Chapter 19.88 — USE PERMITS

A use permit is intended to allow the establishment of those uses which have unique characteristics or special form such that their effect on the surrounding environment must be evaluated for a particular location. The permit application process allows for review of the location, design, configuration of improvements and potential impact on the surrounding area. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration of a use permit. 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 § 19.52.010; Ord. 2623-99 § 1)

Authority for action on a use permit shall be vested as follows:

• (a) Minor use 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;

  • (3) Unenclosed accessory uses when otherwise required under Title 19.

• (b) Major use permit determined by the planning commission for:

  • (1) All applications for a use 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;

• (2) 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 forty percent. This FAR bonus over thirty-five percent shall only be allowed for bicycle related facilities.

• (Prior zoning code § 19.52.021; Ord. 2623-99 § 1; Ord. 2689-01 § 1; Ord. 2745-04 § 8; Ord. 2848-07 § 6; Ord. 2906-09 § 15; Ord. 3004-13 § 8; Ord. 3209-23 § 2)

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

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

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

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City of Sunnyvale, CA § 19.88.040

ZONING

§ 19.88.050

• (b) 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:

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

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

• (c) 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:

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

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

• (Prior zoning code §§ 19.52.030, 19.52.030(b), 19.52.060, 19.52.090; Ord. 2623-99 § 1; Ord. 2745-04 § 9)

The director, planning commission or city council may approve any use 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 § 19.52.030(a), (b); Ord. 2623-99 § 1; Ord. 2920-10 § 3)

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City of Sunnyvale, CA