Chapter 19.80 — DESIGN REVIEW

The purpose of this chapter is to promote the health, safety and general welfare by establishing a site and architectural design review process to improve the design quality of developments; enhance and protect existing neighborhoods; promote economic development; create a strong and positive image for the city; improve property values; and enhance the economic well-being of the city by promoting an orderly, attractive, safe and efficient community. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration of design review. 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. (Prior zoning code § 19.50.010; Ord. 2623-99 § 1)

The city council shall establish criteria and various guidelines for design review. These design guidelines shall be maintained in the department of community development and shall be available to the public. Minor additions to or deletions from the guidelines may be made by the director of community development; major changes require approval of the planning commission. Properties located within a heritage district, a specific plan area or an area for which detailed design guidelines have been established by the planning commission or city council shall be subject to the requirements of the design criteria established for those districts or areas. (Prior zoning code § 19.50.020; Ord. 2623-99 § 1; Ord. 2908-09 § 3; Ord. 2966-11 § 17; Ord. 3043-14 § 4)

• (a) 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.

• (b) 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.

• (c) 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

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City of Sunnyvale, CA § 19.80.030

SUNNYVALE CODE

§ 19.80.040

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.

(Prior zoning code § 19.50.030; Ord. 2623-99 § 1; Ord. 2650-00 § 7; Ord. 2690-02 § 2; Ord. 2714-02 § 6; Ord. 2908-09 § 4; Ord. 2966-11 § 18; Ord. 3043-14 § 5)

• (a) 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:

  • (1) New single-story single-family or duplex residence in the R-0, R-1 or R-2 zoning district which does not exceed either the FAR or gross floor area threshold established in Section 19.32.020;

  • (2) Single-story exterior modification or addition to a single-family or duplex residence in the R-0, R-1 or R-2 zoning district which does not exceed either the FAR or gross floor area threshold established in Section 19.32.020; and

  • (3) As otherwise required by this title.

• (b) 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 fourteenday 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:

  • (1) New two-story single-family or duplex residence in the R-0, R-1 or R-2 zoning district which does not exceed either the FAR or gross floor area threshold established in Section 19.32.020;

  • (2) Second-story exterior modification or second-story addition to a single-family or duplex residence in the R-0, R-1 or R-2 zoning district which does not exceed either the FAR or gross floor area threshold established in Section 19.32.020;

  • (3) New nonresidential building adjacent to a residential zoning district and which is not subject to any other discretionary permit in this title;

  • (4) Exterior modification or addition to a nonresidential building adjacent to a residential zoning district and which is not subject to any other discretionary permit in this title; and

  • (5) As otherwise required by this title.

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City of Sunnyvale, CA § 19.80.040

ZONING

§ 19.80.050

• (c) 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:

  • (1) Approve the design review as requested or as changed, modified or conditioned by the commission if the commission finds that the project as approved meets the required finding;

  • (2) Deny the design review if the commission finds that the project would not meet the required finding.

• (d) 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:

  • (1) New single-family or duplex residence in the R-0, R-1 or R-2 zoning district which exceeds either the FAR or gross floor area threshold established in Section 19.32.020;

  • (2) Addition to a single-family or duplex residence in the R-0, R-1 or R-2 zoning districts which exceeds the FAR or gross floor area threshold established in Section 19.32.020;

  • (3) Multiple-family projects of three to fifty units in the R-2, R-3, R-4, R-5 and R-MH zoning districts and which are not subject to any other discretionary permit or action by this title; and

  • (4) As otherwise required by this title.

• (e) 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:

  • (1) Approve the design review as requested or as changed, modified or conditioned by the council if the council finds that the project as approved meets the required finding;

  • (2) Deny the design review if the council finds that the project would not meet the required finding.

(Ord. 2623-99 § 1; Ord. 2650-00 § 8; Ord. 2690-02 § 3; Ord. 2908-09 § 5; Ord. 2966-11 § 19; Ord. 3043-14 § 6; Ord. 3050-14 § 5)

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City of Sunnyvale, CA § 19.80.050

SUNNYVALE CODE

§ 19.80.050

The director or planning commission may approve any design review 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 project's design and architecture will conform with the applicable criteria and various guidelines for design review established by the city council.

(Prior zoning code § 19.50.040; Ord. 2623-99 § 1; Ord. 3043-14 § 7)

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City of Sunnyvale, CA