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Ordinance No. 10-2056 Amend Municipal Code to Comply with the Housing Element of the City of Cupertino General Plan ORDINANCE NO. 10 -2056 AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING THE CUPERTINO MUNICIPAL CODE TO COMPLY WITH THE HOUSING ELEMENT OF THE CITY OF CUPERTINO GENERAL PLAN THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the sections of the Cupertino Municipal Code identified in the Table of Contents below shall be amended as follows: TABLE OF CONTENTS AMENDMENTS RELATED TO ALLOWING EMERGENCY SHELTERS IN QUASI- PUBLIC BUILDING (BQ) ZONES 1 19.08 Definitions 1 19.08.030 Definitions 1 19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation (T) Zones 1 19.64.040 Permitted Uses in a BQ Zone. 1 AMENDMENTS RELATED TO TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING 2 19.08 Definitions 2 19.08.030 Definitions 2 19.16 Agricultural (A) Zones 2 19.16.030 Permitted Uses 2 19.20 Agricultural- Residential (A -1) Zones 3 19.20.030 Permitted Uses 3 19.28 Single Family (Rl) Zones 4 19.28.030 Permitted Uses 4 19.32 Residential Duplex (R2) Zones 5 19.32.030 Permitted Uses 5 19.36 Multiple Family Residential (R3) Zones 6 19.36.030 Permitted Uses 6 19.40 Residential Hillside (RHS) Zones 6 19.44 Residential Single - Family Cluster (R1C) Zones 8 19.44.040 Permitted Uses 8 AMENDMENTS CLARIFYING THE PARKING ORDINANCE 9 -i - Ordinance No. 10 -2056 19.100 Parking Ordinance 9 19.100.040 Regulations for Off - Street Parking. 9 19.100.060 Exceptions. 10 AMENDMENTS RELATED TO PLANNED DEVELOPMENT PERMITS 12 2.08 City Council — Rules and Conduct 12 2.08.095 Reconsideration. 12 2.48 Departmental Organization 12 2.48.020 Departments and Divisions. 12 9.20 Off -site Hazardous Waste Facilities 13 9.20.030 Definitions 13 14.04 Street Improvements 13 14.04.010 Definitions 13 14.04.040 Requirements — General. 13 14.04.110 Improvements Installed Prior to Permit— Imposition of Street Improvement Reimbursement Charges, Cost of Land and ]Interest. 14 14.04.130 Dedication — Requirements. 14 14.04.160 Preceding Permit— Conditions. 14 14.04.175 Reimbursement Agreement. 14 14.04.240 Appeals 15 14.05 Park Maintenance Fees 15 14.05.010 Definitions. 15 14.05.040 Requirements — General. 15 14.05.070 Determination of Fee 15 14.05.090 Appeals. 16 14.18 Protected Trees 16 14.18.020 Definitions. 16 14.24 Underground Utilities — New Developments 16 14.24.070 Use Permit Exceptions. 16 16.04 Building Code Adopted 16 16.04.050 Address Posting. 16 16.32 Swimming Pools 16 16.32.040 Safety Requirements. 16 18.28 Vesting Tentative Subdivision Maps 17 18.28.050 Filing and Processing. 17 19.08 Definitions 18 -ii- Ordinance No. 10 -2056 19.08.030 Definitions 18 19.24 Open Space (OS) Zones 18 19.24.020 Applicability of Regulations. 18 19.36 Multiple Family Residential (R -3) Zones 18 19.36.050 Conceptual Plan 18 19.36.080 Architectural and Site Review 19 19.56 General Commercial (CG) Zones 19 Section 19 19.56.060 Permit for New Development. 19 19.56.07 Land Use Activity and Site Development Regulations. 19 19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation (T) Zones 20 19.64.070 Requirement of a Development Plan. 20 19.64.090 Site Development Regulations. 20 19.82 Beverage Container Redemption and Recycling Centers 20 19.82.060 Criteria and Standards. 20 19.116 Development Agreements 21 19.116.120 Review — Standard. 21 19.116.310 Separate Procedure. 22 19.118 Required Artwork in Public and Private Developments 22 19.118.020 Applicability of Regulations. 22 19.124 Planned Development Permits, Conditional Use Permits and Variances 23 Section 23 19.124.010 Authority of the Director of Community Development. 23 19.124.020 Application for Planned Development Permit, Conditional Use Permit or Variance. 24 19.124.030 Action by the Director. 24 19.124.070 Planned Development Permit and Conditional Use Permit— Findings and Conditions. 25 19.124.090 Effective Date 25 19.124.100 Expiration, Extension and Revocation. 25 19.124.110 Expansion of Planned Development or Conditional Uses. 26 19.124.120 Reports. 26 19.124.130 Concurrent Applications. 26 19.134 Architectural and Site Review 27 19.134.030 Authority of the Planning Commission 27 -iii- Ordinance No. 10 -2056 19.134.090 Findings and Conditions 27 AMENDMENTS RELATED TO REASONABLE ACCOMMODATION 28 19.50 Reasonable Accommodation 28 19.50.010 Purpose. 28 19.50.020 Applicability. 28 19.50.030 Application Requirements 28 19.50.040 Approval Authority, Procedure and Decision. 29 19.50.050 Findings. 29 19.50.060 Appeals 29 19.16 Agricultural (A) Zones 30 19.16.020 Applicability of Regulations. 30 19.20 Agricultural - Residential (A -1) Zones 30 19.20.020 Applicability of Regulations. 30 19.28 Single Family Residential (R1) Zones.... 30 19.28.110 Exceptions. 30 19.28.130 Development Regulations— (R1 -a). 31 19.32 Residential Duplex (R -2) Zones 35 19.32.020 Applicability of Regulations. 35 19.36 Multiple - Family Residential (R -3) Zones 35 19.36.020 Applicability of Regulations. 35 19.40 Residential Hillside (RHS) Zones 35 19.40.140 Exception for Development of Certain Individual Hillside Lots. 35 19.44 Residential Single - Family Cluster (R1 -C) Zones 37 19.44.020 Applicability of Regulations. 37 -i.v - Ordinance No. 10 -2056 AMENDMENTS RELATED TO ALLOWING EMERGENCY SHELTERS IN QUASI- PUBLIC BUILDING (BQ) ZONES 19.08 Definitions 19.08.030 Definitions "Emergency shelter, rotating" means a facility that provides temporary housing with minimal supportive services. Such shelters shall be limited to a time period of two months in a twelve- month period at any single location and shall meet criteria in Section 19.64.040(A). "Emergency shelter, permanent" means a facility that provides temporary housing with minimal supportive services that is limited to occupancy of six months or less. Such shelters may be permanently operated and shall meet criteria in Section 19.64.040(B). 19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation (T) Zones 19.64.040 Permitted Uses in a BQ Zone. Building and other uses on land owned or uti] ized by the following types of organizations, for the purposes enumerated herein, are permitted in a BQ zone: A. Rotating emergency shelter provided that the following conditions are met: 1. Shelter is located within an existing church structure; 2. The number of occupants does not exceed twenty -five; 3. The hours of operation do not exceed six p.m. to seven a.m.; 4. Adequate supervision is provided; 5. Fire safety regulations are met; and 6. Operation period does not exceed two months in any twelve -month period at any single location. B. Permanent emergency shelter provided the following conditions are met: 1. Section 19.64.040(A) 1 -5; and 2. Occupancy is limited to six months or less. Application for a rotating or permanent homeless shelter shall be made to the Director of Community Development. The Director shall approve the application if it meets the above standards. -1- Ordinance No. 10 -2056 AMENDMENTS RELATED TO TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING 19.08 Definitions 19.08.030 Definitions "Transitional housing" and "transitional housing development" (per CA Health and Safety Code 50675.2 (h)) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. "Supportive housing" (per CA Health and Safety Code 50675.14(b)) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Target population" (per CA Health and Safety Code 53260(d)) means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among ether populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. 19.16 Agricultural (A) Zones 19.16.030 Permitted Uses. The following uses shall be permitted in the A zoning district: A. Agriculture, horticulture, viticulture and forestry, including the following and similar uses: 1. Field and truck crops, including drying and storage, 2. Orchards and vineyards, including bottling and storage, 3. Tree farms, botanical conservatories and arboreta, 4. Barns and sheds, 5. Keeping of draft animals, animals providing products used on the property, and household pets, 6. Livestock ranches and dairy farms depending mainly on grazing on the property, 7. Processing of dairy products produced on the property, 8. Poultry raising and hatcheries, Ordinance No. 10 -2056 9. Apiaries, 10. Nurseries, greenhouses and landscaping gardens, 11. Boarding kennels, 12. Animal breeding; B. Single - family dwelling unit; C. Residences of farm workers and their families whose primary employment is incidental and necessary to agricultural operations conducted on the same parcel of land on which such residences are located; D. A second dwelling unit which conforms to the procedures, standards and requirements of Chapter 19.64 except for a second dwelling unit requiring a conditional use permit; E. Noncommercial stables, and the keeping of riding horses; the number of horses on each lot at any time shall be limited to three except that additional foals may be retained for a period of six months; F. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.80 of this title; G. Home occupations, when accessory to permitted use and otherwise conforming to the provisions of Chapter 19.92 of this title and subject to any conditional use permit requirements of that chapter; H. Small- family day care home; I. Residential care facility that is licensed b the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff; J. Congregate residence with ten or less residents. K. Transitional and Supportive Housing. 