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.04 MCA-2010-05 Parking Ordinance revisions OFFICE OF COMMiTNITY DEVELOPMENT ' ' � CITY HALL 10300 TORRE AVEN'JE • CUPERTINO, CA 950143255 C U P E RT 1 N O (408) 777-3308 • FAX (408) 777-3333 • planningQcupertino.org PLANNING COMMISSION STAFF REPORT Agenda Item No. T Agenda Date: October 12, 2010 Application: MCA-2010-05 Applicant: City of Cupertino Application Summary: Municipal Code Am��ndment to Chapter 19.100 (Parking Ordinance) of the Cupertino Municipal Code with associated amendments to Chapter 19.08 (Definitions Ordinance) regarding storage and parking of heavy equipment, aircraft and planned non- operational vehicles in residential zones. RECOMMENDATION Staff recoxnmends that the Plaruung Commi:;sion recoinmend that the City Council adopt the proposed amendments in accordance with thE� model resolution (Attachment 1). BACKGROUND On July 20, 2010, the City Council reviewed the proposed Parking Ordinance Amendment brought forward by the Code Enforcement L►ivision to address issues related to the storage of vehicles in residential zones and directed th�it the item be forwarded to Planning Commission for a reconzmendation to Council. DISCUSSION The proposed Parking Ordinance amendmen�s are needed to clarify language regarding storage and parking of vehicles and help with enforcement. The issues and recommended modifications are discussed below: ParkinQ on impervious and semi-pervious surface� . The current ordinance does not clearly defile impervious and semi-pervious surfaces. Code Enforcement staff has found several cases wr ere vehicles have been parked on surfaces that do not meet the intent of the regulations. Some of these surfaces include gravel, plastic tarps and metal sheets, which are not permanent and can cause maintenance problems and debris on public streets and look unsightly. The draft ordinance clarifies front yard surface requirements. (see Attachment 1, Exhibit A, Attachment II, I'age 1). Storage of heav�equipment Section 19.100.010, Purpose, of the Parking O��dinance states "... regulate the parking of vehicles which are unsightly, oversized, or which arE� detrimental to property values or the peace and enjoyment of neighboring property owners o� residents and ..." 4-1 MCA-2010-05 Parking and Definitio:�s Ordinance Amendments October 12, 2010 Page 2 However currently, the Parking Ordinance d oes not have clear provisions to regulate parking and/or storage of unsightly and oversized h�avy equipment, such as construction equipment, in residential zones. In the past year, Code �?nforcement staff has received several complaints from neighbors regarding heavy equipmeni stored in residential areas (see Attachment 1- photographs of heavy equipment stored on rESidential property). Staff is proposing language to allow storage �f heavy equipment in residential zones provided the equipment is not visible from the str �et and is located behind a conforming fence. Corresponding definitions have been propos �d in Chapter 19.08 (See Attachment 1, Exhibit A, Attachment I- Pages 10 and 21). Cities s�ich as, Santa Clara and Los Altos have similar regulations (see Attachment 3). Storage o�rplanes . The current definition of vehicle includes air��lanes and allows them to be stored on residential property. Code Enforcement staff is recommending the addition of language to clarify that such oversized airplanes (and other heavy equipment mentioned above) may not be visible from the street and must be located behind a conforrr�ing six foot tall fence. Cities such as, Santa Clara and Los Altos have similar regulations (see A tachment 3) Planned non-operational (PNO) vehicles The Department of Motor Vehicles and the California Vehicle Code allows property owners, who plan on not operating their operable c�ars for an extended period of time, to obtain a planned non-operational permit. In such cas��s, a lower planned non-operational permit fee is collected and registration fees do not have to be paid until such time that the owner chooses to operate the vehicle. However, the California Vehicle Code prohibits planned non-operational (PNO) vehicles to be parked on streets. The C ity's Parking Ordinance is consistent with this but additionally prohibits parking such cars on p��ivate property. Staff is recommending revisions to allow the storage of PNO vehicles, in additio n to currently registered vehicles, to be parked on residential property. Farm E�uipment Currently, the Parking Ordinance allows fa:�m equipment to be parked on any property. In addition, if stored within 200 feet of a public street or road, adequate screening is required. Code Enforcement staff is requesting a modification to restrict storage of farm equipment to A1 (Agricultural Residential) and Residential H:llside (RHS) zones where farming operations are allowed. ❖ Alternative for Planning Commission ConsidE�ration . An alternative would be to include farm equipment as "Heavy Equipment." In that case, farm equipment would be allowed on all residential properties including R1, R2, RHS and A1 zones but would be subject to screening like other heavy equipment. If the Planning Commission recommends this change, staff will change the proposed ordinance prior to City Council review. OTHER MISCELLANEOUS CHANGES TO CHAPTER 19.08 - DEFINITIONS Minor formaiting changes have been made t� the Definitions Chapter for ease of reading and understanding. Other areas have been conso idated to xrLnimi�e repeated language in multiple locations. 4-2 MCA-2010-05 Parking and Definitio�LS Ordinance Amendments October 12, 2010 Page 3 ENVIRONMENTAL CONSIDERATIOr�S The proposed ordinance amendments are co:lsidered exempt by the California Environmental Quality Act (CEQA Section 15601(b) (3)) to ha� �e any significant effect on the environment. Prepared by: Piu Ghosh, Associate Planner . Reviewed by: Approved by: Ga � r ivastava City Planner Community Development Directar ATTACHMENTS Attachment 1 Model Resolution(s) with Exhibit A, Attachments I& II Attachment 2 Photographs of unsi;;htly storage of heavy equipment Attachment 3 Excerpts from Munic�ipal Codes from Cities of Los Altos & Santa Clara G: � Planning � PDREPORT � pc MCA reports � 2010 � MCA- ?010-05.doc 4-3 Attachment 1 MCA-2010-05 CTTY OF CUPERTINO 10300 T �rre Avenue Cupertino, ��alifornia 95014 RESOL UTION NO. OF THE PLANNING COMMISSION OF 'I HE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE THE MUNICII'AL CODE AMENDMENT TO CHAPTER 19.100 (PARKING ORDINAN��E) OF THE CUPERTINO MUNICIPAL CODE ALONG WITH ASSOCIATED AMENDMENTS TO CHAPTER 19.08 (DEFINITIONS ORDINANCE) RELATED TO CLARIFYIN G LANGUAGE REGARDING STORAGE AND PARKING OF HEAVY EQUIPMENT, AIR(:RAFT AND PLANNED NON-OPERATIONAL VEHICLES IN R ESIDENTIAL ZONES The Planning Commission recommends approval of the proposed amendments to the City of Cupertino Municipal Code as shown in Exhi��it A attached herewith. PASSED AND APPROVED this 12� day of ()ctober 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino by the f ollowing roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Aarti Shrivastava Paul Brophy, Chair ' Director of Community Development Planning Commission 4-4 EXHIBIT A Ordinana� No. 10.X:XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'CUPERTINO AMENDING CHAPTER 19.100 (PARKING REGULATIONS) OF THE CUPERTINO MUNICIPAL CODE WITH ASSOCIATED AMENDMENTS TO CHAPTER 19.08 (DEFINITIONS ORDINANCE) RELATED TO CLARIFYING LANGUAGE REGARDING STORAGE AND PARKING OF HEAVY EQUIPMENT, AIRCRAFT AND P]�ANNED NON-OPERATIONAL VEHICLES IN RESIDENTIAL ZONES. THE CITY COUNCIL OF THE CITY OF CU„ERTINO ORDAINS AS FOLLOWS: Section 1. Statement of Purpose. This ordinance amendment clarifies language regarding storage and parking of vehicles. Section 2. Code Amendment. A. Chapter 19.08, entitled "Definitions;' of die Cupertino Municipal Code, is amended to read as shown in Attachment I; and B. Sections 19.100.030 and 19.100.040 in Chapter 19.100, entitled "Parking Regulations;' of the Cupertino Municipal Code is amended, tc read as shown in Attachment II. Section 3. Severabilif�. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdi�:tion to be unlawful, unenforceable or otherwise void, that determination shall have no effec1: on any other provision of this Ordinance or the application of this Ordinance to any othe:� person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect and be in i orce thirty (30) days from and after adoption as provided by Government Code Section 36937. Section 5. CertifTCation. The City Clerk shall certify to the passage an� adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meetin�; of the Cupertino City Council the day of 2010 and ENACTED at a regular meeting of the Cupertino City Council on this of 2010 by the following votE�: � AYES: NOES: ABSENT: ABSTAIN: 4-5 ATTACHMENT I CHAPTER 19.(18: DEFINITIONS Section 19.08.010 Purpose and Applicability. 19.08.020 General Rules for Construction of Language. 19.08.030 Definitions. 