03-01-11 Bookmarked Packet.pdfTable of Contents
Agenda 3
February 1 City Council minutes
Draft Minutes 9
Accounts Payable for period ending February 4, 2011
Draft Resolution 20
Accounts Payable for period ending February 11, 2011
Draft Resolution 31
Donation of a bench in honor of Hazel Fretwell from the
Cupertino Historical Society
Staff Report 42
Attachment A 44
Agreement between Fremont Union High School District,
Cupertino Union School District, and City of Cupertino
Staff Report 45
Attachment A 47
Attachment B 51
Alcoholic Beverage License, Gochi Japanese Fusion Tapas,
19980 Homestead Road (Oakmont Shopping Center @ Blaney)
Staff Report 53
Application for Alcoholic Beverage License 54
Alcoholic Beverage License, Guan Dong House, 10851 North
Wolfe Road (Cupertino Village)
Staff Report 55
Application for Alcoholic Beverage License 56
Alcoholic Beverage License, Gyu-Kaku Cupertino, 19620
Stevens Creek, Suite 150 (Marketplace)
Staff Report 57
Application for Alcoholic Beverage License 58
Planning Commission recommendation to select Winnie Lee as
the Environmental Review Committee representative
Staff Report 59
Municipal Improvements, Richard G. Hernandez and Sara R.
Hernandez, 10205 Imperial Avenue, APN 357-18-007
Staff Report 60
Map 61
City Project, Sterling Barnhart Park, Project No. 2008-9126
Staff Report 62
Quitclaim Deed and Authorization for Underground Water
Rights, Apple Inc., 19050 Pruneridge Avenue, APN 316-06-033
Resolution 63
Quitclaim Deed 64
Map 68
Quitclaim Deed and Authorization for Underground Water
Rights, Stephen Wu and Chinling Lee, 10108 South Tantau
Avenue, APN 375-07-040
1
Resolution 69
Quitclaim Deed 70
Map 74
Authorize applications for grant funding from the Santa Clara
Valley Water District’s Clean Safe Creeks and Natural Flood
Protection Program of 2000 for Stevens Creek Corridor Park
Phase II, Project 9136
Staff Report 75
Resolution - Application to Environmental Enhancement
Implementation Grant Program 77
Resolution - Application to Trail and Open Space Grant
Program 78
Parking Ordinance Amendment
Staff Report 79
A. Draft Ordinance 81
B. Planning Commission Minutes for 10/12/10 106
C. Planning Commission Resolution No. 6613 110
D. Planning Commission Staff Report 10-12-2010 111
E. Strikethrough version of Chapter 19.08 (Definitions)
and 19.100 (Parking)(Partial)114
Coffee Society Lease
Staff Report 138
Lease Agreement 140
Association of Bay Area Governments (ABAG)/ Metropolitan
Transportation Commission (MTC)- Sustainable Communities
Strategy and the Subregion Regional Housing Needs Allocation
(Sub RHNA) Process
Staff Report 150
A. ABAG/MTC SCS staff report to the Planning
Commission dated January 25, 2011 155
B. Timeline for the SCS, RTP and RHNA process 161
Select date for Teen Commission interviews
Staff Report 164
2
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, March 1, 2011
6:00 PM
CITY COUNCIL MEETING
ROLL CALL – 6:00 PM
CLOSED SESSION
1. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800
Torre Avenue, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential
lessee; Under Negotiation: Lease - price and terms of payment
Page: No written materials in packet
2. Subject: Conference with Legal Counsel - Significant Exposure to Litigation (Gov't Code
54956.9(b)) (One case)
Page: No written materials in packet
PLEDGE OF ALLEGIANCE – 6:45 PM
ROLL CALL
CEREMONIAL MATTERS – PRESENTATIONS
3. Subject: Proclamation recognizing the Homestead High School Future Business Leaders of
America's Community Service Project
Recommended Action: Present proclamation
Page: No written materials in packet
4. Subject: Library Commission presentation of 2010 accomplishments
Recommended Action: Receive presentation
Page: No written materials in packet
POSTPONEMENTS
WRITTEN COMMUNICATIONS
3
Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
5. Subject: February 1 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 9
6. Subject: Accounts Payable for period ending February 4, 2011
Recommended Action: Adopt Resolution No. 11-027
Draft Resolution
Page: 20
7. Subject: Accounts Payable for period ending February 11, 2011
Recommended Action: Adopt Resolution No. 11-028
Draft Resolution
Page: 31
8. Subject: Donation of a bench in honor of Hazel Fretwell from the Cupertino Historical
Society
Recommended Action: Accept bench donation
Staff Report
Attachment A
Page: 42
9. Subject: Agreement between Fremont Union High School District, Cupertino Union School
District, and City of Cupertino
Recommended Action: Authorize City Manager to execute the First Amendment to
Agreement that is substantially similar to the form attached hereto as Attachment B
Description: This extends the agreement between the Fremont Union High School District,
the Cupertino Union School District, and the City of Cupertino for congestion and safety
measures around Monta Vista High School, Kennedy Middle School, and Lincoln
Elementary School
Staff Report
Attachment A
Attachment B
Page: 45
4
Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
10. Subject: Alcoholic Beverage License, Gochi Japanese Fusion Tapas, 19980 Homestead Road
(Oakmont Shopping Center @ Blaney)
Recommended Action: Approve application for On-Sale General for Bona Fide Public
Eating Place
Staff Report
Application for Alcoholic Beverage License
Page: 53
11. Subject: Alcoholic Beverage License, Guan Dong House, 10851 North Wolfe Road
(Cupertino Village)
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place
Staff Report
Application for Alcoholic Beverage License
Page: 55
12. Subject: Alcoholic Beverage License, Gyu-Kaku Cupertino, 19620 Stevens Creek, Suite 150
(Marketplace)
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place
Staff Report
Application for Alcoholic Beverage License
Page: 57
13. Subject: Planning Commission recommendation to select Winnie Lee as the Environmental
Review Committee representative
Recommended Action: Accept the recommendation
Staff Report
Page: 59
14. Subject: Municipal Improvements, Richard G. Hernandez and Sara R. Hernandez, 10205
Imperial Avenue, APN 357-18-007
Recommended Action: Accept Municipal Improvements
Description: The applicants have completed City-specified improvements in the City right-of-
way including sidewalk, driveway approach, curb & gutter and paving as required by the
improvement agreement with the City
Staff Report
Map
Page: 60
15. Subject: City Project, Sterling Barnhart Park, Project No. 2008-9126
Recommended Action: Accept Project No. 2008-9126
Description: The work consisted of the construction of a new park
Staff Report
Page: 62
5
Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
16. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Apple Inc.,
19050 Pruneridge Avenue, APN 316-06-033
Recommended Action: Adopt Resolution No. 11-029
Description: The property owner of this commercial development agrees to grant to the City
the right to extract water from the basin under the overlying property
Resolution
Quitclaim Deed
Map
Page: 63
17. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Stephen Wu and
Chinling Lee, 10108 South Tantau Avenue, APN 375-07-040
Recommended Action: Adopt Resolution No. 11-030
Description: The property owners of this residential development agree to grant to the City
the right to extract water from the basin under the overlying property
Resolution
Quitclaim Deed
Map
Page: 69
18. Subject: Authorize applications for grant funding from the Santa Clara Valley Water
District’s Clean Safe Creeks and Natural Flood Protection Program of 2000 for Stevens
Creek Corridor Park Phase II, Project 9136
Recommended Action: Adopt Resolution Nos. 11-031 and 11-032, authorizing applications
for grant funding
Staff Report
Resolution - Application to Environmental Enhancement Implementation Grant Program
Resolution - Application to Trail and Open Space Grant Program
Page: 75
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
19. Subject: Parking Ordinance Amendment
Recommended Action: Approve recommended amendments to the Parking Ordinance and
conduct the first reading of Ordinance No. 11-2074
Description: Application: MCA-2010-05; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Municipal Code Amendment to Chapter 19.100 (Parking Ordinance)
of the Cupertino Municipal Code to clarify language regarding storage and parking of
vehicles. "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 planned non-operational vehicles in residential
zones"
Staff Report
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Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
A. Draft Ordinance
B. Planning Commission Minutes for 10/12/10
C. Planning Commission Resolution No. 6613
D. Planning Commission Staff Report 10-12-2010
E. Strikethrough version of Chapter 19.08 (Definitions) and 19.100 (Parking)(Partial)
Page: 79
UNFINISHED BUSINESS
20. Subject: Coffee Society Lease
Recommended Action: Authorize the City Manager to execute a one year lease with the
Coffee Society, with the option granted to the Coffee Society to extend this initial term with
two additional one year periods
Staff Report
Lease Agreement
Page: 138
NEW BUSINESS
21. Subject: Association of Bay Area Governments (ABAG)/ Metropolitan Transportation
Commission (MTC)- Sustainable Communities Strategy and the Subregion Regional
Housing Needs Allocation (Sub RHNA) Process
Recommended Action: Do not create a subregion for the FY 2014-2022 Regional Housing
Needs Allocation (RHNA) process
Staff Report
A. ABAG/MTC SCS staff report to the Planning Commission dated January 25, 2011
B. Timeline for the SCS, RTP and RHNA process
Page: 150
22. Subject: Select date for Teen Commission interviews
Recommended Action: Accept the following deadlines: Applications due in the City Clerk’s
Office Fri, May 13; Interviews held beginning at 3:30 p.m. Tues, May 24 (and Wed, May 25
as needed)
Staff Report
Page: 164
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
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Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days
after a decision is announced unless a shorter time is required by State or Federal law.
Any interested person, including the applicant, prior to seeking judicial review of the city council’s
decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city
clerk within ten days after the council’s decision. Any petition so filed must comply with municipal
ordinance code §2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance,
please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the
packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300
Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
8
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular and Special Meetings
Tuesday, February 1, 2011
CITY COUNCIL SPECIAL MEETING
CALL TO ORDER
At 6:40 p.m. Mayor Gilbert Wong called the special meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California.
ROLL CALL
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang,
Orrin Mahoney, and Kris Wang (6:50). Absent: none.
CLOSED SESSION
1. Subject: Conference with legal counsel – Initiation of Litigation (Gov’t Code 54956.9(c)) –
One case
Council recessed to a closed session at 6:40 p.m., and reconvened in open session at 7:45
p.m.
Mayor Gilbert Wong reported that the City Council met in closed session, received a briefing
from legal counsel, and gave direction. No action was taken.
CITY COUNCIL REGULAR MEETING
PLEDGE OF ALLEGIANCE
At 7:45 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang,
Orrin Mahoney, and Kris Wang. Absent: none.
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February 1, 2011 Cupertino City Council Page 2
CLOSED SESSION – None.
CEREMONIAL MATTERS – PRESENTATIONS
1. Subject: Proclamation recognizing the Santa Clara County Library, the Friends of the
Cupertino Library, and the Cupertino Library Foundation for their support of the 9th Annual
Silicon Valley Reads
Recommended Action: Present proclamation
Mayor Wong noted that the because of the late start time of the meeting, the recipients could
not stay, so the proclamation will be presented at the next Council meeting. Mayor Wong
reminded everyone about the upcoming event for the Library’s 9th Annual Silicon Valley
Reads program.
POSTPONEMENTS
Staff requested a continuation of item No. 19, a Petition for Reconsideration of the City
Council’s November 29, 2010 decision to deny an appeal of a Director's Approval for a personal
wireless service facility at 11371 Bubb Road, (T-Mobile) because the appellant had sent an email
indicating that he had not had time to review the applicant’s information.
City Attorney Carol Korade explained that a postponement is not an opportunity for either party
to continue the item multiple times. She recommended a postponement so a complete hearing
could take place at one time, but that anyone present who wished to speak on the matter should
do so tonight.
Shaul Berger, the appellant, indicated that he did not want a postponement and that he never
asked for one. He stated that he originally did not think he would have time to analyze the new
information, but did after all have time to review what information he received.
Korade noted that if Mr. Berger wanted to proceed, he would have to retract his email from
yesterday in which he stated that he did not think he had enough time to respond.
Mr. Berger stated that he could proceed tonight based on what he knows and was made available
to him.
Korade reported that she had talked to the applicant who indicated that they could adequately
address the item unless council requested substantive information about electromagnetic fields
(EMF).
Willie Leu stated he provides technical support for Mr. Berger and was ready to proceed.
Applicant Dayna Aguirre, of Sutro Consulting representing T-Mobile, indicated that they were
originally prepared to proceed, but had sent their team home upon receiving notice of the
recommendation to postpone. She noted that they were willing to move forward but that all the
10
February 1, 2011 Cupertino City Council Page 3
experts to speak about the EMF issues, radio frequency, and coverage maps were not present.
She reserved the right to request a continuance if technical expertise was needed.
Mahoney moved and Wang seconded to continue the item to March 15.
The applicant agreed to the continuance.
The motion carried with Chang voting no.
WRITTEN COMMUNICATIONS
City Clerk Kimberly Smith distributed the following written communications:
· Page 2 of the minutes of the Special Meeting of January 4, with typographical corrections
· Page 6 and 8 of the minutes of the Regular meeting of January 4, with typographical
corrections
For item No. 18, Green Building Ordinance:
· A corrected first page of the staff report (pages 280 and 281 of the packet)
· A copy of the staff PowerPoint presentation
· Email from Myron Crawford dated January 29, 2011 opposed to the Green Building
Ordinance
· Email from the Building Industry of the Bay Area dated January 31 requesting
continuance to allow stakeholder participation
· Letter dated Feb. 1 from the Silicon Valley Association of Realtors requesting another
round of focus groups and stakeholder meetings
For Item No. 19, T-Mobile wireless facility on Bubb Road
· Emails from Shaul Berger dated January 27 and 31 remarking upon radio frequency
calculations provided by T-Mobile
· A letter dated Jan 27, 2011 from Mackenzie & Albritton LLP requesting Council to reject
the Petition for Reconsideration
· A letter dated January 31 from Hammett & Edison, Consulting Engineers, stating that
there is no discrepancy between the T-Mobile calculations and Mr. Berger’s analysis after
making one correction to the calculations
For Item No. 20, Scenic Circle Access
· Email from Rhoda Fry objecting to the process taken on this project
· A memorandum from Public Works Director Timm Borden to City Council in response
to an email from Rhoda Fry
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February 1, 2011 Cupertino City Council Page 4
· Emails from Jaya Krishnamoorthy, Anne Ng, and Suman Cherukuri, Judy Wilson, Sonya
Liang, Patricia Rod, Carol Lim, Rune Jensen, Leon Burda, Alla Burda, Jenna Woodul,
Janet Trankle,Atul Tambe, Gerard Pallipuram, Lola Kashyap, Sally Nettleton, Tom
Scannell, Kumuran Sangareddi, and Yi Huang in support of staff’s recommendation to
open Scenic Circle access
· Email from Susan Sievert asking for additional public dialogue and making suggestions
for the golf course;
· Email from Carol Stanek in favor of opening Scenic Circle access to the trail and
commenting on the environmental review, costs, and the winter schedule
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Mahoney moved and Wang seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 9 and 11, which were pulled for discussion. Ayes:
Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None.
2. Subject: January 4 City Council minutes, special meeting
Recommended Action: Approve minutes as amended by the City Clerk
3. Subject: January 4 City Council minutes, regular meeting
Recommended Action: Approve minutes as amended by the City Clerk
4. Subject: Accounts Payable for period ending January 7, 2011
Recommended Action: Adopt Resolution No.11-008
5. Subject: Accounts Payable for period ending January 14, 2011
Recommended Action: Adopt Resolution No. 11-009
6. Subject: Accounts Payable for period ending January 21, 2011
Recommended Action: Adopt Resolution No.11-010
7. Subject: Payroll for period ending January 7, 2011
Recommended Action: Adopt Resolution No.11-011
8. Subject: Payroll for period ending January 21, 2011
Recommended Action: Adopt Resolution No. 11-012
10. Subject: Add Annex to Disaster Plan for care of animals
Recommended Action: Approve as an Annex to the Cupertino Emergency Plan
12. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Sanjoy K.
Poddar and Sadia Rupa Poddar, 10145 Camino Vista Drive
Recommended Action: Adopt Resolution No. 11-014
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February 1, 2011 Cupertino City Council Page 5
13. Subject: Improvement Agreement, Sanjoy K. Poddar and Sadia Rupa Poddar, 10145 Camino
Vista Drive
Recommended Action: Adopt Resolution No. 11-015
14. Subject: Alcoholic Beverage License, Cupertino Liquors, 7335 Bollinger Road, Suite F (near
Red Crane)
Recommended Action: Approve application for Off Sale General
15. Subject: Alcoholic Beverage License, Kong Tofu & BBQ, 19626 Stevens Creek Boulevard
(Marketplace, former Wahoo's)
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place
16. Subject: Alcoholic Beverage License, Rite Aid 5967, 20580 East Homestead Road (PW
Market Shopping Center)
Recommended Action: Approve application for Off Sale General
17. Subject: Alcoholic Beverage License, Village Falafel, 20010 Stevens Creek Boulevard
(SWC at Blaney)
Recommended Action: Approve application for On-Sale Beer and Wine for a Bona Fide
Public Eating Place
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
9. Subject: Approve destruction of records from the City Clerk and Parks & Recreation
(Quinlan and Senior Center) departments
Recommended Action: Adopt Resolution No. 11-013
Council member Santoro asked for additional detail on records related to Scenic Circle and
the Blue Pheasant Restaurant. Parks and Recreation Director Mark Linder stated that he had
reviewed both of the files and recommended destruction of the obsolete Blue Pheasant
document since it had been superseded with a more current contract. He recommended
retaining the Scenic Circle materials so that the new Public Works Director can review them.
