2022 S-90 SupplementCUPERTINO, CALIFORNIA
Instruction Sheet
2022 S-90 Supplement
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Title Page Title Page
TITLE 9: HEALTH AND SANIT ATION
34A through 34D 34A through 34L
TITLE 18: SUBDIVISIONS
21, 22 21, 22
TITLE 19: ZONING
6A through 14
18A through 20
25 through 28
31, 32
47 through 52B
65 through 66F
81 through 90D
194C, 194D
6A through 4
18A through 20
25 through 28
31, 32
47 through 52D
65 through 66F
81 through 90D
194C, 194D
COMPREHENSIVE ORDINANCE LIST
47, 48 47 through 50
INDEX
23, 24 23, 24
JSC
12/2022
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-90 Supplement contains:
Local legislation current through Ordinance 22-2246, passed 11-15-2022
COPYRIGHT @ 2022
AMERICAN LEGAL PUBLISHING CORPORATION
i
9.15.090
CHAPTER 9.15: PROHIBITION OF EXPANDED POLYSTYRENE (EPS) FOAM FOOD SERVICE WARE
Section
9.15.090
9. 15.100
9.15.110
9. 15. 120
9. 15. 125
9. 15. 130
9. 15.140
Purpose of chapter.
Definitions.
Regulation of food service ware and
polystyrene foam coolers used by food
providers and sold by retailers.
Exemptions to the polystyrene foam
disposal food service ware prohibition.
Recordkeeping and inspection.
Adininistrative citations and fines.
Severability.
9.i5.090 Purpose of Chapter.
A. This chapter is determined and declared to be a
health, sanitary, and safety measure for the promotion,
protection and preservation of the health, safety and general
welfare of the people and environment of the City of
Cupertino.
B. Single-use disposable food service ware and
beverage packaging - including plates, cutlery, cups,
straws, "clamshells" and other containers - are major
contributors to street litter, ocean pollution, marine and
other wildlife harm, depletion of natural resources, and
greenhouse gas emissions.
C. Plastic litter breaks down into smaller pieces that
are not biodegradable, persist in the environment on land
and sea, and are present in most of the world's oceans.
D. Among other hazards, plastic debris attracts and
concentrates arnbientpollutants, such as endocrine disrupters
andpersistent organic pollutants, in seawater and freshwater
that can transfer to fish, other seafood, and salt that is
eventually consumed. Nine of the top ten most common
dd)yi5 i(Bm.< jnund @1') 'riBaches in the U.S. during
International Coastal Cleanup Day are single-use food and
be'verage plastic packaging items.
E. Discharge of litter into waters of the United States
is prohibited by the Federal Clean Water Act and the City's
stormwater pollution prevention permit as issued by the San
Francisco Bay Regional Water Quality Control Board.
F. Even if certain types of single-use plastic food
service ware are accepted as recyclable by the City of
Cupertino's approved recyclables processor, when those
items have food and grease residue on them, they become a
contarninant to the recycling stream.
G. Natural fiber-based food service ware items can
be diverted from landfill and processed into compost even
when they have food and grease residue on them.
H. Certain synthetic chemicals known as Per- and
Polyfluoroalkyl Substances (PFAS), which are commonly
used in disposable food service ware to repel water and
grease, pose a public health risk as they have been linked to
serious health effects.
I. Polystyrene foam food service ware and other
items made from unencapsulated foamed materials are a
distinctive litter concern because they are lightweight, break
apart easily, are windblown into streets and waterways, and
float in water until it reaches the San Francisco Bay and
ocean.
J. The City of Cupertino intends to reduce solid
waste at its source and maximize recycling and composting
in accordance with Cupertino's Climate Action Plan, Zero
Waste Policy, and stormwater pollution prevention permit.
K. Reducing disposable packaging by eliminating
unnecessary items and transitioning to reusable products
provides greater environmental benefits than managing the
products that become waste, even when recycled or
composted.
(Ord. 22-2239, § 1 (part), 2022)
9.15.100 Definitions.
For the purposes of this chapter, the following words
and phrases shall have the meanings ascribed to them by this
section, unless the context or the provision clearly requires
otherwise:
1. "Beverage Provider" means any business,
organization, entity, group, or person that offers liquid,
slurry, frozen, semi-frozen, or other forms of beverages to
the public for consumption. Beverage Provider also includes
any organization, entity, group or person that regularly
provides beverages to its members or the general public as
a part of its activities or services.
34A
2022 S-90
9.IS.100 Cupertino - Health and Sanitation 34B
2. "Biodegradable Products Institute (BPI)" refers
to a certification program that ensures that products and
packaging displaying the BPI logo have been independently
tested and verified according to scientifically based
standards to successfully break down in professionally
managed industrial composting facilities. BPI-certified
products meet the standards of the American Society for
Testing Materials (ASTM) D6400 or D6868 for
compostability. As of January 1, 2020, all BPI-certified
products are required to have (1) a limit of 100 parts per
million (ppm) total Fluorinated Chemicals as the upper
ttu'eshold for acceptance and (2) no intentionally added
Fluorinated Chemicals.
3. "Cit)l' means the City of Cupertino.
4. "City Facility" means any building, structure, or
vehicle owned or operated by the City.
5. "City Facili§ Food Provider" means an entity
that provides, but does not sell, Prepared Food in City
Facilities.
6. "City Manager" means the City of Cupertino's
City Manager or their designee.
7. "County" means the Coui'ity of Santa Clara.
8. "Compostable"meansthatanitemormaterialis
(1) accepted in City's ayailable composting collection
program as fully compostable; (2) is listed, described, or
referenced on the City's website as compostable; and (3) is
certified compostable by the Biodegradable Product Institute
or other third party recognized by the Director, or his or her
designee.
9. "Contractors and Lessees" means any person or
entity that has a contract with the City of Cupertino for
public works or improvements to be performed, for a
franchise, concession, or lease of propert5r, for grant monies
or goods and services or supplies to be purchased at the
expense of the City of Cupertino.
10. "Director" means the City of Cupertino's
Director of Public Works or their designee.
11. "Distribute" means the sale, offer for sale, or
other transfer of possession of an item for compensation,
either as a separate transaction or as part of the sale, offer
for sale, or other transfer of possession of another item for
con'inensation.
12. "Fluorinated Chemical" means a class of
fluorinated organic compounds containing at least one fully
fluorinated carbon atom, also known as per- and
polyfluoroalkyl substances, or PFAS chemicals.
13. "FoodContainer"meansacontainer,bowl,plate,
tray, or other vessel used to hold Prepared Food.
14. "Food Provider" means any estabIishment,
provider, non-profit vendor, or business, operating within
the City that seals Prepared Food (1) to the public for
consumption on or off its premises, at a catered event,
and/or (2) at cafeterias and places of employment, whether
or not such establislunents are open to the general public.
Food Proyider includes but is not limited to, restaurants,
retail food establishments, caterers, cafeterias, stores,
shops, retail sales outlets, grocery stores, delicatessens
serving the public, mobile or temporary food providers,
vehicles or carts, or roadside stands.
15. "Food Service Ware" means any products used
for serving or consuming prepared food and includes, but is
not limited to, cups, bowls, plates, trays, cartons, boxes,
wrapper or liners, hinged or lidded containers (clamshells),
and other items used as part of food or beverage se.rvice or
in which Prepared Food is placed or packaged on a Prepared
Food Provider's premises.
16. "Food Service Ware Accessory" means any type
of accessory or accompanying items usually provided
alongside Prepared Food in plates, containers, bowls, or
cups, including but not limited to utensils, chopsticks,
napkins, cup sleeves, food or beverage trays, condiment
packets and saucers, straws, stirrers, splash sticks, spill
plugs, cocktail sticks, and toothpicks.
17. "Person" means an individual, tnist, firm, joint
stock company, corporation including a government
corporation, partnership, or association.
18. 'Per-andPolyfluoroalkylSubstances"means,for
the purposes of food packaging, a class of fluorinated
organic chemicals containing at least one fully fluorinated
carbon atom.
19. "Polystyrene Foam" means a thermoplastic
petrochemical material made from a styrene monomer and
expanded or blown using a gaseous agent (expanded
polystyrene) including, but not limited to, fusion of polymer
spheres (expandable bead polystyrene), injection molding,
form molding, and extrusion-blow molding (extruded foam
polystyrene).
20. "Prepared Food" means food or beverages that
are served, packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed or otherwise prepared on the
premises of a food provider for consumption, including, but
not liinited to, ready-to-eat, dine-in, take-out or
complimentary food or beverage. "Prepared food" does not
include: (1) raw eggs and raw, butchered meat, fish or
poultry that is sold from a butcher case or a similar retaii
method; (2) prepackaged food that is delivered to the food
2022 S-90
34C Cupertino - Health and Sanitation 9.15.100
provider wholly encased, contained or packaged in a
container or wrapper, and sold or otherwise provided by the
food provider in the same container or packaging; or (3)
nonpolystyrene foam prepackaged items prepared on-site,
which are not made to order and sold as "grocery items."
21. "Raw Food" means any uncooked meat, fish,
poultry, vegetable, fruit, or egg.
22. "Recyclable" means material that can be sorted,
cleansed, and reconstituted and accepted by the City's
available recycling collection programs for the purpose of
using the altered form in the manufacture of a new product.
23. "Reusable Food Service Ware" means all food
service ware, including plates, bowls, cups, trays, glasses,
strav,is, stirrers, condiment cups and utensils, that is
manufactured of durable materials and that is specifically
designed and manufactured to be washed and sanitized and
to be used repeatedly over an extended period of time, and
is safe for washing and sanitizing according to applicable
regulations.
24. "Single-use"meansnotmeetingthedefinitionof
Reusable in these definitions.
25. "Standard Condiments and Spices" means
relishes, spices, sauces, confections, or seasonings that
require no additional preparation and that are usually used
on a food item after preparation, including ketchup,
mustard, mayonnaise, soy sauce, hot sauce, salsa, salt,
pepper, sugar, and sugar substitutes or others as determined
by the City.
26. "State" means the State of California.
27. "Takeout Food" means Prepared Food requiring
no further preparation, which is purchased to be consumed
off a Prepared Food Provider's premises. Takeout Food
includes Prepared Food delivered by a Food Provider or by
a third-party Takeout Food Delivery Service,
28. "TakeoutFoodDeliveryService"isaservicethat
delivers Takeout Food from a Food Provider to a customer
for consumption off the premises. This service can be
provided directly by the Food Provider or by a third-party.
29. "Third Party Food Delivery Platform" means a
business engaged in the service of online food ordering
and/or deliyery from a Prepared Food Provider to a
g(insumer.
(Ord. 22-2239, 53 1 (part), 2022; Ord. 14-2116, F4 l (part),
2014)
9.15.110 Regulation of Food Service Ware and
Polystyrene Foam Coolers Used by Food Providers and
Sold by Retailers.
A. Accessories Only upon Customer Request. On or
after October 6, 2022:
1. Food Providers shall provide Single-use Food
Service Ware Accessories and Standard Condiments in
single serve packets only upon request by eustomers during
on-premises dining or whenusing a third-party food delivery
platform. Single-use Food Service Ware Accessories and
Standard Condiments packaged for single use provided by
Prepared Food Providers for use by consumers shall not be
bundled or packaged in a manner that requires a consumer
to take a different type of Single-use Food Service Ware
Accessory or Standard Condiment.
2, Food Providers and Beverage Providers, as well
as City facilities, City-managedconcessions, City-sponsored
events, and City-permitted events, may proyide plastic
straws as an accommodation to people with disabilities who
request them to enjoy equal access to food and beverage
services within the City.
3. Prepared Food Providers offering Standard
Condiments and Spices are encouraged to use dispensers or
bulk containers rather than pre-packaged individual serving
packets.
4. Takeout Food Delivery Services that utilize
digital ordering/point of sale platforms, including but not
limited to the internet and smart-phone, shall only offer
Single-Use Food Service Ware Accessories by providing
clear options for customers to affirmatively request these
items separate from orders for food and beverages. The
default option on the digital ordering/point of sale platforms
shall be that no Single-Use Food Service Ware Accessories
are requested. Each individual Single-Use Food Service
Ware Accessory (e. g., each fork, knife, condiment packet,
napkin, etc.) provided with Prepared Food must be
specifically requested by the customer in order for a Food
Provider to provide it.
5. A Prepared Food Provider may ask a
drive-through consumer if the consumer wants a Single-use
Food Service Ware Accessory if the Single-use Food
Service Ware Accessory is necessary for the consumer to
consume ready-to-eat food, or to prevent spills of or safely
transport ready-to-eat food.
6. For delivery orders, Prepared Food Providers
may choose to include specific accessories, such as cup lids,
spill plugs, and trays, in order to prevent spills and deliver
food and beverages safely.
B. Use of Non-Compliant Food Service Ware
Prohibited. On or after September 6, 2023:
1. Prepared Food or Beverage Providers, including
City Facility Prepared Food Providers, and City Contractors
and Lessees may not sell, offer for sale, or otherwise
distribute Prepared Food prepared or packaged in Cupertino
using:
2022 S-90
9.15.110 Cupertino - Health and Sanitation 34D
a. Single-use Food Service Ware or Food Ware
Accessories made, in whole or in part, from Polystyrene
Foam;
b. Single-use Food Service Ware made, or Food
Ware Accessories made, in whole or in part, from plastic
including polyethylene, polyethylene terephthalate,
polypropylene, polystyrene, even if accepted as recyclable
by the Ciff's approved recyclables processing facility;
c. Single-use Food Service Ware or Food Ware
Accessories that are Compostable and not certified free of
Fluorinated Chemicals by an independent third-party
certifying organization approved by the Director, or their
designee;
d. Single-Use Food Service Ware or Food Ware
Accessories made in whole or in part from bio- or
plant-based or other "compostable" plastic even if labeled or
certified as compostable.
2. The Director, or their designee, may adopt a list,
or reference an approved list, of suitable alternative
Compostable or Recyclable aluminum Single-use Food
Service Ware products, which means Single-use Food
Service Ware products that serve the same intended purpose
as non-compliant products, meet the standards for what is
Compostable and/or Recyclable aluminum under this
Chapter, and are reasonably affordable. If a product is not
included or referenced on an approved list, the person using
the product as Single-use Food Service Ware will have the
burden of establishing to the Director's satisfaction that the
product complies with this Section.
3. It shall not be a violation of this Section to sell,
provide, or purchase Prepared Food or Raw Food or
Beverage packaged in Single-Use Food Service Ware
otherwise prohibited by subsection (1) if the Prepared Food
or Raw Food or Beverage is packaged outside the City and
is sold or otherwise provided to the consumer in the same
Single-use Food Service Ware in which it originally was
packaged. Businesses packaging Prepared Food outside the
City are encouraged to use Single-use Food Service Ware
that is CompostabIe or Recyclable alurniniun, is
Compostable and free of Fluorinated Chemicals, and is not
made, in whole or in part, from Polystyrene.
C. Reusable Food Service Ware for Dining on
Premises. On or after September 6, 2023:
1. Prepared Food served for consumption on the
Prepared Food Provider's premises shall be served only on
Reusable Food Service Ware, except that disposable paper
food wrappers, sleeves, and bags, foil wrappers, paper
napkins, paper tray and plate liners, and straws shall be
permitted, so long as they meet the requirements set forth
elsewhere in this Chapter.
2. Condiments, such as sauces, ketchup, or mustard,
provided for on-site consumption, shall not be served in
disposable, individual-serving packets.
3. Consumption is considered on-premises if it takes
place at tables and/or seating provided by the Prepared Food
Provider either on its own or in conjunction with another
Prepared Food Provider.
4. New building permits and new or renewed
business licenses for Food Service Providers applied for,
and/or deemed complete after 6/1/2023 shall only be granted
to Prepared Food Providers that can demonstrate adequate
capacity to comply with subsection C. 1.
5. This requirement does not prohibit a Prepared
Food Provider from providing, upon a customer's request,
Single-use Food Service Ware compliant with subsection
B. I for the customer to take away leftover Prepared Food
after dining on the premises.
6. Prepared Food Providers subject to the
requirements of subsection C. 1 that do not haye onsite or
oft-site dishwashing capacity, or are unable to contract for
services to wash, rinse, and sanitize Reusable Food Service
Ware, in order to comply with applicable provisions of the
California Health and Safety Code, may petition the
Director for an exemption or extension under 9. 15. 120.
D. Sale or Distribution of Non-Compliant Food
Service Ware and Expanded Polystyrene Foam Coolers
Prohibited. On or after September 6, 2023 :
1. No Person may sell, offer for sale, or otherwise
Distribute within the City any Single-use Food Service Ware
prohibited under Sections B. I.a. or B. I.d.
2. No person may sell, offer for sale, or otherwise
distribute for compensation within the City cookers, ice
chests, or similar' containers made, in whole or in part, from
Polystyrene Foam that is not wholly encapsulated or encased
within a more durable material.
3. PursuanttoSectionB.3,theDirectormayadopt,
maintain, or reference a list of compliant products.
(Ord. 22-2239, FB 1 (part), 2022; Ord. 14-2116, FB 1 (part),
2014)
9.15.120 Exemptions to the Polystyrene Foam Disposal
Food Service Ware Prohibition.
A. AFoodProvidermayseekanexemptionfromthe
requirements under Section 9.15.110 due to a "unique
packaging hardship" under Subsection B of this section,
"unused inventory" under Subsection C of tbis section,
"significant economic hardship" under Subsection D, or
request a temporary exemption to request extra time for
compliance under Subsection E.
I
2022 S-90
34E Cupertino - Health and Sanitation 9.15.120
B. The Food Provider must demonstrate that no
reasonably feasible alternative exists for a specific and
necessary prohibited Single-Use food service ware item to
qualify for a "unique packaging hardship" exemption.
C. The Food Provider must demonstrate that before
[new effective date of this ordinancel, it purchased the
prohibited food service ware which cannot be returned to the
distributor and, despite the food vendor's best efforts, will
remain in inventory on [date], to qualify for an "unused
inventory" exemption.
D. The Food Provider must demonstrate that the
provisions of this Chapter would cause significant economic
hardship. "Significanteconomichardship"maybebasedon,
but not limited to, demonstrating that suitable Single-use
Food Service Ware is not available at a commercially
reasonable price and the additional cost associated with
providing the Single-Use Food Service Ware is particularly
burdensome to the Food Provider based on the type of
operation(s) affected, the overall size of the
business/operation, the number, type and location of its
facilities, the impact on the overall financial resources of the
Food Provider, and other factors. Reasonable added cost for
an item required by this Chapter shall not by itself constitute
adequate grounds to support an exemption for such item. In
determining whether a significant economic hardship has
been established, the Director shall consider the following
information: ability of the Food Provider to recover the
additional expense by increasing its prices, outside funding,
and other options.
E. The Food Provider must demonstrate that for
other reasons not already stated it needs additional time to
comply with the provisions of this Chapter.
F. The Food Provider may submit a written
application for an exemption to the Environmental Programs
Division. The Director may require the applicant to submit
additional information or documentation to make a
determination regarding the exemption request. A request
for exemption shall be reviewed on a case by case basis, and
may be granted in whole or in part, with or without
conditions, for aperiod ofup to one year. The determination
of the Director shall be final and is not subject to appeal.
G. PrepackagedFooddeliveredfromoutsidetheCity
is exempt from the provisions of this Chapter.
H. Disposable Food Service Ware that is entirely
Aluminum Foil-based including, but not limited to,
aluminum trays, aluminum foil wrappers and aluminum foil
baskets, is exempt from the provisions of this Chapter.
I. Temporary exemptions due to an emergency are
automatic without the submission of a request for an
exemption. An emergency is defined as a sudden,
unexpected occurrence posing a clear and irnrninent danger
that requires immediate action to prevent or mitigate the loss
or impairment of life, health, property, or essential public
services. Examples of an emergency include, but are not
limited to natural disasters, emergencies due to the release
of hazardous materials, emergencies associated with loss of
power and/or water, or emergency medical response.
(Ord. 22-2239, § 1 (part), 2022; Ord. 14-2116, § 1 (part),
2014)
9.15.125 Recordkeeping and Jnspection.
A. Food Providers shall keep a complete and
accurate record or documents of the purchase of Single-use
Food Service Ware evidencing compliance with this
Chapter.
B. The record shall be made available for inspection
at no cost during regular business hours to City employees
or City-designated agents authorized to enforce this Chapter.
Unless an alternative location or method of review is
mutually agreed upon, the records or documents shall be
made available at the Food Provider address.
C. The provision of false or incomplete information,
records or documents to the city shall be a violation of this
Chapter.
(Ord. 22-2239, § 1 (part), 2022)
9.15.130 Administrative citations and fines.
A. Grounds for an administrative citation. An
administrative citation may be issued upon findings made by
the City Manager, or his or her designee, for violation of
any provision of this Chapter.
B. Administrative citation fine amounts. Upon
findings made under subsection (A), the Person, Beverage
Provider, or Food Provider shall be subject to an
administrative citation pursuant to Chapter LIO of this
Code. Fines for the administrative citation are as follows:
(1) First citation: One hundred dollars ($100.00).
(2) Second citation for the same violation within the
same twelve month period: Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the same
violationwiffiinthesametwelvemonthperiod: Fivehundred
dollars ($500.00)
(4) Each day that any person or food vendor violates
the provisions of this Chapter is a new and separate
violation.
2022 S-90
9.15.130 Cupertino - Health and Sanitatton 34F
C. Administrative citation appeals and disposition
shall be processed in accordance with Chapter 1. 10 of this
Code.
(Ord. 22-2239, § 1 (part), 2022; Ord. 14-2116, § 1 (part),
2014)
9.15,140 Severability,
If any section, subsection, subdivision, sentence,
clause, or phrase of this Chapter is for any reason held to be
unconstitutional or otherwise void or invalid, by any court
of competent jurisdiction the validity of the remaining
portion of this Chapter shall not be affected thereby.
(Ord. 14-2116, Fj 1 (part), 2014)
(l
2022 S-90
9.16.010
CHAPTER 9.16: SOLm WASTE, NON-ORGANIC RECYCLING AND RECYCLING AREAS
Section
9. 16.010
9. 16.020
9. 16.030
9.16.040
9. 16.045
9. 16.050
9.16.060
Purpose.
Definitions.
Applicability of regulations.
Site development regulations.
Solid waste, non-organic recycling and
organic recycling enclosures
Maintenance and collection.
Violation-Penalty.
9.16.010 Purpose.
A. TheCityisrequiredtocomplywiththeapplicable
provisions of the California Integrated Waste Management
Act (AB939 or "Act"), as amended, which is codified in the
California Public Resource Code beginning at section
40000. The Act requires that by and after January 1, 2000,
fifty percent (50%) of the solid waste generated must be
divertedthrough source reduction, recycling andcomposting
activities. In 2014, the Act was amended by Assembly Bill
1826 which requires that by April 1, 2016 a business that
generates eight (8) cubie yards or more of organic waste per
week must arrange for recycling services specifically for
organic waste; by January 1, 2017, a business that generates
four (4) cubic yards or more of organic waste per week must
arrange for recycling services specifically for organic waste;
by January 1, 2019, a business that generates four (4) cubic
yards or more of commercial solid waste per week, must
arrange for recycling services specifically for organic waste;
by January 1, 2020, if the State determines that statewide
disposal of organic waste has not been reduced to fifty
percent (50%) of the level of disposal during 2014, a
business that generates two cubic yards or more per week of
commercial solid waste n'iust arrange for the organic waste
recycling, unless the State determines that this requirement
will not result in significant additional reductions of organics
disposal.
B. The lack of adequate areas for collecting and
loading recyclable materials that are compatible with
surrounding land uses is a significant impediment to
diverting solid waste and constitutes an urgent need for The
City to address access to solid waste for source reduction,
recycling and composting activities. The State Legislature,
in passing the California Solid Waste Reuse and Recycling
Access Act of 1991 (AB 1327), required all local agencies
to adopt an ordinance relating to adequate areas for
collecting and loading recyclable materials in development
projects. The City has adopted the State's model ordinance
to fit local conditions, in a manner that complies with AB
1327.
C. Assembly Bill 1826 authorizes the City to allow
certain exemptions from the organic waste recycling,
including, but not limited to, if there is a lack of sufficient
space in multifamily complexes or businesses to provide
additional organic material recycling bins. (Ord. 15-2130,
8, 2 (part), 2015; Ord. 2085, S, 2 (part), 2011; Ord. 1671,
(part), 1994)
"Development project" means any of the
9.16.020 Definitions.
The words and phrases used in this chapter have the
same meaning as set forth in Section 6.24.020 of this Code
unless defined in this section. In which case, as used in this
chapter:
A. "Business Structure" means a building or
buildings within a property occupied by one or more
businesses.
B.
following:
1. A project for which a building permit is required
for a cotnmercial, industrial, institutional or quasi-public
building, or residential building having five or more living
units, where solid waste is collected and loaded,
2. Any residential project where solid waste is
collected and loaded in a location serving five or more liying
units.
3. Any new public facility uihere solid waste is
collected and loaded, including any improvements to the
areas of a public faciliry which are used for collecting ai-id
loading solid waste.