19.08.010 Purpose and Applicability. The purpose of this chapter is to promote consistency and precision in the interpretation of �e zoning regulations. The meaning and cc�nstruction of words and phrases defined in this chapter shall apply throughout the zoning rE gulations, except where the context of such word or phrases clearly indicates a different meanir.g or construction. (Ord. 1601, Exh. A (part), 1992) 19.08.020 General Rules for Construction of Language. The following general rules of constructior shall apply to the text of the zoning regulations: A. The particular shall control the general. B. In case of any difference of ineaning or implication between the text of any provision and any caption or illustration, the text shall control. C. The word "shall" is always mandatc ry and not discretionary. The word "may" is discretionary. D. References in the masculine and feminir�e genders are interchangeable. E. Words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrar3•. F. The words "activities" and "facilities" i�iclude any part thereof. G. Unless the eontext clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected itE�ms or provisions shall apply; 2. "Or" indicates that the connected : tems or provisions may apply singly or in any combination; 3. "Either ... or" indicates that the co�ulected items or provisions shall apply singly but not in combination. H. The words "lot" and "plot" are interchangeable. I. The word "building" includes the word "structure." J. All public officials, bodies, and agenciE s to which reference is made are those of the City unless otherwise indicated. -1- 4-6 K. "City" means the City of Cupertino. (Ord.1601, Exh. A (part),1992) 19.08.030 Definitions. Throughout this title the following words an�i phrases shall have the meanings ascribed in this section. A. "A" Definitions: 1. "Abandon" means to cease or discontin ie a use or activity without intent to resume, but excluding temporary or short-term intE rruptions to a use or activiiy during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal cl�sure. 2. "Abutting" means having property or di;;trict lines in common. 3. "Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility a�ld which meets the applicable conditions set forth in Chapter 19.80. 4. "Accessory structure" means a subordin �te structure, the use of which is purely incidental to that of the main building and whic h shall not contain living or sleeping quarters. Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded. 5. "Additiori' means any construction which increases the size of a building or facility in terms of site coverage, heigh�, length, wicith, or gross floor area ratio. 6. "Adult bookstore" means a building or ��ortion thereof used by an establishment having as . a substantial or sigxuficant portion of i�s stock in trade for sale to the public or certain members thereof, books, magazines, ar d other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomiczl areas;' as hereinafter defined. 7. "Adult cabaret" means a building or po:•tion thereof used for dancing purposes thereof or area used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male or female impersonators ��r similar entertainers, for observations by patrons or customers. 8. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of mc�tion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas;' as here:nafter defined, for observation by patrons or customers. 9. "Agriculture" means the tilling of the soil, the raising of crops, �orticulture, agriculture, livestock farming, dairying, or animal husbandry, including slaughterhouses, feriilizer yards, bone yard, or plants for the reduciion of animal matter or any other similar use. 10. "Alley" means a public or private vehic slar way less than thirty feet in width affording a secondary means of vehicular access to a butting property. -2- 4-7 11. "Alteratiori' means any construction or � hysical change in the arrangement of rooms or the supporting members of a building or structure, or change in the relative position of buildings or structures on a site, or sub:�tantial change in appearances of any building or structure. �a. "Incidental alteratiori' means a�iy alteration to interior partitions or interior supporting members of a structure which does not increase the structural strength of the structure; any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility service��, fixtures, or appliances; any addition, closing, or change in size of doors or windo�vs in the exterior walls; or any replacement of a building facade which does not inc� ease the structural strength of the structure. �b. "Structural alteratiori' means any a�teration not deemed an incidental alteration. 12. "Amusement park" means a commercial facility which supplies various forms of indoor and outdoor entertainment and refreshm �nts. 13. Animal: a. Animal, Adult. "Adult animal" mea�ls any animal four months of age or older. b. "Animal care" means a use provi�iing grooming, housing, medical care, or other services to animals, including vetervlary services, animal hospitals, overnight or short- term boarding ancillary to veterin� ry care, indoor or outdoor kennels, and similar services. c. Animal, Large. "Large animal" me �ns any equine, bovine, sheep, goat or swine or similar domestic or wild animal, as c�etermined by the Plaiuiing Commission. d. Animal, Small. "Small animal" means animals which are commonly found in single- family residential areas such as chic�:ens, ducks, geese, rabbits, dogs, cats, etc. 14. "Apartment" means a room or a suite of two or more rooms which is designed for, intended for, and occupied by one fanvly doing its cooking therein. 15. "Apartment house" means a building dE�signed and used to house three or more families, living independently of each other. 16. "Apartment project" means a rental h�using development consisting of two or more dwelling units. 17. "Architectural feature" means any part cr appurtenance of a building or structure which is not a portion of the living area of the �uilding or structure. Examples include: cornices, canopies, eaves, awnings, fireplaces, or �rojecting window elements. Patio covers or any projection of the floor area shall not consiitute an architectural projection. 18. "Atrium' means a courtyard completely enclosed by walls and/or fences. 19. "Attic" means an area between the ceilir�g and roof of a structure, which is unconditioned (not heated or cooled) and uriinhabitable 20. "Automotive service statiori' means a iise providing gasoline, oil, tires, small parts and accessories, and services incidental there :o, for automobiles, light trucks, and similar motor vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of food or grocery items on the samE� site is prohibited except for soft drinks and snack foods, either from automatic vending machines or in shelves. The sale of alcoholic beverages on the site is governed by Cha pter 19.106. -3- 4-8 21. "Automotive repair and maintenance (minor)" means the supplying of routine automotive services such as lubrication, engine tun�ups, smog certificates, servicing of tires, brakes, batteries and sirnilar accessories, and xninor repairs involving engine accessories. Any repair which requires the engine, drive train, transmission assembly, exhaust system, or drive train parts to be removed from a motor vehicle or requires the removal of internal parts shall not be considered minor. Boc.y and paint shop operations are not minor repairs or maintenance. 22. "Average percent of slope" means thE ratio between vertical and horizontal distance expressed in percent; the mathematical expression is based upon the formula described below: S_ rIxLx1001 l A � S= Average slope of gr �und in percent I = Contour interval in :'eet L= Combined length ir► feet of all contours on parcel A= Area of parcel in sc uare feet. B. "B" Definitions: 1. "Basement" means any floor below the first story in a building that is fully submerged below grade except for lightwells required for light, ventilation and emergency egress. A basement may have a maximum exterior wall height of two feet between natural grade and ceiling. 2. "Block" means any lot or group of conti�;uous lots bounded on all sides by streets, railroad rights-of-way, or waterways, and not iraversed by any street, railroad right-of-way or waterway. 3. "Boarding home" means any building used for the renting of rooxns or providing of table board for from three to five persons, inc lusive, over the age of sixteen years, who are not members of the same family. 4. "Building" means any structure used or intended for supporting or sheltering any use or occupancy when any portion of a building is completely separated from every other portion thereof by an "area separation wall" as defined by the Uniform Building Code, then each such portion shall be deemed t� be a separate building. a. Building, Attached. "Attached bu:lding" means buildings which are physically connected by any structural member:� or wall, excluding decks, patios or fences. 5. "Building coverage" means that portic�n of the net lot area encompassed within the outermost wall line which defines a builc(ing enclosure. 