1997 FebruarySUI~PLEMENT
INSERTION GUIDE
CUPERTINO~ MUNICIPAL CODE
February, 1997
(Covering Ordinances through 1748)
This supplement consists of reprinted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the colurrvl headed "Remove Pages" and in their places
insert the pages listed in the column. headed "Insert Pages."
This Guide for Insertion should be retained as a penmanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface ...............Preface
Checklist ........... Checklist
TEXT
295-296 ........... 295-296
313-314 ........... 313-314
317-318 ........... 317-318
415-420 .......... 415-420a
569-570 ........... 569-570
5 8 8 -67-5 8 8 -72 .......... .
........... 5 8 8 -67-5 8 8 -72 c
58R-75-588-76
Remove Pages Insert Pages
TABLES
614-11 ............... 614-11
INDEX
619-620 ........... 619-620
667-668 ........... 667-668
670-1-675.......... 671-676
........... 5 8 8 -75-5 8 8 -76c
PRI3FACE
The Cupertino Municipal Code, originally published by Book
Publishing Company in 1973.. has been kept current by regular
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. Similarly, chapters
and titles are numbered to provide for internal expansion.
In parentheses following e~~ch 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 thf; code up to date through Ordi-
nance 1748, passed January 6, 1997.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupectu,o 2-97)
CHECKLIST
CUPERTINO MUNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 2-97 supplement, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it l1as been listed individually.
Page Number Date
Title 1:
1 .............................. 1-95
3-15 .......................... 12-95
Page Number Date
Title 4:
101 ......................... (no date)
Title 2:
17 ............................. 5-96
19-22 ......................... 12-95
22-1-22-3 ...................... 12-95
23-24 ......................... 12-96
24a-24b ........................ 1-95
25-51 ......................... 12-95
5 2/5 8 .......................... 12-95
59-60 .......................... 3-89
61-63 .......................... 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
Title 3:
71 ............................ 12-95
73-77 ......................... 12-96
78/86 .......................... 12-96
87-88 ....................... (no date)
89-100 ........................ 12-96
100a-100b ..................... 12-96
100-1-100-2 ..................... 2-93
100-2a .......................... 2-93
100- 3-100-4 ..................... 5 -9 2
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 5:
103 ........................... 12-96
105-106 ....................... 12-95
107-108 ........................ 2-93
109-110 ....................... 12-95
111-114 ........................ 2-93
115-117 ....................... 12-95
119-124 ....................... 12-96
125-128 ........................ 5-96
129-130 ....................... 12-96
130-1 .......................... 12-96
131-132 ....................... 12-95
13 3-134 ....................... 12-96
135/ 141 ........................ 12-95
142 -1-142 -4 .................... 12 -9 6
Title 6:
143-150 ........................ 5-96
151 ........................... 12-96
152/156 ........................ 12-96
157-158 ........................ 10-93
159-160 ....................... 12-91
161-162 ....................... 12-96
162-1-162-2 .................... 12-96
16 3-164 ....................... 12 -95
165 ........................... 12-96
166/ 180 ........................ 12-96
Title 7:
181 ......................... (no date)
(Cupertino 2-97)
Page Number Date
Title 8:
183-204 ........................ 5 -94
204-1-204- 3 ..................... 5 -94
Title 9:
205 ............................ 2-93
207-208 ..................... (no date)
209-210 ....................... 12-96
210-1-210-6 ..................... 3-96
210-7 .......................... 12-96
210-9 ........................... 5-96
211-212 ..................... (no date)
213-214 ........................ 5-96
215-216 ....................... 12-96
217-218 ........................ 5-96
219-220 ..................... (no date)
221-222 ........................ 5 -96
223-224 ........................ 3-87
225-234 ........................ 5-96
235-239 ....................... 12-96
240/242 ........................ 12-96
242-1-242-8 ..................... 9-91
243 ........................... 12-96
Title 10:
245-258 ....................... 12-96
258-1 ........................... 9-92
259-277 ....................... 12-96
278/278-2 ....................... 12-96
278-2a-278-2b .................... 1-95
279-281 ....................... 12-96
Title 11:
283 ........................... 12-96
285-290 ........................ 5-95
291-294 ........................ 8-94
295-296 ........................ 2-97
296-1 .......................... 12-87
297/299 ........................ 11-86
301-309 ....................... 12-96
311-312 ........................ 3-87
313-314 ........................ 2-97
315-316 ........................ 8-96
Page Number Date
317-318 ........................ 2-97
318-1 ........................... 8-94
319-320 ....................... 12-96
320a ............................ 5-95
320-1-320-2 ..................... 5-94
320-3 ........................... 5-96
321-322 ........................ 9-89
322-1 ........................... 9-89
323-324 ....................... 12-87
325-328 ....................... 11-86
329-3 32 ....................... 12-96
332-1 .......................... 12-96
333-334 ....................... 11-86
334-1-334-3 .................... 12-96
335-338 ..................... (no date)
339-340 ....................... 12-96
340-1 ........................... 3-88
341-342 ....................... 12-87
342-1-342-2 .................... 12-96
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
Title 14:
355 ........................... 12-96
357-358 ........................ 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)
368-1-368-4 .................... 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
(Cupertino 2-97) 11
Page Number Date
377-378 ....................... 12-96
378-1-378-2 .................... 12-96
378-3-378-4 ..................... 5-96
378-5-378-6 .................... 12-96
379-382 ..................... (no date)
383-385 ........................ 8-94
Title 15:
387 ............................ 4-90
389-392 ........................ 3-87
393-398 ........................ 2-93
399/401 ......................... 2-93
403-406 ....................... 12-96
407-411 ..................... (no date)
412-1-412-2 .................... 10-93
Title 16:
413 ........................... 10-90
415-420 ........................ 2-97
420a ............................ 2-97
420-1-420-2 .................... 12-96
421---434 ..................... (no date)
43536 ........................ 2-93
43742 ........................ 3-96
443-448 ....................... 12-96
449-454 ....................... 10-9 3
455-45 6 ....................... 12-96
457-~58 ..................... (no date)
459-~62 ........................ 3-96
463-464 ........................ 8 -96
464-1-464-2 ..................... 3-96
464-2a~64-2m ................... 3-96
464- 3-464-14 ................... 10-90
465-472 ..................... (no date)
473-~74 ........................ 3 - 8 8
474-1-474-2 ..................... 3 - 8 8
475-480 ........................ 3-88
480-1-480-2 ..................... 3-96
480-3-480-19 ................... 10-90
Page Number Date
Title 17:
481 ........................... 12-96
483-~88 ....................... 10-93
48990 ........................ 5 -96
491-~92 ....................... 10-93
493-494 ....................... 12-94
494-1 .......................... 12-94
495196 ....................... 10-9 3
497-500 ........................ 5 -9 6
500-1 ........................... 5-96
501-504 ....................... 12-94
505/515 ........................ 12-96
Title 18:
517-568 ....................... 12-95
568-1-568-6 .................... 12-95
Title 19:
5 69-5 70 ........................ 2-97
5 71-5 72 ....................... 12-94
573-574 ........................ 2-93
575-576 ........................ 8-96
576-1 ........................... 7-95
577-578 ....................... 12-94
579-5 80 ....................... 12-93
5 81-5 82 ........................ 4-94
5 83-5 8 6 ........................ 7 -95
586-1 ........................... 8-96
5 87-5 8 8 ........................ 2-93
588-1-5 88-6 ..................... 7-95
588-6a-588-6b .................... 7-95
588-7-588-8 ..................... 4-94
5 8 8 -9-5 8 8 -10 .................... 7-95
588-10a ......................... 7-95
588-11-588-12 ................... 4-94
588-13-588-14 ................... 7-95
588-14a-588-14c .................. 7-95
588-15-588-16 ................... 2-93
588-17-588-18 .................. 12-96
588-19-588-22 ................... 8-96
588-22a-588-22b .................. 8-96
588-22c-588-22d ................. 12-96
5 8 8 -23-5 8 8 -24 ................... 7 -95
111 (Cupc~tino 2-97)
Page Number Date Page Number
588-24~-588-24b .................. 7-95
5 8 8-25-5 88-26 . ................. 12-93
588-27-588-28 . .................. 4-94
5 8 8 -29-5 8 8-30 . ................. 12-94
5 88-31-5 88-32 . .................. 5-96
588-33-588-36 . ................. 12-96
588-37-588-38 . ................. 12-95
588-38588-38b ................. 12-95
5 88-39-588-42 . .................. 2-93
5 8 8-43-5 8 8-44 . .................. 7 -95
5 8 8-45-5 8 8 -4 8 . .................. 2 -9 3
5 8 8-49-5 8 8 -5 2 . .................. 4-94
588-52~--588-52d ................. 12-96
588-52e-588-52h .................. 5-95
588-52i-588-52j . ................. 12-96
588-5 3-588-60 . .................. 2-93
5 88-61-5 88-62 . ................. 12-93
5 8 8-63-5 8 8-64 . .................. 4-94
588-65-588-66 . .................. 8-94
5 8 8 -67-5 8 8 -72 . .................. 2-97
588-72588-72c .................. 2-97
588-73-588-74 . .................. 4-94
588-74588-74b ................. 12-96
5 8 8 -75-5 8 8-76 . .................. 2-97
588-76588-76c .................. 2-97
588-77-588-78 . .................. 2-93
588-79-5 88-80 . ................. 12-96
588-81-588-86 . .................. 2-93
588-87-588-88 . ................. 12-96
588-89-588-90 . .................. 2-93
588-91-588-92 . ................. 12-94
5 8 8- 93-5 8 8 -94 . ................. . 4-94
588-95-588-99 . ................. 12-93
Title 20:
5 8 8-101 ........................ 12-94
588-103-588-106 ................. 12-96
Tables:
5 89-590 ........................ 5-96
5 91-5 92 ....................... 12 -95
593-594 ........................ 2-93
595-599 ....................... 12-96
Date
601-604 ........................ 3-96
605-b 14 ....................... 12-96
614-1~ 14-10 ................... 12-96
614-11 .......................... 2-97
Index:
615-618 . ...................... 12-96
619-620 . ....................... 2-97
621-627 . ...................... 12-96
629/631 .. ....................... 3-96
633-651 . ...................... 12-96
652/654 .. ...................... 12-96
655-656 . ...................... 12-95
657-663 . ...................... 12-96
665-666 . ....................... 5-96
667-668 . ....................... 2-97
669-670 . ...................... 12-96
671-676 . ....................... 2-97
(Cupertino 2-97) 1V
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-
torfrom keeping at least one hand upon the handle-
bars. (Ord. 1420 (part), 1987)
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 park where parking 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 regard 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)
bicycle lane, and otherwise regulating the location
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
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 Boulevard Both
Stelling 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 Gtant Road to Swallow Drive Both
Pwreridge Avenue Wolfe Road to Tantau Avenue Both
Mariam Avenue De Anza Boulevard to Merritt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
Stevens Creek Phar Lap to Stelling Road Both
Boulevard
McClellan Road Byrne Avenue to Stelling Road Both
Bollinger Road Miller Avenue to Narciso Court Both
Rainbow Drive Stelling Road to DeAnza Boulevard Both
(Saratoga-Sunnyvale Road)
Stevens Creek
Boulevard Stelling Road to
DeAnza Boulevard South
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 Erne 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
(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 are consistent with this
chapter. Before such a sign is erected, the subject
bicycle route shall be designated on such streets by
295 (Cupertino 2-97)
11.08.260
an approved sign, or in such other manner as the
City Manager determines will provide sufficient
notice of the existence of such bicycle route.
DESIGNATION OF BICYCLE ROUTE
Strcet 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 Reardon 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 Terry 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 Stelling Road to Kirwin Lane Both
Kirwirt Lane to Kim Street Both
Bollinger Road Kim Street to DeAnza Boulevard Both
(Ord. 1739, 1996; Ord. 1731 (part), 1996; Ord. 1420
(part), 1987)
11.08.270 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. 1420 (part), 1987)
(Cupertino 2-97) 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 park a vehicle
within any parkway. (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 park
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 park 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, parked, 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 pazk 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. 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 park 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.
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, 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)
.s 13 (Cupertino 2-97)
TABLE 11.24.150
Sides of
Street Street Portion
Adriana Avenue North and South Between Mann Drive and a point 100 feet east thereof
Alhambra Avenue East Between University Way southerly to southern terminus
(approximately 1,162 feet)
Anton Way Both Between Stevens Creek Boulevard and Alves Drive
Bandley Drive East and West Between Lazaneo Drive and a point 940 feet northerly
thereof
Bandley Drive Both Between Lazaneo Drive and a point 400 feet north of
Mariam Avenue
Bianchi Way West Between a point 30 feet south of Stevens Creek Boulevazd
and a point 166 feet south of Stevens Creek Boulevard
Blaney Avenue Both Between Villa De Anza Boulevard and Homestead Road
Blaney Avenue Both Between Stevens Creek Boulevazd and a point 450 feet north
thereof
Blaney Avenue East Between Bollinger Road and a point 155 feet north thereof
Blaney Avenue East Between Stevens Creek Boulevazd and Price Avenue
Blaney Avenue West Between Stevens Creek Boulevazd and a point 600 feet north
of Rodrigues Avenue
Blaney Avenue West Between Bollinger Road and a point 550 feet north thereof
Blaney Avenue West From Lucille Avenue and a point 350 feet south thereof
Blue Jay Drive East and West Between Homestead Road and a point f 900 feet south, to
Northurst Drive
Bollinger Road North Between a point 286 feet west of Miller Avenue and a point
150 feet east of Hyde Avenue
(c~patitto 2-97) 314
TABLE 11.24..150 (Continued)
Street Sides of Portion
Street
Mann Drive East/WestJ Between Stevens Creek Boulevard and (Old) Mann Drive
North/South
Mariam Avenue Both Between De Anza Boulevard and the easterly terminus there-
of
Mariam Avenue North Between De Anza Boulevard and a point 350 feet westerly
thereof
Mariam Avenue South Between De Anza Boulevard and a point 150 feet westerly
thereof
Mary Avenue East and North Between Stevens Creek Boulevard and Homestead Road
Mary Avenue West Between Stevens Creek Boulevard and a point 500 feet
northerly thereof
McClellan Road North Between Mira Vista Road and a point 750 feet east of
Stelling )Etoad, all portions currently or hereafter within the
City limits
McClellan Road South Between Mira Vista Road and a point 350 feet east of
Stelling Road
Miller Avenue East Between Bollinger Road and a point 300 feet northerly there-
of
Miller Avenue East Between Athervvood Avenue and Phil Lane
Miller Avenue West Between Stevens Creek Boulevard and Richwood Drive
Miller Avenue West From Bollinger Road and a point 200 feet north
Mount Crest Drive Both Between Mount Crest Place and southerly terminus thereof
Mount Crest Place Both Between Mount Crest Drive and the southerly terminus there-
of
North Portal Ave- East Between Stevens Creek Boulevard and a point 120 feet
nue northerly
Orion Lane South Between Stelling Road and Hunterson Place
Pacifica Drive North Between a point 30 feet east of De Anza Boulevard and a
point 150 feet east of De Anza Boulevard
317 (Cupertino 2-97)
TABLE 11.24.150 (Continued)
Street Sides of
Street Portion
Palm Avenue Both Between Foothill Boulevard and Palo Vista Avenue, all por-
tions currently or hereafter within the City limits
Peninsula Avenue West Between Stevens Creek Boulevard and University Way, all
portions currently or hereafter within the City limits
Portal Avenue West Between Amherst Avenue and a point 250 feet south thereof
Portal Avenue East Between Stevens Creek Boulevard, south 175 feet
Prospect Road North Between Stelling Road and a point 110 feet east thereof
Pnmeridge Avenue Both Between Wolfe Road and a point 350 feet east of Tantau
Avenue
Rainbow Drive Both Between a point 500 feet west of Bubb Road and southwest-
erly terminus thereof
Rainbow Drive North Between Stelling Road and a point 100 feet east thereof
Rodrigues Avenue Both Between a point 300 feet west of De Anza Boulevard and a
point 800 feet west of Blaney Avenue
San Juan Road North Between Cordova Road and Stevens Canyon Road
Santa Clara Avenue West Between University Way and Grand Avenue
Santa Clara Avenue West Between Grand Avenue and Alhambra Avenue
(Cupertino 2-97) 318
16.04.010
Chapter 16.04
BUILDING CODE ADOPTED*
Sections:
16.04.010 Adoption of Uniform Building
Code, 1994.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.040 Seismic.
16.04.050 Address posting.
16.04.060 Installation of spark arresters.
16.04.070 Single room occupancies
(SRO).
16.04.080 Residential roofing.
16.04.090 Foundation-Foundation
reinforcement.
16.04.100 Minimum slab thickness.
16.04.110 Conventional construction
provisions (bracing).
16.04.120 Suspended ceiling upgrade.
16.04.130 Other inspection fees-Table
1-A.
16.04.140 Energy permit fees.
16.04.150 Hearing.
16.04.160 Violation-Penalty.
* For statutory provisions regarding the authority of cities to regulate
the building, construction and removal of buildings within the City,
see Gov. Code § 38601; for other provisions concertung the author-
ity of cities in regulating buildings and construction, see Gov. Code
§ 38660; for the provisions of the State Housing Act, see Health
and Safety Code § 17910 et seq.
16.04.010 Adoption of Uniform Building
Code, 1994.
The Building Code for the City shall be the 1994
Edition of the California Uniform Building Code,
Parts 1, 2 and 3 inclusive and Appendices which
follow:
APPENDIX CHAPTERS
The following Appendix Chapters from the 1994
UBC are adopted:
A. 1994 UBC Appendix Chapter 3, Division 11,
Agricultural Buildings;
B. 1994 UBC Appendix Chapter 15, Reroofing;
C. 1994 UBC Appendix Chapter 18, Water and
Damp-proofing, Foundations;
D. 1994 UBC Appendix Chapter 31, Division
11, Membrane Structures;
E. 1994 UBC Appendix Chapter 31, Division
111, Patio Covers,
except Chapter 107-2, Chapter 107-3, and A33 as
compiled and published by the International Confer-
ence of Building Officials, one copy of which has
been filed for use and examination by the public in
the office of the Building Department, is referred to,
and except as to omissions, amendments and addi-
tions hereinafter noted, is adopted and amended as
part of the Cupertino Municipal Code, as if fully set
forth in this chapter. (Ord. 1706 Exh. A (part),
1995)
16.04.020 Organization and enforcement.
Section 105 of the Uniform Building Code is
amended to read as follows:
Section 105 -Board of Appeals: In order to
determine the suitability of alternate materials and
methods of construction and to provide for rea-
sonable interpretations of the provisions of this
Code, there shall be and is hereby created a
Board of Appeals consisting of five members
who are qualified by experience and training to
pass upon matters pertaining to building construc-
tion installations and materials. The Building
Official shall be an ex officio member and shall
act as Secretary of the Board. The Board of Ap-
peals shall be appointed by the Mayor, subject to
the approval of the City Council, and shall hold
office at his pleasure. The Board shall adopt
reasonable rules and regulations for conducting
its investigations and shall render all decisions
and findings in writing to the Building Official,
with a duplicate copy to the appellant, and may
recommend to the City Council such new legisla-
tion as is consistent therewith. The same person-
nel of the Board of Appeals appointed under this
Code may act as the Board of Appeals under the
other building construction uniform codes. In the
415 (Cupertino 2-97)
16.04.020
event, as Appeals Board is not appointed by the
legislative body, the Council shall serve as said
Appeals Board.
(Ord. 1706 Exh. A (part), 1995)
16.04.030 Permits and inspections.
Section 108.7 of the Uniform Building Code is
amended to read as follows:
Section 108.7 -Other Inspections: In addi-
tion to the called inspections specified above, the
Building Official may make or require any other
inspections of any construction work to ascertain
compliance with the provisions of this Code and
other laws which are enforced by the Building
Department. For the purpose of determining
compliance, the Building Official may cause any
structure to be reinspected. If any inspection is
made at the request of any individual, property
owner or lending institution, a fee equal to the
cost of making such inspection shall be charged
as set forth in the latest resolution adopted by the
city.
(Ord. 1706 Exh. A (part), 1995)
16.04.040 Seismic.
A. Upon application for a building permit with
a valuation of twenty-five thousand dollars or more
in improvements to asingle-family dwelling, the
homeowner must demonstrate that the water heater
and fumace are restrained. If the water heater and
furnace are installed on a platform, the homeowner
must demonstrate that the platform meets 1976
Uniform Building Code Seismic Standards and that
there are flexible gas connectors for all gas appli-
ances.
B. Upon application for a building permit with
a valuation of seventy-five thousand dollars or more
in improvements to asingle-family dwelling, the
homeowner must comply with the requirements
stated above and must retain a licensed engineer or
architect to evaluate the structure in order for it to
be brought into compliance with the 1976 Uniform
Building Code Seismic Standards. (Ord. 1706 Exh.
A (part), 1995)
16.04.050 Address posting.
No Certificate of Occupancy or final building
approval for new construction or alterations shall be
granted until the building or residence has a street
address number posted on the building in a visible
location. The size of the numbers shall be a mini-
mum of five inches high for commercial or industri-
al buildings. Residences designated R3 shall have
number sizes of three inches minimum. R 1 and
Planned Unit Developments shall submit a number-
ing schedule for approval by the Building Depart-
ment and the Fire Department. All commercial
buildings having a single address assigned with
multi-suite arrangements shall have the suite-num-
bering system approved or assigned by the Building
Department with an approved copy to the Fire De-
partment for emergency use. (Ord. 1706 Exh. A
(part), 1995)
16.04.060 Installation of spark arresters.
In new construction or when alterations, repairs
or additions requiring a permit and having a valua-
tion in excess of one thousand dollars occur, all new
and existing fireplace chimneys shall terminate in a
substantially constructed spark arrester, having a
mush not exceeding one-half inch. (Ord. 1706 Exh.
A (part), 1995)
16.04.070 Single room occupancies (SRO).
1994 UBC Section 310.7 is deleted and replaced
with the following:
310.7 Single Room Occupancies: A single
room occupancy shall conform to the require-
ments of the code except as herein provided:
1. The SRO unit shall have a living room of
not less than 220 squaze feet of superficial floor
area. An additional 100 squaze feet of supeficial
floor area shall be provided for each occupant of
such SRO unit in excess of two.
2. The SRO unit shall be provided with a
separate closet.
(Cupertino 2-97) 416
16.04.070
3. The SRO unit may be provided with a
kitchen sink, cooling appliance and refrigeration
facilities, each having a clear working space of
not less than 30 inches (762 mm) in front. Light,
ventilation and emergency egress conforming to
this code shall be provided.
4. Every building shall be provided with at
least one water closet. Every hotel or subdivision
thereof where both sexes are accommodated shall
contain least two separate toilet facilities which
are conspicuously identified for male and female
use, each of which contains at least one water
closet.
public hallway. Additional water closets, lavato-
ries and baths shall be provided on each floor for
each sex at the rate of one for every additional
ten guests or fractional number thereof in excess
of ten. Such facilities shall be clearly marked for
"men" or "women." As an alternative. adequate
unisex facilities may be provided. Each sink,
lavatory and either a bathtub or shower shall be
equipped with hot and cold nulning water neces-
sary for its normal operation.
5. When SRO units are required by state law
to be accessible or adaptable, see appropriate
sections of state law for access requirements.
EXCEPTION: Hotel guest rooms may have
one unidentified toilet facility.
Additional water closets shall be provided on
each floor for each sex at the rate of one for
every additional ten guests or fractional part
thereof, in excess of ten.
Every SRO unit shall be provided with a
kitchen equipped with a kitchen sink; however,
that single room occupancy living unit facilities
and single room occupancy residential hotels may
contain partial kitchen facilities so long as a sink
is provided and laundry facilities and kitchen
facilities are provided on each floor accessible
from a public hallway.
Every SRO unit and every lodging house
shall be provided with a bathroom equipped with
facilities consisting of a water closet, lavatory and
either a bathtub or shower, however, that single
room occupancy residential hotels may contain
partial bathroom facilities. If individual bath
facilities are not provided, common bath facilities
must be provided as follows:
Where private water closets, lavatories and
baths are not provided, there shall be provided on
each floor, for each sex, at least one water closet
and lavatory and one bath, accessible from a
Findings
The cost of housing in the Bay Area is one
of the highest in the nation. To increase housing
opportunities in the low end of the market, single
room occupancy (SRO) can be a viable alterna-
tive. Most cities have realized that SROs, both
rehabilitated or new, when appropriately located
in commercial of high density residential zones,
can be an important factor in attracting industrial
and commercial services businesses which are
necessary for a balanced population. The labor
force with low wages who normally work for
these types of industries can take advantage of
the less expensive housing offered by SROs.
A growing number of major West Coast
Cities such as San Diego, Seattle, Portland, San
Francisco, Sacramento, Berkeley, and Los Angel-
es have already taken a strong position on pro-
moting single room occupancy housing as well
as preserving what is already being used as SRO
in these cities. Following this trend in the Silicon
Valley, which is heavily populated, will give the
region an economic and social advantage as well
as providing further opportunities for the low
income segment of the population.
This amendment is made pursuant to the authority
set forth in California Health and Safety Code Sec-
tion 17958.1. (Ord. 1706 Exh A (part), 1995)
4 17 (Cupcrtino 2-97)
16.04.080
16.04.080 Residential roofing.
Section 1504 of the Uniform Building Code is
amended as follows:
All new dwelling roof systems within the
City shall have a fire retardant Class A classifica-
tion. In addition, all re-roofs shall have a fire
retardant Class A classification when such
dwellings are located in a hazardous fire area as
required by Chapter 16.40.910, Section 25, of the
Cupertino Municipal Code.
All other existing dwelling roof systems shall
have a fire retazdant Class B classification when
a new roof is installed.
All roofing shall conform to the applicable provi-
sions of Chapter 15 of the Uniform Building
Code. Fire retardant roofs are assemblies comply-
ing with UBC Standazd 15.2 and listed as Class
A or Class B.
Exception:
Repairing, replacing or additions to an existing
building which is 25% or less of the roof area
shall not be required to comply with the provi-
sions of this ordinance for fire retardant Class B.
Findings:
Local Conditions:
Climatic:
Precipitation, relative humidity, temperature and
wind. These local climatic conditions affect the
acceleration, intensity and size of fire hazazd of
a community. Times of little or no rainfall, of
low humidity, high temperatures and the winds
experienced in this azea can have a tremendous
impact upon structure fires especially when build-
ings aze close proximity to one another.
Geographic and Topographic:
Seismic location. Seismically, the City has the
San Andreas and Sargent-Berocal faults running
through the lower foothills and the Monta Vista
fault system closer to the valley floor area. The
Hayward fault is just northeast of the City which
would have a major effect upon the City if it
were to rupture. Adding to this threat is the num-
ber of vehicles driven in the City is steadily
increasing with commuters driving to and through
the city either to their homes, shopping and/or
places of employment.
With so many vehicles on the road at any given
time during the day can play a major role on the
response time of emergency services thus greatly
increasing the risk to property and life.
Local climatic, geographic and topographic con-
ditions impact potential damage to all structures
from earthquake and subsequent fire. Therefore
it is found to be reasonably necessary that the
Uniform Fire Code and the State Building Stan-
dards Code be changed or modified to mitigate
the effects of the above conditions.
(Ord. 1742 (part), 1996)
16.04.090 Foundation-Foundation
reinforcement.
1994 UBC Section 1806.1 is amended by adding
the following at the end of the first paragraph:
A minimum of one top and one bottom con-
tinuous bars of 1/2" diameter reinforcing steel
shall be required in all continuous concrete or
masonry bearing foundations.
Findings
The Silicon Valley is within a very active
seismic azea (seismic zone 4) and local soil con-
ditions can be highly expansive (clay soils). The
Northridge earthquake provided hundreds of
examples of damage to plain concrete footings.
This type of damage is extremely expensive to
repair. In contrast to the small expense of provid-
ing nominal footing reinforcement. Footing rein-
(Cupefino 2-97) 418
16.04.090
forcement is also necessary to prevent damage
due to pumping action caused by local expansive
soils which shrink and swell during seasonal
drying and setting conditions.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.100 Minimum slab thickness.
1994 UBC Section 1924 is amended as follows
cement plaster have performed poorly during
recent California seismic events. The shear values
for gypsum wallboard and Portland cement stucco
contained in the code aze based on mono-direc-
tional testing. It is appropriate to limit the use of
these products until cyclic loading testing are
performed and evaluated.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
(a) General. The minimum thickness of con-
crete floor slabs supported directly on the ground
shall not be less than 3-1/2". The slab shall be
reinforced with not less than six inches by six
inches ten-gauge wire mesh or an approved alter-
nate installed at mid height of the slab.
Findings
Due to expansive soil condition, the above
are typical minimum requirements by soil engi-
neers in the Silicon Valley in order to avoid
damages due to soil expansion and shrinkage.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.110 Conventional construction
provisions (bracing).
1994 UBC Section 2326.11.3, Items 5 and 7 are
amended as follows:
Delete 1994 UBC Section 2326.11.3, items
5 which allows the use of gypsum boazd for
bracing.
Amend 1994 UBC Section 2326.11.3, Item
7 as follows:
Portland cement plaster on studs spaced 16
inches on center installed in accordance with
Table No. 25-1. Limited to single story R-3 and
U-1 occupancies.
Findings
The entire Silicon Valley is located in seismic
zone 4. Gypsum wallboard and exterior Portland
16.04.120 Suspended ceiling upgrade.
1994 UBC Section 3403-2 is amended by adding
a new paragraph at the end of the Section (after the
exceptions) as follows:
When a permit is issued for alterations or
repairs, the existing suspended ceiling system
within the area of alteration or repair shall com-
ply with the lateral design requirements of UBC
Standazd 25-2 Part 111.
Findings
This amendment is necessary to mitigate a
known seismic hazard in existing buildings due
to Silicon Valley's proximity to local active
faults.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.130 Other inspection fees-Table 1-A.
A fee shall be paid to the city as set forth in the
latest resolution adopted by the city. (Ord. 1742
(part), 1996; Ord. 1706 Exh. A (part), 1995)
16.04.140 Energy permit fees.
Energy permit fees shall be paid to the city as set
forth in the latest resolution adopted by the City.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.150 Hearing.
The ordinance codified in this chapter shall, after
first reading, be scheduled for public hearing as
provided in Section 50022.3 of the Government
Code. Notice of hearing shall be published pursuant
419 (Cupertino 2-97)
16.04.150
to Section 60066 of the Government Code in the
Cupertino Courier. Copies of the Uniform Building
Code and the ordinance codified in this chapter shall
be on file with the City Building Official and open
for public inspection. (Ord. 1742 (part), 1996; Ord.
1706 Exh. A (part), 1995)
16.04.160 Violation-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
provisions, or fails to comply with any of the man-
datory requirements of this chapter, is guilty of an
infraction, and upon conviction thereof shall be
punishable as provided in Chapter 1.12 of the Cu-
pertino Municipal Code, except that nothing herein
contained shall be deemed to bar any legal, equita-
ble or summary remedy to which the City of Cuper-
tino or other political subdivision or any person,
firm, corporation or partnership maybe otherwise
entitled, and the City of Cupertino or any other
political subdivision or person, firm, corporation or
partnership may file a suit in the Superior Court of
the County of Santa Clara to restrain or injoin any
attempted or proposed subdivision, or acts, in viola-
tion of this chapter. (Ord. 1742 (part), 1996; Ord.
1706 Exh. A (part), 1995)
(Cupertino 2-97) 420
l 6.08.000
Chapter 16.08
EXCAVATIONS, GRADING AND
RETAINING WALLS*
16.08.000 Title.
The title of this chapter shall be "Excavations,
Grading and Retaining Walls." (Ord. 1143 Exh. A
(part), 1981)
Sections:
16.08.000 Title.
16.08.010 Purpose.
16.08.020 Definitions.
16.08.040 Nuisance abatement.
16.08.050 Scope.
16.08.060 Exemption.
16.08.070 Categorical exemptions.
16.08.080 Application.
16.08.090 Application form.
16.08.100 Site map and grading plan.
16.08.110 Interim erosion and sediment
control plan (interim plan).
16.08.120 Engineering geological reports.
16.08.130 Soils engineering reports.
16.08.140 Work schedule.
16.08.150 Bonds.
16.08.160 Fees.
16.08.170 Grading permit-Approval.
16.08.180 Grading permit-Denial.
16.08.190 Grading permit-Conditions of
approval.
16.08.200 Grading permit-Design
standards.
16.08.210 Grading permit-Limitations
and conditions.
16.08.220 Permittee-Responsibility.
16.08.230 Grading supervision.
16.08.240 Modifications.
16.08.250 Inspections.
16.08.260 Work completion notice-
Report.
16.08.265 Appeal procedure.
16.08.270 Suspension of permit.
16.08.280 Revocation of permit.
* Prior ordinance history: Orris. 214-A, 782 and 1075. For statutory
provisions regarding the obligations of those making excavations
to adjoining landowners, see Civil Code § 832.
16.08.010 Purpose.
The purpose of this chapter is to safeguard life,
limb, property, and public welfare by establishing
minimum requirements and standards for regulating
excavation, grading, clearing, and retaining wall
construction, and to preserve and enhance water
quality by controlling surface runoff, erosion and
sedimentation, and establishing procedures by which
these requirements may be enforced. (Ord. 1143
Exh. A (part), 1981)
16.08.020 Definitions.
When used in this chapter, the following words
shall have the meanings ascribed to them in this
section:
1. "Applicant" means any person, corporation,
partnership, association of any type, public agency
or any other legal entity who submits an application
to the Director for a permit pursuant to this chapter.
2. "Bedrock" means the solid undisturbed rock
in place either at the ground surface or beneath
superficial deposits of gravel, sand or soil.
3. "City" means the City of Cupertino.
4. "Civil Engineer" means a professional engi-
neer registered as a civil engineer in the State of
California.
5. "Director" means the Director of Public
Works or his appointed agents.
6. "Engineering geology" means the application
of geological data and principles to engineering
problems dealing with naturally occurring rock and
soil for the purpose of assuring that geological fac-
tors are recognized and adequately interpreted in
engineering practice.
7. "Erosion" means the action or process of
wearing away of earth or soil by the action of water.
8. "Existing grade" means the vertical location
or elevation of the existing ground surface prior to
excavating or filling.
420a (Cupertino 2-97)
Title 19
ZONING
Chapters:
19.04 General Provisions
19.08 Definitions
19.12 Designations and .Establishment of Districts
19.16 Agricultural (A) :ones
19.20 Agricultural-Residential (A-1) Zones
19.24 Open Space (OS) Zones
19.28 Single-Family Residential (R-1) Zones
19.32 Residential Duple:r (R-2) Zones
19.36 Multiple-Family Presidential (R-3) Zones
19.40 Residential Hillside (RHS) Zones
19.44 Residential Single••Family Cluster (RIC) Zones
19.48 Planned Development (PD) Zones
19.52 Density Bonus
19.56 General Commercial (CG) Zones
19.60 Light Industrial (PvIL) Zones
19.64 Public Building (BSA), Quasi Public Building
(BQ) and Transportation (T) Zones
19.68 Park and Recreation (PR) Zones
19.72 Private Recreation (FP) Zone
19.76 Administrative arnd Professional Office (OA)
Zones
19.50 Accessory Building;s/Structures
19.81 Recycling Areas
19.82 Beverage ContainE~r Redemption and Recycling
Centers
19.84 Second Dwelling Units in R-1, RHS, A, and A-1
Zones
19.88 Conversions of Apartment Projects to
Community Housing Projects
19.92 Home Occupation:
19.96 Parking and Keeping Vehicles in Various Zones
~~69 (Cupertino 2-97)
19.100 Parking Regulations
19.104 Adult Oriented Commercial Activities
19.106 Concurrent Sale of Alcoholic Beverages and
Gasoline
19.108 Wireless Communications Facilities
19.112 Nonconforming Uses and Nonconforming
Facilities
19.116 Development Agreements
19.120 Amendments to the Zoning Maps and Zoning
Regulations
19.124 Conditional Use Permits and Variances
19.128 Temporary Uses
19.132 Administrative Approval of Minor Changes in
Projects
19.136 Appeals
(Cupertino 2-97) 57~
19.96.030
a. Vehicles located in a mobilehome park and
used consistent with any City regulations applicable
to mobilehome parks are permitted;
b. Trailers, campers or recreational vehicles may
be used by a bona fide guest of a City resident for
a period not to exceed seventy-two hours where the
trailer, camper or recreational vehicle is located on
the resident's property.
6. Mobilehomes. Mobilehomes, excluding travel
trailers, are not permitted within the residential
zones of the City, except in a mobilehome park or
as provided by State law.
B. Vehicles Permitted in Nonresidential Zones.
1. Parking must be consistent with allowed uses
in the zone. It is unlawful for any person to place,
keep or maintain or permit to be placed, kept or
maintained, any vehicle upon any lot, place or par-
cel of land within the nonresidential zones of the
City, except for storage, sale or business use as
permitted in such zones.
2. Construction Trailers. Trailers may be used
for temporary offices on construction sites provided
that a permit is obtained from the City Building De-
partment after satisfactory information has been
given that the use is in compliance with the condi-
tions of this chapter.
C. Loading and Unloading and Utility Vehicles.
The provisions of this chapter are inapplicable to
active loading or unloading of any vehicle or to any
public service or utility company vehicles while in
the performance of service or maintenance work.
D. Parking on Vacant Lots. No vehicle may be
parked, kept, or stored upon any vacant or unim-
proved parcel within the City.
E. Other parking regulations shall be as outlined
in Title 11. (Ord. 1650 (part), 1994; Ord. 1601 Exh.
A (part), 1992)
588-67 (Cupertino 2-97)
19.100.010
Chapter 19.100
PARKING REGULATIONS
Sections:
19.100.010 Purpose.
19.100.020 Application of regulations.
19.100.030 Regulations for parking and
keeping vehicles in various
zones.
19.100.040 Regulations for off-street
parking.
19.100.050 Exceptions.
19.100.010 Purpose.
The purpose of this chapter is to regulate the
parking of vehicles which aze unsightly, oversized,
or which are detrimental to property values or the
peace and enjoyment of neighboring property own-
ers or residents and establish regulations pertaining
to the design and number of off-street parking spac-
es for land use activities located in various zoning
districts. (Ord. 1737 (part), 1996: Ord. 1601 Exh. A
(part), 1992)
19.100.020 Application of regulations.
A. No vehicle may be parked, stored or kept on
any pazcel of land within the City of Cupertino
otherwise than in conformance with the provisions
of this chapter.
B. Buildings, structures and land uses are re-
quired to provide off-street parking in conformance
with this chapter. The standazds and regulations
contained in this chapter regulate off-street parking
for conventional zoning districts and aze intended
also as guidelines for development projects located
in planned development (PD) zones and at congre-
gate residences and residential care facilities. (Ord.
1737 (part), 1996: Ord. 1688 3 (part), 1995; Ord.
1601 Exh. A (part), 1992)
19.100.030 Regulations for parking and
keeping vehicles in various zones.
A. Vehicles Permitted in Residential Zones.
1. Front or Street Side Setback Area. Vehicles
are permitted to be placed, kept or pazked in a front
or street side yard setback area (as defined in Chap-
ter 19.08.030 of this title) or within twelve feet of
a public right-of--way in a rear yard area in all resi-
dential zones subject to the following restrictions:
a. A maximum of four vehicles are permitted on
a lot in residential zone requiring a lot size of ten
thousand squaze feet or less, a maximum of six
vehicles are permitted in all other residential zones,
unless a greater number is approved by the City in
conjunction with a development plan. For purposes
of counting vehicles, a camper mounted on a pickup
truck is considered one vehicle and other similazly
vertically stacked components which belong together
shall be counted as a single vehicle. Horizontal
groupings shall be counted as two vehicles;
b. Any open vehicle containing trash or debris
is prohibited;
c. No portion of any vehicle may ovefiang any
public right-of--way;
d. All vehicles must be parked on an impervious
surface consisting of concrete, asphalt or other like
materials. Such impervious surface may not exceed
fifty percent of the front yard setback area, unless
a greater area is approved by the City in conjunction
with a development plan. The impervious surface
must be contiguous and, at a minimum, encompass
the outline of the vehicle;
e. All vehicles must be currently registered,
where registration is required for legal operation and
in good operating condition;
f. Except on lots with circulaz driveways which
conform to the provisions of this code, all vehicles
parked in the front or street side yard setback azea
must be parked perpendicular to the street. On lots
with circulaz driveways which conform to the provi-
sions of this code, all vehicles parked in the front
or street side yard setback azea aze limited to less
than twenty feet in length, unless parked perpendic-
ulaz to the street. Owners of vehicles made noncon-
forming by the adoption of this section shall comply
with this provision within two years of its enact-
ment.
(Cupertino 2-97) 588-68
19.100.030
2. Area Outside of Front or Street Side Setback
Areas. Vehicles are permitted to be placed, kept, or
parked in any yard area, excluding those yazd azeas
regulated by Section 11.29.040 A 1, provided a
three-foot minimum cleazance is maintained to any
structure.
3. Parking Within Structures. Vehicles are permit-
ted to be placed, kept or parked in any legal struc-
ture, provided that no more than one required en-
closed parking space is occupied by a vehicle not
capable of being propelled under its own power.
4. Non-Self-Propelled Vehicles. A maximum of
two vehicles not capable of being propelled under
their own power are permitted to be placed, kept or
parked outside a legal structure on a lot.
5. Living or Sleeping Quarters. No vehicle shall
be used for living or sleeping quarters, except as
permitted below:
a. Vehicles located in a mobilehome park and
used consistent with any City regulations applicable
to mobilehome parks aze permitted;
b. Trailers, campers or recreational vehicles may
be used by a bona fide guest of a City resident for
a period not to exceed seventy-two hours where the
trailer, camper or recreational vehicle is located on
the resident's property.
6. Mobilehomes. Mobilehomes, excluding travel
trailers, are not permitted within the residential
zones of the City, except in a mobilehome park or
as provided by State law.
B. Vehicles Permitted in Nonresidential Zones.
1. Parking must be consistent with allowed uses
in the zone. It is unlawful for any person to place,
keep or maintain or permit to be placed, kept or
maintained, any vehicle upon any lot, place or par-
cel of land within the nonresidential zones of the
City, except for storage, sale or business use as
permitted in such zones.
2. Construction Trailers. Trailers may be used for
temporary offices on construction sites provided that
a permit is obtained from the City Building Depart-
ment after satisfactory information has been given
that the use is in compliance with the conditions of
this chapter.
C. Loading and UNoading and Utility Vehicles.
The provisions of this chapter are inapplicable to
active loading or unloading of any vehicle or to any
public service or utility company vehicles while in
the performance of service or maintenance work.
D. Parking on Vacant Lots. No vehicle may be
parked, kept, or stored upon any vacant or unim-
proved parcel within the City.
E. Other parking regulations shall be as outlined
in Title 11 of the Municipal Code. (Ord. 1737
(part), 1996: Ord. 1650 (part), 1994; Ord. 1601 Exh.
A (part), 1992)
19.100.040 Regulations for off-street parking.
A. Parking Ratio and Dimension. Table
19.100.040-A defines the required number of park-
ing spaces by size and type for specific zoning
districts and use within zoning districts.
B. Aisle Dimensions. Aisle dimension shall be
as required by standazd details adopted by the City
Engineer and shown in Table 19.100.040-B.
C. Loading Areas. Loading areas, track parking
spaces, and parking spaces. for vehicles other than
automobiles shall have ample dimensions for the
particular use and type of operation, and be de-
signed or required by the City Engineer.
D. Planned Development Districts. The pazking
requirement contained in Table 19.100.040-A func-
tions asguidelines for projects in planned develop-
ment zoning districts. Within such districts, the
Planning Commission, or City Council may approve
a development plan which deviates from Table
19.100.040-A requirements if an applicant provides
a parking study which supports said deviation.
E. Mixed-Use Projects. Where more than one of
the activities specified in Table 19.100.040-A is
initiated in a building or on a site not requiring
review by any committee, commission, or the City
Council, the Director of Community Development
shall determine the total parking requirement based
upon the application of pazking requirements for
individual uses as described in Table 19.100.040-A.
F. Shared Parking.
1. For proposed land uses which are less than
or equal to five thousand square feet of commercial;
588-69 (Cupertino 2-97)
19.100.040
ten thousand square feet of office and eight or less
units of residential, a special parking study will not
be required if all of the following maybe demon-
strated:
a. The land use consists of a shopping center,
office or industrial development which is owned or
managed by a single entity;
b. The land uses aze under single management
and in close proximity to each other and are served
by a common parking facility;
c. The proposed shared parking plan may be
approved in conjunction with a conditional use
permit application in a planned development zone
or via an exception for a project which is not locat-
ed in a planned development zone.
d. The parking provided either meets or exceeds
the standazds for shared parking as described in
Table 19.100.040-C.
e. The shared pazking plan is valid only as long
as the mix of uses and their corresponding square
footage (or seats/employees for restaurants) is the
same as originally approved.
2. For all land uses not meeting the criteria set
forth in subsection F1 of this section, the Planning
Commission or City Council may approve a shared
parking plan for a particulaz project whereby a
parking space is utilized to serve two or more indi-
vidual land uses under the following conditions:
a. The land use consists of a shopping center,
office or industrial development which is owned or
managed by a single entity;
b. The land use under single management are in
close proximity to each other and are served by a
common parking facility;
c. The applicant has submitted a detailed park-
ing study which demonstrates that the proposed use
is compatible with the proposed parking supply.
d. The proposed shazed parking plan may be
approved in conjunction with a conditional use
permit application in a planned development zone
or via an exception for a project which is not locat-
ed in a planned development zone.
G. Tandem, Valet and Other Special Pazking
Arrangements. Tandem, valet, and other special
forms of parking may be approved in conjunction
with a conditional use permit in a planned develop-
ment zone or via an exception for a project not in
a planned development zone.
H. Minimum Stall Dimension in Pazking Struc-
ture. The minimum stall dimension for a standard
space located in a parking gazage or other enclosed
parking structure and intended for nonresidential
uses is nine feet by eighteen feet. The minimum
dimensions for a similazly situated compact space
are eight feet by fifteen feet six inches.
I. Handicapped Parking. The handicapped park-
ing requirement embodied in Section 1129 B of the
California Building Code, as amended, is hereby
incorporated into this chapter by reference.
J. Other regulations shall be as outlined in Title
11 of the Municipal Code.
K. Residential Lots Fronting on Public or Private
Streets. If no on-street parking is available, four
functionally independent off-street spaces in addition
to required covered spaces are required.
L. Farm Equipment. For tractors or farm equip-
ment which are regularly parked on-site within two
hundred feet of a public street or road, such pazking
places shall be screened from sight of the street.
M. Large-Family Day Care Home. A minimum
of one parking space per nonresident employee is
required. This parking requirement shall be in addi-
tion to the minimum requirements of the zoning
district. The pazking space may be on-street, in front
of the provider's residence. A minimum of one
parking space shall be available for child drop-off.
The space shall provide direct access to the unit, not
crossing a street.
If the provider is relying on on-street pazking and
the roadway prohibits on-street pazking, a semi-
circulazdriveway may be provided, subject to other
provisions of the Municipal Code.
N. Landscape Requirements. All new centers and
centers with atwenty-five percent or greater in-
crease in floor area or a twenty-five percent or
greater change in floor area resulting from use per-
mit or architectural and site approval within twelve
months shall be required to meet the following
minimum landscape requirements; however, the
(Glipertino 2-97) 5gg-~]~
19.100.040
Planning Commission and/or City Council may
recommend additional landscaping.
1. Each unenclosed parking facility shall provide
a minimum of interior landscaping in accordance
with the following table:
Min. Required
Size of Interior Landscaping
Parking Facility (% of Total Parking
(Sq. Ft.) Facility Area)
Under 14,999 5%
15,000 - 29,999 7.5%
30,000 plus 10%
2. Parking lot trees shall be planted or exist at
a ratio of one tree for every five to ten parking
stalls. Only fifty percent of the trees located along
the perimeter of the parking area may count towards
the required number of trees.
