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

SECTION 1. CHAPTER 19.12 AMENDED. Chapter 19.12 of the Sunnyvale Municipal Code is hereby amended by amending Section 19.12.020(2) to read as follows:

    (1) [Text unchanged.]

    (3) – (22) [Text unchanged.]

SECTION 2. CHAPTER 19.18 AMENDED. Chapter 19.18 of the Sunnyvale Municipal Code is hereby amended by amending Section 19.18.030 to delete and revise certain provisions in Table 19.18.30 as follows:

In the table, the letters and symbols are defined as follows:

P = Permitted use

MPP = Miscellaneous Plan Permit required

UP = Use Permit required

SDP = Special Development Permit required

N = Not permitted, prohibited

Footnotes [Text unchanged

SECTION 3. CHAPTER 19.28 AMENDED. Chapter 19.28 of the Sunnyvale Municipal Code is hereby amended by amending Section 19.28.070 to delete and revise certain provisions in Table 19.28.070 as follows:

In the table, the letters and symbols are defined as follows:

P = Permitted use

SDP = Special Development Permit required

MPP = Miscellaneous plan permit required

N = Not permitted, prohibited

Footnotes [Text unchanged]

SECTION 4. CHAPTER 19.82 AMENDED. Chapter 19.82 of the Sunnyvale Municipal Code, entitled Miscellaneous Plan Permit, is hereby amended by amending Section 19.82.020 (a) (1) to read as follows:

19.82.020. When required.

(a) General Reviews:

(1) Accessory living units. Notwithstanding any other provision of this code, all miscellaneous plan permits for accessory living units shall be reviewed by the director of community development for compliance with the standards set forth in the tables of uses in Chapter 19.18 and Section 19.68.040. The permit shall be considered ministerial without discretionary review; when the application is in compliance with the relevant standards, the permit shall be issued. The director's decision shall be final. In those instances where an applicant seeks permission to deviate from the standards set forth in Section 19.68.040, he or she shall file an application for a variance in accordance with the procedures set forth in Chapter 19.84. In cases where development of an accessory living unit is included in a broader development application requiring a discretionary land use permit, such as a use permit, the accessory living unit shall be considered in conjunction with the process for the overall project proposal in order to ensure consistency with relevant standards and site development.

(2)-(22) [Text unchanged.]

(b) – (k) [Text unchanged.]

SECTION 5. 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 6. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. All applications for accessory units filed on or after July 1, 2003, shall be considered under the standards set forth herein.

SECTION 7. 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 June 10. 2003, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _____________________, 2003, by the following vote:

(SEAL)