Santoro moved and Mahoney seconded to adopt Resolution No. 11-013 to approve
destruction of records as described in the attachment, with the exception of the file about
Scenic Circle. The motion carried unanimously.
11. Subject: Endorse council opposition to Governor Brown’s budget proposal to eliminate
redevelopment agencies
Recommended Action: Accept Legislative Committee recommendation
Council member Wang expressed concern about the process for bringing Legislative Review
Committee recommendations to Council. She noted that her understanding was that bills
come down from the State to the Legislative Action Committee or City Association first, and
are then forwarded to Council with a recommended position.
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February 1, 2011 Cupertino City Council Page 6
Council member Mahoney stated that Council had received items from other agencies in the
past and that they were not violating any process.
Mayor Wong indicated that items need to be dealt with on a case by case basis. Some items
are time sensitive and cannot wait for review by committees. He suggested that Wang work
offline with other Council members who may want to discuss the process at another meeting.
Vice Mayor Santoro said he did not wish to tell people how to vote on issues, but
acknowledged that items have come to the Committee for review both with and without
Council knowledge in the past.
Council member Chang expressed concern regarding the language of the proposal, but said
he did not have any issue with the process.
Mahoney moved to endorse Council opposition to the Governor’s budget proposal to
eliminate redevelopment agencies. Wong seconded for purposes of discussion.
Wong felt that supporting the opposition was in the best interest of the City and urged fellow
Council members to support the recommendation.
Chang expressed concern regarding the language.
The motion failed 3-2, with Wong and Mahoney voting yes, so the Council will take no
position on Governor Brown’s budget proposal.
PUBLIC HEARINGS
18. Subject: Green Building Ordinance (Continued from Jan 18)
Recommended Action: Conduct first reading of Ordinance No. 11-2074 and adopt
Resolution No. 11-016
Description: Application: MCA-2010-04; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Municipal Code Amendment to adopt a Green Building Ordinance;
"An Ordinance of the City Council of the City of Cupertino establishing Chapter 19.78 to
create a Green Building Ordinance"
The City Clerk distributed the following written communications:
· A corrected first page of the staff report (pages 280 and 281 of the packet)
· A copy of the staff PowerPoint presentation
· Email from Myron Crawford dated January 29, 2011, opposed to the Green Building
Ordinance
· Email from the Building Industry of the Bay Area dated January 31 requesting
continuance to allow more stakeholder participation
Senior Planner Aki Honda Snelling reviewed the staff report.
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February 1, 2011 Cupertino City Council Page 7
Jennifer Griffin said she was pleased with the City’s effort on the ordinance, but was opposed
to giving incentives to developers for lead certification, off-street parking, and story poles.
Myron Crawford, Berg and Berg, said he was opposed to the ordinance. He stated that he
believed code development should be dealt with by the State and code committees. He
suggested that the City follow the CAL Green standards for now and not add additional costs
to developers.
Adam Montgomery spoke on behalf of Silicon Valley Association of Realtors and said he
was opposed to the ordinance. He noted that renovations were not defined, the 85 percent
standard was not justified, and the fees appear to be a penalty which could cause a potential
down zoning of property.
Kevin McClelland, spoke on behalf of the Cupertino Chamber of Commerce. Mr.
McClelland requested that a review of the issues in the use of locally produced materials be
done. He also noted that there should be more clarity around the renovation as issues and
reviews should apply only to the new work.
Mark Burns, local real estate agent and member of SILVAR, spoke in opposition to the draft
ordinance. He stated that it was hastily prepared, far more aggressive than what was talked
about during the focus group meetings, and 85 points was too high. He suggested taking a
cautious approach, follow CAL Green standards, and that a new draft go back to the focus
groups.
Ricky Shen, new homeowner in Cupertino, stated that the fees and requirements of the
ordinance would make a renovation to his home impossible to complete.
David Kaneda, former Planning commissioner, noted that the issue of uniformity was a
concern and that most cities want to have similar ordinances to maintain a balance in
developments. He recommended starting with something that could be updated and revisited
in the future as needed.
Walker Wells clarified that the Santa Clara City Association had put together Phase II as a
template for private sector development, but cities go through an internal process to develop
requirements for their own city. He also noted that public workshops were held, and in the
second one, they went item by item through the proposed draft and talked about options
related to stringency, general approach, and outreach.
The Council members offered their comments:
Mahoney stated that he was opposed to adding incentives.
Wang was concerned that the focus group only accounted for a small percentage of the draft,
the cost factor was too high, and incentives were too costly. She also supported educational
workshops for the public.
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February 1, 2011 Cupertino City Council Page 8
Community Development Director Aarti Shrivastava responded that the focus groups had
been informed of every meeting and staff also held workshops with them. She noted that
staff could offer a draft closer to Phase II for Council and felt that would be productive.
Chang expressed concern that the cost may be too high without actually reducing energy
costs.
Wong felt that 85 points was too high of a requirement; the second deposit was also too high;
and multi-family units one through four should be treated the same, but larger complexes
could be higher. He also preferred having the draft stay at the council level and asked that
Mr. Walker provide a brief presentation with cost examples.
Walker Wells presented a brief presentation showing examples of projected costs, future
energy savings, and investment repayment. He noted that there were benefits such as
reduction in energy and water costs, increased durability, more valuable working and living
environments. Soft costs are registration fee, certification fee, consultant or rate fee, extra
design time, and building commissioning (LEED). Hard costs are material and equipment
upgrade costs. Extra costs for energy measures would be about $40,000 for a multi-family
home and about $4,000 for a single family home. There would be about a 20-35 year
payback with respect to energy savings for a single family home for $10,000 of extra costs.
Mahoney Wang moved and Wang seconded to continue this item to a future meeting to
incorporate what was discussed tonight at this public hearing.
Shrivastava said staff would also explore what other cities are doing to incentivize green
building practices in existing structures.
Wong requested a single family residential cost estimate of a remodel in addition to the green
ordinance, including fees, consultants, and deposit. He also asked for an example for a multi-
family unit and a comparison of single family to multi-family, such as an 8 or 9-unit
subdivision, as well as for office and commercial uses, to include the deposit, costs, and
certification. He asked to see something more Cupertino-centric if possible.
Santoro suggested lowering points to 50 on pages 283 and 284; deleting renovations on the
second section; changing the square footage amount to less than 10,000 for small, 10,000-
50,000 for mid-size, and greater than 50,000 for large on page 284; delete the $1 million
evaluation for square footage on page 285; and reduce fees by half on page 286. He also
preferred to see an expert involved early on in the preliminary plans to save money and time
and preferred incentives such as expediting plan checking and floor area ratio (FAR), but
opposed the story poles and parking spaces.
Wong, Wang, and Santoro concurred that they would like to have a hard copy of the updated
draft go back to the Chamber of Commerce, the focus groups, and all stakeholders as well as
anyone who spoke at the meeting tonight, to obtain their comments.
The motion to continue carried 3-2 with Chang and Santoro voting no.
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February 1, 2011 Cupertino City Council Page 9
UNFINISHED BUSINESS – None
NEW BUSINESS
19. Subject: Petition for reconsideration of the City Council’s November 29, 2010 decision to
deny an appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb
Road
Recommended Action: Conduct a hearing on a petition for reconsideration regarding the
City Council’s decision on the wireless communications facility at 11371 Bubb Road; adopt
Resolution No. 11-017, denying the Petition of Shaul Berger seeking Council reconsideration
of its decision to approve the wireless communications facility at 11371 Bubb Road
Description: Application: DIR-2010-28 Appeal; Applicant: Dayna Aguirre (for T-Mobile);
Appellant/Petitioner: Shaul Berger; Location: 11371 Bubb Road, APN 356-23-047;
Application Summary: Petition for reconsideration of the City Council’s November 29, 2010
decision to deny an appeal of a Director's Approval for a personal wireless service facility
with three panel antennas and four associated equipment boxes to be installed on an existing
PG&E pole located in front of 11371 Bubb Road
The City Clerk distributed the following written communications:
· Emails from Shaul Berger dated January 27 and 31 remarking upon radio frequency
calculations provided by T-Mobile
· A letter dated Jan 27, 2011 from Mackenzie & Albritton LLP requesting Council to reject
the Petition for Reconsideration
· A letter dated January 31 from from Hammett & Edison, Consulting Engineers, stating
that there is no discrepancy between the T-Mobile calculations and Mr. Berger’s analysis
after making one correction to the calculations
Action: In the “Postponements” section, the City Council voted 4-1, with Chang voting no, to
continue this item to March 15.
Council recessed from 11:00 p.m. to 11:12 p.m.
20. Subject: Scenic Circle Access Project
Recommended Action:
1. Adopt the mitigated negative declaration CEQA documents; and,
2. Authorize the winter schedule alternative as depicted in the base bid; and,
3. Authorize the inclusion of Add Alternates 1 and 2 for a total of $10,940; and,
4. Authorize the current budget of $235,000 to be adjusted upward by $125,000 for a total
budget of $360,000 using excess funds from the Blackberry Farm Infrastructure Upgrades
project; and,
5. Authorize the City Manager to Execute a contract with Pavex, Inc. for the construction of
Scenic Circle Access not to exceed $159,735, plus the Add Alternates, if approved; and,
6. Authorize the expenditure of up to $30,000 for change orders for unforeseen site
conditions and construction contingency
The City Clerk distributed the following written communications:
17
February 1, 2011 Cupertino City Council Page 10
· Email from Rhoda Fry objecting to the process taken on this project
· A memorandum from Public Works Director Timm Borden to City Council in response
to an email from Rhoda Fry
· Emails from Jaya Krishnamoorthy, Anne Ng, and Suman Cherukuri, Judy Wilson, Sonya
Liang, Patricia Rod, Carol Lim, Rune Jensen, Leon Burda, Alla Burda, Jenna Woodul,
Janet Trankle,Atul Tambe, Gerard Pallipuram, Lola Kashyap, Sally Nettleton, Tom
Scannell, Kumuran Sangareddi, and Yi Huang in support of staff’s recommendation to
open Scenic Circle access
· Email from Susan Sievert asking for additional public dialogue and making suggestions
for the golf course;
· Email from Carol Stanek in favor of opening Scenic Circle access to the trail and
commenting on the environmental review, costs, and the winter schedule
Public Works Director Timm Borden reviewed the staff report and answered questions
regarding removal of the old gate, costs associated with the winter schedule, design, and type
of funding to be used. He also explained the bidding process as it related to the Blackberry
Farm Infrastructure Upgrade Project. He noted that bids for both projects were advertised at
the same time and that one bidder purchased plans and specs for both projects, but was not
notified of the substantial addendum which included a retaining wall. He stated that due to
the importance of both projects and the conflicts associated with the Blackberry Farm
summer schedule a decision was made to postpone bids until later in summer.
Anne Ng commended the staff for coming up with a plan which accommodates the
neighbors.
Carol Stanek encouraged Council to move ahead with the project, take necessary precautions
to protect any birds that may be nesting during construction, and to open the access before
school begins.
Mahoney moved and Wang seconded to adopt item No. 1, the mitigated negative declaration
CEQA documents. The motion carried unanimously.
Mahoney moved and Santoro seconded to adopt item Nos. 2 through 6.
Wang offered a friendly amendment to fund the project directly from the general fund and
next year when there is a surplus to pay that amount back, to reduce the budget from one
project (Blackberry Farm Infrastructure Upgrade Project) and increase the other one at the
same time.
The Public Works Director explained that the Infrastructure Upgrade Project has more than
sufficient funds to provide the needed funds for the Scenic Circle Access Project.
The Council members discussed a number of funding options.
Mahoney and Wong agreed to accept the friendly amendment to adopt item Nos. 2-6,
amending item No. 4 to read “Authorize the current budget of $235,000 to be adjusted
18
February 1, 2011 Cupertino City Council Page 11
upward by $125,000 for a total budget of $360,000 using funds from the Capital
Improvement Projects budget. The motion carried unanimously.
21. Subject: Blackberry Farm Infrastructure Upgrade Project
Recommended Action: Authorize the Director of Public Works to reject all bids and re-bid
the project
Mahoney moved and Santoro seconded to reject all bids and re-bid the project. The motion
carried unanimously.
ORDINANCES - None
STAFF REPORTS- None
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 12:10 a.m. on Wednesday, February 2, the regular meeting was adjourned to February 15,
5:00 p.m., for a closed session.
____________________________
Kimberly Smith, City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are available
for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org.
Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then
click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased
from the Cupertino City Channel, 777-2364.
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PARKS AND RECREATION DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Request from the Cupertino Historical Society to donate a bench in memory of Hazel Fretwell.
Recommended Action
Accept a bench from the Cupertino Historical Society in memory of Hazel Fretwell.
Background
Hazel Fretwell was a long-time resident of Cupertino, a past president of the Cupertino
Historical Society, and the mother of Grace Fretwell Hugger who writes the Roots column for
the Cupertino Scene. The Cupertino Historical Society purchased a bench that the Cupertino
Rotary made as a memorial gift for Hazel. Gail Fretwell Hugger would like it placed along the
Stevens Creek Trail.
Discussion
Cupertino Resolution No. 03-162 adopts policies and procedures for recognizing donors. A
donation which is accepted by the city council may be recognized by a plaque affixed to the
appropriate structure or furnishing. In this case, if the City Council accepts the bench donation
from the Cupertino Historical Society, a plaque in recognition of Hazel Fretwell would be placed
on the bench.
If accepted, the bench will be located with the other Rotary constructed benches along Stevens
Creek Trail at Blackberry Farm. The City will make reasonable efforts to maintain the bench and
the plaque.
Hazel Fretwell was a well-known long-time resident of Cupertino and an important leader of the
Cupertino Historical Society.
Sustainability
Staff will work with the Historical Society to be sure that the donated bench will receive the
appropriate treatment so that the environment is protected and the bench will be available for
public use.
Fiscal Impact
The bench can be maintained at no additional cost to the existing Stevens Creek Trail
maintenance budget.
42
_____________________________________
Prepared by: Mark Linder
Reviewed by: Donna Henriques
Approved for Submission by: David W. Knapp, City Manager
Attachments:
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PARKS AND RECREATION DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Authorize the City Manager to continue the Agreement between the Fremont Union High School
District, the Cupertino Union School District, and the City of Cupertino for congestion and
safety measures around Monta Vista High School, Kennedy Middle School, and Lincoln
Elementary School by executing a First Amendment.
Recommended Action
Authorize City Manager to execute the First Amendment to Agreement that is substantially
similar to the form attached hereto as Attachment B.
Background
In August 2010, representatives of the City of Cupertino, County Sheriff, the Fremont Union
High School District, and the Cupertino Union School District met and developed a pilot project
to address traffic congestion and safety issues around the tri-school area. The actions included:
Additional Sheriff’s deputies for 30-60 minutes in the morning and the afternoon to direct
traffic at Hyannisport Drive/Bubb Road and Fort Baker Drive/Hyannisport Drive.
Additional crossing guards at McClellan/Orange and McClellan/Bubb.
Training crossing guards to pool students at McClellan and Lincoln Elementary School.
Establishing a cell phone waiting area at the Monta Vista student parking lot.
Creating a new student drop off zone within the newly reconstructed Monta Vista High
School student parking lot.
The cost for these additional actions was $5,000 per month. The City of Cupertino and the
Fremont Union High District each agreed to cover half of these costs. The Cupertino Union
School District agreed to consider providing capital funds for any capital projects. These actions
were implemented as a pilot project from September through December 2010. This initial
Agreement is found as Attachment A to this report.
Discussion
In January 2011, the same stakeholders met to evaluate the results. The group felt the pilot was
successful and should be extended. Traffic congestion was being managed safely. The number
of cars in the student parking lot at Monta Vista was down. The cell phone waiting area was
being used and was successful. More students were walking, riding a bike, or arriving in car-
45
pools. FUHSD and City of Cupertino will continue to share the costs. CUSD will continue
considering possible capital projects in the area.
The Public Safety and Teen Commission will continue to work on this issue. The next Walk
One Week (WOW) will be March 30 – April 13, 2011. The three schools in the area will be
participating.
At the February 15, 2011 City Council meeting, three boy scouts presented ideas for dealing with
traffic and pedestrian safety in the three school area. Staff will evaluate these proposals and
implement as appropriate.
