Unless otherwise provided by this section, all lots in all zoning districts are subject to Section 19.37.040 (Minimum landscaped areas and usable open space) and 19.37.120 (Landscaping and irrigation approval). The following types of projects are subject to certain provisions of this chapter as specified:

Specific Plans, Precise Plans and other Specialized Plan Areas. Properties within a specific plan, precise plan or other specialized plan area are subject to the minimum landscaped area, usable open space, or modified frontage strip and buffer design requirements prescribed in those individual plans. All other requirements in this chapter apply to such projects.

Exemptions. The following projects are exempt from this chapter:

Objective Design Standards. Unless otherwise provided by this section, multi-family residential or mixed-use projects are subject to landscaping standards in Chapter 7 of Citywide Objective Design Standards for Multi-Family Residential and Mixed-Use Development.

Minimum Landscaped Area. Table 19.37.040 describes the minimum landscaped area and usable open space required by zoning district. In addition to the minimum landscaped area, areas not used for buildings, parking lot areas, driveways or pedestrian walkways shall be landscaped unless the review authority determines that landscaping is not necessary to achieve the purposes of this chapter. For projects not involving redevelopment of the entire site, the director of community development may allow less landscaped area than required by Table 19.37.040 if existing physical constraints on the site (such as structures, parking or circulation) limit the amount of landscaping that can be provided.

Landscaped Buffer Required. A landscaped buffer is required for any property with a nonresidential use in a residential zoning district that abuts a residential use and for any use in a nonresidential zoning district which abuts a residential zoning district. Landscaped buffers must be designed to meet the following:

Landscaped Frontage Strip Required. A fifteen-foot wide landscaped frontage strip is required for all properties except for single-family properties which have a frontage on a public street. The frontage strip is measured from the inside edge of the public sidewalk, or if no sidewalk exists, from the curb. Frontage strip landscaping may be crossed by walkways and access drives.

Usable Open Space Required. Usable open space is required for all duplex and multifamily residential properties as described in Table 19.37.040. Usable open space areas that meet the definition of landscaping may contribute towards the minimum landscaped area of the site. Required usable open space shall meet the requirements of Section 19.37.100 (Usable open space design requirements).

Allowances and Limitations for Single-Family Uses and Single-Family Zoning Districts.

Option 1—No Turf and Eighty Percent Water Conserving Plants. There shall be no turf or high water use plants in the landscaped areas, and at least eighty percent of the plants installed shall be native, low water use or no water use plants.

Option 2—Water Budget Calculations. If the turf limitation option is not selected, a water budget calculation shall be prepared and shall adhere to the following requirements:

Plant Material. In addition to the requirements below, plant selection and installation shall be done in accordance with accepted horticultural industry practices.

Grouping of Plants. Plants with similar water needs shall be grouped (also described as a hydrozone). Areas that mix plants with different water uses may be allowed if a water budget is performed per Section 19.37.050 (Water Efficiency Design Requirements).

Soil Management.

Water Features. Recirculating water systems shall be used for water features. Where available, recycled water shall be used for water features.

Function. Useable open space must be designed to be accessible to, and usable for outdoor living, recreation or utility use.

Applicability. The provisions of this section shall apply to all new multi-family residential development in R-3, R-4, and R-5 zoning districts.

Location. Useable open space may not be located in any required front yard area for projects with a front yard setback variance or deviation. Otherwise, up to fifty percent of the required front yard area may be counted toward the useable open space requirement.

Minimum Useable Open Space Dimensions and Area. Each useable open space area shall have at least a twelve foot dimension in any direction and a minimum area of two hundred square feet except for:

Private Useable Open Space Required. In the R-4 and R-5 zoning districts, a minimum of eighty square feet per unit shall be designed as private useable open space.

Irrigation System Required. All landscaped areas shall have a permanent irrigation system, except for single-family detached and two-family dwellings.

Irrigation Efficiency and Design. Irrigation systems shall be designed and maintained to meet the water needs of each hydrozone and the following requirements:

Water Waste Prohibited. Water waste resulting from an inefficient irrigation system leading to runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas such as walkways, roadways or structures is prohibited.

Screening of Devices. Irrigation controllers and backflow devices shall be screened from public view.

Scheduling. Irrigation must be scheduled between eight p.m. and ten a.m.

Permit Required. Except as otherwise provided in this chapter, no person shall install or modify any landscaped area without first obtaining approval of a miscellaneous plan permit, in accordance with the procedure described in Chapter 19.82, or as part of any discretionary permit the project is subject to pursuant to this title.

Landscaping and Irrigation Plans Required. Landscaping and irrigation plans shall be required for any modification or installation of new landscaping that falls within the thresholds stated in this chapter. The plans shall provide the information necessary as determined by the director of community development to comply with the provisions of this chapter.

Plan Preparation by Certified Professional. Landscaping and irrigation plans shall be prepared by, and bear the signature of, a certified professional, except for new landscaping installations or landscaping rehabilitation projects with less than two thousand five hundred square feet of landscaped area.

Irrigation Audit Required. Prior to approval of occupancy by a building official, a landscaping irrigation audit shall be conducted and an irrigation audit report shall be submitted for applicable projects described in Section 19.37.020 (Applicability).

Submittal of Landscaping Maintenance Schedule. Prior to the final inspection by the building official, a regular maintenance schedule shall be submitted to the director of community development for review and approval. The maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost; replenishing mulch; fertilizing; pruning; weeding in all landscaped areas; and removing obstructions to irrigation spray heads or other emission devices. Landscaping shall be maintained in accordance with the approved maintenance schedule.

General Maintenance. Landscaping shall be maintained in compliance with the approved landscaping plan, and shall be maintained in a neat, clean and healthful condition. Removed landscaping shall be replaced with specimen plants to match the approved landscaping plan.

General Requirements.

Mechanical, Electrical or Other Type Equipment. All roof, wall or ground mounted mechanical, electrical or other type equipment which exceeds sixteen inches in any dimension shall be screened except:

Vents, Flues and Other Roof Protrusions.

All residential and nonresidential uses shall provide adequate facilities on site for recyclable materials, organic materials, and solid waste ("discarded materials") as required by Chapter 8.16 of this code. Such facilities (including carts, bins, containers, and enclosures) shall be adequate in capacity, number and distribution to serve the uses on-site. The directors of environmental services and community development shall develop detailed procedures and guidelines to ensure the orderly and efficient administration of the requirements of this chapter. These procedures and guidelines are incorporated into this chapter as the "Design Guidelines for Recycling, Organics and Solid Waste Services," which may be amended from time to time by the directors of environmental services and community development.

Nonresidential uses shall provide enclosures for the storage of discarded materials.

Single-family and multifamily uses of three or fewer units shall obtain containers for discarded materials in accordance with Chapter 8.16.

All residential uses with four or more units shall include centralized enclosures except that townhouse uses with dedicated attached garages shall provide for the storage of discarded materials in accordance with the options and criteria provided in the "Design Guidelines for Recycling, Organics and Solid Waste Services."

Enclosures.

Cart Service for Residential Uses.

Exemptions. Requirements of this section shall not apply to:

Purpose. The purposes of this section are to:

Applicability. The provisions of this section shall apply to all new multi-family residential development in all zoning districts.

Required Storage. A minimum of one individual lockable storage unit shall be provided for each dwelling unit which shall be separate, lockable, weatherproof, and provided to tenants without an additional cost.

Size. The minimum interior size of the storage space shall be as follows:

Dimensions. The storage space shall be at least eight feet in one direction and no less than three feet in any other direction. The maximum height shall not exceed ten feet.

Location. The storage space may be accessible from inside or outside the dwelling unit such as a patio, deck, balcony, interior or exterior hallway, interior room or separate structure. If storage space is attached to a bedroom it must be in addition to a bedroom closet. Required storage space shall not be located in an attic. A two-car garage meeting the minimum area and dimensions shall satisfy the lockable storage requirement.

Exceptions. The decision maker may allow the storage space to be split between two locations under the follow-ing circumstances:

For all new multiple-family residential developments that contain fifty through ninety-nine housing units, a community room or club house with a minimum meeting space size of two hundred twenty-five square feet shall be provided on-site for use by all members of the residential community. For existing fifty through ninety-nine housing unit multiple-family projects that are remodeled or converted from rental to ownership housing, any existing community room or club house shall be retained.

For all new multiple-family residential developments that contains one hundred or more housing units, a community room or club house with a minimum meeting space size of four hundred fifty square feet shall be provided on-site for use by all members of the residential community. For existing one hundred or more housing unit multiple-family projects that are remodeled or converted from rental to ownership housing, any existing community room or club house shall be retained.

Notwithstanding subdivisions (a) and (b), the approving authority for any project subject to the terms of this section may waive the requirement to provide a community room or club house upon a determination, based upon the circumstances of the specific project, that the objectives and purposes of the general plan of the city of Sunnyvale would not be served by imposing the requirement. In determining whether a waiver is appropriate, the approving authority shall consider any impacts the requirement might have on achieving density goals, useable open space, or other development standards, and also shall consider any other amenities the proposed project might offer.

