in the DSP document.

(b)

(c)

(Ord. 3162-20 § 2)

§ 19.28.050 Downtown Specific Plan blocks.

(Ord. 3162-20 § 2)

§ 19.28.060 Single-family uses and structures.

(a)

Single-family uses on existing, legally created lots may be maintained in all blocks.

(b)

Additions to or new construction of single-family dwellings on existing, legally created lots are subject to design review provisions in Chapter 19.80.

(c)

Single-family dwellings and accessory structures must comply with applicable development standards for the R-0 District.

(d)

Accessory dwelling units in conjunction with an existing or proposed single-family dwelling or an existing multifamily dwelling structure shall meet the provisions of Chapter 19.79.

(Ord. 3162-20 § 2)

§ 19.28.070 Permitted, conditionally permitted and prohibited uses in mixed use, commercial and office DSP blocks.

(a)

Use Table. Table 19.28.070 sets forth those uses which are permitted, conditionally permitted, and prohibited in mixed use, commercial and office DSP blocks and the type of approval a use requires.

Not Permitted. (N). A use shown with "N" in the table is prohibited.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c)

Heritage Resources. Changes to any heritage resource or to a property within a heritage district may require a landmark alteration permit or resource alteration permit as set forth in Chapter 19.96.

Table 19.28.070
Permitted, Conditionally Permitted and Prohibited Uses in Mixed Use, Commercial and Office DSP Blocks
DSP MIXED USE, COMMERCIAL AND OFFICE BLOCKS		1	1a	2	3	7	13	18	20	21	22
1.	*Residential*
A.	Single-family dwelling and accessory buildings and uses developed on an existing, legally created lot per Section 19.28.060	N	N	N	N	N	SDP	N	SDP	N	N
B.	Single room occupancy (SRO) facilities	N	SDP	N	N	SDP	N¹	SDP	N¹	N	N
C.	Two-family dwelling (duplex)	N	N	N	N	N	N¹	N	N¹	N	N
D.	Multiple-family dwellings (3 or more units, or more than 1 main building) and accessory buildings and uses	N	SDP	N	N	SDP	N¹	SDP	N¹	N	N
E.	Boarding for less than 3 persons	N	P	P	P	P	P	P	P	N	N
F.	Facilities caring for 6 or fewer persons, as declared by the state to be a residential use	N	P	P	P	P	P	P	P	N	N
2.	*Education, Recreation and Places of Assembly*
A.	Education – Recreation and enrichment	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
B.	Education – Primary and high school	N	N	N	N	N	N	N	N	N	N
C.	Education – Institution of higher learning	N	N	N	N	N	N	N	N	N	N
D.	Recreational and athletic facilities	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
E.	Places of assembly – Business serving	SDP	SDP	SDP	SDP	SDP	N	N	SDP	N	SDP
F.	Places of assembly – Community serving	N	N	N	N	N	N	N	N	N	N
G.	Parks and playgrounds	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	N
H.	Entertainment establishments	SDP	SDP	SDP	SDP	N	N	SDP	N	N	SDP
I.	Card rooms	N	N	N	N	N	N	N	N	N	N
3.	*Commercial Uses*
A.	Assembly, compounding, manufacture or processing of merchandise or products, except such as are customarily incidental or essential to permitted use	N	N	N	N	N	N	N	N	N	N
B.	Automobile service stations	N	N	N	N	N	N	N	N	N	N
C.	Automobile vehicle-related parts sales, rentals, sales, repair or service uses	N	N	N	N	N	N	N	N	N	N
D.	Child care/ adult day care center/ nursery schools	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
E.	Drive-through businesses	N	N	N	N	N	N	N	N	N	N
F.	Financial institutions such as banks and savings and loans	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	N	MPP
G.	Hotels and motels	SDP	SDP	N	SDP	SDP	SDP	SDP	N	N	SDP
H.	Medical clinic	MPP	MPP	MPP	SDP	MPP	SDP	SDP	MPP	N	MPP
I.	Office: not located on ground floor	P	P	P	P	P	P	P	P	N	P
J.	Office: ground floor dependent	P	P	P	MPP	P	MPP	MPP	P	N	P
K.	Office: non-ground floor dependent	P	P	MPP	SDP	MPP	SDP	SDP	MPP	N	P
L.	Personal service	MPP	P	P	P	P	MPP	P	P	N	P
M.	Package liquor retail sales, when not combined with another permitted use	N	SDP	N	SDP	SDP	N	SDP	N	N	N
N.	Pawn broker shops	N	N	N	N	N	N	N	N	N	N
O.	Bar or Nightclub	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
P.	Repair shops for household appliances and wearing apparel	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
Q.	Retail business, including take-out retail food establishments	P	P	P	P	P	SDP	P	SDP	MPP	P
R.	Retail services such as laundry, repair shops, etc.	P	P	P	P	P	P	P	P	N	P
S.	Restaurants and fast food restaurants that may have on sale beer and wine service	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP
T.	Restaurants and fast food restaurants that have on sale general alcoholic beverage service	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
4.	*Accessory Uses*
A.	Retail commercial uses incidental to and in combination with residential uses in a mixed-use project	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	N
B.	Outdoor dining in conjunction with an approved restaurant use	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	N	MPP
C.	Accessory dwelling units	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79
5.	*Temporary Uses*
A.	Construction yard, subject to approval of director of public works	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP
6.	*Other Uses*
A.	Adult entertainment establishments (See Chapter 9.40)	N	N	N	N	N	N	N	N	N	N
B.	Electric transmission substations	N	N	N	N	N	N	N	N	N	N
C.	Massage establishments (See Chapter 9.41)	P	P	P	P	P	P	P	P	N	P
D.	Parking structures	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP
E.	Public service buildings and accessory uses	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP
F.	Public transportation facilities	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP
G.	Public utility buildings and service facilities	N	N	N	N	N	N	N	N	N	N
H.	Recycling centers in convenience zones as required by Public Resources Code Section 14300 et seq.	N	N	N	SDP	SDP	SDP	SDP	N	N	N
I.	Unenclosed uses other than outdoor dining	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	SDP
J.	Sale or rental of motor vehicles of all kinds	N	N	N	N	N	N	N	N	N	N
K.	Sale or rental of heavy equipment or machinery	N	N	N	N	N	N	N	N	N	N
L.	Storage or parking of commercial, industrial or public utility vehicles	N²	N²	N²	N²	N²	N²	N²	N²	N	N²
M.	Wholesale storage or warehousing of merchandise or products within a building	N	N	N	N	N	N	N	N	N	N
N.	Any use which is obnoxious, offensive or creates a nuisance to persons in adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances	N	N	N	N	N	N	N	N	N	N
O.	Payday lending establishment	N	N	N	N	N	N	N	N	N	N

Notes:

Residential uses may be allowed with an SDP on portions of Blocks 13 and 20 that are designated residential on the DSP Land Use Plan (Figure 5-1 and Table 5-1 of the DSP).

(Ord. 3162-20 § 2)

§ 19.28.080 Permitted, conditionally permitted and prohibited uses in residential DSP blocks.

(a)

Use Table. Table 19.28.080 sets forth those uses which are permitted, conditionally permitted, and prohibited in residential DSP blocks and the type of approval a use requires.

Not Permitted (N). A use shown with "N" in the table is prohibited.

(5)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if a Special Development Permit is listed in Table 19.28.080.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit, use permit or special development permit without obtaining the required permit.

(c)

Heritage Resources. Changes to any heritage resource or to a property within a heritage district may require a landmark alteration permit or resource alteration permit as set forth in Chapter 19.96.

Table 19.28.080
Permitted, Conditionally Permitted and Prohibited Uses in Residential DSP Blocks
DSP RESIDENTIAL BLOCKS		4, 5, 14, 15, 16, 23	6	8, 9, 10, 11, 12, 17	8a	8b, 9a
1.	*Residential*
A.	Single-family dwelling on an existing, legally created lot per Section 19.28.060	P	P	P	P	P
B.	Single room occupancy (SRO) facilities	SDP	N	N	N	N
C.	Two-family dwelling (duplex)	N	N	P	N	N
D.	Dual Urban Opportunity Housing	MPP	MPP	MPP	MPP	MPP
E.	Multiple-family dwellings (3 or more units, or more than 1 main dwelling)	SDP	SDP	SDP	SDP	SDP
F.	Boarding and lodging for less than 3 persons	P	P	P	P	P
G.	Facilities caring for 6 or fewer persons, as declared by the state to be a residential use	P	P	P	P	P
H.	Residential mobilehome park site	N	N	N	N	N
2.	*Education, Recreation, and Places of Assembly*
A.	Parks and playgrounds	SDP	SDP	SDP	SDP	SDP
B.	Education – Recreation and enrichment	N	N	N	N	N
C.	Education – Primary and high school	N	N	N	N	N
D.	Education – Institution of higher learning	N	N	N	N	N
E.	Recreational and athletic facilities	N	N	N	N	N
F.	Places of assembly – Business serving	N	N	N	N	N
G.	Places of assembly – Community serving	SDP	SDP	SDP	SDP	SDP
H.	Card rooms	N	N	N	N	N
3.	*Commercial Uses*
A.	Child care/adult day care center/nursery schools	SDP	SDP	SDP	SDP	SDP
B.	Hotels or motels	SDP	N	N	N	N
C.	Rest homes	SDP	SDP	SDP	SDP	SDP
4.	*Accessory Uses*
A.	Accessory dwelling units	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79	See Chapter 19.79
B.	Accessory structures	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40	See Chapter 19.40
C.	Commercial and personal service uses incidental to and in combination with residential uses	SDP	SDP	SDP	SDP	SDP
D.	Storage or parking of commercial, industrial or public utility vehicles, except for the purpose of loading or un-loading	N	N	N	N	N
5.	*Temporary Uses*
A.	Residential sales office for new development	MPP	MPP	MPP	MPP	MPP
B.	Construction yard, subject to approval of director of public works	MPP	MPP	MPP	MPP	MPP
6.	*Other Uses*
A.	Office: administrative, professional and medical	SDP	SDP	SDP	SDP	SDP
B.	Adult entertainment establishments (See Chapter 9.40)	N	N	N	N	N
C.	Electric transmission substations	N	N	N	N	N
D.	Massage establishments (See Chapter 9.41)	P	P	P	P	P
E.	Medical clinic	N	N	SDP	SDP	N
F.	Public service buildings and accessory uses	SDP	SDP	SDP	SDP	SDP
G.	Public utility buildings and service facilities	N	N	N	N	N
H.	Recycling centers	SDP	N	N	N	N
I.	Storage of materials, supplies or equipment for nonresi-dential purposes	N	N	N	N	N
J.	Sale or rental of heavy equipment or machinery com-monly used for agricultural, construction, industrial, min-ing, transportation or building service purposes	N	N	N	N	N
K.	Any use which is obnoxious or offensive or creates a nuisance	N	N	N	N	N
L.	Automobile or other independent motor vehicle-related uses, including, but not limited to, auto parts sales and auto rentals, sales, repair and services use

(Ord. 3162-20 § 2; Ord. 3189-22 § 7; Ord. 3223-24, 2/6/2024)

§ 19.28.090 Block development criteria.