Staff from the two school districts, City, and Sheriff’s Office will evaluate the success of these
actions at the end of the fiscal year. Any lessons learned can be applied to the next school year.
The proposed First Amendment which establishes a five year Agreement will provide stability to
the program while allowing for regular evaluations and adjustments.
Sustainability
The traffic and safety issues addressed by this collaboration have resulted in more students
walking, biking, and carpooling to these three schools.
Fiscal Impact
The estimated monthly cost for the program is $5,000. The estimated cost for the remainder of
the fiscal year is $25,000. Cupertino would provide up to $12,500 and FUHSD would provide
up to $12,500. It is very possible that the costs will be less than $25,000. There are sufficient
funds remaining in the Council approved allocation to address the congestion and safety issues
around the tri-school area. Funding for continuation of the Agreement will be subject to the
annual budget process.
_____________________________________
Prepared by: Mark Linder
Reviewed by: Donna Henriques
Approved for Submission by: David W. Knapp, City Manager
Attachments:
Attachment A: Agreement between the City of Cupertino, Fremont Union High School District,
and Cupertino Union School District
Attachment B: Proposed First Amendment to the above referenced Agreement
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CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Alcoholic Beverage License, Gochi Japanese Fusion Tapas, 19980 Homestead Road (Oakmont
Shopping Center @ Blaney).
Recommended Action
Approve application for On-Sale General for Bona Fide Public Eating Place.
Description
Name of Business: Gochi Japanese Fusion Tapas
Location: 19980 Homestead Road
Type of Business: Restaurant
Type of License: On-Sale General for Bona Fide Public Eating Place (47)
Reason for Application: Fiduciary Transfer
Discussion
There are no use permit restrictions or zoning restrictions which would prohibit this use and staff
has no objection to the issuance of the license. License Type 47 authorizes the sale of general
alcohol for consumption on the premises where sold.
_____________________________________
Prepared by: Traci Caton, Planning Department
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development
Approved for Submission by: David W. Knapp, City Manager
Attachment: Application for Alcoholic Beverage License
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Alcoholic Beverage License, Guan Dong House, 10851 North Wolfe Road (Cupertino Village).
Recommended Action
Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place.
Description
Name of Business: Guan Dong House
Location: 10851 North Wolfe Road
Type of Business: Restaurant
Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place (41)
Reason for Application: Original & Annual Fees, State & Federal Fingerprints
Discussion
There are no use permit restrictions or zoning restrictions which would prohibit this use and staff
has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and
wine for consumption on the premises where sold.
_____________________________________
Prepared by: Traci Caton, Planning Department
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development
Approved for Submission by: David W. Knapp, City Manager
Attachment: Application for Alcoholic Beverage License
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Alcoholic Beverage License, Gyu-Kaku Cupertino, 19620 Stevens Creek, Suite 150
(Marketplace).
Recommended Action
Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place.
Description
Name of Business: Gyu-Kaku Cupertino
Location: 19620 Stevens Creek Boulevard, Suite 150
Type of Business: Restaurant
Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place (41)
Reason for Application: Original & Annual Fees, State & Federal Fingerprints
Discussion
There are no use permit restrictions or zoning restrictions which would prohibit this use and staff
has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and
wine for consumption on the premises where sold.
_____________________________________
Prepared by: Traci Caton, Planning Department
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development
Approved for Submission by: David W. Knapp, City Manager
Attachment: Application for Alcoholic Beverage License
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Planning Commission’s recommendation to select Winnie Lee as the Environmental Review
Committee representative.
Recommended Action
Accept the Planning Commission’s recommendation to the Environmental Review Committee.
Description
On February 8, 2011, the Planning Commission made its annual recommendations for the
selection of a member to the Environmental Review Committee (ERC). In accordance with City
of Cupertino Municipal Code, the City Council shall review and affirm the selection. The
recommendation is Winnie Lee.
_____________________________________
Prepared by: Traci Caton, Administrative Assistant
Reviewed by: Gary Chao, City Planner
Aarti Shrivastava, Community Development Director
Approved for Submission by: David W. Knapp, City Manager
59
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Municipal Improvements, Richard G. Hernandez and Sara R. Hernandez, 10205 Imperial
Avenue, APN 357-18-007.
Recommended Action
Accept Municipal Improvements.
Discussion
The applicants have completed City-specified improvements in the City right-of-way including
sidewalk, driveway approach, curb & gutter and paving as required by the improvement
agreement with the City.
_____________________________________
Prepared by: Chad Mosley, Associate Civil Engineer
Reviewed by: Glenn Goepfert, Assistant Director, Engineering
Approved for Submission by: David W. Knapp, City Manager
Attachments:
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21800
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2186921855
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21905
2183121815
217132188010340
10104
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BUBBORANGEMCCLELLAN
STEVENS CREEK
ALCAZAR WEST VALLEYPASADENAOLIVE
LOMITA
ALMADEN
GRANADA
DOLORES
HERMOSA MANNRESULTSIMPERIALG R A N D
BYRNE ADRIANASAN FERNANDO
OAKVIEW
NOONAN
GRANADA
LOMITA
IMPERIAL¯
Subject: Municipal Improvements, Richard G. Hernandez and Sara R. Hernandez, 10205 Imperial Avenue
Recommended Action: Accept Municipal Improvements
61
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
City Project, Sterling Barnhart Park, Project No. 2008-9126.
Recommended Action
Accept Project No. 2008-9126.
Discussion
The City’s contractor, Elite Landscaping, Inc., has completed work on Sterling Barnhart Park
which consisted of the construction of the new park.
_____________________________________
Prepared by: Carmen Lynaugh, Public Works Projects Manager
Reviewed by: Timm Borden, Public Works Director
Approved for Submission by: David W. Knapp, City Manager
Attachments:
62
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, APPLE INC., 19050 PRUNERIDGE AVENUE, APN 316-06-033
WHEREAS, Apple Inc., has executed a “Quitclaim Deed and Authorization”, which is in
good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County
of Santa Clara, State of California, to extract water from the underground basin, underlying that
certain real property situate in the City of Cupertino, more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of March, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
City Clerk Mayor, City of Cupertino
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PRUNERIDGE
JUNIPERO SERRAPERIMETER MEADOWHOWARDXXXFINCHRIDGEVIEWGIANNINIDAWSONANCOCKRIDGEVIEW
¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, Apple Inc., 19050 Pruneridge Ave.
Recommended Action: Adopt Resolution No. 11-______.
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RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS, STEPHEN WU AND CHINLING LEE,
10108 SOUTH TANTAU AVENUE, APN 375-07-040
WHEREAS, Stephen Wu and Chinling Lee, have executed a “Quitclaim Deed and
Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing
the City of Cupertino, County of Santa Clara, State of California, to extract water from the
underground basin, underlying that certain real property situate in the City of Cupertino, more
particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of March, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
City Clerk Mayor, City of Cupertino
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10109 10033JUDYTANTAULOREE
ANNE
COZETTE
¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, Stephen Wu and Chinling Lee, 10108 SouthTantau Ave.
Recommended Action: Adopt Resolution No. 11-______.
74
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Authorize applications for grant funding from the Santa Clara Valley Water District’s Clean Safe
Creeks and Natural Flood Protection Program of 2000 for Stevens Creek Corridor Park Phase II,
Project 9134.
Recommended Action
Adopt resolutions authorizing applications for grant funding.
Discussion
The Clean, Safe Creeks and Natural Flood Protection Program (CSC Program) was passed by
voters as a special tax in 2000. Its elements were developed to meet various objectives. The
charter of the Santa Clara Valley Water District (District) Board of Directors directs the District
to protect public health and safety and enhance the quality of life in Santa Clara County. The
Board of Directors identified outcomes that the flood protection and stream stewardship program
is to achieve as a means of accomplishing these goals.
Environmental Enhancement Implementation Grant Program
This program focuses on the CSC Program outcome supporting healthy creek and bay
ecosystems and their protection, enhancement or restoration. The primary enhancement element
of the program, with approximately $2 million available annually over 15 years, is being carried
out partly through the execution of Environmental Enhancement Implementation Grants. This
year, it is estimated that $1.8 million will be available.
The Environmental Enhancements Program and it associated Environmental Enhancement
Implementation Grants (Enhancement Grants) implement the CSC Program goal which calls for
creation of additional wetlands, riparian habitat and favorable stream conditions for fisheries and
wildlife. The Enhancement Grants will assist sponsors of restoration and enhancement projects
with the construction phase of appropriate projects. Eligible projects include enhancement
projects for creeks, tidal areas and wetlands, fish barrier removal, improvement of endangered
species habitat, removal of invasive species, planting of native species, and habitat improvement.
75
Trail and Open Space Grant Program
This program focuses on the CSC Program outcome which supports additional open space, trails
and parks along creeks and in watersheds where appropriate. The objective of the trails element
of the special tax is to provide public access to 70 miles of trails or open space along creeks and
in watersheds. Approximately $920,000 is available annually over 15 years.
The Fiscal Year 2011 Trail and Open Space Grant Program is the fourth grant round to utilize
special tax funds for the development of access to trails and open space, and to increase public
access to, and enjoyment of, public areas for increased recreational opportunities. Eligible
projects will create new public access where it did not previously exist and include a new
creekside trail or a significant link to support a creekside trail network.
Grant applications must include an authorizing resolution from the applicant’s governing body to
apply for and receive grant funds. Staff recommends that the City Council authorize applications
to the District’s Environmental Enhancement Implementation Grant Program and to the Trail and
Open Space Grant Program for Stevens Creek Corridor Phase II, and the adoption of associated
resolutions.
Sustainability Impact
Implementation of Phase II of the Stevens Creek Corridor Park project is consistent with the
City’s sustainability goals. The added section of trail would expand pedestrian and bicycle
alternatives to motorized travel, and creek restoration would improve habitat and support a
healthy creek ecosystem.
Fiscal Impact
There is no fiscal impact for the recommended action. If the grant application is successful,
additional funding would become available for the project.
_____________________________________
Prepared by: Gail Seeds
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments:
1. Draft Resolution, Application to Environmental Enhancement Implementation Grant
Program of the 2000 Clean Safe Creeks and Natural Flood Protection Program
2. Draft Resolution, Application to Trail and Open Space Grant Program of the 2000 Clean
Safe Creeks and Natural Flood Protection Program
76
RESOLUTION NO. 11-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE CLEAN, SAFE
CREEKS AND NATURAL FLOOD PROTECTION PROGRAM OF 2000,
ENVIRONMENTAL ENHANCEMENT IMPLEMENTATION GRANT PROGRAM
WHEREAS, the Santa Clara Valley Water District has enacted the Environmental Enhancement
Implementation Grant Program, which provides funds for the creation of additional wetlands, riparian
habitat and favorable streams conditions for fisheries and wildlife; and
WHEREAS, the Santa Clara Valley Water District’s Stream Stewardship Unit has been delegated
the responsibility for the administration of the grant program, setting up necessary procedures; and
WHEREAS, said procedures established by the Santa Clara Valley Water District require
Grantee’s Governing Body to certify by resolution the approval of Grantee to apply for and accept
Environmental Enhancement Implementation Grant Program funds; and
WHEREAS, Grantee will enter into an Agreement with the Contract with the Santa Clara Valley
Water District;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby:
1. Approves the filing of an Application for local assistance funds from the Environmental
Enhancement Implementation Grant Program under the Clean, Safe Creeks and Natural Flood
Protection Program of 2000; and
2. Certifies that the City has or will have sufficient funds to operate and maintain the Project; and
3. Certifies that the City has reviewed, understands and agrees to the Special Provisions, General
Provisions and Financial Provisions contained in the Agreement; and
4. Appoints the City Manager or his designee the Director of Public Works as agent to conduct all
negotiations, execute and submit all documents including, but not limited to Applications,
agreements, payment requests and so on, which may be necessary for the completion of Project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day
of March, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
City Clerk, City of Cupertino Mayor, City of Cupertino
77
RESOLUTION NO. 11-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE CLEAN, SAFE
CREEKS AND NATURAL FLOOD PROTECTION PROGRAM OF 2000,
TRAIL AND OPEN SPACE GRANT PROGRAM
WHEREAS, the Santa Clara Valley Water District has enacted the Trail and Open Space Grant
Program, which provides funds for the acquisition and development of neighborhood, community, and
regional trail and open space facilities; and
WHEREAS, the Santa Clara Valley Water District’s Stream Stewardship Unit has been delegated
the responsibility for the administration of the grant program, setting up necessary procedures; and
WHEREAS, said procedures established by the Santa Clara Valley Water District require
Grantee’s Governing Body to certify by resolution the approval of Grantee to apply for and accept Trail
and Open Space Grant Program funds; and
WHEREAS, Grantee will enter into an Agreement with the Contract with the Santa Clara Valley
Water District;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby:
1. Approves the filing of an Application for local assistance funds from the Trail and Open Space
Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of 2000; and
2. Certifies that the City has or will have sufficient funds to operate and maintain the Project; and
3. Certifies that the City has reviewed, understands and agrees to the Special Provisions, General
Provisions and Financial Provisions contained in the Agreement; and
4. Appoints the City Manager or his designee the Director of Public Works as agent to conduct all
negotiations, execute and submit all documents including, but not limited to Applications,
agreements, payment requests and so on, which may be necessary for the completion of
Project(s).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day
of March, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
City Clerk, City of Cupertino Mayor, City of Cupertino
78
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Parking Ordinance Amendments
Recommended Action
Approve recommended amendments to the Parking Ordinance and Definitions Ordinance and
conduct first reading.
Description
Municipal Code Amendment 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 (see Attachment
A – Draft Ordinance).
This item was postponed by the City Council from its November 16, 2010 meeting.
Discussion
Background:
On July 20, 2010, the City Council first reviewed the amendments to the Parking Ordinance
proposed by the Code Enforcement Division to clarify requirements regarding the storage of
vehicles in residential zones. The Council directed that the item be reviewed by the Planning
Commission.
On October 12, 2010, the Planning Commission reviewed and recommended approval of the
amendments (see Attachment B – Commission meeting minutes and Attachment C -
Commission Resolution No. 6613).
Proposed changes:
The following sections of the report summarize key issues discussed at the Planning Commission
hearing and additional changes recommended by staff after Commission review. Please refer to
the October 12, 2010 Planning Commission staff report (Attachment D) and minutes
(Attachment B) for a detailed discussion.
Heavy Equipment
The Planning Commission recommends allowing heavy equipment in all zoning districts as long
as they are stored in either an enclosed structure or behind a six-foot tall fence located in the
79
interior side yards or rear yard areas and not be visible from the street.
Since the Commission hearing, staff is recommending some changes to Section 19.100.040 (L)
of the Ordinance to further clarify the heavy equipment storage provision (see italic paragraph
below and Attachment E). Deletions are shown with strikeouts and additions are underlined:
Heavy equipment and airplanes shall be stored within entirely enclosed structures or behind six-
foot-high fencing in interior side yard and rear yard setback areas. In no case may shall these
items be visible from the street even when placed in permitted areas. Heavy equipment may be
stored on site only during temporarily kept for construction or installation of improvements with
a valid building or grading permit.
Farm Equipment
The revised ordinance includes farm equipment in the definition of heavy equipment. Under the
current ordinance, farm equipment located within 200 feet of a public street/road is allowed in all
zones provided that it is adequately screened. With the proposed change, farm equipment will be
subject to the same screening requirements as heavy equipment and will still be allowed in all
zones in the City.
_____________________________________
Prepared by: Piu Ghosh, Associate Planner
Reviewed by: Gary Chao, City Planner
Aarti Shrivastava, Director of Community Development
Carol Korade, City Attorney
Approved for Submission by: David W. Knapp, City Manager
Attachments: A. Draft Ordinance
B. Planning Commission meeting minutes from October 12, 2010
C. Planning Commission Resolution No. 6613
D. Planning Commission Staff Report dated October 12, 2010
E. Strikethrough version of Chapter 19.08 (Definitions) and Chapter 19.100
(Parking) (Partial)
80
ATTACHMENT A
Ordinance No. 11.XXXX
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 PLANNED NON-OPERATIONAL VEHICLES IN
RESIDENTIAL ZONES.
THE CITY COUNCIL OF THE CITY OF CUPERTINO 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 the Cupertino Municipal Code, is amended to read
as shown in Exhibit 1; and
B. Sections 19.100.030 and 19.100.040 in Chapter 19.100, entitled “Parking Regulations,” of the
Cupertino Municipal Code is amended, to read as shown in Exhibit 2.
Section 3. Severability.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the
provisions hereof are severable.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as
provided by Government Code Section 36937.
Section 5. Certification.
The City Clerk shall certify to the passage and 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.
Section 6. CEQA.
Because this ordinance makes purely procedural changes, and improvements to
readability, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines
section 15061(b)(3).
