Discretionary Approvals. Any proposed use requiring a discretionary land use permit that includes new construction, changes to the exterior of a building or other site modification is subject to design review. Design review shall be conducted as part of the review of that discretionary permit.

Permitted Uses. Any permitted use that includes new construction, changes to the exterior of a building or other site modification is subject to design review. If the project is not subject to the required review procedures in Section 19.80.040 (Procedures and decisions) or subject to a miscellaneous plan permit, as provided in Chapter 19.82 (Miscellaneous Plan Permit), design review shall be conducted through the building plan check process.

Single-Family Homes and Duplexes. Single-story additions or any single-story modifications to single-family detached dwellings or duplex residential dwellings which add or modify less than twenty percent of the floor area of the existing structure are generally exempt from the required procedures in Section 19.80.040 (Procedures and decisions), except that the director of community development shall have the authority to require design review for any significant modification which changes the exterior appearance of the home. Significant modifications may include, but are not limited to: exterior materials; the number, placement, or design of windows or doors; and the height, pitch, or material of the roof.

Design Review without Public Notice or Hearing by Director. For design review applications listed in this subsection, the director of community development may, without public notice or hearing, approve the application as requested or as changed, modified or conditioned by the director or deny the design review application based on Section 19.80.050 (Finding). The following design review applications shall require design review without public notice or hearing:

Design Review with Public Notice and No Hearing by Director. For design review applications listed in this subsection, the director of community development may, after providing public notice as described in Chapter 19.98 (General Procedures) and a fourteen-day public comment period, approve the application as requested or as changed, modified or conditioned by the director, or deny the design review application based on Section 19.80.050 (Finding). On-site postings for single-family or duplex projects shall include a streetscape elevation showing the proposed home and one adjacent home on each side. The following design review applications shall require design review with public notice and no hearing:

Appeal of Decision by Director. A decision by the director of community development on a design review pursuant to subsections (a) and (b) may only be appealed by the applicant, the owner of the subject property, or the owner of a property within the required noticing radius as described in Chapter 19.98 (General Procedures). After receiving an appeal from the decision of the director, and following a public hearing, the planning commission, whose decision shall be final, by the affirmative vote of a majority of its voting members may:

Design Review with Public Hearing by Planning Commission. For design review applications listed in this subsection, the planning commission may, after holding a public hearing, approve the application as requested or as changed, modified or conditioned by the commission, or deny the design review application based on Section 19.80.050 (Finding). On-site postings for single-family or duplex projects shall include a streetscape elevation showing the proposed home and one adjacent home on each side. The following design review applications shall require design review at a public hearing by the planning commission:

Appeal of Decision by Planning Commission. A decision by the planning commission on a design review pursuant to subsection (d) may only be appealed by the applicant, the owner of the subject property, or the owner of a property within the required noticing radius as described in Chapter 19.98 (General Procedures). After receiving an appeal from the decision of the planning commission, and following a public hearing, the city council by the affirmative vote of a majority of its voting members may:

The director of community development, without notice or hearing, may:

After receiving an appeal by the property owner/applicant from the decision of the director of community development on a requested streamside development review, and following a public hearing, the planning commission by the affirmative vote of a majority of its voting members may:

General Reviews.

Ministerial Reviews.

Extensions of time for landmark alteration permits, special development permits, use permits and variances.

Temporary unenclosed uses subject to Chapter 19.61 (Temporary Unenclosed Uses) or appurtenant uses are permitted for:

Appurtenant swimming pool heaters and window-mounted air conditioning units which are permitted within any residential zoning district.

Emergency containers in accordance with Section 19.22.050.

Floor area ratio which would otherwise meet the maximum of thirty-five percent except that floor area occupied by showers and/or dressing rooms provided for use by bicycle commuters increases the total floor area ratio over thirty-five percent but less than forty percent. This FAR bonus over thirty-five percent shall only be allowed for bicycle related facilities. Request for higher percentage substitution shall be reviewed by the planning commission through the use permit process.