Table 19.28.090(a)
Development Standards for Commercial Core District Block 18
	Block 18
Land Use Designation	Downtown Mixed Use
Minimum lot size	Per SDP
Maximum lot coverage	Per SDP
Maximum height	As provided in the DSP document
Minimum Front Setbacks
Mathilda Ave.	0 ft.
McKinley Ave.	0 ft.
Taaffe St.	0 ft.
Sunnyvale Ave.	0 ft.
Iowa Ave.	0 ft.
Minimum Interior Setbacks
Side	0 ft.
Rear	0 ft.
Minimum landscaped area	All areas not devoted to driveways and access zones
Minimum useable open space	50 sq. ft./unit

Table 19.28.090(b)
Development Standards for North of Washington District Blocks 1, 1a, 2, 21 and 22
	Block 1	Block 1a	Block 2	Block 21	Block 22
Land Use Designation	Office	Downtown Mixed Use	Commercial Heritage Landmark District	Transit center	Office
Minimum lot size	0.50 ac.	0.30 ac.	No minimum	No minimum	0.75 ac.
Maximum lot coverage	Per SDP	Per SDP	Per SDP	Per SDP	Per SDP
Maximum height	As provided in the DSP document
Minimum Front Setback
Mathilda Ave. and Mathilda Pl.	0 ft.	N/A	N/A	N/A	N/A
Washington Ave.	0 ft.	0 ft.	0 ft.	N/A	N/A
Olson Way	N/A	0 ft.	N/A	N/A	N/A
Taaffe St.	N/A	0 ft.	N/A	N/A	N/A
Evelyn Ave.	0 ft.	N/A	0 ft.	0 ft.	0 ft.
Aries Way	0 ft.	0 ft.	N/A	N/A	N/A
Sunnyvale Ave.	N/A	N/A	0 ft.	N/A	0 ft.
Altair Way	0 ft.	0 ft.	N/A	N/A	N/A
Carroll St.	N/A	N/A	N/A	N/A	N/A
Frances St.	0 ft.	0 ft.	0 ft.	N/A	N/A
Murphy Ave.	N/A	N/A	0 ft.	N/A	N/A
Minimum Interior Setbacks
Side	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.
Rear	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.
Minimum landscaped area	All areas not devoted to driveways and surface access zones	All areas not devoted to driveways and surface access zones	None	All areas not devoted to driveways and access zones	All areas not devoted to driveways and access zones
Minimum useable open space	N/A	50 sq. ft./unit	N/A	N/A	N/A

Table 19.28.090(c)
Development Standards for Sunnyvale/Carroll District Blocks 3, 4, 5, 6, 7 and 23
	Block 3	Block 4	Block 5	Block 6	Block 7	Block 23
Land Use Designation	Commercial	Downtown Very High Density Residential	Downtown Very High Density Residential	High Density and Medium Density Residential	Downtown Mixed Use	Downtown Very High Density Residential
Minimum lot size	No minimum	0.5 ac.	0.25 ac.	0.25 ac.	No minimum	0.50 ac.
Maximum lot coverage	Per SDP	Per SDP	Per SDP	60%	60%	45%
Maximum height	As provided in the DSP document
Minimum Front Setback
Washington Ave.	0 ft.	12 ft.	N/A	12 ft.	12 ft.	N/A
Sunnyvale Ave.	0 ft.	N/A	N/A	N/A	N/A	18 ft.
Evelyn Ave.	0 ft.	18 ft.	18 ft.	N/A	N/A	18 ft.
Bayview Ave.	N/A	12 ft.	12 ft.	N/A	N/A	N/A
Carroll Ave.	0 ft.	12 ft.	N/A	12 ft.	12 ft.	N/A
McKinley Ave.	N/A	N/A	13 ft.	N/A	12	N/A
Minimum Interior Setbacks
Side	0 ft.	6 ft.	6 ft.	6 ft.	0 ft.	6 ft.
Rear	0 ft.	20 ft.	20 ft.	20 ft.	0 ft.	20 ft.
Minimum landscaped area	All areas not devoted to driveways and access zones	Minimum 20% of lot area	Minimum 20% of lot area	Minimum 20% of lot area	All areas not devoted to driveways and access zones.	Minimum 20% of lot area
Minimum useable open space	N/A	50 sq. ft./unit	50 sq. ft./unit	50 sq. ft./unit	50 sq. ft./unit for residential uses	50 sq. ft./unit

Table 19.28.090(d)
Development Standards for South of Iowa District Blocks 8, 8a, 8b, 9, 9a, 10, 11, 12, 13, and 20
	Blocks 8a, 9, 10, 11 and 12	Block 8, 9a	Blocks 8b	Block 13	Block 20
Land Use Designation	Low-Medium Density Residential	Medium Density Residential	Low Density Residential	Office and service retail and low-medium density residential	Office and High Density Residential
Minimum project size	0.25 ac.	0.14 ac.	0.30 ac	0.4 ac.	No Minimum
Minimum lot size	2,600 sq. ft.	N/A	N/A	N/A	N/A
Maximum lot coverage	60%	60% (Block 8) 40% (Block 9a)	40%	Per SDP	60% max
Maximum height	As provided in the DSP document
Minimum Front Setbacks
Mathilda Ave.	N/A	N/A	N/A	0 ft.	0 ft.
McKinley Ave.	13 ft.	13 ft.	13 ft.	N/A	N/A
Carroll Ave.	15 ft.	N/A	15 ft.	N/A	N/A
Iowa Ave.	13 ft.	N/A	13 ft.	0 ft.	N/A
Sunnyvale Ave.	18 ft.	18 ft.	N/A	N/A	N/A
Taaffe St.	18 ft.	N/A	N/A	10 ft.	N/A
Frances St.	18 ft.	N/A	N/A	N/A	N/A
Murphy Ave.	18 ft.	N/A	N/A	N/A	N/A
Olive Ave.	13 ft.	N/A	13 ft.	10 ft.	10 ft.
El Camino Real	N/A	N/A	N/A	N/A	30 ft.
Minimum Interior Setbacks
Side	4 ft.	4 ft.	4 ft.	0 ft.	6 ft.
Rear	20 ft.	20 ft.	20 ft.	0 ft.	20 ft.
Minimum landscaped area	20% of lot area	20% of lot area	20% of lot area	All areas not devoted to driveways and surface access zones	All areas not devoted to driveways and access zones
Minimum useable open space	500 sq. ft./unit	500 sq. ft./unit	500 sq. ft./unit	500 sq. ft./unit	380 sq. ft./unit

Table 19.28.090(e)
Development Standards for West of Mathilda District Blocks 14, 15, 16, and 17
	Blocks 14, 15 and 16	Block 17
Land Use Designation	Downtown Very High Density Residential	Low Medium Density Residential
Minimum lot area	0.75 acre	8,000 sq. ft.
Maximum lot coverage	Per SDP	40%
Maximum height	As provided in the DSP document
Minimum Front Setbacks
Mathilda	0 ft.	12 ft.
McKinley Ave.	10 ft.	N/A
Iowa Ave.	10 ft.	10 ft.
Charles Ave.	10 ft.	10 ft.
Washington Ave.	10 ft.	10 ft.
Evelyn Ave.	N/A	18 ft.
Olive Ave.	10 ft.	N/A
Minimum Interior Setbacks
Side	6 ft.	4 ft.
Rear	10 ft.	20 ft.
Minimum landscaped area	Minimum 20% of lot area	Minimum 20% of lot area
Minimum useable open space	50 sq. ft./unit	500 sq. ft./unit

(Ord. 3162-20 § 2)

§ 19.28.100 Parking requirements.

(a)

Vehicle Parking Standards. Vehicle parking requirements are listed in Table 19.28.100(a) unless exempted by Section 19.46.030.

(1)

Other Provisions. Refer to Chapter 19.46 for definitions; parking space dimensions and lot design; adjust-ments to parking requirements; parking management plans and tools; and any uses not listed.

(2)

Calculating Required Parking. When calculating required parking, any portion of a parking space shall be rounded up to the next whole number.

(3)

Parking Management Plan. New developments where parking is required or voluntarily provided require a parking management plan in accordance with Section 19.46.160.

(b)

(c)

(d)

Special Provisions for the Downtown Specific Plan. The following criteria shall apply within the boundary of the DSP.

(1)

(2)

(3)

Senior and Affordable Housing. The provisions of Section 19.46.080 shall apply within the boundary of the DSP.

(e)

Loading Spaces. Loading spaces shall conform with the provisions of Chapter 19.46.

(f)

Table 19.28.100(a)
Vehicular Parking Standards
Land Use	Minimum Number of Parking Spaces Required	Other Provisions
Single-Family Residential	1 assigned and covered per unit + 1 uncovered per unit	None
Multiple-Family Residential Studio or 1 Bedroom	1 assigned and covered per unit +0.5 unassigned per unit	Assigned spaces may not be compact. Up to ten percent of the total number of unassigned parking spaces may be compact in parking lots of ten or more spaces.
Multiple-Family Residential 2-Bedroom	1 assigned and covered per unit +0.7 unassigned per unit
Multiple-Family Residential 3-Bedroom and larger	1 assigned and covered per unit + 1 unassigned per unit
Office	2 per 1,000 sq. ft.	Maximum 4 per 1,000 sq. ft.
Retail (freestanding)	4 per 1,000 sq. ft.	Maximum 5 per 1,000 sq. ft.
Retail (mixed use)	2 per 1,000 sq. ft.
Medical Clinic	3.3 per 1,000 sq. ft.
Restaurant without Bar (freestanding)	9 per 1,000 sq. ft.
Bar or Restaurant with Full Bar (freestanding)	13 per 1,000 sq. ft.
Assembly/Theater	1 per 3 seats
Hotel	0.8 spaces per hotel room	Parking management plan required
Any Use within the Parking District	Parking requirements consistent with Section 19.28.100 (c)

(Ord. 3162-20 § 2; Ord. 3206-22 § 1; Ord. 3207-23 § 1)

§ 19.28.110 Subdivisions.

All subdivisions and parcel maps shall comply with the minimum subdivision regulations, standards and improve-ments as set forth in Title 18, with the following special considerations:

(a)

Minimum lot area shall conform to the requirements in Table 19.28.090.

(b)

(c)

(Ord. 3162-20 § 2)

§ 19.29.010 Moffett Park Specific Plan district established.

(Ord. 3218-23 § 1)

§ 19.29.020 Purpose.

(a)

(b)

(1)

Maintain Moffett Park as an integral part of Sunnyvale;

(2)

Establish Moffett Park as a model community through its commitment to comprehensively addressing resil-ience, climate protection, and equity in all activities;

(3)

Evolve Moffett Park into a vibrant and inclusive community where all people can thrive;

(4)

Maintain and strengthen Moffett Park as a diverse economic engine that supports economic prosperity for all;

(5)

Create a connected, accessible district that prioritizes the movement of people over vehicles to reduce climate pollution and to support a healthy community;

(6)

Cultivate dynamic and connected public spaces that accommodate the physical and social needs of all users;

(7)

Create a healthy, resilient, and biodiverse environment; and

(8)

Integrate innovative and emerging technologies in the district to support community-wide goals.

(c)

The council finds that the MPSP will:

(1)

Protect and promote the public health, safety, peace, comfort, and general welfare;

(2)

Establish the procedure for adoption of the orderly physical development of the MPSP district by defining development procedures and requirements to obtain the objectives of the MPSP;

(3)

Promote the city's goals of smart growth and sustainable development;

(4)

Diversify and strengthen the commercial and residential opportunities and fiscal health of the city.

(Ord. 3218-23 § 1)

§ 19.29.030 Applicability.

(a)

The regulations contained in this chapter shall apply in the MPSP district, in conjunction with the standards, guidelines, and plans contained in the MPSP document.

(b)

(c)

In the event of any conflict between the provisions of this chapter and the provisions of the Sunnyvale Municipal Code, the provisions of this chapter shall prevail.

(d)

(Ord. 3218-23 § 1)

§ 19.29.040 Definitions.

"Development reserve"

(1)

"Base FAR reserve"

means the net new office, research & development, and industrial floor area for exist-ing parcels to meet their base FAR.

(2)

"Neighborhood reserve"

means the net new office, research & development, and industrial floor area dis-tributed by neighborhood for bonus FAR development.

(3)

"Small project reserve"

means the portion of net new office, research & development, and industrial floor area less for nonresidential projects less than one hundred fifty thousand square feet.

Floor area.

(1)

"Base floor area ratio"

means the maximum allowed nonresidential intensity for a parcel without the addi-tion of bonus FAR.

(2)

"Bonus floor area ratio"

means the allowed office and research & development intensity for a parcel if de-velopment meets bonus FAR development standards, including community benefits, on net new floor area.

(3)

"Total floor area ratio maximum"

(Ord. 3218-23 § 1)

§ 19.29.050 Zoning and combining zoning districts.

The MPSP establishes the following zoning and combining zoning districts:

(a)

(b)

Moffett Park - Residential (MP-R) District. The MP-R district allows for very high-density housing.

(c)

Moffett Park - Mixed-Use (MP-MU) District. The MP-MU district allows standalone residential, standalone office, or a mixed-use development.

Moffett Park - Mixed Employment 2 (MP-E2) District. The MP-E2 district allows for a mix of office, research & development, and industrial uses and does not permit residential development.

(h)

(i)

Moffett Park - Hospitality (MP-H) District. The district allows for hotel and hospitality uses and does not permit residential development.

(j)

(k)

(Ord. 3218-23 § 1)

§ 19.29.060 Permitted development types and uses.