81
Section 7. Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous
provisions of the Cupertino Municipal Code, these provisions shall be construed as
continuations of those provisions and not as amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day of
___________ 2011 and ENACTED at a regular meeting of the Cupertino City Council on this
____ of __________ 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
82
ATTACHMENT I
-1-
CHAPTER 19.08: 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
zoning regulations. The meaning and construction of words and phrases defined in this chapter
shall apply throughout the zoning regulations, except where the context of such word or
phrases clearly indicates a different meaning or construction.
(Ord. 1601, Exh. A (part), 1992)
19.08.020 General Rules for Construction of Language.
The following general rules of construction shall apply to the text of the zoning regulations:
A. The particular shall control the general.
B. In case of any difference of meaning or implication between the text of any provision and
any caption or illustration, the text shall control.
C. The word “shall” is always mandatory and not discretionary. The word “may” is
discretionary.
D. References in the masculine and feminine genders are interchangeable.
E. Words used in the singular include the plural, and the plural includes the singular, unless
the context clearly indicates the contrary.
F. The words “activities” and “facilities” include any part thereof.
G. Unless the context clearly indicates to the contrary, the following conjunctions shall be
interpreted as follows:
1. “And” indicates that all connected items or provisions shall apply;
2. “Or” indicates that the connected items or provisions may apply singly or in any
combination;
3. “Either . . . or” indicates that the connected 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 agencies to which reference is made are those of the City
unless otherwise indicated.
K. “City” means the City of Cupertino.
83
(Ord. 1601, Exh. A (part), 1992)
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. “A” Definitions:
1. “Abandon” means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
2. “Abutting” means having property or district lines in common.
3. “Accessory building” means a building which is incidental to and customarily associated
with a specific principal use or facility and which meets the applicable conditions set forth
in Chapter 19.80.
4. “Accessory structure” means a subordinate structure, the use of which is purely incidental
to that of the main building and which 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. “Addition” means any construction which increases the size of a building or facility in terms
of site coverage, height, length, width, or gross floor area ratio.
6. “Adult bookstore” means a building or portion thereof used by an establishment having as
a substantial or significant portion of its stock in trade for sale to the public or certain
members thereof, books, magazines, and other publications which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas,” as hereinafter defined.
7. “Adult cabaret” means a building or portion 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 or 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 motion pictures distinguished or characterized by an
emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas,” as hereinafter defined, for observation by patrons or
customers.
9. “Agriculture” means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer
yards, bone yard, or plants for the reduction of animal matter or any other similar use.
10. “Alley” means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
11. “Alteration” means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of
84
buildings or structures on a site, or substantial change in appearances of any building or
structure.
a. “Incidental alteration” means any 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
services, fixtures, or appliances; any addition, closing, or change in size of doors or
windows in the exterior walls; or any replacement of a building facade which does not
increase the structural strength of the structure.
b. “Structural alteration” means any alteration not deemed an incidental alteration.
12. “Amusement park” means a commercial facility which supplies various forms of indoor
and outdoor entertainment and refreshments.
13. Animal:
a. Animal, Adult. “Adult animal” means any animal four months of age or older.
b. “Animal care” means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services.
c. Animal, Large. “Large animal” means any equine, bovine, sheep, goat or swine or similar
domestic or wild animal, as determined by the Planning Commission.
d. Animal, Small. “Small animal” means animals which are commonly found in single-family
residential areas such as chickens, 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 family doing its cooking therein.
15. “Apartment house” means a building designed and used to house three or more families,
living independently of each other.
16. “Apartment project” means a rental housing development consisting of two or more
dwelling units.
17. “Architectural feature” means any part or appurtenance of a building or structure which is
not a portion of the living area of the building or structure. Examples include: cornices,
canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any
projection of the floor area shall not constitute an architectural projection.
18. “Atrium” means a courtyard completely enclosed by walls and/or fences.
19. “Attic” means an area between the ceiling and roof of a structure, which is unconditioned
(not heated or cooled) and uninhabitable.
20. “Automotive service station” means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The
sale of food or grocery items on the same site is prohibited except for soft drinks and snack
foods, either from automatic vending machines or in shelves. The sale of alcoholic
beverages on the site is governed by Chapter 19.106.
21. “Automotive repair and maintenance (minor)” means the supplying of routine automotive
services such as lubrication, engine tuneups, smog certificates, servicing of tires, brakes,
85
batteries and similar accessories, and minor repairs involving engine accessories. Any
repair which requires the engine, drive train, transmission assembly, exhaust system, or
drive train parts to be removed from a motor vehicle or requires the removal of internal
parts shall not be considered minor. Body and paint shop operations 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 = èæ øö I x L x 100
A
S = Average slope of ground in percent
I = Contour interval in feet
L = Combined length in feet of all contours on parcel
A = Area of parcel in square 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 contiguous lots bounded on all sides by streets, railroad
rights-of-way, or waterways, and not traversed by any street, railroad right-of-way or
waterway.
3. “Boarding home” means any building used for the renting of rooms or providing of table
board for from three to five persons, inclusive, 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 to be a separate building.
a. Building, Attached. “Attached building” means buildings which are physically
connected by any structural members or wall, excluding decks, patios or fences.
5. “Building coverage” means that portion of the net lot area encompassed within the
outermost wall line which defines a building enclosure.
6. “Business” or “commerce” means the purchase, sale or other transaction involving the
handling or disposition of any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops for the sale of personal services,
garages, outdoor advertising signs and structures, hotels and motels, and recreational and
amusement enterprises conducted for profit.
7. “Business or trade school” means a use, except a college or university, providing education
or training in business, commerce, language, or similar activity or pursuit, and not
otherwise defined as a home occupation.
86
C. “C” Definitions:
1. “Canopy” means any roof-like structure, either attached to another structure or
freestanding, or any extension of a roof line, constructed for the purpose of protection from
the elements in connection with outdoor living.
2. “Car shelter” means a roofed structure or a part of a building not enclosed by walls,
intended and designed to accommodate one or more vehicles.
3. “Centerline” means the centerline as established 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 of an existing use by a new use, or a change in the
nature of an existing use, but not including a change in ownership, tenancy or management
where the previous nature of the use, line of business, or other function is substantially
changed.
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 day care facility.
6. “Child day care facility” means a facility, licensed by the State or County, which provides
care to children under eighteen years of age in need of personal service, supervisors, or
assistance essential for sustaining the activities of daily living or for the protection of the
individual on a less than twenty-four-hour basis. Child day care facility includes day care
centers and family day care homes and includes the following:
1a. “Large child care facility,” which means a facility which provides child and day care to
seven to twelve children inclusive;
2b. “Small child care facility,” which means 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(f) of Article XIII of the Constitution of the State
of California and Section 206 of the Revenue and Taxation Code of the State of California,
or successor legislation, constitutes prima facie evidence that such use is a church as
defined in this section.
8. “College” or “university” means an educational institution of higher learning which offers
a course of studies designed to culminate in the issuance of a degree or defined by Section
94302 of the Education Code of the State of California, or successor legislation.
9. “Commercial recreation” means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar
services, operated on a private or for-profit 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 recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
11. “Community housing project” means a condominium 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 Code, containing two or more rights of exclusive
87
occupancy, or a stock cooperative, as defined 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 building or portion thereof which contains facilities for
living, sleeping and sanitation, as required pursuant to the Uniform Building, Housing and
Fire Codes and may include facilities for eating and cooking for nontransient occupancy
primarily by persons eighteen years old and older, in which the responsibilities for rent,
housekeeping, cooking and other household 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 attention, 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 convenience items, including sale of food in disposable
containers primarily for off-premises consumption, and typically found in establishments
with long or late hours of operation and in relatively small buildings, but excluding
delicatessens and other specialty food shops and establishments which have a sizable
assortment of fresh fruits, vegetables, and fresh-cut meats.
15. “Conversion” means a change in the type of ownership of a parcel (or parcels) of land,
together with the existing attached structures, 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 made or are to be made to such structure.
16. “Corner triangle” means a triangular-shaped area bounded by:
1a. The intersection of the tangential extension of front and end property lines as formed by
the intersection of two public rights-of-way abutting the said property lines; and
2b. The third boundary of the triangular-shaped area shall be a line connecting the front
and side property lines at a distance of forty feet from the intersection of the tangential
extension of front and side property lines.
17. “Court” means an open, unoccupied space, other than a yard, on the same lot with a
building or buildings and which is bounded on two or more sides by such building or
buildings, including the open space in a house court or court apartment providing access.
18. “Covered parking” means a carport or garage that provides full overhead protection from
the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not
ordinarily roof coverings and cannot be used in providing a covered parking space.
D. “D” Definitions:
1. “Day care center” means any child day care facility, licensed by the State or County, other
than a family day care home, and includes infant centers, preschools, and extended day
care facilities.
a. Day Care Home, Family. “Family day care home” means a home, licensed by the State
or County, which regularly provides care, protection and supervision of twelve or
fewer children, in the provider’s own home, for periods of less than twenty-four hours
per day, while the parents or guardian are away, and includes the following:
88
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;
ii. “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 subdivider with a controlling proprietary interest in the
proposed community housing project, or the person or organization making application
thereunder.
3. “Development Permit” means a permit issued by the City Council, Planning Commission,
Design Review Committee, Director of Community Development, or any other decision
body as empowered by the Cupertino Municipal Code, approving architecture, site
improvements, buildings, structures, land and/or uses. Development Permits may include
but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential
Permits, Architectural and Site Approvals, Planned Development Permits, Conditional Use
Permits, Exceptions, Variances or Subdivision Maps.
4. “District” means a portion of the territory within the City within which certain uses of
land, premises and buildings are permitted and certain other uses of land, premises and
buildings are prohibited, and within which 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 the premises.
6. “Drive-through establishment” means an activity where a portion of retailing or the
provision of service can be conducted without requiring the customer to leave his or her
car.
7. Driveway, Curved. “Curved driveway” 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 line.
8. “Duplex” means a building containing not more than two kitchens, designed and used to
house not more than two families living independently of each other.
9. “Dwelling unit” means a room or group of rooms including living, sleeping, eating,
cooking and sanitation facilities, constituting a separate and independent housekeeping
unit, occupied or intended for occupancy by one family on a nontransient basis and having
not more than one kitchen.
E. “E” Definitions:
1. Emergency Shelter
a. “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).
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b. “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).
2. “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.
3. “Entry feature” means a structural element, 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 vehicles drawn by such animals, with related pasture
lands, corrals and trails.
5. “Equipment yard” means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public
utility service, transportation service, or similar activity, including but not limited to, a
construction material yard, corporation yard, vehicular service center or similar use.
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 and 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 by reason of which the adoption or application the
facility becomes noncomplying. (For 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 principal use.
2. “Family” means an individual or group of persons living together who constitute a bona
fide single housekeeping unit in a dwelling unit. “Family” shall not be construed to
include a fraternity, sorority, club, or other group of persons occupying a hotel,
lodginghouse, or institution of any kind.
3. “Family day care home” means a home which regularly provides care, protection,
supervision of children in the home for periods of less than twenty-four hours a day, while
the parents or guardians are away.
4. “First floor” means that portion of a structure less than or equal to twenty feet in height,
through which a vertical line extending from the highest point of exterior construction to
the appropriate adjoining grade, passes through one story.
5. “Floor area” means the total area of all floors of a building measured to the outside surfaces
of exterior walls, and including the following:
a. Halls;
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b. Base of stairwells;
c. Base of elevator shafts;
d. Services and mechanical equipment rooms;
e. Interior building area above fifteen feet in height between any floor level and the
ceiling above;
f. Basements with lightwells that do not conform to Section 19.28.060F;
g. In all zones except residential, permanently roofed, but either partially enclosed or
unenclosed building features used for sales, service, display, storage or similar uses.
6. “Floor area” shall not include the following:
a. Basements with lightwells that conform to Section 19.28.060F;
b. Lightwells;
c. Attic areas;
d. Parking facilities, other than residential garages, accessory to a permitted conditional use
and located on the same site;
e. Roofed arcades, plazas, walkways, porches, 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 building or other structure nearest the street upon which
the building faces, but excluding certain architectural features as defined in this chapter.
9. “Full cash value” has the meaning assigned to it in the California Revenue and Taxation
Code for property taxation purposes.
G. “G” Definitions:
1. “Garage” means an accessory building (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, or similar landscaping feature, unless required for
drainage, within the area between the building and the property line, or when the property
line is more than five feet from the building, between the building and a line five feet from
the building.
3. “Gross lot area” means the horizontal area included within the property lines of a site plus
the street area bounded by the street centerline up to thirty feet distant from the property
line, the street right-of-way line and the extended side yard to the street centerline.
4. “Group care activities” means a residential care facility providing continuous care for six or
fewer persons on a twenty-four-hour basis, which requires licensing by a governmental
agency.
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5. “Guest room” means a room which is intended, arranged or designed to be occupied by
occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the
room is located, and which contains no kitchen facilities.
H. “H” Definitions:
1. “Habitable floor” means the horizontal space between a floor area of at least seventy
square feet and the ceiling height measuring at least seven feet six inches above it, except
for a kitchen which shall have a ceiling height not less than seven feet above said floor.
2. “Habitable space” means space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are
not considered habitable space.
3. “Heavy equipment” means any mechanical 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,
cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any
similar device.
4. “Height” means a
vertical distance
measured parallel to
the natural grade to the
highest point of
exterior construction,
exclusive of chimneys,
antennas or other
appurtenances, except
that entry features are
measured to the top of
the wall plate.
Height restriction shall
be established by
establishing a line
parallel to the natural
grade.
5. “Home occupation” means an accessory activity conducted in a dwelling unit solely by the
occupants thereof, in a manner incidental to residential occupancy, in accord with the
provisions of this title. (For further provisions, see regulations for home occupation in
Chapter 19.92.)
6. “Hospital” means a facility for providing medical, psychiatric or surgical services for sick
or injured persons, primarily on an inpatient basis, and including ancillary facilities for
outpatient and emergency treatment, diagnostic services, training, research,
administration, and service to patients, employees or visitors.
7. “Hotel” means a facility containing rooms or groups of rooms, generally without
individual kitchen facilities, used or intended to be used by temporary overnight
occupants, whether on a transient or residential occupancy basis, and whether or not eating
facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or
similar use, but does not include mobilehome parks or similar uses.
Height Limit for Entry Features
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8. “Household pets” means small animals commonly found in residential areas such as
chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or
equine animal, or any goat, sheep or swine. This title does not regulate the keeping of
small household pets, such as fish, birds or hamsters, which is incidental to any permitted
use.
I. “I” Definitions:
None.
J. “J” 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, including scrap metals or other scrap material, and/or for
the dismantling or wrecking of automobiles or other vehicles or machinery.
K. “K” Definitions:
1. “Kitchen” means an area in habitable space used for the preparation of food and including
at least three of the following:
a. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas
connections and space for appliances between counters;
b. Counter;
c. Refrigerator;
d. Sink.
L. “L” Definitions:
1. “Landscaping” means an area devoted to or developed and maintained with native or
exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or similar material (excluding driveways,
parking, loading or storage areas), and sculptural elements.
2. “Late evening activities” means an activity which maintains any hours of operation during
the period of eleven p.m. to seven a.m.
3. “Legal substandard lot” means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in
the zone; or lots or parcels of record which are reduced to a substandard lot size as a result
of required street dedication unless otherwise provided in the City of Cupertino General
Plan. The owner of a legally created, substandard property which is less than six thousand
square feet but equal to or greater than five thousand square feet may utilize such parcel
for residential purposes. The owner of a legally created parcel of less than five thousand
square feet may also develop the site as a single-family residential building site if it can be
demonstrated that the property was not under the same ownership as any contiguous
property on the same street frontage as of or after July 1, 1984.
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4. “Lightwell” means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
5. “Liquor store” means a use requiring a State of California “off-sale general license” (sale for
off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of
the total dollar sales accounted for by beverage covered under the off-sale general license.
6. “Living space” means habitable space and sanitation.
7. “Loading space” means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
8. “Lodging” means the furnishing of rooms 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 residential 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 of rooms not including a kitchen, used or intended
for use by overnight occupants as a single unit, whether located in a hotel or a dwelling
unit providing lodging where designed or used for occupancy by more than two persons;
each two-person capacity shall be deemed a separate lodging unit for the purpose of
determining residential density; each two 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 as one site for a use or a group of uses.
a. “Corner lot” means a lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street lines.
b. “Flag lot” means a lot having access to 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.
d. “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 corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
e. “Lot area” means the area of a lot measured 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 excluding 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 otherwise.
11. “Lot coverage” means and encompasses the following:
a. “Single-family residential use” means 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 recreational facilities.
b. “All other uses except single-family residential” means the total land area within a site
that is covered by buildings, excluding all projections, ground-level paving, landscape
features, and open recreational facilities.
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12. “Lot depth” means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is
no 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, or 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 not 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.
d. “Side lot line” means any lot line which is not a front or rear lot line.
e. “Street lot line” means any lot line abutting a street.
14. “Lot of record” means a lot which is part of a subdivision recorded in the office of the
County Recorder, or a lot or parcel described by metes and bounds which has been
recorded.
