2010 S-25 CUPERTINO, CALIFORNIA
Instruction Sheet
2010 S -25 Supplement
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Title Page Title Page
TITLE 2: ADMINISTRATION AND PERSONNEL
9, 10 9, 10
37, 38 37, 38
63 through 66 63 through 66
TITLE 9: HEALTH AND SANITATION
39, 40 39, 40
TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING
1 through 18 1 through 18
27 through 34 27 through 34
43,44 43,44
TITLE 16: BUILDING AND CONSTRUCTION
3, 4 3, 4
45, 46 45, 46
TITLE 18: SUBDIVISIONS
27, 28 27, 28
TITLE 19: ZONING
1,2 1,2
7, 8 7 through 8B
13 through 16 13 through 16
19, 20 19, 20
23, 24 23, 24
27 through 30 27 through 30
35 through 52 35 through 52
57 through 64 57 through 64
68A, 68B
Cupertino Instruction Sheet 2
REMOVE OLD PAGES INSERT NEW PAGES
TITLE 19: ZONING (Cont'd)
73 through 76 73 through 76
81, 82 81, 82
99 through 102 99 through 102
115 through 118 115 through 118
121, 122 121, 122
129, 130 129, 130
137, 138 137, 138
141 through 142B 141 through 142B
147 through 150 147 through 150
155 through 158 155 through 158
Comprehensive Ordinance List
39, 40 39, 40
Index
17, 18 17, 18
37, 38 37, 38
41 through 46 41 through 46
JBS 7/2010
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
2010 S -25 Supplement contains:
Local legislation current through Ordinance 2062, passed 6 -9 -2010
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588
2.08.010
CHAPTER 2.08: CITY COUNCIL -- RULES AND CONDUCT OF MEETINGS*
Section
2.08.010 Adoption of rules. minimum or maximum interim period between the setting of
2.08.030 Petition- Defined. said time and the holding of such public hearing. (Ord. 673,
2.08.040 Petition - Hearing notice. (part), 1975; Ord. 49, § 2, 1958)
2.08.070 Petition- Exception.
2.08.080 Method of presenting matters to Council. 2.08.070 Petition - Exception.
2.08.090 Order of business. Sections 2.08.030 through 2.08.070 shall not apply to
2.08.095 Reconsideration. any petition in which there is a prescribed method of
2.08.096 Reconsideration - Sought by interested publication or notice pursuant to law or any other ordinances
person. of this City. (Ord. 49, § 5, 1958)
2.08.100 Written communications.
2.08.105 Oral communications. 2.08.080 Method of Presenting Matters to Council.
2.08.110 Reports of officers and official bodies. A. Every official, board, commission or other body,
2.08.130 Discussion procedure. connected with the City government, and every citizen,
2.08.135 Designation of signators for official individual, corporation, committee or civic group, having
documents. any reports, communications or other matters to be
2.08.140 Violation - Penalty. presented at a City Council meeting, shall be referred to the
* For statutory provisions authorizing the City City Clerk in writing before nine a.m. of the sixth day
Council to establish rules for the conduct of its (Sunday included) preceding the day of such meeting for it
proceedings, see Gov. Code § 36813. to be given consideration as an item of agenda business.
B. The City Clerk shall prepare an agenda setting
forth such matters and the nature thereof under their
2.08.010 Adoption of Rules. appropriate headings, and setting forth all other matters to
The City Council may adopt from time to time such come before such meeting under their appropriate headings,
rules of procedure as it may deem necessary to properly all under the headings in order specified in Section
exercise its powers and duties. Such rules shall become 2.08.090. The City Clerk shall, preceding such meetings,
effective upon a majority vote of the Council and shall be cause one copy thereof to be delivered to each member of
kept on file with the City Clerk and a copy thereof shall be the City Council and shall make such other copies available
exhibited to any person upon request. (Ord. 6, § 1, 1955) for public review as is consistent with State law. (Ord.
1697, (part), 1995; Ord. 1292, 1984; Ord. 822, 1977; Ord.
2.08.030 Petition - Defined. 673, (part), 1975; Ord. 389, § 3.4, 1968)
For the purpose of Sections 2.08.030 through
2.08.070, a "petition" means any written communication 2.08.090 Order of Business.
signed with multiple signatures and which is delivered to the A. The City Council of the city ordains that the order
City Clerk for the attention of the City Council. Such of business at each regular meeting of the City Council shall
petitions so received will be processed in the same manner be as follows:
as written communications. (Ord. 673, (part), 1975; Ord. 1. Pledge of allegiance;
49, § 1, 1958) 2. Roll call;
3. Ceremonial matters - presentations;
2.08.040 Petition - Hearing Notice. 4. Postponements;
The City Council after having received a petition may, 5. Written communications;
at its discretion, set a time for the holding of a public 6. Oral communications;
hearing thereon. Unless otherwise provided by law or any 7. Consent calendar;
other ordinances of this City, there shall be no prescribed 8. Items removed from the consent calendar;
9. Public hearings;
9
2.08.090 Cupertino - Administration and Personnel 10
10. Unfinished business; 2.08.096 Reconsideration — Sought by Interested Person.
11. New business; A. The City Clerk shall forthwith mail all notices of
12. Ordinances; decision after the decision of the City Council. Any
13. Staff reports; interested person, prior to seeking judicial review of any
14. Council reports; adjudicatory decision of the City Council, shall file a
15. Closed session; petition for reconsideration with the City Clerk within ten
16. Adjournment. days of the date of the mailing of the notice of decision.
B. The order of business to be taken up at an Failure to file a petition for reconsideration constitutes a
adjourned meeting shall be that as deemed by the Mayor and waiver of the right to request reconsideration and the City
the City Council to be proper. Council's decision shall be final for all purposes. Upon
C. The foregoing order of business may, at any timely receipt of a petition for reconsideration, the City
regular meeting on motion duly made and carried, be Clerk shall schedule a reconsideration hearing to be
changed or suspended for the period of such meeting. commenced by the City Council no later than sixty days
D. The City Council may, in its discretion, establish after the filing of the petition. Mailed notices of the date,
time limitations for the presentation or discussion of any time and place of such hearing will be provided to all
item of business; and, may establish a time after which no interested persons at least ten days prior to the hearing. At
agenda item of business will be taken up in which case the the conclusion of the hearing for reconsideration, the City
motion for adjournment will contain the date and time for Council may affirm, reverse, or modify its original decision,
the completion of agenda business. (Ord. 1697, (part), and may adopt additional findings of fact based upon the
1995; Ord. 1561, 1991; Ord. 1457, 1988; Ord. 1393, 1986; evidence submitted in any and all city hearings concerning
Ord. 1329, 1985; Ord. 1259, 1984; Ord. 1192, 1982; Ord. the matter.
1133, 1981; Ord. 978, (part), 1980; Ord. 673, (part), 1975; B. A petition for reconsideration shall specify, in
Ord. 389, § 3.5, 1968) detail, each and every ground for reconsideration. Failure
of a petition to specify any particular ground or grounds for
2.08.095 Reconsideration. reconsideration, precludes that particular omitted ground or
A. The Council may, at any time before adjournment grounds from being raised or litigated in a subsequent
of any council meeting, determine to reconsider an item of judicial proceeding.
business previously acted upon at that council meeting. A The grounds for reconsideration are limited to the
motion to reconsider may only be made by a councilmember following:
who was a member of the prevailing majority voting on the 1. An offer of new relevant evidence which, in the
item. A motion to reconsider may be seconded by any exercise of reasonable diligence, could not have been
councilmember. produced at any earlier city hearing.
B. If a motion for reconsideration prevails, the 2. An offer of relevant evidence which was
Council is then free to reconsider the item either at the same improperly excluded at any prior city hearing.
Council meeting or at any other Council meeting established 3. Proof of facts which demonstrate that the City
by the Council; provided, however, that the Council shall Council proceeded without, or in excess of its, jurisdiction.
not reconsider an item at the same Council meeting, in the 4. Proof of facts which demonstrate that the City
following instances: Council failed to provide a fair hearing.
1. Any action involving a public hearing which has 5. Proof of facts which demonstrate that the City
been closed; Council abused its discretion by:
2. Any action, including appeals, regarding a zoning a. Not preceding in a manner required by law;
matter, planned development permit, use permit, subdivision and /or
map approval, variance, architectural and site approval or b. Rendering a decision which was not supported by
sign exception; findings of fact; and /or
3. Any action involving the granting, modification c. Rendering a decision in which the findings of fact
or revocation of any permit issued by the City; were not supported by the evidence.
4. Any action which is quasi-judicial in nature. C. A petition for reconsideration is subject to a
C. In such cases, the Council shall reconsider the reconsideration fee as prescribed by resolution of the City
item at another council meeting date established by the Council. At the conclusion of the reconsideration hearing,
Council and shall direct the City Clerk to provide the City Council may, in its sole discretion, refund all, or a
notification to the relevant parties or the general public, as portion, of the reconsideration fee. (Ord. 2027 § 1, 2008;
the case may be. (Ord. 2056, (part), 2010; Ord. 1697, Ord. 2008, 2007; Ord. 1807, § 1, 1999)
(part), 1995; Ord. 1378, § 1, 1986)
2010 S -25
CHAPTER 2.48: DEPARTMENTAL ORGANIZATION
Section
2.48.010 Purpose. a. Planning Division. This division shall be
2.48.020 Departments and divisions. responsible for current and long -range planning, the
2.48.030 Authority of City Manager. development and maintenance of the general plan and
specific plans, and the processing of applications for planned
development permits, use permits, variances, and changes
2.48.010 Purpose. of zoning, and the sign ordinance.
The purpose of this chapter is to provide for a more b. efficient organizational structure for the City, to designate responsible B for the enforcement of the building codes, the
its departments and divisions, and to describe their sign ordinance and other similar regulatory ordinances.
functions. (Ord. 484, § 1, 1971) 2. The Director of Community Development shall be
the head of this department, with the Building Official being
2.48.020 Departments and Divisions. responsible for activities within the Building Division.
The following departments are established: C. Department of Public Works.
A. Department of Administrative Services. 1. This department shall have the following
1. This department shall consist of the following divisions:
divisions:
a. Engineering and Administrative Division. This
a. City Clerk Division. This division shall be division shall be responsible for providing engineering
charged with the duties and responsibilities of a City Clerk services and general administration for the Department of
as set forth by State statute and Chapter 2.20 of the Public Works.
Municipal Code. b. Street Maintenance Division. This division shall
b. Finance Division. This division shall be be responsible for the maintenance of all streets, storm
responsible for the day -to -day processing of fiscal records, drains, street lights, sidewalks, curbs, gutters, easements
the preparation of financial statements and the annual and medians.
operating budget, the compilation of fiscal data from which
c. Facilities and Water Division. This division shall
a capital improvements budget may be constructed, and the be responsible for all buildings, and the operation and
preparation of other statistical and fiscal analysis. Y maintenance of the water utility.
c. Human Resources Division. This division shall d. Parks Division. This division shall be responsible
be responsible for code enforcement, personnel, disaster for the maintenance of all park sites and the leased school
preparedness, risk management and special projects. sites.
2. The Director of Administrative Services shall be
e. Traffic Division. This division shall be
head of this department, with the City Clerk being responsible for the design and maintenance of transportation
responsible for the activities within the City Clerk Division, facilities and the operation and maintenance of the city's
the Finance Officer being responsible for the activities traffic signals.
within the Finance Division, and the Personnel Officer being 2. The Director of Public Works shall be the head of
responsible for activities within the Human Services this department.
Division. D. Department of Parks and Recreation.
3. The Director of Administrative Services also shall
be appointed Treasurer and also shall act as ex officio 1 • This department shall be responsible for:
All recreational programs and services sponsored
Assessor and shall assess and collect all City taxes save and by the Cit y; except for those collected by State and County officers for b. Management of all recreation facilities including
the City. _
B. Department of Community Development. and Monta Vista Recreation Cen er; Center, Senior Center,
1. This department shall have the following c. Operation and management of Blackberry Farm
divisions: golf course and picnic grounds;
2010 S -25 37
2.48.020 Cupertino - Administration and Personnel 38
d. Planning and development of existing and future
park sites.
2. The Director of Parks and Recreation shall be the
head of this department.
E. Department of Public Safety.
1. This department shall be responsible for law
enforcement and fire protection services. However, since
these services are presently contracted for or provided by a
special district, this department shall not be implemented,
and the Director of Public Safety shall not be appointed,
until the City Council, by appropriate ordinance, resolution,
or other action, determines to administer its own law
enforcement and/or fire protection services.
2. The Director of Public Safety shall be the head of
this department. He shall also be appointed Chief of Police
and Fire Chief. (Ord. 2056, (part), 2010; Ord. 1697,
(part), 1995; Ord. 1678, 1995; Ord. 1623, 1993; Ord.
1480, 1989: Ord. 1065, 1980; Ord. 484, § 2, 1971)
2.48.030 Authority of City Manager.
All department heads, without limitation, shall be
appointed by, and responsible to, the City Manager. The
City Manager shall have authority to eliminate any division,
to add new divisions, to alter their functions, and to reassign
personnel from one division or department to another
division or department. (Ord. 484, § 3, 1971)
2010 S -25
2.86.010
CHAPTER 2.86: HOUSING COMMISSION*
Section
2.86.010 Established - Composition. institution and the business represented must be located in
2.86.020 Members - Residency - Selection. Cupertino. The three community members must be
2.86.030 Terms of office.
residents of Cupertino.
2.86.040 Members - Vacancy prior to expiration of a
term. B• In selection of community members, the City
2.86.050 Chairperson. Council may give priority to:
2.86.060 Meetings. 1. Applicants who represent the Community
Development Block Grant (CDBG) target areas as described
2.86.070 Compensation - Expenses.
2.86.080 Majority vote required. in the city's Consolidated Plan.
2.86.090 Records. 2. Applicants who are familiar with the operation of
2.86.100 Duties - Powers - Responsibilities. affordable housing;
3. Applicants who represent non-profit community
2.86.110 City staff assistance.
2.86.120 Procedural rules. organizations; and
2.86.130 Effect. 4. Applicants who are knowledgeable about the
housing needs of groups targeted for affordable housing
development which include, but are not limited to, the
* Editor's note: The title of this chapter was following:
amended from Housing Committee by Ord. 1
1892, and from Affordable Housing Committee 2. Seniors,
by Ord. 1722. Single parent families,
3. Homeless persons,
4. Families of low income,
2.86.010 Established- Composition. 5. Disabled persons,
A. The Housing Commission of the City is 6. Renters,
established. The Housing Commission shall consist of five Ord. 1892, First p time 2002; Ord. 1722, p 062, (part), Ord
members as follows: (part), 2002; Ord. 1722, (part), 1996; Ord.
1. Representative from a Cupertino financial 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
institution,
2.86.030 Terms of Office.
2. Representative from a Cupertino business,
A. Housing commissioners serve at the pleasure of
3. Three community members, the City Council. The term of office of the B. The representatives from a financial institution, Housing Commission shall e for four years commencing on
Cupertino business, and the community members shall not the date of their respective appointments to the Housing
be officials or employees of the City, nor cohabit with, as Commission or its predecessor Commission and shall end on
defined by law, nor be related by blood or marriage, to any January 30th of the year their terms are due to expire. No
member of the Commission, the City Manager or the staff member shall serve more than two consecutive terms except
person(s) assigned to this Commission. that a member may serve more than two consecutive terms
C. The Director of Community Development, or his if he or she has been appointed
or her designee, shall provide technical assistance to the unexpired term of less than two years. ission to fill an
Commission. (Ord. 2062, (part), 2010; Ord. 1892, (part), B. The appointment, 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; governing incumbent members of the Housing Commission
Ord. 1576, § 1 (part), 1992)
are governed by Resolution No. 8357 of the Cupertino City
2.86.020 Members- Residency- Selection. Council. (Ord. 2062, (part), 2010; Ord. 1974, § 3, 2006;
A. Housing Committee members who are O�1 1892, (part), 2002; Ord. 1722, (part), 1996; Ord.
representatives of a financial institution or a business are not ' § (part), 1994; Ord. 1576, § 1 (part), 1992)
required to be Cupertino residents, but the financial
63
2010 S -25
2.86.040 Cupertino - Administration and Personnel 64
2.86.040 Members - Vacancy Prior to Expiration of a A. To assist the Planning Commission and the City
Term. Council in developing housing policies and strategies for
If a vacancy occurs other than by expiration of a term, implementation of general plan housing element goals;
it shall be filled by the City Council's appointment for the B. To recommend policies for implementation and
unexpired portion of the term. (Ord. 2062, (part), 2010; monitoring of affordable housing projects;
Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. C. To facilitate innovative approaches to affordable
1576, § 1 (part), 1992) housing development and to generate ideas and interest in
pursuing a variety of housing options;
2.86.050 Chairperson. D. When requested by the Director of Community
The Chairperson and Vice Chairperson shall be elected Development or the City Council, to make recommendations
from among Commission members. Terms shall be for one to the Planning Commission and the City Council regarding
year. (Ord. 2062, (part), 2010; Ord. 2015, § 4, 2008; Ord. affordable housing proposals in connection with applications
1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, for development including, but not limited to,
§ 1 (part), 1992) recommendations for possible fee waivers, other incentives,
the number and type of affordable units and the target
2.86.060 Meetings. groups to be served. Any referral to the Housing
A. The Housing Commission shall establish a regular Commission shall be limited to consideration of affordable
time and place of meeting and rules of conduct thereof and housing proposals which exceed normal housing
shall hold at least one regular meeting each quarter. requirements under the applicable provisions of the City's
B. A majority of the Housing Commission shall general plan or ordinances related thereto;
constitute a quorum for the purpose of transacting the E. To make recommendations regarding requests for
business of the Commission. (Ord. 2062, (part), 2010; Ord. money from the CDBG and Affordable Housing Funds;
1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, F. To provide information about affordable housing;
(part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 G. To meet with neighborhood, community, regional
(part), 1992) and business groups as necessary to receive input and assist
in generating affordable housing;
2.86.070 Compensation - Expenses. H. To help identify sources of funds to develop and
Members shall serve on the Housing Commission build affordable housing;
without compensation. (Ord. 2062, (part), 2010; Ord. I. To perform any other advisory functions
1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, authorized by the City Council. (Ord. 2062, (part), 2010;
(part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord.
(part), 1992) 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.86.080 Majority Vote Required. 2.86.110 City Staff Assistance.
A majority vote of the quorum is required to approve The Housing Commission shall have available to it
a recommendation on any matter that is presented to the such assistance of City staff as may be required to perform
Commission which requires a vote. (Ord. 2062, (part), its functions, the staff assignments and administrative
2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; procedures to be under the general direction and supervision
Ord. 1576, § 1 (part), 1992) of the Director of Community Development. (Ord. 2062,
(part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part),
2.86.090 Records. 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part),
The Commission shall keep an accurate record of its 1992)
proceedings and transactions and shall render such reports
to the City Council and Planning Commission as may be 2.86.120 Procedural Rules.
required. (Ord. 2062, (part), 2010; Ord. 1892, (part), The Housing Commission may adopt from time to time
2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), such rules of procedure as it may deem necessary to
1992) properly exercise its powers and duties. Such rules shall be
kept on file with the chairperson of the Housing
2.86.100 Duties - Powers - Responsibilities. Commission, the Mayor, and the City Clerk, and a copy
The powers and functions of the Housing Commission thereof shall be furnished to any person upon request. (Ord.
shall be as follows: 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722,
(part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1
(part), 1992)
2010 S -25
65 Housing Commission 2.86.130
2.86.130 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any powers of the City Council, Planning
Commission or City officers. (Ord. 2062, (part), 2010;
Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord.
1576, § 1 (part), 1992)
2010 S -25
9.20.010
CHAPTER 9.20: OFF -SITE HAZARDOUS WASTE FACILITIES
Section
9.20.010 Purpose. authority granted to local government agencies under the
9.20.020 Applicability. California Health and Safety Code. (Ord. 1555, Part 1 § 1,
9.20.030 Defmitions. 1991)
9.20.040 Application procedure.
9.20.050 Notice of intent- Newspaper publication. 9.20.020 Applicability.
9.20.060 Consistency with general plan. A. General. The specific requirements of this
9.20.070 Public hearing by OPA. chapter are applicable to the siting and development of
9.20.080 Local application for land use approval. hazardous waste treatment, storage, transfer and disposal
9.20.090 Appointment of Local Assessment facilities as defined in Section 9.20.030 of this chapter.
Committee. B. Exceptions. The provisions of this chapter shall
9.20.100 Environmental assessment. not apply to permanent on -site hazardous waste management
9.20.110 Public hearing by Planning Commission. facilities at locations where hazardous waste is produced,
9.20.120 Final decision. and which are owned by, leased to, or are under the control
9.20.130 Appeal. of the producer of the waste.
9.20.140 Application requirements. C. State License Required. All hazardous waste
9.20.150 Health and safety assessment. management facilities regulated by this chapter shall require
9.20.160 Risk assessment. state Licensing prior to installation and operation. The
9.20.170 Emergency contingency plan. ro ect sponsor shall assume all res onsibili
9.20.180 Closure plan. P � P P ty in connection
with obtaining licenses and entitlements from all other
9.20.190 Monitoring plan. agencies having jurisdiction over such facilit
9.20.200 Siting criteria response. Part 2 §§ 1 -3, 1991) Y• (Ord. 1555,
9.20.210 Hearing notification list - Mailing labels.
9.20.220 Consistency requirement. 9.20.030 Definitions.
9.20.230 LAC - Appointment Membership. Unless otherwise stated, the following definitions
9.20.240 LAC - Duties and responsibilities. pertain to this chapter:
9.20.250 LAC - Funding. A. "Applicant" means any person, agent, firm or
9.20.260 OPA assistance.
entity applying to the City for a permit or a land use decision
9.20.270 Sunset clause. concerning a specified hazardous waste facility, or as
9.20.280 Public hearings- Notification. otherwise defined under the term "proponent" contained in
9.20.290 Criteria for the siting of transfer, California Health and Safety Code, Section 25199.1(i).
treatment or incineration facilities. B. "City" means the City of Cupertino, a California
9.20.300 Use of permit. municipal corporation.
9.20.310 Penalties. C. "County" means the county of Santa Clara,
California.
9.20.010 Purpose. D. "Director" means the Director of Community
of the
The purpose of this chapter is to establish uniform or designee nthereof. City of Cupertino, or authorized agent
standards, land use regulations and a permit review process E. "Governor's Appeal Board" means a panel
for controlling the location, design, maintenance and safety formed to review the appeal by an applicant, as defined
of off -site hazardous waste treatment, storage, transfer and herein, of a specific hazardous waste facility land use
disposal facilities. This chapter is intended to implement the application denied by the City, or of one or more conditions
City's policies concerning hazardous waste management, as of approval attached to any offsite hazardous waste facility
contained in the public health and safety element of the land use decision, or an appeal brought by an interested
general plan, and is enacted in accordance with the statutory person, as defined herein, for review of any hazardous
39
9.20.030 Cupertino - Health and Sanitation 40
waste facility land use decision on the grounds that the M. "Office of Permit Assistance (OPA)" means the
conditions imposed therein do not adequately protect the State of California Office of Permit Assistance.
public health, safety and welfare. The Governor's Appeal N. "Office of Planning and Research (OPR)" means
Board membership, purpose and procedures are defmed m the State of California Governor's Office of Planning and
the California Health and Safety Code, Sections 25199.9 Research. (Ord. 2056, (part), 2010; Ord. 1555, Part 3,
through 25199.14. 1991)
F. "Hazardous waste" means a waste, or
combination of wastes, which because of its quantity, 9.20.040 Application Procedure.
concentration, toxicity, corrosiveness, mutagenicity, The following steps identify the actions to be taken for
flammability or physical, chemical or infectious processing of an application for an off -site hazardous waste
characteristics may cause or significantly contribute to an facility, by the applicant, State and City. (Ord. 1555, Part
increase in mortality or serious, irreversible or 4 (part), 1991)
incapacitating illness, or pose a substantial present or
potential hazard to human health or the environment when 9.20.050 Notice of Intent — Newspaper Publication.
improperly treated, stored, transported or disposed of, or A. At least ninety days prior to filing an application
otherwise mismanaged. with the City for a land use decision for an offsite hazardous
G. "Health and safety assessment" means a technical waste facility, the applicant shall file with the Office of
and environmental evaluation of a proposed facility site to Permit Assistance, and with the County a notice of intent
consider the physical and chemical characteristics of the (NOI) to make application.
specific types of wastes that would be processed in the B. The City shall publish a notice in the Cupertino
facility. The assessment shall include all content described Courier, the official newspaper of general circulation in the
in Sections 9.20.140- 9.20.220 of this chapter. City, that an NOI has been filed, and summarizing the
H. "Immobile population" means persons present in scope, intent and location of the project. The City shall also
schools, hospitals, convalescent homes, prisons, facilities notify by direct mail owners of property contiguous to the
for the mentally ill, and other similar facilities. proposed location of the facility, as said owners are listed on
I. "Interested person" means any individual or the latest equalized assessment roll. The City shall collect
group of persons who participated in one or more public a fee from the applicant equal to the cost of notification
hearings held to consider an application for a land use required by this section. (Ord. 1555, Part 4 § 1, 1991)
decision for a specific hazardous waste facility.
"Participation," for purposes of this definition, shall 9.20.060 Consistency with General Plan.
include, but not be limited to, attendance at, giving of A. Within forty -five days of receiving the NOI, the
testimony at, or submission of written or verbal questions at City shall issue to the applicant and to OPA a written
a meeting or hearing concerning said application. determination that the proposed application is or is not
J. "Land use decision" means a discretionary consistent with the Cupertino general plan, and with the
decision given by the City concerning a specific hazardous Santa Clara County hazardous waste management plan.
waste facility including the approval of a change of zone, Said determination shall be made following a public hearing
planned development. before the Planning Commission and City Council, in
K. "Local Assessment Committee (LAC)" means a accordance with the provisions of Section 9.20.280 of this
committee of locally appointed representatives whose chapter.
membership, duties and mission are defmed in California B. If the city determines that the application is
Health and Safety Code, Section 25199.7(d), and as inconsistent with either the Cupertino general plan or the
described in Sections 9.20.230- 9.20.270 of this chapter. Santa Clara County hazardous waste management plan, the
L. "Off -site hazardous waste facility" means any applicant shall be advised in writing of the specific issue(s)
structure(s), other appurtenances or improvements on the of inconsistency. The applicant may elect to modify the
land, and all contiguous land serving more than one application and refile the NOI with the Office of Permit
producer of hazardous waste and used for the treatment, Assistance, to withdraw the application, or to proceed with
transfer, storage, resource recovery, disposal or recycling the application in its original form. Should the applicant
of hazardous waste, including but not limited to: elect to proceed with a project which is found to be
1. Chemical oxidation facility; inconsistent with the general plan, such determination may
2. Incineration facility; be used as the basis for denial of a City land use application
3. Neutralization/precipitation facility; at a subsequent hearing, even if said application is
4. Stabilization/solidification facility; determined to be otherwise complete in accordance with the
5. Transfer /storage facility. requirements of Sections 9.20.140- 9.20.220 of this chapter.
(Ord. 1555, Part 4 § 2, 1991)
2010 S -25
TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING
Chapter
14.04 Street Improvements
14.05 Park Maintenance Fee
14.08 Obstruction of Streets
14.12 Trees
14.15 Landscaping Ordinance
14.18 Protected Trees
14.20 Underground Utilities- Conversions
14.24 Underground Utilities -New Developments
2010 S -25 1
14.04.010
CHAPTER 14.04: STREET IMPROVEMENTS*
Section
14.04.010 Definitions. 14.04.250 Chapter conformance required.
14.04.020 Application. 14.04.260 Violation - Nuisance.
14.04.030 General purpose and intent. 14.04.270 Violation - Utility connection denial.
14.04.040 Requirements - General. 14.04.280 Violation - Penalty.
14.04.050 Dedication - Time - Purpose. 14.04.290 Cumulative remedies.
14.04.060 In -lieu payments and deferred
agreements. * See Title 16, Buildings and Construction. Prior
14.04.070 In -lieu payments - Purpose Deferral ordinance history: Ord. 546 as amended by
of payments by the City. Ord. 564; Ord. 776.
14.04.080 Deferred
agreements - Purpose- Deferral of
improvements by the City. 14.04.010 Definitions.
14.04.090 Interim street improvement- Certain A. "Deferred agreement" means a written agreement
areas - Purpose. between permittee and the City whereby the permittee
14.04.100 Credit - Purpose. agrees, upon six months written notice given by the City, to
14.04.110 Improvements installed prior to install improvements as may be required under this chapter
permit- Imposition of street in an unimproved street adjacent to the property for which
improvement reimbursement the permit is being sought. Said agreement shall include a
charges, cost of land and interest. provision making the obligation of the permittee a covenant
14.04.120 Rules and regulations. running with the land binding future property owners and
14.04.125 Rules and regulations for shall be recorded in the office of the County Recorder. In
installation, modification or removal cases where the permittee is not the owner of the subject
of traffic diverters. property, both the permittee and the owner shall be required
14.04.130 Dedication - Requirements. to execute the agreement. Performance of its obligation
14.04.140 Required improvement and under a deferred agreement to install improvements shall,
dedication as determined by class of unless earlier demand is made by the City, be accomplished
street. by the permittee, or his successor in interest, no later than
14.04.150 Credits -Prior improvements. fifteen years from the execution of the agreement.
14.04.160 Preceding permit- Conditions. B. "In -lieu payment" means a payment of money to
14.04.170 Installation agreement- Bond -Other the City by a permittee in lieu of the permittee's obligation
security to install street improvements as required in the chapter. No
14.04.175 Reimbursement agreement. part thereof shall be subject to refund to the permittee.
14.04.176 Disposition of street improvement C. "Installation agreement" means a written
reimbursement charge revenues. agreement between permittee and the City whereby the
14.04.180 Payment in lieu of permittee agrees, in lieu of installing street improvements
improvement- Schedule. required under this chapter on or before the date of issuance
14.04.190 Checking, inspection and other fees. of the permit, to install said improvements within one year
14.04.200 Standard specifications. of the date of the agreement's execution, unless extended by
14.04.210 Street and highway widths. the parties for good cause. Said agreement may provide for
14.04.220 Legal description required. such other covenants or conditions as may be desirable to
14.04.230 Exceptions. accomplish the purposes of this chapter, including, but not
14.04.240 Appeals. limited to, the following:
:S
14.04.010 Cupertino - Streets, Sidewalks and Landscaping 4
1. No work shall be undertaken by the permittee driveways, sidewalks, street trees, street signs, water lines,
until all plans and specifications have been submitted to the fire hydrants, retaining walls, pavement, storm sewers,
City Engineer and approved by him in writing, and that all sanitary sewers, or street lights. (Ord. 2056, (part), 2010;
of said improvements shall be constructed under, and subject Ord. 1652, § 1, 1994; Ord. 1094, (part), 1981)
to, inspection by the City Engineer;
2. That it shall bind the heirs, administrators, 14.04.020 Application.
executors, successors, assigns and transferees of the Nothing contained in this chapter shall be construed to
permittee, and shall run with the land; apply to a subdivision of land, as the term "subdivision" is
3. For guarantee of improvement from defects, defined in the Subdivision Map Act of the State of
damages or imperfections due to, or arising from, faulty California; nor shall anything contained in this chapter be
materials or workmanship for a period of one year, construed to limit the power of the City to require the
4. For indemnification of the City and public installation of street improvements as a condition to approval
liability insurance protecting the City from liability arising of any tentative subdivision map under the provisions of the
from, or in connection with, said improvements; and, Subdivision Map Act of the State of California or the City's
5. For specification of such other matters as may be Subdivision Ordinance. (Ord. 1094, (part), 1981)
required of the permittee pursuant to the provisions of this
chapter, or as may be reasonable and necessary to carry out 14.04.030 General Purpose and Intent.
the purposes and intent of this chapter. In enacting this chapter, the City Council finds that,
Said agreement to install improvements shall be prior to the rapid expansion of the area in which the City is
secured as provided in Section 14.04.170 and may be located, and of the area comprising the City, the streets and
recorded in the office of the County Recorder. highways within the City were adequate for its needs.
D. "Parcel of land" means a parcel of land as shown However, since the rapid expansion, the City has
on the latest assessment map of the Assessor of the County experienced increases in population and land development,
of Santa Clara. the direct result of which has been to render the previously
E. "Permit" means any building permit, planned existing streets and highways inadequate in width and
development permit, use permit, or site and architectural development to provide minimum acceptable service
approval issued by the City under and pursuant to the capacity to the lands being developed, and the indirect result
provision of its ordinances. of which is to deny to the public streets and highways of
F. " Permittee" means any individual, copartnership, minimum standards for safe and convenient vehicular and
association, corporation, governmental body or unit or pedestrian access and travel. The City Council further finds
agency (other than the City), or any other entity owning or that unless measures are taken to provide for the orderly and
occupying land adjacent to any unimproved street, or systematic increase in width, capacity and improvement of
unimproved streets, in the City who is required to have a the City's streets and highways when, and as, the
building permit from the City in order to erect, construct, development of land takes place, the citizens of the City will
add to, alter, or repair any building or structure upon said suffer a condition of blight with pernicious effect upon the
land, or who is required to have a planned development economic welfare, public convenience and general
permit, use permit, or site and architectural approval. prosperity of the community. Therefore, the provisions of
G. "Person" means any individual, copartnership, this chapter are intended to define the requirements, policies
association, corporation, governmental body or unit, or and procedures for the acquisition of public streets and
agency (other than the City), or any other entity. highways and public easements, and for the construction of
H. "Reimbursement agreement" means a written public improvements, in connection with the development of
agreement with the City whereby in order to receive areas and parcels of property in order to:
reimbursement of certain street improvement costs, and as A. Ensure that lands hereafter developed are put to
a condition precedent to obtaining a building permit, planned uses compatible with their surrounding areas, and which
development permit, use permit or site and architectural uses will not unduly adversely affect other persons, or land,
approval; the permittee shall enter into. or the general public;
I. "Unimproved street" means any street or highway B. Spread the costs of required public improvements
in the City which is less in width from property line to upon the abutting properties, as contemplated by law;
property line than the width prescribed in Title 18 of this C. Cause the installation of those improvements
code for the class of the particular street, or which lacks any necessary properly to serve the property developed at the
improvement required by this chapter, or other ordinances time of its development, so far as may be practicable, so that
of the City, including but not limited to curbs, gutters, the benefitting property may enjoy the use of such
improvements throughout the normal life thereof;
2010 S -25
5 Street Improvements 14.04.030
D. Protect the vested interest of the public in the 2. If sidewalk is not to be provided, the street is not
preexisting capacity of the City's streets and highways; on a recognized route to school.
E. Promote the installation of all necessary street 3. If sidewalk is not to be provided, traffic
improvements in the most economically feasible manner to conditions on the street are such that pedestrians may travel
both City and to the owners of affected parcels of land; safely along the street without a separate pedestrian
F. Protect the public safety, living standards and pathway.
common welfare of the general public. (Ord. 1094, (part) 4. There are no significant accessibility issues that
1981) will arise from lack of sidewalk or the use of alternate
sidewalk.
14.04.040 Requirements — General. 5. Waiver of streetlights or alternate streetlights
A. Any person who proposes to erect, construct, add would not contribute to an unsafe condition for traffic,
to, alter or repair any building or structure for which a pedestrian travel, or the security of the surrounding
building permit is required by the City on or upon any land neighborhood. There are no maintenance or replacement
adjacent to an unimproved street, or who seeks a planned issues with any alternate proposed.
development permit, use permit or architectural and site E. In addition, for a semi -rural designation:
approval from the City for land adjacent to an unimproved 1. Adequate drainage along the street and m the
street must improve, or agree to improve by installation surrounding area exists, or can be achieved, with alternate
agreement, said street as herein required by the installation curb and gutter or dike.
of such of the following improvements as the City Engineer, 2. At least two -thirds of the property owners along
under the provisions of this chapter, deems necessary: the affected street have signed a petition to the City
underground utilities, curbs and gutters, driveways, requesting a semi -rural designation for their street. The
sidewalk, street paving and overlay, street lights, storm petition must make it clear that streetlights may not be
sewers, sanitary sewers, street trees, street signs, water totally waived along the street, but may still be required at
lines, fire hydrants, and retaining walls, and, where larger spacings or at important locations, such as
necessary, the dedications and improvements of service intersections, along the street.
roads, facilities for off -street parking, alleys, easements for F. In addition, for a rural designation:
public utilities, drainage, sewers, walkways, watercourses, 1. Adequate drainage along the street and in the
planting strips and nonaccess facilities, and the payment of surrounding area exists, or can be achieved, without curb
park and recreation facilities acquisition and maintenance and gutter.
fees in accordance with Chapter 14.05 of the City's 2. At least two -thirds of the property owners along
Ordinance Code. Said improvements or installation the affected street have signed a petition to the City
agreements shall be a condition precedent to the issuance of requesting a rural designation for their street. The petition
any required building permit, planned development, use must make it clear that streetlights may not be totally waived
permit, or architectural approval. along the street, but may still be required at larger spacings
B. Certain local streets not covered under the hillside or at important locations, such as intersections, along the
development provisions of this Code may be of such a nature street. The petition must also make it clear that street
that the City can determine them to be eligible for modified sweeping cannot be performed on streets where there is no
street improvement standards. Developers of properties that curb and gutter.
front on unimproved or partially improved portions of such G. Alternates to standard high curb and gutter (Type
a street may apply to the City to modify the improvement A2 -6, Fig. 1 -16, City of Cupertino Standard Details) that
standards for that street by requesting that the City adopt a will typically be acceptable are roll curb (Type E, Ibid.) and
rural or semi -rural designation for that street. In the case of A.C. Dike (Type A3 -6D, Ibid.)
lots having street frontage along more than one street, a H. If no projects to which a rural or semi -rural
rural or semi -rural designation, once approved, shall apply standard would apply have occurred along a street within
only to the frontage or frontages that have been included in five years of the date that the City Council approved a rural
a successful petition for such designation. or semi -rural designation for that street, the rural or semi -
C. The City Council, upon the recommendation of rural designation will expire, and the standard improvements
the City Engineer, may approve a rural or semi -rural will again be required for the street until such time that the
designation for a street, based upon the following fmdings. City Council approves a new rural or semi -rural designation
D. For either a rural or a semi -rural street for the street by the process outlined in this section.
designation: I. Any surveys, studies, plans, profiles, etc. ,
1. Conventional improvements are not appropriate determined by the City Engineer as necessary for making
due to the character of development in the area, and
surrounding developed properties lack such improvements.
2010 S -25
14.04.040 Cupertino - Streets, Sidewalks and Landscaping 6
any of the foregoing findings for a rural or semi -rural street not fully compensate the City for the expense of making the
designation shall be the responsibility of the applicant for improvement. In order to mitigate the disparity between
such designation. improvement costs and m -lieu payments, the City shall be
J. The City will specify the form and content of required to install improvements financed by said in -lieu
petitions. payments only at such time as the City can do so on an
K. Typical "rural" and "semi- rural" street sections economical, areawide basis, rather than on an expensive
are shown in Figure 1 -11 of the City of Cupertino Standard piecemeal basis. (Ord. 1094, (part), 1981)
Details. (Ord. 2056, (part), 2010; Ord. 09 -2049, 2009;
Ord. 1925, (part), 2003; Ord. 1479, § 1, 1989; Ord. 1094, 14.04.080 Deferred Agreements - Purpose- Deferral
(part), 1981) of Improvements by the City.
Deferred agreements are intended to provide permittees
14.04.050 Dedication - Time - Purpose. who develop m certain areas an alternative method of
Real property is required to be dedicated at the time of, meeting their obligations under this chapter to install street
and as a condition precedent to, the issuance of the permit improvements. In areas where immediate installation of
sought by the permittee. The purpose of this requirement is improvements on a piecemeal basis cannot be accomplished
that unless dedication is required at the time, buildings, without creating a dangerous change in street or sidewalk
structures, or other encroachments may be placed on the grade, or a hazardous lack of street alignment, or interfering
parcel required for dedication by present or future owners with utility service, or causing disproportionate expense in
or occupants which will interfere with the dedication and the relocation of utility lines, or interfering with natural or
which will be expensive and time - consuming to remove; artificial drainage facilities and causing ponding or flooding,
various liens or encumbrances may attach to the parcel to be and where property may develop at an uneven and sporadic
dedicated between the date the permit issues and the date of rate, making it difficult, if not impossible, to determine
dedication, which will cloud title, cause delay and expense when improvements can be installed on an areawide basis,
in eliminating, and will lead to litigation. Property lines and the City Engineer, at his option, may allow the permittee to
titles will be rendered uncertain by a requirement of an execute a deferred agreement in lieu of obligations imposed
executory dedication, and clerical oversights may by Sections 14.04.040 or 14.04.070 of this chapter. (Ord.
inadvertently occur if dedication is postponed so that a 1094, (part), 1981)
dedication normally required may be overlooked, resulting
in a loss to the City as a whole, and in an unjust windfall to 14.04.090 Interim Street Improvement - Certain
one property owners. (Ord. 1094, (part), 1981) Areas - Purpose.
A. Certain areas within the City as shall be more
14.04.060 In -Lieu Payments and Deferred specifically described by resolution of the City Council,
Agreements. have the following special characteristics:
Notwithstanding the requirements of Section 1. Virtually all properties within the area are fully
14.04.040, permittee, at the option of the City Engineer, developed and application for permits from property owners
shall be allowed to make provision for the necessary street within the area will, in all likelihood, be filed with the City
improvements either at a very slow rate over a substantial period of time;
A. By in -lieu payment as defined in Section 2. Major portions of the streets in the area are of
14.04.010 (B); less than standard width and are without full street
B. By a deferred agreement as defined in Section improvements as normally required by the City;
14.04.010(A); or 3. Full street improvements, if required to be
C. By a combination of the above. (Ord. 1094, installed under the general requirements of Section
(part), 1981) 14.04.040, would be installed in a piecemeal and
uneconomic manner over an unreasonably long period of
14.04.070 In -Lieu Payments - Purpose - Deferral of time;
Payments by the City. 4. The use of in -lieu payments or deferred
In -lieu payments are intended to provide a method to agreements, as described in Sections 14.04.010(A) (B),
achieve the objectives of this chapter without the delay and 14.04.060, and 14.04.070 of this chapter, would not be
expense to the permittee attendant upon the preparation and equitable or practical due to the fact that most properties in
review of contracts, faithful performance bonds, labor and the area are unlikely to develop or redevelop for a
material bonds, insurance policies, and other requirements. substantial period of time; hence, full street improvements
However, the formula for the determination of the amount
of in -lieu payment, as specified in Section 14.04.180, does
2010 S -25
6A Street Improvements 14.04.090
installed on an economical areawide basis would be deferred B. Where street improvements have been installed by
for an unreasonable period of time; the City, or by another property owner, without cost to the
5. The streets in the area still require some interim adjoining property owner, the adjoining property owner, as
improvements to be installed within a reasonable period of a condition precedent to obtaining a permit or any
time. entitlement to use for his /her property, shall pay the City for
B. With respect to these areas, immediate installation the cost of the land at the cost to the City, or another
of full improvements shall not be required. However, the property owner, and shall pay a street improvement
permittee may elect either to make an in -lieu payment reimbursement charge for the improvements which the City,
reflecting said full improvements as provided in Section or another property owner, installed on the streets abutting
14.04.060 or to make an in -lieu payment for the installation or included in the benefitted property, in an amount equal to
of interim street improvements, as provided in Section the total improvement costs for each particular benefitted
14.04.200, and approved by the City Council, which are property as set forth in the reimbursement agreement.
less than full improvements. By electing to make an in -lieu Payments for both land and improvements shall include
payment for interim street improvements only, neither the simple interest in the amount of seven percent per year, to
permittee, nor the owner of the subject property, is relieved be calculated in the following manner:
from the later obligation of installing full improvements as 1. Land Cost. Interest to accrue from the date the
required under Section 14.04.040 as a condition precedent street improvements are accepted by the City to the date the
to a future permit, should the City Council, by resolution, street improvement reimbursement charge is paid, or if the
remove the area, or portion thereof, in which the subject land is purchased by the City for a City project, from the
parcel of land is located from the special provision of this date of purchase to the date the charge is paid;
section. (Ord. 1094, (part), 1981) 2. Improvement Cost. Interest to accrue from the
date the street improvements are accepted by the City to the
14.04.100 Credit — Purpose. date the street improvement reimbursement charge is paid,
Any person, or his successor in title, who has made or if installed by the City, from the date installation
dedications, or made or paid for improvements of the kind commenced to the date the charge is paid.
required by this chapter before the effective date of the C. Provided, however, that the interest shall be
ordinance codified in this chapter, shall receive credit waived if the adjoining property owner dedicates or has
therefor as provided in this chapter. Any person, or his dedicated to the City land necessary for the street
successor in title, who makes dedications, or makes or pays improvements, or where no such dedication is necessary.
for improvements required by this chapter, shall receive (Ord. 2056, (part), 2010; Ord. 1652, § 2, 1994; Ord. 1094,
credit therefor as provided in this chapter in the event that (part), 1981)
the land involved is subsequently included in a City
assessment district proceeding. No person shall receive a
credit in excess of the amount of dedication required or the
cost of the improvements required by this chapter. (Ord.
1094, (part), 1981)
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.
2010 S -25
7 Street :Improvements
14.04.120
14.04.120 Rules and Regulations. 2. Each request for installation, removal or
The City Engineer shall have the power to establish modification of a diverter shall be reviewed by staff, who
reasonable rules and regulations consistent with the shall prepare a written report containing the following
provisions of this chapter for the purpose of it,s information to be submitted to the City Council:
administration and enforcement. Said rules and regulation:3 a. The actions proposed and the reasons for support
shall be effective upon approval thereof by the city council . of the request For existing diverters, the report shall include
(Ord. 1094, (part), 1981) the history of the diverter, including the date of installation,
reason why it was installed, complaints received, if any, and
14.04.125 Rules and Regulations for Installation, statements of support received, if any;
Modification or Removal of Traffic b. Existing conditions in the area which would be
Diverters. affected by the proposed installation, removal or
A. Definitions. modification include, but are not limited to:
1. A "diagonal diverter" extends through the center i. Traffic volumes, patterns and speeds,
of an intersection from one corner to the opposite comer ii. Existing traffic control and traffic- control and
across an intersection forcing a turn to the right or left. traffic- management devices,
2. A "full diverter" (cul -de -sac type) is placed iii. On- street parking levels and patterns,
across both lanes of traffic and prohibits both exit from and iv. Accident data, and
entrance to a street v. Emergency - vehicle access routes
public
3. "Local street" means any street other than a and school bus routes, and other public service and delivery
major or minor collector as shown in Table 4 -B of the routes.
circulation element of the General Plan. The circulation Both the streets directly affected by the diverter and the
element calls for the deliberate discouragement of through streets which would be expected to handle diverted traffic
traffic of such streets. shall be considered. For existing diverters, the accident data
4. "Official traffic- control signs" means the signs should include an assessment of the role, if any, that the
approved by Caltrans in accordance with the California diverter may have played (both positive and negative);
Vehicle Code Section 21400. c. Design options of the diverter or diverters;
5. A "semidiverter" is placed across one lane of d. Probable impacts of the proposed installation,
traffic and prohibits entry to or exit from a street. removal or modification, including but not limited to
6. "Traffic diverter" means a roadway design impacts on the conditions described under subsection C2b of
feature which is placed upon a street or roadway in order to this section; on air pollution, fuel use, and noise; on transit
prohibit vehicular traffic from entering to or exiting from or service; on emergency - vehicle access times; on residential
both to and from any street. quality of life, and estimated costs. Both streets directly
B. Rules. affected by the diverter or diverters and the streets which
1. Traffic diverters shall be placed only on streets would be expected to handle diverted traffic shall be
under the jurisdiction of the City. considered;
2. Traffic diverters shall be placed only on local e. Staff shall request comments on the proposed
streets. diverter from the Departments of Public Safety and Planning
3. The diverter shall be in conformance with the and Community Development and the County Transit
policies of the circulation element of the General Plan. District if any routes are impacted, and shall attach these
4. Placement of diverters shall be consistent with the comments to the report;
responsibility of the City to provide for the, health and f. Alternatives to the proposed action;
safety of its citizens, including provision of emergency g. vehicle access, effective decreases in exposure to noise and the California t Env Environmental Quality Act; to comply with
pollution, and decreasing accidents and energy use. h. Staff recommendation.
5. Appropriate traffic- control signs shall be placed 3. In addition to transmitting the staff report to the
on and in the vicinity of each diverter. City Council, staff shall also send copies of the report to the
C. Regulations. initiator of the request, to neighborhood organizations in the
1. A request for installation, removal or area of the proposed action, to individuals who have stated
modification of a diverter may be initiated by the an interest in such matters, and to the County Transit
Department of Public Works or by the City Council. The District if any bus routes are impacted.
request shall specify the proposed action and state reasons 4. Notice of a public hearing shall be given pursuant
for the suggested installation, removal or modification of a to the manner set forth in Chapter 19.116 of the Cupertino
diverter. Municipal Code.