Mobile or portable living units as allowed by Chapter 19.68.

Mobile homes as allowed by Chapter 19.68.

In conjunction with a valid building permit, a portable storage unit (including cargo containers) may be allowed on private property during building construction or remodeling. The storage unit or cargo container shall be removed no later than one year from issuance of the miscellaneous plan permit or the completion of construction, whichever comes first.

In conjunction with a valid building permit, debris boxes or dumpsters may be allowed on private property during building construction or remodeling. The debris box or dumpster shall be removed no later than one year from issuance of the miscellaneous plan permit, or the completion of construction, whichever comes first.

Waivers from providing on-site art in private development and permission to pay an in-lieu art fee.

Review without Public Notice or Hearing by Director. Except for those applications listed in subsections (b) and (c), the director of community development, without notice or hearing, may:

Ministerial Reviews. For miscellaneous plan permit applications listed in this section, the director of community development, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The director's decision may be appealed to planning commission only by the applicant or the owner of the subject property.

Review with Public Notice and No Hearing by Director. For miscellaneous plan permit applications listed in this subsection, the director of community development may, after providing public notice as described in Chapter 19.98 (General Procedures) and a fourteen day public comment period, approve the application as requested or as changed, modified or conditioned by the director, or deny the application based on the required findings. The following miscellaneous plan permit applications shall require review with public notice and no hearing:

Review with Public Notice and No Hearing by Director. For miscellaneous plan permit applications listed in this subsection, the director of community development may, after providing public notice as described in Chapter 19.98 (General Procedures) and a fourteen-day public comment period, approve the application as requested or as changed, modified or conditioned by the director, or deny the application based on the required findings. The following miscellaneous plan permit applications shall require review with public notice and no hearing:

Appeal of Decision by Director—General. After receiving an appeal from the decision of the director of community development on a miscellaneous plan permit, and following a public hearing, the planning commission, whose decision is final, by the affirmative vote of a majority of its voting members may:

Appeal of Decision by Director—Determination of Convenience and Necessity. The decision by the director of community development on a determination of a finding of convenience or necessity may be appealed directly to the city council. After receiving an appeal from the decision of the director on a requested determination of convenience or necessity and following a public hearing, the city council by the affirmative vote of a majority of its voting members may:

The director or planning commission may approve any miscellaneous plan permit, with the exception of a determination of convenience or necessity, upon such conditions, in addition to those expressly provided in other applicable provisions of this code, as it finds desirable in the public interest, upon finding that the permit will either:

The director or city council may approve a miscellaneous plan permit for a determination of convenience or necessity finding that the approval will either:

From improvement standards required in off-street parking areas described in Chapter 19.46;

From minimum lot area per dwelling unit regulations;

From any sign related regulations or standards except maximum height for ground signs; or

From any stormwater management requirements described in Chapter 12.60.

All decisions by the director of community development, planning commission or city council in approving or denying a variance shall be deemed administrative acts performed for the purpose of securing substantial justice and shall not be construed as amendments of any zoning plan or regulation of the zoning district in which the subject property is located.

Whenever a variance is requested in connection with a use for which a land use permit or approval described in this title is required, which permit or approval cannot be approved by the director of community development, such variance also may not be approved by the director. Whenever a variance is requested in connection with a miscellaneous plan permit or temporary unenclosed use that can be approved by the director, the procedures set forth for the miscellaneous plan permit or unenclosed use shall not apply, and such permit or approval shall be considered together with the variance pursuant to the hearing and appeals procedures set forth for the variance.