All new construction of residential dwelling units shall provide and incorporate therein electronic communications signal distribution facilities, suitable for use with dish antennas, cable signal services, and similar master antennas or signal distribution services. Such facilities shall be constructed to the then current minimum technical standards to the extent feasible for wiring and other devices suitable for use by master antenna systems as well as cable television systems. The facilities required by this section shall terminate at the exterior wall or roof of the affected building.

All multiple family units shall be prewired for cable, multiple phonelines and computers.

Except as may be permitted by use permit, all uses within the M-S (industrial and service) and M-3 (general industrial) districts shall provide sidewalks along public street frontage. Such sidewalks shall comply with all applicable specifications and other requirements of Title 13 of this code, with the exception that alternate surface materials, colors and design thereof may be authorized by use permit; provided that durability, safety and compatibility with adjoining improvements is at least equivalent to the minimum specifications contained in Title 13. Such sidewalks shall be required at the time of any of the following and may be made a condition of issuance of any building permit, certificate of occupancy or other permit required for any of the following:

For purposes of this section, the term "reconstruction" shall mean the demolition and replacement of an existing structure or structures, or portion thereof, which may either completely replace the original structure or which may incorporate a portion or portions of the original building in the new structure. This subsection shall not apply to reconstruction which is confined entirely to the interior of an existing structure.

Where sidewalks are deemed required pursuant to paragraphs (2) and (3) of subsection (a), the costs of such required sidewalk construction shall not exceed ten percent of the total cost of the reconstruction or expansion.

All utilities and communication services associated with new development, redevelopment, subdivision or change in use shall be placed underground unless otherwise exempted by this section.

Utilities and communication services include:

Electric and communication facilities do not include:

Required undergrounding may be accomplished on a time schedule approved by the planning commission or director of community development.

As conditions of approval for any use permit or special development permit the planning commission or city council may impose undergrounding requirements other than those contained in this section.

All existing electric and communication service laterals shall be placed underground whenever such service is increased in capacity, added to or relocated except the addition, alteration or rehabilitation of single family dwellings.

When distribution facilities are required to be undergrounded, all existing on-site and frontage overhead communication and electric distribution facilities extending from on-site boundary and frontage lines to off-site poles or build-ings shall be removed and replaced with underground facilities. Where on-site boundary line poles are within fifteen feet of a cross property line, a new pole may be required to be placed at the property line intersection at the discretion of the director of community development.

Utilities and communication services which are not required to be placed underground include:

Waiver of undergrounding requirements. The director of community development may waive undergrounding requirements if topographical, soil or any other condition makes underground installation of such facilities unreasonable or impracticable, or if such undergrounding would result in the deleterious erection of alternate above-ground facilities for servicing other properties.

In lieu fees and deferral agreements.

The developer shall bear all costs associated with placing utilities underground as required under Section 19.38.090.

The developer shall share undergrounding costs with the city in the following instances:

The undergrounding costs in subsection (b) shall be allocated in accordance with the following provisions:

Nothing herein shall obligate the city of Sunnyvale to pay the allocated costs as described in subsection (b). The city may decide not to contribute to the cost of placing the service underground. In such case, the appropriate review authority of the city reserves the right to substitute a reasonable and less costly alternative; to require partial undergrounding; or to require any reasonable combination of undergrounding, no undergrounding, and conduits to mitigate the visual effects of above-ground service or such alternatives may be utilized in order to facilitate future undergrounding.

Nothing herein shall prevent the city from seeking reimbursement of amounts expended under the provisions set forth in subparagraphs (1) and (2) of subsection (c) from property owners benefited from the work in the event that the owner of property so benefited subsequently applies for any permit which would have required the placement of utilities underground pursuant to Section 19.38.090.

Increase energy efficiency in buildings;

Encourage water and resource conservation;

Minimize waste generated by construction projects;

Provide durable buildings that are efficient and economical to own and operate;

Promote the health and productivity of residents, workers, and visitors to the city; and

Recognize and conserve the energy embodied in existing buildings.

Newly constructed residential buildings;

Residential alterations;

Newly constructed non-residential buildings that are five thousand gross square feet or more;

New large nonresidential interiors;

Major alterations of existing nonresidential buildings.

The standards for compliance shall be implemented in three phases as shown in the Green Building Tables, effective January 1, 2010, as adopted by resolution of the city council, and as amended from time to time.

The following projects, regardless of scope of work, are exempt from this section:

In order to qualify for the incentives, as set forth in the Green Building Tables, for industrial and office projects, applicant shall submit a transportation demand management program and analysis for the entire project site that demonstrates that vehicle-trip rates for the project are not greater than the number that would be generated by development of the site at the permitted FAR.

It is intended that the green building FAR bonus permitted by this section shall supersede any other FAR allowances provided for in Section 19.32.070 of this code.

Public Recognition for Exceptional Green Building Design. Those projects that implement exceptional green building design and construction practices that meet thresholds for incentives as specified in the above standards for compliance section shall be recognized by the city and eligible to receive a plaque that may be displayed on the structure.

Wherever the LEED or GreenPoint Rate systems include a minimum energy or other performance requirement, the applicant may choose to meet the minimum performance requirements with an alternative equivalent method approved by the director of community development.

Maintenance of Required Features. Any structure subject to this chapter shall maintain the green building features required herein, regardless of subsequent alterations, additions, or changes of use, unless subject to equal or more stringent requirements.

The city council shall establish by resolution, and shall periodically review and update as necessary, green build-ing standards for compliance. The standards for compliance shall include, but are not limited to, the following:

The director of community development shall promulgate any rules and guidelines necessary or appropriate to achieve compliance with the requirements of this chapter and as more fully outlined in the administrative procedures promulgated by the director of community development.

The procedures for compliance documentation shall include, but not be limited to, the following:

Any aggrieved applicant or person may appeal the determination of the director regarding: (1) the granting or denial of an exemption pursuant to the Building Code; or (2) compliance with any other provision of this chapter.

Any appeal must be filed in writing with the community development department not later than fifteen days after the date of the determination by the director. The appeal shall state the alleged error or reason for the appeal.

The appeal shall be processed and considered at a Building Code board of appeals hearing in accordance with the Building Code. The city council shall serve as the board of appeals.

An appeal from the decision of the Building Code board of appeals may be made to the city council, which decision shall be final.

Measurement of Area. The area (square footage) of an accessory structure is determined by measuring the floor area exclusive of eaves, overhangs or other projections.

Calculation of Height. The height of an accessory structure shall be determined by measuring the vertical distance from the average finished grade within five feet of the accessory structure, or within five feet of the main building, whichever is less, to the highest point of the accessory building.

Appearance. All accessory structures greater than one hundred twenty square feet shall be compatible in exterior appearance with the principal structure on the premises. Permanent accessory structures are not permitted to be constructed of temporary materials such as tarps, plastic, or aluminum poles. The director of community development is authorized to require modifications to the exterior of such an accessory structure as necessary to achieve a compatible appearance.

Total Lot Coverage and Required Rear Yard Coverage. Detached habitable spaces, detached required parking, and utility buildings are counted toward permitted lot coverage and rear yard coverage (as required in Sections 19.32.020 and 19.48.050). These structures shall not cause lot coverage or rear yard coverage to be exceeded unless otherwise approved by a use permit.

Maximum Height. No accessory structure may exceed fifteen feet in height unless otherwise approved with a use permit.

Maximum Allowable Square Footage. Any single accessory structure or the total area of all accessory structures on a property shall not exceed four hundred fifty square feet unless otherwise approved by a use permit. In no event shall the total area of all accessory structures exceed eight hundred square feet. Legal accessory units as regulated in Chapter 19.68 shall be exempt from the maximum allowable square footage for accessory structures.

The home occupation will not change the residential character or appearance of the dwelling unit or mobile home;

The home occupation shall be restricted to the dwelling area and shall not be conducted in the yard, garage or any accessory structure except detached habitable spaces;

No internal or external alterations to the structure are made which are nonresidential in nature;

No more than twenty percent of the floor area within the dwelling unit or four hundred square feet, whichever is less, shall be devoted to the business (including storage described in subsection (h));

No persons other than residents of the dwelling shall work or report to work on the premises;

Signage shall comply with the provisions of Section 19.44.040 of this code pertaining to residential name plates;

All advertising shall clearly state "by appointment only" if the residential address is used;

No more than fifty cubic feet of storage of inventory or products shall be devoted to business purposes in any part of the dwelling;

No merchandise, product, or tangible thing shall be sold on the premises;

The business shall not generate vehicular 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;

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

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;

The use or storage of any supplies, electrical or mechanical equipment, shall be limited to that which is compatible with the residential use of the dwelling unit or mobile home;

The total number of home occupations at any one address is not limited, except the cumulative impact of all such businesses shall not exceed the limits set forth in this section for a single home occupation.

