CC Ordinance No. 24-2266 Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated EnvORDINANCE NO. 24-2266
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS 19.04
GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60
GENERAL COMMERCIAL (CG) ZONES)
The City Council of the City of Cupertino finds that:
1. In order to maintain and enhance the community’s quality of life, the City will
periodically review and update land use and zoning requirements for retail,
commercial and office development in order to attract high-quality sales-tax
producing businesses and services, while adapting to the fast-changing retail,
commercial and office environment, and ensure that existing businesses are
encouraged to reinvest and grow in Cupertino.
2. The City Council of the City of Cupertino held a duly noticed public hearing on
October 1, 2024, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived
the reading thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is further amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-
paragraph, sentence, clause and phrase of this ordinance is severable and
independent of every other section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance. If any section, sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, or its application to any person or circumstance, be determined by a court
of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City
Council declares that it would have adopted the remaining provisions of this
Ordinance 24-2266
Page 2 ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. SECTION 3: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 4: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on October 1, 2024 and ENACTED at a regular meeting of the Cupertino City Council on October 15, 2024 by the following vote: Members of the City Council AYES: Mohan, Fruen, Chao, Moore, Wei NOES: None ABSENT: None ABSTAIN: None SIGNED: Sheila Mohan, Mayor City of Cupertino ate 10/22/2024
Ordinance 24-2266
Page 3
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Oct 17, 2024
10/22/2024
ATTACHMENT A - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS
19.04 (GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60
GENERAL COMMERCIAL (CG) ZONES)
The sections of the Cupertino Municipal Code set forth below are amended or adopted as
follows:
1. Amendments to Title 19 concerning General Commercial Land Use
19.04.100 Exclusionary zoning.
When a use is not specifically listed as a permitted or conditional use, it shall be
assumed that such use is prohibited, unless it is determined by the Director of
Community Development that the use is similar to, and not more intensive than,
the uses listed. Requests for determinations for specific uses shall be submitted
to the Director of Community Development in writing, with a detailed
description of the proposed use, its proposed location, and intended hours of
operation. Additional information may be required by the Director of
Community Development in order to prepare the determination for individual
uses. Any decision by the Director of Community Development regarding a
requested determination shall be in writing and shall be final.
19.08.030 Definitions.
Bar Facility” means part of an establishment used primarily for the sale of
alcoholic beverages to be consumed on the premises, provided that the restaurant
and bar/lounge area operate as a single entity. The physical layout, entry
location(s), spatial connection between the areas, and operational characteristics,
among other factors, shall be used to determine compliance. Any bar/lounge area
cannot remain open when the dining area is closed. However, the dining area may
be open while the bar/lounge area is closed. This is in contrast to a "Drinking
establishment” which is a business that is primarily devoted to the selling of
alcoholic beverages for consumption on the premises.
Farmers’ market” means a market certified by the state or county agricultural
commission under Title 3, Chapter 3, Article 6.5 of the California Administrative
Code which allows direct retail sale by farms to the public of such items as fruits,
vegetables, nuts, eggs, honey, nursery stock, cut flowers, live animals and
inspected meats and seafood.
Food Store” may include, but not be limited to, the following retail
establishments:
1. “Grocery store”. A Retail Sales and Services Use that:
a. Offers a variety of unrelated, non-complementary food and non-
food commodities, such as beverages, dairy, dry goods, fresh produce and other
perishable items, frozen foods, household products, and paper goods; and
b. May prepare food on site for immediate consumption.
2. "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, excluding
delicatessens and other specialty food shops and establishments which have a
sizable assortment of fresh fruits, vegetables, and fresh-cut meats.
3. "Specialty food stores" means a retail establishment under 3,000 square feet
that specializes in selling a specific type of food product with a limited scope of
inventory. This food product may be prepared and sold on-site or purchased
wholesale, and consumption of the goods occurs primarily off premises. Examples
include butcher shops, delicatessens, bakeries, fish mongers, coffee shops, donut
shops, ice cream stores, and produce markets. Specialty Food Stores are not
considered fast food restaurants.