The director of community development, after holding at least one public hearing, may:

After receiving either an application for a variance, or an appeal from the decision of the director of community development on a requested variance, and following a public hearing, the planning commission by the affirmative vote o a majority of its voting members may:

After receiving an appeal from the decision of the planning commission on a requested variance and following public hearing, the city council by the affirmative vote of a majority of its voting members may:

A variance from the requirements of this title, except for the height of a ground sign, shall be approved only upon a showing by the applicant that:

A variance from the maximum height of a ground sign shall be approved only upon a determination that:

Minor use permit determined by the director of community development for:

Major use permit determined by the planning commission for:

The director of community development, after holding at least one public hearing, may:

After receiving either an application for a use permit, or an appeal from the action of the director of community development on a requested use permit, and following at least one public hearing, the planning commission by the affirmative vote of a majority of its voting members may:

After receiving an appeal or recommendation from an action of the planning commission on a requested use permit and following at least one public hearing, the city council by the affirmative vote of a majority of its voting members may:

Attain the objectives and purposes of the general plan, specific plan, precise plan, or other specialized plan of the city of Sunnyvale; or

Ensure that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties.

PD planned development combining district;

ECRSP El Camino Real Specific Plan zoning districts;

DSP Downtown Specific Plan zoning districts;

HH Heritage Housing combining district;

LSAP Lawrence Station Area Specific Plan districts;

ITR industrial to residential combining districts;

Moffett Park Specific Plan and associated combining zoning districts.

Minor special development permit, determined by the director of community development for:

Major special development permit, determined by the planning commission for all applications for a special development permit other than those determined to be minor permits or for minor permits that are determined by the director of community development to require more extensive community participation.

In approving a special development permit, the director, planning commission or city council may allow deviations to standards for:

Deviations from lot area per dwelling unit may not be approved though a special development permit.

The director of community development, after holding at least one public hearing, may:

After receiving either an application for a special development permit, or an appeal from the decision of the director of community development on a requested special development permit, and following a public hearing, the planning commission by the affirmative vote of a majority of its voting members may:

After receiving an appeal from the decision of the planning commission on a requested special development permit and following public hearing, the city council by the affirmative vote of a majority of its voting members may:

Attain the objectives and purposes of the general plan, specific plan, precise plan, or other specialized plan of the city of Sunnyvale; or

Ensure that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties.

Applications. Any application requesting council initiation of a general plan amendment shall be filed with the director of community development on forms furnished for this purpose. The application shall be accompanied by the required fee, a letter requesting council authorization to proceed with the submittal and review of a general plan amendment application, and other supporting data determined necessary by the director. The letter shall contain the subject text of the general plan or description of the affected property, and any information pertaining to the request.

Public Hearings and Notice Required. Requests for council initiation of a general plan amendment shall be referred to the planning commission for recommendation prior to a determination by the council. Notice of the time and place of each public hearing shall be given at least ten calendar days prior to the day of the hearing. Notice shall be mailed to owners of the affected property and of properties within three hundred feet, or greater as determined appropriate by the director.

Planning Commission Recommendation. Following a public hearing, the planning commission shall, by the affirmative vote of a majority of its members, make a recommendation to the city council to approve or deny a request to initiate a general plan amendment.

City Council Determination. After receiving a recommendation from the planning commission and holding at least one public hearing, the city council may, by the affirmative vote of a majority of its members, approve or deny the request for initiation of a general plan amendment.

Expiration. Approved requests for initiation of a general plan amendment shall expire if a general plan amendment application is not filed and deemed complete within two years of the approval.

Applications. Following city council approval of a request for initiation, a general plan amendment application may be filed. The application shall be filed in accordance with Section 19.98.020(a) and shall include a detailed description of the proposed amendment and the reasons for the amendment.

Public Hearings and Notice Required. General plan amendments shall be referred to the planning commission for a recommendation prior to adoption by the council. Notice of the time and place of each public hearing shall be given at least ten calendar days prior to the day of the hearing. Notice shall be provided in the following manner:

Planning Commission Recommendation. Following a public hearing, the planning commission shall make a recommendation on the general plan amendment. A recommendation for approval shall be by the affirmative vote of a majority of its members and based on Section 19.92.080 (Finding). In the event the vote is tied or lacks the majority required to recommend either approval or denial, and cannot be resolved by subsequent motions, the vote shall be deemed a recommendation for denial.

