Chapter 19.90 — SPECIAL DEVELOPMENT PERMITS

A special development permit is required to implement the provisions of certain zoning and combining districts for any development or use where the zoning district includes:

• (1) PD planned development combining district;

• (2) ECRSP El Camino Real Specific Plan zoning districts;

• (3) DSP Downtown Specific Plan zoning districts;

• (4) HH Heritage Housing combining district;

• (5) LSAP Lawrence Station Area Specific Plan districts;

• (6) ITR industrial to residential combining districts;

• (7) Moffett Park Specific Plan and associated combining zoning districts.

When a use has been approved by a special development permit, no separate use permit is required. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration of a special development permit application. 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.

• (Ord. 2623-99 § 1; Ord. 3103-16 § 4; Ord. 3194-22 § 17; Ord. 3218-23 § 1)

Authority for approval of a special development permit shall be vested as follows:

• (a) Minor special development permit, determined by the director of community development for:

  • (1) Projects, structures or activities determined to pose no significant land use consequences;

  • (2) Those uses determined to be categorically exempt pursuant to the terms of the California Environmental Quality Act, except exemptions based on Categorical Exemption Classification 32;

  • (3) Waiver of utility undergrounding requirements in combining district zones;

  • (4) Change in use of any landmark or landmark district;

  • (5) Multiple residential use of a landmark or in a landmark district;

  • (6) Automobile service stations that add or include the sale of groceries and/or beer and wine upon making the additional findings in Sections 19.98.020(g)–(i).

• (b) Major special development permit, determined by the planning commission for all

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City of Sunnyvale, CA § 19.90.020

ZONING

§ 19.90.040

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.

(Prior zoning code §§ 19.20.080, 19.20.110; Ord. 2623-99 § 1; Ord. 2689-01 § 1; Ord. 2848-07 § 7; Ord. 2906-09 § 16)

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

  • (1) Lot area;

  • (2) Lot width;

  • (3) Yards;

  • (4) Setbacks;

  • (5) Height;

  • (6) Bulk (e.g., floor area ratio or lot coverage);

  • (7) Space (e.g., landscaping or open space);

  • (8) Parking space requirements (e.g. number of spaces, percent of compact, aisle width);

  • (9) Lockable storage space required by Section 19.38.040.

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

• (Prior zoning code §§ 19.20.070(b), 19.20.070(d); Ord. 2623-99 § 1; Ord. 2693-02 § 1; Ord. 2920-10 § 4; Ord. 3111-17 § 3)

• (a) The director of community development, after holding at least one public hearing, may:

  • (1) Approve the special development permit as requested or as changed, modified or conditioned by the director if the director finds that the use or project as approved meets at least one of the required findings;

  • (2) Deny the special development permit if the director finds that the use or project would not meet either of the required findings.

• (b) 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:

  • (1) Approve the special development permit as requested or as changed, modified or conditioned by the commission if the commission finds that the use or project as approved meets at least one of the required findings;

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.90.040

§ 19.90.050

• (2) Deny the special development permit if the commission finds that the use or project would not meet either of the required findings.

• (c) 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:

  • (1) Approve the special development permit as requested or as changed, modified or conditioned by the council if the council finds that the use or project as approved meets at least one of the required findings;

  • (2) Deny the special development permit if the council finds that the use or project would not meet either of the required findings.

(Prior zoning code §§ 19.20.040, 19.20.070(a), 19.20.105, 19.20.130; Ord. 2623-99 § 1)

The director, planning commission or city council may approve any special development permit 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:

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

• (b) 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.

(Prior zoning code §§ 19.20.070(c), 19.30.260; Ord. 2623 § 1; Ord. 2920-10 § 5)

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City of Sunnyvale, CA