4. Any subdivisions or tracts of single-family
detached homes if, within such subdivisions or tracts there
is an area where solid waste is collected and loaded in a
location which serves five or more living units. In such
instances, recycling areas as specified in this chapter are
only required to serve the needs of the living units which
utilize the solid waste collection and loading area.
2022 S-90 34G
9.16.020 Cupertino - Health and Sanitation 34H
C. "Improvement" means a site or building change
which adds to the value of a facility, prolongs its useful life,
or adapts it to new uses, including but not limited to a
building permit, development permit, or use permit.
D. "Director" means the Director of Public Works
and is/her duly authorized agents and representatives.
E. "Owner" means the holder or holders of legal
title to the real property constihiting the premises to which
solid waste collection service is provided.
F. "Project applicant" means any person, firm, or
governmental agency who executes the necessary forms to
procure official approval of a project, landuse modification,
or a permit to carry out construction of a project.
G. "Public facility" means, but is not limited to,
buildings, structures and outdoor recreation areas owned by
a local agency.
H. "Recycling area" means space allocated for
collecting andloading of recyclable materials including solid
waste. Such areas shalI have the ability to accornrnodate
receptacles for non-organic and organic recyclable
materials, solid waste and grease or cooking oil. Recycling
areas shall be accessible and convenient for those who
deposit as well as those who collect and load the recyclable
materials and solid waste placed in the receptacles.
Recycling area is also referred to as solid waste,
non-organic recycling and organic recycling enclosures in
this Chapter.
I. "Trioset(s)"meansasetofpermanentlyinstalled
(anchored to the ground) outdoor receptacles consisting of
three separate containers one each for solid waste,
non-organic recyclables and organic waste, each labeled to
indicate the material type contained therein, and installed
together in a visible collection area for public use.
J. "Wet Waste Business" means a business that
produces food, organic and/or liquid wastes (collectively
"wet waste") which, if left out in the open as opposed to in
a secured container, could create a public nuisance as well
as a stormwater violation, is a wet waste business. Such
businesses include, but are not limited to restaurants,
grocery stores, produce markets and florists. (Ord.
15 -2130, Ffi 2 (partl 2015 ; Ord. 2085, 8) 2 (part), 2011 ; Ord.
16 71, (part), 1994)
9.16.030 Applicability of Reguiations.
A. The site development regulations prescribed in
Section 9. 16.040 of this code shall apply to all businesses,
business structures and project sites which are subject to
City review and approval for improvements, changes or
modifications.
B. The City may exempt business structures, owners
andlor project applicants from the obligationto comply with
some or all of the requirements of this chapter and Chapter
6.24 of this code following the waiver procedures provided
in Section 6.24.037.030 of this code. (Ord. 21-2231, § 1,
2021; Ord. 15-2130, § 2 (part), 2015; Ord. 2085, 8) 2 (part),
2011; Ord. 1671, (part), 1994)
9.16.040 Site Development Regulations.
All projects as provided for in Section 9. 16.030 shall
provide adequate, accessible and convenient areas for
collecting and loading recyclable and separated organic
materials, solid waste, including grease and cooking oil.
Covered recycling areas built to enclose solid waste,
recycling and organics containers, and grease tallow bins are
considered accessory structures and are thus subject to the
provisions of Chapter 19. 100.
A. Recycling areas shall not be located in any area
required to be constructed or maintained as unencumbered,
according to any applicable federal, state or local laws
relating to fire, access, building, transportation, circulation
or safety.
B. The development of new or modified recycling
areas shall generally comply with the City's Public Works
Guidelines for "Non-Residential Building Trash &
Recycling Enclosures or Guidelines for Multi-Family
Dwelling (5 or more units) Trash and Recycling
Enclosures."
C. Any costs associated with adding garbage and
recycling enclosure storage space to existing development
projects shall be the responsibility of the project applicant or
owner.
D. Recycling areas for existing multiple tenant
development projects shall, at a rninirniun, be sufficient in
capacity, number, and distribution to serve that portion of
the development project leased by the tenant who submitted
an application resulting in the requirement of a recycling
area under Section 9. 16.030.
E. Outdoor Public Recycling, Organics and Garbage
Containers:
1. Trio set(s) must be installed by the project
applicant or property owner at all new, improved or
modified business structures. An alternative set of bins that
provide eq-ual contairxent of public litter may be allov,red if
deemed appropriate by the Director. If the Director
determines thatthe potential impact from litter in the vicinity
of the business is negligible, this requirement may be
waived.
(i
2022 S-90
34I Solid Waste, Non-Organic Recycling and Recycling Areas 9.16.040
2. One trio set may satisfy the requirement for up to
four adjacent businesses at one business stnicture. The
number of trio sets that are required will be determined by
the Director and are intended to be sufficient to contain the
amount of litter and solid waste that is reasonably expected
to be generated from the type and size of the businesses at
each business stnicture. (Ord. 15-2130, § 2 (part), 2015;
Ord. 2085, 8, 2 (part), 2011; Ord. 1671, (part), 1994)
9.16.045 Solid Waste, Non-Organic Recycling and
Organic Recycling Enclosures.
All wet waste businesses or wet waste business
structures which are subject to City approval for
irnproyemerits, changes or modifications shall include a
covered area to accommodate solid waste, non-organic
recycling, organics bins and grease tallow bins to prevent
loose materials or effluent from scattering on the property
and to prevent storm water nin on to the area and ninoff
from the area. Solid waste, non-organic recycling and
organic enclosure storage areas shall be designed in
accordance with the City's Public Works Guidelines for
"Non-Residential Building Trash & Recycling Enclosures or
Guidelines for Multi-Family Dwelling (5 or more units)
Trash and Recycling Enclosures". New enclosure storage
facilities, plans to share enclosure storage facilities or
remodel existing enclosure storage facilities shall be subject
to the review and approval of the Director.
Any person owning, controlling or maintaining any
premises within the City which is required to have and
maintain recycling area enclosures as specified in this
Chapter as a condition of development, modification or use
shall keep all garbage, organic waste, recycling, and other
waste containers ivithin the confines of the enclosures at all
times except when the containers are being emptied by the
solid waste collector. At businesses or business structures,
the quantity of containers shall be sufficient to adequately
allow the property owner or tenant to separate solid waste,
non-organic recyclables and organic waste. The property
owner or tenant is to request increased collection frequency
from the solid waste collector if current container size and
quantity exceed available area within the enclosure.
Commercial entities shall use tallow bins for grease waste.
Secondary contaii'u'i'ient for tallow bins and other waste or
organic material containers shall be required by the City if
the potential exists for any non-stormwater discharge to the
storm drain system or aiiy other waterway that connects to
the waters of the State. Failure to properly store discarded
materials is subject to citation. (Ord. 15-2130, § 2 (part),
2015)
9.16.050 Maintenance and Collection.
Recyclable materials and solid waste shall not be
allowed to accumulate such that a visual or public health or
safety nuisance is created. The property owner is
responsible for arranging the pickup of solid waste by the
solid waste collector. Maintenance of each recycling area is
also the responsibility of the property owner. The solid
waste collector is responsible for maintenance of their
respective bins and containers. (Ord. 15-2130, § 2 (part),
2015; Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994)
9.16.060 Violation-Penalty.
Any person who violates the provisions of this chapter
shall be guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1. 10 and 1. 12 of
this code. (Ord. 15-2130, § 2 (part), 2015; Ord. 2085, § 2
(part), 2011; Ord. 1671, (part), 1994)
2022 S-90
Cupertino - Health and Sanitation 34J
2022 S-90
9.17.100
CHAPTER 9.17: REGULATION OF SINGLE-USE CARRYOUT BAGS
Section
9. 7. 100 Findings and purpose.
9. 7. 110 Definitions.
9. 7. 120 Implementation date.
9. 7. 130 Single-use carryout bags.
9. 7.140 Exemptions.
9. 7. 150 Administrative citation and fine.
9. 7.160 Severability.
9.I7.100 Findings and Purpose.
The City Council finds and determines that:
(a) The use of single-use carryout bags by consumers
at retail establishments is detrimental to me environment,
public health and welfare.
(b) The manufacture and distribution of single-use
carryout bags reqriires utilization of natural resources and
results in the generation of greenhouse gas emissions.
(c) Single-use carryout bags contribute to
enyironmental problems, including litter in stormdrains
creeks, the bay and the ocean.
(d) Single-use carryout bags provided by retail
establishments impose unseen costs on consumers, local
governments, the state and taxpayers and constitute a public
nuisance.
The City Council finds and declares that it should
restrict the free distribution of single-use carryout bags.
(Ord. 13-2102, 8, 1 (part), 2013)
9.17.110 Definitions.
A. "Customer" means any person obtaining goods
from a retail establishment.
B. "Garment bag" means a travel bag made of
pliable, dhrable material viiith or without a handle, designed
to hang straight or fold double and used to carry suits,
dresses, coats, or the like without crushing or wrinkling the
same.
C. "Garmentcover"meansaprotectivetextilecover
with or without a handle, made of plastic, paper, or other
material and used as a protective covering for clothing,
draperies, or similar textiles after the professional cleaning,
alteration, or repair of such items.
D. "Nonprofit charitable reuser" means a charitable
organization, as defined in Section 501(c%3) of the Internal
Revenue Code of 1986, or a distinct operating unit or
division of the charitable organization, that reuses and
recycles dohated goorls or materials and receives more than
fifty percent of its revenues from the handling and sale of
those donated goods or materials.
E. "Person" means any natural person, firm,
corporation, partnership, or other organization or group
however organized.
F. "Preparedfood"meansfoodsorbeyerageswhich
are prepared on the premises by cooking, chopping, slicing,
n'iixing, freezing, orsqueezing, andwhichrequirenofurther
preparation to be consumed. "Prepared food" does not
include any raw, uncooked meat product or fruits or
vegetables which are chopped, squeezed, or mixed.
G. "Publiceatingestablishrnent"meansarestaurant,
take-out food establishment, or any other business that
receives ninety percent or more of its revenue from the sale
of prepared food to be eaten on or off its premises.
H. "Recycled paper bag" means a paper bag
provided at the check stand, cash register, point of sale, or
other point of departure for the purpose of transporting food
or merchandise out of the establishment that contains no old
growth fiber and a minimum of forty percent post-consumer
recycled content and is one hundred percent recyclable.
I. "Retail establishment" means any commercial
establishment that sells perishable or nonperishable goods
including, but not limited to, clothing, food, and personal
items directly to the customer; and is located within or doing
business within the City of Cupertino. "Retail
establishment" does not include public eating establishments
or nonprofit charitable reusers.
J. "Reusablebag"meanseitherabagmadeofcloth
or other machine washable fabric tnat has handles, or a
durable plastic bag with handles that is at least 2.25 rnils
thick and is specifically designed and manufactured for
multiple reuse.
K. "Single-usecarryoutbag"meansabagotherthan
a reusable bag provided at the check stand, cash register,
point of sale or other point of departure, including
34K
2022 S-90
9.17.110 Cupertino - Health and Sanitation 34L
departments within a store, for the purpose of transporting
food or merchandise out of the establishment. "Single-use
carryoutbags" donotincludebagswithouthandlesprovided
to the customer: (1) to transport prepared food, produce,
bulk food or meat from a department within a store to the
point of sale; (2) to hold prescription medication dispensed
from a pharmacy; or (3) to segregate food or merchandise
that could damage or contaminate other food or merchandise
when placed together in a reusable bag or recycled paper
bag. (Ord. 13-2102, F§ 1 (part), 2013)
9.17.120 Implementation Date.
This Chapter shall be implemented as of October 1,
2013. (Ord. 13-2102, el 1 (part), 2013)
9.17.130 Single-Use Carryout Bags.
A. No person or retail establishment shall provide a
Single-Use Carryout Bag to a customer, at the check stand,
cash register, point of sale or other point of departure for
the purpose of transporting food or merchandise out of the
establishment except as provided in this section or in section
9. kl. 140.
B. A retail establishment may only make recycled
paper or reusable bags available to customers if the retailer
charges a minimum of ten cents.
C. Notwithstanding this section, no retail
establishment may make a'vailable for sale a recycled paper
or reusable bag unless the amount of the sale of such bag is
separately itemized on the sale receipt.
D. A retail establishment may provide one or more
recycled paper or reusable bags at no cost to any of the
following individuals: a customer participating in the
California Special Supplement Food Program for Women,
Infants, and Children pursuant to Article l (commencing
with Section 123275) of Chapter 1 of Part 2 of Division 106
of the Health and Safety Code; a customer participating in
the Supplemental Food Program pursuant to Chapter 10
(cornrnencing with Section 15500) of Part 3 of Division 9 of
the CaliforniaWelfare andInstitutions Code; andacustomer
participating in Calfresh pursuant to Chapter 10
(commencing with Section 18900) of Part 6 of Diyision 9 of
the Californ-ia We!fare and Institutions Code. (Ord. 22-
2239, e) 1 (part), 2022; Ord. 14-2122, § 1, 2014; Ord.
13-2102, F§ 1 (part), 2013)
9.17.140 Exemptions.
1. A plastic or paper carryout bag with or without
handles may be provided by a public eating establishment to
transport prepared food; Beginning September 6, 2023, a
public eatingestablishmentmayno longer provide single-use
plastic carryout bags but may provide a recycled paper or
reusable bag to transport prepared food at no charge.
2. A plastic or paper bag with or without handles
may be provided by a nonprofit charitable reuser.
3. A plastic or paper bag without handles may be
provided to transport prepared food, produce, bulk food, or
meat from a department within a store to the point of sale.
4. A plastic or paper bag without handles may be
provided to hold prescription medication dispensed from a
pharmacy.
5. A plastic or paper bag without handles may be
used to segregate food or merchandise that could damage or
contaminate other food or merchandise when placedtogether
in a reusable bag or recycled bag.
6. A garment bag or garment cover may be used to
protect and transport clothing or other textiles. (Ord.
22-2239, § l (part), 2022; Ord. 13-2102, F§ l (part), 2013)
9.17.150 Administrative Citation and Fine.
(a) Grounds for an administrative citation. An
administrative citation may be issued upon findings made by
the City Manager, or his or her designee, when any person
or retail establishment has provided a single-use carryout
bag to a customer or violated anti other provision of this
Chapter.
(b) Administrative citation fine amounts. Upon
findings made under subsection (a), the retail establishment
shall be subject to an administrative citation pursuant to
Chapter 1.10 of this Code. Fines for the administrative
citation are as follows:
(1) First citation: One hundred dollars ($100.00)
(2) Second citation for the same violation within the
same twelve month period: Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the same
violationwithinthesametwelvemonthperiod: Fivehundred
dollars ($500.00)
(4) Each day that any person or retail establishment
violates the provisions of this Chapter a new and separate
yiolation occurs.
(c) Administrative citation appeals and disposition
shall be processed in accordance with Chapter 1. 10 of this
Code. (Ord. 13-2102, § 1 (part), 2013)
9.17.160 Severability.
If any section, subsection, subdivision, sentence,
clause, or phrase of this Cliapter is for ariy reason held to be
unconstitutional or otherwise void or invalid, by any court
of competent jurisdiction the validity of the remaining
portion of this Chapter shall not be affected thereby. (Ord.
13-2102, § 1 (part), 2013)
2022 S-90
21 Parcel Maps (Four or Less Parcels)18.20.090
Article n. Parcel Maps.
18.20.090 General.
The form and contents, subrnittal, approval and filing
of parcel maps shall conform to the provisions of this article
and the Map Act.
(Ord. 2085, 8, 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.100 Survey Required.
An accurate and complete survey of the land to be
subdivided shall be made by a registered civil engineer or
licensed land surveyor. All monuments, property lines,
centerlines of streets, alleys and easements adjoining or
within the subdivision shall be tied into the survey.
The allowable error of closure on any portion of the
parcel map shall not exceed one part in ten thousand for
field closures and one part in twenty thousand for calculated
closures.
(Ord. 2085, F3 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.110 FormandContents.
A. The form and contents of the parcel map shall
conform to final map form and content requirements as
specified by Article II of Chapter 18. 16 of this title and as
modified herein.
B. Certificates shall be in accordance with Section
66449 of the Government Code with the addition of the
tnistee's certificate according to Section 18. 16. 150(C).
C. Lots shall be designated by letters commencing
with A.
(Ord. 2085, Ei 2 (part), 2011 ; Ord. 1384, Exhibit A (part),
1986)
18.20.120 Prelitninary Submittal.
A. The subdivider shall submit three sets of prints of
the parcel map to the City Engineer for checking. The
preliminaryprints shall be accompanied by two copies of the
data, plans, reports and documents as required for final
maps by Section 18. 16. 160, and as modified herein.
B. The City Engineer may waive any of the
requirements upon finding that the location and nature of the
proposed subdivision is such as notto necessitate compiiance
with the requirements of Article II of Chapter 18. 16.
C, Any additional information or documents required
shall be as specified with the conditions of approval of the
tentative map.
(Ord. 2085, Fg 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20. 130 Review by City Engineer.
The City Engineer shall review the parcel map and the
subdivider's engineer shall make corrections and/or
additions until the map is acceptable to the City Engineer.
(Ord. 2085, 8) 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.140 Approval by City Engineer.
Upon receipt of an approved print, the subdivider shall
submit the original tracing of the revised map, prepared in
accordance with the Map Act and this title and corrected to
its final form, and signed by all parties required by the Map
Act and this title to execute the certificates on the map, to
the City Engineer.
(Ord. 2085, S) 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.150 Filing with the County Recorder.
The City Clerk shall transmit the approved parcel map
directly to the County Recorder.
(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.160 Waiver of Parcel Map Requirements.
A. The City Engineer, upon concurrence of the
Director of Community Development, may waive the parcel
map requirement for division of real property or interests
therein created by probate, eminent domain procedures,
partition, or other civil judgments or decrees.
B. Upon waiving the parcel map requirement, a plat
map, in a form as required by the City Engineer shall be
required for lot line adjustments, mergers, certificates of
compliance and parcel map waivers.
C. Upon waiving the parcel map requirement, the
City Engineer shall also cause to be filed with the County
Recorder a Certificate of Compliance for the land to be
divided.
D. A parcel map waived by the City Engineer may
be conditioned to provide for payment of parkland,
drainage, and other fees as required by City ordinances or
resolutions.
(Ord. 2085, § 2 (part), 2011 ; Ord. 1384, Exhibit A (part),
1986)
18.20.170 MinisterialApprovalofUrbanLotSplits.
A. The Director of Community Development shall
rninisterially approve a parcel map application for an urban
lot split if it meets the requirements of Government Code
Section 66411.7 and conforms to all applicable objective
requirements of the Subdivision Map Act (cornrnencing with
2022 S-90
18.20.170 Cupertino - Subdivisions 22
Government Code Section 66440). No public hearing shall
be required. Notice shall be provided to adjacent property
owners (including those across any public or private street)
fourteen days prior to any action on the proposed project.
The decision of the Director of Community Development
shall be final.
B. The Director of Cornrnunity Development shall
require an urban lot split pursuant to this section to comply
with objective zoning standards, objective subdivision
standards, and objective design review standards applicable
to the parcels created pursuant to this Section, to the extent
that such standards do not conflict with Government Code
Section 66411.7, including but not limited to the objective
subdisiision standards in Paragraph G.
C. Notwithstanding Paragraph A, the Director of
Cornrnunity Development may deny an urban lot split
proposed pursuant to this Section, if the Building Official
makes a written finding, based upon a preponderance of the
evidence, that any housing deveIopment project proposed in
connection with the lot split would have a specific, adverse
impact, as defined and detern'iined in Goveriunent Code
Section 65589.5(d%2), upon public health and safety or the
physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific,
adverse impact.
D. In addition to any other conditions established in
accordance with this Section, the Director of Community
Development may require any of the following conditions
when considering an application for a parcel map for an
urban lot split pursuant to this Section:
1. Easements required for the provision of public
services and facilities.
2. A requirement that the parcels haye access to,
provide access to, or adjoin the public right-of-way.
E. Any lot created pursuant to this Section shalI be
limited to residential uses.
F. An applicant for an urban lot split shall provide
proof, to the satisfaction of the Director of Cornmunit5r
Development, that the property has not been occupied by a
tenant in the three )tears preceding the submission of an
application.
G, An applicant for an urban lot split pursuant to this
Section shall sign an affidavit stating that the applicant
intends to occupy a housing unit on one of the lots created as
their principal residence for a minimum of three years from
the date of the approval of the urban lot split; provided,
however, that this Paragraph shall not apply to an applicant
that is a cornrnunity land trust, as defined in Revenue and
Taxation Code Section 402. 1(a)(l 1)(C%ii), or is a qualified
nonprofit corporation, as described in Revenue and Taxation
Code Section 214. 15.
H. Objective Subdivision Standards for Ministerially
Approved Lot Splits. In addition to any applicable objective
subdivision standards in this Title or the Subdivision Map
Act and the requirements of Governrnent Code Section
66411.7, a lot split approved pursuant to this Section must,
to the maximum extent permissible under Government Code
Section 66411.7, comply with the objective standards
including but not limited to objective standards for urban lot
splits set forth in Sections 19.28.060 and 19.40.050.
I. ThisSectionshallremainineffectuntiIsuchtirne
as Government Code Section 66411.7 is repealed or
superseded or its requirements for ministerial approval of lot
splits are materially amended, whether by legislation or
initiative, or are held to be unenforceable by a court of
competent jurisdiction, at which time this Section shall
become null and void.
(Ord. 22-2246, 'S, III (part), 2022; Ord. 22-2238, F:) 3.1,
2022; Ord. 21-2235, :g 3. 1, 2021)
2022 S-90
6A Definitions 19.08.030
"Amusementpark" means acommercialfacilitywhich
supplies various forms of indoor and outdoor entertainment
and refreshments.
Animal:
1. Animal,Adult."Adultanimal"meansanyanimal
four months of age or older.
2. Animal, Large. "Large animal" means any
equine, bovine, sheep, goat or swine or similar domestic or
wild animal, as determined by the Planning Commission.
3. Animal, Small. "Small animal" means animals
which are commonly found in single-family residential areas
such as chickens, ducks, geese, rabbits, dogs, cats, etc.
"Animal care" means a use providing grooming,
housing, medical care, or other services to animals,
including veterinary services, animal hospitals, overnight or
short-term boarding ancillary to veterinary care, indoor or
outdoor kennels, and similar services.
"Apartment" means a room or a suite of two or more
rooms which is designed for, intended for, and occupied by
one family doing its cooking there.
"Apartment house" means a building designed and
used to house tbree or more families, living independently
of each other.
"Apartment project" means a rental housing
development consisting of two or more dwelling units.
"Approval Body" means the Director of Commiu'iity
Development and his/her desigi'iee, the Planning
Commission or City Council depending upon context.
"Architectural feature" means any part or
appurtenance of a building or structure which is not a
portion of the living area of the building or structure.
Examples include: cornices, canopies, eaves, awnings,
fireplaces, or projecting window elements. Patio covers or
any projection of the floor area shall not constitute an
architectural projection.
"Architectural projection," for purposes of the Sign
Ordinance, means any permanent extension from the
structure of a building, including the likes of canopies,
awnings and fascia.
"Atrium" means a courtyard completely enclosed by
walls and/or fences.
"Attic" meaixs aii area between the ceiling and roof of
a structure, which is uncoxiditioned (not heated or cooled)
and uninhabitable.
"Automotive service station" means a use providing
gasoline, oil, tires, small parts and accessories, and services
incidental thereto, for automobiles, light trucks, and similar
motor vehicles. Automotive maintenance and repair (minor)
may be conducted on the site. The sale of food or grocery
items on the same site is prohibited except for soft drinks
and snack foods, either from automatic vending machines or
from shelves. The sale of alcoholic beverages on the site is
governed by Chapter 19. 132, Concurrent Sale of Alcoholic
Beverages and Gasoline.
"Automotive repair and maintenance (minor)" means
the supplying of routine automotive services such as
lubrication, engine tune-ups, smog certificates, servicing of
tires, brakes, batteries and similar accessories, and minor
repairs involving engine accessories. Any repair which
requires the engine, drive train, transmission assembly,
exhaust system, or drive train parts to be removed from a
motor vehicle or requires the removal of internal parts shall
not be considered minor. Body and paint shop operations are
not minor repairs or maintenance.
"Average slope" means the ratio between vertical and
horizontal distance expressed in percent; the mathematical
expression is based upon the formula described below:
S = Average slope of ground in percent;
L = Combined length in feet of all contours on parcel;
I = Contour interval in feet;
A = Area of parcel in square feet.
B. "B" Definitions:
"Banks" means financial institutions including
federally-chartered banks, savings and loan associations,
industrial loan companies, and credit unions providing retail
banking services to individuals and businesses. This
classification does not include payday lending businesses or
check cashing businesses. The term "payday lending
business" as used herein means retail businesses owned or
operated by a "licensee" as that term is defined in California
Financial Code Section 23001(d), as amended from time to
time. The term "check cashing business" as used herein
means a retail business owned or operated by a "check
casher" as that term is defined in California Civil Code
Section 1789.31 as amended from time to time.
"Basement" means any floor below the first story in a
building that is fully submerged below grade except for
lightwells required for light, ventilation and emergency
egress. A basement may have a maximum exterior wall
height of two feet between natural grade and ceiling.
