DRAFT 7/22/2026_______
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ORDINANCE NO. 3258-26
A N O R D I N A N C E O F T H E C I T Y C O U N C I L O F T H E C I T Y O F SUNNYVALE AMENDING CHAPTER 19.32 (BUILDING HEIGHTS, LOT
COVERAGES AND FLOOR AREA RATIOS) AND REPEALING AND
REPLACING CHAPTER 19.80 (DESIGN REVIEW) OF TITLE 19
(ZONING) OF THE SUNNYVALE MUNICIPAL CODE RELATED TO THE
IMPLEMENTATION OF LOWER DENSITY RESIDENTIAL DESIGN
STANDARDS AND MAKE OTHER MINOR CORRECTIONS,
CLARIFICATIONS AND TECHNICAL CHANGES, AND AMENDING
CHAPTER 19.79 (ACCESSORY DWELLING UNITS) OF TITLE 19
(ZONING) OF THE SUNNYVALE MUNICIPAL CODE TO CONFORM
WITH NEW STATE ADU LAW (AB 1154 AND SB 543)
THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. SECTION 19.32.010 AMENDED. Section 19.32.010 (Conformance required) of Chapter 19.32 (Building Heights, Lot Coverages and Floor Area Ratios) of Title 19 (Zoning) is hereby amended to read as follows:
19.32.010. Conformance required.
The maximum building height and maximum lot coverage of and on each lot in every zoning district shall conform with the areas, distances and percentage herein specified in the table of building height and lot coverage unless increased, decreased or modified by special provisions applicable thereto, including those in state law. Unless otherwise s p e c i f i e d , b u i l d i n g h e i g h t s a r e e x p r e s s e d i n t e r m s o f l i n e a l f e e t a s d e f i n e d i n S e c t i o n
19.12.030 of this code. Floor area ratio and lot coverage is expressed in terms of percentage of net lot area.
SECTION 2. SECTION 19.32.020 AMENDED. Section 19.32.020 (Building height, lot coverage and floor area ratio) of Chapter 19.32 (Building Heights, Lot Coverages and Floor Area R a t i o s ) o f T i t l e 1 9 ( Z o n i n g ) o f t h e S u n n y v a l e M u n i c i p a l C o d e i s h e r e b y a m e n d e d t o r e a d a s follows:
19.32.020. Building height, lot coverage and floor area ratio (a) Maximums. Maximum building height, lot coverage, and floor area ratio are shown in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio) with the following exceptions:
(1) R-1.5. In the R-1.5 zoning district, walls facing the side yards shall not Attachment 1
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exceed 12 feet in height within 12 feet of the side property lines.
Second-story wall height is limited to 21 feet, exclusive of pitched roof structure.
(2) – (4) [Text unchanged]
(5) C-2 and C-3. In the C-2 and C-3 zoning districts, hotels may exceed 75 feet in height if allowed by use permit or special development permit. (6) – (7) [Text unchanged]
(b) Specific Plan, Precise Plan and Other Specialized Areas. If the lot is within a combining district or specialized plan’s prescribed area, the standards established for those areas override the maximums shown in Table 19.32.020. Refer to the plans referenced in Chapter 19.27 (Site and Project-Based Specific Plan Districts), Chapter
19.28 (Downtown Specific Plan District), Chapter 19.29 (Moffett Park Specific Plan District), Chapter 19.35 (Lawrence Station Area Plan District, or Chapter 19.36 (El Camino Real Specific Plan District), for maximum allowable stories, heights in feet, lot coverages, and floor area ratios (if applicable) for lots within these respective specific plan or area plan districts.