Food Stores may provide beer, wine, and/or liquor sales for consumption off the
premises with a California Alcoholic Beverage Control Board License type 20 (off-
sale beer and wine) or type 21 (off-sale general) that occupy less than 15% of the
Occupied Floor Area of the establishment (including all areas devoted to the
display and sale of alcoholic beverages).
Pet Day Care" means any premises where animals are trained, exercised and
socialized, but not kept or boarded overnight, bred, sold, or let for hire. The hours
of operation shall be limited daily from 7.a.m. to 9 p.m.
Restaurant”:
1. Restaurant, Fast-Food/Self- Service. "Fast-food/Self Service restaurant" means
a retail food service establishment in which prepared foods or beverages are
served or sold on or in disposable containers, including those establishments
where a substantial portion of the patrons may serve themselves and may
consume the food and beverages off-site. A bar facility for serving alcoholic
beverages is not permitted. Specialty food stores, such as ice cream stores, bakeries
or shops, shall not be considered fast-food/self-service restaurants.
2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which
is not a fast-food or self-service restaurant. Alcoholic beverages may be served
with meals at a customer's dining table; however, a bar facility for serving
alcoholic beverages is not permitted without a use permit.
Specialized School” means a private academic educational institution, providing
specialized education/training. Examples include the following:
art school • establishments providing courses by
mail/online
ballet and other dance school • language school
business, secretarial and
vocational
music school
computers and electronics school • professional school (law, medicine,
etc.)
drama school • seminaries/religious ministry training
facility
driver education school • martial arts
Also includes facilities, institutions and conference centers that offer specialized
programs in personal growth and development, such as fitness, environmental
awareness, arts, communications, and management. Specialized School does not
include pre-schools, after school care and child day care facilities.
CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES
19.60.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property
zoned general commercial (CG), are identified in Table 19.60.030, Permitted,
Conditional and Excluded Uses in General Commercial Zoning Districts below.
Table 19.60.030: Permitted, Conditional and Excluded Uses in General
Commercial Zoning Districts
Zoning Districts CG
Uses
1. Retail businesses, such as, but not limited to:
a. food stores, (excluding convenience markets),
b. drugstores,
c. apparel shops,
d. variety stores and
e. hardware stores
P
Zoning Districts CG
2. Restaurants (without bar facilities), where:
a. all public entrances face away from low-density residential
1-5 Dwelling Units an Acre) developments that share
property lines and
b. where the required customer parking is located within
close proximity of the entrance
P
3. Farmers’ Market
CUP -
Admin.
4. Eating establishments
a. Full-service restaurants with bar facilities, and CUP -
Admin
b. Any entertainment facilities (e.g., dancing, live music) in
association with full-service or fast-food/self-service restaurant
P
5. Any commercial establishments with drive-through
facilities
CUP - PC
6. Late evening activities which occur between eleven p.m.
through seven a.m.
CUP -
Admin
7. Offices such as those below, provided that such uses do not
comprise more than twenty-five percent of the building space
in a shopping center:
a. Professional,
b. General,
c. Administrative,
d. Business offices,
e. Business services, such as:
i. advertising bureaus,
ii. credit reporting,
iii. accounting and similar consulting agencies,
iv. stenographic services, and
v. communication equipment buildings
P
Zoning Districts CG
8. Commercial Office uses such as those below which directly
serve the public
a. Banks,
b. Financial institutions,
c. Insurance agencies
d. Real estate agencies,
e. Travel agencies,
f. Photography, and
g. Similar studios
P
9. Laundry facilities, including those below, provided that the
solvents used in the cleaning process shall not be used or stored
in any manner not approved by the State Fire Marshal and
provided the establishment received approval from the Bay
Area Air Quality Management District.