Operations upon land in any zoning district shall be conducted in such a manner as to promote and protect the public health, safety, convenience and general welfare of the inhabitants of the city. The owner or occupant of land used for any agricultural, commercial, industrial or residential purpose shall not suffer or permit any activity, operation or installation on such land which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations or similar disturbances.

Recyclable or refuse materials which have been permitted to accumulate for more than twenty-four hours at any recycling collection or processing facility and which are not properly contained within containers, bins or enclosures intended as receptacles for such materials shall constitute a nuisance, as described in Section 9.26.030. Such materials shall be deemed abandoned, and the city shall have the right to enter any business premises for the purpose of abating or removing any such materials which have remained continuously on the premises for more than twenty-four hours.

Residential Noise Limits.

Nonresidential Noise Limits.

Special Exceptions from Noise Limits.

Free Speech. To accommodate and encourage the right of free speech by sign display, while balancing this right against other public interests.

Public Health and Welfare. To serve the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs.

General Plan. To implement the sign-related goals, purposes and strategies of the city's General Plan.

Regulation System. To establish a comprehensive and reasonable system for regulating signs integrated within the zoning code.

Notice. To provide public notice of rights and responsibilities related to sign display.

Equal Rights. To ensure that similarly situated persons have equal rights and responsibilities regarding sign display.

Community Aesthetics. To serve the aesthetic interests of the city by minimizing visual clutter that can be caused by excessive signs.

Visibility. To relate sign area and height to viewing distance and optical characteristics of the eye.

Safety. To reduce safety hazards to drivers and pedestrians by minimizing the view obstruction, distraction, and confusion that can result from inappropriate or improperly placed signs.

Structural Integrity. To minimize safety risks by ensuring structural integrity and proper maintenance of signs.

Residential Tranquility. To protect the peaceful, quiet, residential nature of neighborhoods from intrusion or degradation by excessive commercial signage.

Compatibility. To ensure that sign structures are physically compatible with the surrounding area.

Property Values. To protect and enhance property values by minimizing signs that contribute to the visual clutter of the streetscape, such as oversized signs and excessive temporary signage.

Economic Value. To enhance the economic value of the city and each area therein by setting reasonable rules regarding sign size, location, design and illumination.

Information. To serve the public convenience by providing for directional and functional information on signs.

Scope. This chapter regulates signs, as defined herein, which are within the legal corporate limits of the city, but not on city property or in the public right-of-way, or on property owned and/or controlled by other city controlled entities. Signs on city property and the public right-of-way are regulated by Chapter 9.58. This chapter does not regulate signs used in conjunction with parades, demonstrations or public assemblies, which are covered by Chapter 9.45 (Special Event Permits).

Message Neutrality Policy. It is the policy of the city to regulate signs in a manner that does not favor commercial speech over noncommercial speech, and does not regulate protected noncommercial speech by message content.

Message Substitution Policy. Subject to the private property owner's consent, a constitutionally protected non-commercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any other protected noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over noncommercial speech, or favoring of any particular protected noncommercial message over any other protected noncommercial message. Message substitution is a continuing right which may be exercised any number of times. The substitution right applies to the sign owner and to any other message sponsor displaying any image on the sign with the owner's consent. The message substitution right does not: (1) create a right to increase the total amount of sign display area on a site or parcel; (2) create a right to substitute an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message; (3) affect the requirement that a sign structure or mounting device must be properly permitted; (4) authorize changing the physical method of image presentation (such as digital or neon) display without a permit; or (5) authorize a physical change to the sign structure without compliance with applicable building codes, safety codes, and neutrally-applicable rules for sign size, height, orientation, setback, separation or illumination.

Enforcement Authority. The director is authorized and directed to administer and enforce this chapter.

Administrative Interpretation. Interpretations of this chapter are to be made initially by the director in consultation with the city attorney. The director may refer an interpretation question to the planning commission. All interpretations of this chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, as adopted by the city, then the planning commission or director, as applicable, shall approve, conditionally approve or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this chapter, in light of the policies stated in this chapter.

Responsibility for Compliance. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the permit holder, all parties holding the present right of possession and control of the property whereon a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control.

On-Site—Off-Site Distinction. Within this chapter, the distinction between on-site signs and off-site signs applies only to commercial messages. It does not apply to noncommercial messages.

Address numbers on a building.

Government signs.

Warning signs.

Window Signs. Window signs limited to twenty-five percent of the total window area per façade, per tenant space.

Residential Open House Signs. A residential open house directional sign may be placed on private property without a permit, provided that sign is not placed on a traffic median, sidewalk, bicycle lane or other travel way or path. The sign is limited to three and one-half feet in height as measured from the ground immediately adjacent to the sign, and four square feet in area. The sign may only be displayed between the hours of 9:00 a.m. and 7:00 p.m. on the same day of the open house. Open house directional signs may be placed in the public right-of-way only as authorized by Section 9.58.080.

Real Estate Signs on Private Property. A lease, sale or construction sign that consists of a banner or a temporary ground sign, and meets all of the following criteria:

Directory Signs for Multifamily Uses. Directory signs within a multifamily residential use are not counted toward allowable sign area and may be installed without a permit provided the sign meets all of the following requirements:

Information Signs. Information signs shall not exceed sixteen square feet sign area.

Flags Displaying Noncommercial Images or Messages. Limited to three per property. Examples of noncommercial flags include the American flag or state of California flag. The top of the flag must not exceed twenty feet in residential zoning districts, as measured from the ground. Flag height is limited to thirty feet in all other zoning districts. Flag poles are included in the total height restriction. The maximum lateral dimension of the flag is limited to twenty-five percent of the height of the pole or other structure to which it is affixed.

Directional signs may be installed without a sign permit provided the sign meets all of the following requirements:

Residential Name Plate. Each separate residential dwelling unit, whether in attached multifamily, detached single-family, town home, condominium, or apartment, is allowed a residential name plate placed at the home entrance or along the front wall of a residential use, limited to two square feet in area.

Traffic Signs. Shall be located on the property to which it pertains, shall not exceed four feet in area, and shall not exceed five feet in height as measured from the ground immediately adjacent to the sign.

Moving signs.

Commercial mascots.

Wind activated signs.

Audible signs, not including signs at establishments offering drive-up or walk-up service.

Billboards.

All sign permit applications shall be initially reviewed by the director as a ministerial matter. Whenever any sign permit, variance, conditional use permit, specific plan, site development plan, planned development approval, master sign program or other sign-related decision is made by any exercise of official discretion, such discretion shall be exercised only as to location, structural, and safety factors, and not as to message content. The director may refer signs or Master Sign Programs to the planning commission for review and approval.

Conditional Approval. A sign permit application may be approved subject to conditions, so long as the purpose of the conditions is to satisfy requirements of this chapter or some other applicable law, rule, regulation or policy.

Inspections. All signs subject to a building permit require final inspection and approval by the building division.

Permit Denials. All sign permit denials shall be in writing, state the grounds for denial, and be sent or delivered to the address shown on the application.

Time Limits. Signs subject to approval at the staff level shall be reviewed and acted upon within thirty calendar days. For projects requiring planning commission or city council review, the application will be scheduled for the next available agenda that provides adequate time for report preparation and noticing, but in any event within sixty calendar days. The time period for decision begins running when the application is deemed complete. The timely decision requirement may be waived by the applicant. If a written decision is not rendered within the required time, then the application shall be deemed denied.

Completeness. The director shall determine if the application contains all the required information. If the application is not complete, the applicant shall be so notified in person or in writing initially within thirty calendar days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary. The applicant shall then have one opportunity, within thirty calendar days, to submit additional information to render the application complete; failure to do so within the thirty-calendar day period shall render the application void.

Disqualification. No sign permit application will be approved under any of the following circumstances:

Applications for Multiple Signs. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the director's written notice of determination shall specify the grounds for such denial.

The director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirements of this chapter after written notice of noncompliance and at least fifteen calendar days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the city upon written notice, to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place, and includes, but is not limited to, material misrepresentations or omissions in the application materials, and oversights or errors in the processing thereof.

Any action of the director regarding signs may be appealed to the planning commission, whose decision shall be final, pursuant to the procedures contained in Chapter 19.98 (General Procedures).

Stay of Proceedings. The request for appeal shall automatically stay the proceedings until a final decision is rendered on the action, permit or determination being appealed, except whenever a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

Judicial Review. Following final decision by the planning commission, any affected person may seek judicial review of the final decision on a sign permit application pursuant to the applicable provisions of the California Code of Civil Procedure. Judicial review must be filed with the time limits specified by the applicable provisions of California law.

Number of Signs. The number and size of permanent and temporary signs allowed are described in Section 19.44.160 (Permanent signs in nonresidential zoning districts), Section 19.44.170 (Permanent signs in residential zoning districts), and Section 19.44.050 (Signs exempt from sign permit requirements).