3. When considering the number of trees per
parking stall, the factors such as size of tree and
canopy size shall be considered. A parking facility
incorporating large trees with high canopies may
provide one tree for every ten spaces whereas a
parking facility with small trees would provide one
tree for every five spaces.
4. All trees shall be protected by cuffing or
bollards as appropriate.
5. All landscape shall be continuously main-
tained.
O. Bicycle Pazking. Bicycle pazking shall be
provided in multi-family residential developments
and in commercial districts. In commercial districts,
bicycle parking shall be conveniently located and
adjacent to on-site bicycle circulation pedestrian
routes. The bicycle parking facilities shall be one of
the following three classification types:
1. Class I Facilities. These facilities are intended
for long-term parking and are intended to protect the
entire bicycle or its individual components and
accessories from theft. The facility also protects the
cycle from inclement weather, including wind driven
rain. The three design alternatives for Class I facili-
ties are as follows:
a. Bicycle Locker. A fully enclosed space acces-
sible only by the owner or operator of the bicycle.
Bicycle lockers must be fitted with key locking
mechanisms.
b. Restricted Access. Class III bicycle parking
facilities located within a locked room or locked
enclosure accessible only to the owners and opera-
tors of the bicycle. The maximum capacity of each
restricted room shall be ten bicycles. In multiple
family residential developments, a common locked
garage area with Class II parking facilities shall be
deemed restricted access provided the gazage is
accessible only to the residents of the units for
whom the garage is provided.
c. Enclosed Cages. A fully enclosed chain link
enclosure for individual bicycles, where contents are
visible from the outside, which can be locked by a
user provided lock. This facility may only be used
for multiple family residential uses.
2. Class II Facilities. Intended for short term
parking. A stationary object which the user can lock
the frame and both wheels with a user provided
lock. The facility shall be designed so that the lock
is protected from physical assault. A Class II facility
must accept U-shaped locks and padlocks. Class II
facilities must be within constant visual range of
persons within the adjacent building or located at
street floor level.
3. Class III Facilities. Intended for short-term
parking. A stationary object to which the user may
lock the frame and both wheels with a user provided
cable or chain and lock.
Spacing of the bicycle units shall be figured on
a handlebaz width of three feet, distance from bot-
tom of wheel to top of handlebar of three feet and
six inches and a maximum wheel-to-wheel distance
of six feet.
P. Parking Space Dimension Chart. Parking
space dimensions shall be as shown in the following
table:
5 g 8-71 (Cupertino 2-97)
19.100.040
Table 19.100.040-A
Land Use Zones Parking Ratio Bicycle Bicycle Standard Percent Compact
(Grass Square Feet) Parking Parking Dimensions Compacts Dimensions
Req. Class (8)
Residential
Single-Family R-1/RHS 4/DU (2 garage + 2 10 x 20 ea.
Al open) (1) (2)
Single-Family RIC 2/U + 1.5 space for 10 x 20 ea.
Cluster each bedroom after first (1) (2)
bedroom
Duplex R-2 3/DU (1-1/2 enclosed + 10 x 20 ea. (5)
1-1/2 open) (1) (2)
Apartment R-3 2/DU (1 covered + 1 + 40% of Class I 10 x 20 ea. 33 (5) (7)
open) units (1) (2)
Multiple-Family R-3 2/DU + 40% of Class I 10 x 20 ea. 33 (5) (7)
(high density) units (1) (2)
Public/
Quasi-Public/
Agriculture
Churches, Clubs, BQ/CG 1/4 seats + 1/employee (5) 33 (5)
Lodges, Theaters + 1/special-purpose
vehicle
Schools and BA/BQ 1/employee + 1/56 sq. (5) 33 (5)
School Offices ft. mutlipurpose room +
8 visitor spaces/school
+ 1/3 students at senior
H.S. or college level
Agriculture A 2 gazage + 2 open (1) (5) 33 (5)
Sanitariums and BQ 1/doctor + 1/3 (5) 33 (5)
Rest Homes employees + 1/6 beds
Private FP 1/4 seats + 1/employee (5) 33 (5)
Recreation
Gyms, BA/BQ 1/56 sq. ft. floor azea (5) 33 (5)
Auditoriums, used for seating pur-
Skating Rinks poses + 1/employee
without fined
seats
Commercial
Motels/Hotels/ CG 1/unit + 1/employee (2) +5% of auto Class II (5) (7) 33 (5) (7)
Lodging (3) pazking compact
or 100
unisize
Restaurant/Baz CG 1/3 seats + 1/employee +5% of auto Class II (5) 33 (5)
and Nightclubs + 1/36 sq. ft. of dance parking compact
floor or 100
unisize
Restaurants CG 1/4 seats + 1/employee +5% of auto Class II (5) 33 (5)
without Sepazate + 1/36 sq. ft. of dance pazking compact
Baz floor or 100
unisize
(Cupertino 2-97) 588-72
19.100.040
Table 19.100.(140-A (Continued)
Land Use Zones Parking Ratio Bicycle Bicycle Standard Percent Compact
(Grass Square Feet) Parking Parking Dimensions Compacts Dimensions
Req. Class (8)
Restaurant -Fast CG 1/3 seats + 1/employee +5% of auto Class II 33
Food parking compact
or 100
unisize
Specialty Foods CG 1/3 seats or 1/250 sq. +5% of auto Class II (5) 33 (5)
ft. whichever is more pazking compact
or 100
unisize
Bowling Alleys CG 7/lane + 1/employee +5% of auto Class II (5) 33 (5)
pazking compact
or 100
unisize
General CG 1/250 sq. ft. +5% of auto Class II (5) (7) 33 (5) (7)
Paz~B compact
or 100
unisize
Industrial
Manufacturing ML 1/450 sq. ft. +5% of auto Class I (5) 50 (4) (5)
pazking compact
or 100
unisize
Office/Prototype ML/OA 1/285 sq. ft. +5% of auto Class I (5) 50 (4) (5)
Manufacturing parking com act
P
or 100
unisize
Office
Corporate/ CG/OP 1/285 sq. ft. +5% of auto Class I (5) 33
Administrative pazking compact
or 100
unisize
General Multi- CG 1/285 sq. ft. +5% of auto Class I (5) 33
Tenant pazking compact
or 100
unisize
Medical and CG 1/175 sq. ft. (5) 33
Dental Office ~ compact
or 100
Notes: unisize
1. Enclosed garage. An internal azea encompassing two parking spaces measuring ten feet by twenty feet each and shall provide
unobstructed i.e., by walls, appliances, etc. between six inches from finished floor up to siz feet from finished floor.
2. For ten or fewer dwelling units at least one garage space and one uncovered parking space per dwelling unit. For eleven or greater
dwelling units at least one covered parking space and one uncovered parking space per dwelling units is required.
3. Guest pazking for motels/hotels/lodging shall use a standazd nine feet by eighteen feet stall dimension. Twenty-five percent o:
the required parking for employees and ancillary commercial space may use an eight feet by fifteen feet six inches compact spacf
standazd.
4. At least fifty percent of the floor azea is devoted to manufacturing, assembly and/or wazehousing.
5. Refer to standazd details table for stall dimensions.
6. Refer to standard details table for requirements for handicapped parking.
7. See 19.100.040H for stall dimensions in pazking structures.
8. See 19.100.0400 for description of bicycle pazking classes.
S8f~-72a (Cupertino 2-97;
(5)
(5)
(5)
19.100.040
Table 19.100.40-B
0°
30°
35°
40°
45°
50°
55°
60°
65°
70°
90°
4
4
4
D
Parking Space Dimension Chart
Type of Angle In
Parking Stall Degrees
Standazd
Uni-Size
Stall Width Aisle Width Aisle Width Car Space Module, Module,
1 Way Aisle 2 Way Aisle Depth Wall to Wall, Wall to Wall,
2 Way Aisle 1 Way Aisle
(A) (B) (B) (C) (D) (D)
9.0 10.0 18.0 22.0 N/A N/A
9.0 10.0 18.0 18.0 47.7 39.7
9.0 10.0 18.0 18.0 49.7 41.7
9.0 10.0 18.0 18.0 51.5 43.5
9.0 11.5 18.0 18.0 53.0 46.5
9.0 13.0 18.0 18.0 54.3 49.3
9.0 14.5 18.0 18.0 55.2 51.7
9.0 16.0 19.0 18.0 56.9 53.9
9.0 17.5 20.0 18.0 58.3 55.8
9.0 19.0 21.0 18.0 59.4 57.4
9.0 N/A 25.0 18.0 61.0 N/A
0° 8.5 10.0 18.0 22.0 N/A N/A
30° 8.5 10.0 18.0 18.0 44.5 36.5
35° 8.5 10.0 18.0 18.0 46.2 38.2
40° 8.5 10.0 18.0 18.0 47.7 39.7
45 ° 8.5 10.0 18.0 18.0 48.9 40.9
50° 8.5 10.0 18.0 18.0 49.9 41.9
55° 8.5 11.5 18.5 18.0 51.2 44.2
60° 8.5 13.0 19.0 18.0 52.2 46.2
65° 8.5 14.5 19.5 18.0 53.0 48.0
70° 8.5 16.0 20.0 18.0 53.5 49.5
90° 8.5 N/A 22.0 18.0 53.0 N/A
(CupeRino 2-97) 588-72b
19.100.040
Type of Angle In Stall Width Aisle Width Aisk Width Car Spsce Module, Module,
Parking Stall Degrees 1 Way Aisle 2 Way Aisle Depth Wall to Wall, Wall to Wall,
2 Way Aisle 1 Way Aisle
(A) (B) (B) (C) (D) (D)
0° 8.0 10.0 18.0 19.0 N/A N/A
30° 8.0 10.0 18.0 15.5 43.9 36.5
35° 8.0 10.0 18.0 15.5 43.9 38.2
40° 8.0 10.0 18.0 15.5 45.6 39.7
45° 8.0 10.0 18.5 15.5 47.1 40.9
Compact 50° 8.0 11.0 19.0 15.5 48.9 41.9
55° 8.0 12.5 19.5 15.5 50.5 44.2
60° 8.0 14.0 20.0 I5.5 51.8 46.2
65° 8.0 15.5 20.5 15.5 52.8 48.0
70° 8.0 17.0 21.0 15.5 53.7 49.5
90° 8.0 N/A 23.0 15.5 54.0 N/A
For handicap accessible spaces, please refer to Section 1118A.4 of 1994 Uniform Building Code.
For further information, please refer to the Public Works Department Standard Detail Sheets.
Table 19100.040-C
CALCULATING SHARED PARKINIi FOR MIXED-USE DEVELOPMENTS
WEE KDAY WEE KEND NIGHTIME
Land Use Daytime Evening Daytime Evening
(9 a.m. - 4 p.m.) (6 p.m. -midnight) (9 a.m. - 4 p.m.) (6 p.m. -midnight) (midnight - 6 a.m.)
Official/Industrial 100% 10% 10% 5% 5%
Retail 60 90 100 70 5
Hotel 75 100 75 100 75
Restaurant 100 100 100 100 10
Entertainment/ 40 100 80 100 10
Recreational
Instructions:
1. Determine the minimum amount of pazking required for each land use as though it were a separate use;
2. Multiply each amount by the corresponding percentage for each of the five time periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the pazking spact: requirement.
(Ord. 1737 (part), 1996: Ord. 1657 (part), 1994; 0171. 1637 (part), 1993; Ord. 1601 Exh. A (part), 1992)
19.100.050 Exceptions.
After a public hearing, the Planning Commission
may grant a parking exception for a project not
located in a planned development zoning district
upon making the following findings:
A. There are extraordinary conditions not gener-
ally applicable to similar uses which justify the
exception (i.e., unusually high percentage of the lot
area is landscaped);
B. The exception departs from the requirements
of this chapter to the minimum degree necessary to
allow the project to proceed;
C. The exception will not adversely affect neigh-
boring properties by causing unreasonable numbers
of vehicles to park on the neighboring properties or
upon public streets. The decision of the Planning
Commission to grant or deny such an exception may
be appealed to the City Council pursuant to the
procedures described in Chapter 19.132. (Ord. 1737
(part), 1996)
5gi3-72C (Cupertino 2-97)
19.108.010
Chapter 19.108
WIRELESS COMMUNICATIONS
FACILITIES
Sections:
19.108.010 Purpose.
19.108.020 Applicability of regulations.
19.108.030 Definitions.
19.108.040 Site locations.
19.108.050 General site development
regulations.