14.04.125 Cupertino - Streets, Sidewalks and Landscaping 8
5. After the close of the public hearing, the City B. Provided, however, that where there are two or
Council may order a report recommending that a diverter or more adjoining parcels of property under the same
diverters be installed or removed or modified, or that no ownership, each parcel shall be deemed to be a separate
change be made. The report shall contain written findings parcel unless the permit sought relates to the use or uses of
that the proposed action meets each of the requirements set more than one parcel, or to a building or buildings, or
forth in subsection B of this section, shall specify the effect structure or structures (including, but not limited to,
of the proposed action on traffic volume and on the health appurtenant facilities, parking facilities, front, side and rear
and safety of Cupertino citizens as outlined in subsection B4 yards) on more than one parcel. If the permit sought relates
of this section, and that the action complies with CEQA. to the use or uses of more than one parcel, or to a building
The City Council may adopt the staff report as the findings or buildings, or structure or structures (including, but not
in support of its decision. limited to, appurtenant facilities, parking facilities, front,
6. The Public Works Department shall process the side and rear yards) on more than one parcel, dedication and
appropriate environmental document. improvement shall be for the full length of the property line
7. The Director of Public Works shall submit all abutting the street for which dedication and improvement is
reports generated pursuant to these regulations to the City required for each parcel to which said permit relates.
Council. C. The permittee may be required to dedicate and
8. The City Council shall by resolution authorize the improve walkways to long blocks, or to provide access to
installation, removal or modification of any diverter. If the school, park or other public areas.
proposal is for the installation of a new diverter, then the D. When the rear or side lines of any lots border any
Director of Public Works shall review the diverter after six major or secondary street, highway or parkway, the
months of operation concerning any and report the permittee may be required to execute and deliver to the City
conclusions of operation concerning any impacts as outlined an instrument deemed sufficient by the City Attorney,
in subsection C2b of this section and report the conclusions prohibiting the right of ingress and egress to such lots across
of such review to the City Council. the sidelines of such street, highway or parkway.
D. Improvements. The Department of Public Works E. When any lots are proposed for commercial or
shall consider physical improvements for the designated industrial usage, alleys at least twenty feet in width shall be
diverters during each year's budget process. Any such dedicated at such locations as may be required by the
improvements shall be processed in the same manner as any architectural and site control committee and the City
capital improvement in the City, except that the Department Council, with adequate ingress and egress for truck traffic.
of Public Works may accept contributions in cash or in kind F. The permittee shall grant easements not less than
to provide for improvements of diverters. First priority ten feet in width for public utility and drainage purposes
shall be given to improving any diverter to enhance public along the rear lot lines, along side lot lines and along front
health and safety. Second priority for placement of physical lot lines, wherever necessary. Easements of lesser widths
improvements shall be given to diverters in order of their may be allowed after ten days' written notice to the affected
date of installation. (Ord. 1611, § 1, 1992) utility company or companies, when, at the determination of
the City Engineer, the purpose of the easement may be
14.04.130 Dedication— Requirements. accomplished by easements of lesser width, and provided
For the purpose of determining the length and width of that, in such determination, the City Engineer shall prescribe
street rights -of -way, which shall be dedicated and improved the width of such easement. Upon receipt of notice, the
under the provisions of this chapter, the following rules shall affected utility may present its objections or
apply: recommendations to the City Engineer, which shall hear and
A. Dedication and improvement shall be for the full rule upon the objections or recommendations. Dedication of
length of the property line (of the parcel for which the easements shall be for the purpose of installing utilities and
permit is sought) abutting the street for which dedication and for other public purposes, as may be ordered or directed by
improvement is required. Dedication and improvement shall the City Engineer. Underground utilities shall be required
be made for the full length of the property line of each lot or in accordance with Chapter 14.24, except where the
lots to which said building permit, planned development requirement is waived by the planning commission pursuant
permit, use permit, or site and architectural approval to an approved planned development permit and /or use
applies. In case of flag lots whose building site is accessible permit excepting or conditioning the requirement.
only via a strip providing connection to a public street, the G. The permittee shall, subject to existing water
extent of street improvement required shall consist of not rights, dedicate a right -of -way for storm drainage purposes
less than one -half the projected width of such lots measured conforming substantially with the lines of any natural water
along the adjacent street for which improvements are course or channel, stream or creek that traverses the
required;
2010 S -25
9 Street Improvements 14.04.130
development, or provide by dedication further and sufficient B. Whenever a parcel of land is brought within the
easements or construction, or both, to dispose of such jurisdiction of this chapter, and a permittee makes any
surface and stormwater. dedication of land required by this chapter or makes or pays
H. Without limitation to any other provision of this for any improvements required by this chapter, and said land
chapter, the regulations herein contained are expressly is thereafter included in a City assessment district
declared to be applicable to any lot which is abutted on more proceeding for the acquisition of land and the construction
than one side by a street, one or more of which is of some or all of the improvements of the kind required by
unimproved. The permittee shall have a separate obligation this chapter, the permittee or his successor in title shall be
for each of said streets, to the extent that one or more shall entitled to a credit against such sums as the permittee shall
be unimproved, and shall he required to install be required to pay in the City assessment district
improvements and make provision for each of said streets in proceedings as follows:
accordance with the provisions of this chapter. 1. For any land dedicated pursuant to the provisions
I. The permittee may be required to quitclaim all of of this chapter, a permittee or his successor in title shall be
his rights and interests in, and grant to the City authorization entitled to a credit equal to the value of the land as appraised
to extract water from, the underground strata lying beneath by City as of the time of the assessment proceedings (i.e.,
said tract or lot. as of the time of the appraisal of other land included in the
J. Where any dedication of land is made, and where assessment proceedings);
deemed necessary by the City Engineer, the applicant shall 2. For any improvements, except interim
furnish the City at applicant's expense, with a preliminary improvements as deemed in Section 14.04.090, actually
title report and a standard policy of title insurance issued by made pursuant to the provisions of the chapter, a permittee
a title insurance company authorized to transact a title or his successor in title shall be entitled to a credit equal to
insurance business in the state of California, in an amount to the value of the improvements as appraised by the City as of
be determined by the City Engineer, but not to exceed the the time of the assessment proceedings (i.e., as of the time
value of the land being dedicated. (Ord. 2056, (part), 2010; of the appraisal of land included in the assessment
Ord. 1094, (part), 1981) proceedings);
3. For any improvements actually paid for pursuant
14.04.140 Required Improvement and Dedication to the provisions of this chapter, a permittee or his successor
as Determined by Class of Street. in title shall be entitled to a credit equal to the amount paid
In addition to the requirements otherwise imposed by to the City, without interest;
this chapter, and not in limitation thereof, dedications and 4. Credit shall be allowed only for dedications
improvements shall be governed by the residential, actually made, or improvements actually made or actually
commercial or hillside character of the unimproved street as paid for, no credit shall be allowed for dedications or
scheduled in City Code Sections 18.16.010 through improvements which a permittee has agreed to make or pay
18.16.090 and 18.16.280 (C). (Ord. 1094, (part), 1981) for, but has not made as of the date of the resolution or
ordinance of intent to establish said district;
14.04.150 Credits -Prior Improvements. 5. In the event a permittee has agreed to make or
A. Whenever a parcel of land is brought within the pay for dedication or improvements under the provisions of
jurisdiction of this chapter, and a permittee or his this chapter, but has not made or paid for said dedication or
predecessor in title has made, or paid for, any of the improvements as of the date of the resolution or ordinance
improvements required by this chapter, by special of intent to establish said district, the permittee's contractual
assessment or otherwise, prior to the effective date of the obligation to make or pay for said dedication or
ordinance codified m this chapter, the extent of such improvements shall be terminated, but only to the extent that
improvements shall be credited against the obligation said dedication or improvements shall be required, made and
created. In estimating the value of such past improvements, completed pursuant to said assessment district proceedings;
the City Engineer's estimate of current construction costs 6. In no event shall the credit allowed exceed the
shall apply. The credit allowed for past improvements, amount which a permittee or his successor in title shall be
however, shall not exceed the cost of the improvements obligated to pay under the assessment proceedings;
required by this chapter. If a permittee or his predecessor 7. Appraisals for the purpose of determining credit
in title has made any dedication prior to the effective date of shall be made by the City, and the amount thereof shall be
the ordinance codified in this chapter, the extent of such at the sole discretion of the City and shall be binding upon
dedication shall be credited in kind against the obligation a permittee or his successor in title;
created. The credit allowed for past dedication, however, 8. The provisions of this section shall apply only to
shall not exceed the amount of dedication required by this assessment proceedings under the jurisdiction, supervision
chapter. and control of the City. (Ord. 1094, (part), 1981)
2010 S -25
14.04.160 Cupertino - Streets, Sidewalks and Landscaping 10
14.04.160 Preceding Permit — Conditions. materials required to construct said improvements. The
A. As a condition precedent to obtaining a building amount of the bonds shall be as designated by the City
permit, planned development permit, use permit, or site and Engineer. The bonds shall be executed by a surety company
architectural approval from the City under and pursuant to authorized to transact a surety business in the State of
the provisions of its ordinances, a permittee shall, in California and must be approved by the City Attorney as to
addition to meeting the other requirements of this chapter: form and by the City Engineer as to sufficiency. In the
1. Pay to the City a sum computed in accordance event that the permittee fails faithfully to perform the
with the procedure set forth in Section 14.04.100 for such covenants and conditions of the agreement, or to make any
improvements as the City or other property owner shall have payment, or any dedication of land, or any improvements
theretofore installed (e.g., curbs and gutters, driveways, therein required, the City shall call on the surety to perform
sidewalks, street paving and overlay, street lights, storm the agreement or otherwise indemnify the City for the
sewers, sanitary sewers, street trees, street signs, water permittee's failure to do so.
lines, fire hydrants, retaining walls, undergrounding of B. In lieu of a surety bond, the permittee may elect
utilities and clearing and grading); and, to secure any said agreement by depositing with the City:
2. Pay to the City such sum as the City or other 1. Cash; or,
property owner shall have paid to acquire the land upon 2. A cashier's check, or a certified check, payable
which the improvements were installed. to the order of the City; or,
B. Any permittee desiring a reimbursement for the 3. A certificate of deposit or irrevocable letters of
cost of installing improvements mandated pursuant to this credit as approved by the City Attorney.
chapter, or for the cost of the land upon which such C. The amount of said cash, checks, certificate of
improvements were installed, shall enter into a deposit, or irrevocable letters of credit, shall be as
reimbursement agreement with the City as provided in designated by the City Engineer, and shall be the equivalent
Section 14.04.175. to that which would have been required had the permittee
C. Payments hereunder shall be made prior to, or at, furnished the City with a surety bond. In the event that the
the time said permit issues. permittee fails faithfully to perform the covenants and
D. If the improvements installed by the City prior to conditions of said agreements, or to make any payment, or
the issuance of the permit are less than the improvements any dedication of land, or any improvements therein
required by, or authorized to be required by, this chapter, required, the City may apply the proceeds of said security
the permittee shall make, or agree to make, such other thereto.
improvements, all as required by this chapter. A permittee D. No release of surety bond, cash deposit, check,
who obtains his permit after improvements have been made, certificate of deposit, or irrevocable letters of credit, shall
in whole or in part, by the City or by another property be made except upon approval of the City Council.
owner, shall be required to provide (in money, or E. No interest shall be paid on any security deposited
improvements, or both) the equivalent of what he would with the City.
have been required to provide had his permit predated the F. The security for any agreement executed pursuant
improvements. (Ord. 2056, (part), 2010; Ord. 1652, § 3, to the provision of this chapter may, nevertheless, be waived
1994; Ord. 1094, (part), 1981) pursuant to the requirements of, and the procedures set forth
in Section 14.04.230. (Ord. 1094, (part), 1981)
14.04.170 Installation Agreement— Bond —Other
Security. 14.04.175 Reimbursement Agreement.
A. Whenever an installation agreement is executed A. As a condition precedent to obtaining a building
pursuant to the provisions of this chapter, the permittee shall permit, planned development permit, use permit, or site and
file with the City at the time of making said agreement a architectural approval, the permittee shall enter into a
faithful performance bond to assure his full and faithful reimbursement agreement with the City in order to receive
performance of the agreement. The penal sum of the reimbursement for the portion of street improvement costs,
faithful performance bond shall be the full cost of any including interest where applicable, in excess of the
payment to be made under the agreement; the value of any installation costs incurred for the permittee's property, or
land agreed to be dedicated, and any improvements to be for the cost of the land, upon which such improvements
made under the agreement. In the event that improvements were installed, including interest where applicable. Any
are to be made under said agreement, the permittee shall, in reimbursement to the permittee shall be paid out of the
addition to the faithful performance, file with the City at the revenues received by the City from the land reimbursement
time of making the agreement, a labor and materials bond in or street improvement reimbursement charges and interest,
a penal sum adequate to assure full payment of all labor and if any, assessed in the manner provided in Section
14.04.110.
2010 S -25
11 Street Improvements 14.04.175
B. Where the permittee at its own cost acquires land 4. A legal description and assessor's parcel number
for the installation of the required street improvements, for each benefitted property, excepting the permittee's
reimbursement to the permittee by the City for that portion property;
of the cost of land and the cost of those street improvements 5. An engineered plat depicting the street
in excess of the improvements required for the permittee's improvements and each benefitted property;
property shall include interest in an amount equal to the 6. The total street improvement costs subject to
interest received by the City from the owners of benefitted reimbursement for each particular benefitted property;
properties as provided in Section 14.04.010. 7. The City's obligation to reimburse the permittee
C. If the permittee cannot purchase or otherwise an amount from the street improvement charges assessed
acquire land necessary or the installation of the street upon benefitted properties and received by the City, if any,
improvements, prior to issuance of a building permit, at the time and in the manner provided by Section
planned development permit, use permit or site and 14.04.110;
architectural approval, the City shall acquire the necessary 8. Methods of acquisition of land necessary for the
land either by negotiation or pursuant to its eminent domain installation of the street improvements, imposition of costs
powers. and recovery of interest; and
D. Where the City acquires land necessary for the 9. Such additional information and documents as
installation of the street improvements in the manner may reasonably be required by the City's Director of Public
provided in subsection C of this section, the reimbursement Works. (Ord. 2056, (part), 2010; Ord. 1652, § 4, 1994)
agreement shall provide that the permittee shall reimburse
the City for all costs, including litigation costs, incurred by 14.04.176 Disposition of Street Improvement
the City in the acquisition of such land. Reimbursement Charge Revenues.
The reimbursement agreement shall also provide that The revenues received by the City from street
prior to commencement of any proceedings to acquire the improvement charges assessed pursuant to this chapter shall
necessary land pursuant to the City's eminent domain be used solely for reimbursements to permittees in the
powers, the permittee shall deposit with the City an amount manner provided by this chapter and the reimbursement
to be determined by the Director of Public Works, which agreement.
amount shall be based on a reasonable estimate of the costs Provided, however, that in the event the City is unable to
of acquisition of said land. If the deposit exceeds the actual locate the permittee after five years of due diligent searching
cost of acquisition, the City shall refund the excess amount commencing from the date the street improvement
to the permittee. If the deposit is less than the actual cost of reimbursement charges are paid, or upon the discovery of
acquisition, upon written demand by the City, the permittee facts establishing that a due diligent search would be futile,
shall pay the additional sum to the City. the revenues collected hereunder shall be paid to the
E. Where the City is able to acquire the land treasurer of the City for deposit in the general fund. (Ord.
necessary for the installation of the street improvements at 1652, § 5, 1994)
no cost pursuant to negotiations with the owner or owners of
benefitted properties for which a street facility 14.04.180 Payment in Lieu of
reimbursement charge is assessed pursuant to Section Improvement- Schedule.
14.04.110(B) of this chapter, and the interest assessed on In all cases where payments in lieu of improvements
those charges is waived as provided in Section 14.04.110(C) are made under this chapter, or where the provisions of this
of this chapter, the permittee shall not be entitled to interest section are referred to and made applicable elsewhere in this
on the reimbursement charges assessed those benefitted chapter, the amount thereof shall be determined by the City
properties. Engineer to reflect the estimated cost of making the required
F. The reimbursement agreement shall be signed by improvements. To assist the City Engineer in estimating
the Mayor, approved as to form by the City Attorney and such cost, the permittee may be required to retain the
shall set forth the following information: services of an engineer, whose design estimates of quantity
1. The name, capacity and address of the permittee; and cost can then be checked by the City Engineer to
2. A description of the street improvement costs determine their accuracy, completeness, and conformance to
subject to reimbursement as delineated in Section 14.04.040; City standards. (Ord. 1094, (part), 1981)
3. An itemized statement, prepared by and attested
to by a licensed engineer, of the reimbursable costs to be 14.04.190 Checking, Inspection and Other Fees.
incurred by the permittee in installing the street A. The permittee shall be required to pay any and all
improvements; necessary direct expenses for inspection, checking and all
other costs incurred by the City in connection with said
2010 S -25
14.04.190 Cupertino - Streets, Sidewalks and Landscaping 12
application, and shall prior to the issuance of any permit, B. Except as otherwise provided in subsection A
deposit with the City or applicable agency the amount of the above, any street or highway, or portion thereof, shown
fees required by the City Engineer in connection therewith. upon a subdivision map recorded on or after October 10,
B. Such fees shall include, but not be limited to, the 1955, pursuant to the provisions of the ordinance of the City
following: shall be deemed to have such width as is shown upon said
1. Checking and inspection; subdivision map within the limits shown upon said map.
2. Indirect expenses; (Ord. 1094, (part), 1981)
3. Recording;
4. Development maintenance deposits; 14.04.220 Legal Description Required.
5. Storm drainage; A true and accurate legal description of the property to
6. One year street lighting power cost; be developed, and to be dedicated, along with any sketch,
7. Street trees; plot plan or vicinity plan required for an accurate description
8. Sanitary district; thereof, shall accompany the application for approval to
9. Pacific Gas and Electric; develop. (Ord. 1094, (part), 1981)
10. Excavation; and
11. Municipal water system connection charges. 14.04.230 Exceptions.
C. For the purpose of outlining the scope of A. Upon application for an exception, the Planning
improvements and delineating fees, an agreement shall be Commission may hear and recommend that the City Council
entered into between the permittee and the City stipulating authorize conditional exception to any of the requirements
the terms and conditions necessary for compliance with the and regulations set forth in this chapter, provided, that the
provisions of this chapter. following facts are found:
The amount of the fees shall be set forth in said 1. That there are special circumstances and
agreement, which shall be executed prior to issuance of conditions affecting subject property;
permits. (Ord. 1094, (part), 1981) 2. That the exception is necessary for the
preservation and enjoyment of a substantial property right of
14.04.200 Standard Specifications. the developer, and,
A. Except as otherwise provided by this chapter, 3. That the granting of the exception will not be
improvements herein required shall be made in accordance detrimental to the public welfare, or injurious to other
with design and construction details, standard specifications property in the territory in which said property is situated.
of the City current at the time the improvements are made. B. Planning Commission Recommendations:
When a required improvement is not provided for by such 1. In recommending such exceptions, the Planning
standards and specifications, the nature and type of any such Commission shall secure substantially the objectives of the
improvement shall be as approved by the City Council. regulations to which exceptions are requested, and shall act
B. If there is more than one unimproved street to protect the public health, safety, convenience and general
adjacent to the land owned or occupied by the permittee, the welfare;
permittee may be required to pay, or provide, for 2. In recommending the authorization of any
improvements on each of said unimproved streets. exception under the provisions of this section, the Planning
C. In calculating the extent of, or cost of, Commission shall report to the City Council its findings with
improvements required by this chapter, the starting point respect thereto, and all facts in connection therewith, and
shall be the abutting property line, and the calculation shall shall specifically and fully set forth the exceptions
proceed inward from the property line towards the centerline recommended and the conditions designated.
of the street. (Ord. 1516, 1990; Ord. 1094, (part), 1981) C. Upon receipt of such report, the City Council
may approve the development plans with or without the
14.04.210 Street and Highway Widths. exceptions and conditions recommended by the Planning
A. For the purposes of this chapter, the streets and Commission, and with such other exceptions, if any, as the
highways within the City shall be deemed to have the widths City Council deems necessary substantially to secure the
set previously by the Planning Commission and City Council purposes and objectives of this chapter.
along adjacent improved sections of the unimproved street, D. Except where the contemplated improvements and
except that, where no cross sections have been established, use of the property in question will result in an immediate
the class of roadway shall be established by the Planning danger to public safety, as determined by the City Engineer,
Commission and City Council in accordance with the where the contemplated additions, alterations or repairs to
general requirements of design outlined in Title 18 of this any existing building or structure will not, during any period
Code.
2010 S -25
13 Street Improvements 14.04.230
of thirty -six months, constitute a twenty-five percent or such permit, certificate or license issued in conflict with the
greater increase in the floor area of the existing building or provisions of this chapter shall be null and void. (Ord.
structure, as determined by the building official, based on 1094, (part), 1981)
the floor area of the existing building or structure at the
beginning of the thirty -six month period, then any permit 14.04.260 Violation — Nuisance.
required in connection therewith shall be exempt from Any building or structure erected, constructed, altered,
application of the provisions of this chapter. In the case of enlarged, converted, moved or maintained, or any use of
multiple existing buildings or structures on a parcel, the land contrary to the provisions of this chapter is declared to
existing floor area of each building or structure shall be be unlawful and a public nuisance. The City Attorney shall,
considered separately in calculating the increase in floor upon order of the City Council, commence action or
area. A detached garage that is the principal garage for a proceeding for the abatement and removal or enjoinment
habitable structure shall be considered a part of the habitable thereof in the manner provided by law. (Ord. 1094, (part),
structure. (Ord. 1966, 2005; Ord. 1094, (part), 1981) 1981)
14.04.240 Appeals. 14.04.270 Violation — Utility Connection Denial.
A. Any person aggrieved by any decision of any The Building Official shall deny approval and
officer, department or commission of the City under the acceptance of, and shall refuse to allow fmal public utility
provisions of this chapter may appeal said decision to the connection to, any building or structure erected,
City Council by filing written notice of the appeal with the constructed, added to, altered, or repaired, contrary to the
City Clerk within thirty days after the date of the decision, provisions of this chapter, unless and until the provisions of
except that, when an application for exception by filing for this chapter are met. (Ord. 1094, (part), 1981)
a planned development permit and /or use permit is made, no
appeal will be accepted or necessary, since the City Council 14.04.280 Violation — Penalty.
will hear the matter in due course. Any person violating any provision of this chapter shall
B. Said notice of appeal must state: be deemed guilty of an infraction, and upon conviction
1. The asserted error; thereof shall be punished as prescribed in Chapter 1.12.
2. The grounds upon which said appeal is taken; and (Ord. 1094, (part), 1981)
3. The name and address of the party appealing.
Said notice of appeal must be signed by the party appealing, 14.04.290 Cumulative Remedies.
or by his agent. Said notice of appeal shall not be effective The remedies contained in this chapter shall be
unless it is filed with the City Clerk within the time required cumulative, in addition to such other remedies as are
by subsection A of this section. provided by law, and without limitation to the right to
C. A public hearing shall be held by the City Council institute such legal action as may be necessary to enforce
within thirty days from the date of the filing of the notice. any agreement hereinabove provided, or to recover damages
D. Notice of the time and place of the hearing shall for the breach thereof against the principal or the surety.
be given by mail, postage prepaid, and dispatched not less (Ord. 1094, (part), 1981)
than ten days prior to the hearing to the applicant at his
address as shown upon notice of appeal.
E. The City Council shall hear the appeal. At the
conclusion of the hearing, the Council may affirm, reverse,
or modify the action appealed: subject, however, to the
provisions of this chapter. The fmdings and decisions of the
City Council shall be entered upon the minutes of the City
Council, and the decision shall be fmal and shall take effect
as directed by the City Council. (Ord. 2056, (part), 2010;
Ord. 1094, (part), 1981)
14.04.250 Chapter Conformance Required.
All departments, officials and employees of the City
vested with the duty or authority to issue permits shall
conform to the provisions of this chapter, and shall not issue
any permit, certificate or license for use or building, or for
purposes in conflict with the provisions of this chapter. Any
2010 S -25
14.05.010
CHAPTER 14.05: PARK MAINTENANCE FEE
Section
14.05.010 Definitions. anything contained in this chapter be construed to apply to
14.05.020 Application of chapter. the remodeling, addition to or repairing of any building or
14.05.030 General purpose and intent. structure subject to the provisions of this chapter; nor shall
14.05.040 Requirements - General. anything contained in this chapter be construed to limit the
14.05.050 Credit. City's power to require fees or land dedication for park or
14.05.060 Standards for amount of fee. recreation purposes as a condition of approval of a tentative
14.05.070 Determination of fee. map or parcel map pursuant to the Subdivision Map Act of
14.05.080 Exceptions. the State of California or the City's Subdivision Ordinance.
14.05.090 Appeals. (Ord. 1479, § 2 (part), 1989)
14.05.100 Use of fees.
14.05.110 Fee review. 14.05.030 General Purpose and Intent.
14.05.120 Chapter conformance required. A. The purpose of this fee is to finance the
14.05.125 Pending building permit applications. establishment, rehabilitation and maintenance of
neighborhood and community Streets, Sidewalks and
Landscaping facilities in order to reduce the impacts of
14.05.010 Definitions. declining open space within the City created by new single -
As used in this chapter: lot residential development within the City.
A. "Single lot development" means the erection or B. The Park and Recreation Facilities Acquisition
construction of any building or structure within all zones, and Maintenance Fees collected pursuant to this chapter
permitting residential uses for which a building permit, shall be used solely to fmance the acquisition and
planned development permit, use permit or architectural and maintenance of Streets, Sidewalks and Landscaping facilities
site approval is required by the City, but which development as described or identified in the Environmental Resources
is not a subdivision as defined by the Subdivision Map Act Element of the General Plan.
of the State of California. C. The City Council further finds that new
B. "Erection" or "construction" as used in this development in the City's residential areas will generate
chapter is established where a new residential building or additional demand for and use of Streets, Sidewalks and
structure is built upon a parcel of land, within all zones Landscaping facilities within Cupertino.
permitting residential uses. This definition does not apply D. There is a need in the City to establish additional
to any remodel of an existing residence or any replacement Streets, Sidewalks and Landscaping facilities, and to
of an existing residence where said existing residence was rehabilitate and maintain existing Streets, Sidewalks and
demolished within one year prior to the application of permit Landscaping facilities, but the developers of single -lot
of the replacement residence. developments within the City have not contributed their fair
C. "Park and recreation facilities" means any share towards these Streets, Sidewalks and Landscaping
neighborhood or community facilities as defined within the costs and said costs are called for in or are consistent with
Environmental Resources Element of the City of Cupertino the City's Environmental Resources Element of the General
General Plan and amendments thereto (hereinafter referred Plan.
to as the "Environmental Resources Element of the General E. The facts and evidence presented establish that
Plan"). (Ord. 2056, (part), 2010; Ord. 1853, § 1, 2000; there is a reasonable relationship between the need for the
Ord. 1479, § 2 (part), 1989) described Streets, Sidewalks and Landscaping facilities and
the impacts of single -lot development described herein, for
14.05.020 Application of Chapter. which the corresponding fee is charged, and there is also a
Nothing contained in this chapter shall be construed to reasonable relationship between the fee's use and the type of
apply to the subdivision of land as defined by the development for which the fee is charged, as these
Subdivision Map Act of the State of California; nor shall reasonable relationships or nexes are described in more
2010 S -25 15
14.05.030 Cupertino - Streets, Sidewalks and Landscaping 16
detail in the Staff Report dated December 12, 1988 and 14.05.060 Standards for Amount of Fee.
presented to the City Council by the Director of Public A. General Standard. The public interest,
Works. The City Council further fords that unless measures convenience, health, welfare and safety require that three
are taken to provide for all citizens of the City to pay their acres of property for each one thousand persons be devoted
fair share of the creation, maintenance and rehabilitation of for neighborhood and community park and recreational
Streets, Sidewalks and Landscaping facilities, the citizens of purposes.
the City will suffer from detrimental effects upon the public B. Formula. All persons subject to this chapter shall
convenience and welfare of the community. Therefore, the pay a fee in an amount equal to that as provided in the
provisions of this chapter are intended to define the following formula:
requirements, policies and procedures for the collection of
fees in connection with the establishment, maintenance and
Park Acreage x Average number of x value
rehabilitation of Streets, Sidewalks and Landscaping Standard persons per residential per acre
facilities in order to:
1. Protect the vested interest of the public in the dwelling unit
promotion of establishing, maintaining and rehabilitating
both neighborhood and community Streets, Sidewalks and Thus,
Landscaping facilities;
2. Spread the costs of establishing, maintaining and fee = (3 x 3.5) (value per acre)
rehabilitating neighborhood Streets, Sidewalks and 1,000
Landscaping facilities upon the owners within the respective
neighborhood park service area as defined in the for single - family development. (Ord. 1479, § 2 (part),
Environmental Resources Element of the General Plan; 1989)
3. Promote the establishment, maintenance and
rehabilitation of neighborhood and community Streets, 14.05.070 Determination of Fee.
Sidewalks and Landscaping facilities in the most When a fee is required to be paid under the provisions
economically feasible manner to both the City and the of this chapter, the amount of the fee shall be determined by
citizens of the City; and the Director of Public Works, pursuant to Section
4. Protect the public safety, living standards, and 14.05.060. The "value per acre" portion of the fee shall be
common welfare of the general public. (Ord. 1479, § 2 based upon the fair market value of the subject property
(part), 1989) determined by reference to comparable land within the
general subject property. As used herein, the term
14.05.040 Requirements — General. "comparable" means land of similar size and development
Any person who proposes to erect or construct any potential as the subject property. The date of the valuation
building or structure for which a building permit is required of the property shall be the date that the owner of the subject
by the City, or who seeks a use permit or architectural and property or his agent submits an application for issuance of
site approval from the City, must pay a fee, as determined a building permit, planned development permit, use permit
under the provisions of this chapter, for the establishment, or architectural and site approval, whichever event occurs
maintenance and rehabilitation of parks and recreation first.
facilities within the City. Said fee shall be a condition If the owner objects to the fair market value
precedent to the issuance of any required building permit, determination made by the Director of Public Works, he or
planned development permit, use permit, or architectural she may, at his or her own expense, obtain an appraisal of
approval. (Ord. 2056, (part), 2010; Ord. 1479, § 2 (part), the property by a qualified real estate appraiser approved by
1989) the city, which appraisal of fair market value may be
accepted by the City Council, if found reasonable.
14.05.050 Credit. Alternatively, the City and the owner may agree as to the
Any person, or his successor in interest, who has paid fair market value without reference to a formal appraisal.
fees of the type required by this chapter or by Article 6, (Ord. 2056, (part), 2010; Ord. 1731, (part), 1996; Ord.
Title 18 of the Municipal Code prior to the effective date of 1479, § 2 (part), 1989)
the ordinance codified in this chapter, shall receive credit
therefor as provided in this chapter. No person shall receive 14.05.080 Exceptions.
a credit in excess of the amount of the fee required by this A. Upon application for an exception, the
chapter. (Ord. 1479, § 2 (part), 1989) Department of Public Works may recommend that the City
Council authorize a conditional exception to any of the
2010 S -25
17 Park Maintenance Fee 14.05.080
requirements and regulations set forth in this chapter, sufficient land available within a given neighborhood, then
provided that the following facts are found: secondly said moneys shall be used for improving,
1. That there are special circumstances and maintaining and rehabilitating such land for park and
conditions affecting the subject property; and recreational purposes. (Ord. 1479, § 2 (part), 1989)
2. That the exception will not be detrimental to the
public welfare. (Ord. 1479, § 2 (part), 1989) 14.05.110 Fee Review.
On or about the beginning of each fiscal year, the
14.05.090 Appeals. Public Works Department shall review the estimated cost of
A. Any person aggrieved by a decision of any existing and needed Streets, Sidewalks and Landscaping
officer, department or commission of the City under the facilities, the continued need for the establishment and
provisions of this chapter may appeal the decision to the maintenance of such facilities, and the reasonable
City Council by filing written notice of the appeal with the relationship between such need and the impacts upon the
City Clerk within thirty days after the date of the decision; various types of development pending or anticipated and for
except that, when an application for exception by filing for which this fee is charged. The Public Works Director shall
a planned development and /or use permit is made, no appeal report his findings to the City Council at a noticed public
will be accepted or necessary, since the City Council will hearing. (Ord. 1479, § 2 (part), 1989)
hear the matter in due course.
B. Such notice of appeal must state: 14.05.120 Chapter Conformance Required.
1. The asserted error; All departments, officials and employees of the City
2. The grounds upon which the appeal is taken; and vested with the duty or authority to issue permits shall
3. The name and address of the party appealing. conform to the provisions of this chapter, and shall not issue
Such notice of appeal must be signed by the party appealing, any permit, certificate or license for use or building, or for
or by his agent. The notice of appeal shall not be effective purposes in conflict with the provisions of this chapter. Any
unless it is filed with the City Clerk within the time required such permit, certificate or license issued in conflict with the
by subsection A of this section. provisions of this chapter shall be null and void. (Ord.
C. A public hearing shall be held by the City Council 1479, § 2 (part), 1989)
within thirty days from the date of the filing of the notice.
D. Notice of the time and place of the hearing shall 14.05.125 Pending Building Permit Applications.
be given by mail, postage prepaid, and dispatched not less The provisions of this chapter shall not apply to
than ten days prior to the hearing to the applicant at his building permits issued upon applications which were filed
address as shown upon the notice of appeal. prior to January 17, 1989. (Ord. 1479, § 2 (part), 1989)
E. The City Council shall hear the appeal. At the
conclusion of the hearing, the Council may affirm, reverse
or modify the action appealed; subject, however, to the
provisions of this chapter. The findings and decisions of the
City Council shall be entered upon the minutes of the City
Council, and the decision shall be final and shall take effect
as directed by the City Council. (Ord. 2056, (part), 2010;
Ord. 1479, § 2 (part), 1989)
14.05.100 Use of Fees.
The money collected under this chapter shall be paid to
the Treasurer of the City or his authorized agent. Said
money shall be placed in a special revenue fund which is
hereby created and which shall be known as the Park and
Recreation Facilities Acquisition and Maintenance Fund.
Moneys within this fund shall be used and expended solely
for the acquisition, improvement, maintenance,
rehabilitation, expansion or implementation of Streets,
Sidewalks and Landscapingal facilities reasonably related to
serving residential neighborhoods by way of the purchase of
necessary land, or, if the City Council deems that there is
2010 S -25
14.15.010
CHAPTER 14.15: LANDSCAPING ORDINANCE
Section
14.15.010. Intent.
14.15.020. Applicability.
14.15.030. Defmitions.
14.15.040. Landscape Project Submittal.
14.15.050. Water - Efficient Design Elements.
14.15.060. Water Budget Calculation.
14.15.070. Soil Analysis.
14.15.080. Landscape Installation Report.
14.15.090. Landscape and Irrigation Maintenance.
14.15.100. Audit of Existing Landscapes Larger
Than One Acre.
14.15.110. Public Education.
14.15.120. Penalties.
14.15.010 Intent.
The intent of this chapter is to reduce water waste in
landscaping by promoting the use of region- appropriate
plants that require minimal supplemental irrigation, and by
establishing standards for irrigation efficiency. This chapter
implements the California Water Conservation in
Landscaping Act of 2006. (Ord. 2058 (part), 2010)
14.15.020. Applicability.
A. The provisions of this chapter shall apply to:
1. Projects identified in Table 14.15.020.
Table 14.15.020
Type of Permit Total Landscape Requirement
Area
Building Permits
New home in R1, RHS or Al s2,500 s.f. Checklist (Appendix A) - Informational ONLY
zones
>2,500 s.f. Landscape Project Submittal - Sec. 14.15.040
Development Permit or Grading Permit
2010 S -25 27
14.15.020 Cupertino - Streets, Sidewalks and Landscaping 28
Type of Permit Total Landscape Requirement
Area
New home in R1, RHS, Al or R2 s2,500 s.f. Checklist (Appendix A) - Informational ONLY
Zones
>2,500 s.f. Landscape Project Submittal - Sec. 14.15.040
Commercial, industrial, office, s2,500 s.f. Checklist - Appendix A - Applies
multi - family residential, public and
institutional project >2,500 s.f. Landscape Project Submittal - Sec. 14.15.040
Any landscape installation or s2,500 s.f. Checklist - Appendix A
rehabilitation project
>2,500 s.f. Landscape Project Submittal - Sec. 14.15.040
New and rehabilitated cemeteries >0 s.f. Water Budget Calculations - Sec. 14.15.060
Landscape Installation Report - Sec. 14.15.080
Landscape and Irrigation Maintenance - Sec. 14.15.090
Existing and established > 1 acre Water Budget Calculations - Sec. 14.15.060
landscapes, including cemeteries Audit of Established Landscapes - Sec. 14.15.100
2. Any project, regardless of total landscape area, "Automatic irrigation controller" means an automatic
that is determined to have an impact due to a unique timing device used to remotely control valves that operate an
geographical or environmentally sensitive location, irrigation system. Automatic irrigation controllers schedule
including but not limited to, projects proposed on slopes irrigation events using either evapotranspiration
greater than 30 %, in geo- hazard areas near riparian (weather- based) or soil moisture data.
corridors, creeks and or /waterways, the city may require a "Backflow prevention device" means a safety device
landscape project submittal. used to prevent pollution or contamination of the water
B. The provisions of this chapter shall not apply to: supply due to the reverse flow of water from the irrigation
1. Registered local, state or federal historical sites system.
where landscaping establishes an historical landscape style, "Certified irrigation designer" means a person certified
as determined by the City Council; to design irrigation systems by an accredited academic
2. Surface mine reclamation projects that do not institution, a professional trade organization or other
require a permanent irrigation system; program such as the US Environmental Protection Agency's
3. Ecological restoration projects that do not require WaterSense irrigation designer certification program and
a permanent irrigation system; Irrigation Association's Certified Irrigation Designer
4. Community gardens or plant collections, as part program.
of botanical gardens and arboretums open to the public; or "Certified landscape irrigation auditor" means a person
5. Any commercial cultivation of agricultural certified to perform landscape irrigation audits by an
products; including, but not limited to products of farms, accredited academic institution, a professional trade
orchards, production nurseries and forests. (Ord. 2058 organization or other program such as the US Environmental
(part), 2010) Protection Agency's WaterSense irrigation auditor
certification program and Irrigation Association's Certified
14.15.030 Definitions. Landscape Irrigation Auditor program.
For the purposes of this chapter, the following "Certified professional" means a certified irrigation
definitions apply, unless it is apparent from the context that designer, certified landscape irrigation auditor, licensed
a different meaning is intended. landscape architect, licensed landscape contractor, licensed
"Applied water" means the portion of water supplied professional engineer, or any other person authorized by the
by the irrigation system to the landscape. state to design a landscape, an irrigation system, or
authorized to complete a water budget.
2010 S -25
29 Landscaping Ordinance 14.15.030
"Conversion factor" means the number (0.62) that "Irrigation survey" means an evaluation of an
converts acre - inches per acre per year to gallons per square irrigation system that is less detailed than an irrigation audit.
foot per year. An irrigation survey includes, but is not limited to:
"Ecological restoration project" means a project where inspection, system test, and written recommendations to
the site is intentionally altered to establish a defined, improve performance of the irrigation system.
indigenous, historic ecosystem. "Landscape architect" means a person who holds a
"Effective precipitation (Eppt) or usable rainfall" license to practice landscape architecture in California as
means the portion of total precipitation which becomes further defined by the California Business and Professions
available for plant growth. Code Section 5615.
"Established landscape" means the point at which "Landscape area" means all the planting areas, turf
plants in the landscape have developed significant root areas, and water features in a landscape installation. The
growth into the soil. Typically, most plants are established landscape area does not include footprints of buildings or
after one or two years of growth. structures, sidewalks, driveways, parking lots, decks,
"Establishment period of plants" means the first year patios, gravel or stone walks, other pervious or
after installing the plant in the landscape or the first two non - pervious hardscapes, and other non - irrigated areas
years if irrigation will be terminated after establishment. designated for non - development (e.g., open spaces and
Typically, most plants are established after one or two years existing wildland or native vegetation).
of growth. "Landscape contractor" means a person licensed by the
"Estimated Total Water Use (ETWU)" means the total State of California to construct, maintain, repair, install, or
water used for the landscape as described in Section subcontract the development of landscape systems.
14.15.060. "Landscape project" means an undertaking of
"Evapotranspiration adjustment factor (ETAF)" means landscape design and installation on a particular area of
a factor of 0.7, that, when applied to reference land. A landscape project may be associated with an
evapotranspiration, adjusts for plant factors and irrigation individual lot, a building project, or a multi - phased
efficiency. ETAF for a special landscape area shall not development. It may also be a larger, comprehensive
exceed 1.0. ETAF for existing non - rehabilitated landscapes landscape scheme that is not coupled with an individual
is 0.8. building project.
"Evapotranspiration rate" means the quantity of water "Lateral line" means the water delivery pipeline that
evaporated from adjacent soil and other surfaces and supplies water to the emitters or sprinklers from the valve.
transpired by plants during a specified time. "Low water use plant" means a plant species whose
"Hardscape" means any constructed feature in a demonstrated water needs are compatible with local climate
landscape built of concrete, stone, wood, or other such and soil conditions such that regular supplemental irrigation
non - pervious or pervious durable material, including, but is not required to sustain the plant after it has become
not limited to, patios, walkways, and retaining walls. established. Species classified as "very low water use" and
"Hydrozone "means a portion of the landscaped area "low water use" by "Water Use Classification of Landscape
having plants with similar water needs. A hydrozone may Species" (WUCOLS), having a regionally adjusted plant
be irrigated or non - irrigated. factor of 0.0 through 0.3, shall be considered low water use
"Invasive plant species" means a species of plants, plants.
listed in the invasive plant inventory of the California "Low- volume irrigation" means the application of
Invasive Plant Council (IPC), that have been identified as irrigation water through a system of tubing or lateral lines
invasive to areas within the IPC- delineated Central West and low- volume emitters such as drip, drip lines and
(CW) region. bubblers specifically designed to apply small volumes of
"Irrigation audit" means an in -depth evaluation of the water slowly at or near the root zone of plants. Certain
performance of an irrigation system conducted by a certified rotary emitters designed to provide highly efficient water
landscape irrigation auditor. An irrigation audit includes, distribution may also be included in this defmition, at the
but is not limited to: inspection, system tune -up, system test discretion of the Director of Community Development.
with distribution uniformity or emission uniformity, "Maximum Applied Water Allowance (MAWA)"
reporting overspray or runoff that causes overland flow, and means the upper limit of annual applied water for the
preparation of an irrigation schedule. established landscaped area calculated using the formula
"Irrigation efficiency (IE)" means the measurement of specified in Section 14.15.090.
the amount of water beneficially used divided by the amount "Mined -land reclamation projects" means any surface
of water applied. The minimum average irrigation mining operation with a reclamation plan approved in
efficiency for purposes of this Chapter is 70 %. accordance with the Surface Mining and Reclamation Act of
1975.
2010 S -25
14.15.030 Cupertino - Streets, Sidewalks and Landscaping 30
"Mulch" means any organic material such as leaves, with recycled water, water features using recycled water and
bark, straw, compost, or inorganic mineral materials such areas dedicated to active play such as parks, sports fields,
as rocks, gravel, and decomposed granite, left loose and golf courses, and where turf provides a playing surface.
applied to the soil surface for the beneficial purposes of "Sprinkler head" means a device that delivers water
reducing evaporation, suppressing weeds, moderating soil through a nozzle.
temperature, and preventing soil erosion. "Station" means an area served by one valve or by a
"Native plant" means a plant indigenous to a specific set of valves that operate simultaneously.
area of consideration. For the purpose of this Chapter, the "Turf" means a ground cover surface consisting of
term refers to plants indigenous to the coastal ranges of non - native grass species that is customarily mowed. Annual
central and northern California, and more specifically to bluegrass, Kentucky bluegrass, perennial ryegrass, red
such plants that are suited to the ecology of the present or fescue, and tall fescue are examples of cool- season turf
historic natural community in the project's vicinity. grasses. Bermuda grass, Kikuyu grass, seashore paspalum,
"Noxious weed" means any weed designated by the St. Augustine grass, zoysia grass, and buffalo grass are
weed control regulations in the Weed Control Act and warm - season turf grasses.
identified on a regional district noxious weed control list. "Valve" means a device used to control the flow of
"Operating pressure" means the pressure at which the water in the irrigation system.
parts of an irrigation system are designed by the "Water feature" means a landscape design element
manufacturer to operate. where open water performs an aesthetic or recreational
"Overhead sprinkler irrigation system" means a function. Water features include ponds, fountains, lakes,
system that delivers water through the air (e.g., spray heads waterfalls, artificial streams and any design elements where
and rotors). water is supplied artificially. Spas and swimming pools that
"Overspray" means irrigation water that is delivered are ancillary to single - family, two - family and multi - family
beyond the target area. residential uses also are considered water features.
"Plant factor" means a number, which, when "Wet surface area" means the surface area of that
multiplied by reference evapotranspiration (ETo), estimates portion of a water feature that functions to contain water,
the amount of water needed by plants. The plant factor such as the water surface of a swimming pool, spa, or
ranges from 0.0 to 0.3 for low water use plants, from 0.4 to garden pond. For a fountain or other feature with flowing
0.6 for moderate water use plants, and from 0.7 to 1.0 for water, wet surface area shall be measured as a two
high water use plants. Plant factors are based on the "Water dimensional plane bounded by the perimeter of the area
Use Classification of Landscape Species" (WUCOLS) where water has been designed to flow.
publication. "Wildland urban interface" means a geographic area
"Rain sensor or rain sensing shutoff device" means a identified by Chapter 16.74 of this Code to be at a
component that automatically suspends an irrigation event significant risk from wildfires.
when it rains. "WUCOLS" means the publication "Water Use
"Recycled water" means treated wastewater, including Classification of Landscape Species" published by the
reclaimed water or treated sewage effluent water of a quality University of California Cooperative Extension, the
suitable for non - potable uses including landscape irrigation Department of Water Resources and the Bureau of
and water features. Reference evapotranspiration (ETo): A Reclamation, 2000. (Ord. 2058 (part), 2010)
standard measurement of environmental parameters that
affect the water use of plants. 14.15.040 Landscape Project Submittal.
"Rehabilitated landscape" means any re- landscaping Unless otherwise specified, the following items shall be
project that requires an architectural and site approval, submitted to the Director of Community Development when
design review, grading permit, use permit, or a a landscape project is subject to the requirements of this
discretionary permit of any sort, or requires a new or chapter.
expanded water service application. A. Water - Efficient Design Checklist (Appendix A)
"Runoff" means water that is not absorbed by the soil completed by a property owner or certified landscape
or landscape to which it is applied and flows from the professional.
landscape area. B. Landscape and Irrigation Design Plans (Appendix
"Soil moisture sensor" means a device that measures B) completed by a certified professional.
the amount of water in the soil. The device may also initiate C. Water Budget Calculations (Section 14.15.090),
or suspend irrigation. if necessary.
"Special landscape area (SLA)" means an area of the D. Soil Analysis Report (Section 14.15.100), if
landscape dedicated solely to edible plants, areas irrigated necessary.
2010 S -25
31 Landscaping Ordinance 14.15.040
E. Landscape and Irrigation Maintenance Schedule (Section 14.15.120).
F. Landscape Installation Report (Section 14.15.110), following installation of landscaping materials and irrigation
hardware. (Ord. 2058 (part), 2010)
14.15.050 Water - Efficient Design Elements.
Projects set forth in Section 14.15.020 requiring a landscape project submittal shall comply with all applicable criteria
of this section.
A. Plant Material: All plant material shall be chosen and arranged per requirements in Table 14.15.050(A).
Table 14.15.050(A)
1. Options to demonstrate water efficiency
a. i. Total turf area shall not exceed 25 % of OR b. Prepare a water budget calculation, per the
the landscape area, or 1,250 square feet, provisions of Section 14.15.060.
whichever is lesser in area and
ii. At least 80% of the plants within
non -turf areas shall be native or low
water -use
AND
2. Turf Restrictions
a. Turf shall not be planted on slopes greater than 25 %.
b. Turf areas shall not be less than eight feet wide.
3. Non -turf Restrictions
a. Plants shall be arranged appropriately based upon the site's climate, slopes, sun exposure, soil
characteristics, wildfire susceptibility and other site conditions appropriate for the selected plants.
b. The horticultural attributes of plant species (e.g., mature plant size, invasive roots, and structural
attributes) shall be considered, in order to minimize the potential for damage to property or infrastructure
(e.g., buildings, septic systems, sidewalks, power lines).
c. Fire -prone plant materials and highly flammable mulches are strongly discouraged. In areas designated
wildland urban interface by Chapter 16.74 of this Code, plants shall be selected, arranged and maintained
to provide defensible space for wildfire protection, in conformance with Public Resources Code Section
4291.
d. Invasive plant species /noxious weeds:
i. Installation shall be prohibited.
ii. Existing within or adjacent to the proposed landscape area shall be removed prior to installation of
new landscaping.
