ORDINANCE NO. 2735-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 19.28 AND RELATED SECTIONS OF THE SUNNYVALE MUNICIPAL CODE CONCERNING THE DOWNTOWN SPECIFIC PLAN DISTRICT

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 19.12.130(12) to read as follows:

19.12.130. "L"

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

(12) "Lot Coverage" means the land area covered by all buildings on any lot, as computed from the outside dimension of each building, including corridors, supporting columns and unsupported wall projects (except eaves; uncovered balconies, porches and stairways; fire escapes; landing places; fireplaces, and similar architectural features) , and enclosed and unenclosed roofed patios where the roof is more than fifty percent solid. Underground parking structures which do not protrude above finished grade shall not be calculated in lot coverage percentages.

(13)-(14) [Text unchanged.]

SECTION 2. CHAPTER 19.12 AMENDED. Chapter 19.12 of the Sunnyvale Municipal Code is hereby amended by inserting a new definition in the existing Section 19.12.170(3) to read as set forth below, and renumbering the existing sections:

19.12.170. "P"

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

(3)  "Places of Assembly" means permanent head quarters and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, such as business associations, professional membership organizations, labor unions and similar organizations, civic, social and fraternal organizations (not including lodging), political organizations and other membership organizations. This category includes religious uses and facilities operated for worship promotion of religious activities, including houses of worship and education and training; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the primary use. Other establishments maintained by religious organizations, such as full-time  educational institutions, hospitals and other related operations (such as a recreational camp) are classified according to their respective activities.

(3)-(12)(Renumbered consecutively as (4) - (13).

SECTION 3. CHAPTER 19.44 AMENDED. Chapter 19.44 of the Sunnyvale Municipal Code is hereby amended by amending Section 19.44.020(50)to read as follows:

19.44.020.

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

(50) Projecting Sign. A sign other than a wall sign which is attached to or erected against a wall, awning, canopy, fascia, fence or roof of a building. Projecting signs, except for heritage landmark signs and theater marquees are prohibited in all zoning districts except for the Downtown Specific Plan District, where projecting signs are permitted.

(51)-(70) [Text unchanged.]

SECTION 4. CHAPTER 19.28 AMENDED IN ITS ENTIRETY. Chapter 19.28 of the Sunnyvale Municipal Code is hereby amended in its entirety as set forth in Exhibit A, attached and incorporated.

SECTION 5. CEQA COMPLIANCE. As part of the process of updating the Downtown Improvement Program, the City has analyzed the environmental effects of this ordinance, certified a Program Environmental Impact Report and a Mitigation Monitoring and Reporting Program on June 17, 2003, and made necessary findings required by the California Environmental Quality Act (Public Res. Code §§ 21000 et seq.; "CEQA"). The City finds that the adoption of this ordinance is within the scope of the program EIR and no new environmental documentation is required.

SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

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 The Sun, the official newspaper 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 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 on October 14, 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)