6. "Business" or "commerce" means the - �urchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs and �,tructures, hotels and motels, and recreational and amusement enterprises conducted for pr�fit. -4- 4-9 7. "Business or trade school" means a use, E xcept a college or university, providing education or training in business, commerce, lar�guage, or similar activity or pursuit, and not otherwise defined as a home occupation. C. "C" Definitions: 1. "Canopy" means any roof-like struc ure, either attached to another struciure or freestanding, or any extension of a roof line, constructed for the purpose of protection from the elements in connection with outdoor :iving. 2. "Car shelter" means a roofed structure or a part of a building not enclosed by walls, intended and designed to accommodate c�ne or more vehicles. 3. "Centerline" means the centerline as es�:ablished by the County Surveyor of Santa Clara County, the City Engineer, or by the StatE� Division of Highways of the State of California. 4. "Change of use" means the replacement �f an existing use by a new use, or a change in the nature of an existing use, but not includitig a change in ownership, tenancy or management where the previous nature of the use, 1 ne of business, or other function is substantially changed. 5. "Child" means a person who is under ten years of age for whom care and supervision are being provided in a day care home or da�� care facility. 6. "Child day care facility" means a facility, licensed by the State or County, which provides care to children under eighteen years o= age in need of personal service, supervisors, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four-hour basis. Child day care facility includes day care centers and family day care homes and ixicludes the following: �a. "Large child care facility;' which me,�ns a facility which provides child and day care to seven to twelve children inclusive; �b. "Small child care facility," which me��ns a facility which provides child day care for one to six children inclusive. 7. "Church" means a use providing facilities for organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(fl of Article XIII of the Constitution of the State of California and Section 206 of the Rev��nue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section. 8. "College" or "university" means an edu�:ational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree or defined by Section 94302 of the Education Code of the State of California, or successor legislation. 9. "Commercial recreatiori' means a use providing recreation, amusement, or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, and sunilar services, operated on a private or for-p:�ofit basis, but excluding uses defined as outdoor recreation services. 10. "Community center" means a place, structure, area, or other facility used for and providing religious, fraternal, social and/ or recrea tional programs generally open to the public and designated to accommodate and serve a�ignificant segment of the community. -5- ' L.-1 O 11. "Community housing project" means a �:ondominium project as defined in Section 135 of the California Civil Code, a community apartment project as defined in Section 11004 of the California Business and Professions Cc de, contanling two or more rights of exclusive occupancy, or a stock cooperative, as de:=ined in Section 11003.2 of the California Business and Professions Code, containing two or more separately owned lots, parcels or areas. 12. "Congregate residence" means any build ing or portion thereof which contains facilities for living, sleeping and sanitation, as requirE d pursuant to the Uniform Building, Housing and Fire Codes and may include facilities for eating and cooking for nontransient occupancy primarily by persons eighteen years old and older, in which the responsibilities for rent, housekeeping, cooking and other housE�hold maintenance chores are shared among the occupants. 13. "Convalescent facility" means a use other than a residential care home providing inpatient services for persons requiring medical a tention, but not providing surgical or emergency medical services. 14. "Convenience market" means a use or activity that includes the retail sale of food, ' beverages, and small personal conveni��nce items, including sale of food in disposable containers primarily for off-premises co�isumption, and typically found in establishments with long or late hours of operation <<nd in relatively small buildings, but excluding delicatessens and other specialty food shops and establishments which have a sizable assortment of fresh fruits, vegetables, anct fresh-cut meats. 15. "Conversiori' means a change in the type of ownership of a parcel (or parcels) of land, together with the existing attached strL ctures, to that defined as a community housing project, regardless of the present or prior use of such land and structures and whether substantial improvements have been macle or are to be made to such structure. 16. "Corner triangle" means a triangular-shaped area bounded by: �a. The intersection of the tangential extension of front and end property lines as formed by the intersection of two public rights-c f-way abutting the said property lines; and �b. The third boundary of the triangula�•-shaped area shall be a line connecting the front and side property lines at a distance �f forty feet from the intersection of the tangential extension of front and side property 1 ines. 17. "Court" means an open, unoccupied s��ace, other than a yard, on the same lot with a building or buildings and which is bou nded on two or more sides by such building or buildings, including the open space in a ltouse court or court apartment providing access. 18. "Covered parking" means a carport or garage that provides full overhead protection from the elements with ordinary roof coverin;;s. Canvas, lath, fiberglass and vegetation are not ordinarily roof coverings and cannot be t�sed in providing a covered parking space. D. "D" Definitions: 1. "Day care center" means any child day c�are facility, licensed by the State or County, other than a family day care home, and inclu des infant centers, preschools, and extended day care facilities. a. Day Care Home, Family. "Family da y care home" means a home, licensed by the State or County, which regularly providf �s care, protection and supervision of twelve or -6- 4-11 fewer children, in the provider's owr� home, for periods of less than twenty-four hours per day, while the parents or guardia n are away, and includes the following: �i. "Large-family day care home;' which means a home which provides family day care to seven to twelve children, inclusive, including children under the age of ten years who reside at the home; �u. "Small-family day care home;' which means a home which provides family day care to six or fewer children, including children under the age of sixteen years who reside at the home. 2. "Developer" means the owner or subdi��ider with a controlling proprietary interest in the proposed community housing project, c�r the person or organization making application thereunder. 3. "Development Permit" means a permit i ssued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertin� Municipal Code, approving architecture, site improvements, buildings, structures, lan3 and/or uses. Development Permits may include but shall not be limited to Administrativ�� Approvals, Two-story Permits, Minor Residential Permits, Architectural and Site Approva: s, Planned Development Permits, Conditional Use Permits, Exceptions, Variances or Subdiv ision Maps. 4. "District" means a portion of the territ �ry within the City within which certain uses of land, premises and buildings are permitted and certain other uses of land, premises and buildings are prohibited, and within �Nhich certain yards and other open spaces are required and certain building site areas are established for buildings, all as set forth and specified in this title. 5. "Drinking establishment" means an activity that is primarily devoted to the selling of alcoholic beverages for consumption on �he premises. 6. "Drive-through establishment" means an activity where a portion of retailing or the provision of service can be conducted ��ithout requiring the customer to leave his or her car. 7. Driveway, Curved. "Curved drivewa�,�" means a driveway with access to the front property line which enters the garage from the side at an angle of sixty degrees or greater to the front curbline and which contains a functional twenty-foot-deep parking area that does not overhang the front property lin �. 8. "Duplex" means a building containing �lot more than two kitchens, designed and used to house not more than iwo families living independently of each other. 9. "Dwelling unit" means a room or gr��up of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupanc.� by one family on a nontransient basis and having not more than one kitchen. E. "E" Definitions: 1. Emergen� Shelter a. "Emergency shelter, rotating" mears a facility that provides temporary housing with minimal supportive services. Such shelters shall be limited to a time period of two -7- ��-12 months in a twelve-month period .