4. The architectural guidelines, conditions, covenants or restrictions of a common interest development shall not
supersede this chapter by either prohibiting low water use plants, or including conditions that have the effect of
restricting the use of low water use plants.
B. Hydrozones:
1. Plant materials of similar water use shall be grouped in hydrozones.
2. Mixed plant materials & hydrozoning: If plant materials of differing water uses are mixed, for purposes of
preparing a water budget use Table 14.15.050(B). (Ord. 2058, (part), 2010)
2010 S -25
14.15.050 Cupertino - Streets, Sidewalks and Landscaping 32
Table 14.15.050 (B)
Mixed plant materials Requirements
Low and moderate water use plants Allowed. All plants classified as moderate water use for
MAWA calculations.
High water use plants with low and moderate water Not allowed in any hydrozone.
use plants
C. Irrigation System: The irrigation system proposed for any project shall meet the requirements outlined in Table
14.15.050 (C)
Table 14.15.050 (C)
Category Requirements
Irrigation System Shall meet all requirements per manufacturer's specifications and this table.
Design Irrigation system and its related components shall be planned and designed to
allow for proper installation, management and maintenance.
Dedicated Landscape Water Meter Required for landscapes > 5,000 s.f., except single - family residential.
Automatic Irrigation Controllers Required for irrigation scheduling, utilizing evapotranspiration or soil moisture
sensor data.
Sensors Integral or auxiliary, required to suspend or alter irrigation operation during
unfavorable weather conditions.
Separate Valve Required for each hydrozone. Where feasible, trees shall be placed on separate
valves from shrubs, groundcovers and turf.
Water Waste Irrigation system shall be designed to prevent runoff, low head drainage,
overspray, or other similar conditions.
Type of Irrigation hardware Sprinkler heads and other emission devices shall be selected based on what is
appropriate for the plant type within that hydrozone.
Low - volume Irrigation Required in mulched areas
Required in areas with slope > 25 %
Required within 24 inches of a non - permeable surface
Required in any narrow or irregularly shaped areas that are less than eight (8)
feet in width in any direction.
Average Irrigation Efficiency Systems shall be designed, maintained and managed to meet or exceed average
landscape Irrigation efficiency of 70 %.
Irrigation Times Limited to between 8:00 p.m. and 10:00 a.m., unless unfavorable weather
prevents it or renders irrigation unnecessary.
Irrigation outside the normal designated window is allowed for auditing and
system maintenance only.
2010 S -25
32A Landscaping Ordinance 14.15.050
D. Soil, conditioning, and mulching: Soil, conditioning, and mulching requirements for all landscape projects are
outlined in Table 14.15.050(D).
Table 14.15.050(D)
Type of soil amendment Requirements
Topsoil Minimum eight (8) inches, non - compacted topsoil shall be available for water
absorption and root growth in planted areas.
Minimum may be waived where a landscaped professional determines that
practical limitations (e.g., slope and other geotechnical factors), necessitate a
lesser soil depth that is viable for the chosen plant materials
Other amendments Compost, fertilizer or other materials, shall be added according to the soil
conditions at the project site and based on what is appropriate for the chosen
plant materials.
Mulch Minimum two (2) inch layer of mulch shall be applied on all exposed soil
surfaces of planting areas.
Not needed in areas of direct seeding application (e.g. hydro -seed)
Stabilizing mulching products Required for use on slopes.
E. Water Features: A. All special landscape areas shall be identified and
1. Recirculating water systems shall be used for all their water use included in the water budget calculations.
water features. B. All other factors are as defined in Sections
2. Water features are limited to 10% of the 14.15.030 and 14.15.060.
landscaped area unless a water budget is prepared. C. Maximum applied water allowance shall be
3. All pools and spas shall have covers. calculated for each project using the formulae outlined in
4. If water budget is prepared or required, use Table Table 14.15.060: MAWA Calculation.
14.15.050(E) for MAWA calculations.
Table 14.15.060: MAWA Calculation
Table 14.15.050(E): Water Features
1. For existing MAWA= (ETo) (0.62)
% of landscape area Water usage for landscapes > 1 acre that (LA) (0.8)
MAWA calculation have dedicated irrigation
meters
Water features (including pools Medium
and spas) s10% 2. For all new and MAWA = (ETo) (0.62)
Water features (including pools High rehabilitated landscapes [(0.7 x LA) + (0.3 x
SLA)]
and spas) > 10%
(Ord. 2058, (part), 2010) Where:
MAWA = Maximum Applied Water Allowance
Budget Calculation. (gallons per year)
14.15.060 Water Bud
g ETo = Reference Evapotranspiration (inches per year)
Project applicant may elect to submit a water budget 0.62 = Conversion Factor (acre - inches to gallons)
calculation for the landscape project. A water budget must LA = Landscape Area (square feet)
be completed by a certified professional who is authorized 0.7/0.8 = Reference Evapotranspiration Adjustment
by the State of California to complete a water budget. Factor (ETAF)
Water budget calculations shall adhere to the following 0.3 = Additional Water Allowance for SLA
requirements: SLA = Special Landscape Area (square feet)
2010 S -25
14.15.060 Cupertino - Streets, Sidewalks and Landscaping 32B
All other factors as defined in Section 14.15.030 have been installed as specified in the landscape and
above. irrigation design plan and complies with the criteria of the
D. Estimated total water use (ETWU) shall be ordinance and the permit."
calculated for each hydrozone using the equation below. C. Landscape Maintenance Agreement:
The sum of the ETWU calculated for all hydrozones shall 1. Prior to final inspections and final occupancy, the
not exceed the MAWA calculated using the formula above. owner(s) of the property shall enter into a formal written
ETWU = (ETo)(0.62) PF * HA IE + SLA landscape maintenance agreement with the City. The City
Where: shall record this agreement, against the property or
ETWU = Estimated Total Water Use per year properties involved, with the County of Santa Clara
(gallons) Recorder's Office and it shall be binding on all subsequent
ETo = Reference Evapotranspiration (inches) owners of land served by the proposed landscape.
0.62 = Conversion Factor 2. The landscape maintenance agreement shall
PF = Plant Factor from WUCOLS require that the installed landscape not be modified and that
HA = Hydrozone Area (square feet) maintenance activities not alter the level of water efficiency
IE = Irrigation Efficiency (minimum 0.70) of the landscape from its original design, unless approved by
SLA = Special Landscape Area (square feet) (Ord. the City prior to the commencement of the proposed
2058 (part), 2010) modification or maintenance activity. (Ord. 2058 (part),
2010)
14.15.070 Soil Analysis.
The Director of Community Development or his /her 14.15.090 Landscape and Irrigation Maintenance.
designee shall have discretion to require soil analysis as a Landscapes shall be maintained to ensure successful
condition of approval for any development permits, grading establishment following installation, and to ensure water use
permit, or any type of discretionary permit, where a efficiency consistent with this chapter. A maintenance
landscape project submittal is required. schedule shall be established and submitted to the Director
A soil analysis report shall document the various of Community Development or his /her designee, either with
characteristics of the soil (e.g. texture, infiltration rate, pH, the landscape application package, with the landscape
soluble salt content, percent organic matter, etc), and installation report, or any time before the landscape
provide recommendations for amendments as appropriate to installation report is submitted.
optimize the productivity and water - efficiency of the soil. A. Schedules should take into account water
The soil analysis report shall be made available to the requirements for the plant establishment period and water
professionals preparing the landscape and irrigation design requirements for established landscapes.
plans in a timely manner either before or during the design B. Maintenance shall include, but not be limited to
process. A copy of the soils analysis report shall be the following: routine inspection; pressure testing,
submitted to the Director of Community Development as adjustment and repair of the irrigation system; aerating and
part of the landscape documentation package. (Ord. 2058 de- thatching turf areas; replenishing mulch; fertilizing;
(part), 2010) pruning; replanting of failed plants; weeding; pest control;
and removing obstructions to emission devices.
14.15.080 Landscape Installation Report. C. Failed plants shall be replaced with the same or
Landscape installation audit for new or rehabilitated functionally equivalent plants that may be size- adjusted as
landscapes shall be conducted by a certified landscape appropriate for the stage of growth of the overall
professional after the landscaping and irrigation system have installation. Failing plants shall either be replaced, or be
been installed. The findings of the assessment shall be revived through appropriate adjustments in water, nutrients,
consolidated into a landscape installation report. pest control or other factors as recommended by a
A. The landscape installation report shall include, but landscaping professional. (Ord. 2058 (part), 2010)
is not limited to: inspection to confirm that the landscaping
and irrigation system are installed as specified in the 14.15.100 Audit of Existing Landscapes Larger
landscape and irrigation design plan, system tune -up, system Than One Acre.
test with distribution uniformity, reporting overspray or run The Director of Public Works may require audits to
off that causes overland flow, and preparation of an evaluate water use on existing landscapes larger than one
irrigation schedule. acre (installed prior to January 1, 2010). The City shall
B. The landscape installation report shall include the adopt reasonable rules and regulations on the process for
following statement: "The landscape and irrigation system determining what constitutes existing landscaping larger than
2010 S -25
32C Landscaping Ordinance 14.15.100
one acre. Such audits may also be initiated as a coordinated
effort between the City and, the Santa Clara Valley Water
District or the City's water purveyors. This audit must be
completed by a certified landscape irrigation auditor.
Following the fmdings and recommendations of the
certified landscape irrigation auditor, the Director of Public
Works may require adjustments to irrigation usage,
irrigation hardware, and /or landscape materials to reduce
irrigation water use.
Landscape renovation or rehabilitation resulting from
an audit shall be considered a landscape project, and shall be
subject to applicable Section 14.15.040 and Table
14.15.060(C)(1). (Ord. 2058 (part), 2010)
14.15.110 Public Education.
A. The City may provide information, with
assistance from the Santa Clara Valley Water District and its
water purveyors, to all applicants regarding the design,
installation, management and maintenance of water - efficient
landscapes and irrigation systems.
B. All model homes that are landscaped shall have
signs installed that provide information on the principles of
water - efficient landscaping. (Ord. 2058 (part), 2010)
14.15.120 Penalties.
Non - compliance with any applicable provision of this
chapter shall be subject to enforcement action, as provided
in Chapter 1.10 and /or Chapter 1.12 of this Code. (Ord.
2058 (part), 2010)
2010 S -25
32E Landscaping Ordinance Appendix A
APPENDIX A - LANDSCAPE WATER EFFICIENCY CHECKLIST
LANDSCAPE WATER- EFFICIENCY CHECKLIST
Community Development Department
51 0� 10300 Torre Avenue 408.777.3308/Fax 408.777.3333
Cupertino, CA 95014 planning@cupertino.org
CUPERTINO _ http: / /cupertino.org /planninf
Applicant Name:
Email:
Project Site Address: Phone:
Total Landscape Landscape area: All the planting areas, turf areas, and water
Area (square feet): features in a Landscape installation. The landscape area does
not include footprints of buildings or structures, sidewalks,
driveways, parking Tots, decks, patios, gravel or stone walks,
Turf Area: other pervious or non - pervious hardscapes, and other non -
irrigated areas designated for non - development (e.g., open
spaces and existing wildland vegetation).
Non - Turf Plant Area: Turf: A ground cover surface consisting f non - native grass
species that is customarily mowed. Annual bluegrass,
Special Landscape Area: Kentucky bluegrass, perennial ryegrass, red fescue, and tall
fescue are examples of cool- season turf grasses. Bermuda
Water Feature Wet Surface Area grass, kikuyu grass, seashore paspalum, St. Augustine grass,
If > 10% of landscaped area, water budget calcu zoysia grass, and buffalo grass are warm - season turf grasses.
lation required with landscape project submittal. See reverse side for other definitions.
NOTE: If landscape area exceeds 2,500 sq. ft., a landscape project submittal shall be required. If no landscaping is proposed, enter
"0" above and proceed directly to the signature block at the bottom of this form.
Landscape Parameter Requirements Project Compliance
Turf Total turf area shall not exceed 25% of the landscape 0 Yes 0 No
area, or 1,250 square feet, whichever is lesser in area. [If no, Water budget calculation required
with landscape project submittal]
All portions of turf areas shall be wider than eight (8) feet. ❑ Yes
Turf (if utilized) is limited to slopes not exceeding 15 %. 0 Yes
Non - Turf At least 80% of non -turf area shall consist of native or 0 Yes 0 No
low water use plants. [If no, Water budget calculation required
with landscape project submittal]
Hydrozones Plants with similar water needs shall be grouped within 0 Yes
hydrozones. Each hydrozone shall be controlled b y a [Plants ❑ ants can be grouped e
separate valve. grouped per
I Table 14.15.050(C)]
Irrigation System Systems shall be designed and maintained to minimize
water waste (e.g., runoff, low head drainage, overspray). Yes ❑ No
Low- volume irrigation shall be ut;Iized in non -turf areas.
Irrigation shall only occur between the hours of 8:00 pm [If no, Provide explanation on back]
and 10:00 am.
Soil A minimum of eight (8) inches of non- compacted topsoil
shall be available in planted areas. ❑Yes ❑ No
[If no, Provide explanation on back]
Soil amendments, such as composl or fertilizer, shall be I
appropriately added according to i:he soil conditions at ❑ Yes 0 No
the project site and based on what is appropriate for the
selected plants. [If no, Provide explanation on back]
Mulch A minimum two (2) -inch layer of mulch shall be applied
on all exposed soil surfaces of planting areas, except in yes 1::] No
areas of direct seeding application (e.g. hydro-seed). [If no, Provide explanation on back]
I am aware of available informational resources regarding native and low water use plants, irrigation efficiency, and other aspects of
water - efficient landscaping. I certify that the information provided on this checklist is correct, and the installed landscape complies
with the requirements of Chapter 14.15. I also understand that any changes to the project will necessitate a new checklist.
Signature of property owner or authorized representative
Date
2010 S-25
Appendix A Cupertino - Streets, Sidewalks and Landscaping 32F
This checklist implements the requirements of Chapter 14.15, Landscape Ordinance, of the Cupertino Municipal Code.
The responses provided will be evaluated to determine whether the proposed landscape is generally consistent with the
ordinance's water - efficiency goals.
Applicant Comments
Use additional paper if necessary
Staff Evaluation Staff Comments
Approved
Not Approved
Signature Date
Select Definitions
Hydrozone: A portion of the landscaped area having plants with similar water needs. A hydrozone may be
irrigated or non - irrigated.
Low - volume irrigation: The application of irrigation water through a system of tubing or lateral lines and
low- volume emitters such as drip and bubblers. Certain rotary emitters designed for highly efficient water
distribution, and situated to irrigate low water use plants, may also be included in this definition at the
discretion of the Planning Office.
Low water use plant A plant species whose demonstrated water needs are compatible with local climate and
soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has be-
come established. Any species classified as "very low water use" and "low water use" by WUCOLS, having
a regionally adjusted plant factor of 0.0 through 0.3, shall be categorically deemed a low water use plant.
Native plant A plant indigenous to a specific area of consideration. For the purpose of this division, the term
will refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifical-
ly to such plants that are suited to the ecology of the present or historic natural community of the project's
vicinity.
Special landscape area: An area of the landscape dedicated solely to edible plants, areas irrigated with re-
cycled water, water features using recyded water and areas dedicated to active play such as parks, sports
fields, golf courses, and where turf provides a playing surface.
Turf: A ground cover surface consisting of non -native grass species that is customarily mowed. Annual blue-
grass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are examples of cool- season turf
grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo
grass are warm - season turf grasses.
Water feature: A landscape design element where open water performs an aesthetic or recreational function.
Water features indude ponds, fountains, waterfalls and artificial streams. Also includes spas and swim-
ming pools that are ancillary to single- family, two - family and multi- family residential uses.
Wet surface area: The surface area of that portion of a water feature that functions to contain water, such as the
water surface of a swimming pool, spa, or garden pond. For a fountain or other feature with flowing water,
wet surface area shall be measured as a two dimensional plane bounded by the perimeter of the area where
water has been designed to flow.
2010 S -25
32G Landscaping Ordinance Appendix B
APPENDIX B - LANDSCAPE AND IRRIGATION viii. Proposed grading. See Section 16.08 of the
PLANS Cupertino Municipal Code for the requirements of when a
grading permit is required.
The landscape and irrigation design plan shall be ix. Seed mix, if applicable.
prepared as follows: 4. Delineate and label each hydrozone;
A. The landscape and irrigation design plans shall 5. Identify each hydrozone as low water, moderate
incorporate all applicable elements of Section 14.15.050 of water, high water, or mixed (low /moderate) water use, as
Chapter 14.15 of the Cupertino Municipal Code. defined by WUCOLS;
B. The landscape design portion shall be prepared 6. Identify special landscape areas;
by, and bear the signature of, a licensed landscape architect, 7. Identify type of mulch and application depth;
licensed landscape contractor, or any other person 8. Identify type and wet surface area of water
authorized by the State of California to design a landscape. features;
C. The irrigation design portion shall be prepared 9. Identify hardscapes (pervious and non - pervious);
by, and bear the signature of, a licensed landscape architect, and
certified irrigation designer, licensed landscape contractor, 10. Contain the following statement: "I have complied
or any other person authorized by the State of California to with the criteria of the Water Conservation in Landscaping
design an irrigation system. Ordinance and applied them for the efficient use of water in
D. The landscape design portion of the landscape and the landscape design plan. "
irrigation design plan, at a minimum, shall: E. The irrigation design portion of the landscape and
1. Provide basic project information, such as irrigation design plan, at a minimum, shall contain:
applicant name, site address, total landscape area and turf 1. Location, type and size of all components of the
area (square feet), irrigation water source (e.g. municipal, irrigation system, including controllers, main and lateral
well, recycled), retail water purveyor (if applicable), and lines, valves, sprinkler heads, moisture sensing devices, rain
project contacts. switches, quick couplers, pressure regulators, and backflow
2. Identify, in tabular form, all plants to be installed prevention devices;
as part of the project. The table shall include the following: 2. Static water pressure at the point of connection to
i. Symbol (representing the plant on the plan). the public water supply;
ii. Common name. 3. Flow rate (gallons per minute), application rate
iii. Botanical name. (inches per hour), and design operating pressure (pressure
iv. Container size. per square inch) for each station;
v. Quantity. 4. Irrigation schedule;
vi. Type (e.g. grass, forb, succulent, vine, shrub, 5. Location and size of separate water meters for
tree). landscape (if applicable); and,
vii. Water - efficient species identification. All 6. The following statement: "I have complied with
"native" and "low water use" plant species (defined in the criteria of the Water Conservation in Landscaping
Section 14.15.030) shall be so labeled. Ordinance and applied them accordingly for the efficient use
viii. Unique physical specifications of plants (e.g., of water in the irrigation design plan."
bare -root, field- potted, multi- trunk), if applicable. F. Grading. If the landscape project area will be
3. Include the following: graded, then, at a minimum, grading contours and quantities
i. General notes, planting notes, plant layout based shall be shown on the landscape design plan. Grading shall
on size at maturity, species, and symbol legend. meet all applicable requirements of Chapter 16.08 of the
ii. Spacing of proposed plantings. Cupertino Municipal Code, including permitting
iii. Topography requirements for grading in excess of established permit
iv. Trunk diameter of all existing trees whose trunk thresholds.
circumference is greater than 18.5 inches, measured 54 A geotechnical engineer should be consulted prior to
inches above grade. the installation of landscaping materials and irrigation
v. Existing features to remain, such as trees, hardware on slopes greater than 30 %, or in any areas where
fencing, hardscape, etc. slope stability may be compromised.
vi. Existing features to be removed. G. Wildfire Management. Plant list shall exclude
vii. Identification of pertinent site factors such as sun plant types that increase wildfire susceptibility. In areas
exposure, microclimate, property lines, buildings, designated wildland urban interface, by Chapter 16.74 of the
underground /above - ground utilities, existing drainage Cupertino Municipal Code, the plan shall demonstrate that
features, etc.
2010 S -25
Appendix B Cupertino - Streets, Sidewalks and Landscaping 32H
plants have been selected and arranged to provide defensible
space for wildfire protection, in conformance with Public
Resources Code Section 4291.
H. Storm Water Management. Storm water best
management practices shall be incorporated as appropriate
into the landscape installation, the details of which shall be
shown on the landscape design plan. Installation shall be
subject to the San Francisco Bay Region's National Pollutant
Discharge Elimination System (NPDES) storm water
discharge permit requirements and Chapter 9.18 of the
Cupertino Municipal Code. (Ord. 2058, (part), 2010)
2010 S -25
14.18.010
CHAPTER 14.18: PROTECTED TREES
Section
14.18.010 Purpose. D. Assist in the absorption of rain waters, thereby
14.18.020 Defmitions. preventing erosion of top soil, protecting against flood
14.18.025 Actions prohibited. hazards and the risk of landslides;
14.18.030 Retention promoted. E. Counteract air pollutants by protecting the known
14.18.035 Protected trees. capacity of trees to produce pure oxygen from carbon
14.18.040 Heritage tree designation. dioxide;
14.18.050 Heritage tree list. F. Maintain the climatic balance e.
14.18.060 Plan of protection. shade); ( g provide
14.18.070 Recordation. G. Help decrease
14.18.080 Heritage Tree Identification tag. velocities; P potential damage from wind
14.18.130 Enforcing authority. For the above reasons, the City fmds it is in the public
14.18.140 Exemptions. interest, convenience and necessity to enact regulations
14.18.145 Tree Management Plan. controlling the care and removal of protected trees within
14.18.150 Application and approval authority the City m order to retain as many trees as possible,
for tree removal. consistent with the individual rights to develop, maintain and
14.18.160 Director to inspect. enjoy private and public property to the fullest possible
14.18.170 Application requirements. extent. (Ord. 2003, 2007; Ord. 1573, § 2, 1991; Ord.
14.18.175 Notice and posting. 1543, § 2, 1991)
14.18.180 Review and determination of
application. 14.18.020 Definitions.
14.18.185 Tree replacement. Unless otherwise stated, the following definitions
14.18.188 Retroactive tree removal permit. pertain to this chapter.
14.18.190 Protection during conservation. A. "City" means the City of Cupertino situated in
14.18.200 Protection plan before permit the County of Santa Clara, California.
granted. B. "Developed residential" means any legal lot of
14.18.220 Notice of action on permit - Appeal. record, zoned single - family, duplex, agricultural residential
14.18.230 Penalty. and residential hillside, with any structure (principal or
accessory) constructed thereon.
C. "Development application" means an application
14.18.010 Purpose. for land alteration or development, including but not limited
In enacting this chapter, the City of Cupertino to subdivision of property, rezoning, architectural and site
recognizes the substantial economic, environmental and approval, two -story residential permit, minor residential
aesthetic importance of its tree population. Protected trees permit, planned development permit, variance, and use
are considered a valuable asset to the community. The permit.
protection of such trees in all zoning districts is intended to D. "Heritage tree" means any tree or grove of trees
preserve this valuable asset. The City fmds that the which, because of factors including, but not limited to, its
preservation of protected trees on private and public historic value, unique quality, girth, height or species, has
property, and the protection of all trees during construction, been found by the Planning Commission to have a special
is necessary for the best interests of the City and of the significance to the community.
citizens and public thereof, in order to: E. "Owner" shall include the legal owner of real
A. Protect property values; property within the City, and any lessee of such owner.
B. Assure the continuance of quality development; F. "Person" shall include an individual, a firm, an
C. Protect aesthetic and scenic beauty; association, a corporation, a co- partnership, and the lessees,
trustees, receivers, agents, servants and employees of any
such person.
2010 S -25
33
14.18.020 Cupertino - Streets, Sidewalks and Landscaping 34
G. "Private property" shall include all property not 3. Acer macrophyllum (Big Leaf Maple)
owned by the City or any other public agency. 4. Cedrus deodara (Deodar Cedar)
H. "Public property" includes all property owned by 5. Cedrus atlantica 'Glauca' (Blue Atlas Cedar)
the City or any other public agency. 6. Umbellularia californica (Bay Laurel or
I. "Protected tree" means any class of tree specified California Bay)
in Section 14.18.035. 7. Platanus racemosa (Western Sycamore)
J. "Tree removal" means any of the following: C. Any tree required to be planted or retained as part
1. Complete removal, such as cutting to the ground of an approved development application, building permit,
or extraction, of a protected tree; or tree removal permit or code enforcement action in all zoning
2. Severe pruning, which means the removal of districts.
more than one - fourth of the functioning leaf and stem area D. Approved privacy protection planting in R -1
of a protected tree in any twelve -month period as zoning districts.
determined by the Community Development Director. (Ord. 2003, 2007)
(Ord. 2056, (part), 2010; Ord. 2003, 2007; Ord. 1886,
(part), 2001; Ord. 1835, (part), 1999; Ord. 1810, (part), 14.18.040 Heritage Tree Designation.
1999; Ord. 1715, (part), 1996; Ord. 1573, § 3, 1991; Ord. Application for designation of a heritage tree may only
1543, § 3, 1991) be initiated by the owner of property on which the tree is
located, unless the tree is located on public or quasi- public
14.18.025 Actions Prohibited. property. Any person may apply for designation of a
A. It is unlawful to remove or kill any protected tree; heritage tree if the tree(s) are located on public or
and quasi - public property. An application for a heritage tree
B. It is unlawful to remove any protected tree m any designation shall include:
zoning district without first obtaining a tree removal permit. 1. Assessor's parcel number of the site;
(Ord. 2003, 2007) 2. Description detailing the proposed heritage tree's
special aesthetic, cultural, or historical value of significance
14.18.030 Retention Promoted. to the community; and
Protected trees are considered an asset to the 3. Photographs of the tree(s).
community and the pride of ownership and retention of these Application for designation of a heritage tree shall be
species shall be promoted. The Director of Community referred to the Planning Commission for review and
Development shall conduct an annual review of the status of determination in accordance with Section 19.124 of the
heritage trees and report the findings to the Planning Cupertino Municipal Code.
Commission. (Ord. 2003, 2007; Ord. 1715, (part), 1996; The Planning Commission, may, by resolution,
Ord. 1543, § 4.1, 1991) designate a tree or grove of trees as a heritage tree(s).
(Ord. 2003, 2007; Ord. 1715, (part), 1996; Ord. 1630,
14.18.035 Protected Trees. (part), 1993; Ord. 1543, § 4.2, 1991)
Except as otherwise provided m Section 14.18.140,
Exemptions, the following trees shall not be removed from 14.18.050 Heritage Tree List.
private or public property, including street trees subject to A heritage tree list shall be created and amended by
Chapter 14.12 of the Cupertino Municipal Code, without resolution. The list shall include the reason for designation,
first obtaining a tree removal permit: tree circumference, species name, common name, location
A. Heritage trees in all zoning districts. and heritage tree number. (Ord. 2003, 2007; Ord. 1543,
B. All trees of the following species (See Appendix § 4.3, 1991)
B) that have a minimum single -trunk diameter of ten inches
(31 -inch circumference) or minimum multi -trunk diameter 14.18.060 Plan of Protection.
of 20 inches (63 -inch circumference) measured 4 -1/2 feet As part of a development application:
from natural grade: A. The approval authority shall adopt a
1. Quercus (native oak tree species), including: maintenance plan for protected trees. It shall be the
a. Quercus agrifolia (Coast Live Oak) property owner(s)' responsibility to protect the trees.
b. Quercus lobata (Valley Oak) B. Privacy protection planting in R -1 zoning districts
c. Quercus kelloggii (Black Oak) shall be maintained. Landscape planting maintenance
d. Quercus douglasii (Blue Oak) includes irrigation, fertilization and pruning as necessary to
e. Quercus wislizeni (Interior Live Oak) yield a growth rate expected for a particular species. Where
2. Aesculus californica (California Buckeye)
2010 S -25
14.24.010
CHAPTER 14.24: UNDERGROUND UTILITIES -NEW DEVELOPMENTS*
Section
14.24.010 Intent. D. "Overhead lines and structures" means
14.24.020 Definitions. conductors, wires, poles, towers, supports, guys, stubs,
14.24.030 Required. platforms, crossarms, braces, transformers, insulators,
14.24.040 Exceptions. cutouts, switches, communication circuits, attachments and
14.24.050 Zones excepted. appurtenances located above ground and used or useful in
14.24.060 Administrative exceptions. supplying electric, communication, or similar or associated
14.24.070 Use permit exceptions. services.
14.24.080 Transition. E. "Public utility" means a distribution facility,
owned and /or operated by the City or another government
* See Title 18, Subdivisions. agency or by a private utility company, intended to
distribute water, gas, heat, electricity, communications, and
similar supplies.
14.24.010 Intent. F. "Transmission line" means electric supply line
Underground public utilities improve the aesthetic with a nominal voltage of more than twenty -two thousand
quality of a development, and stricter requirements in open volts.
areas may preserve natural beauty. A chapter providing for G. "Service facilities" means conductors, whether
standards to further these goals will give areas of the City a overhead or underground, necessary to:
more contemporary aspect and will help to preserve 1. Connect the service entrance conductors of
property values in the future. customer to a utility's supply line, regardless of location of
This chapter deals mainly with the public utilities in the utility's meters or transformers;
new developments. It is the intent of the City to enact 2. Extend a communication distribution line to
another ordinance at a later date, in order to provide for customer's premises. (Ord. 331, § 2, 1966)
gradual conversion of existing utilities from overhead to
underground. (Ord. 331, § 1, 1966) 14.24.030 Required.
A. All utility distribution facilities, including but not
14.24.020 Definitions. limited to electric communication and cable television lines,
A. "Development area" means an area for which one installed in and for the purpose of supplying service to any
contiguous development plan, tentative map or record of new development area within the City, shall be placed
survey has been submitted to the Planning Commission. underground from the date the ordinance codified herein
B. "Development plan" means a plan for a takes effect; except m cases specified in Sections 14.24.040
development area, meeting all the requirements as to form through 14.24.080.
and content of a tentative map required m Chapter 18.08, B. The developer shall be responsible for complying
and containing additional information, including but not with the requirements of this chapter and other related
limited to the following: Types of buildings and areas for ordinances and regulations of the City, and shall make the
the public in general or reserved for occupants of the necessary arrangements with the utility companies involved
development area or part thereof; proposed restrictive for the installation of said facilities. (Ord. 331, § 3, 1966)
covenants and /or documents providing for maintenance;
driveways, tables showing distribution of area; intended 14.24.040 Exceptions.
time schedule for construction. A. Equipment appurtenant to underground facilities,
C. "Distribution line" means an electric supply line such as surface mounted transformers, pedestal mounted
with a nominal voltage of twenty -two thousand volts or less terminal boxes and meter cabinets, and concealed ducts, is
or a communication line. excepted from the requirements of Section 14.24.030 A.
When required by the City Engineer, such appurtenant
facilities shall be effectively screened from view by
43
14.24.040 Cupertino - Streets, Sidewalks and Landscaping 44
landscaping or other means; plans for said screening shall be requirements for underground utilities, in whole or in part,
subject to approval by the City Engineer. Appurtenant where an applicant shows, to the satisfaction of the
facilities which are installed and owned by the developer are Commission:
also excepted when approved by the City Engineer and the 1. That there are exceptional or extraordinary
Chief Building Inspector. topographical, soil or other conditions or circumstances not
B. Poles used exclusively for street lighting, police common to similar developments, which would make
and fire alarm boxes, traffic control facilities, or any similar undergrounding of utilities an undue hardship on the
municipal equipment installed under the supervision of and applicant; and
to the satisfaction of the City Engineer or the Building 2. That the granting of an exception would not be
Official shall be excepted from the requirements of this detrimental to health, safety and public welfare; or injurious
chapter. to property values or improvements in the neighborhood.
C. When undergrounding of utilities results in a B. Specifically, a development area adjoining
substantial visual impact by increasing the mass of overhead previously developed areas with overhead utilities on at least
lines and structures, the requirements of this chapter shall be three sides may be excepted from underground
excepted. (Ord. 1651, § 1 (part), 1994; Ord. 331, § 4, requirements, unless they are required by some other
1966) ordinance of the City. (Ord. 2056, (part), 2010; Ord. 331,
§ 7, 1966)
14.24.050 Zones Excepted.
The provisions of Section 14.24.030 A shall not apply 14.24.080 Transition.
to agricultural and agricultural- residential areas, for which A. Development areas where street construction has
general zoning ordinances or conditions to a rezoning, or a been completed to the full width of the right -of -way on the
tentative map, require a minimum lot size of five acres or effective date of the ordinance codified herein shall be
more; nor shall they apply to heavy industrial (MR) zones. excepted from the provisions of Section 14.24.030 A.
(Ord. 331, § 5, 1966) B. Development areas, for which an application for
approval of a tentative map has been filed before the
14.24.060 Administrative exceptions. effective date of the ordinance codified herein shall be
A. Cases stated in the following subsections will be excepted from the provisions of Section 14.24.030 A;
excepted from the provisions in Section 14.24.030 A; provided that the tentative map has been or is subsequently
provided that the City Planner makes a finding that they approved by the City Council; further provided that street
qualify according to the intent of the chapter. Rulings by construction is begun within one year and is completed
the City Planner may be appealed to the Planning within two years of either the date of approval by the City
Commission. The City Planner shall submit borderline Council of the tentative map, or the effective date of the
cases to the Planning Commission for decision. ordinance codified herein, whichever date is the latest.
B. Connecting distribution lines through undeveloped C. Any part of a development area where street
areas are permitted as overhead lines until the time when the construction has not been completed at the date set forth in
area is developed; or for a shorter time as specified by the the above subsection B shall be provided with underground
City Planner. utilities in accordance with this chapter; except that the City
C. Connecting distribution lines through permanent Engineer may permit an extension of the deadline date in
open space, such as large parks predominantly remaining in cases where delays are due to an act of God or other
natural state, will be permitted as overhead lines; provided circumstances beyond the control of the developer or utility
that such lines are located and designed to make them company or agency. Delay due to slower progress of the
compatible with the park. The City Planner shall consult sale, lease or rental of homes, apartments or other property
with the proper authority or authorities concerned with the than anticipated shall not constitute a reason for extension of
planning and aesthetics of the park. this deadline. (Ord. 1651, § 1 (part), 1994; Ord. 331, § 8,
D. Transmission lines will be permitted as overhead 1966)
lines; provided that location of right -of -way and towers,
masts or poles minimizes obstruction of view and the design
is aesthetically compatible with the area. (Ord. 331, § 6,
1966)
14.24.070 Use Permit Exceptions.
A. The Planning Commission may, through the
granting of a planned development and/or use permit, waive
2010 S -25
16.04.010
CHAPTER 16.04: BUILDING CODE ADOPTED*
Section
16.04.010 Adoption of California Building Code. G. 2007 California Historical Building Code;
16.04.020 Organization and enforcement. H. 2007 California Existing Building Code; (Ord.
16.04.030 Permits and inspections. 2021, (part), 2007; Ord. 1907, (part), 2002; Ord. 1824,
16.04.050 Address posting. (part), 1999; Ord. 1706, Exh. A (part), 1995)
16.04.060 Installation of spark arresters.
16.04.080 Roof covering classification. 16.04.020 Organization and Enforcement.
16.04.110 Amending Sections 1614, 1614.1, and Section 112 of the 2007 California Building Code is
1614.3. amended to read as follows:
16.04.130 Other inspection fees —Table 1 -A.
16.04.160 Penalty. Section 112 - Board of A
16.04.170 Amending Sections 1614, 1614.1 anc determine the suitability of alternate mat als and In order to
methods
1614.1.7. of construction and to provide for reasonable interpretations
16.04.180 Amending Section 1908.1 and adding of the provisions of this code, there shall be and is hereby
Section 1908.1.17. created a Board of Appeals consisting of five members who
16.04.230 Vertical combinations — Amendment. are qualified by experience and training to pass upon matters
16.04.340 Conventional construction provisions pertaining to building construction installations and
(Bracing) - Amendment. materials. The Building Official shall be an ex officio
* member and shall act as Secretary of the Board. The Board
For statutory provisions regarding the authority of Appeals shall be appointed by the Mayor, subject to the
of cities to regulate the building, construction and approval of the City Council, and shall hold office at his
removal of buildings within the city, see Gov. pleasure. The Board shall adopt reasonable rules and
Code § 38601; for other provisions concerning regulations for conducting its investigations and shall render
the authority of cities in regulating buildings and all decisions and findings in writing to the Building Official,
construction, see Gov. Code § 38660; for the with a duplicate copy to the appellant, and may recommend
provisions of the State Housing Act, see Health to the City Council such new legislation as is consistent
and Safety Code § 17910 et seq. therewith. The same personnel of the Board of Appeals
appointed under this code may act as the Board of Appeals
16.04.010 Adoption of California Building Code. under the other building construction uniform codes. In the
The Building Code for the city shall be the 2007 body, the Council hallserve as said Appeals ardislative
Edition of the California Building Code, Volumes land 2 (Ord. 2021, (part), 2007; Ord. 1706, Exh. A (part), 1995)
inclusive and Appendices which follow:
16.04.030 Permits and Inspections.
APPENDIX CHAPTERS Section 109.3.8 of the 2007 California Building Code
Appendix is amended to read as follows:
The following ppendix Chapters from the 2007 UBC
are adopted:
A. C - U Buildings; Section 109.3.8 - Other Inspections: In addition
to the called inspections specified above, the Building
B. D - Fire Districts; Official may make or require any other inspections of any
C. Amend D102.2.5 Roof Covering; construction work to ascertain compliance with the
D. F - Rodent Proofing; provisions of this code and other laws which are enforced by
E. G - Flood- Resistant Construction; the Building Department. For the purpose of determining
F. I - Patio Covers;
2008 S -15 3
16.04.030 Cupertino - Buildings and Construction 4
compliance, the Building Official may cause any structure The 2007 California Building Code, Section 1501.1
to be reinspected. If any inspection is made at the request Exception is deleted.
of any individual, property owner or lending institution, a
fee equal to the cost of making such inspection shall be Precipitation, relative humidity, temperature and wind.
charged as set forth in the latest resolution adopted by the These local climatic conditions affect the acceleration,
city. intensity and size of fire hazard of a community.
(Ord. 2021, (part), 2007; Ord. 1706, Exh. A (part), 1995)
Times of little or no rainfall, of low humidity, high
16.04.050 Address Posting. temperatures and the winds experienced in this area
No Certificate of Occupancy or final building approval can have a tremendous impact upon structure fires
for new construction or alterations shall be granted until the especially when buildings are close proximity to one
building or residence has a street address number posted on another.
the building in a visible location. The size of the numbers
shall be a minimum of five inches high for commercial or Geographic and Topographic:
industrial buildings. Residences designated R3 shall have
number sizes of three inches minimum. R1 and Planned Seismic location. Seismically, the city has the San
Developments shall submit a numbering schedule for Andreas and Sargent - Berocal faults running through
approval by the Building Department and the Fire the lower foothills and the Monta Vista fault system
Department. All commercial buildings having a single closer to the valley floor area. The Hayward fault is
address assigned with multi -suite arrangements shall have just northeast of the city which would have a major
the suite - numbering system approved or assigned by the effect upon the city if it were to rupture. Adding to
Building Department with an approved copy to the Fire this threat is the number of vehicles driven in the city
Department for emergency use. (Ord. 2056, (part), 2010; is steadily increasing with commuters driving to and
Ord. 1706, Exh. A (part), 1995) through the city either to their homes, shopping and /or
places of employment. With so many vehicles on the
16.04.060 Installation of Spark Arresters. road at any given time during the day can play a major
In new construction or when alterations, repairs or role on the response time of emergency services thus
additions requiring a permit and having a valuation in excess greatly increasing the risk to property and life.
of one thousand dollars occur, all new and existing fireplace
chimneys shall terminate in a substantially constructed spark Local climatic, geographic and topographic conditions
arrester, having a mesh not exceeding one -half inch. (Ord. impact potential damage to all structures from
1706, Exh. A (part), 1995) earthquake and subsequent fire.
(Ord. 2021, (part), 2007; Ord. 1742, (part), 1996)
16.04.080 Roof Covering Classification.
Section 1505 of the 2007 California Building Code is 16.04.110 Amending Sections 1614, 1614.1, and
amended to read: 1614.3.
Roof coverings on all buildings and structures Section 1614, 1614.1 and 1614.1.3 are added to
hereafter erected or constructed in the City, shall be Chapter 16 of the 2007 California Building Code to read as
fire- retardant, and shall comply with the standards follows:
established for Class A roofmg. All recovering or
replacement roofs for existing buildings and structures SECTION 1614
shall comply the 2007 California Building Code MODIFICATION TO ASCE 7.
Section 1510 and shall be fire - retardant, and comply
with the standards established for Class A roofing. 1614.1 General. The text of ASCE 7 shall be modified
as indicated in this Section.
Except that a replacement or recovering of less than 10
percent of the total roof area shall be exempt. This 1614.1.3 ASCE 7, Section 12.8.1.1. Modify ASCE 7
exception will not apply if recovering or replacement Section 12.8.1.1 by amending
of 10 percent or more of the existing roof is done in Equation 12.8 -5 as follows:
any three consecutive year period.
Cs =0.044 SDS I z 0.01 (Eq. 12.8 -5)
2010 S -25
45 Swimming Pools 16.32.030
d. Issue upon request a certificate of approval for tenant or licensee, on which there is now situated or at any
any work approved by him; time hereafter may be situated a swimming pool, fish pond,
e. Condemn and reject all work done or materials wading pool or any other body of water regulated by this
used or being used which do not in all respects comply with chapter, any portion of which is sixteen inches or more in
the provisions of this chapter; depth, shall maintain on the lot or premises upon which such
f. Order changes in workmanship or materials or swimming pool, fish pond, wading pool or other artificial
both essential to obtain compliance with all provisions of this body of water is located, and completely surrounding such
chapter; body of water, fence, wall or other structure not less than
g. Investigate any construction or work regulated by five feet m height, nor more than six feet in height; provided
this chapter and issue such notices and orders as provided in however, that except for doors or gates, the horizontal
subsections 16.32.060B and C; dimension of any opening, holes or gaps in the fence, wall
h. Keep a record of all essential transactions of his or other structure shall not exceed three inches and that no
office; offset perpendicular to the horizontal dimension shall exceed
i. Transfer all fees collected by him to the proper one -half inch; and provided further, that an apartment
authority provided by law to receive such funds; house, dwelling house or accessory building may be used as
j. Maintain an official register of all persons, firms a part of such enclosure. All gates or doors opening through
or corporations lawfully entitled to carry on or engage in the such enclosure shall be equipped with a self - closing and
business of pool installation. self - latching device designed to keep, and being capable of
B. Application. keeping, such door or gate securely closed at all times when
1. No provisions of this chapter shall be deemed to not in actual use, with such latching either placed five feet
require a change in any portion of a pool system or any above ground level, or otherwise made inaccessible from the
other work regulated by this chapter in or on an existing outside to children; provided however, that the door of any
pool when such work was installed in accordance with the dwelling unit occupied by human beings and forming any
law prior to the effective date of the ordinance codified in part of the enclosure hereinabove required need not be so
this chapter; except when any pool system or code work equipped. All such gates or doors shall be kept closed or
regulated by this chapter is determined by the Administrative latched when the pool or body of water is not under the
Authority to be, in fact, dangerous, unsafe and a menace to constant supervision of a qualified adult guard.
life, health or property. B. Manmade decorative pools of water located
2. The provisions of this chapter shall apply to all within a commercial or industrial development or within a
new construction, to any alterations, repairs or planned development project where the pool will be owned
reconstruction, except as provided in this chapter. and maintained by a Homeowners Association may be
C. Repairs and Alterations. On existing premises on maintained at a depth in excess of sixteen inches provided
which pool installations are to be altered, repaired or that the design of the pool has all of the following safety
renovated, deviations from the provisions of this chapter are features:
permitted, provided such deviations are found to be 1. There should be no large abrupt changes in water
necessary and are first approved by the Administrative depth in areas of uncontrolled access.
Authority. 2. Slopes should be controlled to insure good footing
D. Public Pools. Requirements for public pools shall for persons in the water, regardless of whether or not entry
comply with Division 20, Chapter 1, Sections 24100 to to the water is allowed or prohibited. No slope steeper than
24109 inclusive of the California Health and Safety Code, five to one (one vertical foot for each five feet horizontal)
and Chapter 5, Subchapter 1, Group 6, Sections 7774 to shall be allowed without approval by the Administrative
7833 inclusive, California Administrative Code, Title 17, Authority.
Public Health, and Chapter 90 of the Uniform Building 3. All slope areas should be designed and
Code, and plans shall be reviewed by the Santa Clara constructed to prevent or restrict weed and insect growth
County Health Department. Structural plans, site locations, with minimum turbidity problems. In general, this requires
and structures relating to public pools shall meet the some form of hardened surface on the slopes.
requirements of other sections of this chapter. (Ord. 1620, 4. Shoreline erosion should be prevented to preserve
(part), 1993; Ord. 1595, Exh. A (part), 1992; Ord. 624, the safety conditions built into a project.
(part), 1974) The Administrative Authority may require the
applicant to obtain and submit a safety report from a safety
16.32.040 Safety Requirements. consultant to assure that all safety aspects of such pool have
A. Every person who owns or is in possession of any been considered.
premises, whether as purchaser under contract, lessee,
2010 S -25
16.32.040 Cupertino - Buildings and Construction 46
C. Fencing to provide adequate protection, when water velocity shall not exceed eight feet per second in
required in this section, shall be installed immediately after copper piping.
excavation. D. Pumps.
D. Exception. Nothing in this section shall apply to 1. Pool circulating pumps shall be equipped on the
any body of water owned or operated by the city. (Ord. inlet side with an approved type hair and lint strainer when
2056, (part), 2010; Ord. 1620, (part), 1993; Ord. 1595, used with a pressure filter.
Exh. A (part), 1992; Ord. 1431, 1988; Ord. 722, 1976; 2. Pumps shall be mounted on a substantial base in
Ord. 624, (part), 1974) a manner that will eliminate strain on piping.
3. Pumps shall have design capacity at the following
16.32.050 New Construction Requirements. heads:
Unless otherwise specified in this chapter, all piping, a. Pressure diatomaceous earth, at least sixty feet;
equipment and materials used in the plumbing system shall b. Vacuum diatomaceous earth, twenty inches
conform to the current Uniform Plumbing Code, published vacuum on the suction side and forty feet total head;
by the International Association of Plumbing Officials, as c. Rapid sand, at least forty -five feet;
adopted by the city. d. High rate, at least sixty feet.
A. Approvals. All materials, piping, valves, E. Fullway Gate Valves.
equipment or appliances entering into the construction of 1. Fullway gate valves shall be installed to insure
pools or portions thereof shall be of a type complying with proper functioning of the filtration and piping system.
this chapter or of a type recommended and approved by a a. When the pump is located below the overflow rim
nationally recognized testing agency or to other recognized of the pool, a valve shall be installed on the discharge outlet
standard acceptable to the Administrative Authority. For and the suction line. The valves shall be located in an
any items not specifically covered in these requirements, the accessible place.
Administrative Authority is authorized to require that all b. Valves shall be made of materials that are
equipment, materials, methods of construction and design approved in the Uniform Plumbing Code. NOTE:
features shall be proven to function adequately, effectively Combination valves may be installed when approved by the
and without excessive maintenance and operational Administrative Authority.
difficulties. F. Water Supply. Unless an approved type of filling
It shall be the responsibility of the applicant to provide system is installed, any water supply which, in the judgment
such data, tests or other adequate proof that the device, of the Administrative Authority may be used to fill the pool,
material or product will satisfactorily perform the function shall be equipped with backflow protection. No over the
for which it is intended, before such item shall be approved rim fill spout shall be accepted unless located under a diving
or accepted for tests. board, or properly guarded.
B. Alternate Materials and Methods of Construction. G. Waste Water Disposal. No direct or indirect
1. The provisions of this chapter are not intended to connection shall be made between any storm drain, sewer,
prevent the use of any alternate material, method of drainage system, seepage pit, underground leaching pit, or
construction, appliance or equipment provided any such subsoil drainage line, and any line connected to a pool unless
alternate has been first approved and its use authorized by approved by the Administrative Authority.
the Administrative Authority. H. Separation Tank. A separation tank of an
2. When there is insufficient evidence to substantiate approved type may be used in lieu of the aforementioned
claims for alternates, the Administrative Authority may means of waste water disposal when connected as a
require tests, as proof of compliance, to be made by an reclamation system.
approved agency at the expense of the applicant. I. Tests.
