2001 FebruarySUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
February, 2001
(Covering Ordinances through 186
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 tie retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface ......... ............. Preface
Checklist i-v ............ Checklist i-v
TEXT
295-296 .................. 295-296
313-314 .................. 313-314
320-1-320-2 .............320-1-320-2
575-582 ...... , .......... 575-582-1
585 586 ......,........... 585-586
588-9-588-12.4 ........ 588-9-588-12.4
l'ABLES
614-13-614-14 ......... 614-13-614-14
PREFACE
The Cupertino Municipal Cade, 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 section 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. In most instances, sections are numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate future provisions. Similazly, chapters
and titles are numbered to pro~ride for internal expansion.
In parentheses following eac;h section is a legislative history
identifying the specific sources for the provisions of that
section. This legislative history 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 applicable statutory provisions are
located throughout the text. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings the code up to date through Ordi-
nance 1867, passed January 1 Ei, 2001.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(C~peroino 2-01)
CHECKLIST
CUPERTINO M[JNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 2-Ol 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 .............................. 1-95
3-6 .......................... 12-95
7-10 .......................... 11-98
10-1 ........................... 11-98
11-15 ......................... 12-95
Title 2:
17-20 .......................... 8-99
20-1-20-4 ....................... 8-99
20-4a ........................... 8-99
20-5-20-6 ....................... 8-97
21-22 .......................... 6-99
22a ............................ 6-99
22-1-22-3 ...................... 12-95
23-24 .......................... 8-99
24a-24b ........................ 1-95
25-30 ......................... 12-95
31-34 .......................... 6-00
35-51 ......................... 12-95
52/58 .......................... 12-95
59-60 .......................... 3-89
613 .......................... 5-96
64/66 ........................... 5-96
67-70 ....................... (no date)
70-1-70-2 ...................... 12-95
70-3-70-4 ...................... 12-91
70-5-70-8 ....................... 5-96
70-9 ............................ 5-95
70-11-70-12 ..................... 6-00
Page Number Date
87-88 ....................... (no date)
89-100 ........................ 12-96
100~100b ..................... 12-96
100-1-100-2 ..................... 2-93
100-2a .......................... 2-93
100-3-100-4 ..................... 5-92
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 4:
101 ......................... (no date)
Title 5:
103 ........................... 12-96
105-106 ....................... 12-95
107-108 ........................ 2-93
109-110 ....................... 12-95
111-112 ........................ 8-99
113-114 ........................ 3-99
115-117 ....................... 12-95
119-124 ....................... 12-96
125-128 ........................ 8-99
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 ............................ 12-95
73-76 ......................... 12-96
77 ............................. 8-99
78/86 ........................... 8-99
Title 6:
143-150 ........................ 5-96
151 ........................... 12-96
152/156 ........................ 12-96
157-15 8 ....................... 10-93
1 (Chpectino 2-01)
Page Number Date
15 9-160 ....................... 12-91
161-162 ....................... 12-96
162-1-162-2 .................... 12-96
163-164 ....................... 12-95
165 ........................... 12-96
166/ 180 ........................ 12-96
Title 7:
181 ......................... (no date)
Title 8:
183-204 ........................ 5-94
204-1-204-3 ..................... 5-94
Title 9:
205 ........................... 11-98
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 ........................ 3-87
225-234 ........................ 5-96
235-239 ....................... 12-96
240/242 ........................ 12-96
242-1-242-8 ..................... 9-91
243-244 ....................... 11-98
244-1 .......................... 11-98
Title 10:
245 ........................... 12-00
247-248 ....................... 12-96
249-250 ........................ 8-99
250-1-250-2 ..................... 8-99
251-25 8 ....................... 12-96
258-1 ........................... 9-92
Page Number Date
259-274 ....................... 12-96
275-276 ........................ 8-99
277 ........................... 12-96
278/278-2 ....................... 12-96
278-2a-278-2b .................... 1-95
279-280 ....................... 12-96
281-282 ....................... 12-00
Title 11:
283 ........................... 12-96
285-290 ........................ 5-95
291-292 ....................... 11-97
292-1 .......................... 11-97
293-294 ........................ 8-94
295-296 ........................ 2-01
296-1 .......................... 12-87
297/299 ........................ 11-86
301-304 ....................... 12-96
305-306 ........................ 2-00
307-308 ....................... 12-00
309 ........................... 12-96
311-312 ........................ 3-87
313-314 ........................ 2-Ol
315-316 ....................... 12-00
316-1 .......................... 12-00
317-318 ........................ 2-00
318-1-318-2 .................... 12-00
319 ........................... 12-00
320a ............................ 5-95
320-1-320-2 ..................... 2-Ol
320-3 ........................... 5-96
321-322 ....................... 12-00
3 22-1 ........................... 2-00
323-324 ....................... 12-87
325-326 ....................... 11-86
327-328 ....................... 11-97
329-332 ....................... 12-96
332-1 .......................... 12-96
333-334 ....................... 11-86
334-1-334-3 .................... 12-96
335-338 ..................... (no date)
339-340 ........................ 6-00
340-1 ........................... 3-88
cc~~ s-o» ii
Page Number Date
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
357-358 ........................ 8-94
359-360 ........................ 3-89
360-1 ........................... 3-89
361-362 ........................ 8-94
362a ............................ 8-94
362-1-362-2 ..................... 2-93
363-366 ........................ 8-94
366-1-366-2 ..................... 8-94
367-368 ..................... (no date)
368-1-368-2 .................... 12-00
368-3-368-4 .................... 12-96
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 ..................... 9-00
378-3-378-4 .................... 11-99
378-4a ..... .................... 11-99
378-5-378-6 ..................... 6-99
379-382 ... .................. (no date)
383-385 ... ..................... 8-94
Title 15:
387-394 ........................ 5-98
395/411 ......................... 5-98
Title 16:
413-417 ........................ 8-99
418/420 ......................... 8-99
421 X34 ........................ 5-98
Page Number Date
435-436 ........................ 9-00
43738 ........................ 5-98
43943 ........................ 8-99
44548 ........................ 6-00
448-1 ........................... 5-98
449-~54 ....................... 10-93
455-~58 ........................ 5-98
459-464 ........................ 8-99
464-1-464-4 ..................... 8-99
464-4a-464-4b .................... 8-99
464-4b.1-464-4b.16 ................ 8-99
464-4c .......................... 5-98
464-564-12 ................... 10-90
46567 ........................ 5-98
468/474 ......................... 5-98
474-1-474-2 ..................... 3-88
47576 ........................ 5-98
47780 ........................ 8-99
480-1 X80-2 ..................... 8-99
Title 17:
481 ............................ 8-98
48384 ........................ 8-97
485-488 ....................... 10-93
48990 ........................ 5-96
491-492 ....................... 11-98
492-1 .......................... 11-98
49394 ....................... 12-94
494-1 .......................... 12-94
49598 ....................... 11-98
498-1 .......................... 11-98
499-500 ........................ 8-97
501-504 ........................ 6-00
505/515 ........................ 12-96
Title 18:
517-536 ....................... 12-95
537-538 ....................... 12-00
538-1 .......................... 12-00
539-540 ....................... 12-95
541-542 ....................... 12-00
542-1 .......................... 12-00
111 (cti,peitino 2-01)
Page Number Date
543-568 ....................... 12-95
568-1-568-6 .................... 12-95
Tide 19:
569-570 ........................ 8-98
571-572 ....................... 12-94
573-574 ........................ 9-00
575-582 ........................ 2-01
5 82-1 ........................... 2-01
583-584 ........................ 8-98
585-586 ........................ 2-Ol
587-588 ........................ 2-93
588-1-588-4 ..................... 7-95
588-5-588-6 ..................... 8-99
588-6a-588-6b .................... 7-95
588-7-588-8 ..................... 4-94
588-9-588-12 .................... 2-Ol
588-12.1-588-12.4 ................. 2-Ol
588-12.5-588-12.10 ............... 12-00
588-12.10a ...................... 12-00
588-12.11 ....................... 11-99
588-12a-588-12b .................. 8-98
588-13 .......................... 8-98
588-15-588-16 ................... 6-00
588-165-88-16b ................. 6-00
588-17-588-18 .................. 12-96
588-19-588-22 ................... 8-96
588-22a-588-22b .................. 8-98
588-22c-588-22d ................. 12-96
588-23-588-24 ................... 7-95
588-24a-588-24b .................. 7-95
588-25-588-26 .................. 12-93
588-27-588-32 ................... 6-00
588-33-588-34 .................. 12-96
588-35-588-36 ................... 8-98
588-36a-588-36b .................. 6-00
588-37 .......................... 6-99
588-38a ......................... 8-98
588-39-588-42 ................... 5-98
588-43-588-44 ................... 6-00
588-44a ......................... 6-00
588-45-588-48 ................... 2-93
588-49-588-50 ................... 8-98
Page Number Date
588-SOa-588-SOb .................. 6-99
588-51-588-52 ................... 6-00
588-52a-588-52d ................. 12-96
588-52e-588-52h .................. 5-95
588-52i-588-52j .................. 12-96
588-53-588-54 ................... 6-99
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 .......................... 4-99
588-66/588-68 ..................... 4-99
588-69-588-72 ................... 2-97
588-72a-588-72c .................. 2-97
588-73-588-74 ................... 4-99
588-74a-588-74b ................. 12-96
588-75-588-76 ................... 2-97
588-76a-588-76c .................. 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
588-91-588-94 ................... 6-99
588-95-588-96 ................... 8-98
588-97-588-99 ................... 6-00
588-100a-588-100b ................ 5-98
Tide 20:
588-101 ........................ 12-94
588-103-588-106 ................. 12-96
Tables:
589-590 ........................ 5-96
591-592 ........................ 5-98
593-594 ........................ 2-93
595-599 ....................... 12-96
601-614 ........................ 5-98
614-1-614-4 ..................... 5-98
614-5-614-8 ..................... 8-98
614-9-614-10 .................... 8-99
cam 2-oi) iv
Page Number Date
614-11-614-12 ................... 9-00
614-13-614-14 ................... 2-0 l
Index:
615-616 ....................... 12-96
617-618 ........................ 5-98
61920 ........................ 8-99
621-622 ........................ 8-97
623-624 ........................ 6-00
624-1 ........................... 6-00
62527 ....................... 11-99
629/631 ......................... 3-96
633-638 ....................... 12-96
63940 ........................ 8-99
640-1 ........................... 8-99
641-642 ....................... 12-96
64348 ........................ 6-00
649-b50 ....................... 12-00
650-1 .......................... 12-00
651 ........................... 12-96
652/654 ........................ 12-96
655-656 ....................... 12-00
657-65 8 ........................ 5-98
65960 ........................ 8-99
661-~64 ........................ 6-00
665-666 ........................ 6-99
66768 ........................ 8-98
669-~70 ....................... 12-00
670-1 .......................... 11-99
671-673 ........................ 8-98
V
(Gtipectino 2-01)
11.08.210
If the passenger is a minor weighing forty pounds
or less, the seat shall have adequate provision for
retaining the minor in place and for protecting the
minor from the moving parts of the bicycle. (Ord.
1420 (part), 1987)
11.08.220 Carrying articles.
No person operating a bicycle shall carry any
package, bundle or article which prevents the opera-
tor from keeping at least one hand upon the handle-
bars. (Ord. 1420 (part), 1987)
and use of vehicles and bicycles with respect to
them, so long as the same are consistent with this
chapter. Before such a sign is erected, the subject
bicycle lane shall be designated on such streets by
an approved painting or sign, or in such other man-
ner asthe City Manager shall determine will provide
sufficient notice of the existence of such bicycle
lane. When such a painting or sign is in place, no
person shall disobey it.
DESIGNATION OF BICYCLE LANES
11.08.230 Motor vehicles and motorized
bicycles in bicycle lanes.
A. Whenever a bicycle lane has been established
on a roadway pursuant to Section 21207 of the
California Vehicle Code, any person operating a
motor vehicle on such roadway shall not drive in
the bicycle lane except to pazk where pazking is
permitted, to enter or leave the highway, or to pre-
pare for a turn.
B. This section does not prohibit the use of a
motorized bicycle in a bicycle lane pursuant to
Section 21207.5 of the California Vehicle Code;
provided, that no person shall operate a motorized
bicycle upon a bicycle lane at a speed greater than
is reasonable or prudent having due regazd for visi-
bility and the traffic on, and the surface of, the
bicycle lane, and in no event in a manner which
endangers the safety of bicyclists utilizing the bicy-
cle lane. (Ord. 1420 (part), 1987)
11.08.240 Impoundment.
The City may impound and retain possession of
any bicycle in violation of the provisions of this
chapter, and may retain possession of such bicycle
until the provisions of this chapter are complied
with. In addition, a fine may be imposed for any
violation of this chapter pursuant to Section
11.08.310. (Ord. 1420 (part), 1987)
11.08.250 Bicycle lanes-Designated.
The City Manager, upon approval of the City
Council, is authorized to erect or place signs upon
any street in the city indicating the existence of a
bicycle lane, and otherwise regulating the location
Street Description Side
Foothill Boulevard Freeway 280 to Stevens Creek Both
Boulevard
Bubb Road Stevens Creek Boulevard to Rainbow Both
Drive
Mary Avenue Meteor to Stevens Creek Boulevazd Both
Stetting Road Homestead Road to Rainbow Drive Both
Kim Street Kirwin Lane to Bollinger Road Both
Blaney Avenue Homestead to Stevens Creek Both
Boulevard
Tantau Ave Homestead Road to Stevens Creek Both
Boulevard
Homestead Road Grant Road to Swallow Drive Both
Pruneridge Avenue Wolfe Road to Tantau Avenue Both
Mariam Avenue De Anna Boulevard to Merritt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
McClellan Road Byme Avenue to Stetting Road Both
Bollinger Road Miller Avenue to Narciso Court Both
Rainbow Drive Stelling Road to DeAnza Boulevard Both
(Saratoga-Sunnyvale Road)
Stevens Creek East City Limit to the West Both
Boulevard City Limit
(Ord. 1856, 2000; Ord. 1848, 2000; Ord. 1766,
1997; Ord. 1759, 1997; Ord. Ord. 1745, 1996; Ord.