15. “Lot width” means the horizontal distance between side lot lines, measured at the required
front setback line.
M. “M” Definitions:
1. “Manufacturing” means a use engaged in the manufacture, predominantly from
previously prepared materials, of finished products or parts, including processing
fabrication, assembly, treatment, packaging of such products, but excluding basic
industrial processing of extracted or raw materials, processes utilizing inflammable or
explosive material (i.e., materials which ignite easily under normal manufacturing
conditions), and processes which create hazardous or commonly recognized offensive
conditions.
2. “Massage” means any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body
with the hands or with any mechanical or electrical apparatus or other appliances or
devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic,
oil, powder, cream, lotion, ointment or other similar preparations.
3. “Massage parlor” means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for
compensation is operated which is not exempted or regulated by the Massage
Establishment Ordinance as contained in 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 human habitation, for carrying persons and property
on its own structure, and for being drawn by a motor vehicle, and shall include a trailer
coach.
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5. “Mobilehome park” means any area or tract of land where lots are sold, rented, or held out
for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the
purpose of permanent or semipermanent housing.
6. “Multiple-family 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 approved grading plan that is part of a subdivision
map approval.
2. “Net lot area” means the total area included 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 used for access purposes.
3. “Nightclub” means an establishment providing 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 enterprise but not including merchandising or sales
services.
b. “Medical office” means a use providing consultation, diagnosis, therapeutic,
preventative or corrective personal treatment services by doctors, dentists, medical and
dental laboratories, and similar practitioners of medical and healing arts for humans,
licensed for such practice by the State of California and including services related to
medical research, testing and analysis.
c. “Professional offices” such as those pertaining to the practice of the professions and arts
including, but not limited to, architecture, dentistry, engineering, law and medicine,
but not including sale of drugs or prescriptions except as incidental to the principal
uses and where there is external evidence of such incidental use.
2. “Offset” means the indentation or projection of a wall plane.
3. “Open” means a space on the ground or on the roof of a structure, uncovered and
unenclosed.
4. “Organizational documents” means the declaration of restrictions, articles of incorporation,
bylaws and any contracts for the maintenance, management or operation of all or any part
of a community housing project.
5. “Outdoor recreation use” means a privately owned or operated use providing facilities for
outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor
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sport or recreation, operated predominantly in the open, except for accessory or incidental
enclosed services or facilities.
P. “P” Definitions:
1. “Park” means any open space, reservation, playground, swimming pool, golf course,
recreation center, or any other area in the City owned or used by the City or County and
devoted to active or passive recreations.
2. “Parking area” means an unroofed, paved area, delineated by painted or similar markings,
intended and designed to accommodate one or more vehicles.
3. “Parking facility” means an area on a lot or within a building, or both, including one or
more parking spaces, together with driveways, aisles, turning and maneuvering areas,
clearances and similar features, and meeting the requirements established by this title.
Parking facility includes parking lots, garages and parking structures.
1a. “Temporary parking facility” means parking lots which are not required under this title
and which are intended as interim improvements 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 individual athletic development, increased skill
development in sports activity, or rehabilitative therapy for athletic injury.
6. “Picnic area” means a facility providing tables and cooking devices for preparation and
consumption of meals out of doors or within an unenclosed shelter structure.
7. “Practice range” means a facility providing controlled access to fixed or movable objects
which are used to test and measure accuracy of discharge from a weapon.
8. “Private educational facility” means a privately owned school, including schools owned
and operated by religious organizations, offering instruction in the several branches of
learning and study required to be taught in the public schools by the Education Code of the
State of California.
9. “Professional office” means a use providing professional or consulting service in the fields
of law, architecture, design, engineering, accounting, and similar professions, including
associated testing and prototype development, but excluding product manufacturing or
assembly.
10. “Project improvements” means all public road improvements, undergrounding utility
improvements, and improvements to the on-site utility networks as required by the City of
Cupertino for a community housing project.
11. “Projection” means architectural elements, not part of the main building support, that
cantilevers from a single building wall or roof, involving no supports to the ground other
than the one building wall from which the element projects.
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12. “Property” means real property which includes 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 operates a child day care home and is licensed by the State
of California.
14. “Public dancehall” is a building or portion thereof used for dancing purposes to and in
which the general public is admitted and 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 charge 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 excluding restaurants, hotel rooms and nightclubs in
which the dancing is incidental only to other entertainment.
Q. “Q” Definitions:
None.
R. “R” Definitions:
1. “Recreational open space” means open space within a community housing project
(exclusive of required front setback areas) which shall be used exclusively for leisure and
recreational purposes, for the use and enjoyment of occupants (and their visitors) of units
on the project and to which such occupants (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 open space.
2. “Recycling center” means facilities appurtenant and exterior to an otherwise allowed use,
which are utilized for collection of recyclable materials such as metal, glass, plastic, and
paper stored in mobile vehicles or trailers, permanent storage units, or in bulk reverse-
vending machines exceeding fifty cubic feet in size.
3. “Religious institution” means a seminary, retreat, monastery, conference center, or similar
use for the conduct of religious activities including accessory housing incidental thereto,
but excluding a private educational facility. Any such use for which a property tax
exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of
the State of California and Section 206 of the Revenue and Taxation Code of the State of
California, or successor legislation, or which 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 building or portion thereof designed or used for the
purpose of providing twenty-four-hour-a-day nonmedical residential living
accommodations pursuant to the Uniform 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 individual resident’s participation in group or individual
activities such as counseling, recovery planning, medical or therapeutic assistance.
Residential care facility includes, but is not limited to, health facilities as defined in
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California Health and Safety Code (H&SC) Section 1250 et seq., community care facilities
(H&SC Section 1500 et seq.), residential care 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 restaurant” means a retail food service establishment
in which prepared foods or beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of the patrons may serve
themselves and may consume the food 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, bakeries or shops, shall not be considered fast-food
restaurants.
b. Restaurant, Full Service. “Full-service 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 bar facility for serving alcoholic beverages is not
permitted without a use permit.
6. “Research and development” means a 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 of 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 extended time periods, and including all uses defined in
Sections 5115 and 5116 of the California Welfare and Institutions Code, or successor
legislation.
8. “Reverse vending machine” means a mechanical device which accepts one or more types of
empty beverage containers and issues a cash refund or credit slip.
9. “Rotating homeless shelter” means a shelter located in an existing church structure, the
shelter provided not to exceed two months in any twelve-month period at any single
location, and the number of occupants not 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 adjoining 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 thereof.
2. “Second dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities 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 situated.
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 in fee, easement, or otherwise, or a line otherwise
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established to govern the location of buildings, 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 setback area” means open space, unoccupied and
unobstructed from the ground upward, except 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 front of a lot between the front lot line and the
setback line. Front yards shall be measured 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 minimum of sixty feet. The Planning Commission
shall have the discretion to modify the provisions of this definition when it improves
the design relationship of the proposed 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 the 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 nearest line of a building, and extending from the
front setback line to the rear setback line.
5. “Shopping center” means a group of commercial establishments, planned, developed,
owned or managed as a unit, with off-street parking provided on the site.
6. “Single-family use” means the use of a site for only one dwelling unit.
7. “Specialty food stores” means uses such as bakeries, donut shops, ice cream stores,
produce markets and meat markets, or similar establishments where food is prepared
and/or sold primarily for consumption off the premises.
8. “Specified anatomical areas” means:
a. Less than completely and opaquely covered 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 discernibly turgid state, even if completely and opaquely
covered.
9. “Specified sexual activities” means:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse 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 above it.
100
11. “Street” means a public or private thoroughfare the design of which has been approved by
the City which affords the principal means of access to abutting property, including
avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley as defined in this chapter.
a. Street, Public. “Public street” means all streets, highways, lanes, places, avenues and
portions thereof and including extensions in the length and width, which have been
dedicated by the owners thereof to public use, acquired for public use, or in which a
public easement for roadway purposes exists.
12. “Structure” means that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner.
a. Structure, Recreational. “Recreational structure” means any affixed accessory structure
or portion thereof, which functions for play, recreation or exercise (e.g., pool slides,
playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs
and pools) but does not include portable play structures, such as swings or climbing
apparatus.
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 and Safety Code 50675.14(b)) means housing with no
limit on length of stay, that is occupied by the target population, and that is linked to onsite
or offsite services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community.
15. “Target population” (per CA Health and Safety Code 53260(d)) means adults with low
incomes having one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health conditions, or individuals eligible for services provided
under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code) and may, among other
populations, include families with children, elderly persons, young adults aging out of the
foster care system, individuals exiting from institutional settings, veterans, or homeless
people.
T. “T” Definitions:
1. “Transient” means any individual who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of
thirty consecutive calendar days or less, counting portions of calendar days as full days,
and including any individual who actually physically occupies the premises, by permission
of any other person entitled to occupancy.
2. “Transitional housing” and "transitional housing development" (per CA Health and Safety
Code 50675.2 (h)) means buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six months.
101
U. “U” Definitions:
1. “Use” means the conduct of an activity, or 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 listed 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 which it is located, but which was lawfully existing on
October 10, 1955; or the date of any amendments thereto, or the application of any
district to the property involved, by reason of which adoption or application the use
became nonconforming. (See “noncomplying facilities” in this chapter for a definition.)
d. “Permitted use” means a use listed by the regulations of any particular district as a
permitted use within that district, and permitted therein as a matter of right when
conducted in accord with the regulations established by this title.
e. “Principal use” means a use which fulfills a primary function of a household,
establishment, institution, or other entity.
2. “Useable rear yard” means that area bounded 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 less of the principal structure) may be included in
calculation of usable rear yard area.
V. “V” Definitions:
1. “Vehicle” means any boat, bus, trailer, motor home, van, camper (whether or not attached
to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup,
airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or
parts thereof, or any device by which any person or property may be propelled, moved or
drawn upon a public street, excepting a device moved exclusively by human power.
a. Vehicle, commercial. “Commercial vehicle” means a vehicle of a type required to be
registered under the California Vehicle Code used or maintained for the transportation
of persons for hire, compensation, or profit or designed, used, or maintained primarily
for the transportation of goods.
b. Vehicle, Recreation. “Recreation vehicle” means a vehicle towed or self-propelled on its
own chassis or attached to the chassis of another vehicle and designed or used for
temporary dwelling, recreational or sporting purposes. The term recreation vehicle
includes, but is not limited to, trailers, motor coach homes, converted trucks and buses,
and boats and boat trailers.
2. “Visual privacy intrusion” means uninterrupted visual access from a residential dwelling
or structure into the interior or exterior areas of adjacent residential structures, which area
is either completely or partially private, designed for the sole use of the occupant, and/or
102
which serves to fulfill the interior and/or exterior privacy needs of the impacted residence
or residences.
W. “W” Definitions:
None.
X. “X” Definitions:
None.
Y. “Y” Definitions:
1. “Yard” means an area within a lot, adjoining 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 into a lot from the rear lot line, extending between
the side yards; provided that for lots having no defined rear lot line, the rear yard shall
be measured into the lot from the rearmost 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.
103
ATTACHMENT II
-1-
CHAPTER 19.100 PARKING (Partial)
19.100.030 Regulations for Parking and 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 or within twelve feet of a public right-of-way in a rear
yard area in all residential zones subject to the following restrictions:
a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot
size of ten thousand square feet or less, a maximum of six vehicles are permitted in all
other residential zones, unless a greater number is approved by the City in conjunction
with a development plan. For purposes of counting vehicles, a camper mounted on a
pickup truck is considered one vehicle and other similarly vertically stacked
components which belong together shall be counted as a single vehicle. Horizontal
groupings shall be counted as two vehicles;
b. Any open vehicle containing trash or debris is prohibited;
c. No portion of any vehicle may overhang any public right-of-way;
d. All vehicles must be parked on a permanent impervious or semi-pervious surface.
Semi-pervious surfaces include unit pavers, turf block, brick, or other like materials and
must allow for partial infiltration of water. Impervious surfaces include concrete,
asphalt or other like materials that do not allow infiltration of water. Impervious
surfaces may 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
operation and in good operating condition or have a planned non-operation permit on
file with the Department of Motor Vehicles;
f. Residential driveways connecting to a detached garage or carport in the rear yard shall
have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in
length. Lots that are more than one hundred 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, driveways 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 lots 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.
Owners of vehicles made nonconforming by the adoption of this section shall comply
with this provision within two years of its enactment;
104
i. Any commercial vehicle with a manufacturer'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 permitted.
[Provisions A(2)-A(8) and Provisions B – E unchanged]
19.100.040 Regulations for Off-Street Parking.
[Provisions A-K unchanged]
L. Heavy equipment and airplanes may only be stored within entirely enclosed structures or
behind six-foot-high fencing in interior side yard and rear yard setback areas. In no case
shall these items be visible from the street even when placed in permitted areas. Heavy
equipment may be stored on site only during construction or installation of improvements
with a valid building or grading permit.
