Ordinance 002(x) AL 50,000. 1
June 6 , 1967
CITY OF CUPERTINO
California
OP, MP ORDINANCE NO. 002(x)
002(x) AN ORDINANCE OF THE CITY OF CUPERTINO REGULATING
PLANNED OFFICE (OP) ZONES AND PLANNED INDUSTRIAL
PARK (MP) ZONES
Section THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
1 REPEALING CLAUSE
Ordinances No. 002(h) and 002(p) are hereby repealed as of
the effective date of this ordinance. The content of these
repealed ordinances is retained in this Ordinance No. 002(x) .
Certain requirements for OP Zones are extended to MP Zones,
and vice versa. A section requiring a Development Plan is
added.
2 INTERIM NATURE OF THIS ORDINANCE
• This Ordinance is introduced and enacted in order to make
certain needed adjustments in the requirements of Ordinances
No. 002(h) and 002(p) . It is understood, that this Ordi-
nance No. 002(x) may be changed when later made a part of the
entire revised Zoning Ordinance.
3. PURPOSE: MINIMUM AREA TO BE REZONED
This Ordinance is designed to provide regulations for parcels
or combinations of parcels of land of 25 acres or more on
which development of professional administrative and light
industrial parks is deemed appropriate.
4 USES PERMITTED
4.1 Planned Office Zones :
a. Professional offices
b. Executive and administrative offices
c. Medical and allied laboratories
d. Research and development (no product for final
consumption)
4.2 Planned Industrial Park Zones:
All uses stated in the above sub-paragraph; also light manu-
facturing, processing, assembling and storage of products
and materials.
(1-103)
a
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AL 50,000.1
June 6 , 1967
002(x) REGULATIONS FOR OP AND MP ZONES (continued)
Section
5 OFFENSIVE USES PROHIBITED
No use shall be allowed which is or will be offensive by reason
of the emission of dust , gas, smoke, noise, fumes, odors,
bright lights, vibrations , nuclear radiation, radio frequency
interference, or otherwise. Every use shall be operated in
such manner that the volume of sound inherently and recurrently
generated shall not exceed seventy-five (75) decibels at any
point on the property line on which the use is located, or
sixty (60)decibels at any point on the property line on which
the use is located where such property line abuts property
that is zoned for residential purposes. Noise and sounds
shall be appropriately muffled in such manner so as not to be
objectionable as to intermittent beat, frequency, or shrill-
ness. Provided further, that prior to issuance of a build-
ing permit , the Building Inspector may require evidence that
adequate controls, measures, or devices have been provided to
insure and protect the public interest, health, comfort, con-
venience, safety and general welfare from such nuisances.
6 LOT AREA, DIMENSIONS, AND COVERAGE
Minimum lot size: 1 acre
Minimum lot dimension in any direction: 150 ft.
Maximum building coverage: 40 percent
7 YARDS
7.1 Front Yard: 50 ft. in an OP Zone; 30 ft. in an MP Zone
Rear Yard : 30 ft. in an OP Zone; 25 ft. in an MP Zone
Side Yard : 20 ft. in an OP Zone; 25 ft. in an MP Zone
Side Yard (facing street or corner lot) :
50 ft. in an OP Zone; 25 ft. in an MP Zone
7.2 In addition to the requirements in the above subparagraph, no
structure other than a fence or wall not more than 6 ft. high
shall be located closer to a property line than the distance
equal to the height of the structure measured from natural
grade, except as required by Section 7.4 of this Ordinance.
7.3 No structure in excess of 35 ft. in height shall be located
closer to a residential zone than a distance equal to four
times its height.
(1-104)
4
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AL 50,000.1
Jan. 1, 1967
002(x) REGULATIONS FOR OP AND MP ZONES (continued)
Section
7 c'd YARDS
7.4 The minimum distance between a building in an OP or a MP Zone
and a Residential Zone shall be one hundred (100) ft. A
solid masonry wall or fence not less than six (6) ft. high
shall be located on the property line adjacent to a Residen-
tial Zone, if required by the Planning Commission or the
Architectural and Site Control Committee. Otherwise, there
shall be a buffer area not less than twenty-five (25) ft.
wide adjoining a Residential Zone, landscaped as approved by
the Architectural and Site Control Committee.
8 DISTANCE BETWEEN BUILDINGS
In addition to the requirements in Section 6 of this Ordinance
No. 002(x) , there shall be a minimum distance of 30 ft. be-
tween buildings on the same lot; except for building complexes
of similar architecture on lots of 10 acres or more.
9 BUILDING HEIGHT
•
9.1 Building height shall not exceed three (3) stories nor forty
(40) ft. to top parapet wall. The height of a radio or TV
aerial, elevator penthouse, utility structures and necessary
mechanical appurtenances constructed on a roof shall not be
counted in determining building height. The approval of the
Architectural and Site Control Committee must be secured for
any of the foregoing items extending above the roof line of
the building.
9.2 The above Section 9.1 notwithstanding, higher number of stories
than three (3) and greater height than forty (40) ft. will be
permitted for buildings so designated in a Development Plan;
subject to the restrictions and procedures in Ordinance 220(g) ,
Section 69.1 and 69.4.
10 FENCES, HEDGES AND WALLS
10.1 No fence, hedge or wall shall be higher than two and one-half
(211) ft. within a front yard. All planting, fencing and walls,
including, but not restricted to fences and walls along rear
and side property lines, shall be as approved by the Architec-
tural and Site Control Committee.
11 SIGNS
11.1 Signs shall be subject to the provisions of the Sign Ordinance
of the City of Cupertino No. 89, 89(b) , and 121.