1740, 1996; Ord. 1731 (part), 1996; Ord. 1544,
1991; Ord. 1517, 1990; Ord. 1420 (part), 1987)
11.08.260 Bicycle route-Designated.
The City Manager, upon approval of the City
Council, is authorized to erect or place signs upon
any street in the City indicating the existence of a
bicycle route, and otherwise regulating the location
and use of vehicles and bicycles with respect to
them, so long as the same aze consistent with this
chapter. Before such a sign is erected, the subject
bicycle route shall be designated on such streets by
an approved sign, or in such other manner as the
:?95 (Cupertino 2-01)
11.08.260
City Manager determines will provide sufficient
notice of the existence of such bicycle route.
DESIGNATION OF BICYCLE ROLTrE
Street Description Side
Foothill Boulevard Stevens Creek to McClellan Road Both
Stevens Canyon Road McClellan to South City Limits Both
Bandley Drive Valley Green Drive to Stevens Both
Creek Boulevard
Portal Avenue Merritt Drive to Price Avenue Both
Lubec Street Mary Avenue to Anson Way Both
Anson Way to Milford Drive Both
Milford Drive to Castine Avenue Both
Castine Avenue to Greenleaf Drive Both
Greenleaf Drive to Beardon Drive Both
Beardon Drive to Valley Green Drive Both
Valley Green Drive to Bandley Drive Both
Merritt Drive Mariam Avenue to Portal Avenue Both
Lazaneo Drive Bandley Drive to Forest Avenue Both
Forest Avenue to Blaney Avenue Both
Peppertree Lane Stelling Road to Bonny Drive Both
Bonny Drive to Shelly Drive Both
Shelly Drive to Teny Way Both
Terry Way to Rodrigues Avenue Both
Rodrigues Avenue to Blaney Avenue Both
Price Avenue Blaney Avenue to Portal Avenue Both
McClellan Road Foothill Boulevard to Byme Avenue Both
Erin Way Stalling Road to Kirwin Lane Both
Kirwin Lane to Kim Street Both
Bollinger Road Kim Street to DeAnza Boulevard Both
Tantau Avenue Stevens Creek Boulevard to Both
Barnhazt Avenue
Barnhart Avenue Tantau Avenue to Sterling Both
Boulevard
(Ord. 1864, 2000; Ord. 1739, 1996; Ord. 1731
(pazt), 1996; Ord. 1420 (part), 1987)
11.08.270 Prohibition of skateboarding and
roller skating.
It is unlawful and subject to punishment in accor-
dance with Section 11.08.280 of this chapter, for
any person utilizing or riding upon any skateboard,
roller skates or any similar device to ride or move
about in or on any public property when the same
property has been designated by the City Council
and posted as a "No Skateboazding or Roller Skat-
ing Area." The following is established as a no
skateboazding or roller skating area:
Civil Center Plaza (city halUlibrary). (Ord. 1767
(part), 1997)
11.08.280 Violation-Penalty.
Any person who violates any of the provisions of
this chapter is guilty of an infraction, and, upon
conviction thereof, shall be punished as provided in
Chapter 1.12 of this code, except that no fine im-
posed for violation of any licensing and registration
provisions of this chapter shall exceed five dollars.
(Ord. 1767 (part), 1997; Ord. 1420 (part), 1987)
ccvp~no 2-otl 296
11.24.110
paint on the curb or edge of the paved portion of
the street adjacent to the space. In addition to blue
paint, the space may also be indicated by signs or
other suitable means. (Ord. 843 § 9.7, 1977)
11.24.120 Prohibited in parkways.
No person shall stop, stand, or pazk a vehicle
within any pazkway. (Ord. 843 § 5, 1977)
11.24.130 Prohibited for more than
seventy-two hours.
No person who owns or has in his possession,
custody, or control any vehicle or trailer shall pazk
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall pazk a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of
such vehicle to the penalties as prescribed by Chap-
ter 1.12 of the Cupertino Municipal Code. Each day
the violation continues constitutes a new offense.
This section shall not constitute the exclusive means
of enforcement of vehicles or parts thereof which
have been stored, pazked, placed, or abandoned on
public or private roadways and private property
within the City limits. (Ord. 1394 §§ 1 (part), 2,
1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8,
1977)
11.24.150 Parking prohibited along certain
streets.
No person shall stop, stand, or park any vehicle
as defined in the Vehicle Code of California on any
day on any of the following streets or portions of
streets within the City, as set out in Table
11.24.150. (Ord. 1859, 2000; Ord. 1857 (part),
2000; Ord. 1851, 2000; Ord. 1840 (part), 1999; Ord.
1836,1999; Ord. 1806, 1999; Ord. 1743,1996; Ord.
1741, 1996; Ord. 1729, 1996; Ord. 1727, 1996; Ord.
1724 (part), 1996; Ord. 1683 (part), 1995; Ord.
1605,1992; Ord. 1589, 1992; Ord. 1578, 1992; Ord.
1577,1992; Ord. 1564, 1991; Ord. 1562, 1991; Ord.
1553, 1991; Ord. 1547 (part), 1991; Ord. 1521,
1990; Ord. 1467, 1988; Ord. 1455, 1988; Ord. 1454,
1988; Ord. 1446, 1988; Ord. 1439, 1988; Ord. 1428,
1987; Ord. 1423, 1987; Ord. 1419 (part), 1987; Ord.
1409 (part), 1987; Ord. 1405 (part), 1987; Ord.
1397, 1987; Ord. 1395, 1986; Ord. 1390 (part),
1986; Ord. 1388, 1986; Ord. 1357, 1986; Ord. 1351,
1986; Ord. 1338, 1986; Ord. 1325, 1985; Ord. 1304,
1985; Ord. 1302, 1985; Ord. 1189 (part), 1984; Ord.
1285, 1984; Ord. 1276 (part), 1984; Ord. 1266,
1984; Ord. 1245 (part), 1983; Ord. 1221, 1983; Ord.
1218, 1983; Ord. 1203 (part), 1982; Ord. 1178,
1982; Ord. 1172 (part), 1982; Ord. 1170, 1982; Ord.
