1998 AugustSUIPPLEMENT
INSEI~TION GUIDE
CUPERTINO MUNICIPAL CODE
August, 1998
(Covering Ordinances through 1792)
This supplement consists of reprinted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages: '
This Guide for Insertion should be retained as a permanent record of pages
supplemented and should be inserte:d in the front of the code.
Remove Pages Insert Page;;
Preface ............... PrefaG:
Checklist ........... Checklist
TEXT
2 3-24 ...............23-2~ 1
31-34 ........ .......31-3' 1
445-448 ...... ..... 445--443
481 .......... ......... 481
501-504 ...... ..... 501-Saf
569-570 ...... ..... 569-570
573-586-1..... .....573-585
588-9-588-14 .. . 588-9-588-13
588-22588-22b .......... .
...........588-22a--588-22 b
5 88-29-5 88-32 . .......... .
............ 588-29-588-32
588-35-588-38b . .......... .
............ 5 88-35-588-38a
5 8 8-43-5 8 8-44 . .......... .
............ 588-43-588-44
Remove Pages Insert Pages
588-49-588-52 ........... .
............ 5 88-49-5 88-52
588-55-588-58 ........... .
............588-55-588-58a
588-65-588-68 ........... .
.......... 588-65-588-66/68
588-73-5 88-74 ........... .
............ 588-73-588-74
588-95-588-100........... .
........... 588-95-588-100
TABLES
614-5-614-8 ..... 614-5-614-8
614-11-614-12 ........... .
............ 614-11-614-12
INDEX
625-626 ........... 625-626
663-676 ........... 663-673
PREFACE
The Cupertino Municipal (:ode, originally published by Book
Publishing Company in 1973, has been kept current by regulaz
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the direction of Mr. David H. Adams, city
attorney.
The code is organized by subject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each sf;ction number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 17.12.050 is Section .050, located in Chapter 17.12 of
Title 17. Inmost instances, sections aze numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate futire provisions. Similazly, chapters
and titles aze numbered to provide for internal expansion.
In parentheses following each section is a legislative history
identifying the specific sotiirces for the provisions of that
section. This legislative hisb~ry is complemented by an ordi-
nance disposition table, following the text of the code, listing by
number all ordinances, their :subjects, and where they appear in
the codification.
Footnotes referring to aF~plicable statutory provisions are
located throughout the tent. A subject-matter index, with
complete cross-referencing, l~xates specific code provisions by
individual section numbers.
This supplement brings ttie code up to date through Ordi-
nance 1792, passed July 20, 1998.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 8-98)
CHECKLIST
CUPERTINO :1ZUNICIPAL CODE
This checklist is included to provide a positive; means for ascertaining whether your code contains all
current pages. After insertion of the 8-98 supplement, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it has been listed individually.
Page Number Date
Title 1:
1 .............................. 1-9~~
3-15 .......................... 12-9_'~
Page Number Date
100-5-100-6 .................... 12-95
100-7-100-8 .................... 12-96
100-9-100-12 .................... 9-92
100-13-100-14 .................. 12-96
Title 2:
17 ............................. 8-97
19-20 .......................... 5 -9 F.
20-1-20-6 ....................... 8-97
21-22 ......................... 12-9~;
22-1-22-3 ...................... 12-9°.
23-24 .......................... 8-9F;
24a-24b ........................ 1-9_'~
25-30 ......................... 12-9'.
31-34 .......................... 8-9F;
35-51 ......................... 12-9_°~
52/5 8 .......................... 12-9'.
59-60 .......................... 3-85~
61-63 .......................... 5-9E.
64/66 ........................... 5-9E.
67-70 ....................... (no date;i
70-1-70-2 ...................... 12-9~;
70-3-70-4 ...................... 12-9 l
70-5-70-8 ....................... 5-9E.
70-9 ............................ 5-9_'~
Title 4:
101 ......................... (no date)
Title 5:
103 ........................... 12-96
105-106 ....................... 12-95
107-108 ........................ 2-93
109-110 ....................... 12-95
111-114 ........................ 2-93
115-117 ....................... 12-95
119-124 ....................... 12-96
125-128 ........................ 5-96
129-130 ....................... 12-96
130-1 .......................... 12-96
131-132 ....................... 12-95
133-134 ....................... 12-96
135/ 141 ........................ 12-95
142-1-142-4 .................... 12-96
Title 3:
71 ............................ 12-9_'~
7 3-77 ......................... 12-9 E.
78/86 .......................... 12-9E.
87-88 ....................... (no date;i
89-100 ........................ 12-9E.
100a-100b ..................... 12-9E.
100-1-100-2 ..................... 2-9?•
100-2a .......................... 2-9~c
100- 3-100-4 ..................... 5 -92
Title 6:
143-150 ........................ 5-96
151 ........................... 12-96
152/156 ........................ 12-96
157-158 ....................... 10-93
159-160 ....................... 12-91
161-162 ....................... 12-96
162-1-162-2 .................... 12-96
163-164 ....................... 12-95
165 ........................... 12-96
166/180 ........................ 12-96
1 (Cupeclino 8-98)
Page Number Date
Title 7:
181 ......................... (no date)
Title 8:
183-204 ........................ 5 -94
204-1-204- 3 ..................... 5 -94
Title 9:
205 ............................ 2-93
207-208 ..................... (no date)
209-210 ....................... 12-96
210-1-210-6 ..................... 3-96
210-7 .......................... 12-96
210-9 ........................... 5-96
211-212 ..................... (no date)
213-214 ........................ 5-96
215-216 ....................... 12-96
217-218 ........................ 5-96
219-220 ..................... (no date)
221-222 ........................ 5 -96
223-224 ........................ 3 - 8 7
225-234 ........................ 5-96
235-239 ....................... 12-96
240/242 ........................ 12-96
242-1-242-8 ..................... 9-91
243 ........................... 12-96
Title 10:
245-25 8 ....................... 12-96
258-1 ........................... 9-92
259-277 ....................... 12-96
278/278-2 ....................... 12-96
278-2a-278-2b .................... 1-95
279-281 ....................... 12-96
Title 11:
283 ........................... 12-96
285-290 ........................ 5-95
291-292 ....................... 11-97
292-1 .......................... 11-97
293-294 ........................ 8-94
295-296 ....................... 11-97
Page Number Date
296-1 .......................... 12-87
297/299 ........................ 11-86
301-304 ....................... 12-96
305-308 ....................... 11-97
309 ........................... 12-96
311-312 ........................ 3-87
313-314 ........................ 5-98
315-316 ........................ 8-96
317-318 ........................ 2-97
318-1 ........................... 8-94
319-320 ....................... 12-96
320a ............................ 5-95
320-1-320-2 ..................... 5 -98
320-3 ........................... 5-96
321-322 ........................ 9-89
322-1 ........................... 9-89
323-324 ....................... 12-87
325-326 ....................... 11-86
327-328 ....................... 11-97
329-3 32 ....................... 12-96
3 32-1 .......................... 12-96
333-334 ....................... 11-86
334-1-334- 3 .................... 12-96
335-338 ..................... (no date)
339-340 ....................... 12-96
340-1 ........................... 3-88
341-342 ....................... 12-87
342-1-342-2 .................... 12-96
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
Title 14:
355 ........................... 12-96
357-35 8 ........................ 8-94
359-360 ........................ 3-89
360-1 ........................... 3-89
361-362 ........................ 8-94
362a ............................ 8-94
(CupeMSno 8-98) 11
Page Number Date
362-1-362-2 ..................... 2-9?~
363-366 ........................ 8-94~
366-1-366-2 ..................... 8-94~
367-368 ... .................. (no date;
368-1-368-4 .................... 12-9E~
369-372 ... .................. (no date)
373-376 ... .................... 12-96~
376-1-376-2 .................... 12-96~
376-2a ..... .................... 12-96~
376-3-376-4 ..................... 4-94~
377-378 ... .................... 12-96~
378-1-378-2 .................... 12-96~
378-3-378-4 ..................... 5-96
378-5-378-6 .................... 12-96~
379-382 ... .................. (no date)
383-385 ... ..................... 8-94
Title 15:
387-394 ........................ 5-98
395/411 ......................... 5-98
Title 16:
413- 16 ........................ 5 -9 8
41718 ........................ 2-97
419-~44 ........................ 5-98
44548 ........................ 8-98
448-1 ........................... 5-98
449-454 ....................... 10-93
45 5-464 ........................ 5 -9 8
464-1-~64-2 ..................... 3-96
464-2~-464-2j .................... 3-96
464- 3-464-4 ..................... 5 -9 8
464-4a-464-4c .................... 5-98
464-5-464-12 ................... 10-90
46567 ........................ 5-98
468/474 ......................... 5-98
474-1-474-2 ..................... 3 - 8 8
475-480 ........................ 5-98
480-1 ........................... 5-98
Title 17:
481 ............................ 8-98
Page Number Date
483-484 ........................ 8-97
485-48 8 ....................... 10-9 3
489-490 ........................ 5-96
491---492 ....................... 10-93
493-494 ....................... 12-94
494-1 .......................... 12-94
495-496 ....................... 10-93
497-500 ........................ 8 -97
500-1 ........................... 8 -97
501-504 ........................ 8-98
505/515 ........................ 12-96
Title 18:
517-568 ....................... 12-95
568-1-568-6 .................... 12-95
Title 19:
569-570 ........................ 8-98
571-572 ....................... 12-94
573-586 ........................ 8-98
587-588 ........................ 2-93
588-1-588-6 ..................... 7-95
588-6588-6b .................... 7-95
5 8 8 -7-5 8 8- 8 ..................... 4-94
5 8 8-9-5 8 8-12 .................... 8-98
588-12a-588-12b .................. 8-98
588-13 .......................... 8-98
588-14588-14b .................. 5-98
588-14c ......................... 7-95
5 8 8-15-5 8 8-16 ................... 2-93
588-17-588-18 .................. 12-96
588-19-588-22 ................... 8-96
588-22a-588-22b .................. 8-98
588-22c-588-22d ................. 12-96
5 8 8 -23-5 8 8 -24 ................... 7-95
588-24~--588-24b .................. 7-95
5 8 8 -25-5 8 8 -26 .................. 12-9 3
5 8 8 -27-5 8 8 -2 8 ................... 4-94
588-29-588-32 ................... 8-98
588-33-588-34 .................. 12-96
588-35-588-38 ................... 8-98
588-38a ......................... 8-98
111 (Cupertino 8-98)
Page Number Date
588-39-588-42 ................... 5-98
588-42a ......................... 5-98
5 8 8-43-5 8 8-44 ................... 8-98
588-45-588-48 ................... 2-93
588-49-588-50 ................... 8-98
588-SOa-588-SOb .................. 8-98
588-51-588-52 ................... 8-98
588-52588-52d ................. 12-96
588-52e-588-52h .................. 5-95
588-52i-588-52j .................. 12-96
5 8 8 -53-5 8 8 -54 ................... 2-9 3
588-55-588-58 ................... 8-98
588-58a ......................... 8-98
588-59-588-60 ................... 2-93
588-61-588-62 .................. 12-93
588-63-588-64 ................... 4-94
588-65-588-66/68 ................. 8-98
588-67-588-72 ................... 2-97
588-72a---588-72c .................. 2-97
5 88-73-5 88-74 ................... 8-98
588-74588-74b ................. 12-96
5 8 8-75-5 8 8 -76 ................... 2-97
588-76588-76c .................. 2-97
588-77-588-78 ................... 2-93
588-79-588-80 .................. 12-96
588-81-588-86 ................... 2-93
588-87-588-88 .................. 12-96
588-89-588-90 ................... 2-93
5 88-91-5 88-92 .................. 12-94
5 8 8 -93-5 8 8 -94 ................... 4-94
5 8 8-95-5 8 8-100 ................... 8-98
588-100x-588-100b ................ 5-98
Title 20:
588-101 ........................ 12-94
5 8 8-103-5 8 8-106 ................. 12-96
Tables:
589-590 ........................ 5-96
591-592 ........................ 5-98
593-594 ........................ 2-93
595-599 ....................... 12-96
Page Number Date
601-614 ........................ 5-98
614-1-614-4 ..................... 5 -9 8
614-5~ 14-8 ..................... 8-98
614-9-614-10 ................... 11-97
614-7-614-10 ................... 11-97
614-11-614-12 ................... 8 -9 8
Index:
615-616 ....................... 12-96
617-620 ........................ 5 -9 8
621-622 ........................ 8-97
623-624 ........................ 5 -9 8
624-1 ........................... 8-97
625-626 ........................ 8-98
6-27 ............................ 5-98
629/631 ......................... 3-96
633-638 ....................... 12-96
639-640 ........................ 5-98
641-642 ....................... 12-96
643-644 ........................ 5-98
645~i46 ....................... 11-97
647-G48 ........................ 5-98
648-1 ........................... 5-98
649-651 ....................... 12-96
652/654 ........................ 12-96
655-662 ........................ 5-98
663-673 ........................ 8-98
(Cl~peRino 8-98) 1V
2.16.010
Chapter 2.16
CITY COUNCIL~ALARIES*
Sections:
2.16.010 Statutory basis.
2.16.020 Amount of salary-Effective
date.
2.16.030 Reimbursement.
* For statutory provisions regarding salary schedules for city council-
men, see Gov. Code § 36516.
2.16.010 Statutory basis.
Section 36516 of the Government Code of the
State authorizes the City Council to enact an ordi-
nance providing that each member of the City
Council shall receive a salary in accordance with a
schedule set forth in said section. (Ord. 1792 (part),
1998: Ord. 1728 (part), 1996: Ord. 1660 (part),
1994: Ord. 393 § 1, 1969)
2.16.020 Amount of salary-Effective date.
A. Each member of the City Council shall re-
ceive asalary of five hundred thirty-five dollars and
eighty cents per month, or fraction thereof.
B. Upon beginning a new term of office for a
Councilmember, the Council shall receive a salary
of five hundred ninety dollars and seventy-one cents
per month, or fraction thereof. (Ord. 1792 (part),
1998: Ord. 1728 (part), 1996: Ord. 1660 (part),
1994: Ord. 1487, 1989: Ord. 1402, 1987: Ord. 1281,
1984: Ord. 977, 1980: Ord. 721 § 1, 1976: Ord. 393
§ 5, 1969)
2.16.030 Reimbursement.
The salaries prescribed herein are and shall be
exclusive of any amounts payable to each member
of the Council as reimbursement for actual and
necessary expenses incurred by him/her in the per-
formance of official duties for the City. (Ord. 1792
(part), 1998: Ord. 1728 (past), 1996: Ord. 1660
(part), 1994: Ord. 326 § 5, 1966)
23
(Cupcrtino 8-98)
2.18.010
Chapter 2.18
CITY ATTORNEY
Sections:
2.18.010 Office of the City Attorney
established.
2.18.020 Function and duties.
2.18.030 Council-Attorney relations.
2.18.040 Attorney-staff relations.
2.18.050 Relations between Attorney
and individual members of the
public.
2.18.060 Bond.
2.18.070 Acting City Attorney.
2.18.080 Agreements on employment.
2.18.090 Assistants and employees.
2.18.100 Eligibility.
2.18.110 Suspension-Removal-
Resignation.
2.18.010 Office of the City Attorney
established.
A. The office of the City Attorney, as set forth
in Government Code § 36505, is established. The
City Attorney shall be appointed by the City Coun-
cil wholly on the basis of his or her qualifications.
The City Attorney shall hold office for and during
the pleasure of the City Council.
B. The office of the City Attorney shall consist
of the City Attorney and such assistants as may be
authorized by the Council.
C. The City Attorney shall administer the office,
be responsible for the successful performance of its
functions, and shall serve under the direct supervi-
sion and control of the Council as its legal advisor.
D. The Council may retain or employ other
attorneys, assistants, or special counsel as may be
needed to take charge of any litigation or legal
matters or to assist the City Attorney therein. (Ord.
1673 § 1 (part), 1994)
2.18.020 Function and duties.
The functions of the office of the City Attorney
shall be to:
A. Advise the Council and all City officers in all
matters pertaining to their offices;
B. Furnish legal services at all meetings of the
Council, except when excused or disabled, and give
advice or opinions on the legality of all matters
under consideration by the Council or by any of the
boards, commissions, committees or officers;
C. Prepare and/or approve all ordinances, resolu-
tions, agreements, contracts, and other legal instru-
ments asshall berequired for the proper conduct of
the business of the City and approve the form of all
contracts, agreements, and bonds given to the City;
D. Provide the necessary legal services required
in connection with the acquisition of land or ease-
ments on behalf of the City;
E. Subject to the general direction of the Coun-
cil, prosecute and defend the City, and all boards,
officers and employees in their official capacities,
all civil proceedings before judicial and quasi-judi-
cial tribunals. The City Attorney shall not compro-
mise, settle or dismiss any action for or against the
City without permission of the City Council. Nor
shall the City Attorney commence any civil action
without the permission of the Council.
F. Prosecute all violations of City ordinance;
provided, however, that the City Attorney is not
required to prosecute any misdemeanor or infraction
within the City arising out of a violation of State
law. (Ord. 1673 § 1 (part), 1994)
2.18.030 Council-Attorney relations.
Individual Councihnembers may seek and obtain
legal advice from the City Attorney on any matter
or matters pertaining to the legal position of the
City. Any such advice given to individual
Councilmembers, however, may be repeated to the
entire Council at any regulaz or special Council
meeting. With respect to advice to individual
Councilmembers regarding potential conflicts of
interest, the City Attorney may render informal
advice; provided, however, that it is understood that
a Councilmember is automatically protected from
(Cupe,eno 8-98) 24
2.30.010
Chapter 2.30
CODE ENFORCEMENT OFFICER
Sections:
2.30.010 Office created.
2.30.020 Warrantless arrest power.
2.30.010 Office created.
The Code Enforcement Officer, or such person
authorized to act in that capacity during his periodic
of absence or leave, is designated Enforcemern:
Officer, and charged with the duty of enforcement
of the ordinances of the City, and the parking regu•~
lations of the California Vehicle Code. Such desig•~
nation shall not relieve any other officer of the City
who, in any other ordinance of the City, is designat•~
ed as the Enforcement Officer thereof, from his duty
to enforce such other ordinance. With respect to any
such other ordinances, the Code Enforcement Offi-~
cer, or such person authorized to act in that capacity
during his or her periods of absence or leave, shall.
discharge his or her duties under this chapter in.
cooperation with any such other officer. (Ord. 1697
(part), 1995: Ord 830 (part), 1977: Ord. 548 § 1,
1972)
2.30.020 Warrantless arrest power.
The Code Enforcement Officer, or such person.
authorized to act in that capacity during his or her
periods of absence or leave, is authorized and em-
powered to arrest a person without a warrant when-
ever he has reasonable cause to believe that the
person to be arrested has committed a misdemeanor
in his or her presence which is a violation of any
ordinance of the City or parking regulation of the
California Vehicle Code, or to issue a citation in
lieu thereof, as provided in Section 836.5 of the
Penal Code of the State of California. (Ord. 1697
(part), 1995: Ord. 830 (part), 1977: Ord. 548 § 2,
1972)
31
(Cupertino 8-98)
2.32.010
Chapter 2.32
PLANNING COMMISSION*
Sections:
2.32.010 Established.
2.32.020 Term of office of members.
2.32.030 Vacancy or removal.
2.32.040 Chairperson.
2.32.050 Meetings.
2.32.060 Amendments-Records
required.
2.32.070 Powers and functions.
2.32.090 Procedural rules.
* For statutory provisions regarding the establishment of a city
planning commission, see Gov. Code § 65100 et seq. -See Title
17, zoning.
Prior ordinance hiswry: Ords. 5, 5(b), 5(c), 5(d), 167, 1166, 1213,
1321, 1459, 1549 and 1697.
232.010 Established.
The City Planning Commission is established.
The City Planning Commission shall consist of five
members, none of whom shall be officials or em-
ployees of the City and none of whom shall cohabit
with as defined by law, nor be related by blood or
marriage to any other member of the Commission,
the City Manager or the staff person(s) assigned to
this Commission. The five members shall be ap-
pointed by the City Council. Each member shall be
a qualified elector in and resident of the City. Each
member shall receive compensation as established
by resolution of the City Council. (Ord. 1787 § 1
(part), 1998)
232.020 Term of office of members.
A. Commissioners serve at the pleasure of the
City Council. The term of office of the members of
the Planning Commission shall be four yeazs and
shall end on January 15th of the year their term is
due to expire. No commissioner shall serve more
than two consecutive terms except that a commis-
sioner may serve more than two consecutive terms
if he or she has been appointed to the Commission
to fill an unexpired term of less than two yeazs.
B. The appointment, reappointment and rules
governing incumbent members of the Commission
are governed by Resolution No. 7571 of the Cuper-
tino City Council. (Ord. 1787 § 1 (part), 1998)
2.32.030 Vacancy or removal.
Any appointed member may be removed by a
majority vote of the City Council. If a vacancy
occurs other than by expiration of a term, it shall be
filled by the Mayor's appointment for the unexpired
portion of the term. (Ord. 1787 § 1 (part), 1998)
2.32.040 Chairperson.
The commission shall elect its Chairperson and
Vice-Chairperson from among its members. The
terms of the Chairperson and Vice-Chairperson shall
be for one yeaz and shall begin on January 15th one
year and be complete on January 15th the following
year, unless the term of the officer as a member of
the Commission sooner expires, and until the suc-
cessor to each is duly appointed. (Ord. 1787 § 1
(part), 1998)
232.050 Meetings.
A. The City Planning Commission shall meet at
6:45 p.m., the second and fourth Monday of each
month. Meetings shall be held at City Hall, 10300
Torre Avenue, Cupertino, California. The Commis-
sion may adjourn any regular meeting to a date
certain, which shall be specified in the order of
adjournment. When so adjourned, such adjourned
meeting shall be a regulaz meeting for all purposes.
B. Special meetings of the Commission may be
called at any time by the Chairperson or by any
three or more members of the Commission upon
written notice being given to all members of the
Commission and received by them at least twenty-
four hours prior to the meeting, unless notice re-
quirement is waived in writing by the member.
(Ord. 1787 § 1 (part), 1998)
2.32.060 Amendments-Records required.
A. The affirmative vote of not less than a major-
ity of its total voting members is required to ap-
prove arecommendation to amend the zoning ordi-
(Cupertino 8-98) 32
2.32.060
Hance; the affirmative vote of a majority present
with a quorum present is required to take any other
action.
B. The Commission shall keep an accurate re•~
cord of its proceedings and transactions, and shall!,
render such reports to the Council as may be re-~
quired by ordinance or resolution, and shall submit:
an annual report to the Mayor. To accomplish this:
the Commission shall be famished with a secretary
employed by the City to keep accurate records oi'
the Commission. All records so prepared by the-
secretary shall be filed with the City Clerk. (Ord.
1787 § 1 (part), 1998)
2.32.070 Powers and functions.
The powers and functions of the City Planning:
Commission shall be as follows:
A. Prepare, periodically review, and revise as.
necessary, the General Plan;
B. Implement the General Plan through actions
including, but not limited to, the administration of
specific plans and zoning, subdivisions, and sign.
ordinances;
C. Annually review the capital improvement.
program of the City and the local public works
projects of other local agencies for their consistency
with the General Plan (pursuant to Article 7 of the
California Government Code);
D. Endeavor to promote public interest in, com-
ment upon, and understanding of the General Plan,
and regulation relating to it;
E. Consult and advise with public officials and
agencies, public utility companies, civic, education-
al, professional, and other organizations and citizens
generally concerning implementation of the General
Plan;
F. Promote the coordination of local plans and
programs with the plans and programs of other
agencies;
G. Perform other functions as the City Council
provides including conducting studies and preparing
plans other than those required or authorized by
state law;
H. Establish as needed, a standing subcommittee
of the Commission for the purposes of conducting
design review on projects that properly come before
the Commission for review, making recommenda-
tions to the Commission on matters pertaining to the
design of a project, and reviewing and approving
design items that may be referred by the Planning
Commission to the subcommittee for review and
approval. (Ord. 1787 § 1 (part), 1998)
2.32.090 Procedural rules.
The Planning Commission may adopt from time
to time such rules of procedure as it may deem
necessary to properly exercise its powers and duties.
Such rules shall be subject to approval by the Coun-
cil before becoming effective. All such rules shall
be kept on file with the Chairperson of the Planning
Commission and the Mayor and a copy thereof shall
be famished to any person upon request. (Ord. 1787
§ 1 (part), 1998)
33 (Cupertino 8-98)
2.36.010
Chapter 236
PARK AND RECREATION COMMISSION*
Sections:
236.010 Established.
2.36.020 Term of office.
2.36.030 Members-Vacancy or
removal.
2.36.040 Chairperson.
2.36.050 Meetings.
236.060 Majority vote required.
236.070 Records required.
236.080 Powers and functions.
236.090 Procedural rules.
236.110 Effect.
* For statutory provisions regarding parks and playgrounds, see Gov.
Code § 38000 et seq.; for provisions regarding municipal control
of certain packs, see Public Resources Code § 5181 et seq.
236.010 Established.
The Parks and Recreation Commission of the
City is established. The Parks and Recreation Com-
mission shall consist of five members who are resi-
dents of the City, none of whom shall be officials
or employees of the City, nor cohabit with as de-
fined by law, nor be related by blood or mamage
to any member of the Commission, the City Manag-
er or the staff person(s) assigned to this Commis-
sion. The five members shall be appointed by the
City Council. (Ord. 1639 (part), 1993: Ord. 1460
(part),1988: Ord. 1083 (part), 1980: Ord. 739 (part),
1976: Ord. 303 § 2.1, 1965)
2.36.020 Term of office.
A. Commissioners serve at the pleasure of the
City Council. The term of office of the members of
the Parks and Recreation Commission shall be for
four years and shall end on January 15th of the year
their term is due to expire. No Commissioner shall
serve more than two consecutive terms except that
a Commissioner may serve more than two consecu-
tive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than
two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission
are governed by Resolution No. 8828 of the Cuper-
tino City Council. (Ord. 1639 (part), 1993; Ord.
1460 (part), 1988: Ord. 1321 § 1 (part), 1985; Ord.
1166 (part), 1982; Ord. 739 (part), 1976: Ord. 303
§ 3.1, 1965)
2.36.030 Members-Vacancy or removal.
Any appointee member may be removed by a
majority vote of the City Council. If a vacancy
occurs other than by expiration of a term, it shall be
filled by the Mayor's appointment for the unexpired
portion of the term. (Ord. 303 § 4.1, 1965)
236.040 Chairperson.
The Commission shall elect its Chairperson and
Vice-Chairperson from among its members. The
terms of the Chairperson and Vice-Chailperson shall
be for one year and shall begin on February 1st one
year and be complete on February 1st the following
year, uNess the term of the officer as a member of
the Commission expires sooner and until the succes-
sor to each is duly appointed. (Ord. 1697 (part),
1995: Ord. 1321 § 2 (part), 1985; Ord. 1167 (part),
1982; Ord. 303 § 5.1, 1965)
2.36.050 Meetings.
The City Park and Recreation Commission shall
establish a regular place of meeting and rules of
conduct thereof, and shall hold at least one regular
meeting each month. Special meetings of the Com-
mission may be called at any time by the Chairman
or by any three or more members of the Commis-
sion upon personal notice being given to all mem-
bers of the Commission. If personal notice cannot
be given, written notice must be mailed to such
members at least twenty-four hours prior to the
meeting, unless the notice requirement is waived in
writing to the member. (Ord. 1639 (part), 1993:
Ord. 739 (part), 1976: Ord. 303 § 6.1, 1965)
2.36.060 Majority vote required.
A majority vote is required to approve a recom-
(Cupertino 8-98) 34
16.24.070
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
Fees shall be paid the City as set forth in the
latest resolution adopted by the city. (Ord. 1709
Exh. A (part), 1995)
16.24.080 Violation-Penalty.
Any person who violates any of the provisions of
this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be punished as provid-
ed in Chapter 1.12 of this code. (Ord. 1777 (part),
1998: Ord. 1709 Exh. A (part), 1995)
445
(Cupartino 8-98)
16.28.010
Chapter 16.28
FENCES*
Sections:
16.28.010 Purpose.
16.28.020 Definitions.
16.28.030 Fence location and height for
zones requiring site review.
16.28.040 Fence location and height for
zones not requiring site review.
16.28.050 Proximity of plants and fences
to public streets.
16.28.060 Exceptions.
16.28.070 Violation-Penalty.
' For statutory provisions malong fences taller than ten feet a nui-
sance, see Civil Code § 841.4.
Prior ordinance history: Olds. 112, 686, 852, 1179, 1630,1637 and
1777.
16.28.010 Purpose.
The purpose of this chapter is to regulate the
location and height of fences and vegetation in yards
of all zoning districts in order to protect the safety,
privacy, and property values of residents and resi-
dent/property owners of the City. (Ord. 1788 § 1
(part), 1998)
16.28.020 Definitions.
The words and terms used in this chapter shall
have the following meanings uNess the context
clearly indicates otherwise:
A. "Fence" means aman-made structure which
is designed, intended or used to protect, defend or
obscure the interior property of the owner thereof
from the view, trespass or passage of others upon
that property.
B. "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.
C. "Plant" means a vegetative matter.
D. "Setback azea, required front" means the area
extending across the front of the lot between the
front lot line and a line parallel thereto. Front yards
shall be measured either by a line at right angles to
the front lot line, or by the radial line in the case of
a curved front lot line. The front of the lot is the
narrowest lot line from a public street.