[Provisions M-Q unchanged]
105
Cupertino Planning Commission 27 October 12 2010
Com Giefer
Said that if a permit expired in two years she could pull her permit and then not have to have
funding for the project and then in 24 months after that notification period she could start a
project that is so far in the future by the time that it is executed on the ground and completed
they are pushing that out it is not just a three month notification
Said she was trying to understand what could be the worst case project on the ground after this
is submitted which if it is three months that is actually 3 months plus 24 months or 6 months
plus 24 months
Aarti Shrivastava
Once a building permit is applied for it needs to be kept active if the inactive time is
exceeded the permit becomes expired and re application for the permit is necessary The
inactivity period is 6 months and one extension is allowed
Com Miller
Relative to the industry side people make decisions to do a development well in advance It is
appropriate to give lead time if they decide that is the straw that broke the camels back and
they dont want to go ahead with the development they are not caught For that reason alone it
is reasonable to give a lead time He said he supported 6 months for larger projects a year or
two As Com Giefer said earlier people know this discussion is happening so for the larger
projects they are more aware and are going to be coming in and staff will inform them There
is concern about the smaller projects where they are probably not aware and you dont want
them to get caught
Chair Brophy
There arent people rushing to do building plans on larger projects now There are individual
homes and those would be the issue but they have a shorter lead time in terms of preparing
design documents
Aarti Shrivastava
Said she would follow up with the City Manager on the availability of funds to have Walker
Wells attend the next meeting the application was continued to
Motion Motion by Com Miller second by Com Kaneda and unanimously carried
5 00 to continue Application MCA 2010 04 to the October 26 2010 meeting
4 MCA 2010 05 Municipal Code Amendment to Chapter 19100 Parking Ordinance
City of Cupertino with associated amendments to Chapter 1908 Defmitions related to
Citywide Location clarifying language regarding storage and parking of heavy
equipment aircraft an d planned non operational vehicles in residential
zones Postponed from the September 28 2010 Planning Commission
meeting Tentative City Council date November 16 2010
Piu Ghosh Associate Planner presented the staff report
Reviewed the application for Municipal Code Amendment to Chapter 19100 Parking
Ordinance of the Cupertino Municipal Code with associated amendments regarding storage
and parking of heavy equipment and planned non operational vehicles in residential zones as
outlined in the staff report
The purpose of the Parking Ordinance is to regulate the parking of vehicles which are
unsightly oversized or detrimental to property values or to the peace and enjoyment of
106
Cupertino Planning Commission 23 October 12 2010
neighboring property owners or residents She reviewed the proposed amendments to the
ordinance including parking on impervious and semi pervious surface storage of heavy
equipment storage of airplanes planned non operational vehicles and farm equipment as
outlined in the staff report
Com Giefer
Questioned if the small tractor on Regnart Road would have to be removed noting that it was
likely originally agricultural or RHS but now being rezoned to residential She said she would
not want to see it removed as it has been on the property longer than many people have been in
Cupertino
Piu Ghosh
Said that it would have to be covered up behind a fence
Code Enforcement staff
Said that the tractor had been there for many years and was probably originally a decorative
statuary at some point in time although the property is in disrepair and the owners are no
longer there He said it could be an unattractive nuisance and should be removed at some
point as there was no reason to preserve it although it may have some historical significance to
the residents who have been around many years
Com Giefer
Said she understood the ordinance but said there is a certain charm to some of the artifacts that
have been in Cupertino a lot longer than many people and she did not want the Ballards to
have to remove the tractor from their property or that the bi plane would have to be removed
from Regnart
Staff
It does not have to be removed but has to meet the requirements of screening which has to be
behind a conforming fence Said it would be difficult to separate the historical equipment
Chair Brophy opened the public hearing
Larry Goe 10279 Brett Avenue Mr Goe left the meeting earlier and his opinion was
conveyed by Gary Chao
Expressed concern about Section 19100030 specifically regarding the number of vehicles that
the current ordinance restricts in front and side yard areas His concern is that there seems to be
a need for additional vehicles allowed to be stored in discussion with his neighbors instead of
the maximum of 4 vehicles permitted on residential lots of 10000 sq ft or less and 6 vehicles
permitted in other residential zones he recommended that those two numbers be increased
from 4 to 6 and 6 to 8
He felt if somebody has a fairly large lot and has the need there should be a way for the city
to allow for storage of vehicles specifically if it is behind a fence
Gary Chao
Said they were not proposing to change the section it is not within the scope of being changed
that is the existing ordinance Section A 1 prescribes that those requirements only come up
when you are seeking to park in the front yard area or side yard area visible to the public The
one instance where it talked about rear yard area is also a situation where you have a corner
lot and have a portion of your rear lot potentially visible
107
Cupertino Planning Commission 29 October 12 2010
The current ordinance allows for additional vehicles to be parked on any residential property as
long as it is not visible to the public on the front or the side setback requirements
Gary Chao explained that if a person has a fairly large lot and wants to put something in the
back yard no one can see since it is fenced in the current ordinance allows for additional
vehicles in addition to the number of cars being prescribed here or if they have a large lot and
can build a sizable house with many garages enclosed and the cars would not be visible those
cars wont be counted toward that
Gary Chao said that in essence the ordinance does address Mr Goes concern
Staff
Said that vehicles over 10000 pounds are not permitted to be parked in driveways such as
tractors semi trucks that tow big rig tractor some tow trucks are over 10000 trucks
Com Kaneda
Said he supported it in its current form
Vice Chair Lee
Supports Option B said that if it is farm equipment it could be under the heading as heavy
equipment and was acceptable if it is not seen by the residents and screened behind a fence
Farm equipment should be allowed on residential properties subject to screening like other
heavy equipment
Chair Brophy
Said it made sense to him and he was not sure there was a big difference between farm
equipment and any other heavy equipment
Com Miller
Supported Option B
Gary Chao
Said that usually code enforcement cases are processed based on complaints received Given
that the farm equipment has been there for more than 15 years it was doubtful that anyone
would raise a concern In the event that the property owner comes in for development or
permit required for modification that is when staff would move forward on it
Chair Brophy
Said there was consensus for Option B with the statement all heavy equipment can apply to all
properties as long as it is screened Staff will snake the change accordingly
Motion Motion by Vice Chair Lee second by Com Miller and unanimously carried 5 0 0
to approve Application MCA 2010 05 with the alternative Option to allow farm
equipment to be classified as heavy equipment and that it would be allowed on
residential properties including R1 RZ RHS and Al zones but subject to screening
like other heavy equipment
Friendly amendment by Com Kaneda That it apply to non residential properties as well
Vice Chair Lee and Com Miller accepted the friendly amendment Motion carried
unanimously 5 00
108
Cupertino Planning Commission 30 October 12 2010
Com Giefer
Commented that when PG E and the Water Company are doing tree and line work with heavy
equipment they stage their equipment on the road where the horse corral use to be and it is by
agreement with the property owners that they are allowed to park their heavy equipment there
for whatever period of time it takes to make repairs and none of that is screened She said to
her knowledge no one complains about it because they are glad to have the work done but it
flies in the fact of that type of staging Will PG E and the water company park their cars
their heavy equipment some place else and bring it back every day
Aarti Shrivastava
The last sentence in the paragraph on heavy equipment says that heavy equipment may
temporarily be kept for construction or installation of improvements if there is construction
going on we do consider that There is nothing happening on this site we have the ability to
say move it or screen it
OLD BUSINESS None
NEW BUSINESS None
REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
No meeting A meeting is scheduled for Thursday October 14 Chair Brophy will attend in
Com Kanedas place
Manors Monthly MeetinE With Commissioners
Meeting may be scheduled for Wed October 13
Economic Development Committee Meeting No report
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
Aarti Shrivastava reviewed the Councils deciision on The Metropolitan They moved forward
with getting 40 of the frontage as non retail working within the rules the Planning
Commission set restricting it to Building B and also said that if the non retail is going to be
medical they should work with staff to determine how many spaces can be in the garage
The Council also upheld the Planning Commission recommendation to deny the map to create
the five condos and asked staff to work with the applicant to rectify the DRE issue where they
actually went forward and recorded the five condos
The cell tower on Results Way has been appealed and will go to the Council shortly
Adjournment The meeting was adjourned to the next regular Planning Commission meeting
scheduled for ctober 26 2010 at 645 pm
0
Respectfully Submitted
o
te
Elizabeth d Recording Secretary
Approved as presented October 26 2010
109
ATTACHMENT C
MCA-2010-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6613
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE MUNICIPAL CODE
AMENDMENT TO CHAPTER 19.100 (PARKING ORDINANCE) OF THE CUPERTINO
MUNICIPAL CODE ALONG WITH ASSOCIATED AMENDMENTS TO CHAPTER
19.08 (DEFINITIONS ORDINANCE) RELATED TO CLARIFYING LANGUAGE
REGARDING STORAGE AND PARKING OF HEAVY EQUIPMENT, AIRCRAFT AND
PLANNED NON-OPERATIONAL VEHICLES IN RESIDENTIAL ZONES
The Planning Commission recommends approval of the proposed amendments to the
City of Cupertino Municipal Code as shown in Exhibit A attached herewith.
PASSED AND APPROVED this 12th day of October 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Miller, Kaneda,
Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
110
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
PLANNING COMMISSION STAFF REPORT
Agenda Item No. Agenda Date: October 12, 2010
Application: MCA-2010-05
Applicant: City of Cupertino
Application Summary: Municipal Code Amendment 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 recommends that the Planning Commission recommend that the City Council adopt the
proposed amendments in accordance with the model resolution (Attachment A).
BACKGROUND:
On July 20, 2010, the City Council reviewed the proposed Parking Ordinance Amendment
brought forward by the Code Enforcement Division to address issues related to the storage of
vehicles in residential zones and directed that the item be forwarded to Planning Commission
for a recommendation to Council.
DISCUSSION:
The proposed Parking Ordinance amendments are needed to clarify language regarding storage
and parking of vehicles and help with enforcement. The issues and recommended
modifications are discussed below:
Parking on impervious and semi-pervious surfaces
The current ordinance does not clearly define impervious and semi-pervious surfaces. Code
Enforcement staff has found several cases where 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 II to Exhibit A, Page 1).
Storage of heavy equipment
Section 19.100.010, Purpose, of the Parking Ordinance 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 or residents and …”
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MCA-2010-05 Parking and Definitions Ordinance Amendments October 12, 2010
Page 2
However currently, the Parking Ordinance does not have clear provisions to regulate parking
and/or storage of unsightly and oversized heavy equipment, such as construction equipment,
in residential zones. In the past year, Code Enforcement staff has received several complaints
from neighbors regarding heavy equipment stored in residential areas (see Attachment B –
photographs of heavy equipment stored on residential property).
Staff is proposing language to allow storage of heavy equipment in residential zones provided
the equipment is not visible from the street and is located behind a conforming fence.
Corresponding definitions have been proposed in Chapter 19.08 (See Attachment I to Exhibit A
– Pages 10 and 21). Cities such as, Santa Clara and Los Altos have similar regulations (see
Attachment B).
Storage of airplanes
The current definition of vehicle includes airplanes 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 conforming six foot tall fence. Cities such as, Santa Clara
and Los Altos have similar regulations (see Attachment B)
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 cars for an extended period of time, to obtain a
planned non-operational permit. In such cases, 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 City’s Parking Ordinance is consistent with this but
additionally prohibits parking such cars on private property. Staff is recommending revisions to
allow the storage of PNO vehicles, in addition to currently registered vehicles, to be parked on
residential property.
Farm Equipment
The intent of this provision of the Parking Ordinance is to allow farm equipment to be stored on
property where farming functions are allowed. Language is being proposed to clarify this.
Planning Commission alternative – The ordinance currently requires that farm equipment
be stored within 200 feet of the property line and that it be screened from the street. With
the changes proposed to the Parking Ordinance related to heavy equipment, farming
equipment could also be considered heavy equipment and the farm equipment provision
could be eliminated.
If the Planning Commission recommends this change, staff will change the proposed
ordinance prior to City Council review of this item.
OTHER MISCELLANEOUS CHANGES TO CHAPTER 19.08 – DEFINITIONS
Minor formatting changes have been made to the Definitions Chapter for ease of reading and
understanding. Other areas have been consolidated to minimize repeated language in multiple
locations.
112
MCA-2010-05 Parking and Definitions Ordinance Amendments October 12, 2010
Page 3
ENVIRONMENTAL CONSIDERATIONS
The proposed ordinance amendments are considered exempt by the California Environmental
Quality Act (CEQA Section 15601(b)(3)) to have any significant effect on the environment.
Prepared by: Piu Ghosh, Associate Planner
Reviewed by: Approved by:
______________________________ ___________________________
Gary Chao Aarti Shrivastava
City Planner Community Development Director
ATTACHMENTS:
Model Resolution(s)
113
ATTACHMENT E
-1-
CHAPTER 19.08: 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
the zoning regulations. The meaning and construction of words and phrases defined in this
chapter shall apply throughout the zoning regulations, except where the context of such word
or phrases clearly indicates a different meaning or construction.
(Ord. 1601, Exh. A (part), 1992)
19.08.020 General Rules for Construction of Language.
The following general rules of construction shall apply to the text of the zoning regulations:
A. The particular shall control the general.
B. In case of any difference of meaning or implication between the text of any provision and
any caption or illustration, the text shall control.
C. The word “shall” is always mandatory and not discretionary. The word “may” is
discretionary.
D. References in the masculine and feminine genders are interchangeable.
E. Words used in the singular include the plural, and the plural includes the singular, unless
the context clearly indicates the contrary.
F. The words “activities” and “facilities” include any part thereof.
G. Unless the context clearly indicates to the contrary, the following conjunctions shall be
interpreted as follows:
1. “And” indicates that all connected items or provisions shall apply;
2. “Or” indicates that the connected items or provisions may apply singly or in any
combination;
3. “Either . . . or” indicates that the connected 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 agencies to which reference is made are those of the City
unless otherwise indicated.
K. “City” means the City of Cupertino.
114
-2-
(Ord. 1601, Exh. A (part), 1992)
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. “A” Definitions:
1. “Abandon” means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during
normal periods of vacation or seasonal closure.
2. “Abutting” means having property or district lines in common.
3. “Accessory building” means a building which is incidental to and customarily associated
with a specific principal use or facility and which meets the applicable conditions set forth
in Chapter 19.80.
4. “Accessory structure” means a subordinate structure, the use of which is purely incidental
to that of the main building and which 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. “Addition” means any construction which increases the size of a building or facility in
terms of site coverage, height, length, width, or gross floor area ratio.
6. “Adult bookstore” means a building or portion thereof used by an establishment having as
a substantial or significant portion of its stock in trade for sale to the public or certain
members thereof, books, magazines, and other publications which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas,” as hereinafter defined.
7. “Adult cabaret” means a building or portion 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 or 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 motion pictures distinguished or characterized by an
emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas,” as hereinafter defined, for observation by patrons or
customers.
9. “Agriculture” means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer
yards, bone yard, or plants for the reduction of animal matter or any other similar use.
10. “Alley” means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
115
-3-
11. “Alteration” means any construction or physical 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 substantial change in appearances of any building or
structure.
1a. “Incidental alteration” means any 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 services, fixtures, or appliances; any addition, closing, or
change in size of doors or windows in the exterior walls; or any replacement of a
building facade which does not increase the structural strength of the structure.
2b. “Structural alteration” means any alteration not deemed an incidental alteration.
12. “Amusement park” means a commercial facility which supplies various forms of indoor
and outdoor entertainment and refreshments.
13. Animal:
a. Animal, Adult. “Adult animal” means any animal four months of age or older.
b. “Animal care” means a use providing grooming, housing, medical care, or other
services to animals, including veterinary services, animal hospitals, overnight or short-
term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar
services.
c. Animal, Large. “Large animal” means any equine, bovine, sheep, goat or swine or
similar domestic or wild animal, as determined by the Planning Commission.
d. Animal, Small. “Small animal” means animals which are commonly found in single-
family residential areas such as chickens, 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 family doing its cooking therein.
15. “Apartment house” means a building designed and used to house three or more families,
living independently of each other.
16. “Apartment project” means a rental housing development consisting of two or more
dwelling units.
17. “Architectural feature” means any part or appurtenance of a building or structure which is
not a portion of the living area of the building or structure. Examples include: cornices,
canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any
projection of the floor area shall not constitute an architectural projection.
18. “Atrium” means a courtyard completely enclosed by walls and/or fences.
19. “Attic” means an area between the ceiling and roof of a structure, which is unconditioned
(not heated or cooled) and uninhabitable.
20. “Automotive service station” means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The
sale of food or grocery items on the same site is prohibited except for soft drinks and snack
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foods, either from automatic vending machines or in shelves. The sale of alcoholic
beverages on the site is governed by Chapter 19.106.
21. “Automotive repair and maintenance (minor)” means the supplying of routine automotive
services such as lubrication, engine tuneups, smog certificates, servicing of tires, brakes,
batteries and similar accessories, and minor repairs involving engine accessories. Any
repair which requires the engine, drive train, transmission assembly, exhaust system, or
drive train parts to be removed from a motor vehicle or requires the removal of internal
parts shall not be considered minor. Body and paint shop operations 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 = ⎝⎛⎠⎞ I x L x 100
A
S = Average slope of ground in percent
I = Contour interval in feet
L = Combined length in feet of all contours on parcel
A = Area of parcel in square 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 contiguous lots bounded on all sides by streets, railroad
rights-of-way, or waterways, and not traversed by any street, railroad right-of-way or
waterway.
3. “Boarding home” means any building used for the renting of rooms or providing of table
board for from three to five persons, inclusive, 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 to be a separate building.
a. Building, Attached. “Attached building” means buildings which are physically
connected by any structural members or wall, excluding decks, patios or fences.
5. “Building coverage” means that portion of the net lot area encompassed within the
outermost wall line which defines a building enclosure.
6. “Business” or “commerce” means the purchase, sale or other transaction involving the
handling or disposition of any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops for the sale of personal services,
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garages, outdoor advertising signs and structures, hotels and motels, and recreational and
amusement enterprises conducted for profit.
7. “Business or trade school” means a use, except a college or university, providing education
or training in business, commerce, language, or similar activity or pursuit, and not
otherwise defined as a home occupation.
C. “C” Definitions:
1. “Canopy” means any roof-like structure, either attached to another structure or
freestanding, or any extension of a roof line, constructed for the purpose of protection from
the elements in connection with outdoor living.
2. “Car shelter” means a roofed structure or a part of a building not enclosed by walls,
intended and designed to accommodate one or more vehicles.
3. “Centerline” means the centerline as established 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 of an existing use by a new use, or a change in the
nature of an existing use, but not including a change in ownership, tenancy or management
where the previous nature of the use, line of business, or other function is substantially
changed.
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 day care facility.
6. “Child day care facility” means a facility, licensed by the State or County, which provides
care to children under eighteen years of age in need of personal service, supervisors, or
assistance essential for sustaining the activities of daily living or for the protection of the
individual on a less than twenty-four-hour basis. Child day care facility includes day care
centers and family day care homes and includes the following:
1a. “Large child care facility,” which means a facility which provides child and day care to
seven to twelve children inclusive;
2b. “Small child care facility,” which means 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(f) of Article XIII of the Constitution of the State
of California and Section 206 of the Revenue and Taxation Code of the State of California,
or successor legislation, constitutes prima facie evidence that such use is a church as
defined in this section.
8. “College” or “university” means an educational institution of higher learning which offers
a course of studies designed to culminate in the issuance of a degree or defined by Section
94302 of the Education Code of the State of California, or successor legislation.
9. “Commercial recreation” means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar
services, operated on a private or for-profit basis, but excluding uses defined as outdoor
recreation services.
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10. “Community center” means a place, structure, area, or other facility used for and providing
religious, fraternal, social and/or recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
11. “Community housing project” means a condominium 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 Code, containing two or more rights of exclusive
occupancy, or a stock cooperative, as defined 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 building or portion thereof which contains facilities for
living, sleeping and sanitation, as required pursuant to the Uniform Building, Housing and
Fire Codes and may include facilities for eating and cooking for nontransient occupancy
primarily by persons eighteen years old and older, in which the responsibilities for rent,
housekeeping, cooking and other household 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 attention, 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 convenience items, including sale of food in disposable
containers primarily for off-premises consumption, and typically found in establishments
with long or late hours of operation and in relatively small buildings, but excluding
delicatessens and other specialty food shops and establishments which have a sizable
assortment of fresh fruits, vegetables, and fresh-cut meats.
15. “Conversion” means a change in the type of ownership of a parcel (or parcels) of land,
together with the existing attached structures, 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 made or are to be made to such structure.
16. “Corner triangle” means a triangular-shaped area bounded by:
1a. The intersection of the tangential extension of front and end property lines as formed by
the intersection of two public rights-of-way abutting the said property lines; and
2b. The third boundary of the triangular-shaped area shall be a line connecting the front
and side property lines at a distance of forty feet from the intersection of the tangential
extension of front and side property lines.