C. Engineering Design. All design, construction and 1. All pool piping shall be inspected and approved
workmanship shall be in conformity with accepted before being covered or concealed. It shall be tested and
engineering practices and shall be of such character as to proved tight to the satisfaction of the Administrative
secure the results sought to be obtained by this chapter: Authority, under a static water or air pressure test of not
1. Every pool shall be equipped complete with less than thirty -five PSI for fifteen minutes.
approved mechanical equipment consisting of filter, pump, 2. All drainage and waste piping shall be tested as
piping, valves and component parts. EXCEPTION: Pools required by the current Uniform Plumbing Code.
with a supply of fresh water equivalent to the volume of the J. Drain Piping.
pool in the specified turnover time will be allowed. 1. Drainage piping serving gravity overflow gutter
2. Except where inlet jets are used, the pool piping drains and deck drains shall be installed to provide
shall be sized so that the water velocity will not exceed ten continuous grade to point of discharge.
feet per second for the pool design flow, except that the
2010 S -25
18.28.010
CHAPTER 18.28: VESTING TENTATIVE SUBDIVISION MAPS
Section
18.28.010 General. parcel map, a vesting tentative map may instead be filed, in
18.28.020 Consistency. accordance with the provisions hereof.
18.28.030 Defmitions. B. If a subdivider does not seek the rights conferred
18.28.040 Application. by the Vesting Tentative Map Statute, the filing of a vesting
18.28.050 Filing and processing. tentative map shall not be a prerequisite to any approval for
18.28.060 Fees. any proposed subdivision, permit for construction, or work
18.28.070 Expiration. preparatory to construction. (Ord. 1948, (part), 2004; Ord.
18.28.080 Vesting on approval of vesting 1384, Exhibit A (part), 1986)
tentative map.
18.28.090 Applications inconsistent with 18.28.050 Filing and Processing.
current policies. 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
18.28.010 General. other provisions of this title for a tentative map except as
The form, contents, submittal and approval of vesting follows:
tentative subdivision maps shall be governed by the A. At the time a vesting tentative map is filed it shall
provisions of this chapter. (Ord. 1384, Exhibit A (part), have printed conspicuously on its face the words "Vesting
1986) Tentative Map."
B. A conceptual zoning plan must be adopted and in
18.28.020 Consistency. effect and a planned development permit must be approved
No land shall be subdivided and developed pursuant to and in force prior to the filing of a vesting tentative map for
a vesting tentative map for any purpose which is inconsistent property located in a planned development zone.
with the General Plan and any applicable specific plan or not C. A development zoning plan or conceptual zoning
permitted by the Zoning Ordinance or other applicable plan must be adopted as in effect prior to the filing of a
provisions of the Municipal Code. (Ord. 1384, Exhibit A vested tentative map for the subject property.
(part), 1986) D. At the time a vesting tentative map is filed, a
subdivider shall also file these other applications, complete
18.28.030 Definitions. with required fees, plans, and other documentation that
A. Vesting Tentative Map. A "vesting tentative would otherwise be required for the recordation of a fmal
map" means a tentative map for a residential subdivision, as map and issuance of building permits. (Ord. 2056, (part),
defined in this title, that shall have printed conspicuously on 2010; Ord. 1948, (part), 2004; Ord. 1384, Exhibit A (part),
its face the words "Vesting Tentative Map" at the time it is 1986)
filed in accordance with Section 18.28.050, and is thereafter
processed in accordance with the provisions hereof. 18.28.060 Fees.
B. Other Defmitions. All other definitions set forth Upon filing a vesting tentative map, the subdivider
in other provisions of this title are applicable. (Ord. 1384, shall pay the fees required by the other provisions of this
Exhibit A (part), 1986) title for the filing and processing of a tentative map. Unless
otherwise stated in other provisions of this title and
18.28.040 Application. established fee schedules, the amount of the fee shall be
A. Whenever a provision of the Subdivision Map determined at the time the fmal map is authorized by City
Act, as implemented and supplemented by other provisions Council for recordation. (Ord. 1384, Exhibit A (part),
of this title, requires filing of a tentative map or tentative 1986)
2010 S -25 27
18.28.070 Cupertino - Subdivisions 28
18.28.070 Expiration. referred to m this section shall continue until the expiration
The approval or conditional approval of a vesting of that permit, or any extension of that permit. (Ord. 1384,
tentative map shall expire at the end of the same time Exhibit A (part), 1986)
period, and shall be subject to the same extensions,
established by other provisions of this title for the expiration 18.28.090 Applications Inconsistent with Current
of the approval or conditional approval of a tentative map. Policies.
(Ord. 1384, Exhibit A (part), 1986) Notwithstanding any provision of this title, a property
owner or his or her designee may seek approvals or permits
18.28.080 Vesting on Approval of Vesting Tentative for development which depart from the ordinances, policies
Map. and standards described in this section and Section
A. Vesting. The approval or conditional approval of 18.28.080A, and local agencies may grant these approvals
a vesting tentative map shall confer a vested right to proceed or issue these permits to the extent that the departures are
with development in substantial compliance with the authorized under applicable law. (Ord. 1384, Exhibit A
ordinances, policies and standards described in Government (part), 1986)
Code Section 66474.2.
However, if Section 66474.2 of the Government Code
is repealed, the approval or conditional approval of a vesting
tentative map shall confer a vested right to proceed with
development in substantial compliance with the ordinances,
policies and standards in effect at the time the vesting
tentative map is approved or conditionally approved.
B. Conditional or Denial. Notwithstanding
subsection A of this section, a permit, approval, extension
or entitlement may be made conditional or denied if any of
the following are determined:
1. A failure to do so would place the residence of
the subdivision or the immediate community, or both, in a
condition dangerous to their health and /or safety;
2. The condition or denial is required in order to
comply with state or federal law.
C. Duration of Rights. The rights referred to in this
section shall expire if a fmal map is not approved prior to
the expiration of the vesting tentative map as provided in
Section 18.28.070. If the fmal map is approved, these rights
shall last for the following periods of time:
1. An initial time period of one year. Where several
fmal maps are recorded on various phases of a project
covered by a single vesting tentative map, this initial time
period shall begin for each phase when the fmal map for that
phase is recorded.
2. The initial time period set forth in subdivision 1
of this subsection shall be automatically extended by any
time used for processing a complete application for a
grading permit or for design or architectural review, if such
processing exceeds thirty days from the date a complete
application is filed.
3. A subdivider may apply for a one -year extension
at any time before the initial time period set forth in
subdivision 1 of this subsection expires. If the extension is
denied, the subdivider may appeal that denial to the
legislative body within fifteen days.
4. If the subdivider submits a complete application
for a building permit during the periods of time specified in
subdivisions 1 through 3 of this subsection, the rights
TITLE 19: ZONING
Chapter
19.04 General Provisions
19.08 Definitions
19.12 Designations and Establishment of Districts
19.16 Agricultural (A) Zones
19.20 Agricultural- Residential (A -1) Zones
19.24 Open Space (OS) Zones
19.28 Single - Family Residential (R -1) Zones
19.32 Residential Duplex (R -2) Zones
19.36 Multiple - Family Residential (R -3) Zones
19.40 Residential Hillside (RHS) Zones
19.44 Residential Single - Family Cluster (RIC) Zones
19.48 Planned Development (P) Zones
19.50 Reasonable Accommodation
19.52 Density Bonus
19.56 General Commercial (CG) Zones
19.60 Light Industrial (ML) Zones
19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation
(1) Zones
19.68 Park and Recreation (PR) Zones
19.72 Private Recreation (FP) Zones
19.76 Administrative and Profession Office (OA) Zones
19.80 Accessory Buildings /Structures
19.81 Recycling Areas
19.82 Beverage Container Redemption and Recycling Centers
19.84 Second Dwelling Units in R -1, RHS, A and A -1 Zones
19.88 Conversions of Apartment Projects to Community Housing Projects
19.92 Home Occupations
19.100 Parking Regulations
19.104 Adult Oriented Commercial Activities
19.106 Concurrent Sale of Alcoholic Beverages and Gasoline
19.108 Wireless Communications Facilities
19.112 Nonconforming Uses and Nonconforming Facilities
19.116 Development Agreements
19.118 Required Artwork in Public and Private Developments
19.120 Amendment:; to the Zoning Maps and Zoning Regulations
19.124 Conditional Use Permits and Variances
19.128 Temporary Uses
19.132 Administrative Approval of Minor Changes in Projects
19.134 Architectural! and Site Review
19.136 Appeals
2010 S -25
1
7 Definitions 19.08.030
"Basement" means any floor below the first story in a "Child" means a person who is under ten years of age
building that is fully submerged below grade except for for whom care and supervision are being provided in a day
lightwells required for light, ventilation and emergency care home or day care facility.
egress. A basement may have a maximum exterior wall "Child day care facility" means a facility, licensed by
height of two feet between natural grade and ceiling. the State or County, which provides care to children under
"Block" means any lot or group of contiguous lots eighteen years of age in need of personal service,
bounded on all sides by streets, railroad rights -of -way, or supervisors, or assistance essential for sustaining the
waterways, and not traversed by any street, railroad right- activities of daily living or for the protection of the
of -way or waterway. individual on a less than twenty- four -hour basis. Child day
"Boarding home" means any building used for the care facility includes day care centers and family day care
renting of rooms or providing of table board for from three homes and includes the following:
to five persons, inclusive, over the age of sixteen years, who 1. "Large child care facility," which means a
are not members of the same family. facility which provides child and day care to seven to twelve
"Building" means any structure used or intended for children inclusive;
supporting or sheltering any use or occupancy when any 2. "Small child care facility," which means a facility
portion of a building is completely separated from every which provides child day care for one to six children
other portion thereof by an "area separation wall" as defined inclusive.
by the Uniform Building Code, then each such portion shall "Church" means a use providing facilities for
be deemed to be a separate building. organized religious worship and religious education
Building, Attached. "Attached building" means incidental thereto, but excluding a private educational
buildings which are physically connected by any structural facility. A property tax exemption obtained pursuant to
members or wall, excluding decks, patios or fences. Section 3(0 of Article XIII of the Constitution of the State
"Building coverage" means that portion of the net lot of California and Section 206 of the Revenue and Taxation
area encompassed within the outermost wall line which Code of the State of California, or successor legislation,
defines a building enclosure. constitutes prima facie evidence that such use is a church as
"Business" or "commerce" means the purchase, sale defined in this section.
or other transaction involving the handling or disposition of "College" or "university" means an educational
any article, substance or commodity for profit or livelihood, institution of higher learning which offers a course of studies
including, in addition, office buildings, offices, shops for the designed to culminate in the issuance of a degree or defined
sale of personal services, garages, outdoor advertising signs by Section 94302 of the Education Code of the State of
and structures, hotels and motels, and recreational and California, or successor legislation.
amusement enterprises conducted for profit. "Commercial recreation" means a use providing
"Business or trade school" means a use, except a recreation, amusement, or entertainment services, including
college or university, providing education or training in theaters, bowling lanes, billiard parlors, skating arenas, and
business, commerce, language, or similar activity or pursuit, similar services, operated on a private or for - profit basis,
and not otherwise defined as a home occupation. but excluding uses defined as outdoor recreation services.
"Canopy" means any roof -like structure, either "Community center" means a place, structure, area, or
attached to another structure or freestanding, or any other facility used for and providing religious, fraternal,
extension of a roof line, constructed for the purpose of social and/or recreational programs generally open to the
protection from the elements in connection with outdoor public and designated to accommodate and serve a
living. significant segment of the community.
"Car shelter" means a roofed structure or a part of a "Community housing project" means a condominium
building not enclosed by walls, intended and designed to project as defmed in Section 135 of the California Civil
accommodate one or more vehicles. Code, a community apartment project as defmed in Section
"Centerline" means the centerline as established by the 11004 of the California Business and Professions Code,
County Surveyor of Santa Clara County, the City Engineer, containing two or more rights of exclusive occupancy, or a
or by the State Division of Highways of the State of stock cooperative, as defined in Section 11003.2 of the
California. California Business and Professions Code, containing two or
"Change of use" means the replacement of an existing more separately owned lots, parcels or areas.
use by a new use, or a change in the nature of an existing "Congregate residence" means any building or portion
use, but not including a change in ownership, tenancy or thereof which contains facilities for living, sleeping and
management where the previous nature of the use, line of sanitation, as required pursuant to the Uniform Building,
business, or other function is substantially changed. Housing and Fire Codes and may include facilities for eating
and cooking for nontransient occupancy primarily by
19.08.030 Cupertino - Zoning 8
persons eighteen years old and older, in which the 1. "Large - family day care home," which means a
responsibilities for rent, housekeeping, cooking and other home which provides family day care to seven to twelve
household maintenance chores are shared among the children, inclusive, including children under the age of ten
occupants. years who reside at the home;
"Convalescent facility" means a use other than a 2. "Small - family day care home," which means a
residential care home providing inpatient services for home which provides family day care to six or fewer
persons requiring medical attention, but not providing children, including children under the age of sixteen years
surgical or emergency medical services. "Convenience who reside at the home.
market" means a use or activity that includes the retail sale "Developer" means the owner or subdivider with a
of food, beverages, and small personal convenience items, controlling proprietary interest in the proposed community
including sale of food in disposable containers primarily for housing project, or the person or organization making
off - premises consumption, and typically found in application thereunder.
establishments with long or late hours of operation and in "Development Permit" means a permit issued by the
relatively small buildings, but excluding delicatessens and City Council, Planning Commission, Design Review
other specialty food shops and establishments which have a Committee, Director of Community Development, or any
sizable assortment of fresh fruits, vegetables, and fresh -cut other decision body as empowered by the Cupertino
meats. Municipal Code, approving architecture, site improvements,
"Conversion" means a change in the type of ownership buildings, structures, land and /or uses. Development
of a parcel (or parcels) of land, together with the existing Permits may include but shall not be limited to
attached structures, to that defined as a community housing Administrative Approvals, Two -story Permits, Minor
project, regardless of the present or prior use of such land Residential Permits, Architectural and Site Approvals,
and structures and whether substantial improvements have Planned Development Permits, Conditional Use Permits,
been made or are to be made to such structure. Exceptions, Variances or Subdivision Maps.
"Corner triangle" means a triangular- shaped area "District" means a portion of the territory within the
bounded by: City within which certain uses of land, premises and
1. The intersection of the tangential extension of buildings are permitted and certain other uses of land,
front and end property lines as formed by the intersection of premises and buildings are prohibited, and within which
two public rights -of -way abutting the said property lines; certain yards and other open spaces are required and certain
and building site areas are established for buildings, all as set
2. The third boundary of the triangular- shaped area forth and specified in this title.
shall be a line connecting the front and side property lines at "Drinking establishment" means an activity that is
a distance of forty feet from the intersection of the tangential primarily devoted to the selling of alcoholic beverages for
extension of front and side property lines. consumption on the premises.
"Court" means an open, unoccupied space, other than "Drive- through establishment" means an activity where
a yard, on the same lot with a building or buildings and a portion of retailing or the provision of service can be
which is bounded on two or more sides by such building or conducted without requiring the customer to leave his or her
buildings, including the open space in a house court or court car.
apartment providing access. Driveway, Curved. "Curved driveway" means a
"Covered parking" means a carport or garage that driveway with access to the front property line which enters
provides full overhead protection from the elements with the garage from the side at an angle of sixty degrees or
ordinary roof coverings. Canvas, Lath, fiberglass and greater to the front curbline and which contains a functional
vegetation are not ordinarily roof coverings and cannot be twenty- foot -deep parking area that does not overhang the
used in providing a covered parking space. front property line.
"Day care center" means any child day care facility, "Duplex" means a building containing not more than
licensed by the State or County, other than a family day care two kitchens, designed and used to house not more than two
home, and includes infant centers, preschools, and extended families living independently of each other.
day care facilities. "Dwelling unit" means a room or group of rooms
Day Care Home, Family. "Family day care home" including living, sleeping, eating, cooking and sanitation
means a home, licensed by the State or County, which facilities, constituting a separate and independent
regularly provides care, protection and supervision of twelve housekeeping unit, occupied or intended for occupancy by
or fewer children, in the provider's own home, for periods one family on a nontransient basis and having not more than
of less than twenty-four hours per day, while the parents or one kitchen.
guardian are away, and includes the following:
2010 S -25
8A Definitions 19.08.030
"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).
"Enclosed" means a covered space fully surrounded by
walls, including windows, doors and similar openings or
architectural features, or an open space of less than one
hundred square feet fully surrounded by a building or walls
exceeding eight feet in height.
"Entry feature" means a structural element, which
leads to an entry door.
"Equestrian center" means a facility for the shelter,
display, exhibition, keeping, exercise or riding of horses,
ponies or mules, or vehicles drawn by such animals, with
related pasture lands, corrals and trails.
2010 S -25
13 Definitions 19.08.030
building wall or roof, involving no supports to the ground thereto, but excluding a private educational facility. Any
other than the one building wall from which the element such use for which a property tax exemption has been
projects. obtained pursuant to Section 3(0 of Article XIII of the
"Property" means real property which includes land, Constitution of the State of California and Section 206 of the
that which is affixed to the land, and that which is incidental Revenue and Taxation Code of the State of California, or
or appurtenant to the land as defmed in Civil Code Sections successor legislation, or which is used in connection with
658 through 662. any church which has received such an exemption, shall be
Property, Adjoining. "Adjoining property" means any prima facie presumed to be a religious institution.
unit of real property, excluding lands used as public streets, "Residential care facility" means a building or portion
sharing one or more common points with another property. thereof designed or used for the purpose of providing
"Provider" means a person who operates a child day twenty -four- hour -a -day nonmedical residential living
care home and is licensed by the State of California. accommodations pursuant to the Uniform Building, Housing
"Public dancehall" is a building or portion thereof used and Fire Codes, in exchange for payment of money or other
for dancing purposes to and in which the general public is consideration, where the duration of tenancy is determined,
admitted and permitted to dance, upon payment of any fee in whole or in part, by the individual resident's participation
other than compensation, or upon payment of a charge for in group or individual activities such as counseling, recovery
admission, or for which tickets or other devices are sold, or planning, medical or therapeutic assistance. Residential care
in which a charge is made for the privilege of dancing with facility includes, but is not limited to, health facilities as
any other person employed for such purpose by the operator defmed m California Health and Safety Code (H &SC)
of such establishment, including but not limited to taxi Section 1250 et seq. , community care facilities (H &SC
dances, but excluding restaurants, hotel rooms and Section 1500 et seq.), residential care facilities for the
nightclubs in which the dancing is incidental only to other elderly (H &SC Section 1569 et seq.), and alcoholism or
entertainment. drug abuse recovery or treatment facilities (H &SC Section
"Public street" means all streets, highways, lanes, 11384.11), and other similar care facilities.
places, avenues and portions thereof and including Restaurant, Fast -Food. "Fast -food restaurant" means
extensions in the length and width, which have been a retail food service establishment in which prepared foods
dedicated by the owners thereof to public use, acquired for or beverages are served or sold on or in disposable
public use, or in which a public easement for roadway containers, including those establishments where a
purposes exists. substantial portion of the patrons may serve themselves and
"Recreation vehicle" means a vehicle towed or self- may consume the food and beverages off -site. A separate
propelled on its own chassis or attached to the chassis of bar facility for serving alcoholic beverages is not permitted.
another vehicle and designed or used for temporary Any area, tables or rooms reserved for serving alcoholic
dwelling, recreational or sporting purposes. The term beverages shall be considered a separate bar facility.
recreation vehicle includes, but is not limited to, trailers, Specialty food stores, such as ice cream stores, bakeries or
motor coach homes, converted trucks and buses, and boats shops, shall not be considered fast -food restaurants.
and boat trailers. Restaurant, Full Service. "Full- service restaurant"
"Recreational open space" means open space within a means any restaurant which is not a fast -food restaurant.
community housing project (exclusive of required front Alcoholic beverages may be served with meals at a
setback areas) which shall be used exclusively for leisure customer's dining table; however, a separate bar facility for
and recreational purposes, for the use and enjoyment of serving alcoholic beverages is not permitted without a use
occupants (and their visitors) of units on the project and to permit.
which such occupants (and their visitors) have the right of "Research and development" means a use engaged in
use and enjoyment. Accessory structures such as swimming study, design, analysis and experimental development of
pools, recreational buildings and landscaped areas may be products, processes or services, including incidental
included as open space. manufacturing of products or provisions of services to
"Recycling center" means facilities appurtenant and others.
exterior to an otherwise allowed use, which are utilized for "Residential care home" means the use of a dwelling
collection of recyclable materials such as metal, glass, unit or portion thereof licensed by the State of California or
plastic, and paper stored in mobile vehicles or trailers, County of Santa Clara, for care of up to six persons,
permanent storage units, or in bulk reverse - vending including overnight occupancy or care for extended time
machines exceeding fifty cubic feet in size. periods, and including all uses defined in Sections 5115 and
"Religious institution" means a seminary, retreat, 5116 of the California Welfare and Institutions Code, or
monastery, conference center, or similar use for the conduct successor legislation.
of religious activities including accessory housing incidental
19.08.030 Cupertino - Zoning 14
"Reverse vending machine" means a mechanical line and the nearest line of a building, and extending from
device which accepts one or more types of empty beverage the front setback line to the rear setback line.
containers and issues a cash refund or credit slip. "Shopping center" means a group of commercial
"Rotating homeless shelter" means a shelter located in establishments, planned, developed, owned or managed as
an existing church structure, the shelter provided not to a unit, with off - street parking provided on the site.
exceed two months m any twelve -month period at any single "Single - family use" means the use of a site for only
location, and the number of occupants not to exceed twenty- one dwelling unit.
five, hours of operation not to exceed six p.m. to seven a.m. "Specialty food stores" means uses such as bakeries,
"Screened" means shielded, concealed, and effectively donut shops, ice cream stores, produce markets and meat
hidden from view at an elevation of up to eight feet above markets, or similar establishments where food is prepared
ground level on adjoining sites, or from adjoining sites, and /or sold primarily for consumption off the premises.
within ten feet of a lot line, by a fence, wall, hedge, berm, "Specified anatomical areas" means:
or similar structure, architectural or landscape feature, or 1. Less than completely and opaquely covered
combination thereof. human genitals, pubic region, buttocks and female breast
"Second dwelling unit" means an attached or a below a point immediately above the top of the areola; and
detached residential dwelling unit which provides complete 2. Human male genitals in a discernibly turgid state,
independent living facilities for one or more persons. It even if completely and opaquely covered.
shall include permanent provisions for living, sleeping, "Specified sexual activities" means:
eating, cooking and sanitation on the same parcel as the 1. Human genitals in a state of sexual stimulation or
single - family dwelling is situated. arousal;
"Setback line" means a line within a lot parallel to a 2. Acts of human masturbation, sexual intercourse
corresponding lot line, which is the boundary of any or sodomy;
specified front, side or rear yard, or the boundary of any 3. Fondling or other erotic touching of human
public right -of -way or private road, whether acquired in fee, genitals, pubic region, buttocks or female breast.
easement, or otherwise, or a line otherwise established to "Story" means that portion of a building, excluding a
govern the location of buildings, structures or uses. Where basement, between the surface of any floor and the surface
no minimum front, side or rear yards are specified, the of the next floor above it, or if there is no floor above it,
setback line shall be coterminous with the corresponding lot then the space between the floor and the ceiling next above
line. it.
Setback Area, Required. "Required setback area" "Street" means a public or private thoroughfare the
means open space, unoccupied and unobstructed from the design of which has been approved by the City which
ground upward, except as provided in this title, between the affords the principal means of access to abutting property,
lot line and the setback line on the same site. including avenue, place, way, drive, lane, boulevard,
1. Setback Area, Required Front Yard. "Required highway, road, and any other thoroughfare except an alley
front -yard setback area" means the setback area extending as defined in this chapter.
across the front of a lot between the front lot line and the "Structure" means that which is built or constructed,
setback line. Front yards shall be measured either by a line an edifice or building of any kind, or any piece of work
at right angles to the front lot line, or by a radial line in the artificially built up or composed of parts joined together in
case of a curved front lot line, except flag lots which is the some definite manner.
area extending across the full extent of the buildable portion "Structure, Recreational." "Recreational structure"
of the flag lot measured from the property line which is means any affixed accessory structure or portion thereof,
parallel to and nearest the street line and at which point the which functions for play, recreation or exercise (e.g., pool
lot width equals a minimum of sixty feet. The Planning slides, playhouses, tree houses, swings, climbing apparatus,
Commission shall have the discretion to modify the gazebos, decks, patios, hot tubs and pools) but does not
provisions of this definition when it improves the design include portable play structures, such as swings or climbing
relationship of the proposed buildings to adjacent buildings apparatus.
or parcels. "Structurally attached" means any structure or
2. Setback Area, Required Rear Yard. "Required accessory structure or portion thereof, which is substantially
rear -yard setback area" means the area extending across the attached or connected by a roof structure or similar physical
full width of the lot between the rear lot line and the nearest attachment.
line or point of the main building. "Supportive housing" (per CA Health and Safety Code
3. Setback Area, Required Side Yard. "Required 50675.14(b)) means housing with no limit on length of stay,
side -yard setback area" means the area between the side lot that is occupied by the target population, and that is linked
2010 S -25
15 Definitions 19.08.030
to onsite or offsite services that assist the supportive housing within that district, and permitted therein as a matter of right
resident m retaining the housing, improving his or her health when conducted in accord with the regulations established
status, and maximizing his or her ability to live and, when by this title.
possible, work in the community. 5. "Principal use" means a use which fulfills a
"Target population" (per CA Health and Safety Code primary function of a household, establishment, institution,
53260(d)) means adults with low incomes having one or or other entity.
more disabilities, including mental illness, HIV or AIDS, "Useable rear yard" means that area bounded by the
substance abuse, or other chronic health conditions, or rear lot line(s) and the rear building line extended to the side
individuals eligible for services provided under the lot lines. The side yard adjacent to a proposed minor
Lanterman Developmental Disabilities Services Act addition (e.g., addition equaling ten percent or less of the
(Division 4.5 (commencing with Section 4500) of the principal structure) may be included in calculation of usable
Welfare and Institutions Code) and may, among other rear yard area.
populations, include families with children, elderly persons, "Vehicle" means any boat, bus, trailer, motor home,
young adults aging out of the foster care system, individuals van, camper (whether or not attached to a pickup truck or
exiting from institutional settings, veterans, or homeless other vehicle), mobilehome, motorcycle, automobile, truck,
people. pickup, airplane, boat trailer, truck tractor, truck trailer,
"Transient" means any individual who exercises utility trailer or recreational vehicle, or parts thereof, or any
occupancy or is entitled to occupancy by reason of device by which any person or property may be propelled,
concession, permit, right of access, license or other moved or drawn upon a public street, excepting a device
agreement for a period of thirty consecutive calendar days moved exclusively by human power.
or less, counting portions of calendar days as full days, and "Visual privacy intrusion" means uninterrupted visual
including any individual who actually physically occupies access from a residential dwelling or structure into the
the premises, by permission of any other person entitled to interior or exterior areas of adjacent residential structures,
occupancy. which area is either completely or partially private, designed
"Transitional housing" and "transitional housing for the sole use of the occupant, and /or which serves to
development" (per CA Health and Safety Code 50675.2 (h)) fulfill the interior and /or exterior privacy needs of the
means buildings configured as rental housing developments, impacted residence or residences.
but operated under program requirements that call for the "Yard" means an area within a lot, adjoining a lot line,
termination of assistance and recirculation of the assisted and measured horizontally, and perpendicular to the lot line
unit to another eligible program recipient at some for a specified distance, open and unobstructed except for
predetermined future point in time, which shall be no less activities and facilities allowed therein by this title.
than six months. 1. "Front yard" means a yard measured into a lot
"Use" means the conduct of an activity, or the from the front lot line, extending the full width of the lot
performance of a function or operation, on a site or in a between the side lot lines intersecting the front lot line.
building or facility. 2. "Rear yard" means a yard measured into a lot
1. "Accessory use" means a use which is incidental from the rear lot line, extending between the side yards;
to and customarily associated with a specified principal use. provided that for lots having no defined rear lot line, the
2. "Conditional use" means a use listed by the rear yard shall be measured into the lot from the rearmost
regulations of any particular district as a conditional use point of the lot depth to a line parallel to the front lot line.
within that district, and allowable therein solely on a 3. "Side yard" means a yard measured into a lot
discretionary use /conditional basis, subject to issuance of a from a side lot line, extending between the front yard and
conditional use permit, and to all other regulations rear lot line. (Ord. 2056, (part), 2010; Ord. 1894, § 1,
established by this title. 2002; Ord. 1891, (part), 2002; Ord. 1863, (part), 2000;
3. "Nonconforming use" means a use which is not Ord. 1809, 2000; Ord. 1784, (part), 1998; Ord. 1725,
a permitted use or conditional use authorized within the (part), 1996; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part),
district in which it is located, but which was lawfully 1994; Ord. 1654, 1994; Ord. 1637, (part), 1993; Ord.
existing on October 10, 1955; or the date of any 1635, (part), 1993; Ord. 1618, (part), 1993; Ord. 1607, § 1,
amendments thereto, or the application of any district to the 1992; Ord. 1601, Exh. A (part), 1992)
property involved, by reason of which adoption or
application the use became nonconforming. (See
"noncomplying facilities" in this chapter for a definition.)
4. "Permitted use" means a use listed by the
regulations of any particular district as a permitted use
2010 S -25
19.16.010
CHAPTER 19.16: AGRICULTURAL (A) ZONES
Section
19.16.010 Purpose. 6. Livestock ranches and dairy farms depending
19.16.020 Applicability of regulations. mainly on grazing on the property,
19.16.030 Permitted uses. 7. Processing of dairy products produced on the
19.16.040 Conditional uses. property,
19.16.050 Excluded uses. 8. Poultry raising and hatcheries,
19.16.060 Site development regulations. 9. Apiaries,
19.16.070 Permitted yard encroachments. 10. Nurseries, greenhouses and landscaping gardens,
19.16.080 Solar design. 11. Boarding kennels,
19.16.090 Interpretation by Planning Director. 12. Animal breeding;
B. Single- family dwelling unit;
C. Residences of farm workers and their families
19.16.010 Purpose. whose primary employment is incidental and necessary to
No building or structure or land shall be used, and no agricultural operations conducted on the same parcel of land
building or structure shall be hereafter erected, structurally on which such residences are located;
altered, or enlarged in an (A) agricultural zone, otherwise D. A second dwelling unit which conforms to the
than in conformance with the provisions of this chapter. procedures, standards and requirements of Chapter 19.64
Notwithstanding the above, request for reasonable except for a second dwelling unit requiring a conditional use
accommodation may be made by any person with a permit;
disability, when the strict application of the provisions in E. Noncommercial stables, and the keeping of riding
this chapter, act as a barrier to fair housing opportunities, horses; the number of horses on each lot at any time shall be
pursuant to Chapter 19.50. (Ord. 2056, (part), 2010; Ord. limited to three except that additional foals may be retained
1601, Exh. A (part), 1992) for a period of six months;
F. Accessory facilities and uses customarily
19.16.020 Applicability of Regulations. incidental to permitted uses and otherwise conforming with
No building or structure or land shall be used, and no the provisions of Chapter 19.80 of this title;
building or structure shall be hereafter erected, structurally G. Home occupations, when accessory to permitted
altered, or enlarged in an (A) agricultural zone, otherwise use and otherwise conforming to the provisions of Chapter
than in conformance with the provisions of this chapter. 19.92 of this title and subject to any conditional use permit
(Ord. 1601, Exh. A (part), 1992) requirements of that chapter;
H. Small - family day care home;
19.16.030 Permitted Uses. I. Residential care facility that is licensed by the
The following uses shall be permitted in the A zoning appropriate State, County agency or department with six or
district: less residents, not including the provider, provider family or
A. Agriculture, horticulture, viticulture and forestry, staff;
including the following and similar uses: J. Congregate residence with ten or less residents;
1. Field and truck crops, including drying and K. Transitional and supportive housing. (Ord. 2056,
storage, (part), 2010; Ord. 1688, § 3 (part), 1995; Ord. 1601, Exh.
2. Orchards and vineyards, including bottling and A (part), 1992)
storage,
3. Tree farms, botanical conservatories and 19.16.040 Conditional Uses.
arboreta, The following uses may be conditionally allowed in an
4. Barns and sheds, A zoning district subject to the issuance of a conditional use
5. Keeping of draft animals, animals providing permit:
products used on the property, and household pets,
2010 S -25 19
19.16.040 Cupertino - Zoning 20
A. Issued by the Director of Community 19.16.050 Excluded Uses.
Development: The following uses shall not be permitted in A zones:
1. Temporary uses subject to regulations established A. Hog farms;
by Chapter 19.124; B. Cattle farms mainly depending upon feed brought
2. Home occupations requiring a conditional use onto the property;
permit pursuant to Chapter 19.92 of this title; C. Slaughterhouses, fertilizer yards, feed yards,
3. Buildings or structures which incorporate solar boneyards or plants for the reduction of animal matter;
design features that require variation from setbacks upon a D. Commercial feed sales;
determination by the Director that the design feature, or E. Other semiagricultural uses mainly depending
features, will not result in privacy impacts, shadowing, or upon raw materials, semifinished products, or feed brought
intrusive noise, odor, or other adverse impacts to the on to the property;
surrounding area. F. Other uses which, in the opinion of the Director
B. Issued by the Planning Commission: of Community Development, create a private or public
1. Transmission lines, transformer stations, nuisance. (Ord. 1601, Exh. A (part), 1992)
television and radio towers, and other public utility and
communication structures; 19.16.060 Site Development Regulations.
2. Noncommercial stables for riding horses in excess A. Lot Area Zoning Designations. In A zones, the
of the number permitted by Section 19.16.030E of this minimum lot area shall correspond to the number (multiplied
chapter; by one thousand square feet) following the A zoning symbol.
3. Residential care facility that is not required to Examples are as follows:
obtain a license by the State, County agency or department
and has six or less residents, not including the provider, Zoning Symbol Number Minimum Lot
provider family or staff; Area Square
4. Residential care facility that has the appropriate Feet
State, County agency or department license and seven or A 215 215,000
greater residents, not including the provider, provider family A 400 400,000
or staff, is a minimum distance of five hundred feet from the
property boundary of another residential care facility; B. Minimum Lot Area.
5. Residential care facility that is not required to 1. The minimum lot size for a lot in an A zoning
obtain a license by the State, County agency or department district is two hundred fifteen thousand square feet. An
and has seven or greater residents, not including the incidental residential use minimum lot size is forty -three
provider, provider family or staff, is a minimum distance of thousand square feet per dwelling unit. Dwelling units in
five hundred feet from the property boundary of another farm labor camps for temporary laborers, and second
residential care facility; dwelling units shall not be counted for the purpose of
6. Congregate residence with eleven or more determining required lot area under this section.
residents which is a minimum distance of one thousand feet C. Required Lot Shape. Each lot in an A zoning
from the boundary of another congregate residence and has district shall have such shape that a square with a side of two
a minimum of seventy -five square feet of usable rear yard hundred feet can be inscribed in this lot.
area per occupant. D. Lot Coverage and Building Setbacks.
C. Issued by the City Council after consideration of 1. Lot Coverage. The maximum building coverage
the Planning Commission recommendation: is forty percent of the net lot area.
1. Retail sale of wine, fruit or berries produced on 2. Minimum Setbacks.
the property; a. First and Second Floors:
2. Cemeteries, crematoriums, mausolea, and i. The minimum front -yard setback is thirty feet;
columbariums; ii. The minimum side -yard setback is twenty feet;
3. Mines, quarries and gravel pits; iii. The minimum rear -yard setback is twenty -five
4. Riding academies, commercial stables, and the feet.
boarding of horses; E. Height of Principal Buildings and Structures.
5. Guest ranches; 1. The maximum height of a principal building or
6. Boarding kennels; structure is twenty -eight feet. Fireplace chimneys,
7. Golf courses and driving ranges; antennae, or other appurtenances are excluded from the
8. Commercial swimming pools and picnic areas; restriction.
9. Public and quasi - public buildings and uses. (Ord. 2. The City Council may prescribe that all buildings
1688, § 3 (part), 1995; Ord. 1601, Exh. A (part), 1992) in a designated area be limited to one story in height (not to
2010 S -25
19.20.010
CHAPTER 19.20: AGRICULTURAL- RESIDENTIAL (A -1) ZONES
Section
19.20.010 Purpose. B. Single - family dwelling unit;
19.20.020 Applicability of regulations. C. Residences of farm workers and their families
19.20.030 Permitted uses. whose primary employment is incidental and necessary to
19.20.040 Conditional uses. agricultural operations conducted on the same parcel of land
19.20.050 Excluded uses. on which such residences are located;
19.20.060 Site development regulations. D. A second dwelling unit conforming to the
19.20.070 Permitted yard encroachments. provisions, standards, and procedures of Chapter 19.84 of
19.20.080 Solar design. this title, except for a second dwelling unit requiring a
19.20.090 Interpretation by the Planning conditional use permit;
Director. E. Noncommercial stables, and the keeping of no
more than three riding horses, except that additional foals
may be retained for a period of six months after birth;
19.20.010 Purpose. F. Accessory facilities and uses, customarily
Agricultural- residential zones are intended to preserve incidental to permitted uses and otherwise conforming with
agriculture or forestry activities in areas suited to that the provisions of Chapter 19.80 of this title;
purpose, and to include therein residential development of a G. Home occupations, when accessory to other
semi -rural character. (Ord. 1601, Exh. A (part), 1992) permitted uses and otherwise conforming to the provisions
of Chapter 19.92 of this title, and subject to any conditional
19.20.020 Applicability of Regulations. use permit requirements continued in that chapter;
No building, structure or land shall be used, and no H. Small- family day care home;
building or structure shall be hereafter erected, structurally I. Large - family day care home, which meets the
altered or enlarged in an agricultural - residential (A -1) parking criteria contained in Chapter 19.100, and which is
district other than in conformance with the provisions of this at least three hundred feet from any other large - family day
chapter and other applicable provisions of this title. care home. The Director of Community Development or
Notwithstanding the above, request for reasonable his /her designee shall administratively approve large day
accommodation may be made by any person with a care homes to ensure compliance with the parking and
disability, when the strict application of the provisions in proximity requirements;
this chapter, act as a barrier to fair housing opportunities, J. Residential care facility that is licensed by the
pursuant to Chapter 19.50. (Ord. 2056, (part), 2010; Ord. appropriate State, County agency or department with not
1601, Exh. A (part), 1992) more than six residents, not including the provider, provider
family or staff;
19.20.030 Permitted Uses. K. Congregate residence with ten or less residents;
The following uses shall be permitted in an A -1 L. Transitional and supportive housing. (Ord. 2056,
district: (part), 2010; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part),
A. Agriculture, horticulture, viticulture and forestry, 1994; Ord. 1601, Exh. A (part), 1992)
including but not limited to, the following uses:
1. Field and truck crops, including drying and 19.20.040 Conditional Uses.
storage, The following uses may be conditionally allowed in the
2. Orchards and vineyards, including bottling and A -1 zoning district, subject to the issuance of a conditional
storage, use permit:
3. Tree farms, botanical conservatories and A. Issued by the Director of Community
arboreta, Development:
4. Barns and sheds, 1. Temporary uses subject to regulations established
5. Keeping of draft animals and animals providing by Chapter 19.128,
products used on the property, and household pets; 2. Animal breeding,
2010 S -25 23
19.20.040 Cupertino - Zoning 24
3. Home occupations requiring a conditional use 4. Riding academies, commercial stables, and the
permit pursuant to Chapter 19.92 of this title, boarding of horses,
4. Buildings or structures which incorporate solar 5. Guest ranches,
design features that require variations from setbacks upon a 6. Golf courses and driving ranges,
determination by the Director that the design feature, or 7. Commercial swimming pools and picnic areas,
features will not result in privacy impacts, shadowing, or 8. Public and quasi - public buildings and uses. (Ord.
intrusive noise, odor, or other adverse impacts to the 1822, (part), 1999; Ord. 1688, § 3, 1995; Ord. 1657, (part),
surrounding area, 1994; Ord. 1601, Exh. A (part), 1992)
5. Large - family day care home, which otherwise
does not meet the criteria for a permitted use. The 19.20.050 Excluded Uses.
conditional use permit shall be processed as provided by The following uses shall not be permitted in an A -1
Section 1597.46 (3) of the State of California Health and zoning district:
Safety Code; A. Hog farms;
B. Issued by the Planning Commission: B. Cattle farms mainly depending upon feed brought
1. Livestock ranches and dairy farms, onto the property;
2. Processing of dairy products produced on the C. Slaughterhouses, fertilizer yards, feed yards,
property, boneyards, or plants for the reduction of animal matter;
3. Fur farms, D. Commercial feed sales;
4. Poultry raising and hatcheries, E. Other semiagricultural uses mainly depending on
5. Apiaries, raw materials, semifinished products, or feed brought onto
6. Nurseries, greenhouses and landscaping gardens, the property;
7. Boarding kennels, F. Other agricultural uses which, in the opinion of
8. Transmission lines, transformer stations, the Director of Community Development, create a private
television and radio towers, and other public utility and or public nuisance. (Ord. 1601, Exh. A (part), 1992)
communication structures,
9. Noncommercial stables for riding horses m excess 19.20.060 Site Development Regulations.
of the number permitted by Section 19.20.030E of this A. Lot Area Zoning Designations. In A -1 zones, the
chapter, minimum lot area shall correspond to the number (multiplied
10. Residential care facility that is not required to by one thousand square feet) following the A -1 zoning
obtain a license by the State, County agency or department symbol. Examples are as follows:
and has six or less residents, not including the provider,
provider family or staff, Zoning Symbol Number Minimum Lot Area in
11. Residential care facility that has the appropriate Square Feet
State, County agency or department license and seven or
greater residents, not including the provider, provider family A 43 43,000
or staff, is a minimum distance of five hundred feet from the A 215 215,000
property boundary of another residential care facility,
12. Residential care facility that is not required to B. Minimum Lot Area.
obtain a license by the State, County agency or department 1. The minimum lot size for a lot in an A-1 zoning
and has seven or greater residents, not including the district having no incidental residential use is two hundred
provider, provider family or staff, is a minimum distance of fifteen thousand square feet.
five hundred feet from the property boundary of another
2. The minimum lot size for a lot in an A -1 district
residential care facility, having incidental residential use is forty -three thousand
13. Congregate residence with eleven or more square feet per dwelling unit on the lot. Dwelling units in
residents which is a minimum distance of one thousand feet farm labor camps for temporary laborers, and second
from the boundary of another congregate residence and has dwelling units, shall not be counted for the purpose of
a minimum of seventy -five square feet of usable rear yard
determining required total area under this section.
area per occupant; C. Required Lot Shape. Each lot in an A -1 zone
C. Issued by the City Council after consideration of
the Planning Commission's recommendation: shall have a shape that a square with a side of two hundred
feet can be inscribed in the lot.
1. Retail sale of wine, fruit and berries produced on D. Lot Coverage, Building Setbacks, and Height
the property, Restrictions.
2. Cemeteries, crematoriums, mausoleums, and
1. The maximum building coverage is forty percent
columbaria, of the net lot area.
3. Mines, quarries and gravel pits,
2010 S -25
19.24.010
CHAPTER 19.24: OPEN SPACE (OS) ZONES
Section
19.24.010 Purpose. 19.24.030 Permitted Uses.
19.24.020 Applicability of regulations. The following uses shall be permitted in the OS zoning
19.24.030 Permitted uses. district:
19.24.040 Conditional uses. A. Low - intensity recreational uses such as hiking,
birdwatching, walking, picnicking and other similar
activities;
19.24.010 Purpose. B. Minor maintenance of vegetation such as mowing
Open space (OS) zones are intended to provide for the or trimming;
establishment of open space uses in private natural areas in C. Incidental gardening;
order to avoid urban sprawl and to preserve environmentally D. The erection or maintenance of minor structures,
sensitive areas in their natural condition. (Ord. 1608, § 1 such as fences, in accordance with Chapter 16.28, gates,
(part), 1992) culverts and drainage ditches. Unless otherwise provided in
this chapter, no buildings shall be erected in an OS zoning
19.24.020 Applicability of Regulations. district;
A. Prohibition. No structure or land shall be used, E. Any legal nonconforming use as provided for in
and no building or structure shall be hereafter erected, Chapter 19.108 of the City's Ordinance Code. (Ord. 1637,
structurally altered, or enlarged in an open space (OS) zone, (part), 1993; Ord. 1608, § 1 (part), 1992)
otherwise than in conformance with the provisions of this
chapter. 19.24.040 Conditional Uses.
B. Limitations to Applicability of Regulations. The The following uses may be conditionally allowed in an
open space zoning district may only be designated on land OS zoning district subject to the issuance of a conditional
within the City of Cupertino under one, or more, of the use permit by the Director of Community Development:
following circumstances: A. Temporary uses subject to regulations established
1. The property owner of the subject property either by Chapter 19.124;
makes application with the City for such designation to B. Noncommercial stables for riding horses;
apply to his or her property, or otherwise gives his or her C. Artificial or constructed pools, ponds, lakes or
written consent to the application of this chapter to his or her streams;
property; D. Playgrounds;
2. The subject property is encumbered by any E. Any other use which is compatible with open
recorded open space easement or written dedication of the space and otherwise is in conformance with the purposes of
development rights granted to the City; this chapter. (Ord. 1608, § 1 (part), 1992)
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. (Ord. 2056, (part),
2010; Ord. 1608, § 1 (part), 1992)
2010 S -25 27
19.28.010
CHAPTER 19.28: SINGLE - FAMILY RESIDENTIAL (R1) ZONES
Section
19.28.010 Purposes. 19.28.030 Permitted Uses.
19.28.020 Applicability of regulations. The following uses are permitted in the R -1
19.28.030 Permitted uses. single- family residence district:
19.28.040 Conditional uses. A. Single- family use;
19.28.050 Development regulations (site). B. A second dwelling unit conforming to the
19.28.060 Development regulations (building). provisions, standards and procedures described in Chapter
19.28.070 Landscape requirements. 19.82, except for those second dwelling units requiring a
19.28.080 Permitted yard encroachments. conditional use permit;
19.28.090 Minor residential permit. C. Accessory facilities and uses customarily
19.28.100 Two -story residential permit. incidental to permitted uses and otherwise conforming with
19.28.110 Exceptions. the provisions of Chapter 19.80 of this title;
19.28.120 Development regulations- Eichler D. Home occupations in accordance with the
(R1 -e). provisions of Chapter 19.92;
19.28.130 Development regulations- (R1 -a). E. Horticulture, gardening, and growing of food
19.28.140 Interpretation by the Planning products.
Director. 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
19.28.010 Purposes. staff;
R -1 single- family residence districts are intended to G. Small- family day care home;
create, preserve and enhance areas suitable for detached H. The keeping of a maximum of four adult
dwellings in order to: household pets, provided that no more than two adult dogs
A. Enhance the identity of residential neighborhoods; or cats may be kept on the site;
B. Ensure provision of light, air and a reasonable I. Utility facilities essential to provision of utility
level of privacy to individual residential parcels; services to the neighborhood but excluding business offices,
C. Ensure a reasonable level of compatibility in scale construction or storage yards, maintenance facilities, or
of structures within residential neighborhoods; corporation yards;
D. Reinforce the predominantly low- intensity setting J. Large - family day care homes, which meet the
in the community. (Ord. 2039, (part), 2009; Ord. 1954, parking criteria contained in Chapter 19.100 and which are
(part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), at least three hundred feet from any other large - family day
2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), care home. The Director of Community Development or
1992) his /her designee shall administratively approve large day
care homes to ensure compliance with the parking and
19.28.020 Applicability of Regulations. proximity requirements;
No building, structure or land shall be used, and no K. Congregate residence with ten or less residents;
building or structure shall be hereafter erected, structurally L. Transitional housing and supportive housing.
altered or enlarged in an R -1 single - family residence district (Ord. 2056, (part), 2010; Ord. 2039, (part), 2009; Ord.
other than in conformance with the provisions of this chapter 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834,
and other applicable provisions of this title. (Ord. 2039, (part), 1999; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part),
(part), 2009; Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 1994; Ord. 1601, Exh. A (part), 1992)
2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part),
1992)
2010 S -25 29
19.28.040 Cupertino - Zoning 30
19.28.040 Conditional Uses. 4. Congregate residence with eleven or more
The following uses may be conditionally allowed in the residents, which is a minimum distance of one thousand feet
R -1 single - family residence district, subject to the issuance from the boundary of another congregate residence and has
of a conditional use permit: a minimum of seventy -five square feet of usable rear yard
A. Issued by the Director of Community area per occupant. (Ord. 2039, (part), 2009; Ord. 1954,
Development: (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part),
1. Temporary uses, subject to regulations established 1999; Ord. 1784, (part), 1998; Ord. 1688, § 3 (part), 1995;
by Chapter 19.124; Ord. 1657, (part), 1994; Ord. 1618, (part), 1993; Ord.
2. Large - family day care home, which otherwise 1601, Exh. A (part), 1992)
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provided by 19.28.050 Development Regulations (Site).
Section 15.97.46(3) of the State of California Health and A. Lot Area Zoning Designations.