E. "Setback area, required rear" means the area
extending across the full width of the lot between
the reaz lot line and the nearest line or point of the
main building.
F. "Setback area, required side" means the area
between the side lot line and the nearest line of the
building, and extending from the front setback line
to the reaz setback line. (Ord. 1788 § 1 (part), 1998)
16.28.030 Fence location and height for
zones requiring site review.
A. The Planning Commission and City Council
shall have the authority to require, approve, or dis-
approve wall and fencing plans including location,
height and materials in all zones requiring design
review.
B. The basic design review guidelines for the
review of fences and walls are as follows:
1. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to acoustically isolate part
of or all noise emitted by future uses within the
commercial, industrial, offices, or institutional zones.
The degree of acoustical isolation shall be deter-
mined during the design review process.
2. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to ensure visual privacy for
adjoining residential dwelling units. The degree of
visual privacy shall be determined during the review
process.
3. Fences and walls shall be designed in a man-
ner to provide for sight visibility at private and
public street intersections. (Ord. 1788 § 1 (part),
1998)
(Cupertino 8-98) ~(
16.28.040
16.28.040 Fence location and height for
zones not requiring site review.
A. In the case of an interior residential lot, a~
maximum six-foot-high fence shall be permitted in
the reaz yazd setback area and in the side yard set-
back areas. A maximum three-foot-high fence, mea-
sured from finish grade, shall be permitted in the:
front yard setback azea.
B. In the case of a comer residential lot, a maxi-
mum six-foot-high fence shall be permitted in the:
required rear yard setback area and on the side yard.
lines, excepting that fence heights within the side
yard setback area adjacent to a public street shall be
regulated as described below. No portion of a fence
shall extend into the front yazd setback area oi•
forty-foot comer triangle.
1. Situation in which the rear property line ad-
joins a reaz property line: The minimum side fence
setback line for asix-foot-high fence shall be five
feet from the property line.
2. Situation in which the rear property line ad-
joins the side property line of a key lot: The mini-
mum side fence setback line shall be five feet from
the property line, except that the setback line within
ten feet of an adjacent side property line shall be
maintained at twelve feet.
3. A fence not exceeding three feet in height
measured from finish grade can be constructed on
any location within a required yard except the forty-
foot comer triangle.
C. Where asix-foot fence is allowed, aneight-
foot-high fence can be constructed in lieu thereof
subject to building pemut approval and upon receipt
of written approval from property owners.
D. In the case of parcels zoned residential hill-
side (RHS) or open space (OS), the fences shall be
governed by Section 19.40.080. (Ord. 1788 § 1
(part), 1998)
16.28.050 Proximity of plants and fences to
public streets.
The proximity of plants and fences to public
streets shall be controlled by the provisions of Chap-
ter 14.08 of the Municipal Code. (Ord. 1788 § 1
(part), 1998)
16.28.060 Exceptions.
Where practical difficulties, unnecessary hard-
ships, or results inconsistent with the purpose and
intent of this chapter result from the strict applica-
tion of the provisions hereof, exceptions may be
granted as provided in this section.
A. Application and Fee. Application shall be
made in writing to the Planning Commission on a
form prescribed by the Director of Community
Development. The application shall be accompanied
by a fee as prescribed by City Council resolution.
B. Public Hearings. Upon receipt of an applica-
tion for exception, the Director of Community De-
velopment shall set a time and place for a public
hearing before the Planning Commission and order
the public notice thereof. Mailed written notice of
the hearing on the fence exception shall be given by
the Director of Community Development to all
owners or record of real property (as shown in the
last assessment roll) which abut the subject property,
as well as property and its abutting properties to the
left and right, directly opposite the subject property
and located across a street, way, highway or alley.
Mailed notice shall include owners of property
whose only contiguity to the subject site is a single
point. Said notice shall be mailed by first class mail
at least ten days prior to the Planning Commission
meeting in which the application will be considered.
The notice shall state the date, time and place of the
hearing. A description of the fence exception shall
be included in the notice. If the Director of Commu-
nity Development believes the project may have
negative effects beyond the range of the mailed
notice, particulazly negative effects on neazby resi-
dential areas, the Director, in his discretion, may
expand noticing beyond the stated requirements.
Compliance with the notice provisions set forth
in this section shall constitute agood-faith effort to
provide notice, and failure to provide notice, and the
failure of any person to receive notice, shall not
prevent the City from proceeding to consider or to
take action with respect to an application under this
chapter.
447 (CuQartino 8-98)
16.28.060
The Planning Commission shall hold a public
hearing at which time the Commission may grant
the exception based upon the following findings:
1. The literal enforcement of the provisions of
this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter.
2. The granting of the exception will not result
in a condition which is materially detrimental to the
public health, safety or welfare.
3. The exception to be granted is one that will
require the least modification of the prescribed
regulation and the minimum variance that will ac-
complish the purpose.
4. The proposed exception will not result in a
hazardous condition for pedestrian and vehiculaz
traffic.
After closing the public hearing, the Planning
Commission may approve, conditionally approve or
deny the application for exception.
C. Appeals. Any application for exception which
received final approval or disapproval by the Plan-
ning Commission may be appealed to the City
Council as provided by Section 8 of Ordinance 652.
(Ord. 1788 § 1 (part), 1998)
16.28.070 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 1.12. (Ord. 1788 § 1 (part), 1998)
(Cupertino 8-98) ~8
7Citle 17
S~IGNS*
Chapters:
17.04 General Provisia~ns
17.08 Definitions
17.12 Administrative Procedures
17.16 Exempt Signs
17.20 Prohibited Signs
17.24 Sign Regulations
1732 Temporary Signs-Regulations
17.44 Sign Exceptions
17.52 Compliance and Enforcement
* Prior ordinance history: Orals. 7~~6, 894, 1208, 1320, and 1414.
481 (Cupcnino 8-98)
17.32.120
17.32.120 Beverage container recycling
signs.
A. A dealer of beverages sold in container.
which is subject to provisions of the California.
Beverage Container Recycling. and Litter Reduction.
Act of 1986 may display one building mounted.
single face sign not exceeding ten squaze feet in.
area which sets forth the information concerning a.
certified recycling center, as described in Sections
14570 and 14571 of the Public Resources Code.
Such sign shall be allowed in addition to any other
signs allowed for the dealer in accordance with the
provisions of this chapter.
B. Signs for certified redemption centers shall be
subject to the limitations and review procedures
applicable to the zoning district in which the re-
demption center is located. (Ord. 1624 (part), 1993)
501
(Cupcrtino 8-98)
17.44.010
Chapter 17.44
SIGN EXCEPTIONS'
Sections:
17.44.010 Authority.
17.44.020 Application and fee.
17.44.030 Planning Commission review
required.
17.44.040 Findings for an exception.
17.44.050 Action by Planning
Commission.
17.44.060 Conditions for revocation of
exception-Notice required.
17.44.070 Exception deemed null and
void when-Notification
required.
17.44.080 Appeals.
17.44.090 Reports to City Council.
* Prior ordinance history: Ords. 1624 and 1655.
17.44.010 Authority.
The Planning Commission may grant a sign ex-
ception in accordance with the provisions of this
chapter. (Ord. 1789 § 1 (part), 1998)
17.44.020 Application and fee.
An application shall be made in writing to the
Planning Commission on a form prescribed by the
Director. The application shall be accompanied by
a nonrefundable fee, a letter explaining the justifica-
tion for the exception, and appropriate exhibits as
deemed necessary by the Community Development
Director. (Ord. 1789 § 1 (part), 1998)
17.44.030 Planning Commission review
required.
A. An exception shall be scheduled for review
by the Planning Commission, not later than thirty
days after filing of application.
B. Mailed written notice of the hearing on the
sign exception shall be given by the Director of
Community Development to all owners of record of
real property (as shown in the last assessment roll)
which abut the subject property, as well as property
and its abutting properties to the left and right,
directly opposite the subject property and located
across a street, way, highway or alley. Mailed notice
shall include owners of property whose only conti-
guity to the subject site is a single point. Said notice
shall be mailed by first class mail at least ten days
prior to the Planning Commission meeting in which
the application will be considered. The notice shall
state the date, time and place of the hearing. A
description of the sign exception shall be included
in the notice. If the Director of Community Devel-
opment believes the project may have negative
effects beyond the range of the mailed notice, paz-
ticulazlynegative effects on nearby residential areas,
the Director, in his discretion, may expand noticing
beyond the stated requirements.
C. Compliance with the notice provisions set
forth in this section shall constitute agood-faith
effort to provide notice, and failure to provide no-
tice, and the failure of any person to receive notice,
shall not prevent the City from proceeding to con-
sider or to take action with respect to an application
under this chapter. (Ord. 1789 § 1 (part), 1998)
17.44.040 Findings for an exception.
The Planning Commission may grant an excep-
tion based upon all the following findings:
A. That the literal enforcement of the provisions
of this title will result in restrictions inconsistent
with the spirit and intent of this title;
B. That the granting of the exception will not
result in a condition which is materially detrimental
to the public health, safety, or welfaze; and
C. That the exception to be granted is one that
will require the least modification of the prescribed
regulations and the minimum variance that will
accomplish the purpose. (Ord. 1789 § 1 (part),
1998)
17.44.050 Action by Planning Commission.
The decision made by the Planning Commission
is final unless appealed in accordance with Section
17.44.080. (Ord. 1789 § 1 (part), 1998)
(Cupertino 8-98) 502
17.44.060
17.44.060 Conditions for revocation of
exception-Notice required.
In any case where the conditions or limitations to
an exception granted have not been complied with.,
the Planning Commission may revoke the exception
after notice and hearing in the same manner a:c
defined in Section 17.44.030. (Ord. 1789 § 1 (part).,
1998)
17.44.070 Exception deemed null and void
when-Notification required.
In any case where an exception has not been used'.
within one year from the date of issuance, or ii'
abandoned for a period of thirty days, the exception
will automatically become null and void upon writ-
ten notice from the Director to the property owner
and/or tenant. (Ord. 1789 § 1 (part), 1998)
17.44.080 Appeals.
A. Any person aggrieved by a decision of the:
Planning Commission in the approval, conditioning,
denial, or revocation of an exception for a sign may
appeal such a decision in writing to the City Coun-
cil.
B. The appeals shall be made within fourteen.
calendar days of the Planning Commission meeting:
by means of a letter in writing to the City Council.
stating the grievances.
C. The appeal shall be accompanied by the same
fee as required for appeals under Section 19.136.020
of the Cupertino Municipal Code.
D. Such appeals shall be heard by the City
Council and scheduled on their agenda at the time
that other Planning Commission items regularly
appear. (Ord. 1789 § 1 (part), 1998)
17.44.090 Reports to City Council.
The Director, or designated representative, shall
make written reports on all exceptions granted,
denied, or revoked under this chapter. The reports
shall be delivered to the City Council within five
calendar days from the date of the decision. (Ord.
1789 § 1 (part), 1998)
503
(Cupertino 8-98)
17.52.010
Chapter 17.52
COMPLIANCE AND ENFORCEMENT
Sections:
17.52.010 Interpretation and enforcement
of provisions.
1752.020 Nonconforming signs.
17.52.030 Abandoned or discontinued
signs.
17.52.040 Illegal signs-Notice required-
Summary removal authorized
when.
1752.050 Storage of removed signs.
17.52.060 Owner responsible for removal,
alteration or relocation costs.
17.52.070 Illegal signs-Deemed public
nuisance-Court action
authorized.
17.52.080 Violation deemed infraction-
Penalty.
1752.090 Appeals from decisions of the
Director.
1752.010 Interpretation and enforcement of
provisions.
The Director is empowered to interpret and en-
force the provisions and requirements of this title
and to remove or cause to be removed any sign or
other advertising structure which has been construct-
ed, erected, altered, relocated or maintained in viola-
tion of this title. Such powers include but are not
restricted to provisions and procedures set forth in
the following sections of this chapter. Decisions by
the Director in relation to this title may be appealed
by the Planning Commission set forth in Section
17.52.090. (Ord. 1624 (part), 1993)
17.52.020 Nonconforming signs.
A. A nonconforming sign, unless made to con-
form to the provisions of this title, may not be struc-
turally altered, expanded, moved, modified in any
way, be reestablished after.
1. Discontinuance for Winery days or more; or
2. Damage or destruction of more than fifty
percent.
B. Any nonconforming sign which was legally
erected in accordance with the provisions of the
ordinance in effect at the time of erection, or which
has a valid permit from the Ciry, shall be permitted
to remain until such time as:
1. There is a change in the use of the property
that the sign is located on;
2. There are alterations or enlazgements to the
site or building on the property in excess of twenry-
five percent or more of the existing site or building.
The amount of alterations shall be cumulative over
time; or
3. There is a change of face constituting fifty
percent or more of the existing total sign face azea
at any one time; expansion, movement or modifica-
tion of the sign. A change of face of a single tenant
name panel constituting less than fifty percent of the
total existing sign face azea in a multitenant sign
shall not constitute grounds for modification of a
nonconforming sign.
C. At such time as any of the events mentioned
in subsections A and B occur, the sign must be
brought into conformance with this title. Any busi-
ness with a nonconforming sign shall not be entitled
to an additional sign unless the nonconforming sign
is made to comply with the provisions of this title.
(Ord. 1624 (part), 1993)
1752.030 Abandoned or discontinued signs.
Any sign which pertains to a business or occupa-
tion which is no longer using the particular sign or
property, or which relates to a time which no longer
applies, constitutes false advertising. The structure
and copy shall be blanked out or removed within
thirty days after the associated business, occupation
or event has vacated the premises. An abandoned
sign is prohibited and the removal shall be the re-
sponsibility of the owner of the sign or the owner
of the premises. (Ord. 1624 (part), 1993)
1752.040 Illegal signs-Notice required-
Summary removal authorized
when.
A. If the Director finds that any permanent sign
or other advertising structure has been constructed,
(Cupertino 8-98) 504
7['itle 19
ZONING
Chapters:
19.04 General Provisia~ns
19.08 Definitions
19.12 Designations and Establishment of Districts
19.16 Agricultural (A) Zones
19.20 Agricultural-Residential (A-1) Zones
19.24 Open Space (OS) Zones
19.28 Single-Family Residential (R-1) Zones
19.32 Residential Duplex (R-2) Zones
19.36 Multiple-Family Residential (R-3) Zones
19.40 Residential Hillside (RHS) Zones
19.44 Residential Single-Family Cluster (RIC) Zones
19.48 Planned Development (PD) Zones
19.52 Density Bonus
19.56 General Commercial (CG) Zones
19.60 Light Industrial (ML) Zones
19.64 Public Building i;BA), Quasi Public Building
(BQ) and Transportation (T) Zones
19.68 Park and Recre~~tion (PR) Zones
19.72 Private Recreation (FP) Zone
19.76 Administrative and Professional Office (OA)
Zones
19.80 Accessory Buildings/Structures
19.81 Recycling Areas
19.82 Beverage Container Redemption and Recycling
Centers
19.84 Second Dwelling Units in R-1, RHS, A, and A-1
Zones
19.88 Conversions of Apartment Projects to
Community Housing Projects
19.92 Home Occupations
19.100 Parking Regulatiions
569 (Cupertino 8-98)
19.104 Adult Oriented Commercial Activities
19.106 Concurrent Sale of Alcoholic Beverages and
Gasoline
19.108 Wireless Communications Facilities
19.112 Nonconforming Uses and Nonconforming
Facilities
19.116 Development Agreements
19.120 Amendments to the Zoning Maps and Zoning
Regulations
19.124 Conditional Use Permits and Variances
19.128 Temporary Uses
19.132 Administrative Approval of Minor Changes in
Projects
19.134 Architectural and Site Review
19.136 Appeals
(Cupertino 8-98) 5~]Q
19.08.010
Chapter 19.08
DEFINITIONS
Sections:
19.08.010 Purpose and applicability.
19.08.020 General rules for construction
of language.
19.08.030 Definitions.
19.08.010 Purpose and applicability.
The purpose of this chapter is to promote consis-
tency and precision in the interpretation of the zon-
ing regulations. The meaning and construction of~
words and phrases defined in this chapter shall
apply throughout the zoning regulations, except.
where the context of such word or phrases clearly
indicates a different meaning or construction. (Ord.
1601 Exh. A (part), 1992)
19.08.020 General rules for construction of
language.
The following general rules of construction shall
apply to the text of the zoning regulations:
A. The particular shall control the general.
B. In case of any difference of meaning or im-
plication between the text of any provision and any
caption or illustration, the text shall control.
C. The word "shall" is always mandatory and
not discretionary. The word "may" is discretionary.
D. References in the masculine and feminine
genders aze interchangeable.
E. Words used in the singular include the plural,
and the plural includes the singular, uNess the con-
text clearly indicates the contrary.
F. The words "activities" and "facilities" include
any part thereof.
G. UNess the context clearly indicates to the
contrary, the following conjunctions shall be inter-
preted asfollows:
1. "And" indicates that all connected items or
provisions shall apply;
2. "Or" indicates that the connected items or
provisions may apply singly or in any combination;
3. "Either ... or" indicates that the connected
items or provisions shall apply singly but not in
combination.
H. The words "lot" and "plot" are interchange-
able.
I. The word "building" includes the word.
"structure."
J. All public officials, bodies, and agencies to
which reference is made are those of the Ciry unless
otherwise indicated.
K. "City" means the City of Cupertino. (Ord.
1601 Exh. A (part), 1992)
19.08.030 Definitions.
Throughout this title the following words and
phrases shall have the meanings ascribed in this
section.
"Abandon" means to cease or discontinue a use
or activity without intent to resume, but excluding
temporary or short-teen interruptions to a use or
activity during periods of remodeling, maintaining,
or otherwise improving or rearranging a facility, or
during normal periods of vacation or seasonal clo-
sure.
"Abutting" means having property or district lines
in common.
"Accessory building" means a building which is
incidental to and customarily associated with a
specific principal use or facility and which meets the
applicable conditions set forth in Chapter 19.80.
"Accessory dwelling" means a dwelling unit inci-
dental to a principal use on a site and intended for
occupancy by persons residing therein by reason of
employment of one or more occupants on the same
site.
"Accessory structure" means a subordinate struc-
ture, the use of which is purely incidental to that of
the main building and which shall not contain living
or sleeping quarters. Examples include a deck, ten-
nis courts, trellis or caz shelter. Fences eight feet or
less are excluded.
"Addition" means any construction which increas-
es the size of a building or facility in terms of site
coverage, height, length, width, or gross floor area
ratio.
573 (Cupertino 8-98)
19.08.030
"Adult bookstore" means a building or portion
thereof used by an establishment having as a sub-
stantial or significant portion of its stock in trade for
sale to the public or certain members thereof, books,
magazines, and other publications which are distin-
guished orcharacterized bytheir emphasis on matter
depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas," as herein-
after defined.
"Adult cabaret" means a building or portion
thereof used for dancing purposes thereof or azea
used for presentation or exhibition or featuring of
topless or bottomless dancers, strippers, male or
female impersonators or similar entertainers, for
observations by patrons or customers.
"Adult motion picture theater" means a building
or portion thereof or azea, open or enclosed, used
for the presentation of motion pictures distinguished
or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities"
or "specified anatomical azeas," as hereinafter de-
fined, for observation by patrons or customers.
"Agriculture" means the tilling of the soil, the
raising of crops, horticulture, agriculture, livestock
farming, dairying, or animal husbandry, including
slaughterhouses, fertilizer yards, bone yard, or plants
for the reduction of animal matter or any other
similar use.
"Alley" means a public or private vehicular way
less than thirty feet in width affording a secondary
means of vehiculaz access to abutting property.
"Alteration" means any construction or physical
change in the arrangement of rooms or the
supporting members of a building or structure, or
change in the relative position of buildings or struc-
tures on a site, or substantial change in appearances
of any building or structure.
1. "Incidental alteration" means any alteration
to interior partitions or interior supporting members
of a structure which does not increase the structural
strength of the structure; any alteration to electrical,
plumbing, heating, air conditioning, ventilating, or
other utility services, fixtures, or appliances; any
addition, closing, or change in size of doors or win-
dows in the exterior walls; or any replacement of a
building facade which does not increase the structur-
al strength of the structure.
2. "Structural alteration" means any alteration
not deemed an incidental alteration.
"Amusement park" means a commercial facility
which supplies various forms of indoor and outdoor
entertainment and refreshments.
Animal, Adult. "Adult animal" means any animal
four months of age or older.
"Animal care" means a use providing grooming,
housing, medical care, or other services to animals,
including veterinary services, animal hospitals, over-
night or short-term boarding ancillary to veterinary
care, indoor or outdoor kennels, and similar servic-
es.
Animal, Large. "Large animal" means any equine,
bovine, sheep, goat or swine or similar domestic or
wild animal, as determined by the Planning Com-
mission.
Animal, Small. "Small animal" means animals
which are commonly found in single-family resi-
dential azeas such as chickens, ducks, geese, rabbits,
dogs, cats, etc.
"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 therein.
"Apartment house" means a building designed
and used to house three or more families, living
independently of each other.
"Apartment project" means a rental housing
development consisting of two or more dwelling
units.
"Architectural feature" means anypart or appurte-
nance of a building or structure which is not a
portion of the living area of the building or struc-
ture. Examples include: cornices, canopies, eaves,
awnings, fireplaces, or projecting window elements.
Patio covers or any projection of the floor area shall
not constitute an azchitectural projection.
"Atrium" means a courtyard completely enclosed
by walls and/or fences.
"Attic" means unconditioned space (not heated or
cooled).
(Cupertino 8-98) 574
19.08.030
"Automotive service station" means a use provid-
ing gasoline, oil, tires, small parts and accessories,
and services incidental thereto, for automobiles, light
trucks, and similaz motor vehicles. Automotive
maintenance and repair (minor) may be conducted
on the site. The sale of food or grocery items on thf;
same site is prohibited except for soft drinks and
snack foods, either from automatic vending ma-
chines or in shelves. The sale of alcoholic beverage:>
on the site is governed by Chapter 19.106.
"Automotive repair and maintenance (minor)"
means the supplying of routine automotive service;
such as lubrication, engine tuneups, smog certifi-
cates, 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 moto r
vehicle or requires the removal of internal part:
shall not be considered minor. Body and paint shop
operations are not minor repairs or maintenance.
"Average percent of slope" means the ratio be-
tween vertical and horizontal distance expressed u-
percent; the mathematical expression is based upon
the formula described below:
S=IxLx100
A
S =Average slope of ground in percent
I =Contour interval in feet
L =Combined length in feet of all contours on
parcel
A =Area of parcel in square feet.
"Basement" means that portion of a building;
between floor and ceiling fully submerged below
grade, except that a basement may have a maximum
exterior wall height of two feet between natural
grade and ceiling.
"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 an;~
street, railroad right-of--way or waterway.
"Boarding home" means any building used for
the renting of rooms or providing of table boazd for
from three to five persons, inclusive, over the age
of sixteen years, who are not members of the same
family.
"Building" means any structure used or intended
for supporting or sheltering any use or occupancy
when any portion of a building is completely sepa-
rated from every other portion thereof by an "area
separation wall" as defined by the Uniform Building
Code, then each such portion shall be deemed to be
a sepazate building.
Building, Attached. "Attached building" means
buildings which are physically 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.
"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
structures, 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 train-
ing in business, commerce, language, or similaz
activity or pursuit, and not otherwise defined as a
home occupation.
"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 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.
"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.
575 (Cupertino 8-98)
19.08.030
"Change of use" means the replacement of an
existing 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 changed.
"Child" means a person who is under ten years
of age for whom care and supervision are being
provided in a day care home or day care facility.
"Child day care facility" means a facility, li-
censed by the State or County, which provides care
to children under eighteen years of age in need of
personal service, supervisors, or assistance essential
for sustaining the activities of daily living or for the
protection of the individual on a less than twenty-
four-hour basis. Child day caze facility includes day
care centers and family day care homes and includes
the following:
1. "Large child care facility," which means a
facility which provides child and day care to seven
to twelve children inclusive;
2. "Small child caze facility," which means a
facility which provides child day caze for one to six
children inclusive.
"Church" means a use providing facilities for
organized religious worship and religious education
incidental thereto, but excluding a private education-
al facility. A property tax exemption obtained pursu-
ant to Section 3(f) of Article XIII of the Constitu-
tion 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.
"College" or "university" means an educational
institution of higher learning which offers a course
of studies designed to culminate in the issuance of
a degree or defined by Section 94302 of the Educa-
tion Code of the State of California, or successor
legislation.
"Commercial 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 de-
fined asoutdoor recreation services.
"Community center" means a place, structure,
area, or other facility used for and providing reli-
gious, fraternal, social and/or recreational programs
generally open to the public and designated to ac-
commodate and serve a significant segment of the
community.
"Community housing project" means a condomin-
ium project as defined in Section 135 of the Califor-
nia Civil Code, a community apartment project as
defined in Section 11004 of the California Business
and Professions Code, containing two or more rights
of exclusive occupancy, or a stock cooperative, as
defined in Section 11003.2 of the California Busi-
ness and Professions Code, containing two or more
separately owned lots, parcels or areas.
"Congregate residence" means any building or
portion thereof which contains facilities for living,
sleeping and sanitation, as required pursuant to the
Uniform Building, Housing and Fire Codes and may
include facilities for eating and cooking for
nontransient occupancy primarily by persons eigh-
teen years old and older, in which the responsibili-
ties for rent, housekeeping, cooking and other
household maintenance chores aze shared among the
occupants.
"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-pre-
mises consumption, and typically found in establish-
ments with long or late hours of operation and in
relatively small buildings, but excluding delicates-
sens and other specialty food shops and establish-
ments which have a sizable assortment of fresh
fruits, vegetables, and fresh-cut meats.
"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
(Cupertino 8-98) 576
19.08.030
as a community housing project, regardless of thy:
present or prior use of such land and structures anti
whether substantial improvements have been made:
or are to be made to such structure.
"Comer triangle" means a triangulaz-shaped aze;i
bounded by:
1. The intersection of the tangential extension
of front and end property lines as fowled by thy:
intersection of two publicrights-of-way abutting thy:
said property lines; and
2. The third boundary of the triangulaz-shaped
area shall be a line connecting the front and side
property lines at a distance of forty feet from thy:
intersection of the tangential extension of front anti
side property lines.
"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 won;
sides by such building or buildings, including thy:
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 element
with ordinary roof coverings. Canvas, lath, fiber-
glass and vegetation are not ordinarily roof cover-
ings and cannot be used in providing a covered
Parking space.
"Day care center" means any child day care facil-
ity, licensed by the State or County, other than ;i
family day care home, and includes infant centers,
preschools, and extended day caze facilities.
Day Care Home, Family. "Family day can:
home" means a home, licensed by the State or
County, which regularly provides caze, protection
and supervision of twelve or fewer children, in thy:
provider's own home, for periods of less than twen-
ty-four hours per day, while the parents or guardia~i
are away, and includes the following:
1. "Large-family day caze home," which means
a home which provides family day care to seven to
twelve children, inclusive, including children under
the age of ten years who reside at the home;
2. "Small-family day caze home," which means
a home which provides family day caze to six or
fewer children, including children under the age of
sixteen years who reside at the home.
"Developer" means the owner or subdivider with
a controlling proprietary interest in the proposed
community housing project, or the person or
organization making application thereunder.
"District" means a portion of the territory within
the City within which certain uses of land, premises
and buildings are permitted and certain other uses
of land, premises and buildings are prohibited, and
within which certain yards and other open spaces
are required and certain building site areas are estab-
lished for buildings, all as set forth and specified in
this title.
"Drinking establishment" means an activity that
is primarily devoted to the selling of alcoholic bev-
erages for consumption on the premises.
"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 caz.
Driveway, Curved. "Curved driveway" means a
driveway with access to the front property line
which enters the gazage from the side at an angle of
sixty degrees or greater to the front curbline and
which contains a functional twenty-foot-deep park-
ing area that does not overhang the front property
line.
"Duplex" means a building containing not more
than two kitchens, designed and used to house not
more than two families living independently of each
other.
"Dwelling unit" means a room or group of rooms
including living, sleeping, eating, cooking and sani-
tation facilities, constituting a separate and indepen-
dent housekeeping unit, occupied or intended for
occupancy by one family on a nontransient basis
and having not more than one kitchen.
"Enclosed" means a covered space fully sur-
rounded by walls, including windows, doors and
similaz openings or azchitectural features, or an open
space of less than one hundred square feet fully
surrounded by a building or walls exceeding eight
feet in height.
577 (Cupertino 8-98)
19.08.030
"Equestrian center" means a facility for the shel-
ter, 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; or distribution of supplies or
construction materials required in connection with
a business activity, public utility service, transporta-
tion service, or similar activity.
"Equipment yard" means a construction material
yard, corporation yard, vehiculaz service center or
similaz use.
"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 19.80.
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 be-
comes noncomplying. (For the definition for "non-
conforming use" see the definition "use" in this
chapter.)
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,
lodginghouse, or institution of any kind.
"Family day care home" means a home which
regularly provides care, protection, supervision of
children in the home for periods of less than twenty-
four hours a day, while the parents or guardians are
away.
"First floor" means that portion of a structure less
than or equal to twenty feet in height, through
which a vertical line extending from the highest
point of exterior construction to the appropriate
adjoining grade, passes through one story.