Application of Requirements Governed by Use of Property. Legal residential uses in nonresidential zoning districts shall be governed by the provisions of this chapter that apply to residential zoning districts. Legal nonresidential uses in residential zoning districts (other than home occupations) shall be governed by the provisions of this chapter that apply to nonresidential zoning districts. In the case of mixed-use parcels where both residential and nonresidential uses are allowed, the residential uses shall be subject to the provisions of this chapter that apply to residential zoning districts, and the nonresidential uses shall be subject to the provisions of this chapter that apply to nonresidential zoning districts.

Location. All signs are subject to the following location requirements. In addition to the general requirements listed below, details about allowable locations for individual permanent or temporary signs are described in their respective sections.

Sign Area. Sign area is the nearest of any two of rectangle, circle or triangle shapes that enclose all the visually communicative sign elements, including the logo, but not counting non-communicative aspects of the support structure, see Figure 19.44.150 (Sign Area).

Logos. Logos may be detached from other sign copy and are counted towards sign area but shall not be included in calculations of copy height.

Sign Type Requirements.

Materials. All signs must be constructed of wood, rigid plastic, metal, or other permanent material, with the exception of flags, banners, pennants, balloons, and large inflatable objects.

Master Sign Programs. Master Sign Programs are required for properties with six or more establishments in accordance with Section 19.44.220 (Master Sign Programs).

Illumination. Permanent signs may be illuminated with continuous lighting, and can include neon tube lighting, external and internal lighting. No sign shall be illuminated so that the bulb or other primary source of the light is visible beyond the property line or in any way will cause excessive glare or brightness. Wall signs on side or rear elevations within one hundred fifty feet from any residential zoning district may be illuminated only from 7:00 a.m. to 10:00 pm. The city reserves the right to require and/or complete a post-installation inspection of the sign illumination. If, as a result of this inspection, it is determined that the illumination is so bright as to adversely impact adjacent properties or uses, the city may require shielding or a reduction and/or adjustment in the intensity of the sign illumination, so that it is in keep-ing with the general level of illumination on surrounding properties. Such intensity restriction may vary by time of day and ambient light conditions. Illuminated signs located adjacent to any residential area shall be shielded to direct light downward and away from adjacent properties such that there is no spillover light and shall be controlled by a rheostat or functional equivalent to avoid excessive glare to residential properties.

Standards. All signs in nonresidential districts are subject to the standards in this section, except that residential uses in nonresidential zoning districts must comply with standards for signs in residential zoning districts.

Permit Required. A sign permit is required for installation, replacement, or a face change of the signs listed in Tables 19.44.160(a) and (b). Signs conforming to a previously approved Master Sign Program do not require a separate planning permit. Multi-tenant properties with six or more establishments must obtain a Master Sign Program permit.

Specialized Sign Requirements.

Standards. Table 19.44.170 applies to permitted nonresidential uses and multifamily residential uses in residential zoning districts.

Permit Required. A sign permit is required for installation, replacement, or a face change of the signs listed below.

Residential Project Identification Signs. Signs identifying a residential project shall follow ground sign regulations shown in Table 19.44.170, and are limited to one per street frontage.

Signs that Require a Permit. A sign permit is required for installation of temporary signs listed below:

Signs that Do Not Require a Permit. The following types of temporary signs are allowed without a permit.

Noncommercial Message. The sign does not display a commercial message.

Sign Area. The total of all temporary signs on a single premises shall not exceed sixteen square feet in total sign area, except that during the pre-election period (ninety days prior to an election and ten days after an election), the total area of all signs shall not exceed thirty-two feet in area. These limitations on total sign area do not apply to window signs.

Sign Height. Signs shall not project above any wall, fence, or other structure to which the sign is affixed. Temporary ground signs and portable signs shall not exceed three and one-half feet in height measured from the ground immediately adjacent to the sign.

Location. Signs shall not be placed on trees or in walkways, driveways, or other areas of the property used for vehicular or pedestrian travel. Temporary ground signs and portable signs may not be placed in the public right-of-way except as authorized by Section 9.58.090.

Permission of Owner. Signs shall not be placed in any location without the permission of the owner or occupant of the property. In the case of signs that are allowed in the public right-of-way pursuant to Chapter 9.58, signs shall not be placed without the permission of the owner or occupant of the contiguous and adjacent private parcel.

Flags displaying noncommercial messages do not count toward the total sign area for temporary signs as long as the total area of each flag does not exceed sixteen square feet.

Flags displaying commercial messages are prohibited in residential zones except for multifamily uses. For multi-family uses, up to four flags with commercial messages are allowed. The maximum flag size is fifteen square feet and the maximum height is twenty feet, as measured from the ground and including the pole. Maximum lateral dimension is twenty-five percent of the total height of the pole or structure.

Places of Assembly. Churches, community centers, and other places of assembly located on residentially-zoned property are not subject to this section. Places of assembly are subject to the regulations applicable to signs in commercial zoning districts.

Permitted Zoning District. EMC signs are permitted only in the regional retail areas.

Permitted by Use. Places of assembly and theaters may establish a separate EMC sign in addition to any primary signs allowed in the applicable zone district.

Calculation Towards Sign Area. EMC signs are counted towards sign area limitations of the subject zoning district. If the EMC is a ground sign, no other ground sign is allowed in that location. If the EMC is located on a building, it shall count towards the maximum building sign allowance. If the EMC is located in a window, it shall count towards the maximum window coverage.

Sign Area. An EMC wall sign shall not exceed one hundred square feet sign area, and an EMC ground sign shall not exceed fifty square feet sign area per side.

Sign Height. EMC sign height shall not exceed ten feet high as measured from top of nearest curb.

Location.

Message Requirements.

Prohibition on Temporary Signs. If an EMC is installed on a property, no temporary signs are allowed for the property during any time that the EMC is in operation.

Purpose. The purpose of allowing decorative banners for automobile retail establishments located in the ECR-C zoning district along El Camino Real is to recognize the distinctive requirements of this form of retail and to foster a unified image of a Sunnyvale "auto row." Uniform decorative banners strengthen the collective impact of display and advertising for auto retail along El Camino Real, in a manner that is attractive, compatible, and safe, and enhances the streetscape and the economic well-being of the city.

Decorative Banner Program. Any automobile retail establishment desiring to display decorative banners may do so only as a participant in an approved decorative banner program. All decorative banners must be consistent with the approved program, and no more than one decorative banner program may be approved for any twelve-month period.

Decorative Banner Program Permit and Requirements. The director may approve a decorative banner program permit in accordance with the regulations and criteria set forth in this section. The following regulatory standards are required conditions for any decorative banner program:

Permit Application. An application for a decorative banner program permit shall be made on a form supplied by the director and initiated by owners or agents of automobile retail establishments. The application shall be accompanied by the required fee, as adopted by resolution of the city council. In order to apply, the applicants must demonstrate, by providing written documentation that at least fifty-one percent of the automobile retail establishments located along El Camino Real in Sunnyvale consent to the proposed program.

Along with demonstrating that all of the above required conditions of approval have been met, the following information shall be submitted to the director in conjunction with an application for a permit:

Permit Duration and Renewal. A decorative banner program permit may be issued for a total of twelve months with a maximum of four sets of decorative banners. A set of decorative banners may be displayed for a maximum of six months, after which the banners shall be removed or replaced by another set of decorative banners which have been pre-approved; however, upon request, the director may approve an extension of display time for any set of decorative banners for up to six additional months. Maximum total duration is one year. The permit shall expire automatically after twelve months from the date of issuance. Upon expiration of the permit, automobile retail establishments may apply for another permit following the same procedures as for an original application.

Appeal of Denial of Permit. The applicant may appeal the decision of the director to deny a decorative banner program within fifteen days of the decision to the planning commission, in accordance with the general procedures set forth in Chapter 19.98. The planning commission may approve, approve with conditions, or deny the application for a decorative banner program. The decision of the planning commission shall be final.

Applicability. A Master Sign Program is required whenever any of the following circumstances exists:

Allowable Modifications. A Master Sign Program may provide for exceptions from the standards of this chapter, subject to the findings in Section 19.44.230, Exceptions to sign standards.

Review Authority. All Master Sign Programs are reviewed with a sign permit.

Required Findings. In order to approve a Master Sign Program, the following findings must be met, in addition to other applicable regulations in this section:

Revisions to Master Sign Programs. The director may approve revisions to an approved Master Sign Program with a sign permit.

Requests for Exceptions. Unusual site conditions may warrant signs not otherwise permitted by this chapter. A sign permit application that includes a request for exceptions to standards established by these regulations is subject to review by the director and shall include reasons for the request. The maximum allowable deviation is twenty-five percent of the requirement.

Any of the following aspects of a permanent sign are eligible for the consideration of an exception:

Findings for Approval of an Exception. An exception to the sign regulations may be granted only if all of the following findings are met:

Repairs and Minor Alterations. A nonconforming sign may be maintained and repaired. A nonconforming sign may also be altered as a change of copy, sign face or color. Any such minor alteration cannot increase the sign's nonconformity. Any repair that qualifies as a major alteration or expansion must meet the requirements of the relevant subsection(s) of this chapter.