1156, 1982; Ord. 1152 (part), 1981; Ord. 1151
(part), 1981; Ord. 1148, 1981; Ord. 1140, 1981;
Ord. 1129, 1981; Ord. 1124 (part), 1981; Ord. 1118
(part), 1981; Ord. 1115, 1981; Ord. 1097, 1981;
Ord. 1072,1980; Ord. 1069,1980; Ord. 1058, 1980;
Ord. 1025, 1980; Ord. 1001, 1980; Ord. 993, 1980;
Ord. 992, 1980; Ord. 980, 1980; Ord. 971 (part),
1980; Ord. 927, 1979; Ord. 908, 1979; Ord. 899,
1978; Ord. 886 § 1, 1978; Ord. 873 § 2, 1978; Ord.
843 § 10.1, 1977)
11.24.160 Prohibited during certain hours.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day except as herein provided on the streets, or
portions of streets, set out in Table 11.24.160, with-
in the City of Cupertino between the respective
hours set opposite the name of each street. (Ord.
1862, 2000; Ord. 1840 (part), 1999; Ord. 1781,
1998; Ord. 1718 (part), 1996; Ord. 1683 (part),
1995; Ord. 1645, 1994; Ord. 1633, 1993; Ord. 1547
(part), 1991; Ord. 1545, 1990; Ord. 1518, 1990;
Ord. 1476 (part), 1988; Ord. 1427, 1987; Ord. 1422,
1987; Ord. 1392, 1986; Ord. 1390 (part), 1986; Ord.
1369, 1986; Ord. 1276 (part), 1984; Ord. 1265,
:313 (a~~moo z-o>>
11.24.160
1984; Ord. 1264, 1984; Ord 1245 (part) 1983; Ord.
1203 (part), 1982; Ord. 1172 (part), 1982; Ord.
1152 (part) 1981; Ord 1151 (part), 1981; Ord. 1135,
1981; Ord. 1124 (part), 1981; Ord. 1118 (part),
1981; Ord. 1074, 1980; Ord. 1007, 1980; Ord. 999
(part), 1980; Ord. 971 (part), 1980; Ord. 873 § 3,
1973; Ord. 843 § 10.2, 1977)
cc~~ 2-0~> 314
Street
Hyde Avenue
I Leola Court
~ Lindy Lane
Lindy Place
Mary Avenue
TABLE 11.24.160 (Continued)
Hours Sides of Street Portion Exceptions
6:30 a.m. to 5 West From Bollinger Road to a Saturday and Sunday
p.m. point 500 feet northerly
thereof
8 a.m. to 2 p.m. Both All Monday, Wednesday,
Thursday, Friday, Sat-
urday, Sunday and
Holidays
6 p.m. to 6 a.m. Both From Canyon View Circle to None
end
6 p.m. to 6 a.m. Both
2 a.m. to 5 a.m. East
Orange Avenue 8 a.m. to 4 p.m. East
Orange Avenue 8 a.m. to 4 p.m. West
Pazk Circle Drive 8 a.m. to 2 p.m. North
Pazk Circle Drive 8 a.m. to 2 p.m. South
Pazk Circle East 8 a.m. to 2 p.m. East
All None
Between a point 340 feet None
north of Stevens Creek Bou-
levazd and a point 440 south
of Lubec Street
Between Granada Avenue Saturday, Sunday,
and Dolores Avenue Holidays
Between Dolores Avenue and Saturday, Sunday and
Alcazar Avenue Holidays
All Monday, Tuesday,
Thursday, Friday, Sat-
urday, Sunday and
Holidays
All Monday, Tuesday,
Wednesday, Friday,
Saturday, Sunday and
Holidays
All Monday, Tuesday,
Thusday, Friday, Satur-
day, Sunday and Holi-
days
3.~~-1 (Ctipertino 2-0I)
TABLE 11.24.160 (Continued)
Street Hours Sides of Street Portion Exceptions
Pazk Circle East 8 a.m. to 2 p.m. West All Monday, Tuesday,
Pazk Circle West 8 a.m. to 2 p.m. West
~ Pazk Circle West 8 a.m. to 2 p.m. East
Richwood Court 8 a.m. to 2 p.m. Both
Rodrigues Avenue 7 a.m. to 8 p.m. South
~ Rosemarie Place 8 a.m. to 2 p.m. Both
~ Sorenson Avenue 8 a.m. to 6 p.m. South
Stelling Road 7 a.m. to 8 p.m. East
Stelling Road 7 a.m. to 8 p.m. West
Valley Green Drive 8 a.m. to 2 p.m. North & East
Wednesday, Friday,
Saturday, Sunday and
Holidays
All Monday, Tuesday,
Thursday, Friday, Sat-
urday, Sunday and
Holidays
All Monday, Tuesday,
Wednesday, Friday,
Saturday, Sunday and
Holidays
All Monday, Wednesday,
Thursday, Friday, Sat-
urday, Sunday and
Holidays
Between Blaney Avenue and None
a point 800 feet west thereof
All Monday, Wednesday,
Between Craft Drive and
Finch Avenue
Between Alves Drive and
Greenleaf Drive, all portions
currently or hereafter within
the City limits
Between Hazelbrook Court
and Gazdena Drive, all por-
tions currently or hereafter
within the City limits
Between Stelling Road and
Beardon Drive
Thursday, Friday, Sat-
urday, Sunday and
Holidays
Saturdays, Sundays and
Holidays
None I
None
Monday, Tuesday,
Thursday, Friday, Sat-
urday, Sunday and
Holidays
tcwr«r;~ Z.oil 320-2
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 similar motor vehicles. Automotive
maintenance and repair (minor) may be conducted
on the site. The sale of food or grocery items on the
same site is prohibited except for soft drinks and
snack foods, either from automatic vending ma-
chines or in shelves. The sale of alcoholic beverages
on the site is governed by Chapter 19.106.
"Automotive repair and maintenance (minor)"
means the supplying of routine automotive services
such as lubrication, engine tuneups, smog certifi-
cates, servicing of tires, brakes, batteries and similaz
accessories, and minor repairs involving engine
accessories. Any repair which requires the engine,
drive train, transmission assembly, exhaust system,
or drive train parts to be removed from a motor
vehicle or requires the removal of internal parts
shall not be considered minor. Body and paint shop
operations aze not minor repairs or maintenance.
"Average percent of slope" means the ratio be-
tween vertical and horizontal distance expressed in
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
pazcel
A =Area of pazcel in square feet.
"Basement" means any floor below the first story
in a building that is fully submerged below grade
except for lightwells required for light, ventilation
and emergency egress. A basement may have a
maximum exterior wall height of two feet between
natural grade and ceiling.
"Block" means any lot or group of contiguous
lots bounded on all sides by streets, railroad rights-
of-way, or waterways, and not traversed by any
street, railroad right-of--way or waterway.
"Boazding 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 yeazs, 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 "azea
separation wall" as deemed 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 deemed 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 Claza County, the
City Engineer, or by the State Division of Highways
of the State of California.
575 ccuperdno 2-01>
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 caze home or day care facility.