"Floor area" means the total azea of all floors of
a building measured to the outside surfaces of exte-
rior walls, and including the following:
1. Halls;
2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. In all zones except residential, permanently
roofed, but either partially enclosed or unenclosed
building features used for sales, service, display,
storage or similaz uses.
"Floor area" shall not include the following:
1. Basement or attic areas;
2. Parking facilities, otherthan residential garag-
es, accessory to a permitted or conditional use and
located on the same site;
3. Roofed arcades, plazas, walkways, porches,
breezeways, porticos, courts, and similaz features not
substantially enclosed by exterior walls.
"Floor area ratio" means the maximum ratio of
gross floor area on a site to the total site area.
"Front wall" means the wall of a building or
other structure neazest the street upon which the
building faces, but excluding certain architectural
features as defined in this chapter.
"Full cash value" has the meaning assigned to it
in the California Revenue and Taxation Code for
property taxation purposes.
"Garage" means an accessory building (complete-
ly closed) used primarily for the storage of motor
vehicles.
"Grade" or "finished grade" means the lowest
point of adjacent ground elevation of the finished
surface of the ground paving, or sidewalk, excluding
areas where grade has been raised by means of a
berm, planter box, or similaz landscaping feature,
unless required for drainage, within the area be-
tween the building and the property line, or when
(Cupertino 8-98) 578
19.08.030
the property line is more than five feet from the
building, between the building and a line five feet
from the building.
"Gross lot azea"means the horizontal area includ-
ed within the property lines of a site plus the street
area bounded by the street centerline up to thirt;r
feet distant from the property line, the street right-
of-way line and the extended side yard to the street
centerline:
1. In residential districts, all roofed porches,
arcades, balconies, porticos, breezeways or similar
features when located above the ground floor,
2. Parking facilities accessory to a permitted or
conditional use and located on the same site;
3. Roofed arcades, plazas, walkways, porches,
breezeways, porticos, and similar features not sub-
stantially enclosed by exterior walls, and courts, at
or near street level, when accessible, to the general
public and not devoted to sales, service, display,
storage or sunilaz uses.
"Group caze activities" means a residential care;
facility providing continuous caze for six or fewer
persons on atwenty-four-hour basis, which require;
licensing by a governmental agency.
"Guest cottage" means an accessory building;
containing a lodging unit without kitchen facilities,
and used to house occasional visitors or nonpaying;
guests of the occupants of a dwelling unit on the;
same site.
"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.
"Habitable floor" means the horizontal space;
between a floor area of at least seventy square feet
and the 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;
said floor.
"Height" means, unless otherwise established b3~
a city approved grading plan which is part of. <<
subdivision map approval, the vertical distance;
measured from the natural grade to the highest point
of exterior construction, exclusive of chimneys,
antennas or other appurtenances.
Height restrict shall be established by establishing
a line parallel to the natural grade.
"Home occupation" means an accessory activity
conducted in a dwelling unit solely by the occupants
thereof, in a manner incidental to residential
occupancy, in accord with the provisions of this
title. (For further provisions, see regulations for
home occupation in Chapter 19.92.)
"Hospital" means a facility for providing medical,
psychiatric or surgical services for sick or injured
persons, primarily on an inpatient basis, and includ-
ing ancillary facilities for outpatient and emergency
treatment, diagnostic services, training, reseazch,
administration, and service to patients, employees or
visitors.
"Hotel" means a facility containing rooms or
groups of rooms, generally without individual kitch-
en facilities, used or intended to be used by tempo-
rary overnight occupants, whether on a transient or
residential occupancy basis, and whether or not
eating facilities are available on the premises. Hotel
includes motel, motor hotel, tourist court, or similaz
use, but does not include mobilehome parks or
similaz uses.
"Household pets" means small animals commonly
found in residential azeas such as chickens, ducks,
geese, rabbits, dogs, and cats, but excluding animals
such as any bovine or equine animal, or any goal,
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 permitted
use.
"Junkyard" 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.
"Landscaping" means an azea devoted to or de-
veloped and maintained with native or exotic plant-
ing, lawn, ground cover, gardens, trees, shrubs, and
other plant materials, decorative outdoor landscape
579 (Cupertino 8-98)
19.08.030
elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or
similaz 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.
"Legal substandazd lot" means any parcel of land
or lot recorded and legally created by the County or
City prior to March 17, 1980, which lot or parcel is
of less area than required in the zone; or lots or paz-
cels of record which are reduced to a substandard
lot size as a result of required street dedication un-
less otherwise provided in the City of Cupertino
General Plan. The owner of a legally created, sub-
standard property which is less than six thousand
square feet but equal to or greater than five thou-
sand square feet may utilize such parcel for residen-
tial purposes. The owner of a legally created parcel
of less than five thousand square feet may also
develop the site as asingle-family residential build-
ing site if it can be demonstrated that the property
was not under the same ownership as any contigu-
ous property on the same street frontage as of or
after July 1, 1984.
"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.
"Loading space" means an area used for loading
or unloading of goods from a vehicle in connection
with the use of the site on which such space is
located.
"Lodging" means the furnishing of rooms or
groups of rooms within a dwelling unit or an acces-
sory building to persons other than members of the
family residence in the dwelling unit, for overnight
occupancy on a residential occupancy basis, whether
or not meals are provided to such person. Lodging
shall be subject to the residential density require-
ments of the district in which the use is located.
"Lodging unit" means a room or group of rooms
not including a kitchen, used or intended for use by
overnight occupants as a single unit, whether located
in a hotel or a dwelling unit providing lodging
where designed or used for occupancy by more than
two persons; each two-person capacity shall be
deemed a separate lodging unit for the purpose of
determining residential density; each two lodging
units shall be considered the equivalent of one
dwelling unit.
"Lot" or "site" means a parcel of land consisting
of a single lot of record, used or intended for use
under the regulations of this title as one site for a
use or a group of uses.
1. "Comer lot" means a lot situated at the inter-
section of two or more streets, or bounded on two
or more adjacent sides by street lines.
2. "Flag lot" means a lot having access to a
street by means of a private driveway or pazcel of
land not otherwise meeting the requirement of this
title for lot width.
3. "Interior lot" means a lot other than a corner
lot.
4. "Key lot" means the first lot to the rear of a
corner lot, the front line of which is a continuation
of the side line of the corner lot, and fronting on the
street which intersects or intercepts the street on
which the comer lot fronts.
5. "Lot area" means the area of a lot measured
horizontally between boundary lot lines, but exclud-
ing aportion 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 drain-
age easement and excluding any portion of a lot
within a street right-of--way whether acquired in fee,
easement or otherwise.
"Lot coverage" means and encompasses the fol-
lowing:
1. "Single-family residential use" means the
total land area within a site that is covered by build-
ings, including all projections, but excluding
ground-level paving, landscape features, and open
recreational facilities.
(Cupertino 8-98) SgQ
19.08.030
2. "A11 other uses except single-family residen-
tial" means the total land area within a site that is
covered by buildings, excluding all projections,
ground-level paving, landscape features, and open
recreational facilities.
"Lot depth" means the horizontal distance from
the midpoint of the front lot line to the midpoint oi°
the rear lot line, or to the most distant point on an}~
other lot line where there is no cleaz rear lot 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 comer 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.
2. "Interior lot line" means any lot line nor.
abutting a street.
3. "Reaz lot line" means the lot line not inter-~
secting a front lot line which is most distant from
and the most closely pazallel to the front lot line. A.
lot bounded by only three lot lines will not have 2~
reaz lot line.
4. "Side lot line" means any lot line which i~;
not a front or reaz lot line.
5. "Street lot line" means any lot line abutting;
a street.
"Lot of record" means a lot which is pazt 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 be-
tween side lot lines, measured at the required front:
setback line.
"Manufacturing" means a use engaged in the
manufacture, predominantly from previously pre-
pared materials, of finished products or parts, in-
cluding processing fabrication, assembly, treatment,
packaging of such products, but excluding basic
industrial processing of extracted or raw materials,
processes utilizing inflammable or explosive materi-
al (i.e., materials which ignite easily under normal
manufacturing conditions), and processes which
create hazardous or commonly recognized offensive
conditions.
"Massage" means any method of pressure on or
friction against or stroking, kneading, rubbing, tap-
ping, pounding, vibrating or stimulating the external
parts of the human body with the hands or with any
mechanical or electrical apparatus or other applianc-
es or devices with or without such supplementary
aides as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotion, ointment or other similaz
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 operated which is not
exempted or regulated by the Massage Establish-
ment Ordinance as contained in Title 9, Health and
Sanitation of the Cupertino Municipal Code, Chapter
9.06.
"Mobilehome" means a vehicle, other than a
motor vehicle, designed or used as semipermanent
housing, designed for human habitation, for carrying
persons and property on its own structure, 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 aze 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 semipermanent housing.
"Multiple-family use" means the use of a site for
three or more dwelling units which may be in the
same building or in separate buildings on the same
site.
"Net lot azea" means the total area included with-
in the property lines of a site, excluding the follow-
ing:
1. Any portion of a site within the right-of-way
of an existing public street;
2. The portion of a flag lot constituting the
access corridor lying between the front property line
and the frontage line of the corridor at the street;
3. The full width of any legal easement used for
access purposes.
581 (G1~pertino 8-98)
19.08.030
"Nightclub" means an establishment providing
alcoholic beverage service and late evening (past
eleven p.m.) entertainment, with or without food
service.
"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 con-
sultation, diagnosis, therapeutic, preventative or
corrective personal treatment services by doctors,
dentists, medical and dental laboratories, and similaz
practitioners of medical and healing arts for humans,
licensed for such practice by the State of California
and including services related to medical reseazch,
testing and analysis.
3. "Professional offices" such as those pertaining
to the practice of the professions and arts including,
but not limited to, architecture, dentistry, engineer-
ing, law and medicine, but not including sale of
drugs or prescriptions except as incidental to the
principal uses and where there is external evidence
of such incidental use.
"Open" means a space on the ground or on the
roof of a structure, uncovered and unenclosed.
"Organizational documents" means the declara-
tion of restrictions, articles of incorporation, bylaws
and any contracts for the maintenance, management
or operation of all or any part of a community hous-
ing project.
"Outdoor recreation use" means a privately
owned or operated use providing facilities for out-
door recreation activities, including golf, tennis,
swimming, riding or other outdoor sport or recre-
ation, operated predominantly in the open, except
for accessory or incidental enclosed services or
facilities.
"Park" means any open space, reservation, play-
ground, 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.
"Pazking azea" means an unroofed, paved area,
delineated by painted or similaz markings, intended
and designed to accommodate one or more vehicles.
"Pazking facility" means an area on a lot or with-
in abuilding, or both, including one or more park-
ing spaces, together with driveways, aisles, turning
and maneuvering areas, clearances and similaz fea-
tures, and meeting the requirements established by
this title. Parking facility includes parking lots,
garages and parking structures.
1. "Temporary parking facility" means parking
lots 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 azea 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 pazking space, and located in a pazking
facility meeting the requirements established by this
title. Parking space is equivalent to the term "park-
ing stall" and does not include driveways, aisles or
other features comprising a parking facility as previ-
ously defined in this chapter.
"Personal fitness training center" means a facility
providing space and equipment, with or without
supervision, for group or individual athletic develop-
ment, increased skill development in sports activity,
or rehabilitative therapy for athletic injury.
"Picnic area" means a facility providing tables
and cooking devices for preparation and consump-
tion of meals out of doors or within an unenclosed
shelter structure.
"Practice range" means a facility providing con-
trolled access to fixed or movable objects which are
used to test and measure accuracy of discharge from
a weapon.
"Private educational facility" means a privately
owned school, including schools owned and operat-
ed 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.
(Cupertino 8-98) 582
19.08.030
"Professional office" means a use providing pro•~
fessional or consulting service in the fields of law,
architecture, design, engineering, accounting, and
similaz professions, including associated testing and
prototype development, but excluding product manu-~
factoring or assembly.
"Project improvements" means all public roadl
improvements, undergrounding ufility improvements,
and improvements to the on-site utility networks as
required by the City of Cupertino for a community
housing project.
"Projection" means architectural elements, not
part of the main building support, that cantilever"
from a single building wall or roof, involving no
supports to the ground other than the one building;
wall from which the element projects.
"Property" means real property which include.,
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.
Property, Adjoining. "Adjoining property" means.
any unit of real property, excluding lands used a<,;
public streets, sharing one or more common point;
with another property.
"Provider" means a person who operates a child.
day care home and is licensed by the State of Cali-
fornia.
"Public dancehall" is a building or portion thereof'
used for dancing purposes to and in which the gen-
eral public is admitted and permitted to dance, upon.
payment of any fee other than compensation, or'
upon payment of a charge for admission, or for
which tickets or other devices are sold, or in which.
a charge is made for the privilege of dancing with.
any other person employed for such purpose by the
operator of such establishment, including but not:
limited to taxi dances, but excluding restaurants.
hotel rooms and nightclubs in which the dancing is
incidental only to other entertainment.
"Public street" means all streets, highways, lanes,
places, avenues and portions thereof and including
extensions in the length and width, which have been.
dedicated by the owners thereof to public use, ac-
quired for public use, or in which a public easement.
for roadway purposes exists.
"Recreation vehicle" 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 purpos-
es. The term recreation vehicle includes, but is not
limited to, trailers, motor coach homes, converted
trucks and buses, and boats and boat trailers.
"Recreational open space" means open space
within a community housing project (exclusive of
required front setback areas) which shall be used
exclusively for leisure and recreational purposes, for
the use and enjoyment of occupants (and their
visitors) of units on the project and to which such
occupants (and their visitors) have the right of use
and enjoyment. Accessory structures such as swim-
ming pools, recreational buildings and landscaped
areas may be included as open space.
"Recycling center" means facilities appurtenant
and exterior to an otherwise allowed use, which are
utilized for collection of recyclable materials such
as metal, glass, plastic, and paper stored in mobile
vehicles or trailers, permanent storage units, or in
bulk reverse-vending machines exceeding fifty cubic
feet in size.
"Religious institution" means a seminazy, retreat,
monastery, conference center, or similaz use for the
conduct of religious activities including accessory
housing incidental thereto, but excluding a private
educational facility. Any such use for which a prop-
erty tax exemption has been obtained pursuant to
Section 3(f) of Article XIII of the Constitution of
the State of California and Section 206 of the Reve-
nue and Taxation Code of the State of California,
or successor legislation, or which is used in connec-
tion with any church which has received such an
exemption, shall be prima facie presumed to be a
religious institution.
"Residential Gaze facility" means a building or
portion thereof designed or used for the purpose of
providing twenty-four-hour-a-day nonmedical resi-
dential living accommodations pursuant to the Uni-
form Building, Housing and Fire Codes, in ex-
change for payment of money or other consider-
ation, where the duration of tenancy is determined,
583 (Cupefiuo 8-98)
19.08.030
in whole or in part, by the individual resident's
participation in group or individual activities such
as counseling, recovery planning, medical or thera-
peutic assistance. Residential care facility includes,
but is not limited to, health facilities as defined in
California Health and Safety Code (H&SC) Section
1250 et seq., community care facilities (H&SC
Section 1500 et seq.), residential care facilities for
the elderly (H&SC Section 1569 et seq.), and alco-
holism or drug abuse recovery or treatment facilities
(H&SC Section 11384.11), and other similar care
facilities.
Restaurant, Fast-Food. "Fast-food restaurant"
means a retail food service establishment in which
prepared foods or beverages aze served or sold on
or in disposable containers, including those estab-
lishments where a substantial portion of the patrons
may serve themselves and may consume the food
and beverages off-site. A separate baz facility for
serving alcoholic beverages is not permitted. Any
area, tables or rooms reserved for serving alcoholic
beverages shall be considered a separate baz facility.
Specialty food stores, such as ice cream stores, bak-
eries or shops, shall not be considered fast-food
restaurants.
Restaurant, Full Service. "Full-service restaurant"
means any restaurant which is not a fast-food restau-
rant. Alcoholic beverages may be served with meals
at a customer's dining table; however, a separate baz
facility for serving alcoholic beverages is not per-
mitted without a use permit.
"Research and development" means a use en-
gaged in study, design, analysis and experimental
development of products, processes or services,
including incidental manufacturing of products or
provisions of services to others.
"Residential care home" means the use of a
dwelling unit or portion thereof licensed by the
State of California or County of Santa Clara, for
care of up to six persons, including overnight occu-
pancy or caze for extended time periods, and includ-
ing all uses defined in Sections 5115 and 5116 of
the California Welfaze and Institutions Code, or
successor legislation.
"Reverse vending machine" means a mechanical
device which accepts one or more types of empty
beverage containers and issues a cash refund or
credit slip.
"Rotating homeless shelter" means a shelter locat-
ed in an existing church structure, the shelter pro-
vided not to exceed two months in any twelve-
month period at any single location, and the number
of occupants not to exceed twenty-five, hours of
operation not to exceed six p.m. to seven a.m.
"Screened" means shielded, concealed, and effec-
tively hidden from view at an elevation of up to
eight feet above ground level on adjoining sites, or
from adjoining sites, within ten feet of a lot line, by
a fence, wall, hedge, berm, or similar structure,
architectural or landscape feature, or combination
thereof.
"Setback line" means a line within a lot parallel
to a corresponding lot line, which is the boundary
of any specified front, side or reaz yard, or the
boundary of any public right-of-way, whether ac-
quired in fee, easement, or otherwise, or a line oth-
erwise established to govern the location of build-
ings, structures or uses. Where no minimum front,
side or rear yards are specified, the setback line
shall be coterminous with the corresponding lot line.
Setback Area, Required. "Required setback area"
means open space, unoccupied and unobstructed
from the ground upwazd, except as provided in this
tifle, between the lot line and the setback line on the
same site.
1. Setback Area, Required Front Yard. "Re-
quired front-yard setback area" means the setback
area extending across the front of a lot between the
front lot line and the setback line. Front yards shall
be measured either by a line at right angles to the
front lot line, or by a radial line in the case of a
curved front lot line, except flag lots which is the
area extending across the full extent of the buildable
portion of the flag lot measured from the property
line which is parallel to and nearest the street line
and at which point the lot width equals a minimum
of sixty feet. The Planning Commission shall have
the discretion to modify the provisions of this defin-
(cwpertino 8-98) 584
19.08.030
ition when it improves the design relationship of the:
proposed buildings to adjacent buildings or pazcels..
2. Setback Area, Required Reaz Yard. "Required.
reaz-yazd setback azea" means the area extending;
across the full width of the lot between the reaz lot
line and the nearest line or point of the main build-
ing.
3. Setback Area, Required Side Yard. "Required.
side-yard setback area" means the area between the
side lot line and the nearest line of a building, and
extending from the front setback line to the reat•
setback line.
"Shopping center" means a group of commercial
establishments, planned, developed, owned or man-
aged as aunit, with off-street parking provided on
the site.
"Single-family use" means the use of a site foc
only one dwelling unit.
"Specialty food stores" means uses such as baker-
ies, donut shops, ice cream stores, produce markets
and meat markets, or similar establishments where
food is prepared and/or sold prnnarily for consump-
tion off the premises.
"Specified anatomical areas" means:
1. Less than completely and opaquely covered
human genitals, pubic region, buttocks and female
breast below a point immediately above the top of
the areola; and
2. Human male genitals in a discernibly turgid
state, 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 masturbation, sexual inter-
course or sodomy;
3. Fondling or other erotic touching of human
genitals, pubic region, buttocks or female breast.
"Story" means that portion of a building included
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 it.
"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 abut-
ting property, including avenue, place, way, drive,
lane, boulevard, highway, road, and any other thor-
oughfare except an alley as defined in this chapter.
"Structure" means that which is built or con-
structed, anedifice or building of any kind, or any
piece of work artificially built up or composed of
parts joined together in some definite manner.
Structure, Recreational. "Recreational structure"
means any affixed accessory structure or portion
thereof, 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 appaza-
tus.
"Structurally attached" means any structure or
accessory structure or portion thereof, which is
substantially attached or connected by a roof struc-
ture or similaz physical attachment.
"Transient" means any individual 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 calendaz
days or less, counting portions of calendaz days as
full days, and including any individual who actually
physically occupies the premises, by permission of
any other person entitled to occupancy.
"Use" means the conduct of an activity, or the
performance of a function or operation, on a site or
in a building or facility.
1. "Accessory use" means 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 particulaz district as a conditional
use within that district, and allowable therein solely
on a discretionary use/conditional basis, subject to
issuance of a conditional use permit, and to all other
regulations established by this title.
3. "Nonconforming use" means a use which 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
585 (Cupertino 8-98)
19.08.030
of any district to the property involved, by reason
of which adoption or application the use became
nonconforming. (See "noncomplying facilities" in
this chapter for a definition.)
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, in-
stitution, or other entity.
"Useable reaz yard" means that area bounded by
the rear lot line(s) and the reaz building line extend-
ed to the side lot lines. Tfie side yard adjacent to a
proposed minor addition (e.g., addition equalling ten
percent or less of the principal structure) may be
included in calculation of usable rear yard area.
"Vehicle" means any boat, bus, trailer, motor
home, van, camper (whether or not attached to a
pickup truck or other vehicle), mobilehome, motor-
cycle, automobile, truck, pickup, airplane, boat
trailer, truck tractor, truck trailer, utility trailer or
recreational vehicle, or parts thereof, 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.
"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 complete-
ly 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 impact-
ed residence or residences.
"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
unobstructed 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 the side lot lines intersecting the
front lot line.
2. "Reaz yard" means a yazd measured into a lot
from the rear lot line, extending between the side
yards; provided that for lots having no defined reaz
lot line, the reaz 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 yani" means a yard measured into a lot
from a side lot line, extending between the front
yard and rear lot line. (Ord. 1784 (part), 1998; Ord.
1725 (part), 1996; Ord. 1688 § 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)
(Cupertino 8-98) 586
19.28.010
Chapter 19.28
SINGLE-FAMILY RESIDENTIAL
(R-1) ZONES
Sections:
19.28.010 Purposes.
19.28.020 Applicability of regulations.
19.28.030 Permitted uses.
19.28.040 Conditional uses.
19.28.050 Site development regulations.
19.28.060 Lot coverage, building setbacks
and height restrictions.
19.28.070 Permitted yard encroachments.
19.28.080 Solar design.
19.28.090 Interpretation by the Planning
Director.
19.28.010 Purposes.
R-1 single-family residence districts are intended
to create, preserve and enhance areas suitable for
detached dwellings in order to:
A. Enhance the identity of residential neighbor-
hoods;
B. Ensure 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 relationships between struc-
tures and within neighborhoods;
E. Reinforce the predominantly low-intensity
setting of the community. (Ord. 1601 Exh. A (part),
1992)
19.28.020 Applicability of regulations.
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 applica-
ble provisions of this title. (Ord. 1601 Exh A (part),
1992)
19.28.030 Permitted uses.
The following uses shall be permitted in the R-1
single-family residence district:
A. Single-family use;
B. A second dwelling unit conforming to the
provisions, standards and procedures described in
Chapter 19.84, except for those second dwelling
units requiring a conditional use permit;
C. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
D. Home occupations, when accessory to pemut-
ted residential use as provided in Chapter 19.92 of
this title, and subject to any conditional use permit
requirements contained in that chapter,
E. Horticulture, gardening, and growing of food
products for consumption by occupants of the site;
F. Residential care facility that is licensed by the
appropriate State, County agency or department with
six or less residents, not including the provider,
provider family or staff;
G. Small-family day care home;
H. The keeping of a maximum of four adult
household pets, provided that no more than two
adult dogs or cats may be kept on the site;
I. Utility facilities essential to provision of
utility services to the neighborhood but excluding
business offices, construction or storage yards, main-
tenance facilities, or corporation yards;
J. Lazge-family day care home, which meets the
parking criteria contained in Chapter 19.100, and
which is at least three hundred feet from any other
lazge-family day care home. The Director of Com-
munity Development or his/her designee shall
administratively approve large day care homes to
ensure compliance with the parking and proximity
requirements;
K. Congregate residence with ten or less resi-
dents. (Ord. 1688 § 3 (part), 1995; Ord. 1657 (part),
1994; Ord. 1601 Exh. A (part), 1992)
:)88-9 (Cupertino 8-98)
19.28.040
19.28.040 Conditional uses.
The following uses maybe conditionally allowed
in the R-1 single-family residence district, subject
to the issuance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124,
2. Large-family day care home, which otherwise
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provid-
ed by Section 1597.46(3) of the State of California
Health and Safety Code,
3. Buildings or structures which incorporate
solaz design features that require variations from
setbacks upon a determination by the Director that
such design feature or features will not result in
privacy impacts, shadowing, intrusive noise or other
adverse impacts to the surrounding area,
4. Second dwelling units which require a condi-
tional use permit pursuant to Chapter 19.84,
5. Home occupations requiring a conditional use
permit pursuant to Chapter 19.92 of this title;
B. Issued by the Planning Commission:
1. Two-story structures in an area designated for
a one-story limitation pursuant to Section 19.28.060
E2 of this chapter, provided that the Planning Com-
mission determines that the structure or structures
will not result in privacy impacts, shadowing, or
intrusive noise, odor, or other adverse impacts to the
surrounding area,
2. Group care activities with greater than six
persons,
3. Residential care facility that is not required
to obtain a license by the state, county agency or
department and has six or less residents, not includ-
ing the provider, provider family or staff,
4. Residential care facility that has the appropri-
ate state, county agency or department license and
seven or greater residents, not including the provid-
er, provider family or staff, is a minimum distance
of five hundred feet from the property boundary of
another residential care facility,
5. Residential care facility that is not required
to obtain a license by the state, county agency or
department and has seven or greater residents, not
including the provider, provider family or staff, is
a minimum distance of five hundred feet from the
property boundary of another residential care facili-
ty.
6. Congregate residence with eleven or more
residents which is a minimum distance of one thou-
sand feet from the boundary of another congregate
residence and has a minimum of seventy-five square
feet of usable reaz yard area per occupant (Ord.
1784 (part), 1998; Ord. 1688 § 3 (part), 1995; Ord.
1657 (part), 1994; Ord. 1618 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.050 Site development regulations.
A. Lot Area Zoning Designations.
1. Lot area shall correspond to the number (mul-
tiplied by one thousand square feet) following the
R-1 zoning symbol. Examples aze as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-1 6 6,000
R-1 7.5 7,500
R-1 10 10,000
R-1 20 20,000
The minimum lot size in an R-1 zone is 6,000
squaze feet
2. Lots which contain less area than required by
Section 19.28.050 A1, but not less than five thou-
sand square feet, may nevertheless be used as build-
ing sites provided that all other applicable
requirements of this title are fulfilled.
B. Lot Width. The minimum lot width shall be
sixty feet measured at the front-yard setback line.
C. Development on Slopes of Thirty Percent or
Greater.
1. Site plans for all development proposals shall
include topographical information at contour inter-
vals not to exceed ten feet. Areas where slopes
exceed thirty percent shall be identified on the site
development plan.
(Cupertino 8-98) 588-10
19.28.050
2. No structure or improvements shall occur on
slopes of greater than thirty percent unless an excep-
tion is granted in accordance with Section
19.40.140, uNess no more than five hundred squarE;
feet of development, including grading and struc-
tures, occurs on an area with a slope greater than
thirty percent. (Ord. 1635 § 1 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.060 Lot coverage, building setbacks
and height restrictions.
A. Lot Coverage. A building or buildings ma}~
cover no more than forty percent of the net lot area.
B. Floor Area Ratio. A building or building:;
may have a maximum floor azea ratio of forty-five;
percent of the net lot area.
C. Setback-First Floor. (Nonaccessory struc-~
tares).
1. Front Yard. The minimum front-yard setback:
is twenty feet, provided that for a curved drivewa3~
the setback shall be fifteen feet as long as there are:
no more than two such fifteen-foot setbacks occur-~
ring side by side.
2. Side Yard. The minimum side-yard setback:
shall be five feet, provided that there must be a~
minimum of ten feet side-yard setback on apt least:
one side yazd. In instances where an addition is~
proposed to an existing structure where both side-
yard setbacks are less than ten feet, the wider side:
yard shall be maintained. The addition may extend.
as close as five feet from the side lot line on the
narrowest side of the building only. In the case oi'
a corner lot, a minimum side-yard setback of twelve
feet on the street side of the lot is required.
3. Rear Yard. The minimum rear-yard setback
is twenty feet except that in the event that the usable
reaz yard equals, or exceeds, twenty times the lot
width, the minimum reaz-yard setback is ten feet.
D. Setback-Second Floor. (Nonaccessory struc-
tures).
1. The minimum front and rear setbacks are
twenty-five feet.
2. The minimum side setbacks aze ten feet,
provided that in the case of a flag lot the minimum
setback is twenty feet from any property line and in
the case of a comer lot a minimum of twelve feet
from a street line and twenty feet from any rear
property line of an existing, developed single-family
dwelling.
3. Setback Surchazge. A setback distance equal
to fifteen feet shall be added in whole or in any
combination to the front or side-yazd setback re-
quirements specified in Section 19.28.060 D2 of this
section. A minimum of five feet of the fifteen feet
shall be applied to the side yard(s).
4. Accessory Buildings/Structures. Chapter 19.80
governs setbacks, coverage and other standards for
accessory structures.
E. Additional Site Requirements.
1. Maximum Height. The height of any principal
dwelling in an R-1 zone shall not exceed twenty-
eight feet, not including fireplace chimneys, anten-
nae, or other appurtenances.
2. Heights exceeding twenty feet shall be subject
to the setback regulations in subsection D of this
section.
