Ordinance 1484 ORDINANCE NO. 1484
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING ORDINANCE NO. 002(d) AS DESCRIBED IN SECTION 2 HEREIN,
AND ESTABLISHING AN ORDINANCE REGULATING
PRIVATE RECREATION(FP)ZONES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1: AMENDMENT
Section 1.1: Ordinance 002(d) is hereby amended by adding this Ordinance No. 1484.
SECTION 2: REPEALING CLAUSE/AMENDMENT OF TITLE
Section 2.1: All ordinances heretofore enacted in conflict with this Ordinance No.1484 are repealed to the
extent that they vary from the provisions of this Ordinance.
Section 2.2: The Title of Ordinance 002(d) "Agricultural-Recreational Zone" is hereby deleted; henceforth,
said Ordinance is entitled "Private Recreation Zone."
SECTION 3: PURPOSE
Section 3.1: The purpose of creating a Private Recreation (FP) Zone is to facilitate zoning under use permit
controls which promote privately-sponsored business enterprise for the cultural and recreational needs of the
community which are distinct from,and yet serve as an enhancement to the organized activity and passive open
space uses traditionally provided by the public sector on City or regional parklands.
The FP zoning ordinance is intended to encourage a diverse range of recreational development by private
interests. At the same time, the use intensity of any site in the FP zone is determined by application of
performance standards which ensure a compatible fit with the site's geographic and environmental setting.
SECTION 4: APPLICATION
Section 4.1: No building or structure or land shall be used, and no building or structure shall be hereafter
erected, structurally altered or enlarged in a Private Recreational Zone otherwise than in conformance with
the following provisions:
A) Uses, buildings and structures lawfully in existence at the time this Ordinance No.1484 takes effect may
remain as long as no alterations take place,and
B) Except on those legal, non-conforming structures or parcels of land as permitted by the City's Ordinance
regulating non-conforming uses,or its successor.
SECTION 5: DEFINITIONS
Section 5.1: Words and terms contained within this Ordinance shall be applied according to their meaning
in common speech. Such terms as are defined herein shall take precedence when their meaning appears to
conflict with common speech.
Section 5.2: Amusement Park A commercial facility which supplies various forms of indoor and outdoor
entertainment and refreshments.
Section 53: Card Club: An establishment offering play or observation of play of licensed games of
chance, but not including participation in the California State Lottery.
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Section 5.4: Equestrian Center. 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.
Section 5.5: Mitigation of Impact Shall generally mean to alleviate the affects of an activity to a level
of insignificance.
Section 5.6: Nightclub: An establishment primarily providing alcoholic beverage service and late
evening (past 11:00 p.m.)entertainment, with or without food service.
Section 5.7: Personal Fitness Training Center. 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.
Section 5.8: Picnic Area: A facility providing tables and cooking devices for preparation and
consumption of meals out of doors or within an unendosed shelter structure.
Section 5.9: Practice Range: A facility providing controlled access to fixed or movable objects which are
used to test and measure accuracy of discharge from a weapon.
Section 5.10: Residence,Caretaker's or Security Officer's: One dwelling unit for an owner, manager,
operator, watchman or employee and his/her immediate family living on the premises for
purposes of protecting or maintaining the principal use.
Section 5.11: Rural Context: Site area located on lands west of the 440 ft. contour level, as said contour is
depicted in Appendix "A" of the City of Cupertino General Plan.
Section 5.12: Semi-Rural Context; Site area located on lands inclusive of the Stevens Creek Floodplain
westerly to the 440 ft. contour level, as said contour is depicted in Appendix "A" of the City of
Cupertino General Plan.
Section 5.13: Urban Context Site area located within the city limits of Cupertino not situated within
the Rural Context or Semi-Rural Context as defined in Sections 5.11 and 5.12 of this Ordinance,
respectively.
SECTION 6: PERMITTED USES
Section 6.1: Zoning Designation: The Ordinance rezoning each property or parcel to the Private Recreation
(FP) zone classification shall include one of the suffixes in the table below, indicating the primary use intent
for the site. Uses authorized for any site are interchangeable between indoor and outdoor activity, and may
include activities listed under both Subdivision "i" and Subdivision "o" of Section 6.2, notwithstanding the
suffix designation.
Activity Suffix Complete Use Characteristics
Characterization• Symbol
Indoor -i FP-i Uses oriented primarily to activites which take
place within an enclosed structure,and as listed in
Section 6.2, Subdivision "i".