Major Alterations. Alterations that change the sign location, frame, or sign support structure require the sign to meet current requirements.

Expansion of the Sign. Any expansion of a sign structure that affects a nonconforming sign shall meet current requirements. Affected signs are signs that must temporarily or permanently change the location or appearance of the sign, excluding sign face changes.

Approval of a Discretionary Review. The director or applicable approving body may require a nonconforming sign to meet current requirements as a condition of a sign permit, use permit or special development permit.

Discontinuance of Use. A sign associated with a use that has been discontinued for a period of ninety days must conform to current requirements. Notice shall be sent to the property owner who will have ten days to respond to the notice.

Replacement. Nonconforming signs may be replaced only under the circumstances provided for in Section 19.50.090 (Damage or destruction of a nonconforming use).

Applicability. A TDM program shall be required for the following developments:

Goals for Peak-Hour Trip Reduction. TDM programs must meet the following goals in peak-hour trip reduction for the entire project site:

Standard M-S and M-3 FAR Zoned Sites. The approving body may require a TDM program for projects requir-ing a use permit for floor area ratio exceeding those thresholds defined in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio).

TDM programs required by this section shall be administered and enforced by the director of public works pursuant to Chapter 10.60 of this code.

Applicability. A TDM Program is required of all new developments and redevelopments of ten or more residential units, including residential components of mixed-use developments.

Standards. The city council shall adopt standards for the multi-family residential Transportation Demand Management (TDM) Program which shall contain specific requirements necessary for compliance. These standards shall be updated from time to time to reflect best practices in the field of transportation demand management.

Administrative Procedures.

Noncompliance. The director of community development shall enforce the provisions of this section. In addition to any other remedies authorized by law, if the director determines that the project during construction does not or is unlikely to comply with the approved TDM plan, a stop work order may be issued. The stop work order shall remain in effect and final certificate of occupancy withheld until the director determines that the project will be brought into compliance with the approved TDM plan.

Hardship or Infeasibility Exemption. If a project applicant believes that circumstances exist presenting an unreasonable hardship to meet the requirements of this section, the applicant may apply for an exemption in their development application. In applying for an exemption, the burden is on the applicant to show significant hardship. The exemption request shall be decided by the approval authority for the development permit. Hardship exemptions shall only be granted in unusual circumstances based upon a showing of good cause and a determination that the public interest is not served by compliance or other compelling circumstances. An unreasonable hardship shall be defined as practical infeasibility, difficulties, or results inconsistent with the general purposes of this chapter.

Modifications of TDM Plan. Any modification of an approved TDM plan requires a miscellaneous plan permit under Chapter 19.82 of this code. A request to modify a TDM plan may only be granted if it is designed to be at least as effective as the original TDM plan in meeting the objectives and purposes of this chapter.

Appeal. Any person aggrieved by a final decision of the director of community development may appeal the decision to the planning commission pursuant to Section 19.98.070.

Findings. The city council finds that:

Purpose. The purpose of this chapter is to ensure sufficient and well-designed vehicular and bicycle facilities that satisfy the need for sufficient parking on a property. Parking rates are also designed to achieve maximum efficiency of parking areas and reduce the occurrence of both large numbers of empty spaces or overcrowding in parking lots at daily or weekly peak times.

This chapter applies to all uses on a property where parking is required or voluntarily proposed. The following types of projects require upgrades or changes as specified:

Exemption from Minimum Parking Requirements. A development project located within one-half mile of a major transit stop is not required to comply with minimum parking requirements.

Specific Plans. Minimum parking rates for specific plan properties, including the Downtown Specific Plan, Moffett Park Specific Plan, Peery Park Specific Plan, Lawrence Station Area Plan, and El Camino Real Specific Plan are listed within Chapter 19.28 (Downtown Specific Plan District), Chapter 19.29 (Moffett Park Specific Plan District), Book 2 of the Peery Park Specific Plan, Chapter 19.35 (Lawrence Station Area Plan), and Chapter 19.36 (El Camino Real Specific Plan), respectively. All other standards in this chapter apply to specific plan areas.

Design Guidelines. New construction and building or site modifications shall conform to the citywide design guidelines or other applicable guidelines to ensure sufficient and well-designed vehicular, bicycle and pedestrian facilities.

Location. Required parking shall be located off-street. Parking is allowed in all required yards. Up to fifty percent of the front yard may be used for vehicle parking. The following special restrictions apply:

Type. Residential developments are required to provide assigned and unassigned parking spaces in accordance with this chapter unless exempted by Section 19.46.030.

Minimum Spaces. Residential uses must provide minimum spaces in accordance with the use types as described in this chapter unless exempted by Section 19.46.030. When any fraction of a parking space is required, the entire space shall be provided. Conversion of any garage or carport for any residential use shall meet the requirements in Section 19.46.050(e) (Garage or carport conversion).

Parking Lots. Parking lots shall meet the requirements in Section 19.46.120 (Parking lot design).

Parking Surfaces. Parking surfaces shall meet the requirements of Section 19.46.120(c) (Parking lot surfaces and markings).

Mechanized Parking. Parking lifts, carousels or other types of mechanized parking shall be located within a building or parking structure.

Minimum Spaces. Each single-family dwelling and two-family dwelling shall provide a minimum of four spaces total, two of which shall be covered and not in tandem unless exempted by Section 19.46.030. Covered spaces are required to meet the requirements in Section 19.46.040 (General requirements for residential parking) as shown in Figure 19.46.050 (Single-Family and Two-Family Dwelling Parking Dimensions). Uncovered parking spaces on a driveway with minimum dimensions of seventeen feet in width by twenty feet in depth and located in front of a garage or carport shall count as two of the four spaces required for single-family and two-family dwellings.

Single-Family Homes with Less Than Two Covered Spaces. Any legal nonconforming single-family dwelling with less than two covered parking spaces is subject to the following:

Additional Parking Required. New developments of single-family or two-family dwellings with limited street parking shall provide an additional 0.4 unassigned parking spaces per unit in addition to the minimum spaces required. Parking spaces on driveways do not qualify as required unassigned parking.

Driveway Widths. A driveway leading to a garage at the rear of the lot shall be at least ten feet wide.

Garage or Carport Conversion. As provided in Chapter 19.79 (Accessory Dwelling Units), replacement parking is not required when a garage or carport is converted to an accessory dwelling unit, or demolished for the purpose of constructing an accessory dwelling unit. Otherwise, conversion of a garage or carport to a non-parking use requires review through a miscellaneous plan permit, which shall be conditioned on replacement of each converted space by a covered space that meets current standards.

Definitions.

Minimum Spaces. Multiple-family dwellings are required to provide at least one covered assigned space per unit and additional unassigned spaces in accordance with Section 19.46.040 (General requirements for residential parking) and Table 19.46.060 (Parking for Multiple-Family Dwellings) unless exempted by Section 19.46.030.

Additional Parking Required. The director or any approving body may require additional unassigned parking spaces beyond the minimum requirements for projects with limited street parking.

Compact Spaces. Up to ten percent of the total number of unassigned parking spaces may be compact in parking lots of ten or more spaces.

Bicycle Parking. New multiple-family developments shall provide bicycle parking in accordance with Section 19.46.150 (Bicycle parking).

Parking Management Plan. If on-site parking is required or voluntarily proposed in conjunction with a new multiple-family development, a parking management plan in accordance with Section 19.46.160 (Parking management plans and tools) is required.

Minimum Spaces. Single room occupancy facilities shall provide spaces in accordance with Table 19.46.070 (Parking for Single Room Occupancy Facilities) unless exempted by Section 19.46.030.

Compact Spaces. Up to ten percent of the total number of uncovered and unassigned parking spaces may be compact in parking lots of ten or more spaces.

Definition. "Special Housing Development" includes:

Minimum Spaces. Special housing developments shall provide spaces in accordance with Table 19.46.080 (Park-ing for Special Housing Developments) unless exempted by Section 19.46.030.

Request for Reductions. Special housing developments may request a reduction in parking requirements as described in Section 19.46.130 (Adjustment to parking requirements).

Compact Spaces. Up to ten percent of the total number of unassigned parking spaces may be compact in parking lots of ten or more spaces.

Parking Management Plan. A parking management plan is required for all special housing developments to ensure an adequate mix of assigned and unassigned parking spaces for residents, staff and guests. Parking management plan requirements are located in Section 19.46.160 (Parking management plans).

Minimum Spaces. Mobile home parks shall have two spaces per unit plus one space per employee living off site plus one space per special purpose vehicle unless exempted by Section 19.46.030.

Tandem Parking. Tandem parking is permitted for mobile home parks.

Compact Spaces. Compact spaces are prohibited.