"Baywindoul' means aprojectingwindowelementthat
is not an extension of the floor area and does not incorporate
any useable space for seating or other purposes.
Additionally, a bay or projecting window shall:
a. Be a projection of windows, not walls;
b. Be cantilevered no more than twenty-four inches
from an exterior wall;
c. Be a minimum of twenty-four inches from the
finished floor;
d. Not create a projection of the floor;
e. Not occupy more than 50% of an exterior wall
face.
2022 S-90
19.08.030 Cupertino - Zoning 6B
These limitations do not apply to bay windows which
have been counted towards floor area and meet required
setbacks.
"Bird-safe design" means when building design, site
planning, design features, materials, exterior and interior
lighting, are designed and developed to reduce hazardous
conditions for birds.
"Bird-safe development" means development that
incorporates bird-safe design and bird-safe treatment.
"Bird-safe treatment" means treatment to glass that
provides visual cues to birds and reduce the likelihood of
bird collisions.
"Bird-sensitive area", for purposes of Chapter 19. 102,
Glass and T,ighting Standards, means parcels that are in nr
within 300 feet of the Wildland Urban Interface; within 300
feet of watercourses; in Residential Hillside areas; and
within 300 feet of public and pri'vate, open spaces and parks
that are dominated by vegetation, including vegetated
landscaping, forest, meadows, grassland, or wetlands.
"Block" means any lot or group of contiguous lots
bounded on all sides by streets, railroad rights-of-way, or
waterways, and not traversed by any street, railroad
right-of-way or waterway.
"Boarding house" r4eans any building used for the
renting of rooms or providing of table board for from three
to five persons, inclusive, over the age of sixteen years, who
are not members of the same family.
"Buildable Area" means the lot area in which
stnictures may be located, not including required yard or
access areas.
"Building" means any structure used or intended for
supporting or sheltering any use or occupancy when any
portion of a building is completely separated from every
other portion by a "Fire Barrier" as defined by the
California Building Code, then each portion shall be deemed
to be a separate building.
1. "Attached building" means buildings which are
structurally connected by any structural members or wall,
excluding decks, patios or fences.
"Building coverage" means that portion of the net lot
area encompassed within the outermost wall line which
defines a building enclosure.
"Building frontage" means the length or the surface of
the building wall which faces, and is visible to the general
public from, a private or public right-of-way or driveway.
"Business" or "commerce" means the purchase, sale
or other transaction involving the handling or disposition of
any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops for the
sale of personal services, garages, outdoor advertising signs
and struchires, hotels and motels, and recreational and
amusement enterprises conducted for profit.
"Business or trade school" means a use, except a
college or university, providing education or training in
business, commerce, language, or similar activity or pursuit,
and not otherwise defined as a home occupation.
C. "C" Definitions:
"Canopy" means any roof-like structure, either
attached to another structure or freestanding, or any
extension of a roof line, constructed for the purpose of
protection from the elements or aesthetic purposes in
connection with outdoor living.
"Car shelter" means a roofed structure or a part of a
building not enclosed by walls, intended and designed to
accommodate one or more vehicles.
"Caretaker" means a person or persons employed for
the purpose of protecting the principal use of the property or
structure.
"Centerline" means the centerline as established by the
County Surveyor of Santa Clara County, the City Engineer,
or by the State Division of Highways of the State of
California.
"Changeable copy sign" means any sign, or portion,
'which provides for each manual changes to the visible
message without changing structural surfaces, including the
likes of theater marquees and gasoline service station price
signs, but excluding electronic reader board signs and signs
which display the current time or temperature.
"Change of face" means any changes to the letter style,
size, color, background, or message.
"Change of use" means the replacement of an existiiig
use by a new use, or a change in the nature of an existing
use, but not including a change in ownership, tenancy or
management where the previous nature of the use, line of
business, or other function is substantially unchanged.
"Child" means a person who is under eighteen years of
age.
"Child day care facility" means a facility, licensed by
the State or County, which provides non-medical care to
children in need of personal services, supervision, or
assistance essential for sustaining the activities of daily
living or for the protection of the individual on less than a
twenty-four-hour basis. Child day care facility includes day
care centers, employer sponsored child-care centers and
family day care homes.
"Church" means a use providing facilities for
organized religious worship and religious education
incidental thereto, but excluding a private educational
facility. A property tax exemption obtained pursuant to
Section 3(f) of Article XIII of the Constitution of the State
of California and Section 206 of the Revenue and Taxation
Code of the State of California, or successor legislation,
constitutes prima facie evidence that such use is a church as
defined in this section.
2022 S-90
6C Definitions 19.08.030
"College" or "university" means an educational
institution ofhigher learning which offers a course of studies
designed to culminate in the issuance of a degree or defined
by Section 94110 of the Education Code of the State of
California, or successor legislation.
"Collocation" means the placement of aerials and other
facilities belonging to two or more communication service
providers on a single mast or building.
2022 S-90
19.08.030 Cupertino - Zoning 6D
(l
7 Definitions 19.08.030
"Cornrnercial recreation" means a use providing
recreation, amusement, or entertainment services, including
theaters, bowling lanes, billiard parlors, skating arenas, and
similar services, operated on a private or for-profit basis,
but excluding uses defined as outdoor recreation services.
"Cornrnunity center" means aplace, structure, area, or
other facility used for and providing religious, fraternal,
social and/or recreational programs generally open to the
public and designated to accommodate and serve a
significant segment of the community.
"Commercial district," for purposes of the Sign
Ordinance, means an area of land designated for commercial
use in the current Cupertino General Plan.
"Common interest development" means the following,
all definitions of which are based upon Civil Code Section
4100 or subsequent amendments:
1. A condorninium project,
2. A community apartment project,
3. A stock cooperative, or
4. A planned development.
"Community organization" means a nonprofit
organization based i-u the City and whose activities benefit
the City, its residents, employees, or businesses.
"Concession" means a benefit offered by the City to
facilitate construction of eligible projects as defined by the
provisions of Chapter 19.56, Density Bonus. Benefits may
include, but are not limited to, priority processing, fee
deferments and waivers, granting of variances, and
relaxation of otherwise applicabJe permit conditions or other
concessions required by law.
"Condominiurn conversion" or "Conversion" means a
change in the type of ownership of a parcel (or parcels) of
land, together with the existing attached structures, to that
defined as a common interest development, regardless of the
present or prior use of such land and structures and whether
substantial improvements have been made or are to be made
to such structure.
"Condominium project" or "project" includes the real
property and any structures thereon, or any structures to be
constructed thereon, which are to be divided into
condominium ownership.
"Condominitun units" or "units" means the individual
spaces within a condominium project owned as individual
estates.
"Congregate residence" means any building or portion
which contains facilities for living, sleeping and sanitation,
as required by the California Building Code and may include
facilities for eating and cooking for occupancies other than
a family. A congregate residence may be a shelter, convent
or monastery but does not include jails, hospitals, nursing
homes, hotels or lodging houses.
"Convalescent facility" means a use other than a
residential care home providing inpatient services for
persons requiring medical attention, but not providing
surgical or emergency medical services.
"Convenience market" means a use or activity that
includes the retail sale of food, beverages, and small
personal convenience items, including sale of food in
disposable containers primarily for off-premises
consumption, and typically found in establislunents with
long or late hours of operation and in relatively small
buildings, but excluding delicatessens and other specialty
food shops and establishments which have a sizable
assortment of fresh fruits, vegetables, and fresh-cut meats.
"Corner triangle" means a triangular-shaped area
bounded by the following, unless deemed otherwise by the
City Engineer:
1. The intersection of the tangential extension of
front and street side property lines as formed by the
intersection of two public rights-of-way abutting the said
property lines; and
2. The third boundary of the triangular-shaped area
shall be a line connecting the front and side property lines at
a distance of forty feet from the intersection of the tangential
extension of front and side property lines.
"Corner triangle," for purposes of the Sign Ordinance,
means a triangular-shaped area of land adjacent to an
intersection of public rights-of-way, as further defined in
Cupertino Standard Details Drawings Nos. 7-2 and 7-4.
(See Appendix A, Cuperrino Standard Detail 7-2; Corner
Triangle-Controlled Intersections and B, Cupertino
Standard Detail 7-4; Corner Triangle-Uncontrolled
Intersections for details.)
"Court" means an open, unoccupied space, other than
a yard, on the same lot with a building or buildings and
which is bounded on two or more sides by such building or
buildings, including the open space in a house court or court
apartment providing access.
"Covered parking" means a carport or garage that
provides full overhead protection from the elements with
ordinary roof coverings. Canvas, lath, fiberglass and
vegetation are not ordinarily roof coverings and cannot be
used in providing a covered parking space.
D. "D" Definitions:
"Day cai-e center" r"ueanS any child day care facility,
licensed by the State or County, other than a family day care
home, and includes infant centers, preschools, and extended
day care facilities.
2022 S-86
19.08.030 Cupertino - Zoning 8
Day Care Home, Family. "Family day care home"
means a home, licensed by the State or County, which
regularly provides care, protection and supervision for
fourteen or fewer children, in the child care provider's
primary residence, for periods of less than twenty-four
hours per day, while ihe parents or guardians are away, and
includes the following:
1. "Large-family day care home," which means a
home which proyides family day care for seven to fourteen
children, inclusive, including children under the age of ten
years who reside at the home, as set forth in the California
Health and Safety Code Section 1597.465:
2. "Small-family day care home," which means a
home which provides family day care to eight or fewer
children, including children under the age of ten years who
resides at the home, as set forth in the California Health and
Safety Code Section 1597.44.
"Decorative statuary, for purposes of the Sign
Ordinance, means any stivcmre or device of any kind or
character placed solely for aesthetic purposes and not to
promote any product or service.
"Den'ionstrated safety" means a condition requiring
protection from the threat of danger, harm, or loss,
including but not limited to the steepness of a roadway or
driveway that may create a hazardous parking situation in
front of a gate.
"Demonstrated security" means a condition requiring
protection from the potential threat of danger, harm or loss,
including but not limited to a location that is isolated and
invisible from public view or that has experienced
documented burglary, theft, vandalism or trespassing
incidences.
"Density bonus" means a density increase over the
otherwise maximum allowable residential density in
accordance with the provisions of Chapter 19.56 as of the
date of the project application.
"Developer" means the owner or subdivider with a
controlling proprietary interest in the proposed common
interest development, or the person or organization making
application, or a qualified applicant who has entered into a
development agreementpursuant to the procedures specified
in Chanter 19. 144.
"Development agreement" means a development
agreement enacted by legislation between the City and a
qualified applicant pursuant to Government Code Sections
65864 through 65869.5.
"Development standard" means a site or construction
regulation, including, but not limited to, a setback
requirement, a floor area ratio, and onsite open-space
requirement, or a parking ratio that applies to a development
pursuant to any ordinance, general plan element, specific
plan, charter, or other Iocal condition, law, policy,
resolution, or regulation.
"District" means a portion of the property within the
City within which certain uses of land, premises and
buildings are permitted and certain other uses of land,
prerrNses and buildings are prohibited, and within which
certain yards and other open spaces are required and certain
building site areas are established for buildings, all as set
forth and specified in this title.
"Drinking establishment" means an activity that is
primariIy devoted to the selling of alcoholic beverages for
consumption on the prerrUses.
"Drive-through establishment" means an activity where
a portion of retailing or the provision of service can be
conducted without requiring the customer to leave his or her
car.
"Driveway" means any driveway that provides direct
aecess to a public or private street. o
Driveway, Curved. "Curved driveway" means a
driveway with access to the front property line which enters
the garage from the side at an angle of sixty degrees or
greater to the front curbline and which contains a functional
twenty-foot-deep parking area that does not overhang the
front property line.
"Duplex" means a residential development, on a lot
under one ownership, containing not more than two
kitchens, designed and used as two attached or detached
primary dwelling units, of comparable size independent of
each other, and having no internal connection.
"Dwelling unit" means a room or group of rooms
including living, sleeping, eating, cooking and saiiitatioxi
faciIities, constituting a separate and independent
housekeeping unit, occupied or intended for occupancy on
a non-transient basis and having not more than one kitchen.
"Dwelling unit, accessory" means an attached or a
detached residential dwelling unit, which provides complete
independent living facilities for one or more persons, on the
same parcel as a principal dwelling unit. It must include
permanent provisions for living, sleeping, eating, cooking
and sanitation. An accessory dwelling unit also includes the
following:
1. An efficiency unit, as defined in Section 17958.1
of Health and Safety Code.
2. A manufactured home, as defined in Section
18007 of the Health and Safety Code.
"Dwelliiig unit, principal" MEANS Thc principal facility
on a parcel zoned or used for detached single-family
residential use.
E. "E" Definitions:
"Economically feasible" means when a housing
development can be built with a reasonable rate of return.
The housing developer's financial ability to build the project
shall not be a factor.
2022 S-90
9 Definitions 19.08.030
Emergency Shelter:
"Emergency shelter, rotating" means a facility that
provides temporary housing with minimal supportive
services and meets criteria in Section 19.76.030(2).
"Emergency shelter, permanent" means apermanently
operated facility that provides temporary housing with
minimal supportive services and meets criteria in Section
19.76.030(3).
"Employee Housing" means accommodations for
employees as defined by Health and Safety Code 17008, as
may be amended.
"Enclosed" means a covered space fully surrounded by
walls, including windows, doors and similar openings or
architectural feahires, or an open space of less than one
hundred square feet fully surrounded by a building or walls
exceeding eight feet in height.
"Entry feature" means a structural element, which
leads to an entry door.
"Equestrian center" means a facility for the shelter,
display, exhibition, keeping, exercise or riding of horses,
ponies or mules, or vehicles drawn by such animals, with
related pasture lands, corrals and trails.
"Equipment yard" means a use providing for
maintenance, servicing or storage of motor vehicles,
equipment or supplies; or for the dispatching of service
vehicles; ordistributionofsuppliesorconstructionmaterials
required in connection with a business activity, public utility
service, transportation service, or similar activity, including
but not limited to, a construction material yard, corporation
yard, vehicular service center or similar use.
F. "F" Definitions:
"Facility" means a structure, building or other physical
contrivance or object.
1. "Accessory facility" means a facility which is
incidental to, and customarily associated with a specified
principal facility and which meets the applicable conditions
set forth in Chapter 19. 100.
2. "Noncomplying facility" means a facility which
is in violation of any of the site development regulations or
other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this
title, or the application of any district to the property
involved by reason of which the adoption or application the
facility becomes noncomplying.
3. "Principal facilities" means a main building or
other facility which is designed and constructed for or
occupied by a principal use.
"Family" means an individual or group of persons
living together who constitute a bona fide single
housekeeping unit in a dwelling unit. "Family" shall not be
construed to include a fraternity, sorority, club, or other
group of persons occupying a hotel, lodging house, or
institution of any kind.
"Fence" means a man-made structure which is
designed, intended or used to protect, defend or obscure the
interior property of the owner from the view, trespass or
passage of others upon that property.
"Fence height" means the vertical distance from the
highest point of the fence (excluding post caps) to the finish
grade adjoining the fence. In a case where the finish grade
is different for each side of the fence, the grade with the
highest elevation shall be utilized in determining the fence
height.
"Financial institutions" means a company engaged in
the business of dealing with monetary transactions, such as
deposits, loans, investments and currency exchange. This
classification does not include payday lending businesses or
check cashing businesses. The term "payday lending
business" as used herein means retail businesses owned or
operated by a "licensee" as that term is defined in California
Financial Code Section 23001(d), as amended from time to
time. The term "check cashing business" as used herein
means a retail business owned or operated by a "check
casher" as that term is defined in California Civil Code
Section 1789.31 as amended from time to time.
"First floor" means thatportion of a stnicture less than
or equal to twenty feet in height, through which a vertical
line extending from the highestpoint of exterior construction
to the appropriate adjoining grade, passes through one story.
"Flag" means any fabric, banner, or bunting
containing distinctive colors, patterns, or symbols, used as
a symbol of a government, political subdivision, or other
entity.
"Flat Yard Area" means a yard area graded to a slope
of 5 % or less, used for active or passive private recreation,
not including a driveway.
"Floor area" means the total area of all floors of a
building measured to the outside surfaces of exterior walls,
and including the following:
1. Halls;
2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height
between anti floor level and the ceiling aboye;
6. Residential basements in the A, Al, Rl and RHS
zoning aistricts with liglxtwells that do oot ccnform to
Section 19.28.070(I);
7. Residential basements in the Rl and RHS zoning
districts on projects pursuant to Government Code section
65852.21
8. Residential garages;
9. Roofed arcades, plazas, walkways, porches,
breezeways, porticos, courts, and similar features
substantially enclosed by exterior walls;
10. Sheds and accessory structures.
"Floor area" shall not include the following:
2022 S-90
19.08.030 Cupertino - Zoning 10
1. Residential basements in the Rl and RHS zoning
districts with lightwells that conform to Section
19.28.070(I);
1. Required lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages,
accessory to a permitted conditional use and located on the
same site;
5. Roofed arcades, plazas, walkways, porches,
breezeways, porticos, courts and similar features not
substantially enclosed by exterior walls.
"Floor area ratio" means the ratio of gross floor area
on a lot to ihe lot area.
"Fcot-lambert" means a unit measurement of the
brightness of light transmitted through or reflected from an
object or surface.
"Freesvay" means any public roadway so designatedby
the State of California.
"Front wall" means the wall of a building or other
structure nearest the street upon which the building faces,
but excluding certain architectural features as defined in this
chapter.
G. "G" Definitions:
"Gable end" means the exterior wall that supports
pitched roofs and is generally triangular in shape.
"Garage" means an accessory building (completely
encIosed) or an attached building used primarily for the
storage of motor vehicles.
"Gasoline service station" means any place of business
which offers for sale any motor vehicle fuel to the public.
"Glare" means the effect produced by a light soiircc
within the visual field Unat is sufficiently brighter than the
level to which the eyes are adapted, which causes
annoyance, discomfort, or loss of visual performance and
ability,
"Glass features", for purposes of Chapter 19.102,
Glass and Lighting Standards, means such features as
free-standing glass walls, wind barriers, skywalks,
balconies, greenhouses, and rooftop appurtenances.
"Grade" or "finished grade" means the lowest point of
adjacent ground elevation of the finished surface of the
gro'imrl paving, or sidewalk, excluding areas where grade
has been raised by means of a berm, planter box, or similar
landscaping feature, unless required for drainage, within the
area between the building and the property line, or when the
property line is more than five feet from the building,
between the building and a line five feet from the building.
"Gross lot area" means the horizontal area included
within the property lines of a site plus the street area
bounded by the street centerline up to thirty feet distant from
the property line, the street right-of-way line and the
extended side yard to the street centerline.
"Guest room" means a room which is intended,
arranged or designed to be occupied by occasional visitors
or nonpaying guests of the occupants of the dwelling unit in
which the room is located, and which contains no kitchen
facilities.
H. "H" Definitions:
"Habitable floor" means the horizontal space between
a floor area of at least seventy square Feet and ihe ceiling
height measuring at least seven feet six inches above it,
except for a kitchen which shall have a ceiling height not
less than seven feet above the floor.
"Habitable space" means space in a structure For
liying, sleeping, eating or cooking. Batbrooms, toilet
compartment, closets, halIs, storage or utility space and
similar areas are not considered habitable space.
"Heavy equipment" means anv mechanical or
motorized device that is not a vehicle or a commercial
vehicle as defined in Section 19.08.030(V), including, but
not limited to, a backhoe, cement mixer, crane, ditch witch,
dozer, earthmover, generator, grader, tractor or any similar
device.
"Height" means a vertical distance measured parallel
to the natural grade to the highest point of exterior
construction, exclusive of chimneys, antennas or other
appurtenances, except that entry features are measured to
the top of the wall plate.
Height restriction shall be established by establishing
a line parallel to the natural grade.
"Height", for purposes of the Accessory
Buildings/Structures, encompasses the entire wall plane
nearest the property line, including roof, eayes, and any
portion of the foundationvisible above the adjoining finished
grade.
I
Entry
Natural
Grade
HEIGHT LIMIT FOR ENTRY FEATURES
"Home occupation" means a business, profession,
occupation or trade activity which is performed by the
resident(s) of a dwelling unit within that dwelling unit, or a
yard area, accessory stnicture or garage associated with that
dwelling unit, or a yard area, accessory structure or garage
associated with that dwelling unit, for purposes of
generating income, by means of the manufacture, and/or
i
/l
2022 S-90
11 Definitions 19.08.030
sale of goods and/or services and/or by short-term rental
activity in compliance with Chapter 5.08, but which activity
is clearly incidental to the principal use of the dwelling for
non-transient residential purposes.
"Hospital" means a facility for providing medical,
psychiatric or surgical services for sick or injured persons,
primarily on an inpatient basis, and including ancillary
facilities for outpatient and emergency treatment, diagnostic
services, training, research, administration, and service to
patients, employees or visitors.
"Hotel" means a facility containing rooms or suites,
solely occupied, intended or designed for use by guests on
a transient occupancy basis, including any guest amenities
such as swimming pools, gyrns, restaurants, bars, meeting
rooms, etc. A short-term rental is not a hotel.
"Household pets" means small animals commonly
found in residential areas such as chickens, ducks, geese,
rabbits, dogs, and cats, but excluding animals such as any
bovine or equine anima], or any goat, sheep or swine. This
title does not regulate the keeping of small household pets,
such as fish, birds or hamsters, which is incidental to any
perrnitteduse. However, noaniinalincludinghouseholdpets
may be kept, maintained and/or raised for commercial
purposes except where permitted with required permits.
"Household type" means whether the occupants of the
housing units are very low income, lower income, moderate
income, or senior citizens.
"Housing development" means for the purposes of
Chapter 19.56, Density Bonus, a development project for
five or more residential units. For the purposes of that
chapter, "housing development" also includes a subdivision
or common interest development, approved by the City that
consists of residential units or unimproved residential lots
and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or the
substantial rehabilitation of an existing multifarnily dwelling,
as defined in Government Code Section 65863.4(d), where
the result of the rehabilitation would be a net increase in
available residential units.
I. 'T' Definitions:
"Industrial district," for purposes of the Sign
0yriinBnee, means all ML d!Str!CtS and m'l (ther zoning
classifications which are consistent with the industrial
designation of the Cupertino general plan.
"Institutional district," for purposes of the Sign
Ordinance, means all BQ, PR, FP, and BA districts and
other zoning classifications and uses which are considered
institutional in nature and are consistent withthe institutional
or quasi-public designation of the general plan.
J. "J" Definitions:
'Vunkyard" means the use of more than two hundred
square feet of the area of any lot for the storage or keeping
of junk, including scrap metals or other scrap material,
and/or for the dismantling or wrecking of automobiles or
other vehicles or machinery.
K. "K" Definitions:
"Kitchen" means an area in habitable space used for
the preparation of food and including at least three of the
following:
1. Cooking appliance(s) or provision for a cooking
appliance such as 220V outlets, gas connections and space
for appliances between counters;
2, Counter:
Refrigerator
Sink.
L. "L" Definitions:
"Landscaping" means an area devoted to or developed
and maintained with native or exotic planting, lawn, ground
cover, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains,
viater features, paved or decorated surfaces of rock, stone,
brick, block or similar material (excluding driveways,
parking, loading or storage areas), and sculptural elements.
"Late evening activities" means an activity which
maintains any hours of operation during the period of eleven
p.m. to seven a.m.
"L.egal substandard lot" means any parcel of land or lot
recorded and legally created by the County or Ciry prior to
March 17, 1980, which lot or parcel is of less area than
required in the zone; or lots or parcels of record which are
reduced to a substandard lot size as a result of required
street dedication unless otherwise provided in the City of
Cupertino General Plan. The owner of a legally created,
substandard property which is less than six thousand square
feet but equal to or greater than five thousand square feet
may utiIize such parcel for residential purposes. The owner
of a legally created parcel of less than five thousand square
feet may also develop the site as a single-family residential
building site if it can be demonstrated that the property was
not under the same ownership as any contiguous property on
the same street frontage as of or after July 1, 1984.
"Light Fixture" means a complete lighting unit
consisting of one or more lainps, and ballast(s), where
applicable, together with the parts designed to distribute the
light, position and protect the lamp(s) and ballast(s), and
connect the lamp(s) to the power supply.
"Light trespass" means light emitted by a light fixture
that shines beyond the property on which it is installed.
"Lightwell" means an excavated area required by the
Uniform Building Code to provide emergency egress, light
and ventilation for below grade rooms.
2021 S-82
19.08.030 Cupertino - Zoning 12
"Liquor store" means a use requiring a State of
California "off-sale general license" (sale for off-site
consumption of wine, beer and/or hard liquor) and having
fifty percent or more of the total dollar sales accounted for
by beverage covered under the off-sale general license.
"Living space" means, for the purposes of Chapter
19. 112, Section 19.40.090, and Section 19.28. 150, the same
as that set forth for "living area" in California Government
Code Section 65852.2(j)(4). All attic and basement square
footage proposed as part of an Accessory Dwelling Unit
shall be limited by the maximum size allowed per Chapter
19. I 12.
"Loading space" means an area used for loading or
unloading of goods from a siehicle in connection with the use
of the site on which such space is located.