(a)

(1)

Permitted (P).

(2)

Special development permit (SDP).

(3)

Miscellaneous plan permit (MPP).

(4)

Not permitted (N).

(b)

Ecological Combining Zoning District. New commercial, industrial, office, and residential uses shall not be al-lowed in the ECD.

(c)

Neighborhood-Serving Uses. Neighborhood-serving uses are listed under Section 19.29.080.

(d)

Innovation and Creation Space. Innovation and creation space uses are listed under Section 19.29.090.

(e)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if a Special Development Permit is listed in Table 19.29.060.

Table 19.29.060
Permitted, Conditionally Permitted, and Prohibited Uses in MPSP Districts
Use	MP-O1, MP-O2	MP-E1	MP-E2	MP-E3	MP-H	MP-AC	MP-MU	MP-R	MP-PF
Office
Professional or medical office, not located on the ground floor	P	P	P	P	SDP	MPP	MPP	N	N
Professional or medical offices, located on the ground floor less than 1,000 square feet	P	P	P	P	SDP	MPP	MPP	N	N
Professional or medical office, located on the ground floor greater than 1,000 square feet	MPP	MPP	MPP	MPP	SDP	SDP	MPP	N	N
Ground floor dependent office less than 1,000 square feet	P	P	P	P	N	MPP	MPP	N	P
Ground floor dependent office greater than 1,000 square feet	MPP	MPP	MPP	MPP	N	MPP	MPP	N	MPP
Administrative office, not located on the ground floor	P	P	P	P	SDP	MPP	MPP	N	N
Administrative office, located on the ground floor greater than 1,000 square feet	P	P	P	P	SDP	MPP	MPP	N	N
Administrative office, located on the ground floor greater than 1,000 square feet	P	P	P	P	SDP	SDP	SDP	N	N
Research and development office	MPP	MPP	MPP	MPP	SDP	SDP	MPP	N	N
Medical clinic	MPP	MPP	MPP	N	SDP	MPP	MPP	N	N
Industrial, Manufacturing and Warehousing
Electronic data storage and data server farms	N	SDP	MPP	MPP	N	N	SDP	N	N
Manufacture, processing, repair, compounding, packaging, assembly or treatment plants or facilities for equipment, materials or products, including production bakeries and food processing activities (non-hazardous materials).	SDP	P	P	P	N	SDP	SDP	N	N
Printers, copiers, and engravers using chemical processes	SDP	SDP	SDP	SDP	N	N	N	N	N
Wholesale or commercial storage or warehousing of merchandise or products within a building	MPP	MPP	MPP	MPP	N	N	N	N	N
Hazardous materials storage as defined in Title 20 of the Municipal Code	P	P	P	P	N	N	N	N	N
Hazardous materials storage facilities which meet the criteria of Section 19.22.060 of the Zoning Code	MPP	MPP	MPP	MPP	N	N	N	N	N
Hazardous materials storage facilities which do not meet the criteria of Section 19.22.060 of the Zoning Code	SDP	SDP	SDP	SDP	N	N	N	N	N
Hazardous wastes management facilities which meet the criteria of Section 19.22.070 of the Zoning Code	SDP	SDP	SDP	SDP	N	N	N	N	N
Automotive
Automobile service station	N	MPP	P	SDP	SDP	N	N	N	N
Electric vehicle charging facility	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP	MPP
Auto dealership	N	N	N	N	N	N	N	N	N
Auto broker for 3 or fewer vehicles on site	MPP	N	N	N	N	N	N	N	N
Sale or rental of utility trailer, heavy equipment, or machinery	N	SDP	SDP	SDP	N	N	N	N	N
Automobile repair and service	N	N	N	N	N	N	N	N	N
Car wash facility	N	SDP	SDP	SDP	N	SDP	N	N	N
Auto service if incidental to other permitted uses	N	MPP	MPP	MPP	N	N	N	N	N
Commercial, Retail and Services
Retail sales and services, excluding uses listed individually below	P	P	MPP	P	P	P	P	MPP	N
Retail sales and retail services, if incidental to other permitted uses	P	P	MPP	P	P	P	P	P	N
Financial institution	P	N	N	N	MPP	P	P	N	N
Financial institution with drive-through	N	N	N	N	N	N	N	N	N
Shopping center	N	MPP	MPP	P	P	P	P	MPP	N
Automotive showrooms	N	N	N	N	N	SDP	SDP	N	N
Retail sales with drive-through	N	N	N	N	N	N	N	N	N
Liquor store, within 200 feet of public schools	N	N	N	N	N	N	N	N	N
Liquor store, outside 200 feet of public schools	P	P	N	N	N	P	P	N	N
Animal hospital	SDP	SDP	N	SDP	N	SDP	SDP	N	N
Animal boarding	N	SDP	N	N	N	SDP	N	N	N
Animal grooming service	SDP	SDP	SDP	N	N	MPP	MPP	N	N
Animal shelter	N	SDP	SDP	SDP	N	N	N	N	N
Personal service	P	P	N	N	P	P	P	P	N
Service commercial	P	P	MPP	N	P	P	P	N	N
Childcare centers, business-sponsored	SDP	SDP	N	N	N	SDP	SDP	N	N
Childcare centers, 30 or fewer children	MPP	MPP	N	N	N	MPP	MPP	MPP	N
Childcare centers, more than 30 children	SDP	SDP	N	N	N	SDP	SDP	SDP	N
Payday lending establishment (refer to the section re: payday lending)	N	N	N	N	N	N	N	N	N
Massage establishment, subject to provisions of SMC Chapter 9.41	P	P	N	N	P	P	P	N	N
Adult business, subject to provisions of SMC Chapter 9.40	N	N	N	N	N	P	N	N	N
Restaurants, Eating and Drinking Establishments
Restaurant, without beer and wine	MPP	MPP	MPP	MPP	MPP	MPP	SDP	SDP	N
Restaurant, with beer and wine	MPP	MPP	MPP	MPP	MPP	MPP	SDP	SDP	N
Restaurant, with general liquor	SDP	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N
Restaurant, with drive-through	N	N	N	N	N	N	N	N	N
Restaurant, take-out only	MPP	MPP	MPP	MPP	N	MPP	MPP	SDP	N
Nightclub, bar, or entertainment establishment	SDP	SDP	SDP	SDP	SDP	SDP	SDP	N	N
Education, Recreation and Places of Assembly¹
Education - recreation and enrichment	N	N	N	N	N	MPP	MPP	MPP	SDP
Education - primary, middle, and high school	SDP	SDP	N	SDP	SDP	SDP	SDP	SDP	SDP
Education - institution of higher learning	N	N	N	N	N	SDP	SDP	N	SDP
Recreational and athletic facility	SDP	N	N	N	N	SDP	SDP	N	SDP
Place of assembly - business serving	SDP	N	N	N	N	SDP	SDP	N	SDP
Place of assembly - community serving	N	N	N	N	N	SDP	SDP	SDP	SDP
Safe parking site	See Chapter 19.66
Cardroom	N	N	N	N	N	N	N	N	N
Residential, Boarding and Lodging
Single-family dwelling	N	N	N	N	N	N	N	N	N
Two-family dwelling	N	N	N	N	N	N	N	N	N
Multi-family dwelling	N	N	N	N	N	SDP	SDP	SDP	N
Mobile home park	N	N	N	N	N	N	N	N	N
Single-room occupancy (SRO) living unit facility	N	N	N	N	N	N	SDP	SDP	N
Single-room occupancy (SRO) residential hotel	N	N	N	N	N	N	SDP	SDP	N
Residential care facility, 6 or fewer residents	N	N	N	N	N	N	SDP	SDP	N
Hotel or motel	SDP	SDP	N	N	SDP	SDP	SDP	N	N
Security personnel or caretakers sleeping quarters in conjunction with a primary office or manufacturing type use	MPP	MPP	N	N	N	N	N	N	N
Emergency shelter	N	N	N	N	N	N	N	N	N
Accessory dwelling unit	See SMC Chapter 19.79
Other
Accessory structures, including emergency generators (non-hazardous materials)	P	P	P	P	P	P	P	P	P
Incidental and accessory outdoor storage, mechanical equipment per SMC Chapter 19.82	MPP	MPP	MPP	MPP	N	N	N	N	N
Incidental and accessory outdoor storage, mechanical equipment per SMC Chapter 19.88	SDP	SDP	SDP	SDP	N	N	N	N	N
Electric distribution and transmission substations	N	SDP	SDP	SDP	N	N	N	N	SDP

Notes:
1	Educational and recreational uses and places of assembly shall not be located in retail centers in a manner that disrupts the flow of pedestrians between retail establishments.

(Ord. 3218-23 § 1; Ord. 3223-24, 2/6/2024; Ord. 3233-24, 11/19/2024)

§ 19.29.070 Office and residential intensity and density.

(a)

FAR and Density. Allowed FAR and residential density applicable for each zoning district are set forth in Table 2 of MPSP Section 4.4.

(b)

(c)

Bonus and Maximum FAR for Nonresidential Development.

(1)

Additional FAR may be allowed to exceed base FAR, up to the bonus FAR maximum, for developments that meet the following requirements:

(A)

Development agreement;

(B)

LEED BD+C Platinum and a whole building life cycle assessment;

(C)

On-site open space and improvement contribution;

(D)

Community benefit contribution.

(2)

Developments may also be allowed to exceed the bonus FAR maximum for the district through the Transfer of Development Rights (TDR) Program up to the total FAR maximum.

(d)

Density for Residential Development.

(1)

Minimum Density. All new residential development in the MP-AC and MP-R and MP-MU zoning districts shall be built to at least the minimum density as set forth in MPSP Section 4.3.

(2)

Residential developments shall meet the following requirements:

(A)

A minimum of one hundred twenty points on the GreenPoint Rated Checklist.

(B)

On-site open space and improvement contribution.

(e)

(f)

Height. All development shall comply with the maximum height limits set forth in MPSP Section 5.3.

(Ord. 3218-23 § 1)

§ 19.29.080 Neighborhood-serving uses.

(a)

Neighborhood Serving Uses Required. Neighborhood-serving uses shall be required per Figure 27 of MPSP Section 4.6.

(1)

Neighborhood-Serving Uses. The following land uses are considered neighborhood-serving retail and commercial uses:

Table 19.29.080
Neighborhood-Serving Uses in MPSP Districts
Use	Neighborhood-Serving Retail and Commercial Uses	Neighborhood-Serving Office and Community Uses
Office
Professional office	No	Yes
Medical office	No	Yes
Ground floor dependent office	No	Yes
Medical clinic	No	Yes
Commercial, Retail and Services
Retail sales and services (excluding retail sales and services with drive-through)	Yes	No
Financial institution (excluding financial institution with drive-through)	Yes	No
Shopping center	Yes	No
Automotive showrooms	Yes	No
Liquor store, outside 200 feet of public schools	Yes	No
Animal hospital	Yes	No
Animal boarding	Yes	No
Animal grooming service	Yes	No
Personal service	Yes	Yes
Service commercial	Yes
Childcare centers, 30 or fewer children	No	Yes
Childcare centers, more than 30 children	No	Yes
Art gallery	Yes	Yes
Restaurants, Eating and Drinking Establishments
Restaurant, without beer and wine	Yes	No
Restaurant, with beer and wine	Yes	No
Restaurant, with general liquor	Yes	No
Restaurant, with drive-through	Yes	No
Restaurant, take-out only	Yes	No
Education, Recreation and Places of Assembly
Education - recreation and enrichment	No	Yes
Education - institution of higher learning	No	Yes
Other
Manufacture, processing, repair, compounding, packaging, assembly or treatment plants or facilities for equipment, materials or products, including production bakeries and food processing activities, and "makers space" (Non-hazardous materials)1	Yes	Yes
Public service use or facility	No	Yes

Notes:
1	Subject approval by the director of community development through a Miscellaneous Plan Permit (MPP).

(b)

Neighborhood-Serving Uses. The following neighborhood-serving uses shall comply the standards set forth in MPSP Section 4.6:

(1)

Retail and commercial ground floors.

(2)

Medium format retail.

(3)

Neighborhood-serving office and community uses.

(4)

Community center and library uses.

(c)

(d)

Permit requirements are established in Table 19.29.060.

(Ord. 3218-23 § 1)

§ 19.29.090 Innovation and creation space.