Outdoor -o FP-o Uses oriented to activities which are not conducted
in enclosed structures,and as listed in Section 6.2,
Subdivision "o"
Section 6.2: Conditional Uses — Use Permit Required: The following uses may be permitted in Private
Recreation (FP) zones, subject to the securing of a conditional use permit in each separate case. At the inception
of a rezoning to the FP classification, said rezoning shall be accompanied by a simultaneous request for Use
Permit approval. The Use Permit review procedure shall be similar to that followed for use permits in the
Planned Development zone,as described in Section 6.2(d) of Ordinance 652.
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SUBDMSION"o"—Outdoor Uses
1) Equestrian center including riding academies,stables and horse rental
2) Practice range for archery or firearms
3) Golf course with or without driving range
4) Swim and racquet club
5) Swimming,diving or related sports center
6) Picnic areas
7) Racquet sports center for tennis, racquetball, badminton and similar activities
8) Specialty outdoor activity center encompassing one or more of the following or similar uses:
a) Roller skating
b) Skateboarding
c) Lawn bowling, Bocce ball
d) Miniature golf
e) Waterslide
9) Commercial athletic field for one or more of the following or similar uses:
a) Baseball, softball or batting cage training
b) Football
c) Soccer
d) Volleyball
e) Field hockey
f) Basketball
10) Amusement parks with or without rides or live entertainment
11) Bicycle moto-cross course/go-kart track or similar specialty raceway, but excluding facilities for
racing of automobiles or motorcycles
12) Air sports field for hang gliding, ultralight aircraft or ballooning, but excluding common carrier
passenger aircraft service
13) Other outdoor recreation uses which are found by the City Council or Planning Commission to be of
similar intensity and characteristics of use to those enumerated in this subdivision
SUBDIVISION"i"—Indoor Uses
14) Museums and galleries
15) Theaters for film,stage or music entertainment
16) Specialty indoor activity center encompassing one or more of the following or similar uses:
a) Bowling,
b) Video games
c) Pool, Billiards
d) Martial arts
e) Ice or Roller Skating Rink
17) Personal fitness or sports training center with primary location of facilities and equipment enclosed
within a structure.
18) Dance hall or facility for dance instruction
19) Other indoor recreation uses which are found by the City Council or Planning Commission to be of
similar intensity and characteristics of use to those enumerated in this subsection
Section 6.2.1 Development Plan Required: A Development Plan shall be approved in conjunction with
each request for rezoning to the FP district,or with each separate use permit application subsequent to such
rezoning. The Development Plan shall include,but shall not be limited to the following content:
A) Architectural theme of the development; the location of buildings, building heights, allocation of floor
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area.
B) Definition of uses within said buildings, a use distribution table setting forth the property size, and the
amount of land devoted to the principal recreation use or uses and support activities.
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C) Depiction of surrounding uses at least 100 feet in each direction from the perimeter of the project;
existing and proposed private and public streets which provide ingress and egress to the site; the
location of driveway aprons and pedestrian paths.
D) A drawing describing the areas to be landscaped within the development including areas adjacent to
streets.. The functional aspects of landscaping design shall be described, including but not limited to
how landscaping is used to screen parked vehicles, to enhance the enjoyment of activity areas or
separate activity areas from adjoining uses, and provide an aesthetically pleasing design element.
E) A description of the phasing of construction for the development, including a tentative time schedule
and plan describing the extent of building square footage and land area involved with each phase of
the development.
Section 63: Subsidiary Uses: The following uses may be permitted with a use permit when such uses are
intended:
A) To serve primarily the convenience of persons drawn to the site to engage in the activities authorized
thereon as the principal use
B) To operate in conjunction with,and be subsidiary to any of the principal uses described in Section 6.2:
1) Competition and tournament facilities including stadium seating, concession stands and box
office/ticket sales for on premises events only
2) Restaurant without separate bar facility
3) Repair Shop servicing equipment associated with the activities authorized under the principal use
permit
4) Retail sales of equipment and supplies customarily associated with the activities authorized under
the principal use permit.
5) Caretaker's or Security Officer's Residence
6) Other uses deemed by the Planning Commission or City Council to be subsidiary to the principal use
authorized on the site.
Section 6.4: Excluded Uses: The following uses shall not be allowed in a Private Recreation(FP) zone:
1) Card Clubs and similar businesses operating games of chance
2) Nightclubs
3) Other uses which are found by the Planning Commission or City Council to be in conflict with the
objectives of the FP zoning district as stated in Section 3 of this Ordinance.
SECTION 7: PERFORMANCE STANDARDS
Section 7.1: General: Individual use permit requests for development of facilities in the FP Zone shall be
subject to application of performance standards. The Performance Standards and Potential Mitigation
Strategies listed in Section 7.2 shall:
1) Serve as guidelines applied by the Planning Commission and City Council in a manner which best
accomplishes the intent of the FP Zone
2) Ensure adequate mitigation of potentially detrimental impacts associated with a specific use in a
specific location.