3. Areas Restricted to One Story. The City
Council may prescribe that all buildings within a
designated area be limited to one story in height
(not exceeding eighteen feet) by affixing to the R-1
zoning district, the designation "i"; provided, how-
ever, that the limitation may be removed through
use permit approval, as provided in Section
19.28.040B by the Planning Commission.
4. Exceptions for Hillside Areas. Notwithstand-
ing any provisions of Section 19.28.060 El to the
contrary, the Planning Commission may make an
exception for heights to exceed twenty-eight feet
under certain circumstances:
a. The subject property is in a hillside area and
has slopes of ten percent or greater,
b. Topographical features of the subject property
make an exception to the standard height restrictions
necessary or desirable;
c. In no case, shall the maximum height exceed
thirty feet for a principal dwelling or twenty feet for
an accessory building or dwelling;
d. In no case, shall the maximum height of a
structure located on prominent ridgelines, on or
above the four-hundred-fifty-foot contour exceed
~~88-11 (Cupertino 8-98)
19.28.060
twenty feet in height. (Ord. 1784 (part), 1998; Ord.
1637 (part), 1993; Ord. 1635 (part), 1993; Ord.
1630 (part), 1993; Ord. 1601 Exh. A (part), 1992)
19.28.070 Permitted yard encroachments.
A. In R-1 zones, where a building legally con-
structed according to existing yard and setback
regulations at the time of construction encroaches
upon present required yards, one encroaching side
of the existing structure may be extended along
existing building lines even when the existing first-
floor setbacks do not meet the requirements of this
chapter. Only one such extension shall be permitted
for the life of such building. This section applies to
the first story only and shall not be construed to
allow the further extension of an encroachment by
any building which is the result of the granting of
a variance, either before or after such property be-
comes part of the City.
B. The extension or addition may not further
encroach into any required setback; e.g., a single
story may be extended along an existing five-foot
side-yard setback even though the other side yard
does not equal ten feet. However, in no case shall
any wall plane of a first-story addition be placed
closer than three feet to any property line.
C. Architectural features (not including patio
covers) may extend to a required yazd a distance not
exceeding three feet, provided that no azchitectural
feature or combination thereof, whether a portion of
a principal or auxiliary structure, may extend closer
than three feet to any property line. (Ord. 1618
(part), 1993; Ord. 1601 Exh. A (part), 1992)
19.28.080 Solar design.
The setback and height restrictions provided in
this chapter may be vazied for a structure utilized
for passive or active solar purposes, in R-1 zones,
provided that no such structure shall infringe upon
solaz access or property rights of adjoining property
owners. Any solaz structure which requires variation
from the setback or height restriction of this chapter
shall be allowed only upon issuance of a conditional
use permit by the Director of Community Develop-
ment. (Ord. 1601 Exh. A (part), 1992)
19.25.090 Interpretation by the Planning
Director.
In R-1 zones, the Director of Community Devel-
opment shall be empowered to make reasonable
interpretations of the regulations and provisions of
this chapter consistent with the legislative intent
thereof. Persons aggrieved by an interpretation of
the chapter by the Director of Community Develop-
ment may petition the Planning Commission in
writing for review of the interpretation. (Ord. 1601
Exh. A (part), 1992)
(Cupertino 8-98) 588-12
19.32.010
Chapter 19.32
RESIDENTIAL DUPLEX (R-2) ZONES
Sections:
1932.010 Purpose.
1932.020 Applicability of regulations.
1932.030 Permitted uses.
19.32.040 Conditional uses.
1932.050 Height of buildings and
structures.
19.32.060 Lot area and width.
19.32.070 Building coverage and
setbacks.
19.32.080 Permitted yard encroachments.
19.32.090 Architectural and site review.
19.32.010 Purpose.
The residential duplex zoning district is intended.
to allow a second dwelling unit under the same:
ownership as the initial dwelling unit on appropriate
sites in areas designated for multiple family use by
the Cupertino General Plan. The residential duplex
district is intended to increase the variety of housing.
opportunities available within the community while
maintaining the existing neighborhood chazacter.
(Ord. 1601 Exh. A (part), 1992)
1932.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlazged in an R-2 residential
duplex district other than in conformance with the
provisions of this chapter and other applicable
provisions of this title. (Ord. 1601 Exh. A (part),
1992)
19.32.030 Permitted uses.
The following uses shall be permitted in the R-2
residential duplex district:
A. Two-family use under one ownership;
B. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
C. Home occupations in each unit of a residen-
tial duplex dwelling subject, when accessory to per-
mitted residential use as provided in Chapter 19.92
of this title, and subject to any use permit require-
ments contained in that chapter,
D. The keeping in each dwelling unit of a maxi-
mum of four adult household pets; provided that no
more than two adult dogs and two adult cats may be
kept in each unit;
E. Utility facilities essential to provision of
utility services to the neighborhood, but excluding
business offices, construction or storage yazds, main-
tenance facilities, or corporation yard;
F. Small-family day care home, in each unit;
G. Large-family day caze home, which meets the
parking criteria contained in Chapter 19.100, and
which is at least three hundred feet from any other
lazge-family day Gaze home. The Director of Com-
munity Development or his/her designee shall
administratively approve lazge day care homes to
ensure compliance with the parking and proximity
requirements;
H. Residential care facility with six or less resi-
dents not including the provider, provider family or
staff, in each unit, that has a license from the appro-
priate State, County agency or department;
I. Congregate residence with ten or less resi-
dents, in each unit. (Ord. 1688 § 3 (part), 1995;
Ord. 1657 (part), 1994; Ord. 1601 Exh. A (part),
1992)
1932.040 Conditional uses.
The following uses may be conditionally allowed
in the R-2 residential duplex district subject to issu-
ance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124;
2. Home occupations which require a condi-
tional use permit pursuant to Chapter 19.92 of this
title;
3. Lazge-family day care home, which othervvise
does not meet the criteria for a permitted use. The
588-12a (Cupertino 8-98)
19.32.040
conditional use permit shall be processed as provid-
ed by Section 1597.46 (3) of the State of California
Health and Safety Code.
B. Issued by the Planning Commission:
1. Residential caze homes. in each unit;
2. Residential Gaze facility, in each unit, that is
not required to obtain a license by the state, county
agency or department and has six or less residents,
not including the provider, provider family or staff;
3. Residential care facility, in each unit, that has
the appropriate state, county agency or department
license and has seven or greater residents, not in-
cluding the provider, provider family or staff, is a
minimum distance of five hundred feet from the
property boundary of another residential care facili-
ty;
4. Residential care facility, in each unit, that is
not required to obtain a permit from the state,
county agency or department license and has seven
or greater residents, not including the provider,
provider family or staff, is a minimum distance of
five hundred feet from the property boundary of
another residential care facility and has a minimum
of seventy-five square feet of usable reaz yard azea
per occupant;
5. Congregate residence with eleven or more
residents which is a minimum distance of one thou-
sand feet from the boundary of another congregate
residence and has a minimum of seventy-five square
feet of usable rear yazd area per occupant. (Ord.
1688 § 3 (part), 1995; Ord. 1657 (part), 1994; Ord.
1601 Exh. A (part), 1992)
19.32.050 Height of buildings and
structures.
The height of buildings and structures in R-2
zones shall be restricted as follows:
A. The maximum height shall be two stories, not
exceeding a total of thirty feet;
B. Accessory buildings shall be limited to a
height of one story not exceeding a total of fifteen
feet;
C. The City Council may prescribe that all
buildings in a designated area be limited to one
story in height (not to exceed eighteen feet) by
affixing to the R-2 zoning district symbol the desig-
nation "i." (Ord. 1601 Exh. A (part), 1992)
19.32.060 Lot area and width.
A. Lot area shall correspond to the number (mul-
tiplied by one thousand square feet) following the
R-2 symbol. Examples aze as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-2 8.5 8,500
R-2 10 10,000
R-2 12 12,000
R-2 15 15,000
The minimum lot size in an R-2 zone is eight
thousand five hundred square feet.
B. Existing legal lots of record which contain
less area than required by Section 19.32.060A, but
not less than seven thousand five hundred square
feet, may nevertheless be used as building sites
provided that all other applicable requirements of
this title are fulfilled.
C. Notwithstanding the restrictions contained in
subsection 19.32.060A of this section, a reduction
in the minimum lot size of no more than five per-
cent of the net lot area is permitted for a lot when
fifty percent or more of the net lot area is adjacent
to a curvilineaz street.
D. The minimum lot width in an R-2 zoning
district is seventy feet at the building setback line,
except that with respect to lots which have a net lot
area of nine thousand square feet or more and which
face a cul-de-sac, the minimum lot width is sixty
feet. (Ord. 1784 (part), 1998; Ord. 1601 Exh A
(part), 1992)
1932.070 Building coverage and setbacks.
Building coverage and setback regulations in R-2
zoning districts are as follows:
A. The maximum lot coverage by all permanent
buildings on a lot in an R-2 zone is forty percent of
the net lot area.
(C~pefino 8-9s) 588-12b
19.32.070
B. The minimum front-yard setback is twenty
feet, provided that the minimum may be reduced to
fifteen feet with respect to lots having curved drive•~
ways which enter the side of a garage.
C. The minimum side-yard setback shall be-
twenty percent of the lot width measured at the front:
setback line. No side setback may be less than six.
feet. The minimum side-yani setback shall be in-
588-13 ~cwp~,tna s-9s>
19.40.070
C. Outdoor Lighting. All outdoor lighting shal l
be identified on the site development plan. No high••
intensity lights are permitted for tennis courts o~-
other recreational purposes. Movement-activated
security lights, not to exceed one hundred watts, are;
pemutted but must be shielded to avoid all off-site;
intrusion. All other lights must be directed to meet
the particular need. (Ord. 1725 (part), 1996; Ord.
1634 (part), 1993)
19.40.080 Fencing.
All provisions of this section may be deviated'.
from upon an exception granted by the Planning;
Commission in accordance with Section 19.40.140..
All fences in an 1ZIiS zoning district shall be gov-
erred by the following regulations:
A. Solid board fencing shall:
1. Not be limited on lots of less than thirty
thousand square feet net area;
2. Be limited to a five thousand square foot area.
(excluding the principal building) for lots exceeding
thirty thousand square feet in net lot area.
B. Open fencing (composed of materials which.
result in a minimum of seventy-five percent visual
transparency) shall be unrestricted except that such.
fencing over three feet in height may not be con-
structed within the front yard setback. (Ord. 1634
(part), 1993)
19.40.090 Permitted yard encroachment.
All provisions of this section may be deviated
from upon an exception granted by the Planning
Commission in accordance with Section 19.40.140.
A. Architectural features (not including patio
covers) may extend into a required yard a distance
not exceeding three feet, provided, that no architec-
tural feature or combination thereof, whether a
portion of a principal or accessory structure, may
extend closer than three feet to any property line.
B. Additions to Existing Structures. Except for
structures located within the prominent ridgeline site
line, where asingle-family dwelling legally con-
structed according to existing yard and setback
regulations at the time of construction encroaches
upon present required yards, one encroaching side
of the existing structure may be extended along the
existing building lines even when the existing first
floor setbacks do not meet the requirements of this
chapter. Only one such extension shall be permitted
for the life of such building. This applies to the first
story only. This section shall not be construed to
allow the further extension of an encroachment by
any building which is the result of the granting of
a variance, either before or after such building be-
comes part of the City. The extension or addition
may not further encroach into any required setback;
e.g., a single story may be extended along an exist-
ing five-foot side yard setback even though the
other side yard does not equal ten feet. However, in
no case shall any wall plane of a first story addition
be placed closer than three feet to any property line.
(Ord. 1634 (part), 1993)
19.40.100 Geologic and soils report
procedures.
A. A geological report prepared by a certified
engineering geologist and a soils report prepared by
a registered civil engineer qualified in soils mechan-
ics by the state shall be submitted prior to the issu-
ance of a building permit for construction of any
building or structure which:
1. Is located on property in an 12IiS zoning
district which has been designated by the General
Plan to be within a geological hazard area; and
2. Where ari addition, alteration or repair of an
existing building or structure include at least one of
the following:
a. The improvements include increasing the
occupancy capacity of the dwelling such as adding
a bedroom or secondary unit, or
b. The cost of the completed addition, alteration
or repairs will, during any period of twelve months,
exceedtwenty-five percent of the value of the exist-
ing improvements as determined by the building
official based on current per foot value of the pro-
posed structure to the existing structure's value on
a parcel of property. For the purposes of this sec-
tion, the value of existing improvements shall be
deemed to be the estimated cost to rebuild the im-
588-22a (L~pertino 8-98)
19.40.100
provements in kind, which value shall be determined
by the building official.
B. These reports shall be filed in conjunction
with a site development plan and, in addition to the
requirements of Chapter 16.12 of this code, shall
contain:
1. All pertinent data, interpretations and evalua-
tions, based upon the most current professionally
recognized soils and geologic data;
2. The significance of the interpretations and
evaluations with respect to the actual development
or implementation of the intended land use through
identification of any significant geologic problems,
critically expansive soils or other unstable soil con-
ditions which if not corrected may lead to structural
damage or aggravation of these geologic problems
both on- and off-site;
3. Recommendations for convective measures
deemed necessary to prevent or significantly miti-
gate potential damages to the proposed project and
adjacent properties or to otherwise insure safe devel-
opment of the property;
4. Recommendations for additional investiga-
tions that should be made to insure safe develop-
ment of the property;
5. Any other information deemed appropriate by
the City Engineer.
C. No building permit shall be issued for the
construction of any building or structure on property
which is subject to regulation under this section,
uNess the building and site plans incorporate the
above-described corrective measures and unless the
plans aze approved by the City Engineer. (Ord. 1634
(part), 1993)
19.40.110 Private roads and driveways.
All provisions of this section may be deviated
from upon an exception granted by the Planning
Commission in accordance with Section 19.40.140.
A. Pavement Width and Design. The pavement
width and design for a private road or common
driveway serving two to five lots and asingle-lot
driveway shall comply with development standards
contained in the Hillside Subdivision Ordinance,
Chapter 18.52 of this code.
B. Reciprocal ingress/Egress. An applicant for
a building permit for a lot served by a private road
or common driveway shall record an appropriate
deed restriction guazanteeing reciprocal in-
gress/egress easement to adjoining property owners
who utilize the private road or common driveway
for the primary access to their lot(s).
C. Reciprocal Maintenance Agreement. The
applicant for a building permit for a lot served by
a private road or common driveway shall record an
appropriate deed restriction guaranteeing participa-
tion in a reciprocal maintenance agreement with
other lot owners utilizing the private road or com-
mon driveway for primary access.
D. Gates. Gates may be used to control access
to private roads and driveways provided that the
design of the gate, including location, dimension
and the locking devices, are approved by the Direc-
tor of Community Development after consultation
with the Central Fire District. (Ord. 1784 (part),
1998; Ord. 1634 (part), 1993)
19.40.120 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solar purposes; provided, that
no such structure shall infringe upon solar access or
property rights of adjoining property owners. Any
solaz structure which requires variation from the
setback or height restrictions of this chapter may be
permitted upon issuance of an exception by the
Planning Commission. (Ord. 1634 (part), 1993)
19.40.130 Interpretation of planning
director.
The Director of Community Development shall
be empowered to make reasonable interpretations of
the regulations and provisions of this chapter, con-
sistent with the legislative intent thereof. Persons
aggrieved by an interpretation of this chapter by the
Director of Community Development may petition
the Planning Commission in writing for review of
the interpretation. (Ord. 1634 (part), 1993)
(CupeRino 8-98) 588-22b
19.48.030
development standards and regulations of the per•~
miffed and conditional uses shall be established ir,~
conjunction with the approval of the conceptual and'.
definitive plans. (Ord. 1637 (part), 1993; Ord. 1601
Exh. A (part), 1992)
19.48.040 Conceptual development plans.
The applicant for a PD zoning district shall, at the:
time of the application, submit to the Director oi'
Community Development a conceptual development:
plan, which will include a general description of the
proposed uses, the proposed traffic-circulation sys-
tem, atopographical map of the site and the neigh-
boring properties, a landscaping plan, and any other
information required by the Director of Community
Development, the Planning Commission, or the City
Council. The Director of Community Development:
shall provide the applicant with a detailed list oi'
information required for a conceptual development.
plan. (Ord. 1601 Exh. A (part), 1992)
19.48.050 Action by the Planning
Commission.
A. The Planning Commission shall hold a public
hearing on any application for zoning or prezoning
property initiated pursuant to this chapter in the
same manner as prescribed by Chapter 19.120 of
this Code and by state law for the zoning, prezoning
or rezoning of property.
B. In addition to the requirements of Chapter
19.120 regarding zoning of property, the Planning
Commission shall review and consider all materials
submitted by the applicant pursuant to this chapter,
and shall prepare and recommend to the City Coun-
cil, asappropriate, the specific conditions of approv-
al, and state the reasons for the recommendation.
C. If the recommendation is one for approval of
the application, the following findings and deter-
minations must be made by the Planning Commis-
sion:
1. That the conceptual development plan at-
tached to the application is consistent with both the
General Plan and any specific plan which regulates
the site;
2. That the conceptual development plan pro-
vides for an organized and unified system of land
uses and land use intensities which would be com-
patible with the surrounding neighborhood;
3. That a conceptual development plan for a
residential use insures that the proposed develop-
ment provides adequate active and passive oriented
open space within the development to satisfy the
needs of future residents and, further, that the pro-
posed development provides adequate landscaping
that will function in a manner which will enhance
the individual development and the community as
a whole;
4. That the conceptual plan ensures that the
location of the site with respect to major thorough-
fares and uses outside the zone would not create
undue and unreasonable traffic congestion in the
area;
5. That the conceptual plan makes provisions for
adequate parking, waste disposal and underground-
ing of utilities. (Ord. 1637 (part), 1993; Ord. 1601
Exh. A (part), 1992)
19.48.060 Zoning or prezoning-Action by
the City Council.
A. Upon receipt of the recommendation of the
Planning Commission, the City Council shall hold
a public hearing pursuant to the procedures de-
scribed in Chapter 19.116 of this Code and pursuant
to State law, to consider the recommendation. The
City Council may approve, modify, or disapprove
a recommendation of the Planning Commission;
provided, that any modification of the proposed
application, which was not considered by the Plan-
ning Commission, shall first be referred to the Plan-
ning Commission for report and recommendation
(which does not require the holding of a public
hearing).
B. Failure of the Planning Commission to issue
a report and recommendation on the proposed modi-
fication within forty days after referral, or such
longer period as may be prescribed by the City
Council, shall be deemed to be an approval of the
proposed modification.
5 88-29 (Cupedino 8-98)
19.48.060
C. Upon final approval of the application, the
City Council shall enact an ordinance zoning or
prezoning the subject property or properties as a
planned development zone, incorporating within
such ordinance the conceptual- plan and conditions
of approval. Any modification of the conceptual
plan requires the submission of a rezoning applica-
tion. (Ord. 1601 Exh. A (part), 1992)
19.48.070 Use permit required-Definitive
development plan.
A. Prior to any development within a planned
development zoning district, the applicant must
obtain a conditional use permit approving the devel-
opment, issued by the Planning Commission, except
that in the event that the application is for new
development of five thousand square feet or more
of commercial or ten thousand square feet or more
for industrial and/or office use, or eight or greater
residential units, the conditional use permit may
only be issued by the City Council upon recommen-
dation of the Planning Commission.
B. Any application for a conditional use permit
shall be accompanied by a definitive development
plan which shall include architectural drawings of
the proposed development, maps showing the loca-
tions of buildings, renderings showing building
heights and square footages, maps showing the
precise location of roads, streets, alleys and access
points, a traffic analysis, a construction plan, and
any other information required by the Director of
Community Development, Planning Commission or
City Council. The Director of Community
Development shall provide the applicant with a de-
tailed list of information required for a definitive
development plan.
C. A definitive development plan shall encom-
pass the entire property, unless, in the opinion of the
Director of Community Development, the imple-
mentation of a definitive plan for a portion of the
site will not delay, hinder or otherwise be in conflict
with the implementation of the conceptual develop-
ment plan for the remainder of the site.
D. Nothing in this chapter is intended to prohibit
a combined application for zoning and use permit
to be considered at the same public hearing. Howev-
er, the applicant, in that event, shall prepare both a
conceptual development plan and a definitive
development plan for consideration. In the event the
combined application includes a use permit which
is reviewed by the Director of Community Develop-
ment, the combined application shall be processed
and reviewed as provided by Section 19.04.090.
(Ord. 1656 § 2, 1994; Ord. 1637 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.48.080 Action by Planning Commission.
A. The Planning Commission shall hold a public
hearing on any application for a conditional use
permit issued under the provisions of this chapter in
the same manner as prescribed in Chapter 19.124 of
this Code.
B. In addition to the requirements of Chapter
19.124 regarding the issuance of conditional use
permits, the Planning Commission shall review and
consider all materials submitted by the applicant,
and in cases where it is the decisionmaker, may
approve or deny the application. Any such approval
shall contain specific conditions of approval and
shall include all necessary findings and reasons for
the approval. Any final decision by the Planning
Commission under this section is subject to appeal
to City Council pursuant to Chapter 19.136.
C. With respect to any action by the Planning
Commission which constitutes a recommendation to
the City Council, the recommendation shall contain,
as appropriate, the specific conditions for approval,
and the reason for the recommendations based upon
the required findings for the granting of any use
permit under Chapter 19.124, as well as a determi-
nation that the definitive development plan is con-
sistent with the conceptual development plan. (Ord.
1637 (part), 1993; Ord. 1601 Exh. A (part), 1992)
19.48.090 Conditional use permit-Action
by the City Council.
Upon receipt of a recommendation from the
Planning Commission, the City Council shall hold
a public hearing pursuant to the procedures de-
(c~pectino 8-98) 588-30
19.48.090
scribed in Chapter 19.124 of this Code to consider
the recommendation. The City Council may ap-
prove, modify, or disapprove a recommendation of•
the Planning Commission, provided that any modifi-
cation of the proposed application, which was not
considered by the Planning Commission, shall first.
be referred to the Planning Commission for report
and recommendation (which does not require the
holding of a public hearing). (Ord. 1784 (part),
1998; Ord. 1637 (part), 1993; Ord. 1601 Exh. A
(part), 1992)
19.48.110 Modifications of the definitive
development plan.
A. Minor Modifications. In the event that the
applicant or subsequent property owner wishes to
make a minor alteration, change or amendment of
the approved defirritive development plan, he shall
submit a written request to the Director of Commu-
nity Development, together with a proposed revised
definitive development plan. If the Director deter-
mines that the modification does not result in a
change in the general appearance or function of the
project, he may approve the modification in a man-
ner specified in Chapter 19.132.
B. Other Modifications. If the Director of Com-
munity Development determines that a proposed
modification to a definitive development is not
minor, then the applicant must seek an amendment
to the underlying conditional permit by the Planning
Commission, except that in the event that the modi-
fication is for new development of five thousand
square feet or more of commercial or ten thousand
square feet or more for industrial and/or office use,
or eight or greater residential units, the conditional
use permit may only be issued by the City Council
upon hearing and recommendation of the Planning
Commission.
C. Change of Use.
1. A change from a conditional use or a permit-
ted use to another permitted use within a PD zoning
district does not require a modification of the defini-
tive plan unless the change of use will also change
the general appearance or change how the definitive
development plan functions vis-a-vis neighboring
properties.
2. A change from a permitted use to a condi-
tional use requires the issuance of separate condi-
tional use permit by the City body which would
ordinarily consider such a permit in other zones
within the City. (Ord. 1715 (part), 1996; Ord. 1601
Exh. A (part), 1992)
588-31 (Cupertino 8-98)
19.52.010
Chapter 19.52
DENSITY BONUS
Sections:
19.52.010 Purpose.
19.52.020 Definitions.
19.52.030 Applicability.
19.52.040 Concessions.
19.52.050 General requirements.
19.52.060 Requirements for projects with
affordable units.
19.52.070 Application procedure.
19.52.010 Purpose.
The density bonus ordinance codified in this
chapter is intended to comply with the State Density
Bonus Law, Government Code Section 65915,
which provides that a local government shall grant
a density bonus and an additional concession, or
financially equivalent incentive(s), to a developer of
a housing development agreeing to construct a spec-
ified percentage of housing for lower income house-
holds, very low income households or senior citi-
zens. (Ord. 1569 § 1 (part), 1991)
19.52.020 Definitions.
As used in this chapter, the following terms shall
have the following meanings unless otherwise indi-
cated from the context:
"Affordable units" means housing units in which
the rent does not exceed twenty-five percent of the
HUD income limits for lower and very low income
households for Santa Claza County adjusted for
household size.
"Concession" means a benefit offered by the City
to facilitate construction of eligible projects as de-
fined by the provisions of this chapter. Benefits may
include, but are not limited to, priority processing,
fee deferments and waivers, granting of variances,
and relaxation of otherwise applicable permit condi-
tions.
"Density bonus" means an increase in the number
of dwelling units authorized for a particulaz parcel
of land beyond the maximum allowed by the Gener-
al Plan range specified on the land use map of the
City of Cupertino General Plan as of the date of the
project application.
"Economically feasible" means when a housing
project can be built with a reasonable rate of return.
The housing developer's financial ability to build
the project shall not be a factor.
"Household type" means whether the occupants
of the housing units aze very low income, lower
income or senior citizens.
"Housing development" means one or more
.groups of projects with residential units constructed
in the planned development of the City.
"Lower-income household" means a household
whose gross income is as established by Health and
Safety Code Section 50079.5.
"Senior citizens" means:
1. Persons at least sixty-two years of age; or
2. Persons at least fifty-five years of age in a
senior citizen housing development, in accordance
with State and federal law.
"Senior citizen units" means:
1. Government subsidized housing units for
senior citizens;
2. Housing intended for, and solely occupied by,
persons at least sixty-two years of age; or
3. Housing consisting of at least one hundred
fifty units in which eighty percent of the units have
at least one person aged fifty-five or older and
which provide special facilities and services de-
signed for seniors.
Eligibility for a density bonus or other concession
for senior citizen units must be in conformity with
State and federal laws governing senior housing
projects.
"Very low income household" means a household
whose gross income is as established by Health and
Safety Code Section 50105. (Ord. 1569 § 1 (part),
1991)
1952.030 Applicability.
A. All housing developments greater than five
units (excluding density bonus units) aze eligible for
one density bonus of at least twenty-five percent,
(cwpertino 8-98) 588-32
19.52.060
each household on request by the City, but in no
event less frequently than once a year. The owner
shall maintain complete, accurate and current re-
cords pertaining to the housing development, anti
will permit any duly authorized representative of thE;
City to inspect the records pertaining to the afford-
able units and occupants of these units.
E. The City may establish fees associated with
the setting up and monitoring of affordable units.
F. The owner shall submit an annual report to
the City, on a form provided by the City. The report
shall include for each affordable unit the rent, in~-
come, and family size of the household occupying;
the unit.
G. The owner shall provide to the City an3~
additional information required by the City to insure:
the long-temz affordability of the affordable units b}~
eligible households. (Ord. 1731 (part), 1996; Ord.
1569 § 1 (part), 1991)
19.52.070 Application procedure.
A. A developer may submit to the Planning De-
partment apreliminary proposal for the developmenr
of housing pursuant to this chapter prior to the:
submittal of any formal application. The City shall,
within ninety days of receipt of a written proposal,
notify the housing developer in writing of its local
density procedures. The City shall establish proce-
dures for waiving or modifying development andl
zoning standards which would otherwise inhibit the:
utilization of the density bonus on a particular site..
These procedures shall include, but not be limited!
to, such items as minimum lot size, side-yard set•~
backs, and placement of public works improve•~
menu. The housing developer shall show that the:
requested waiver or modification is necessary to
make the affordable units economically feasible.
B. Formal application shall follow the review
process as set forth for conditional use permits in.
Chapter 19.124 of the Cupertino Municipal Code:
established by the City and shall provide additional.
information as specified in this chapter, specifically:
1. Provide a written statement specifying the.
desired density increase, incentive requested and the
type, location, size and construction scheduling of
all dwelling units;
2. Submit a project financial report (pro forma),
as required;
3. Any other information requested by the Di-
rector of Community Development. (Amended dur-
ing 4/94 supplement; Ord. 1569 § 1 (part), 1991)
:1g8-35 (Cupertino 8-98)
19.56.010
Chapter 19.56
GENERAL COMMERCIAL (CG) ZONES*
Sections:
19.56.010 Purpose.
19.56.020 Applicability of regulation.
19.56.030 Permitted uses.
19.56.040 Conditional uses.
19.56.050 Excluded uses.
19.56.060 Conditional use permit for new
development.
19.56.070 Land use activity and site
development regulations.
19.56.080 Interpretation by the Planning
Director.
* Prior history: amended during 4/94 supplement and by Ords. 1601,
1618, 1630 and 1637.
19.56.010 Purpose.
The purpose of the general commercial zoning
district is to establish regulations for retailing,
offices and service establishment offering goods and
services to the general public which will assure
maximum compatibility with surrounding residential
areas as well as minimize adverse traffic impacts
resulting from commercial development. (Ord. 1687
Exh. A (part), 1995)
19.56.020 Applicability of regulation.
No building, structure, or land shall be used, and
no building or structure shall be erected, structurally
altered, or enlazged in a CG zone, otherwise than in
conformance with the provisions of this chapter and
other applicable provisions of this title. (Ord. 1687
Exh. A (part), 1995)
19.56.030 Permitted uses.
The following uses shall be permitted in a general
commercial (CG) zoning district subject to the per-
formance standards contained in Section 19.56.070.