(a)

Innovation and Creation Space. Innovation and creation spaces are required for new office, research and devel-opment, and industrial development except as set forth in MPSP Section 4.7.

(1)

Innovation Space. The following land uses are considered innovation space:

(A)

Professional office.

(B)

Medical office.

(C)

Ground floor dependent office.

(2)

Creation Space. The following land uses are considered creation space:

(A)

(B)

Research and development for start-ups and small businesses. See MPSP Section 4.7 for further clarification.

(C)

Education - institution of higher learning, subject to approval by the director of community develop-ment through a Miscellaneous Plan Permit (MPP).

(D)

Art gallery, subject to approval by the director of community development through a Miscellaneous Plan Permit (MPP).

(E)

Artist studio, subject to approval by the director of community development through a Miscellaneous Plan Permit (MPP).

(3)

Space shall be provided as innovation, creation, or a combination of both.

(4)

A minimum of 7.5% of all net new office and research and development space shall be provided as innova-tion space.

(5)

A minimum of five percent of all net new office and research and development space shall be provided as creation space.

(b)

Space may be consolidated into one site or adjacent sites with a Site Master Plan.

(c)

Space shall comply with standards listed in MPSP Section 4.7.

(d)

Permit requirements are established in Table 19.29.060.

(Ord. 3218-23 § 1)

§ 19.29.100 Development reserve, transfer of development rights, access, permit duration.

(a)

(b)

(1)

The MPSP establishes three TDR programs.

(A)

Public schools, publicly accessible open spaces, and community facilities.

(B)

Residential development.

(C)

Moffett Park ecological combining district.

The ECD does not limit the gross parcel area for determining the amount of development permitted to be transferred.

(3)

(Ord. 3218-23 § 1)

§ 19.29.110 Moffett Park Specific Plan site development standards.

Block structure.

Building setbacks.

Lot coverage and paving area.

(b)

(1)

Building height and ground floor elevation.

(2)

Building massing.

(3)

Ground flood design and building entries.

(4)

Usable open space.

(5)

Parking facility design.

(6)

Building elements and required facilities.

(c)

(d)

(1)

Provide findings on how the new development project meets the goals, policies, and intent of the standard where the exception is requested; and

(2)

Document constraints to meeting the standard. Exceptions from quantitative standards shall not deviate more than ten percent plus or minus from the standard.

(3)

Exceptions may apply to the following standards:

(A)

4.6 Neighborhood-Serving Uses

(B)

5.2.1 Block Structure

(C)

5.2.2 Building Setbacks

(D)

5.2.3 Lot Coverage and Paving Area

(E)

5.3.2 Building Massing

(F)

5.3.3 Ground Floor Design and Building Entries

(G)

5.3.5 Parking Facility Design

(H)

5.3.6 Building Elements and Required Facilities

(I)

6.6.3 Urban Forest

(J)

7.3 Complete Street Design Standards

(Ord. 3218-23 § 1)

§ 19.29.120 Transportation demand management and parking requirements.

Carpool/Vanpool and Electric Vehicles. A minimum number of carpool/vanpool and electric vehicles shall be provided by new development as set forth in the MPSP.

(e)

Loading. Off-street freight and equipment loading spaces shall be provided for all development as set forth in the MPSP.

(f)

(Ord. 3218-23 § 1)

§ 19.29.130 Landscaping and open space requirements.

(a)

Applicability. Landscape and open space standards apply in connection with new construction, replacement, or expansion in floor area of any structure.

(b)

Specific Plan. Refer to Section 5.4 and Chapter 6 of MPSP for additional open space and landscaping standards and requirements.

(c)

Additional Requirements. Refer to Chapter 19.37 of the Municipal Code for additional landscaping, irrigation, and open space requirements not covered by this section.

(d)

Table 19.29.130
Landscaping and Open Space Requirements
Zoning District	Usable Open Space	Other Landscaped Area	Surface Parking Lot Landscaped Area	Total Landscaped Area
MP-R	50 sq. ft./unit	20% of lot area	20% of the parking lot area, including associated drive aisles	No less than 20% of lot area
MP-AC, MP-MU	50 sq. ft./unit	12.5% of lot area
MP-H	—	12.5% of lot area
MP-O1, MP-O2	—	10% of lot area
MP-E1, MPE-2, MP-E3, MP-PH	—	10% of lot area

(Ord. 3218-23 § 1)

§ 19.30.010 Conformance required.

(Prior zoning code § 19.36.010; Ord. 2623-99 § 1)

§ 19.30.020 Required lot area and width.

Lot area and width shall be according to the provisions set forth in Table 19.30.020, except that all lots located within the DSP district shall conform to provisions set forth in Chapter 19.28.

Table 19.30.020
Required Net Lot Area and Width
Zoning District	Lot Area Minimum (Square feet)	Lot Area Per Dwelling Unit (Square Feet)	Lot Width at Minimum Front Yard Setback Corner (Feet)	Lot Width at Minimum Front Yard Setback Interior (Feet)	Lot Width at Minimum Front Yard Setback Cul-de-sac¹ (Feet)
R-0	6,000	6,000	62	57	45
R-1	8,000	8,000	82	76	45
R-1.5	4,200	4,200	45	42	40
R-1.7/PD	2 acres²	2,600²	³	³	³
R-2⁷	8,000	3,600	82	76	60
R-3^{7, 8}	8,000	1,800	82	120	60
R-4^{7, 8}	8,000	1,200	82	120	60
R-5⁸	8,000	950	82	76	60
R-MH	9 Acres	1,500⁴	None	None	None
R-MH	9 Acres	1,800⁵	None	None	None
O⁶	8,000	None	82	76	60
P-F	None	None	None	None	None
C-1	None	None	None	None	None
C-2	None	None	None	None	None
C-3	None	None	None	None	None
C-4	None	None	None	None	None
M-S	22,500	None	100	100	80
M-3	22,500	None	100	100	80

Notes:
1	Also applicable to lots on the exterior side of a street with a centerline radius of four hundred feet or less.
2	Maximum lot area shall not exceed four thousand square feet.
3	As determined by planned development requirements. A minimum site area of 2.0 acres also required.
4	1,500 square feet nonexpandable mobile home.
5	1,800 square feet expandable mobile home.
6	Must be contiguous with similarly zoned land of at least 40,000 square feet (net).
7	Lot area and lot width less than the minimum required may be allowed through approval of a use permit or special development permit provided that overall density is consistent with the zoning district.
8	Number of dwelling units allowed for R-3, R-4 and R-5 is pursuant to Table 19.30.040.

(Prior zoning code § 19.36.020; Ord. 2623-99 § 1; Ord. 2683-01 § 3; Ord. 2810-06 § 4; Ord. 2905-09 § 7)

§ 19.30.030 Average lot area-Reduction.

(Prior zoning code § 19.36.030; Ord. 2623-99 § 1)

§ 19.30.040 Dwelling units allowed in multiple-family zoning districts.

Table 19.30.040
Number of Dwelling Units Allowed: R-3, R-4 and R-5 Zoning Districts
Number of Units Allowed	Minimum Net Lot Area (square feet) Zoning District:
Number of Units Allowed	R-3	R-4	R-5
1	6500 or less (legally created)	6500 or less (legally created)	6500 or less (legally created)
2	6500	6500	6500
3	7200	7200	7200
4	8000	8000	8000
5	1 unit for each 1800 sq. ft.	9000	9000
6	1 unit for each 1800 sq. ft.	10000	10000
7	1 unit for each 1800 sq. ft.	11000	11000
8	1 unit for each 1800 sq. ft.	12000	12000
9	1 unit for each 1800 sq. ft.	13000	13000
10	1 unit for each 1800 sq. ft.	14000	14000
11	1 unit for each 1800 sq. ft.	15000	15000
12	1 unit for each 1800 sq. ft.	16000	16000
13	1 unit for each 1800 sq. ft.	17000	17000
14	1 unit for each 1800 sq. ft.	18000	18000
15	1 unit for each 1800 sq. ft.	19000	19000
16	1 unit for each 1800 sq. ft.	20000	20000
17	1 unit for each 1800 sq. ft.	21000	21000
18	1 unit for each 1800 sq. ft.	22000	22000
19	1 unit for each 1800 sq. ft.	23000	23000
20	1 unit for each 1800 sq. ft.	24000	24000
21	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
22	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
23	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
24	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
25	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
26	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
27	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
28	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
29	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.
30	1 unit for each 1800 sq. ft.	1 unit for each 1200 sq. ft.	1 unit for each 950 sq. ft.

(Prior zoning code § 19.36.035; Ord. 2976-12 § 1; Ord. 2623-99 § 1)

§ 19.30.050 Multiple buildings on lot-When permitted.

(Prior zoning code § 19.36.050; Ord. 2623-99 § 1)

§ 19.30.060 Minimum floor elevations.

(Prior zoning code § 19.36.070; Ord. 2623-99 § 1)

§ 19.32.010 Conformance required.

(Prior zoning code § 19.40.010; Ord. 2731-03 § 2; Ord. 2623-99 § 1)

§ 19.32.020 Building height, lot coverage and floor area ratio.

(a)

Maximums. Maximum building height, lot coverage, and floor area ratio are shown in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio), with the following exceptions:

C-2 and C-3. In the C-2 and C-3 zoning districts, hotels may exceed seventy-five feet in height if allowed by use permit.

(6)

(7)

Other Exceptions. Other exceptions described in this chapter apply.

(b)

Table 19.32.020
Building Height, Lot Coverage and Floor Area Ratio
Zoning District	Building Stories	Building Height (ft.)	Lot Coverage	Floor Area Ratio (FAR)
R-0	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-1	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-1.5	2	30	40%	50%
R-1.7/PD	2	30	40%	50%
R-2 (single-family dwellings)	2	30	45% (single-story dwellings) 40% (two-story dwellings)	45% FAR or 3,600 sq. ft. of gross floor area, whichever is less
R-2 (all uses other than single-family dwellings)	2	30	45% (single-story dwellings) 40% (two-story dwellings)	55%
R-3	3	35	40%	None
R-4	4	55	40%	None
R-5	4	55	40%	None
R-MH	2	30	None	None
O	2	30	40%	None
P-F	N/A	See Section 19.32.020(a)	See Section 19.32.020(a)	N/A
C-1	2	40	35%	None
C-2	8	75	35%	None
C-3	8	75	35%	None
C-4	2	40	35%	None
M-S	8	75	45%	35%
M-S (70% FAR)	8	75	45%	70%
M-S (100% FAR)	8	100	45%	100%
M-3	8	75	45%	35%

§ 19.32.030 Buildings heights-Increased-When.

(a)

(b)

(Prior zoning code § 19.40.030; Ord. 2623-99 § 1; Ord. 2904-09 § 3; Ord. 2988-12 § 8; Ord. 3038-14 § 2)

§ 19.32.040 Building heights-Distance from property line.

(a)

(b)

(Prior zoning code § 19.40.040; Ord. 2810-06 § 6; Ord. 2623-99 § 1)

§ 19.32.050 Public parking zoning districts-Regulations not applicable.

(Prior zoning code § 19.40.050; Ord. 2623-99 § 1)

§ 19.32.060 Limitations on paved surfaces in R-0 and R-1 zoning districts-Required front yard.

(Prior zoning code § 19.40.060; Ord. 2623-99 § 1)

§ 19.32.070 Floor area ratio (FAR).

(a)

The total floor area ratio of all buildings on a parcel zoned M-S or M-3 and occupied in whole or in part by the following uses shall not exceed thirty-five percent:

(1)

Administrative, professional, medical and research and development offices and uses;

(2)

Financial institutions, such as banks and savings and loan associations, except drive-through facilities;

(3)

(4)

Public utility buildings and service facilities, electric transmission and distribution substations, and public utility service centers;

(5)

Amusement, athletic, cultural and recreational enterprises;

(6)

Businesses selling merchandise or products at retail or services (such as real estate brokerage services);

(7)

Hazardous materials storage facilities not governed by Section 19.22.060 or Chapter 19.82.

(b)

The following are exceptions to the total floor area ratios set forth in subsection (a):

(1)

Hazardous materials storage facilities governed by Section 19.22.060 or Chapter 19.82;

(2)

Buildings permitted by use permits;

(3)

Temporary offices except floor area will be included for such offices in place for more than four years;

(4)

Architectural design features not utilized for occupancy or storage;

(5)

(c)

The floor area ratios for intensification sites are as follows:

(1)

M-S (One Hundred Percent FAR). Parcels within the area as delineated on the zoning map, are allowed a maximum one hundred percent floor area ratio.