City Council Decision. After receiving a recommendation from the planning commission and holding at least one public hearing, the city council may, by the affirmative vote of a majority of its members and based on Section 19.92.080 (Finding), approve the general plan amendment by adopting a resolution or deny the general plan amendment.

Initiation. A zoning amendment may be initiated by a motion of the city council or planning commission, or by filing an application in accordance with subsection (b).

Applications. Any zoning amendment application shall be filed in accordance with Section 19.98.020(a) and include a detailed description of the proposed amendment and the reasons for the amendment.

Public Hearings and Notice. Zoning amendments shall be referred to the planning commission for a recommendation prior to adoption by the council. Notice of the time and place of each public hearing shall be given at least ten calendar days prior to the day of the hearing. Notice shall be provided in the following manner:

Planning Commission Recommendation. Following a public hearing, the planning commission shall make a recommendation on the zoning amendment. A recommendation for approval shall be by the affirmative vote of a majority of its members and based on Section 19.92.080 (Finding). In the event the vote is tied or lacks the majority required to recommend either approval or denial, and cannot be resolved by subsequent motions, the vote shall be deemed a recommendation for denial.

City Council Decision. After receiving a recommendation from the planning commission and holding at least one public hearing, the city council may, by the affirmative vote of a majority of its members and based on Section 19.92.080 (Finding), approve the zoning amendment by adopting an ordinance or deny the zoning amendment.

The city of Sunnyvale has a great diversity of trees that are of economic value to the city and make it a desirable place for residents, business owners and visitors;

The appearance of Sunnyvale contributes to the economic prosperity of the city;

Trees contribute to the scenic beauty of Sunnyvale;

Trees help to naturally control flooding and erosion, moderate noise pollution, climate, dust and other airborne pollutants, remove carbon dioxide from the atmosphere and produce oxygen, and shelter and feed birds and other wild-life;

The development and redevelopment of the city often necessitates the removal of trees, thereby contributing to their depletion; and

It is necessary to protect and manage these valuable assets and their habitat to protect the health, safety and welfare of the citizens of Sunnyvale.

It is unlawful to damage or kill any protected tree.

It is unlawful to remove any protected tree from private property in any zoning district or from any city owned golf course or park, without a protected tree removal permit.

In order to remove any protected tree from private property in any zoning district, or from any city owned golf course or park, it is necessary to obtain a protected tree removal permit from the department of community development. Any tree which has been designated as a heritage landmark, pursuant to the provisions of Chapter 19.96, shall not be removed without obtaining a tree removal permit in addition to a landmark alteration permit in accord with Chapter 19.96.

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

Removal of orchard trees as part of farming operations or upon order of the county agricultural inspector are exempt from the provisions of this chapter.

The tree is diseased or damaged;

The tree represents a potential hazard to people, structures or other trees;

The tree is in basically sound condition, but restricts the owner's ability to enjoy the reasonable use or economic potential of the property, or unreasonably restricts an adjoining property owner's use or economic potential of the adjoining property. In the event this is the sole basis for the application, the following criteria shall be used to evaluate the application under this subsection:

Review by Director. The director of community development may, without notice or hearing, approve the tree removal permit as requested, or as changed, modified or conditioned by the director, or deny the tree removal permit application, consistent with the standards and criteria set forth in Chapter 19.94;

Appeal of Decision by Director. A decision by the director of community development on a tree removal permit may only be appealed by the owner of the subject property. After receiving an appeal from the decision of the director on a tree removal permit, and following a public hearing, the planning commission by the affirmative vote of a majority of its voting members, pursuant to the criteria in this chapter, may approve the tree removal permit as requested, or as changed, modified or conditioned, or may deny the tree removal permit application. The decision of the planning commission shall be final.