�t any single location and shall meet criteria in Section 19.64.040(A). b. "Emergency shelter, permanent" means a facility that provides temporary housing with mirumal supportive services tr at is limited to occupancy of six months or less. Such shelters may be permanend y operated and shall meet criteria in Section 19.64.040(B). 2. "Enclosed" means a covered space fully surrounded by walls, including windows, doors and similar openings or architectural fe�itures, or an open space of less than one hundred square feet fully surrounded by a buildir.g or walls exceeding eight feet in height. 3. "Entry feature" means a structural eleme nt, which leads to an entry door. � 4. "Equestrian center" means a facility for the shelter, display, exhibition, keeping, exercise or riding of horses, ponies or mules, or ver icles drawn by such animals, with related pasture lands, corrals and trails. 5. "Equipment yard" means a use providilg for maintenance, servicing or storage of motor vehicles, equipment or supplies; or for tr e dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public � utility service, transportation service, o r similar activity, includin�but not limited to, a � construction material�ard, corporation j ard, vehicular service center or similar use. � ,. .. � , , et�c�- . ;i� . F. "F" Definitions: 1. "Facility" means a structure, building or other physical contrivance or object. �a. "Accessory facility" means a facility which is incidental to, and customarily associated with a specified principal facility axid which meets the applicable conditions set forth in Chapter 19.80. �b. "Noncomplying facility" means a facility which is in violation of any of the site development regulations or other regulations established by this title, but was lawfully existing on October 10, 1955, or any amendment to this title, or the application of any district to the property involved b3• reason of which the adoption or application the facility becomes noncomplying. (F��r the definition for "nonconforming use" see the definition "use" in this chapter.) �c. "Principal facilities" means a main building or other facility which is designed and constructed for or occupied by a pri:icipal use. 2. "Family" means an individual or grou� of persons living together who constitute a bona fide single housekeeping unit in a d�n•elling unit. "Family" shall not be construed to include a fraternity, sorority, club, c�r other group of persons occupying a hotel, lodginghouse, or institution of any kind. 3. "Family day care home" means a h��me which regularly provides care, protection, supervision of children in the home for ��eriods of less than twenty-four hours a day, while the parents or guardians are away. -8- 4�-13 4. "First floor" means that portion of a stn�cture less than or equal to twenty feet in height, through which a vertical line extending from the highest point of exterior construction to the appropriate adjoining grade, passes tltrough one story. 5. "Floor area",means the total area of all flc�ors of a building measured to the outside surfaces of exterior walls, and including the follov� �ing: �a. Halls; �b. Base of stairwells; �c. Base of elevator shafts; 4d. Services and mechanical equipment r�oms; �e. Interior building area above fifteen feet in height between any floor level and the ceiling above; bf. Basements with lightwells that do no�� conform to Section 19.28.060F; �g. In all zones except residential, perr.lanently roofed, but either partially enclosed or unenclosed building features used fo�� sales, service, display, storage or similar uses. 6. "Floor area' shall not include the followilg: �a. Basements with lightwells that conform to Section 19.28.060F; �b. Lightwells; �c. Attic areas; 4d. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; �e. Roofed arcades, plazas, walkways, ��orches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls. 7. "Floor area ratio" means the maximum ratio of gross floor area on a site to the total site area. 8. "Front wall" means the wall of a buildin g or other structure nearest the street upon which the building faces, but excluding certain ,�rchitectural features as defined in this chapter. 9. "Full cash value" has the meaning assi€ned to it in the California Revenue and Taxation Code for property taxation purposes. G. "G" Definitions: 1. "Garage" means an accessory building I completely closed) used primarily for the storage of motor vehicles. 2. "Grade" or "finished grade" means the lowest point of adjacent ground elevation of the finished surface of the ground paving, or sidewalk, excluding areas where grade has been raised by means of a berm, planter box, �r similar landscaping feature, unless required for drainage, within the area between the bL ilding and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. -9- �G-14 3. "Gross lot area' means the horizontal arf�a included within the property lines of a site plus the street area bounded by the street cer.terline up to thirty feet distant from the property line, the street right-of-way line and the extended side yard to the street centerline. 4. "Group care activities" means a residential care facility providing continuous care for six or fewer persons on a twenty-four-hour b�isis, which requires licensing by a governmental agency. 5. "Guest room' means a room which is vltended, arranged or designed to be occupied by occasional visitors or nonpaying guests c�f the occupants of the dwelling unit in which the room is located, and which contains no k:.tchen facilities. H. "H" Definitions: 1. "Habitable floor" means the horizontal space between a floor area of at least seventy square feet and the ceiling height measu ring at least seven feet six inches above it, except for a kitchen which shall have a ceiling h��ight not less than seven feet above said floor. 2. "Habitable space" means space in a s�xucture for living, sleeping, eating or cooking. Bathrooms, toilet compartment, closets, ]ialls, storage or utility space and similar areas are not considered habitable space. . � 0 3. "Heavy e�uipment" means any mechan or motorized device that is not a vehicle or a '� commercial vehicle as defined in 19.08. 030(V), including, but not limited to, a backhoe, e�; cement mixer, crane, ditch witch, doze �, earth mover, generator, grader, tractor or anv � similar device. U 4. "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction, ro ot d exclusive of chimneys, ate antennas or other Entry appurtenances, except . Feature 0 that entry features are a measured to the top of the wall plate. Natural Height restriction shall Grade be established by establishing a line parallel Height Limit for Entry Feaiures to the natural grade. 5. "Home occupatiori' means an accessory activity conducted in a dwelling unit solely by the occupants thereof, in a manner inciderital to residential occupancy, in accord with the provisions of this title. (For further pr�visions, see regulations for home occupation in Chapter 19.92.) 6. "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons, primarily on an in��atient basis, and including ancillary facilities for -10- 4�-15 outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, ernployees or visitors. 7. "Hotel" means a facility containing Y ooms or groups of rooms, generally without individual kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a transient or resiclential occupancy basis, and whether or not eating facilities are available on the premises. �iotel includes motel, motor hotel, tourist court, or similar use, but does not include mobileh�me parks or similar uses. 8. "Household pets" means small animal;; commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or s��ine. This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. I. "I" Definitions: None. L „ T „ Definitions: 1. "Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, includin�; scrap metals or other scrap material, and/or for the dismantling or wrecking of automobi �es or other vehicles or machinery. K. "K" Definitions: 1. "Kitcheri' means an area in habitable sp�.ce used for the preparation of food and including at least three of the following: �a. Cooking appliance(s) or provision fc�r a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters; �b. Counter; �c. Refrigerator; 4d. Sink. L. "L" Definitions: 1. "Landscaping" means an area devoted to or developed and maintained with native or � exotic planting, lawn, ground cover, g�irdens, trees, shrubs, and other plant materials, decorative outdoor landscape elemen� s, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. " 2. "Late evening activities" means an activi ty which maintains any hours of operation during the period of eleven p.m. to �seven a.m. 3. "Legal substandard lot" means any parcE 1 of land or lot recorded and legally created by the County or City prior to March 17, 1980, �rvhich lot or parcel is of less area than required in the zone; or lots or parcels of record whi��h are reduced to a substandard lot size as a result of required street dedication unless othE�rwise provided in the City of Cupertino General -11- 4-16 Plan. The owner of a legally created, sut standard property which is less than six thousand square feet but equal to or greater than Eive thousand square feet may utilize such parcel for residential purposes. The owner of �i legally created parcel of less than five thousand square feet may also develop the site as ;� single-family residential building site if it can be demonstrated that the property was nc�t under the same ownership as any contiguous property on the same street frontage as o:= or after July 1,1984. 