(2)

M-S (Seventy Percent FAR). Parcels within the area delineated on the zoning map, are allowed a maximum seventy percent floor area ratio.

(d)

Commercial storage and warehouse uses are limited to fifty percent floor area ratio unless otherwise approved by use permit.

(Prior zoning code §§ 19.32.142, 19.32.145(h), 19.51.035(a)(4); Ord. 2623-99 § 1; Ord. 2655-01 § 2; Ord. 2905-09 § 9; Ord. 2975-12 § 2)

§ 19.32.080 Interpretation and application of floor area ratio in M-S (industrial and service) and M-3 (general industrial) districts.

This section is enacted to supplement and to assist in the interpretation and administration of Table 19.32.020.

(a)

(b)

(c)

A use permit is required where the addition or expansion of use(s) subject to FAR limitations to an existing building(s) results in an FAR exceeding the maximum allowed.

(Prior zoning code § 19.32.145; Ord. 2623-99 § 1; Ord. 2733-03 § 2)

§ 19.32.090 FAR in ITR (industrial to residential) district.

New construction, expansion or reconstruction of an existing building in an ITR district shall not exceed thirty-five percent except as allowed by use permit.

(Prior zoning code §§ 19.20.356, 19.20.358; Ord. 2623-99 § 1)

§ 19.32.100 FAR in downtown specific plan.

FAR requirements for the downtown specific plan are as permitted in Table 19.28.080.

(Ord. 2623-99 § 1)

§ 19.32.110 City council action where FAR exceeds delineated threshold in M-S and M-3 districts.

The city council shall be the approval authority for any new industrial development in the M-S or M-3 districts pro-posing an FAR in excess of that prescribed by this chapter.

(Ord. 2623-99 § 1; Ord. 2744-04 § 4)

§ 19.34.010 Purpose.

This chapter establishes the minimum front yard, side yard and rear yard building setbacks for all zones.

(Ord. 2623-99 § 1)

§ 19.34.020 Conformance required.

(Prior zoning code § 19.44.010; Ord. 2623-99 § 1)

§ 19.34.030 Required yards.

Yards shall be required as set forth in Table 19.34.030, except that all lots located within the DSP district shall con-form to provisions set forth in Chapter 19.28.

Table 19.34.030 Required Yards
Zoning District	Front Yard Minimum^{1, 2}	Front Yard Average^{1, 2}	Side Yards Total^{1, 3, 4}	Side Yards One Side^{1, 4}	Rear Yard^{1, 6}
R-0	15	20	20% of lot width but not less than 10 ft.⁸	4 ft.	20
R-1.5	20	20	12	4	20
R-1.7	15	20	12	4	20
R-2	15	20	20% of lot width but not less than 10 ft.⁸	4	20
R-1	15	20	20% of lot width but not less than 15 ft.⁸	6	20
R-3	15	20	15	6	20
R-4	20	None	20	9	20
R-5	20	None	20	9	20
R-MH	None	None	None	None	None
O	20	None	15	6	20
P-F	Pursuant to Footnote 6	Pursuant to Footnote 6	Pursuant to Footnote 6	Pursuant to Footnote 6	Pursuant to Footnote 6
C-1⁷	70	None	None	None	None
C-2⁷	70	None	None	None	None
C-3⁷	70	None	None	None	None
C-4⁷	20	None	None	None	None
M-S⁷	25	None	20	None	None
M-3⁷	25	None	20	None	None

Notes:
¹	Refer to Chapter 19.56 for deviations to required setbacks to accommodate installation of solar energy systems.
²	For development or additions on single lots in zoning districts where there is an average requirement, the minimum setback must meet the average figure.
³	Combined total of the two side yards added together.
⁴	Increased setbacks for multiple stories may also be required by Section 19.34.080.
⁵	Residential zoning districts allow a one-story encroachment into the rear setback as provided in 19.48.050.
⁶	The minimum front yard, side yards and rear yard required in this district shall be equal to those required in the most restrictive abutting zoning district. One-half foot shall be added to each yard for each foot that the building exceeds the maximum height allowed in the most restrictive abut-ting district.
⁷	Increased setbacks for commercial or industrial zoned properties may also be required by Section 19.34.070 or 19.34.110.
⁸	When calculating setbacks as a percentage of lot width, the resulting setback shall be rounded to the nearest foot (e.g., 12.4 feet = 12 ft. required and 15.7 ft.= 16 ft. required). Lot width is measured at the front setback per Section 19.12.130(18).

(Prior zoning code §§ 19.32.080(e)(2), 19.44.020, 19.44.020 Table; Ord. 2875 § 3; Ord. 2623-99 § 1; Ord. 2649-00 § 6; Ord. 2683-01 § 5; Ord. 2909-09 § 1)

§ 19.34.040 Front yard-Average and reduction.

(a)

In the R-0, R-1, R-2 and R-3 zoning districts, the average front yard depth of each development of two or more adjoining lots shall not be less than twenty feet, provided that:

(1)

The variation on depth between front yards of adjoining lots shall not be less than three feet;

(2)

The depth of the front yards of not more than two adjoining lots on the same street may be the same;

(3)

The requirement of subsections (1) and (2) above shall not apply to lots on a curvilinear street having a centerline radius of four hundred feet or less, or to cul-de-sac lots; and

(4)

The provisions of this subsection shall not apply to front yards which may be reduced in accordance with subsection (b).

(b)

(c)

(d)

In the C-1, C-2 and C-3 zoning districts, the required front yard may be reduced provided that each of the follow-ing conditions is satisfied:

(1)

(2)

The landscaping area in front of the structure or structures is increased by an amount equal to the area occu-pied by that portion of the structure within the front yard otherwise required.

(e)

(1)

The use of the property as an automobile service station has been otherwise approved by the planning commission or city council; and

(2)

In no event shall the pump island, canopy or support be closer than fifteen feet to any public right-of-way or official plan line.

(f)

Within the boundaries of any public parking district, the minimum front yard shall be fifteen feet as measured from the inside edge of the public sidewalk.

(Prior zoning code § 19.44.070; Ord. 3194-22 § 8; Ord. 2623-99 § 1)

§ 19.34.045 Front yard setback requirements for residential developments in specified zoning districts.

In any two-story residential development in an R-0, R-1 or R-2 zoning district, the front yard setback for the second story shall be not less than twenty-five feet.

(Ord. 2650-00 § 4)

§ 19.34.050 Front setback requirements for multistory residential developments.

(Prior zoning code § 19.44.075; Ord. 2623-99 § 1)

§ 19.34.060 Vision triangles.

(a)

Definitions.

"Corner vision triangle"

(A)

Draw imaginary straight lines that extend the front property lines until they intersect at a single point (Point X);

(B)

Locate two points along each property line that are forty feet from the intersection point (Points A and B); and

(C)

Connect all three points to form a triangle.

"Driveway vision triangle"

(A)

Use the point where the inside edge of the sidewalk and the edge of the driveway intersect (Point X);

(B)

(C)

Connect all three points to form a triangle.

"Extended driveway vision triangle"

means a triangular area measured in a similar manner as a driveway vision triangle but with the following dimensions (see Figure 19.34.060 Vision Triangles for illustration):

(A)

The point along the edge of the sidewalk (Point A) is forty feet from the intersection point (Point X); and

(B)

The point along the edge of the driveway (Point B) is fifteen feet from Point X.

(b)

Applicability.

(1)

Any structure, vegetation or parking space is subject to corner and driveway vision triangle requirements unless specifically stated otherwise in this section.

(2)

New structures, including signs, are subject to extended vision triangle requirements when located on lots with more than 100 parking spaces.

(3)

The following locations are exempt from vision triangle requirements:

(A)

Downtown Specific Plan District. Properties within the DSP Blocks 1, 1a, 2, 3, 7, 18, 21 and 22.

(B)

El Camino Real Specific Plan District. Intersections and driveways controlled with a traffic light or four‐way stop in the El Camino Real Specific Plan.

(C)

Village Center Master Plan. Intersections and driveways controlled with a traffic light or four‐way stop in the Village Center Master Plan area.

(D)

Public Parking District. Properties within the public parking district.

(c)

Parking Spaces. Parking areas are prohibited in all vision triangles.

Open Fences. "Open fences" as defined in Section 19.48.020 (General fence requirements) may be located in a vision triangle.

(e)

Special Requirements for Safety. The director may require additional setbacks if needed for pedestrian, motorist, or bicyclist safety.

Figure 19.34.060 Vision Triangles

(Prior zoning code § 19.44.040; Ord. 2623-99 § 1; Ord. 2981-12 § 8; Ord. 2992-13 § 7; Ord. 3194-22 § 9; Ord. 3242-25, 7/29/2025)

§ 19.34.070 Front, side and rear yards-Increase in industrial zoning districts-When required.

(a)

(b)

(Prior zoning code § 19.44.060; Ord. 2623-99 § 1)

§ 19.34.080 Side yards-Increase-Multi-story.

(a)

(b)

(Prior zoning code §§ 19.44.027, 19.44.030; Ord. 2623-99 § 1; Ord. 2650-00 § 5)

§ 19.34.090 Side yards-R-1.5 zoning district.

(a)

(b)

No dwelling in the R-1.5 zoning district shall be closer than twelve feet from any other dwelling.

(Prior zoning code § 19.44.025; Ord. 2623-99 § 1)

§ 19.34.100 Side yards-Modifications-When allowed.

(a)

(b)

(Prior zoning code § 19.44.035; Ord. 2907-09 § 6; Ord. 2623-99 § 1)

§ 19.34.110 Side and rear yards-Increase in commercial zoning districts-When required.

(Prior zoning code § 19.44.050; Ord. 2623-99 § 1)

§ 19.35.010 Lawrence Station Area Specific Plan district established.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.020 Incorporation of Lawrence Station Area Plan, purpose, and findings.

(a)

(b)

(c)

The council finds that the LSAP will:

(1)

Protect and promote the public health, safety, peace, comfort and general welfare;

(2)

Establish the procedure for adoption of the orderly physical development of the LSAP District by defining development procedures and requirements to obtain the objectives of the LSAP;

(3)

Promote the city's goals of smart growth and sustainable development;

(4)

Diversify and strengthen the residential and economic opportunities and fiscal health of the city.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.030 LSAP regulations generally.

(a)

(b)

(c)

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.040 LSAP district zoning designations.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.050 Permitted, conditionally permitted, and prohibited uses.

(a)

Use Table. Table 19.35.050 sets forth those uses which are permitted, conditionally permitted, or prohibited in each of the LSAP districts.

(1)

(2)

(3)

Special Development Permit (SDP). A use shown with "SDP" requires approval of a special development permit, in accordance with the provisions of Chapter 19.90, Special Development Permit. If there is an existing valid use permit or special development permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another use permit or special development permit.

(4)

(5)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if a Special Development Permit is listed in Table 19.35.050 or in Section 19.35.050(c).

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit or special development permit without obtaining the required permit.