17. “Court” means an open, unoccupied space, other than a yard, on the same lot with a
building or buildings and which is bounded on two or more sides by such building or
buildings, including the open space in a house court or court apartment providing access.
18. “Covered parking” means a carport or garage that provides full overhead protection from
the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not
ordinarily roof coverings and cannot be used in providing a covered parking space.
D. “D” Definitions:
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1. “Day care center” means any child day care facility, licensed by the State or County, other
than a family day care home, and includes infant centers, preschools, and extended day
care facilities.
a. Day Care Home, Family. “Family day care home” means a home, licensed by the State
or County, which regularly provides care, protection and supervision of twelve or
fewer children, in the provider’s own home, for periods of less than twenty-four hours
per day, while the parents or guardian are away, and includes the following:
1i. “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;
2ii. “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 subdivider with a controlling proprietary interest in the
proposed community housing project, or the person or organization making application
thereunder.
3. “Development Permit” means a permit issued by the City Council, Planning Commission,
Design Review Committee, Director of Community Development, or any other decision
body as empowered by the Cupertino Municipal Code, approving architecture, site
improvements, buildings, structures, land and/or uses. Development Permits may include
but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential
Permits, Architectural and Site Approvals, Planned Development Permits, Conditional Use
Permits, Exceptions, Variances or Subdivision Maps.
4. “District” means a portion of the territory within the City within which certain uses of
land, premises and buildings are permitted and certain other uses of land, premises and
buildings are prohibited, and within which 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 the premises.
6. “Drive-through establishment” means an activity where a portion of retailing or the
provision of service can be conducted without requiring the customer to leave his or her
car.
7. Driveway, Curved. “Curved driveway” 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 line.
8. “Duplex” means a building containing not more than two kitchens, designed and used to
house not more than two families living independently of each other.
9. “Dwelling unit” means a room or group of rooms including living, sleeping, eating,
cooking and sanitation facilities, constituting a separate and independent housekeeping
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unit, occupied or intended for occupancy by one family on a nontransient basis and having
not more than one kitchen.
E. “E” Definitions:
1. Emergency Shelter
a. “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).
b. “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).
2. “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.
3. “Entry feature” means a structural element, 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 vehicles drawn by such animals, with related pasture
lands, corrals and trails.
5. “Equipment yard” means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public
utility service, transportation service, or similar activity, including but not limited to, a
construction material yard, corporation yard, vehicular service center or similar use.
“Equipment yard” means a construction material yard, corporation yard, vehicular service
center or similar use. Readability F. “F” Definitions:
1. “Facility” means a structure, building or other physical contrivance or object.
1a. “Accessory facility” means a facility which is incidental to, and customarily associated
with a specified principal facility and which meets the applicable conditions set forth
in Chapter 19.80.
2b. “Noncomplying facility” means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any
district to the property involved by reason of which the adoption or application the
facility becomes noncomplying. (For the definition for “nonconforming use” see the
definition “use” in this chapter.)
3c. “Principal facilities” means a main building or other facility which is designed and
constructed for or occupied by a principal use.
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2. “Family” means an individual or group of persons living together who constitute a bona
fide single housekeeping unit in a dwelling unit. “Family” shall not be construed to
include a fraternity, sorority, club, or other group of persons occupying a hotel,
lodginghouse, or institution of any kind.
3. “Family day care home” means a home which regularly provides care, protection,
supervision of children in the home for periods of less than twenty-four hours a day, while
the parents or guardians are away.
4. “First floor” means that portion of a structure less than or equal to twenty feet in height,
through which a vertical line extending from the highest point of exterior construction to
the appropriate adjoining grade, passes through one story.
5. “Floor area” means the total area of all floors of a building measured to the outside surfaces
of exterior walls, and including the following:
1a. Halls;
2b. Base of stairwells;
3c. Base of elevator shafts;
4d. Services and mechanical equipment rooms;
5e. Interior building area above fifteen feet in height between any floor level and the
ceiling above;
6f. Basements with lightwells that do not conform to Section 19.28.060F;
7g. In all zones except residential, permanently roofed, but either partially enclosed or
unenclosed building features used for sales, service, display, storage or similar uses.
6. “Floor area” shall not include the following:
1a. Basements with lightwells that conform to Section 19.28.060F;
2b. Lightwells;
3c. Attic areas;
4d. Parking facilities, other than residential garages, accessory to a permitted conditional
use and located on the same site;
5e. Roofed arcades, plazas, walkways, porches, 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 building or other structure nearest the street upon which
the building faces, but excluding certain architectural features as defined in this chapter.
9. “Full cash value” has the meaning assigned to it in the California Revenue and Taxation
Code for property taxation purposes.
G. “G” Definitions:
1. “Garage” means an accessory building (completely closed) used primarily for the storage
of motor vehicles.
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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, or similar landscaping feature, unless required for
drainage, within the area between the building and the property line, or when the property
line is more than five feet from the building, between the building and a line five feet from
the building.
3. “Gross lot area” means the horizontal area included within the property lines of a site plus
the street area bounded by the street centerline up to thirty feet distant from the property
line, the street right-of-way line and the extended side yard to the street centerline.
4. “Group care activities” means a residential care facility providing continuous care for six or
fewer persons on a twenty-four-hour basis, which requires licensing by a governmental
agency.
5. “Guest room” means a room which is intended, arranged or designed to be occupied by
occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the
room is located, and which contains no kitchen facilities.
H. “H” Definitions:
1. “Habitable floor” means the horizontal space between a floor area of at least seventy
square feet and the ceiling height measuring at least seven feet six inches above it, except
for a kitchen which shall have a ceiling height not less than seven feet above said floor.
2. “Habitable space” means space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are
not considered habitable space.
3. “Heavy equipment” means any mechanical 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,
cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or similar
farm equipment, or any similar device.
4. “Height” means a
vertical distance
measured parallel to
the natural grade to the
highest point of
exterior construction,
exclusive of chimneys,
antennas or other
appurtenances, except
that entry features are
measured to the top of
the wall plate.
Height restriction shall
be established by
establishing a line
parallel to the natural
grade. Clarification Height Limit for Entry Features
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5. “Home occupation” means an accessory activity conducted in a dwelling unit solely by the
occupants thereof, in a manner incidental to residential occupancy, in accord with the
provisions of this title. (For further provisions, see regulations for home occupation in
Chapter 19.92.)
6. “Hospital” means a facility for providing medical, psychiatric or surgical services for sick
or injured persons, primarily on an inpatient basis, and including ancillary facilities for
outpatient and emergency treatment, diagnostic services, training, research,
administration, and service to patients, employees or visitors.
7. “Hotel” means a facility containing rooms or groups of rooms, generally without
individual kitchen facilities, used or intended to be used by temporary overnight
occupants, whether on a transient or residential occupancy basis, and whether or not eating
facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or
similar use, but does not include mobilehome parks or similar uses.
8. “Household pets” means small animals commonly found in residential areas such as
chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or
equine animal, or any goat, sheep or swine. This title does not regulate the keeping of
small household pets, such as fish, birds or hamsters, which is incidental to any permitted
use.
I. “I” Definitions:
None.
J. “J” 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, including scrap metals or other scrap material, and/or for
the dismantling or wrecking of automobiles or other vehicles or machinery.
K. “K” Definitions:
1. “Kitchen” means an area in habitable space used for the preparation of food and including
at least three of the following:
1a. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas
connections and space for appliances between counters;
2b. Counter;
3c. 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, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or similar material (excluding driveways,
parking, loading or storage areas), and sculptural elements.
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2. “Late evening activities” means an activity which maintains any hours of operation during
the period of eleven p.m. to seven a.m.
3. “Legal substandard lot” means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in
the zone; or lots or parcels of record which are reduced to a substandard lot size as a result
of required street dedication unless otherwise provided in the City of Cupertino General
Plan. The owner of a legally created, substandard property which is less than six thousand
square feet but equal to or greater than five thousand square feet may utilize such parcel
for residential purposes. The owner of a legally created parcel of less than five thousand
square feet may also develop the site as a single-family residential building site if it can be
demonstrated that the property was not under the same ownership as any contiguous
property on the same street frontage as of or after July 1, 1984.
4. “Lightwell” means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
5. “Liquor store” means a use requiring a State of California “off-sale general license” (sale for
off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of
the total dollar sales accounted for by beverage covered under the off-sale general license.
6. “Living space” means habitable space and sanitation.
7. “Loading space” means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
8. “Lodging” means the furnishing of rooms 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 residential 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 of rooms not including a kitchen, used or intended
for use by overnight occupants as a single unit, whether located in a hotel or a dwelling
unit providing lodging where designed or used for occupancy by more than two persons;
each two-person capacity shall be deemed a separate lodging unit for the purpose of
determining residential density; each two 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 as one site for a use or a group of uses.
1a. “Corner lot” means a lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street lines.
2b. “Flag lot” means a lot having access to a street by means of a private driveway or parcel
of land not otherwise meeting the requirement of this title for lot width.
3c. “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 corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
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5e. “Lot area” means the area of a lot measured 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 excluding 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 otherwise.
11. “Lot coverage” means and encompasses the following:
1a. “Single-family residential use” means 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 recreational facilities.
2b. “All other uses except single-family residential” means the total land area within a site
that is covered by buildings, excluding all projections, ground-level paving, landscape
features, and open recreational facilities.
12. “Lot depth” means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is
no clear rear lot line.
13. “Lot line” means any boundary of a lot.
1a. “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, or on a flag lot, the interior lot line most parallel to
and nearest the street from which access is obtained.
2b. “Interior lot line” means any lot line not abutting a street.
3c. “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 which is not a front or rear lot line.
5e. “Street lot line” means any lot line abutting a street.
14. “Lot of record” means a lot which is part of a subdivision recorded in the office of the
County Recorder, or a lot or parcel described by metes and bounds which has been
recorded.
15. “Lot width” means the horizontal distance between side lot lines, measured at the required
front setback line.
M. “M” Definitions:
1. “Manufacturing” means a use engaged in the manufacture, predominantly from
previously prepared materials, of finished products or parts, including processing
fabrication, assembly, treatment, packaging of such products, but excluding basic
industrial processing of extracted or raw materials, processes utilizing inflammable or
explosive material (i.e., materials which ignite easily under normal manufacturing
conditions), and processes which create hazardous or commonly recognized offensive
conditions.
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2. “Massage” means any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body
with the hands or with any mechanical or electrical apparatus or other appliances or
devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic,
oil, powder, cream, lotion, ointment or other similar preparations.
3. “Massage parlor” means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for
compensation is operated which is not exempted or regulated by the Massage
Establishment Ordinance as contained in 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 human habitation, for carrying persons and property
on its own structure, and for being drawn by a motor vehicle, and shall include a trailer
coach.
5. “Mobilehome park” means any area or tract of land where lots are sold, rented, or held out
for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the
purpose of permanent or semipermanent housing.
6. “Multiple-family 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 approved grading plan that is part of a subdivision
map approval.
2. “Net lot area” means the total area included within the property lines of a site, excluding
the following:
1a. Any portion of a site within the right-of-way of an existing public street;
2b. 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;
3c. The full width of any legal easement used for access purposes.
3. “Nightclub” means an establishment providing alcoholic beverage service and late evening
(past eleven p.m.) entertainment, with or without food service.
O. “O” Definitions:
1. “Office” means:
1a. “Administrative or executive offices” including those pertaining to the management of
office operations or the direction of enterprise but not including merchandising or sales
services.
2b. “Medical office” means a use providing consultation, diagnosis, therapeutic,
preventative or corrective personal treatment services by doctors, dentists, medical and
dental laboratories, and similar practitioners of medical and healing arts for humans,
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licensed for such practice by the State of California and including services related to
medical research, testing and analysis.
3c. “Professional offices” such as those pertaining to the practice of the professions and arts
including, but not limited to, architecture, dentistry, engineering, law and medicine,
but not including sale of drugs or prescriptions except as incidental to the principal
uses and where there is external evidence of such incidental use.
2. “Offset” means the indentation or projection of a wall plane.
3. “Open” means a space on the ground or on the roof of a structure, uncovered and
unenclosed.
4. “Organizational documents” means the declaration of restrictions, articles of incorporation,
bylaws and any contracts for the maintenance, management or operation of all or any part
of a community housing project.
5. “Outdoor recreation use” means a privately owned or operated use providing facilities for
outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor
sport or recreation, operated predominantly in the open, except for accessory or incidental
enclosed services or facilities.
P. “P” Definitions:
1. “Park” means any open space, reservation, playground, swimming pool, golf course,
recreation center, or any other area in the City owned or used by the City or County and
devoted to active or passive recreations.
2. “Parking area” means an unroofed, paved area, delineated by painted or similar markings,
intended and designed to accommodate one or more vehicles.
3. “Parking facility” means an area on a lot or within a building, or both, including one or
more parking spaces, together with driveways, aisles, turning and maneuvering areas,
clearances and similar features, and meeting the requirements established by this title.
Parking facility includes parking lots, garages and parking structures.
1a. “Temporary parking facility” means parking lots which are not required under this title
and which are intended as interim improvements 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 individual athletic development, increased skill
development in sports activity, or rehabilitative therapy for athletic injury.
6. “Picnic area” means a facility providing tables and cooking devices for preparation and
consumption of meals out of doors or within an unenclosed shelter structure.
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7. “Practice range” means a facility providing controlled access to fixed or movable objects
which are used to test and measure accuracy of discharge from a weapon.
8. “Private educational facility” means a privately owned school, including schools owned
and operated by religious organizations, offering instruction in the several branches of
learning and study required to be taught in the public schools by the Education Code of the
State of California.
9. “Professional office” means a use providing professional or consulting service in the fields
of law, architecture, design, engineering, accounting, and similar professions, including
associated testing and prototype development, but excluding product manufacturing or
assembly.
10. “Project improvements” means all public road improvements, undergrounding utility
improvements, and improvements to the on-site utility networks as required by the City of
Cupertino for a community housing project.
11. “Projection” means architectural elements, not part of the main building support, that
cantilevers from a single building wall or roof, involving no supports to the ground other
than the one building wall from which the element projects.
12. “Property” means real property which includes 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 operates a child day care home and is licensed by the State
of California.
14. “Public dancehall” is a building or portion thereof used for dancing purposes to and in
which the general public is admitted and 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 charge 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 excluding restaurants, hotel rooms and nightclubs in
which the dancing is incidental only to other entertainment.
“Public street” means all streets, highways, lanes, places, avenues and portions thereof and
including extensions in the length and width, which have been dedicated by the owners thereof
to public use, acquired for public use, or in which a public easement for roadway purposes
exists.
Q. “Q” Definitions:
None.
R. “R” Definitions:
“Recreation vehicle” means a vehicle towed or self-propelled on its own chassis or attached to
the chassis of another vehicle and designed or used for temporary dwelling, recreational or
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sporting purposes. The term recreation vehicle includes, but is not limited to, trailers, motor
coach homes, converted trucks and buses, and boats and boat trailers.
1. “Recreational open space” means open space within a community housing project
(exclusive of required front setback areas) which shall be used exclusively for leisure and
recreational purposes, for the use and enjoyment of occupants (and their visitors) of units
on the project and to which such occupants (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 open space.
2. “Recycling center” means facilities appurtenant and exterior to an otherwise allowed use,
which are utilized for collection of recyclable materials such as metal, glass, plastic, and
paper stored in mobile vehicles or trailers, permanent storage units, or in bulk reverse-
vending machines exceeding fifty cubic feet in size.
3. “Religious institution” means a seminary, retreat, monastery, conference center, or similar
use for the conduct of religious activities including accessory housing incidental thereto,
but excluding a private educational facility. Any such use for which a property tax
exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of
the State of California and Section 206 of the Revenue and Taxation Code of the State of
California, or successor legislation, or which 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 building or portion thereof designed or used for the
purpose of providing twenty-four-hour-a-day nonmedical residential living
accommodations pursuant to the Uniform 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 individual resident’s participation in group or individual
activities such as counseling, recovery planning, medical or therapeutic assistance.
Residential care facility includes, but is not limited to, health facilities as defined in
California Health and Safety Code (H&SC) Section 1250 et seq., community care facilities
(H&SC Section 1500 et seq.), residential care 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 restaurant” means a retail food service establishment
in which prepared foods or beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of the patrons may serve
themselves and may consume the food 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, bakeries or shops, shall not be considered fast-food
restaurants.
b. Restaurant, Full Service. “Full-service 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 bar facility for serving alcoholic beverages is not
permitted without a use permit.
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6. “Research and development” means a 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 of 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 extended time periods, and including all uses defined in
Sections 5115 and 5116 of the California Welfare and Institutions Code, or successor
legislation.
8. “Reverse vending machine” means a mechanical device which accepts one or more types of
empty beverage containers and issues a cash refund or credit slip.
9. “Rotating homeless shelter” means a shelter located in an existing church structure, the
shelter provided not to exceed two months in any twelve-month period at any single
location, and the number of occupants not 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 adjoining 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 thereof.