4. "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation fc�r below grade rooms. 5. "Liquor store" means a use requiring a Si ate of California "off-sale general license" (sale for off-site consumption of wine, beer and/c�r hard liquor) and having fifty percent or more of the total dollar sales accounted for by be��erage covered under the off-sale general license. 6. "Living space" means habitable space an�i sanitation. 7. "Loading space" means an area used fo�� loading or unloading of goods from a vehicle in connection with the use of the site on wh ch such space is located. � 8. "Lodging" means the furnishing of roorr s or groups of rooms within a dwelling unit or an accessory building to persons other than members of the family residence in the dwelling unit, for overnight occupancy on a resid ential occupancy basis, whether or not meals are provided to such person. Lodging shall be subject to the residential density requirements of the district in which the use is located. 9. "Lodging unit" means a room or group c�f rooms not including a kitchen, used or intended for use by overnight occupants as a sin�;le unit, whether located in a hotel or a dwelling unit providing lodging where designed ��r used for occupancy by more than two persons; each two-person capacity shall be deetned a separate lodging unit for the purpose of determ;ning residential density; each tw�� lodging units shall be considered the equivalent of one dwelling unit. 10. "Lot" or "site' means a parcel of land consisting of a single lot of record, used or intended for use under the regulations of this title �is one site for a use or a group of uses. �a. "Corner lot" means a lot situated at t1e intersection of two or more streets, or bounded on two or more adjacent sides by stre��t lines. �b. "Flag lot" means a lot having access t�� a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. �c. "Interior lot" means a lot other than a corner lot. 4d. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the co�•ner lot, and fronting on the street which intersects or intercepts the street on which the c�rner lot fronts. ae. "Lot area" means the area of a lot m easured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excl uding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot within a street right-of-way whether acquired in fee, easement or �therwise. 11. "Lot coverage" means and encompasses 1he following: -12- 4-17 �a. "Single-family residential use" mean�; the total land area within a site that is covered by buildings, including all projections but excluding ground-level paving, landscape features, lightwelLs, and open recreat onal facilities. �b. "All other uses except single-family � esidential" means the total land area within a site that is covered by buildings, excludilg all projections, ground-level paving, landscape features, and open recreational facilit:es. 12. "Lot depth" means the horizontal dista:lce from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line. 13. "Lot line" means any boundary of a lot. �a. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner lot, the shorter lot line abutting a street, c�r on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. �b. "Interior lot line" means any lot line r �ot abutting a street. �c. "Rear lot line" means the lot line not intersecting a front lot line which is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. 4d. "Side lot line" means any lot line whi�h is not a front or rear lot line. � �e. "Street lot line" means any lot line ab� rtting a street. 14. "Lot of record" means a lot which is p�rt of a subdivision recorded in the office of the County Recorder, or a lot or parcel d �scribed by metes and bounds which has been recorded. 15. "Lot width" means the horizontal distan�:e between side lot lines, measured at the required front setback line. M. "M" Definitions: 1. "Manufacturing" means a use enga�;ed in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing fabrication, assembly, treatment, pack aging of such products, but excluding basic industrial processing of extracted or r�.w materials, processes utilizing inflammable or explosive material (i.e., materials wh:ch ignite easily under normal manufacturing conditions), and processes which creat� hazardous or commonly recognized offensive conditions. 2. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating oi stimulating the external parts of the human body with the hands or with any mechanic��l or electrical apparatus or other appliances or devices with or without such supplemen tary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. 3. "Massage parlor" means a building o:• portion thereof, or a place where massage is administered for compensation or frc�m which a massage business or service for compensation is operated which is not exempted or regulated by the Massage -13- t.-18 Establishment Ordinance as contained i n Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06. 4. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semipermanent housing, designed for ht�man habitation, for carrying persons and property on its own structure, and for being dra�;vn by a motor vehicle, and shall include a trailer coach. 5. "Mobilehome park" means any area or tcact of land where lots are sold, rented, or held out for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the purpose of permanent or semipermanen : housing. 6. "Multiple-fanuly use" means the use of a site for three or more dwelling units which may be in the same building or in separate buildings on the same site. N. "N" Definitions: 1. "Natural grade" means the contour of the land prior to improvements or development, unless otherwise established by a city a��proved grading plan that is part of a subdivision map approval. 2. "Net lot area" means the total area inch�ded within the property lines of a site, excluding the following: �a. Any portion of a site within the right �of-way of an existing public street; �b. The portion of a flag lot constituting the access corridor lying between the front property line and the frontage line of the corridor at the street; � �c. The full width of any legal easement iised for access purposes. 3. "Nightclub" means an establishment prcviding alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service. O. "O" Definitions: 1. "Office" means: �a. "Administrative or executive offices' including those pertaining to the management of office operations or the direction of e:lterprise but not including merchandising or sales services. �b. "Medical office" means a use ��roviding consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of inedical and healing arts for humans, licensed for such practice by the Sta te of California and including services related to medical research, testing and analysi:�. �c. "Professional offices" such as those p��rtaining to the practice of the professions and arts including, but not limited to, archit��cture, dentistry, engineering, law and medicine, but not including sale of drugs or ��rescriptions except as incidental to the principal uses and where there is external evid��nce of such incidental use. 2. "Offse�' means the indentation or projeciion of a wall plane. 3. "Operi' means a space on the grounc. or on the roof of a structure, uncovered and unenclosed. -14- ��-19 4. "Organizational documents" means the cleclaration of restrictions, articles of incorporation, bylaws and any contracts for the mainte�lance, management or operation of all or any part of a community housing project. 5. "Outdoor recreation use" means a priva1:ely owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport or recreation, operated predomina�itly in the open, except for accessory or incidental enclosed services or facilities. � P. "P" Definitions: 1. "Park" means any open space, reserv�ition, playground, swimming pool, golf course; recreation center, or any other area in tY.e City owned or used by the City or County and devoted to active or passive recreations. 2. "Parking area" means an unroofed, pave d area, delineated by painted or similar markings, intended and designed to accommodate ��ne or more vehicles. 3. "Parking facility" means an area on a lc>t or within a building, or both, including one or more parking spaces, together with dr iveways, aisles, turni.ng and maneuvering areas, clearances and sinvlar features, and mE�eting the requirements established by this title. Parking facility includes parking lots, ga� ages and parking structures. �a. "Temporary parking facility" means :�arking lots which are not required under this title and which are intended as interim inprovements of property subject to removal at a later date. 4. "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. Parking space is equivalent to the term "parking stall" and does not include driveways, aisles or other features comprising a parking facility as previously defined in this chapter. 