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ORD#2714-02

ORDINANCE NO. 2714-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING TITLE 19, ENTITLED "ZONING," OF THE SUNNYVALE MUNICIPAL CODE TO PROTECT PRIVACY FOR RESIDENTIAL PROPERTIES

THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. SECTION 19.12.080 AMENDED. Section 19.12.080 of the Sunnyvale Municipal Code is amended by amending subsection (4) to read as follows:

19.12.080. "G"

(1)-(3) [Text unchanged.]

(4) "Glare" means the reflection of harsh bright light sufficient to cause physical discomfort or loss in visual performance and visibility.

(5)-(6) [Text unchanged.]

SECTION 2. SECTION 19.38.030 AMENDED. Subsection 19.38.030(a)(5) of the Sunnyvale Municipal Code is hereby amended to read as follows:

19.38.030. Recycling and solid waste enclosures.

(a) General requirements.

(1)-(4) [Text unchanged.]

(5) Recycling and solid waste enclosures shall not be located in any parking, landscape or setback areas, including any increased setbacks on commercial and industrial properties as required by the zoning code, unless otherwise approved by use permit.

SECTION 3. SECTION 19.38.070 AMENDED. Subsections 19.38.070(e)(2) and (3) are hereby amended to read as follows:

19.38.070. Landscaping, irrigation and usable open space.

(a)-(d) [Text unchanged.]

(e) Minimum buffer landscaping requirements.

(1) [Text unchanged.]

(2) Buffer shall include a decorative masonry wall six feet in height measured from the highest adjoining grade. When the adjacent non-residential building is two stories or more in height, the decorative masonry wall shall be eight feet measured from the highest adjoining grade. Where a residential use is permitted in a nonresidential zone, the wall shall be required on the residential property, unless a wall is already existing.

(3) Buffer shall include a planted screen of approved trees and shrubs which shall be placed along the length of the buffer at intervals not to exceed 20 feet, provided, however, that the Director of Community Development may grant exceptions through a miscellaneous plan permit when warranted by conditions on the property.

SECTION 4. .SECTION 19.42.050 AMENDED. Section 19.42.050 of the Sunnyvale Municipal Code is hereby amended to read as follows:

19.42.050. Lights--Restrictions.

Lights, spotlights, floodlights, reflectors, and other means of illumination shall be shielded or equipped with special lenses in such a manner as to prevent any glare or direct illumination on any public street or other property. When adjacent to residential zoning districts, non-residential light standards located within the required setback areas as defined in 19.34.030 shall be a maximum of eight feet high.

SECTION 5. SECTION 19.42.080 ADDED. Section 19.42.080 is hereby added to the Sunnyvale Municipal Code to read as follows:

19.42.080. Surveillance cameras--Restrictions.

Exterior surveillance cameras located on private property must be placed and aimed so that there is no field-of-vision intrusion onto adjacent residential properties. If a surveillance camera is mounted on a building, it must be placed so that it does not exceed the height of the property line fence or wall at its lowest point.

SECTION 6. SECTION 19.80.030 AMENDED. Section 19.80.030 of the Sunnyvale Municipal Code is hereby amended to read as follows:

19.80.030. Procedures.

(a) [Text unchanged.]

(b) Prior to any action being taken on a design review application for a single family home in an R-0, R-1, R-1.5, R-1.71PD, or R-2 zoning district that includes a two-story component, notice of the pending application shall be given by mail to adjacent property owners, stating that the application is available for review and comment for fourteen days following the date on the notice.

(c) Prior to any action being taken on a design review application for any non-residential building which is adjacent to any residential zoning district, notice of the pending application shall be given by mail to adjacent property owners, stating that the application is available for review and comment for fourteen days following the date on the notice.

SECTION 7. EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.

SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 9. 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 an adjudicated newspaper of general circulation in the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

Introduced at a regular meeting of the City Council held October 8, 2002, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _____________________, 2002, by the following vote:

AYES:

 

NOES:

 

ABSENT:

 

ATTEST:

APPROVED:

City Clerk

Mayor

(SEAL)

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