"Child day caze facility" means a facility, li-
censed by the State or County, which provides caze
to children under eighteen yeazs 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. "Lazge child care facility," which means a
facility which provides child and day caze to seven
to twelve children inclusive;
2. "Small child care facility," which means a
facility which provides child day care for one to six
children inclusive.
"Church" means a use providing facilities for
organized religious worship and religious education
incidental thereto, but excluding aprivate 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, billiazd pazlors,
skating azenas, 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-
iumproject asdefined 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 azeas.
"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 yeazs old and older, in which the responsibili-
ties for rent, housekeeping, cooking and other
household maintenance chores are 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 pazcel (or pazcels) of land, together
with the existing attached structures, to that defined
(c~p«ano col) 576
19.08.030
as a community housing project, regazdless of the
present or prior use of such land and structures and
whether substantial improvements have been made
or are to be made to such structure.
"Comer triangle" means a triangulaz-shaped azea
bounded by:
1. The intersection of the tangential extension
of front and end property lines as formed by the
intersection of two public rights-of--way abutting the
said property lines; and
2. The third boundary of the triangulaz-shaped
area shall be a line connecting the front and side
property lines at a distance of forty feet from the
intersection of the tangential extension of front and
side property lines.
"Court" means an open, unoccupied space, other
than a yard, on the same lot with a building or
buildings and which is bounded on two or more
sides by such building or buildings, including the
open space in a house court or court apartment
providing access.
"Covered parking" means a carport or garage that
provides full overhead protection from the elements
with ordinary roof coverings. Canvas, lath, fiber-
glass and vegetation aze not ordinarily roof cover-
ings and cannot be used in providing a covered
pazking space.
"Day caze center" means any child day care facil-
ity, licensed by the State or County, other than a
family day care home, and includes infant centers,
preschools, and extended day caze facilities.
Day Care Home, Family. "Family day care
home" means a home, licensed by the State or
County, which regularly provides care, protection
and supervision of twelve or fewer children, in the
provider's own home, for periods of less than twen-
ty-four hours per day, while the pazents or guazdian
are away, and includes the following:
1. "Large-family day care 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 care 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 aze prohibited, and
within which certain yazds and other open spaces
are required and certain building site azeas are estab-
lished for buildings, all as set forth and specified in
this title.
"Drinking establishment" means an activity that
is primazily 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 pazk-
ing azea 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 squaze feet fully
surrounded by a building or walls exceeding eight
feet in height.
`i77 cc~pertino z-o>>
19.08.030
"Entry feature" means a structural element, which
leads to an entry door.
"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 similaz activity. .
"Equipment yazd" means a construction material
yard, corporation yard, vehiculaz service center or
similar 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 caze 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 aze
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. Interior building area above fifteen feet in
height between any floor level and the ceiling
above;
6. Basements with lightwells that do not con-
form to Section 19.28.060(E);
7. In all zones except residential, permanently
roofed, but either partially enclosed or unenclosed
building features used for sales, service, display,
storage or similaz uses.
t
Height Limit for Entry Features
"Floor area" shall not include the following:
1. Basements with lightwells that conform to
Section 19.28.060(E);
2. Lightwells;
3. Attic areas;
4. Pazking facilities, other than residential gazag-
es, accessory to a permitted conditional use and
located on the same site;
~~~o0 2-0» 578
19.08.030
5. 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 azea on a site to the total site azea.
"Front wall" means the wall of a building or
other structure nearest the street upon which the
building faces, but excluding certain architectural
features as defined in this chapter.
"Full cash value" has the meaning assigned to it
in the California Revenue and Taxation Code for
property taxation purposes.
"Gazage" 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 sidewallc, 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
the property line is more than five feet from the
building, between the building and a line five feet
from the building.
"Gross lot area" means the horizontal azea includ-
ed within the property lines of a site plus the street
area bounded by the street centerline up to thirty
feet distant from the property line, the street right-
of-way line and the extended side yard to the street
centerline.
"Group raze activities" means a residential care
facility providing continuous care for six or fewer
persons on a twenty-four-hour basis, which requires
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 squaze 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 a vertical distance measured
parallel to the natural grade to the highest point of
exterior construction, exclusive of chimneys, anten-
nas or other appurtenances, except that entry fea-
tures are measured to the top of the wall plate.
Height restriction shall be established by estab-
lishing aline pazallel 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 pazks or
similaz uses.
"Household pets" means small animals commonly
found in residential areas such as chickens, ducks,
geese, rabbits, dogs, and cats, but excluding animals
such as any bovine or equine animal, or any goat,
sheep or swine. This title does not regulate the
keeping of small household pets, such as fish, birds
or hamsters, which is incidental to any permitted
use.
579 ~~~~o ~o»
19.08.030
"Junkyard" means the use of more than two
hundred square feet of the azea 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 area 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
elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or
similaz material (excluding driveways, pazking,
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 substandard lot" means any pazcel of land
or lot recorded and legally created by the County or
City prior to March 17, 1980, which lot or pazcel is
of less area than required in the zone; or lots or paz-
cels of record which aze 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-
standazd property which is less than six thousand
squaze 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 pazcel
of less than five thousand squaze 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.
"Lightwell" means an excavated area required by
the Uniform Building Code to provide emergency
egress, light and ventilation for below grade rooms.
"Liquor store" means a use requiring a State of
California "off-sale general license" (sale for off-site
consumption of wine, beer and/or hazd liquor) and
having fifty percent or more of the total dollaz 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 aze 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 sepazate 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 pazcel 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 reaz 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 corner lot fronts.
5. "Lot area" means the azea 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
ccti-~a~ 2-on 580
19.08.030
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, lightwells,
and open recreational facilities.
2. "All other uses except single-family residen-
tial" means the total land azea 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 of
the rear lot line, or to the most distant point on any
other lot line where there is no cleaz reaz 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 neazest the
street from which access is obtained.
2. "Interior lot line" means any lot line not
abutting a street.
3. "Reaz lot line" means the lot line not inter-
secting afront lot line which is most distant from
and the most closely parallel to the front lot line. A
lot bounded by only three lot lines will not have a
reaz lot line.
4. "Side lot line" means any lot line which is
not a front or rear lot line.
5. "Street lot line" means any lot line abutting
a street.
"Lot of record" means a lot which is part of a
subdivision recorded in the office of the County
Recorder, or a lot or parcel described by metes and
bounds which has been recorded.
"Lot width" means the horizontal distance 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 nonmal
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 pazlor" 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 pazk" means any azea or tract of
land where lots are sold, rented, or held out for rent
to one or more owners or users of mobilehomes,
excluding travel-trailers, for the purpose of
penmanent 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 sepazate buildings on the same
site.
:i81 cc~~;~a aov
19.08.030
"Natural grade" means the contour of the land
prior to improvements or development, unless
otherwise established by a city approved grading
plan that is part of a subdivision map approval.