"Lot" means a parcel or portion of land separated from
other parcels or portions by description, as on a subdivision
or record of survey map, or by metes and bounds, for
purpose of sale, lease or separate use.
1. "Corner lot" means a lot situated at the
intersection of two or more streets, or bounded on two or
more adjacent sides by street lines.
2. "Flag lot" means an interior lot with a long,
narrow portion of the lot, or parcel of Iand not otherwise
meeting the requirement of this title for lot width thaf
consists entirely of and provides the sole means of vehicular
cormection between the buildable area of the lot and an
abutting street.
3. "Interior lot" means a lot other than a corner lot
or a flag lot.
4. "Key lot" means the first Jot to the rear of a
corner lot, the front line of which is a continuation of the
side lot line of the corner lot, and fronting on the street
which intersects or intercepts the street on which aie corner
lot fronts.
5. "Pie-shaped lot" means an interior lot, that is not
a flag lot, where the front lot line abuts a cul-de-sac, and a)
is at least 20% shorter than the rear lot line or b) has five
or more lot lines.
"Lot area" means the area of a lot measured
horizontally between boundary lot lines, but excluding a
portion of a flag lot providing access to a street and lying
between a front lot line and the street, and excluding any
portion of a lot within the lines of any natural watercourse,
river, stream, creek, waterway, channel or flood control or
drainage easement and excluding any portion of a lot
acquired, for access and street right-of-way purposes, in fee,
easement or otherwise.
"Lot coverage" means the following:
1. "Single-family residential use" means the total
land area within a site that is covered by buildings, including
all projections, but excluding ground-level paving, landscape
features, lightwells, and open recreational facilities. Sheds
are included in lot coverage.
2. "All other uses except single-family residential"
means the total land area within a site that is covered by
buildings, but excluding all projections, ground-level
paving, landscape features, and open recreational facilities.
"Lot depth" means the horizontal distance measured,
removing all existing and future dedications, from the
midpoint of the front lot line to the midpoint of the rear lot
line, or to the most distant point on any other lot line where
there is no clear rear Jot line.
"Lot line" means any boundary of a lot.
1. "Front lot line" means on an interior lot, the lot
line abutting a street, or on a corner lot, the shorter lot line
abutting a street, or on a flag lot, the interior lot line most
parallel to and nearest the street from which access is
obtained. Lot line length does not incIude arc as identified
on corner parcels.
2. "Interior lot line" means any lot line not abutting
a street.
3. "Rear lot line" means the lot line not intersecting
a front lot line which is most distant from and the most
closely parallel to the front lot line. A lot bounded by only
three lot lines will not have a rear lot line.
4. "Side lot line" means any lot line which is not a
front or rear lot line.
5. "Street lot line" means any lot line abutting a
street.
"Lot of record" means a lot which is part of a
subdivision recorded in the office of the County Recorder,
or a lot or parcel described by metes and bounds which has
been recorded.
"Lot width" means the horizontal distance between
side lot lines, measured at the required front setback line.
"Lower-income household" means a household whose
gross income does not exceed that established by Health and
Safety Code Section 50079.5, as may be amended.
M. "M" Definitions:
"Major renovation," for purposes of Chapter 19. 116,
Conversions of Apartment Projects to Common Interest
Development, means any renoyation for which an
expenditure of more than one thousand dollars was made.
"Major repair," for purposes of Chapter 19.116,
Conversions of Apartment Projects to Cornrnon Interest
Development, means any repair for which m expenditure of
more than one thousand dollars was made.
"Major Transit Stop," for purposes of Chapter 19.56,
Density Bonus, means an existing' site, or a site included in
the regional transportation plan, that contains a rail transit
station, a ferry terminal served by either a bus or rail transit
service, or the intersection of two or more major bus routes
with a frequency of service interyal of 15 minutes or less
during the morning and afternoon peak commute periods. A
housing development is considered to be within one-half
mile of a major transit stop if all parcels within the housing
development have no more than 25 percent of their area
2022 S-90
13 Definitions 19.08.030
farther than one-half mile from the stop and if not more than
10 percent of the units or 100 units, whichever is Iess, in the
housing development are farther than one-half mile from the
stop as set forth in Government Code Section
65915(p)(3)(A), as may be amended.
"Manufacturing" means a use engaged in the
manufacture, predominantly from previously prepared
materials, of finishedproducts or parts, including processing
fabrication, assembly, treatment, packagingofproducts, but
excluding basic industrial processing of extracted or raw
materials, processes utilizing inflammable or explosive
material (i.e., materials which ignite easily under normal
manufacturing conditions), and processes which create
hazardous or commonly recognized offensiye conditions.
"Massage" means any method of pressure on or
friction against or stroking, kneading, rubbing, tapping,
pounding, yibrating or stimulating the external parts of the
human body with the hands or with any mechanicaI or
electrical apparatus or other appliances or devices with or
without such supplementary aides as nibbing alcohol,
liniment, antiseptic, oil, powder, cream, lotion, ointment or
other similar preparations.
"Massage parlor" means a building or portion thereof,
or a place where massage is administered for compensation
or from which a massage business or service for
compensation is operatedwhich is not exempted or regulated
by the Massage Establishment Ordinance as contained in
Title 9, Health and Sanitation of the Cupertino Municipal
Code, Chapter 9.06.
"Maximumallowableresidentialdensity," forpurposes
of Chapter 19.56, Density Bonus, means the maximum
density allowed under the zoning ordinance and land use
element of the general plan. For purposes of that Chapter,
if the maximum density allowed under the zoning ordinance
is inconsistent with the density allowed under the land use
element of the general plan, the general plan density shall
prevail.
"Minor change" means an alteration or modification of
an existing plan, development or project which is
substantially inferior in bulk, degree or importance to the
overall dimension and design of the plan, development or
projec.t with no change proposed for the use of the land in
question, no change proposed in the character of the
structure or stnictures involved, and no variance required.
"Mobilehome" means a vehicle, other than a motor
vehicle, designed or used as semi-permanent housing,
designed for human habitation, for carrying persons and
property on its own stnicture, and for being drawn by a
motor vehicle, and shall include a trailer coach.
"Mobilehome park" means any area or tract of land
where lots are sold, rented, or held out for rent to one or
more owners or users of mobilehomes, excluding
travel-trailers, for the purpose of permanent or
semi-permanent housing.
"Moderate income household" means a household
whose gross income does not exceed that established by
Section 50093 of the Health and Safety Code, as may be
amended.
"Multiple-famiIy use" means the use of a parcel for
three or more dwelling units which may be in the same
building or in separate buildings on the same parcel.
"Muntins" means strips of wood, metal, or other
materials that physically separate and support individual
panes of glass in a window or visually separate a single pane
of glass in a window into different sections.
N. "N" Definitions:
"Natural grade" means the contour of the land prior to
improvements or development, unless otherwise established
by a City approved grading plan that is part of a subdivision
map approval.
"Nightclub" means an establishment providing
alcoholic beverage service and late evening (past eleven
p.m.) entertainment, with or without food service.
0. "O" Definitions:
"Office" means:
1. "Administrative or executive offices" including
those pertaining to the management of office operations or
the direction of enterprise but not including merchandising
or sales services.
2. "Medical office" means a use providing
consultation, diagnosis, therapeutic, preventative or
corrective personal treatment services by doctors, dentists,
medical and dental laboratories, and similar practitioners of
medical and healing arts for humans, licensed for such
practice by the State of California and including services
related to medical research, testing and analysis.
3. "Professionaloffices"suchasthosepertainingto
the practice of the professions and arts including, but not
limited to, accounting, architecture, dentistry, design,
engineering, including associated testing and prototype
development, but excluding product manufacturing and/or
assembly, law and medicine, but not including sale of drugs
or prescriptions except as incidental to the principal uses and
where there is externaI evidence of such incidental use.
4. "Office district," for purposes of the Sign
Ordinance, means those buildings or groups of buildings for
which the permitted uses are professional offices, is within
an OA or OP zone or which are designated for offices on the
general plan.
"Offset" means the indentation or projection of a wall
plane.
" Open" means a space on the ground or on the roof of
a stnicture, uncovered and unenclosed.
"Organizational documents" means the declaration of
restrictions, articles of incorporation, bylaws and any
contracts for the maintenance, management or operation of
aIl or any part of a common interest development.
2022 S-90
19.08.030 Cupertino - Zoning 14
"Outdoor recreation use" means a privately owned or
operated use providing facilities for outdoor recreation
activities, including golf, tennis, swimming, riding or other
outdoor sport or recreation, operated predominantly in the
open, except for accessory or incidental enclosed services or
facilities.
P. "P" Definitions:
"Park" means any open space, reservation,
playground, swimming pool, golf course, recreation center,
or any other area in the City owned or used by the City or
County and devoted to active or passive recreations.
"Parking area" means an unroofed, paved area,
delineated by painted or similar markings, intended and
designed to accotnrnodate one or more vehicles.
"Parking facility" means an area on a lot or within a
building, or both, including one or more parking spaces,
together with driveways, aisles, turning and maneuvering
areas, clearances and similar features, and meeting the
requirements established by this title. Parking facility
includes parking lots, garages and parking stnictures.
1. "Temporaryparkingfacility"meansparkinglots
which are not required under this title and which are
intended as interim improvements of property subject to
removal at a later date.
"Parking space" means an area on a lot or within a
building, used or intended for use for parking a motor
vehicle, having permanent means of access to and from a
public street or alley independently of any other parking
space, and located in a parking facility meeting the
requirements established by this title. Parking space is
equiyalent to the term "parking stall" and does not include
driveways, aisles or other features comprising a parking
facility as previously defined in this chapter.
"Pennant" means any lightweight plastic, fabric, or
other material, whether or not containing a message of any
kind, suspended from a rope, wire, or string, usually in a
series, designed to move in the wind.
"Permit" means a permit issued by the City Council,
Planning Commission, Design Review Cornrnittee, Director
of Community Development, or any other decision body as
empowered by the Cupertino Municipal Code, approving
archjtecLure, site iixiprovements, buildings, structures, land
and/or uses. Permits may include but shall not be limited to
Administrative Approvals, Two-story Permits, Minor
Residential Permits, Architectural and Site Approvals,
Development Permits, Conditional Use Permits, Exceptions,
Variances or Subdivision Maps.
"Person" means an individual, group, partnership,
firm, association, corporation, trust, governmental agency,
governmental official, administrative body, or tribiu'ial or
any other form of business or legal entity.
"Personal fitness training center" means a facility
providing space and equipment, with or without supervision,
for group or individual athletic development, increased skill
development in sports activity, or rehabilitative therapy for
athletic injury.
"Perspective drawing" means a rendering of a
three-dimensional view depicting the height, width, depth,
and position of a proposed stnicture in relation to
surrounding properties and structures when viewed from
street level.
"Picnic area" means a facility providing tables and
cooking devices for preparation and consumption of meals
out of doors or within an unenclosed shelter structure.
"Practice range" means a facility providing controlled
access to fixed or movable objects which are used to test and
measure accuracy of discharge from a weapon.
"Pri'vate educational facility" means a privately owned
school, including schools owned and operated by religious
organizations, offering instruction in the several branches of
learning and study required to be taught in the public schools
by the Education Code of the State of California.
"Private Open Space," for the purposes of Section
19.28.150 and 19.40.090, means an area, excluding the
required front setback, between the structure and the street
property line occupied by active or passive recreation
facilities (e. g., deck, patio, playground equipment, porch,
swimming pool, etc.) provided it is open on at least two
sides and not covered by a roof, patio cover, or canopy.
"Primary residence" means residential real property at
which a person resides a majority of the time, carries on
basic living activities, and the piace he or she usually returns
to, in the event of travel. Evidence, such as motor vehicle
registration, voterregistration, ahomeowner's exemptionon
the property tax bill or other similar documentation, may be
required by the city to determine whether the property is the
primary residence.
"Project improvements" means all public road
improvements, undergrounding utility improvements, and
improvements to the on-site utility networks as required by
the City of Cupertino for a common interest development.
"Projection" means architectural elements, not part of
the main building support, that cantilevers from a single
building wall or roof, involving no supports to the ground
other than the one building wall from which the element
projects.
"Promotional device" mearis any sign, display, fixture,
placard, vehicle or structure that uses color, form, graphic,
symbol, illumination or writing to advertise a special event
or the opening of a new business.
"Property" means real property which includes land,
that which is affixed to the land, and that which is incidental
or appurtenant to the land as defined in Civil Code Sections
658 through 662.
1. Property, Adjoining. "Adjoining property"
means any unit of real property, excluding lands used as
public streets, sharing one or more common points with
another property.
(l
2022 S-90
18A Definitions 19.08.030
including without limitation intellectual disability, cerebral
palsy, epilepsy, and autism; and risk of homelessness, and
housing intended to meet the housing needs of persons
eligible for mental health services funded in whole or in part
by the Mental Health Services Fund, as set forth in
Government Code Section 65915(p)(3%C), as may be
amended.
"Specified anatomical areas" means:
1. Less than completely and opaquely covered
hiunan genitals, pubic region, buttocks and female breast
below a point immediately above the top of the areola; and
2. Humanmalegenitalsinadiscerniblyturgidstate,
even if completely and opaquely covered.
"Specified sexual activities" means:
1. Human genitals in a state of sexual stimulation or
arousal;
2. Acts of human masffirbation, sexual intercourse
or sodomy;
3. Fondling or other erotic touching of human
genitals, pubic region, buttocks or female breast.
"Story" means that portion of a building, excluding a
basemem, between the surface of any floor and the surface
of the next floor above it, or if there is no floor above it,
then the space between the floor and the ceiling next above
rt.
"Street" means a public or private thoroughfare the
design of which has been approved by the City which
affords the principal means of access to abutting property,
including avenue, place, way, drive, lane, boulevard,
highway, road, and any other thoroughfare except an alley
as defined in this chapter.
1. Street, Public. "Public street" means all streets,
highways, lanes, places, avenues and portions and including
extensions in the length and width, which have been
dedicated by the owners to public use, acquired for public
use, or in which a public easement for roadway purposes
exists.
"Street Frontage," for purposes of Chapter 19.28,
meai'is the length of the curb (or if a curb is absent, the
length of the portion of the street paved with asphalt or
similar material designed for automobile traffic) parallel and
closest tO a property's frontlot line.
"Structure" means that which is built or constructed,
an edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in
some definite manner.
1. Structure, Recreational. "Recreational structure"
means any affixed accessory structure or portion, which
functions for play, recreation or exercise (e.g., pool slides,
playhouses, tree houses, swings, climbing apparatus,
gazebos, decks, patios, hot tubs and pools) but does not
include portable play structures, such as swings or climbing
apparatus.
"Stnicturally attached" means any structure or
accessory structure or portion thereof, which is substantially
attached or connected by a roof stnicture or similar physical
attachment.
"Substantially enclosed" means an area that is covered
by a roof or ceiling that is not more than 50% open to the
sky/elements and is surrounded by solid barriers that are at
least six inches tall on three or more sides. Solid barriers do
not include open railings that are no taller than 42 inches,
decorative arches, or trellises. Railings and trellises shall
have a visual transparency of more than 50%.
"Supportive housing" (per Government Code Section
65582(f), as may be amended) means housing with no limit
on length of stay, that is occupied by the target population,
and that is linked to onsite or offsite services that assist the
supportiye housing resident in retaining the housing,
improving his or her health status, and maximizing his or
her ability to live and, when possible, work in the
community.
2022 S-90
19.08.030 Cupertino - Zoning 18B
(11
2022 S-86
19 Definitions 19.08.030
T. "T" Definitions:
"Target population" (per CA Government Code
65582(g), as may be amended) means persons with low
incomes having one or more disabilities, including mental
illness, HIV or AIDS, substance abuse, or other chronic
health conditions, or individuals eligible for services
provided under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (comrnencing with Section 4500)
of the Welfare and Institutions Code).
"Tenant" means anyperson, legaIl entity, or association
of individuals that is a lessee of real property, as
documented by a rental agreement, whether in writing or
otherwise.
"Transient" means any iodi;iidual who exercises
occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license or other
agreement for a period of thirty consecutive calendar days
or less, counting portions of calendar days as full days, and
including any individual who actually physically occupies
the premises, by permission of any other person entitled to
occupancy.
"Transitional housing" (per CA Governiyent Code
65582(h), as may be amended) means buildings configured
as rental housing developments, but operated under program
requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program
recipient at some predetermined future point in time, which
shall be no less than six months from beginning of
assistance.
"Trim" means the molding, battens, cappings, nailing
strips, lattice and platforms which are attached to a sign.
U. "U" Definitions:
"Unobstnicted Access," for purposes of Chapter
19.56, Density Bonus, means access to a location if a
resident is able to access the location without encountering
natural or constructed impediments, as set forth in
GovernmentCodeSection65915(p)(2), asmaybeamended.
"Uplighting" means the placement and orientation of
light fixtures such that light rays are directed upward.
"Use" means the conduct of an activity, or the
performance of a function or operation, on a parcel or in a
1)piidirlg ril facility,
1. "Accessory use" mearis a use which is incidental
to and customarily associated with a specified principal use.
2. "Conditional use" means a use listed by the
regulations of any particular district as a conditional use
within that district, and allowable solely on a discretionary
or conditional basis, subject to issuance of a conditional use
permit, and to all other regulations established bv this title.
3. "Nonconforrning use" means a use whieh is not
a permitted use or conditional use authorized within the
district in which it is located, but which was lawfully
existing on October 10, 1955; or the date of any
amendments thereto, or the application of any district to the
property involved, by reason of which adoption or
application the use became nonconforming.
4. "Permitted use" means a use listed by the
regulations of any particular district as a permitted use
within that district, and permitted therein as a matter of right
when conducted in accord with the regulations established
by this title.
5. "Principal use" means a use which fulfills a
primary function of a household, establishment, institution,
or other entity.
"Useable rear yard" means that area bounded by ffie
rear lot line(s) and the rear building line extended to the side
lot lines. The side yard adjacent to a proposed minor
addition (e.g., addition equaling ten percent or less of the
principal structure) may be included in calculation of usable
rear yard area.
V. 'M' Definitions:
"Variance application" means an application for which
m exception process is not identified in the Municipal Code.
"Vehicle" means any boat, bus, trailer, motor home,
van, camper (whether or not attached to a pickup tnick or
other vehicle), mobilehome, motorcycle, automobile, truck,
pickup, airplane, boat trailer, truck tractor, truck trailer,
utility trailer or recreational vehicle, or parts, or any device
by which any person or property may be propelled, moved
or drawn upon a public street, excepting a device moved
exclusively by human power.
I. Vehicle, Commercial. "Cornrnercial vehicle"
means a vehicle of a type required to be registered under the
California Vehicle Code used or maintained for the
transportationofpersonsforhire, compensation, orprofitor
designed, used, or maintained primarily for ffie
transportation of goods.
2. Vehicle, Recreation. "RecreationvehicIe" means
a vehicle towed or self-propelled on its own chassis or
attached to the chassis of another vehicle and designed or
used for temporary dwelling, recreational or sporting
purposes. The term recreation vehicle includes, but is not
limited to, trailers, motor coach ha-uieSi converted trucks
and buses, and boats and boat trailers.
"Very low income household" means a household
whose gross income does not exceed that established by
Health and Safety Code Section 50105, as may be amended.
2022 S-86
19.08.030 Cupertino - Zoning
"Visual privacy intrusion" means uninterrupted visual
access from a residential dwelling or structure into the
interior or exterior areas of adjacent residential structures,
which area is either completely or partially private, designed
for the sole use of the occupant, and/or which serves to
fulfill the interior and/or exterior privacy needs of the
impacted residence or residences.
W. "W" Definitions:
"Watercourse", for purposes of Chapter 19.102, Glass
and Lighting Standards, means any natural or artificial
arroyo, canal, channel, natural conduit, creek, culvert,
ditch, gully, lake, ravine river, stream, waterway, or wash
or other topographic feature on or over which waters flow
at least periodically and adjacent areas in which substantial
flood damage may occur from oyerflow or inundation.
X. "X" Definitions:
None.
Y. "Y" Definitions:
"Yard" means an area within a lot, adjoining a lot line,
and measured horizontally, and perpendicular to the lot line
for a specified distance, open and unobstnicted except for
activities and facilities allowed therein by this title.
1. "Front yard" means a yard measured into a lot
from the front lot line, extending the full width of the lot
between t)t'ie side lot Lines intersecting the front lot line.
2. "Rear yard" means a yard measured into a lot
from the rear lot line, extending between the side yards;
provided that for lots having no defined rear lot line, the
rear yard shall be measured into the lot from the rearmost
point of the lot depth to a line parallel to the front lot line.
3. "Side yard" means a yard measured into a lot
from a side lot line, extending between the front yard and
rear lot line.
Z. "Z" Definitions:
None. (Ord. 22-2246, !) III (part), 2m2; Ord.
22-2238, § 3.2, 2022; Ord. 21-2235, Fy 3.2, 2021; Ord.
21-2225, Att. A (§ 2), 2021 ; Ord. 20-2200, § 5, 2020; Ord.
20-2199, §§ 1- 3, 2020; Ord. 17-2470, § 1, 2017; Ord.
17-2169, S, 2, 2017; Ord. 17-2165, 8, 2, 2017; Ord.
16-2157, §§ 1, 2, 2016; Ord. 16-2159, (i§ 1-4, 2016; Ord.
16-2149, e, 3, 2016; Ord. 16-2140, §§ 1-5, 2016; Ord.
14-2125, 8, 3 (part), 2014; Ord. 2085, § 2 (part), 2011 ; Ord.
11-2074, (part), 2011; Ord. 2056, (part), 2010; Ord. 1894,
§ 1, 2002; Ord. 1891, (part), 2002; Or(i. 1863, (part), 2000;
Ord. 1809, 2000; Ord. I784, (part), I998; Ord. 1725,
(part), 1996; Ord. 1688, Ffi 3 (part), 1995; Ord. 1657, (part),
1994; Ord. 1654, 1994; Ord. 1637, (part), 1993; Ord.
1635, (part), 1993; Ord. 1618, (part), 1993; Ord. 1607, § 1,
1992; Ord. 1601, Exh. A (part), 1992)
i'l
2022 S-90
Tab'.e 19.12.030 - Approyal Authority (Con"..)
Type of Permjt
or Decision ' "
Administrative
Review
Design
Review
Committee
Arts and
Culture
Commission
Planning
Commission
City
Council
I Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius o
Posted Site
Notice lExDpairtaetEion
I
Chapter/
Findings
R-1 0rdinance Permi_s
Two-story'F F F/A'AlL /A2 Varies '
19.12.110/
Adjacent
'.t'es 1 year 19.28.140
MiH@y
Residential
F Al Aa CP ]"JO I year
Exceptions'F A"PM Yes 1 year
Miscellaneous
Ministerial
Permit
F None Adjacent Yes 1 year 1 9_28. 150 and
19.40.090
Miscellaneous
Ministerial
Permit
Not Allowed
Protected Trees
Tree Removal F Al A2 CP Adjacent
unless exempt
Yes 1 year 14.18.180
Heritage Tree
Designation &
Removal
F Al PM 19.12.110/
300'
Yes 14.18
Tree
Management
Plan
F At A2 None No 14.18
Retroactive Tree
Removal
F Al ,'l None I'JO 14.18
Reasonable
Accommodation
F At Aa None No 1 year 19.52.050
C/I
(D
0
Taba.e 19.12.030 - Approval Authority (Con"..)
Type of Permit
or Decision "
Administrative
Review
Design
Review
Committee
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period c
Noticing/
Noticing
Radius o
Posted Site
Notice
Expiration
EDate
Chapter/
Findings
Extensions '
Parking, Fence
& Sign
Exceptions &
Front Yard
Interpretations
F Al A2 None No l year
Neon, Reader
board & Freeway
Oriented Signs
F Al A2 None No I year
Two Story
Permits, Minor
Residential
Permits and
Bxceptions
F At A2 None No 1 year
Tree Removals F Al A2 No 1 year
All other projects F At A2 19.12.110/
None
No 2 years
o
Table 19.12.030 - A pproval Authority (Con"..)
Type of Permit
or Decision ' "
Administrative
Review
Design
Review
Committee
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period '
Noticing/
Noticing
Radius D
Posiked Site
Notice
Expiration
Date '
Chapter/
Findings
Extensions (Cont'd) '
Miscellaneous
Ministerial
Permit
Not Allowed
Public Art F Al PM None None None 2.80 and 19.148
Art inlieu payment R F PM None None None 2.80 and 19.148
KEY:
R-Review and recommendation body F-Final decision-making body unless appealed
A'-Appeal Body on first appeal A2-Appeal body on second appeal
PH-Public Hearing PM-Public Meeting
CP-Comment Period
C/I
19.12.030 Cupertino - Zoning 26B
l,,,IS
i
li
27 Administration 19.12.030
Notes :
A. Permits can be processed concurrently with other
applications, at the discretion of the Director of
Community Development.
B. Projects with combined applications shall be processed
at the highest level of approval in conformance with
Section 19.04.'090.
C. Public Hearing: Projects types that need noticing
pursuant to the CA Government Code; Public Meeting:
Project types that need only a mailed notice and no
newspapernotices; CornmentPeriod: Projecttypesthat
need only a mailed notice and do not need a public
hearing or public meeting.