5. "Personal fitness training center" means a facility providing space and equipment, with or without supervision, for group or i�►dividual athletic development, increased skill development in sports activity, or rehabiitative therapy for athletic injury. 6. "Picnic area" means a facility providin�; tables and cooking devices for preparation and consumption of ineals out of doors or wi :hin an unenclosed shelter structure. 7. "Practice range" means a facility provicing controlled access to fixed or movable objects which are used to test and measure accu� acy of discharge from a weapon. 8. "Private educational facility" means a��rivately owned school, including schools owned and operated by religious organization�, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. 9. "Professional office" means a use provid ing professional or consulting service in the fields of law, architecture, design, engineerin;, accounting, and similar professions, including associated testing and prototype develc�pment, but excluding product manufacturing or assembly. . -15- �.-20 10. "Project improvements" means all put�lic road improvements, undergrouncling utility improvements, and improvements to the on-site utility networks as required by the City of Cupertino for a community housing proj �ct. 11. "Projectiori' means architectural eleme�lts, not part of the main building support, that cantilevers from a single building wall c r roof, involving no supports to the ground other than the one building wall from which th e element projects. 12. "Property" means real property which i��cludes land, that which is affixed to the land, and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through 662. a. Property, Adjoining. "Adjoining property" means any unit of real property, excluding lands used as public streets, sharing one or more common points with another property. 13. "Provider" means a person who operate�; a child day care home and is licensed by the State of California. 14. "Public dancel�all" is a building or por�ion thereof used for dancing purposes to and in which the general public is admitted aiid permitted to dance, upon payment of any fee other than compensation, or upon payment of a charge for admission, or for which tickets or other devices are sold, or in which a c�iarge is made for the privilege of dancing with any other person employed for such purposE� by the operator of such establishment, including but not limited to taxi dances, but excl restaurants, hotel rooms and nightclubs in which the dancing is incidental only to 01 her entertainment. � `� t'��#�e '" .,» �,..,,,,,+� t�;,�t,r �� i,.,..,,.. ,..i.,,.,,� ,�,� ,.+;,�, ,-�,,, �F ,.,a b � �� , , , , � a a� � � � � � � .a � �.�� rt�_ r: � � TTQCTI�CCSIZiCR�SCZ.TCCR�' ��Cl'[�0 � 1"1"[G� O � � � � � �7C1i7'�: � Q " " Definitions: None. a� � R. "R" Definitions: � „ • a� � „I��ee�ea��ek�c�i." „�. •,.�„ �,.t.,,,a � •�° u � �i., �, c.. ��,,,,. �,;,.i„ a a �� c��tsed--€�p��c� °°�' �rnu� c��craczc - � 1 1,a 1. �' + 1' + a-«.,'1 �.,,. b � , � ��e� cv� - cruae�S�rc6ivr ? � l. l, ,=.rc�c�i�.7 +,. 1 .7 l. ��E • -/� i 1. "Recreational open space" means opEn space within a community housing project (exclusive of required front setback area s) which shall be used exclusively for leisure and recreational purposes, for the use and e�ijoyment of occupants (and their visitors) of units on the project and to which such occup �nts (and their visitors) have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings and landscaped areas may be included as opE�n space. 2. "Recycling center" means facilities appu rtenant and exterior to an otherwise allowed use, which are utilized for collection of recyclable materials such as metal, glass, plastic, and -16- �.-21 paper stored in mobile vehicles or trail��rs, permanent storage units, or in bulk reverse- vending machines exceeding fifty cubic fE�et in size. � 3. "Religious institutiori' means a seminar�-, retreat, monastery, conference center, or similar use for the conduct of religious activitie s including accessory housing incidental thereto, but excluding a private educational facility. Any such use for which a property tax exemption has been obtained pursuant t� Section 3(� of Article XIII of the Constitution of the State of California and Section 206 c�f the Revenue and Taxation Code of the State of California, or successor legislation, or wluch is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. 4. "Residential care facility" means a buil��ing or portion thereof designed or used for the purpose of providing twenty-fou r-hour-a-day nonmedical residential living accommodations pursuant to the Unifor,n Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individua] resident's participation in group or individual activities such as counseling, recover� planning, medical or therapeutic assistance. Residential care facility includes, but : s not limited to, health facilities as defined in California Health and Safety Code (H&��C) Section 1250 et seq., community care facilities (H&SC Section 1500 et seq.), residential c are facilities for the elderly (H&SC Section 1569 et seq.), and alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11384.11), and other similar care facilities. 5. Restaurant: a. Restaurant, Fast-Food. "Fast-food re:;taurant" means a retail food service establishment in which prepared foods or beverage � are served or sold on or in disposable containers, including those establishments whe��e a substantial portion of the patrons may serve themselves and may consume the fc od and beverages off-site. A separate bar facility for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores, bal�:eries or shops, shall not be considered fast-fooc� restaurants. b. Restaurant, Full Service. "Full-servic e restaurant" means any restaurant which is not a fast-food restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, a separate t ar facility for serving alcoholic beverages is not permitted without a use permit. 6. "Research and development" means � use engaged in study, design, analysis and experimental development of products, processes or services, including incidental manufacturing of products or provisions of services to others. 7. "Residential care home" means the use c f a dwelling unit or portion thereof licensed by the State of California or County of Santa Clara, for care of up to six persons, including overnight occupancy or care for extendE�d time periods, and including all uses defined in Sections 5115 and 5116 of the Califor:lia Welfare and Institutions Code, or successor legislation. 8. "Reverse vending machine" means a me�=hanical device which accepts one or more types of empty beverage containers and issues a c�ash refund or credit slip. -17- ��-22 9. "Rotating homeless shelter" means a sr�elter located in an existing church structure, the shelter provided not to exceed two mc�nths in any twelve-month period at any single location, and the number of occupants n�t to exceed twenty-five, hours of operation not to exceed six p.m. to seven a.m. S. "S" Definitions: 1. "Screened" means shielded, concealed, and effectively hidden from view at an elevation of up to eight feet above ground level on <<djoining sites, or from adjoining sites, within ten feet of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or . landscape feature, or combination thereoE. 2. "Second dwelling unit" means an attacr.ed or a detached residential dwelling unit which provides complete independent living £�cilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling is sit�ated. 3. "Setback line" means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of- way or private road, whether acquired i n fee, easement, or otherwise, or a line otherwise established to govern the location of biiildings, structures or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. 4. Setback Area, Required. "Required sei back area' means open space, unoccupied and unobstructed from the ground upward, E�xcept as provided in this title, between the lot line and the setback line on the same site. �a. Setback Area, Required Front Yard. "Required front-yard setback area" means the setback area extending across the f ront of a lot between the front lot line and the setback line. Front yards shall be mE�asured either by a line at right angles to the front lot line, or by a radial line in the case of a curved front lot line, except flag lots which is the area extending across the full extent of the buildable portion of the flag lot measured from the property line which is parallel to and nearest the street line and at which point the lot width equals a r.unimum of sixty feet. The P1annulg Commission shall have the discretion to modify the provisions of this definition when it improves . the design relationship of the proposf�d buildings to adjacent buildings or parcels. �b. Setback Area, Required Rear Yard. "Required rear-yard setback area" means the area extending across the full width of th � lot between the rear lot line and the nearest line or point of the main building. �c. Setback Area, Required Side Yard. ' Required side-yard setback area" means the area between the side lot line and the nE�arest line of a building, and extending from the front setback line to the rear setback 1 ine. 5. "Shopping center" means a group of �ommercial establishments, planned, developed, owned or managed as a unit, with off-str �et parking provided on the site. 6. "Single-family use" means the use of a s; te for only one dwelling unit. -18- �•-23 7. "Specialty food stores" means uses such as bakeries, donut shops, ice cream stores; produce markets and meat markets, or siYnilar establishments where food is prepared and/or sold primarily for consumption o.