"Net lot area" means the total azea 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.
"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, azchitecture, 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.
"Offset" means the indentation or projection of
a wall plane.
"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.
"Pazk" means any open space, reservation, play-
ground, swimming pool, golf course, recreation
center, or any other azea in the City owned or used
by the City or County and devoted to active or
passive recreations.
"Pazking azea" means an unroofed, paved azea,
delineated by painted or similar 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 pazk-
ing spaces, together with driveways, aisles, fuming
and maneuvering azeas, clearances and similaz fea-
tures, and meeting the requirements established by
this title. Pazking facility includes pazking lots,
garages and pazking structures.
1. "Temporary pazking facility" means parking
lots which aze not required under this title and
which aze intended as interim improvements of
property subject to removal at a later date.
"Pazking space" means an azea on a lot or within
a building, used or intended for use for pazking 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. Pazking space is equivalent to the term "pazk-
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.
ca~pei6no 2-Ol> 582
19.08.030
"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 dischazge 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.
582-1 (CS~peruno 2-0»
19.08.030
ition when it improves the design relationship of the
proposed buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yazd. "Required
reaz-yard 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 neazest line of a building, and
extending from the front setback line to the reaz
setback line.
"Shopping center" means a group of commercial
establishments, planned, developed, owned or man-
aged as aunit, with off-street pazking provided on
the site.
"Single-family use" means the use of a site for
only one dwelling unit.
"Specialty food stores" means uses such as baker-
ies, donut shops, ice cream stores, produce mazkets
and meat markets, or similaz establishments where
food is prepazed and/or sold primarily for consump-
tion off the premises.
"Specified anatomical azeas" 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 azeola; 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 azousal;
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, exclud-
ing abasement, 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 thoroughfaze
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, boulevazd, 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 calendar
days or less, counting portions of calendar days as
full days, and including any individual who actually
physically occupies the premises, by permission of
any other person entitled to occupancy.
"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 (Ctiperfino 2-0I)
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. "Pernutted use" means a use listed by the
regulations of any particulaz 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 yazd" means that azea bounded by
the reaz lot line(s) and the reaz building line extend-
ed to the side lot lines. The side yazd 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 reaz yazd 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 azea within a lot, adjoining a lot
line, and measured horizontally, and perpendiculaz
to the lot line for a specified distance, open and
unobstructed except for activities and facilities
allowed therein by this title.
1. "Front yazd" 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 reaz lot line, extending between the side
yards; provided that for lots having no defined reaz
lot line, the reaz yazd 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 yazd" means a yazd measured into a lot
from a side lot line, extending between the front
yard and rear lot line. (Ord. 1863 (part), 2000; Ord.
1809, 2000; 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)
cam 2-0u 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, basements, height
restrictions and privacy
mitigation measures for
nonaccessory buildings and
structures.
19.28.070 Permitted yard encroachments.
19.28.080 Exceptions for prescriptive
design regulations.
19.28.090 Residential design approval.
19.28.100 Development regulations-
Eicliler (R-le).
19.28.110 Procedure for exceptions and
residential design approvals.
19.28.120 Solaz design.
19.28.130 Interpretation by the Planning
Director.
19.28.140 Appendix A-Landscape
Mitigation Measures.
19.28.150 Appendix B-Release of
Privacy Protection Measures.
19.28.160 Appendix C-Privacy
Protection Planting Affidavit.
19.28.010 Purposes.
R-1 single-family residence districts aze 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 pazcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Reinforce the predominantly low-intensity
setting in the community;
E. Preserve the design integrity of homes in
neighborhoods with consistent architectural themes.
(Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999:
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. 1860 § 1 (part),
2000: Ord. 1834 (part), 1999: 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, standazds and procedures described in
Chapter 19.82, 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 permit
requirements contained in Chapter 19.92;
E. Horticulture, gazdening, 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 yazds, main-
tenance facilities, or corporation yazds;
5138-9 (C~penino 2-01)
19.28.030
J. Lazge-family day care homes, which meets
the pazking 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 ad-
ministratively approve lazge day care homes to
ensure compliance with the pazking and proximity
requirements;
K. Congregate residence with ten or less resi-
dents. (Ord. 1860 § 1 (part), 2000: Ord. 1834 (part),
1999: Ord. 1688 § 3 (part), 1995; Ord. 1657 (part),
1994; Ord. 1601 Exh. A (part), 1992)
19.28.040 Conditional uses.
The following uses may be 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. Lazge-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 15.97.46(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 azea;
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 azea;
2. Group caze activities with greater than six
persons;
3. Residential caze 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 providers, provider family or staff;
4. Residential caze facility that has the appropri-
ate State, County agency or department license and
seven or greater residents, not including the provider
family or staff, is a minimum distance of five hun-
dred feet from the property boundary of another
residential caze 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 family or staff, is a minimum
distance of five hundred feet from the property
boundary of another residential caze facility;
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 squaze
feet of usable rear yazd area per occupant. (Ord.
1860 § 1 (part), 2000: Ord. 1834 (part), 1999: 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 squaze feet) following the
R-1 zoning symbol. Examples are 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 six thou-
sand squaze feet.
(c~pemno a-o» 588-10
19.28.050
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 require-
ments of this title are fulfilled.
B. Lot Width. The minimum lot width shall be
sixty feet measured at the front-yazd 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 are
thirty percent or greater shall be identified on the
site development plan.
2. Buildings proposed on a portion of a lot with
slopes of thirty percent or greater shall be developed
in accordance with the site development and design
standazds specified in Sections 19.40.050 through
19.40.140 of the Residential Hillside Ordinance,
Chapter 19.40, or the R-1 zoning ordinance, Chapter
19.28, whichever specific regulation is more restric-
tive.
3. No structure or improvements shall occur on
slopes of thirty percent or greater unless an excep-
tion is granted in accordance with Section
19.40.140, unless no more than five hundred squaze
feet of development, including grading and struc-
tures, occurs on an area with a slope of thirty per-
cent or greater. (Ord. 1860 § 1 (part), 2000: Ord.
1834 (pazt), 1999: Ord. 1635 § 1 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.060 Lot coverage, building setbacks,
basements, height restrictions and
privacy mitigation measures for
nonaccessory buildings and
structures.
A. Lot Coverage for First Story Development.
A building or buildings may cover no more than
forty-five percent of the net lot area.
B. Floor Area Ratio.
1. Any new two-story house, or two-story addi-
tion to an existing house, may not cause all stntc-
tures on the lot to exceed thirty-five percent of the
net lot area, unless discretionary approval is first ob-
twined from the Design Review Committee pursuant
to Section 19.28.090. In no event shall such floor
area ratio exceed forty-five percent of the net lot
area.
2. A second story shall not exceed thirty-five
percent of the existing or proposed first story or six
hundred square feet, whichever is greater.
C. Setback-First Story (Nonaccessory Struc-
tures).