Table 19.32.020
Building Height, Lot Coverage and Floor Area Ratio
Zoning
District
Building
Stories
Building Height (ft.) Lot Coverage Floor Area Ratio
(FAR)
R-0 2 30 50% 60%
R-1 2 30 50% 60%
R-1.5 2 30 50% 60%
R-1.7/PD 2 30 50% 60%
R-2 2 30 50% 60%
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R-3 3 35 40% None
R-4 4 55 40% None
R-5 4 55 40% None
R-MH 2 30 None None
O 2 30 40% None
P-F N/A See Section
19.32.020(a)
See Section
19.32.020(a)
N/A
C-1 2 40 35% None
C-2 8 75 35% None
SECTION 3. SECTION 19.32.030 AMENDED. Section 19.32.030 (Building heights – Increased -- When) of Chapter 19.32 (Building Height, Lot Coverage and Floor Area Ratio) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
19.32.030. Building heights – Increased – When.
(a) Towers, spires, chimneys, machinery penthouses not exceeding 25 percent of the roof area on which the penthouse is located, scenery lofts, cupolas, water tanks, telecommunications facilities, wind turbines and towers, high bay test facilities, and similar architectural and utility structures, including equipment screening, and necessary mechanical appurtenances, may exceed the maximum building h e i g h t i n a n y z o n i n g d i s t r i c t b y a m a x i m u m o f 2 5 e f e e t , u n l e s s o t h e r w i s e permitted pursuant to Chapter 19.54 (Wireless Telecommunication Facilities) or Chapter 19.56 (Alter-native Energy Systems). Provided, however, that no such architectural or utility structure, equipment screening, or necessary mechanical appurtenance shall be erected, maintained, or located between the face of the main building and any public street, nor in any required side or rear yard. (b) [Text unchanged]
SECTION 4. SECTION 19.32.040 AMENDED. Section 19.32.040 (Building heights-- Distance from property line) of Chapter 19.32 (Building Height, Lot Coverage and Floor Area Ratio) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
19.32.040. Building heights – Distance from property line. (a) Except as otherwise provided in subsection (b), the height of buildings constructed or e r e c t e d in a n y c o m m e r c ia l o r in d u st r ia l z o n in g d ist r ic t w it h in 7 5 f e e t o f t h e p ro p e r t y lin e o f property in a single-family residencial zoning district shall not exceed 20 feet in the event existing Attachment 1
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buildings on the adjacent lot are one story or thirty feet if the existing buildings are two-story or the lot is undeveloped.
(b) Single-family dwellings and townhomes constructed in any multiple-family residential zoning district adjacent to a single-family residence zoning district shall not exceed 30 feet in height within 75 feet of the property line, provided the setback requirements are met.
SECTION 5. SECTION 19.32.060 AMENDED. Section 19.32.060 (Limitations on paved surfaces in R-0 and R-1 zoning districts – Required front yard) of Chapter 19.32 (Building Height, Lot Coverage and Floor Area Ratio) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
19.32.060. Limitations on paved surfaces in R-0 and R-1 zoning districts – Required front yard
Not more than 50 percent of the required front yard of any lot within an R-0 or R-1 zoning district shall be paved with asphalt, concrete cement, or any other impervious surface, except as may be required to meet off-street parking and access requirements of this code.
SECTION 6. SECTION 19.32.070 AMENDED. Section 19.32.070 (Floor area ratio [FAR]) of Chapter 19.32 (Building Height, Lot Coverage and Floor Area Ratio) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
19.32.070. Floor area ratio (FAR).
(a) The total floor area ratio of all buildings on a parcel zoned M-S or M-3 and occupied in whole or in part by the following uses shall not exceed 35 percent:
(1) Administrative, professional, medical and research and development offices and uses;
(2) Financial institutions, such as banks and savings and loan associations, except drive- through facilities;
(3) Plants and facilities for the assembly, compounding, manufacture, packaging, processing, repairing, or treatment of equipment, materials, merchandise or products, except for products containing explosives or propellants;
(4) Public utility buildings and service facilities, electric transmission and distribution substations, and public utility service centers; Attachment 1
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(5) Amusement, athletic, cultural and recreational enterprises; (6) Businesses selling merchandise or products at retail or services (such as real estate brokerage services);
(7) Hazardous materials storage facilities not governed by Section
19.22.060 or Chapter 19.82.