a. Self service operations
b. Full service operations; and
c. Retail dry cleaning establishments. Dry cleaning is limited
to items directly delivered to the establishment by retail
customers
P
10. Private clubs, lodges, or fraternal organizations
a. Uses in (10) above as subordinate uses in buildings intended
primarily for other permitted uses provided for in this section
P
b. Uses in (10) above as principal use buildings CUP - PC
11. Fraternity and sorority houses CUP - PC
12. Limited repair services, such as:
a. Jewelry,
b. Household appliance,
c. Business machine repair shops
d. Personal electronic devices
P
13. Personal service establishments such as:
a. Barbershops,
b. Beauty parlors,
c. Massage establishments,
d. Shoe repair shops, and
e. Tailor shops
P
Zoning Districts CG
14. Accessory facilities and uses customarily incidental to
permitted uses and otherwise conforming with provisions of
Chapter 19.100 of this title
P
15. A maximum of four video game machines, provided these
machines are incidental to the main activity of the business
P
16. Pet shops and facilities for pet services such as, bathing,
clipping, trimming, grooming, pet day care, and similar services
for pets.
a. Uses in (16) above which are located in a sound-proof
structure, and are in compliance with Santa Clara County
Health Department regulations and Chapter 8.05 of this Code
P
b. Uses in (16) above which are not located in a sound-proof
structure, and are in compliance with Santa Clara County
Health Department regulations and Chapter 8.05 of this Code.
CUP -
Admin
17.
a. Child care centers,
b. Day nurseries, and
c. Playgrounds
CUP - PC
18. Vocational and specialized schools, dance and music
studios, gymnasiums and health clubs
a. When the uses in (18) above cumulatively comprise < 50%
of the space in a shopping center, provide adequate parking as
determined by Chapter 19.124 and meet noise requirements as
determined by Chapter 10.48
P
b. When the uses in (18) above cumulatively comprise 50%
of the space in a shopping center, provide adequate parking as
determined by Chapter 19.124 and meet noise requirements as
determined by Chapter 10.48
CUP -
Admin.
19. Retail/service kiosks that meet the following:
a. Are located in an unenclosed space visible from public
streets or other publicly owned space,
b. Where adequate parking is provided as determined by
Chapter 19.124,
c. Which do not result in traffic or circulation impacts,
d. Have attractive designs and landscaping, and
e. Are compatible with the surrounding architecture
CUP -
Admin.
Zoning Districts CG
20. Other uses which, in the opinion of the Director of
Community Development, are similar to the permitted uses in
the CG zoning district, and which do not have the potential to
create significant adverse impacts to the surrounding area due
to odor, dust, smoke, glare, fumes, radiation, vibrations, noise,
traffic or litter
P
21. Commercial parking and parking garages CUP - PC
22. Convenience markets CUP - PC
23. Hotels, motels, and boardinghouses CUP - PC
24. Liquor stores CUP - PC
25. Drinking establishments CUP - PC
26. Commercial recreation establishments, such as:
a. Indoor theaters,
b. Bowling alleys,
c. Billiard and pool parlors,
d. Dance halls,
e. Skating rinks, and
f. Arcades
CUP - PC
27. Mortuaries CUP - PC
28. Automotive service stations, automobile washing facilities CUP – PC
29. Automobile, trailer, tire and boat sales and rental, limited
to new and used vehicles in operable condition
CUP - PC
30. Automobile and Tire repair shops CUP - PC
31. Business activities which display merchandise in an
unenclosed space visible from a public street or adjoining
residential property, except activities which display
merchandise in compliance with requirements of Section
19.60.050:
a. The display of merchandise in front of stores with 20,000
square feet of floor area.
P
b. The display of merchandise in front of stores with < 20,000
square feet of floor area.
CUP -
Admin
32. Business activities which provide services in an unenclosed
space visible from a public street or adjoining residential
property, except activities which provide services in compliance
with requirements of Section 19.60.050.