A. Retail businesses, such as, but not limited to,
food stores (excluding convenience markets), drug-
stores, apparel shops, variety stores and hardware
stores;
B. Full service restaurants (without sepazate bar
facilities) where all public entrances face away from
residential zoning districts and where the required
customer parking is located within close proximity
of the entrance and is more than one hundred feet
from any residential district;
C. Professional, general, administrative, business
offices, business services, such as advertising bu-
reaus, credit reporting, accounting and similaz con-
sulting agencies, stenographic services, and commu-
nication equipment buildings, except that such uses
shall not comprise more than twenty-five percent of
the building space in a shopping center,
D. Banks, financial institutions, insurance and
real estate agencies, travel agencies, photography,
and similar studios which directly serve the public;
F. Laundry facilities, including self service and
full service operations; and retail dry cleaning estab-
lishments, 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. Dry
cleaning is limited to items directly delivered to the
establishment by retail customers;
G. Private clubs, lodges, or fraternal organiza-
tions assubordinate uses in buildings intended pri-
marily for other permitted uses provided for in this
section;
H. Limited repair services, such as jewelry,
household appliance, typewriter and business ma-
chine repair shops;
I. Personal service establishments such as baz-
bershops, beauty parlors, massage establishments,
shoe repair shops, and tailor shops;
J. Accessory facilities and uses customarily
incidental to permitted uses;
K. A maximum of four video game machines,
provided these machines are incidental to the main
activity of the business;
(Cupertino 8-98) 588-36
19.56.030
L. Specialty food stores which comprise les;c
than fifty percent of the retail space of a single;
building or shopping center and which do not ex-
ceed ten thousand squaze feet;
M. Pet shop and pet services facilities (buildings;-
which aze located in a sound-proof structure and are;
in compliance with Santa Clara County Health De-
partment regulations;
N. Child day caze facilities located within are
established business serving that business only and
which do not generate additional traffic from that
produced by the business itself;
O. Other uses which, in the opinion of the Dic••
for of Community Development, are similar to the;
above permitted uses, and which do not create sig-
nificant adverse impacts to the surrounding area due;
to odor, dust, smoke, glaze, fumes, radiation, vibra••
tions, noise, traffic or litter. (Ord. 1687 Exh. A.
(Part), 1995)
19.56.040 Conditional uses.
Uses may be conditionally allowed in the CCU
zoning district, subject to issuance of a conditional
use permit by the Planning Commission. (Ord. 17841
(part), 1998; Ord. 1687 Exh. A (part), 1995)
19.56.050 Excluded uses.
The following uses shall not be permitted ire
general commercial (CG) zones:
A. Businesses where the primary activity i:~
related to the on-site manufacturing, assembly o~-
storage of building components intended for use b3~
general contractors or wholesalers;
B. Wholesale lumberyards, warehouses, storage;
garages, nurseries, greenhouses and other wholesale;
businesses, except computer hardwaze and software;
and communications businesses for which the cit3~
may generate sales tax revenue where the primar3~
activity is to conduct sales and services to other
businesses rather than to direct retail customers;
C. Other uses which, in the opinion of the Plan-
ning Commission, are objectionable by reason o:P
odor, dust, smoke, glare, fumes, radiation, vibration,
noise, traffic or litter shall be excluded. (Ord. 168
Exh. A (part), 1995)
19.56.060 Conditional use permit for new
development.
A. Prior to the erection of a new building or
structure in a CG zoning district, or prior to the
enlargement or modification of an existing building,
structure, or site (including landscaping and lighting)
in a CG zoning district, the applicant for a building
permit must obtain a use permit from the Planning
Commission unless the building square footage is
five thousand squaze feet or greater, in which case
the conditional use permit may only be issued by
the City Council upon recommendation of the Plan-
ning Commission.
B. Minor architectural modifications including
changes in materials and colors shall be reviewed by
the Director of Community Development as speci-
fied in Chapter 19.132 of this code. If an application
is diverted to the Planning Commission, the applica-
tion shall be agendized for a Planning Commission
meeting as an azchitectural and site application.
(Ord. 1784 (part), 1998; Ord. 1687 Exh. A (part),
1995)
19.56.070 Land use activity and site
development regulations.
A. Land Use Criteria. Unless otherwise provided
by a conditional use permit, the following regula-
tions shall apply to all users governed by this chap-
ter.
1. The activity must be conducted entirely with-
in abuilding or enclosed patio or atrium except for:
a. Vehiculaz parking including the parking of
business related vehicles that comply with the sign,
off-street parking and noise regulations;
b. Outdoor seating for restaurants as long as the
number of seats do not exceed twenty percent of the
number of authorized indoor seats and is otherwise
compatible with Chapter 19.100 of this code;
c. Special promotional events undertaken by
permitted businesses;
d. The display of merchandise in front of stores
containing a minimum of twenty thousand square
feet of floor azea. The merchandise must be dis-
played under a roof overhang or canopy and must
be displayed in an organized, neat and safe fashion;
:588-37 (C~peaino 8-98)
19.56.070
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 equip-
ment which, when not in use, is stored in an ap-
proved enclosed space.
2. The activity must comply with the City noise
standazds, including pick-up and delivery times.
Some activities are permitted when located in a
sound-proof space. Asound-proof space is an en-
closed area which is designed to prevent internally
generated noise from being audible from a receptor
located outside of the structure. An acoustical engi-
neershall 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 hazazdous
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 hazazdous mate-
rial. Examples: swimming pool and spa supply,
photo finishing, dental office.
5. The activity complies with applicable off-
street parking standards including shared pazking
arrangements specified in the off-street parking
ordinance.
B. Lot Area and Coverage. Except as may be
provided in the General Plan or applicable specific
plan, no minimum lot azea or coverage is required;
provided, however, that any lot in a CG zoning
district shall have sufficient area to satisfy off-street
parking and loading requirements contained in this
title and shall otherwise comply with any setback
regulations of this chapter or the General Plan.
C. Height of Buildings and Structures. Except as
otherwise provided by the General Plan or applica-
ble specific plan, the maximum height of a build-
ing/structure in a CG zoning district is thirty feet.
D. Required Setbacks for Buildings and En-
closed Patio/Atrium Space.
1. Front yazd. Front-yard setbacks for each site
or lot in CG zone may be established by the City
Council upon recommendation of the Planning
Commission based upon special policies contained
in the General Plan and/or applicable specific plan
and to insure sufficient space to provide adequate
light, air and visibility at intersections; to assure
general conformity to yard requirements of adjacent
or nearby zones, lots or parcels; and to promote
excellence of development.
2. Side and Reaz Yard. Unless regulated by a
specific plan, no side or reaz yazd setback shall be
required in a CG zoning district, except where a lot
in a CG zone abuts any residential or agricultural-
residential zone in which case the following regula-
tions apply:
a. No part of any building in a CG zoning dis-
trict shall be closer to a lot in a residential or agri-
cultural-residential zone than the height of that
particular part of the building.
b. The side yard adjacent to a lot in a residential
or agricultural-residential zone shall be a minimum
of twelve feet.
c. The side yard adjacent to a street shall be a
minimum of twelve feet.
d. The reaz yard adjacent to a lot in a residential
or agricultural-residential zone shall be a minimum
of twenty feet or a distance equal to one and one-
half feet of horizontal setback distance for each foot
of height of a commercial building measured from
its eave line or top of parapet. The greater distance
shall prevail.
E. Noise Standards.
1. New Construction. The construction of new
buildings on property adjoining a residential district
which is not included in a joint development plan
shall install the noise attenuation devices described
in paragraphs a through d of this subdivision. The
construction of retail structures in a mixed use resi-
dential development shall employ noise attenuation
techniques recommended by an acoustical engineer
to comply with the community noise ordinance.
(CupeKino 8-98) 588-38
19.56.070
a. Exterior walls shall be designed to attenuate
all noise emanating from interior retail space.
b. Locate loading docks and doors away from
residential districts. Required fire doors are exclud-
ed.
c. Air conditioning, exhaust fans, and other
mechanical equipment shall be acoustically isolated
to comply with the noise ordinance.
d. A minimum eight-foot-high masonry sound
wall shall be installed on or adjacent to the common
property line between a retail and residential proper-
ty. Wall height is measured from the property with
the highest finish grade.
An acoustical engineer shall certify that the above
sound attenuation measures comply with the intent
of the regulation and the City's community noise
ordinance.
2. Sound attenuation for activities regulated by
use permit.
All activities described in Section 19.56.040
(conditional uses) that have a high probability of
generating noise which may transmit into adjoining
residential properties shall comply with the noise
attenuation requirement listed in subsection E1 of
this section.
F. Lighting. New lighting fixtures for any new
site construction or building improvements shall
meet the following requirements:
1. All exterior lighting shall be a white type
light either metal halide or a comparable color cor-
rected light unless otherwise approved as part of a
development plan.
2. The light fixtures shall be oriented and de-
signed to preclude any light and direct glaze to
adjacent residential properties. No direct off-site
glare from a light source shall be visible above three
feet at a public right-of--way.
3. Parking lots, sidewalks and other areas acces-
sible to pedestrians and automobiles shall be illumi-
natedwith auniform and adequate intensity. Typical
standards to achieve uniform and adequate intensity
are:
a. The average horizontal maintained illumina-
tion should be between one and three foot-candles;
and
b. The average maximum to minimum ratio
should be generally between six and ten to one.
4. Critical areas such as stairways, ramps and
main walkways may have a higher illumination.
5. Lighting around automatic teller machines
shall meet minimum standards required by the State
Business and Professions Code.
G. Landscaping. The application for use permit
to construct a building in a general commercial zone
shall be accomplished by a concept landscaping plan
which provides an effective year-round landscaping
screen in the setback area adjoining a residential
property. The intent of the plan is to screen the
building from the reaz yard of a residence. The
affected residents will be given notice of heazings
and may give testimony advocating an increase in
planting to provide more screening or reduction in
landscape material to preserve views and/or permit
more sun to enter their property. The intent of the
planning requirement is to provide screening within
five years. (Ord. 1784 (part), 1998; Ord. 1687 Exh.
A (part), 1995)
1956.080 Interpretation by the Planning
Director.
A. The Director of Community Development
shall be empowered to make reasonable interpreta-
tions of the regulations and provisions of this chap-
ter consistent with the legislative intent thereof. If
the Applicant is aggrieved by an interpretation of
the chapter by the Director of Community Develop-
ment,saidapplicant may petition the Planning Com-
mission in writing for review of the interpretation.
B. Owners of property immediately adjoining the
affected property shall be notified of a Planning
Commission review of a Director of Community
Development's interpretation. (Ord. 1687 Exh. A
(part), 1995)
588-38a (Cupertino 8-98)
19.64.010
Chapter 19.64
PUBLIC BUILDING (BA),
QUASI PUBLIC BUILDING (BQ)
AND TRANSPORTATION (T) ZONES
Sections:
19.64.010 Purpose.
19.64.020 Applicability of regulations.
19.64.030 Permitted uses in a BA zone.
19.64.040 Permitted uses in a BQ zone.
19.64.050 Conditional uses in a BQ zone.
19.64.060 Conditional uses in a T zone.
19.64.070 Requirement of a development
plan.
19.64.080 Architectural and site review.
19.64.090 Site development regulations.
19.64.010 Purpose.
The BA, BQ and T zoning districts are designed
to accommodate governmental, public utility, educa~-
tional, religious, community service, transportation,
or recreational facilities in the City. (Ord. 1601 Exh.
A (part), 1992)
19.64.020 Applicability of regulations.
The specific regulations of this chapter shall
apply to all BA, BQ and T zoning districts. (Ord.
1601 Exh. A (part), 1992)
19.64.030 Permitted uses in a BA zone.
Buildings and other uses on land owned o~~
utilized by a federal, state, county, or city govern-
ment or authority, or by a special district created fog-
public purposes under the laws of the State of Cali•-
forma are permitted in a BA zone. (Ord. 1601 Exh.
A (part), 1992)
19.64.040 Permitted uses in a BQ zone.
Building and other uses on land owned or utilized
by the following types of organizations, for the pur-
poses enumerated herein, are permitted in a BQ
zone:
A. Rotating homeless shelter provided that the;
following conditions aze met:
1. Shelter is located within an existing church
structure;
2. The number of occupants does not exceed
twenty-five;
3. The hours of operation do not exceed six
p.m. to seven a.m.;
4. Adequate supervision is provided;
5. Five safety regulations are met; and
6. Operation period does not exceed two months
in any twelve-month period at any single location.
Application for a rotating homeless shelter shall
be made to the Director of Community Develop-
ment. The Director shall approve the application if
it meets the above standards. (Ord. 1637 (part),
1993; Ord. 1601 Exh. A (part), 1992)
19.64.050 Conditional uses in a BQ zone.
The following uses maybe conditionally allowed
in the BQ district, subject to the issuance of a con-
ditional use permit issued by the Planning Commis-
sion:
A. Public utility companies regulated by the
Public Utility Commission for uses restricted to ad-
ministrative and office buildings, communication
equipment buildings, including parking, landscaping
and maintenance within an enclosed area or storage
yard;
B. Religious, civic, and compazable organiza-
tions, for uses restricted to church buildings, com-
munityhalls, administrative buildings, schoolrooms,
recreational facilities, and athletic fields, convents,
seminaries, and similaz uses customarily associated
with churches, including parking and landscaping
areas;
C. Child care facility, residential care facilities,
congregate residence, hospitals, vocational and spe-
cialized schools;
D. Lodges, clubs, country clubs, including
accessory uses such as swimming pools, picnic
areas, golf courses, driving tees or ranges, miniature
golf courses (all uses to be restricted to members of
the above organizations and their guests);
:588-43 (ewpertino 8-98)
19.64.050
E. Large-family daycare home;
F. Wireless communication facilities as de-
scribed in Chapter 19.108. (Ord. 1784 (part), 1998;
Ord. 1688 § 3 (part), 1995; Ord. 1601 Exh. A (part),
1992)
19.64.060 Conditional uses in a T zone.
The following uses are conditionally allowed in
the transportation (T) zoning district, subject to issu-
ance of a conditional use permit issued by the
Planning Commission:
A. Airports, airfields and helicopter terminals, in-
cluding administration and service buildings, mainte-
nance and storage yards;
B. Railroads, including terminals and stations,
freight yards, marshalling yards, storage yards,
administrative and service buildings;
C. Bus terminals and stations, including
administration and service buildings, maintenance
and storage yards;
D. Freeways, expressways, and other roads with
limited or controlled access, including administrative
buildings and maintenance yams. (Ord. 1601 Exh.
A (part), 1992)
19.64.070 Requirement of a development
plan.
Prior to the issuance of a conditional use permit,
or any amendment thereto, a development plan shall
be submitted to the Planning Commission. The plan
shall include:
A. Types and heights ofbuildings/structures and
location of azeas where buildings are to be placed;
B. A proposed system of public and private
streets, including cross-sections for all types of
streets;
C. Landscape plans;
D. Parking and loading plans as required by this
title;
E. Any other information, which the Director of
Community Development requires in order to evalu-
ate the effects of the proposed facilities on the sur-
rounding azeas. (Ord. 1601 Exh. A (part), 1992)
19.64.080 Architectural and site review.
Prior to the issuance of any conditional use per-
mit in a BA, BQ, or T zoning district, the proposed
use shall be reviewed pursuant to Chapter 19.134.
(Ord. 1784 (part), 1998; Ord. 1601 Exh. A (part),
1992)
19.64.090 Site development regulations.
A. Maximum Height of Buildings and Structures.
The height of buildings in BA, BQ and T zone
districts is regulated by the development plan.
B. Setbacks and Screening.
1. There are no minimum setbacks in BA, BQ
or T zoning districts; provided, however, that the
Planning Commission may establish minimum set-
backs with respect to each individual application for
a conditional use permit in order to provide ade-
quate light, air and visibility at intersections, and to
provide general conformity with adjacent and nearby
zones and lots, or to promote the general excellence
of the development;
2. Adequate screening to limit noise, to reduce
glaze of lights, and to prevent obnoxious omissions
shall be provided when deemed appropriate by the
Planning Commission. (Ord. 1601 Exh. A (part),
1992)
(Cupcrtino 8-98) 588
19.72.080
- Provide off-site roadway capacity 2. Potential Mitigation Strategies
improvements -Rural Context. Preserve hillsides
- Limit hours of operation or peak as quiet residential and open space ar-
hour activity eas
Intrusion. 1. General Standard - Semirural Context. Preserve deli-
- Adjoining properties shall not be cafe natural ecology of floodplain and
subject to intrusion from dust, odor, lower foothills
direct visual access or glare from -Urban Context. Maximize recre-
artificial lighting ation potential where population is
2. Potential Mitigation Strategies most highly concentrated
- Provide visual barrier between Built Form. 1. General Standard
activity area and adjoining properties -Establish building height and cov-
- Specify cleanup interval for waste erage in scale to surrounding struc-
removal/dust control lures
- Control ventilation of fossil fuels - Maintain a predominantly open
and other combustibles site for outdoor recreation use areas
- Employ shielded lighting fixtures 2. Potential Mitigation Strategies
near roadways, homes or parks -Define setbacks to control shad-
Landscape. 1. General Standards owing and to offset building mass
- Provide extensive landscaping for -Limit building coverage, parking,
functional and decorative purposes driveways to a minor percentage of
where context so demands land are for outdoor recreation sites
- Maintain and enhance natural -Employ grade depressions and
landscape elements in rural and hill- berming to control visual impacts to
side arereas streets and other public areas
2. Potential Mitigation Strategies (Ord. 1601 Exh. A (part), 1992)
- Use street frontage landscaping to
reinforce neighborhood setting (set- 19.72.090 Interpretation by the Community
backs, plant types, tree spacing) Development Director.
- Use interior perimeter landscaping The Community Development Director shall be
to control visual intrusion, separate empowered to make reasonable interpretations of the
conflicting uses, offset large impervi- regulations and provisions of this chapter, consistent
ous surface areas with the legislative intent thereof. Persons aggrieved
- Preserve healthy nativetree speci- by an interpretation of the chapter by the Communi-
mens, especially oaks and redwoods ty Development Director may petition the Planning
- Select plant palette to complement Commission in writing for review of the interpreta-
natural materials and landforms lion. (Ord. 1601 Exh. A (part), 1992)
- Minimize disturbance of natural
grade; avoid exaggerated pad eleva-
tions
Context. 1. General Standards
- Project design should complement
the principal activity objective for the
site's geographic setting
~~88-49 (Cupertino 8-98)
19.76.010
Chapter 19.76
ADMIMSTRATIVE AND PROFESSIONAL
OFFICE (OA) ZONES
Sections:
19.76.010 Purpose.
19.76.020 Applicability of regulations.
19.76.030 Permitted uses.
19.76.040 Conditional uses.
19.76.050 Site development regulations.
19.76.070 Conditional use permit for new
development.
19.76.010 Purpose.
An administrative and professional office (OA)
zone is created to accommodate a demonstrated
need for development of office space together with
necessary landscaping and off-street parking facili-
ties in locations served by primary access, yet inap-
propriate for commercial development because of
close proximity to purely residential uses. It is in-
tended that the professional office uses established
in this zone shall be designed and landscaped so as
to be in harmony with such adjacent residential
uses. (Ord. 1601 Exh. A (part), 1992)
19.76.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlarged in an administrative
and professional offices zone, otherwise than in
conformance with the provision of this chapter.
Compliance with this chapter does not relieve the
owner or developer of property intended to be in-
cluded in an (OA) zone from complying with all
other applicable City ordinances or conforming with
the provisions of the City's General Plan. (Ord.
1601 Exh.~ A (part), 1992)
19.76.030 Permitted uses.
The following uses shall be permitted in an ad-
ministrative and professional office zone:
A. Administrative or executive offices;
B. Professional offices;
C. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with provision of Chapter 19.80 of this title.
(Ord. 1601 Exh. A (part), 1992)
19.76.040 Conditional uses.
Research laboratories shall be permitted, subject
to issuance by the Planning Commission. This use
may include laboratories which investigate, analyze,
or experiment in order to establish new and revised
findings and standards. (Ord. 1601 Exh. A (part),
1992)
19.76.050 Site development regulations.
A. Height. Except as otherwise provided by the
General Plan, the maximum height of a principal
building structure in an OA zoning district shall not
exceed a height of two stories and thirty feet. Ac-
cessory buildings shall not exceed one story and
fifteen feet.
B. Lot Coverage. Buildings with foundation lines
shall not exceed forty percent of the net lot area.
C. Setbacks. The minimum front-yard setback
shall be twenty feet, no portion of which may be
used for required off-street parking; side and reaz
yard setbacks shall equal those required in the neaz-
est adjacent residential zone.
D. Off-Street Parking. One parking space, ten
feet by twenty feet, shall be required for every one
hundred fifty square feet of gross floor area, or one
such space for every 1.3 employees, whichever is
greater.
E. Landscaping and Site Layout. Landscaping
and site layout shall be approved by the Architectur-
al and Site Committee.
F. Signs. All signs must conform to Title 17 of
this code. (Ord. 1601 Exh. A (part), 1992)
19.76.070 Conditional use permit for new
development.
Prior to the erection of a new building or struc-
ture in an OA zoning district, or prior to the en-
lazgement or modification of an existing building,
structure, or site (including landscaping and lighting)
(cwpertino 8-98) 588-50
19.76.070
in an OA zoning district, the applicant for a buildin€;
permit must obtain a use permit from the Plannin€;
Commission unless the building square footage i:;
five thousand square feet or greater, in which case:
the conditional use permit may only be issued b}~
the City Council upon recommendation of the Plan-
ning Commission. (Ord. 1784 (part), 1998; Ord.
1637 (part), 1993)
588-SOa (Cupertino 8-98)
19.80.010
Chapter 19.80
ACCESSORY BUILDINGS/STRUCTURES
Sections:
19.80.010 Applicability of regulations.
19.80.020 Accessory uses and facilities.
19.80.030 Site development regulations.
19.80.010 Applicability of regulations.
The regulations established by this chapter shall
be applicable in each district established by this
title. (Ord. 1601 Exh. A (part), 1992)
19.80.020 Accessory uses and facilities.
A. Accessory uses and facilities shall be permit-
ted in any district where incidental to and associated
with a permitted use and authorized conditional use
therein, subject to the provisions of the section.
B. Accessory uses and facilities:
1. Shall be subordinate to the primary activity
of the principal use or principal facility, respective-
ly;
2. Shall contribute to the comfort, convenience,
efficiency or necessity of the occupants, or the ac-
tivities of a principal use, or the function of a prin-
cipal structure;
3. Shall be located on the same site as the prin-
cipal use or structure served.
C. Accessory uses and facilities include, but are
not limited to, the following list of examples, pro-
vided that each accessory use or facility shall com-
ply with all provisions of this title:
1. Residential garages, and parking facilities,
together with access and circulation elements neces-
sary thereto;
2. Customer, visitor and employee parking facil-
ities, and off-street loading facilities, together with
access and related elements necessary thereto;
3. Facilities for storage incidental to a principal
use;
4. Recreational uses and facilities for the use
and convenience of occupants or employees, or
guests thereof, of a principal use or facility;
5. Newsstands, gift shops, drugstores, and eating
and drinking facilities, or similaz services intended
solely for the convenience of occupants or employ-
ees, or guests thereof, of a principal use or facility;
6. Building management offices, when located
within the principal facility and limited to the man-
agement thereof;
7. Refreshment and service facilities in parks,
playgrounds, and in permitted public or private
recreation facilities or schools;
8. The operation of service facilities and equip-
ment in connection with schools, hospitals and
similaz institutions or uses, when located on the site
of the principal use.
D. No use or facility permitted as an accessory
use or facility pursuant to this chapter shall be con-
strued to be permitted as a principal use or facility
unless specifically authorized as permitted or condi-
tional use in the district in which it shall be located.
Operation, occupancy and continuance of allowable
accessory uses and facilities shall be conditioned
upon continued occupancy or use of the principal
use or facility being served. (Ord. 1601 Exh. A
(part), 1992)
19.80.030 Site development regulations.
A. General Regulations. Except as otherwise
provided in this section, accessory buildings shall at
all times be located in conformance with require-
ments for principal buildings, and shall not be locat-
ed in any required front, sides, or reaz yard setback
area.
B. Residential and Agricultural Zones. In resi-
dential and agricultural zoning districts, accessory
buildings and structures may be located in a re-
quired interior yard, subject to the following restric-
tions:
1. With respect to accessory buildings and struc-
tures (including decks and patios) which are at-
tached to principal dwellings, all site development
regulations, including setbacks, height and lot cover-
age regulations applicable to principal dwellings in
the applicable zone also govern attached accessory
buildings/structures except as otherwise specified
below:
(Cl~pertino 8-98) 588-SOb
19.80.030
a. Ground level paving, landscape features, and'.
open recreational facilities are excluded from lot
coverage regulations,
b. All site development regulations, including;
setbacks, height and lot coverage regulations appli-
cable to principal dwellings in the applicable zone:
also govern attached accessory buildings/structures
except as otherwise specified below,
c. They shall be structurally integrated with the:
principal dwelling,
d. Unenclosed patio covers may extend as close.
as ten feet to the reaz property line,
e. Attached recreational structures which have:
a floor or step height greater than eighteen inches.
above any point of the adjoining finished grade..
must have a minimum setback of ten feet from any
property line,
f. In agricultural zoning districts attached acces-
sory buildings/structures which are used solely for
agricultural uses are not restricted as to height,
provided that such buildings/structures aze of a.
design and height usual for that purpose,
g. First-floor decks and patios, other than de-
scribed in subsection Ble of this section, may en-
croach to within three feet of a property line,
h. First-floor decks and patios may encroach
three feet into front-yazd setbacks,
i. A second-story deck or patio may encroach
three feet into the front setback for the principal
dwelling,
j. The minimum side-yazd setbacks forsecond-
story decks and patios aze:
i. Fifteen feet in residential zones,
ii. Twenty feet in agricultural zones,
k. The minimum reaz-yard setbacks for second-
story decks and patios aze:
i. Twenty feet in residential zones,
ii. Twenty-five feet in agricultural zones;
2. With respect to detached accessory build-
ings/structures (including an R2 zoning district):
a. The maximum lot coverage is thirty percent
of the useable rear yazd area;
b. The minimum distance from a principal
dwelling is five feet (measured between the eaves);
c. Small, portable storage buildings less than six
feet in height, which are not attached to a building,
permanent foundation, or pad, may be located closer
than five feet to a principal dwelling, but no closer
than three feet from any property line;
i. No detached accessory building or structure
shall be located less than three feet from any proper-
ty line,
ii. Detached accessory buildings and structures
shall be limited to a single story, and shall not ex-
ceed aheight of seven feet beginning at a three-foot
setback from reaz or side property lines. The height
encompasses the entire wall plane nearest the prop-
erty line, including the roof, eaves, and any portion
of the foundation visible above the adjoining fin-
ished grade. The wall plane height may be increased
by one foot for each additional one and one-half feet
of setback (corresponding to athirty-three-degree
angle), up to a maximum wall plane height of fif-
teen feet, as depicted in the diagram attached to the
ordinance codified in this title. The maximum height
of construction shall not exceed twenty feet,
iii. Detached recreational buildings/structures
which have a floor or step height greater than eigh-
teeninches above any point at the adjoining finished
grade, must have a setback of ten feet from any
property. An affixed play structure, such as a swing
or climbing apparatus, is allowed in the setback azea
if it is at least three feet from the property line and
if it exceeds the heights and setbacks as required in
Section 19.80.030 B and C and meets one of the
two following conditions: It is adjacent to a comer
property line, or if not on a corner, the immediately
adjacent property owner agrees to the location prior
to construction,
d. The minimum front-yard setbacks for de-
tached accessory buildings/structures are:
i. Twenty feet in residential zones,
ii. Thirty feet in agricultural zones,
e. With respect to comer lots, the street-side
yard setback must be no less than fifteen feet and
no less than twenty feet in the event that the comer
lot is adjacent to a key lot,
_`88-51 (Cupertino 8-98)
19.80.030
i. In R-2 and R-3 zones, in the case of an inte-
rior lot abutting only one street, no detached acces-
sory building or structure, except a detached garage,
may occupy the front fifty percent of the lot area.
(Ord. 1784 (part), 1988; Ord. 1654 (part), 1994;
Ord. 1637 (part), 1993; Ord. 1601 Exh. A (part),
1992)
(Cupertino 8-98) 588-52
19.88.010
Chapter 19.88
CONVERSIONS OF APARTMENT
PROJECTS TO COMMUNITY
HOUSING PROJECTS
Sections:
19.88.010 Purposes.
19.88.020 Applicability of regulations.
19.88.030 General regulations.
19.88.040 Parking.
19.88.050 Application requirements.
19.88.060 Application procedures.
19.88.010 Purposes.
The purposes of this chapter aze as follows:
A. To regulate conversion of apartments and
other forms of rental housing units to condominiums
and other community housing projects in order to
provide for the housing needs of all economic seg-•
ments of the community;
B. To ensure that such conversions do not con••
flict with the goals or policies of the General Plaza
of the City of Cupertino;
C. To provide tenant and buyer protection relat••
ing to displacement and relocation of renters, ensur•-
ingthat purchasers are informed regarding the struc-
tural integrity of buildings and the on-site utilit3~
system, and ensuring that such buildings and utilit~~
systems reasonably comply with all current code:;
which may directly impact the health and safety o:F
future residences, including codes related to noisf;
and insulation standards. (Ord. 1601 Exh. A (part),
1992)
19.88.020 Applicability of regulations.
No apartment project may be converted to ~i
community housing project otherwise than in con-
formance with the provisions of this chapter. (Ord.