�f the premises. 8. "Specified anatomical areas" means: �a. Less than completely and opaquely cc�vered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and �b. Human male genitals in a discernib: y turgid state, even if completely and opaquely covered. 9. "Specified sexual activities" means: �a. Human genitals in a state of sexual sti mulation or arousal; �b. Acts of human masturbation, sexual iltercourse or sodomy; �c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. 10. "Story" means that portion of a building, excluding a basement, between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next abc �ve it. 11. "Street" means a public or private thorou ghfare the design of which has been approved by the City which affords the principal nteans of access to abutting property, including avenue, place, way, drive, lane, boulev��rd, highway, road, and any other thoroughfare except an alley as defined in this chapter. � o +� a. Street, Public. "Public street" means all streets, highwaXs, lanes, places, avenues and �� portions thereof and including exten sions in the len�th and width, which have been � b dedicated by the owners thereof to X�ublic use, ac�uired for public use, or in which a �� public easement for roadway purposE s exists. � a .. 12. "Structure" means that which is built or �:onstructed, an edifice or building of any kind, or o 0 any piece of work artificially built up or composed of parts joined together in some definite U v� manner. a. Structure, Recreational. "Recxeationa'. structure" means any affixed accessory structure � or portion thereof, which functions �or play, recreation or exercise (e.g., pool slides, � playhouses, tree houses, swings, clinibing apparatus, gazebos, decks, patios, hot tubs � .� and pools) but does not include pori:able play structures, such as swings or climbing � apparatus. C 13. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by � a roof structure or similar physical attachment. 14. "Supportive housing" (per CA Health an�i Safety Code 50675.14(b)) means housing with no limit on length of stay, that is occupied b�� the target population, and that is linked to onsite or offsite services that assist the suppo rtive housing resident in retauung the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. 15. "Target populatiori' (per CA Health an3 Safety Code 53260(d)) means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance - -19- 4-24 abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Di sabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare a1d Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting �'rom institutional settings, veterans, or homeless people. T. "T" Definitions: 1. "Transient" means any individual who E�xercises occupancy or is entitled to occupancy by reason of concession, permit, right of a:cess, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy . 2. "Transitional housing" and "transitional housing development" (per CA Health and Safety Code 50675.2 (h)) means buildings ccmfigured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. U. "U" Definitions: 1. "Use" means the conduct of an activity, c►r the performance of a function or operation, on a site or in a building or facility. �a. "Accessory use" means a use which is incidental to and customarily associated with a specified principal use. �b. "Conditional use" means a use listecl by the regulations of any particular district as a conditional use within that district, and allowable therein solely on a discretionary use/conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title. . �c. "Nonconforming use" means a use which is not a permitted use or conditional use authorized within the district in whic h it is located, but which was lawfully existing on October 10, 1955; or the date of an;� amendments thereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. (See "nonco nplying facilities" in this chapter for a definition.) 4d. "Permitted use" means a use listed by the regulations of any particular district as a permitted use within that district, a nd permitted therein as a matter of right when conducted in accord with the regulations established by this title. 5e. "Principal use" means a use whic�h fulfills a primary function of a household, establishxnent, instiiution, or other entity. 2. "Useable rear yard" means that area botulded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or lE ss of the principal structure) may be included in calculation of usable rear yard area. V. "V" Definitions: -20- 4 -25 1. "Vehicle" means any boat, bus, trailer, xr.otor home, van, camper (whether or not attached �� to a pickup truck or other vehicle), mol �ilehome, motorcycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truc:c trailer, utility trailer or recreational vehicle, or parts thereof, or any device by which an.� person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power. � 0 a. Vehicle, commercial. "Commercial vehicle" means a vehicle of a tXpe required to be �� registered under the California Vehic le Code used or maintained for the transportation � of persons for hire, compensation, or profit or desi,gned, used, or maintained primarilX ,� for the transportation of goods. v b. Vehicle, Recreation. "Recreation vehic�le" means a vehicle towed or self-propelled on its o own chassis or attached to the chas�is of another vehicle and designed or used for �, temporar� dwelling, recreational or �ortin� purposes. The term recreation vehicle � includes, but is not limited to, trailers, motor coach homes, converted trucks and buses, o; and boats and boat trailers. �� I j 2. "Visual privacy intrusiori' means uninterrupted visual access from a residential dwelling � a or structure into the interior or exterior areas of adjacent residential structures, which area �'� is either completely or partially private, �iesigned for the sole use of the occupant, and/or '� � which serves to fulfill the interior and/o�� exterior privacy needs of the impacted residence �j � or residences. � W. "W" Definitions: None. X. "X" Definitions: None. Y. "Y" Definitions: 1. "Yard" means an area within a lot, adjc ining a lot line, and measured horizontally, and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title. �a. "Front yard" means a yard measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line. �b. "Rear yard" means a yard measured :nto a lot from the rear lot line, extending between the side yards; provided that for lots laving no defined rear lot line, the rear yard shall be measured into the lot from the rea� most point of the lot depth to a line parallel to the front lot line. �c. "Side yard" means a yard measured into a lot from a side lot line, extending between the front yard and rear lot line. Z. "Z" Definitions: None. -21- • 4-26 ATTACHMENT II CHAPTER 19.10 � PARKING (Partial) 19.100.030 Regulations for Parking and ��g Storage of Vehicles in Various Zones. A. Vehicles Permitted in Residential Zones 1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a � front or street side yard setback area {as- ' ' .. ' or witivn � twelve feet of a public right-of-way in a��ear yard area in all residential zones subject to the ,� following restrictions: U a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot size of ten thousand square feet or less, a maximum of six vehicles are permitted in all other residential zones, unless a grea ter number is approved by the City in conjunction with a development plan. For purpc�ses of counting vehicles, a camper mounted on a pickup truck is considered one vehicle and other sixnilarly vertically stacked components which belong together shall be counted as a single vehicle. Horizontal groupings shall be counted as two ve �ucles; b. Any open vehicle containing trash or debris is prohibited; c. No portion of any vehicle may overh�ing any public right-of-way; d. All vehicles �arked in front, side or back yard areas visible from a street must be parked on a�t permanent impervious or semi-pervious surface. Semi-pervious surfaces include unit pavers, turf block, brick, or other like materials �es and must allow for partial infiltration ��f water. Impervious surfaces include concrete, asphalt or other lil;e materials that do not allow infiltration of water. � Impervious surfaces n�ay not exceed forty percent of the front yard area. .