(b) The following are exceptions to the total floor area ratios set forth in subsection (1) Hazardous materials storage facilities governed by Section 19.22.060 or Chapter 19.82;
(2) Buildings permitted by use permits or special development permits; (3) Temporary offices except floor area will be included for such offices in place for more than four years;
(4) Architectural design features not utilized for occupancy or storage; (5) Bicycle Support Facilities. When showers and/or dressing rooms are provided for use by bicycle commuters, the floor area occupied by such facilities may result in an increase in total floor area ratio of up to 40 percent if approved through the miscellaneous plan permit process.
Request for higher percentage substitutions shall be reviewed by the planning commission using the use permit or special development permit process.
(c) The floor area ratios for intensification sites are as follows:
(1) M-S (100 Percent FAR). Parcels within the area as delineated on the zoning map are allowed a maximum 100 percent floor area ratio. (2) M-S (70 Percent FAR). Parcels within the area delineated on the zoning map, are allowed a maximum 70 percent floor area ratio. (d) Commercial storage and warehouse uses are limited to 50 percent floor area ratio unless otherwise approved by a use permit or special development permit.
SECTION 7. SECTION 19.32.080 AMENDED. Section 19.32.080 (Interpretation and application of floor area ratio in M-S (industrial and service) and M-3 (general industrial) districts) of Chapter 19.32 (Building Heights, Lot Coverages and Floor Area Ratio) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Attachment 1
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19.32.080. Interpretation and application of floor area ratio in M-S (industrial and service) and M-3 (general industrial) districts.
This section is enacted to supplement and assist in the interpretation and administration of Table 19.32.020.
(a) – (b) [Text unchanged]
(c) A use permit or special development permit, if applicable, is required where the addition or expansion of use(s) subject to FAR limitations to an existing building(s) results in an FAR exceeding the maximum allowed.
SECTION 8. SECTION 19.32.090 AMENDED. Section 19.32.090 (FAR in ITR (industrial to residential district) of Chapter 19.32 (Building Heights, Lot Coverages and Floor Area Ratio) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
19.32.090. FAR in ITR (industrial to residential) district.
New construction of nonresidential building, or expansion or reconstruction of an existing nonresidential building in an ITR district shall not exceed 35percent except as allowed by use permit or special development permit.
SECTION 9. SECTION 19.32.100 DELETED. Section 19.32.100 (FAR in downtown specific plan) of Chapter 19.32 (Building Heights, Lot Coverages and Floor Area Ratio) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby deleted.
SECTION 10. SECTION 19.32.110 RE-NUMBERED. Section 19.32.110 (City council action where FAR exceeds delineated threshold in M-S and M-3 districts) of Chapter 19.32 (Building Heights, Lot Coverages and Floor Area Ratio) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby re-numbered as follows:
19.32.100. City council action where FAR exceeds delineated threshold in M-S and M-3 districts.
The city council shall be the approval authority for any new industrial development in the M-S or M-3 districts proposing an FAR in excess of that prescribed by this chapter.
SECTION 11. SECTION 19.79.050 AMENDED. Section 19.79.050 (Requirements for lots with a single-family dwelling) of Chapter 19.79 (Accessory Dwelling Units) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended as follows:
19.79.050. Requirements for lots with a single-family dwelling.
Attachment 1
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The following requirements apply to lots with an existing or proposed single-family dwelling. Multiple detached single-unit dwellings on the same lot shall be considered single-family dwellings for the purposes of the accessory dwelling unit regulations in this chapter.
(a) – (c) [Text unchanged]
(d) Junior Accessory Dwelling Units.
(1)-(6) [Text unchanged]
(7) Owner-occupancy and Deed Restriction. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit is located if the junior accessory dwelling unit has shared sanitation facilities with the existing structure. Either the newly created junior accessory dwelling unit or the remaining portion of the single-family dwelling structure must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of building permit approval by appropriate documents establishing title and residency. (A) Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded on the title of the affected property stating all of the following:
(i) One of the dwelling units on the lot shall remain owner- occupied unless the owner is a governmental agency, land trust, or housing organization.
(ii) The junior accessory dwelling unit shall not be sold separately from the sale of the single-family residence.