1. Front Yazd. The minimum front yard setback
is twenty feet; provided, that for a curved driveway
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 Yazd. At least one of two side yazd
setbacks must be no less than ten feet. The other
side yazd setback must be no less than five feet.
Notwithstanding the above, a lot less than sixty feet
in width and less than six thousand squaze feet shall
have a minimum side-yard setback of five feet on
each side yazd. In instances where an addition is
proposed to an existing building having both side
yazd setbacks less than ten feet, the wider setback
shall be retained and the narrower setback must be
at least five feet. Notwithstanding the above, a side
yazd setback which is existing and legally noncon-
forming may be extended along its existing setback
to no less than three feet from the property line if
the applicant obtains written consent from the Direc-
tor of Community Development. In the case of a
comer lot, a minimum side-yazd setback of twelve
feet on the street side of the lot is required.
3. Rear Yazd. The minimum rear yazd setback
is twenty feet unless the usable reaz yard area
equals, or exceeds, twenty times the lot width as
measured from the front setback line. In that case,
the minimum reaz yazd setback is ten feet.
D. Setback-Second Floor (Nonaccessory Struc-
tures).
1. The minimum front and reaz 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. In the
case of a corner lot the minimum setback is twelve
588-11 cc~pe~tino ~o>>
19.28.060
feet from a street line and twenty feet from any reaz
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 and side-yard setback re-
quirements specified in subsection D2 of this sec-
tion. Aminimum of five feet of the fifteen feet shall
be applied to the side yazd(s).
4. Accessory Buildings/Structures. Chapter
19.80 governs setbacks, coverage and other stan-
dards for accessory structures.
5. The height of second story walls are regulated
as follows:
a. Fifty percent of the total perimeter length of
second story walls shall not have exposed wall
heights greater than six feet, and shall have a mini-
mum two-foot high overlap of the adjoining first
story roof against the second floor wall. The overlap
shall be structural and shall be offset a minimum of
four feet from the first story exterior wall plane.
cc~~~ 2-0~~ 588-12
19.28.060
c
5
C
b. All second story wall heights greater than six
feet, as measured from the second story finished
floor, aze required to have building wall offsets at
least every twenty-four feet, with a minimum two-
foot depth and six-foot width. The offsets shall
comprise the full height of the wall plane.
reinforced with the most effective root barrier mea-
sures, asdetermined by the Director of Community
Development.
F. Additional Site Requirements.
1. Height.
a. Maximum Building Height. The height of any
principal dwelling in an R-1 zone shall not exceed
twenty-eight feet, not including fireplace chimneys,
antennae or other appurtenances.
b. The maximum exterior wall height and build-
ing height on single-story structures must fit into a
building envelope defined by:
i. A twelve-foot high vertical line measured
from natural grade and located five feet from prop-
erty lines.
ii. Atwenty-five-degree roof line angle projected
inward at the twelve-foot high line referenced in
subsection Elbi of this section.
Notwithstanding the above, a gable end of a roof
enclosing an attic space may have a maximum wall
height of twenty feet to the peak of the roof as
measured from natural grade.
c. All second story roofs shall have a minimum
of one-foot eaves.
E. Basements.
1. The number, size and volume of lightwells
and basement windows and doors shall be the mini-
mum required by the Uniform Building Code for
egress, light and ventilation.
2. No part of a lightwell retaining wall may be
located within a required setback area except as
follows:
a. The minimum side setback for a lightwell
retaining wall shall be five feet;
b. The minimum reaz setback for a lightwell
retaining wall shall be ten feet.
3. Lightwells that are visible from a public street
shall be screened by landscaping.
4. Railings for lightwells shall be no higher than
three feet in height and shall be located immediately
adjacent to the lightwell.
5. The perimeter of the basement and all
lightwell retaining walls shall be treated and/or
58E~-12.1
(G~pecrino ZOl)
-0" 24'-0"
thin.
19.28.060
2. Heights exceeding twenty feet shall be subject to the setback regulations in subsection D of this section.
3. The maximum entry feature height, as measured from finish grade to the top of the wall plate, shall
be fourteen feet.
Zb
'v
~-
Grade
To of d
Plate
E
t
n
ry
Feature
Finish
,0~
cc~m«ti~ 2-ou 588-12.2
,-0. -~
60'-0"
19.28.060
4. 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". However, the
limitation may be removed through use permit ap-
proval, asprovided in Section 19.28.040B by the
Planning Commission.
5. No blank single-story side walls longer than
sixteen feet shall face a public right-of--way without
at least one of the following:
a. At least one offset with a minimum two-foot
depth and six-foot width. The offset shall comprise
the full height of the wall plane;
b. Window at least thirty inches by thirty inch-
es;
c. Entry feature leading to a door;
d. Trellis with landscape screening.
6. 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 standazd 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
twenty feet in height.
G. Privacy Protection Requirements.
1. Required Landscape Planting.
a. Requirement. In order to address privacy
protection and the reduction in visible building mass
of new two-story homes and additions, tree or shrub
planting is required. An applicant for a new two-
story home and/or addition must plant at least one
tree in front of the new second story in the front
yard setback azea unless there is a conflict with the
tree canopy of any public street tree (Appendix A).
b. Planting Plan. A building permit application
for a new two-story house or a second story addition
shall be accompanied by a planting plan which
identifies the location, species and canopy diameter
of existing trees or shrubs. New trees or shrubs shall
be shown on the applicant's property within a cone
of vision defined by a thirty degree angle from the
side window jambs of all second story windows
(Exhibit 1). New trees or shrubs are not required to
replace existing trees or shrubs if an Internationally
Certified Arborist or Licensed Landscape Architect
verifies that the existing trees/shrubs are consistent
with the intent of Appendix A. In addition, one tree
shall be planted in the front yard setback. The plant-
ing is required on the applicant's property, unless
the options listed in subsection Fld of this section
aze applied. This option does not apply to the front
yazd tree-planting requirement.
c. Planting Requirements. The minimum size of
the proposed trees shall be twenty-four inch box and
eight foot minimum planting height. The minimum
size of the shrubs shall be fifteen gallon and six foot
planting height. The planting must be able to
achieve a partial screening within three yeazs from
planting. The species and planting distance between
trees shall be governed by Appendix A. The trees
or shrubs shall be planted prior to issuance of a final
occupancy penmit. An affidavit of planting is re-
quired in order to obtain the fmal occupancy penmit
(Appendix C).
d. Options. Where planting is required, the
applicant may plant on the affected property owners
lot in lieu of their own lot or the affected property
owner may modify the numbers of shrubs or trees,
their types and locations by submitting a waiver to
the Community Development Department along
with the building permit (Appendix B). This option
does not apply to the required tree planting in front
yards.
e. Applicability. This requirement shall not
apply to skylights, windows with sills above five
feet from the floor, nonaligned side-setback win-
dows between two single-family residential homes
that have ten feet or less building setbacks to the
property line, unless the affected property owner
58F~-12.3 ta,~;oo ~»
19.28.060
agrees to planting. In such cases, windows must be
obscure or have a sill height above five feet from
the floor, windows facing aright-of--way, and win-
dows facing a nonresidential zoning district.
f. Maintenance. The required plants shall be
maintained. Landscape planting maintenance in-
cludes irrigation, fertilization and pruning as neces-
sary to yield a growth rate expected for a particulaz
species. Where required planting dies it must be
replaced within thirty days with the size and species
as described in Appendix A of this chapter. The
affected property owner with privacy protection
planting on his or her own lot is not required to
maintain the landscaping.