(c)

Table 19.35.050
Permitted, Conditionally Permitted, and Prohibited Uses in LSAP Districts
Use		LSAP Zoning District
Use		MXD-I and MXD-I/S	MXD-II	MXD-III and MXD-IV	R-5	M-S/LSAP	M-S/LSAP 60% and 120%
1.	*Residential*
A.	Single-family dwelling	N	N	N	N	N3	N3
B.	Two-family dwelling	N	N	N	N	N	N
C.	Multi-family dwelling (3 or more units, or more than 1 main building) and accessory buildings and uses	P	P	P	P	N	N
D.	Mobile home park	N	N	N	N	N	N
E.	Single-room occupancy facilities	SDP	SDP	SDP	SDP	N	N
F.	Live/work unit	SDP	SDP	SDP	SDP	N³	N³
G.	Residential care facility, 6 or fewer residents	P	P	P	P	N	N
H.	Emergency shelter	N	N	N	N	SDP	SDP
I.	Accessory dwelling units	See 19.79	See 19.79	See 19.79	See 19.79	N	N
2.	*Child and adult day care*
A.	Commercial child care center	SDP	SDP	SDP	SDP	SDP	N
B.	Business-sponsored child care center	SDP	SDP	SDP	SDP	SDP	SDP
C.	Adult day care center	SDP	SDP	SDP	SDP	SDP	N
3.	*Education, recreation, and places of assembly*
A.	Education–primary middle and high school	N	N	SDP	SDP	N	N
B.	Education–institution of higher learning	SDP	SDP	SDP	N	SDP	SDP
C.	Education–recreation and enrichment	MPP	MPP	MPP	MPP	MPP	N
D.	Recreational and athletic facility	SDP	SDP	SDP	SDP	SDP	SDP
E.	Place of assembly–business serving	SDP	SDP	SDP	SDP	SDP	SDP
F.	Place of assembly–community serving	SDP	SDP	SDP	SDP	SDP	N
4.	*Commercial, retail, and service*
A.	Retail sales (excluding uses listed individually below)	MPP	MPP	MPP	N	P	MPP
B.	Retail sales and retail service, if incidental to other permitted uses	P	P	P	MPP	P	P
C.	Retail sales with drive-through	N	N	N	N	SDP	N
D.	Shopping center	SDP	SDP	SDP	N	P	N
E.	Liquor store	MPP	MPP	MPP	N	MPP	N
F.	Animal hospitals, clinics and boarding	SDP	SDP	SDP	N	SDP	SDP
G.	Personal service	P	P	P	N	P	MPP
H.	Financial institution	P	P	P	N	P	P
I.	Financial institution with drive-through	N	N	N	N	N	N
J.	Hotel	SDP	SDP	SDP	N	SDP	SDP
K.	Automobile service station	N	N	N	N	N	N
L.	Automobile service station with retail sale of groceries at permitted stations	N	N	N	N	MPP	N
M.	Automobile service station with retail sale of beer and wine at permitted stations¹	N	N	N	N	SDP	N
N.	Vehicle sales or rental, retail	N	N	N	N	N	N
O.	Auto broker or vehicle sales, wholesale	N	N	N	N	N	N
P.	Sale or rental of heavy equipment or machinery	N	N	N	N	N	N
Q.	Vehicle service and repair	N	N	N	N	N	N
R.	Car wash	N	N	N	N	N	N
S.	Service commercial	P	P	P	N	P	MPP
T.	Payday lending	N	N	N	N	SDP	N
U.	Card room	N	N	N	N	N	N
V.	Massage establishment²	P	P	P	N	P	P
W.	Adult business	N	N	N	N	N	N
5.	*Restaurants*
A.	Restaurant, with or without beer and wine	MPP	MPP	MPP	N	MPP	N
B.	Restaurant with general liquor	MPP	MPP	MPP	N	MPP	N
C.	Restaurant with drive-through	N	N	N	N	N	N
D.	Restaurant with entertainment	MPP	MPP	SDP	N	MPP	N
E.	Take-out only restaurant	MPP	MPP	MPP	N	MPP	N
F.	Nightclub, bar, or entertainment use	SDP	SDP	SDP	N	SDP	N
6.	*Industrial, manufacturing, and warehousing*
A.	Manufacture, repair, compounding, packaging, assembly, or facilities for equipment, materials or products	MPP	MPP	MPP	N	P	P
B.	Hazardous materials storage as defined in Titles 20 (above ground) and 21 (underground) - Ancillary to permitted use on site	N	N	N	N	MPP	P
C.	Hazardous wastes management facilities which meet the criteria outlined in Section 19.22.070	N	N	N	N	N	MPP
D.	Auto wrecking, junk, salvage, scrap metal or waste material storage yards	N	N	N	N	N	N
E.	Wholesale or commercial storage or warehousing of merchandise or products within a building	SDP	SDP	N	N	MPP	MPP
F.	Self-storage (mini-warehouse)	N	N	N	N	N	N
G.	Incidental and accessory storage, mechanical equipment which meet criteria in Chapter 19.82 (five percent net coverage and screened)	MPP	MPP	MPP	MPP	MPP	MPP
7.	*Office and medical*
A.	Professional or medical office	P	P	P	SDP	P	P
B.	Corporate office or research and development office	P	P	P	SDP	P	P
C.	Medical clinic	MPP	MPP	MPP	SDP	MPP	MPP
D.	Convalescent hospital	SDP	SDP	SDP	SDP	SDP	N
E.	Hospital	SDP	SDP	SDP	N	SDP	N
8.	*Agricultural and resource-related*
A.	Agricultural use	N	N	N	N	N	N
B.	Salt evaporation pond	N	N	N	N	N	N
C.	Neighborhood-serving community gardens and associated accessory structures for growing of fruits, vegetables, and whole grains	SDP	SDP	SDP	SDP	N	N
9.	*Public*
A.	Public use	P	P	P	P	P	P
B.	Public utility buildings and services, electric transportation and distribution substations and public utility service centers	SDP	SDP	N	N	SDP	SDP
10.	*Other*
A.	Commercial marijuana activities and outdoor cultivation	N	N	N	N	N	N
B.	Stand-alone parking structures and surface lots	SDP	SDP	N	N	SDP	SDP
C.	Off-site stadium event parking	N	N	N	N	MPP	MPP
D.	Emergency containers (ARKs) meeting criteria described in Section 19.22.050	MPP	MPP	MPP	N	MPP	MPP
E.	Emergency containers other than ARKs	N	N	N	MPP	MPP	N

Notes:
¹	Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020 (i) and/or (j), as applicable.
²	Subject to provisions of Chapter 9.41.
³	Except caretaker residence ancillary to a permitted use.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2; Ord. 3223-24, 2/6/2024)

§ 19.35.060 LSAP density, floor area ratio (FAR), height, and lot coverage requirements.

(a)

Allowable Residential Density. Allowable dwelling unit per acre (du/ac) densities for residential development are listed in Table 19.35.060 for each LSAP zoning district.

Development in the R-5 district is not eligible for the incentive program, as densities are determined by lot area as specified in SMC 19.30.020.

(b)

Allowable Nonresidential Floor Area Ratio (FAR). Allowable FAR for nonresidential development is listed in Table 19.35.060 for each LSAP zoning district.

Lot Coverage. Accounting for the minimum site landscaped area in Table 19.35.090, the maximum lot coverage for all LSAP zoning districts is eighty percent.

Table 19.35.060
Allowable Density, FAR, and Height Limits in LSAP Districts
District	Name	Use	Residential Density (du/ac)^1,2		Nonresidential FAR		Maximum Residential and Nonresidential Height (feet)
District	Name	Use	Base Maximum Density	Total Available Incentive Points	Base Maximum (non-retail) or Minimum (retail)	Maximum (with incentives)³	Maximum Residential and Nonresidential Height (feet)
MXD-I	Flexible Mixed-Use I	Residential (du/acre)	45	35	N/A	N/A	100
MXD-I	Flexible Mixed-Use I	Office/R&D/ Industrial (FAR)	N/A	N/A	35%	150%
MXD-I/S	Flexible Mixed-Use I/Sonora Court	Residential	54	26	N/A	N/A	100
MXD-I/S	Flexible Mixed-Use I/Sonora Court	Office/R&D/ Industrial	N/A	N/A	35%	150%
MXD-II	Flexible Mixed-Use II	Residential	36	32	N/A	N/A	100
MXD-II	Flexible Mixed-Use II	Office/R&D/ Industrial	N/A	N/A	35%	150%
MXD-III	Flexible Mixed-Use III	Residential	28	17	N/A	N/A	55
MXD-III	Flexible Mixed-Use III	Office/R&D/ Industrial	N/A	N/A	35%	100%
MXD-IV	Flexible Mixed-Use IV	Residential	28	17	N/A	N/A	55
		Office/R&D/ Industrial	N/A	N/A	35%	50%
		Retail	N/A	N/A	25%	None
R-5	High Density Residential and Office	Residential and certain nonresidential uses per SMC Table 19.55.050	Based on lot area. See SMC Table 19.30.040	N/A	Per Special Development Permit (SDP)	Per SDP	55
M-S/LSAP	LSAP Industrial and Service	Office/R&D/ Industrial	N/A	N/A	35%	150%	85
M-S/LSAP	LSAP Industrial and Service	Retail	N/A	N/A	25%	None
M-S/LSAP 60%	LSAP Industrial and Service 60%	Office/R&D/ Industrial	N/A	N/A	35%	60%	85
M-S/LSAP 120%	LSAP Industrial and Service 120%	Office/R&D/ Industrial	N/A	N/A	35%	120%	85

Notes:
¹	LSAP Policy D-P4 requires new residential development in the LSAP area to build to at least 85 percent of the zoning district's base maximum density.
²	Additional densities may be achieved above the base maximum density or density obtained through the city's green building program and/or LSAP development incentives program by providing affordable housing consistent with the State Density Bonus Law (Government Code 65915). Additional densities above the base maximum density are calculated in the following order: apply the density bonus percentage from the city's green building program, add the incentive points gained through the LSAP development incentives program, then apply the State Density Bonus percentage achieved by the project.
³	LSAP Policy D-P6 and the LSAP development incentives program requires a development agreement for additional office, R&D, and industrial FAR above the base maximum. Development agreements are not required for office, R&D, and industrial projects consistent with the additional FAR allowed through participation in the city's green building program. Development agreements are also not required for standalone retail or mixed-use residential/retail projects.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.070 LSAP setback and parcel size requirements.

Table 19.35.070
Setback and Parcel Size Requirements in LSAP Districts
	MXD-I	MXD-I/S	MXD-II	MXD-III	MXD-IV	R-5	M-S/LSAP	M-S/LSAP 60% and 120%
Parcel Size
Minimum lot size	22,500	22,500	22,500	22,500	22,500	20,000	22,500	22,500
Minimum lot width	200'	200'	200'	200'	100'	135'	100'	100'
Front Yard Setbacks
Kifer Road	15'	N/A	15'	N/A	N/A	N/A	15'	15'
Sonora Court¹	N/A	25'	15'	N/A	N/A	N/A	N/A	N/A
San Zeno Way	15'	15'	N/A	N/A	N/A	N/A	N/A	N/A
Aster Avenue	N/A	N/A	N/A	15'	N/A	N/A	N/A	N/A
Willow Avenue³	N/A	N/A	N/A	10'	10'	15'	N/A	N/A
Reed Avenue	N/A	N/A	N/A	N/A	15'	N/A	N/A	N/A
Loop Road³	10'	10'	N/A	N/A	N/A	N/A	10'	N/A
Internal streets	10'	10'	10'	10'	10'	10'	10'	10'
Primary or secondary shared-use paths	10'	10'	10'	N/A	10'	10'	10'	10'
Calabazas Creek²	25'	N/A	25'	N/A	N/A	N/A	N/A	N/A
Lawrence Station Road	15'	N/A	N/A	N/A	N/A	N/A	15'	N/A
Lawrence Expressway	15'	15'	N/A	N/A	15'	N/A	15'	N/A
Uranium Drive	N/A	N/A	15'	N/A	N/A	N/A	N/A	N/A
Side Yard Setback
Minimum	10'	10'	10'	10'	None	10'	10'	10'
Minimum adjacent to residential uses	20'	10'	20'	20'	None	10'	20'	20'
Rear Yard Setback
Minimum	10'	10'	10'	10'	None	10'	None	10'
Setback Between Main Buildings on the Same Lot
Minimum distance at ground level, regardless of stories	20'	10'	20'	20'	20'	20'	20'	20'

Notes:
¹	Dependent on location of existing redwood trees.
²	Subject to streamside development review criteria pursuant to Chapter 19.81.
³	Per LSAP Guideline SP-UDG3, retail uses may have a primary building façade at the street right-of-way/property line (zero foot setback), with up to a ten foot maximum setback from the property line.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.080 Parking standards.

