VARIANCES

 

 

The land in Sunnyvale is divided into three basic types of zoning districts: residential, commercial and industrial. The Sunnyvale Municipal Code specifies certain development requirements for each zoning district. A Variance allows a departure from some of these requirements because of unique circumstances of the property and because there are physical hardships regarding the land or structure that is not present on the surrounding properties within the same zoning district.

 

The Variance procedure allows the City to review the unusual or unique circumstances of a property that may justify granting the Variance. It also gives the public an opportunity to voice their opinion on the project at a public hearing. Variance applications require a public hearing by the Administrative Hearing Officer, Planning Commission or the City Council.

 

Decision Factors

All of the following findings must be met in order for approval of a Variance to be granted.

  1. Because of exceptional or extraordinary circumstances or conditions applicable to the property or use, including size, shape topography, location or surroundings, the strict application of the ordinance is found to deprive the property owner of privileges enjoyed by other properties in the vicinity and within the same zoning district.

  2. The granting of the Variance will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district.

  3. Upon granting of the variance, the intent and purpose of the ordinance will still be served and the recipient of the variance will not be granted special privileges not enjoyed by other surrounding property owners within the same zoning district.

Type of Hearing

If your project does not require environmental review, the application can be heard at the Administrative public hearing. If the project requires environmental review, the Variance application will always be heard at a Planning Commission public hearing. This environmental determination is made at the Project Review Committee Meeting.

 

Project Review Committee

The Project Review Committee (PRC) meeting is made up of staff representatives from the City Divisions of Planning, Building, Engineering, Traffic, Fire Prevention, Street Trees and Crime Prevention. PRC review is for information only and is not a recommendation of approval or denial of the project.

 

Review Process

  1. Talk to a planner to obtain information and an application.

  2. Submit completed application.

  3. Planning staff review.

  4. Project Review Committee reviews project with applicant.

  5. Application completeness and level of environmental review is determined

  6. Notice of public hearing is advertised and posted.

  7. Staff makes a recommendation

  8. The public hearing takes place.

  9. 15 day appeal period.

Timing

Variances usually take 6 to 8 weeks to review if the application is complete and there is no appeal.

 

Appeals

If someone is concerned about the decision made on a Use Permit, the decision may be appealed to a higher hearing body. Appeals must be made within 15 calendar days of the decision, and can be made by submitting the following to the Planning Division staff at the One-Stop Permit Center at City Hall:

  • Letter of explanation addressed to the Planning Commission

  • Appeal fee

  • Mailing list fee

Additional Permits

If your Variance application is approved, you may need a building permit issued by the Building Safety Division.

 

Application Checklist

  • Completed public hearing application (PDF) signed by the legal property owner

  • Site plan: 10 copies, fully dimensioned, showing the following features:

    • existing and/or proposed structures

    • adjacent streets

    • property lines

    • parking and driveways

    • landscaped areas

    • scale indicator

    • north arrow

  • Floor Plans: 10 copies, dimensioned and to scale

  • Elevations: 10 copies, fully dimensioned, with colors and materials indicated. Reductions: 2 copies of the above plans in 8.5 x 11 size

  • A brief written description of the project

  • Justifications

  • Project Data Sheet showing existing and proposed data (residential or commercial/industrial)

  • Legal Description of the property

  • Fees (non-refundable)

Questions?

Call or visit the One-Stop Permit Center at City Hall. Planners are available to assist you between the hours of 8 a.m. to 12 p.m. and 1 p.m. to 5 p.m.

 

This handout is intended to be a general description of Use Permits. For specific information, consult Sunnyvale Municipal Code Chapter 19.88.

 

 

 

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