1601 Exh. A (part), 1992)
19.88.030 General regulations.
A. Community Impacts.
1. Residential Displacement.
a. i. in no case shall an apartment project be
converted to a community housing project unless
and until it can reasonably be demonstrated that
compazable replacement housing exists within the
housing market azea to accommodate those residents
displaced as a direct result of the proposed conver-
sion. The developer shall provide a relocation/dis-
placement plan which illustrates that sufficient re-
placement housing is available in the housing maz-
ket azea within a price range which is equal to or is
less than twenty-five percent of the household in-
come of the tenants to be displaced, or not to ex-
ceed the rent being paid for the existing rental unit
to be converted, whichever is higher.
ii. As used in this section "housing mazket area"
means that area bounded by Fremont Avenue locat-
ed in the City of Sunnyvale, to the north, Lawrence
Expressway to the east, Prospect Road to the south,
hence along a line generally following the westerly
boundazy of the Cupertino Urban Service Area
northerly to Highway 280, hence easterly along
Highway 280 to Foothill Boulevazd, hence northerly
along Foothill Boulevard to Homestead Road, hence
easterly along Homestead to Highway 85, hence
northerly along Highway 85 to Fremont Avenue.
b. Replacement housing must be shown to meet
any special needs of disabled tenants, which are
presently available in the project proposed to be
converted, such as facilities for the handicapped,
elderly, families with children, and availability of
public transportation for the elderly or residents who
do not own an automobile. The plan shall also dem-
onstrate that all other provisions relating to tenant
protection addressed in the chapter have been ful-
filled.
c. A developer may meet the above require-
ments through the provision of mitigating factors to
diminish the number and/or aid relocation of, dis-
placed tenants within the project. Such mitigating
measures may include, but are not limited to, dis-
counting the price of project units to tenant buyers,
offering a moving allowance, extending leases, or
providing below-market-rate units.
588-55 (Cupertino 8-98)
19.88.030
d. Notwithstanding the above provisions, in no
case shall an apartment house be converted to a
community housing project when the vacancy rate
for aparhnent houses within the housing market area
is less than five percent at the time of application
and has averaged five percent over the past six
months as determined by surveys conducted by the
Director of Community Development.
2. Conformity with the General Plan. No con-
version of apartment houses to community houses
to community housing projects shall be permitted
unless and until the City Council of the City of
Cupertino finds that the proposed conversion will
not conflict with the housing goals and policies of
the General Plan and will not adversely impact the
local school system.
3. Prohibition of Discriminating Against Pro-
spective Buyers with Children. In no case shall a
community housing project which has been convert-
ed, and which can reasonably accommodate chil-
dren, asdetermined in each case by the City Coun-
cil, limit initial sales to households or individuals
without children.
B. Tenant Protection.
1. The developer shall provide each tenant an
irrevocable, nontransferable, preemptive right to pur-
chase aunit or right of exclusive occupancy at a
price not greater than the price offered to the gener-
al public for such unit. Such right shall be irrevoca-
ble for a period of ninety days after the commence-
ment of sales or the issuance of the final public
report by the real estate commissioner. Tenants shall
have the right to the unit presently occupied and
then to other units in the project only after they
have been declined for purchase and vacated by the
occupying tenants. In no case shall an existing ten-
ant have a preemptive right to more than one unit.
2. The developer shall offer aninety-day exten-
sion of tenancy after the expiration of a lease or
rental agreement which would expire prior to or at
the time of commencement of sales or issuance of
the final public report by the real estate commission-
er.
3. The developer shall permit a tenant to termi-
nate any lease or rental agreement without any
penalty whatsoever after notice has been given of
the intention to convert to community housing if
such tenant notifies the developer in writing thirty
days in advance of such termination.
C. Buyerl'rotection. The developer shall famish
each prospective purchaser of a unit, a true copy of
the conditional use permit issued under this chapter
and a copy of each of the following informational
documents (the permit and documents shall be print-
ed in Spanish or the purchaser's native language if
requested):
1. Property report;
2. Structural pest control report;
3. Structural report and building department
report;
4. Building history report;
5. Statement of compliance (Form 643) pursuant
to 10 California Administrative Code, Section
2792.9, or its successor, relating to operating and
maintenance funds during startup;
6. Soils report as determined in each case by the
Director of Planning and Development;
7. Certificate of compliance.
D. Building and Site Improvements.
1. All private streets, driveways and parking
areas for the community housing projects shall be
improved and constructed with a structural section
and site dimensions in accordance with the standards
of the City of Cupertino and shall be designed to
ensure that access for municipal services shall not
be denied any dwelling unit therein by reason of
deteriorated or impassable private streets, driveways
or parking areas, as determined by the Director of
Public Works or his/her designee.
2. Sewage collection and water distribution lines
on private property and property under common
ownership shall be covered by one of the following
responsibilities.
a. All lines owned and maintained by the cor-
porations shall be constructed to the City of
Cupertino Standard Specifications for Public Works.
Water metering and billing shall be provided at each
individual townhouse lot as well as for the entire
development using a master meter. The difference
(Cupertino 8-98) 588-56
19.88.030
between the sum of the individual meters and the
reading of the master meter will be billed to the
corporate structure. A separate sewer lateral shall be
provided to serve each individual parcel.
b. All lines to be owned and maintained by the
City of Cupertino, a private water utility and/or the
Cupertino Sanitary District shall be placed in asphalt
concrete driveways, or a covered concrete line
trench, acceptable to the Director of Public Works,
or appropriate representation of the private water
utility or sanitary district (with the necessary public
utility easement running through the project) so as
to provide accessibility for the maintenance of the
lines. A water meter and sewer lateral shall be pro-
vided to serve each individual parcel.
c. In cases of conversion to a community
housing project not involving individual ownership
of separate parcels (e.g., community apartments,
stock cooperatives, planned developments, etc.),
separate utility services will not be required. th
these cases, utilities will be billed to the homeown-
ers association and a cash deposit to secure payment
of the bill will be required.
3. Undergrounding Requirements. All structures
being converted from individual, corporate or part-
nership ownership of apartment houses to communi-
ty housing projects shall, within the exterior bound-
ary lines of such property, have all electrical, com-
munication and similar distribution, service wires
and/or cables placed underground.
4. Compliance with Codes. The design, im-
provement and/or construction of a community
housing project shall conform to and be in full
accordance with all requirements of all building, fire
and housing codes, zoning provisions and other
applicable local, state or federal laws or ordinances
relating to protection of public health and safety, in
effect at the time of the filing of the tentative map.
Also, any violations of the latest adopted edition of
the Uniform Housing Code as prepazed by the Inter-
national Conference of Building Officials, or its
successor, relating specifically to provisions protect-
ing health and safety of residents, shall be corrected,
and any equipment or facilities which the Building
Official determines are deteriorated or hazazdous
shall be repaired or replaced. In particulaz, the de-
veloper shall repair or replace any damaged or
infested areas in need of repair or replacement as
shown in the structural pest report. The interpre-
tation of what constitutes a hazard to public health
and safety shall be made by the Director of Building
and Planning, or his/her designee.
5. Sepazate Metering. The consumption of gas
and electricity within each dwelling unit shall be
separately metered so that the unit owner can be
separately billed for each utility. The requirements
of this subsection maybe waived where the Director
of Community Development fords that such would
not be practical or reasonable. In all cases, a water
shutoff valve shall be provided for each unit.
6. Shock Mounting of Mechanical Equipment.
All permanent mechanical equipment, including
domestic appliances, which is determined by the
building official to be a source or a potential source
of vibration or noise, shall be shock-mounted, isolat-
ed fran the floor and ceiling, or otherwise installed
in a manner approved by the Building Official to
lessen the transmission of vibration and noise.
7. Sepazate Electrical Panel Boards. Each unit
shall have its own panel board of adequate capacity
to accommodate all electrical outlets which serve
that unit.
8. Impact Sound Insulation. The applicant/owner
shall demonstrate that wall and ceiling assemblies
conform to the sound insulation performance criteria
promulgated in Title 25, California Administrative
Code, Section 1092, or its successor, and that any
floor covering which is replaced similarly provides
the same or greater insulation qualities.
9. Storage Requirements. Private, enclosed,
weatherproofed and lockable outdoor storage space
shall be provided for each dwelling unit according
to the following schedule:
~~88-57 (Cupertino 8-98)
19.88.030
Number of Minimum Space Least
Bedrooms in Cubic Feet Dimension
Studio or 1 150 2 feet
2 200 - 2 feet
250 2 feet
4 300 2 feet
The above space shall be provided in the garage
or parking area or contiguous to each unit. This
requirement may be waived by the Director of Com-
munity Development if it is determined that suffi-
cientstorage space exists to reasonably fill this stan-
dard.
10. Private and Common Area Open Space. The
Planning Commission and City Council shall review
the adequacy of open space in terms of area and
privacy standards. Private outdoor space shall be
provided for each unit, where practical. The amount
of space shall be determined in each case by the
size of the unit and amount of common open space.
Adjoining units shall be redesigned or landscaped
in such a manner so as to preclude visual intrusion
into private outdoor yards or interior spaces, where
practical.
11. Noise Mitigation. Appropriate site design and
construction techniques shall be utilized to ensure
isolation from excessive noise sources outside of the
project boundary and to ensure acoustical privacy
between adjoining units. If the Director of Commu-
nity Development determines that an excessive
external noise source exists, the developer shall
retain an acoustical engineer to evaluate the noise
impact on the proposed residential development and
develop mitigation measures. The construction shall
comply with the applicable City ordinances and state
codes relating to sound transmission control to en-
sure acoustical privacy between adjoining dwelling
units.
12. Interim Maintenance Standards. The devel-
oper shall be responsible for improving and
maintaining the structures and landscaping in accor-
dance with the approved architectural and landscap-
ing plans and good maintenance practices prior to
fuming them over to the homeowners association.
A performance bond shall be collected to ensure
compliance with this requirement. (Ord. 1784 (part),
1998; Ord. 1601 Exh. A (part), 1992)
19.88.040 Parking.
A. Off-Street Parking. The project shall provide
parking consistent with the multifamily zone and the
owner shall demonstrate that additional spaces exist
to reasonably accommodate guest parking.
B. Applicability of City Ordinances Regulating
Parking of Trailers and Recreational Vehicles, Etc.
Chapter 19.100 regulating parking and trailers, re-
pairing vehicles, etc., shall apply to the private street
and to all parking along such street. The parking of
recreational vehicles such as boats, trailers, etc.,
shall be prohibited throughout the entire develop-
ment unless such parking is within an enclosed area.
Vehicular curb parking along the private street shall
be prohibited except in designated areas. Appropri-
ate "No Parking" signs shall be installed by the
applicant. (Ord. 1601 Exh. A (part), 1992)
19.88.050 Application requirements.
A. In addition to the requirements of Title 18 of
this code (subdivisions) and the Subdivision Map
Act, an application for the conversion of rental
housing into community housing shall require the
submittal of the following data, which data must be
submitted to the Director of Community Develop-
ment at the same time the tentative map is submit-
ted:
1. A complete legal description of the property;
2. Certification that all tenants in any buildings
or structure proposed to be converted have been
notified individually and in writing prior to the time
of filing an application hereunder,
3. A boundary map showing the existing topog-
raphy of the site and the location of all existing
easements, structures and other improvements, and
trees over four inches in diameter,
4. The proposed organizational documents. In
addition to such covenants, conditions and restric-
tions that may be required by the Department of
Real Estate of the State of California pursuant to
(Cupertino 8-98) 588-58
19.88.050
Title 6 (Condominiums) of the Civil Code or other
State laws or policies, the organization documents
shall provide for the following:
a. Conveyance of units,
b. Assignment of parlcing_ and management of
common areas within the project,
c. A proposed annual operating budget contain-
ing asinking fund to accumulate reserve funds to
pay for major anticipated maintenance, repair or
replacement expenses,
d. FHA regulatory agreement, if any,
e. The most recent balance sheet of the associa-
tion,
5. A provision that the annual assessments to
members of any association shall provide for penal-
ties for late payments and reasonable attorney's fees
and costs in the event of default of the members;
6. Allow the association to terminate the con-
tract of any person or organization engaged by the
developer to perform management or maintenance
538-58a (CupeRino 8-98)
19.92.060
A. Automobile repair shops, including paint and
body work;
B. Barbershops and beauty parlors;
C. Boarding and/or rooming homes for more
than two guests;
D. Clinics and hospitals, also veterinary (animal)
clinics and hospitals;
E. Kennels and other boarding for pets, in ex-
cess of the number of animals allowed in the base
zoning district where specified;
F. Medical offices for physicians, dentists, osteo-
paths, and other practitioners, but excluding recep-
tion and examination of patients;
G. Private schools with organized classes;
H. Upholstery, small engine repair, welding
shops;
I. Other uses which are found by the Communi-
ty Development Director to be of similaz intensity
and chazacteristics of use to those enumerated in this
section, and are thus inconsistent with the stated
purposes of this chapter. (Ord. 1601 Exh. A (part),
1992)
19.92.070 Nonconforming uses.
Notwithstanding the provisions of this chapter, all
home occupations which exist as nonconforming
uses in any residential zone or in other areas where
residential uses aze allowed, shall be allowed to
continue as legal, nonconforming uses subject to the
provisions of Chapter 19.100. (Ord. 1601 Exh. A
(part), 1992)
~ gg-65 (Cupertino 8-98)
19.100.010
Chapter 19.100
PARKING REGULATIONS
Sections:
19.100.010 Purpose.
19.100.020 Application of regulations.
19.100.030 Regulations for parking and
keeping vehicles in various
zones.
19.100.040 Regulations for off-street
parking.
19.100.050 Exceptions.
19.100.010 Purpose.
The purpose of this chapter is to regulate the
parking of vehicles which aze unsightly, oversized,
or which are detrimental to property values or the
peace and enjoyment of neighboring property own-
ers or residents and establish regulations pertaining
to the design and number of off-street parking spac-
es for land use activities located in various zoning
districts. (Ord. 1737 (part), 1996: Ord. 1601 Exh. A
(part), 1992)
19.100.020 Application of regulations.
A. No vehicle may be parked, stored or kept on
any parcel of land within the Ciry of Cupertino
otherwise than in conformance with the provisions
of this chapter.
B. Buildings, structures and land uses are re-
quired to provide off-street parking in conformance
with this chapter. The standazds and regulations
contained in this chapter regulate off-street parking
for conventional zoning districts and aze intended
also as guidelines for development projects located
in planned development (PD) zones and at congre-
gate residences and residential care facilities. (Ord.
1737 (part), 1996: Ord. 1688 3 (part), 1995; Ord.
1601 Exh. A (part), 1992)
19.100.030 Regulations for parking and
keeping vehicles in various zones.
A. Vehicles Permitted in Residential Zones.
1. Front or Street Side Setback Area. Vehicles
are permitted to be placed, kept or pazked in a front
or street side yard setback area (as defined in Chap-
ter 19.08.030 of this title) or within twelve feet of
a public right-of--way in a rear yard area in all resi-
dential zones subject to the following restrictions:
a. A maximum of four vehicles are permitted on
a lot in residential zone requiring a lot size of ten
thousand squaze feet or less, a maximum of six
vehicles are permitted in all other residential zones,
unless a greater number is approved by the City in
conjunction with a development plan. For purposes
of counting vehicles, a camper mounted on a pickup
truck is considered one vehicle and other similazly
vertically stacked components which belong together
shall be counted as a single vehicle. Horizontal
groupings shall be counted as two vehicles;
b. Any open vehicle containing trash or debris
is prohibited;
c. No portion of any vehicle may overhang any
public right-of--way;
d. All vehicles must be parked on an impervious
surface consisting of concrete, asphalt or other like
materials. Such impervious surface may not exceed
fifty percent of the front yard setback area, unless
a greater area is approved by the Ciry in conjunction
with a development plan. The impervious surface
must be contiguous and, at a minimum, encompass
the outline of the vehicle;
e. All vehicles must be currently registered,
where registration is required for legal operation and
in good operating condition;
f. Except on lots with circular driveways which
conform to the provisions of this code, all vehicles
parked in the front or street side yard setback azea
must be parked perpendicular to the street. On lots
with circulaz driveways which conform to the provi-
sions of this code, all vehicles parked in the front
or street side yard setback area aze limited to less
than twenty feet in length, unless parked perpendic-
ular to the street. Owners of vehicles made noncon-
forming by the adoption of this section shall comply
with this provision within two years of its enact-
ment.
cc~~~o s-9s> 588-66/68
19.104.010
Chapter 19.104
ADULT ORIENTED COMMERCIAL
ACTIVITIES
Sections:
19.104.010 Purpose.
19.104.020 Application of regulations.
19.104.030 Regulations related to the
concentration of adult-oriented
commercial activities.
19.104.040 Regulations related to the
proximity of adult-oriented
commercial activities to
residential, public or
quasi-public uses.
19.104.010 Purpose.
The purpose of this chapter is to establish appy-~
cation procedures and regulations concerning loca-~
tion of adult-related commercial activities, as de-~
fined herein. These regulations are intended to guide:
futureadult-related commercial activities and ensure:
a healthy, functional environment for existing and.
future residents within proposed developments and.
between adjoining parcels. This chapter is adopted.
based on the following findings:
A. The Council finds that certain uses of real.
property, specifically adult bookstores, adult motion.
picture theaters, adult cabarets, public dancehalls..
and massage pazlors, have serious objectionable:
characteristics, particulazly when several of such,
uses are located in close proximity to each other,
that such concentration tends to create a "skid row'"
atmosphere and has a detrimental effect upon the:
adjacent area; that regulation of the locations oi'
these uses is necessary to ensure that such adverse:
effects will not contribute to the blight or downgrad-
ing of neighborhoods or deter or interfere with the:
operation and development of hotels, motels, and.
lodginghouses, and other businesses which are need-
ed and desirable in the Ciry; and that the regulations
hereinafter set forth in this chapter are reasonably
necessary and will tend to prevent the clustering oi'
such establishments.
B. The Council further finds that, although the
control of the concentration or clustering of the
above uses in any one area will tend to prevent the
creation of "skid row" and be otherwise beneficial
to the people of the City, it will not prevent the
deleterious effect of blight and devaluation of both
business, residential, public and quasi-public proper-
ry resulting from the establishment of any of the
above-specified uses in a district which is in close
proximity to and which serves residentially zoned,
general planned or used property, or property which
is zoned, general planned or used for public or
quasi-public uses (i.e., churches, schools, civic
buildings, public or private pazks and recreational
facilities, etc.); that concern for the orderly planning
and development of a neighborhood should be en-
couraged and fostered in those persons who
comprise the business, residential, public and quasi-
public segments of that neighborhood, and that the
regulations hereinafter set forth in this chapter
restricting the location of such uses with reference
to public, quasi-public or residentially zoned, gener-
alplanned or used property aze reasonably necessary
and will tend to prevent said deleterious effects.
(Ord. 1601 Exh. A (part), 1992)
19.104.020 Application of regulations.
The provisions of this chapter shall apply to all
uses defined in Section 19.104.030 below or other
uses which in the opinion of the City Council are of
the same general character as the uses listed in that
section. No building or structure shall be hereafter
erected, structurally altered or enlarged within a
zoning district in the City of Cupertino, otherwise
than in conformance with the provisions of this
chapter. The regulations set forth in this chapter are
intended to be in addition to any of the above-speci-
fieduses, and, unless otherwise specifically provid-
ed, shall not be deemed to repeal or amend any
other provision or provisions of the Cupertino Mu-
nicipal Code or Zoning Ordinance which aze appli-
cable to the above-mentioned uses or activities, nor
be deemed to excuse noncompliance with any such
other provisions. (Ord. 1601 Exh. A (part), 1992)
:i88-73 (CupetAUO 8-98)
19.104.030
19.104.030 Regulations related to the
concentration of adult-oriented
commercial activities.
A. Notwithstanding anything elsewhere in this
code to the contrary, no lot or parcel of any proper-
ty in any zoning district or any building or structure
thereon or any portion thereof, shall be used for an
adult bookstore, adult motion picture theater, adult
cabaret, public dancehall or massage pazlor at a
location closer than one thousand feet to any other
such use situated within or outside the City or closer
than one thousand feet to any hotel, motel or
lodginghouse situated within or outside the City,
unless a conditional use permit shall have been
applied for and issued for such use at such location,
pursuant to and in accordance with the provisions
of Chapter 19.124.
B. In addition to the findings required to be
made by the City Council in issuing a conditional
use permit pursuant to the provisions of Chapter
19.124, the City Council may issue a conditional
use permit required by the provisions of this section
subject to such conditions as it may impose only if
it shall make the following findings. That the
proposed use:
1. Will not be contrary to the public interest or
unreasonably injurious to the use of nearby proper-
ties;
2. Will conform to the spirit and intent of this
chapter;
3. Will not enlazge or encourage the develop-
ment of a "skid row" azea;
4. Will not be contrary to any program of neigh-
borhood conservation;
5. Will not interfere with any program of urban
renewal or redevelopment; and
6. Will be in compliance with all applicable
regulations. (Ord. 1784 (part), 1998; Ord. 1637
(part), 1993; Ord. 1601 Exh. A (part), 1992)
19.104.040 Regulations related to the
proadmity of adult-oriented
commercial activities to
residential, public or quasi-public
uses.
A. Notwithstanding anything elsewhere in this
code to the contrary, no lot or parcel of any proper-
ty in any property in any zoning district or any
building or structure thereon or any portion thereof,
shall be used for an adult bookstore, adult motion
picture theater, adult cabaret, public dancehall, or
massage pazlor at a location closer than one thou-
sand feet to any real property zoned, general
planned or used for public, quasi-public or residen-
tial purposes, whether the parcel of property is
situated within or outside the City, unless a condi-
tional use permit shall have been applied for and
issued for such use at such location, pursuant to and
in accordance with the provisions of Chapter
19.124.
B. In addition to the findings required to be
made by the City Council in issuing a conditional
use permit pursuant to the provisions of Chapter
19.124, the City Council may issue a conditional
use permit required by the provisions of this section
subject to such conditions as it may impose, only if
it shall make the following findings. That the pro-
posed use:
1. Will not be contrary to the public interest or
unreasonably injurious to the use of public, quasi-
public orresidentially zoned property situated within
one thousand feet of such proposed use;
2. Will conform to the spirit and intent of this
chapter,
3. Will not be contrary to any program of
neighborhood conservation;
4. Will not interfere with any program of urban
renewal or redevelopment; and
5. Will be in compliance with all applicable
regulations. (Ord. 1637 (part), 1993; Ord. 1601 Exh.
A (part), 1992)
(Cupertino 8-98) 588-74
19.128.010
Sections:
19.128.010
19.128.020
19.128.030
19.128.040
Chapter 19.128
TEMPORARY USES
Conditional use permit for
temporary uses.
Conditions to issuance.
Required findings.
Review of the Director's action.
in the general vicinity. (Ord. 1601 Exh. A (part),
1992)
19.128.030 Required findings.
A conditional use permit for a temporary use may
be granted by the Director, if, from the application
or the facts presented to him, he makes the follow-
ing written findings:
A. The granting of the application will not be
detrimental or injurious to property or improvements
in the vicinity, and will not be detrimental to the
public, health, safety, general welfare, or conve-
nience; and
B. The proposed use will be located and con-
ducted in a manner in accord with the Cupertino
General Plan and the purposes of this title. Upon
issuance of a conditional use permit under the provi-
sions of this chapter, the Director shall provide his
written findings to the applicant, and any other
person requesting a copy. The Director shall also
immediately forward his written findings to the
Planning Commission and City Council as an infor-
mational item. (Ord. 1601 Exh. A (part), 1992)
19.128.040 Review of the Director's action.
Any person may appeal to the Planning Commis-
sion any decision of the Director to grant or deny
a conditional use permit under this chapter by filing
a written notice of appeal with the City Clerk within
the time limits prescribed in Section 19.136 of this
title. (Ord. 1601 Exh. A (part), 1992)
19.128.010 Conditional use permit for
temporary uses.
The Director of Community Development may
grant a conditional use permit authorizing the use oi'
a site in any zoning district for a temporary use as~
provided in this chapter. (Ord. 1601 Exh. A (part),.
1992)
19.128.020 Conditions to issuance.
A conditional use permit under the provision oi'
this chapter is subject to the following conditions
and provisions:
A. Application for a conditional use permit shall
be made to the Director of Community Develop-
ment and shall be subject to the fee prescribed by
City Council resolution;
B. The permit may be granted by the Director
without a requirement for a public hearing and
notice as otherwise required by Chapter 19.124 oi•
this title;
C. The permit may include authorization to vary
from the specific requirements and regulations of the
title as may be solely related to the requested tem-
porary use;
D. A conditional use permit for a temporary use,
if granted by the Director, shall be valid fora spe-
cifically stated time period not to exceed six
months;
E. The Director may impose such reasonable
conditions or restrictions as he deems necessary to
secure the purposes of this title and to assure oper-
ation of the use in a manner compatible with exist-
ing and potential uses on adjoining properties and
_`~88-95 (Cupertino 8-98)
19.132.010
Chapter 19.132
ADMINISTRATIVE APPROVAL OF MINOR
CHANGES IN PROJECTS'
Sections:
19.132.010 Purpose.
19.132.020 Definition of minor change.
19.132.030 Applicability of chapter.
19.132.040 Diversion of application for
administrative approval.
19.132.050 Suspension of time periods.
19.132.060 Noticing, review and approval
process.
19.132.070 Reports.
'~ Prior ordinance history: Ords. 1601 and 1630.
19.132.010 Purpose.
The purpose of this chapter is to provide a uni-
form and orderly procedure for expeditious adminis-
trative approval of minor changes to existing pro-
jects and plans. (Ord. 1790 § 1 (part), 1998)
19.132.020 Definition of minor change.
"Minor change" means an alteration or modifica-
tion 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 project with no change
proposed for the use of the land in question, no
change proposed in the chazacter of the structure or
structures involved, and no variance required. (Ord.
1790 § 1 (part), 1998)
19.132.030 Applicability of chapter.
A. Type of Applications. This chapter shall
apply to a minor change to the following:
1. An approved development plan in a planned
development zoning district or RIC district;
2. An existing building or structure requiring
site and designs approval;
3. A plan which has received site and design
approval;
4. An existing building, structure or plan requir-
ing City Council approval pursuant to a contractual
agreement, resolution, motion, action, or uncodified
ordinance.
B. Conditions. No application shall be diverted
for administrative approval under this chapter if any
of the following conditions exist:
1. The proposed change is not minor when
considered in conjunction with other minor changes
to the same project approved under this chapter or
under considerations, even though such changes
relate to different plans, buildings or structures;
2. In the opinion of the Director of Community
Development, the proposed change will be contro-
versial;
3. )n the opinion of the Director of Community
Development, the proposed change will probably be
denied by him;
4. In the opinion of the Director of Community
Development, the proposed change will probably be
denied by the City Council. (Ord. 1790 § 1 (part),
1998)
19.132.040 Diversion of application for
administrative approval.
The Director of Community Development, in his
discretion, may divert a qualified application of a
minor change to the administrative approval process
provided in this chapter, and the applicant shall then
pay the fee prescribed by the City Council resolu-
tion. (Ord. 1790 § 1 (part), 1998)
19.132.050 Suspension of time periods.
The diversion of an application shall suspend any
time periods for action by the City Council or Plan-
ning Commission for a period of ninety days or
until the application is returned to its normal review
process, whichever is less. (Ord. 1790 § 1 (part),
1998)
(Cupertino 8-98) 588-96
19.132.060
19.132.060 Noticing, review and approval
process.
A. Design Review Referral. The Director, in his
discretion, may refer a diverted application directt~i
to the Planning Commission for review and recom-
mendation.
B. Mailed written notice of the Commission
hearing on the application shall be given by thE:
Director to all owners of record of real property (a~
shown in the last assessment roll) which abut thf;
subject property, as well as property and its abutting;
properties to the left and right, directly opposite the:
subject property and located across a street, way,
highway or alley. Mailed notice shall include own-
ers of property whose only contiguity to the subject
site is a single point. Said notice shall be mailed by
first class mail at least ten days prior to the Planning;
Commission meeting in which the application will
be considered. The notice shall state the date, time
and place of the hearing. A description of the appli-
cation shall be included in the notice. if the Director
of Community Development believes the project
may have negative effects beyond the range of thy:
mailed notice, particularly negative effects on near-
by residential areas, the Director, in his discretion,
may expand noticing beyond the stated require-
ments.
Compliance with the notice provisions set forth
in this section shall constitute agood-faith effort U~
provide notice, and failure to provide notice, and thy:
failure of any person to receive notice, shall not
prevent the Ciry from proceeding to consider or t~)
take action with respect to an application under this
chapter.
B. Director of Community Development. Upon
diversion, or upon receipt of the Planning Commis-
sionrecommendation, the Director shall expeditious-
ly approve or disapprove the application in actor--
dance with the same standards and with the same
power to impose conditions as would have applied
to the Planning Commission or City Council.
