Chapter 19.22 — INDUSTRIAL ZONING DISTRICTS

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

(Ord. 2623-99 § 1)

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

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

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

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

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

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

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

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

• (b) Compliance. It is a violation of this chapter to:

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City of Sunnyvale, CA § 19.22.030

ZONING

§ 19.22.030

• (1) Engage in a use that is conditional without complying with the imposed conditions;

• (2) Engage in a prohibited use;

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

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

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.22.030

§ 19.22.030

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Table 19.22.030
Permitted, Conditional Permitted and Prohibited Uses in Industrial Zoning Districts
In the table, the letters and symbols are defined as follows:
P = Permitted use
MPP = Miscellaneous Plan Permit required
UP = Use Permit required
N = Not permitted, prohibited
FAR = Floor area ratio restrictions
> = Greater than
N/A = FAR does not apply
M-S Zoning M-3 Zoning
M-S Zoning M-S/POA Zoning M-3 Zoning
Use Regulations by Zoning District USE Districts FAR3 Districts Districts Districts FAR3 Districts
1. Manufacturing
A. Packing or rendering plants, or N/A N N N/A N
slaughterhouses for the processing of
animals and animal by-products
B. Foundries for the casting of aluminum N/A UP UP N/A UP
C. Foundries, processing plants, fabrication N/A N N N/A UP
facilities or mills for metals other than
aluminum
D. Manufacture, compounding or processing N/A N N N/A N
of commercial explosives not related to
research and development
E. Manufacture, processing or bulk storage of N/A N N N/A UP
feed, fertilizer, grain or soil conditioners
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City of Sunnyvale, CA

§ 19.22.030

§ 19.22.030

ZONING

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M-S Zoning M-3 Zoning
M-S Zoning M-S/POA Zoning M-3 Zoning
Use Regulations by Zoning District USE Districts FAR3 Districts Districts Districts FAR3 Districts
F. Manufacture of agricultural, construction, N/A N N N/A UP
industrial, or mining heavy equipment
G. Manufacture, milling, mixing, processing, N/A N N N/A UP
or bulk storage of asphalt, brick, cement,
gravel, lumber, rock, sand, and similar
construction materials
H. Manufacture, processing, refining or bulk N/A N N N/A UP
storage for off-premises delivery of coal,
coke, compressed gases, liquefied
petroleum gases or other fuels, except
gasoline or motor oil
I. Manufacture, processing, repair, To 35% P P To 35% P
compounding, packaging, assembly, or
treatment plants or facilities for equipment,
materials or products
>35% UP UP > 35% UP
J. Manufacture, processing, repair, N/A N N N/A N
compounding, packaging, assembly, or
treatment plants and facilities for explosives
related equipment, materials or products
2. Office, Research and Development
A. Administrative, professional, medical and To 35% P P To 35% P
research and development offices
> 35% UP UP > 35% UP
B. Medical clinics To 35% MPP MPP To 35% MPP
> 35% UP UP > 35% UP
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City of Sunnyvale, CA

§ 19.22.030

§ 19.22.030

SUNNYVALE CODE

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M-S Zoning M-3 Zoning
M-S Zoning M-S/POA Zoning M-3 Zoning
Use Regulations by Zoning District USE Districts FAR3 Districts Districts Districts FAR3 Districts
C. Financial institutions, banks, and savings To 35% MPP MPP To 35% UP
and loan associations without drive-through
facilities
> 35% UP UP > 35% UP
D. Explosive or propellant research and N/A UP UP N/A UP
development related manufacturing,
processing, assembly and storage
3. Commercial
A. Automobile service stations and vehicle N/A UP UP N/A UP
repair facilities
1. Retail sale of groceries at permitted MPP MPP MPP MPP MPP
stations4
2. Retail sale of beer and wine at permitted UP UP UP N/A UP
stations4
B. Auto wrecking, junk, salvage, scrap metal N/A N N N/A N
or waste material storage yards
C. Businesses selling merchandise or products To 35% MPP MPP To 35% MPP
at retail or providing services (such as real
estate)
>35% UP UP >35% UP
D. Commercial canning, processing, or N/A UP UP N/A UP
reduction plants for fruits and vegetables
E. Commercial storage and warehouses To 50% P P To 50% UP
>50% UP UP >50% P
F. Child care centers, business-sponsored N/A UP UP N/A UP
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City of Sunnyvale, CA