D. Noticing Radius of an application in a combined
application shall correspond to the maximum noticing
radius required for any one of the applications.
E. Expiration date of an application in a combined
application shall correspond to the maximum
expiration date allowed for any one of the development
applications (not including Subdivision Map Act
applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use
Permit, Development Permit application - for more
than ten thousand square feet of commercial and/or
industrial and/or office and/or other non-residential
use, or greater than six residential units.
G. Minor General Plan Amendment, Conditional Use
Permit, Development Permit application - for ten
thousand square feet or less of cornrnercial and/or
industrial and/or office and/or other non-residential
use, or six or less residential units.
H. City Council review for applications with new
development greater than fifty thousand square feet of
commercial, and/or greater than one hundred thousand
square feet of industrial and/or office and/or other
non-residentialuse, and/orgreaterthanfiftyresidential
units.
Planniiig Commissionreview for all other applications.
I. Please see specific zoning district regulations or
chapters in this title that apply to the subject property
or project for approval authority,
J. Major Architectural and Site Approval application -
architectural and site approval for all projects that are
not a Minor Architectural and Site Approval
application.
K. Minor Architectural and Site Approval application -
single family home in a planned development zoning
distric.t, minor building architectural modifications,
landscaping, signs and lighting for new development,
redevelopment or modification in such zones where
review is required and minor modifications of duplex
and multi-family buildings.
L. Meeting type and noticing are dependent on the
underlying permit being modified.
M. Appeals of Design Review Committee decisions shall
be heard by the City Council.
N. Parking Exceptions approved by the Director of
Community Development need a comment period.
Parking Exceptions approved by the Design Review
Committee need a public meeting.
0, Parking Exceptions in Single-family residential (Rl)
zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three
hundred feet of the exterior boundary of the subject
property.
P. Application must be filed prior to expiration date of
permit. Permit is extended until decision of the
Approval Body on the extension.
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, §§ 3.3-3.4,
2022; Ord. 21-2235, §§ 3.3-3.4, 2021; Ord. 19-2187, FB 3
(part), 2019, Ord. 18-2177, 8, 3 (part), 2018; Ord. 18-2175,
§ I (part), 2018; Ord. 17-2165, F3 3, 2017; Ord. 17-2162,
§ 1, 2017; Ord. 14-2125, 8) 4 (part), 2014; Ord. 2085, 83 2
(part), 2011)
19.12.040 Authority of the Director of Community
Development.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the Director
of Community Development is as follows:
A, Grant any permits which are authorized to be
issued by the Director pursuant to Section 19.12.030 and
any other provisions of this code;
B. Grant parking exceptions for projects that are
reviewed in conjunction with permits which are authorized
to be issued by the Director of Community Development
pursuant to Section 19. 12.030;
C. Grant a variance from site development
regulations and parking and loading regulations (except
those handicapped parking regulations mandated by State
Iaw) applicable within any zoning district established by this
title;
D. Grant a variance from the special conditions of
approval that apply to site deveIopment and parking and
loading regulations (including conditions attached to planned
developments) applicable within any zoning district
established by this title.
E. Grant a request for reasonable accommcdatiori
made by any person with a disability, when the strict
application of the provisions within residential districts acts
as a barrier to fair housing opportunities, pursuant to
Chapter 19.52.
F. Makereasonableinterpretationsoftheregulations
and provisions of this title, and any chapter therein,
consistent with the legislative intent. Persons aggrieved by
an interpretationof the Director of Cornrnunity Development
may petition the Planning Commission in writing for review
of the interpretation.
2022 S-90
19.12,040 Cupertino - Zoning 28
G. May refer an application to another Approval
Body for review, decision or recommendation.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.12.050 Authority of the Design Review
Committee.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the Design
Review Committee is as follows:
A. Grant any permits and exceptions which are
authorized to be issued by the Design Review Cornrnittee
pursuant to Section 19. 12. 030 and any other provisions of
this cede;
B. Grant parking exceptions for projects that are in
conjunction with permits which are authorized to be issued
by the Design Review Cornrnittee pursuant to Section
19. 12.030.
(Ord. 14-2125, F§ 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
i9.i2.060 Authority of tlie Planning Comtnission.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the Planning
Commission is as follows:
A. Grant any permits which are authorized to be
issued by the Planning Commission pursuant to Section
19. 12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are in
conjunction with permits which are authorized to be issued
by the Planning Commission pursuant to Section 19. 12.030;
C. Make recommendations to the City Council on
applications in which it is a recommending body; and
D. Decide on appeals of decisions pursuant to
Section 19. 12.030.
(Ord. 14-2125, F§ 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.12.070 Authority of the City Council.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the City
(:nuneil is pS ft)110WS:
A. Grant any permits which are authorized to be
issued by the City Council pursuant to Section 19.12.030
and any other provisions of the code;
B. Decide on appeals of decisions pursuant to
Section 19. 12.030.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, 8, 2 (part),
2011)
19,12,080 Application Process.
Unless otherwise specified in this title, all
applications for permits, permit modifications, amendments
and other matters pertaining to this Chapter shall be filed
with the Director of Cornrnunity Development with the
following:
A. An application for permit may be made by the
owner of record, his or her agent, lessee(s) of property, or
person(s) who have contracted to purchase or lease property
contingent upon their ability to 'acquire the necessary permit
under this title and who have written authorization from the
property owner to make an application.
B. Application shall be made on a form provided by
the City, and shall contain the following, unless waived by
the Director of Community Development based onthe scope
of the proposed project:
1. A complete legal description of the subject
property and map showing the location of the property for
which the permit is sought;
2. Aprelirninarytitlereportofthesubjectproperty;
3. The proposed site development plan indicating:
the location of all buildings and structures; the location and
types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architechiral drawiings of the proposed
development, building additions or other structures.
Drawings shall indicate building height, colors, materials,
window treatment and other architectural features;
5 , Maps showing the locations of buildings;
6 . Renderings showing building heights and square
footages;
7. Maps showing the precise location of roads,
streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan,
10. Any property/development with a Homeowner's
Association (HOA) or Architectural Review Board (ARB)
shall provide a letter of approval from said HOA Board or
ARB.
11. The Director of Community Development may
reasonably require additional information which is pertinent
and essential to the application.
12. Zoning Map or Text Amendments shall also
include information required per Chapter 19. 152.
a. Zoning applications for Planned Development
Zoning Districts shall aIso include information required per
Section 19.80.040;
b. Zoning applications for Multi-Family (R3)
Residential shall also include information required per
Section 19.36.040; and
c. Zoning applications for Residential Single-family
Cluster (RIC) initiated by a property owner, or his or her
designee, shall also include items identified in Section
19.44.050H.
13. Planned Development Permit and Development
Permit applications shall also include information required
per Section 19. 156.010.
f'
2017 S-62
31 Administration 19.12.110
G. Miscellaneous Ministerial Permit: For projects
requiring notice of a Miscellaneous Ministerial Permit,
notice shall be mailed in accord with subsection
19. 12. 110A(4) andpostedontheproperty, fourteencalendar
days prior to the date of action on the application.
(Ord. 22-2246, 8, III (part), 2022; Ord. 22-2238, §§ 3.5-3.6,
2022; Ord. 21-2235, % 3.5-3.6, 2021; Ord. 17-2165, § 6,
2017; Ord. 17-2162, § 4, 2017; Ord. 14-2125, § 4 (part),
2014; Ord. 2085, § 2 (part), 2011)
19.12.120 Action by Director of Community
Development-Adtninistrative.
A. For applications requiring Administrative review
with no public meeting, public hearing or cornrnent period,
the Director of Community Development or his or her
designee may, subject to the requirements of Section
19. 12. 100, issue his or her decision no later thart thirty days
from receipt of all information, unless referred to a different
approval authority for a decision.
B. For applications requiring Administrative review
with a public meeting, public hearing or comment period,
(he Director of Con'in'iunity Development or his or her
designee may, subject to the requirements of Section
19. 12. 100:
1. Issue his or her decision at the conclusion of the
public meeting, public hearing or comment period;
2. Continue the item for additional public hearings,
public meetings or comment period; or
3. Deferactionbytakingtheitemunderadvisement
and issuing the decision no later than thirty days following
the pubIic meeting, pubIic hearing or comment period.
No additional noticing is required if a project is
continued.
C. Forapplicationswhereapublicmeetingorpublic
hearing is required to be held before the Director of
Cornrnunity Development, the meeting shall be held in the
same manner as a Design Review Committee meeting.
(Ord. 20-2200, 8, 7, 2020; Ord. 14-2125, § 4 (part), 2014;
Ord. 2085, § 2 (part), 2011)
19.12.130 Action by Design Review Committee
and Planning Cotnmission.
A. For applications where the Design Review
Committee or Planning Commission is the Approval Body,
it shall render a decision, which is supported by the evidence
contained in the application or presented at the meeting, at
the meeting, or at a subsequent meeting after conclusion of
the public hearing or public meeting, subject to the
requirements of Section 19. 12. 100.
B. For zoning map amendments, on the basis of
evidence and testimony presented to the Planning
Cornrnission at the public hearing, the Planning Commission
may determine that the public interest will be served, either
by revising the area being considered for reclassification to
include properties not originally part of the application, or
by giving consideration to district classifications not
originally requested by the application. The Planning
Cornrnission may, solely at its option, consider additional
properties or district classifications, or both.
C. For applications requiring City Council approval,
the reviewing body shall forward its written findings,
determinations and recommendation to the City Council for
final action, subject to the requirements of Section
19.12. 100.
(Ord. 14-2125, F:3 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.12.140 Action by City Council.
A. Upon receipt of a recommendation of the
reviewing body, the City Council may by resolution
approve, modify, or disapprove the recommendation of the
reviewing body, subject to the requirements of Section
19. 12. 100.
B, Upon final approval of a zoning or prezoning
application, the City Council shall enact an ordinance zoning
or prezoning the subject property or properties,
incorporating within the ordinance:
1. A Conceptual development plan, if required, and
2. Conditions of approval.
C. For a Development Agreement, the City Council
shall enact an ordinance that shall refer to and incorporate
the text of the Development Agrcement by reference.
D. For applications requiring Ciry Council approval,
the City Council shall issue its decision at the conclusion of
the public hearing or public meeting.
(Ord. 14-2125, (§ 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.12.150 Notice of Decision and Reports.
A. Notice of decision:
1. The decision for applications approved with a
public meeting or public hearing shall be mailed to the
property owner and applicant at the address shown on the
application.
2. The decision for applications approved with a
comment period shall be mailed to the property owner and
the applicant at the address shown on the application and any
person who has cornrnentea on the proposed project within
the cornrnent period or during revocation proceedings.
3. The decision shall contain the following:
a. Applicable findings;
b. Any reasonable conditions or restrictions deemed
necessary to secure the purpose of this title and to assure
operation of the development and/or use in a manner
compatible with existing and potential uses on adjoining
properties and in the general vicinity; and
2022 S-90
19.12.150 Cupertino - Zoning 32
c. Reporting/monitoring requirements deemed
necessary to mitigate any impacts and protect the health,
safety and welfare of the City.
4. The decision of the Director of Community
Development, Design Review Committee or Planning
Commission shall be final unless appealed in accord with
Section 19. 12. 170. A decision of the City Council shall be
final.
B. Reports: The Director of Community
Development shall endeavor to forward reports, within five
calendar days from the date of the decision, to the:
1. Planning Commission and the City Council of a
decision by the Director of Community Development.
2. Planning Commission and the City Council of a
decision by the Design Review Committee.
3. City Council of a decision by the Planning
Commission.
(Ord. 20-2200, €3 8, 2020; Ord. 14-2125, § 4 (part), 2014;
Ord. 2085, 8) 2 (part), 2011)
19.12.160 Effective Date.
A. A perrriit approved by the City Council shall take
effect ten days following the date that the findings are
adopted.
B. Specific Plans, General Plan Amendments
Zoning Ordinance/Map Amenents, and Development
Agreements shall become effective thirty days following the
final date of action (e.g., adoption) by the City Council.
C. All other permits shall take effect fourteen
calendar days following the date that the findings are
adopted by the appropriate Approval Body, unless an appeal
is filed as provided in Section 19. 12. 170.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, F3 2 (part),
2011)
19.12.170 Appeals.
A. An appeal may be filed by any person, firm or
corporation aggrieved or affected by any grant, denial,
modification or revocation of any permit, or any
determination or interpretation related to any provision of
this title. No appeal of a Miscellaneous Ministerial Permit
shall be allowed.
B. Filing:
1. An appea} shaIl be in writing on forms prescribed
by the City and shall be filed during regular office hours
with the City Clerk within fourteen calendar days after the
City decision or if a notice of decision is not required, from
the date of the decision or determination, under this title.
An appeal not filed within such time shall be barred. The
appeal shall state the grounds and basis thereof.
2. Appeals under this chapter are subject to an
appeal fee as prescribed by resolution of the City Council.
C. Noticing: Notice of hearing shall be given in the
same manner in which the original notice was given. If a
project with no noticing is appealed, appropriate noticing
shall be determined by the Director of Cornrnunity
Development.
D. Appeal hearing body shall be determined in
accord with Section 19.12.030.
E. Decisionoftheappealhearingbody:Thedecision
or determination of the appeal hearing body on any appeal
shall be final and effective immediately.
F. Notice of Decision: Notice of the appeal hearing
body's decision shall be mailed to the original applicant, to
the person filing the appeal, and to any other person who has
filed a written request with the City Clerk.
(Ord. 22-2246, § I!I (part), 2022; Ord. 22-2238, FS, 3.7,
2022; Ord. 21-2235, § 3.7, 2021: Ord. 14-2125, § 4 (part),
2014; Ord. 2085, § 2 (part), 2011)
19.12.180 Expiration, Extension, Violation and
Revocation.
A. Expiration.
1. Approval on a permit or variance shall become
null and void and of no effect, within the time frame
specified in Section 19. 12.030 following its issuance, unless
a shorter or longer time period is specifically prescribed in
the conditions of permit or variance or the Section of the
Municipal Code pursuant to which the permit or variance is
issued, unless:
a. A building permit is filed and accepted by the
City (fees paid and control number issued.) In the event that
a building permit expires for any reason, the permit shall
b ecome null and void.
b. A permit or variance shall be deemed "vested"
when actual substantial and continuous activity has taken
place upon the land subject to the permit or variance or, in
the event of the erection or modification of a strucffire or
structures, uihen sufficient building activity has occurred and
continues to occur in a diligent manner.
2. Notwithstanding subsection I of this section, if
the use for wich a conditional use permit was granted and
utilized has ceased or has been suspended for one year or
more, the permit becomes null and void.
3. Unless a variance or exception has expired
pursuant to subsection 1 of this section, it shall continue to
exist for the Iife of the existing structure or such stnicture as
may be constructed pursuant to the approval, umess a
different time period is specified in its issuance. A variance
or exception from the parking and loading regulations, and
a sign exception shall be valid only during the period of
continuous operations of the use and/or structure for which
the variance or exception was issued.
B. Extensions. A permit or variance may, in accord
with Section 19. 12.030, Approval Authority, be extended
for the time frame specified in Section 19.L!.030, upon
timely submittal of an application with the Director of
Community Development prior to expiration.
(l
2022 S-90
19.28.010
CHAPTER 19.28: SmGLE-FAMILY RESIDENTIAL (R-l) ZONES
Section
19.28.010
19.28.020
19.28.030
19.28.040
19.28.050
19.28.060
19.28.070
19.28.080
19.28.090
19.28. 100
19.28.110
19.28. 120
19.28. 130
19.28. 140
19.28. 150
Purposes.
Applicability of regulations.
Permitted, conditional and excluded
uses.
Permits required for deyelopment.
Zoning districts established.
Site development regulations.
Building development regulations.
Eichler (Rl-e) building design
requirements.
Development regulations-(Rl-a).
Permitted yard encroachments.
Single-family residential design
guidelines and principles.
Landscape requirements.
Exceptions.
Findings.
Ministerial approval of up to two
UNITS.
19.28.010 Purposes.
R-l single-family residence districts are intended to
create, preserve and enhance areas suitable for detached
dwellings in order to:
A. Enhancetheidentityofresidentialneighborhoods;
B. Ensure provision of light, air and a reasonable
level of privacy to individual residential parcels;
C. Ensureareasonablelevelofcompatibilityuxscale
of structures within residential neighborhoods; and
D. Reinforcethepredominantlylow-intensitysetting
in the community. (Ord. 2085, S, 2 (part), 2011 ; Ord. 2079,
(part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part),
2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000;
Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
19.28.020 Applicabiiity of Regulations
A. No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlarged in an R-1 single-family
residence district other than in conformance with the
provisions of this chapter and other applicable provisions of
this title.
B. Reasonable Accommodation: Notwithstanding
19.28.020(A) above, a request for reasonable
accommodation may be made by any person with a
disability, when the strict application of the provisions in
this chapter, act as a barrier to fair housing opportunities,
pursuant to Chapter 19.52. (Ord. 2085, § 2 (part), 2011;
Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord.
1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834,
(part), 1999; Ord. 1601, Exh. A (part), 1992)
19,28,030 Permitted, Conditional and Excluded
Uses.
Permitted, Conditional and Excluded Uses that may be
conducted from property zoned Single Family Residential
(R-1), are identified in Section 19.20.020. (Ord. 2085, § 2
(part), 2011; Ord. 2079, (part), 2011)
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits
required for development in the Single-Family Residential
district.
[Table 19.28.040 begins on next page.]
2022 S-86 47
Table 19.28.040 Permits Required
Planning permit required prior
to building permit application
Approval
authority
Type of Project
A. None Admin.One-story single-family project that does not require exception or variance from the
requirements of this chapter
B. Minor Residential Penrtit,
piu'suant to Chapter 19. 12,
Administration
1. One-story encroachment into a required rear yard setback, subject to requirements of
Section 19.28.070
2. One-story extension of an existing side yard nonconfonning building wall line, subject
to requirements of Section 19.28. 100 in all districts except Rl-a
3. One-story project with a gable end of a roof enclosing an attic space projecting outside
the building envelope, subject to requirements of Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony with views into neighboring residential
side or rear yards in all districts except Rl-a or on any project previously developed
pursuant to Government Code Section 65852.21
5. Any active or passive solar structure that requires variation from the setback or height
restrictions of this chapter, provided that no such structure shall infringe upon solar
easements or adjoining property owners
6. One or two-story addition or new home on a sloped single-family residential lot with
development on building pads/graded areas with actual slopes equal to or greater than
20% and with total floor area ratio of all structures on the lot greater than 35%
C. Director's Minor Modification,
pursuant to Chapter 19.12,
Administration
Encroachment of porch elements into the required front yard setback in the Rl-a zone,
subject to the requirements of Section 19.28. 100
D. Two-Story Permit, pursuant to
Chapter 19.12, Administration
Two-story addition or new two-story home in all districts that do not require Residential
Design Review per Section 19.28.040(I) except in an Rl-a zone
(/l
'.0
0
l.-',
0
Table 19.28.040 Permits Required (Cont.)
E. Residential Design Review,
pursuant to Chapter 19. 12,
Ainistration
Admin_
with
design
review
Two-story addition or new two-story home in all districts except Rl-a where:
1. Second floor to first floor area ratio is greater than 66 %, except any second to first
floor ratio for development on building pads/graded areas with actual slopes equal to or
greater than 20% ; and/or
2. Where second story side yard setback(s) are less than 15 feet to any interior side
property line
DRC with
design
review
Two-story addition, new two-story home, and/or second story deck in the Rl-a zone
F. Exception, pursuant to Chapter
19. 12, Administration &
Section 19.28.130, Exceptions
DRC One or two-story project requesting an exception from Sections 19.28.070 [Development
Regulations (Building)], 19.28.080 [Eiclxler Rl-e Building Di:sign Requirements', and/or
19.28. 110 [Landscape Requirements].
G. Hillside Exception, pursuant to
Chapter 19. 12, Administration
PC Development (area greater than 500 square feet) on slopes greater than 30%
H. Architectural and Site
Approval, pursuant to Chapter
19. 12, Adrniistration
One or two-story addition or new home on a sloped single-fatnily residential lot with
development on building pads/graded areas with actual slopes equal to or greater than 20%
and wliere the cut plus fill of the site exceeds 2,500 cubic yai:ds
I_ Conditional Use Permit,
pursuant to Chapter 19. 12,
Administratioxi
Two-story additiori or new two-story liome in an Rl zoning district with an "i" suffix
J. Single-Story Overlay Distict
Application, pursuant to
Chapter 19.12, Administration
CC Establishment or removal of a Single-Story Overlay District in a Single Family Residential
District (Addition or removal of the 'T' suffix in an Rl zoning district)
K. Miscellaneous Ministerial
Permit
I
Adrnin
I
1. New one or two-story duplex project in an Rl zoning district pursuant to Government,
Code Section 65852.21
2. New one or two-story single-family home, secondary principal dwelling unit, or
two-story addition in an Rl zoning district pursuant to Governmem Code Section
65852.21
S
o
!:I
(l)
(Ord. 22-2246, § IU (part), 2022; 'Ord. 21-2235, § 3.8, 2021; Ord. 22-2238, § 3.8, 2022; Ord. 17-2162, § 6, 2017; 'Ord. 2085, § 2 (part), 2011; Ord. 2079,
(part), 2011)
19.28.050 Cupertino - Zoning 50
19.28.050 Zoning Districts Established,
A. Table 19.28.050 sets forth the zoning districts
established.
property owners of record within the proposed or existing
Single-Story Overlay District (each developable lot of record
shall have one (1) signature). The petition shall contain
information about the proposal including, but not be limited
to, the following:
Map pursuant to Section 19.28.050(B)(1);
Property Addresses;
c. Property Owner Name(s) and Original
Signature(s);
d. Applicant Contact Information.
(Ord. 17-2162, § 7, 2017; Ord. 2085, § 2 (part), 2011; Ord.
2079, (part), 2011)
Zoning Designation Zoning Definition
Rl-X Single Family Residential
District - Minimum lot area
corresponds to the number (X),
multiplied by 1,000 square feet
Rl-Xi Residential Single Family
Single-Story Overlay District to
limit homes to One Story (not
to exceed 18 feet high) -
[minirnum lot area corresponds
to the number (X), multiplied
by 1,000 square feet preceding
the 'i' symbol]. May be
combined with all Rl zoning
designations.
Rl-6e Single Family Residential
Eichler District (6,000
minimum lot area)
Rl-a Single Family Residential
District with Semi-Rural
Characteristics (10,000 square
foot minimum lot area)
19.28.060 SiteDevelopmentRegulations.
Table 19.28.060 sets forth the ruIes and regulations for
site development in the Single-Family Residential District.
[Table 19.28.060 begins on next page.]
B. Establishment or Removal of an existing
Single-Story O'verlay District (Rl-Xi): In addition to the
applicationrequirements identifiedin Section 19. 12.080, the
applicant shall submit the following:
1. Map delineating proposed boundaries for the
SingIe-Story Overlay District, or removal thereof,
corresponding to natural or man-made features (including,
but not limited to, streets, waterways, zoning boundaries
and similar features,) which would result in the
establishment of an identifiable neighborhood, that includes
one (1) or more entire city block(s), or one (1) or more
entire subdivision tract(s), or street face(s) opposite of one
another within a block;
2. Evidence, to the satisfaction of the City, for an
establislunent of a Single-Story Overlay, that a minimum of
seventy-five (75) percent of the homes within the proposea
Single-Story Overlay District are single-story;
3, A written statement setting forth the reasons for
the application and all facts relied upon by the applicant in
support thereof;
4. Original application petition signed, at a
minimum, by sixty-six and two-thirds (66-2/3) percent of the 1, 4,
2017 S-61
Table 19.28.060 Site Development Regulations
Rl-5 Rl-6, 7.5, 8, 10, 20, etc., and Rl-6e Rl-a
A. Minimum net lot area'i. 5,000 square feet ii. the number multiplied by 1,000
square feet
iii. 10,000 square feet
iv. For lots created under the provisions of Government Code Section 64411.7, each of the resulting lots shall have a
lot area of at least 40% of the original lot being subdivided, with no lot" less than 1,200 square feet.
B. Minimum lot width (at the
front setback line)
i. 50 feet ii. 60 feet iii. 75 feet
iv. For lots created pursuant to the provisions of Government Code Section 64411.7:
a. No more than two new, non-curved property lines may be added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii) more
than 75 feet of street frontage and a lot depth of up to 145 feet shall result in lots with existing street frontage
of the lot being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked
parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than
145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side-by-side orientation and shall not create a landlocked parcel; or
ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot
shall span the entire distance between the two side property lines that intersect with the front property
line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less thai:i 60 feet of street frontage shall result in one flag lot with
access to the street. The buildable area of the flag lot shall span the entire distance between the two side
property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the existing front
lot line must be the front lot line of the future lots and the existing rear lot line shall be the rear lot line of the
fumre lots) and that are between 40-60% of the lot width of the lot being subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one
front lot line on that frontage.
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Table 19.28.060 Site Development Regulations (Cont.)