At the discretion of the director of community development, replacement trees may be required as a condition of issuance of a protected tree removal permit, or as a condition of any discretionary permit for development or redevelopment. The need for replacement trees shall be evaluated based on the following criteria:

At the discretion of the director of community development, other mitigation measures may be required, where either it is not feasible to plant any replacement trees on the site, or where the replacement trees to be planted are deemed inadequate by the director to sufficiently mitigate the effects of the removal of the tree(s). Mitigation measures could include, but would not be limited to, paying for the planting of additional trees in parks or other public areas of the city.

Minimum distances between trees and between trees and buildings shall be provided such that the health of the replacement trees shall be ensured;

Replanting shall occur within a specified time period;

Mixed species shall be used in large replantings whenever possible to reduce the likelihood of disease and infestations;

Tree care procedures shall be included in all replanting plans and shall include, but not be limited to, the following items: mulching; straightening; new staking or restaking; fertilizing; and any other procedures deemed necessary by the city;

Minimum size for the replacement of a protected tree shall be a California Association of Nurserymen's standard twenty-four inch box size tree. The director of community development shall have the authority to require larger or smaller replacement trees upon review of specific cases. Smaller trees may be approved if the applicant can document the long term advantages of using the smaller tree size.

Tree Survey. A tree survey conducted by an arborist who has been certified by the International Society of Arboriculture shall be submitted as part of the required application materials for all use, design or special development permits on developing or redeveloping property. The survey shall show the location, size, and species (both common and Latin names required) of all trees (protected and unprotected) on the site, and shall include a calculation of the value of each tree. A written letter shall be included when a protected tree(s) is proposed to be removed explaining why the tree(s) cannot be relocated or the design of the structures altered to maintain the trees.

Plan Modifications.

Replanting Plans. When protected trees must be removed, replanting plans shall be submitted as part of the landscaping plan for the proposed project. The replanting plan shall be subject to the requirements of Section 19.94.090, but actual number and sizes of replacement trees shall be reviewed on a case by case basis.

Tree Protection Plan. The developer shall submit a tree protection plan which shall demonstrate how tree protection shall be provided during and after construction and shall include, where appropriate, a description of any of the protective measures set forth in Section 19.94.120.

Tree Bonds. The approving body shall have the authority to require a developer to post a bond with the City for the value of any tree required to remain as a condition of permit approval during development activities on a site.

Soil Mitigation. The approving body shall have the authority to require underground soil or planting measures, such as structural soils, in any location deemed appropriate for future or existing tree growth.

Protective fencing shall be installed no closer to the trunk than the dripline, and far enough from the trunk to protect the integrity of the tree. The fence shall be a minimum of four feet in height and shall be set securely in place. The fence shall be of a sturdy but open material (i.e., chain link) to allow visibility to the trunk for inspections and safety.

The existing grade level around a tree shall normally be maintained out to the dripline of the tree. Alternate grade levels, as described in the tree protection plan, may be approved by the director of community development.

Drain wells shall be installed whenever impervious surfaces will be placed over the root system of a tree (the root system generally extends to the outermost edges of the branches).

Pruning that is necessary to accommodate a project feature, such as a building, road or walkway shall be reviewed and approved by the department of community development and the department of public works.

New landscaping installed within the dripline of an existing tree shall be designed to reproduce a similar environment to that which existed prior to construction.

Any person, property owner, firm or corporation who intentionally or negligently violates any of the provisions of this chapter or any permit issued pursuant to it, or who fails to comply with any condition of any discretionary permit which relates to protected tree preservation, shall be liable for a civil penalty assessed and recovered in a civil action brought by the city attorney.

The director of community development or his designee shall have the authority to require an administrative hearing for any violations of the provisions of this chapter, including but not limited to, illegal tree removal.