(1-105)
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AL 50,000.0
Jan. 1, 1967
002(x) REGULATIONS FOR OP AND MP ZONES (continued)
Section
12 OFF-STREET PARKING
12.1 The developer must provide sufficient off-street parking and
access lanes to accommodate the permanent working force within
the building to be constructed as well as any and all visitors
to the buildings. As a minimum, one car space shall be pro-
vided for each 1.3 employees working within the area, or:
a. In an OP Zone: One car space for each 150 sq.ft. of gross
floor area in buildings; or
b. In an MP Zone: One car space for each 250 sq.ft. of
building floor area exclusive of halls ,
rest rooms, vaults, elevator shafts,
lunch rooms, and building maintenance
area,
whichever number of car spaces is greater.
12.2 A parking space shall be defined as 20 ft. x 10 ft. plus
sufficient pavement for ingress and egress. Off-street
parking will not be allowed within the required front yard
nor in any required side yard facing the street on a corner
lot, and shall not occupy space provided in satisfaction of
loading area requirements.
13 LOADING SPACE
13.1 In addition to parking space required by Section 12 of this
Ordinance No. 002(x) , there shall be provided at least one (1)
permanently maintained loading space not less than ten (10) ft.
in width, thirty (30) ft. in length, and fifteen (15) ft.
high for each 20,000 sq.ft. of gross building floor area or
fraction thereof. All loading space shall have ingress and
egress from alleys or service drives. Loading space may not
be located within the required front yard or in any required
side yard facing the street on a corner lot.
14 UTILITIES
14.1 All utilities including water, gas, sanitary and storm sewers,
underground power systems, electroliers, curbs, gutters,
streets and sidewalks and connections to main systems shall be
installed subject to the specifications of the subdivision
ordinance of the City. All wires, pipes, cables and utility
connections shall be placed in underground or subsurface con-
duits. An underground vault or well screened area must be pro-
vided by the developer for the installation of the necessary
transformers to convert power to that required by a user.
(1-106)
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AL 50,000.1
Jan. 1, 1967
002(x) REGULATIONS FOR OP AND MP ZONES (continued)
Section
15 DEVELOPMENT PLAN
15.1 A Development Plan, or successive modifications or additions
to the Development Plan shall be submitted to the Planning
Commission for approval. Such Plan shall comprise enough
area to make possible, in the judgment of the City Planner,
an evaluation of the overall effect of the separate build-
ings and activities in each part of the development on the
development and on adjacent areas.
15.2 A Development Plan shall include:
a. Types of buildings and location of areas which may
be covered by buildings now or in the future.
b. Proposed system of public and private streets including
cross-sections for all types of streets.
c. General type of landscaping.
d. Other information which may be requested by the
• Planning Commission or the City Planner.
16 ARCHITECTURAL AND SITE APPROVAL
16.1 OP and MP Zones are subject to Architectural and Site review,
as set forth in Ordinance No. 306 of the City of Cupertino,
defining the function of the Architectural and Site Control
Committee.
17 OCCUPANCY PERMIT
17.1 No building or structure hereafter erected shall be occupied
until written notice has been received by the Building
Official of the City that it is ready for occupancy, inspection
has been made that it is in conformity with the Ordinances of
the City and an occupancy permit issued therefore by the Build-
ing Official of the City.
17.2 In the event landscaping is not completed at the time of
occupancy due to weather conditions, a bond shall be posted
with the City Clerk in the amount to be determined by at least
two (2) lawful bids.
18. PENALTIES
18.1 Any person, firm, corporation, partnership, or copartnership
who willfully violates any of the provisions, or fails to com-
ply with any of the mandatory requirements of this ordinance,
is guilty of a misdemeanor, and upon conviction thereof, shall
be punishable by a fine not to exceed $500 or by imprisonment
not to exceed six (6) months, or both fine and imprisonment,
except that nothing herein contained shall be deemed to bar any
k
(1-107)
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AL 50,000.0
Jan. 1, 1967
002(x) REGULATIONS FOR OP AND MP ZONES (continued)
Section
18 c'd PENALTIES (continued)
18.1 legal, equitable, or summary remedy to which the City of
Cupertino or other political subdivision, or any person,
firm, corporation, partnership, or copartnership may
otherwise be entitled, and the City of Cupertino or any
other political subdivision or person, firm, corporation,
partnership, or copartnership may file a suit in the
Superior Court of the County of Santa Clara, to restrain
or enjoin any attempted or proposed subdivision, or acts,
in violation of this ordinance.
19 SEVERABILITY
19.1 If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held by a Court of com-
petent jurisdiction to be invalid, such decision shall not
affect the validity of the remaining portions of this
ordinance. The City Council of the City of Cupertino hereby
declares that it would have passed this Ordinance and each
section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses or phrases be held invalid or
unconstitutional.
20 PUBLISHING CLAUSE
20.1 The City Clerk is hereby authorized and directed to cause a
copy of this Ordinance to be published, verbatim or condensed,
at least once within fifteen (15) days after its enactment in
the Cupertino Courier, the official newspaper of the City of
Cupertino. This ordinance shall take effect and be in force
thirty (30) days after its enactment.
INTRODUCED at a regular meeting of the City Council of the
City of Cupertino, on the 17th day of May, 1965, and ENACTED
at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 1965, by the following vote:
AYES : Councilmen: Finch, Fitzgerald, Noel, Dempster
NAYS : None
ABSENT: Councilman: Stokes
APPROVED:
/s/ J. Robert Dempster
Mayor, City of Cupertino
ATTEST:
/s/ Lawrence K. Martin (1-109)
City Clerk
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