ORDINANCE NO. 2802-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING VARIOUS PROVISIONS OF TITLE 19 OF THE SUNNYVALE MUNICIPAL CODE, THE ZONING CODE, RELATED TO PLACES OF ASSEMBLY

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

SECTION 1.  19.12.020 AMENDED.  Section 19.12.020 of the Sunnyvale Municipal Code is hereby amended as follows:

19.12.020.  “A”

(1) – (9)        [Text unchanged]

(10)    “Amusement and entertainment enterprises” means establishments engaged in providing amusement or entertainment, usually for a fee or admission charge and includes such activities as coin operated games, bowling alleys, billiard and pool halls, miniature golf courses, dance halls, musical entertainment, theaters, comedy clubs, amusement parks, commercial sports arenas and race tracks, membership sports and recreation clubs, swimming pools, game parlors and carnival operations.

          (11) – (22)    [Sections renumbered; text unchanged]

SECTION 2.  19.12.060 AMENDED.  Section 19.12.060 of the Sunnyvale Municipal Code is hereby amended as follows:

19.12.160. “E”

(1)      (a)      “Education – Recreation and Enrichment” means a facility which is used primarily for teaching learned skills to children or adults for purposes of recreation, amusement or enrichment.  It includes uses such as karate studios, music and dance studios, arts and crafts studios, and tutoring centers.  It does not include licensed day care centers and pre-schools, facilities for primary and high school education, and institutions of higher learning.  It also does not include retail uses such as music stores, and recreational and athletic facilities such as fitness centers, bowling alleys, and ice skating rinks, where scheduled classes may be offered but such classes are ancillary to the primary use.

          (b)      “Education – Primary and High School” means a state licensed facility for kindergarten through 12th grade education.

          (c)      “Education – Institution of Higher Learning” means any business, professional, technical, or trade school where training is conducted and educational credits, degrees or certificates of completion are earned or granted for students over the age of 18.  Also included are post-secondary institutions for higher learning that grant associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees.  This may also include community colleges that grant associate or bachelor certificates of completion in business or technical fields.

(1) – (8)        [Sections renumbered; text unchanged]

SECTION 3.  19.12.190 AMENDED.  Section 19.12.190 of the Sunnyvale Municipal Code is hereby amended in its entirety to read as follows:

19.12.190.  “R”

(1) - (2)        [Text unchanged]

(3)      “Recreational and Athletic Facility” means a facility offering space and equipment for persons to engage in sports and other forms of physical activity and recreation.  It includes uses such as athletic clubs, fitness centers, swim clubs, bowling alleys, miniature golf courses, batting cages, ice skating rinks, roller skating rinks, rock climbing centers, shooting galleries and arcades. It does not include ordinary golf courses or facilities ancillary to another primary permitted use, such as school gyms.

(3)–(18)        [Sections renumbered; text unchanged]

SECTION 4.  19.12.200 AMENDED.  Section 19.12.200 of the Sunnyvale Municipal Code is hereby amended in its entirety to read as follows:

19.12.200.  “S”

(1) – (3)        [Text unchanged]

(4)   “School, commercial or trade” means a secondary educational facility primarily teaching specific skills that prepare students for jobs in a trade, and which meets the state requirement as a vocational facility.

(4)      “Sensitive populations” means children under the age of 18 years, adults with mental or physical disabilities, adults over the age of 65 years, or any persons who have mobility limitations, difficulty understanding and executing directions or orders, or increased sensitivity to hazardous materials.

(5) - (24)      [Text unchanged]

          SECTION 5.  TABLE 19.18.030 AMENDED.  Table 19.18.030 of the Sunnyvale Municipal Code is hereby amended as follows: