ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING PORTIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE PERTAINING TO NONCONFORMING RESIDENTIAL BUILDINGS, STORMWATER RUNOFF MANAGEMENTAND THE PRE-APPEAL PROCESS

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

          SECTION 1.         SECTION 19.50.020 AMENDED.  Section 19.50.020 of the Sunnyvale Municipal Code is hereby amended to read as follows:

19.50.020.  Nonconforming residential building.

            (a) A building legally built and occupied as a dwelling, in all zoning districts except R-1, R-0 and R-2, which does not meet current development standards except for lot area per dwelling unit, may be repaired, altered, enlarged or replaced without requiring a variance provided:

                   (1)  No increase in nonconformities will result; and

                   (2)  Any required permits are obtained.

            (b) A building legally built and occupied as a single-family or duplex dwelling in the R-0, R-1 and R-2 zoning districts may be repaired, altered, enlarged or replaced without a variance even if it does not meet current development standards for lot area per dwelling unit, provided all other current development standards are met and any required permits are obtained.

          SECTION 2.  SECTION 19.50.060 AMENDED.  Section 19.50.060 of the Sunnyvale Municipal Code is hereby amended to read as follows:

            19.50.060 Continuance of an existing nonconforming use.

          Except as provided in 19.50.020, a  use which was lawfully established and which becomes nonconforming, including residential uses that do not meet minimum lot area per dwelling unit requirements, may be continued so long as no enlargement of the area, space or volume occupied by such use occurs.

          SECTION 3.         CHAPTER 19.38 AMENDED.  Chapter 19.38 of the Sunnyvale Municipal Code is hereby amended by adding a new Section 19.38.075 to read as follows:

19.38.075.  Stormwater runoff pollution prevention requirements.

     Depending on project impervious surface area, requirements described in the National Pollutant Discharge Elimination System (NPDES) permit may apply.  See Section 12.60 and Section 19.82.020 (23) for stormwater management requirements and the project application process.

          SECTION 4.         SECTION 19.82.020 AMENDED.  Section 19.82.020 of the Sunnyvale Municipal Code is hereby amended to read as follows:

19.82.020.  When required.

     (a)   (1-22) [Text unchanged.]

            (23)  Projects not requiring a public hearing that otherwise require a stormwater management plan per Section 12.60. The  decision on the stormwater management plan is made by the Director of Community Development, whose decision shall be final.

     (b) – (k)   [Text unchanged.]

SECTION 5.  SECTION 19.84.020 AMENDED.  Section 19.82.020 of the Sunnyvale Municipal Code is hereby amended to read as follows:

19.84.020.  Restrictions.

     Variances shall not be approved:

     (a) – (c)  [Text unchanged.]

     (d)  From any stormwater management requirements described in

Section 12.60.

SECTION 6.  SECTION 19.98.080 REPEALED.  Section 19.98.080 of the Sunnyvale Municipal Code is hereby repealed in its entirety, as follows:

SECTION 7.   SECTION 19.52.060 AMENDED.  Section 19.52.060 subdivision (d) of the Sunnyvale Municipal Code is hereby amended by deleting the following language:

19.52.060.  Permit required.

          (a) – (c)  [Text unchanged.]

          (d) Any person aggrieved by an action of the arts commission under this section…(Remaining text unchanged.)

SECTION 8.  SECTION 19.88.020 AMENDED.  Section 19.88.020 of the Sunnyvale Municipal Code is hereby amended by adding the following language:

19.88.020.  Authority.

          (a) ­– (b)  [Text unchanged.]

          (c)  Major use permit determined by the city council for any new industrial development in the M-S and M-3 districts proposing a floor area ration that exceeds the FAR limitations set forth in Chapter 19.32.  Prior to the city council public hearing, the planning commission shall consider the application at a public hearing and make a recommendation regarding such to the city council.

SECTION 9.  SECTION 19.88.040 AMENDED.  Section 19.88.040 of the Sunnyvale Municipal Code is hereby amended as follows:

19.88.040.  Actions.

            (a) – (b)  [Text unchanged.]

          (c) After receiving an appeal or recommendation from  an action of the planning commission on a requested use permit and following at least one public hearing, the city council by the affirmative vote of a majority of its voting members may:
                   (1) Approve the use permit as requested or as changed, modified or conditioned by the city council if the council finds that the use or project as approved meets at least one of the required findings.
                   (2) Deny the use permit if the council finds that the use or project would not meet either of the required findings.

SECTION 10.  SECTION 19.98.070 AMENDED.  Section 19.98.070 of the Sunnyvale Municipal Code is hereby amended by adding the following:

19.98.070.  Appeals.

          (a) – (b)  [Text unchanged.]

          (c)  Appeal of arts commission permit for installation of artwork.  Any person aggrieved by an action of the arts commission under section 19.52.060, including any arts commissioner or city council member, may appeal such action to the city council by filing a written appeal with the city council within fifteen calendar days after the date of such action, in accordance with the procedures for filing appeals to the city council, as set forth in subdivision (b)(5).

          SECTION 11.  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.  The Council therefore directs that a Notice of Exemption be filed with the Santa Clara County Clerk.

          SECTION 12.  EFFECTIVE DATE.  This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

          SECTION 13.  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             , and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on           ,  2004, by the following vote:

AYES:        

NOES:       

ABSENT:    

                                                                             APPROVED:

                                                                             ____________________________

                                                                                      Mayor

ATTEST:

By___________________________

       City Clerk

(SEAL)