CUP –
Admin
33. Outdoor Seating compatible with Chapter 19.124 of this code P
Zoning Districts CG
34. Business activities which incorporate contracting services
for which a contracting license issued by the State is required
CUP - PC
35. Other commercial uses which are neither permitted uses
nor excluded uses and which are, in the opinion of the
Planning Commission, consistent with the character of a general
commercial (CG) zone of the same general character listed in
this section, and which do not have the potential to create
significant adverse impacts to the surrounding area due to
odor, dust, fumes, glare, radiation, vibration, noise, traffic or
litter
CUP - PC
36. Businesses where the primary activity is related to the on-
site manufacturing, assembly or storage of building
components intended for use by general contractors or
wholesalers
Ex
37. Storage garages, and other wholesale businesses, except
computer hardware and software and communications
businesses for which the City may generate sales tax revenue
where the primary activity is to conduct sales and services to
other businesses rather than to direct retail customers
Ex
38. Other uses which, in the opinion of the Planning
Commission, are objectionable by reason of odor, dust, smoke,
glare, fumes, radiation, vibration, noise, traffic or litter shall be
excluded
Ex
39. Warehouses Ex
40. Lumberyards Ex
41. Nurseries and greenhouses Ex
42. Commercial excavating of building or construction
materials
Ex
Key:
P – Permitted Use
Not Allowed
CUP - Admin. – Conditional Use Permit issued by the Director of
Community Development
CUP - PC – Conditional Use Permit issued by the Planning Commission
CUP - CC – Conditional Use Permit issued by the City Council
Ex – Excluded Uses
19.60.50 Land Use Activity.
A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the
following regulations shall apply to all users governed by this chapter.
1. The activity must be conducted entirely within a building or enclosed patio
or atrium except for:
a. Vehicular parking including the parking of business-related vehicles that
comply with the sign, off-street parking and noise regulations;
b. Outdoor seating for restaurants in accordance with requirements of
Section 19.60.040.
c. Special promotional events undertaken by permitted businesses;
d. The display of merchandise in front of stores must be displayed under a
roof overhang or canopy, and must be displayed in an organized, neat and safe
fashion, in accordance with requirements of Section 19.60.040.
e. Incidental activities directly related to the permitted business. The
incidental activity must comply with noise standards, all other applicable health
and safety regulations and must use equipment which, when not in use, is stored
in an approved enclosed space.
2. The activity must comply with the City noise standards, including pick-up
and delivery times. Some activities are permitted when located in a sound-proof
space. A sound-proof space is an enclosed area which is designed to prevent
internally generated noise from being audible from a receptor located outside
of the structure. An acoustical engineer shall certify the design and operating
conditions of a sound-proof space.
3. The activity must involve direct retailing of goods or services to the general
public. The retailing and servicing activity must comprise at least fifty percent of
the floor space, including enclosed patio and atrium space, and must represent the
primary emphasis of the business. Window displays shall reflect the retail
emphasis.
4. Certain activities which require a hazardous material plan are permitted
subject to permitting or licensing by an authorized public agency charged with the
responsibility to protect the public health and welfare regarding the involved
hazardous material. Examples: swimming pool and spa supply, photo finishing,
dental office.
5. The activity complies with applicable off-street parking standards including
shared parking arrangements specified in the off-street parking ordinance.
19.60.060 Development Standards.
Table 19.60.060 sets forth the rules and regulations pertaining to the development
of property located in the General Commercial (CG) zoning district.
Table 19.60.060: Development Standards
A. Lot Area and Coverage No minimum lot area or coverage. However, if
specified in the General Plan or applicable
Specific Plan, must comply with that standard.
Must have sufficient area to satisfy off-street
parking and loading requirements contained in
this title.
B. Height of Buildings
and Structures
30 feet unless otherwise permitted by the General
Plan or applicable Specific Plan.
C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space – Setbacks
are established based upon policies contained in the General Plan and/or
applicable Specific Plan. When setbacks are not established in other land use or
zoning documents, the setbacks in the CG zone shall apply.