(iii) The junior accessory dwelling unit shall not be more than 500 square feet gross floor area in size and shall comply with all other requirements applicable to junior accessory dwelling units in Section 19.79.050.
(iv) The rental of a junior accessory dwelling unit shall be for a term longer than 30 days.
(v) A statement that these deed restrictions are enforceable against future purchasers.
SECTION 12. SECTION 19.79.100 AMENDED. Section 19.79.100 (Procedures and d e c i s i o n s ) o f C h a p t e r 1 9 . 7 9 ( A c c e s s o r y D w e l l i n g U n i t s ) o f T i t l e 1 9 ( Z o n i n g ) o f t h e S u n n y v a l e Municipal Code is hereby amended as follows:
Attachment 1
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19.79.100. Procedures and decisions.
(a) The city shall determine whether an application for an accessory dwelling unit or junior accessory dwelling unit is complete and provide written notice of the determination within 15 business days after the city receives the application.
Incomplete applications will be returned with a written determination and a list of missing items and a description of how the application can be made complete. (b) The city shall approve or deny the application to create an accessory dwelling unit within 60 days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot. Incomplete applications will be returned with an explanation of what additional information is required, and the 60-day period shall be tolled until a complete application is submitted. (c) If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay approving or denying the permit application for the accessory dwelling unit until such time as the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.
(d) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
SECTION 13. CHAPTER 19.80 REPEALED AND RE-ADOPTED. Chapter 19.80 (Design Review) of Title 19 (Zoning) is hereby repealed and re-adopted to read as stated in Exhibit A, attached to this Ordinance and incorporated herein by reference.
SECTION 14. CEQA - EXEMPTION. The City Council finds, pursuant to Public Resources Code Section 21080.17, that this ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA), and, further, is exempt pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) in that it is not a Project which has the potential for causing a significant effect on the environment.
SECTION 15. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Attachment 1
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SECTION 16. EFFECTIVE DATE. This ordinance shall be i n full force and effect thir ty (30) days from and after the date of its adoption.
SE
CTION 17. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official publication of legal notices of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copi
es of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.
Introduced at a regular meeting of the City Council held on July 21, 2026, and adopted as a
n ordina nce of the City of Sunnyva le at a re g ular meeting of the City Council held on __________________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
DAVID CARNAHAN
City Clerk
Date of Attestation: _______________________
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
_______________________________________
REBECCA L. MOON
City Attorney
Attachment 1
EXHIBIT A
SUNNYVALE MUNICIPAL CODE
CHAPTER 19.80
DESIGN REVIEW
19.80.010 Purpose.
19.80.020 Design Guidelines and Standards.
19.80.030 Applicability.
19.80.040 Procedures and decisions.
19.80.050 Finding.
19.80.010 Purpose.
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 exisƟng neighborhoods; promote economic development; create a strong and posiƟve image for the city; improve property values; and enhance the economic well-being of the city by promoƟng an orderly, aƩracƟve, safe and eĸcient community. The provisions of this chapter idenƟfy and prescribe specŝĮc procedures and requirements for the Įling, processing and consideraƟon of design review. These provisions shall be used in conjuncƟon with the general requirements and procedures idenƟĮed in Chapter 19.98 including requirements and procedures for applicaƟons, fees, noƟĮcaƟon, appeals, condiƟons of approval, modiĮcaƟons, expiraƟon, extensions, revocaƟon and infracƟons.
19.80.020 Design Guidelines and Standards.
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 addiƟons to or deleƟons from the guidelines and standards may be made by the director of community development; major changes require approval of the planning commission. ProperƟes located within a heritage district, a speciĮc 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. Heritage resources and properƟes located with heritage resource districts shall comply with the Secretary of the Interior’s Standards for the RehabilitaƟon of Historic ProperƟes.
19.80.030. Applicability.
Attachment 1
(a) DiscreƟonary Approvals. Any proposed use requiring a discreƟonary land use permit that includes new construcƟon, changes to the exterior of a building or other site modiĮcaƟon is subject to design review. Design review shall be conducted as part of the review of that discreƟonary permit.