Section 7.1.1: Priority of Recreational Development: The City Council may approve a private recreational
use which is found to be inconsistent with any minimum performance standard stated in this Ordinance upon
finding that:
1) There is an offsetting factor of need for that use
2) The use is of interest to residents of Cupertino over uses which draw from a regional area.
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Section 7.2: Impact Mitigation Standards: The following chart shall be used to determine the level of
minimum performance appropriate to each category in which one or more significant impacts may occur to
adjoining property and/or to the community at large as a result of any new or expanded use in the FP zone. The
City may impose specific mitigation strategies as conditions of Use Permit approval to ensure compliance with
the General Performance Standards,except as noted in Section 7.1.1 above:
PERFORMANCE STANDARDS
CATEGORY CRITERIA
NOISE General Standards:
Adjoining properties shall be protected from noise levels exceeding Noise
Ordinance standards
Potential Mitigation Strategies:
1) Provide physical barrier between noise source and sensitive receptor
2) Limit hours of operation
3) Prepare noise report describing detailed mitigation solutions
TRAFFIC General Standard:
1) Conform to Extraordinary Use Policy for uses located in urban settings
2) Maintain existing LOS for non-urban street system locations
Potential Mitigation Strategies:
1) Prepare traffic report to ensure compliance with 16 trip/acre standard
2) Provide off site raodway capacity improvements
3) Limit hours of operation or peak hour activity
INTRUSION General Standard:
Adjoining properties shall not be subject to intrusion from dust, odor, direct
visual access or glare from artificial lighting
Potential Mitigation Strategies:
1) Provide visual barrier between activity area and adjoining properties
2) Specify cleanup interval for waste removal/dust control
3) Control ventilation of fossil fuels and other combustibles
4) Employ shielded lighting fixtures near roadways, homes or parks
LANDSCAPE General Standard:
1) Provide extensive landscaping for functional and decorative purposes where
context so demands
2) Maintain and enhance natural landscape elements in rural and hillside areas
Potential Mitigation Strategies:
1) Use street frontage landscaping to reinforce neighborhood setting
(setbacks, plant types, tree spacing)
2) Use interior perimeter landscaping to control visual intrusion, separate
conflicting uses, offset large impervious surface areas
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3) Preserve healthy native tree specimens,especially Oaks and Redwoods
4) Select plant palette to complement natural materials and landforms
5) Minimize disturbance of natural grade; avoid exaggerated pad elevations
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PERFORMANCE STANDARDS
CATEGORY CRITERIA
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CONTEXT General Standards:
Prolea design ihould complement the principal activity obiective for
the site's geographic setting.
Potential Mitigation Strategies:
1) Rural Context:
Preserve hillsides as quiet residential and open space areas
2) Semi-Rural Context
Preserve delicate natural ecology of floodplain and lower foothills
3) Urban Context:
Maximize recreation potential where population is most highly
concentrated
BUILT FORM
General Standard:
1) Establish budding height and coverage In scale to surrounding structures
2) Maintain a predominantly open site (or outdoor recreation use areas
Potential Mitigation Strategies:
1) Define setbacks to control shadowing and to offset building mass
2) Limit building coverage, parking, driveways to a minor percentage of
of land area for outdoor recreation Mee
3) Employ grade depressions and banning to control visual Impacts to
streets and other public areas
SECTION 8: INTERPRETATION BY THE COMMUNITY DEVELOPMENT DIRECTOR
Section 8.1: The Community Development Director shall be empowered to make reasonable interpretations
of the regulations and provisions of this Ordinance, consistent with the legislative intent thereof. Persons
aggrieved by an interpretation of the Ordinance by the Community Development Director may petition the
Planning Commission in writing for review of said interpretation.
SECTION 9: SEVERABILITY CLAUSE
Section 9.1: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The
legislative body hereby declares that it would have passed this Ordinance and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared unconstitutional.
SECTION 10: PUBLISHING CLAUSE
Section 10.1: The City Clerk is hereby authorized and directed to cause a certified copy of this Ordinance to
be published at least once within fifteen (15) days after its enactment in the Cupertino Courier, the official
newspaper of the City, published and circulated in the City of Cupertino.
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SECTION 1L• EFFECTIVE DATE
Section 11.1: This Ordinance No. 1484 shall take effect and be in full force thirty (30) days after its
enactment.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino on thisia_day ofMarch and
ENACTED at a regular meeting of the City Council of the City of Cupertino this20 day of March , by the
following vote:
VOTE: COUNCIL MEMBERS
AYES: Gatto, Johnson, Koppel, Plungy
NAYS: None
ABSTAIN: None
ABSENT: Rogers
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ John J. Plyl►Q},,_,IL,
Dorothy Cornelius John Plungy
City Clerk Mayor