2. Window Alignment.
a. Window Alignment. A building permit appli-
cation for a new two-story house or a second story
addition shall be accompanied by a site plan which
includes the adjacent buildings and their existing
second-story windows. New side two-story windows
shall not align with existing two-story windows on
adjacent buildings. The azchitect shall provide hori-
zontal and vertical projections from the proposed
windows to the adjacent windows.
b. Waiver. Where window alignment occurs, the
applicant may modify this requirement upon receipt
of written approval from the affected property own-
ers (Appendix B).
c. Applicability. This requirement shall not
apply to skylights, louvered windows, windows with
a sill height above five feet from the floor, windows
facing aright-of--way and windows facing a non-
residential zoning district. (Ord. 1863 (part), 2000;
Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999:
Ord. 1808 (part), 1999; Ord. 1799 § 1, 1998; 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 encroaclunents.
A. In R-1 zones, where a building legally con-
structed according to existing yazd and setback
regulations at the time of construction encroaches
upon present required yazds, 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-
come 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-yazd setback even though the side yazd 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 into a required setback area for
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. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999:
Ord. 1808 (part), 1999; Ord. 1618 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.080 Exceptions for prescriptive design
regulations.
Where results inconsistent with the purpose and
intent of this chapter result from the strict appli-
cation of the provisions hereof, exceptions to Sec-
tion 19.28.060 may be granted as provided in this
section.
A. Issued by the Director of Community Devel-
opment. With respect to a request for two-story
development which does not meet the development
requirements contained in Section 19.28.060F (Pri-
vacy protection requirements), the Community De-
velopment Director may grant an exception to allow
two-story development if the subject development,
based upon substantial evidence, meets all of the
following criteria:
1. The literal enforcement of this chapter will
result in restrictions inconsistent with the spirit and
intent of this chapter.
cc~~;oo z-o>> 588-12.4
ORDINANCE LIST
1820 Prezone (Special)
1821 Prezone (Special)
1822 Amends § § 2.04.010, 5.28.070(1,
5.28.165(E), 10.52.060, 16.28.060(C),
16.52.041(B)(1), 16.52.051, 16.52.052,
16.52.053(B)(4)(a) and 19.20.040(A)(1)
and repeals §§ 3.12.040 and
5.04.280(C), (2.04, 5.28, 10.52, 16.28,
16.52, 19.20)
1823 Adopts Ch. 5 of the 1977 Uniform
Code for Building Conservation (16.60)
1824 Amends §§ 16.04.010 and 16.04.110
and repeals §§ 16.04.070, 16.04.090,
16.04.100 and 16.04.120, building code
(16.04)
1825 Amends § 16.16.010 and repeals §
16.16.060, electrical code (16.16)
1826 Amends §§ 16.20.010, 16.20.020 and
16.20.090 and repeals §§
16.20.050-16.20.070, plumbing code
(16.20)
1827 Amends §§ 16.24.010-16.24.030, me-
chanical code (16.24)
1828 Repeals and replaces Ch. 16.40, fire
code (16.40)
1829 Amends § 16.56.010, housing code
(16.56)
1830 Amends §§ 10.21.010-10.21.120,
newsracks (10.21)
1831 Amends §§ 19.80.030(B)(1)(j) and
19.80.040, accessory build-
ings/structures (19.80)
1832 Amends Ch. 2.16, city council-salaries
(2.16)
1833 Amends § 16.28.045, electronic security
gates (16.28)
1834 Amends Ch. 19.28, zoning (19.28)
1835 Amends §§ 14.18.020, 14.18.140 and
14.18.170, heritage and specimen trees
(14.18)
1836 Amends § 11.24.150, parking (11.24)
1837 Amends § 11.34.010, traffic (11.34)
1838 Amends § 11.34.020, traffic (11.34)
1839 Amends § 11.34.030, traffic (11.34)
1840 Amends §§ 11.24.150, 11.24.160 and
11.24.180, traffic (11.24)
1841 Amends § 11.20.020, traffic (11.20)
1842 Rezone (Special)
1843 Amends contract with California Public
Employees' Retirement System (Spe-
cial)
1844 Adds §§ 19.36.080, 19.48.080 and
19.134.020; amends Chs. 2.32, 2.90,
16.28, 17.44, 19.28, 19.32, 19.36,
19.48, 19.56, 19.60, 19.64, 19.80,
19.132 and 19.134, design review com-
mittee (2.32, 2.90, 16.28, 17.44, 19.28,
19.32, 19.36, 19.48, 19.56, 19.60,
19.64, 19.80, 19.132, 19.134)
1845 Prezone (Special)
1846 Amends contract with California Public
Employees' Retirement System (Spe-
cial)
1847 Repeals and replaces § 11.34.030, war-
rants for the installation and mainte-
nance of road bumps (11.34)
1848 Amends § 11.08.250, bicycle lanes
(11.08)
1849 Prezone (Special)
1850 Adopts redevelopment plan for Cuperti-
no Vallco redevelopment project (Not
codified)
1851 Amends § 11.24.150, traffic (11.24)
1852 Rezone (Special)
1853 Adds § 18.24.115; amends § 14.05.010,
park maintenance and dedication fees
(14.05, 18.24)
1854 Adds Ch. 10.80, solicitation prohibi-
tions on designated public rights-of--way
(10.80)
1855 Amends § 11.20.030B, all directional
vehiculaz stops required at certain inter-
sections (11.20)
1856 Amends § 11.08.250, bicycle lanes
designated (11.08)
1857 Amends § § 11.24.150 and 11.24.170,
pazking restrictions (11.24)
1858 (Not passed)
614-13 (Cupertino z-oi)
TABLES
1859 Amends § 11.24.150, parking restric-
tions (11.24)
1860 Amends Ch. 19.28, single-family resi-
dential zones (19.28)
1861 Rezone (Special)
1862 Amends § 11.24.160, stopping, standing
and pazking-public streets (11.24)
1863 Amends §§ 19.08.030, definitions, and
19.28.060, single-family residential (R-
1) homes (19.08, 19.28)
1864 Amends § 11.08.260, bicycles (11.08)
1865 (Number not used)
1866 Prezone (Special)
1867 Authorizes amendment to California
public employees' retirement system
contract (Special)
(cti-peitino 2-01) 614-14