Rl-5 Rl-6, 7.5, 8, 10, 20, etc., and Rl-6e
C. Landscaping i. See Chapter 14_ 15, Landscape Ordinance
ii. At least 50% of the front yard of any project approved pursuant to
Chapter 19.28. 150 shall be occupied by non-hardscape landscaping.
iii. Landscaping plans are required for all
additions or new homes. The purpose
of the landscaping is to beautify the
property and to achieve partial
screening of building forms from the
street and adjacent properties.
Generally, the landscaping may include
shrubbery, hedges, trees, or lattice
with vines on fences.
iv. At least 50% of the front yard of any
project approved pursuant to Chapter
19.28.150 shall be occupied by
non-hardscape landscaping.
D. Development proposed on building pads/graded area with slopes equal to or greater than 20%
1. Total site grading (cut plus
fill)2a3
A. 2,500 cubic yards maximum.
Ni. Projects that exceed the maximum quantity shall require Arcliitectural and Site Approval per Section 19.28.040(H).
iii. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, total site grading shall be
limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.
i.v. For projects proposed pursuant to Governrnent Code Sections 64411.7 and/or 65852.21, flat yard area created by
grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not including the driveway, as
calculated prior to any subdivision.
2. Fences See Chapter 19.48, Fence Ordinance
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Table 19.28.O60 Site De-+'elopment Regulations (Cont.)
Rl-5 Rl-6, 7.5, 8, 10, 20, etc., and Rl-6e Rl-a
E_ Development (stnictures, irnp=ovements, or grading)
1. On actual slopes >_ 30%i. Limited to 500 square feet.
ii. Development greater than 500 square feet sliall be subject to a Hillside Exception by the Planning Commission in
accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception is permitted on lots developed
pursuant to Section 19.28. 150.
2. For projects proposed
pursuant to Governi'nent
Code Sections 64411.7
and/or 65852.21
A. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an average
slope of:
a. Less t_han five percent shall not result in a change in grade elevation by more than 12 inches from existing
natural grade.
b. Between five and ten percent shall not result in a change in grade elevatio.n by more than 24 inches from
existing natural grade.
c. Ten percent or more shall not result in a change in grade elevation by more than three feet from existing
natural grade.
Ni. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and
access as demonstrated by a grading and drainage plan prepared by a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing
grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a fu'iished floor more than 36 inches
above finished grade.
F. On-site improvements All properties shall provide a 4.5-foot-wide pathway, a 4.5-footwide planting strip, curb and gutter, curb cut, AC
):iavement, and underground utilities at the street as follows:
i. Detached pathway when a property on either side of the subject property has a detached pathway;
ii. Monolithic pathway when a property on either side of the subject property has a monolithic pathway
iii. When properties on either side of the subject property do not have a pathway, a pathway that matches the
pre-dominant pattern of pathways on the street, as determined by the City Engineer, shall be provided, unless the
subject property has a "semi-rural" designation adopted by City Council resolution.
iv. The City Engineer shall adopt any olijective standard necessary to implement the requirements of this paragraph.
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Table 19.28.O60 Site Deiaelopment Regulations (Cont.)
Rl-5 Rl-6, 7.5, 8, N0, 20, etc., and Rl-6e !Rl-a
G. Driveways for
developments pursuant to
Governrnent Code Section
64411.7 or 65852.21
1. For interior lots with a street frontage of 35 feet or less, no more than a one-car wide driveway curb cut shall be
permitted. A distance of at least 22 l'eet shall be provided between two, one-car wide curb cuts, else, a shared
driveway curb cut, no more than a two-car curb cut, may be provided.
2. Unless subject to subsection (3) below, for interior or pie-shaped lots with a steet frontage of more than 35 feet: a
maximum two car driveway curb cut is permitted provided a distance of at least 22 feet is provided between existing
and proposed driveway flares, else the driveway curb cut shall be limited to a one-car driveway curb cut.
:3. When an Urban Lot Split results in a flag Jot, the two resulting lots shall share vehicular access off of the access
area of the resulting flag lot, unless one of the lots is a new interior lot with a iuinirnum street frontage of 50 feet.
The access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot
drive aisle and a minimum 2-foot-wide landscaping planter on either side. A maximiun two car driveway curb cut is
permitted at the right of way. No other curb cuts shall be permitted.
4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two car curb cut shall be permit-ted_
.5. Where shared driveway access through a flag lot is required and would provide access to new development, the
driveway access for front lot shall be located in the rear 50% of the property.
i6. On lots where arx existing residence is retained on the site of an urban lot split or development pursuant to
Government Code Section 65852.21, an existing curb cut of not more than 18 feet in width may remain when
providing exclusive access to the existing residence.
7. A maximum 18' wide car curb cut is allowed when a two-car curb cut is permitted.
8. A maximum 12' wide curb cut is allowed when a one-car curb cut is permitted.
S). When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be
recorded prior to final parcel map recordation.
10. A maintenance agreement shall be recorded to ensure sl'iared maintenance of any shared access easements,
stormwater treatment, landscaping and private utilities, prior to final parcel map recordation.
H. Easements and Covenants
required for subdivisions
pursuant to Government
Code Section 64411.7
1. Utility easements shall be recorded prior to final parcel map recordation.
:2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final map
recordation.
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Table 1!9.28.060 Site Development Regulations (Cont.)
Notes:
' Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites,
provided that all other applicable requirements of this title are fulfilled.
2 Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include
basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are
divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will
be charged against the grading quantity allowed for that lot development.
3 All cut and fill areas shall be rounded to follow the natural contours and planted with laiidscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as
well as to reintroduce tree's on banen slopes which were denuded by prior agriculhiral activities.
iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14. 15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post
a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly
maintained.
(Ord. 22-2246, § III (part), 2022; O'rd. 22-2238, § 3.9, 2022; Ord. 21-2235, 8, 3.9, 2021; Ord. 2085, § 2 (pan), 2011; Ord. 2079, (part), 2011)
19.28.060 Cupertino - Zoning
52D
65 Single-Family Residential (R-1) Zones 19.28.140
2. The granting of the permit will not result in a
condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare.
3. The proposed project is harmonious in scale and
design with the general neighborhood.
4. Adverse visual impacts on adjoining properties
have been reasonably mitigated.
B. Two-Story Permit Findings.
1. The project is consistent with the Cupertino
General Plan, any applicable specific plans, zoning
ordinance and the purposes of this title.
2. The granting of the permit will not result in a
condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare.
3. The proposed project is harmonious in scale and
design with the general neighborhood.
4. Adverse visual impacts on adjoining properties
have been reasonably mitigated.
C. Residential Design Review Findings.
1. The project is consistent with the Cupertino
General Plan, any applicable specific plans, zoning
ordinance and the purposes of this title.
2. The granting of the permit will not result in a
condition that is detrirriental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare.
3. The project is harmonious in scale aiid design
with the general neighborhood.
4. Theprojectisconsistentwiththetwo-storydesign
principles and generally consistent with the single-family
residential design guidelines.
5. Adverse visual impacts on adjoining properties
have been reasonably mitigated.
D. Residential Design Review Findings, Rl-a zone.
1. The project is consistent with the Cupertino
General Plan and Title 19 of the Cupertino Municipal Code.
2. The granting of this permit will not result in
detrimental or injurious conditions to the property or
improvements in the vicinity, or to the public health, safety,
or welfare,
3. The project is generally compatible with the
establishedpatternofbuildingforms, buildingmaterials, and
designs of homes in the neighborhood.
4. The project is generally compatible with the
City's single-family residential design guidelines and the
guidelines in this chapter and any inconsistencies have been
found to not result in impacts on neighbors.
5. Significant adverse visual and privacy impacts as
viewed from adjoining properties have been mitigated to the
maximum extent possible.
E. R-I Exception Findings.
1, The literal enforcement of this chapter will result
in restrictions inconsistent with the spirit and intent of this
chapter.
2, The proposed deveIopment will not be injurious
to property or improvements in the area, nor be detrimental
to the public safety, health and welfare.
3. The exception to be granted is one that will
require the least modification of the prescribed design
regulation and the minimum variance that will accomplish
the purpose.
4, The proposed exception will not result in
significantvisual impact as viewed from abutting properties.
(Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)
19.28.150 Ministerial Approval of Up to Two
Units.
A. Issuance of Miscellaneous Ministerial Permit.
The Director of Community Development shall rninisterially
approve up to two residential units on a parcel in an R-1
single-family residence district or R-1 zoned Planned
Development Zoning Distriet if the proposed housing
development meets the requirements of Government Code
Section 65852.21 and complies with all applicable objective
zoning standards, objective subdivision standards, and
objective design review standards.
B. The Director of Community Development shall
impose all objective zoning standards, objective subdivision
standards, and objective design review standards iii the
Municipal Code, General Plan, any applicable specific plan,
and other objective land use specifications that do not
conflict with the requirements of Government Code Seetion
65852.21, including but not limited to the objective zoning
and design standards in Paragraph E.
C. Notwithstanding Paragraph A, the Director of
Community Development may deny a housing development
project proposed under this Section if the Building Official
makes a written finding, based upon a preponderance of the
eyidence, that the proposed housing development project
would have a specific, adverse impact, as defined and
determined in Government Code Section 65589.5(d)(2),
upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily
mitigate or a-void the specific, adversc impact.
D. Application and Fees. An application on a form
made available by the City shall be completed by the
applicant. The form shall be accompanied by a fee that the
City Council may adopt by resolution to sufficiently recover
the cost of administering the requirements of this section.
The application shall be accompanied by all technical
reports, plans and information required to make a
determination on the proposed project.
2022 S-90
19.28.150 Cupertino - Zoning 66
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1
District. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review
standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all
applicable objective zoning and design standards to the maximum extent permissible under Government Code Section
65852.21, including but not limited to the following standards for ministerial development projects:
1. Development
, Standards
(Gov. Code,
§ 65852.21)
I
a. Except as otherwise provided herein, units shall not exceed 800 square Feet per unit and
shall comply with Paragraph B, above.
b. The floor area of the larger unit in a duplex development proposed pursuant to this Section
shall be no more than 200 square feet greater than the smaller unit of the duplex
development.
e. Notsvithstanding subparagraph (a), development pursuant to this Section may have a
maximum Floor Area Ratio of up to 45 % of the net lot area, and a maximum Lot Coverage
of 45 % of the net lot area plus an additional5 % for roof overhangs, patios, porches, and
other similar features not Substantially EncIosed, if it complies with the requirements of
Paragraph B and subparagraphs 2 through 16 of this Paragraph; provided, however, that a
housing development project on a Lot having a slope 30 % or greater shall not exceed the
floor area allowed under Chapter 19.40. However, under no circumstances shall the size of
any rninisteriaIly approved unit exceed 2,000 square feet of living space.
d. If the site has been occupied by a tenant in the last bee years, no more than 25 % of the
exterior walls of an existing unit shall be demolished.
e. If no dedication was required for creation of the lot, the project shall include a dedication to
accommodate the predominant public right of way, as determined by the City Bngineer,
abutting the corresponding lot line and frontage improvements, including curb, gutter and
sidev.ialk shall be installed by the applic.ant.
2. Second to
First Floor
Area Ratio:
a. The ratio of the second story to first story floor area shall not exceed 50% except that:
i. In all Rl zoning districts except the Rl-a district:
1. The ratio of the second story to first story floor area may exceed 50%, up to a
maximum of 66%, if a combined first-story side setback of 15 feet (with no first-
story side setback less than five feet), second- story side setbacks of at least 15
feet each, a rear setback of 20 feet on the first story and a rear setback of 25 feet
on the second story are provided.
ii. In the Rl-a zoning district:
1. The maximum ratio of the second story to first story floor area is 40% but no
larger than 500 square feet, except where allowed below;
2. A second floor may exceed 500 square feet, but shall not in any case exceed
1, 100 square feet, if first-story side setbacks of at least 10 faeet each, a combined
second-story side setT:tack of 35 feet (with no second story side setback less than
15 feet), and a rear setback of 20 feet for the first story and 40 feet for the
second story are provided.
b. Interior areas (measured from the finished floor to the top of the roof rafters) with heights
greater than 16 feet shall be double counted as floor area as follows:
i. For one story homes, the floor area shall be double counted as first floor area.
ii. For two story homes, the floor area shall be counted once each for first and second
floor area.
2m2 S-90
66A Single-Family Residential (R-1) Zones 19.28.150
I
3. Setbacks :a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or
zoning map except that:
i. In the Rl-a zoning district, the required minimum setback is 30 feet.
ii. Garages with up to two parking spaces shall be set back two additional feet from the
face of the living area of the unit, not including a front entry feature or porch.
iii. Third car garage spaces:
1. On lots when the garage is visible from the street: parking shall be provided in
tandem or in a detached accessory structure at the rear of the propert5r.
2. On flag lots or on side-oriented garages located at the rear of the principal unit: a
third parking space may be on the same wall plane as the other two parking
spaces.
b. Minimum second-story front setback is 25 feet except that:
i. in the Rl-a z-oning district, the required minimum setback is 30 feet.
c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided,
however, that:
i. No setbacks shall be required for an existing structure or for a struchire constructed in
the same location and to the same dimensions as an existing stnicture.
ii. No new or expanded stnictures shall encroach upon any existing public or private
utility easements.
iii. No setback shall be required from a shared new side lot line between the two new lots
created pursuant to an Urban Lot Split under Government Code Section 66411. 7 when:
1. More than one new primary dwelling unit is approved concurrently with an
Urban Lot Split; and
2. Units with a zero-foot setback are developed concurrently; and
3. All other side yard setbacks are a minimum of five feet on the first story and 10
feet on the second story; and
4. The entirety of wall faces along the shared property line are structurally attached;
and
5. Structures along the new shared property line are no more than zero feet or less
than four feet.
iv. The required building envelope shall not apply to the portions of structures with a
zero-foot setback.
d. Corner Triangle: No portion of a structure shall be located within a corner triangle,
provided that in no case shall a side yard setback of more than four feet be required.
e. Detached primary residential structures: Detached struchires located on the same lot shall
have a setback of five feet as measured between the eaves of the two structures.
4. Maximum
heigbt:
a. Principal Dwelling units are limited to 28 feet in height and no more than two stories except
that:
i. In R-I Zoning Districts with "i" suffix, buildings shall be limited to one story (not to
exceed 18 feet).
b. First-story building envelope: All the maximum exterior wall height and building height on
single-story structures and single-story sections of two-story stnictures must fit into the
building envelope defined by:
i. A 9-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 9-foot-high line referenced above;
Notwithstanding the first-story building envelope, a gable end of a roof enclosing an
unfinished attic space may haye a maximum wall height of 13 feet to the peak of the roof as
measured from natural grade.
i
2022 S-90
19.28.150
4. Maximum
height: (cont'd)
c. Second-story building envelope: All the maximum exterior wall height and building height
on two-story sections of two-story structures must fit into the building envelope defined by:
i. A 15-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 15-foot-high line referenced
above.
d. Notwithstanding subsections (b) and (c) above, portions of the struchires developed
utilizing the provisions of subsection (3)(c) above, do not have to meet the first story or
second story building envelope requirements.
5. Basements:Not allowed.
6. Landscaping
and Privacy
Protection:
a. Landscaping: All proposed landscaping shall meet the requirements of Chapter 14. 15 of
the Municipal Code
i. Front Yard Tree Required: A 24-inch box California native tree that typieally grows
to a mature height of more than 30 feet is required for all two-story homes and must
be placed in the center 50% of the front yard.
ii. An existing mature tree in the front yard that is or can typically grow to a height of
30 feet of more and is located in the center 50% of the front yard can be used as the
front yard tree, subject to an ISA certified arborist certifying that the tree is in good
health.
iii. A covenant shall be recorded to identify the front yard tree as a Protected Tree and
notifying current and future property osvners to retain and maintain the tree in good
health.
b. Privacy Protection planting for windows from second story windows shall be required in
the same manner as required pursuant to Section 19.28. 120, except as provided below:
i. Windows or other openings in the wall with a side yard setback less than 10 feet shall
have a minimum windowsill height of five feet one inch or shall have obscure glass
and be inoperable with a fixed pane(s).
ii. Windows or other openings in the wall with a rear yard setback less than 25 feet shall
have a minimum windowsill height of five feet one inch, or shall have obscure glass
and be inoperable with a fixed pane(s).
iii. Subsections (a) and (b) do not apply to skylights or windows which do not have views
into an adjacent side or rear yard or that face a street or a non-residential zorig
district.
iv. Minimum planter width required for privacy planting shall be three feet. Emergency
access paths shall not be concurrent with areas designated as privacy planting
planters.
7. Private open
space:
Each unit must provide at least 15 % of the unit floor area as private open space on the first
floor, with no dimension less than 10 feet. Private open space shall not be located in the
required frcnt >iard setback area.
8. Permitted yard
encroachments:
a. Front entry features, but not porches, may encroach into a required front yard setback up
tO three feet.
b. May extend into a requirea yard a aistance not exceeding three feet.
c. No architectural feature, or combination thereof, whether a portion of a principal or
accessory stx'ucture, may extend closer than three feet to any property line.
d. Architectural features may not exceed 50% of the wall they are on, as measured from the
interior wall surfaces.
2022 S-90
Cupertino - Zoning 66B
66C Single-Family Residential (R-1) Zones 19,28.150
9. Second story
decks,
balconies or
similar
features
%ot allowed.
lO.Design
standards:
a. Entry features:
i. A maximum of one entry feature per unit is allowed and no more than one entry
feature per structure shall be allowed.
ii. The entry feature shall be oriented to face the street and shall include a front entry
door also oriented to face the street.
iii. Maximum entry feature height is 14 feet as measured from natural grade to the top of
the plate.
i-v. If a duplex with attachcd units is propcsed, a proposed entry feature rriay incorporate
two entrance doors for the two units. One of the entrance doors or a common opening
into a shared entry portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots, the entrances to the two units shall be on
different street frontages, except that if the corner lot fronts a major collector, both the
entrances may be located on the minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately
greater in width than in height.
i. Porch elements shall have detailing that emphasizes the base and have caps for posts
and fence elements of the porch.
c. Exterior and/or uncovered stair access shall not be allowed to the second floor.
d. All new structures proposed in the Rl-e zoning district shall meet the building design
requirements in Section 19.28.080 and shall meet the Eichler design guidelines.
e. In the Rl-a zoning district, the second story shall not cantilever over a first story wall plane.
f. In addition to standards outlined in subsections (1) - (9) above, development on properties
with an average slope greater than 10% shall comply with Section 19.40.050 (F), (Gl and
(I) and Section 19.40.060(E), (H), (I) and (J).
g. Windows and doors shall either:
i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim
when protniding from the wall or
ii. Be inset a minimum of three inches from the exterior finish of the structure. If
recessed, the primary siding material shall cover the recessed edge faces and wrap
toward the interior face of the window glazing or door by not less than two-inch depth.
h. All garage doors shall be recessed a miiiwum cf six 116S, inches from the surrounding
building wall and sliall include trim of at least one and a half (1.5) inches in depth.
i. Roof overhangs or building eaves shall be a minimum of 12 inches in width.
j. Detached stnictures on a lot must use the same architectural style and materials.
k. Where the garage faces the side yard, but is visible from the street, the garage shall
incorporate a window on the street front facade so that it appears to be a liabitable portion of
the house. The window style must be the same as the windows on the habitable dwelling
unit(s).
1. Enclosed living area shall be closer to the street than garage space. Garages shall be set
back as identified in subparagraph (3) aboye.
l
2022 S-90
19.28.150 Cupertino - Zoning 66D
10. Design
standards:
(cont'd)
m. No more than fifty percent of the front elevation of a house shall consist of garage space.
n. The maximum width of a garage on the front elevation shall be 24 feet for a two-car garage.
o. Garage doors for no more than two car spaces shall be visible from the public right of way.
p. Outdoor lighting shall comply with the requirements of Chapter 19. 102.
q. The elevation facing a street shall incorporate at least four architectural features, such as
bay windows or an entry feature, and/or elements of architectural interest, such as wall
insets or offsets, planters, railings, trellises, a combination of roofing elements (e. g., hip
and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an
accent window inset greater than six inches. Windowsills, door or window trim, and roofing
materials do not count as one of the features.
r. Gable ends and dutch gable ends taller than thirty inches shall include at least one element
of architechiral interest such as:
a a wall offset with corbels,-brackets or change in materials;
a louvered wood or metal vents;
s clay or terracotta tile vents;
a accent tile decoration;
a medallion decoration;
ii metal grille;
ii a change in architectural materials;
N incorporation of corbels;
s decorative gable pediments;
s eyebrow trellises or pergola structurally attached to the building; or
n windows/glazing.
s. Stone veneer or accent materials used as a wainscot on a street facing fagade shali be
wrapped around to the side fagade and end at a logical terminus, such as a fence line or a
chimney or at an interior corner.
t. Stone veneer or any other siding material wrapped on columns shall terminate at the floor.
11. Accessory
buildings/
structures:
a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling
units or Junior Accessory Dwelling units shall not be permitted on anti lot in the R-1 zoning
district if a lot split has been approved pursuant to Section 18. 12.70 and one or more unit(s)
have been approyed for construction pursuant to Section 19.28. 150 on each resulting lot.
b. Limited to one story (not to exceed 15 feet).
c. Accessory Dwelling Units shall meet subsections (1) and (2) above and shall additionally be
in compliance with the regulations of Chapter 19. 112.
d. Air conditioning units and similar mechanical equipment such as generators, sump pumps,
heating, and ventilation equipment shall be ground-mounted and screened from public view
or underground, and shall meet accessory structure setbacks and adhere to the requirements
of Chapter 10.48 of the Municipai Code.
2022 S-90
66E Single-Family Residential (R-1) Zones 19.28.150
12. Fences Shall comply with the requirements of Chapter 19.48 of the Municipal Code.
13. Refuse,
recycling and
other
containers
a. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in
an interior yard behind a fence.
b. This area shall not be concurrent with any emergency access pathway required by the Fire
Department.
14. Parking a. Units shall have at least one off-street parking space, except that parking requirements shall
not be imposed in either of the following instances:
i. The parcel is located within one-half mile walking distance of either a high-quality '
transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a
major transit stop, as defined in Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within one block of the parcel.
b. Parking space(s) shall be provided in an enclosed garage encompassing 10' by 20' space for
each space unobstructed (i.e., by walls, appliances, etc.) between six inches from finished
floor up to six feet from finished floor.
c. Vi7hen additional enclosed parking space(s) is/are provided, the space(s) shall meet the
requirements of Chapter 19. 124.
15. Driveway and
curb cuts:
a. A one car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in
width.
b. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driyeway
spaces shaIll be in tandem.
c. Subparagraphs a and b do not apply to the flag lot access area.
d. When a two-car curb cut is permitted, a maximum 18' foot wide curb cut shall be allowed.
e. Wlien a one-car curb cut is permitted, a maximum 12' foot wide curb cut, shall be allowed.
16. Short Term
Rentals
Prohibited:
No residential unit created pursuant to this Section may be rented for a term of 30 days or less.
F. This Section shall remain in effect until such time
as Government Code Section 65852.21 is repealed or
superseded or its requirements for ministerial approval of
housing development projects are materially amended,
whether by legislation or initiative, or are held to be
unenforceable by a court of con'ipetent jurisdiction, at which
time this Section shall become null and void.
G. Any dwelling unit approved pursuant to this
Section shall be ineligible for conversion to a eondominium,
cornrnunity apartment, or stock cooperative project. Any
application for a tentative subdivision map or tentative
parcel map for a residential condominiurn conversion of a
unit created pursuant to this Section shall be denied by the
Department of Community Development.
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, 8, 3.10,
2022; Ord. 21-2235, S) 3.10, 2021)
2022 S-90
Cupertino - Zoning 66F
19.40.010
CHAPTER 19.40: RESIDENTIAL HILLSmE (RHS) ZONES"
Section
19.40.010
19.40.020
19.40.030
19.40.040
19.40.050
19.40.060
19.40.070
19.40.080
19.40.090
Purpose.
Applicability of regulations.
Permitted, conditional and excluded
uses.
Appiication requirements.
Site development regulations.
Building development regulations.
Exception for development of certain
individual hillside lots.
Hillside exception-Findings.
Ministerial approval of up to two
units.
* Prior history: Ord. 1601.
19.40.010 Purpose.
The purpose of the RHS zoning district is to regulate
development consistent with the General Plan, to preserve
the natural setting in the hillsides. This chapter utilizes
performance standards and specific regulations to ensure that
the utilization of land for residential uses is balanced with
the need to conserve natural resources and protect life and
property from natural hazards. Specifically, this chapter is
intended to accomplish the following objectiyes:
A. Enhancetheidentityofresidentialneighborhoods;
B. Ensure the provision of light and air to individual
residential parcels;
C. Ensure a reasonable level of compatibility in scale
of structures within residential neighborhoods;
D. Maintain spatial relationship between stnictures
and within neighborhoods;
E. Reinforcethepredominantlylow-intensitysetting
of the comrnunitv:
F. Maintain a balance between residential
development and preservation of the natural hillside sening;
G. Promote compatibility of colors and materials of
structures and the surrounding natural setting. (Ord. 2085,
§ 2 (part), 2011; Ord. 1634, (part), 1993)
19.40.020 Applicabfflty of Regulations.
A. No building or structure or land shall be used
erected, stnicturally altered or enlarged in a residential
hillside (RHS) zone, otherwise than in conformance with the
provisions of this chapter and other applicable provisions of
this title.