The remedies provided for in this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

The city council finds that the character and history of the city are reflected in its cultural, historical, and architectural heritage, that these historical and cultural foundations should be preserved as living parts of community life and development to build an understanding of the city's past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand the rich heritage of the city, that with ever increasing pressures of modernization and urbanization, city landmarks, neighborhoods, and other areas of historical and cultural interest are threatened with demolition, and that pursuant to the provisions of the National Historic Preservation Act of 1966, as amended, the city of Sunnyvale joins with private concerns, the state of California, and the United States Congress to develop preservation programs and activities to give maximum encouragement to agencies and individuals undertaking preservation of the city's unique architectural, historical, aesthetic, and cultural heritage. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration by the heritage preservation commission. These provisions shall be used in conjunction with the general requirements and procedures identified in Chapter 19.98 including requirements and procedures for applications, fees, notification, appeals, conditions of approval, modifications, expiration, extensions, revocation and infractions.

The purpose of this chapter is to promote the public health, safety, and general welfare, and

Recommend criteria for and supervise a comprehensive survey of improvements, buildings, structures, signs, features, landscape, trees, sights, places, areas or other artifacts of architectural, artistic, cultural, engineering, aesthetic, political or social significance to the citizens of Sunnyvale;

Provide recommendations and other assistance concerning development and maintenance of a local inventory of the above described heritage resources of the city including the nomination of neighborhoods to be considered by the city council for HH heritage housing district consideration;

Recommend criteria for designation of heritage resources, landmark sites, and landmark districts;

Recommend heritage resources for landmark site or landmark district status;

Review and comment upon the conduct of matters undertaken by the city, county or state which have a bearing upon heritage resources including, but not limited to, land use, municipal improvement, and housing;

Assist in the preparation of standards for the commission to use in reviewing applications for permits which significantly affect any landmark or landmark district, including permits to construct, change, alter, modify, remodel, or demolish the foregoing;

Review all applications for permits regarding heritage resources, heritage resource districts, landmark site or landmark district designated structures that involve changing use, exterior alterat ion or demolition, and approve, disapprove, or approve as modified said applications. All related environmental documentation shall also be reviewed;

Participate in, promote, and conduct public information and explanatory programs pertaining to heritage resources;

Cooperate with other interests and programs that are developed by both public and private agencies in the fields of museums and the development of city archives;

Promote the restoration, maintenance and operation of heritage resources owned by the city;

Investigate and report to the city council on public or private fund sources and mechanisms available to promote preservation of heritage resources in the city;

Recommend to the city council the purchase of appropriate interests in property for purposes of preservation of heritage resources;

Make other recommendations, perform studies and make deliberations deemed desirable or necessary to the effective functioning of the commission;

Encourage citizen participation in support of heritage resources;

Make available to the public copies of all recommendations, studies, standards and criteria produced in the exercise of the above functions;

Approve demolitions and new construction of replacement structures in any HH heritage housing district.

It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic engineering, architectural, or natural history;

It is identified with persons or events significant in local, state, or national history;

It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;

It is representative of the work of a notable builder, designer, or architect;

It contributes to the significance of an historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties which contribute to each other and are unified aesthetically or by plan or physical development;

It has a unique location or singular physical characteristic or is a view or vista representing an established and familiar visual feature of a neighborhood, community, or the city of Sunnyvale;

It embodies elements of architectural design, detail, materials, or craftsmanship that represents a significant structural or architectural achievement or innovation;

It is similar to other distinctive properties, sites, areas, or objects based on a historic, cultural, or architectural motif;

It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;

It is one of the few remaining examples in the city, region, state, or nation possessing distinguishing characteristics of an architectural or historic type or specimen;

With respect to a local landmark, it is significant in that the resource materially benefits the historical character of a neighborhood or area, or the resource in its location represents an established and familiar visual feature of the community or city;

With respect to a local landmark district, a collective high integrity of the district is essential to the sustained value of the separate individual resources;

With respect to a designated landmark and designated landmark district, the heritage resource shall meet Criteria of the National Register of Historical Places, which are incorporated by reference into this chapter.