Allowable Locations for Parking. Required or voluntarily proposed parking shall be located off-street. Parking is allowed in any required setback area except for required vision triangles described in Section 19.34.060 (Vision triangles). Parking shall be located on site unless a parking management plan is approved with associated parking agreements.

Type of Parking. Parking may be provided in the following forms: surface lots or within parking structures. Parking lifts, carousels or other types of mechanized parking shall be located within a building or parking structure and require approval of the planning commission through a use permit, special development permit, or a plan review permit. Any proposal for mechanized parking shall be accompanied with a proposed parking management plan.

Minimum Spaces. Nonresidential uses shall provide parking in accordance with Tables 19.46.100(a), (b) and (c) (Nonresidential Parking Requirements) unless exempted by Section 19.46.030. All square footage numbers refer to gross floor area of the use. For uses not listed, the director shall determine required parking ratios based on accepted guidelines such as ITE or ULI. When any fraction of a parking space is required, the entire space shall be provided. Uses that provide certain facilities may be allowed fewer parking spaces as described in subsection (d) (Incentives).

Incentives. The total number of parking spaces may be reduced by up to three percent of the total spaces if the development includes the installation of employee showers and locker rooms. Calculations justifying the parking reduction shall be submitted with the planning application.

Shared Parking. Shared parking between developments may be approved as part of a use permit, plan review permit, or special development permit and is not subject to the requirements for multiple uses on a property in subsection (f) of this section.

Multiple Uses on a Property. For multi-tenant properties, the approving body may use a combination of appropriate requirements to determine the required parking. Shopping center uses are regulated separately in Section 19.46.110(i) (Shopping centers).

Additional Requirements. Tables 19.46.100(a), (b) and (c) list additional requirements as described in this section.

Fleet Vehicles. Parking of fleet vehicles is regulated separately in Section 19.46.140 (Parking and storage of fleet vehicles).

Auto Sales and Rental. Auto sales and rental is defined in Chapter 19.12 (Definitions). Unenclosed display spaces and storage of cars for auto sales do not count towards required parking. Building areas devoted to vehicle repair and service shall be parked at the minimum for auto-service uses.

Auto-Service Uses. "Auto-service uses" include gasoline stations, autobroker and wholesale auto sales, carwashes and vehicle service and repair as defined in Chapter 19.12 (Definitions). The following requirements apply to autorelated uses:

Education Uses. Education uses are defined in Chapter 19.12 (Definitions). Parking rates are calculated for the maximum number of students or children that can be on-site at any given time.

Hotels. Hotels are defined in Chapter 19.12 (Definitions). Hotels with banquet facilities, meeting facilities or restaurants with a bar require a parking study.

Places of Assembly. Place of assembly includes both business-serving and community-serving as defined in Chapter 19.12 (Definitions). "Primary gathering areas" means rooms such as auditoriums, sanctuaries, primary conference rooms and similar areas. Primary gathering areas include all space within the room, wall to wall. The director or approving body may require additional parking if other areas are expected to generate significant parking demand during use of the primary gathering area.

Recreational and Athletic Facility. Recreational and athletic facility is defined in Chapter 19.12 (Definitions). "Classroom areas" are any space set aside for workout instruction, spinning class or similar use. Classroom areas do not include sport courts.

Retail. Retail uses include retail sales, retail service and personal service uses as defined in Chapter 19.12 (Definitions). Retail does not include auto sales.

Restaurants. Restaurant is defined in Chapter 19.12 (Definitions). For the purposes of parking, the following clarifications are applied.

Shopping Centers.

Access. Parking spaces shall have direct access to a public or private roadway or shall be served by an aisle or driveway leading to the roadway. All uses requiring or voluntarily proposing more than fifteen parking spaces shall be served by a single two-way driveway or two one-way driveways.

Minimum Dimensions.

Surfaces and Markings.

Parking Areas in Vision Triangles. Parking areas are subject to the vision triangle requirements in Section 19.34.060 (Vision triangles).

Design Guidelines. Parking lot design and lighting is subject to the citywide design guidelines.

Landscaping Area. Parking lot landscaping shall follow the general requirements of Chapter 19.37 (Landscaping, Irrigation and Useable Open Space). A minimum of twenty percent of the parking lot area is required to be landscaped. Parking lots in single-family zoning districts (R-1, R-0, R-1.5 and R-1.7/PD) are exempt from parking lot landscaping requirements.

Shading Requirements. Trees shall be planted and maintained throughout the parking lot to ensure that at least fifty percent of the parking area will be shaded within fifteen years of tree establishment. Up to twenty-five percent of the fifty percent parking lot shading requirement (twelve and one-half percent of the total parking lot area) may be met with installation of solar energy systems rather than trees.

Groundcover and Shrubs on Parking Islands. Parking islands shall contain living groundcover or shrubs with trees unless it can be shown that groundcover is incompatible with the tree. If living groundcover is found unsuitable, porous, nonliving groundcover may be used.

Purpose. A parking adjustment permits flexibility in parking requirements to address unusual or specific use or locational characteristics.

Applicability. Adjustments may be granted from parking ratio minimums, maximums or type of bicycle parking provided for nonresidential uses or for special housing developments as described in Section 19.46.080 (Parking for special housing developments). Adjustments are not permitted for residential parking ratios except for special housing developments. An adjustment request may be reviewed by the approving body as part of any discretionary permit or, if no discretionary permit would be otherwise required, a miscellaneous plan permit. Changes in use for existing properties with established parking lots do not require an adjustment to exceed the parking maximum. A request to deviate from any other requirement in this chapter requires a variance.

Findings for Parking Adjustments for Special Housing Developments. To grant an adjustment from a parking minimum for special housing developments, the director or approving body shall find:

Findings for Parking Adjustments from Minimum Parking Ratios for Nonresidential Uses. To grant an adjustment from a parking ratio minimum for nonresidential uses, the director or approving body shall find:

Findings for Parking Adjustment from Maximum Parking Ratios. To grant an adjustment from a parking ratio maximum, the director or approving body shall find:

Findings for Parking Adjustment from Type of Required Bicycle Parking. To grant an adjustment from the type of bicycle parking required, either secured or bicycle rack, the director or approving body shall find:

Definitions.

Applicability. This section regulates the accessory storage or parking of fleet vehicles in parking lots. Parking of fleet vehicles on streets or on residential properties is regulated in Title 10 (Vehicles and Traffic). Service yards for fleet vehicles require a use permit reviewed by the planning commission.

Commercial Vehicles in Residential Zoning Districts. Storage and parking of commercial vehicles is prohibited in residential zoning districts and residential uses.

Fleet Vehicles in Nonresidential Zoning Districts. Storage and parking of up to five fleet vehicles is permitted on each property for nonresidential uses. Properties with more than five fleet vehicles require a miscellaneous plan permit. To approve the additional fleet vehicle parking, the director shall be able to make the findings that:

Definitions.

Applicability. Bicycle parking shall be provided for multiple-family uses and nonresidential uses as specified in Tables 19.46.100(a), (b) and (c).

Number of Bicycle Parking Spaces. Bicycle parking shall be provided in the following amounts:

Definitions.

Applicability. Parking management plans shall be provided when required by this chapter. Parking management plans shall be reviewed by the director with a miscellaneous plan permit or by the hearing body reviewing the associated development. Uses in a public parking district are exempt from requirements for a parking management plan unless required as a condition of approval of a planning permit.

Submittal Requirements. Submittal requirements shall include information about peak hour use, vehicular circulation, total number of parking spaces, distribution of parking on the site, needs of specific users, including employees, guests, residents and patrons and other applicable information deemed necessary by the director.

Parking Management Tools. Proposed parking management tools may include valet parking, designation of car sharing or guest spaces, parking agreements, short-term parking, transit subsidies for employees or residents, or other tools to achieve parking efficiency. Valet parking or fee-based parking shall be considered as part of a new or amended parking management plan. To approve valet parking or fee-based parking, the director shall be able to make the findings that:

Temporary Uses. Valet parking is permitted at temporary events such as a festival.

MP and M-S Zoning Districts Only. Off-site stadium parking may be permitted on properties located in the MP (Moffett Park Specific Plan) and M-S (industrial and service) zoning districts. Off-site stadium parking is prohibited in all other zoning districts.

Operations and Property Owner Responsibility. The owner of the property for which off-site stadium parking has been permitted shall be responsible for ensuring compliance with the requirements of this chapter and any permit conditions of approval during operations. Off-site stadium parking operations shall comply with the following:

Permit Required Annually. No person may operate a parking lot for off-site stadium parking without first obtain-ing a miscellaneous plan permit (MPP) from the director, in accordance with Chapter 19.82 (Miscellaneous Plan Permit). A MPP issued shall be valid for up to one calendar year from the date of permit issuance. The director may issue subsequent MPPs for the same property to continue operations annually.