�°- Notwithstanding the above, impervious surfaces may not exceed fifty percent of the � front yard area on a lot less sixty feet in width; •� � e. All vehicles must be either currently registered, where registration is required for legal U operation and in good operating con �ition or have a planned non-operation permit on file with the De�artment of Motor Ve:ucles; f. Residential driveways connecting to a detached garage or carport in the rear yard shall have a minimum width of ten (10) fe��t on lots less or equal to one hundred fifty feet in length. Lots that are more than one �.undred fifty feet in length shall have a minimum driveway width of twelve (12) feet connecting to a detached garage or carport in the rear yard. g. In a new residential development, d:�iveways shall have a minimum clearance of two (2) feet from a building wall, fence, or property line; h. Except on lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area must be parked perpendicular to the street. On lot;; with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area are limited to less than twenty feet in length, unless parked perpendicular to the street. -1- 4 —27 Owners of vehicles made nonconfor�ning by the adoption of this section shall comply with this provision within two years ��f its enactrnent; i. Any commercial vehicle with a m��nufacturer's gross vehicle weight rating of ten thousand pounds or more, or a total combination of motor truck, truck tractor and/or trailers that exceeds sixty feet in length is not pexmitted. j. Heaw equipment and airplanes may be stored on residential property within entirelX � enclosed structures or behind six-fooi-high fencing in interior side yard and rear yard •� setback areas. In no case shall these it�ms be visible from the street even when placed in � permitted areas. Heavy equipment may be temporarily ke�t for construction or '� installation of improvements. U �Provisions A(2)-A(8) and Provisions B- E ufcchanged] 19.100.040 Regulations for Off-Street Parking. � (Provisions A-K unchanged] � L. Farm Equipment. ��Tractors or farm equipment, that are regularly parked within two •�° hundred feet of a�1� street��, on �roperty zoned agricultural (ALgricultural- � residential (A1) or residential hillside (I� shall be screened from '� sight of the street. � U (Provisions M-Q unchanged] -2- 4�-28 ATTACHMENT 2 _- ,.,,.� .. ' .��'1 �� . �x # � a +�I. �P�!: �' �' . 'y � i r �� .1,'I - . ��'", 4 � � �� i` � y�,r � f \ �I� � I I � R � ' .. !I'. S .• . ti � f ' `. : � A . . i ` -� �` Y '.} . L.., � _ �2� •�• f. � � " ' r: rr �.. � � �,�'% �.ra r �.+....� Y �..,_ t 'r �( '` : k.... .��'�, � � � r / J �:�fl� r� f �x` {� *�^ � 1` � .w � �� t d� � a s �. J 5�� c.a�..T� t i � �• z ,��, '� r � ^' ��i �1Y�� t�� •'i °v7r� ■ i✓ {� �R ?� � �� ' d.±�`�" r + ; � t:� . � - "�� /y'.y�� ti �. µ y � �t. ��\, ��.y A- �'��. . . � .:�!.�.+� �� ~ •._ T �' 'L�YP f. ' � .'� `�... ^*' `;�+� U u, i . � Y j � . � ' ' � i I � � '.� - . r�[�^�, i v . 7� M. �� . ^. � s 4 �L 4: '`� � . ° �N. 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' ' " 4-30 ATTACHMENT 3 City of Los Altos Chapter 14.66 GENERAL STANDARDS 1�ND EXCEPTIONS (Partial) 14.66.260 Storage in yards. A. No portion of any required front yard shall be used for the storage of motor vehicles (except automobiles in fully operational condition), au planes, boats, detachable camping apparatus, other miscellaneous mobile equipment, parts of any �f the foregoing, or building materials (except building materials reasonably required for construction work on the premises pursuant to a valid and existing building permit issued by the city); provided, however, the property described in this subsection may be placed in the required front yard area for the purposes of loading, unloading, or other acts incidental to preparation for subseqiient use for a period not to exceed three days in any one week. B. The prohibitions relating to storage set forth in subsection A of this section shall apply to required side yards of corner lots except when a fence has been legally constructed, pursuant to city regulations, of sufficient height and of a type which reasonably screens the stored property from public view and reasonably prevents it fr�m becoming a nuisance by attraction to children. C. "Storage," as used in this section, shall mean the physical presence of the prescribed property, or any portion thereof, within the required fro�lt or side yard area for property within any zoned area, as the same is set forth and delineated in this chapter. D. "Week" as used in this section, shall mean �:he period from midnight Sunday to midnight the following Sunday. E. "Day," as used in this section, shall mean tY.e period of time from any midnight to the following midnight. F. A fraction of a day shall be deemed an enti�e day for the purposes of computing time pursuant to the provisions of this section. (Ord. 07-306 § 6(part); Ord. 04-267 § 6(part); C►rd. 03-248 � 3, 2003: Ord. 02-408 � 2: prior code � 10- 2.2727) City of Santa Clara Chapter 18.82 PR.OHIBITED ACTIVITIES IN RESIDENTIAL DISTRICTS Sections: 18.82.010 Activities prohibited. 18.82.020 Storage of commercial vehicles. 18.82.030 Other information applicable to residential zone districts. 18.82.010 Activities prohibited. Any of the acts specified in subsection (a) of this section, when performed, maintained, permitted, or allowed in any of the front yard or side yarc� areas specified in subsection (b) of this section, are hereby declared to be public nuisances and are unlawful. Every person who creates, maintains, 4-31 permits, or allows such nuisance upon his/her property or the premises of another who creates, maintains, permits, or allows any such nuisance thereon, is guilty of a misdemeanor and shall be punished accordingly. (a) The following acts are prohibited in the are�is specified in subsection (b) of this section: (1) Aircraft. The parking, storing, keeping, wre�king, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, putting together, repairing, painting, washing, cleaning, or servicing, in any such area, of any �irplane or other aircraft, or any part or parts thereof. (2) Household or Construction Property; Wrec:ced, Disabled, or Inoperative Vehicles. The parking, storing, or keeping in any such area, for a peric�d of time in excess of seventy-two (72) consecutive hours, of any household appliance, other hous��hold equipment, machinery, or furniture; or of any motor vehicle that is unregistered with the De��artment of Motor Vehicles, or is wrecked, dismantled, or inoperable, or of any part there��f; or of any construction equipment, machinery, or materials. Construction equipment, machinery, or materials temporarily kept within such area for and during the improvement of the lot within �Nhich such area is situated, or the construction or installation of improvements of facilities therei n, are exempt from this prohibition. (b) The following are the front yard and side y,�rd areas within which the acts above specified in subsection (a) are prohibited. (1) The front building setback area, the street s: de yard area, and all other open areas that are visible from the public right of-way of any intE rior or corner lot that is situated within any residential district established by or pursuant to the provisions of this title. The items specified in subsection (a) of this section shall only be pernutted within entirely enclosed structures or behind six-foot-high fencing in interior side yard and :�ear yard setback areas. In no case shall these described items be visible from the public righ t-of-way even when placed in permitted areas. (c) For purposes of determining whether a mo1:or vehicle or airplane or other item of property has been unlawfully parked, stored, or kept in any area for a period of time in excess of seventy-two (72) consecutive hours, the hours during whicl► such is done, maintained, permitted, or allowed shall be deemed consecutive notwithstanding he fact that such property may have been removed from the restricted setback area for an intervering period of time if such intervening period of time is less than seventy-two (72) hours or if the prc�perty in question is parked, stored, or kept during such intervening period of time within or upo�i any public street. (Zoning Ord. � 41-1). 18.82.020 Storage of commercial vehicles. T'he storage or parking of a commercial vehiclE� is hereby prohibited in any of the residential zoning districts, except while loading or unloading or providing a commercial service to a residence in any such zoning district. For the purpose of this section, a"commercial �ehicle" is defined as a vehicle with commercial license plates, that is equipped with dual rear �vheels, and is not designed and used for recreational housing purposes. (Zoning Ord. � 41-2). 18.82.030 Other information applicable to res idential zone districts. More in.formation on specific standards for residentially zoned districts can be found in Chapter 18.10 SCCC (R1-6L) through Chapter 18.20 SC��C (R3-36D). (Zoning Ord. � 41-3). ��-32