The heritage preservation commission, city council, or owners or the authorized agents of the owners of property for which designation is requested may request the designation of an improvement as a heritage resource or a heritage resource district, as the case may be, by submitting an application for such designation to the director of the department of community development.

Each proposal shall be considered by the heritage preservation commission at a noticed public hearing. In addition to the requirements of Section 19.98.040 (Public notice), notice of the time and place of each public hearing by the heritage commission shall be provided by certified mail to the owners of property for which designation is requested.

The commission may continue a hearing but not in excess of thirty days from the date originally established for such hearing provided that such thirty day period may be extended by mutual consent of the commission and the party submitting the application. A party's consent to an extension of such period shall be presumed unless timely objection is made thereto within the thirty day period by the party or at the time the matter is continued beyond such period. A record of pertinent information presented at the hearing shall be maintained and made available to the public as a public record.

The heritage preservation commission shall recommend to the city council approval, disapproval or approval with modifications of the application for designation.

Prior to recommending approval or approval with modifications, the heritage preservation commission shall find:

After receiving a recommendation from the commission, the city council shall hold a public hearing. In addition to the requirements of Section 19.98.040 (Public notice), notice of the time and place of the city council hearing shall be provided by certified mail to the owners of property for which designation is requested.

Upon the conclusion of the hearing, the city council may approve, disapprove, or approve with modifications the proposed designation as a heritage resource or heritage resource district.

Following approval of the designation, the director of community development shall send to the owner of the property so designated a letter outlining the basis for such designation, and the regulations resulting from such designation. The director may also forward a copy of the letter to any other department or agency requesting it or that the director considers affected by the designation.

Within the overall category of historic resources, the city recognizes three levels of significance, ranked in descending from most significant as follows:

Designated heritage resources and heritage resource districts are those resources that have been designated by both the city and the state or federal government as historically significant. Any person desiring to reconstruct, demolish, relocate or modify a designated heritage resource/district must first apply for a resource alteration permit, as described in Section 19.96.090, as well as comply with all state or federal requirements.

No person shall carry out or cause to be carried out on a landmark or in a landmark district any material change in exterior appearance of such landmark or landmark district through alteration, construction, relocation, or demolition without a landmark alteration permit issued by the heritage preservation commission as described in Section 19.96.090.

No person shall carry out or cause to be carried out on a heritage resource or in a heritage resource district any material change in exterior appearance of such resource or district through alteration, construction, relocation, or demolition without a resource alteration permit issued by the heritage preservation commission as described in Section 19.96.095. Minor modifications to heritage resources or heritage resource districts may be processed by city staff through the miscellaneous plan permit process set forth in Section 19.82.030(a) of this code; provided, however, that appeal of such decision shall be made to the heritage preservation commission rather than the planning commission, and the decision of the heritage preservation commission shall be final.

Reconstruction of a landmark or a structure within a landmark district shall be exempt from setback and height requirements if rebuilt as originally constructed.

Additions to landmarks or structures within landmark districts may be granted exceptions from dimensional requirements provided that the following findings can be made:

No person shall carry out or cause to be carried out on a landmark or in a landmark district any material change in exterior appearance of such landmark or landmark district through alteration, construction, relocation, or demolition without a landmark alteration permit issued by the heritage preservation commission.

The department of community development shall maintain with the building inspection division a current record of designated landmarks and landmark districts. When an application for a permit which indicates possible material change to the exterior architectural features of the building, structure or landmark is received, an application for a landmark alteration permit shall be required.

The director of community development shall forward all applications to the heritage preservation commission. Upon receipt of an application for a landmark alteration permit, the commission shall hold a public hearing. Notice of the time and place of each public hearing by the heritage preservation commission sh all be provided in accordance with Section 19.98.040 (Public notice).