19.20 Agricultural - Residential (A -1) Zones 19.20.030 Permitted Uses. The following uses shall be permitted in an A -1 district: A. Agriculture, horticulture, viticulture and forestry, including but not limited to, the following uses: 1. Field and truck crops, including drying and storage, 2. Orchards and vineyards, including bottling and storage, 3. Tree farms, botanical conservatories and arboreta, 4. Barns and sheds, - 3 - Ordinance No. 10 -2056 5. Keeping of draft animals and animals providing products used on the property, and household pets; B. Single - family dwelling unit; C. Residences of farm workers and their families whose primary employment is incidental and necessary to agricultural operations conducted on the same parcel of land on which such residences are located; D. A second dwelling unit conforming to the provisions, standards, and procedures of Chapter 19.84 of this title, except for a second dwelling unit requiring a conditional use permit; E. Noncommercial stables, and the keeping of no more than three riding horses, except that additional foals may be retained for a period of si months after birth; F. Accessory facilities and uses, customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.80 of this title; G. Home occupations, when accessory to other permitted uses and otherwise conforming to the provisions of Chapter 19.92 of this title, and subject to any conditional use permit requirements continued in that chapter; H. Small - family day care home; I. Large - family day care home, which meets the parking criteria contained in Chapter 19.100, and which is at least three hundred feet from any other large - family day care home. The Director of Community Development or his/her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; J. Residential care facility that is licensed by the appropriate State, County agency or department with not more than six residents, not including the provider, provider family or staff; K. Congregate residence with ten or less residents. L. Transitional and Supportive Housing. 19.28 Single Family (R1) Zones 19.28.030 Permitted Uses. The following uses are permitted in the R -1 single - family residence district: A. Single - family use; B. A second dwelling unit conforming to the provisions, standards and procedures described in Chapter 19.82, except for those second dwelling units requiring a conditional use permit; C. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.80 of this title; D. Home occupations in accordance with the provisions of Chapter 19.92; -4- Ordinance No. 10 -2056 E. Horticulture, gardening, and growing of food products. F. Residential care facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff; G. Small- family day care home; H. The keeping of a maximum of four adult household pets, provided that no more than two adult dogs or cats may be kept on the site; I. Utility facilities essential to provision of utility services to the neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards; J. Large- family day care homes, which meet the parking criteria contained in Chapter 19.100 and which are at least three hundred feet from any other large - family day care home. The Director of Community Development or his/her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; K. Congregate residence with ten or less residents. L. Transitional Housing and Supportive Housing. 19.32 Residential Duplex (R2) Zones 19.32.030 Permitted Uses. The following uses shall be permitted in the R -2 residential duplex district: A. Two - family use under one ownership; B. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.80 of this title; C. Home occupations in each unit of a residential duplex dwelling subject, when accessory to permitted residential use as provided in Chapter 19.92 of this title, and subject to any use permit requirements contained in that chapter; D. The keeping in each dwelling unit of a maximum of four adult household pets; provided that no more than two adult dogs and two adult cats may be kept in each unit; E. Utility facilities essential to provision of utility services to the neighborhood, but excluding business offices, construction or storage yards, maintenance facilities, or corporation yard; F. Small - family day care home, in each unit; G. Large - family day care home, which meets the parking criteria contained in Chapter 19.100, and which is at least three hundred feet from any other large - family day care home. The Director of Community Development or his/her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; -5- Ordinance No. 10 -2056 H. Residential care facility with six or less residents not including the provider, provider family or staff, in each unit, that has a license from the appropriate State, County agency or department; I. Congregate residence with ten or less residents, in each unit. J. Transitional Housing and Supportive Housing. 19.36 Multiple Family Residential (R3) Zones 19.36.030 Permitted Uses. The following shall be permitted in an R -3 zoning district: A. Multiple - family residential dwellings; B. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.80 Df this title; C. Home occupations, when accessory to permitted residential use, as provided in Chapter 19.84 of this title, and subject to any conditional use permit requirements contained in that chapter; D. Horticulture, gardening, and growing of :Food products for consumption by occupants of the site and limited to a maximum of ten percent of the lot area. E. The keeping of a maximum of four adult household pets per dwelling unit, provided that no more than two adult dogs may be kept therein; F. Temporary buildings for construction purposes (including trailers) for a period not to exceed the duration of such construction; G. Small - family day care home; H. Residential care facility with six or less residents not including the provider, provider family or staff, that has a license from the appropriate State, County agency or department; I. Congregate residence with ten or less residents. J. Transitional Housing and Supportive Housing. 19.40 Residential Hillside (RHS) Zones 19.40.030 Permitted Uses. The following uses shall be permitted in an RHS zoning district: A. Single - family dwelling units with not more than one dwelling unit per lot; B. A second dwelling unit which conforms to the procedure, standards and requirements of Chapter 19.84 of this code; C. Home occupations which conform to the procedure, standards and requirements of Chapter 19.92 of this code; -6- Ordinance No. 10 -2056 D. Accessory buildings which conform to the procedures, standards and requirements of Chapter 19.80 of this code; E. Small - family day care home; F. Residential care facility with six or less residents not including the provider, provider family or staff, that has a license from the appropriate State, County agency or department; G. The keeping of animals as follows: 1. Household pets limited to one animal per three thousand square feet of lot area except: a. Adult dogs are limited to a maximum of two for lots less than one acre and four for lots greater than one acre, b. The number of geese, ducks, chickens, rabbits and other farm animals are not limited on a site greater than one acre, 2. Small household pets, 3. Large animals, such as horses, cows, sheep, and goats, limited as follows: a. Two large animals for the first forty thousand square feet of land area, except mules and donkeys which require eighty thousand square feet for the first animal, b. One additional large animal for each twenty thousand square feet of land area, c. One additional large animal if said animal is raised for a 4H project, a project sponsored by recognized agricultural organization or a school project, 4. The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa, except that a maximum of two household pets may be kept with large animals, 5. All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and ordinances, 6. No animals kept and maintained in an RE-IS zoning district may be raised for commercial purposes, 7. Crop, tree or horticultural farming for personal use. Produce grown on the site may be sold if the business activity is conducted in a mariner consistent with the home occupation ordinance; H. Large family day care home which meets the parking criteria contained in Chapter 19.100, and which is at least three hundred feet from any other large- family day care home. The Director of Community Development or his /her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; I. Congregate residence with ten or less residents. - '7 - Ordinance No. 10 -2056 J. Transitional Housing and Supportive Housing. 19.44 Residential Single - Family Cluster (R1C) Zones 19.44.040 Permitted Uses. The following uses shall be permitted in a single-family residential cluster zone without the requirement of a use permit: A. Single- family dwelling units with not more than one dwelling unit per lot, or in the case of a condominium, not more than one dwelling unit within a defined air space; B. Home occupations subject to approval pursuant to the Home Occupation Ordinance (No. 321) of the City of Cupertino, as it now exists or may be hereafter amended; C. Small- family day care home; D. The keeping of not to exceed two dogs and two cats over four months of age, or other small household pets not to exceed four adults four months of age or more; E. Residential care facility with six or less :residents not including the provider, provider family or staff, that has a license from the appropriate State, County agency or department; F. Congregate residence with ten or less residents. G. Transitional Housing and Supportive Housing. -8- Ordinance No. 10 -2056 AMENDMENTS CLARIFYING THE PARKING ORDINANCE 19.100 Parking Ordinance 19.100.040 Regulations for Off - Street Parking. A. Parking Ratio and Dimension. Table 19.100.040 -A defines the minimum and maximum required number of parking spaces by size and type for specific zoning districts and use within zoning districts. B. Aisle Dimensions. Aisle dimension shall be as required by standard 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 designed or required by the City Engineer. D. Planned Development Districts. The parking requirement contained in Table 19.100.040 -A functions as guidelines for projects in planned development zoning districts. E. Mixed -Use and Shared Parking. The minimum parking requirement for mixed -use developments or developments with shared parking facilities being used by one or more properties shall be determined using Table 19.100.040C. F. Alternative Parking Standards For all projects not meeting parking requirements in Table 19.100.040.A, B or C, the Planning Commission or Council may approve alternative parking standards per Section 19.100.060C. G. Tandem, Valet and Other Special Parking Arrangements. Tandem, valet, and other special forms of parking may be approved per Section 19.100.060C. H. Minimum Stall Dimension in Parking Structure. The minimum stall dimension for a uni -size space located in a parking garage or other enclosed parking structure and intended for nonresidential uses is eight and one -half (8.5) feet by eighteen (18) feet. The space width shall be increased by one -half (1/2) of a foot to nine (9) feet if adjacent on one side to a wall or structure; and by one (1) foot to nine and one-half (9.5) feet if adjacent on both side to a wall or structure. I. Handicapped Parking. The handicapped parking 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. -9- Ordinance No. 10 -2056 K. Residential Lots Fronting on Public or Private Streets. If no on- street parking is available, two additional off - street spaces are required. L. Farm Equipment. For tractors or farm equipment that are regularly parked on -site within two hundred feet of a public street or road, such parking 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 addition to the minimum requirements of the zoning district. The parking 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 parking and the roadway prohibits on- street parking, a semi - circular driveway may be provided, subject to other provisions of the Municipal Code. N. Landscape Requirements. All new centers and centers with a twenty -five percent or greater increase in floor area or a twenty -five percent or greater change in floor area resulting from development permits within twelve months shall be required to meet the following minimum landscape requirements; however, the Planning Commission and/or City Council may recommend additional landscaping. 19.100.060 Exceptions. Exceptions to this chapter may be granted as provided in this section. A. Issued by the Director of Community Development. With respect to a request for substandard sized parking spaces in an enclosed garage in the R -1 Single- Family Zoning District, the Community Development Director may grant an exception if the request meets all of the following criteria: 1. The exception to be granted is one that will require the least modification and the minimum variance to accomplish the purpose. 2. The exception to be granted will not preclude the garage from being used to park two standard -sized vehicles. B. Issued by the Design Review Committee. The Design Review Committee may grant exceptions to this chapter for properties located in the R -1 Single- Family Zoning District or the R -2 Duplex Zoning District at a public hearing subject to Section 19.28.110. The following findings must be made to grant an exception: 1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. -10- Ordinance No. 10 -2056 2. The granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare. 3. The exception to be granted is one that will require the least modification and the minimum variance toaccomplish the purpose. 4. The proposed exception will not result in significant impacts to neighboring properties. C. Issued by the Planning Commission or City Council. Requests for parking exceptions or variation from parking requirements as part of a p lamed development permit not subject to Section 19.100.050(A) and (B) may be granted by the Planning Commission or City Council at a public hearing subject to Section 19.120.060. 1. The following findings must be made to grant the exception: a. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. b. The granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare. c. The exception to be granted is one that will require the least modification and the minimum variance to accomplish the purpose. d. The proposed exception will not result in significant impacts to neighboring properties. 2. Projects proposing Alternative Parking Standards shall meet the following conditions in addition to 19.100.060C(1)a -d: a. The applicant submits a detailed parking study which demonstrates that the proposed use is compatible with the proposed parking supply. Adjacent on- street parking may be included in the parking supply. b. The project is owned or managed by a single entity. c. If adjacent properties are used to share parking, they are in close proximity to each other, and reciprocal parking and access easements and maintenance agreements are recorded on the applicable properties to run with the land. -11- AMENDMENTS RELATED TO PLANNED DEVELOPMENT PERMITS 2.08 City Council — Rules and Conduct 2.08.095 Reconsideration. B. If a motion for reconsideration prevails, the Council is then free to reconsider the item either at the same council meeting or at any other council meeting established by the Council; provided, however, that the Council shall not reconsider an item at the same council meeting, in the following instances: 1. Any action involving a public hearing which has been closed; 2. Any action, including appeals, regarding a zoning matter, planned development permit, use permit, subdivision map approval, variance, architectural and site approval or sign exception; 3. Any action involving the granting, modification or revocation of any permit issued by the City; 4. Any action which is quasi-judicial in nature. 2.48 Departmental Organization 2.48.020 Departments and Divisions. B. Department of Community Development. 1. This department shall have the following divisions: a. Planning Division. This division shall be responsible for current and long -range planning, the development and maintenance of the general plan and specific plans, and the processing of applications for planned development permits, use permits, variances, and changes of zoning, and the sign ordinance. b. Building Division. This division shall be responsible for the enforcement of the building codes, the sign ordinance and other similar regulatory ordinances. 2. The Director of Community Development shall be the head of this department, with the Building Official being responsible for activities within the Building Division. - 12- Ordinance No. 10 -2056 9.20 Off -site Hazardous Waste Facilities 9.20.030 Definitions J. "Land use decision" means a discretionary decision given by the City concerning a specific hazardous waste facility including the approval of a change of zone, planned development permit, use permit, variance or subdivision. 14.04 Street Improvements 14.04.010 Definitions E. "Permit" means any building permit, planned development permit, use permit, or site and architectural approval issued by the City under and pursuant to the provision of its ordinances. F. "Permittee" means any individual, copartnership, association, corporation, governmental body or unit or agency (other than the City), or any other entity owning or occupying land adjacent to any unimproved street, or unimproved streets, in the City who is required to have a building permit from the City in order to erect, construct, add to, alter, or repair any building or structure upon said land, or who is required to have a planned development permit, use permit, or site and architectural approval. H. "Reimbursement agreement" means a written agreement with the City whereby in order to receive reimbursement of certain street improvement costs, and as a condition precedent to obtaining a building permit, planned development permit, use permit or site and architectural approval; the permittee shall enter into. 14.04.040 Requirements— General. A. Any person who proposes to erect, construct, add to, alter or repair any building or structure for which a building permit is required by the City on or upon any land adjacent to an unimproved street, or who seeks a planned development permit, use permit or architectural and site approval from the City for land adjacent to ari unimproved street must improve, or agree to improve by installation agreement, said street as herein required by the installation of such of the following improvements as the City Engineer, under the provisions of this chapter, deems necessary: underground utilities, curbs and gutters, driveways, sidewalk, street paving and overlay, street lights, storm sewers, sanitary sewers, street trees, street signs, water lines, fire hydrants, and retaining walls, and, where necessary, the dedications and improvements of service roads, facilities for off - street parking, alleys, easements for public utilities, drainage, sewers, walkways, watercourses, planting strips and nonaccess facilities, and the payment of park and recreation facilities acquisition and maintenance :Fees in accordance with Chapter 14.05 of the City's Ordinance Code. Said improvements or installation agreements shall be a condition precedent to the issuance of any required building permit, planned development, use permit, or architectural approval. -13- Ordinance No. 10 -2056 14.04.110 Improvements Installed Prior to Permit — Imposition of Street Improvement Reimbursement Charges, Cost of Land and Interest. A. In some instances, the public welfare, safety and economy can be best served by the installation of improvements on unimproved streets prior to the time that an adjoining property owner seeks a permit. Since such adjoining property benefits from the street improvements, the owners of such property are required to contribute their share of the cost of those street improvements (just as permittees who seek a permit prior to the installation of improvements are required to do) when they seek a building permit unless it is exempt pursuant to Section 14.04.230(D) of this chapter, a planned development permit, use permit, or a site and architectural approval. 14.04.130 Dedication — Requirements. A. Dedication and improvement shall be for the full length of the property line (of the parcel for which the permit is sought) abutting the street for which dedication and improvement is required. Dedication and improvement shall be made for the full length of the property line of each lot or lots to which said building permit, planned development permit, use permit, or site and architectural approval applies. In case of flag lots whose building site is accessible only via a strip providing connection to a public street, the extent of street improvement required shall consist of not less than one -half the projected width of such lots measured along the adjacent street for which improvements are required; F. The permittee shall grant easements not less than ten feet in width for public utility and drainage purposes along the rear lot lines, along side lot lines and along front lot lines, wherever necessary. Easements of lesser widths may be all after ten days' written notice to the affected utility company or companies, when, at the determination of the City Engineer, the purpose of the easement may be accomplished by easements of lesser width, and provided that, in such determination, the City Engineer shall prescribe the width of such easement. Upon receipt of notice, the affected utility may present its objections or recommendations to the City Engineer, which shall hear and rule upon the objections or recommendations. Dedication of easements shall be for the purpose of installing utilities and for other public purposes, as may be ordered or directed by the City Engineer. Underground utilities shall be required in accordance with Chapter 14.24, except where the requirement is waived by the planning commission pursuant to an approved planned development permit and/or use permit excepting or conditioning the requirement. 14.04.160 Preceding Permit — Conditions. A. As a condition precedent to obtaining a building permit, planned development permit, use permit, or site and architectural approval from the City under and pursuant to the provisions of its ordinances, a permittee shall, in addition to meeting the other requirements of this chapter: 14.04.175 Reimbursement Agreement. A. As a condition precedent to obtaining a building permit, planned development permit, use permit, or site and architectural approval, the permittee shall enter into a reimbursement agreement with the City in order to receive reimlursement for the portion of street improvement -1 Ordinance No. 10 -2056 costs, including interest where applicable, in excess of the installation costs incurred for the permittee's property, or for the cost of the land, upon which such improvements were installed, including interest where applicable. Any reimbursement to the permittee shall be paid out of the revenues received by the City from the land reimbursement or street improvement reimbursement charges and interest, if any, assessed in the manner provided in Section 14.04.110. C. If the permittee cannot purchase or otherwise acquire land necessary or the installation of the street improvements, prior to issuance of a building permit, planned development permit, use permit or site and architectural approval, the City shall acquire the necessary land either by negotiation or pursuant to its eminent domain powers. 14.04.240 Appeals. A. Any person aggrieved by any decision of any officer, department or commission of the City under the provisions of this chapter may appeal said decision to the City Council by filing written notice of the appeal with the City Clerk within thirty days after the date of the decision, except that, when an application for exception by filing for a planned development permit and/or use permit is made, no appeal will be accepted or necessary, since the City Council will hear the matter in due course. 14.05 Park Maintenance Fees 14.05.010 Definitions. As used in this chapter: A. "Single lot development" means the erection or construction of any building or structure within all zones, permitting residential uses for which a building permit, planned development permit, use permit or architectural and site approval is required by the City, but which development is not a subdivision as defined by the Subdivision Map Act of the State of California. 14.05.040 Requirements — General. Any person who proposes to erect or construct any building or structure for which a building permit is required by the City, or who seeks a use permit or architectural and site approval from the City, must pay a fee, as determined under the provisions of this chapter, for the establishment, maintenance and rehabilitation of parks and recreation facilities within the City. Said fee shall be a condition precedent to the issuance of any required building permit, planned development permit, use permit, or architectural approval. 14.05.070 Determination of Fee. When a fee is required to be paid under the provisions of this chapter, the amount of the fee shall be determined by the Director of Public Works, pursuant to Section 14.05.060. The "value per acre" portion of the fee shall be based upon the fair market value of the subject property determined by reference to comparable land within the general subject property. As used herein, the term "comparable" means land of similar size and development potential as the subject property. The date of the valuation of the property shall be the date that the owner of the subject -15- Ordinance No. 10 -2056 property or his agent submits an application for issuance of a building permit, planned development permit, use permit or architectural and site approval, whichever event occurs first. 14.05.090 Appeals. A. Any person aggrieved by a decision of any officer, department or commission of the City under the provisions of this chapter may appeal the decision to the City Council by filing written notice of the appeal with the City Clerk within thirty days after the date of the decision; except that, when an application for exception by filing for a planned development and/or use permit is made, no appeal will be accepted or necessary, since the City Council will hear the matter in due course. 14.18 Protected Trees 14.18.020 Definitions. C. "Development application" means an application for land alteration or development, including but not limited to subdivision of property, rezoning, architectural and site approval, two -story residential permit, minor residential permit, planned development permit, variance, and use permit 14.24 Underground Utilities — New Developments 14.24.070 Use Permit Exceptions. A. The Planning Commission may, through the granting of a planned development and/or use permit, waive requirements for underground utilities, in whole or in part, where an applicant shows, to the satisfaction of the Commission: 16.04 Building Code Adopted 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 minimum of five inches high for commercial or industrial buildings. Residences designated R3 shall have number sizes of three inches minimum. R1 and Planned Developments shall submit a numbering schedule for approval by the Building Department and the Fir: Department. All commercial buildings having a single address assigned with multi -suite arrangements shall have the suite - numbering system approved or assigned by the Building Department with an approved copy to the Fire Department for emergency use. 16.32 Swimming Pools 16.32.040 Safety Requirements. A. Every person who owns or is in possession of any premises, whether as purchaser under contract, lessee, tenant or licensee, on which there is now situated or at any time hereafter may be situated a swimming pool, fish pond, wading pool or any other body of water regulated by -16- Ordinance No. 10 -2056 this chapter, any portion of which is sixteen inches or more in depth, shall maintain on the lot or premises upon which such swimming pool, fish pond, wading pool or other artificial body of water is located, and completely surrounding such body of water, fence, wall or other structure not less than five feet in height, nor more than six feet in height; provided however, that except for doors or gates, the horizontal dimension of any opening, holes or gaps in the fence, wall or other structure shall not exceed three inches and that no offset perpendicular to the horizontal dimension shall exceed one -half inch; and provided further, that an apartment house, dwelling house or accessory building may be used as a pars of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self - closing and self - latching device designed to keep, and being capable of keeping, such door or gate securely closed at all times when not in actual use, with such latching either placed five feet above ground level, or otherwise made inaccessible from the outside to children; provided however, that the door of any dwelling unit occupied by human beings and forming any part of the enclosure hereinabove required need not be so equipped. All such gates or doors shall be kept closed or latched when the pool or body of water is not under the constant supervision of a qualified adult guard. B. Manmade decorative pools of water located within a commercial or industrial development or within a planned development project where the pool will be owned and maintained by a Homeowners Association may be maintained at a depth in excess of sixteen inches provided that the design of the pool has all of the following safety features: 18.28 Vesting Tentative Subdivision Maps 18.28.050 Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in the other provisions of this title for a tentative map except as follows: A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." B. A conceptual zoning plan must be adopted and in effect and a planned development permit must be approved and in force prior to the filing of a vesting tentative map for property located in a planned development zone. C. A development zoning plan or conceptual zoning plan must be adopted as in effect prior to the filing of a vested tentative map for the subject property. D. At the time a vesting tentative map is filed, a subdivider shall also file these other applications, complete with required fees, plans, and other documentation that would otherwise be required for the recordation of a final map and issuance of building permits. -17- Ordinance No. 10 -2056 19.08 Definitions 19.08.030 Definitions "Development Permit" means a permit issued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings, structures, land and /or uses. Development Permits may include but shall not be limited to Administrative Approvals, Two -story Permits, Minor Residential Permits, Architectural and Site Approvals, Planned Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps. 19.24 Open Space (OS) Zones 19.24.020 Applicability of Regulations. A. Prohibition. No structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged in an open space (OS) zone, otherwise than in conformance with the provisions of this chapter. B. Limitations to Applicability of Regulations. The open space zoning district may only be designated on land within the City of Cupertino under one, or more, of the following circumstances: 1. The property owner of the subject property either makes application with the City for such designation to apply to his or her property, or otherwise gives his or her written consent to the application of this chapter to his or her property; 2. The subject property is encumbered by an .y recorded open space easement or written dedication of the development rights granted to the City; 3. The subject property is to remain open space under the terms of any development agreement entered into pursuant to the City's Ordinance Code, or under the terms of any written and recorded private agreement, a copy of which is provided to the City prior to any designation under this chapter; 4. The subject property is to remain open space under any condition of approval to any implemented entitlement of use, including, but not limited to, planned development permits, conditional use permits, variances, subdivision maps, exceptions, or building permits issued by the City or any other public agency. 19.36 Multiple Family Residential (R -3) Zones 19.36.050 Conceptual Plan. A. A property owner initiated rezoning in R -3 zones shall be accompanied by a conceptual development plan. - 18 - Ordinance No. 10 -2056 B. A City- initiated rezoning need not be accompanied by a conceptual development plan. Prior to development and use of the property, the owner shall submit a conceptual development plan. C. No building permit may be issued for development proposal of a vacant property presently zoned multiple - family residential until a conceptual development plan is approved in conjunction with a public hearing for a development permit. 19.36.080 Architectural and Site Review. Signs, landscaping or parking plans and minor modifications to buildings may not be erected, structurally altered, enlarged or modified without Architectural and Site Approval pursuant to Chapters 2.90 and 19.134. 19.56 General Commercial (CG) Zones Section 19.56.010 Purpose. 19.56.020 Applicability of regulation. 19.56.030 Permitted uses. 19.56.040 Conditional uses. 19.56.050 Excluded uses. 19.56.060 Permit for new development. 19.56.070 Land use activity and site development regulations. 19.56.080 Interpretation by the Planning Director. 19.56.060 Permit for New Development. A. Prior to the erection of a new building or structure in a CG zoning district, or prior to the enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in a CG zoning district, the applicant for a building permit must obtain development permits from the Planning Commission unless the building square footage is five thousand square feet or greater, in which case the development permits may only be issued by the City Council upon recommendation of the Planning Commission. 19.56.07 Land Use Activity and Site Development Regulations. G. Landscaping. The application for development permits to construct a building in a general commercial zone shall be accomplished by a concept landscaping plan which provides an -19- Ordinance No. 10 -2056 effective year -round landscaping screen in the setback area adjoining a residential property. The intent of the plan is to screen the building from the rear yard of a residence. The affected residents will be given notice of hearings and may give testimony advocating an increase in planting to provide more screening or reduction in landscape material to preserve views and/or permit more sun to enter their property. The intent of the planning requirement is to provide screening within five years. 19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation (T) Zones 19.64.070 Requirement of a Development Plan. Prior to the issuance of development permits, or any amendment thereto, a development plan shall be submitted to the Planning Commission. The plan shall include: A. Types and heights of buildings /structures and location of areas where buildings are to be placed; B. A proposed system of public and private streets, including cross - sections for all types of streets; C. Landscape plans; D. Parking and loading plans as required by this title; E. Any other information, which the Director of Community Development requires in order to evaluate the effects of the proposed facilities on the surrounding areas. 19.64.090 Site Development Regulations. B. Setbacks and Screening. 1. There are no minimum setbacks in BA, BQ or T zoning districts; provided, however, that the Planning Commission may establish minimum setbacks with respect to each individual application for a planned development permit or a conditional use permit in order to provide adequate light, air and visibility at intersections, and to provide general conformity with adjacent and nearby zones and lots, or to promote the general excellence of the development; 19.82 Beverage Container Redemption and Recycling Centers 19.82.060 Criteria and Standards. The criteria and standards for recycling facilities are as follows: A. Reverse Vending Machines. Reverse vending machines located within a commercial structure do not require discretionary permits. Reverse vending machines located outside of a structure shall be regulated by the following standards: - 20 - Ordinance No. 10 -2056 1. Shall be established in conjunction with a commercial use which is in compliance with the zoning, building and fire codes of the City; 2. Shall be located within a reasonable proximity to the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation; 3. Shall not occupy parking spaces required by the primary use and shall be placed on the apron of the host facility when possible; 4. Shall occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and shall be not more than eight feet in height; 5. Shall be constructed and maintained with durable waterproof and rustproof material; 6. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative; 7. Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions; 8. Shall be maintained in a litter -free, dust free condition on a daily basis; 9. Operating hours shall be at least the operating hours of the host use; 10. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn; 11. Shall comply with City's noise ordinance; 12. Sanitation control and practices shall be installed and used to maintain each site in a manner free of rodents, insects and other vectors. 19.116 Development Agreements 19.116.120 Review — Standard. The Planning Commission may recommend use of a development agreement as a method of implementing or providing standards and criteria for any approval of the Planning Commission or permits or approvals issued or made by any other City agency, including: A. Rezoning; B. Issuance of a conditional use permit or a planned development permit; C. Conditions imposed upon approval of a permit after discretionary review; - 21 - Ordinance No. 10 -2056 D. Conditions imposed in connection with the adoption of any General Plan amendment or specific plan; E. Conditions imposed in any planned development district; F. Site - specific conditions imposed in any other district; G. Approval of and /or conditions imposed upon approval of a subdivision or parcel map or maps; H. The formation of any assessment district, benefit district, maintenance district or special benefit district or any other procedure, for the installation of required or necessary on -site or off - site improvements or infrastructure; and /or I. Mitigation measures imposed upon a development project after approval of an environmental impact report in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts, or the criteria for development of the project without such mitigation measures where specific economic, social or other considerations make such mitigation measures infeasible or the benefits of the project outweigh the unavoidable adverse environmental effects. 19.116.310 Separate Procedure. All development agreements entail and consist of a separate procedure from other land use planning procedures and shall not take the place of the zoning ordinances, the General Plan, planned development permits, conditional use permits, subdivision approvals, building permits or any other City planning functions. If so specified in the development agreement, it shall constitute an approval pursuant to such planning procedures as if separately enacted under other City planning ordinances. To the extent practicable, public hearings on a proposed development agreement shall be held concurrently with the public hearings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement. 19.118 Required Artwork in Public and Private Developments 19.118.020 Applicability of Regulations. A. Any development of 50,000 sq. ft. or larger involving construction of new buildings and/or the expansion of existing buildings shall be subject to the requirements of this chapter. B. Additional artwork not mentioned in th:Ls chapter by means of specific plan, development permits or other discretionary review may be required when deemed appropriate by the City Council. -22- Ordinance No. 10 -2056 19.124 Planned Development Permits, Conditional Use Permits and Variances Section 19.124.010 Authority of the Director of Community Development. 19.124.020 Application for planned development permit, conditional use permit or variance. 19.124.030 Action by the Director. 19.124.040 Notice of public hearing. 19.124.050 Decision after hearing. 19.124.060 Action by the City Council. 19.124.070 Planned development permit and conditional use permit— Findings and conditions. 19.124.080 Variance— Findings and conditions. 19.124.090 Effective date. 19.124.100 Expiration, extension and revocation. 19.124.110 Expansion of planned development and conditional uses. 19.124.120 Reports. 19.124.130 Concurrent applications. 19.124.010 Authority of the Director of Community Development. Subject to the provisions of this chapter and general purpose and intent of this title, the Director of Community Development may grant the following: A. A development permits which are authorized to be issued by the Director pursuant to any provision of this title. All other planned development permits and conditional use permits shall be issued by either the Planning Commission or the City Council, as provided by this title; B. A variance from the site development regulations and parking and loading regulations (except those handicapped parking regulations mandated by State law) applicable within any district established by this title; - 23 - Ordinance No. 10 -2056 C. A variance from the special conditions that apply to site development and parking and loading regulations (including conditions attached to planned developments) applicable within any district established by this title. D. A request for reasonable accommodation made by any person with a disability, when the strict application of the provisions within residential districts, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. 19.124.020 Application for Planned Development Permit, Conditional Use Permit or Variance. A. An application for a planned development permit, conditional use permit or variance may be made by the owner of record, or his agent, of property for which the planned development, conditional use permit or variance is sought. B. Application shall be made to the Director, on a form provided by the City, and shall contain the following: 1. A description and map showing the local ion of the property for which the permit or variance is sought; 2. If the application is for a planned development permit and/or a conditional use permit, plans and /or descriptions of existing and proposed uses of the property, and describing in detail the nature of the use proposal to be conducted on the property; 3. If the application is for a variance, plans and/or descriptions of existing and proposed construction on the property involved, together with a statement of the circumstances which justify the various applications; 4. Such additional information as the Director may deem pertinent and essential to the application. C. Application for planned development permit, conditional use permit or variance shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. 19.124.030 Action by the Director. Unless otherwise provided by Section 19.04.090 regarding combined applications, the following actions shall be taken by the Director to process an application for a planned development permit, conditional use permit or variance: Upon receipt of a complete application for a planned development permit, conditional use permit or variance, the Director shall, within thirty days from the date the application is deemed by him to be complete, set a date for a public hearing upon the matter either before or at a regular or special meeting of the Planning Commission. as the case may be, unless the application is -24- Ordinance No. 10 -2056 diverted for administrative approval, pursuant to Section 19.132.030. The public hearing shall commence within sixty days of the date it is set. 19.124.070 Planned Development Permit and Conditional Use Permit — Findings and Conditions. A. The decision maker may grant a planned development permit or a conditional use permit only if all of the following findings are made: 1. The proposed development and/or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed development and /or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. B. The decision maker may impose with reasonable conditions or restrictions as he deems necessary to secure the purpose of this title and to assure operation of the development and/or use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity. C. Permits are approved for a two -year period or a longer period of time to be determined by the decision - making body. 19.124.090 Effective Date. A planned development permit, conditional use or variance shall take effect ten working days following the mailing of the notice of decision, unless an appeal is filed as provided in Chapter 19.132. 19.124.100 Expiration, Extension and Revocation. A. Expiration. 1. A planned development permit, conditional use permit or variance which has not been used within two years following its issuance, shall become null and void and of no effect, unless a shorter or longer time period is specifically prescribed in the conditions of such permit or variance. A permit or variance shall be deemed to be "used" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, said permit becomes null and void. - 25 - Ordinance No. 10 -2056 3. Unless a variance has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the variance approval unless a different time period is specified in its issuance. A variance from the parking and loading regulations shall be valid only during the period of continuous operations of the use and /or structure for which the variance was issued. B. Extensions. The decision maker granting the original planned development permit, conditional use permit or variance may, without public hearing, extend the time for the use of such permit or variance for a maximum of one year only, upon application filed by the applicant with the Director prior to expiration. Upon timely filing of an extension request with the Director, the time for which a permit or variance must be used shall be automatically extended until the request is heard by the decision maker. C. Revocation. In any case where, in the judgment of the Director, substantial evidence indicates that the conditions of a planned development permit, conditional use permit or variance have not been implemented, or where the permit or variance is being conducted in a manner detrimental to the public health, safety, and welfare, the Director shall set a date for a public hearing before the decision maker granting the original permit or variance, and notice a public hearing in accordance with Section 19.124.040 of this code. 19.124.110 Expansion of Planned Development or Conditional Uses. A. Any significant expansion in building size on site area of a planned development or conditional use shall necessitate the issuance of a new planned development permit or conditional use permit for the expansion in accord with the provisions of this chapter. B. No applications for a planned development permit or conditional use permit shall be necessary for existing uses which were lawful conforming permitted uses and which were rendered conditional by reason of rezoning or change to this title, provided that any expansion in the building site or site area of such use shall be subject to the issuance of a planned development permit or conditional use permit in accord with this chapter. 19.124.120 Reports. The Director of Community Development shall make written reports to the City Council and Planning Commission of the action he /she has taken on each application for planned development permit, conditional use permits and variances. A written report describing Planning Commission decisions shall be forwarded to the City Council within five calendar days from the date of the decision. 19.124.130 Concurrent Applications. Notwithstanding any provision in this title to the contrary, any application for a planned development permit, conditional use permit or variance which would normally be issued by the Director of Community Development or the Planning Commission may, at the discretion of the -26- Ordinance No. 10 -2056 Director, be processed concurrently with applications for General Plan amendments, zoning changes, subdivision maps or other approvals which require City Council approval. 19.134 Architectural and Site Review 19.134.030 Authority of the Planning Commission. Subject to the provisions of this chapter and to the general purpose and intent of this title, the Planning Commission shall decide on the architectural and site design in such zones where such review is required or when required by a condition to a planned development permit, use permit, variance, or any other entitlement of use. 19.134.090 Findings and Conditions. A. The Design Review Committee or the Planning Commission may approve an application only if all of the following findings are made: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria. - 27 - AMENDMENTS RELATED TO REASONABLE ACCc MMODATION 19.50 Reasonable Accommodation Section 19.50.010 Purpose 19.50.020 Applicability 19.50.030 'Application Requirements 19.50.040 Approval Authority, Procedure and Decision 19.50.050 Findings 19.50.060 Appeals 19.50.010 Purpose. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act (the Acts) in the application of development or land use regulations. 19.50.020 Applicability. A request for reasonable accommodation may: A. Be made only for existing residential dwellings or second dwelling units. B. Be made by any person who is defined as disabled under the Acts, when the application of development or land use regulations act as a barrier to fair housing opportunities. C. Include a variance to the development or land use regulations that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. 19.50.030 Application Requirements. A. Application shall be made to the Director of Community Development, on a form provided by the City, and shall contain the following: 1. A description and map showing the location of the property for which the request for reasonable accommodation is sought; 2. Plans or descriptions of existing and proposed construction on the property involved together with a statement of the circumstances which justifies the request for reasonable accommodation; 3. Such additional information as the Director may deem pertinent and essential to the application, including, but not limited to: a. why the individual is considered disabled under the Acts; - 28 - Ordinance No. 10 -2056 b. the development or land use regulations from which reasonable accommodation is being requested; and c. why the reasonable accommodation is necessary to make the specific property accessible to the individual. B. Application for a request for reasonable accommodation shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. 19.50.040 Approval Authority, Procedure and Decision. A. Approval Authority. 1. Director of Community Development. Requests for reasonable accommodation shall be reviewed by the Director of Community Development (Director), or his designee. 2. Other Approval Authority. Requests for reasonable accommodation submitted for concurrent review with other applications shall be approved by the body having final decision - making authority over the combined application. B. Procedure. No public noticing or hearing is required. C. Decision. A written determination of the final decision shall be mailed to the applicant. 19.50.050 Findings. A. The approval body may grant a request for re asonable accommodation only if all of the following findings are made: 1. The proposed improvements are necessary to provide housing access for persons disabled under the Acts; 2. The reasonable accommodation granted is one that will accomplish the purpose with the least modification to the development or land use regulations from which reasonable accommodation is being requested; 3. The granting of the reasonable accommodati on will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title; and 4. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City. B. Conditions of Approval. In granting a request for reasonable accommodation, the approval body may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings in Section 19.50.050(A). 19.50.060 Appeals. A decision by the approval body regarding the request for reasonable accommodation may be appealed pursuant to Chapter 19.136. - 29 - Ordinance No. 10 -2056 19.16 Agricultural (A) Zones 19.16.020 Applicability of Regulations. No building or structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged in an (A) agricultural zone, otherwise than in conformance with the provisions of this chapter. Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. 19.20 Agricultural - Residential (A -1) Zones 19.20.020 Applicability of Regulations. No building, structure or land shall be used, an ad no building or structure shall be hereafter erected, structurally altered or enlarged in an agricultural- residential (A -1) district other than in conformance with the provisions of this chapter and other applicable provisions of this title. Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. 19.28 Single Family Residential (R1) Zones 19.28.110 Exceptions. A. Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to section 19.28.060, 19.28.070 and 19.28.120 may be granted as provided in this section. 1. Notice of Application. Upon receipt of a complete application, the Community Development Department shall set a time and place for a public hearing before the Design Review Committee and send a notice by first class mail to all owners of record of real property (as shown in the last tax assessment toll) that are within three hundred feet of the subject property. Properties that are adjacent to the subject site, including those across a public or private street, shall receive a reduced scale copy of the plan set with the public notice. 2. Decision. After closing the public hearing, the decision -maker shall approve, conditionally approve, or deny the application based on the findings in this section. Any interested party can appeal the decision pursuant to Chapter 19.136. 3. Expiration of an Exception. Unless a building permit is filed and accepted by the City (fees paid and control number issued) within one year of the Exception approval, said approval shall become null and void unless a longer time period was specifically prescribed by the conditions of approval. In the event that the building permit expires for any reason, the Exception shall become null and void. The Director of Community Development may grant a one -year extension, without a public notice, if an application for a Minor Modification to the Exception is filed before the expiration date and substantive justification for the extension is provided. 4. Findings for Approval. - 30 - Ordinance No. 10 -2056 a. Issued by the Director of Community Development. The Director of Community Development may grant exceptions from the prescriptive design regulation described in Section 19.28.060 G(4) upon making all of the following findings: i. The project fulfills the intent of the visible second -story wall height regulation in that the number of two -story wall planes and the amount of visible second story wall area is reduced to the maximum extent possible. ii. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. iii. The proposed exception will not result in significant visual impact as viewed from abutting properties. b. Issued by the Design Review Committee. The Design Review Committee may grant exceptions from the prescriptive design regulations described in Section 19.28.060, except 19.28.060 G(4) and Section 19.28.130 upon making all of the following findings: i. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. ii. The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare. iii. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. iv. The proposed exception will not result in significant visual impact as viewed from abutting properties. B. Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. 19.28.130 Development Regulations— (R1 -a). R1 -a districts are intended to reinforce the semi -rural setting in neighborhoods with large lots. Regulations found in the other sections of this chapter shall apply to properties zoned R1 -a. In the event of a conflict between other regulations in this chapter and this section, this section shall prevail. A. Lot Area Zoning Designations. The minimum lot size is ten thousand square feet. B. Lot Width. The minimum lot width is seventy -five feet measured at the front -yard setback line. C. Second Story Area. A second floor shall be no more than forty percent of the first floor, except as follows: 1. A second floor may be at least seven hundred square feet in area. -31- Ordinance No. 10 -2056 2. In no case shall a second floor be more than one thousand one hundred square feet in area. D. Setback - First Story. 1. Front Yard. The minimum front yard setback is thirty feet. 2. Side Yard. The minimum side yard setback is ten feet. 3. Rear Yard. The minimum rear yard setback is twenty feet. E. Setback - Second Story. 1. Front Yard. The minimum front yard setback is thirty feet. 2. Side Yard. The combined side yard setbacks shall be thirty -five feet, with a minimum of fifteen feet. 3. Rear Yard. The minimum rear yard setback is forty feet. 4. The setback surcharge in Section 19.28.060 E(3) does not apply in this district. F. Second -story Regulations. 1. Second story decks shall conform to the second -story building setbacks, and may be located on the front and rear only. 2. The second -story shall not cantilever over a first -story wall plane. 3. The front - facing wall plane(s) of the second -story must be offset a minimum of three feet from the first -story wall plane(s). The intent of this regulation is to avoid a two -story wall plane on the front elevation. G. Front Yard Paving. No more than fifty percent of the front yard setback area may be covered with a combination of impervious or semi- pervious surfaces. No more than forty percent of the front yard setback area may be covered with an impervious surface such as concrete or asphalt. H. Heights. The maximum exterior wall he and building height on single -story structures and single -story sections of two -story structures must fit into a building envelope defined by: 1. A twelve -foot high vertical line measured from natural grade and located ten feet from property lines; 2. A twenty -five degree roof line angle projected inward at the twelve -foot high line referenced in subsection H(2)(1) of this section. I. Variation from the R1 and R1 -a regulations shall require a Variance pursuant to Chapter 19.124 of the Cupertino Municipal Code in the P:1 -a district. Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the -32- Ordinance No. 10 -2056 strict application of the provisions in this section, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. J. Design Review. All two -story development shall require discretionary review based on Section 19.28.100, except that the Design Review Committee shall approve or deny the project at a public hearing based on the findings in subsection N(1) of this section. K. Design Guidelines. The guidelines in this section shall be used in conjunction with the City's Single Family Residential Design Guidelines. In cases where there may be conflict between the two sets of guidelines, this Section shall take precedence. Nonconformance with the guidelines shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project. 1. Second -story windows. Windows on the side elevations should be fixed and obscured to a height of six feet above the second floor, should have permanent exterior louvers to a height of six feet above the second floor or should have sill heights of five feet or greater to mitigate intrusion into a neighbor's privacy. 2. All second story wall heights greater than six feet, as measured from the second story finished floor, should have building wall offsets at least every twenty -four feet, with a minimum four -foot depth and ten -foot width. The offsets should comprise the full height of the wall plane. 3. Section 19.28.060 G(4) is considered a guideline in the RI -a district. 4. Garages. The maximum width of a garage on the front elevation should be twenty -five feet, which will accommodate a two -car garage. Additional garage spaces should be provided through the use of a tandem garage or a detached accessory structure at the rear of the property. L. Permitted Yard Encroachments. 1. Where a principal building legally constructed according to existing yard and setback regulations at the time of construction encroaches, upon present required yards, one encroaching side yard setback may be extended along its existing building line. a. The extension or addition may not further encroach into any required setback and the height of the existing non - conforming wall and the extended wall may not be increased. b. In no case shall any wall plane of a first -story addition be placed closer than three feet to any property line. c. This section does not apply to attached accessory structures such as attached carports. d. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance or exception, either before or after such property become part of the City. 2. Architectural features (not including patio covers) may extend into a required yard a distance not exceeding three feet, provided that no architectural feature or combination thereof, -33- Ordinance No. 10 -2056 whether a portion of a principal or auxiliary structure, may extend closer than three feet to any property line. 3. Front Porch. Traditional, open porches are encouraged in this zone. When viewed from the street, a porch should appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width. Use of this yard encroachment provision shall require the approval of the Director of Community Development. a. Posts. Vertical structural supports, such as posts, for porches are allowed to encroach two feet into the required front setback. Structural supports must be designed such that the appearance is not obtrusive or massive. b. Columns. The use of large columns or pillars is discouraged. c. Fencing. Low, open fencing for porches are allowed to encroach two feet into the required front setback area. d. Eave Height. The eave height for a front porch should not be significantly taller than the eave height of typical single -story elements in the neighborhood. e. Detailing. Porch elements should have detailing that emphasizes the base and caps for posts and fence elements. f. The porch platform and roof overhang may encroach five feet into the required front setback. M. Landscaping. 1. Landscaping plans are required for all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Specific measures are not prescribed. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences. 2. Landscaping plans for two -story development shall include specific mitigations for impacts from mass, bulk and privacy intrusion as required in Section 19.28.070 of the Cupertino Municipal Code, except that: a. Privacy planting shall have a minimum setback from the property line equivalent to one- quarter of the spread noted on the City list. b. Privacy trees shall have a minimum height of twelve feet at the time of planting. c. Front yard tree planting shall be placed such that views from second -story windows across the street to neighboring homes are partially mitigated. d. The Director may waive the front yard tree based on a report from an internationally certified arborist citing conflict with existing mature trees. N. Design Review Findings. -34- Ordinance No. 10 -2056 1. Findings. The Design Review Committee may approve a design review application for two -story development only upon making all of the findings below: a. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code. b. The granting of this permit will not result in detrimental or injurious conditions to property or improvements in the vicinity, or to the public health, safety or welfare. c. The project is generally compatible with the established pattern of building forms, building materials and designs of homes in the neighborhood. d. The project is consistent with the City's single- family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors. e. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible. 19.32 Residential Duplex (R -2) Zones 19.32.020 Applicability of Regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R -2 residential duplex district other than in conformance with the provisions of this chapter and other applicable provisions of this title. Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. 19.36 Multiple - Family Residential (R -3) Zones 19.36.020 Applicability of Regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a multiple - family residential (R -3) zoning district, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title. Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. 19.40 Residential Hillside (RHS) Zones 19.40.140 Exception for Development of Certain Individual Hillside Lots. A. With respect to a request for development of a legally created individual hillside lot which does not meet the development requirements contained in Sections 19.40.050D through M and 19.40.060 through 19.40.090 and 19.40.110 through 19.42.120 of this chapter, the Planning Commission shall grant an exception to allow development if the subject property cannot be merged with adjacent property pursuant to Government Code Sections 66451.10 -- 66451.21 and if the commission, based upon substantial evidence, makes all of the following findings: - 35 - Ordinance No. 10 -2056 1. The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 2. The proposed development will not create a hazardous condition for pedestrian or vehicular traffic. 3. The proposed development has legal access to public streets and public services are available to serve the development. 4. The proposed development requires an exception which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel. 5. All alternative locations for development on the parcel have been considered and have been found to create greater environmental impacts than the location of the proposed development. 6. The proposed development does not consist of structures on or near known geological or environmental hazards which have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. (See General Plan Policies 2 -49.) 7. The proposed development includes grading and drainage plans which will ensure that erosion and scarring of the hillsides caused by necessary construction of roads, housing sites, and improvements will be minimized. (See General Plan Policies 2 -53, 2 -54 and 2 -57.) 8. The proposed development does not consist of structures which would disrupt the natural silhouette of ridgelines as viewed from established vantage points on the valley floor unless either: a. The location of a structure on a ridgeline i s necessary to avoid greater negative environmental impacts; or b. The structure could not otherwise be physically located on the parcel and the size of the structure is the minimum which is necessary to allow for a reasonable use of the parcel. (See General Plan Policies 2 -46, 2 -47 and 2 -48.) 9. The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which are designed in such a manner as to reduce the effective visible mass, including building height, as much as possible without creating other negative environmental impacts. (See General Plan Policies 2 -46, 2 -50, 2 -51 and 2 -52.) 10. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible there from), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. (See General Plan Policies 2 -55, 5 -14 and 5 -28.) 11. The proposed development includes a landscape plan which retains as many specimen trees as possible, which utilizes drought- tolerant native plants and ground covers consistent with - 36 - Ordinance No. 10 -2056 nearby vegetation, and which minimizes lawn areas. (See General Plan Policies 2 -54, 5 -15 and 5 -16.) 12. The proposed development confines solid fencing to the areas near a structure rather than around the entire site. (See General Plan Policy 5 -17.) 13. The proposed development is otherwise consistent with the City's General Plan and with the purposes of this chapter as described in Section 19.40.010. B. An application 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, no part of which shall be refundable, to the applicant. Upon receipt of an application for an exception, the Director shall issue a Notice of Public Hearing before the Planning Commission for an exception under this chapter in the same manner as provided in Section 19.120.060 (relating to zoning changes). .After a public hearing, and consideration of the application in conjunction with the mandatory findings contained in subsection A above, the Planning Commission shall approve, conditionally approve or deny the application for an exception. The decision of the Planning Commission may be appealed to the City Council as provided in Section 19.136.060. C. An exception which has not been used within two years following the effective date thereof, shall become null and void and of no effect unless a shorter time period shall specifically be prescribed by the conditions of such permit or variance. An exception permit shall be deemed to have been "used" in the event of the erection of a structure or structures when sufficient building activity has occurred and continues to occur in a diligent manner. D. In addition to any other remedies, the City Attorney is authorized to commence and maintain a civil action to enforce the provisions of this chapter or any conditions attached to the granting of any permit or exception granted under this chapter. E. Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. 19.44 Residential Single - Family Cluster (R1 -C) Zones 19.44.020 Applicability of Regulations. A. The requirements of this chapter, unless waived or modified, must be met with respect to all real properties intended to be developed as, cr converted to, a single - family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums. B. The requirements of this chapter can be waived or modified if the Planning Commission and City Council make any one of the following findings: 1. Although one or more specific standards cannot be complied with because of property size constraints, existing building morphology, topographical problems, or other conditions beyond the control of the property owner /developer, the proposed project substantially complies with the general standards contained within this chapter; -37.. Ordinance No. 10 -2056 2. That the proposal provides for low- moderate income and senior citizen housing in a manner consistent with the housing element of the General Plan. C. Compliance with the requirements of this chapter does not relieve the owner or developer of property intended to be included in a single - family residential cluster zone from complying with all other applicable City ordinances or conforming to the provisions of the City's General Plan. D. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the following provisions; except that uses, buildings and structures lawfully in existence at the time this chapter takes effect may remain as long as no alterations take place (except those alterations permitted by Santa Clara Ordinance NS- 1200, Section 30, as it existed on October 10, 1955, which has been adopted by the City of Cupertino). E. Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. INTRODUCED at a regular meeting of the Cupertino City Council this 6th day of April, 2010, and ENACTED at a regular meeting of the Cupertino City Council this 20th day of April 2010, by the following vote: AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ,7 City Clerk a or, City of Cut rtino - 38 - STATE OF CALIFORNIA ) COUNTY- OF SANTA CLARA ) CITY OF CUPERTINO ) I, KIMBERLY SMITH, City Clerk and ex- officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. 10- 2056, which was enacted on April 20, 2010, and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF, I have hereunto set my hand and seal this 25th day of August 2010. KIMBERLY SMI H, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California certificate