C. Decision. The Director shall render his deci-
sion in writing, stating reasons therefor, and mail
thereof to the applicant. Any aggrieved or affected
person may appeal such decision in accord with th~
provisions of Chapter 19.136. Unless an appeal of
such a decision is filed within fourteen working
days following the mailing of the notice of decision,
it shall become final upon the expiration of said
time period. (Ord. 1790 § 1 (part), 1998)
19.132.070 Reports.
The Director of Community Development shall
make written reports to the Ciry Council and Plan-
ning Commission on all diverted applications under
this chapter. The reports shall be delivered to the
City Council and Planning Commission within five
calendar days from the date of the decision. (Ord.
1790 § 1 (part), 1998)
588-97 (Cupertino 8-98)
19.134.010
Chapter 19.134
ARCHITECTURAL AND SITE REVIEW'
Sections:
19.134.010 Purposes.
19.134.020 Authority of the Planning
Commission.
19.134.030 Application for architectural
and site approval.
19.134.040 Action by the Director.
19.134.050 Notice of consideration.
19.134.060 Action by the Planning
Commission-Appeals.
19.134.070 Limitations regarding Planning
Commission decisions.
19.134.080 Findings and conditions.
19.134.090 Revocation, extensions, and
duration.
19.134.100 Reports.
* Prior ordinance history: Ord. 1778.
19.134.010 Purposes.
This chapter is hereby enacted to provide for an
orderly process to review the architectural and site
designs of buildings, structures, signs, lighting, and
landscaping for prescribed types of land develop-
ment within the City in order to promote the goals
and objectives contained in the General Plan, to
protect and stabilize property values for the general
welfare of the City, to maintain the character and
integrity of neighborhoods by promoting high stan-
dards for development in harmony therewith, and by
preventing the adverse effects associated with new
construction by giving proper attention to the de-
sign, shape, color, materials, landscaping and other
qualitative elements related to the design of develop-
ments and thereby creating a positive and memora-
ble image of Cupertino. (Ord. 1791 § 1 (part), 1998)
19.134.020 Authority of the Planning
Commission.
Subject to the provisions of this chapter and to
the general purpose and intent of this title, the Plan-
ning Commission shall review the architectural and
site design, landscaping, signs, and lighting for new
development, redevelopment, or modification in
such zones where such review is required or when
required by a condition to a use permit, variance, or
any other entitlement of use. (Ord. 1791 § 1 (part),
1998) -
19.134.030 Application for architectural and
site approval.
A. When azchitectural and site review is not part
of another application for development, a separate
application for such review shall be made by the
owner of record of property for which the approval
is sought.
B. The application shall be made to the Director,
on a form provided by the City, and shall contain
the following:
1. A description and map showing the location
of the property for which the review is sought;
2. Detailed plans as required by the Director
showing the proposed development or changes to
occur on the property;
3. Such additional information as the Director
may deem pertinent and essential to the application.
C. Any such application for review shall be
accompanied by the fee prescribed by City Council
resolution, no part of which shall be refunded. (Ord.
1791 § 1 (part), 1998)
19.134.040 Action by the Director.
Unless otherwise provided by Section 19.04.090
regarding combined applications, the following
actions shall be taken by the Director to process an
application under this chapter.
A. Upon receipt of a complete application, the
Director shall, within thirty days from the date the
application is deemed complete, cause the applica-
tion to be agendized for consideration before the
Planning Commission at a regulaz or special meet-
(Cupertino 8-98) 588_(8
19.134.040
ing, unless the application is diverted for administra-
tive approval, pursuant to Section 19.132.030. Con-
sideration of the application by the Planning Com-
mission shall commence forty-five days of the date
it is set. (Ord. 1791 § 1 (part), 1998)
19.134.050 Notice of consideration.
Mailed written notice of consideration of any
application under this chapter by the Planning Com-
mission shall be given by the Director to all owner`.
of record of real property (as shown in the last
assessment roll) which abut the subject property, as.
well as property, and its abutting properties to the:
left and right, directly opposite the subject property
and located across a street, way, highway or alley,.
Mailed notice shall include owners of property
whose only contiguity to the subject site is a single:
point. Said notice shall be mailed by fast class mail.
at least ten days prior to the Planning Commission.
meeting in which the application will be considered..
If the Director of Community Development believe;
the project may have negative effects beyond the:
range of the mailed notice, particularly negative:
effects on nearby residential areas, the Director, in
his discretion, may expand noticing beyond the:
stated requirements.
Compliance with the notice provisions set fortl~~
in this section shall constitute agood-faith effort tc~
provide notice, and the failure to provide notice, and.
the failure of any person to receive notice, shall not
prevent the City from proceeding to consider or tr~
take action with respect to an application under this
chapter.
B. The notice of consideration shall contain the:
following:
1. The exact address of the property, if known.,
or the location of the property, if the address is nog:
known, and the existing zoning district or district`,
applicable;
2. The time, date, place, and purpose of the:
consideration;
3. A brief description, the content of which shall.
be in the sole discretion of the City, of the proposed.
project;
4. Reference to the application on file for partic-
ulars;
5. A statement that any interested person, or
agent thereof may appear and be heard.
Typographical errors in the notice shall not inval-
idate the notice nor any City action related thereto.
(Ord. 1791 § 1 (part), 1998)
19.134.060 Action by the Planning
Commission-Appeals.
A. At the time and place set for consideration of
the application, the Planning Commission shall
consider evidence for or against the application.
Within a reasonable time after conclusion of its
consideration, the Commission shall make findings
and shall render a decision regarding the application
which is supported by the evidence contained in the
application or presented at the meeting. The decision
of the Planning Commission is subject to appeal as
provided in Chapter 19.136. (Ord. 1791 § 1 (part),
1998)
19.134.070 Limitations regarding Planning
Commission decisions.
In its considerafion of architectural and site appli-
cations, the Planning Commission is limited to
considering and rendering decisions solely upon the
issues described in Section 19.134.020 and is pre-
cluded from considering or rendering decisions
regarding other planning, zoning, or subdivision
issues with respect to the subject property unless
said application is combined with the appropriate
application or applications which address those
additional issues. (Ord. 1791 § 1 (part), 1998)
19.134.080 Findings and conditions.
A. The Planning Commission may approve an
application only if all of the following findings are
made:
1. The proposal, at the proposed location, will
not be detrimental or injurious to property or im-
provements in the vicinity, and will not be detrimen-
tal to the public health, safety, general welfare, or
convenience;
:i88-99 (Cupertino 8-98)
19.134.080
2. The proposal is consistent with the purposes
of this chapter, the General Plan, any specific plan,
zoning ordinances, applicable conditional use per-
mits, variances, subdivision maps or other entitle-
ments to use which regulate.-.the subject property
including, but not limited to, adherence to the fol-
lowing specific criteria:
a. Abrupt changes in building scale should be
avoided. A gradual transition related to height and
bulk should be achieved between new and existing
buildings.
b. In order to preserve design harmony between
new and existing buildings and in order to preserve
and enhance property values, the materials, textures
and colors of new buildings should harmonize with
adjacent development by being consistent or com-
patible with design and color schemes, and with the
future chazacter of the neighborhood and purposes
of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and
screen planting should harmonize with adjacent
development. Unsightly storage azeas, utility instal-
lations and unsightly elements of parking lots should
be concealed. The planting of ground cover or vari-
ous types of pavements should be used to prevent
dust and erosion, and the unnecessary destruction of
existing health trees should be avoided. Lighting for
development should be adequate to meet safety
requirements as specified by the engineering and
building departments, and provide shielding to pre-
vent spill-over light to adjoining property owners.
c. The number, location, color, size, height,
lighting and landscaping of outdoor advertising
signs and structures shall minimize traffic hazazds
and shall positively affect the general appearance of
the neighborhood and harmonize with adjacent
development.
d. With respect to new projects within existing
residential neighborhoods, new development should
be designed to protect residents from noise, traffic,
light and visually intrusive effects by use of buffer-
ing, setbacks, landscaping, walls and other appropri-
ate design measures.
B. The Commission may impose reasonable
conditions or restrictions which it deems necessary
to secure the purposes of the General Plan, and this
title and to assure that the proposal is compatible
with existing and potential uses on adjoining proper-
ties. (Ord. 1791 § 1 (part), 1998)
19.134.090 Revocation, extensions, and
duration.
A. The revocation of any approval under this
chapter is governed under the same procedures as
described in Section 19.124.100 regarding revoca-
tion, extensions and duration.
B. An architectural and site approval application
granted under this chapter which has not been used
within two years following its approval, shall be-
come null and void and of no effect unless a shorter
time period is specifically prescribed by the condi-
tions of the approval. Such approval shall be
deemed to have been "used" when actual substantial
and continuous construction activity has taken place
upon the land pursuant to the approval.
C. The Planning Commission may extend such
time for a maximum of one additional yeaz only
upon application filed with the Director before the
expiration of the two-year limit, or the expiration of
such limit as may be specified by the conditions of
approval.
D. All decisions related to revocation and exten-
sions of approvals contained in this section are
subject to the appeals procedure contained in Chap-
ter 19.136. (Ord. 1791 § 1 (part), 1998)
19.134.100 Reports.
The Director shall make written reports to the
City Council describing Planning Commission deci-
sions under this chapter to be forwarded to the City
Council within five calendar days from the date of
such decisions. (Ord. 1791 § 1 (part), 1998)
(Cupertino 8-98) 588-100
ORDINANCE LIST
1570 Amends § 2.84.010, Environmental Re-
view Committee (2.84)
1571 Adds Ch. 9.18, nonpoint source pollu-
tion (9.18)
1572 Repeals and replaces Ch 6.24, garbage
collection (6.24)
1573 Amends Ord. 1543, heritage and speci-
men trees (14.18)
1574 Rezone (Special)
1575 Adds Art. 13 to Title 18, hillside subdi-
vision requirements (18.52)
1576 Adds Ch. 2.86, Affordable Housing
Committee (2.86)
1577 Amends Ch. 11.24 [§ 11.24.150], park-
ing prohibition along certain streets
(11.24)
1578 Amends § 11.24.150, parking prohibi-
tions on Stevens Creek Boulevard
(11.24)
1579 Amends § 11.12.030, speed limit on
Bandley Drive (11.12)
1580 Amends Ch. 15.32, water conservation
(15.32)
1581 Repeals Ch. 2.38 (Repealer)
1582 Adds Ch 3.22, purchase of supplies
and equipment; repeals Ch. 3.24 (3.22)
1583 Adds Ch. 3.23, public works contract.
and bidding procedures (3.23)
1584 Amends § 11.12.030, speed limit on
Miller Avenue (11.12)
1585 Amends §§ 11.29.030-11.29.060, on-
site parking (11.29)
1586 Adds Ch. 11.38, transportation demand
management RRepealed by 1731)
1587 Amends §§ 15.32.010, 15.32.020,
15.32.030, 15.32.050, and 15.32.060,
water conservation (15.32)
1588 Adds Ch. 10.27, cigarette and/or to-
bacco vending machines (10.27)
1589 Amends § 11.24.150, parking prohibi-
tions on Finch Avenue (11.24)
1590 Amends §§ 16.04.010 and 16.04.065,
repeals §§ 16.04.040, 16.04.045 and
16.04.047, building code (Repealed by
1706)
1591 Amends §§ 16.20.010, 16.20.020,
16.20.030 and 16.20.050, plumbing
code (Repealed by 1708)
1592 Amends §§ 16.24.010, 16.24.030 and
16.24.070, mechanical code (Repealed
by 1709)
1593 Amends § 16.56.010, housing code
(Repealed by 1710)
1594 Amends Ch. 16.40, fire code (Repealed
by 1711)
1595 Amends §§ 16.32.020, 16.32.030,
16.32.040, 16.32.050, swimming pools
(16.32)
1596 Amends § 2.44.120, architectural and
site approval committee (Repealed by
1630)
1597 (Number not used)
1598 Amends entirety of Ch 9.18, repeals
former sections 9.18.150-9.18.180,
nonpoint source pollution (9.18)
1599 Adds Ch 3.36, storm drainage service
charge (3.36)
1600 Amends § 3.34.030(A), telephone use
tax (3.34)
1601 Adds Title 19 and repeals Ords. 002(b-
1), (k), (x), (y), NS-1200 § § 29 and 30,
220(8) and (1), 575, 618, 652, 664, 668,
779, 802, 906, 1277, 1344, 1449, 1450,
1451, 1452, 1484 and 1495, zoning
(19.02, 19.04, 19.08, 19.12, 19.16,
19.20, 19.24, 19.28, 19.32, 19.36,
19.40, 19.44, 19.48, 19.52, 19.56,
19.60, 19.64, 19.68, 19.72, 19.76,
19.80, 19.84, 19.88, 19.92, 19.100,
19.104, 19.108, 19.112, 19.116, 19.120,
19.124, 19.128, 19.132, 19.136)
1602 Rezone (Special)
1603 (Number not used)
1604 Amends Ch. 15.12, waterworks system
(Repealed by 1776)
1605 Amends § 11.24.150, parking prohibi-
tions (11.24)
1606 Adds Ch. 9.06, massage establishments
(9.06)
614-5 (Cupcdino 8-98)
TABLES
1607 Amends (75) and (76) of § 19.02.030, 1626 Amends §§ 6.24.070 and 6.24.080, gar-
zoning (19.02) bage containers (6.24)
1608 Adds Ch. 19.OSA (OS open-space 1627 Amends § 18-1.201.(H), definition of
zones), zoning (19.24) lot line adjustment (18-1.201.)
1609 Amends § 18-1.803.2, 18-1.402.4(4), 1628 Repeals and replaces Ch. 10.44, parades
18-1.402.5.1(B), 18-1.602.5(A) and 18- and athletic events (10.44)
1.602.7, subdivisions (18.16, 18.24, 1629 Amends § 11.37.040, fee for processing
18.32) overweight vehicle permit (11.37)
1610 Adds subsection (F~ to § 16.12.030, soil 1630 Amends §§ 14.15.040(E), 14.15.050(A),
report (16.12) 14.18.040, 14.18.060(A), 14.18.090,
1611 Adds § 14.04.125, traffic diverters 14.18.100, 14.18.110, 14.18.150(B),
(14.04) 14.18.170, 16.28.030, 19.16.060(E)(3),
1612 Amends Ch. 5.04, business license 19.20.060(E)(4), 19.28.060(E)(4),
taxes (5.04) 19.44.070(E)(4), 19.56.070,
1613 Amends contract with Board of Admin- 19.76.050(E), 19.88.060(7)(1) and (2),
istration of California Public Employees 19.132.060 and 19.136.060; repeals Ch.
Retirement System (Not codified) 2.4.4 and §§ 19.44.090, 19.48.100 and
1614 Moratorium on certain subdivision, 19.68.080, review authority (14.15,
building and grading uses in Inspiration 14.18, 16.28, 19.16, 19.20, 19.28,
Heights area (Not codified) 19.44, 19.56, 19.76, 19.88, 19.132 and
1615 Adds Ch. 14.15, xeriscape landscaping; 19.136)
amends title of Title 14 to be Streets, 1631 Repeals and replaces Title 8, animals
Sidewalks and Landscaping (14.15) (Repealed by 1644)
1616 Amends § 2.7.3 of Ord. 1606, massage 1632 Amends § 3.23.120(B); repeals §
establishments and services (9.06) 3.23.120(C), public works contract and
1617 Amends § 2.04.040, vacancy on City bidding procedures (3.23)
Council (2.04) 1633 Amends § 11.24.160, stopping, standing
1618 Amends §§ 19.08.030, 19.28.040, and parking (11.24)
19.28.070, 19.56.040 and 19.124.100, 1634 Amends Ch. 19.40, zoning (19.40)
zoning (19.08, 19.28, 19.56, 19.124) 1635 Adds §§ 18-1.1303(G) and (H) and
1619 Extends moratorium contained in Ord. 19.28.050(C); amends §§ 18-1.1303(B),
1614 (Not codified) (C) and (D), 19.08.030 and
1620 Amends Ch 16.32, swimming pools 19.28.060(E)(4), subdivisions and zon-
(16.32) ing (18.52, 19.08, 19.28)
1621 Rezone (Special) 1636 (Number not used)
1622 Amends Ch. 15.32, waxer conservation 1637 Adds subsection (F) to § 14.15.050 and
(15.32) Appendix A to Ch. 14.15; amends §
1623 Amends § 2.48.020(A); repeals §§ 14.15.040, xeriscape landscaping; adds
2.48.020(F) and 2.48.020(G), depart- subsection (D) to § 16.28.040, fences;
went organization (2.48) adds § 19.76.070, and subsections
1624 Amends Title 17, signs (17.04, 17.08, (D)(4) to § 19.28.060 and (C) to §
17.12, 17.16, 17.20, 17.24, 17.32, 19.124.070; amends §§ 19.08.030,
17.44, 17.52) 19.24.030(D), 19.28.060(C)(2),
1625 Amends § 5.16.040, garage and patio 19.28.070(A), [ 19.48.030B, C and D],
sales (5.16) 19.48.050(A) and (B), 19.48.070(A),
(Cupcnino 8-98) 614-6
ORDINANCE LIST
19.48.080, 19.48.090(A), 19.56.040,
19.56.070, 19.64.040(A),
19.80.030(B)(2),19.92.040, 19.100.030,
19.104.030(A), 19.104.040(A),
19.124.030,19.124.040, 19.124.050(A),
19.124.100A[B], zoning (14.15, 16.28,
19.08, 19.24, 19.28, 19.48, 19.56,
19.64, 19.76, 19.80, 19.92, 19.100,
19.104, 19.124)
1638 Rezone (Special)
1639 Amends §§ 2.36.010, 2.36.020(B) and
2.36.050, park and recreation commis-
sion (2.36)
1640 Amends subsections (B) and (I~ of §
10.44.020, parades and athletic events
(10.44)
1641 Amends Ch. 2.86, affordable housing
committee (2.86)
1642 Amends § 2.20.010, city clerk (2.20)
1643 Amends Ch. 9.06, massage establish-
ments (9.06)
1644 Repeals and replaces Title 8, animals
(Title 8)
1645 Amends § 11.24.160, parking prohibi-
tion (11.24)
1646 Rezone (Special)
1647 Amends Ch. 10.25, regulation of smok-
ing in certain public places (10.25)
1648 Amends § 11.38.040, transportation
demand management (Repealed by
1731)
1649 Amends § 11.08.160, bicycles (11.08)
1650 Amends § 11.29.040(A)(1), on-site
parking; amends § 19.96.030(A)(1),
parking and keeping vehicles in various
zones (11.29)
1651 Adds subsection C to § 14.24.040; re-
peals subsection D of § 14.24.080, un-
derground utilities-new developments
(14.24)
1652 Adds §§ 14.04.175 and 14.04.176;
amends §§ 14.04.010(II) and (I),
14.04.110 and 14.04.160(B), street im-
provements (14.04)
1653 Adds Art. 14 to Title 18, street facility
reimbursement charges (18.56)
1654 Amends § 19.08.030, zoning (19.08)
1655 Amends §§ 17.24.130, 17.32.040,
17.44.030 and 17.44.080, signs (17.24,
17.32, 17.44)
1656 Amends §§ 19.04.090, 19.48.090
[ 19.48.070] and 19.124.030, zoning
(19.04, 19.48, 19.124)
1657 Amends §§ 19.08.030, 19.20.030,
19.20.040, 19.28.030, 19.28.040,
19.32.030, 19.32.040, 19.36.030,
19.36.040, 19.40.030, 19.40.040,
19.44.040, 19.44.050 and 19.100, zon-
ing (19.08, 19.20, 19.28, 19.32, 19.36,
19.40, 19.44, 19.100)
1658 Amends §§ 19.40.030(G), 19.40.050
and 19.40.060, zoning; repeals §
19.40.040(A)(8) (19.40)
1659 Rezone (Special)
1660 Amends Ch. 2.16, city council - sala-
ries (2.16)
1661 Adds § 10.25.110, regulation of smok-
ing in certain public places (10.25)
1662 Rezone (Special)
1663 (Number not used)
1664 Adds Title 20, general and specific
plans (20.02, 20.04)
1665 Repeals and replaces Ch. 10.68, juve-
nile curfew regulations (10.68)
1666 Adds new § 10.56.040; amends §§
10.56.020 and 10.56.030; amends and
renumbers § 10.56.040 to be 10.56.050;
renumbers §§ 10.56.050 to be
10.56.060 and 10.56.060 to ~ be
10.56.070, trespassing upon parking
lots, shopping center property and other
property open to the public (10.56)
1667 (Not passed)
1668 Amends §§ 10.21.010, 10.21.020,
10.21.040, 10.21.070 and 10.21.080,
news racks; repeals §§ 10.21.050,
10.21.080, 10.21.090 and 10.21.110
(10.21)
614-7 (Cupertino 8-98)
TABLES
1669 Adds Ch. 10.60, regulation of graffiti
(10.60)
1670 Rezone (Special)
1671 Adds Ch. 19.81, recycling areas (19.81)
1672 Adds Ch. 1.16, appeals of administra-
tive decisions (1.16)
1673 Adds Ch. 2.18, city attorney (2.18)
1674 Amends § 18-1.602.10, credit for pri-
vate recreation or open space (18.24)
1675 Repeals and replaces Ch. 1.08, right of
entry for inspection (1.08)
1676 Adds §§ 11.04.011, 11.04.019,
11.04.031, 11.04.091 and 11.04.092;
amends § § 11.04.010, 11.04.020,
11.04.030, 11.04.040, 11.04.050,
11.04.062, 11.04.070, 11.04.090,
11.04.100, 11.04.110, 11.04.120,
11.04.130, 11.04.140 and 11.04.150;
repeals §§ 11.04.061, 11.04.080 and
11.04.160, abatement of abandoned
vehicles (11.04)
1677 Amends § § 1.09.030, 1.09.040,
1.09.050, 1.09.060, 1.09.080, 1.09.100,
1.09.110 and 1.09.150; repeals §§
1.09.070, 1.09.090, 1.09.120, 1.09.130
and 1.09.140, nuisance abatement (1.09)
1678 Amends § 2.48.020, departmental orga-
nization (2.48)
1679 Adds Ch. 2.88, audit committee (2.88)
1680 Rezone (Special)
1681 Amends Ord. 1223, rezone (Special)
1682 Adds Ch. 19.82, beverage container
redemption and recycling centers
(19.82)
1683 Amends §§ 11.24.150 and 11.24.160,
establishment of certain parking prohi-
bition (11.24)
1684 Rezone (Special)
1685 Rezone (Special)
1686 (Not passed)
1687 Amends Ch. 19.56, zoning (19.56)
1688 Adds definitions to § 19.08.030 and §§
19.16.030(1), 19.16.040(B)(3~(6),
19.20.030(1) and (K), 19.20.040(B)
(10)-{ 13), 19.28.030(K), 19.28.040
(B)(3)--(6), 19.32.030(H) and (n,
19.32.040(B)(2}-{5), 19.36.030(G) and
(H), 19.36.040(B)(3)--(5), 19.40.030
(H)[I), 19.40.040(B)(3)-(5) and
19.44.040(F) and (I~ [E and F];
amends §§ 19.16.030(I), 19.28.030(F),
19.36.040(B)(2), 19.40.030(F),
19.40.040(B)(2), 19.44.050, 19.64.050
(C) and 19.100.020, zoning (19.08,
19.16, 19.20, 19.28, 19.32, 19.36,
19.40, 19.44, 19.64, 19.100)
1689 Rezone (Special)
1690 Rezone (Special)
1691 Rezone (Special)
1692 Amends § 11.12.030, speed limits
(11.12)
1693 Amends § 16.40.250, fire code (Re-
pealed by 1711)
1694 Rezone (Special)
1695 Amends Condition 4 of Application 2-
2-94 relating to tree protection (Not
codified)
1696 (Number not used)
1697 Adds §§ 2.04.005, 2.04.025, city coun-
cil-election and meetings (time and
place), and 2.08.105, city council-rules
and conduct of meetings; amends Ch.
1.01 footnote and §§ 1.01.010,
1.01.030, code adopted, 1.04.010(3),
general provisions, 1.09.030(B),
1.09.090, 1.09.180, title of App. A to
Ch. 1.09, nuisance abatement, Ch. 1.12
footnote,1.12.010(B) and (C),1.12.020,
general penalty, 1.16.020(D), appeal of
administrative decisions, title of Ch.
2.04, 2.04.020, 2.04.040(A) and (C)(1),
2.08.080(B), 2.08.090(A),
2.08.095(B)(1) and (C), 2.08.100,
2.12.010, 2.12.020, introduction and
passage of ordinances, 2.20.010,
2.20.020, 2.20.110, city clerk, 2.24.010,
2.24.020, 2.24.030, 2.24.040, city trea-
surer, 2.28.010, 2.28.030(B), 2.28.040,
2.28.050, 2.28.060, 2.28.070, 2.28.090,
city manager, 2.30.010, 2.30.020, code
(Cupcfit,o 8-98) 614-8
ORDINANCE LIST
1733 Mobile vendor permits (5.48) 1764 Amends Ord. 1750, rezone (Not codi-
1734 Rezone (Special) fled)
1735 Rezone (Special) 1765 Amends § 11.20.020, stop signs (11.20)
1736 Amends Ch. 19.108 entirely, wireless 1766 Amends § 11.08.250, bicycle lanes
communications facilities (19.108) (11.08)
1737 Amends Ch. 19.100 entirely, parking 1767 Adds §§ 11.08.014, 11.08.015 and
regulations (19.100) 11.08.270; renumbers § 11.08.270 to be
1738 Rezone (Special) 11.08.280, roller skates and skateboards
1739 Amends § 11.08.260, bicycles (11.08) (11.08)
1740 Amends § 11.08.250, bicycles (11.08) 1768 Rezone (Special)
1741 Amends § 11.24.150, parking (11.24) 1769 Amends Stevens Creek Boulevard spe-
1742 Adds new § 16.04.080, residential roof- cific plan (Special)
ing and renumbers §§ 16.04.080- 1770 Prezone (Special)
16.04.160 to be 16.04.090-16.04.170, 1771 Prezone (Special)
building code provisions (16.04) 1772 Rezone (Special)
1743 Amends § 11.24.150, parking (11.24) 1773 (Not available)
1744 Not enacted 1774 Rezone (Special)
1745 Amends § 11.08.250, bicycle lanes 1775 Adds § 2.04.050, city council term
(11.08) limits (2.04)
1746 Rezone (Special) 1776 Amends § 15.32.060; repeals and re-
1747 (Not passed) places Ch. 15.04, waterworks system,
1748 Rezone (Special) rates and charges; repeals and replaces
1749 Rezone (Special) Ch. 15.20, sewage disposal systems;
1750 Rezone (Special) repeals Chs. 15.08, 15.12 and 15.30
1751 (Not enacted) (15.04, 15.20, 15.32)
1752 (Not enacted) 1777 Adds §§ 16.08.185, 16.08.290,
1753 Amends specific plan (Special) 16.08.300, 16.16.025, 16.20.110,
1754 Rezone (Special) 16.20.120, 16.28.065, 16.32.090,
1755 Adds § 17.04.030; amends §§ 16.36.055; amends §§ 16.08.020,
17.32.010, 17.32.040 and 17.32.090, 16.08.080, 16.08.200(A)(1), 16.08.250
zoning (17.04, 17.32) (B), 16.12.010, 16.12.020, 16.12.040,
1756 Rezone (Special) 16.16.020, 16.16.070, 16.20.080,
1757 Adds Ch. 2.06, city council campaign 16.24.020, 16.24.030, 16.24.060,
finance (2.06) 16.24.080,16.28.040(C),16.28.060(A),
1758 Adopts interim measures to protect. 16.32.080, 16.40.070, 16.40.930,
structures from demolition of potentially 16.40.950(A); amends title of Ch.
historic sites (Not codified) 16.12; repeals and replaces §§
1759 Amends § 11.08.250, bicycle lanes 16.20.100, 16.32.100; repeals §§
(11.08) 16.04.040, 16.04.150, 16.08.090,
1760 Amends § 11.26.110, parking (11.26) 16.08.140(B), 16.08.180(B), 16.08.190
1761 Adopts interim measures to protect. (C), 16.08.250(B)(1 and 2), 16.08.280
structures from demolition of potentially (A-C), 16.20.030, 16.20.040,
historic sites (Not codified) 16.20.090(A)tPart One), 16.24.040,
1762 Amends § 11.20.030, stop signs (11.20) 16.36.030(D),16.36.070(D), 16.40.940,
1763 (Pending) 16.40.950tD), 16.42.280; repeals Chs.
f)14-11 (Cupertino 8-98)
TABLES
16.44, 16.48 and 16.60; repeals Ch.