19.108.060 Specinc site development
regulations.
19.108.070 Design and siting review.
19.108.080 Application requirements.
19.108.090 Permitting.
19.108.100 Exceptions.
19.108.010 Purpose.
The purpose of this chapter is to establish a com-
prehensive set of regulations pertaining to the loca-
tion, siting, development, design and permitting of
wireless communications facilities for all zones
existing in this city in order to:
A. Facilitate the development of a wireless com-
munications infrastructure in the City for commer-
cial, public and emergency uses, and
B. Protect the health, safety, welfare and aesthet-
ic concerns of the public. (Ord. 1736 (part), 1996:
Ord. 1601 Exh. A (part), 1992)
19.108.020 Applicability of regulations.
This chapter shall apply to all types of aerials and
associated facilities used for wireless communica-
tions, that is, the transmitting and/or receiving of
voice, data, video images and other information
through the air via signals in the radio and micro-
wave frequency band. This includes aerials for ama-
teur radio, television, wireless modems, cellular
phones, enhanced specialized mobile radio (ESMR),
personal communications services (PCS), paging
systems, satellite communications and other wireless
communication technologies utilizing signals in the
radio and microwave frequency band. No wireless
communication facility: antennas, masts, towers and
associated equipment shall be hereafter erected,
structurally altered or enlazged other than in confor-
mance with the provisions of this chapter and other
applicable provisions of this title. (Ord. 1736 (part),
1996: Ord. 1601 Exh. A (part), 1992)
19.108.030 Definitions.
As used in this chapter, the following terms are
defined in this section:
A. "Aerial" means a stationary transmitting and/
or receiving wireless communication device consist-
ing of one or any combination of the elements listed
below:
1. "Antenna" means a horizontal or vertical ele-
ment or array, panel or dish that may be attached to
a mast or a tower for the purpose of transmitting or
receiving radio or microwave frequency signals.
2. "Mast" means a vertical element consisting
of a tube or rod which supports an antenna.
3. "Tower" means a vertical framework of cross
elements which supports either an antenna, mast or
both.
4. "Guy wires" means wires necessary to insure
the safety and stability of an antenna, mast or both.
B. "Collocation" means the placement of aerials
and other facilities belonging to two or more com-
munication service providers on a single mast or
building. (Ord. 1736 (part), 1996: Ord. 1601 Exh.
A (part), 1992)
19.108.040 Site locations.
A. Residential and Home Occupation Aerials.
1. Aerials intended for residential and home
occupation use may be allowed on all residentially
zoned and used properties.
B. Commercial, Office, Industrial, Public Utility
Aerials.
1. Aerials intended for commercial, office, in-
dustrial and public use are prohibited on residential-
lyzoned and used properties, historically designated
properties and districts, OS-zoned properties and
PR-zoned properties.
2. Such aerials may be allowed on commercial,
office and/or industrial zoned properties pursuant to
588-75 (Cupertino 2-97)
19.108.040
permitting procedures established under Section
19.108.090.
3. Such aerials may be allowed on properties
zoned BA or BQ with a use permit.
4. The City may consider allowing aerials on
City utility poles. (Ord. 1736 (part), 1996)
19.108.050 General site development
regulations.
A. Aerials.
1. The height of receiving aerials, shall not
exceed forty-nine feet above ground level, unless
otherwise provided in accordance with Section
19.108.060.
2. Transmitting or transmitting and receiving
aerials shall not exceed a height of fifty-five feet
above ground level, unless otherwise provided in
accordance with Section 19.108.060.
3. An aerial based on the ground and exceeding
a height of thirty-four feet and an aerial based on a
building and extending more than twenty-four feet
above its space shall require a building permit. The
building permit requirements shall include adequate
details of the location support device including
footing, guy wires and braces to the satisfaction of
the Community Development Director.
4. The section of masts and towers more than
thirty feet above the ground shall have across-sec-
tion that can be fitted within a squaze with a side of
twelve inches, unless an exception is granted by the
Planning Commission.
B. Antenna.
1. An antenna consisting of a single vertical
element not more than four inches in diameter in
lieu of a horizontal arrangement shall be excepted
from the height restriction.
2. Antennas and/or guy wires shall not overlap
adjoining properties and shall not encroach upon an
easement without the written consent of the owner
of the easement which shall be attached to the appli-
cation for a building permit.
C. Masts and Towers.
1. Concentration of Towers and Masts. The
number of towers, and detached masts exceeding
eight inches in diameter at the base and thirty feet
in height above ground level, allowed per lot shall
be as followed:
Maximum Number of Towers
Lot Size and Detached Masts
Less than 30,000 One.
square feet
30,000 square feet Two. Additional towers, and detached
or more masts, above two, not meeting the
criteria stated in Section 19.108.OSO.C.
1. require use permit approval by the
Planning Commission.
2. Wood towers shall not be erected.
3. Masts and towers must be located at least ten
feet to the rear of the front building setback line and
shall not be closer than six feet to any property
boundary.
4. All commercial, office, industrial, and public
utility aerial mast and tower approvals shall be
conditioned to allow the collocation of aerials and
related facilities of other commercial, office, indus-
trial, and public utility users where appropriate and
feasible.
D. Associated Facilities.
1. Back up power generators shall comply with
the setbacks of the zoning district and the City's
noise standazds provided in Chapter 10.48 of the
Municipal Code. (Ord. 1736 (part), 1996)
19.108.060 Specific site development
regulations.
A. Residential and Home Occupation Aerials.
1. Aerials with panel or dish antennas of more
than ten squaze feet shall comply with the setbacks
and height limits for accessory structures.
B. Commercial, Office, Industrial, Public Utility
Aerials.
1. Aerials mounted on buildings that exceed the
aerial height limits stated in Section 19.108.050 may
extend six feet above the building parapet wall. An
additional one foot of height is allowed for every
ten feet that the aerial is setback from the parapet,
to a maximum height of ten feet above the building
parapet, before a height exception is required.
(Cupertino 2-97) 588-76
19.108.060
2. Detached masts and towers shall be located
no closer to a residentially zoned property than fifty
feet or a distance equal to one foot for every one
foot of structure height, whichever is greater. Build-
ing mounted aerials should be located a minimum
of fifty feet horizontally from any residentially
zoned property. (Ord. 1736 (part), 1996)
19.108.070 Design and siting review.
For aerials requiring discretionary review, the
Director of Community Development or the Plan-
ning Commission shall review the design and siting
of the aerial. The primary objective is to blend the
design of the aerial into the surrounding environ-
ment, or site the aerial in such a manner to mini-
mize the visual intrusiveness of the structure. This
review may include, but not be limited to, the fol-
lowing criteria:
A. The weighing of the design and site advan-
tages and disadvantages of awall-mounted aerial
versus aroof-mounted aerial versus a freestanding
aerial;
B. The use of colors, materials and textures to
integrate the aerial into the surrounding environment
or building;
C. The use of landscaping to screen the aerial;
D. The proximity and visibility of the aerial to
residential properties and public right-of--ways;
E. The dispersal of aerial locations to avoid
visual clutter,
F. The concentration of aerial locations to avoid
visual clutter,
G. Opportunities for collocation of aerials on
existing masts and towers where visual intrusiveness
is reduced;
H. The design of the building which houses the
related equipment and its compatibility with the
adjoining building architecture;
I. The balancing of aesthetic concerns with the
need to provide a functional communications sys-
tem. (Ord. 1736 (part), 1996)
19.108.080 Application requirements.
In addition to the standard application require-
ments, the applicant may be required to provide the
following materials:
A. If more than one aerial is planned in the City
within a yeaz by a single communication service
provider, a master plan shall be prepared of all
facilities that can be reasonably foreseen, showing
the proposed aerial sites and existing commercial,
office, industrial and public utility aerial locations
within a one mile radius of the proposed sites. The
purpose of this requirement is to identify opportuni-
ties for clustering, dispersal and collocation of aeri-
als to reduce visual intrusiveness;
B. Erection of a mock aerial, computer simula-
tion or sight-line elevations for all aerials to help
assess the visual effects;
C. Documentation that the technology and usage
of that technology meets Federal Communications
Commission adopted safety standards. (Ord. 1736
(part), 1996)
19.108.090 Permitting.
A. For all zoning districts, aerials that exceed
maximum height limits require a height exception
except as otherwise provided in Section 19.108.060.
B. For zoning districts that require design re-
view, permitting procedures shall be as follows:
1. For aerials that are minimally visible to resi-
dential properties and public rights-of--way, the
Director of Community Development shall process
such applications in accordance with Chapter
19.132, "Administrative Approval of Minor Changes
in Projects."
2. For building-mounted aerials that aze moder-
ately visible to residential properties and public
rights-of--way, the Director of Community Develop-
ment, in his discretion, may refer an application to
the Planning Commission for azchitectural/site re-
view and recommendation in accordance with Chap-
ter 19.132, "Administrative Approval of Minor
Changes in Projects."
3. For detached aerials that are moderately to
highly visible to residential properties and public
588-76a (Cupertino 2-97)
19.108.090
rights-of--way, a use permit approved by the Plan-
ning Commission is required.
4. Abandonment. All City approvals for new
aerials and modifications of existing aerial approvals
shall be conditioned to require the removal of the
aerial and its associated facilities if the aerial is not
used for its permitted purpose for a period of eigh-
teen months. The property owner or applicant shall
bear the entire cost of demolition. (Ord. 1736 (part),
1996)
19.108.100 Exceptions.
A. Exceptions may be granted by the Planning
Commission for tower and mast cross section widths
and aerial heights exceeding the maximum limits
where practical difficulties, unnecessary hardships,
or results inconsistent with the purpose and intent
of this chapter result from strict application of the
chapter provisions.
B. A request for exception must be submitted on
a form as prescribed by the Director of Community
Development. The application shall be accompanied
by a fee prescribed by City Council resolution.
Upon receipt of an exception application, a time and
place for a public hearing before the Planning Com-
mission shall be set. A Notice of Public Hearing for
an exception under this chapter shall be given in the
same manner as provided in Section 19.120.060.
The Planning Commission shall hold a public hear-
ing at which time the Planning Commission may
grant the exception based upon all of the following
fmdings:
1. That the literal enforcement of the provisions
of this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter;
2. That granting of an exception will not result
in a condition that will be detrimental or injurious
to property or improvements in the vicinity and will
not be materially detrimental to the public health,
safety or welfare;
3. That the exception to be granted will not
result in a hazardous condition for pedestrian and
vehicular traffic.
C. After closing the public hearing, the Planning
Commission may approve, conditionally approve or
deny the application for exception The Com-
mission's decision on the exception request may be
appealed to the City Council as provided for in
Section 19.136.060. (Ord. 1736 (part), 1996)
(Cl~pertino 2-97) 588-76b
19.112.010
Chapter 19.112
NONCONFORMING USES AND
NONCONFORMING FACILITIES
Sections:
19.112.010 General application.
19.112.020 Nonconforming uses-
Expansion.
19.112.030 Nonconforming uses-Change.
19.112.040 Nonconforming uses-
Maintenance and repair of
facility.
19.112.050 Nonconforming uses-
Replacement of facility.
19.112.060 Noncomplying facility-
Enlargement.
19.112.070 Noncomplying facility-
Maintenance and repairs.
19.112.080 Noncomplying facilities-
Replacement.
19.112.090 Determination of value.
19.112.100 Record of nonconforming uses
and noncomplying facilities.
19.112.110 Proceedings.
19.112.120 Appeal.
19.112.010 General application.
A. Nonconforming Uses.
1. Any nonconforming use, as defined in Sec-
tion 19.08.030 of this title, may be continued indefi-
nitely, but if such use is discontinued or abandoned
for a period of six months or more, it shall thereaf-
ter conform to the provisions of this title.