Safety Code; 1. Lot area shall correspond to the number
3. Buildings or structures which incorporate solar (multiplied by one thousand square feet) following the R -1
design features that require variations from setbacks upon a zoning symbol. Examples are as follows:
determination by the Director that such design feature or
features will not result in privacy impacts, shadowing, Zoning Symbol Number Minimum Lot Area in
intrusive noise or other adverse impacts to the surrounding Square Feet
area;
4. Second dwelling units which require a conditional R1 5 5,000
use permit pursuant to Chapter 19.84; R1 6 6,000
5. Home occupations requiring a conditional use R1 7.5 7,500
permit pursuant to Chapter 19.92 of this title. R1 10 10,000
B. Issued by the Planning Commission:
1. Two -story structures in an area designated for a R1 20 20,000
one -story limitation pursuant to Section 19.28.060 G(6) of
this chapter, provided that the Planning Commission 2. Lots, which contain less area than required by
determines that the structure or structures will not result in subsection A(1) of this section, but not less than five
privacy impacts, shadowing, or intrusive noise, odor, or thousand square feet, may nevertheless be used as building
other adverse impacts to the surrounding area; sites, provided that all other applicable requirements of this
2. Group care activities with greater than six title are fulfilled.
persons; B. Lot Width. The minimum lot width is sixty feet
3. Residential care facilities that fall into the measured at the front -yard setback line, except in the R1 -5
following categories: district where the minimum lot width is fifty feet.
a. Facility that is not required to obtain a license by C. Development on Properties with Hillside
the State, County agency or department and has six or less Characteristics.
residents, not including the providers, provider family or 1. Buildings proposed on properties generally
staff; located south of Linda Vista Drive, south and west of Santa
b. Facility that has the appropriate State, County Teresa and Terrace Drive, west of Terra Bella Drive and
agency or department license and seven or greater residents, north of Lindy Lane (see map below) zoned R1 -20 that have
not including the provider family or staff, is a minimum an average slope equal to or greater than fifteen percent are
distance of five hundred feet from the property boundary of developed in accordance with the following site development
another residential care facility; standards:
c. Facility that is not required to obtain a license by
the State, County agency or department and has seven or
greater residents, not including the provider family or staff,
is a minimum distance of five hundred feet from the
property boundary of another residential care facility;
2009 S -20
35 Single - Family Residential (R1) Zones 19.28.080
5. This section applies to the first story only and Planning Commission will make the final action on the
shall not be construed to allow the further extension of an appeal.
encroachment by any building, which is the result of the D. Expiration of a Minor Residential Permit. Unless
granting of a variance or exception, either before or after a building permit is filed and accepted by the City (fees paid
such property become part of the City. and control number issued) within one year of the Minor
B. Architectural features (not including patio covers) Residential Permit approval, said approval shall become null
may extend into a required yard a distance not exceeding and void unless a longer time period was specifically
three feet, provided that no architectural feature or prescribed by the conditions of approval. In the event that
combination thereof, whether a portion of a principal or the building permit expires for any reason, the Minor
auxiliary structure, may extend closer than three feet to any Residential Permit shall become null and void. The Director
property line. (Ord. 2039, (part), 2009; Ord. 1954, (part), of Community Development may grant a one -year extension
2005; Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; without a public notice if an application for a Minor
Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. Modification to the Minor Residential Permit is filed before
1808, (part), 1999; Ord. 1618, (part), 1993; Ord. 1601, the expiration date and substantive justification for the
Exh. A (part), 1992) extension is provided.
E. Concurrent Applications. At the discretion of the
19.28.090 Minor Residential Permits. Director of Community Development a Minor Residential
Projects that require a Minor Residential Permit shall Permit can be processed concurrently with other
be reviewed in accordance with this section. The purpose of discretionary applications. (Ord. 2039, (part), 2009; Ord.
this process is to provide affected neighbors with an 1954, (part), 2005)
opportunity to comment on new development that could have
significant impacts on their property or the neighborhood as 19.28.100 Two -Story Residential Permit.
a whole. Two -story additions or two -story new homes require a
A. Notice of Application. Upon receipt of a complete Two -Story Residential Permit in accordance with this
application, a notice shall be sent by first class mail to all section. Two -story projects with a floor area ratio under
owners of record of real property (as shown in the last tax 35 % shall require a Level I Two -Story Residential Permit,
assessment toll) that are adjacent to the subject property, while a two -story project with a floor area ratio over 35 %
including properties across a public or private street. The shall require a Level II Two -Story Residential Permit.
notice shall invite public comment by a determined action A. Notice of Application (Level I). Upon receipt of
date and shall include a copy of the development plans, a complete application, a notice shall be sent by first class
eleven inches by seventeen inches in size. mail to all owners of record of real property (as shown in
B. Decision. After the advertised deadline for public the last tax assessment toll) that are adjacent to the subject
comments, the Director of Community Development shall property, including properties across a public or private
approve, conditionally approve, or deny the application. The street. The notice shall invite public comment by a
permit can be approved only upon making all of the determined action date and shall include a copy of the
following findings: development plans, eleven inches by seventeen inches in
1. The project is consistent with the Cupertino size.
General Plan, any applicable specific plans, zoning 1. Posted Notice. The applicant shall install a public
ordinances and the purposes of this title. notice in the front yard of the subject site that is clearly
2. The granting of the permit will not result in a visible from the public street. The notice shall be a
condition that is detrimental or injurious to property or weatherproof sign, at least two feet tall and three feet wide
improvements in the vicinity, and will not be detrimental to firmly attached to a five -foot tall post. The notice shall
the public health, safety or welfare. remain in place until an action has been taken on the
3. The proposed project is harmonious in scale and application and the appeal period has passed. The sign shall
design with the general neighborhood. contain the following:
4. Adverse visual impacts on adjoining properties a. The exact address of the property, if known, or
have been reasonably mitigated. the location of the property, if the address is not known.
C. Notice of Action. The City Council, Planning b. A brief description of the proposed project, the
Commission, applicant and any member of the public that content of which shall be at the sole discretion of the City;
commented on the project shall be notified of the action by c. City contact information for public inquiries;
first class mail or electronic mail. Any interested party may
appeal the action pursuant to Chapter 19.136, except that the
2009 S -20
19.28.100 Cupertino - Zoning 36
d. A deadline for the submission of public Community Development may grant a one -year extension,
comments, which shall be at least fourteen days after the without a public notice, if an application for a Minor
date the notice is posted; Modification to the Two -Story Permit is filed before the
e. A black and white orthographic rendering of the expiration date and substantive justification for the extension
front of the house, at least eleven inches by seventeen inches is provided.
in size. The City shall approve the illustration or rendering G. Concurrent Applications. At the discretion of the
prior to posting. Director of Community Development, a Two -Story Permit
B. Notice of Application (Level II). Upon receipt of can be processed concurrently with other discretionary
a complete application, a notice shall be sent by first class applications. (Ord. 2039, (part), 2009; Ord. 1954, (part),
mail to all owners of record of real property (as shown in 2005)
the last tax assessment toll) that are within three hundred
feet of the subject property. The notice shall invite public 19.28.110 Exceptions.
comment by a determined action date and shall include a A. Where results inconsistent with the purpose and
copy of the development plans, eleven inches by seventeen intent of this chapter result from the strict application of the
inches in size. provisions hereof, exceptions to section 19.28.060,
1. Posted Notice. The applicant shall install a public 19.28.070 and 19.28.120 may be granted as provided in this
notice consistent with subsection A(1) of this section, except section.
that a colored perspective rendering shall be required instead 1. Notice of Application. Upon receipt of a complete
of a black and white orthographic rendering. application, the Community Development Department shall
C. Story Poles. Story poles are required for any set a time and place for a public hearing before the Design
Two -Story Residential Permit. Review Committee and send a notice by first class mail to
D. Decision. After the advertised deadline for public all owners of record of real property (as shown in the last
comments, the Director of Community Development shall tax assessment toll) that are within three hundred feet of the
approve, conditionally approve, or deny the application. The subject property. Properties that are adjacent to the subject
permit can be approved only upon making all of the site, including those across a public or private street, shall
following findings: receive a reduced scale copy of the plan set with the public
1. The project is consistent with the Cupertino notice.
General Plan, any applicable specific plans, zoning 2. Decision. After closing the public hearing, the
ordinance and the purposes of this title. decision -maker shall approve, conditionally approve, or
2. The granting of the permit will not result in a deny the application based on the fmdings in this section.
condition that is detrimental or injurious to property or Any interested party can appeal the decision pursuant to
improvements in the vicinity, and will not be detrimental to Chapter 19.136.
the public health, safety or welfare. 3. Expiration of an Exception. Unless a building
3. The proposed project is harmonious m scale and permit is filed and accepted by the City (fees paid and
design with the general neighborhood. control number issued) within one year of the Exception
4. Adverse visual impacts on adjoining properties approval, said approval shall become null and void unless a
have been reasonably mitigated. longer time period was specifically prescribed by the
E. Notice of Action. The City Council, Planning conditions of approval. In the event that the building permit
Commission, applicant and any member of the public that expires for any reason, the Exception shall become null and
commented on the project shall be notified of the action by void. The Director of Community Development may grant
first class mail or electronic mail. Any interested party may a one -year extension, without a public notice, if an
appeal the action pursuant to Chapter 19.136, except that the application for a Minor Modification to the Exception is
Planning Commission will make the fmal action on the filed before the expiration date and substantive justification
appeal. for the extension is provided.
F. Expiration of a Two -Story Permit. Unless a 4. Findings for Approval.
building permit is filed and accepted by the City (fees paid a. Issued by the Director of Community
and control number issued) within one year of the Development. The Director of Community Development
Two -Story Permit approval, said approval shall become null may grant exceptions from the prescriptive design regulation
and void unless a longer time period was specifically described in Section 19.28.060 G(4) upon making all of the
prescribed by the conditions of approval. In the event that following findings:
the building permit expires for any reason, the Two -Story i. The project fulfills the intent of the visible
Permit shall become null and void. The Director of second -story wall height regulation in that the number of
2010 S -25
37 Single - Family Residential (R1) Zones 19.28.110
two -story wall planes and the amount of visible second story 4. The building design shall incorporate straight
wall area is reduced to the maximum extent possible. architectural lines, rather than curved lines.
ii. The exception to be granted is one that will 5. Section 19.28.060 G(4) is considered a guideline
require the least modification of the prescribed design in the R1 -e district.
regulation and the minimum variance that will accomplish 6. The first floor shall be no more than twelve
the purpose. inches above the existing grade.
iii. The proposed exception will not result in 7. Exterior walls located adjacent to side yards shall
significant visual impact as viewed from abutting properties. not exceed nine feet in height measured from the top of the
b. Issued by the Design Review Committee. The floor to the top of the wall plate.
Design Review Committee may grant exceptions from the C. Privacy Protection Requirements.
prescriptive design regulations described in Section 1. Side and Rear Yard Facing Second Floor
19.28.060, except 19.28.060 G(4) and Section 19.28.130 Windows. In addition to other privacy protection
upon making all of the following findings: requirements in Section 19.28.070, the following is required
i. The literal enforcement of this chapter will result for all second story windows:
in restrictions inconsistent with the spirit and intent of this a. Cover windows with exterior louvers to a height
chapter. of six feet above the second floor; or
ii. The proposed development will not be injurious b. Obscure glass to a height of six feet above the
to property or improvements in the area, nor be detrimental second floor; or
to the public safety, health and welfare. c. Have a window sill height of five feet minimum
iii. The exception to be granted is one that will above the second floor. (Ord. 2039, (part), 2009; Ord.
require the least modification of the prescribed design 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1
regulation and the minimum variance that will accomplish (part), 2000)
the purpose.
iv. The proposed exception will not result in 19.28.130 Development Regulations— (R1 -a).
significant visual impact as viewed from abutting properties. R1 -a districts are intended to reinforce the semi -rural
B. Notwithstanding the above, a request for setting in neighborhoods with large lots. Regulations found
reasonable accommodation may be made by any person with in the other sections of this chapter shall apply to properties
a disability, when the strict application of the provisions in zoned R1 -a. In the event of a conflict between other
this chapter, act as a barrier to fair housing opportunities, regulations in this chapter and this section, this section shall
pursuant to Chapter 19.50. (Ord. 2056, (part), 2010; Ord. prevail.
2039, (part), 2009; Ord. 1954, (part), 2005) A. Lot Area Zoning Designations. The minimum lot
size is ten thousand square feet.
19.28.120 Development Regulations — Eichler B. Lot Width. The minimum lot width is
(R1 -e). seventy -five feet measured at the front -yard setback line.
R1 -e single- family residence "Eichler districts" protect C. Second Story Area. A second floor shall be no
a consistent architectural form through the establishment of more than forty percent of the first floor, except as follows:
district site development regulations. Regulations found in 1. A second floor may be at least seven hundred
the other sections of this chapter shall apply to properties square feet in area.
zoned R1 -e. In the event of a conflict between other 2. In no case shall a second floor be more than one
regulations in this chapter and this section, this section shall thousand one hundred square feet in area.
prevail. Nothing in these regulations is intended to preclude D. Setback - First Story.
a harmonious two -story home or second story addition. 1. Front Yard. The minimum front yard setback is
A. Setback -First Story. thirty feet.
1. The minimum front yard setback is twenty feet. 2. Side Yard. The minimum side yard setback is ten
B. Building Design Requirements. feet.
1. Entry features facing the street are integrated with 3. Rear Yard. The minimum rear yard setback is
the roof line of the house. twenty feet.
2. The maximum roof slope is three -to- twelve (rise E. Setback - Second Story.
over run). 1. Front Yard. The minimum front yard setback is
3. Wood or other siding material located on walls thirty feet.
facing a public street (not including the garage door) shall 2. Side Yard. The combined side yard setbacks shall
incorporate vertical grooves, up to six inches apart. be thirty -five feet, with a minimum of fifteen feet.
2010 S -25
19.28.130 Cupertino - Zoning 38
3. Rear Yard. The minimum rear yard setback is should have sill heights of five feet or greater to mitigate
forty feet. intrusion into a neighbor's privacy.
4. The setback surcharge in Section 19.28.060 E(3) 2. All second story wall heights greater than six
does not apply in this district. feet, as measured from the second story finished floor,
F. Second -story Regulations. should have building wall offsets at least every twenty -four
1. Second story decks shall conform to the feet, with a minimum four -foot depth and ten -foot width.
second -story building setbacks, and may be located on the The offsets should comprise the full height of the wall plane.
front and rear only. 3. Section 19.28.060 G(4) is considered a guideline
2. The second -story shall not cantilever over a in the R1 -a district.
first -story wall plane. 4. Garages. The maximum width of a garage on the
3. The front - facing wall plane(s) of the second -story front elevation should be twenty -five feet, which will
must be offset a minimum of three feet from the first -story accommodate a two -car garage. Additional garage spaces
wall plane(s). The intent of this regulation is to avoid a should be provided through the use of a tandem garage or a
two -story wall plane on the front elevation. detached accessory structure at the rear of the property.
G. Front Yard Paving. No more than fifty percent of L. Permitted Yard Encroachments.
the front yard setback area may be covered with a 1. Where a principal building legally constructed
combination of impervious or semi - pervious surfaces. No according to existing yard and setback regulations at the
more than forty percent of the front yard setback area may time of construction encroaches, upon present required
be covered with an impervious surface such as concrete or yards, one encroaching side yard setback may be extended
asphalt. along its existing building line.
H. Heights. The maximum exterior wall height and a. The extension or addition may not further
building height on single -story structures and single -story encroach into any required setback and the height of the
sections of two -story structures must fit into a building existing non - conforming wall and the extended wall may not
envelope defined by: be increased.
1. A twelve -foot high vertical line measured from b. In no case shall any wall plane of a first -story
natural grade and located ten feet from property lines; addition be placed closer than three feet to any property line.
2. A twenty-five degree roof line angle projected c. This section does not apply to attached accessory
inward at the twelve -foot high line referenced in subsection structures such as attached carports.
H(2)(1) of this section. d. This section applies to the first story only and
I. Variation from the R1 and R1 -a regulations shall shall not be construed to allow the further extension of an
require a Variance pursuant to Chapter 19.124 of the encroachment by any building, which is the result of the
Cupertino Municipal Code in the R1 -a district. granting of a variance or exception, either before or after
Notwithstanding the above, a request for reasonable such property become part of the City.
accommodation may be made by any person with a 2. Architectural features (not including patio covers)
disability, when the strict application of the provisions in may extend into a required yard a distance not exceeding
this section, act as a barrier to fair housing opportunities, three feet, provided that no architectural feature or
pursuant to Chapter 19.50. combination thereof, whether a portion of a principal or
J. Design Review. All two -story development shall auxiliary structure, may extend closer than three feet to any
require discretionary review based on Section 19.28.100, property line.
except that the Design Review Committee shall approve or 3. Front Porch. Traditional, open porches are
deny the project at a public hearing based on the findings in encouraged in this zone. When viewed from the street, a
subsection N(1) of this section. porch should appear proportionately greater in width than in
K. Design Guidelines. The guidelines in this section height. A porch differs from an entry element, which has a
shall be used in conjunction with the City's Single Family proportionately greater height than its width. Use of this
Residential Design Guidelines. In cases where there may be yard encroachment provision shall require the approval of
conflict between the two sets of guidelines, this Section shall the Director of Community Development.
take precedence. Nonconformance with the guidelines shall a. Posts. Vertical structural supports, such as posts,
be considered acceptable only if the applicant shows that for porches are allowed to encroach two feet into the
there are no adverse impacts from the proposed project. required front setback. Structural supports must be designed
1. Second -story windows. Windows on the side such that the appearance is not obtrusive or massive.
elevations should be fixed and obscured to a height of six b. Columns. The use of large columns or pillars is
feet above the second floor, should have permanent exterior discouraged.
louvers to a height of six feet above the second floor or
2010 S -25
39 Single - Family Residential (R1) Zones 19.28.130
c. Fencing. Low, open fencing for porches are e. Significant adverse visual and privacy impacts as
allowed to encroach two feet into the required front setback viewed from adjoining properties have been mitigated to the
area. maximum extent possible.
d. Eave Height. The eave height for a front porch (Ord. 2056, (part), 2010; Ord. 2039, (part), 2009; Ord.
should not be significantly taller than the eave height of 1954, (part), 2005)
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.
1. Findings. The Design Review Committee may
approve a design review application for two -story
development only upon making all of the fmdings 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.
2010 S -25
19.28.140 Cupertino - Zoning 40
19.28.140 Interpretation by the Planning
Director.
In Rl zones, the Director of Community Development
shall be empowered to make reasonable interpretations of
the regulations and provisions of this chapter consistent with
the legislative intent thereof. Persons aggrieved by an
interpretation of the chapter by the Director of Community
Development may petition the Planning Commission in
writing for review of the interpretation. (Ord. 2039, (part),
2009; Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000;
Ord. 1834, (part), 1999; Ord. 1808, (part), 1999; Ord.
1601, Exh. A (part), 1992)
2010 S -25
41 Single- Family Residential (R1) Zones Appendix A
Appendix A: City of Cupertino Two Story Design Principles
INTRODUCTION
Cupertino's neighborhoods have developed over a period of decades
with varying architectural styles. Recent zoning regulations g Y g gulations that were
intended to soften the mass and bulk of two story homes force prescribed r .
setbacks and offsets resulting in the construction of a similar, "wedding
cake" style of home in the City.
Now, homeowners and builders are allowed greater design flexibility
if their design conforms to the following design principles. Two story homes
with a second story to first floor ratio greater than 45 % are allowed when
they offset the building massing with designs that encompass; higher quality
architectural features and materials. • S imple Form • Architectural Detail
• Grouped windows • Recessed Garage
DESIGN PRINCIPLES
These design principles help integrate new homes and additions to
existing homes with existing neighborhoods by providing a framework for
the review and approval process. Where possible, additional details and
examples have been provided. Conditions not covered by these examples ,'sel "'
will be evaluated on a case -by -cases basis.
• Simple Form • Materials variety
• Grouped windows • Symmetrical windows
1. Provide an identifiable architectural style. Attractive homes are
designed by using elements from one consistent theme. It is best to work
with your designer to identify and carry out one style around the entire
house.
The following pictures illustrate traditional and Mediterranean
with success in identifying a single style. Additional :resources for
information on home styles are listed in "Architectural Style ".
2. Design features. proportions and details to be consistent with '
architectural style. For assistance in understanding architectural styles and
details, refer to the sources in the side bar "Architectural Style ".
• Strong first floor form • Authentic details
• Materials variety • Recessed Garage
_ _
_ .
I
t.
. 1 � "' "t _
• Prominent entry • First floor roof eave • Vaned roof forms • Well defined entry
• Varied roof heights • Symmetrical windows • Architectural details • One -story form
2010 S -25
Appendix A Cupertino - Zoning 42
et
. ,[11c.7.----]
g wean"
• Prominent porch •Recessed garage • Simple forms • Prominent porch
• Simple roof forms • Organized windows • Varied front wall planes Wood siding
• Prominent porch • Simple roof forms • Authentic details • Second story balcony
• Simple building forms • Wood siding • Organized windows • Architectural detail
k W' .t i� ; . F. fiN
k' 4
P l�t 7:T Nr.t•71 3
• Simple building forms •Large porch • Simple building form • Full width porch
• Recessed garage • Organized windows •Simple roof form •Organized windows
I
f ��`
,0 '', ,...'..,,,,,,,.'' ' ''' ' ,., _
s PP, Y
4 N Y 1 y / h \ \ 1
I_i j
• Prominent Entry • Front facade depth •Architectural detail •Wide roof overhangs
•Material variation • Varied height and bulk • Recessed garage •Prominent entry
2010 S -25
42A Single - Family Residential (R1) Zones Appendix A
2.1 Architectural Details. Each architectural style has • Window size and proportion should be
developed with its own unique details that add human scale appropriate to the proposed architectural
and visual interest. Their use will ensure a consistency of style.
scale and design authenticity. • Window styles should be consistent.
• Use decorative elements and details that are • Use grouped windows in combinations of
typical of the architectural style selected. E.g. two or more where they are typical of the
use Spanish Style details on a Spanish Style home architectural style.
and not a Ranch Style home .
• Select wall siding, trim and roofing materials that
are suitable to the architectural style selected.
• Visually definitive window trim is highly
desirable for both wood siding and stucco //4
structures. �
• Use of natural trim materials for projecting trim
around windows and doors is desirable. If;/ { ` �` 1
simulated material is used material that can be + j L
painted or covered with a smooth stucco finish
should be used.,
2.2 Porches and Entries. Porches and entry features Grouped windows
should be proportional and appropriate to architectural style:
• Select columns that are traditional to the • Relate and align the location of windows on
architectural style of the house. Take care in second floors to those on the first floor, if
selecting columns with an appropriate width to possible. Placement should not appear
height ratio for the style. haphazard.
• Except for a very few styles, the columns should
have appropriate caps and bases with proportions ARCHITECTURAL STYLE
typical of the style. These principles are not intended to establish or dictate
• Provide a well proportioned beam between the a specific style. While a wide range of architectural styles is
column caps and the roof. Size and detail the acceptable, there is an expectation that any specific sty le
beam so that it looks like a convincing structural selected will be carried out with an integrity of forms and
member. details that are consistent with that style.
• Railings should be constructed of materials The following resources may be useful to homeowners,
suitable to the architectural style. Homes with builders, and design professionals m understanding the
predominantly stucco and stone exteriors may special qualities of specific house styles.
have metal or precast stone railings otherwise • A Field Guide to American Homes
railings should be constructed of wood. Provide Virginia & Lee McAlester
both top and bottom rails with the bottom rail Alfred A. Knopf 2000
raised above the porch floor level for wood and • The Abrams Guide to American House Styles
metal railings. Wilkin Morgan
Harry N. Abrams, Inc 2004
Note: All porches should be functional with a • House Styles in America
minimum depth of 6 feet. James C. Massey
Penguin Studio 1996
2.3 Balconies. • Celebrating the American Home
• Large second floor decks should be supported on Joanne Kellar Bouknight
appropriately sized and proportional columns. The Taunton Press 2005
• Balcony railings should be designed as discussed • The Distinctive Home, A Vision of Timeless
for porch railings. Design
Jeremiah Eck
2.4 Windows Size and Pattern. Each architectural The Taunton Press 2005
style has a typical pattern of windows that should be carried
out throughout your design.
2010 S -25
Appendix A Cupertino - Zoning 42B
2.5 Detail Materials Installation Guides. • Recessed garage doors
• Openings in walls should be constructed as • Recessed windows
if they were constructed of the traditional • Window trim
material for the style. For example, provide • Tall trees to break up views of long walls
substantial wall space above arches in
stucco and stone walls. Traditionally, wall S
Second floor ��p,
space above the arch was necessary to setbacks r ,
structurally span the opening.
• Treat synthetic stone as one would design I ' rt 6 4,4
with real stone (e.g., normal coursing for Bay .
load - bearing walls with significant returns C =- window
^ �' pop out
at windows and corners to avoid a pasted -on I �
look).
• Openings in walls faced with stone, real or ' rte
synthetic, should have defined lintels or
headers above the opening except in
Mission or Spanish styles. Lintels or
headers may be stone, brick or wood as - ;
r4 Substantial
suits the style of the house. roof overhang
•
Make materials and color changes at inside i
corners rather than outside corners to avoid , ,_ .. 1 -
a pasted on look. ` !
Vertical
wall
14— Well —� plane 4 i
R change
Inside YES inside
4 APPlled erial 1.* 41—N° ) !!sv a
Outside
mat p r
or color
Change materials Not at
and colors at outside
inside corners comers Architectural
detail f 1 Inset balcon
3. Facade Articulation. V 1
v
3.1 Visual Relief Techniques. The following
techniques offer ways to mitigate the bulk of larger homes "'` A
in smaller scale neighborhoods and the impact of two -story Be window
Horizontal plane
tall walls on adjacent neighbors and the streetscape. and materials changes
• Second floor setbacks
• Horizontal and vertical wall plane changes
• Pop outs
• Bay windows
• Chimneys tit ' � Recessed windows o x
• Wide overhangs with projecting brackets � � - ;,;ti, r,�;
• Juliet balconies
•
ii
Belly bands
• Window boxes and pot shelves
• Landscaped trellises and lattices n 1 ' ■
• Projecting window trim 1
• Materials and color changes . #_ ; ,1 �.
• Inset balconies .,
• Applied decorative features
i
42C Single -F II ' y Residential (R1) Zones Appendix A
Deep
recessed Architectural w detail
V J q window k
V v f a r
Juliet *, fi
A balcon
A 1r A*
Recessed ..w ,:,,,or, I Horizontal
windows -- i and vertical Recessed
and w all plane garage doors
window trim offsets
fi Recessed windows ' Architectural detail ,
Architectural ,
� � • ` detail
" ' _, z
Windo
«box ,,"'e 3
Recessed and
•
y ; 1 split garage , iii e
I doors a w -4'
x,, 14' Prominent ' 1 '11 1 ' Material
ent =.s ,RalifFirWr' „,, c hange
rc e ura "` 3F s
• detail Recessed windows
Substantial and architectural detail
• . r .,i_ roof overhen '
M
2
. .
1 L .iii,,,to .. ...f' A, ,""' Be window
Vertical
wall w 4 . Set back
plan Materials change garage
change and belly band
• ' 7 l " "'' Architectural detail
detali nd Architectural '" La . J
Ind trim �, roof ove,rh
'�_I Pot
Pll t + shelf
u
'� Belly ' / i L 9
x i band „....,
�.. .,,,,,,_.,,,,,,,..,...,
.3
Belly �� Fi �. Chimney
bend.. ` J
2010 S-25
Appendix A Cupertino - Zoning 42D
3.2 Defined Entry Feature. Entry features should be TRADITIONAL DETAILS
defmitive and appropriate both in terms of scale and design Architectural details will be expected to follow traditional
to the style of the house. standards. Three reference resources that can help are the
• Covered porches are strongly encouraged. following:
Especially in neighborhoods with a predominance • Traditional Construction Patterns:
of one -story homes, a porch with a roof at the Design & Detail Rules of Thumb
first floor will help to integrate the new, taller Stephen A. Mouzon
house into its surroundings. McGraw-Hill 2004
• Get Your House Right:
3.3 Simple Forms. Architectural Elements to Use and Avoid
Traditional architectural styles usually have relatively Marianne Cusato, Ben Pentreath,
simple floor plans and roof forms (See examples on the Richard Sammons, and Leon Krier
following pages). Sterling Publishing 2008
• Develop plans and elevations together. • Architectural Graphic Standards for Residential
• Complex floor plans require complicated building Construction: The Architect's and Builder's
masses and roof forms which significantly Guide to Design Planning and Construction
increase the cost of construction. Details (Ramsey /Sleeper Architectural Graphic
Standards Series)
3.4 Bay windows. Bay windows help add context and The American Institute of Architects John Wiley
articulation to the house, however the following should be & Sons 2003
considered when designing bay windows:
• Avoid very large bay windows that compete with 4. Design with architectural integrity on all sides
the entry as the focal point of the house. of the house.
• Bay windows should be designed with a base • Attention to detail and architectural consistency
element to the ground or with supporting brackets shall be maintained on all elevations of the house.
at the base for first floor windows. For second • Avoid "false front" architecture with attractive
floor bay windows, supporting corbels or street facades and stripped down facades facing
brackets are encouraged. Sloped roofs should be, neighbors on the second floor.
used and covered with a material that matches the
roof material or with metal. • Avoid using wall 5. Use high quality materials. Traditional
materials between the individual windows of the materials, such as wood and stone, are desirable, and
bay window unless the window is large. strongly encouraged. If synthetic material is used, it must
Generally, bay windows look best when the closely resemble authentic materials.
windows are close together and separated by
wood jambs that match wood sills and heads as 6. Sustainability. The City of Cupertino is
shown in the example. committed to sustainable planning that integrates and
balances environmental decisions with economic
considerations and recognizes the symbiotic relationship
between the natural environment, the community and the
Different roof
'., economy. This commitment to environmental stewardship,
material social responsibility and economic vitality of our community
can be realized in all design projects, from single family
' residences to large commercial properties, through green
building measures.
1 ' Green building is defined as an integrated framework
w ood jambs, of design, construction, operations and demolition practices
sins and heads I that encompasses the environmental, economic, and social
impacts of buildings. Green building practices recognize the
I t ...L j � ° interdependence of the natural and built environments and
seek to minimize the use of energy, water, and other natural
resources and provide a healthy, productive indoor
7 "---" 4 " , '
I' Strong base environment.
support
2010 S -25
42E Single- Family Residential (R1) Zones Appendix A
6.1 Green Building Principles. New construction or
additions to your home provides a wonderful opportunity to
incorporate green building components. Green component,
can be healthier for you and the environment and save you
money over time.
Section 5, Environmental Resources /Sustainability, of
The City of Cupertino's General Plan presents essential
components of a green building design and planning process.
These elements create a framework for evaluating green
building measures applicable to the construction of two story
residential design principles including but not limited to:
• Site planning
• Energy efficiency
• Material efficiency
• Water conservation
(Ord. 2039 (part), 2009)
2010 S -25
19.32.010
CHAPTER 19.32: RESIDENTIAL DUPLEX (R -2) ZONES
Section
19.32.010 Purpose. subject to any use permit requirements contained m that
19.32.020 Applicability of regulations. chapter;
19.32.030 Permitted uses. D. The keeping in each dwelling unit of a maximum
19.32.040 Conditional uses. of four adult household pets; provided that no more than two
19.32.050 Height of buildings and structures. adult dogs and two adult cats may be kept in each unit;
19.32.060 Lot area and width. E. Utility facilities essential to provision of utility
19.32.070 Building coverage and setbacks. services to the neighborhood, but excluding business offices,
19.32.080 Permitted yard encroachments. construction or storage yards, maintenance facilities, or
19.32.090 Architectural and site review. corporation yard;
F. Small - family day care home, m each unit;
G. Large - family day care home, which meets the
19.32.010 Purpose. parking criteria contained in Chapter 19.100, and which is
The residential duplex zoning district is intended to at least three hundred feet from any other large - family day
allow a second dwelling unit under the same ownership as care home. The Director of Community Development or
the initial dwelling unit on appropriate sites in areas his /her designee shall administratively approve large day
designated for multiple family use by the Cupertino General care homes to ensure compliance with the parking and
Plan. The residential duplex district is intended to increase proximity requirements;
the variety of housing opportunities available within the H. Residential care facility with six or less residents
community while maintaining the existing neighborhood not including the provider, provider family or staff, in each
character. (Ord. 1601, Exh. A (part), 1992) unit, that has a license from the appropriate State, County
agency or department;
19.32.020 Applicability of Regulations. I. Congregate residence with ten or less residents,
No building, structure or land shall be used, and no m each unit;
building or structure shall be hereafter erected, structurally J. Transitional housing and supportive housing.
altered or enlarged in an R -2 residential duplex district other (Ord. 2056, (part), 2010; Ord. 1688, § 3 (part), 1995; Ord.
than in conformance with the provisions of this chapter and 1657, (part), 1994; Ord. 1601, Exh. A (part), 1992)
other applicable provisions of this title. Notwithstanding the
above, request for reasonable accommodation may be made 19.32.040 Conditional Uses.
by any person with a disability, when the strict application The following uses may be conditionally allowed in the
of the provisions in this chapter, act as a barrier to fair R -2 residential duplex district subject to issuance of a
housing opportunities, pursuant to Chapter 19.50. (Ord. conditional use permit:
2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) A. Issued by the Director of Community
Development:
19.32.030 Permitted Uses. 1. Temporary uses, subject to regulations established
The following uses shall be permitted in the R -2 by Chapter 19.124;
residential duplex district: 2. Home occupations which require a conditional use
A. Two - family use under one ownership; permit pursuant to Chapter 19.92 of this title;
B. Accessory facilities and uses customarily 3. Large - family day care home, which otherwise
incidental to permitted uses and otherwise conforming with does not meet the criteria for a permitted use. The
the provisions of Chapter 19.80 of this title; conditional use permit shall be processed as provided by
C. Home occupations in each unit of a residential Section 1597.46 (3) of the State of California Health and
duplex dwelling subject, when accessory to permitted Safety Code.
residential use as provided in Chapter 19.92 of this title, and B. Issued by the Planning Commission:
2010 S -25 43
19.32.040 Cupertino - Zoning 44
1. Residential care homes in each unit; The minimum lot size in an R -2 zone is eight thousand
2. Residential care facility, in each unit, that is not five hundred square feet.
required to obtain a license by the state, county agency or B. Existing legal lots of record which contain less
department and has six or less residents, not including the area than required by Section 19.32.060A, but not less than
provider, provider family or staff; seven thousand five hundred square feet, may nevertheless
3. Residential care facility, in each unit, that has the be used as building sites provided that all other applicable
appropriate state, county agency or department license and requirements of this title are fulfilled.
has seven or greater residents, not including the provider, C. Notwithstanding the restrictions contained in
provider family or staff, is a minimum distance of five subsection 19.32.060A of this section, a reduction in the
hundred feet from the property boundary of another minimum lot size of no more than five percent of the net lot
residential care facility; area is permitted for a lot when fifty percent or more of the
4. Residential care facility, in each unit, that is not net lot area is adjacent to a curvilinear street.
required to obtain a permit from the state, county agency or D. The minimum lot width in an R -2 zoning district
department license and has seven or greater residents, not is seventy feet at the building setback line, except that with
including the provider, provider family or staff, is a respect to lots which have a net lot area of nine thousand
minimum distance of five hundred feet from the property square feet or more and which face a cul -de -sac, the
boundary of another residential care facility and has a minimum lot width is sixty feet. (Ord. 1784, (part), 1998;
minimum of seventy -five square feet of usable rear yard Ord. 1601, Exh. A (part), 1992)
area per occupant;
5. Congregate residence with eleven or more 19.32.070 Building Coverage and Setbacks.
residents which is a minimum distance of one thousand feet Building coverage and setback regulations in R -2
from the boundary of another congregate residence and has zoning districts are as follows:
a minimum of seventy -five square feet of usable rear yard A. The maximum lot coverage by all permanent
area per occupant. (Ord. 1688, § 3 (part), 1995; Ord. 1657, buildings on a lot in an R -2 zone is forty percent of the net
(part), 1994; Ord. 1601, Exh. A (part), 1992) lot area.
B. The minimum front -yard setback is twenty feet,
19.32.050 Height of Buildings and Structures. provided that the minimum may be reduced to fifteen feet
The height of buildings and structures in R -2 zones with respect to lots having curved driveways which enter the
shall be restricted as follows: side of a garage.
A. The maximum height shall be two stories, not C. The minimum side -yard setback shall be twenty
exceeding a total of thirty feet; percent of the lot width measured at the front setback line.
B. Accessory buildings shall be limited to a height of No side setback may be less than six feet. The minimum
one story not exceeding a total of fifteen feet; side -yard setback shall be increased by three feet for each
C. The City Council may prescribe that all buildings story above the first story on any building. The minimum
in a designated area be limited to one story in height (not to side -yard setback on the street side of a corner lot is twelve
exceed eighteen feet) by affixing to the R -2 zoning district feet.
symbol the designation "i." (Ord. 1601, Exh. A (part), D. The minimum rear -yard setback shall be twenty
1992) feet or no less than twenty percent of the lot depth,
whichever is greater, provided that the minimum rear -yard
19.32.060 Lot Area and Width. setback may be reduced to ten feet on condition that the
A. Lot area shall correspond to the number required rear -yard setback area is no less than eight hundred
(multiplied by one thousand square feet) following the R -2 fifty square feet or twenty times the lot width. In no event,
symbol. Examples are as follows: however, may a two -story segment of a duplex building be
closer to a rear lot line than the distance equal to twenty
Zoning Symbol Number Minimum Lot Area in percent of the lot depth. (Ord. 1601, Exh. A (part), 1992)
Square Feet
19.32.080 Permitted Yard Encroachments.
R -2 8.5 8,500 Encroachments into required yard setback areas in R -2
R-2 10 10,000 zones are permitted as follows:
R-2 12 12,000 A. Cornices, canopies, coves, decks (more than
eighteen inches above finished grade), and other
R -2 15 15,000 architectural features may extend into a required yard
setback area no more than two feet six inches.
2010 S -25
45 Residential Duplex (R -2) Zones
19.32.080
B. Unenclosed patio covers may extend into the
required rear -yard setback area, provided that it shall not be
closer than ten feet from the rear property line. (Ord. 1601,
Exh. A (part), 1992)
19.32.090 Architectural and Site Review.
No building, structure or sign shall be erected,
structurally altered, or enlarged, nor shall any landscaping
or parking plan be implemented or modified in an R -2 zone ,
without design review by the Design Review Committee
pursuant to Chapters 2.90 and 19.134 of the municipal code,
(Ord. 1844, § 1 (part), 2000; Ord. 1779, § 1(B), 1998)
2010 S -25
19.36.010
CHAPTER 19.36: MULTIPLE - FAMILY RESIDENTIAL (R -3) ZONES
Section
19.36.010 Purpose. D. Horticulture, gardening, and growing of food
19.36.020 Applicability of regulations. products for consumption by occupants of the site and
19.36.030 Permitted uses. limited to a maximum of ten percent of the lot area.
19.36.040 Conditional uses. E. The keeping of a maximum of four adult
19.36.050 Conceptual plan. household pets per dwelling unit, provided that no more
19.36.060 Site development regulations. than two adult dogs may be kept therein;
19.36.070 Parking. E. Temporary buildings for construction purposes
19.36.080 Architectural and site review. (including trailers) for a period not to exceed the duration of
such construction;
F. Small- family day care home;
19.36.010 Purpose. G. Residential care facility with six or less residents
The purpose of this chapter is to provide a zoning not including the provider, provider family or staff, that has
district permitting multiple - family residential uses and to a license from the appropriate State, County agency or
establish the regulations pertaining thereto. These department;
regulations are intended to guide future multiple - family H. Congregate residence with ten or less residents;
residential development and ensure a healthy functional I. Transitional housing and supportive housing.
environment for future residents within the proposed (Ord. 2056 (part), 2010; Ord. 1688, § 3 (part), 1995; Ord.
development and for and between adjoining parcels. (Ord. 1675, (part), 1994; Ord. 1601, Exh. A (part), 1992)
1601, Exh. A (part), 1992)
19.36.040 Conditional Uses.
19.36.020 Applicability of Regulations. The following uses may be conditionally allowed m the
No building, structure or land shall be used, and no R -3 multiple - family residential district, subject to issuance
building or structure shall be hereafter erected, structurally of a conditional use permit:
altered or enlarged in a multiple - family residential (R -3) A. Issued by the Director of Community
zoning district, otherwise than in conformance with the Development:
provisions of this chapter and other applicable provisions of 1. Temporary uses, subject to regulations established
this title. Notwithstanding the above, request for reasonable by Chapter 19.124;
accommodation may be made by any person with a 2. Home occupations which require a conditional use
disability, when the strict application of the provisions in permit pursuant to Chapter 19.92 of this title;
this chapter, act as a barrier to fair housing opportunities, 3. Large - family day care home. The conditional use
pursuant to Chapter 19.50. (Ord. 2056, (part), 2010; Ord. permit shall be processed as provided by Section 1597.46(3)
1601, Exh. A (part), 1992) of the State of California Health and Safety Code.
B. Issued by the Planning Commission:
19.36.030 Permitted Uses. 1. Child day care facilities;
The following shall be permitted in an R -3 zoning 2. Residential care facility, that is not required to
district: obtain a license by the State, County agency or department
A. Multiple - family residential dwellings; and has six or less residents, not including the provider,
B. Accessory facilities and uses customarily provider family or staff;
incidental to permitted uses and otherwise conforming with 3. Residential care facility, that has the appropriate
the provisions of Chapter 19.80 of this title; State, County agency or department license and has seven or
C. Home occupations, when accessory to permitted greater residents, not including the provider, provider family
residential use, as provided in Chapter 19.84 of this title, or staff, is a minimum distance of five hundred feet from the
and subject to any conditional use permit requirements property boundary of another residential care facility;
contained in that chapter;
2010 S -25 47
19.36.040 Cupertino - Zoning 48
4. Residential care facility, that is not required to 19.36.060 Site Development Regulations.
obtain a permit from the State, County agency or department A. Density.
license and has seven or greater residents, not including the 1. Each lot in an R -3 zoning district shall be
provider, provider family or staff, is a minimum distance of permitted the following number of dwelling units depending
five hundred feet from the property boundary of another on the corresponding lot size:
residential care facility and has a minimum of seventy-five
square feet of usable rear yard area per occupant; Number of Dwelling Net Lot Area
5. Congregate residence with eleven or more Units
residents, is a minimum of one thousand feet from the
boundary of another congregate residence and has a 3 9,300 square feet
minimum of seventy -five square feet of usable rear yard Over 3 2,000 additional square
area per occupant. feet per dwelling unit
C. Issued by the City Council upon recommendation
from the Planning Commission: 2. In no case shall the total number of dwelling units
1. Utility facilities essential to provision of utility per acre in a multiple - family zoning district exceed the
service to the neighborhood, but excluding business offices, density provisions of the General Plan. The R -3 zoning
construction or storage yards, maintenance facilities or district is applicable only to those areas designated in the
corporation yards. (Ord. 1688, § 3 (part), 1995; Ord. 1657, General Plan as having an allowable density range
(part), 1994; Ord. 1601, Exh. A (part), 1992) exceeding eight dwelling units per gross acre.
19.36.050 Conceptual Plan. 3. In a case where a density range is designated in
the General Plan, the allowable number of dwelling units
A. A property owner initiated rezoning in R -3 zones
shall be accompanied by a conceptual development plan. shall be established by the Planning Commission and City
B. A City - initiated rezoning need not Council as a part of the zoning ordinance which zones a
accompanied by a conceptual development plan. Prior to particular property as being within the R-3 zoning district.
development and use of the property, the owner shall submit B. Visual Privacy Intrusion. All structures in an R-3
al development plan. zoning district shall be built, designed, or situated in a
a conceptual al building permit may be issued for manner which, in the opinion of the Director of Community
development proposal of a vacant property presently zoned Development, will:
multiple- family residential until a conceptual development 1. Provide outdoor space for each dwelling unit
plan is approved in conjunction with a public hearing for a equaling approximately twenty percent of each unit's gross
development permit. first -floor area and ten percent of the gross floor area for
D. The information required to be shown on or units above the first story. Private outdoor balconies may be
attached to the conceptual development plan shall, in provided to fulfill this standard;
2. Minimize visual privacy intrusion into all or a
addition to the information required by another ordinance, significant portion of private outdoor yards, balconies, or
include the following: interior spaces through the use of windowless walls, winged
1. The architectural theme of the development, walls, atria, enclosed courtyards, and buildings oriented to
including the location of buildings on the lot, building public and private streets, or other techniques which rely
configurations, building heights, private patio and balcony upon structural design rather than to mitigation relying
areas, fence lines, and general window locations; solely upon a landscaping solution;
2. A description of the private outdoor area for each 3. Minimize noise intrusion through appropriate
riate
dwelling unit and a description of the degree of visual P
intrusion into adjoining properties which may result upon design and construction techniques to ensure isolation from
implementation of the project. The visual analysis shall excessive noise sources outside of the project boundary and
include scale cross - sections if deemed essential to interpret to ensure acoustical privacy between adjoining dwelling
the degree of visual intrusion into private outdoor or indoor amts.
C. Height of Buildings. The maximum height of any
space; building shall be two stories, not to exceed a total height of
3. A grading plan describing existing contours and thirty feet.
finish grading in relation to proposed construction. The D. Lot Width. The minimum lot width shall be
grading plan shall denote the location of all nonfruit trees seventy feet at the front building setback line.
with a trunk diameter as identified in the Tree Ordinance; E. Lot Coverage. The maximum lot coverage for
4. The location of areas proposed for vehicular buildings or structures shall be forty percent.
circulation and for landscaping. (Ord, 2056 (part), 2010; F. Front Yard Setback. The front -yard setback shall
Ord. 1844, § 1 (part), 2000; Ord. 1601, Exh. A (part), be a minimum of twenty feet.
1992)
2010 S -25
49 Multiple - Family Residential (R -3) Zones 19.36.060
G. Side -Yard Setback. The side yards shall equal at
least six feet for a single -story element, and nine feet for a
second -story element, and eighteen feet for structures
exceeding two stories or twenty-four feet in height. In all
cases, the Director of Community Development shall review
the relationships of buildings to adjoining structures and
may require additional side -yard setback distances in order
to meet the requirements of subsection B of this section.
The side yard on the street side of a corner lot shall not be
less than twelve feet.
H. Corner Triangle. No portion of a building shall
be located within a corner triangle (as defined in Section
19.08.030 of this title).
I. Rear -yard Setback.
1. The minimum rear -yard setback distance for a
single -story dwelling unit shall be twenty feet, or twenty
percent of the lot depth, whichever is greater; or shall
contain a useable rear -yard setback area of not less than
twenty times the width of the lot, in which case the main
building may be permitted to encroach as close as ten feet to
the rear lot line.
2. As used herein, the term "useable rear -yard
setback area" means that area bounded by the rear lot line(s)
and the rear building lines extended to the side lot lines.
3. The minimum rear -yard setback for a two -story
element of a dwelling unit shall be twenty feet or twenty
percent of the lot depth, whichever is greater. A two -story
element may be placed on a single -story structure which
satisfies the criteria for a ten -foot minimum setback distance
if the two -story element maintains a minimum rear -yard
setback of twenty feet or twenty percent of the lot depth,
whichever is greater. (Ord. 1601, Exh. A (part), 1992)
19.36.070 Parking.
A. In R -3 zones, in no case shall parking be
permitted in the rear -yard setback where the lot adjoins
property located in a single - family (R -1) zoning district.
(Ord. 1601, Exh. A (part), 1992)
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. (Ord.
2056, (part), 2010; Ord. 1844, § 1 (part), 2000)
2010 S -25
19.40.010
CHAPTER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES*
Section
19.40.010 Purpose. G. Promote compatibility of colors and materials of
19.40.020 Applicability of regulations. structures and the surrounding natural setting. (Ord. 1634,
19.40.030 Permitted uses. (part), 1993)
19.40.040 Conditional uses.
19.40.050 Site development regulations. 19.40.020 Applicability of Regulations.
19.40.060 Building coverage, setbacks and No building or structure or land shall be used, and no
height restrictions. building or structure shall be hereafter erected, structurally
19.40.070 Design standards. altered or enlarged in a residential hillside (RHS) zone,
19.40.080 Fencing. otherwise than in conformance with the provisions of this
19.40.090 Permitted yard encroachment. chapter and other applicable provisions of this title.
19.40.100 Geologic and soils report Notwithstanding any other provision of this chapter to
procedures. the contrary, structures which were legally constructed prior
19.40.110 Private roads and driveways. to the effective date of the ordinance codified in this section
19.40.120 Solar design. shall be deemed legally conforming;
19.40.130 Interpretation of planning d that any structural alteration, enlargemento remodeling of
19.40.140 Exceptions for development of such existing structure shall either comply with the site
certain individual hillside lots. development regulations (building coverage, setbacks, height
19.40.145 Applicability. restrictions and design standards) of this chapter or shall
obtain an exception as provided in Section 19.40.140. (Ord.
* Prior history: Ord. 1601. 1725, (part), 1996; Ord. 1634, (part), 1993)
19.40.010 Purpose. 19.40.030 Permitted Uses.
The purpose of the RHS zoning district is to regulate The following uses shall be permitted in an RHS
development commensurate with community goals, as zoning district:
described in the General Plan, to preserve the natural setting A. Single - family dwelling units with not more than
in the hillsides. This chapter utilizes performance standards one dwelling unit per lot;
and specific regulations to ensure that the utilization of land B. A second dwelling unit which conforms to the
for residential uses is balanced with the need to conserve procedure, standards and requirements of Chapter 19.84 of
natural resources and protect life and property from natural this code;
hazards. Specifically, this chapter is intended to accomplish C. Home occupations which conform to the
the following objectives: procedure, standards and requirements of Chapter 19.92 of
A. Enhance the identity of residential neighborhoods; this code;
B. Ensure the provision of light and air to individual D. Accessory buildings which conform to the
residential parcels; procedures, standards and requirements of Chapter 19.80 of
C. Ensure a reasonable level of compatibility in scale this code;
of structures within residential neighborhoods; E. Small- family day care home;
D. Maintain spatial relationship between structures F. Residential care facility with six or less residents
and within neighborhoods; not including the provider, provider family or staff, that has
E. Reinforce the predominantly low- intensity setting a license from the appropriate State, County agency or
of the community; department;
F. Maintain a balance between residential G. The keeping of animals as follows:
development and preservation of the natural hillside setting; 1. Household pets limited to one animal per three
thousand square feet of lot area except:
5 :t
19.40.030 Cupertino - Zoning 52
a. Adult dogs are limited to a maximum of two for Section 1597.46(3) of the State of California Health and
lots less than one acre and four for lots greater than one Safety Code,
acre, 3. The keeping of any animal not otherwise
b. The number of geese, ducks, chickens, rabbits permitted in Section 19.40.030G,
and other farm animals are not limited on a site greater than 4. Home occupations that require a conditional use
one acre, permit pursuant to Chapter 19.92 of this code,
2. Small household pets, 5. Buildings or structures which incorporate solar
3. Large animals, such as horses, cows, sheep, and design features that require variations from setbacks, upon
goats, limited as follows: a determination by the Director that the design feature or
a. Two large animals for the first forty thousand features will not result in privacy impacts, shadowing, or
square feet of land area, except mules and donkeys which intensive noise, odor, or other adverse impacts to the
require eighty thousand square feet for the first animal, surrounding area,
b. One additional large animal for each twenty 6. Second dwelling units which require a conditional
thousand square feet of land area, use permit pursuant to Chapter 19.84 of this code,
c. One additional large animal if said animal is 7. Crop, tree or horticultural farming for
raised for a 4H project, a project sponsored by recognized commercial purposes;
agricultural organization or a school project, B. Issued by the Planning Commission:
4. The required lot area for a large animal shall not 1. Limited commercial recreation uses, such as
be included in the required lot area for a household pet or riding clubs and related stables and trails, golf courses,
vice versa, except that a maximum of two household pets swimming and picnic grounds,
may be kept with large animals, 2. Residential care facility, that is not required to
5. All animals must be kept and maintained in obtain a license by the State, County agency or department
accordance with other Cupertino or Santa Clara County and has six or less residents, not including the provider,
codes and ordinances, provider family or staff,
6. No animals kept and maintained in an RHS 3. Residential care facility, that has the appropriate
zoning district may be raised for commercial purposes, State, County agency or department license and has seven or
7. Crop, tree or horticultural farming for personal greater residents, not including the provider, provider family
use. Produce grown on the site may be sold if the business or staff, is a minimum distance of five hundred feet from the
activity is conducted in a manner consistent with the home property boundary of another residential care facility,
occupation ordinance; 4. Residential care facility, that is not required to
H. Large family day care home which meets the obtain a permit from the State, County agency or department
parking criteria contained in Chapter 19.100, and which is license and has seven or greater residents, not including the
at least three hundred feet from any other large - family day provider, provider family or staff, is a minimum distance of
care home. The Director of Community Development or five hundred feet from the property boundary of another
his /her designee shall administratively approve large day residential care facility and has a minimum of seventy-five
care homes to ensure compliance with the parking and square feet of usable rear yard area per occupant,
proximity requirements; 5. Congregate residence with eleven or more
I. Congregate residence with ten or less residents; residents, is a minimum of one thousand feet from the
J. Transitional housing and supportive housing. boundary of another congregate residence and has a
(Ord. 2056, (part), 2010; Ord. 1658, (part), 1995; Ord. minimum of seventy -five square feet of usable rear yard
1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1634, area per occupant. (Ord. 1658, (part), 1995; Ord. 1688, § 3
(part), 1993) (part), 1995; Ord. 1657, (part), 1994; Ord. 1634, (part),
1993)
19.40.040 Conditional Uses.
The following uses may be conditionally allowed in the 19.40.050 Site Development Regulations.
RHS zoning district subject to the issuance of a conditional The following guidelines are a compilation of policies
use permit: described in the General Plan and are intended to govern the
A. Issued by the Director of Community preparation of development plans in RHS zones. All
Development: provisions of this section, except subsections A, B and C,
1. Temporary uses subject to regulations established may be deviated from upon an exception granted by the
by Chapter 19.128 of this code, Planning Commission in accordance with Section 19.40.140.
2. Large - family day care home which otherwise A. Dwelling Unit Density.
does not meet the criteria for a permitted use. The 1. The residential density for development within an
conditional use permit shall be processed as provided by
2010 S -25
57 Residential Hillside (RHS) Zones
19.40.110
19.40.110 Private Roads and Driveways. 19.40.050D through M and 19.40.060 through 19.40.090
All provisions of this section may be deviated from and 19.40.110 through 19.42.120 of this chapter, the
upon an exception granted by the Planning Commission in Planning Commission shall grant an exception to allow
accordance with Section 19.40.140. development if the subject property cannot be merged with
A. Pavement Width and Design. The pavement adjacent property pursuant to Government Code Sections
width and design for a private road or common driveway 66451.10 -- 66451.21 and if the commission, based upon
serving two to five lots and a single -lot driveway shall substantial evidence, makes all of the following fmdings:
comply with development standards contained in the Hillside
1. The proposed development will not be injurious
Subdivision Ordinance, Chapter 18.52 of this code. to property p p rty or improvements in the area nor be detrimental
B. Reciprocal Ingress /Egress. An applicant for a to the public health and safety.
building permit for a lot served by a private road or common 2. The driveway shall record an appropriate ro riate deed restriction hazardous condition p development
y
for pedest ian orvehicular traffic.
a
guaranteeing reciprocal ingress /egress easement to adjoining 3. The proposed development has legal access to
property owners who utilize the private road or common public streets and public services are available to serve the
driveway for the primary access to their lot(s). development.
C. Reciprocal Maintenance Agreement. The 4. applicant for a building permit for a lot served by a private which involves
the leastmodifi ation deviation from,
road or common driveway shall record an appropriate deed the development regulations prescribed in this chapter
restriction guaranteeing participation in a reciprocal necessary to accomplish a reasonable use of the parcel.
maintenance agreement with other lot owners utilizing the 5. All alternative locations for development on the
private road or common driveway for primary access. parcel have been considered and have been found to create
D. Gates. Gates may be used to control access to greater environmental impacts than the location of the
private roads and driveways provided that the design of the proposed development.
gate, including location, dimension and the locking devices, 6. The proposed development does not consist of
are approved by the Director of Community Development structures on or near known geological or environmental
after consultation with the Central Fire District. (Ord. hazards which have been determined by expert testimony to
1784, (part), 1998; Ord. 1634, (part), 1993) be unsafe or hazardous to structures or persons residing
19.40.120 Solar Design. therein. (See General Plan Policies 2 -49.)
7. The setback and height restrictions provided in this drainage n e pla which ill ensure that a sion scarring
chapter may be varied for a structure utilized for passive or of the hillsides caused by necessary construction of roads,
active solar purposes; provided, that no such structure shall housing sites, and improvements will be minimized. (See
infringe upon solar access or property rights of adjoining General Plan Policies 2 -53, 2 -54 and 2 -57.)
property owners. Any solar structure which requires 8. The proposed development does not consist of
variation from the setback or height restrictions of this structures which would disrupt the natural silhouette of
chapter may be permitted upon issuance of an exception by ridgelines as viewed from established vantage points on the
the Planning Commission. (Ord. 1634, (part), 1993) valley floor unless either:
a. The location of a structure on a ridgeline i
19.40.130 Interpretation of Planning Director. necessary to avoid greater negative environmental impacts;
The Director of Community Development shall be or
empowered to make reasonable interpretation of the b.
regulations and provisions of this chapter, consistent with located on the par el could r and the size o of the structure is the
the legislative intent thereof. Persons aggrieved by an minimum which is necessary to allow for a reasonable use
interpretation of this chapter by the Director of Community of the parcel. (See General Plan Policies 2 -46, 2 -47 and
Development may petition the Planning Commission in 2 -48.)
writing for review of the interpretation. (Ord. 1634, (part), 9. The proposed development consists of structures
1993) incorporating designs, colors, materials, and outdoor
lighting which blend with the natural hillside environment
19.40.140 Exception for Development of Certain and which are designed in such a manner as to reduce the
Individual Hillside Lots. effective visible mass, including building height, as much as
A. With respect to a request for development of a possible without creating other negative environmental
legally created individual hillside lot which does not meet impacts. (See General Plan Policies 2 -46, 2 -50, 2 -51 and
the development requirements contained in Sections 2 -52.)
2010 S -25
19.40.140 Cupertino - Zoning 58
10. The proposed development is located on the 19.40.145 Applicability.
parcel as far as possible from public open space preserves or This chapter shall apply to any permit filed after April
parks (if visible there from), riparian corridors, and wildlife 8, 1996, provided, however, that an exception previously
habitats unless such location will create other, more negative granted, and for which building permits are obtained two
environmental impacts. (See General Plan Policies 2 -55, years after the effective date of the ordinance codified in this
5 -14 and 5 -28.) section, is exempt. (Ord. 1725, (part), 1996)
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 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 fmdings contained m
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 m 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. (Ord. 2056, (part), 2010; Ord.
1725, (part), 1996; Ord. 1634, (part), 1993)
2010 S -25
19.44.010
CHAPTER 19.44: RESIDENTIAL SINGLE - FAMILY CLUSTER (RIC) ZONES
Section
19.44.010 Purpose. C. Compliance with the requirements of this chapter
19.44.020 Applicability of regulations. does not relieve the owner or developer of property intended
19.44.030 Characteristics of RIC zones. to be included in a single - family residential cluster zone
19.44.040 Permitted uses. from complying with all other applicable City ordinances or
19.44.050 Conditional use permit issued by conforming to the provisions of the City's General Plan.
Planning Commission. D. No building, structure or land shall be used, and
19.44.060 Site development regulations. no building or structure shall be hereafter erected,
19.44.070 Specific development standards. structurally altered or enlarged in a residential cluster zone,
19.44.080 Changes after granting of a cluster otherwise than in conformance with the following
zone. 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
19.44.010 Purpose. alterations permitted by Santa Clara Ordinance NS- 1200,
The purpose of a cluster zone is to promote Section 30, as it existed on October 10, 1955, which has
neighborhood identity and enhance the quality of life for been adopted by the City of Cupertino).
City residents by encouraging developers to use a more E. Notwithstanding the above, a request for
creative approach in land development, to provide a means reasonable accommodation may be made by any person with
for reducing the amount of street improvements and public a disability, when the strict application of the provisions in
utilities required in residential development, to conserve this chapter, act as a barrier to fair housing opportunities,
natural features, and to facilitate the provision of more pursuant to Chapter 19.50. (Ord. 2056, (part), 2010; Ord.
desirable aesthetic and efficient use of open space. (Ord. 1601, Exh. A (part), 1992)
1601, Exh. A (part), 1992)
19.44.030 Characteristics of RIC Zones.
19.44.020 Applicability of Regulations. A. A residential single- family cluster zone is a land
A. The requirements of this chapter, unless waived use designation for a single - family residential use upon a
or modified, must be met with respect to all real properties parcel of real property, a portion of which consists of:
intended to be developed as, or converted to, a single - family 1. An undivided interest in a common area used for
residential cluster development as described in this chapter, open space, recreational, parking, vehicular and pedestrian
including the conversion of existing apartment houses to circulation by residences of the parcel;
condominiums. 2. Separate property interests owned by each family
B. The requirements of this chapter can be waived residing on the parcel.
or modified if the Planning Commission and City Council B. The separate property interests may include:
make any one of the following findings: 1. Individual subparcels which comprise building
1. Although one or more specific standards cannot areas only or building areas plus private yards or atria; or
be complied with because of property size constraints, 2. Separate property interests in space in a
existing building morphology, topographical problems, or residential building on the parcel; or
other conditions beyond the control of the property 3. Both types of separate property interests
owner /developer, the proposed project substantially enumerated above. (Ord. 1601, Exh. A (part), 1992)
complies with the general standards contained within this
chapter; 19.44.040 Permitted Uses.
2. That the proposal provides for low- moderate The following uses shall be permitted in a single - family
income and senior citizen housing in a manner consistent residential cluster zone without the requirement of a use
with the housing element of the General Plan. permit:
2010 S -25 59
19.44.040 Cupertino - Zoning 60
A. Single - family dwelling units with not more than 1. The owner of a property within the City of
one dwelling unit per lot, or in the case of a condominium, Cupertino or the City's sphere of influence may apply for
not more than one dwelling unit within a defined air space; single - family residential cluster zoning or rezoning, to the
B. Home occupations subject to approval pursuant to Planning Commission of the City of Cupertino as specified
the Home Occupation Ordinance (No. 321) of the City of in Chapter 19.120.
Cupertino, as it now exists or may be hereafter amended; 2. The application shall be accompanied by a
C. Small - family day care home; development plan, contents of which are described in
D. The keeping of not to exceed two dogs and two Section 19.44.160H of this chapter. The development plan
cats over four months of age, or other small household pets shall be made a condition of the rezoning approval.
not to exceed four adults four months of age or more; B. Initiation of Cluster Zone by the City Council or
E. Residential care facility with six or less residents Planning Commission.
not including the provider, provider family or staff, that has 1. The City Council and /or Planning Commission
a license from the appropriate State, County agency or may initiate a public hearing to rezone specific properties to
department; a single - family residential cluster zone when it is determined
F. Congregate residence with ten or less residents; that residential cluster development will preserve or enhance
G. Transitional housing and supportive housing. land features and vegetation such as stream courses and
(Ord. 2056, (part), 2010; Ord. 1688, § 3 (part), 1995; Ord. groves of specimen trees, historic buildings, and unique
1657, (part), 1994; Ord. 1601, Exh. A (part), 1992) scenic vistas, and will enhance older neighborhoods which
have undeveloped properties which have an access problem
19.44.050 Conditional Use Permit Issued by or a parcel configuration which precludes development
Planning Commission. utilizing conventional street and lot standards. The
The following uses may be permitted, subject to the permitted density shall in each case be determined by the
securing of a conditional use permit in each separate case, density provisions of the land use element of the adopted
in locations where they, in the opinion of the Director of General Plan.
Community Development, are compatible with existing and 2. A development plan is not required for a City -
planned uses within the development area: initiated single - family residential cluster zoning district.
A. Residential care facility, that is not required to Prior to actual development and use of property within a
obtain a license by the State, County agency or department City - initiated single - family residential cluster district, the
and has six or less residents, not including the provider, property owner or developer shall submit a development
provider family or staff; plan as described in Section 19.44.070. The plan shall be
B. Residential care facility, that has the appropriate reviewed and approved by the Planning Commission and
State, County agency or department license and has seven or City Council in the same manner as a zoning hearing.
greater residents, not including the provider, provider family C. Density. The total number of dwelling units per
or staff, is a minimum distance of five hundred feet from the acre shall be defined by the density provisions of the current
property boundary of another residential care facility; land use and housing element of the General Plan. In a case
C. Residential care facility, that is not required to where a density range is designated, the allowable number
obtain a permit from the State, County agency or department of dwelling units shall be determined based upon the
license and has seven or greater residents, not including the following criteria:
provider, provider family or staff, is a minimum distance of 1. The relationship of the proposed development to
five hundred feet from the property boundary of another the development character of the immediate neighborhood;
residential care facility and has a minimum of seventy-five 2. The impact of the proposed development on
square feet of usable rear yard area per occupant; physiographic factors of the site, such as slope steepness,
D. Congregate residence with eleven or more geologic stability, and vegetation;
residents, is a minimum of one thousand feet from the 3. The impact of the proposed development on
boundary of another congregate residence and has a community, utility and social services such as sanitary
minimum of seventy -five square feet of usable rear yard sewer, storm drain, water, fire and police emergency
area per occupant. (Ord. 1688, § 3 (part), 1995; Ord. 1657, services, and schools;
(part), 1994; Ord. 1601, Exh. A (part), 1992) 4. The impact of the proposed development on the
capacity of the neighborhood street system;
19.44.060 Site Development Regulations. 5. The quality of the project design relative to
A. Initiation of Cluster Zone by Property Owner. building location, design, and materials and the livability of
the dwelling units for its future residents. The performance
2010 S -25
61 Residential Single - Family Cluster (RIC) Zones
19.44.060
standards contained within this chapter shall provide a to any cluster zone, and conformance to the development
means to measure the livability of the dwelling units; plan shall be a condition to the rezoning. Any approved
6. The relationship of the proposed development to changes in the Development Plan shall be incorporated in
the housing goals contained within the housing element of the final map.
the General Plan. H. Development Plan. Unless waived or deferred by
D. In hillside areas, i.e., those areas delineated as the Planning Commission on motion adopted, the
hillside in the General Plan, the maximum number of information required to be shown on or attached to the
dwelling units permitted in a cluster development shall be development plan shall, in addition to the information
calculated in accordance with slope- density formulas and /o:- required by the Subdivision Ordinance, and to other
other mechanically or mathematically approved methods to information which may be prescribed by the Planning
determine dwelling unit intensity as outlined by the General Commission, include the following:
Plan. 1. Common area that is to be maintained and
E. The land area utilized to compute the maximum controlled by the owners of the property and their successors
allowable number of dwelling units shall be the gross size oi' in interest, but is to be available for the recreational and
the property less: leisure use of the occupants of the cluster development;
1. Nonstreet areas which have been, or will be 2. A grading plan describing existing contours and
required to be dedicated or acquired, in fee, for public finish grading in relation to the proposed building program.
purposes such as flood control and water conservation, The plan shall contain complete cross - sections. The grading
parks, and public schools; plan shall denote the location of all native trees over four
2. Areas on the site which cannot legally or inches in diameter and the impact of the grading plan on
physically be utilized for building or recreations uses, e.g., such trees;
areas directly underneath transmission towers or areas 3. Parcels of land intended to be dedicated or
containing easement rights which prohibit use of the land. reserved for public parks, playgrounds, school sites, or
F. General Development Standards. The following otherwise dedicated or reserved to the public in general;
standards shall be utilized to evaluate the site and 4. A map showing the proposed system of public and
architectural design of a residential cluster development: private streets, including cross - sections for all types of
1. Private outdoor space shall be provided for each streets;
unit. The amount of space shall be determined in each case 5. A description of immediately adjoining land use
by the size of the unit, type of tenure and amount of open types, including the location of structures;
space. 6. The architectural theme of the development and
2. The relationship between adjoining units shall be the location of buildings, building configurations, building
designed in such a manner so as to preclude visual intrusion heights, building square footages, fence lines, private patio
into private outdoor yards or interior spaces. and balcony areas, and lot lines. A coding system shall be
3. Appropriate site design and construction used to delineate unit types relative to number of stories and
techniques shall be utilized so as to ensure isolation from number of bedrooms. A land use distribution table shall be
excessive noise sources outside of the project boundary and prepared setting forth the net property size and the land area
ensure acoustical privacy between adjoining units. If the devoted to various land use activities. (Ord. 1601, Exh. A
Director of Planning and Development determines that an (part), 1992)
excessive external noise source will exist within the project
area, the developer shall retain an acoustical engineer to 19.44.070 Specific Development Standards.
evaluate the noise impact on the proposed residential A. There is no minimum development area for a
development and develop mitigation measures. The residential cluster zoning district.
construction system shall comply with applicable City B. Setbacks. There is not specific requirement for
ordinances relative to sound - transmission control to ensure setbacks other than a requirement that a distance of twenty -
acoustical privacy between adjoining dwelling units. five feet shall be a setback be provided on a corner lot to the
G. Conditions. extent that a forty -foot sight triangle is provided, and that
1. In approving a cluster zone, there may be units immediately adjacent to the development boundary
included such conditions as are deemed reasonable and shall have the same setbacks as required in the adjacent
necessary under the circumstances to preserve the integrity zones.
and character of the district and to secure the general C. Height. The maximum height shall be thirty feet
purposes of this title and the General Plan. measured as the vertical distance from the average of the
2. The development plan shall be incorporated in highest and lowest finished grade adjacent to a building to
and made an appendix to the resolution granting a rezoning the highest point of said building. An increase in height
2010 S -25
19.44.070 Cupertino - Zoning 62
shall be permitted if the Planning Commission or City 7. The owner of the development will be required to
Council determine that such height increase will not have an participate in the initiation of a City ordinance to make the
adverse impact upon the immediately adjacent private streets subject to the Vehicle Code, under the
neighborhood. Generally, units immediately adjacent to the provisions of Section 21107.7 of the Code, the provisions of
development area boundary shall not exceed the height of such ordinance to be subject to the approval of the enforcing
existing dwelling units adjacent to the development area. agency.
D. Site Design. 8. The roadways of the private street, plus a five -
1. Front entryways shall be private by either foot -wide strip on either side, shall constitute a public
orientating them in a different direction from adjoining service easement; other public service or utilities easements
units, by utilization of an enclosed patio, by utilization of may be incorporated in the plan.
wing walls, by utilization of a recessed foyer, or through 9. Adequate turnaround space shall be provided at
other design techniques. the termini of the private streets subject to the approval of
2. All dwelling units (and buildings containing the Central Fire District.
condominium units) shall be interconnected by pedestrian F. Improvements and Covenants for Common Area.
walks fully separated from moving vehicles. 1. Improvement of the common areas shall be
3. Each unit shall have direct access to common completed by the developer and shall be subject to bonding
open spaces. and other procedures in the same manner as required for
4. In family- oriented planned residential street improvements by the Subdivision Ordinance. The
communities, playfields shall be incorporated into common common areas shall be deeded to an association of the
open space to accommodate group play activities. homeowners for whose benefit the common area is set aside;
5. Small sitting areas or tot lots shall be provided development rights shall in this case be dedicated to the
throughout each project to provide informal meeting space City.
to enable immediate neighbors to interact with each other 2. Maintenance of the common areas shall be the
when they so desire. responsibility of the homeowners association to which the
E. Streets. common areas are deeded. In the event the private road,
1. The pavement, curbs, gutters and storm drains driveways, parking areas, walkways, landscaping or
and water mains of the private street shall be constructed to buildings are not maintained to applicable City standards,
the standards of City streets, subject to the approval of the the City may, after notice and advertised public hearing,
City Engineer, except that the City Engineer, may permit effect the necessary maintenance, with the cost therefor to
modifications recommended by a licensed engineer. The be a lien on the property.
minimum width of a private street shall be twenty -four feet 3. To assure that the open space shall be available
curb to curb, with curb and gutter on both sides of the for the entire development, the development rights to the
street. common area shall be dedicated to the City of Cupertino in
2. All private streets shall be inspected by the City advance of the recordation of a fmal subdivision map.
during construction. 4. Prior to recordation of the declaration of
3. Sidewalks shall be a minimum of four and one- covenants, conditions and restrictions by the developers, the
half feet in width. declaration shall be reviewed by the City Attorney to
4. The private street and the major walkways shall determine its compatibility with the intent and conditions as
be lighted to an intensity approved by City Engineer. The set forth herein. Any changes in the declaration shall be
type and location of electroliers are subject to approval by subject to the approval of the City Council.
the Planning Commission. 5. The articles of incorporation of the homeowners
5. There shall be a system for the naming of the association and any other instrument related to the
private street and for address numbers, subject to approval association shall be subject to the approval of the City
by the Building Department after consultations with the Attorney. (Ord. 1630, (part), 1993; Ord. 1601, Exh. A
Postmaster, the Central Fire District and the County (part), 1992)
Communications Office.
6. A bicycle circulation system shall be incorporated 19.44.080 Changes after Granting of a Cluster
into the project design in a manner which, to the greatest Zone.
degree possible, separates bicycle movements from motor A. In the event that the applicant shall desire to make
vehicles and pedestrians. The bicycle system shall interface any change, alteration or amendment in the approved
with existing and planned City -wide systems. Development Plan or covenants after a cluster zone has been
granted by the City Council, a written request and revised
2010 S -25
63 Residential Single - Family Cluster (RIC) Zones 19.44.080
development plan shall be submitted to the Building
Department. Along with the plans, a letter of approval from
the appropriate homeowners association or architectural
board shall be submitted.
B. If the number of dwelling units is not increased,
and the City Planner makes a fording that the changes are
minor and do not affect the general appearance of the area
or the interests of owners of property within or adjoining the
development area, the building permit will be issued. If the
homeowners association fails to act, the Planning Director
may make a determination of significance. The Planning
Director may issue a building permit or require that the
applicant receive architectural and site approval. If the
homeowners association issues a statement opposing the
proposed modifications, the property owner must submit for
architectural and site approval. Building permits will not be
issued until City Council approves the request (Resolution
No. 4128).
C. A material change in the Development Plan,
including change of requirements or conditions, or an
increase of the number of dwelling units, shall be processed
as a zone change.
D. The requirements of this chapter can be waived
or modified if the Planning Commission or City Council
makes 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;
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.
E. 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.
F. 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 the ordinance codified in
this title takes effect may remain as long as no alterations
take place (except those alterations permitted by Chapter
19.112. (Ord. 1601, Exh. A (part), 1992)
2010 S -25
19.50.010
CHAPTER 19.50: REASONABLE ACCOMMODATION
Section
19.50.010 Purpose. a. Why the individual is considered disabled under
19.50.020 Applicability. the Acts;
19.50.030 Application requirements. b. The development or land use regulations from
19.50.040 Approval authority, procedure and which reasonable accommodation is being requested; and
decision. c. Why the reasonable accommodation is necessary
19.50.050 Findings. to make the specific property accessible to the individual.
19.50.060 Appeals. B. Application for a request for reasonable
accommodation shall be accompanied by the fee prescribed
19.50.010 Purpose. by City Council resolution, no part of which shall be
This chapter provides a procedure to request returnable to the applicant. (Ord. 2056, (part), 2010)
reasonable accommodation for persons with disabilities
seeking equal access to housing under the Federal Fair 19.50.040 Approval Authority, Procedure and
Housing Act, the Federal Fair Housing Amendments Act of Decision.
1988, and the California Fair Employment and Housing Act A. Approval Authority.
(the Acts) in the application of development or land use 1. Director of Community Development. Requests
regulations. (Ord. 2056, (part), 2010) for reasonable accommodation shall be reviewed by the
Director of Community Development (Director), or his
19.50.020 Applicability. designee.
A request for reasonable accommodation may: 2. Other Approval Authority. Requests for
A. Be made only for existing residential dwellings or reasonable accommodation submitted for concurrent review
second dwelling units. with other applications shall be approved by the body having
B. Be made by any person who is defined as disabled final decision - making authority over the combined
under the Acts, when the application of development or land application.
use regulations act as a barrier to fair housing opportunities. B. Procedure. No public noticing or hearing is
C. Include a variance to the development or land use required.
regulations that would eliminate regulatory barriers and C. Decision. A written determination of the final
provide a person with a disability equal opportunity to decision shall be mailed to the applicant. (Ord: 2056, (part),
housing of their choice. (Ord. 2056, (part), 2010) 2010)
19.50.030 Application Requirements. 19.50.050 Findings.
A. Application shall be made to the Director of A. The approval body may grant a request for
Community Development, on a form provided by the City, reasonable accommodation only if all of the following
and shall contain the following: findings are made:
1. A description and map showing the location of the 1. The proposed improvements are necessary to
property for which the request for reasonable provide housing access for persons disabled under the Acts;
accommodation is sought; 2. The reasonable accommodation granted is one
2. Plans or descriptions of existing and proposed that will accomplish the purpose with the least modification
construction on the property involved together with a to the development or land use regulations from which
statement of the circumstances which justifies the request for reasonable accommodation is being requested;
reasonable accommodation; 3. The granting of the reasonable accommodation
3. Such additional information as the Director may will not be detrimental or injurious to property or
deem pertinent and essential to the application, including, improvements in the vicinity, and will not be detrimental to
but not limited to:
2010 S -25
68.k
19.50.050 Cupertino - Zoning 68B
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 fmdings in Section 19.50.050(A). (Ord. 2056, (part),
2010)
19.50.060 Appeals.
A decision by the approval body regarding the request
for reasonable accommodation may be appealed pursuant to
Chapter 19.136. (Ord. 2056, (part), 2010)
2010 S -25
19.56.010
CHAPTER 19.56: GENERAL COMMERCIAL (CG) ZONES*
Section
19.56.010 Purpose.
19.56.020 Applicability of regulation. C. Professional, general, administrative, business
offices, business services, such as advertising bureaus,
19.56.030 Permitted uses,
credit reporting, accounting and similar consulting agencies,
19.56.040 Conditional uses.
stenographic services, and communication equipment
19.56.050 Excluded uses.
19.56.060 buildings, except that such uses shall not comprise more
Permit for new development. than twenty -five percent of the building space in a sho
19.56.070 Land use activity and site
development regulations. center; PP�g
19.56.080 Inter
opme development
by the regulations.
n D. Banks, financial institutions, insurance and real
Director, g estate agencies, travel agencies, photography, and similar
studios which directly serve the public;
* Prior history: F. Laundry facilities, including self service and full
ry: amended during 4/94 supplement service operations; and retail dry cleaning establishments,
and by Ords. 1601, 1618, 1630 and 1637. provided that the solvents used in the cleaning process shall
not be used or stored in any manner not approved by the
19.56.010 Purpose. State Fire Marshal and provided the establishment received
The purpose of the general commercial zoning district Dit approval t. Dry cleaning is 1 mited to items directly delivered
gulations for
is to establish re Quality Management
retailing, offices and service to the establishment by retail customers;
establishment offering goods and services to the general
public which will assure maximum compatibility with G. Private clubs, lodges, or fraternal organizations
P Y as subordina uses i d buildings his section;
primarily for other
surrounding residential areas as well as minimize adverse permitted uses provided for r in this section;
traffic impacts resulting from commercial development.
(Ord. 1687, Exh. A (part), 1995) H. Limited repair services, such as jewelry,
household appliance, typewriter and business machine repair
19.56.020 Applicability of Regulation. shops;
No building, structure, or land shall be used, and no I. Personal service establishments such as
building or structure shall be erected, structurally altered, or epair and tailor shops;
enlarged in a CG zone, otherwise than in conformance with beauty Parlors, massage establishments, shoe
the provisions of this chapter and other applicable rovisions J Accessory facilities and uses customarily
P
of this title. (Ord. 1687, Exh. A incidental to permitted uses;
(part), 1995) K. A maximum of four video game 19.56.030 Permitted provided these machines are incidental to the main ac
ed Uses.
The following uses shall be permitted in a general of the business;
commercial (CG) zoning district subject to the erforrnance SPecialty food stores which cumulatively
standards contained in Section 19.56.070. P comprise less than fifty percent of the retail space of a single
A. Retail businesses, such as, but not limited to, food building or shopping center;
stores (excluding convenience markets), drugstores, apparel M. Pet shop and pet services facilities (buildings)
shops, variety stores and hardware stores; g � PP which are located in a sound -proof structure and are in
B. Full service restaurants (without separate bar compliance with Santa Clara County Health Department
facilities) where all public entrances face away from regulations;
N. Child day care facilities located within an
residential zoning districts and where the required customer established business serving that business only and which
parking is located within close proximity of the entrance and not generate additional traffic from that produced by th e
is more than one hundred feet from any residential district; business do
ss itself, Y
2010 S -25
73
19.56.030 Cupertino - Zoning 74
O. Vocational and specialized schools, dance and 11. Pet shops and facilities for bathing, clipping,
music studios, gymnasiums and health clubs which trimming and similar services for pets, when not located in
cumulatively comprise less than fifty percent of the space in a soundproof space;
a shopping center, provide adequate parking as determined 12. Mortuaries;
by Chapter 19.100 and meet noise requirements as 13. Theaters;
determined by Chapter 10.48; 14. Automobile service stations, automobile washing
P. Other uses which, in the opinion of the Director facilities;
of Community Development, are similar to the above 15. Automobile, trailer, tire and boat sales and rental,
permitted uses, and which do not create significant adverse limited to new and used vehicles in operable condition;
impacts to the surrounding area due to odor, dust, smoke, 16. Any commercial establishments with drive -
glare, fumes, radiation, vibrations, noise, traffic or litter. through facilities;
(Ord. 1815, (part), 1999; Ord. 1687, Exh. A (part), 1995) 17. Late evening activities which occur between
eleven p.m. through seven a.m.
19.56.040 Conditional Uses. 18. Business activities which display merchandise or
The following uses may be conditionally allowed in the provide services in an unenclosed space visible from a
CG zoning district, subject to issuance of a conditional use public street or adjoining residential property, except
permit: activities which display merchandise as provided by Section
A. Issued by the Director of Community 19.56.070(1)(d).
Development: 19. Business activities, which incorporate contracting
1. Specialty food stores which cumulatively occupy services for which a contracting license issued by the State
more than fifty percent of the building floor space in a single of California, are required.
building or shopping center; 20. Other commercial uses which are neither
2. Vocational and specialized schools, dance and permitted uses nor excluded uses and which are, in the
music studios, gymnasiums and health clubs which opinion of the Planning Commission, consistent with the
cumulatively comprise more than fifty percent of the space character of a general commercial (CG) zone of the same
in a shopping center, provide adequate parking as general character listed in this section, and which do not
determined by Chapter 19.100 and meet noise requirements create significant adverse impacts to the surrounding area
as determined by Chapter 10.48; due to odor, dust, fumes, glare, radiation, vibration, noise,
3. Retail /service kiosks located in an unenclosed traffic or litter. (Ord. 1815, (part), 1999; Ord. 1784, (part),
space visible from public streets or other publicly owned 1998; Ord. 1687, Exh. A (part), 1995)
space, where adequate parking is provided as determined by
Chapter 19.100, which do not result in traffic or circulation 19.56.050 Excluded Uses.
impacts, have attractive designs and landscaping, and are The following uses shall not be permitted in general
compatible with the surrounding architecture. commercial (CG) zones:
B. Issued by the Planning Commission: A. Businesses where the primary activity is related
1. Automobile repair shops and tire repair shops; to the on -site manufacturing, assembly or storage of building
2. Commercial parking and parking garages; components intended for use by general contractors or
3. Convenience markets; wholesalers;
4. Hotels, motels, and boardinghouses; B. Wholesale lumberyards, warehouses, storage
5. Liquor stores; garages, nurseries, greenhouses and other wholesale
6. Drinking establishments; businesses, except computer hardware and software and
7. Full- service restaurants with separate bar communications businesses for which the city may generate
facilities; fast -food restaurants, and any entertainment sales tax revenue where the primary activity is to conduct
facilities (e.g., dancing, live music) in association with full- sales and services to other businesses rather than to direct
service or fast -food restaurant; retail customers;
8. Commercial entertainment establishments, such C. Other uses which, in the opinion of the Planning
as indoor theaters, bowling alleys, billiard and pool parlors, Commission, are objectionable by reason of odor, dust,
dance halls, skating rinks, and arcades; smoke, glare, fumes, radiation, vibration, noise, traffic or
9. Private clubs, lodges and fraternal organizations, litter shall be excluded. (Ord. 1687, Exh. A (part), 1995)
as principle uses buildings; fraternity and sorority houses;
10. Child care centers, day nurseries, and 19.56.060 Permit for New Development.
playgrounds; A. Prior to the erection of a new building or
structure in a CG zoning district, or prior to the enlargement
2010 S -25
75 General Conunercial (CG) Zones 19.56.060
or modification of an existing building, structure, or site acoustical engineer shall certify the design and operating
(including landscaping and lighting) in a CG zoning district, conditions of a sound -proof space.
the applicant for a building permit must obtain development 3. The activity must involve direct retailing of goods
permits from the Planning Commission unless the building or services to the general public. The retailing and servicing
square footage is five thousand square feet or greater, m activity must comprise at least fifty percent of the floor
which case the development permits may only be issued by space, including enclosed patio and atrium space, and must
the City Council upon recommendation of the Planning represent the primary emphasis of the business. Window
Commission. displays shall reflect the retail emphasis.
B. Minor architectural modifications including 4. Certain activities which require a hazardous
changes in materials and colors shall be reviewed by the material plan are permitted subject to permitting or licensing
Director of Community Development as specified in Chapter by an authorized public agency charged with the
19.132 or 2.90 of this code. If an application is diverted to responsibility to protect the public health and welfare
the Design Review Committee or the Planning Commission, regarding the involved hazardous material. Examples:
the application shall be agendized for a Design Review swimming pool and spa supply, photo finishing, dental
Committee or Planning Commission meeting as an office.
architectural and site application. (Ord. 2056, (part), 2010; 5. The activity complies with applicable off - street
Ord. 1844, § 1 (part), 2000; Ord. 1784, (part), 1998; Ord. parking standards including shared parking arrangements
1687, Exh. A (part), 1995) specified in the off - street parking ordinance.
B. Lot Area and Coverage. Except as may be
19.56.070 Land Use Activity and Site Development provided in the General Plan or applicable specific plan, no
Regulations. minimum lot area or coverage is required; provided,
A. Land Use Criteria. Unless otherwise provided by however, that any lot in a CG zoning district shall have
a conditional use permit, the following regulations shall sufficient area to satisfy off - street parking and loading
apply to all users governed by this chapter. requirements contained in this title and shall otherwise
1. The activity must be conducted entirely within a comply with any setback regulations of this chapter or the
building or enclosed patio or atrium except for: General Plan.
a. Vehicular parking including the parking of C. Height of Buildings and Structures. Except as
business related vehicles that comply with the sign, off - street otherwise provided by the General Plan or applicable
parking and noise regulations; specific plan, the maximum height of a building /structure in
b. Outdoor seating for restaurants as long as the a CG zoning district is thirty feet.
number of seats do not exceed twenty percent of the number D. Required Setbacks for Buildings and Enclosed
of authorized indoor seats and is otherwise compatible with Patio /Atrium Space.
Chapter 19.100 of this code; 1. Front yard. Front -yard setbacks for each site or
c. Special promotional events undertaken by lot in CG zone may be established by the City Council upon
permitted businesses; recommendation of the Planning Commission based upon
d. The display of merchandise in front of stores special policies contained in the General Plan and /or
containing a minimum of twenty thousand square feet of applicable specific plan and to insure sufficient space to
floor area. The merchandise must be displayed under a roof provide adequate light, air and visibility at intersections; to
overhang or canopy and must be displayed in an organized, assure general conformity to yard requirements of adjacent
neat and safe fashion; or nearby zones, lots or parcels; and to promote excellence
e. Incidental activities directly related to the of development.
permitted business. The incidental activity must comply 2. Side and Rear Yard. Unless regulated by a
with noise standards, all other applicable health and safety specific plan, no side or rear yard setback shall be required
regulations and must use equipment which, when not in use, in a CG zoning district, except where a lot in a CG zone
is stored in an approved enclosed space. abuts any residential or agricultural- residential zone in
2. The activity must comply with the City noise which case the following regulations apply:
standards, including pick -up and delivery times. Some a. No part of any building in a CG zoning district
activities are permitted when located in a sound -proof space. shall be closer to a lot in a residential or agricultural -
A sound -proof space is an enclosed area which is designed residential zone than the height of that particular part of the
to prevent internally generated noise from being audible building.
from a receptor located outside of the structure. An b. The side yard adjacent to a lot in a residential or
agricultural - residential zone shall be a minimum of twelve
feet.
2010 S -25
19.56.070 Cupertino - Zoning 76
c. The side yard adjacent to a street shall be a a. The average horizontal maintained illumination
minimum of twelve feet. should be between one and three foot- candles; and
d. The rear yard adjacent to a lot in a residential or b. The average maximum to minimum ratio should
agricultural- residential zone shall be a minimum of twenty be generally between six and ten to one.
feet or a distance equal to one and one -half feet of horizontal 4. Critical areas such as stairways, ramps and main
setback distance for each foot of height of a commercial walkways may have a higher illumination.
building measured from its eave line or top of parapet. The 5. Lighting around automatic teller machines shall
greater distance shall prevail. meet minimum standards required by the State Business and
E. Noise Standards. Professions Code.
1. New Construction. The construction of new G. Landscaping. The application for development
buildings on property adjoining a residential district which permits to construct a building in a general commercial zone
is not included in a joint development plan shall install the shall be accomplished by a concept landscaping plan which
noise attenuation devices described in paragraphs a through provides an effective year -round landscaping screen in the
d of this subdivision. The construction of retail structures setback area adjoining a residential property. The intent of
in a mixed use residential development shall employ noise the plan is to screen the building from the rear yard of a
attenuation techniques recommended by an acoustical residence. The affected residents will be given notice of
engineer to comply with the community noise ordinance. hearings and may give testimony advocating an increase in
a. Exterior walls shall be designed to attenuate all planting to provide more screening or reduction in landscape
noise emanating from interior retail space. material to preserve views and /or permit more sun to enter
b. Locate loading docks and doors away from their property. The intent of the planning requirement is to
residential districts. Required fire doors are excluded. provide screening within five years. (Ord. 2056, (part),
c. Air conditioning, exhaust fans, and other 2010; Ord. 1784, (part), 1998; Ord. 1687, Exh. A (part),
mechanical equipment shall be acoustically isolated to 1995)
comply with the noise ordinance.
d. A minimum eight- foot -high masonry sound wall 19.56.080 Interpretation by the Planning Director.
shall be installed on or adjacent to the common property line A. The Director of Community Development shall be
between a retail and residential property. Wall height is empowered to make reasonable interpretations of the
measured from the property with the highest fmish grade. regulations and provisions of this chapter consistent with the
An acoustical engineer shall certify that the above legislative intent thereof. If the Applicant is aggrieved by an
sound attenuation measures comply with the intent of the interpretation of the chapter by the Director of Community
regulation and the City's community noise ordinance. Development, said applicant may petition the Planning
2. Sound attenuation for activities regulated by use Commission in writing for review of the interpretation.
permit. B. Owners of property immediately adjoining the
All activities described in Section 19.56.040 affected property shall be notified of a Planning Commission
(conditional uses) that have a high probability of generating review of a Director of Community Development's
noise which may transmit into adjoining residential interpretation. (Ord. 1687, Exh. A (part), 1995)
properties shall comply with the noise attenuation
requirement listed in subsection El of this section.
F. Lighting. New lighting fixtures for any new site
construction or building improvements shall meet the
following requirements:
1. All exterior lighting shall be a white type light
either metal halide or a comparable color corrected light
unless otherwise approved as part of a development plan.
2. The light fixtures shall be oriented and designed
to preclude any light and direct glare to adjacent residential
properties. No direct off-site glare from a light source shall
be visible above three feet at a public right -of -way.
3. Parking lots, sidewalks and other areas accessible
to pedestrians and automobiles shall be illuminated with a
uniform and adequate intensity. Typical standards to
achieve uniform and adequate intensity are:
2010 S -25
19.64.010
CHAPTER 19.64: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ) AND
TRANSPORTATION (T) ZONES
Section
19.64.010 Purpose. 4. Adequate supervision is provided;
19.64.020 Applicability of regulations.
19.64.030 Permitted uses in a BA zone. 5. Fire safety regulations are met; and
6. Operation period does not exceed two months in
19.64.040 Permitted uses in a BQ zone. any twelve -month period at any single location.
19.64.050 Conditional uses in a BQ zone. B. Permanent emergency shelter provided the
19.64.060 Conditional uses in a T zone.
19.64.070 Requirement of a develo ment tan. following conditions are met:
p p 1. Section 19.64.040(A) 1 -5; and
19.64.080 Architectural and site review. 2. Occupancy is limited to six months or less.
19.64.090 Site development regulations.
Application for a rotating or permanent homeless
shelter shall be made to the Director of Community
19.64.010 Purpose. Development. The Director shall approve the application if
The BA, BQ and T zoning districts are designed to Ord. e 1637 the above standards. (Ord. 2056, (part), 2010;
(part), 1993; Ord. 1601, Exh. A (part), 1992)
accommodate governmental, public utility, educational,
religious, community service, transportation, or recreational 19.64.050 Conditional Uses in a BQ Zone.
facilities in the City. (Ord. 1601, Exh. A (part), 1992)
The following uses may be conditionally allowed in the
19.64.020 Applicability of Regulations. BQ district, subject to the issuance of a conditional use
The specific regulations of this chapter shall apply to permit issued by the Planning Commission:
all BA, BQ and T zoning districts. (Ord. 1601, Exh. A Utility Commission for sed restricted cted to administ ativ and
(part), 1992) office buildings, communication equipment buildings,
including parking, landscaping and maintenance within an
19.64.030 Permitted Uses in a BA Zone.
Build s ings and other uses on land owned or utilized by enclosed area or storage yard;
g
a fed Buil sin tate, s and
of or uses y B. Religious, civic, and comparable organizations,
Y, city government or authority, or for uses restricted to church buildings, community halls,
by a special district created for public purposes under the administrative buildings, schoolrooms, recreational
laws of the State of California are permitted in a BA zone. facilities, and athletic fields, convents, seminaries, and
(Ord. 1601, Exh. A (part), 1992) similar uses customarily associated with churches, including
19.64.040 Permitted Uses in a BQ Zone. parking C. Child care facility, residential care facilities,
and landscaping areas;
Building and other uses on land owned or utilized by congregate residence, hospitals, vocational and specialized
the following types of organizations, for the purposes schools;
enumerated herein, are permitted in a BQ zone: D. Lodges, clubs, country clubs, including accessory
A. Rotating homeless shelter provided that the uses such as swimming pools, picnic areas, golf courses,
following conditions are met: driving tees or ranges, miniature golf courses (all uses to be
1. Shelter is located within an existing church restricted to members of the above organizations and their
structure;
guests);
2. The number of occupants does not exceed twenty- E
five; Y E. Large family daycare home;
F. 3. The hours of operation do not exceed six p.m. to Chapter 19.1081 d. 178 cation facilities as described in
seven a.m.; , (part), 1998; Ord. 1688, § 3
(part), 1995; Ord. 1601, Exh. A (part), 1992)
2010 S -25
81
19.64.060 Cupertino - Zoning 82
19.64.060 Conditional Uses in a T Zone. Commission may establish minimum setbacks with respect
The following uses are conditionally allowed in the to each individual application for a planned development
transportation (T) zoning district, subject to issuance of a permit or a conditional use permit in order to provide
conditional use permit issued by the Planning Commission: adequate light, air and visibility at intersections, and to
A. Airports, airfields and helicopter terminals, provide general conformity with adjacent and nearby zones
including administration and service buildings, maintenance and lots, or to promote the general excellence of the
and storage yards; development;
B. Railroads, including terminals and stations, 2. Adequate screening to limit noise, to reduce glare
freight yards, marshaling yards, storage yards, of lights, and to prevent obnoxious omissions shall be
administrative and service buildings; provided when deemed appropriate by the Planning
C. Bus terminals and stations, including Commission. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A
administration and service buildings, maintenance and (part), 1992)
storage yards;
D. Freeways, expressways, and other roads with
limited or controlled access, including administrative
buildings and maintenance yards. (Ord. 1601, Exh. A
(part), 1992)
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 m order to evaluate the
effects of the proposed facilities on the surrounding areas.
(Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
19.64.080 Architectural and Site Review.
Prior to the issuance of any conditional use permit in
a BA, BQ, or T zoning district, the proposed use shall be
reviewed pursuant to Section 19.64.070 of this chapter and
Chapter 19.134. Under the provisions of Chapters 2.32,
2.90 and 19.134, the Design Review Committee shall
approve, conditionally approve or deny requests for
modifications to landscaping, lighting and the building from
the approved development plan. (Ord. 1844, § 1 (part),
2000; Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part),
1992)
19.64.090 Site Development Regulations.
A. Maximum Height of Buildings and Structures.
The height of buildings in BA, BQ and T zone districts is
regulated by the development plan.
B. Setbacks and Screening.
1. There are no minimum setbacks in BA, BQ or T
zoning districts; provided, however, that the Planning
2010 S -25
99 Beverage Container Redemption and Recycling Centers 19.82.050
19.82.050 Permits for Multiple Sites. B. Small Collection Facilities. Small collection
A single applicant may process an application to allow facilities shall comply with the following conditions:
more than one reverse vending machine installation or small 1. Shall be established in conjunction with an
collection facility located on different sites under the existing commercial, office, industrial or community service
following conditions: facility which is in compliance with the zoning, building and
A. The operator of each of the proposed facilities is fire codes of the City;
the same; 2. Shall be no larger than five hundred square feet,
B. The proposed facilities are determined by the and occupy no more than five parking spaces not including
Director of Community Development to be similar in nature, space that will be periodically needed for removal of
size and intensity of activity; and materials or exchange of containers;
C. All of the applicable criteria and standards set 3. Shall be set back at least ten feet from any street
forth in Section 19.82.060 of this chapter are met for each line and shall not obstruct pedestrian or vehicular
such proposed facility. (Ord. 1682, (part), 1995) circulation. The collection facility shall be sited in a manner
which balances the need to provide visual accessibility to the
19.82.060 Criteria and Standards. recycling center versus the objective to maintain an
The criteria and standards for recycling facilities are as attractive streetscape for the community;
follows: 4. Shall accept only glass bottles, metals, plastic
A. Reverse Vending Machines. Reverse vending containers, papers and reusable items. Used motor oil may
machines located within a commercial structure do not be accepted with permission of the central fire district, or
require discretionary permits. Reverse vending machines other agency which administers the City's hazardous
located outside of a structure shall be regulated by the material ordinances. Used motor oil can only be accepted
following standards: at an attended site having containers approved by the
1. Shall be established in conjunction with a administrator of the City's hazardous materials ordinance;
commercial use which is in compliance with the zoning, 5. Shall use no power- driven processing equipment
building and fire codes of the City; except for bulk reverse vending machines;
2. Shall be located within a reasonable proximity to 6. Shall use containers that are constructed and
the entrance to the commercial structure and shall not maintained with durable waterproof and rustproof material,
obstruct pedestrian or vehicular circulation; covered when site is not attended, secure from unauthorized
3. Shall not occupy parking spaces required by the entry or removal of material and shall be of a capacity
primary use and shall be placed on the apron of the host sufficient to accommodate materials collected and collection
facility when possible; schedule;
4. Shall occupy no more than fifty square feet of 7. Shall store all recyclable material in containers or
floor space per installation, including any protective in the mobile center vehicle and shall not leave materials
enclosure, and shall be not more than eight feet in height; outside of containers when attendant is not present;
5. Shall be constructed and maintained with durable 8. Shall be maintained free of litter and any other
waterproof and rustproof material; undesirable materials, and mobile facilities, at which truck
6. Shall be clearly marked to identify the type of or containers are removed at the end of each collection day,
material to be deposited, operating instructions, and the shall be swept at the end of each collection day;
identity and phone number of the operator or responsible 9. Shall comply with the City's noise ordinance;
person to call if the machine is inoperative; 10. Attended facilities located with one hundred feet
7. Shall have a sign area of a maximum of four of a property zoned or occupied for residential use shall
square feet per machine, exclusive of operating instructions; operated only during the hours between 9:00 a.m. and 6:00
8. Shall be maintained in a litter -free, dust free p.m.;
condition on a daily basis; 11. Containers for the twenty- four -hour donation of
9. Operating hours shall be at least the operating material shall be at least one hundred feet from any property
hours of the host use; zoned or occupied for residential uses unless there is
10. Shall be illuminated to ensure comfortable and acoustical shielding between the containers and the
safe operation if operating hours are between dusk and residential use;
dawn; 12. Sanitation control and practices shall be installed
11. Shall comply with City's noise ordinance; and used to maintain each site in a manner free of rodents,
12. Sanitation control and practices shall be installed insects and other vectors;
and used to maintain each site in a manner free of rodents,
insects and other vectors.
2010 S -25
•
19.82.060 Cupertino - Zoning 100
13. Containers shall be clearly marked to identify the of rodents, insects, and other vectors.
type of material which may be deposited; the facility shall be C. Large Collection Facilities. A large collection
clearly marked to identify the name and telephone number facility is one that is larger than five hundred square feet, or
of the facility operator and the hours of operation and is on a separate property not appurtenant to a host use, and
display a notice stating that no material shall be left outside which may have a permanent building.
the recycling enclosure or containers; 1. Facility does not abut a property zoned or
14. Signs may be provided as follows: occupied for residential use;
a. Recycling centers may have identification signs 2. Facility will be screened from the public right -of-
with a maximum of twenty percent per side or sixteen way by operating in an enclosed building or:
square feet, whichever is smaller, in addition to a. Within an area enclosed by an opaque fence at
informational signs as provided in Section 17.32.120 of this least six feet in height with landscaping,
code, b. At least one hundred fifty feet from property zone
b. Signs must be consistent with the character of the or occupied for residential use, and
location, c. Meets all noise standards;
c. Directional signs, bearing no advertising 3. Setbacks and landscape requirements shall be
message, may be installed with the approval of the Director those provided for the zoning district in which the facility is
of Community Development if necessary to facilitate traffic located;
circulation, or if the facility is not visible from the public 4. All exterior storage of material shall be in sturdy,
right -of -way, nonflammable containers which are covered, secure, and
d. The Director of Community Development may maintained in good condition. Baled or pelletized material
authorize increases in the number and size of signs upon may also be stored. Oil storage must be in containers
findings that it is compatible with adjacent businesses; approved by the Fire Marshall. No storage will be visible
15. The facility shall not impair the landscaping above the height of the fencing;
required for a concurrent use by this title or any permit 5. Site shall be maintained free of litter and any
issued pursuant thereto; other undesirable materials, and will be cleaned of loose
16. No additional parking spaces will be required for debris on a daily basis;
customers of a small collection facility located at the 6. Space will be provided on site for six vehicles or
established parking lot of host use. One space will be the anticipated peak customer load, whichever is higher, to
provided for the attendant, if needed; circulate and to deposit recyclable materials;
17. Mobile recycling centers shall have an area 7. One parking space will be provided for each
clearly marked to prohibit other vehicular parking during commercial vehicle operated by the recycling center.
hours when mobile center is scheduled to be present; Parking requirements will be as provided for in the zone,
18. Occupation of parking spaces by the facility and except that parking requirements for employees may be
by the attendant may not reduce available parking spaces reduced when it can be shown that parking spaces are not
below the minimum number required for the primary host necessary, such as when employees are transported in
use unless all the following conditions exist: company vehicle to a work facility;
a. The facility is located in a convenience zone or 8. Shall comply with the City's noise ordinance;
potential convenience zone as designated by the California 9. If the facility is located within five hundred feet
Department of Conservation, of property zoned or occupied for residential use, it shall not
b. A parking study shows that existing parking be in operation between 7:00 p.m. and 7:00 a.m.;
capacity is not already fully utilized during the time the 10. Any containers provided for after -hours donation
recycling facility will be on the site, of recyclable materials will be at least fifty feet from any
c. The permit will be reconsidered at the end of property zoned or occupied for residential use, shall be of
eighteen months; sturdy, rustproof construction, shall have sufficient capacity
19. If the permit expires without renewal, the to accommodate materials collected and shall be secure from
collection facility shall be removed from the site on the day unauthorized entry or removal of materials. Containers
following permit expiration; shall be at least ten feet from any building;
20. With the exception of enclosed mobile recycling 11. Donation areas will be kept free of litter and any
vehicles, small collection facilities shall be screened, via other undesirable material and the containers will be clearly
fencing and /or landscaping, from public streets. The marked to identify the type of material that may be
screening height, density, and location shall be designed to deposited; facility shall display a notice stating that no
minimize the view of the mobile unit and potential sorting material shall be left outside the recycling containers;
areas from public streets and other public spaces; 12. Facility will be clearly marked with the name and
21. Sanitation control and practices shall be installed phone number of the facility operator and the hours of
and used to maintain each site in a manner free
101 Beverage Container Redemption and Recycling Centers
19.82.060
operation; identification and informational signs will meet
the standards of the zone; and directional si 8 • Site shall be maintained free of litter and any
advertising message, may be installed with the , a � o f other undesirable materials, and will be cleaned of loose
PP debris on a daily basis and will be secured from
the Director of Community Development if necessary to
facilitate traffic circulation, or if the facility is not visible authorized entry and removal of materials when attendants
from the public right -of -way; are not present;
13. Priven processing, including aluminum foil 9. Space shall be provided on site for the anticipated
and can . Pwer Power
compacting, driven p peak load of customers to circulate, park and deposit
baling, plastic shredding, or other light recyclable materials. If facility is open to the public, space
processing activities necessary for efficient temporary will provided for a minimum of ten customers;
storage and shipment of material may be approved through 10. One parking space will be provided for each
a use permit process or at the discretion of the Director of commercial vehicle operated by the processing center.
Community Development if noise and other conditions are Parking requirements will otherwise be as mandated by the
met;
14. Sanitation control and practices shall be installed zone in which the facility is located;
and used to maintain each site in a manner free of rodents, 11. Shall comply with the City's noise ordinance;
insects and other vectors. 12. If the facility is located within 500 feet of
D. property zoned or occupied for residential use, it shall not
Processing Facilities. A processor will meet the be in operation between 7:00 p.m. and 7:00 a.m. Facility
following conditions:
1. Facility does not abut a property zoned for will be administered by on -site personnel during the hours
residential use; the center is open;
2. Processor will operate in a wholly enclosed 13. Any containers provided for after -hours donation
cept building ex
Proc for rnci will operate era i or: Y of recyclable materials will be at least one hundred feet from
an opaque any property zoned or occupied for residential use, shall be
a. Within an area enclosed on all sides by
fence or wall not less than eight feet in height and capacity to accommodate materials collected have sufficient
and shall be , shall
landscaped on all street frontages,
b. Located at least one hundred fifty feet from a secure from unauthorized entry or removal of materials.
zone; Containers shall be at least ten feet from any building;
3. Power- driven processing shall be permitted, other undesi able material. The be kept free f containers shalltbe and
provided all noise level requirements are met. Light
processing facilities are limited to baling, bri q guettin marked to identify the type of material that may be
pro actin , deposited. Facility shall display a notice stating that no
P g grinding, shredding and sorting of source- material shall be left outside the recycling containers;
separated recyclable materials and repairing of reusable
materials; 15. Sign requirements shall be those provided for the
4. A light processing facility shall be no larger than facility will�be clearly marked the a name l and phone addition,
forty -five thousand square feet and shall have no more than
two outbound truck shipments of material per day and may number of the facility operator and the hours of operation;
not shred, compact or bale ferrous metals other than food 16. No dust, fumes, smoke, vibration or odor above
and beverage containers; ambient level may be detectable on net
5. A processing facility may accept used motor oil 17. Sanitation control and practices shall be installed
for re5ycli A p rom the gen acilit y in y ants a us renter motor and used to maintain each site in a manner free of rodents,
twenty gallons per shipment and the contents of any 1682
single , and other vectors. (Ord. 2056
container must not exceed five gallons; in accordance 1682 (part), 1995) 2056, (part), 2010; Ord.
Section 25250.11 of the California Health and Safety Code; 19.82.070
6. Setbacks and landscaping requirements shall be Administrative Procedures.
those provided for the zoning district in which the facility is Community Development shall have the authori to review of
located;
7. All exterior storage of material shall be in sturd and approve applications for reverse vending machines, a
nonflammable con which are covered, secured and grouping of reverse vending machines occupying more than
maintained in good condition. Baled or pelletized material exclusively an enclosed vehicle. ehrecycling center which uses
may also be stored. Oil storage must be in containers
approved by the Fire Marshall. No storage will be visible Director c wh chldefines fees specified
other filing y the
above the height of the fence;
requirements. The form shall be signed by the property
owner and the applicant.
2010 S -25
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19.82.070 Cupertino - Zoning 102
An applicant may file an appeal, within five working
days from date of the Director's disapproval, to be heard by
the City's Planning Commission. The commission shall
consider the matter within one month from date of the
disapproval.
B. Planning Commission. The Planning Commission
shall have the authority to review and approve applications
for bulk vending machines, kiosk units, unattended
containers, and other small collection facilities other than
reverse vending machines, groupings of reverse vending
machines and mobile recycling centers using exclusively
enclosed vehicles referred to in Section 19.82.070A.
An application shall be made on a form specifying
type, number of exhibits and filing fees by the Department
of Community Development and shall be signed by the
property owner and applicant. The application shall contain
information regarding the size, location, signage,
illumination, and other information to enable the commission
to evaluate the application pursuant to the standards
contained in this ordinance. (Ord. 1682, (part), 1995)
2010 S -25
19.100.010
CHAPTER 19.100: PARKING REGULATIONS
Section
19.100.010 Purpose. a. A maximum of four vehicles are permitted on a
19.100.020 Application of regulations. lot in residential zone requiring a lot size of ten thousand
19.100.030 Regulations for parking and keeping square feet or less, a maximum of six vehicles are permitted
vehicles in various zones. in all other residential zones, unless a greater number is
19.100.040 Regulations for off - street parking. approved by the City in conjunction with a development
19.100.050 Parking lot lighting. plan. For purposes of counting vehicles, a camper mounted
19.100.060 Exceptions. on a pickup truck is considered one vehicle and other
similarly vertically stacked components which belong
together shall be counted as a single vehicle. Horizontal
19.100.010 Purpose. groupings shall be counted as two vehicles;
The purpose of this chapter is to regulate the parking b. Any open vehicle containing trash or debris is
of vehicles which are unsightly, oversized, or which are prohibited;
detrimental to property values or the peace and enjoyment of c. No portion of any vehicle may overhang any
neighboring property owners or residents and establish public right -of -way;
regulations pertaining to the design and number of off - street d. All vehicles must be parked on an impervious or
parking spaces for land use activities located in various semi - pervious surface. Semi - pervious surfaces include unit
zoning districts. (Ord. 1940, (part), 2004; Ord. 1737, pavers, turf block, brick, natural stone or cobbles and must
(part), 1996; Ord. 1601, Exh. A (part), 1992) allow for partial infiltration of water. Impervious surfaces
include concrete, asphalt or any other surfaces that do not
19.100.020 Application of Regulations. allow infiltration of water. Impervious surfaces may not
A. No vehicle may be parked, stored or kept on any exceed forty percent of the front yard area. Notwithstanding
parcel of land within the City of Cupertino otherwise than in the above, impervious surfaces may not exceed fifty percent
conformance with the provisions of this chapter. of the front yard area on a lot less sixty feet in width;
B. Buildings, structures and land uses are required e. All vehicles must be currently registered, where
to provide off - street parking in conformance with this registration is required for legal operation and in good
chapter. The standards and regulations contained in this operating condition;
chapter regulate off - street parking for conventional zoning f. Residential driveways connecting to a detached
districts and are intended also as guidelines for development garage or carport in the rear yard shall have a minimum
projects located in planned development (P) zones and at width of ten (10) feet on lots less or equal to one hundred
congregate residences and residential care facilities. (Ord. fifty feet in length. Lots that are more than one hundred fifty
1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1688, § feet in length shall have a minimum driveway width of
3 (part), 1995; Ord. 1601, Exh. A (part), 1992) twelve (12) feet connecting to a detached garage or carport
in the rear yard.
19.100.030 Regulations for Parking and Keeping g. In a new residential development, driveways shall
Vehicles in Various Zones. have a minimum clearance of two (2) feet from a building
A. Vehicles Permitted in Residential Zones. wall, fence, or property line;
1. Front or Street Side Setback Area. Vehicles are h. Except on lots with circular driveways which
permitted to be placed, kept or parked in a front or street conform to the provisions of this code, all vehicles parked
side yard setback area (as defined in Chapter 19.08.030 of in the front or street side yard setback area must be parked
this title) or within twelve feet of a public right -of -way in a perpendicular to the street. On lots with circular driveways
rear yard area in all residential zones subject to the which conform to the provisions of this code, all vehicles
following restrictions: parked in the front or street side yard setback area are
limited to less than twenty feet in length, unless parked
2004 S-2 115
19.100.030 Cupertino - Zoning 116
perpendicular to the street. Owners of vehicles made B. Vehicles Permitted in Nonresidential Zones.
nonconforming by the adoption of this section shall comply 1. Parking must be consistent with allowed uses in
with this provision within two years of its enactment; the zone. It is unlawful for any person to place, keep or
i. Any commercial vehicle with a manufacturer's maintain or permit to be placed, kept or maintained, any
gross vehicle weight rating of ten thousand pounds or more, vehicle upon any lot, place or parcel of land within the
or a total combination of motor truck, truck tractor and /or nonresidential zones of the City, except for storage, sale or
trailers that exceeds sixty feet in length is not permitted. business use as permitted in such zones.
2. Area Outside of Front or Street Side Setback 2. Construction Trailers. Trailers may be used for
Areas. Vehicles are permitted to be placed, kept, or parked temporary offices on construction sites provided that a
in any yard area, excluding those yard areas regulated by permit is obtained from the City Building Department after
paragraph (1) of subsection (A) of this section, provided a satisfactory information has been given that the use is in
three -foot minimum clearance is maintained to any compliance with the conditions of this chapter.
structure. C. Loading and Unloading and Utility Vehicles. The
3. Parking Within Structures. Vehicles are provisions of this chapter are inapplicable to active loading
permitted to be placed, kept or parked in any legal structure, or unloading of any vehicle or to any public service or utility
provided that no more than one required enclosed parking company vehicles while in the performance of service or
space isoccupied by a vehicle not capable of being propelled maintenance work.
under its own power. D. Parking on Vacant Lots. No vehicle may be
4. Enclosed garage shall consist an internal area parked, kept, or stored upon any vacant or unimproved
encompassing two parking spaces measuring ten feet by parcel within the City.
twenty feet each (a total of 20 feet by 20 feet) and shall E. Other parking regulations shall be as outlined in
provide unobstructed (i.e., by walls, appliances, etc.) Title 11 of the Municipal Code. (Ord. 1940, (part), 2004;
between six inches from finished floor up to six feet from Ord. 1737, (part), 1996; Ord. 1650, (part), 1994; Ord.
fmished floor. Tandem parking arrangements may be 1601, Exh. A (part), 1992)
approved via a Parking Exception approvable by the Design
Review Committee. 19.100.040 Regulations for Off - Street Parking.
5. Nonconforming single - family dwelling garages A. Parking Ratio and Dimension. Table
legally constructed according to the parking regulations at 19.100.040 -A defines the minimum and maximum required
the time of construction may continue its nonconformity number of parking spaces by size and type for specific
provided that the square footage necessary to legalize the zoning districts and use within zoning districts.
garage based on this section of the ordinance be reserved B. Aisle Dimensions. Aisle dimension shall be as
from the allowable floor area ratio for a future garage required by standard details adopted by the City Engineer
upgrade. and shown in Table 19.100.040 -B.
6. Non -Self- Propelled Vehicles. A maximum of two C. Loading Areas. Loading areas, track parking
vehicles not capable of being propelled under their own spaces, and parking spaces for vehicles other than
power are permitted to be placed, kept or parked outside a automobiles shall have ample dimensions for the particular
legal structure on a lot. use and type of operation, and be designed or required by
7. Living or Sleeping Quarters. No vehicle shall be the City Engineer.
used for living or sleeping quarters, except as permitted D. Planned Development Districts. The parking
below: requirement contained in Table 19.100.040 -A functions as
a. Vehicles located in a mobilehome park and used guidelines for projects in planned development zoning
consistent with any City regulations applicable to districts.
mobilehome parks are permitted; E. Mixed -Use and Shared Parking. The minimum
b. Trailers, campers or recreational vehicles may be parking requirement for developments with more than one
used by a bona fide guest of a City resident for a period not land use, or parking facilities being used by one or more
to exceed seventy -two hours where the trailer, camper or properties, shall be determined using Table 19.100.040 -C.
recreational vehicle is located on the resident's property.
8. Mobilehomes. Mobilehomes, excluding travel
trailers, are not permitted within the residential zones of the
City, except in a mobilehome park or as provided by State
law.
2010 S -25
117 Parking Regulations 19.100.040
F. Alternative parking standards. For all projects not Size of Parking Minimum Required Interior
meeting parking requirements in Table 19.100.040.A, B or Facility (Sq. Ft.) Landscaping (% of Total
C, the Planning Commission or Council may approve Parking Facility Area)
alternative parking standards per Section 19.100.060C.
G. Tandem, Valet and Other Special Parking Under 14,999 5%
Arrangements. Tandem, valet, and other special forms of 15,000- 29,000 7.5%
parking may be approved per Section 19.100.060C. 30,000 plus 10%
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 2. Parking lot trees shall be planted or exist at a rate
intended for nonresidential uses is eight and one -half (8.5) of one tree for every five (5) parking stalls for every ten
feet by eighteen (18) feet. The space width shall be spaces in a single row. Only fifty percent of the trees
increased by one -half (1/2) of a foot to nine (9) feet if located along the perimeter of the parking area may count
adjacent on one side to a wall or structure; and by one (1) towards the required number of trees. A parking facility
foot to nine and one -half (9.5) feet if adjacent on both side with larger trees with high canopies may be allowed to
to a wall or structure. increase the number of parking stalls (up to 10 parking stalls
I. Handicapped Parking. The handicapped parking per tree) depending on the size of the tree and canopy size.
requirement embodied in Section 1129 B of the California 3. Landscaped planter strip shall be at least three (3)
Building Code, as amended, is hereby incorporated into this feet wide and the length of a parking space.
chapter by reference. 4. The placement of trees shall be offset between
J. Other regulations shall be as outlined in Title 11 stalls to prevent vehicles from bumping into them. The
of the Municipal Code. Planning Department shall review and approve final tree
K. Residential Lots Fronting on Public or Private locations.
Streets. If no on- street parking is available, two additional 5. Whenever a parking lot is adjacent to a street, a
off - street spaces are required. landscaped buffer at least ten (10) feet wide is required.
L. Farm Equipment. For tractors or farm equipment Where the parking lot is adjacent to a side or rear property
that are regularly parked on -site within two hundred feet of line, a landscaped buffer at least five (5) feet wide is
a public street or road, such parking places shall be screened required. Landscape buffer between double loading stalls
from sight of the street. shall be at least four (4) feet wide. The required width of
M. Large Family Day Care Home. A minimum of landscaped buffers is inclusive of curbing or vehicle
one parking space per nonresident employee is required. overhang allowance.
This parking requirement shall be in addition to the 6. All landscape areas shall be enclosed by a six
minimum requirements of the zoning district. The parking inch wide continuous flat curb allowing parking lot run off
space may be on- street, in front of the provider's residence. into landscaping area, infiltration islands or swales.
A minimum of one parking space shall be available for child Landscape planter strips at the end of the parking aisles
drop -off. The space shall provide direct access to the unit, adjacent to a driveway shall be enclosed by a six-inch raised
not crossing a street. concreted curb with drainage outlets to help delineate the
driveways or aisles. Concrete wheel stops shall be placed on
If the provider is relying on on street parking and the
roadway prohibits on street parking, a semi - circular top of the flat curb and shall be provided at a rate of one per
driveway may be provided, subject to other provisions of the two stalls. The parking stall length may be decreased by up
Municipal Code. to two feet provide an equivalent vehicle overhang into
N. Landscape Requirements. All new centers and landscaped areas.
centers with a twenty -five percent or greater increase in 7. Curbed planter strips shall be provided at the end
floor area or a twenty -five percent or greater change in floor of each parking aisle. Landscape planter strip shall be at
area resulting from use permit or architectural and site least three (3) feet wide and the length of a parking stall.
approval within twelve months shall be required to meet the 8. Where appropriate, provision shall be made to
following minimum landscape requirements; however, the ensure that adequate pedestrian paths are provided
Planning Commission and /or City Council may recommend throughout the parking lot /landscaped areas.
additional landscaping. 9. Trees require to meet any section of this title shall
1. Each unenclosed parking facility shall provide a be a minimum of fifteen (15) gallon size.
minimum of interior landscaping in accordance with the 10. All trees shall be protected by wheel stops,
following table: curbing, bollards or other similar barriers as appropriate.
2010 S -25
19.100.040 Cupertino - Zoning 118
11. All landscape shall be continuously maintained. locks and padlocks. Class II facilities must be within
0. Swales and Permeable Surfaces. In order to constant visual range of persons within the adjacent building
reduce urban runoff and provide water quality benefits in or located at street floor level.
parking lots, all new parking lots or any substantial 3. Class III Facilities. Intended for short -term
alterations to existing parking lots shall incorporate the parking. A stationary object to which the user may lock the
following design measures to the maximum extent possible: frame and both wheels with a user provided cable or chain
a. Bio- swales in the require landscaping buffers. and lock.
b. Permeable or semi - pervious stalls. Spacing of the bicycle units shall be figured on a
1. Longitudinal slope of the swale shall be between handlebar width of three feet, distance from bottom of wheel
1 % and 5 %. All swales shall be required to provide an to top of handlebar of three feet and six inches and a
adequate underdrain system to prevent ponding. maximum wheel -to -wheel distance of six feet.
2. Swales of greater than 3 % may be required to Q. Parking Space Dimension Chart. Parking space
install check dams to reduce velocity through swale. dimensions shall be as shown in the following table:
3. Swales shall be designed to eliminate any ponding
of water for more than 48 hours. Side slope shall not exceed
3:1 (horizontal:vertical).
P. Bicycle Parking. Bicycle parking shall be
provided in multi - family residential developments and in
commercial districts. In commercial districts, bicycle
parking shall be conveniently located and adjacent to on -site
bicycle circulation pedestrian routes. The bicycle parking
facilities shall be one of the following three classification
types:
1. Class I Facilities. These facilities are intended
for long -term parking and are intended to protect the entire
bicycle or its individual components and accessories from
theft. The facility also protects the cycle from inclement
weather, including wind driven rain. The three design
alternatives for Class I facilities are as follows:
a. Bicycle Locker. A fully enclosed space
accessible only by the owner or operator of the bicycle.
Bicycle lockers must be fitted with key locking mechanisms.
b. Restricted Access. Class III bicycle parking
facilities located within a locked room or locked enclosure
accessible only to the owners and operators of the bicycle.
The maximum capacity of each restricted room shall be ten
bicycles. In multiple family residential developments, a
common locked garage area with Class II parking facilities
shall be deemed restricted access provided the garage is
accessible only to the residents of the units for whom the
garage is provided.
c. Enclosed Cages. A fully enclosed chain link
enclosure for individual bicycles, where contents are visible
from the outside, which can be locked by a user provided
lock. This facility may only be used for multiple family
residential uses.
2. Class II Facilities. Intended for short term
parking. A stationary object which the user can lock the
frame and both wheels with a user provided lock. The
facility shall be designed so that the lock is protected from
physical assault. A Class II facility must accept U- shaped
2010 S -25
121 Parking Regulations 19.100.040
Table 19.100.40 -B (Cont'd)
Type of Angle (In Stall Width Aisle Aisle Car Space
Parking Degrees) Width Width Depth
Stall (One -Way (Two -Way
Aisle) Aisle)
(A) (B) (B) (C)
Uni -Size 0° 8.5 10.0 18.0 22.0
30° 8.5 10.0 18.0 18.0
35° 8.5 10.0 18.0 18.0
40 8.5 10.0 18.0 18.0
45° 8.5 10.0 18.0 18.0
50° 8.5 10.0 18.0 18.0
55° 8.5 11.5 18.5 18.0
60° 8 . 5 13.0 19.0 18.0
65° 8.5 14.5 19.5 18.0
70° 8.5 16.0 20.0 18.0
90° 8 . 5 N/A 22.0 18.0
NOTES TO TABLE:
* - For handicap accessible spaces, please refer to § 1118A.4 of 1994 Uniform Building Code.
* - For further information, please refer to thy: Public Works Department Standard Detail Sheets.
Table 19.100.040 -C
CALCULATING SHARED PARKING FOR MIXED -USE DEVELOPMENTS
WEEKDAY WEEKEND NIGHTIME
Land Use Daytime Evening Daytime Evening (midnight - 6 a.m.)
(9 a.m. - 4 p.m.) (6 p.m. - midnight) (9 a.m. - 4 p.m.) (6 p.m. - midnight)
Residential 75% 100% 80% 100% 100%
Office /Industrial 100% 10% 10% 5% 5%
Retail 60 90 100 70 5
Hotel 75 100 75 100 75
Restaurant 100 100 100 100 10
Entertainment/ 40 100 80 100 10
Recreational
Instructions:
1. Determine the minimum amount of parking required for each land use as though it were a separate use;
2. Multiply each amount by the corresponding percentage for each of the five time periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the parking space requirement.
(Ord. 2056, (part), 2010; Ord. 1940, (part), 2004; Ord. 1737 (part), 1996; Ord. 1657, (part), 1994; Ord. 1637, (part), 1993;
Ord. 1601, Exh. A (part), 1992)
19.100.050 Parking Lot Lighting. B. The light fixtures shall be oriented and designed
New lighting fixtures for any new site construction to preclude any light and direct glare to adjacent residential
shall meet the following requirements: properties. No direct off -site glare from a light source shall
A. All exterior lighting shall be a white type light be visible above three feet at a public right -of -way.
either metal halide or a comparable color corrected light C. Parking lots, sidewalks and other areas accessible
unless otherwise approved as part of a development plan for to pedestrians and automobiles shall be illuminated with a
uniformity, not allowing any dark areas in the parking lot. uniform and adequate intensity. Typical standards to achieve
uniform and adequate intensity are:
2010 S -25
§ 19.100.050 Cupertino - Zoning 122
1. The average horizontal maintained illumination C. Issued by the Planning Commission. Requests for
should be between one and three foot - candles; and parking exceptions not subject to Section 19.100.050(A) and
2. The average maximum to minimum ratio should (B) may be granted by the Planning Commission at a public
be generally between six and ten to one. hearing subject to Section 19.120.060.
3. A minimum of 3 -foot candles vertically above the 1. The following findings must be made to grant the
parking lot surface shall be maintained. exception:
D. Critical areas such as stairways, ramps and main a. The literal enforcement of this chapter will result
walkways may have a higher illumination. in restrictions inconsistent with the spirit and intent of this
E. Lighting around automatic teller machines shall chapter.
meet minimum standards required by the State Business and b. The granting of the exception will not be injurious
Professions Code. to property or improvements in the area nor be detrimental
F. Shatter resistant lenses should be placed over the to the public safety, health and welfare.
light to deter vandalism. c. The exception to be granted is one that will
G. Underground lighting should utilize vandal- require the least modification and the minimum variance to
resistant fixtures and maintain a minimum five lux level of accomplish the purpose.
color- corrected lighting for maximum efficiency. d. The proposed exception will not result in
H. Portal lighting should be provided inside all significant impacts to neighboring properties.
parking garages entrances. (Ord. 1940, (part), 2004) 2. Projects proposing Alternative Parking Standards
shall meet the following conditions in addition to
19.100.060 Exceptions. 19.100.060C(1)a -d:
Exceptions to this chapter may be granted as provided a. The applicant submits a detailed parking study
in this section. which demonstrates that the proposed use is compatible with
A. Issued by the Director of Community the proposed parking supply. Adjacent on- street parking
Development. With respect to a request for substandard may be included in the parking supply.
sized parking spaces in an enclosed garage in the R -1 Single- b. The project is owned or managed by a single
Family Zoning District, the Community Development entity.
Director may grant an exception if the request meets all of c. If adjacent properties are used to share parking,
the following criteria: they are in close proximity to each other, and reciprocal
1. The exception to be granted is one that will parking and access easements and maintenance agreements
require the least modification and the minimum variance to are recorded on the applicable properties to run with the
accomplish the purpose. land. (Ord. 2056, (part), 2010; Ord. 1940, (part), 2004)
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.
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 to
accomplish the purpose.
4. The proposed exception will not result in
significant impacts to neighboring properties.
2010 S -25
129 Wireless Communications Facilities 19.108.070
I. Opportunities for collocation of aerials on use permit approved by the Planning Commission is
existing masts and towers where visual intrusiveness is required.
reduced; 4. Public Noticing: In addition to the public hearing
J. Design of the building or enclosure, which houses noticing prescribed by the planning permit regulations, the
the related base equipment and its compatibility with the City shall extend mailed written notice of such hearing to
adjoining building architecture; each owner of record of real property within one thousand
K. Opportunities to develop context - appropriate, feet of the exterior boundary of the property for which
artistically enhanced aerial designs; entitlement is sought as such owner of record is shown in the
L. Screening of highly visible rooftop - mounted last tax assessment roll pursuant to Section 65091 of the
aerials; and California Government Code. The Director of Community
M. Balancing of aesthetic concerns with the need to Development may extend mailed written notice beyond one
provide a functional communications system. thousand feet, if in his judgment, the application for permit
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) may have negative effects on a larger area.
For aerials approved in accordance with Chapter
19.108.080 Application Requirements. 19.132, the Director of Community Development shall
In addition to the standard application requirements, provide mailed written notice of his decision, within five
the applicant may be required to provide the following calendar days from the date of the decision, to each owner
materials: of record of real property within one thousand feet of the
A. If more than one aerial is planned in the City exterior boundary of the property for which entitlement is
within a year by a single communication service provider, sought as such owner of record is shown in the last tax
a master plan shall be prepared of all facilities that can be assessment roll pursuant to Section 65091 of the California
reasonably foreseen, showing the proposed aerial sites and Government Code.
existing commercial, office, industrial and public utility 5. Abandonment: All City approvals for new aerials
aerial locations within a one mile radius of the proposed and modifications of existing aerial approvals shall be
sites. The purpose of this requirement is to identify conditioned to require the removal of the aerial, its
opportunities for clustering, dispersal and collocation of associated facilities and restoration of the land to its former
aerials to reduce visual intrusiveness; condition if the aerial is not used for its permitted purpose
B. Erection of a mock aerial, computer simulation for a period of eighteen months. The property owner or
or sight -line elevations for all aerials to help assess the applicant shall bear the entire cost of demolition and land
visual effects; restoration.
C. Documentation that the technology and usage of 6. All commercial, office, industrial, and public
that technology meets Federal Communications Commission utility aerial mast and tower approvals shall be conditioned
adopted safety standards. (Ord. 2038 (part), 2009; Ord. to allow the collocation of aerials and related facilities of
1736, (part), 1996) other commercial, office, industrial, and public utility users
where appropriate and feasible.
19.108.090 Permitting. 7. The Planning Commission, in its review of aerial
A. For all zoning districts, aerials that exceed applications, shall seek the technical consultation of the
maximum height limits require a height exception except as designated member or members of the Technology,
otherwise provided in Section 19.108.060. Information and Communications Commission.
B. For zoning districts that require design review, (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
permitting procedures shall be as followed:
1. For aerials that are minimally visible to 19.108.100 Exceptions.
residential properties and public rights -of -way, the Director A. An exception may be granted by the Planning
of Community Development shall process such applications Commission for an aerial height exceeding the maximum
in accordance with Chapter 19.132. limit where practical difficulties, unnecessary hardships, or
2. For building- mounted aerials that are moderately results inconsistent with the purpose and intent of this
visible to residential properties and public rights -of -way, the chapter result from strict application of the chapter
Director of Community Development, in his discretion, may provisions.
refer an application to the Planning Commission for design B. A request for exception must be submitted on a
review and approval in accordance with Chapter 19.132. form as prescribed by the Director of Community
3. For detached aerials that are moderately to highly Development. The application shall be accompanied by a
visible to residential properties and public rights -of -way, a fee prescribed by City Council resolution. Upon receipt of
2009 S -20
•
19.108.100 Cupertino - Zoning 130
an exception application, a time and place for a public
hearing before the Planning Commission shall be set. A
Notice of Public Hearing for an exception under this chapter
shall be given in the same manner as provided in Section
19.120.060 and Section 19.108.090(B)(4). The Planning
Commission shall hold a public hearing at which time the
Planning Commission may grant the exception based upon
all of the following findings:
1. That the literal enforcement of the provisions of
this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter;
2. That granting of an exception will not result in a
condition that will be detrimental or injurious to property or
improvements in the vicinity and will not be materially
detrimental to the public health, safety or welfare;
3. That the exception to be granted will not result in
a hazardous condition for pedestrian and vehicular traffic.
C. After closing the public hearing, the Planning
Commission may approve, conditionally approve or deny
the application for exception. The Commission's decision
on the exception request may be appealed to the City
Council as provided for in Chapter 19.136.
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
2010 S -25 Repl.
137 Development Agreements 19.116.080
development project which are proposed to be fixed under 19.116.100 Contents of Development Agreement.
the development agreement, those which may vary and the A. A development agreement shall specify its
standards and criteria pursuant to which the same may be duration, the permitted uses of the property thereunder, the
reviewed; density and /or intensity of use, the maximum height and size
D. An identification of the approvals and permits for of proposed buildings, and provisions for reservation or
the development project enacted to the date of or dedication of land for public purposes. A development
contemplated by the development agreement; agreement may also include conditions, terms, restrictions,
E. The proposed duration of the development and requirements for subsequent discretionary actions;
agreement; provided, that such conditions, terms, restrictions and
F. A program and criteria for periodic review under requirements for subsequent discretionary actions shall not
this chapter; prevent development of the land for the uses and to the
G. Appropriate provisions guaranteeing or securing density or intensity of development set forth in the
performance of the development agreement on the part of development agreement.
the developer; B. A development agreement shall include all
H. Proposed specific standards for periodic review conditions imposed by the City with respect to the
of a development agreement; development project.
I. Proposed specific standards to insure compliance C. All development agreements shall contain an
by the parties to a development agreement; indemnity and insurance clause in form and substance
J. Any other relevant information which may be acceptable to the City Attorney, requiring the developer to
deemed necessary by the Planning Director pursuant to this indemnify the City against claims arising out of the
chapter. (Ord. 1256, (part), 1984) development process; provided, that, such a provision does
not violate applicable law or constitute a joint venture,
19.116.090 Review of Application. partnership or other participation in business affairs of
A. The Planning Director shall endorse on the developer by the City.
application the date it is received. He shall review the D. All development agreements, or any part of such
application and may reject it if it is incomplete or inaccurate development agreements, may be subject to subsequent
for processing. If he fords that the application is complete condemnation proceedings by the City. (Ord. 1256, (part),
he shall accept it for filing. The Planning Director shall 1984)
review the application and determine any additional
requirements necessary to complete the form of development 19.116.110 Public Hearing.
agreement. After receiving the required information, he All development agreements shall be considered at a
shall prepare a staff report and recommendation and shall public hearing before the Planning Commission pursuant to
state whether or not the development agreement as the procedures described in Sections 19.116.170 through
proposed, or in an amended form (specifying the nature of 19.116.210 of this code. (Ord. 1256, (part), 1984)
the amendments), would be consistent with the General Plan
and any applicable specific plan, under the provisions of this 19.116.120 Review — Standard.
chapter. The Planning Commission may recommend use of a
B. The Planning Director shall, as part of his review development agreement as a method of implementing or
of the application, circulate copies of the proposed providing standards and criteria for any approval of the
development agreement to those City departments having Planning Commission or permits or approvals issued or
jurisdiction over the development project to be undertaken made by any other City agency, including:
pursuant to the development agreement for review and A. Rezoning;
comment by such City agencies. The City Attorney shall B. Issuance of a conditional use permit or a planned
also review the proposed development agreement for legal development permit;
sufficiency and shall prepare a proposed ordinance C. Conditions imposed upon approval of a permit
authorizing the City to enter into the development agreement after discretionary review;
for action by the City Council upon hearing thereof as D. Conditions imposed in connection with the
specified by this chapter. The staff report and adoption of any General Plan amendment or specific plan;
recommendation of the Planning Director shall include any E. Conditions imposed in any planned development
appropriate recommendations received by other City district;
agencies and the proposed form of ordinance prepared by F. Site - specific conditions imposed in any other
the City Attorney. (Ord. 1256, (part), 1984) district;
2010 S -25
19.116.120 Cupertino - Zoning 138
G. Approval of and /or conditions imposed upon Council may refer the issue back to the Planning
approval of a subdivision or parcel map or maps; Commission for further hearings and recommendations.
H. The formation of any assessment district, benefit (Ord. 1256, (part), 1984)
district, maintenance district or special benefit district or any
other procedure, for the installation of required or necessary 19.116.160 Consistency with General and Specific
on -site or off -site improvements or infrastructure; and /or Plans.
I. Mitigation measures imposed upon a development Before the City Council may approve the development
project after approval of an environmental impact report in agreement, it must find that its provisions are consistent with
which such mitigation measures have been proposed as a the General Plan and any applicable specific plans of the
mechanism for eliminating or reducing environmental City. If the City Council approves the development
impacts, or the criteria for development of the project agreement in the form recommended by the Planning
without such mitigation measures where specific economic, Commission, without further findings, then it shall be
social or other considerations make such mitigation deemed to have also adopted the fmdings of the Planning
measures infeasible or the benefits of the project outweigh Commission. (Ord. 1256, (part), 1984)
the unavoidable adverse environmental effects.
(Ord. 2056, (part), 2010; Ord. 1256, (part), 1984) 19.116.170 Notice.
The Planning Director shall give all notices of the
19.116.130 Recommendation by Planning City's intention to consider adoption of a development
Commission. agreement and of any other public hearing required by law
After the hearing by the Planning Commission, the or this chapter. (Ord. 1256, (part), 1984)
Planning Commission shall make its recommendation in
writing to the City Council. The recommendation shall 19.116.180 Form and Time of Notice of Intention to
include the Planning Commission's determination whether Consider Adoption of Development
or not the development agreement proposed: Agreement.
A. Is consistent with the objectives, policies, general A. Form of Notice. The form of notice of intention
land uses and programs specified in the General plan and to consider adoption of a development agreement before the
any applicable specific plan; Planning Commission or City Council shall contain:
B. Is compatible with the uses authorized in, and the 1. The time and place of this hearing;
regulations prescribed for, the land use district in which the 2. A general explanation of the matter to be
real property is or will be located; considered including a general description of the area
C. Is in conformity with and will promote public affected;
convenience, general welfare and good land use practice; 3. The location or locations where a copy of the
D. Will be detrimental to the health, safety and proposed development agreement may be had;
general welfare; 4. Other information required by specific provisions
E. Will adversely affect the orderly development of of this chapter or which the Planning Director considers
property or the preservation of property values; and necessary or desirable.
F. Will promote and encourage the development of B. Time and Manner of Notice. The time and
the proposed project by providing a greater degree of manner of giving notice is by:
requisite certainty. (Ord. 1256, (part), 1984) 1. Publication or Posting. Publication at least once
in a newspaper of general circulation, published and
19.116.140 Public Hearing. circulated in the City or if there is none, posting in at least
A development agreement is a legislative act and shall three public places in the City;
be enacted by ordinance only after a public hearing before 2. Mailing. Mailing of the notice to all persons
the City Council. The ordinance shall refer to and shown on the last equalized assessment roll as owning real
incorporate by reference the text of the development property within three hundred feet of the property which is
agreement. (Ord. 1256, (part), 1984) the subject of the proposed development agreement. If the
number of owners to whom notice is to be mailed is greater
19.116.150 Conduct of Hearing. than one thousand, the Planning Director may as an
At the hearing, the City Council shall consider the alternative provide notice in the manner set forth in Section
Planning Commission's recommendation together with any 65854.5 (b) of the Government Code, or applicable
additional public testimony, and may approve, disapprove or successor code provision.
modify any recommendation of the Planning Commission. C. Additional Notice. The Planning Commission or
If public testimony is presented on an issue which was not City Council, as the case may be, may direct that notice of
considered by the Planning Commission, then the City the public hearing to be held before it shall be given in a
2010 S -25
141 Development Agreements 19.116.300
development agreement, as may be necessary to comply 19.116.340 Execution and Recordation of
with such law, code, statute, mandate or decision. (Ord. Development Agreement, Amendment or
1256, (part), 1984) Cancellation.
A. Within ten days after the ordinance approving the
19.116.310 Separate Procedure. development agreement takes effect, the City Council shall
All development agreements entail and consist of a execute the development agreement, and the City Council
separate procedure from other land use planning procedures Clerk shall have the development agreement recorded with
and shall not take the place of the zoning ordinances, the the County Recorder.
General Plan, planned development permits, conditional use B. If the parties to the development agreement or
permits, subdivision approvals, building permits or any their successors in interest amend or cancel the development
other City planning functions. If so specified in the agreement as provided in Government Code Section 65868,
development agreement, it shall constitute an approval and this chapter, or if the City Council terminates or
pursuant to such planning procedures as if separately enacted modifies the development agreement as provided in
under other City planning ordinances. To the extent Government Code Section 65865.1 and this chapter for
practicable, public hearings on a proposed development failure of the developer to comply in good faith with the
agreement shall be held concurrently with the public terms or conditions of the development agreement, the City
hearings on all related land use approvals and all such Council Clerk shall, after such action takes effect, have
approvals shall be made concurrently with the approval of notice of such action recorded with the County Recorder.
the development agreement. (Ord. 2056, (part), 2010; (Ord. 1256, (part), 1984)
Ord. 1256, (part), 1984)
19.116.360 Judicial Review —Time Limitation.
19.116.320 Effect of Development Agreement. Any action or proceeding to attack, review, set, set
When approved, the development agreement and any aside, void or annul, any decision of the City pursuant to
development control maps and all notations, references and this chapter shall not be maintained by any person unless the
regulations which are a part of the development agreement action or proceeding is commenced within ninety days after
shall be part of the development agreement ordinance. the date of decision as provided in Section 1094.6 of the
Development control maps include, but are not limited to, Code of Civil Procedure, State of California. (Ord. 1256,
regulations intended to carry out any plan respecting location (part), 1984)
or type of activities; height, bulk, siding or design of
structures; location or design of open areas; and landscaping
and other comparable regulations. (Ord. 1256, (part), 1984)
19.116.330 Construction.
This chapter and any subsequent development
agreement shall be read together. With respect to any
development agreement enacted under this chapter, any
provision of such a development agreement which is in
conflict with this chapter shall be void. Unless otherwise
provided by the development agreement, the City's rules,
regulations and official policies governing permitted uses of
the land, governing density and governing design,
improvement and construction standards and specifications
applicable to development of the property subject to a
development agreement shall be those City rules, regulations
and official policies in force at the time of the approval of
the development agreement by the City Council; provided,
however, that the developer is subject to all increases in City
imposed fees and charges with respect to subsequent
applications for development and construction within the
property subject to a development agreement. (Ord. 1256,
(part), 1984)
2010 S -25
19.118.010
CHAPTER 19.118: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS
Section
19.118.010 Purpose and intent. B. Painting: all media, including portable and
19.118.020 Applicability of regulations permanently affixed works, such as murals;
19.118.030 Permitted artwork. C. Graphic arts: printmaking, drawing, calligraphy
19.118.040 Ineligible artwork. and photography, but only when on a large public scale;
19.118.050 Application for public artwork. D. Mosaics;
19.118.060 Design criteria and artist E. Functional artwork created by a professional
qualifications. artist, such as benches, tree grates or trash receptacles;
19.118.070 Minimum artwork value. F. Any other form of work of art determined by the
19.118.080 Maintenance requirements. Fine Arts Commission to satisfy the intent of this chapter.
19.118.090 In lieu fee for artwork is (Ord. 2037 (part), 2009)
discouraged.
19.118.040 Ineligible Artwork.
The following shall not be considered eligible to satisfy
19.118.010 Purpose and Intent. the requirements of this chapter:
The purpose of this ordinance is to provide a review A. Reproductions of original works of art, whether
framework for public art in both public and private by mechanical or other means. However, permitted artwork
developments in the City of Cupertino, commensurate with may include limited editions, controlled by the artist, of
the following specific goals, as described in the Cupertino original prints, cast sculpture, photographs, or other art
General Plan: forms;
A. Enhance community character and identity; B. Directional or other functional elements such as
B. Provide attractive public arts to residents and supergraphics, signing, or color coding, except where those
visitors alike; elements are integral parts of original signed artworks;
C. Stimulate opportunities for the arts through C. Art objects which are mass - produced from a
cooperative relations between local business and the City. standard design, such as playground equipment, fountains,
(Ord. 2037 (part), 2009) flags or banners;
D. Landscaping and garden features, except where
these elements are designed by the artist and are an integral
19.118.020 Applicability of Regulations. part of a fine artwork. (Ord. 2037 (part), 2009)
A. Any development of 50,000 sq. ft. or larger
involving construction of new buildings and /or the 19.118.050 Application for Public Artwork.
expansion of existing buildings shall be subject to the A. An application for public artwork may be made
requirements of this chapter. by the property owner of record or his agent.
B. Additional artwork not mentioned in this chapter B. Application shall be made to the Director of
by means of specific plan, development permits or other Community Development on a form provided by the City.
discretionary review may be required when deemed C. Application for public art for a new development
appropriate by the City Council. (Ord. 2056 (part), 2010; shall be made in conjunction with the review of the use
Ord. 2037 (part), 2009) permit and /or architectural and site approval for the entire
project, in order that the design and location be taken into
19.118.030 Permitted Artwork. consideration at the time of architectural and site planning,
Types of art that may be used to satisfy the as outlined in Chapter 19.124 of the Cupertino Municipal
requirements of this chapter include, but are not limited to, Code.
the following: D. The Fine Arts Commission shall review for
A. Sculpture: in- the - round, bas - relief, mobile, approval the public art application and artwork. The
fountain, kinetic, electronic, or other, in any material or decision of the Fine Arts Commission may be appealed in
combination of materials;
2010 S -25 142A
19.118.050 Cupertino - Zoning 142B
accordance with Section 1.16.020 of the Cupertino displayed as public art within the City of Cupertino
Municipal code, or as amended. (Ord. 2037 (part), 2009) boundaries.