The commission in considering the appropriateness of the landmark alteration application shall consider, among other things, the purposes of this chapter and the historic architectural value and significance of the landmark or landmark district, as well as present and prospective effects or hardships upon the owners and occupants of the affected properties. The commission shall take into consideration exterior architectural features of the building or structure in question, other buildings within a landmark district, and the position of such building or structure in relation to the street or public way and to other buildings and structures. The United States Secretary of the Interior's "Guidelines for Rehabilitation" shall provide base criteria for evaluating proposed alterations to a landmark structure.

The commission may approve, approve with modifications, or disapprove the application.

Prior to the approval, or approval with modifications, the commission shall find that:

The commission may continue action on landmark alteration permits for two meetings, not to exceed fifty-five days from the date of the public hearing for purposes of reaching a mutually acceptable solution in keeping with the criteria of this chapter. If at the end of that time a mutually acceptable solution has not been achieved, the application shall be finally granted or denied.

Within seven days following upon approval of an application, the commission shall issue a landmark alteration permit, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the department of community development and one copy of which shall be forwarded to the building inspection division. In addition, a copy shall be forwarded to any other requesting department or agency which will be affected by the permit.

The applicant may appeal the action of the commission to the city council.

No person shall carry out or cause to be carried out on a heritage resource or in a heritage resource district any material change in exterior appearance of such resource or district through alteration, construction, relocation, or demolition without a resource alteration permit issued by the heritage preservation commission.

The department of community development shall maintain with the building inspection division a current record of heritage resources and districts. When an application for a permit which indicates possible material change to the exterior architectural features of the building, structure or district is received, an application for a resource alteration permit shall be required.

The director of community development shall forward all applications to the heritage preservation commission. Upon receipt of an application for a resource alteration permit, the commission shall first consider whether the resource is historically or culturally significant, based upon evidence submitted by staff and the applicant to aid its determination. In the event the commission finds the resource is not culturally or historically significant, it shall return the application to the department of community development for processing in accordance with other relevant city procedures.

If the commission finds the resource to be culturally or historically significant, it shall schedule a public hearing to be held on the matter in accordance with the procedures set forth in Section 19.96.090 for landmark alteration permits.

Applicants for permits authorizing demolition of any structure listed within the latest edition of the city of Sunnyvale's Local Register of Heritage Resources shall show, prior to issuance of such a permit, that they have advertised such structure as being available for removal or relocation intact.

A program of advertising shall be considered to meet the requirements of this section if it continues for sixty consecutive days, both: (1) as a display or classified advertisement of a character commensurate with the significance of the affected structure, published not less frequently than once each week during the sixty-day period within one or more Bay Area daily periodicals having substantial circulation within the South Peninsula area; and (2) as one or more signs on the affected premises, legible from the public right-of-way. Each such advertisement or sign shall indicate the Sunnyvale director of community development, or the director's designee, and the telephone number of such official, as a source of further information.

The owner of any affected structure shall be entitled to make its availability contingent upon such reasonable conditions as are calculated to protect the owner, the city of Sunnyvale, and other interested parties from damage or loss of any nature, to protect the structure from excessive damage, and to permit the owner to select among competing relocation or removal proposals.

At least sixty days prior to issuance of a permit authorizing demolition or relocation of any structure described in this section, the owner thereof shall provide written notice of proposed demolition or relocation plans to the Sunnyvale heritage preservation commission, in care of the director of community development.

Serving notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land.

Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is hereby authorized to institute any legal actions toward that end.

Calling upon the director of public safety and authorized agents to assist in the enforcement of this chapter.

In addition to any of the foregoing remedies, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter, or for an injunction in appropriate cases.

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

Design review and miscellaneous plan permit applications shall include:

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

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

Heritage resources and heritage resource district designation filings shall include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If the use is discontinued for more than one year.

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

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

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

The remedy provided for in this section is in addition to and does not supersede or limit any and all other remedies, civil or criminal.