B. Reasonable Accommodation: Notwithstanding
19.40.020(A) above, a request for reasonable
accommodation may be made by any person with a
disability, when the strict application of the provisions in
this chapter, acts as a barrier to fair housing opportunities
pursuant to Chapter 19.52.
(Ord. 2085, § 2 (part), 2011; Ord. 1725, (part), 1996; Ord.
1634, (part), 1993)
19.40.030 Permitted, Conditional and Excluded
Uses.
Permitted, Conditional and Excluded Uses that may be
conducted from property zoned residential hillside (RHS),
are identified in Section 19.20.020.
(Ord. 2085, F§ 2 (part), 2011)
19.40.040 Application Requirements.
An application for any development of property in the
RHS zoning district, in addition to the requirements of
Chapter 19. 12, shall include:
A. Site Plans that show topographical information at
contour intervals not to exceed ten feet and a horizontal map
scale of one inch = two hundred feet or larger and identify
all areas with slopes > thirty percent.
B. Identify whether the property is on a prominent
ridgeline or the structure is in the fifteen percent site line
from a prominent ridge line.
(Ord. 2085, 0 2 (part), 2011)
19.40.050 Site Development Regulations.
The following guidelines, shown in Table 19.40.050,
are a compilation of policies described in the General Plan
and are intended to govern the preparation of deyelopment
plans in RHS zones. All provisions of tl"iis section, except
subsections A, B and C, may be deviatcd from with a
Hillside Exception in accordance with Section 19.40.040 and
19.40.070.
[Table 19.40.050 begins on next page.]
2022 S-86 81
19.40.050 Cupertino - Zoning 82
Table 19.40,050: Site Development Regulations
A. Density
1. Dwelling Unit Density Determined by Appendix F of the General Plan based upon slope density
standards described therein.
2. Transfer of density
credits
Density credits derived from application of a slope density formula to a lot or
a group of lots may not be transferred to pvoperty outside any approved
subdivision or parcel map boundary.
B. Minimum Lot Area
1. B!,+ zoatng district
syaibol:
Lot area shall correspond to the number (multiplied by one thousand square
feet) follcwing the RHS zoning symbol.
Examples:
, RHS-20: Minimum lot size of 20,000 square feet (20 * 1,000 s.f.)
RHS-120: Minimum lot size of 120,000 square feet (120 * 1,000 s.f.)
RHS-2I8: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.)
2. For subdivision Minimum lot area shall be in accordance with Appendix F of the General
Plan, unless clustered in accordance with Section 18.52.030 (Hillside
Subdivisions). The minimum lot area shall be 10,000 square feet for each unit
in a clustered subdivision.
3. Subdividable lots Lot size zoning designation shall be assigned at time of subdivision for
properties not subdivided pursuant to Government Code Section 64411. 7.
4. Non-subdividable
Iegally-created,
developed lots
Shall reflect the existing lot size
5. Lots created pursuant to
Government Code
Section 64411.7 and
65852.21
a. Each resulting lot shall be at least 40% of the size of the original lot
being split.
' b. Each resulting lot shall share one common driveway. If an existing
driveway or curb cut exists, a new driveway or curb cut location shall
not be approyed.
c. Up to two new property lines may be added to create a new lot and shall
follow the contours of the property.
d. If in an area where direct sanitary sewer connection is unavailable, a
percolation test completed within the last five years, or if the percolation
test has been recertified, within the last 10 years, must be provided.
e. Building pads shall be identified on the flattest portion of a lot, closest to
an existing driveway. Where 110 driveway exists, building pads shall be
identified on the flattest portion of the lot, closest to the access road
unless doing so would result in a combined grading totai greater than that
required for siting elsewhere on the lot. In those cases, building pads
shall be sited so as to result in the minimum required grading to develop
two units of up to 800 square feet each.
f. No side or rear setbacks shall be required for an existing struchire or for
a structure constnicted in the same location and to the same dimensions
as an existing structure.
g. No new or expanded structures shall encroach upon any existing public
or private utility easements.
I
2022 S-90
83 Residential Hillside (RHS) Zones 19.40.050
Table 19.40.050: Site Development Regulations (Cont.)
C. Minimum Lot Width a. 70 feet at front setback line.
b. No minimum lot width for lots served by private driveway and which do
not adjoin a public street.
D. Development on Substandard
Lots
A Hillside Exception shall be obtained to construct structures or improvements
on existing vacant legal lots, except where prohibited by Government Code
Section 65852.21.
E. Site Grading
1. Maximum Grading
Quantity
I
a. Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas, driveway and all other
areas requiring grading.
Excludes: basements
b. All cut and fill shall be rounded to contour with natural contours and
planted with landscaping which meets the requirements in Section
19.40.050G
c. For each of the lots developed or created pursuant to Government Code
Sections 64411.7 and 65852.21, a cumulative total of 1,250 cubic yards,
cut plus fill (including grading for building pad, yard areas, driveway, all
other areas requiring grading, and basements), except if the original Iot
that was subdivided has already performed prior grading, then the
amount of grading that has pre'viously occurred shall be reduced from the
maximum grading quantity allowed cumulatively on the two resulting
lots.
d. Unless required by the City Engineer or to meet Fire Code requirements,
grading activity on lots with an average slope of:
i. Less than five percent shall not result in a change in grade elevation
by more than 12 inches from existing natural grade.
ii. Between five and ten percent shall not result in a change in grade
elevation by more than 24 inches from existing natural grade.
iii. Ten percent or more shall not result in a change in grade elevation
by more than three feet from existing natural grade.
e. In all cases, the follouiing shall apply:
i. Change in grade elevation shall be limited to the minimum extent
necessary to ensure adequate drainage and access as demonstrated
by a grading and drainage plan prepared by a registered ci'vil
engineer.
ii. Split level designs shall be used to avoid additional change in grade
elevation.
iii. Unless otherwise required by the City Engineer, spoils shall be
balanced on site and shall match the existing grading and drainage
pattern of the site.
iv. Unless required by the City Engineer, development shall not result
in a finished floor more than 36 inches a.bove Finished grade.
2. Graded Area a. Shall be limited to the building pad area to the greatest extent possible.
b. For lots developed or created pursuant to Government Code Sections
64411.7 and 65852.21, graded areas are limited to within 50 feet of the
building pad area.
2022 S-90
19.40.050 Cupertino - Zoning 84
Table 19,40.050: Site Development Regulations (Cont.)
E. Site Grading (Cont.)
3. Common Driveways Grading quantities shall be divided equally among the participating lots.
E. g., two lots sharing a driveway shall divide the driveway grading quantity
in half. The divided share will be charged against the grading quantity allowed
for that lot development.
4. Flat Yard Area a. Limited to a maximum of 2,500 square feet, excluding driveways
b. For lots developed or created pursuant to Government Code Section
64411. 7, limited to a maximum of 1,250 square feet per lot, excluding
driveways, except as limited by subsection (I).
5. Soil Erosion and
Screening of Cut and Fill
Slopes Plan
A licensed landscape architect shai2 review grading plans ana shall, in
consultation with the applicant and the City Engineer, submit a plan to prevent
soil erosion and to screen cut and fill slopes.
F. Landscaping
1. Tree Planting Plan Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent from the
following prominent intersections.
For projects pursuant to Government Code Section 65852.21, no more than
50% of the yisible wall face surface area shall be visible from the following
prominent intersections:
i. Foothill Boulevard and Cristo Rey Driye
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
y. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.
A visual simulation from each of the intersections above shall be provided to
indicate compliance.
b. Reintroduce trees on barren slopes which were denuded by prior
agricultural activities.
Must comply with the Chapter 14. 15, Landscaping Ordinance and Wildland
Urban Interface Fire Area (WUIFA) requirements.
At least 50% of the front yard area shall be landscaped (i.e., not hardscaped).
2. Landscape Requirements
3. Installation of Landscape
Improvements
Must be installed prior to final occupancy unless it is not practicable. If not
installed, the applicant shall post a bond, cash or other security to cover the
cost of installation within an 18 month period from occupancy.
4. _Tandscape Mai_ntenance All such landscape areas shall be properly maintained in conformance with the
requirements of Chapter 14. 15, Landscape Ordinance.
5. Native Trees Should be integrated into the site design to the greatest extent possible.
2022 S-90
85 Residential Hillside (RHS) Zones 19.40.050
Table 19.40.050: Site Development Regulations (Cont.)
G. Watercourse Protection
1. Watercourse and
Existing Riparian
Vegetation
Any watercourse identified in Figure HS-6 in the City's General Plan and its
existing riparian vegetation must be shown on all development plans.
2, Setbaclc The setback shall be measured from the top of bank of the watercourses or
from existing riparian vegetation, whichever is greater. The setback from
riparian vegetation will be measured from the drip line perimeter.
All new development, including structures, grading and clearing, must be set
back as follows.
a. Lots < I acre 50 feet
b. Lots > 1 acre 100 feet
H. Development Near Prominent R-.dgelines
1. New structures Shall not disrupt a 15 % site line from a prominent ridge as identified in
Appendix A. The fifteen percent site line shall be measured from the top of
ridge at the closest point from the structure.
2. Additions to existing
structures within the 15%
site line of prominent
ridgeline
Shall not further encroach into the site line. For exan'iple, the addition may not
add height or bulk which may increase the disruption to the fifteen percent
ridgeline site line.
3. Impractible Clause If (1) and (2) above are not practicable, alternatives may be considered
through the exception process, provided that no discretionary exemption
process is allowed for projects seeking approval under Government Code
Section 65852.21.
I, Development on Slopes of :_
30%
a. Hillside Exception required for all grading, structures and other
development > 500 square feet, except that on lots developed or created
pursuant to Government Code Sections 6441 1. 7 and 65852.21, grading,
building pads for structures and other development is limited to a
maximum of 500 square feet for each lot.
b. If the lots developed or created pursuant to Government Code Sections
64411.7 and 65852.21 have no areas with slopes less than 30% that can
accommodate up to two units of 800 square feet each, grading for
building pads for structures is limited to 800 square feet. No other
deyelopment shall be permitted on such lots (e.g. development for flat
yard area), unless required by the City Engineer.
2022 S-90
19.40.050 Cupertino - Zoning 86
Table 19,40.050: Site Development Regulations (Cont.)
J. Trail Linkages and Lots
Adjoining Public Open Spaces
Site Plan
a. Site plan must identify trail linkages as shown in the General Plan Trail
Plan, on and adjacent to the site.
b. If a trail linkage is identified across a property being developed,
development shall not take place within that area unless approved
' through the exception process, except that on lots developed or created
pursuant to Government Code Sections 64411.7 and 65852.21, no
development may occur in an area where a trail linkage is identified on
the property.
c. For lots adjoining Public Open Spaces, driveways and buildings shall be
located as far as feasible from the Public Open Space and designed in a
manner to minimize impacts on the Public Open Space, except that on
lots developed or created pursuarit to Goviernrnent Code Sections 64411. 7
and 65852.21, no development may occur within 50 feet of a Public
Open Space unless doing so would preclude the development of up to
two units of 800 square feet each.
K. Views and Privacy It is not the responsibility of City Government to ensure the privacy protection
of the building permit applicant or owners of surrounding properties that may
be affected by the structure under construction. However, the Director of
, Cornrnunity Development may confer uiith the building permit applicant to
discuss alternate means of preyenting priyacy inhusion and preserving views
except that for Jots developed or created pursuant to Government Code
Sections 6441l.7 and 65852.21, privacy protection planting, as required
pursuant to Section 19.28. 120, is required for views from the second story
into adjoining side or rear yards. Windows or other openings in the wall with
a side yard setback less than 15 feet or a rear yard setback less than 25 feet
shall have a minimum windowsill height of five feet one inch, or shall have
obscure glass and be inoperable with a fixed pane(s).
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3. 11 2022; Ord. 21-2235, 8) 3. 11, 2021 ; Ord. 17-2165, S, 11 (part), 201 7;
Ord. 2085, § 2 (part), 2011)
19.40,060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside Exception in accordance with Section
19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to the de'velopment of structures on property zoned
Residential Hillside (RHS).
[Table 19.40.060 begins on next page.]
2022 S-90
86A Residential Hillside (RHS) Zones 19.40.060
Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
1. Maximum
Allowable
Development
a. Except as otherwise provided herein, a ministerially approved housing development
project approved pursuant to this Section shall not exceed 800 square feet per unit.
b. Notwithstanding Paragraph (a), a rninisterially approved housing development approved
pursuant to this Section may haye a floor area as calculated in subsection (c) below, if it
complies with the requirements of this Section; provided, however, that if the housing
development is on a parcel created by a ministerial lot split under Chapter 18.20. 170, the
maximum allowable floor area for the original lot shall be allocated to each resulting lot
equal to the proportionate size of each resulting lot to the original lot. However, under no
circumstances shall the size of rninisterially approved units exceed 2,000 square feet of
listing space.
c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum
allowable development shall be the lesser of:
i. 6,500 square feet; or
ii. 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000
squme of net lot area, times the slope adjustment factor pursuant to Section
19.40.060(A)(2)*
*Formula = (4,500 + ((Net Lot Area - 10000)/1000) (59.59)) x (Slope Adjustment Factor)
Average
Slope
Reduction (1.5 x
(Average Slope -
0.1))
a. Average Slope
< 10%
No reduction in allowable floor
area slope adjustment factor = 1
< 10%0%
I
2022 S-90
19.40.060 Cupertino - Zoning 86B
(l
Table 19.40.060: Building Development Regulations (Cont.)
A. Floor Area Ratio (FAR) (Cont.)
' 2. Adjustment
Factor based
on Average
Slope of Net
Lot Area
(Cont.)
Average
Slope
Reduction (1.5 x
(Average Slope -
0,1))
b. Average slope
between 10%
and 30%
A reduction in allowable floor
area by one and one-half percent
(1.5%) for each percent of slope
over 10%.
Slope adjustment factor =
(1-(1.5 x (average slope of net
lot area - 0. 1))
11%1.5%
12%3.0%
13 %4. 5 %
14%6.0%
15 %7.5%
16%9.0%
17%10.5%
18%12.0%
19 %13.5%
20 %15.0%
21 %16.5%
22%18.0%
23 %19.5%
24%21.0%
25 %22.5 %
26 %24.0%
27 %25.5%
28 %27.0%
29 %28.5%
c. Average slope
> 30%
Allowable floor area shall be
reduced by a constant 30%
Slope adjustment factor=(1-0.3)
>_ 30%30.0%
I
2022 S-90
86C Residential Hillside (RHS) Zones 19.40.060
Table 19,40.060: Building Development Regulations (Cont.)
A. Floor Area Ratio (FAR) (Cont.)
3. Additional Regulations for Lots WitMn Clustered Subdivisions where Land is Reserved for Common
Open Space
a. Lot Area for
calculating FAR
May count a proportionate share of the reserved private open space to arrive at lot
area for purposes of calculating FAR.
b. Maximiun FAR
prior to slope
consideration
No developable lot in a cluster development can exceed forty-five-percent floor area
ratio, prior to applying the slope adjustment factor, when a portion of the private
open space is attributed to the lot area for calculating FAR.
c. Average slope of
lot
' Calculated on the developable lot only.
B. Height of Buildings and
Structures
Limited to 30 feet
C. Setbacks
First Floor Second
Floor
Habitable Ihtra Floor (or
portions of structures taller than
20 feet)
1. Front-yard
a. Slope _< 20%20 feet Driveway and garage
must be designed to
enable vehicles to
park off-street
25 feet 25 feet
b. Slope > 20%10 feet 25 feet 25 feet
2. Side-yard
a, Interior Side 10 feet 15 feet 20 feet
b. Street Side on
Corner Lot
15 feet 15 feet 20 feet
c. Lots developed
pursuant to
Government
Code Section
65852.21
4 feet 4 feet 4 feet
3. Rear-yard 20 feet 25 feet 25 feet
a. Lots aeveloped
pursuant to
Government
Code Section
65852.21
4 feet 4 feet 4 feet
I
2022 S-90
19.40.060 Cupertino - Zoning
86D
Table 19.40.060: Building Development Regulations (Cont,)
D. Second Story Decks and Patios Minimum Setbacks
1. Front Yard
17 feet 17 feet
2. Side Yard
15 feet 15 feet
3. Rear Yard
20 feet 20 feet
4. Lots developed
pursuant to
Government Code
Section 65852.21
Not allowed.
E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First
Floor Downhill
Wall Plane
i. Average of 7 feet 6 inches for 75 % of the second story downhill facing wall
plane shall be setback ai'id
ii. Not less than a five feet offset.
iii. The remaining 25 % may not extend past (cantilever over) the first story wall
plane.
b. Multiple
Downhill Facing
Wall Planes
' Offset shall apply only the primary setback affected.
c. Offset from First
Floor Roofed
Porches
i. Offset may be measured from the outside perimeter of first-story roofed porches.
ii. Roof of the porch must match, in pitch and style, the roor of the main structure.
iii. Porch must be at least 5 feet in width and extend the Iength of the wall on wich
it is located to be a qualifying offset feature.
2022 S-90
87 Residential Hillside (RHS) Zones 19.40.060
Table 19.40.060: Building Development Regulations (Cont.)
E. DownMl Facing Elevation (Cont.)
2. Maximum
Exposed Wall
Height on
Downhill Elevation
15 feet
3. Maxitnum Height
of Retaining Walls
Facing Downhill
a. For ministerial projects, the maximum height of retaining walls facing downhill
slopes shall be fiye feet, unless placed behind a dwelling unit or other similar
structure and shall not be visible from the public right of way, prominent
intersections listed in Section 19.40.050(F)(1), nor face an adjacent property. In all
cases, retaining walls shall be screened with Iandscaping.
b. For discretionary projects, the maximum height of retaining walls facing downhill
slopes may be variable but every effort shall be made to stagger retaining walls to
maintain heights at five feet or less. Retaining walls shall be screened with
landscaping. Retaining walls taller than five feet visible from the public right of
way, prominent intersections listed in Section 19.40.050(F)(1), or to adjacent
properties shall additionally be faced with architectural materials such as stucco,
stone, etc.
F. Permitted Yard Encroachments
1. Extension of a
Legal
Non-conforming
Wall Plane for
structures not
located within a
prominent
ridgeline site line
a. Where a building legally constnicted according to existing first floor yard and
setback regulations at the time of constniction encroaches upon present required
first floor setbacks, one encroaching side of the existing structure may be extended
along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting of a
variance may not be further extended.
d. Further encroachment into a required setback is not allowed. Le., a
non-conforming setback may not be further reduced.
e. In no case sliall any wall plane of a first-story addition be placed closer than three
feet to any property line.
f. Shall not apply to properties developed or created pursuant to Government Code
Section 65852.21 and 64411.7.
2. Architectural
Features
a. May extend into a required yard a distance not exceeding three feet.
b. No architecffiral feature, or combination thereof, whether a portion of a principal
or accessory structure, may extend closer than three feet to any property line.
c. Second story decks or balconies may not further encroach into a required setback
than allowed in Subsection D.
G. Accessory Structures
(including attached
patio covers)
I
a. As allowed by Chapter 19. 100, Accessory Buildin_gs/Structures
b. Lots created and developed with two units pursuant to Government Code Sections
64411.7 and 65852.21 may not develop an Accessory Dwelling Unit or Junior
Accessory -l)welling Unit.
c. Air conditioning units and similar mechanical equipment such as generators, sump
pumps, heating, and ventilation equipment shaIl be ground-mounted and screened
from public view or underground, and shall meet accessory structure setbacks and
adhere to the requirements of Chapter 10.48 of the Municipal Code.
f
2022 S-90
19.40.060 Cupertino - Zoning 88
Table 19.40.060: Building Development Regulations (Cont.)
H. Design Standards
1, Building and Roof Fyrms
a. Nahiral
Contours
Building shall follow as closely as possible the primary natural contour of the lot.
b. Building Mass
and Roof
Pitches
The main building mass shall be on the upslope side of the building and the roof pitches
shall trend downslope.
c. Second Story
Dormers
Permitted within the second story setbacks as long as they are minor in shape and size.
d. Downhill
Elevation of
main structure
Shall have a minimum of four offset building and roof elements to provide varied
building forms to produce shadow patterns which reduce the impact of visual mass.
e. High Wall
Planes
Wall planes exceeding one story or 20 feet in height, whichever is more restrictive,
shall contain architectural elements in order to provide relief and to break up expansive
wail planes.
2. Colors
a. Natural Eartfi
Tones
All structures on the lot shall use natural earth tone and/or vegetation colors which
complement the natural surroundings. Natural earth-tone and vegetation colors include
natural hues of brown, green and shades of gray.
b. Reflectivity
Value
Shall not exceed 60 on a tlat surface
3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19. 102.
4. Garages All projects shall strive to attain, except that projects pursuant to Goveriunent Code
Section 65852.21 shall attain, the following standards:
a. No more than 50% of the fagade visible from the right of way shall comprise the
garage.
b. A two car garage face shall not exceed 24 feet and a one car garage face shall not
exceed 12 feet.
c. Garages visible from the right of way shall be setback a minimum of two feet from
the liyable areas of the home except if only the garage and/or the entrance to the
home, and no other livable portions of the home, are accessible from the street
level.
d. Third car spaces shall be provided in tandem or shall be provided in a detached
accessory structure.
5, Entrv Features All projects shall strive to attain, except that projects pursuant to Government Code
Section 65852.21 shall attain, the following standards:
a. Only one entry feature shall be permitted per structure and only one entry feature
shall be visible from the public street.
b. Duplexes shall have entrances to each unit on different frontages.
c. Entry feahires shall be limited to 14 feet in height from the natural grade to the top
of wall plate.
6. Uncovered/
exterior staircases
Not allowed.
2022 S-90
89 Residential Hillside (RHS) Zones 19.40.060
Table 19,40.060: Building Development Regulations (Cont.)
I. Geologic and Soils Repcrts
1. Applicabfflty A geological report prepared by a certified engineering geologist and a soils report
prepared by a registered civil engineer qualified in soils mechanics by the State shall be
submitted prior to issuance of permits for constniction of any building or structure
which:
a. Is located on property in an RHS zoning district which has been designated by the
General Plan to be within a geological hazard area; and
b. Where an addition, alteration or repair of an existing building or structure include
at least one of the following:
i. The improvements include increasing the occupancy capacity of the dwelling
such as adding a bedroom or Accessory Dwelling unit, or
ii. The cost of the completed addition, alteration or repairs will, during any period
of twelve months, exceed twenty-five percent of the value of the existing
improvements as determined by the Building Official based on current per foot
value of the proposed structure to the existing structure's value on a parcel of
property. For the purposes of this section, the value of existing improvements
shall be deemed to be the estimated cost to rebuild the improvements in kind,
which value shall be determined by the Building Official.
2. Content of Reports These reports shall contain, in addition to the requirements of Chapter 16. 12 of this
code, the following:
a. All pertinent data, interpretations and evaluations, based upon the most current
professionally recognized soils and geologic data;
b. The significance of the interpretations and evaluations with respect to the actual
development or implementation of the intended land use through identification of
ai'iy significant geologic problems, critically expansive soils or other unstable soil
conditions which if not corrected may lead to structural damage or aggravation of
these geologic problems both on-and off-site;
c. Recommendations for corrective measures deemed necessary to prevent or
significantly mitigate potential damages to the proposed project and adjacent
properties or to otherwise insure safe development of the property;
d. Recommendations for additional ii'ivestigations that should be made to insure safe
development of the property;
e. Any other information deemed appropriate by the City Engineer.
3, Incorporation of
Recommend-ations
All building and site plans shall incorporate the above-described corrective measures
and must be approved by the City Engineer, upon a third-party peer review of the
reports provided, at the applicant's cost, prior to building permit issuance.
j, p;iliHi(5 g@3d5 ana ilpiy'_yHyt,
1. Pavement Width
and Design
The pavemem wiath and design for a private road or COIiimOn driveway serving tvio to
five lots and a single-lot driveway shall comply with development standards contained
iii the Hillside Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal
Ingress/Egress
Easement and
Reciprocal
Maintenance
Agreement
The property owner for a lot served by a private road or common driveway shall, prior
to issuance of building permits, record an appropriate deed restriction guaranteeing the
following, to adjoining property owners who utilize the private road or coinn'ion
driveway for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement.
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2022 S-86
19.40.060 Cupertino - Zoning 90
Table 19.40.060: Building Development Regulations (Cont.)
K. Solar Design The setback and height restrictions pro'vided in this chapter may be varied for a
stnicture utilized for passive or active solar purposes, provided that no such stiucture
shall infringe upon solar easements or adjoining property owners. Variation from the
setback or height restrictions of this chapter may be allowed only upon issuance of an
Administrative Conditional Use Permit subject to Chapter 19. 12, except that lots
developed pursuant to Government Code Section 65852.21 shall not be eligible for such
a discretionary permit.