G. Because the artwork will necessarily be highly
19.118.060 Design Criteria and Artist Qualifications. visible to the public and be associated with city
It is the intent of this chapter to provide for public art requirements, expressions of obvious bad taste or profanity
on private property without imposing the artistic preferences shall not be approved.
of the City on the owner or the developer of the property. H. Water and /or electronic sculpture may be
Artistic preferences are to be primarily those of the owner permitted if adequate assurance of continued maintenance is
or developer of the property, but the artwork and its provided.
location is subject to approval of the Fine Arts Commission. I. Artwork shall be identified by an appropriate
A permit required pursuant to Section 19.118.050 shall plaque or monument measuring not less than eight inches by
be granted upon a showing by the applicant that the eight inches. The plaque shall be made of a durable,
proposed artwork meets the following criteria: permanent material and shall be placed near the artwork,
A. The artwork is of a nature specified in Section and shall list the date of installation, title and artist, and
19.118.030. medium.
B. The artwork requirement is to be satisfied with J. The artwork shall be a permanent, maintained
one significant piece of artwork, except that the requirement fixed asset of the property, and statements to this fact shall
may be met with several works of art when specifically be attached or recorded to the existing CC &R's or otherwise
found by the Fine Arts Commission to fulfill the intent of recorded on the property deed, to advise subsequent property
this chapter. The artwork shall be an integral part of the owners of their obligations to maintain the artwork.
landscaping and /or architecture of the buildings. K. The proposed artwork shall meet the criteria for
C. The artwork shall be easily visible from the review as set forth in the City of Cupertino Public Art
public street and be located in an area specifically Program Guidelines for Selection of Public Art, as originally
designated on the project site plan. Appropriate locations adopted by the City Council Resolution No. 05 -040, or as
include, but are not limited to, entryways to the property, later amended.
greenbelts, and building exteriors. The artwork must be in L. The artist's qualifications will be evaluated and
permanent view to motorists and pedestrians. Artwork examples of past work may be reviewed. The review,
located at the entrance to a development should make a however, shall be primarily for the purpose of determining
major statement and be visible from the main parking lot, if the artist's experience with artwork of monumental
any. When located in proximity to major traffic proportion. (Ord. 2037 (part), 2009)
thoroughfares, the artwork should be at a motorist's scale
and oriented toward the view corridor of the motorist. 19.118.070 Minimum Artwork Value.
D. Artwork located along Stevens Creek Boulevard The minimum expenditure for the artwork, including
or De Anza Boulevard corridors shall be large in scale and but not limited to design, fabrication, and installation, is
oriented to the view corridors of the motorist. Appropriate one - quarter of one percent (.25 %), with an expenditure cap
artwork in these corridors will most likely be sculptural: of $100,000.00, or such minimum expenditure and /or
however, other forms of art may be considered if consistent expenditure cap that is set forth in the Cupertino General
with the intent of this chapter. Artwork should have a visual Plan. (Ord. 2037 (part), 2009)
impact upon passengers in a moving vehicle or pedestrians
not less than 100 feet away. 19.118.080 Maintenance Requirements.
E. The composition of the artwork shall be of The property owner shall maintain the artwork in good
permanent materials requiring a low level of maintenance. condition continuously after its installation, as determined
Materials used shall be durable and resistant to graffiti and appropriate by the city. Maintenance shall include all
the effects of weather. related landscaping, lighting, and upkeep, including the
F. The nature and style of the artwork shall be identification plaque. Artwork required or approved
considered in the context of other artwork in the pursuant to this chapter cannot be removed, except for
surrounding area in order to encourage a wide range of art required maintenance or repair, unless approved by the City;
styles and materials, and to create a balanced and interesting at which time the City may require replacement or relocation
aesthetic appearance. The developer is encouraged to give of the artwork. In the event that the artwork is located in
preference to artists living or working in the San Francisco the public right -of -way, a maintenance agreement with the
Bay area, and to avoid using artists whose work is already City shall be required. (Ord. 2037 (part), 2009)
2009 S -20
19.124.010
CHAPTER 19.124: CONDITIONAL USE PERMITS AND VARIANCES
Section
19.124.010 Authority of the Director of the provisions within residential districts, act as a barrier to
Community Development. fair housing opportunities, pursuant to Chapter 19.50. (Ord.
19.124.020 Application for planned development 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
permit, conditional use permit or
variance. 19.124.020 Application for Planned Development
19.124.030 Action by the Director. Permit, Conditional Use Permit
19.124.040 Notice of public hearing. or Variance.
19.124.050 Decision after hearing. A. An application for a planned development permit,
19.124.060 Action by the City Council. conditional use permit or variance may be made by the
19.124.070 Planned development permit and owner of record, or his agent, of property for which the
conditional use permit - Findings and planned development, conditional use permit or variance is
conditions. sought.
19.124.080 Variance - Findings and conditions. B. Application shall be made to the Director, on a
19.124.090 Effective date. form provided by the City, and shall contain the following:
19.124.100 Expiration, extension and 1. A description and map showing the location of the
revocation. property for which the permit or variance is sought;
19.124.110 Expansion of planned development 2. If the application is for a planned development
or conditional uses. permit and/or a conditional use permit, plans and /or
19.124.120 Reports. descriptions of existing and proposed uses of the property,
19.124.130 Concurrent applications. and describing m detail the nature of the use proposal to be
conducted on the property;
3. If the application is for a variance, plans and /or
19.124.010 Authority of the Director of Community descriptions of existing and proposed construction on the
Development. property involved, together with a statement of the
Subject to the provisions of this chapter and general circumstances which justify the various applications;
purpose and intent of this title, the Director of Community 4. Such additional information as the Director may
Development may grant the following: deem pertinent and essential to the application.
A. A development permits which are authorized to C. Application for planned development permit,
be issued by the Director pursuant to any provision of this conditional use permit or variance shall be accompanied by
title. All other planned development permits and conditional the fee prescribed by City Council resolution, no part of
use permits shall be issued by either the Planning which shall be returnable to the applicant.
Commission or the City Council, as provided by this title; (Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
B. A variance from the site development regulations
and parking and loading regulations (except those 19.124.030 Action by the Director.
handicapped parking regulations mandated by State law) Unless otherwise provided by Section 19.04.090
applicable within any district established by this title; regarding combined applications, the following actions shall
C. A variance from the special conditions that apply be taken by the Director to process an application for a
to site development and parking and loading regulations planned development permit, conditional use permit or
(including conditions attached to planned developments) variance:
applicable within any district established by this title. Upon receipt of a complete application for a planned
D. A request for reasonable accommodation made by development permit, conditional use permit or variance, the
any person with a disability, when the strict application of Director shall, within thirty days from the date the
application is deemed by him to be complete, set a date for
2010 S -25 147
19.124.030 Cupertino - Zoning 148
a public hearing upon the matter either before or at a regular 2. The proposed development and /or use will be
or special meeting of the Planning Commission, as the case located and conducted in a manner in accord with the
may be, unless the application is diverted for administrative Cupertino Comprehensive General Plan and the purpose of
approval, pursuant to Section 19.132.030. The public this title.
hearing shall commence within sixty days of the date it is B. The decision maker may impose with reasonable
set. (Ord. 2056, (part), 2010; Ord. 1656, § 3, 1994; Ord. conditions or restrictions as he deems necessary to secure
1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) the purpose of this title and to assure operation of the
development and /or use in a manner compatible with
19.124.040 Notice of Public Hearing. existing and potential uses on adjoining properties and in the
Notice of any public hearing under this chapter shall be general vicinity.
given in the same manner as provided in Chapter 19.120 of C. Permits are approved for a two -year period or a
this title. (Ord. 1637, (part), 1993; Ord. 1601, Exh. A longer period of time to be determined by the
(part), 1992) decision - making body. (Ord. 2056, (part), 2010; Ord.
1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)
19.124.050 Decision after Hearing.
A. At the time and place set for hearing, the 19.124.080 Variance — Findings and Conditions.
Director, Planning Commission or City Council, as the case A. The Director may grant a variance from the site
may be, shall hear evidence for or against such application. development regulations, the parking and loading regulations
Within a reasonable time after the conclusion of the hearing, or the special requirements of this title applicable within any
the Director or Commission shall make fmdings and shall district, if he finds:
render a decision on the application which is supported by 1. There are exceptional or extraordinary
the evidence contained in the application or presented at the circumstances or conditions applicable to the property
hearing. involved that do not apply generally to property in the same
B. In the event that the decision by the Director, or district;
the Commission, is a final one, then such decision is subject 2. The granting of the application is necessary, for
to the appeal procedures contained in Chapter 19.136. In the the preservation and enjoyment of a substantial property
event that a Planning Commission decision is advisory to the right of the applicant, and to prevent unreasonable property
City Council its recommendations together with the findings, loss or unnecessary hardship;
shall be forwarded to the City Council within fifteen days 3. The granting of the application will not be
thereof. (Ord. 1637, (part), 1993; Ord. 1601, Exh. A detrimental or injurious to property or improvements in the
(part), 1992) vicinity and will not be detrimental to the public health,
safety, and general welfare, or convenience, and to secure
19.124.060 Action by the City Council. the purpose of the title. (Ord. 1601, Exh. A (part), 1992)
Upon receipt of a recommendation of the Planning
Commission pursuant to Section 19.124.050, the City 19.124.090 Effective Date.
Council may approve, modify, or disapprove the A planned development permit, conditional use or
recommendation of the Planning Com- mission. (Ord. 1601, variance shall take effect ten working days following the
Exh. A (part), 1992) mailing of the notice of decision, unless an appeal is filed as
provided in Chapter 19.132. (Ord. 2056, (part), 2010;
19.124.070 Planned Development Permit and Ord. 1601, Exh. A (part), 1992)
Conditional Use Permit — Findings and
Conditions. 19.124.100 Expiration, Extension and Revocation.
A. Expiration.
A. The decision maker may grant a planned 1. A planned development permit, conditional use
development permit or a conditional use permit only if all of permit or variance which has not been used within two years
the following fmdings are made: following its issuance, shall become null and void and of no
1. The proposed development and /or use, at the effect, unless a shorter or longer time period is specifically
proposed location, will not be detrimental or injurious to prescribed in the conditions of such permit or variance. A
property or improvements in the vicinity, and will not be permit or variance shall be deemed to be "used" when actual
detrimental to the public health, safety, general welfare, or substantial and continuous activity has taken place upon the
convenience; land subject to the permit or variance or, in the event of the
erection of a structure or structures, when sufficient building
2010 S -25
149 Conditional Use Permits and Variances 19.124.100
activity has occurred and continues to occur in a diligent planned development permit or conditional use permit in
manner. accord with this chapter. (Ord. 2056, (part), 2010; Ord.
2. Notwithstanding subsection 1 of this section, if 1601, Exh. A (part), 1992)
the use for which a conditional use permit was granted and
utilized has ceased or has been suspended for one year or 19.124.120 Reports.
more, said permit becomes null and void. The Director of Community Development shall make
3. Unless a variance has expired pursuant to written reports to the City Council and Planning
subsection 1 of this section, it shall continue to exist for the Commission of the action he /she has taken on each
life of the existing structure or such structure as may be application for planned development permit, conditional use
constructed pursuant to the variance approval unless a permits and variances. A written report describing Planning
different time period is specified in its issuance. A variance Commission decisions shall be forwarded to the City
from the parking and loading regulations shall be valid only Council within five calendar days from the date of the
during the period of continuous operations of the use and /or decision. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A
structure for which the variance was issued. (part), 1992)
B. Extensions. The decision maker granting the
original planned development permit, conditional use permit 19.124.130 Concurrent Applications.
or variance may, without public hearing, extend the time for Notwithstanding any provision in this title to the
the use of such permit or variance for a maximum of one contrary, any application for a planned development permit,
year only, upon application filed by the applicant with the conditional use permit or variance which would normally be
Director prior to expiration. Upon timely filing of an issued by the Director of Community Development or the
extension request with the Director, the time for which a Planning Commission may, at the discretion of the Director,
permit or variance must be used shall be automatically be processed concurrently with applications for General Plan
extended until the request is heard by the decision maker. amendments, zoning changes, subdivision maps or other
C. Revocation. In any case where, in the judgment approvals which require City Council approval. (Ord. 2056,
of the Director, substantial evidence indicates that the (part), 2010; Ord. 1601, Exh. A (part), 1992)
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. (Ord. 2056, (part), 2010; Ord.
1812, § 1, 1999; Ord. 1637, (part), 1993; Ord. 1618, (part),
1993; Ord. 1601 Exh. A (part), 1992)
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
2010 S -25
19.134.010
CHAPTER 19.134: ARCHITECTURAL AND SITE REVIEW*
Section
19.134.010 Purposes. residential design approval of two -story residential
19.134.020 Authority of the Design Review development with a floor area ratio over thirty -five percent
Committee. located in a single- family residential zoning district, an
19.134.030 Authority of the Planning individual single - family home in a planned development
Commission. residential zoning district, minor modifications to buildings,
19.134.040 Application for architectural and site landscaping, signs, and lighting for new development,
approval. redevelopment, or modification in such zones where such
19.134.050 Action by the Director. review is required. (Ord. 1844, § 1 (part), 2000)
19.134.060 Notice of consideration.
19.134.070 Action by the Planning Commission- 19.134.030 Authority of the Planning Commission.
Appeals. Subject to the provisions of this chapter and to the
19.134.080 Limitations regarding Planning general purpose and intent of this title, the Planning
Commission decisions. Commission shall decide on the architectural and site design
19.134.090 Findings and conditions. in such zones where such review is required or when
19.134.100 Revocation, extensions, and required by a condition to a planned development permit,
duration. use permit, variance, or any other entitlement of use.
19.134.110 Reports. (Ord. 2056 (part), 2010; Ord. 1844, § 1 (part), 2000; Ord.
1791, § 1 (part), 1998)
* Prior ordinance history: Ord. 1778.
19.134.040 Application for Architectural and Site
Approval.
19.134.010 Purposes. A. When architectural and site review is not part of
This chapter is enacted to provide for an orderly another application for development, a separate application
process to review the architectural and site designs of for such review shall be made by the owner of record of
buildings, structures, signs, lighting, and landscaping for property for which the approval is sought.
prescribed types of land development within the City in B. The application shall be made to the Director of
order to promote the goals and objectives contained in the Community Development, on a form provided by the City,
General Plan, to protect and stabilize property values for the and shall contain the following:
general welfare of the City, to maintain the character and 1. A description and map showing the location of the
integrity of neighborhoods by promoting high standards for property for which the review is sought;
development in harmony therewith, and by preventing the 2. Detailed plans as required by the Director of
adverse effects associated with new construction by giving Community Development showing the proposed
proper attention to the design, shape, color, materials, development or changes to occur on the property;
landscaping and other qualitative elements related to the 3. Such additional information as the Director of
design of developments and thereby creating a positive and Community Development may deem pertinent and essential
memorable image of Cupertino. (Ord. 1844, § 1 (part), to the application.
2000; Ord. 1791, § 1 (part), 1998) C. Any such application for review shall be
accompanied by the fee prescribed by City Council
19.134.020 Authority of the Design Review resolution, no part of which shall be refunded. (Ord. 1844,
Committee. § 1 (part), 2000; Ord. 1791, § 1 (part), 1998)
Subject to the provisions of this chapter and to the
general purpose and intent of this title, the Design Review 19.134.050 Action by the Director.
Committee shall review fence exceptions, sign exceptions, Unless otherwise provided by Section 19.04.090
deck exceptions, exceptions in an R -1 zoning district and regarding combined applications, the following actions shall
2010 S -25 155
19.134.050 Cupertino - Zoning 156
be taken by the Director to process an application under this Typographical errors in the notice shall not invalidate
chapter: the notice nor any City action related to the notice. (Ord.
A. Upon receipt of a complete application, the 1844, § 1 (part), 2000; Ord. 1791, § 1 (part), 1998)
Director shall, within thirty days from the date the
application is deemed complete, cause the application to be 19.134.070 Action by the Planning Commission —
agendized for consideration before either the Design Review Appeals.
Committee or Planning Commission at a regular or special A. At the time and place set for consideration of the
meeting, unless the application is diverted for administrative application, the Planning Commission shall consider
approval, pursuant to Section 19.132.030. Consideration of evidence for or against the application. Within a reasonable
the application by the Planning Commission shall commence time after conclusion of its consideration, the Commission
forty -five days of the date it is set. (Ord. 1844, § 1 (part), shall make fmdings and shall render a decision regarding the
2000; Ord. 1791, § 1 (part), 1998) application which is supported by the evidence contained in
the application or presented at the meeting. The decision of
19.134.060 Notice of Consideration. the Planning Commission is subject to appeal as provided in
A. Mailed written notice of consideration of any Chapter 19.136. (Ord. 1844, § 1 (part), 2000; Ord. 1791,
application under this chapter by the Design Review § 1 (part), 1998)
Committee or Planning Commission shall be given by the
Director to all owners of record of real property (as shown 19.134.080 Limitations Regarding Planning
in the last assessment roll) which abut the subject property, Commission Decisions.
as well as property, and its abutting properties to the left and In its consideration of architectural and site
right, directly opposite the subject property and located applications, the Planning Commission is limited to
across a street, way, highway or alley. Mailed notice shall considering and rendering decisions solely upon the issues
include owners of property whose only contiguity to the described in Section 19.134.030 and is precluded from
subject site is a single point. The notice shall be mailed by considering or rendering decisions regarding other planning,
first class mail at least ten days prior to the Design Review zoning, or subdivision issues with respect to the subject
Committee or Planning Commission meeting in which the property unless said application is combined with the
application will be considered. If the Director of appropriate application or applications which address those
Community Development believes the project may have additional issues. (Ord. 1844, § 1 (part), 2000; Ord. 1791,
negative effects beyond the range of the mailed notice, § 1 (part), 1998)
particularly negative effects on nearby residential areas, the
Director, in his discretion, may expand noticing beyond the 19.134.090 Findings and Conditions.
stated requirements. A. The Design Review Committee or the Planning
Compliance with the notice provisions set forth in this Commission may approve an application only if all of the
section shall constitute a good -faith effort to provide notice, following fmdings are made:
and the failure to provide notice, and the failure of any 1. The proposal, at the proposed location, will not
person to receive notice, shall not prevent the City from be detrimental or injurious to property or improvements in
proceeding to consider or to take action with respect to an the vicinity, and will not be detrimental to the public health,
application under this chapter. safety, general welfare, or convenience;
B. The notice of consideration shall contain the 2. The proposal is consistent with the purposes of
following: this chapter, the General Plan, any specific plan, zoning
1. The exact address of the property, if known, or ordinances, applicable planned development permit,
the location of the property, if the address is not known, and conditional use permits, variances, subdivision maps or
the existing zoning district or districts applicable; other entitlements to use which regulate the subject property
2. The time, date, place, and purpose of the including, but not limited to, adherence to the following
consideration; specific criteria:
3. A brief description, the content of which shall be a. Abrupt changes in building scale should be
in the sole discretion of the City, of the proposed project; avoided. A gradual transition related to height and bulk
4. Reference to the application on file for should be achieved between new and existing buildings.
particulars; b. In order to preserve design harmony between new
5. A statement that any interested person, or agent and existing buildings and in order to preserve and enhance
thereof may appear and be heard.
2010 S -25
157 Architectural and Site Review
19.134.090
property values, the materials, textures and colors of new D. All decisions related to revocation and extensions
buildings should harmonize with adjacent development by of approvals contained in this section are subject to the
being consistent or compatible with design and color appeals procedure contained in Chapter 19.136. (Ord.
schemes, and with the future character of the neighborhood 1844, § 1 (part), 2000; Ord. 1791, § 1 (part), 1998)
and purposes of the zone in which they are situated. The
location, height and materials of walls, fencing, hedges and 19.134.110 Reports.
screen planting should harmonize with adjacent The D shall make written reports to the Planning
development. Unsightly storage areas, utility installations Commission and City Council describing the Design Review
and unsightly elements of parking lots should be concealed, Committee decisions or the City Council describing
The planting of ground cover or various types of pavement . Planning Commission decisions under this chapter to be
should be used to prevent dust and erosion, and the forwarded to the City Council within five calendar days
unnecessary destruction of existing healthy trees should be from the date of such decisions. (Ord. 1844, § 1 (part),
avoided. Lighting for development should be adequate to 2000; Ord. 1791, § 1 (part), 1998)
meet safety requirements as specified by the engineering and
building departments, and provide shielding to prevent spill-
over light to adjoining property owners.
c. The number, location, color, size, height, lighting
and landscaping of outdoor advertising signs and structures
shall minimize traffic hazards and shall positively affect the
general appearance of the neighborhood and harmonize with
adjacent development.
d. With respect to new projects within existing
residential neighborhoods, new development should be
designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks,
landscaping, walls and other appropriate design measures.
B. The committee or the commission may impose
reasonable conditions or restrictions which it deems
necessary to secure the purposes of the General Plan and this
title and to assure that the proposal is compatible with
existing and potential uses on adjoining properties. (Ord.
2056, (part), 2010; Ord. 1844, § 1 (part), 2000; Ord. 1791,
§ 1 (part), 1998)
19.134.100 Revocation, Extensions, and Duration.
A. The revocation of any approval under this chapter
is governed under the same procedures as described in
Section 19.124.100 regarding revocation, extensions, and
duration.
B. An architectural and site approval application
granted under this chapter which has not been used within
two years following its approval shall become null and void
and of no effect unless a shorter time period is specifically
prescribed by the conditions of approval. Such approval
shall be deemed to have been "used" when actual substantial
and continuous construction activity has taken place upon the
land pursuant to the approval.
C. The Design Review Committee or the Planning
Commission may extend such time for a maximum of one
additional year only upon application filed with the Director
before the expiration of such limit as may be specified by
the conditions of approval.
2010 S -25
39 Comprehensive Ordinance List
Ord. No. Ord. No.
09 -2045 Repeals and replaces Chapter 6.28, 2059
Rezoning certain land (Not codified)
cable and video services (6.28) 2060 Not Adopted
2046 Amends entirety of Chapter 9.06, 2062
Amending Chapter 2.86 regarding the
massage establishments and services Housing Commission (2.86)
(9.06)
2048 Adding Ch. 1.10 regarding
Administrative citations, fines, and
penalties (1.10)
2049 Amending 14.04.040 regarding street
improvement requirements (14.04)
2050 Amending Sign regulations (17.04,
17.08, 17.12, 17.16, 17.20, 17.24,
17.32, 17.44, 17.52, App. A -1 - A -8)
2051 Rezones certain land (Not codified)
2052 Rezones certain land (Not codified)
2053 Adding Ch. 3.35 regarding
telecommunication users' tax (3.35)
2054 Adding 1.18.040 regarding exhaustion
of administrative remedies
2055 Amending the Heart of the City
Specific Plan (Not codified)
2056 Amending 2.08.095, 2.48.020,
9.20.030, 14.04.010, 14.04.040,
14.04.110, 14.04.130, 14.04.160,
14.04.175, 14.04.240, 14.05.010,
14.05.040, 14.05.070, 14.05.090,
14.18.020, 14.24.070, 16.04.050,
16.32.040, 18.28.050, 19.08.030,
19.16.020, 19.16.030, 19.20.020,
19.20.030, 19.24.020, 19.28.030,
19.28.110, 19.28.130, 19.32.020,
19.32.030, 19.36.020, 19.36.030,
19.36.050, 19.36.080, 19.40.030,
19.40.140, 19.44.040, 19.50.010-
19.50.060, 19.56.060, 19.56.070,
19.64.040, 19.64.070, 19.64.090,
19.82.060, 19.100.040, 19.100.060,
19.116.120, 19.116.310, 19.118.020,
19.124.010- 19.124.030, 19.124.070,
19.124.090 - 19.124.130, 19.134.030,
19.134.090 regarding the housing
element of the General Plan (2.08,
2.48, 9.20, 14.04, 14.05, 14.18,
14.24, 16.04, 16.32, 18.28, 19.08,
19.16, 19.20, 19.24, 19.28, 19.32,
19.36, 19.40, 19.44, 19.50, 19.56,
19.64, 19.82, 19.100, 19.116, 19.118,
19.124, 19.134)
2057 Rezoning certain land (Not codified)
2058 Repealing and replacing Ch. 14.15
regarding the Landscaping Ordinance
(14.15)
2010 S -25
17 Index
Violation, penalty 16.56.030 purpose 20.04.010
zoning district designation 20.04.040
HOUSING COMMISSION
Chairperson, vice - chairperson, selection, term LANDSCAPING
2.86.050 Applicability 14.15.020
Compensation 2.86.070 Audit of existing landscapes larger than
Effect of provisions 2.86.130 One acre 14.15.100
Established, composition 2.86.010 Definitions 14.15.030
Meetings Intent 14.15.010
See also Procedural rules Landscape and irrigation maintenance 14.15.090
regulations generally 2.86.060 Landscape installation report 14.15.080
voting, requirements 2.86.080 Landscape project submittal 14.15.040
Members Penalties 14.15.120
See also Specific Subject Public education 14.15.110
selection, qualifications, residency 2.86.020 Soil analysis 14.15.070
Power, duties, responsibilities generally 2.86.100 Water budget calculation 14.15.060
Procedural rules 2.86.120 Water - efficient design element 14.15.050
Recordkeeping, requirements 2.86.090
Staff assistance 2.86.110 LIBRARY COMMISSION
Term of office 2.86.030 Compensation 2.68.050
Vacancy, filling 2.86.040 Duties, powers, responsibilities 2.68.070
Effect 2.68.080
-- I -- Established 2.68.010
Meetings, quorum 2.68.040
IMPROVEMENTS, STREET Records 2.68.060
See STREET IMPROVEMENT Term of office 2.68.020
Vacancy, removal 2.68.030
INSPECTION
Exemption from provisions 1.08.020 LICENSE
Notification of rights 1.08.030 See also PERMIT
Warrant required 1.08.010 Bicycle 11.08.020
Bingo 5.32.270
-- J -- Business
See BUSINESS LICENSE
JUNKYARD Cat 8.08.350
Business license Commercial advertising 10.52.060
See also BUSINESS LICENSE Dog 8.08.260
fee 5.04.350
LIQUOR
-- K -- Alcoholic beverages, gasoline concurrent sales
appeals 19.106.070
KENNEL applicability of provisions 19.106.020
See ANIMAL conditional use permit
findings, basis 19.106.050
L -- grant criteria 19.106.030
hearing 19.106.040
LAND DEVELOPMENT PLANNING purpose of provisions 19.106.010
See also ZONING restrictions generally 19.106.060
Specific plans Consumption, open container possession
applicability 20.04.020 prohibitions 10.49.010
contents 20.04.050 Violation, penalty 10.49.020
fees 20.04.060
preparation, adoption, amendment, repeal LOADING ZONES
20.04.030 See PARKING
2010 S -25
Cupertino - Index 18
Exemptions from provisions 9.06.030
Inspection of premises 9.06.230
MANAGER, CITY License, permit
Abandoned, inoperative vehicle See also MTO certificate, Permit
enforcement 11.04.040 application 9.06.050
removal authority 11.04.061 documentation 9.06.055
storage notice 11.04.130 fee 9.06.060
Animal control grounds for denial 9.06.070
administrative authority 8.01.040 expiration and renewal 9.06.065
seizure hearing 8.06.040 required 9.06.040 - 9.06.042
Approved street tree enforcement 14.16.080 suspension or revocation
Bicycle appeals 9.06.220
enforcement 11.08.030 grounds 9.06.200
lanes designation 11.08.250 hearing 9.06.210
license issuance 11.08.040 notice 9.06.210
Bingo, provisions administration 5.32.170 MTO certificate
Clerk, city, appointment 2.20.100 See also License, permit, Permit
Commission meetings, attendance 2.28.060 required 09.06.041
Compensation, reimbursement 2.28.080 Operating requirements 9.06.193
Created 2.28.010 Permit
Departmental organization authority 2.48.030 See also License, permit, MTO certificate
Director of emergency services 2.40.050 massage establishment employees
Eligibility, bond 2.28.030 permit requirements 9.06.080
Encroachment permit issuance 14.08.040 massage therapist
Garage, patio sale enforcement authority 5.16.060 annual medical examination 9.06.160
Grocery store enforcement authority 5.36.060 criteria 9.06.110
Park and /or building permit issuance 13.04.040 practical examination 9.06.120
Parks administration 13.04.220 outcall massage
Pedestrian regulations administration 11.09.020 application 9.06.180
Powers, duties 2.28.040 criteria 9.06.190
Relations with council 2.28.050 Prohibited acts 9.06.198
Residence requirement 2.28.020 Purpose of provisions 9.06.010
Sales and use tax, alternate, collection 3.09.050 Sanitary conditions 9.06.196
Solicitor Violation
administrative authority 5.20.100 continuing 9.06.260
identification permit alternative remedies 9.06.260
application investigation 5.20.020 penalty 9.06.250
revocation, duties 5.20.070 public nuisance 9.06.240
Street tree enforcement 14.12.030
Surplus sales officer duties 3.25.020 MAYOR
Suspension, removal, resignation 2.28.090 Board of appeals appointment 16.04.020
Taxicab driver license suspension, revocation Disaster council chairman 2.40.030
5.28.180 Electrical board of appeals appointment 16.16.130
Temporary absence, replacement 2.28.070 Employees' retirement system execution 2.56.020
Traffic
speed limit signing 11.12.040 MECHANICAL CODE
stop intersection signing 11.20.040 Adopted 16.24.010
Water Amendments
department duties 15.12.090 Section 310.1 16.24.030
provisions enforcement 15.12.050 Table No. 1 -A 16.24.070
Appeals 16.24.060
MASSAGE ESTABLISHMENTS, SERVICES Condensate wastes 16.24.030
Conditions of premises 9.06.196 Name substitution 16.24.020
Definitions 9.06.020 Permit fees 16.24.070
Violation, penalty 16.24.080
2009 S -22
37 Index
Administrative and professional office zone architectural, site review decisions
See OA zone 19.134.070
Administrative office filing procedures 19.136.020
OA zone 19.76.030 generally 19.136.010, 19.136.060
Adoption of provisions 19.04.010 hearing, notification 19.136.030
Adult oriented commercial activities Appliance rental, sales
applicability of provisions 19.104.020 ML zone 19.60.030
purpose 19.104.010 Arboretum
regulations A -1 zone 19.20.030
concentration of activities 19.104.030 A zone 19.16.030
proximity to residential, public, quasi- Archery practice range
public uses 19.104.040 FP zone 19.72.040
Agricultural - residential zone Architectural, site review
See A -1 zone appeals generally 19.134.070
Agricultural uses application
PR zone 19.68.030 consideration notice 19.134.060
Agricultural zone director actions 19.134.050
See A zone findings, conditions required for approval
Airport 19.134.090
T zone 19.64.060 limitations designated 19.134.080
Air sports field requirements 19.134.040
FP zone 19.72.040 design review committee authority
Amendment 19.134.020
boundary changes extensions of approval 19.134.100
action by director 19.120.050 ML zones 19.60.090
action by planning commission planning commission authority, duties
19.120.070 19.134.030
application by city 19.120.040 purpose of provisions 19.134.010
application by owner 19.120.030 R -2 zones 19.32.090
generally 19.04.080, 19.120.020 R -3 zones 19.36.080
hearing, notice 19.120.060 reports required 19.134.110
generally 19.120.010 revocations of approval 19.134.100
Amusement park Assembly
FP zone 19.72.040 ML zone 19.60.030
Animal Athletic field
breeding FP zone 19.72.040
A -1 zone 19.20.030, 19.20.040 Auction house
A zone 19.16.030 ML zone 19.60.030
clinic, hospital Automobile rental
ML zone 19.60.030 ML zone 19.60.030
keeping Automobile sales
A -1 zone 19.20.030 ML zone 19.60.030
A zone 19.16.030 Automobile service station
RHS zone 19.40.030, 19.40.040 ML zone 19.60.040
RIC zone 19.44.040 Automobile washing facility
Antenna ML zone 19.60.040
See Wireless communications facilities A zone
Apiary applicability of provisions 19.16.020
A -1 zone 19.20.040 conditional uses 19.16.040
A zone 19.16.030 designated 19.12.010
Appeal interpretation of provisions 19.16.090
action permitted uses 19.16.030
city council 19.136.050 purpose 19.16.010
planning commission 19.136.040 site development regulations 19.16.060
Cupertino - Index 38
solar designs 19.16.090 A zone 19.16.050
yard regulations 19.16.070 Cemetery
Bank A -1 zone 19.20.040
CG zone 19.56.030 A zone 19.16.040
Barn CG zone
A -1 zone 19.20.030 applicability of provisions 19.56.020
A zone 19.16.030 conditional uses 19.56.040
BA zone designated 19.12.010
applicability of provisions 19.64.020 new development, permit
designated 19.12.010 requirements 19.56.060
development plan required 19.64.070 permitted uses 19.56.030
permitted uses 19.64.030 prohibited uses 19.56.050
purpose 19.64.010 purpose 19.56.010
site development regulations 19.64.090 site development regulations 19.56.070
Beverage container redemption, recycling center Changes
See Recycling center action 19.120.100
Bicycle motocross procedure 19.120.080
FP zone 19.72.040 review 19.120.090
Billiards Child day care facility
FP zone 19.72.040 BQ zone 19.64.050
Boat rental R -3 zone 19.36.040
ML zone 19.60.030 Civic organization
Boat sales BQ zone 19.64.050
ML zone 19.60.030 Club
Boneyard BQ zone 19.64.050
A zone 19.16.050 CG zone 19.56.030
Botanical conservatory Coal sales
A -1 zone 19.20.030 ML zone 19.60.030
A zone 19.16.030 Columbarium
Bowling A -1 zone 19.20.040
FP zone 19.72.040 A zone 19.16.040
BQ zone Communication structures
applicability of provisions 19.64.020 A -1 zone 19.20.040
conditional uses 19.64.050 A zone 19.16.040
designated 19.12.010 Compliance with provisions required 19.04.030
development plan required 19.64.070 Conditional use permit, variance
permitted uses 19.64.040 action 19.124.060
purpose 19.64.010 application
site development regulations 19.64.090 concurrent 19.124.130
Building materials sales generally 19.124.020
ML zone 19.60.030 authority 19.124.010
Bus station, terminal reports 19.124.120
T zone 19.64.060 conditions, findings of fact 19.124.080
Business office decision 19.124.050
CG zone 19.56.030 effective date 19.124.090
Business service expiration, extension 19.124.100
CG zone 19.56.030 hearing, notice 19.124.040
Cabinet shop new development
ML zone 19.60.030 CG zone 19.56.060
Carpenter shop OA zone 19.76.070
ML zone 19.60.030 reports 19.124.110
Caterer revocation 19.124.100
ML zone 19.60.040 Conditional uses
Cattle farm A -1 zone 19.20.030
2010 S -25
41 Index
RHS zone 19.40.030, 19.40.040 Mine
RIC zone 19.44.040 A -1 zone 19.20.040
standards A zone 19.16.040
designated 19.92.030 Minor change
interpretation of standards 19.92.040 applicability of provisions 19.132.030
Horticulture application diversion to administrative approval
R -1 zone 19.28.030 approval 19.132.060
R -3 zone 19.36.030 generally 19.132.040
RHS zone 19.40.040 time period suspension 19.132.050
Hospital definitions 19.132.020
BQ zone 19.64.050 purpose of provisions 19.132.010
Ice sales reports 19.132.070
ML zone 19.60.030 ML zone
Industrial zone, light applicability of provisions 19.60.020
See ML zone architectural, site review 19.60.090
Insurance agency conditional uses 19.60.040
CG zone 19.56.030 designated 19.12.010
Janitoral service emission restrictions 19.60.060
ML zone 19.60.030 parking, loading 19.60.080
Kennel permitted uses 19.60.030
A -1 zone 19.20.040 prohibited uses 19.60.050
A zone 19.16.030 purpose 19.60.010
Laboratory site development regulations 19.60.070
ML zone 19.60.030 Motion picture studio
Lake ML zone 19.60.030
OS zone 19.24.040 Multiple- family residential dwelling
Landscaping garden R -3 zone 19.36.030
A -1 zone 19.20.040 Multiple - family zone
A zone 19.16.030 See R -3 zone
Laundry Museum
CG zone 19.56.030 FP zone 19.72.040
Lodge Noncomplying facility
CG zone 19.56.030 See also Nonconforming use
Lot regulations appeal 19.112.120
A zone 19.16.060 applicability of provisions 19.112.010
R -2 zone 19.32.060 enlargement prohibited 19.112.060
Lumberyard maintenance, repair 19.112.070
ML zone 19.60.030 proceedings 19.112.110
Machinery rental, sales record 19.112.100
ML zone 19.60.030 replacement 19.112.080
Manufacturing value determination 19.112.090
ML zone 19.60.030 Nonconforming use
Map See also Noncomplying facility
areas not shown 19.12.040 appeal 19.112.120
district boundaries 19.12.030 applicability of provisions 19.112.010
use, interpretation 19.12.050 change to other than conforming use
Martial arts prohibited 19.112.030
FP zone 19.72.040 expansion prohibited 19.112.020
Mausoleum maintenance, repair 19.112.040
A -1 zone 19.20.040 proceedings 19.112.110
A zone 19.16.040 record 19.112.100
Messenger service replacement 19.112.050
ML zone 19.60.030 value determination 19.112.090
Nuisance 19.04.050
2005 S -4
Cupertino - Index 42
Nursery Park and recreation zone
A -1 zone 19.20.040 See PR zone
A zone 19.16.030 Parking
ML zone 19.60.030 See also Off - street parking
O -A zone applicability of provisions 19.100.020
applicability of provisions 19.76.020 exceptions, generally 19.100.050
conditional uses 19.76.040 nonresidential zones regulations 19.100.030
designated 19.12.010 purpose of provisions 19.100.010
new development, conditional use permit regulations generally 19.100.040
requirements 19.76.070 residential zones regulations 19.100.030
permitted uses 19.76.030 shared parking regulations 19.100.040
purpose 19.76.010 Parking, parking garage
site development regulations 19.76.050 ML zone 19.60.030
Off - street parking Permitted uses
See also Parking A -1 zone 19.20.030
applicability of provisions 19.100.020 A zone 19.16.030
exceptions, generally 19.100.060 BA zone 19.64.030
parking lot lighting 19.100.050 BQ zone 19.64.040
purpose of provisions 19.100.010 CG zone 19.56.030
regulations 19.100.040 ML zone 19.60.030
Open space zone OA zone 19.76.030
See OS zone OS zone 19.24.030
Orchard PR zone 19.68.030
A -1 zone 19.20.030 R -1 zone 19.28.030
A zone 19.16.030 R -2 zone 19.32.030
OS zone R -3 zone 19.36.030
applicability of provisions 19.24.020 RHS zone 19.40.030
conditional uses 19.24.040 RIC zone 19.44.040
permitted uses 19.24.030 T zone 19.64.060
purpose 19.24.010 Personal services
Outdoor activity center CG zone 19.56.030
FP zone 19.72.040 Pets
P zone R -2 zone 19.32.030
applicability of provisions 19.48.020 R -3 zone 19.36.030
approval action Photography studio
city council 19.48.060 CG zone 19.56.030
design review committee 19.48.080 Picnic area
planning commission 19.48.050 BQ zone 19.64.050
conceptual development plan required FP zone 19.72.040
19.48.040 Planned development permit
conditional use permit Application 19.124.020
approval action, city council 19.48.100 Expansion 19.124.110
approval action, planning commission Findings and conditions 19.124.070
19.48.090 Planned development zone
required 19.48.070 See PD zone
development plan modification 19.48.110 Playground
establishment, permitted, conditional uses PR zone 19.68.030
19.48.030 OS zone 19.24.040
purpose 19.48.010 Pond
Packing, crating establishment OS zone 19.24.040
ML zone 19.60.030 Pool
Park OS zone 19.24.040
PR zone 19.68.030
2010 S -25
43 Index
Poultry raising, hatchery lot 19.32.060
A -1 zone 19.20.040 permitted uses 19.32.030
A zone 19.16.030 purpose 19.32.010
Prezoning 19.120.110 yard 19.32.080
Private recreation zone R -3 zone
See FP zone applicability of provisions 19.36.010
Processing architectural, site review 19.36.080
ML zone 19.60.030 conceptual development plan required
Professional office
CG zone 19.56.030 19.36.050
conditional uses 19.36.040
OA zone 19.76.030 designated 19.12.010
Prohibited uses parking 19.36.070
A -1 zone 19.20.030 permitted uses 19.36.030
A zone 19.16.050 purpose 19.36.010
CG zone 19.56.050 site development regulations 19.36.060
FP zone 19.72.070 Racquet club
ML zone 19.60.050 FP zone 19.72.040
PR zone Radioactive material manufacture
applicability of provisions 19.68.020 ML zone 19.60.040
designated 19.12.010 Radio aerial
park master plan required 19.68.040 See Wireless communications facilities
permitted uses 19.68.030 Radio station
purpose 19.68.010 ML zone 19.60.030
Public building zone Radio tower
See BA zone A -1 zone 19.20.040
Purpose of provisions 19.04.010 A zone 19.16.040
Quar Railroad
A -1 zone 19.20.040 T zone 19.64.060
A zone 19.16.040 Ranch
Quasipublic building zone A -1 zone 19.20.040
See BQ zone A zone 19.16.040
R -1 zone Real estate agency
applicability of regulations 19.28.020 CG zone 19.56.030
building development regulations 19.28.060 Reasonable accommodation
conditional uses 19.28.040 Appeals 19.50.060
designated 19.12.010 Applicability 19.50.020
development regulations 19.28.120, 19.28.130 Application requirements 19.50.030
exceptions 19.28.110 Approval authority, procedure and
interpretation of provisions 19.28.140 decision 19.50.040
minor residential permit 19.28.090 Findings 19.50.050
permitted uses 19.28.030 Purpose 19.50.010
permitted yard encroachments 19.28.080 Recreation
purpose 19.28.010 OS zone 19.24.030
site development regulations 19.28.050 PR zone 19.68.030
two -story residential permit 19.28.100 RHS zone 19.40.040
yard 19.28.080 Recycling area
R-2 zone applicability of provisions 19.81.030
applicability of provisions 19.32.020 definitions 19.81.020
architectural, site review 19.32.090 maintenance, collection 19.81.050
building coverage, setbacks 19.32.070 purpose of provisions 19.81.010
conditional uses 19.32.040 site development requirements 19.81.040
designated 19.12.010 violation, penalty 19.81.060
height 19.32.050
2010 S -25
Cupertino - Index 44
Recycling center exceptions, conditions, procedure
administration of provisions 19.82.070 19.40.140
compliance required, violation, penalty solar design 19.40.120
19.82.020 yard 19.40.090
defmitions 19.82.030 RIC zone
permit applicability of provisions 19.44.020
multiple sites 19.82.050 characteristics 19.44.030
required 19.82.040 conditional uses 19.44.050
purpose of provisions 19.82.010 designated 19.12.010
standards 19.82.060 development plan
Religious organization modifications 19.44.080
BQ zone 19.64.050 standards 19.44.070
Repair services permitted uses 19.44.040
CG zone 19.56.030 purpose 19.44.010
ML zone 19.60.030 waste development regulations 19.44.060
Research and development School
ML zone 19.60.030 BQ zone 19.64.050
Research facility Second dwelling unit
OA zone 19.76.040 A -1 zone 19.84.020
Residential care facility applicability of provisions 19.84.020
A -1 zone 19.20.030, 19.20.040 architectural review 19.84.060
A zone 19.16.030, 19.16.040 A zone 19.84.020
BQ zone 19.64.050 nonconforming, illegal second dwelling units
R -1 zone 19.28.030, 19.28.040 19.84.070
R -2 zone 19.32.030, 19.32.040 parking 19.84.040
R -3 zone 19.36.030, 19.36.040 purpose 19.84.010
RHS zone 19.40.030, 19.40.040 R -1 zone 19.28.040, 19.84.020
RIC zone 19.44.040, 19.44.050 RHS zone 19.40.030
Residential duplex zone RHS zone 19.40.040, 19.84.020
See R -2 zone site development regulations 19.84.030
Residential hillside zone Shed
See RHS zone A zone 19.16.030
Residential single - family cluster zone Single- family dwelling unit
See RIC zone A -1 zone 19.20.030
Restaurant A zone 19.16.030
CG zone 19.56.030 PR zone 19.68.030
Retail store R -1 zone 19.28.030
CG zone 19.56.030 RHS zone 19.40.030
RHS zone RIC zone 19.44.040
applicability of provisions 19.40.020, 9.40.145 Single- family residential zone
building restrictions 19.40.060 See R -1 zone
conditional uses 19.40.040 Site development regulations
designated 19.12.010 accessory buildings, structures 19.80.030
design standards 19.40.070 A -1 zone 19.20.030
driveways, private roads 19.40.110 A zone 19.16.050
fencing 19.40.080 BA zone 19.64.090
geologic, soil reports 19.40.100 BQ zone 19.64.090
interpretation of provisions 19.40.130 CG zone 19.56.070
permitted uses 19.40.030 ML zone 19.60.070
purpose 19.40.010 OA zone 19.76.050
site development regulations R -1 zone 19.28.050
designated 19.40.050 R -3 zone 19.36.060
2010 S -25
45 Index
radio aerial Theatre
See Wireless communications facilities FP zone 19.72.040
RHS zone 19.40.050 Transformer station
RIC zone 19.44.060 A -1 zone 19.20.040
second dwelling unit 19.84.030 A zone 19.16.040
television aerial Transmission lines
See Wireless communications facilities A -1 zone 19.20.040
T zone 19.64.090 A zone 19.16.040
Skating rink Transportation zone
FP zone 19.72.040 See T zone
Slaughterhouse Travel agency
A zone 19.16.050 GC zone 19.56.030
Solar design Tree farm
A -1 zone 19.20.030 A -1 zone 19.20.030
A zone 19.16.080 A zone 19.16.030
RHS zone 19.40.100 RHS zone 19.40.040
Sports training center Two - family use, one ownership
FP zone 19.72.040 R -2 zone 19.32.030
Stables Two story design principles Ch. 19.28, Appendix A
A -1 zone 19.20.030, 19.20.040 T zone
A zone 19.16.030 applicability of provisions 19.64.020
OS zone 19.24.040 designated 19.12.010
Stenographic service development plan required 19.64.070
ML zone 19.60.030 permitted uses 19.64.060
Stone cutting, monument manufacture purpose 19.64.010
ML zone 19.60.040 site development regulations 19.64.090
Storage facility Utility company
ML zone 19.60.030 BQ zone 19.64.050
Stream Utility facility
OS zone 19.24.040 ML zone 19.60.030
Swimming facilities Utility structure
BQ zone 19.64.050 A -1 zone 19.20.040
FP zone 19.72.040 A zone 19.16.040
ML zone 19.60.040 Variance
Telegraph office See Conditional use permit, variance
ML zone 19.60.030 Vegetation maintenance
Television aerial OS zone 19.24.030
See Wireless communications facilities Video game
Television station FP zone 19.72.040
ML zone 19.60.030 GC zone 19.56.030
Television tower Vineyard
A -1 zone 19.20.040 A -1 zone 19.20.030
A zone 19.16.040 A zone 19.16.030
Temporary buildings Violation, penalty
R -3 zone 19.36.030 generally 19.04.070
Temporary uses remedies cumulative 19.04.060
conditional use permit Warehouse
appeal 19.128.040 ML zone 19.60.030
findings, required 19.128.030 Wine sale
granting 19.128.010 A zone 19.16.040
issuance conditions 19.128.020 A -1 zone 19.20.040
R -2 zone 19.32.040
R -3 zone 19.36.040
RHS zone 19.40.040
2010 S -25
Cupertino - Index 46
Wireless communications facilities
aerials
design, siting review requirements
19.108.070
exceptions, generally 19.108.100
regulations, generally 19.108.050
site development regulations 19.108.060
antennas regulations 19.108.050
applicability of provisions 19.108.020
applications
additional information requirements
19.108.080
review, processing, generally 19.108.090
BQ zone 19.64.050
definitions 19.108.030
exceptions, generally 19.108.100
height limitation exceptions 19.108.090
masts, towers
exceptions 19.108.100
regulations, generally 19.108.050
purpose of provisions 19.108.010
site locations, allowed where 19.108.040
Wood sales
ML zone 19.60.030
Yard regulations
A -1 zone 19.20.030
A zone 19.16.070
R -1 zone 19.28.080
R -2 zone 19.32.080
RHS zone 19.40.070
2010 S -25