Chapter 19.81 — STREAMSIDE DEVELOPMENT REVIEW

The purpose of this chapter is to promote the health, safety and general welfare by establishing a streamside development review process to enhance and protect land use near streams. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration of streamside development review. These provisions shall be used in conjunction with the general requirements and procedures identified in Chapters 19.80 and 19.98 including requirements and procedures for applications, fees, notification, appeals, conditions of approval, modifications, expiration, extensions, revocation and infractions. (Ord. 2837-07 § 1)

The Santa Clara Valley Water Resources Protection Collaborative has established criteria for streamside development review known as the "Guidelines and Standards for Land Use Near Streams." These 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 Santa Clara Valley Water Resources Protection Collaborative. (Ord. 2837-07 § 1)

Streamside development review shall be conducted as part of a building permit plan check process, design review, miscellaneous plan permit, or discretionary review process. (Ord. 2837-07 § 1)

• (a) The director of community development, without notice or hearing, may:

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

  • (2) Deny the streamside development review if the director finds that the project would not meet the required finding.

• (b) 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:

  • (1) Approve the streamside development 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 streamside development review if the commission finds that the project would not meet the required finding.

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.81.040

§ 19.81.050

(Ord. 2837-07 § 1)

The director or planning commission may approve any streamside development 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 will conform with the "Guidelines and Standards for Land Use Near Streams." (Ord. 2837-07 § 1)

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City of Sunnyvale, CA