Applications. MPP applications for off-site stadium parking shall include the following:

Revocation Notice and Hearing. Notice of revocation shall be mailed to the permittee at the address specified in the permit. The notice shall specify the time and place of an administrative revocation hearing with the director of community development no sooner than the sixth business day following the mailing date of the notice of revocation. The permittee shall be given the opportunity to present written and oral evidence on the issues of noncompliance of the permit conditions at the hearing. Failure to appear at the hearing shall constitute a waiver of any objections to the revocation or other appropriate remedy imposed by the director and shall result in revocation or modification of the permit.

Revocation or Modification Findings and Decision. Following the hearing, the director may revoke or modify the permit if the director makes one or more of the following findings:

Reaffirmation. If the director does not make any of the findings in subsection (b), the director shall reaffirm the permit.

Notice of Decision. Upon revocation, modification or reaffirmation of the permit, a written notice of the decision shall be prepared and mailed to the permittee at the address specified in the permit. If the permit is revoked, the notice shall contain a statement directing the permittee to immediately cease the permitted use, and that failure to cease such use shall be subject to enforcement and penalties as set forth in Chapter 1.04.

Appeal of Revocation. A decision by the director to revoke for noncompliance a miscellaneous plan permit for off-site stadium parking may be appealed by the permittee to the City Council. The permit shall be suspended pending a determination on the merit of the appeal.

Definitions.

Applicability. Fences are permitted in all zoning districts with permitting requirements as described in Table 19.48.025. Vegetation may be considered a fence and is subject to the requirements of this section.

Prohibited Materials. It is unlawful to erect any electrically charged fence or any fence composed of barbed wire, razor wire or other material which is designed to cause injury upon contact on or adjacent to any residential use regardless of the underlying zoning. Chain link fences may not be constructed after January 1, 2010 in the front or reducible front yard of residential uses and residential zoning districts.

Measurement of Fence Height. Fence height in the rear and side yard (not located on a street) is measured from the highest adjoining grade to the highest point of the fence. Fence height in the front and reducible front yard is measured from the top of curb, or street if there is no curb to the highest point of the fence.

Vision Triangles. All fences, except open fences must meet vision triangle requirements described in Section 19.34.060 (Vision triangles).

Fences in the Public Right-of-Way. Fences or walls may be built to the existing sidewalk, or if there is a monolithic sidewalk or if there are no sidewalks, to the existing property line; however, nothing in this section shall prohibit the city from exercising its rights pursuant to existing public rights-of-way or easements, and nothing in this section shall be construed as a waiver by the city of its rights thereto. Further, nothing in this section shall be construed as establishing any responsibility on the part of the city for any fence or wall, or portion thereof, which is constructed within the public right-of-way or easement.

Property Owner Responsibility. It is the responsibility of the affected property owners to determine the desired height for any fence built along a property line.

Reducible Front Yard Fences. For fences in the required reducible front yards, fences greater than six feet up to eight feet tall may be allowed as a matter of right provided they are set back two feet from the property line for every foot in height above six feet. For example, a seven-foot tall fence must be set back two feet from the property line. Fences that do not meet this setback must obtain approval through a miscellaneous plan permit.

Spas and pools which extend more than eighteen inches above grade must meet the side and rear yard setback requirements of the zoning district of the property where such pool or spa is located.

Pool and spa equipment shall not be constructed or located within three feet of any other structure or any property line, and shall comply with adopted noise requirements.

Covers are required for new pool or spa installations.

A building legally built and occupied as a dwelling, in all zoning districts except R-1, R-0 and R-2, which does not meet current development standards except for lot area per dwelling unit, may be repaired, altered, enlarged or replaced without requiring a variance provided:

A building legally built and occupied as a single-family or duplex dwelling in the R-0, R-1 and R-2 zoning districts may be repaired, altered, enlarged or replaced without a variance even if it does not meet current development standards for lot area per dwelling unit, provided all other current development standards are met and any required permits are obtained.

A building legally built and occupied as a single-family dwelling in a nonresidential zoning district may be repaired, altered, enlarged or replaced without a variance provided that it complies with applicable development standards for the R-0 district.

A building legally built and occupied as a two-family dwelling in a nonresidential zoning district may be repaired, altered, enlarged or replaced without a variance provided that it complies with applicable development standards for the R-2 district.

A building legally built and used for nonresidential purposes, in any zoning district, which does not meet current development standards may be repaired, altered, enlarged or replaced without requiring a variance provided any repair, alteration, addition or enlargement must comply with the latest applicable zoning standards. Any required permits must be obtained.

If the existing building is damaged to the extent that repairs would exceed fifty percent of the value of the build-ing, as determined by the building official, the entire building must comply with the latest applicable zoning standards. Any required permits must be obtained.

If the existing building is damaged by a catastrophic event to the extent that repairs would exceed fifty percent of the value of the building, as determined by the building official, a use permit may be obtained to allow reconstruction to its configuration prior to damage by the catastrophic event. An application for such a use permit to replace the nonconforming structure shall be heard by the planning commission and is subject to the procedures set forth in Chapter 19.88. The application must be submitted within six months of the catastrophic event. Failure to apply for a building permit within three months of the issuance of the use permit, or failure to begin construction within three months of the issuance of a building permit, shall be deemed to be discontinuation or abandonment of the use permit. In granting a use permit, the planning commission must take the following factors into account:

No structural alterations are made.

The new use is the same type as, or no more incompatible with the zoning district than, the previous use.

Except as otherwise provided in subsection (b), if any building occupied by a nonconforming use has been damaged or destroyed to the extent that the cost of repairs to the building would exceed fifty percent of the value of the building, then the repaired or reconstructed building shall not thereafter be occupied by a nonconforming use. If any part of a building occupied by a nonconforming use has been damaged or destroyed to the extent that the cost of repairs to that part of the building occupied by a nonconforming use would exceed fifty percent of the value of that part of the building, then the repaired or reconstructed part of the building shall not thereafter be occupied by a nonconforming use. The determination of the cost of repairs and the value of the building or part thereof shall be made by the building official.

Any nonconforming residential use that was in conformity at the time it was constructed or added to, located in any residential or commercial zoning district, that is damaged or destroyed may be reconstructed within one year of such damage or destruction with the same number of units, provided that the reconstructed portion does not enlarge the area, space, volume or increase the nonconformity.

Any covered residential parking built within one year of damage or destruction to replace covered parking shall not require more than a one-for-one replacement.

In the event an unenclosed nonconforming use is abandoned or is discontinued for a period of six months or more, subsequent use of such land shall comply with the provisions of this title.

Any building or part thereof which has been vacated by a nonconforming use and subsequently occupied by a conforming use shall not thereafter be occupied by a nonconforming use. In the event a nonconforming use of any build-ing or part thereof has been abandoned or discontinued for a period of one year or more, subsequent use of such building or part thereof shall comply with the provisions of this title.

Findings. The city council makes the following findings:

Purpose. This chapter regulates and establishes standards for inclusion of art in private development.

Major Intersection. Nonresidential development, including hotels, shall provide art when located at a major street intersection listed in this section. A lot is located at one of the referenced intersections if the lot has frontage along both of the streets forming the intersection. The development may include either new construction of a main building of any size, an addition of at least ten thousand square feet to a main or accessory building, or new construction of an accessory building.

Lots of Two Acres or More. Nonresidential development, including hotels, shall provide art when located on any lot of two acres or more. The development may include either new construction of a main building of any size, an addition of at least thirty thousand square feet to a main or accessory building, or new construction of an accessory building. If more than one lot is developed jointly or as an integrated project, the requirements of this chapter apply if the aggregate lot area is two acres or more, regardless of whether the property is under common ownership.

Phased Projects. In the event of construction occurring over a period of time, projects become subject to this chapter when the aggregate floor area of all construction reaches the specified levels.

Public Interest. Art may be required for any proposed project, including those not mentioned in this section when deemed in the public interest.

Provision of Art. Projects shall provide publicly visible art on site that is equal in value to two percent of the project construction valuation.

Building Valuation. Building permit valuation is determined by the chief building official using the city building permit valuation formula. Valuation of development projects includes the construction of the building shell. Valuation does not include land acquisition, site improvements, parking structures, off-site improvements or tenant improvements. In the event of multi-phased development, valuation is based on the cost of all phases, even though all phases may not be completed at the same time.

Art Valuation. When calculating the value of an art to be placed on a private development site, eligible costs include:

Art Valuation Remainders. In some instances the cost of artwork may not equate precisely to two percent of the construction valuation. If the developer does not spend the entire two percent on public art, then the remaining amount shall be contributed to the public arts fund.

Alternative to Provision of Art. Developers may choose to make a contribution to the public arts fund in-lieu of placing art on their project site. Developers shall allocate an in-lieu amount equal to 1.1 percent of the building valuation. The additional 0.1 percent is to be used for maintenance of art provided through the public arts fund. The in-lieu fee shall be paid prior to issuance of the building permit.