(a)

Table 19.35.080A
Off-Street Vehicle Parking Space Requirements
Land Use Category	LSAP Parking Requirement
Residential	Minimum (per unit)	Maximum (per unit)
Studio and one-bedroom	1	1.5
Two-bedroom	1.25	2
Three + bedrooms	1.7	2
Senior housing	Multiply bedroom requirement by 0.5
Affordable housing (deed restriction)	Multiply bedroom requirement by 0.5
Office, R&D, and Industrial	Minimum (per 1,000 SF)	Maximum (per 1,000 SF)
Office	2.75	4
R&D	2	3.2
Industrial	2	2.5
General Retail and Restaurants	Minimum (per 1,000 SF)	Maximum (per 1,000 SF)
Retail-Freestanding	4	5
Retail-Part of Mixed use	2	4
Restaurants-Freestanding	9	13
Restaurants-Part of Mixed Use	4	7

(b)

Table 19.35.080B
LSAP Bicycle Parking Requirements
Use	Required Number of Bicycle Parking Spaces
Residential	Minimum total 4 Class II spaces for all residential developments
1. General, multi-dwelling	1 Class I per 4 units + 1 Class II per 15 units
2. Low-income housing, multi-dwelling	1 Class I per 3 units + 1 Class II per 15 units
3. Senior housing, multi-dwelling	1 Class I per 20 units + 1 Class II per 15 units
Retail/Commercial	1 Class I per 30 employees + 1 Class II per 6,000 sq. ft.
Office/Industrial/R&D	1 Class I per 75% of 6,000 sq. ft. + 1 Class II per 25% of 6,000 sq. ft.
Mixed-Use	Mixed uses shall provide bicycle parking for the residential and nonresidential uses in the proportions required by this section

Note: The minimum number of Class II bike spaces in any location should be 2 (4-bicycle capacity).

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.090 Landscape and open space standards.

Table 19.35.090
LSAP Landscape and Open Space Standards
	MXD-I, MXD-I/S, MXD-II, MXD-III, MXD-IV, R-5	M-S/ LSAP, M-S/ LSAP 60%, M-S/ LSAP 120%
Usable Open Space-Residential^{1, 2}	50 sf/unit	N/A
Landscaped Area	20%	20%
Surface Parking Lot Landscaped Area	20%	20%
Total Landscaped Area	No less than 20%

Notes:
¹	Usable open space may not be located in any required front yard area for projects with a front yard setback deviation. Otherwise, up to fifty percent of the required front yard area may be counted toward the useable open space requirement.
²	Balconies with a minimum of six feet in any dimension and a total of fifty square feet qualify as usable open space.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.35.100 Conflicts.

(Ord. 3103-16 § 2; Ord. 3181-21 § 2)

§ 19.36.010 El Camino Real Specific Plan district established.

(Ord. 3194-22 § 1)

§ 19.36.020 Incorporation of ECRSP, purpose, and findings.

(a)

(b)

(c)

The council finds that the ECRSP will:

(1)

Protect and promote the public health, safety, peace, comfort, and general welfare;

(2)

Establish the procedure for adoption of the orderly physical development of the ECRSP district by defining development procedures and requirements to obtain the objectives of the ECRSP;

(3)

Promote the city's goals of smart growth and sustainable development;

(4)

Diversify and strengthen the commercial and residential opportunities and fiscal health of the city.

(Ord. 3194-22 § 1)

§ 19.36.030 Applicability.

(a)

The regulations contained in this chapter shall apply in the ECRSP district, in conjunction with the standards, guidelines, and plans contained in the ECRSP document.

(b)

(c)

(1)

Permitted uses are as identified in Section 19.36.060.

(2)

Daylight plane standards are as required by Section 19.36.100.

(d)

(1)

Daylight plane standards are as required by Section 19.36.100.

(e)

In the event of any conflict between the provisions of this chapter and the provisions of the Sunnyvale Municipal Code, the provisions of this chapter shall prevail.

(f)

(Ord. 3194-22 § 1)

§ 19.36.040 Definitions.

"Build-to line"

means the portion of a building frontage in a mixed-use development that is built along the frontage zone setback, as measured from the new right-of-way line.

"Daylight plane"

"Development"

means the construction of a new building or buildings or additions or modifications to buildings.

"Ground floor finish level"

means the uppermost surface of the ground floor of a building once finishes have been applied.

"Stepback"

"Use"

means the purpose for which land or a building is intended or for which it may be occupied or maintained.

(1)

(Ord. 3194-22 § 1)

§ 19.36.050 Zoning districts.

The ECRSP establishes the following zoning districts:

El Camino Real – Medium Density Residential (ECR-R3) District. The ECR-R3 zoning district is reserved for the construction, use, and occupancy of not more than twenty-four dwelling units per acre.

(f)

El Camino Real – High Density Residential (ECR-R4) District. The ECR-R4 zoning district is reserved for the construction, use, and occupancy of not more than thirty-six dwelling units per acre.

(Ord. 3194-22 § 1)

§ 19.36.060 Permitted development types and uses.

(a)

(1)

Permitted (P).

(A)

A use shown with "P" in the table is allowed subject to compliance with all applicable provisions of this title.

(B)

If the proposed use includes no new construction, additions, or changes to the exterior of the building, the use is permitted to occur within existing enclosed buildings.

(C)

(2)

Miscellaneous Plan Permit (MPP).

(A)

A use shown with "MPP" in the table requires the approval of a miscellaneous plan permit, in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit.

(B)

(3)

Design Review (DR).

(A)

A development type shown with "DR" requires design review approval, in accordance with the provisions of Chapter 19.80, Design Review.

(4)

Special Development Permit (SDP).

(A)

A use or development type shown with "SDP" requires approval of a special development permit, in accordance with the provisions of Chapter 19.90, Special Development Permits.

(B)

(5)

Not Permitted (N).

(A)

A use or development type shown with "N" in the table is prohibited in that zone district, node, or segment.

(B)

Existing legal uses that are now shown with "N" in the table shall remain as legal nonconforming uses and are subject to provisions in Chapter 19.50, Nonconforming Buildings and Uses.

(6)

By-right housing developments on sites identified in Chapter 19.73 require approval of a ministerial miscellaneous plan permit in accordance with the provisions of Chapter 19.82, even if Not Permitted or a Special Development Permit is listed in Tables 19.36.060A and 19.36.060B.

(b)

Compliance. It is a violation of this chapter to:

(1)

Engage in a use that is conditional without complying with the imposed conditions;

(2)

Engage in a prohibited use;

(3)

Engage in a use requiring a miscellaneous plan permit or special development permit without obtaining the required permit.

Table 19.36.060A
Conditionally Permitted and Prohibited Development Types in ECR-C and ECR-MU Zoning Districts
Development Type	ECR-C	ECR-MU
1. MIXED-USE DEVELOPMENT
A. Residential Mixed-Use Development	N	SDP
B. Office Mixed-Use Development	SDP	N
2. COMMERCIAL DEVELOPMENT
A. Commercial Development, Minor	DR	DR
B. Commercial Development, Major	SDP	SDP

Table 19.36.060B
Permitted, Conditionally Permitted, and Prohibited Uses in ECRSP Districts
USE	ECR-C	ECR-MU^[1]	ECR-O	ECR-PF
1. RETAIL COMMERCIAL
A. Retail sales business	P	P	MPP	N
B. Retail sales business with drive-through	SDP	N	N	N
C. Outside display of merchandise or products in connection with a retail sales business	MPP	MPP	N	N
D. Donation center for used goods^[2]	MPP	MPP	N	N
E. Liquor store	MPP	MPP	N	N
2. SERVICE COMMERCIAL
A. Service commercial	MPP	MPP	MPP	N
B. Retail service	P	MPP	MPP	N
C. Commercial storage	N	N	N	N
D. Open or unenclosed storage ancillary to a permitted use (screened from public view)	P	N	N	N
E. Self-storage "mini warehousing"	N	N	N	N
3. PERSONAL SERVICE
A. Personal service business	P	P	MPP	N
B. Massage establishment^[3]	P	P	P	P
C. Childcare center with occupancy of 30 or fewer children	MPP	MPP	MPP	MPP
D. Childcare center with occupancy of 31 or more children	SDP	SDP	SDP	SDP
4. EATING/DRINKING ESTABLISHMENTS
A. Drive-through restaurant	SDP	N	N	N
B. Take-out only restaurant	P	P	MPP	N
C. Restaurant and fast-food restaurant that may have on sale beer and wine beverage service	MPP	MPP	MPP	N
D. Restaurant and fast-food restaurant that has on sale general alcohol beverage service	SDP	SDP	SDP	N
E. Nightclub or bar	SDP	N	N	N
F. Outdoor dining in conjunction with an approved restaurant use	MPP	MPP	N	N
5. AUTOMOTIVE
A. Automobile service station^[4]	SDP	N	N	N
B. Auto sales or rental	SDP	SDP	N	N
C. Auto broker for 3 or fewer vehicles on site	MPP	N	N	N
D. Sale or rental of utility trailers, heavy equipment, or machinery	N	N	N	N
E. Automobile/vehicle service and repair	SDP	N	N	N
6. EDUCATION, RECREATION, AND PLACES OF ASSEMBLY
A. Education - recreation and enrichment^[5]	MPP	MPP	N	SDP
B. Education - primary, middle, and high school^[5]	N	N	N	SDP
C. Education - institution of higher learning^[5]	SDP	N	SDP	SDP
D. Recreational and athletic facility^[5]	SDP	SDP	N	SDP
E. Place of assembly - business serving^[5]	SDP	SDP	SDP	SDP
F. Place of assembly - community serving^[5]	SDP	SDP	SDP	SDP
G. Cardroom	N	N	N	N
H. Entertainment establishment	SDP	N	N	N
I. Private golf courses	N	N	N	SDP
7. OFFICE
A. Administrative, professional, and research and development offices	SDP^[6]	N	P	SDP
B. Medical office	SDP	SDP	P	N
C. Ground floor dependent office less than 1,000 square feet	P	P	P	N
D. Ground floor dependent office greater than 1,000 square feet	MPP	MPP	P	N
E. Financial institution	P	P	SDP	N
F. Financial institution with drive-through	N	N	N	N
G. Medical clinic	MPP	MPP	MPP	SDP
8. PUBLIC FACILITIES
A. Buildings and facilities used by government agencies for government purposes	N	N	SDP	P
B. Buildings and facilities used by federal, state, or local government agencies (except city of Sunnyvale), for nongovernmental purposes	N	N	SDP	SDP
C. Bus terminal and other public transportation facility	SDP	SDP	N	N
D. Public service buildings and accessory uses	N	N	SDP	SDP
E. Public utility building and service facility	SDP	SDP	SDP	SDP
9. RESIDENTIAL/BOARDING/LODGING
A. Hotel or motel	SDP	SDP	N	N
B. Single- or two-family dwelling	N	N	N	N
C. Multiple-family dwelling and accessory buildings and uses	N	SDP^[7]	N	N
D. Mobile home park	N	N	N	N
E. Single-room occupancy (SRO) living unit facility	N	SDP^[8]	N	N
F. Single-room occupancy (SRO) residential hotel	N	SDP^[8]	N	N
G. Residential care facility, 6 or fewer residents	N	SDP	N	N
H. Emergency shelter	N	N	N	N
10. OTHER
A. Accessory structure	MPP^[9]	MPP^[9]	MPP^[9]	MPP^[9]
B. Adult business establishment	N	N	N	N
C. Animal hospital, clinic, and boarding	SDP	SDP	N	N
D. Any use which is obnoxious, offensive, or creates a nuisance	N	N	N	N
E. Rest home/convalescent hospital	N	SDP^[8]	SDP	SDP
F. Electric distribution substations	N	N	N	SDP
G. Electric transmission substations	N	N	N	SDP
H. Hospitals	N	N	N	SDP
I. Medical marijuana distribution facility	N	N	N	N
J. Payday lending establishment	MPP^[10]	N	N	N
K. Recycling center^[9]	SDP	N	SDP	SDP
L. Salt extraction	N	N	N	SDP
M. Storage or parking of commercial or industrial vehicles	N	N	N	N
N. Storage or parking of public utility vehicles	N	N	N	N
O. Storage of materials, supplies, or equipment for commercial or industrial purposes	N	N	N	N
P. Storage of materials, supplies, or equipment for public utility purposes	N	N	N	N
Q. Storage, warehousing, handling, processing, or assembling merchandise or products	N	N	N	N
R. Stand-alone parking structure and surface lot	N	N	N	N

Notes:
[1]	ECR-MU sites that have not introduced residential uses are subject to the ECR-C use standards.
[2]	Miscellaneous plan permits for donation centers shall be reviewed for compliance with council policy on operations, location and appearance following the procedures in Chapter 19.82 (Miscellaneous Plan Permit).
[3]	Massage establishment uses are subject to the provisions of Chapter 9.41 (Massage Establishments and Professionals).
[4]	Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020(i), as applicable.
[5]	Educational and recreational uses and places of assembly shall not be located in retail centers in a manner that disrupts the flow of pedestrians between retail establishments.
[6]	Only permitted in a mixed-use development with commercial provided.
[7]	Residential-only developments are not permitted. Multiple-family dwelling uses are only permitted in a mixed-use development (as a new residential component over an existing commercial site that already meets development regulations).
[8]	Only permitted in ECR-MU33, 42, and 54.
[9]	Accessory structures are required to comply with setback, height, and lot coverage requirements of underlying zone.
[10]	Payday lending establishment uses are subject to the provisions of Section 19.20.050.

