Sunnyvale Municipal Code Ch. 19.80 Design Review

Note: Former Chapter 19.80, Design Review, derived from Ord. 2623-99; Ord. 2650-00; Ord. 2690-02; Ord. 2714-02; Ord. 2908-09; Ord. 2966-11; Ord. 3043-14; and Ord. 3050-14, was repealed by Ord. 3258-26, 7/28/2026.

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.

[Ord. 3258-26, 7/28/2026]

The city council shall establish criteria and various guidelines and standards for design review. These design guidelines and standards shall be maintained in the department of community development and shall be available to the public. Minor additions to or deletions from the guidelines and standards 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 design guidelines and standards have been established by the planning commission or city council shall be subject to the requirements of the design guidelines and standards established for those districts or areas.

[Ord. 3258-26, 7/28/2026]

(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 Nonresidential Uses. Any permitted nonresidential use that includes new construction, additions, changes to the exterior of a building or other site modifications 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 another planning permit, design review shall be conducted through the building plan check process.

(c) Residential Uses.

(1) Single-Family and Two-Family Dwellings.

(A) The following single-family and two-family projects require a design review permit:

i. Construction of one or more new dwellings units.

ii. First-story addition of new floor area to an existing dwelling exceeding 50% of the gross floor area (including attached covered parking areas and excluding porches, unenclosed patios and accessory dwelling units) of the existing dwelling.

iii. Second-story addition of new floor area, regardless of size.

iv. New, expanded, or design modifications to second floor balconies or decks.

v. New, relocated, or enlarged second-story windows on building elevations excluding those facing a public street.

vi. Significant exterior modifications, which consist of:

a. New and expanded front yard or reducible front yard entry porches for an existing single-family or two-family dwelling.

b. Additions to the front yard or reducible front yard elevations that span over 75% of the existing front or reducible front elevation length.

c. Second-story exterior modification to an existing dwelling including different exterior materials.

(B) Single-family and two-family dwelling projects that do not meet the criteria in Section 19.80.030(c)(1)(A), and do not exceed the floor area ratio (FAR) threshold established in Section 19.32.020, are exempt from the procedures required under Section 19.80.040 and only require a building permit.

(2) Multi-Family Dwellings. The following multi-family projects require a design review permit:

(A) New three or more multi-family dwellings 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 under this title.

(B) Addition of new floor area to existing multi-family dwelling 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 under this title.

[Ord. 3258-26, 7/28/2026]

(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 construction of a one-story single-family or two-family dwelling in the R-0, R-1 or R-2 zoning district which does not exceed the FAR threshold established in Section 19.32.020;

(2) First-story addition of new floor area to an existing single-family or two-family dwelling exceeding 50% of the gross floor area (including attached covered parking areas) of the existing structure in the R-0, R-1 or R-2 zoning district and which does not exceed the FAR threshold established in Section 19.32.020; and

(3) New construction or additions to a main building of a permitted nonresidential use, not adjacent to a residential zoning district, and which is not subject to any other discretionary permit in this title; and

(4) First story addition of new floor area to an existing multi-family dwelling 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 which does not exceed the FAR threshold established in Section 19.32.020.

(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 14-day 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 two-family dwelling new construction or addition projects shall include a streetscape elevation showing the proposed home and one adjacent home on each side as viewed from the front elevation. The following design review applications shall require design review with public notice and no hearing:

(1) Construction of a two-story single-family or two-family dwelling in the R-0, R-1 or R-2 zoning district which does not exceed the FAR or threshold established in Section 19.32.020;

(2) Second-story addition of new floor area to an existing single-family or two-family dwelling in the R-0, R-1 or R-2 zoning district which does not exceed the FAR or threshold established in Section 19.32.020;

(3) New, expanded, or design modifications to second floor balconies or decks;

(4) New, relocated, or enlarged second-story windows excluding those facing a public street;

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

(6) Addition of new floor area to a nonresidential building adjacent to a residential zoning district and which is not subject to any other discretionary permit in this title; and

(7) Second-story or above floor area addition to an existing multi-family dwelling 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 which does not exceed the FAR threshold established in Section 19.32.020.

(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 of 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 two-family dwelling new construction or addition projects shall include a streetscape elevation showing the proposed home and one adjacent home on each side as viewed from the front elevation. The following design review applications shall require design review at a public hearing by the planning commission:

(1) New single-family or two-family dwellings in the R-0, R-1 or R-2 zoning district which exceeds the FAR threshold established in Section 19.32.020;

(2) Addition to a single-family or two-family dwellings in the R-0, R-1 or R-2 zoning districts which exceeds the FAR threshold established in Section 19.32.020;

(3) New three or more multi-family dwellings 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) Addition to an existing multi-family dwelling 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 exceed the FAR threshold established in Section 19.32.020.

(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. 3258-26, 7/28/2026]

(a) The director, planning commission or city council, as applicable, 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 design guidelines and design standards established by the city council.

(b) For a housing development project for very low-, low-, or moderate-income households, or an emergency shelter, the decision making official or body shall not deny or condition approval in a manner that renders the project infeasible, including through the use of design review standards, unless it makes one of the written findings, based on a preponderance of evidence, set forth in Government Code Section 65589.5(d).

[Ord. 3258-26, 7/28/2026]