Type of Art. Art should be one significant piece of art, except that requirement may be met with several works of art when specifically found by the arts commission to fulfill the intent of this chapter. The nature and style of the art is considered in the context of other similar art in the surrounding area to encourage a wide range of types of art, styles and materials in order to create a balanced and interesting artistic and aesthetic appearance. The following types of art are permitted as long as they are on a large public scale:

Artist Qualifications. The artist is required to have experience and knowledge of monumental-scale art intended for public viewing. The artist's qualifications will be evaluated and examples of past work may be reviewed to determine whether or not the artist has appropriate experience for the project.

Artistic Preference. The determination of artistic preferences is primarily a function of the owner or developer of the property. It is the intent of this chapter to provide for the public display of private art on private property without substituting the artistic preferences of the city for those of the owner or developer of the property.

Visibility and Locations. Appropriate locations may include, but are not limited to, vehicular entryways to the property, plazas, greenbelts and building façades. The location selected should allow reasonable accessibility to the art, including visibility of the art from the public street. The location shall be exterior and installation of the art piece shall enhance the art and allow for unobstructed public viewing from as many angles as possible. When located in proximity to major traffic thoroughfares, the art should be at a motorist's scale and oriented toward the view corridor of the motorist. The art shall be an integral part of the landscaping and/or architecture of the buildings.

Proportional Size. The art shall be proportional to the scale of the development and designed to create an artistic, visual and aesthetic impact upon observers. Particularly in locations on major thoroughfares and major intersections, the art should be of such size and nature as to strengthen the urban design and aesthetic quality of life in the community.

Inoffensive. Because the art will necessarily be highly visible to the public, will be associated with city requirements, and because the traveling public will have no real opportunity to avoid the visual aspects of the art, expressions of obvious bad taste or profanity is prohibited. It is the intent of this criterion to address proposed art which by its nature would generally be considered offensive to the public.

Permanence. The art shall be a permanent, fixed asset to the property. The composition of the art shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and weather resistant.

Art Permit Required. An art permit is required for installation of art in private development. The art permit shall be obtained prior to building permit occupancy. In phased projects, the director retains discretion as to which building permit triggers the need for the art permit application.

Application. The art permit application shall contain the following information:

Finding. The proposed art is consistent with Section 19.52.040 (Standards for art) and the purpose of this chapter.

Decision. The application, along with the recommendation of the superintendent of community services, will be forwarded to the arts commission for review and action at a public hearing. The arts commission, based on the finding, may either:

Appeals. Actions of the arts commission may be appealed by any aggrieved person in accordance with Chapter 19.98 (General Procedures). The city council, based on the finding, may either:

Failure to Act. Failure of the arts commission to act on a permit application within sixty calendar days, or an extended period as mutually agreed upon by the applicant and the arts commission, is deemed a denial of the application. Denial may be appealed to the city council in accordance with this section. The superintendent of community services shall send a notice of the action to the applicant. Failure to send notice does not affect the arts commission action or extend any appeals period.

Applicability. Development of any property having an aggregate area of more than fifty acres may apply for a master art permit. Development may occur at one time or in phases and shall consist of contiguous lots.

Application. Application for a master art permit is filed in the same manner as an art permit, except that the application does not need to specifically identify each particular piece of art proposed.

Content. The master art permit may define the total obligation to provide art and include information on the quantity, type, orientation and timing of installation of the proposed art. The master art permit may waive art permit requirements for individual installations.

Decision. Decisions require a city council hearing after recommendation by the arts commission.

Timing of Installation. If art installation is impracticable prior to the anticipated date of building occupancy, the director may allow building occupancy provided that the art permit has been issued and the applicant has filed with the city adequate security to guarantee installation of the art. The security may take the form of a bond, letter of credit, cash deposit, or similar security instrument, along with an agreement to install the required art in such amount and form as is acceptable to the director.

Permit for Installation. The applicant shall obtain a building permit for the art.

County Recordation. Prior to completion of the art installation, a document shall be recorded with the county containing a description of the art and noting the obligation of present and future property owners to maintain and repair the art.

Plaque Required. Each piece of art shall provide an appropriate identification plaque or monument measuring at least eight inches by eight inches. The plaque shall be made of cast metal and be placed near the art piece. Information must include the date, title and artist. The requirement of this section may be waived if determined in a particular circumstance to be inconsistent with the intent of this chapter.

Maintenance. Art shall be maintained in good condition after its installation. Maintenance of the art includes related landscaping, lighting and the identification plaque. Violation of the maintenance requirements may result in the imposition of administrative fines and penalties under Chapter 1.06 (Administrative Fines and Penalties) and may include the city's cost of maintaining or repairing the art.

Removal. Removal of required art is prohibited without the city approval. The city may require replacement of the art. Removal or replacement of art shall comply with Section 19.52.050 (Art permit).

Public Arts Fund. This fund uses one percent of the construction valuation for the acquisition and installation of the art and administration of the public art program, including, but not limited to, improvements, site preparation, light-ing and landscaping.

Art Maintenance Fund. The 0.1 percent of the construction valuations shall be set aside in the art maintenance fund for repairing and maintaining art purchased by the in-lieu fee.

The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless telecommunication facilities and antennas. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the city as set forth within the goals, objectives and policies of the general plan, the telecommunications policy and the city-wide design guidelines, while at the same time providing for managed development of wireless telecommunications infrastructure in accordance with the guidelines and intent of the Telecommunications Act of 1996.

It is intended that the city shall apply these regulations in furtherance of the goals and policy objectives as set forth in the telecommunications policy, recognizing the city's roles as regulator, service provider, facilitator and user, including, but not limited to, the following:

Consistent with the foregoing purpose and objectives, and pursuant to the city's inherent police power authority to regulate such uses through zoning, building and safety requirements, the city seeks to:

Name, address and telephone number of the officer, agent or employee responsible for processing the application;

A map and narrative description of all telecommunication sites proposed or planned by applicant, including the specific site which is the subject of the application, which are to be located within the city and within one mile of any border of the city;

A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites;

Documentation certifying the applicant has obtained all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed in connection with the application;

A visual impact analysis, maximum silhouette and proposed or required screening. The visual impact analysis shall include scaled elevation diagrams within the context of the building, and photo simulations and may require photo overlays, scaled models, renderings, or mockups. A map depicting where the photos were taken shall be included;

Any application for a proposed facility which has been identified as not meeting the general requirements and design criteria shall include a narrative description and explanation of anticipated corrective measures;

At the discretion of the director of community development, the applicant may be required to provide an authorization and waiver to permit the city to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunication facility, including, but not limited to, compliance with applicable federal emission standards, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices. Any authorization for this purpose shall include an agreement by the applicant to reimburse the city for all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is hereby deemed not to be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant;

Where applicable, a plan depicting existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction and a maintenance plan (including an irrigation plan);

Name and address of the provider of service connecting the applicant's wireless facilities to one or more mobile telephone switching facilities and/or long-distance providers, or the public switched telephone network, and a statement about whether the service is wired or wireless. If at any time this information changes, the city must be provided with updated information promptly;

Any other relevant information as required by the director of community development.

Each facility must comply with any and all applicable provisions of the Sunnyvale Municipal Code, including but not limited to provisions concerning streets and sidewalks and provisions of the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, and any conditions of approval imposed as part of the approval process. As to any specific requirement which will not be satisfied, applicant shall provide a written narrative explanation which shall include, but not be limited to, the following information: specific identification of each requirement or requirements with which the proposed facility will not be in compliance; a detailed explanation why full compliance will not or can not be achieved; and as to each identified requirement, a description of feasible alternate measures proposed by the applicant which are designed to compensate for lack of compliance with the specific requirement.

Each facility must comply with any and all applicable regulations and standards promulgated or imposed by any state or federal agency, including, but not limited to, the Federal Communications Commission and the Federal Aviation Administration.

Certification must be provided that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to RF emissions.

Interference with city communication systems is prohibited. All proposed facility applications shall include reports, as required by the department of public safety, to evaluate for potential interference (HF, UHF, VHF, eight hundred mHz). The applicant shall be responsible for any costs incurred by the city, including the costs of retaining consultants, to review and analyze the reports.

The owner or operator of any facility shall obtain and maintain current at all times a business license issued by the city.

The owner or operator of any facility shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. Applicant shall notify city of any changes to the information submitted within thirty days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to the following:

Based on potential aesthetic impact, the order of preference for facility type is: façade mounted, roof mounted, ground mounted, and freestanding tower. If a ground mounted or freestanding tower is proposed, the application must include an explanation as to why other facility types are not being considered.

All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.

Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background.

Facility lighting shall be designed so as to meet but not exceed minimum requirements for security, safety or FAA regulations, and in all instances shall be designed so as to avoid glare and minimize illumination on adjacent properties.

Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.

Façade mounted equipment shall be camouflaged by incorporating the antenna into the dominant design elements of the building; they shall be painted and textured to match the existing structure, and shall not project beyond a maximum of eighteen inches from the face of the building or other support structure unless allowed by a minor use permit.