§ 19.22.030

§ 19.22.030

ZONING

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M-S Zoning M-3 Zoning
M-S Zoning M-S/POA Zoning M-3 Zoning
Use Regulations by Zoning District USE Districts FAR3 Districts Districts Districts FAR3 Districts
G. Drive-through businesses N/A UP UP N/A UP
H. Hotels and motels N/A UP UP N/A UP
I. Restaurants and fast food restaurants that N/A MPP MPP N/A MPP
may have on sale beer and wine alcohol
beverage service
J. Restaurants and fast food restaurants that N/A UP UP N/A UP
have on sale general alcohol beverage
service
K. Self storage (mini warehouse) N/A UP UP N/A UP
4. Education, Recreation, and Places of
Assembly
A. Education—Recreation and enrichment N/A N UP N/A N
B. Education—Primary and high school N/A N N N/A N
C. Education—Institution of higher learning N/A UP UP N/A UP
D. Recreational and athletic facilities N/A N UP N/A N
E. Places of assembly—Business serving N/A UP UP N/A UP
F. Places of assembly—Community serving N/A N UP N/A N
G. Cardrooms N/A N N N/A N
H. Safe parking site See Chapter 19.66
5. Residential
A. Residential uses, alone or combined with N/A N5 N5 N/A N5
other uses compatible with the zoning
district
B. Single room occupancy living unit facilities N/A UP UP N/A UP
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City of Sunnyvale, CA

§ 19.22.030

§ 19.22.030

SUNNYVALE CODE

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M-S Zoning M-3 Zoning
M-S Zoning M-S/POA Zoning M-3 Zoning
Use Regulations by Zoning District USE Districts FAR3 Districts Districts Districts FAR3 Districts
C. Single room occupancy residential hotels N/A UP UP N/A UP
D. Convalescent homes, home for the aged, N/A N N N/A N
hospitals, sanitariums and similar
institutions
6. Other
A. Adult business establishment N/A P1 P1 N/A P1
B. Agricultural dwellings, buildings and uses N/A UP UP N/A UP
C. Bulk storage for off-premises delivery of N/A UP UP N/A UP
compressed gases and liquefied petroleum
gases
D. Bus terminals and other public N/A UP UP N/A UP
transportation facilities
E. Educational uses N/A UP UP N/A UP
F. Emergency containers meeting criteria N/A P P N/A P
described in this chapter (ARKs)
G. Emergency containers other than ARKs N/A UP UP N/A UP
H. Emergency shelter N/A UP P N/A UP
I. Hazardous materials storage as defined in N/A P P N/A P
Titles 20 (above ground) and 21
(underground)
J. Hazardous materials storage facilities which To 40% MPP MPP To 40% MPP
meet the criteria outlined in Section
19.22.060
K. Hazardous materials storage facilities which To 35% UP UP To 35% UP
do not meet all the criteria outlined in
Section 19.22.060
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City of Sunnyvale, CA

§ 19.22.030

§ 19.22.030

ZONING

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M-S Zoning M-3 Zoning
M-S Zoning M-S/POA Zoning M-3 Zoning
Use Regulations by Zoning District USE Districts FAR3 Districts Districts Districts FAR3 Districts
L. Hazardous wastes management facilities N/A UP UP N/A UP
which meet the criteria outlined in Section
19.22.070
M. Incidental and accessory storage, N/A MPP MPP N/A MPP
mechanical equipment which meet criteria
in Chapter 19.82 (5 percent net coverage
and screened)
N. Massage establishment N/A P2 P2 N/A P2
O. Public utility buildings and services, To 35% UP UP >35% UP
electric transportation and distribution
substations and public utility service centers
>35% UP UP To 35% UP
P. Recycling centers N/A UP UP N/A UP
Q. Any use which is obnoxious, offensive or N/A N N N/A N
creates a nuisance to persons in adjacent
buildings or premises through emission of
dust, fumes, glare, heat, liquids, noise, odor,
smoke, steam, vibrations, or similar
disturbances
R. Payday lending establishment N/A N N N/A N
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Notes: 1 Subject to provisions of Chapter 19.60. 2 Subject to provisions of Chapter 9.41. 3 5% FAR bonus for green buildings may apply. See Resolution No. 368-09 for green building tables adopted. 4 Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020(i) and/or (j), as applicable.

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City of Sunnyvale, CA § 19.22.030

ZONING

§ 19.22.060

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

In all industrial zoning districts, a use permit is required for any condominium project or other common interest development, as defined in Section 1351 of the Civil Code, including the conversion of any existing building(s) to a common interest development. (Ord. 2623-99 § 1; Ord. 2966-11 § 9)

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

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

• (b) That the ARK shall:

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

  • (2) Be used exclusively for the storage of emergency equipment and emergency supplies and for no other purpose;

  • (3) Be made available for inspection by city staff during regular business hours;

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

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

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

• (a) Total on-site FAR does not exceed forty percent; and

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

• (c) No more than four hazardous materials buildings are located on-site;

• (d) Height of the storage facility does not exceed fifteen feet;

• (e) Building or addition is designed exclusively for the storage of hazardous materials;

• (f) Compliance with other applicable zoning requirements;

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.22.060

§ 19.22.070

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

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

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

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

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

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City of Sunnyvale, CA