L. Off-street
Improvements
For lots developed pursuant to Government Code Section 65852.21, upon deyelopment
of the lot, appropriate public right of way dedications shall be made to accommodate
the predominant width of the street and street improvements shall be installed to the
Pablic Works Departments standards.
M. Short Term Rentals
Prohibited.
No residential unit created pursuant to Government Code Section 65852.21 may be
rented for a term of 30 days or less.
(Ord. 22-2246, § III (part), 2m2; Ord. 22-2238, e, 3. 12, 2022; Ord. 21-2235, F3 3. 12, 2021; Ord. 21-2225, Att. A (§ 3), 2021;
Ord. 17-2165, § 9, 2017; Ord. 2085, 8, 2 (part), 2011)
i9.40.070 Exception for Development of Certain
Individual Hillside Lots.
A. With respect to a request for development of a
legally created individual hillside lot which does not meet
the development requirements contained in Section
19.40.050, the Approval Body may grant an exception to
allow development in accord with the requirements of
Chapter 19. 12, if:
1. The subject property cannot be merged with
adjacent property pursuant to Government Code Sections
66451. 10 - 66451.21; and
2. The Approval Body, based upon substantial
evidence, makes all of the findings in Section 19.40.080.
(Ord. 2085, FB 2 (part), 2011)
19.40.080 Hillside Exception-Findings.
The Approval Body may grant a request for a Hillside
Exception only if all of the following findings are made:
1. The proposed development will not be injurious
to property or improvements in the area nor be detrimental
to the public liealth and safety.
2. The proposed development will not create a
hazardous condition for pedestrian or vehicular traffic.
3. The proposed development has legal access to
public streets and public services are ayailable to serve the
development.
4. The proposed development requires an exception
which in'volves the least modification of, or deviation from,
the development regulations prescribed in this chapter
necessary to accomplish a reasonable use of the parcel.
5. All alternative locations for development on the
parcel have been considered and have been found to create
greater enyironmental impacts than the location of the
proposed development.
6. The proposed development does not consist of
structures on or near known geological or environmental
hazards which have been determined by expert testimony to
be unsafe or hazardous to structures or persons residing
therein. (See General Plan Policies 2-49.)
7. The proposed deveiopment includes grading and
drainage plans which will ensure that erosion and scarring
of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized. (See
General Plan Policies 2-53, 2-54 and 2-57.)
8. The proposed development does not consist of
structures which would disrupt the natural silhouette of
ridgelines as viewed from established vantage points on the
valley floor unless either:
a. The location of a structure on a ridgeline is
necessary to avoid greater negatiye environmental impacts;
or
b. The structure could not otherwise be physically
located on the parcel and the size of the structure is the
minimum which is necessary to allow for a reasonable use
of the parcel. (See General Plan Policies 2-46, 2-47 and
2-48.)
9. The proposed development consists of structures
incorporating designs, colors, materials, and outdoor
lighting which blend with the natural hillside environment
and which are designed in such a manner as to reduce the
effective visible mass, including building height, as much as
possible without creating other negative environmental
impacts. (See General Plan Policies 2-46, 2-50, 2-51 and
2-52.)
{i
2022 S-90
90A Residential IE[illside (RHS) Zones 19.40.080
10. The proposed development is located on the
parcel as far as possible frompublic open space preserves or
parks (if visible there from), riparian corridors, and wildlife
habitats unless such location will create other, more negative
environmental impacts. (See General Plan Policies 2-55,
5-14 and 528.)
11. The proposed development includes a landscape
plan which retains as many specimen trees as possible,
which utilizes drought-tolerant natiye plants and ground
covers consistent with nearby vegetation, and which
minimizes lawn areas. (See General Plan Policies 2-54, 5-15
and 5-16.)
12. Theproposeddevelopmentconfinessolidfencing
to the areas near a structure rather than around the entire
site. (See General Plan Policy 5-17.)
13. Theproposeddevelopmentisotherwiseconsistent
with the City's General Plan and with the purposes of this
chapter as described in Section 19.40.010.
(Ord. 2085, F3 2 (part), 2011)
19.40.090 Ministerial Approval of Up to Two
Units.
A. Miscellaneous Ministerial Permit Required. The
Director of Community Development shall rninisterially
approve up to two residential units on a parcel in an RHS
residential hillside zoning district if the proposed housing
development meets the requirements of Government Code
Section 65852.21 and complies with all applicable objective
zoning standards, objective subdivision standards, and
objective design review standards.
B. The Director of Community Development shall
impose all objective zoning standards, objective subdivision
standards, and objective design review standards in the
Municipal Code, General Plan, any applicable specific plan,
and other objective land use specifications that do not
conflict with the requirements of Government Code Section
65852.21, including but not limited to the standards for
ministerial development projects in Section 19.40.050 and
19.40.060.
C. Notwithstanding Paragraph A, the Director of
Community Development may deny a housing development
project proposed under this Section if the Building Official
makes a written finding, based upon a preponderance of the
evidence, that the proposed housing development project
would have a specific, adverse impact, as defined and
determined in Government Code Section 65589.5(d)(2),
upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
D. Application and Fees. An application on a form
made available by the City shall be completed by the
applicant. The form shall be accompanied by a fee that the
City Council may adopt by resolution to sufficiently recover
the cost of administering the requirements of this section.
The application shall be accompanied by all technical
reports, plans and information required to make a
determination on the proposed project.
E. Objective Zoning and Design Standards for
Ministerially Approved Housing Development Projects. In
addition to any applicable objective zoning standards,
objective subdivision standards, and objective design review
standards in the Municipal Code, a housing development
project approved pursuant to this Section must comply witn
all applicable objective zoning and design standards to the
maximum extent permissible under Goyernrnent Code
Section 65852.21, including but not limited to the standards
for ministerial development projects in Section 19.40.050
and 19.40.060 and the following:
1. Basements Not allowed.
2. Balconies,
decks or other
similar
structures
Not allowed.
3, Design
Standards
a. Windows ana doors shall either:
i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim
when protruding from the wall or
ii. Be inset a minimum of three inches from the exterior finish of the structure. If
recessed, the primary siding material shall cover the recessed edge faces and wrap
toward the interior face of the window glazing or door by not less than two-inch
depth.
2022 S-90
19.40.090 Cupertino - Zoning 90B
3. Design
Standards
(Cont.)
b. All garage doors shall be recessed a minimum of six (6) inches from the surrounding
building wall and shall include trim of at least one and a half (1.5) inches in depth.
c. Roof overhangs or building eaves shall be a minimum of 22 inches in width.
d. Detached structures on a lot must use the same architectural style and materials.
e. Where the garage faces the side yard, but is visible from the street, the garage shall
incorporate a window on the street front facade so that it appears to be a habitable portion
of the house. The window style must be the same as the windows on the habitable
dwelling unit(s).
f. Garage doors for no more than two car spaces shall be visible from the public right of
way.
g. The elevation facing a street shall incorporate at least four architectural features, such as
bay windows or an entry feature, and/or elements of architectural interest, such as wall
insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g. hip
and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an
accent window inset greater than six inches. Windowsills, door or window trim, and
roofing materials do not count as one of the features.
h. Gable ends and dutch gable ends taller than thirty inches shall include at least one element
of architectural interest such as:
s a wall offset with corbels, L+rackets or change in materials;
s louvered wood or metal vents;
a clay or terracotta tile vents;
a accent tile decoration;
s medallion decoration;
ffl metal grille;
s a change in architectural materials;
s incorporation of corbels;
s decorative gable pediments;
s eyebrow trellises or pergola structurally attached to the building or
s windows/glazing.
i. Stone veneer or accent materials used as a wainscot on a street facing fagade shall be
wrapped around to the side fagade and end at a logical terminus, such as a fence line or a
chimney.
j. Stone veneer or any other siding material wrapped on columns shall terminate at the floor.
4. Private Open
Space
Each unit must provide at least 15 % of the unit floor area as private open space on the first
floor, with no dimension less than 10 feet.
5. Refuse,
recycling and
other
containers
a. A minimum 8 foot by 3 foot space per unit, not visible from the street, shall be provided
in an interior yard behind a fence.
b. This area shall not be concurrent with any emergency access pathway required by the Fire
Department.
6. Parking a. Units shall have at Ieast one off-street parking space, except that parking requirements
shall not be impcsed in either of the following instances:
i. The parcel is located within one-half mile walking distance of either a high-quality
transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a
major transit stop, as aefined in Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within one block of the parcel.
b. Parking space(s) shall be provided in an enclosed garage encompassing 10' by 20' space
for each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from
finished floor up to six feet from finished floor.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the
requirements of Chapter 19. 124.
2022 S-90
90C Residential Hillside (RHS) Zones 19.40.090
F. This Section shall remain in effect until such time
as Government Code Section 65852.21 is repealed or
superseded or its requirements for ministerial approval of
housing development projects are materially amended,
whether by legislation or initiative, or are held to be
unenforceable by a court of competent jurisdiction, at which
time this Section shall become null and void.
G. Any dwelling unit approved pursuant to this
Section shall be ineligible for conversion to a condominiurn,
community apartment, or stock cooperative project. Any
application for a tentative subdivision map or tentative
parcel map for a residential condorninium conversion of a
unit created pursuant to this Section shall be denied by the
Department of Community Development.
(Ord. 22-2246, § III (part), 2022; Ord. 22-2.238, § 3.13,
2022; Ord. 21-2235, § 3.13, 2021)
2022 S-90
Cupertino - Zoning 90D
la (
194C Accessory Dwelling Units 19.112.040
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
C.Setbacks'Per the underlying zoning district,
except the required side and rear
setbacks are modified to four feet.
The proposed structure must comply with
the setback standards for accessory
structures in Chapter 19. 100, except the
street side setbacks are modified to four
feet.
D.Height Per the underlying zoning district The proposed structure must comply with
the height standards for accessory
structures in Chapter 19. 100, except that a
maximum height of 16 feet is allowed at
the farthest point of the proposed structure
from the rear and side property lines.
E.Second-story accessory
dwelling units
Not allowed Not allowed
F.Parking
1. Parking for accessory
dwelling unit
One additional off-street parking space shall be provided, if the principal dwelling
iu'iit has less than the minimum off-street parking spaces for the applicable
residential zoning district in which it is located, as required in Chapter 19. 124
unless the accessory dwelling unit meets one of the following requirements:
a. Located within one-half (1/2) mile of a public transit stop; or
b. Located in an architecturally and historically significant historic district; or
c. The occupant of the unit is not ailowed/offered a requirea on-street parking
permit; or
d. Located within one block of a car share vehicle pick-up location; or
e. Is part of the proposed or existing primary residence or an accessory
stnicture.
2. Replacement parking
spaces for existing
covered, uncovered or
enclosed parking
spaces converted to an
accessory dwelIing
unit
No replacement parking spaces are required.
G.D ireCt outsiae access independent outaoor access i-iiuSt be prcvided withcut gcir>g through the principal
dwelling unit.
H.Screenmg from public
street
All access to accessory dwelling units shall be on a different wall plane than the
access to the principal dwelling unit.
I.Structure Design Should be compatible with the architectural style and materials of the principal
structure.
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2020 S-76
19.II2.040 Cupertino - Zoning 194D
Table 19.112,040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
J.Separation from principal
dwelling unit
The ADU must be an independent
unit. No interior doors or other
connections between the ADU and
the principal dwelling unit are
permitted.
Detached from principal dwelling unit.
' No setback is required for an accessory dwelling unit located within existing living area or an existing accessory structure, or an accessory
dwelling unit that replaces an existing stnicture and is located in the same location and to the same dimensions as the stnicture being replaced.
(Ord. 20-2199, § 5 (part), 2020)
19.112.050 Review Process.
Applications for accessory dwelling units conforming
to the requirements of this chapter shall be reviewed
ministerial without discretionary review and must be
approved or denied within the time frame specified in
Government Code Section 65852.2. (Ord. 20-2199, €3 5
(part), 2020; Ord. 16-2159, 8) 8 (part), 2016)
19.112.060 Accessory Dwelling Units Prohibited on
Certain Lots.
Notwithstanding Government Code Section 65852.2 or
65852.22 or any provision of this Chapter, no accessory
dwelling unit or a junicr accessory dwelling u"iit shall be
permitted on any lot in single-family residence district (R-1
or RHS) if an urban lot split has been approved pursuant to
Section 18. 12. 70 and one or more residential unit(s) have
been approved for construction pursuant to Section
19.28.150 or 19.40.090 (Government Code Section
65852.21). (Ord. 22-2246, FS, III (part), 2022; Ord.
22-2238, e) 3.14, 2022; Ord. 21-2235, § 3.14, 2021)
11('-
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2022 S-90
Comprehensive Ordinance List
Ord. No.
20-2200
20-2203
20-2204
20-2205
20-2207
20-2208
20-2209
20-2210
20-2211
20-2213
Amends §§ 3.12.020, 3. 12.050,
3. 12.070 (Transient Occupancy Tax),
8, 19.08.030 (definitions), % 19. 12.090,
19.12.120, 19.12.150, 19.12.080,
19.20.020 and 19.120.050, creating
Chapter 5.08 (Short-term Rental
Activity), regulating short-term rental
uses in residential zoning districts (3. 12,
5.08, 19.08, 19.12, 19.20, 19.120)
Amends §§ 1.04.010 through 1.04.060
(adds new Fg 1.04.030) general
provisions; repeals and readopts Ch.
1.08 (1.08.010 and 1.08.020) right of
entry for inspection; repeals and
readopts Ch. 1.09 (§§ 1.09.010 through
1.09.110) nuisance abatement; repeals
and readopts Ch. 1. 10 (§§ 1. 10.010
through 1. 10.180) administrative
citations, fines, and penalties; amends
Ch. 1. 12 title (General Penalty and
Criminal Enforcement), amends
S, 1. 12.010 and S, 1. 12.020 and repeals
§ 1.12.030 (1.04, 1.08, 1.09, 1.10,
1 . 12)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends § 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends 8) 2.88.100, duties-powers-
responsibilities (2.88)
Adopts § 2.20. 120, electronic filing of
campaign statements (2.20)
Amends FB 11.24.150, parking
prohibited along certain streets (11.24)
Urgency ordinance temporarily waiving
pern'iit fees for certain temporary
commercial signs and banners (Not
Codified)
Amends §§ 10.48.010, 10.48.051,
community noise control for leaf blower
regulations (10.48)
Ord. No.
20-2214
20-2215
20-2216
20-2218
21-2220
21-2222
21-2223
21-2225
21-2226
Amends §§ 2.04.010, 2.28.040,
8.01.090, 11.08.061 and 13.04.190,
repealing §§ 11.08.040, 11.08.050,
11.08.060, 11.08.070, 11.08.080,
11.08.090, 11.08. 100, 11.08. 110 and
11,08. 120, concerning regular meetings
of the City Council, concerning powers
and duties of the City Manager,
concerning animals in city buildings,
concerning bicycle licensing and
registration, and concerning activities
prohibited in city parks (2.04, 2.28,
s.oi, ii.os, 13.04)
Amends § 3.37.040, minimum wage
(3.37)
Amends Ch. 2.40 title and §§ 2.40.010,
2.40.025, 2.40.040, 2.40.050,
2.40.060, 2.40.080, and2.40.llO,
regarding emergency management
program and disaster council; adds
§ 2.40.030 (2.40)
Amends % 6.24.010, 6.24.020,
6.24.030, 6.24.035, 6.24.037,
6.24.080, 6.24.120, 6.24.150,
6.24.160, 6.24.170, and 6.24.180,
regarding solid waste collection (6.24)
Amends Ch. 5.48 in full (title and
§§ 5.48.010 tnrougli 5.48.080),
sidewalk vendors; amends §§ 5.04.290,
5.04.400, 5.20.010, 5.20.015, and
13.04. 180, regarding solicitors and
sidewalk vendors (5.04, 5.20, 5.48,
13.04)
Adds Ch. 2. 100, §§ 2. 100.010 through
2.100. 180, regulation of lobbying
activities (2. 100)
Adds Title 17, environmental
regulations, and Ch. 17.08,
§§ 17.08.010 through 17.08.040,
evaluation of transportation impacts
under CEQA (17.08)
Adds Ch. 19. 102, §§ 19. 102.010
through 19.102.040, glass and lighting
standards; amends §§ 19.08.030,
19.40.060, 10.60.060, 19.72.050, and
19, 124.040, to implement bird-safe aria
dark sky policies (19.08, 19.40, 19.60,
19.72, 19.102, 19.124)
Amends 8, 19.56.030 regarding density
bonuses (19.56)
2021 S-82
Cupertino - Comprehensive Ordinance List 48
Ord. No.
21-2227
21-2228
21-2229
212230
21-2231
21-2232
21-2234
Amends Ch. 10.90, smoking
regulations; adds §§ 10.90.030 and
10.90.070; renumbers §§ 10.90.030
through 10.90.050 to be §§ 10.90.040
through 10.90.060 (10.90)
Amends 11.27.145 concerning
designation of preferential parking
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends 19.56.030, 19.56.040, adds
19.56.080 concerning density bonuses
(19.56)
Repeals 6.24.037, adopts new 6.24.037
and 6.24.038, amends 6.24.010,
6.24.020, 6.24.060, 9. 16.030,
concerning organic waste disposal
reduction (6.24, 9. 16)
Adds Ch. 17.04, §§ 17.04.010 through
17.04.060, standard environmental
protection requirements (17.04)
Adds Ch. 2. 110, § 2. 110.010,
teleconference meetings; amends
§§ 1.12.010, violation of code; adds
% 2.36.085, 2.74.075 and amends
§§ 2.60.050, 2.68.050, 2.80.090,
2.86.070, 2.92.090, regarding
commissioner expenses and
compensation; amends §§ 2.48.020,
departments and divisions, 2.74.040,
technology, information, and
communications commission meetings,
3.23.060, opening bids, and 8.06.030,
permit period and fee for dangerous
aimnals; repeals 8, 11.08.020, regarding
bicycle registration; amends references
to department of community
development and planning di'vision in
§§ 14.04.125, 14.18.090, 18.04.(,!0,
19. 102.030, 19. 104.220, and Table
:L9.124.040; amends §§ 16.52.043,
16.52.053, regarding flood damage
prevention (1.12, 2.36, 2.48, 2.60,
2.68, 2.74, 2.80, 2.86, 2.92, 2.110,
3.23, 8.06, 11.08, 14.04, 14.18, 16.52,
18.04, 19.102, 19.104, 19.124)
Ord. No.
21-2235
22-2236
22-2237
22-2238
22-2239
22-2240
22-2241
222243
22-2244
Amends §§ 19.08.030, 19.12.030,
19.12.110, 19.12.170, 19.28.040,
19.28.060, 19.40.050, and 19.40.060;
andadds §§18.20.170, 19.28.150,
19.40.090, and 19.112.060; to adopt
standards for ministerial approval of
duplexes and lot splits in single-family
residence districts (18.20, 19.08, 19.12,
19.28, 19.40, 19.112)
Rezoning certain land (Not codified)
Rezoning certain land (Not codified)
Extending interim Ord. 21-2235, which
amends §§ 19.08.030, 19.12.030,
19.12.110, 19.12.170, 19.28.040,
19.28.060, 19.40.050, and 19.40.060;
and adds % 18.20.170, 19.28.150,
19.40.090, and 19.112.060; to adopt
standards for ministerial approval of
duplexes and lot splits in single-family
residence districts (18.20, 19.08, 19.12,
19.28, 19.40, 19.112)
Amends §§ 9. 15. 100, 9. 15. 110,
9. 15. 120, 9.15. 130, and 9.15. 140; and
adds % 9. 15.090 and 9. 15. 125; to
regulate the use of single-use food
service ware by food providers and
regulate the sale of single-use food
service ware and expandea polystyrene
foam coolers, and regulate single-use
carryout bags (9. 15)
Adds Ch. 2.96, §E) 2.29.010 through
2.29. 120. economic deyelopment
committee (2.96)
Amends Ch. 2.80 (title), §§ 2.80.010,
2.80.020, 2.80.050, 2.80.080,
2.80.090, i9.l02.040, 19.148.030,
19.148.050, 19.148.060, 19.148.090,
changing the name of the Fine Arts
Commission to Arts and Culture
Commission (2.80, 19. 102, 19. 148)
Amends § 2.88.100, regarding audit
committee (2.88)
Arnerids Ch. 16.28, §§ 16.28.010 -
16.28.070, regarding expedited permit
process for small rooftop solar systems
and electric vehicle charging systems
(16.28)
2022 S-90
Comprehensive Ordinance List
Ord. No.
22-2245
22-2246
Amends Ch. 16.02, 16.04, 16.06,
16.16, 16.20, 16.24, 16.28, 16.32,
16.40, 16.42, 16.54, 16.58, i6.62,
16,64, 16.68, updating building and
construction codes (16.02, 16.04,
16.06, 16.16, 16.20, 16.24, I6.28,
16.32, 16.40, 16.42, 16.54, 16.58,
16.62, 16.64, 16.68)
Amends §§ 18.20.170, 19.08.030,
19.12.030, 19.12.110, 19.12.170,
19.28.040, 19.28.060, 19.28.150,
19.40.050, 19.40.060, 19.40.090, and
19.112.060; to adopt standards for
ministerial approval of duplexes and lot
splits in single-family residence districts
(18.20, 19.08, 19.12, 19.28, 19.40,
19.112)
2022 S-90
Cupertino - Comprehensive Ordinance List 50
23 Index
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.140
scope of coverage, adoption
2.52. 150
pay plan 2.52. 180
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of imderstanding 2.52.430
scope 2.52.380
Municipal employee relations officer
designated 2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Retirement
See Specifie Subject
See Purpose
Rules, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System arlopterl 2.52.020
Written agreements, effect 2.52.360
PISTOL
See FIREARM
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
Meetings
amendments, records 2.32.060
procedure 2.32.050
Member
terms of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Procedural rules 2.32.080
PLANNING DIRECTOR
Bingo license applicant investigation 5.32.220
PLUMBING CODE
Adoption of 2022 California Plumbing Code based
on the 2021 Uniform Plumbing Code
16.20.010
Adoption of appendix chapters 16.20.015
Name insertion 16.20.020
POLICE
See SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
POLYSTYRENE FOAM SERVICE WARE
Administrative citations and fines 9. 15. 130
Definitions 9. 15. 100
Prohibited 9.15.110
Exemptions 9. 15. L!O
Purpose 9.15.090
Recordkeeping and inspection 9. 15. 125
Regulated 9.15.110
Severability 9. 15. 140
PRELIMINARY SOIL REPORT
See BUILDING
PRIV ATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
PROPERTY MAINTENANCE
City powers 9.22.040
Franchise Tax Board, notice 9.22.050
Penalties 9.22.030
Prohibited acts 9.22.020
hirpose of provisions 9.22.010
PROPERTY MAINTENANCE CODE Ch. 16.42
2022 S-90
Cupertino - Index
24
PUBLIC AND PRIV ATE DEVELOPMENTS, ART
REQUIREMENTS
See ARTWORK, REQUIRED IN PUBLIC AND
PRIVATE DEVELOPMENTS
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
Meetings, quorum, officers, staff 2.60.040
Members
terms of office 2.60.020
vacancy removal 2.60.030
Records 2.60.060
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23. 100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
exempt activities designated 3.23. 130
informal procedure when 3.23.120
invitation, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
Definitions 3.23.020
Lowest responsible bidder
See Award, criteria
Proceeds, deposit, use 3.23. 150
%rpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Work
additional, procedure when 3.23. 160
deletionperinittedwhen 3.23.170
PUBLIC WORKS DEPARTMENT
See T)E.PARTMENTAL ORGANIZATION
PUBLIC WORKS DIRBCTOR
Storm drainage service charge
collection duties 3.36.080
measurement, analysis methods
report duties 3.36.060
premisesinspectionauthority 3.36.190
PURCHASING
See also EQUIPMENT, SURPLUS, SALE
P{JBLIC WORKS CONTRACTS
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, award procedures 3.22.060
Definitions 3.22.020
Exemptions
See Public agencies, exemptions when
Funds availability required 3.22.050
Public agencSes, exemptions when 3.22.070
Purchase order, request, petty cash
required 3.22.040
Purpose of provisions 3.22.010
PURCHASING OFFICER
Contract award authority 3.22.060
Designated 3.22.020
Powers, duties generally 3.22.030
-Q -
QUARANTINE
See ANIMAL
-R -
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
RECYCLING AND DIVERSION OF CONSTRUCTION
AND DEMOLITION WASTE
Administrative fee, 16.72.060
Covered projects, 16.72.030
Definitions, 16.72.020
Diversion requirements, 16.72.040
Findings of the City Council, 16.72.010
Information required before issuance of permit,
16.72.050
Reporting, 16.72.070
RECYCLING AREAS; SOLID WASTE,
NON-ORGANIC RECYCLING
Applicability of provisions 9. 16.030
Definitions 9. 16.020
Maintenance and collection 9. 16.050
Purposeofprovisions 9.16.010
Sitedevelopmentrequirements 9.16.040
Solid waste, non-organic, recycling and orgic
recyclingenclosures 9.16.045
Violation, penalty 9. 16.060
RECYCLING, NON-ORGANIC AND ORGANIC
WASTE COLLECTION AND DISPOSAL
See GARBAGE
2018 S-70