(Ord. 3194-22 § 1; Ord. 3210-23 § 1; Ord. 3223-24, 2/6/2024)

§ 19.36.070 Residential density requirements for mixed-use development in ECR-MU zoning districts.

(a)

Table 19.36.070
Permitted Density in ECR-MU Zoning Districts
Zoning District	Base Maximum Density (du/ac) ^[1] ^[2]	Total ECRSP Community Benefits/ Incentive Program Points Available (du/acre)
ECR-MU24	24	6
ECR-MU28	28	10
ECR-MU33	33	12
ECR-MU42	42	14
ECR-MU54	54	20

Notes:

[1]

New residential development shall build to at least 85 percent of the zoning district's base maximum zoning density.

[2]

(b)

(c)

Residential development is not permitted in the ECR-C, ECR-O, and ECR-PF zoning districts.

(d)

(e)

(Ord. 3194-22 § 1)

§ 19.36.080 Minimum lot size requirements for residential mixed-use development.

(a)

Minimum lot size requirements for residential mixed-use developments in the ECR-MU zoning districts are listed in Table 19.36.080.

Table 19.36.080
Minimum Lot Size Requirements for Residential Mixed-Use Development
Node or Segment	Minimum Net Lot Area
Bernardo Gateway Node	0.85 acres
West Segment	N/A [1]
Civic Center Node	1.5 acres
Orchard District Node	0.7 acres
Center Segment	0.5 acres
Three Points Neighborhood Node	0.85 acres
East Segment	0.7 acres

Notes:
[1]	Residential mixed-use developments are not permitted in the West Segment.

(Ord. 3194-22 § 1)

§ 19.36.090 Minimum ground floor commercial area in mixed-use development.

(a)

Each mixed-use development (including both office and residential mixed-use developments) shall be subject to devoting a portion of the ground floor area to a commercial use.

(b)

The minimum ground floor commercial area requirements for mixed-use developments are listed in Table 19.36.90.

Table 19.36.090
Minimum Ground Floor Commercial Area Requirements for Mixed-Use Development
Minimum Net Lot Area	Minimum Required Commercial Area, whichever is greater ^[1] ^[2] ^[3]
≤ 50,000 sq. ft.	7,000 sq. ft.
50,001-100,000 sq. ft.	10,000 sq. ft.	75% of El Camino Real frontage length x 50
100,001-150,000 sq. ft.	20,000 sq. ft.
150,001-200,000 sq. ft.	30,000 sq. ft.
200,001-300,000 sq. ft.	40,000 sq. ft.
300,001-400,000 sq. ft.	50,000 sq. ft.
≥ 400,000 sq. ft.	60,000 sq. ft.

Notes:
[1]	If the floor area values/calculations presented above yield a value that is over 20% of the lot size, a commercial area capped at 20% of the lot size shall also be permitted.
[2]	If a property has no frontage along El Camino Real, a commercial area capped at 10% of the lot size or 75% of major commercial frontage length X 50 if the property is 400 feet or more from El Camino Real shall also be permitted.
[3]	Developments with more than 50% of the total units that are affordable to lower income households have an adjusted minimum commercial requirement, as established by resolution of the city council.

(Ord. 3194-22 § 1; Ord. 3232-24, 10/29/2024)

§ 19.36.100 Development requirements.

(a)

Development requirements for commercial development are listed in Table 19.36.100A.

Table 19.36.100A
Development Requirements for Commercial Development
Standard	Requirement
Maximum Building Height	Node Properties: 75 feet Segment Properties: 55 feet
Maximum Lot Coverage	60%
Minimum Front Yard Setback	15 feet

(b)

Table 19.36.100B
Development Requirements for Mixed-Use Development
Standard	Requirement
Standard	Node	Segment
1. Through/Furniture Zone Width (New Right-of-Way)^[1]	El Camino Real Frontages: 13 feet All Other Frontages: 11 feet
2. Frontage Zone Setback (Build-to Line)^[2]	15 feet
3. Minimum Percentage of Building Frontage at Build-to Line	80%	60%
4. Minimum Side/Rear Yard Setback (From Lot Line Shared with Another ECRSP Area Property)	0 feet
5. Minimum Side/Rear Yard Setback (From Lot Line Shared with a Non-Plan Area Property)	10 feet
A1. Maximum Building Height	75 feet (Subject to Daylight Plane requirements)	55 feet (Subject to Daylight Plane requirements)
A2. Maximum Building Height (if first floor retail space has a minimum 25-foot ground floor plate height)	85 feet (Subject to Daylight Plane requirements)	65 feet (Subject to Daylight Plane requirements)
B1. Stepback	Applied to 5th story and above	Applied to 4th story and above
B2. Stepback (if first floor retail space has a minimum 25-foot ground floor plate height)	Applied to top 2 stories	Applied to top 1 story
C. Minimum Stepback from Build-to Line	10 feet from face of building, for at least 60 percent of the building frontage length	5 feet from face of building, for at least 60 percent of the building frontage length
D. Minimum Ground Floor Active Use Area^[3] ^[4]	Multiply length (linear feet) of ground floor building frontage at build-to line x 20 feet
E. Maximum Ground Floor Finish Level Above Sidewalk	6 inches (Commercial) 3 feet (Residential)
F1. Minimum Ground Floor Plate Height (Commercial)	18 feet	16 feet
F2. Minimum Ground Floor Plate Height (Residential)	10 feet
G1. Minimum Daylight Plane Angle (From Lot Line Shared with a Non-Plan Area Property)^[5]	45 degrees
G2. Minimum Daylight Plan Angle (From Lot Line Shared with a Non-Plan Area Property in a Non-Residential Zoning District)^[5]	60 degrees

Notes:
[1]	The new right-of-way is measured from the face of curb. See Chapter 6 of the El Camino Real Specific Plan for the pedestrian realm cross-section details.
[2]	The frontage zone setback/build-to line is measured from the new right-of-way line. For property frontages along El Camino Real, the front setback area shall allow for a pedestrian realm as identified in ECRSP Chapter 6.
[3]	Subject to requirements outlined in Section 19.36.110.
[4]	Developments with more than 50% of the total units that are affordable to lower income households have an adjusted minimum commercial requirement and active use area, as established by resolution of the city council.
[5]	Daylight plane is a component of the allowable building envelope, which is measured from the point at grade along any side or rear yard lot line shared with a non-Plan Area property. The daylight plane requirement applies to all new development in the ECR-C, ECR-MU, ECR-O, ECR-PF, ECR-R3, and ECR-R4 zoning districts, including residential-only or commercial-only developments, on parcels identified in ECRSP Chapter 4.

Figure 19.36.100A

Node Mixed-Use Building Form

Figure 19.36.100B

Mixed-Use Building Form (Bird's Eye View)

Figure 19.36.100C

Segment Mixed-Use Building Form

(Ord. 3194-22 § 1; Ord. 3232-24, 10/29/2024)

§ 19.36.110 Ground floor active use requirements for mixed-use developments.

(a)

(b)

The minimum required ground floor active use area is as required in Table 19.36.100B (Development Requirements for Mixed-Use Development).

(c)

Table 19.36.110
Ground Floor Active Uses
RETAIL COMMERCIAL
Retail sales business
Liquor store
EATING/DRINKING ESTABLISHMENTS
Take-out only restaurant
Restaurant and fast-food restaurant that may have on sale beer and wine alcohol beverage service
Restaurant and fast-food restaurant that has on sale general alcohol beverage service
PERSONAL SERVICE
Personal service business
Childcare center with occupancy of 30 or fewer children
Childcare center with occupancy of 31 or more children
EDUCATION, RECREATION, AND PLACES OF ASSEMBLY
Education - recreation and enrichment
Recreational and athletic facility
Place of assembly - business serving
Place of assembly - community serving
OFFICE
Ground floor dependent office less than 1,000 square feet
Ground floor dependent office greater than 1,000 square feet
Financial institution
Medical clinic
Medical office
OTHER
Animal hospital, clinic, and boarding

(d)

Uses not enumerated in Table 19.36.110 may be considered by the director of community development, whose decision shall be final.

(Ord. 3194-22 § 1)

§ 19.36.120 Parking standards for uses in ECR-C and ECR-MU zoning districts.

(a)

Vehicle Parking Standards. Vehicle parking requirements in the ECRSP zoning districts are as required in Chapter 19.46, Parking, except for residential uses as listed in Table 19.36.120A.

(b)

Table 19.36.120A
ECRSP Residential Off-Street Vehicle Parking Space Requirements
Use	Node		Segment
Use	Minimum	Maximum	Minimum	Maximum
RESIDENTIAL (Multiple-Family Dwelling)
Studio and one-bedroom	1	1.5	1	1.5
Two-bedroom	1.25	2	1.5	2.25
Three + bedrooms	1.7	2	2	2.25
Parking requirements for special housing developments are located in Table 19.46.080

(c)

Calculating Required Parking. When calculating required parking, any portion of a parking space shall be rounded up to the next whole number.

(d)

Parking Management Plan. New developments require a parking management plan in accordance with Section 19.46.160.

(e)

Parking locations, types, and criteria for parking reductions will be determined as part of the project review on a case-by-case basis in accordance with the ECRSP plan and implementing regulations.

(f)

(g)

Loading Spaces. Loading spaces shall conform with the provisions of Chapter 19.46.

(h)

Transportation Demand Management. New office development projects must achieve a daily trip reduction of twenty percent and a peak hour trip reduction of twenty-five percent.

(i)

Bicycle Parking.

(1)

New developments within the Specific Plan Area shall provide two types of bicycle parking as outlined below:

(A)

(B)

(2)

Residential uses shall provide bicycle parking per requirements in Table 19.36.120B.

(3)

Bicycle parking requirements shall comply with the Santa Clara Valley Transportation Authority (VTA) Guidelines, with the exception of bicycle parking ratios.

Table 19.36.120B
Minimum Unassigned Bicycle Parking Ratio Requirements
Land Use	Class I	Class II
Residential
General/low-income housing/senior housing) [1]	2 spaces per 3 units	1 space per 15 units
Non-Residential
Commercial/Retail	1 space per 10,000 sq. ft.	1 space per 4,000 sq. ft.
Hotel	1 space per 15 rooms	1 space per 20 rooms
Restaurant (free-standing, no bar or entertainment)	1 space per 3,000 sq. ft.	1 space per 800 sq. ft.
Office	1 space per 4,000 sq. ft.	1 space per 10,000 sq. ft.

Notes:
[1]	Minimum of 4 unassigned Class I bicycle parking spaces shall be provided for each residential development.

(Ord. 3194-22 § 1)

§ 19.36.130 Landscape and open space standards in ECR-C and ECR-MU zoning districts.

Table 19.36.130
ECRSP Landscape and Open Space Standards
Zoning District	Usable Open Space	Other Landscaped Area	Surface Parking Lot Landscaped Area	Total Landscaped Area
ECR-C	N/A	12.5% of floor area	20% of the parking lot area, including associated drive aisles	Total minimum landscaped area is the combination of the minimum parking lot landscaped area and other landscaped area. In no case shall this total be less than 20% of the lot area.
ECR-MU54 ECR-MU42	150 sq. ft. /unit	20% of lot area
ECR-MU33 ECR-MU28 ECR-MU24	200 sq. ft. /unit	20% of lot area

(Ord. 3194-22 § 1)

§ 19.36.140 Deviations.

(a)

(1)

Lot Area. Only for individual ownership of lots within a larger development that meets minimum lot area.

(2)

Minimum Percentage of Building Frontage at Build-to Line. Only if area is for active uses or is needed to preserve a significant sized tree.

(3)

Landscaping/Open Space. The maximum allowable deviation is twenty percent of any dimensional requirement. No deviation shall be granted for total landscaping or open space.

(4)

Distance Between Main Buildings

(b)

Any deviation not specifically listed shall require a variance.

(Ord. 3194-22 § 1)