(b) PermiƩed Nonresiden Ɵal Uses. Any permi Ʃed nonresiden Ɵal use that includes new construcƟon, addiƟons, changes to the exterior of a building or other site modiĮcaƟons is subject to design review. If the project is not subject to the required review procedures in SecƟon 19.80.040 (Procedures and decisions) , or subject to another planning permit, design review shall be conducted through the building plan check process. (c) ResidenƟal Uses.
(1) Single-Family and Two-Family Dwellings.
(A) The following single-family and two-family projects require a design review permit:
i. ConstrucƟon of one or more new dwellings units.
ii. First-story addi Ɵon of new Ňoor area to an exis Ɵng dwelling exceeding 50 percent of the gross Ňoor area (including a Ʃached covered parking areas and excluding porches, unenclosed pa Ɵos and accessory dwelling units) of the exisƟng dwelling.
iii. Second-story addiƟon of new Ňoor area, regardless of size. iv. New, expanded, or design modiĮcaƟons to second Ňoor balconies or decks.
v. New, relocated, or enlarged second-story windows on building elevaƟons excluding those facing a public street.
vi. SigniĮcant exterior modiĮcaƟons, which consist of:
1. New and expanded front yard or reducible front yard entry porches for an exisƟng single-family or two-family dwelling.
2. AddiƟons to the front yard or reducible front yard elevaƟons that span over 75% of the exis Ɵng front or reducible front elevaƟon length.
3. Second-story exterior modi ĮcaƟon to an exis Ɵng dwelling including diīerent exterior materials.
(B) Single-family and two-family dwelling projects that do not meet the criteria in SecƟon 19.80.030(c)(1)(A), and do not exceed the Ňoor area raƟo (FAR) threshold established in Sec Ɵon 19.32.020, are exempt from the Attachment 1
procedures required under SecƟon 19.80.040 and only require a building permit.
(2) MulƟ-Family Dwellings. The following mulƟ-family projects require a design review permit:
(A) New three or more mul Ɵ-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 discre Ɵonary permit under this Ɵtle.
(B) AddiƟon of new Ňoor area to exisƟng mulƟ-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 discreƟonary permit under this Ɵtle.
19.80.040 Procedures and Decisions.
(a) Design Review without Public NoƟce or Hearing by Director. For design review applicaƟons listed in this subsec Ɵon, the director of community development may, without public noƟce or hearing, approve the applica Ɵon as requested or as changed, modi Įed or condiƟoned by the director or deny the design review applica Ɵon based on Sec Ɵon
19.80.050 (Finding). The following design review applicaƟons shall require design review without public noƟce or hearing:
(1) New construcƟon 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 SecƟon 19.32.020;
(2) First-story addiƟon of new Ňoor area to an exis Ɵng single-family or two-family dwelling exceeding 50 percent of the gross Ňoor area (including aƩached covered parking areas) of the exis Ɵng structure in the R-0, R-1 or R-2 zoning district and which does not exceed the FAR threshold established in SecƟon 19.32.020; and (3) New construcƟon or addi Ɵons to a main building of a permi Ʃed nonresidenƟal use, not adjacent to a residen Ɵal zoning district, and which is not subject to any other discreƟonary permit in this Ɵtle; and
(4) First story addiƟon of new Ňoor area to an exisƟng mulƟ-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 discreƟonary permit or ac Ɵon by this Ɵtle and which does not exceed the FAR threshold established in SecƟon 19.32.020.
(b) Design Review with Public No Ɵce and No Hearing by Director. For design review applicaƟons listed in this subsec Ɵon, the director of community development may, aŌer providing public noƟce as described in Chapter 19.98 (General Procedures) and a 14 day public comment period, approve the applicaƟon as requested or as changed, modiĮed or Attachment 1
condiƟoned by the director, or deny the design review applica Ɵon based on Sec Ɵon
19.80.050 (Finding). On- site pos Ɵngs for single -family or two-family dwelling new construcƟon or addi Ɵon projects shall include a streetscape eleva Ɵon showing the proposed home and one adjacent home on each side as viewed from the front elevaƟon.