2. Any nonconforming use may be changed,
altered, or maintained oNy as provided in this chap-
ter or as otherwise provided by law.
B. Noncomplying Facilities.
1. Any noncomplying facility, as defined in Sec-
tion 19.08.050 may be maintained indefinitely sub-
ject, however, to the requirements of Title 16 relat-
ing to unsafe, dilapidated and abandoned buildings,
facilities containing toxic materials, unreinforced
masonry buildings, and other provisions of that title
which are intended to protect the health and safety
of the public. Notwithstanding the above, a noncom-
plying facility may not be maintained as either a
public or private nuisance.
2. Any noncomplying facility may be eNazged,
maintained, or replaced only as provided in this
chapter or as otherwise provided by law. (Ord. 1601
Exh. A (part), 1992)
19.112.020 Nonconforming uses-Expansion.
A. A nonconforming use may not be expanded
in such a way as to increase the site area, or gross
floor azea occupied by such use on a site, nor may
a nonconforming use increase the number of struc-
tures or the size or height of any structure housing
such use. A nonconforming use which occupies a
portion of a building may not be expanded to in-
clude additional floor area. (Ord. 1601 Exh. A
(part), 1992)
19.112.030 Nonconforming uses-Change.
A. Except as provided in subsection B of this
section, a nonconforming use shall not be changed
to any use except to a conforming use.
B. A nonconforming use may be changed to
any other nonconforming use which would have
been permitted under the most recent zoning classi-
fication of the property under which the existing
nonconforming use was a conforming use subject to
the following limitations:
1. The change shall not increase the site azea or
gross floor area occupied by the existing noncon-
forminguse nor increase number of structures or the
size or height of any structure housing such use;
2. Any period of temporary vacancy or discon-
tinuance associated with such change shall not ex-
ceed six months;
3. Such change shall be permitted only if the
Director determines that the building, or portion
thereof, presently occupied by the nonconforming
use is not readily usable as a conforming use. In
making this determination, the Director may take
into account the time factors described in Section
19.112.010 A1;
4. Such change shall not create, cause, or sig-
nificantly increase adverse privacy, noise, pazking,
583-76c (Cupertino 2-97)
ORDINANCE LIST
1733 Mobile vendor permits (5.48)
1734 Rezone (Special)
1735 Rezone (Special)
1736 Amends Ch. 19.108 entirely, wireless
communications facilities (19.108)
1737 Amends Ch. 19.100 entirely, parking
regulations (19.100)
1738 Rezone (Special)
1739 Amends § 11.08.260, bicycles (11.08)
1740 Amends § 11.08.250, bicycles (11.08)
1741 Amends § 11.24.150, parking (11.24)
1742 Adds new § 16.04.080, residential roof-
ing and renumbers §§ 16.04.080-
16.04.160 to be 16.04.090-16.04.170,
building code provisions (16.04)
1743 Amends § 11.24.150, parking (11.24)
1744 Not enacted
1745 Amends § 11.08.250, bicycle lanes
(11.08)
1746 Rezone (Special)
1747 (Pending)
1748 Rezone (Special)
6 1~4- 1 1 (Cupertino 2-97)
BUII,DING
Electrical Code
See ELECTRICAL CODE
Excavation, foundations, retaining walls
See EXCAVATION, GRADING, RETAINING
WALLS
Fence
See FENCE
Heating, cooling
See MECHANICAL CODE
Inspector
bingo permit applicant investigation 5.32.220
building moving permit issuance 16.36.050
Moving
contiguous land 16.36.080
definitions 16.36.010
metal tires prohibited 16.36.090
notice required 16.36.040
permit
application 16.36.030
bond 16.36.060
conditions 16.36.070
issuance, hearing 16.36.040
required 16.36.020
roller restrictions 16.36.100
truck requirements 16.36.110
supervisor, duties 16.36.120
violation, penalty 16.36.130
Official
right of entry 16.16.040
seismic safety
alternate methods, materials approval
16.60.010
compliance order issuance, enforcement
16.60.080
swimming pool code
administration 16.32.030
enforcement 16.32.060
Plumbing code
See PLUMBING CODE
Preliminary soils report
appeals 16.12.070
approval 16.12.050
building permit conditions 16.12.060
contents 16.12.030
preparation 16.12.040
purpose 16.12.010
required 16.12.020
Retaining wall
See EXCAVATION, GRADING, RETAINING
WALLS
San Jose-Cupertino reorganized territory
compensation prohibited 16.48.010
Cupertino official
authority 16.48.070
effect of provisions 16.48.080
reciprocity 16.48.090
definitions 16.48.010
San Jose official
authority 16.48.040
effect of provisions 16.48.050
reciprocity 16.48.060
Soils report
See Preliminary soils report
Swimming pool
See SWIMMING POOL
BUII..DING CODE
Address mazking, site numbering 16.04.050
Adopted 16.04.010
Amendments
Section 105 16.04.020
Section 108.7 16.04.030
Section 310.7 16.04.070
Section 1504 16.04.080
Section 1806.1 16.04.090
Section 1924 16.04.100
Section 2326.11.3 16.04.110
Section 3403.2 16.04.120
Bracing 16.04.110
Ceiling, suspended 16.04.120
Enforcement of provisions 16.04.020
Fees
energy permit 16.04.140
inspection 16.04.130
Foundations, reinforcement 16.04.090
Hearing 16.04.150
Inspection
fees
See Fees
generally 16.04.030
b 19 (Cupertino 2-97)
BUILDING CODE
Residential roofing 16.04.080
Seismic safety 16.04.040
Single-room occupancies 16.04.070
Slab thickness 16.04.100
Spark arresters 16.04.060
Violation, penalty 16.04.160
BUILDING MATERIAL YARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
BUSINESS LICENSE
Adjustments, interstate commerce 5.04.100
Appeal 5.04.480
City council powers, duties 5.04.060
Collector powers, duties 5.04.070
Deemed debt to city 5.04.240
Definitions 5.04.030
Duplicate 5.04.170
Effect of provisions 5.04.490
Evidence of doing business 5.04.090
Exemption
application 5.04.120
generally 5.04.110
Imposed 5.04.280
Interest, penalties 5.04.250
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210
Overpayment refund 5.04.230
Payment due when 5.04.200
Posting, display required 5.04.140
Purpose of provisions 5.04.020
Reclassification 5.04.470
Renewal 5.04.160
Required 5.04.080
Revocation 5.04.120
Separate businesses, same location, separate licenses
required 5.04.130
Statements
deemed not conclusive, confidentiality 5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions 5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
-C-
CABLE TELEVISION ADVISORY CONIIvIITTEE
See TELECOMMUNICATIONS COMMISSION
CABLE TELEVISION FRANCHISE
Conflicting provisions 6.28.160
Customer service standards 6.28.090
Defmitions 6.28.010
Design, construction 6.28.080
Discrimination 6.28.110
Duration 6.28.030
Enforcement
nonenforcement 6.28.120
remedies reserved 6.28.100
Failure to perform 6.28.140
Fees 6.28.050
Finances, funds, bonds 6.28.060
Granting, generally 6.28.020
Insurance, indemnification 6.28.070
Notices 6.28.130
Rights reserved by city 6.28.040
CAFETERIA
See RESTAURANT
CALIFORNIA WATER SERVICE
See FRANCHISE
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Advisory committee
See TELECOMMUNICATIONS COMMISSION
Arbitration 6.28.260
Bond 6.28.150
(Cupertino 2-97) 620
ZONING
Botanical conservatory Child day care facility
A-1 zone 19.20.030 BQ zone 19.64.050
A zone 19.16.030 GC zone 19.56.040
Bowling R-3 zone 19.36.040
FP zone 19.72.040 Civic organization
BQ zone BQ zone 19.64.050
applicability of provisions 19.64.020 Club
conditional uses 19.64.050 BQ zone 19.64.050
designated 19.12.010 GC zone 19.56.030, 19.56.040
development plan required 19.64.070 Coal sales
permitted uses 19.64.040 ML zone 19.60.030
purpose 19.64.010 Columbarium
site development regulations 19.64.090 A-1 zone 19.20.040
Building materials sales A zone 19.16.040
ML zone 19.60.030 Communication structures
Bus station, terminal A-1 zone 19.20.040
T zone 19.64.060 A zone 19.16.040
Business office Compliance with provisions required
GC zone 19.56.030 19.04.030
Business service Conditional use permit, variance
GC zone 19.56.030 action 19.124.060
Cabinet shop application
ML zone 19.60.030 concurrent 19.124.130
Carpenter shop generally 19.124.020
ML zone 19.60.030 authority 19.124.010
Caterer reports 19.124.120
ML. zone 19.60.040 conditions, findings of fact 19.124.080
Cattle farm decision 19.124.050
A zone 19.16.050 effective date 19.124.090
Cemetery hearing, notice 19.124.040
A-1 zone 19.20.040 reports 19.124.110
A zone 19.16.040 revocation, extension 19.124.100
C-G zone Conditional uses
applicability of provisions 19.56.020 A-1 zone 19.20.030
azchitectural, site review 19.56.070 A zone 19.16.040
conditional uses 19.56.040 BQ zone 19.64.050
designated 19.12.010 expansion 19.124.110
permitted uses 19.56.030 FP zone 19.72.040
prohibited uses 19.56.050 GC zone 19.56.040
purpose 19.56.010 ML zone 19.60.040
site development regulations 19.56.060 OA zone 19.76.040
Changes OS zone 19.24.040
action 19.120.100 R-1 zone 19.28.040
procedure 19.120.080 R-2 zone 19.32.040
review 19.120.090
667 (Cupertino 2-97)
ZONING
R-3 zone 19.36.040
RHS zone 19.40.040
RIC zone 19.44.050
Conflict of provisions 19.04.040
Congregate residence
A-1 zone 19.20.030, 19.20.040
A zone 19.16.030, 19.16.040
BQ zone 19.64.050
R-1 zone 19.28.030, 19.28.040
R-2 zone 19.32.030, 19.32.040
R-3 zone 19.36.030, 19.36.040
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040, 19.44.050
Convenience store
GC zone 19.56.040
Conversion, apartment to community housing
applicability of provisions 19.88.020
application
procedures 19.88.060
requirements 19.88.050
parking 19.88.040
purpose 19.88.010
regulations generally 19.88.030
Crematory
A-1 zone 19.20.040
A zone 19.16.040
Crops
A-1 zone 19.20.030
A zone 19.16.030
RHS zone 19.40.040
Dairy processing
A-1 zone 19.20.040
A zone 19.16.030
Dancehall
FP zone 19.72.040
Dance instruction
FP zone 19.72.040
Day care home, large family
A-1 zone 19.20.030, 19.20.040
BQ zone 19.64.050
R-1 zone 19.28.030, 19.28.040
R-2 zone 19.32.030, 19.32.040
R-3 zone 19.36.040
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.050
Day care home, small family
A zone 19.16.030
R-1 zone 19.28.040
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
RIC zone 19.44.040
Day nursery
GC zone 19.56.040
Defmitions
applicability, purpose of provisions
19.08.010
construction of provisions 19.08.020
designated 19.08.030
Delivery service
ML zone 19.60.030
Density bonus
applicability of provisions 19.52.030
application 19.52.070
concessions 19.52.040
definitions 19.52.020
purpose 19.52.010
requirements
affordable housing units 19.52.060
generally 19.52.050
Development agreement
application
fees 19.116.060
form, contents 19.116.050
qualification required 19.116.070
review 19.116.090
authority of provisions 19.116.030
cancellation
city 19.116.280
mutual consent 19.116.260
rights 19.116.290
certificate of compliance
appeal 19.116.250
issuance 19.116.230
construction of provisions 19.116.330
contents 19.116.100
definitions 19.116.040
effect 19.116.320
(Cupertino 2-97) 668
ZONING
Map
areas not shown 19.12.040
district boundaries 19.12.030
use, interpretation 19.12.050