1. Front Yard Established based upon special policies contained
in the General Plan and/or applicable specific plan
to:
Insure sufficient space to provide adequate
light, air and visibility at intersections;
Assure general conformity to yard
requirements of adjacent or nearby zones, lots
or parcels; and
Promote excellence of development.
2. Minimum Side and Rear
Yard
No side or rear yard setback required unless lot
abuts any residential or agricultural-residential
zone in which case the following regulations
apply:
a. Side Yard Setback
i. Interior Side 12 feet, or a total setback equal to one foot of
additional setback for each foot of height of a
commercial building measured from its eave line
or top of parapet, whichever is more restrictive.
ii. Street Side of Corner Lot 12 feet
b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half
feet of additional setback for each foot of height of
a commercial building measured from its eave line
or top of parapet, whichever is more restrictive.
D. Noise Standards –
1. New Construction and uses that have a high probability of generating noise
that adjoin residential districts shall be:
a. Exterior Walls Designed to attenuate all noise emanating from
interior retail space.
b. Loading Docks and
Doors
Located away from residential districts. Required
Fire Doors are excluded.
c. Mechanical and other
equipment
Air conditioning, exhaust fans, and other
mechanical equipment shall be acoustically
isolated to comply with the noise ordinance
d. Sound Wall Install a minimum eight-foot-high masonry sound
wall on or adjacent to the common property line
e. Acoustical Engineer Design and operational space must be certified by
an acoustical engineer that the above sound
attenuation measures comply with the intent of the
regulation and the City's community noise
ordinance
2. In addition to (1) above, retail structures in a mixed-use residential
development shall employ noise attenuation techniques recommended by an
acoustical engineer to comply with the community noise ordinance.
E. Odors – New construction and uses that have a high probability of generating
odors adjoining residential developments or in mixed-use residential
developments shall employ odor abatement techniques, including but not
limited to, the installation of activated charcoal filtration systems and/or similar
odor abatement systems certified by an air quality specialist for use.
F. Lighting – New lighting fixtures for any new site construction or building
improvements: shall meet the requirements in Chapter 19.102
G. Landscaping Plan 1. Shall be designed to provide an effective year-
round landscaping screen in the setback area
adjoining any lower-density residential property.
The intent of the plan is to screen the building
from the rear yard of a residence within five years.
2. Shall be maintained, with appropriate irrigation,
provided to all landscaped areas.
3. Shall comply with the requirements of Chapter
14.15 of the Municipal Code.
4. Shall be subject to the requirements of Chapter
14.18 of the Municipal Code.
H. Utilities 1. The following amenities and utilities shall be
installed subject to the specifications of the
subdivision ordinance:
a. All utilities, including water, gas, sanitary and
storm sewers, underground power systems,
and
b. Amenities including, lighting electroliers,
curbs, gutters, streets and sidewalks and
c. Connections to main systems shall be installed
subject to the specifications of the subdivision
ordinance of the City.
2. All wires, pipes, cables, utilities and connections
shall be placed in underground or subsurface
conduits subject to the specifications of the
subdivision ordinance of the City.
3. Underground vaults, or, utility spaces
integrated within buildings, if allowed, or
alternatively, well screened areas, if underground
vaults or spaces integrated within buildings are
deemed to be infeasible by the City Engineer and
the Director of Community Development, must be
provided for the installation of the necessary
utilities.
I. Mechanical Equipment Air conditioning, exhaust fans, and other
mechanical equipment shall be visually screened.
Ordinance No. 24-2266
Final Audit Report 2024-10-17
Created:2024-10-17
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAArPbiMxwRsCxFNWWKf5X0YgeQr8H0h-FK
Ordinance No. 24-2266" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
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Agreement completed.
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby
certify the attached to be a true and correct copy of Ordinance No.
24-2266 which was enacted on October 15, 2024, and that it
has been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 22nd day of October 2024.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California