16.44 Appx. A, Ch. 16.52 Article subti-
tles, Ch. 16.60 Tables A, B, C, D, E,
and F and Demand/Capaciry Ratio
graph; buildings and construction regu-
lations (16.08, 16.12 16.16, 16.20,
16.24, 16.28, 16.32, 16.36, 16.40)
1778 Adds Ch. 19.134, architectural and site
review process (19.134)
1779 Adds §§ 19.32.090 and 19.60.090,
architectural and site review (19.32,
19.60)
1780 Designating permit parking on Rose
Blossom Drive from McClellan Road to
Lily Avenue (Not codified)
1781 Amends § 11.24.160, parking (11.24)
1782 Prezone (Special)
1783 Prezone (Special)
1784 Amends §§ 19.08.030, 19.28.040,
19.28.060, 19.32.060, 19.40.110,
19.56.040, 19.56.060, 19.56.070,
19.64.050, 19.64.080, 19.76.070,
19.80.030, 19.88.030, 19.92.060 and
19.104.040; repeals Ch. 19.96; zoning
(19.08, 19.28, 19.32, 19.40, 19.56,
19.64, 19.76, 18.80, 19.88, 19.92,
19.104)
1785 l?rezone (Special)
1786 Amends specific plan (Special)
1787 Amends Ch. 2.32, planning commission
(2.32)
1788 Amends Ch. 16.28, fences (16.28)
1789 Amends Ch 17.44, sign exceptions
(17.44)
1790 Amends Ch. 19.132, zoning (19.132)
1791 Amends Ch. 19.134, zoning (19.134)
1792 Amends §§ 2.16.010-2.16.030, city
council (2.16)
(Cupertino 8-98) 614-12
EXCAVATION, GRADING, RETAINING WALLS
Fees 16.08.160
Grading
See also Specific Type or Phase
emergency penmit issuance 16.08.185
supervision 16.08.230
Inspections 16.08.250
Interim plan 16.08.110
Limitations of provisions 16.08.040
Modifications 16.08.240
Permit
application contents 16.08.080
approval conditions 16.08.190
denial 16.08.180
design standards 16.08.200
emergencies 16.08.185
exemptions
categorical 16.08.070
generally 16.08.060
issuance conditions 16.08.170
limitations, conditions 16.08.210
permittee responsibility 16.08.220
revocation 16.08.280
suspension 16.08.270
Permittee responsibility 16.08.220
Purpose of provisions 16.08.010
Scope 16.08.050
Severability 16.08.030
Site map, grading plan required 16.08.100
Soils engineering reports 16.08.130
Title of chapter 16.08.000
Violation
penalties designated 16.08.290
remedies deemed cumulative 16.08.300
Work
completion notice, report 16.08.260
schedule required 16.08.140
EXPLOSIVES
Disposal 6.24.100
Permit
issuance 10.20.020
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
-F-
FALSE ALARM
See ALARM
FAMILY CARE HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
FENCE
Chapter purpose 1628.010
Construction design review guidelines
general 16.28.040
site review required 16.28.030
Definitions 16.28.020
Exceptions 16.28.060
Location
See Construction design review guidelines
Materials
See Construcdon design review guidelines
Proximity to public streets 1628.050
Setback, area requirements
front 1628.020
rear 16.28.020
side 16.28.020
Violation, penalty 16.28.070
FINANCE
See PURCHASING
FINANCE DIRECTOR
Purchasing officer, designation, duties
See PURCHASING OFFICER
Storm drainage service charge
bill correction authority 3.36.150
collection duties
balance payments 3.36.090
generally 3.36.080
omitted charges 3.36.100
premises inspection authority 3.36.190
625
(Cupertino 8-98)
FINANCE OFFICER
FINANCE OFFICER Section 1001.11 16.40.130
Alarm systems Section 1003.1.4 16.40.140
administration and enforcement 10.26.100 Section 1004.6 16.40.150
appeals hearing 10.26.120 Section 1007.3.3.3.5 16.40.170
Section 7901.1.1.1 16.40.280
FINE ARTS ACTIVTI'IES Section 8001.4.2.1 16.40.370
Regulations generally 2.80.080 Section 8001.4.7.4 16.40.420
Section 8001.9.8 16.40.440
FINE ARTS COMMISSION Section 8001.10.1.2 16.40.450
Compensation, expenses 2.80.090 Section 8001.14.5 16.40.470
Effect of provisions 2.80.100 Section 8001.14.6 16.40.480
Established, appointment, composition 2.80.010 Section 8001.14.6.1 16.40.490
Meetings Section 8001.14.6.2 16.40.500
generally 2.80.050 Section 8001.14.6.3 16.40.510
quorum 2.80.050 Section 8001.14.6.4 16.40.520
voting, requirements 2.80.060 Section 8001.14.6.5 16.40.530
Members Section 8001.14.6.6 16.40.540
appointment, composition 2.80.010 Section 8001.14.6.7 16.40.550
term of office 2.80.020 Section 8001.14.6.8 16.40.560
vacancy filling, removal procedures 2.80.030 Section 8001.14.6.9 16.40.570
Officers 2.80.040 Section 8001.14.6.10 16.40.580
Powers, duties generally 2.80.080 Section 8001.14.6.11 16.40.590
Recordkeeping 2.80.070 Section 8001.15 16.40.600
Section 8001.15.1 16.40.610
FIRE Section 8001.15.1.2 16.40.620
See FIRE CODE Section 8001.15.1.3 16.40.630
SMOKING Section 8001.15.1.4 16.40.640
Section 8001.15.2 16.40.650
FIRE CODE Section 8001.15.2.1 16.40.660
Additions Section 8001.15.2.2 16.40.670
Appendix II-A, Section 16.3 16.40.900 Section 8001.15.2.3 16.40.680
Appendix II-A, Section 25 16.40.910 Section 8001.15.2.4 16.40.690
Appendix III-B, Section 5 16.40.920 Section 8001.15.3 16.40.700
Section 101.3.1 16.40.020 Section 8001.15.3.1 16.40.710
Section 103.3.2.3 16.40.030 Section 8001.15.4 16.40.720
Section 103.3.2.4 16.40.040 Section 8001.15.4.1 16.40.730
Section 105.8f.6 16.40.050 Section 8001.15.4.2 16.40.740
Section 105.81.1 16.40.060 Section 8001.15.5 16.40.750
Section 105.9 16.40.070 Section 8001.16 16.40.760
Section 209-H 16.40.090 Section 8003.3.3.1 16.40.840
Section 214-M 16.40.100 Section 8003.3.4.1 16.40.850
Section 220-S 16.40.110 Section 8004.1.19 16.40.870
Section 82042.1 16.40.890
(Cupertino 8-98) 626
ZONING
regulations
concentration of activities 19.104.030
proximity to residential, public, quasi-public
uses 19.104.040
Agricultural-residential zone
See A-1 zone
Agricultural uses
PR zone 19.68.030
Agricultural zone
See A zone
Airport
T zone 19.64.060
Air sports field
FP zone 19.72.040
Amendment
boundary changes
action by director 19.120.050
action by planning commission 19.120.070
application by city 19.120.040
application by owner 19.120.030
generally 19.04.080, 19.120.020
hearing, notice 19.120.060
generally 19.120.010
Amusement park
FP zone 19.72.040
Animal
breeding
A-1 zone 19.20.030, 19.20.040
A zone 19.16.030
clinic, hospital
NII, zone 19.60.030
keeping
A-1 zone 19.20.030
A zone 19.16.030
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040
Antenna
See Wireless communications facilities
Apiary
A-1 zone 19.20.040
A zone 19.16.030
Appeal
action
city council 19.136.050
planning commission 19.136.040
architectural, site review decisions 19.134.060
filing procedures 19.136.020
generally 19.136.010, 19.136.060
hearing, notification 19.136.030
Appliance rental, sales
ML zone 19.60.030
Arboretum
A-1 zone 19.20.030
A zone 19.16.030
Archery practice range
FP zone 19.72.040
Architectural, site review
appeals generally 19.134.060
application
consideration notice 19.134.050
director actions 19.134.040
findings, conditions required far approval
19.134.080
limitations designated 19.134.070
planning commission authority, duties
19.134.020
requirements 19.134.030
extensions of approval 19.134.090
ML zones 19.60.090
purpose of provisions 19.134.010
R-2 zones 19.32.090
reports required 19.134.100
revocations of approval 19.134.090
Assembly
ML, zone 19.60.030
Athletic field
FP zone 19.72.040
Auction house
N1L. zone 19.60.030
Automobile rental
ML zone 19.60.030
Automobile sales
ML zone 19.60.030
Automobile service station
ML zone 19.60.040
Automobile washing facility
ML zone 19.60.040
663 (Cupertino 8-98)
ZONING
A zone
applicability of provisions 19.16.020
conditional uses 19.16.040
designated 19.12.010
interpretation of provisions-. 19.16.090
permitted uses 19.16.030
purpose 19.16.010
site development regulations 19.16.060
solar designs 19.16.090
yard regulations 19.16.070
Bank
CG zone 19.56.030
Barn
A-1 zone 19.20.030
A zone 19.16.030
BA zone
applicability of provisions 19.64.020
designated 19.12.010
development plan required 19.64.070
permitted uses 19.64.030
purpose 19.64.010
site development regulations 19.64.090
Beverage container redemption, recycling center
See Recycling center
Bicycle motocross
FP zone 19.72.040
Billiards
FP zone 19.72.040
Boat rental
ML zone 19.60.030
Boat sales
ML zone 19.60.030
Boneyard
A zone 19.16.050
Botanical conservatory
A-1 zone 19.20.030
A zone 19.16.030
Bowling
FP zone 19.72.040
BQ zone
applicability of provisions 19.64.020
conditional uses 19.64.050
designated 19.12.010
development plan required 19.64.070
permitted uses 19.64.040
purpose 19.64.010
site development regulations 19.64.090
Building materials sales
NIL zone 19.60.030
Bus station, terminal
T zone 19.64.060
Business office
CG zone 19.56.030
Business service
CG zone 19.56.030
Cabinet shop
ML zone 19.60.030
Carpenter shop
NIL. zone 19.60.030
Caterer
N1L zone 19.60.040
Cattle farm
A zone 19.16.050
Cemetery
A-1 zone 19.20.040
A zone 19.16.040
CG zone
applicability of provisions 19.56.020
conditional uses 19.56.040
designated 19.12.010
new development, conditional use permit
requirements 19.56.060
permitted uses 19.56.030
prohibited uses 19.56.050
purpose 19.56.010
site development regulations 19.56.070
Changes
action 19.120.100
procedure 19.120.080
review 19.120.090
Child day care facility
BQ zone 19.64.050
R-3 zone 19.36.040
Civic organization
BQ zone 19.64.050
Club
BQ zone 19.64.050
CG zone 19.56.030
(Cupertino 8-98) ((~
ZONING
Coal sales Congregate residence
ML zone 19.60.030 A-1 zone 19.20.030, 19.20.040
Columbarium A zone 19.16.030, 19.16.040
A-1 zone 19.20.040 BQ zone 19.64.050
A zone 19.16.040 R-1 zone 19.28.030, 19.28.040
Communication structures R-2 zone 19.32.030, 19.32.040
A-1 zone 19.20.040 R-3 zone 19.36.030, 19.36.040
A zone 19.16.040 RHS zone 19.40.030, 19.40.040
Compliance with provisions required RIC zone 19.44.040, 19.44.050
19.04.030 Conversion, apartment to community housing
Conditional use permit, variance applicability of provisions 19.88.020
action 19.124.060 application
application procedures 19.88.060
concurrent 19.124.130 requirements 19.88.050
generally 19.124.020 paridng 19.88.040
authority 19.124.010 purpose 19.88.010
reports 19.124.120 regulations generally 19.88.030
conditions, findings of fact 19.124.080 Crematory
decision 19.124.050 A-1 zone 19.20.040
effective date 19.124.090 A zone 19.16.040
hearing, notice 19.124.040 Crops
new development A-1 zone 19.20.030
CG zone 19.56.060 A zone 19.16.030
OA zone 19.76.070 RHS zone 19.40.040
reports 19.124.110 Dairy processing
revocation, extension 19.124.100 A-1 zone 19.20.040
Conditional uses A zone 19.16.030
A-1 zone 19.20.030 Dancehall
A zone 19.16.040 FP zone 19.72.040
BQ zone 19.64.050 Dance instruction
CG zone 19.56.040 FP zone 19.72.040
expansion 19.124.110 Day care home, large family
FP zone 19.72.040 A-1 zone 19.20.030, 19.20.040
NII. zone 19.60.040 BQ zone 19.64.050
OA zone 19.76.040 R-1 zone 1928.030, 19.28.040
OS zone 19.24.040 R-2 zone 19.32.030, 19.32.040
R-1 zone 19.28.040 R-3 zone 19.36.040
R-2 zone 19.32.040 RHS zone 19.40.030, 19.40.040
R-3 zone 19.36.040 RIC zone 19.44.050
RHS zone 19.40.040 Day care home, small family
RIC zone 19.44.050 A zone 19.16.030
Conflict of provisions 19.04.040 R-1 zone 19.28.040
R-2 zone 19.32.030
R-3 zone 19.36.030
665 (Cupertino 8-98)
ZONING
RHS zone 19.40.030
RIC zone 19.44.040
Defuutions
applicability, purpose of provisions
19.08.010
construction of provisions 19.08.020
designated 19.08.030
Delivery service
ML zone 19.60.030
Density bonus
applicability of provisions 19.52.030
application 19.52.070
concessions 19.52.040
definitions 19.52.020
purpose 19.52.010
requirements
affordable housing units 19.52.060
generally 19.52.050
Development agreement
application
fees 19.116.060
form, contents 19.116.050
qualification required 19.116.070
review 19.116.090
authority of provisions 19.116.030
cancellation
city 19.116.280
mutual consent 19.116.260
rights 19.116.290
certificate of compliance
appeal 19.116.250
issuance 19.116230
construction of provisions 19.116.330
contents 19.116.100
definitions 19.116.040
effect 19.116.320
execution, recordation 19.116.340
findings of fact, intent of provisions
19.116.010
form 19.116.080
hearing
generally 19.116.200
irregularity in proceeding 19.116.210
hearing, city council
approval 19.116.150
consistency of agreement with city plans
required 19.116.160
generally 19.116.140
hearing, planning commission
recommendation 19.116.130
required 19.116.110
review standard 19.116.120
judicial review 19.116.360
noncompliance 19.116.240
notice
failure to receive notice 19.116.190
generally 19.116.170
purpose 19.116.020
review
generally 19.116.220
reference 19.116.260
rules 19.116.300
separate procedure 19.116.310
time, means 19.116.180
Districts
applicability of provisions 19.12.060
designated 19.12.010
reference 19.12.020
Dry cleaning
ML zone 19.60.030
Duplicating service
ML zone 19.60.030
Entertainment establishment
ML zone 19.60.040
Entitlement applications, combining 19.04.090
Equestrian center
FP zone 19.72.040
Expressway
T zone 19.64.060
Farm worker residence
A-1 zone 19.20.030
A zone 19.16.030
Feed
sale
A zone 19.16.050
ML. zone 19.60.030
(Cupertino 8-98) 666
ZONING
yard Go-cart track
A zone 19.16.050 FP zone 19.72.040
Fertilizer yard Golf course
A zone 19.16.050 BQ zone 19.64.050
Financial institution FP zone 19.72.040
CG zone 19.56.030 Gravel pit
Firearm practice range A-1 zone 19.20.040
FP zone 19.72.040 A zone 19.16.040
Food store, specialty Greenhouse
CG zone 19.56.030 A-1 zone 19.20.040
FP zone A zone 19.16.030
applicability of provisions 19.72.020 ML zone 19.60.030
conditional uses 19.72.040 Helicopter terminal
designated 19.12.010 T zone 19.64.060
development plan required 19.72.050 Hog faun
interpretation of provisions 19.72.090 A zone 19.16.050
performance standards 19.72.080 Homeless shelter, rotating
prohibited uses 19.72.070 BQ zone 19.64.040
purpose 19.72.010 Home occupations
subsidiary uses 19.72.060 A-1 zone 19.20.030, 19.20.040
zoning designations 19.72.030 A zone 19.16.030
Fraternal organization generally 19.92.050
CG zone 19.56.030 nonconforming uses 19.92.070
Freeway prohibited uses 19.92.060
T zone 19.64.060 purpose 19.92.010
Fruit sale R-1 zone 19.28.030, 19.28.040
A-1 zone 19.20.040 R-2 zone 19.32.030, 19.32.040
A zone 19.16.040 R-3 zone 19.36.030, 19.36.040
Fuel pump requirements generally 19.92.020
ML zone 19.60.040 RHS zone 19.40.030, 19.40.040
Fur farm RIC zone 19.44.040
A-1 zone 19.20.050 standards
Funniture sales, used designated 19.92.030
ML zone 19.60.030 interpretation of standards 19.92.040
Gallery Horticulture
FP zone 19.72.040 R-1 zone 19.28.030
Garden R-3 zone 19.36.030
OS zone 19.24.030 RHS zone 19.40.040
R-3 zone 19.36.030 Hospital
General commercial zone BQ zone 19.64.050
See CG zone Ice sales
General office ML zone 19.60.030
CG zone 19.56.030 Industrial zone, light
See ML zone
667 (cwpertino 8-98)
ZONING
Insurance agency
CG zone 19.56.030
Janitoral service
ML zone 19.60.030
Kennel
A-1 zone 19.20.040
A zone 19.16.030
Laboratory
ML zone 19.60.030
Lake
OS zone 19.24.040
Landscaping garden
A-1 zone 19.20.040
A zone 19.16.030
Laundry
CG zone 19.56.030
Lodge
CG zone 19.56.030
Lot regulations
A zone 19.16.060
R-1 zone 19.28.060
R-2 zone 19.32.060
Lumberyard
ML zone 19.60.030
Machinery rental, sales
ML zone 19.60.030
Manufacturing
ML zone 19.60.030
Map
areas not shown 19.12.040
district boundaries 19.12.030
use, interpretation 19.12.050
Martial arts
FP zone 19.72.040
Mausoleum
A-1 zone 19.20.040
A zone 19.16.040
Messenger service
ML zone 19.60.030
Mine
A-1 zone 19.20.040
A zone 19.16.040
Minor change
applicability of provisions 19.132.030
application diversion to administrative approval
approval 19.132.060
generally 19.132.040
time period suspension 19.132.050
definitions 19.132.020
purpose of provisions 19.132.010
reports 19.132.070
ML zone
applicability of provisions 19.60.020
architectural, site review 19.60.090
conditional uses 19.60.040
designated 19.12.010
emission restrictions 19.60.060
parking, loading 19.60.080
permitted uses 19.60.030
prohibited uses 19.60.050
purpose 19.60.010
site development regulations 19.60.070
Motion picture studio
ML zone 19.60.030
Multiple-family residential dwelling
R-3 zone 19.36.030
Multiple-family zone
See R-3 zone
Museum
FP zone 19.72.040
Noncomplying facility
See also Nonconforming use
appeal 19.112.120
applicability of provisions 19.112.010
enlargement prohibited 19.112.060
maintenance, repair 19.112.070
proceedings 19.112.110
record 19.112.100
replacement 19.112.080
value determination 19.112.090
Nonconforming use
See also Noncomplying facility
appeal 19.112.120
applicability of provisions 19.112.010
(Cupertino 8-98) 668
ZONING
change to other than conforming use prohibited
19.112.030
expansion prohibited 19.112.020
maintenance, repair 19.112.040
proceedings 19.112.110
record 19.112.100
replacement 19.112.050
value determination 19.112.090
Nuisance 19.04.050
Nursery
A-1 zone 19.20.040
A zone 19.16.030
ML zone 19.60.030
O-A zone
applicability of provisions 19.76.020
conditional uses 19.76.040
designated 19.12.010
new development, conditional use permit
requirements 19.76.070
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.050
Off-street parking
See also Pazkdng
applicability of provisions 19.100.020
exceptions, generally 19.100.050
purpose of provisions 19.100.010
regulations 19.100.040
Open space zone
See OS zone
Orchazd
A-1 zone 19.20.030
A zone 19.16.030
OS zone
applicability of provisions 19.24.020
conditional uses 19.24.040
permitted uses 19.24.030
purpose 19.24.010
Outdoor activity center
FP zone 19.72.040
Packing, crating establishment
Ivli. zone 19.60.030
Park
PR zone 19.68.030
Park and recreation zone
See PR zone
Parking
See also Off-street parking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
nonresidential zones regulations 19.100.030
purpose of provisions 19.100.010
regulations generally 19.100.040
residential zones regulations 19.100.030
shared pazking regulations 19.100.040
Parking, Parking garage
Ivli., zone 19.60.030
PD zone
applicability of provisions 19.48.020
approval action
city council 19.48.060
planning commission 19.48.050
conceptual development plan required
19.48.040
conditional use permit
approval action, city council 19.48.090
approval action, planning commission
19.48.080
required 19.48.070
development plan modification 19.48.110
establishment, permitted, conditional uses
19.48.030
purpose 19.48.010
Permitted uses
A-1 zone 19.20.030
A zone 19.16.030
BA zone 19.64.030
BQ zone 19.64.040
CG zone 19.56.030
IvII. zone 19.60.030
OA zone 19.76.030
OS zone 19.24.030
PR zone 19.68.030
R-1 zone 19.28.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
669 (CupeRino 8-98)
ZONING
RIC zone 19.44.040
T zone 19.64.060
Personal services
CG zone 19.56.030
Pets
R-2 zone 19.32.030
R-3 zone 19.36.030
Photography studio
CG zone 19.56.030
Picnic area
BQ zone 19.64.050
FP zone 19.72.040
Planned development zone
See PD zone
Playground
PR zone 19.68.030
OS zone 19.24.040
Pond
OS zone 19.24.040
Pool
OS zone 19.24.040
Poultry raising, hatchery
A-1 zone 19.20.040
A zone 19.16.030
Prezoning 19.120.110
Private recreation zone
See FP zone
Processing
ML zone 19.60.030
Professional office
CG zone 19.56.030
OA zone 19.76.030
Prohibited uses
A-1 zone 19.20.030
A zone 19.16.050
CG zone 19.56.050
FP zone 19.72.070
ML zone 19.60.050
PR zone
applicability of provisions
designated 19.12.010
park master plan required
permitted uses 19.68.030
purpose 19.68.010
Public building zone
See BA zone
Purpose of provisions 19.04.010
Quarry
A-1 zone 19.20.040
A zone 19.16.040
Quasipublic building zone
See BQ zone
R-1 zone
applicability of provisions 19.28.020
conditional uses 19.28.040
designated 19.12.010
interpretation of provisions 19.28.090
lot 19.28.060
permitted uses 19.28.030
purpose 19.28.010
site development regulations 19.28.050
solar design 19.28.080
yard 19.28.070
R-2 zone
applicability of provisions 19.32.020
architectural, site review 19.32.090
building coverage, setbacks 19.32.070
conditional uses 19.32.040
designated 19.12.010
height 19.32.050
lot 19.32.060
permitted uses 19.32.030
purpose 19.32.010
yard 19.32.080
R-3 zone
applicability of provisions 19.36.010
conceptual development plan required
19.36.050
conditional uses 19.36.040
designated 19.12.010
parking 19.36.070
permitted uses 19.36.030
purpose 19.36.010
19.68.020 site development regulations 19.36.060
Racquet club
19.68.040 FP zone 19.72.040
Radioactive material manufacture
ML zone 19.60.040
(Cupertino 8-98) ()~]0
ZONING
Radio aerial Residential care facility
See Wireless communications facilities A-1 zone 19.20.030, 19.20.040
Radio station A zone 19.16.030, 19.16.040
ML zone 19.60.030 BQ zone 19.64.050
Radio tower R-1 zone 19.28.030, 19.28.040
A-1 zone 19.20.040 R-2 zone 19.32.030, 19.32.040
A zone 19.16.040 R-3 zone 19.36.030, 19.36.040
Railroad RHS zone 19.40.030, 19.40.040
T zone 19.64.060 RIC zone 19.44.040, 19.44.050
Ranch Residential duplex zone
A-1 zone 19.20.040 See R-2 zone
A zone 19.16.040 Residential hillside zone
Real estate agency See RHS zone
CG zone 19.56.030 Residential single-family cluster zone
Recreation See RIC zone
OS zone 19.24.030 Restaurant
PR zone 19.68.030 CG zone 19.56.030
RHS zone 19.40.040 Retail store
Recycling area CG zone 19.56.030
applicability of provisions 19.81.030 ~ RHS zone
definitions 19.81.020 applicability of provisions 19.40.020, 19.40.145
maintenance, collection 19.81.050 building restrictions 19.40.060
purpose of provisions 19.81.010 conditional uses 19.40.040
site development requirements 19.81.040 designated 19.12.010
violation, penalty 19.81.060 design standards 19.40.070
Recycling center driveways, private roads 19.40.110
administration of provisions 19.82.070 fencing 19.40.080
compliance required, violation, penalty geologic, soil reports 19.40.100
19.82.020 interpretation of provisions 19.40.130
definitions 19.82.030 permitted uses 19.40.030
permit purpose 19.40.010
multiple sites 19.82.050 site development regulations
required 19.82.040 designated 19.40.050
purpose of provisions 19.82.010 exceptions, conditions, procedure 19.40.140
standards 19.82.060 solar design 19.40.120
Religious organization yard 19.40.090
BQ zone 19.64.050 RIC zone
Repair services applicability of provisions 19.44.020
CG zone 19.56.030 characteristics 19.44.030
NII., zone 19.60.030 conditional uses 19.44.050
Research and development designated 19.12.010
ML zone 19.60.030 development plan
Research facility modifications 19.44.080
OA zone 19.76.040 standards 19.44.070
671 (Cupertino 8-98)
ZONING
permitted uses 19.44.040
purpose 19.44.010
waste development regulations 19.44.060
School
BQ zone 19.64.050
Second dwelling unit
A-1 zone 19.84.020
applicability of provisions 19.84.020
architectural review 19.84.060
A zone 19.84.020
nonconforming, illegal second dwelling
units 19.84.070
occupancy 19.84.050
parking 19.84.040
purpose 19.84.010
R-1 zone 19.28.040, 19.84.020
RHS zone 19.40.030
RHS zone 19.40.040, 19.84.020
site development regulations 19.84.030
Shed
A zone 19.16.030
Single-family dwelling unit
A-1 zone 19.20.030
A zone 19.16.030
PR zone 19.68.030
R-1 zone 19.28.030
RHS zone 19.40.030
RIC zone 19.44.040
Single-family residential zone
See R-1 zone
Site development regulations
accessory buildings, structures 19.80.030
A-1 zone 19.20.030
A zone 19.16.050
BA zone 19.64.090
BQ zone 19.64.090
CG zone 19.56.070
ML zone 19.60.070
OA zone 19.76.050
R-1 zone 19.28.050
R-3 zone 19.36.060
radio aerial
See Wireless communications facilities
RHS zone 19.40.050
RIC zone 19.44.060
second dwelling unit 19.84.030
television aerial
See Wireless communications facilities
T zone 19.64.090
Skating rink
FP zone 19.72.040
Slaughterhouse
A zone 19.16.050
Solar design
A-1 zone 19.20.030
A zone 19.16.080
R-1 zone 19.28.080
RHS zone 19.40.100
Sports training center
FP zone 19.72.040
Stables
A-1 zone 19.20.030, 19.20.040
A zone 19.16.030
OS zone 19.24.040
Stenographic service
ML zone 19.60.030
Stone cutting, monument manufacture
NII.. zone 19.60.040
Storage facility
ML. zone 19.60.030
Stream
OS zone 19.24.040
Swimming facilities
BQ zone 19.64.050
FP zone 19.72.040
Mi.. zone 19.60.040
Telegraph office
ML zone 19.60.030
Television aerial
See Wireless communications facilities
Television station
ML zone 19.60.030
Television tower
A-1 zone 19.20.040
A zone 19.16.040
Temporary buildings
R-3 zone 19.36.030
(Cupertino 8-98) 672
ZONING
Temporary uses Vegetation maintenance
conditional use permit OS zone 19.24.030
appeal 19.128.040 Video game
findings, required 19.128.030 FP zone 19.72.040
granting 19.128.010 GC zone 19.56.030
issuance conditions 19.128.020 Vineyard
R-2 zone 19.32.040 A-1 zone 19.20.030
R-3 zone 19.36.040 A zone 19.16.030
RHS zone 19.40.040 Violation, penalty
Theatre generally 19.04.070
FP zone 19.72.040 remedies cumulative 19.04.060
Transformer station Warehouse
A-1 zone 19.20.040 ML zone 19.60.030
A zone 19.16.040 Wine sale
Transmission lines A zone 19.16.040
A-1 zone 19.20.040 A-1 zone 19.20.040
A zone 19.16.040 Wireless communications facilities
Transportation zone aerials
See T zone design, siting review requirements 19.108.070
Travel agency exceptions, generally 19.108.100
GC zone 19.56.030 regulations, generally 19.108.050
Tree farm site development regulations 19.108.060
A-1 zone 19.20.030 antennas regulations 19.108.050
A zone 19.16.030 applicability of provisions 19.108.020
RHS zone 19.40.040 applications
Two-family use, one ownership additional information requirements
R-2 zone 19.32.030 19.108.080
T zone review, processing, generally 19.108.090
applicability of provisions 19.64.020 BQ zone 19.64.050
designated 19.12.010 definitions 19.108.030
development plan required 19.64.070 exceptions, generally 19.108.100
permitted uses 19.64.060 height limitation exceptions 19.108.090
purpose 19.64.010 masts, towers
site development regulations 19.64.090 exceptions 19.108.100
Utility company regulations, generally 19.108.050
BQ zone 19.64.050 purpose of provisions 19.108.010
Utility facility site locations, allowed where 19.108.040
ML zone 19.60.030 Wood sales
Utility structure ML, zone 19.60.030
A-1 zone 19.20.040 Yard regulations
A zone 19.16.040 A-1 zone 19.20.030
Variance A zone 19.16.070
See Conditional use permit, variance R-1 zone 19.28.070
R-2 zone 19.32.080
RHS zone 19.40.070
673 (Cupertino 8-98)