Martial arts
FP zone 19.72.040
Mausoleum
A-1 zone 19.20.040
A zone 19.16.040
Messenger service
ML zone 19.60.030
Mine
A-1 zone 19.20.040
A zone 19.16.040
Minor change
applicability of provisions 19.132.030
application diversion to administrative approval
approval 19.132.060
generally 19.132.040
time period suspension 19.132.050
defined 19.132.020
purpose of provisions 19.132.010
reports 19.132.070
M-L zone
applicability of provisions 19.60.020
conditional uses 19.60.040
designated 19.12.010
emission restrictions 19.60.060
parking, loading 19.60.080
permitted uses 19.60.030
prohibited uses 19.60.050
purpose 19.60.010
site development regulations 19.60.070
Mortuary
GC zone 19.56.040
Motel
GC zone 19.56.040
Motion picture studio
ML zone 19.60.030
Multiple-family residential dwelling
R-3 zone 19.36.030
Multiple-family zone
See R-3 zone
Museum
FP zone 19.72.040
Noncomplying facility
See also Nonconforming use
appeal 19.112.120
applicability of provisions 19.112.010
enlargement prohibited 19.112.060
maintenance, repair 19.112.070
proceedings 19.112.110
record 19.112.100
replacement 19.112.080
value determination 19.112.090
Nonconforming use
See also Noncomplying facility
appeal 19.112.120
applicability of provisions 19.112.010
change to other than conforming use prohibited
19.112.030
expansion prohibited 19.112.020
maintenance, repair 19.112.040
proceedings 19.112.110
record 19.112.100
replacement 19.112.050
value determination 19.112.090
Nuisance 19.04.050
Nursery
A-1 zone 19.20.040
A zone 19.16.030
ML zone 19.60.030
O-A zone
applicability of provisions 19.76.020
architectural, site review 19.76.070
conditional uses 19.76.040
designated 19.12.010
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.050
Off-street parking
See also Parking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
purpose of provisions 19.100.010
regulations 19.100.040
Open space zone
See OS zone
671 (Cupectno 2-97)
ZONING
Orchard
A-1 zone 19.20.030
A zone 19.16.030
OS zone
applicability of provisions 19.24.020
conditional uses 19.24.040
permitted uses 19.24.030
purpose 19.24.010
Outdoor activity center
FP zone 19.72.040
Packing, crating establishment
NII, zone 19.60.030
Park
PR zone 19.68.030
Park and recreation zone
See PR zone
Parking
See also Off-street parking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
nonresidential zones regulations 19.100.030
purpose of provisions 19.100.010
regulations generally 19.100.040
residential zones regulations 19.100.030
shared parking regulations 19.100.040
Parking, parking garage
CG zone 19.56.040
ML zone 19.60.030
PD zone
applicability of provisions 19.48.020
approval action
city council 19.48.060
planning commission 19.48.050
conceptual development plan required
19.48.040
conditional use pern~it
approval action, city council 19.48.090
approval action, planning commission
19.48.080
required 19.48.070
development plan modification 19.48.110
establishment, permitted, conditional uses
19.48.030
purpose 19.48.010
Permitted uses
A-1 zone 19.20.030
A zone 19.16.030
BA zone 19.64.030
BQ zone 19.64.040
CG zone 19.56.030
ML zone 19.60.030
OA zone 19.76.030
OS zone 19.24.030
PR zone 19.68.030
R-1 zone 19.28.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
RIC zone 19.44.040
T zone 19.64.060
Personal services
CG zone 19.56.030
Pets
R-2 zone 19.32.030
R-3 zone 19.36.030
Pet shop
CG zone 19.56.040
Photography studio
CG zone 19.56.030
Picnic area
BQ zone 19.64.050
FP zone 19.72.040
Planned development zone
See PD zone
Playground
CG zone 19.56.040
PR zone 19.68.030
OS zone 19.24.040
Pond
OS zone 19.24.040
Pool
OS zone 19.24.040
Poultry raising, hatchery
A-1 zone 19.20.040
A zone 19.16.030
Prezoning 19.120.110
Private recreation zone
See FP zone
Processing
ML zone 19.60.030
(Cupertino 2-97) 672
ZONING
Professional office
CG zone 19.56.030
OA zone 19.76.030
Prohibited uses
A-1 zone 19.20.030
A zone 19.16.050
FP zone 19.72.070
CG zone 19.56.050
ML zone 19.60.050
PR zone
applicability of provisions
designated 19.12.010
park master plan required
perritted uses 19.68.030
purpose 19.68.010
Public building zone
See BA zone
19.68.020
19.68.040
Purpose of provisions 19.04.010
Quarry
A-1 zone 19.20.040
A zone 19.16.040
Quasipublic building zone
See BQ zone
R-1 zone
applicability of provisions 19.28.020
conditional uses 19.28.040
designated 19.12.010
interpretation of provisions 19.28.090
lot 19.28.060
permitted uses 19.28.030
purpose 19.28.010
site development regulations 19.28.050
solar design 19.28.080
yard 19.28.070
R-2 zone
applicability of provisions 19.32.020
building coverage, setbacks 19.32.070
conditional uses 19.32.040
designated 19.12.010
height 19.32.050
lot 19.32.060
permitted uses 19.32.030
purpose 19.32.010
yard 19.32.080
R-3 zone
applicability of provisions 19.36.010
conceptual development plan required
19.36.050
conditional uses 19.36.040
designated 19.12.010
parking 19.36.070
permitted uses 19.36.030
purpose 19.36.010
site development regulations 19.36.060
Racquet club
FP zone 19.72.040
Radioactive material manufacture
ML zone 19.60.040
Radio aerial
See Wireless communications facilities
Radio station
ML zone 19.60.030
Radio tower
A-1 zone 19.20.040
A zone 19.16.040
Railroad
T zone 19.64.060
Ranch
A-1 zone 19.20.040
A zone 19.16.040
Real estate agency
CG zone 19.56.030
Recreation
OS zone 19.2.4.030
PR zone 19.68.030
RHS zone 19.40.040
Recycling area
applicability of provisions 19.81.030
definitions 19.81.020
maintenance, collection 19.81.050
purpose of provisions 19.81.010
site development requirements 19.81.040
violation, penalty 19.81.060
Recycling center
administration of provisions 19.82.070
compliance required, violation, penalty
19.82.020
definitions 19.82.030
673 (Cupertino 2-97)
ZONING
permit
multiple sites 19.82.050
required 19.82.040
purpose of provisions 19.82.010
standards 19.82.060
Religious organization
BQ zone 19.64.050
Repair services
CG zone 19.56.030
ML, zone 19.60.030
Research and development
ML zone 19.60.030
Research facility
OA zone 19.76.040
Residential care facility
A-1 zone 19.20.030, 19.20.040
A zone 19.16.030, 19.16.040
BQ zone 19.64.050
R-1 zone 19.28.030,19.28.040
R-2 zone 19.32.030, 19.32.040
R-3 zone 19.36.030, 19.36.040
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040, 19.44.050
Residential duplex zone
See R-2 zone
Residential hillside zone
See RHS zone
Residential single-family cluster zone
See RIC zone
Restaurant
CG zone 19.56.030
Retail store
CG zone 19.56.030
RHS zone
applicability of provisions 19.40.020, 19.40.145
building restrictions 19.40.060
conditional uses 19.40.040
designated 19.12.010
design standards 19.40.070
driveways, private roads 19.40.110
fencing 19.40.080
geologic, soil reports 19.40.100
interpretation of provisions 19.40.130
permitted uses 19.40.030
purpose 19.40.010
site development regulations
designated 19.40.050
exceptions, conditions, procedure 19.40.140
solar design 19.40.120
yard 19.40.090
RIC zone
applicability of provisions 19.44.020
characteristics 19.44.030
conditional uses 19.44.050
designated 19.12.010
development plan
modifications 19.44.080
standards 19.44.070
permitted uses 19.44.040
purpose 19.44.010
waste development regulations 19.44.060
School
BQ zone 19.64.050
CG zone 19.56.040
Second dwelling unit
A-1 zone 19.84.020
applicability of provisions 19.84.020
architectural review 19.84.060
A zone 19.84.020
non-conforming, illegal second dwelling
units 19.84.070
occupancy 19.84.050
parking 19.84.040
purpose 19.84.010
R-1 zone 19.28.040, 19.84.020
RHS zone 19.40.030
RHS zone 19.40.040, 19.84.020
site development regulations 19.84.030
Shed
A zone 19.16.030
Single-family dwelling unit
A-1 zone 19.20.030
A zone 19.16.030
PR zone 19.68.030
R-1 zone 19.28.030
RHS zone 19.40.030
RIC zone 19.44.040
Single-family residential zone
See R-1 zone
(cwpe,tino 2-97) 674
ZONING
Site development regulations ML zone 19.60.040
accessory buildings, structures 19.80.030 Telegraph office
A-1 zone 19.20.030 ML zone 19.60.030
A zone 19.16.050 Television aerial
BA zone 19.64.090 See Wireless communications facilities
BQ zone 19.64.090 Television station
CG zone 19.56.060 ML zone 19.60.030
ML zone 19.60.070 Television tower
OA zone 19.76.050 A-1 zone 19.20.040
R-1 zone 19.28.050 A zone 19.16.040
R-3 zone 19.36.060 Temporary buildings
RHS zone 19.40.050 R-3 zone 19.36.030
radio aerial Temporary uses
See Wireless communications facilities conditional use permit
RIC zone 19.44.060 appeal 19.128.040
second dwelling unit 19.84.030 findings, required 19.128.030
television aerial granting 19.128.010
See Wireless communications facilities issuance conditions 19.128.020
T zone 19.64.090 GC zone 19.56.040
Skating rink R-2 zone 19.32.040
FP zone 19.72.040 R-3 zone 19.36.040
Slaughterhouse RHS zone 19.40.040
A zone 19.16.050 Theatre
Solar design FP zone 19.72.040
A-1 zone 19.20.030 GC zone 19.56.040
A zone 19.16.080 Transformer station
R-1 zone 19.28.080 A-1 zone 19.20.040
RHS zone 19.40.100 A zone 19.16.040
Sports training center Transmission lines
FP zone 19.72.040 A-1 zone 19.20.040
Stables A zone 19.16.040
A-1 zone 19.20.030, 19.20.040 Transportation zone
A zone 19.16.030 See T zone
OS zone 19.24.040 Travel agency
Stenographic service GC zone 19.56.030
ML zone 19.60.030 Tree farm
Stone cutting, monument manufacture A-1 zone 19.20.030
ML zone 19.60.040 A zone 19.16.030
Storage facility RHS zone 19.40.040
ML zone 19.60.030 Two-family use, one ownership
Stream R-2 zone 19.32.030
OS zone 19.24.040 T zone
Swimming facilities applicability of provisions 19.64.020
BQ zone 19.64.050 designated 19.12.010
FP zone 19.72.040 development plan required 19.64.070
675 (Cupertino 2-97)
ZONING
permitted uses 19.64.060
purpose 19.64.010
site development regulations 19.64.090
Utility company
BQ zone 19.64.050
Utility facility
ML, zone 19.60.030
Utility structure
A-1 zone 19.20.040
A zone 19.16.040
Variance
See Conditional use permit, variance
Vegetation maintenance
OS zone 19.24.030
Video game
FP zone 19.72.040
GC zone 19.56.030
Vineyard
A-1 zone 19.20.030
A zone 19.16.030
Violation, penalty
generally 19.04.070
remedies cumulative 19.04.060
Warehouse
ML zone 19.60.030
Wine sale
A zone 19.16.040
A-1 zone 19.20.040
Wireless communications facilities
aerials
design, siting review requirements 19.108.070
exceptions, generally 19.108.100
regulations, generally 19.108.050
site development regulations 19.108.060
antennas regulations 19.108.050
applicability of provisions 19.108.020
applications
additional information requirements
19.108.080
review, processing, generally 19.108.090
definitions 19.108.030
exceptions, generally 19.108.100
height limitation exceptions 19.108.090
masts, towers
exceptions 19.108.100
regulations, generally 19.108.050
purpose of provisions 19.108.010
site locations, allowed where 19.108.040
Wood sales
ML zone 19.60.030
Yard regulations
A-1 zone 19.20.030
A zone 19.16.070
R-1 zone 19.28.070
R-2 zone 19.32.080
RHS zone 19.40.070
(c~pertino 2-97) 676