The following design review applica Ɵons shall require design review with public no Ɵce and no hearing:
(1) ConstrucƟon of a two-story single-family or two-family dwelling in the R-0, R-1 or R - 2 z o n i n g d i s t r i c t w h i c h d o e s n o t e x c e e d t h e F A R o r t h r e s h o l d e s t a b l i s h e d i n SecƟon 19.32.020;
(2) Second-story addiƟon of new Ňoor area to an exisƟng 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 SecƟon 19.32.020;
(3) New, expanded, or design modiĮcaƟons to second Ňoor balconies or decks; (4) New, relocated, or enlarged second-story windows excluding those facing a public street;
(5) New nonresidenƟal building adjacent to residenƟal zoning district and which is not subject to any other discreƟonary permit in this Ɵtle;
(6) AddiƟon of new Ňoor area to a nonresiden Ɵal building adjacent to a residen Ɵal zoning district and which is not subject to any other discre Ɵonary permit in this Ɵtle; and
(7) Second-story or above Ňoor area addi Ɵon to an exis Ɵng mulƟ-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 discreƟonary permit or ac Ɵon by this Ɵtle and which does not exceed the FAR threshold established in SecƟon 19.32.020.
(c) Appeal of Decision by Director . A decision by the director of community development on a design review pursuant to subsecƟons (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 noƟcing radius as described in Chapter 19.98 (General Procedures). A Ōer receiving an appeal of the decision of the director, and following a public hearing, the planning commission, whose decision shall be Įnal, by the aĸrmaƟve vote of a majority of its vo Ɵng members may:
(1) Approve the design review as requested or as changed, modi Įed or condi Ɵoned by the commission if the commission Įnds that the project as approved meets the required Įnding;
Attachment 1
(2) Deny the design review if the commission Įnds that the project would not meet the required Įnding.
(d) Design Review with Public Hearing by Planning Commission. For design review applicaƟons listed in this subsecƟon, the planning commission may, aŌer holding a public hearing, approve the applicaƟon as requested or as changed, modiĮed or condiƟoned by the commission, or deny the design review applica Ɵon based on Sec Ɵon 19.80.050 (Finding). On-site posƟngs for single -family or two- family dwelling new construc Ɵon or addiƟon projects shall include a streetscape eleva Ɵon showing the proposed home and one adjacent home on each side as viewedfrom the front elevaƟon. The following design review applicaƟ ons shall require design review at a public hearing by the planning commission:
(1) N e w si n gl e - f a m i l y or t w o - f a m il y dw e l li n gs in t h e R - 0, R - 1 or R - 2 z o ni n g d i s t ri c t which exceeds the FAR threshold established in SecƟon 19.32.020; (2) AddiƟon 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 SecƟon 19.32.020; (3) New threeor more mulƟ-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 discre Ɵonary permit or acƟon by this Ɵtle; 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 subsec Ɵon (d) may only be appealed by the applicant, the owner of the subject property, or the owner of a property within the required no Ɵcing radius as described in Chapter 19.98 (General Procedures). AŌer receiving an appeal from the decision of the planning commission, and following a public hearing, the city council by the aĸrmaƟve vote of a majority of its voƟng members may:
(1) Approve the design review as requested or as changed, modi Įed or condi Ɵoned by the council if the council Įnds that the project as approved meets the required Įnding;
(2) Deny the design review if the council Įnds that the project would not meet the required Įnding.
19.80.050 Findings.
Attachment 1
The director, planning commission or city council, as applicable, may approve any design review upon such condi Ɵons, in addi Ɵon to those expressly provided in other applicable provisions of this code, as it Įnds desirable in the public interest, upon Įnding that the project's design and architecture will conform with the applicable criteria and design guidelines and design standards established by the city council.
For a housing development project for very low, low-, or moderate-income households, or an emergency shelter , the decision making oĸcial or body shall not deny or condiƟon approval in a manner that renders the project infeasible, including through the use of design review standards, unless it makes one of the wriƩen Įndings, based on a preponderance of evidence , set forth in Government Code SecƟon 65589.5(d).
Attachment 1