2. “Second dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities 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 situated.
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 in fee, easement, or otherwise, or a line otherwise
established to govern the location of buildings, 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 setback area” means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line
and the setback line on the same site.
1a. Setback Area, Required Front Yard. “Required front-yard setback area” means the
setback area extending across the front of a lot between the front lot line and the
setback line. Front yards shall be measured 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 minimum of sixty feet. The Planning Commission
shall have the discretion to modify the provisions of this definition when it improves
the design relationship of the proposed buildings to adjacent buildings or parcels.
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2b. Setback Area, Required Rear Yard. “Required rear-yard setback area” means the area
extending across the full width of the lot between the rear lot line and the nearest line
or point of the main building.
3c. Setback Area, Required Side Yard. “Required side-yard setback area” means the area
between the side lot line and the nearest line of a building, and extending from the
front setback line to the rear setback line.
5. “Shopping center” means a group of commercial establishments, planned, developed,
owned or managed as a unit, with off-street parking provided on the site.
6. “Single-family use” means the use of a site for only one dwelling unit.
7. “Specialty food stores” means uses such as bakeries, donut shops, ice cream stores,
produce markets and meat markets, or similar establishments where food is prepared
and/or sold primarily for consumption off the premises.
8. “Specified anatomical areas” means:
1a. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast below a point immediately above the top of the areola; and
2b. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
9. “Specified sexual activities” means:
1a. Human genitals in a state of sexual stimulation or arousal;
2b. Acts of human masturbation, sexual intercourse or sodomy;
3c. 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 above it.
11. “Street” means a public or private thoroughfare the design of which has been approved by
the City which affords the principal means of access to abutting property, including
avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley as defined in this chapter. Consistency Consistency – Moved from Public street a. Street, Public. “Public street” means all streets, highways, lanes, places, avenues and
portions thereof and including extensions in the length and width, which have been
dedicated by the owners thereof to public use, acquired for public use, or in which a
public easement for roadway purposes exists.
12. “Structure” means that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner.
a. Structure, Recreational. “Recreational structure” means any affixed accessory structure
or portion thereof, which functions for play, recreation or exercise (e.g., pool slides,
playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs
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and pools) but does not include portable play structures, such as swings or climbing
apparatus.
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 and Safety Code 50675.14(b)) means housing with no
limit on length of stay, that is occupied by the target population, and that is linked to onsite
or offsite services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community.
15. “Target population” (per CA Health and Safety Code 53260(d)) means adults with low
incomes having one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health conditions, or individuals eligible for services provided
under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code) and may, among other
populations, include families with children, elderly persons, young adults aging out of the
foster care system, individuals exiting from institutional settings, veterans, or homeless
people.
T. “T” Definitions:
1. “Transient” means any individual who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of
thirty consecutive calendar days or less, counting portions of calendar days as full days,
and including any individual who actually physically occupies the premises, by permission
of any other person entitled to occupancy.
2. “Transitional housing” and "transitional housing development" (per CA Health and Safety
Code 50675.2 (h)) means buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six months.
U. “U” Definitions:
1. “Use” means the conduct of an activity, or the performance of a function or operation, on a
site or in a building or facility.
1a. “Accessory use” means a use which is incidental to and customarily associated with a
specified principal use.
2b. “Conditional use” means a use listed 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.
3c. “Nonconforming use” means a use which is not a permitted use or conditional use
authorized within the district in which it is located, but which was lawfully existing on
October 10, 1955; or the date of any amendments thereto, or the application of any
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district to the property involved, by reason of which adoption or application the use
became nonconforming. (See “noncomplying facilities” in this chapter for a definition.)
4d. “Permitted use” means a use listed by the regulations of any particular district as a
permitted use within that district, and permitted therein as a matter of right when
conducted in accord with the regulations established by this title.
5e. “Principal use” means a use which fulfills a primary function of a household,
establishment, institution, or other entity.
2. “Useable rear yard” means that area bounded 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 less of the principal structure) may be included in
calculation of usable rear yard area.
V. “V” Definitions:
1. “Vehicle” means any boat, bus, trailer, motor home, van, camper (whether or not attached
to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup,
airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or
parts thereof, or any device by which any person or property may be propelled, moved or
drawn upon a public street, excepting a device moved exclusively by human power. Consistency– Moved from Recreation vehicle Clarification a. Vehicle, commercial. “Commercial vehicle” means a vehicle of a type required to be
registered under the California Vehicle Code used or maintained for the transportation
of persons for hire, compensation, or profit or designed, used, or maintained primarily
for the transportation of goods.
b. Vehicle, Recreation. “Recreation vehicle” means a vehicle towed or self-propelled on its
own chassis or attached to the chassis of another vehicle and designed or used for
temporary dwelling, recreational or sporting purposes. The term recreation vehicle
includes, but is not limited to, trailers, motor coach homes, converted trucks and buses,
and boats and boat trailers.
2. “Visual privacy intrusion” means uninterrupted visual access from a residential dwelling
or structure into the interior or exterior areas of adjacent residential structures, which area
is either completely or partially private, designed for the sole use of the occupant, and/or
which serves to fulfill the interior and/or exterior privacy needs of the impacted residence
or residences.
W. “W” Definitions:
None.
X. “X” Definitions:
None.
Y. “Y” Definitions:
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1. “Yard” means an area within a lot, adjoining 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.
1a. “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.
2b. “Rear yard” means a yard measured into a lot from the rear lot line, extending between
the side yards; provided that for lots having no defined rear lot line, the rear yard shall
be measured into the lot from the rearmost point of the lot depth to a line parallel to the
front lot line.
3c. “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.
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EXHIBIT 2
CHAPTER 19.100 PARKING (Partial)
19.100.030 Regulations for Parking and Keeping Storage of Vehicles in Various Zones.
A. Vehicles Permitted in Residential Zones. Clean up 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 defined in Chapter 19.08.030 of this title) or within
twelve feet of a public right-of-way in a rear yard area in all residential zones subject to the
following restrictions:
a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot
size of ten thousand square feet or less, a maximum of six vehicles are permitted in all
other residential zones, unless a greater number is approved by the City in conjunction
with a development plan. For purposes of counting vehicles, a camper mounted on a
pickup truck is considered one vehicle and other similarly vertically stacked
components which belong together shall be counted as a single vehicle. Horizontal
groupings shall be counted as two vehicles;
b. Any open vehicle containing trash or debris is prohibited;
c. No portion of any vehicle may overhang any public right-of-way;
d. All vehicles must be parked on an permanent impervious or semi-pervious surface.
Semi-pervious surfaces include unit pavers, turf block, brick, natural stone or other like
materials cobbles and must allow for partial infiltration of water. Impervious surfaces
include concrete, asphalt or any other surfaces other like materials that do not allow
infiltration of water. Impervious surfaces may 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; Clean up Clarification e. All vehicles must be either currently registered, where registration is required for legal
operation and in good operating condition or have a planned non-operation permit on
file with the Department of Motor Vehicles;
f. Residential driveways connecting to a detached garage or carport in the rear yard shall
have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in
length. Lots that are more than one hundred 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, driveways 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 lots 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.
Owners of vehicles made nonconforming by the adoption of this section shall comply
with this provision within two years of its enactment;
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i. Any commercial vehicle with a manufacturer'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 permitted.
[Provisions A(2)-A(8) and Provisions B – E unchanged]
19.100.040 Regulations for Off-Street Parking.
[Provisions A-K unchanged] Clarification L. Farm Equipment. For tractors or farm equipment, that are regularly parked within two
hundred feet of a public street or road, such parking places shall be screened from sight of
the street. Heavy equipment and airplanes shall be stored within entirely enclosed
structures or behind six-foot-high fencing in interior side yard and rear yard setback areas.
In no case shall these items be visible from the street even when placed in permitted areas.
Heavy equipment may be stored on site only during construction or installation of
improvements with a valid building or grading permit.
[Provisions M-Q unchanged]
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Coffee Society Lease.
Recommended Action
Authorize the City Manager to execute a one year lease with the Coffee Society, with the option
granted to the Coffee Society to extend this initial term with two additional one year periods.
Discussion
On August 23, 2010, the City issued a Request for Proposals to operate a food and beverage
business in the 500 square foot café space of the Cupertino Library. The RFP was advertized in
the World Journal, the San Jose Mercury, and the Cupertino Courier where interested parties
were directed to the City’s web site for a full document.
Additionally, staff emailed approximately 81 food service businesses and restaurants, of the
nearly 160 food businesses in Cupertino, to advise them of the availability of the space and
directed them to the City’s web site for the full RFP document. Approximately 62 commercial
retail brokers were advised as well.
Finally, those local business owners who knew the space might become available and were
interested in leasing it, were notified directly of the RFP.
On September 15, 2010, the City Clerk’s office had received three proposals by the deadline of
3:00 p.m. The respondents were as follows:
· Streeter & Sons, DBA Coffee Society, Cupertino
· Bonjour Crepes, Cupertino
· Sanghee Lee, San Jose
After careful consideration of the three proposals, Council instructed staff to enter into
negotiations with the Coffee Society. Suitable terms were agreed to by Council in closed session
on November 29, 2010 and a lease was subsequently prepared and provided to Jackie Streeter,
owner of the Coffee Society, for signature.
138
At the December 21, 2010 Council Meeting, Council asked for more time to review the proposed
lease with the Coffee Society so it was then brought back for consideration at the meeting of
January 4, 2011. Additionally, two areas of the proposed lease with the Coffee Society were
identified for correction and those corrections were made.
On January 4, 2011, Council voted to reject the proposed lease with Coffee Society and reopen
the Request for Proposals. The City of Cupertino has examined the pertinent circumstances
surrounding this transaction and has given instructions to their real estate negotiators in closed
session. The attached lease with the Coffee Society is now recommended for approval.
A summary of the terms of this proposed lease are as follows:
· a one year lease with the Coffee Society, with the option granted to the Coffee Society to
extend this initial term with two additional one year periods
· the base rent is established for the first year at $1,000 per month, followed by $1,050 per
month for the second year and $1,100 per month for the third year
· the business may be sold at any time and the lease assigned provided that the new tenant
retains the same name, type and level of service.
Sustainability Impact: The lease and the use of the library café space by the Coffee Society fully
supports the City’s sustainability goals.
Fiscal Impact
Upon execution of the lease, effective March 1, 2011, the City will begin receiving $1,000 per
month, with an additional $50 per month the second year and an additional $50 the third year.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments: Lease Agreement
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CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
ABAG/MTC - Sustainable Communities Strategy (SCS) and the Subregion Regional Housing
Needs Allocation (Sub RHNA) Process.
Recommended Action
Staff recommends that the Council:
1. Not authorize creating/joining a formal subregion for the 2014-2022 Regional Housing
Needs Allocation (RHNA) process.
Instead, staff recommends that the City pursue an informal collaborative process within Santa
Clara County that ensures several of the benefits of forming a subregion (e.g. trading housing
allocations, etc.).
Description
The purpose of this report is to provide the City Council a brief overview of the upcoming
ABAG/MTC Sustainable Communities Strategy (SCS) and to make a recommendation with
regard to the creation of a Subregion for the upcoming 2014-2022 Regional Housing Needs
Allocation (RHNA) process.
Discussion
SB 375 and the Sustainable Communities Strategy
Senate Bill 375 became law in 2008 and is considered landmark legislation for California
relative to land use, transportation and environmental planning. It calls for the development of a
Sustainable Communities Strategy (SCS) in all metropolitan regions in California. Within the
Bay Area, the law gives joint responsibility for the SCS to the Metropolitan Transportation
Commission (MTC) and the Association of Bay Area Governments (ABAG). The SCS
integrates several existing planning processes and is required to accomplish the following
objectives:
· Provide a new 25-year land use strategy for the Bay Area that is realistic and identifies areas
to accommodate all of the region’s population, including all income groups; and
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
150
March 1, 2011 Page 2
· Forecast a land use pattern, which when integrated with the transportation system, minimizes
greenhouse gas emissions from automobiles and light trucks and is measured against regional
target established for the Bay Area by the California Air Resources Board (CARB).
The SCS is a land use strategy required to be included as part of the Bay Area’s 25-year Regional
Transportation Plan (RTP). By federal law, the RTP must be internally consistent. Therefore, the
over $200 billion dollars of transportation investment typically included in the RTP must align
with and support the SCS land use pattern. SB 375 also requires that an updated eight-year
regional housing need allocation (RHNA) prepared by ABAG is consistent with the SCS. The
SCS, RTP and RHNA will be adopted simultaneously in early 2013. Attachment A (SCS staff
report to the Planning Commission dated January 25, 2011) provides more details on the SCA
process. Attachment B provides a timeline for the SCS, RTP and RHNA process.
Regional Housing Needs Allocation
Planning for affordable housing in the Bay Area is one of the essential tasks of sustainable
development. The process of setting goals for housing growth is a necessary precursor to the
Housing Element process, this process is known as the Regional Housing Needs Allocation
(RHNA). The State Department of Housing and Community Development (HCD) determines
housing demand for each region of the state and provides the allocations to the Council of
Governments (COGs). It is the responsibility of each COG to in turn distribute the housing
allocations among its jurisdictions. In the San Francisco Bay Area, the allocation distribution
process is the responsibility of the Association of Bay Area Governments, or ABAG. The COG
must distribute the allocation in accordance with the California Government Code and must do
so through a fair and open public process.
The process to update the RHNA began in 20 11:
· The Housing Methodology Committee for the region was appointed in January 2011.
Meetings will continue through September 2011. At the Santa Clara County level, the
RHNA Methodology Committee include two staff from cities (San Jose and Morgan Hill)
and two alternates (Cupertino and Sunnyvale), and a staff member from Santa Clara County.
· Cities must determine whether they want to form a Sub RHNA group by March 16, 2011. If
so, they must follow the same timeline for formulation as the Methodology Committee.
· Local jurisdictions will provide input prior to the adoption of the RHNA methodology by
September 2011.
· The final housing numbers for the region will be issued by the State Department of Housing
and Community Development (HCD) to ABAG by September 2011.
· The Draft RHNA will be released by ABAG by spring 2012.
· ABAG will adopt the Final RHNA by the end of summer 2012.
· Local governments will address the next round of RHNA in their next Housing Element
update (2014-2022).
· The distribution of housing needs will then inform the Detailed SCS Scenarios.
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March 1, 2011 Page 3
Housing Element Subregions (Sub RHNA)
In 2004, Assembly Bill 2158 was signed into effect by the Governor. AB 2175 added
Government Code Section 65584.03 to describe policy objectives of the allocation exercise,
make the RHNA process more transparent and to allow contiguous local governments to form a
subregion to receive and distribute its share of the regional housing need.
The California Government Code specifies the method to be used to calculate the subregion’s
share of the RHNA and gives the subregion the responsibility to create its own allocation
methodology. This process allows the subregion to determine each jurisdiction’s share of the
RHNA locally and recognize the uniqueness of each community. Should a subregion fail to
develop a methodology, the Association of Bay Area Governments (ABAG), the local COG, will
distribute the final RHNA numbers to each jurisdiction based upon its methodology.
Santa Clara County Sub RHNA
On February 9, 2011, the CMA considered a recommendation from the Santa Clara County
Planning Officials (SCCAPO) that recommends collaboration between the cities in the County
and begins to foster an appropriate structure that may be used for the next housing cycle (2022-
2030) to develop a formal subregional RHNA. The recommendation was based on concerns
about staffing and available financial resources to develop a Sub RHNA methodology under the
time constraints of State law.
The informal subregional cooperation and collaboration would:
· Utilize existing forums for communication and participation (e.g., Cities Association, City
Managers’ Association, SCCAPO, Housing Action Coalition, etc.).
· Pilot mechanisms for engagement and collaboration.
· Provide an opportunity for a unified voice representing the South Bay at the Housing
Methodology Committee, ABAG Board meetings, and other forums.
· Maintain the ability of contiguous jurisdictions to trade RHNA numbers
· Utilize the same methodology as ABAG (SCCAPO did not express a desire to create its own
methodology).
· Facilitate future collaboration sharing Housing Element consultants, analyses and policies,
and potentially resulting in shared review by the California Housing and Community
Development (HCD) Department.
On February 10, 2011, the Cities Association Board unanimously accepted a recommendation
from the City Managers’ Association (CMA) and the Santa Clara County Planning Officials
(SCCAPO) to not establish a formal subregion in the current RHNA process, but instead, as
suggested, pursue an informal collaborative process that ensures several of the benefits of
forming a subregion, e.g. trading allocations. The motion was unanimously passed with an
amendment to further research the definition of “contiguous” as it applies to trading allocations
amongst cities in SCC.
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March 1, 2011 Page 4
Pros and Cons of the Sub RHNA Process
The table below lists the pros and cons of forming a subregion under Section of 65584.03 of the
California Government Code.
Table 1
Pros Cons
· More local control/self-determination. · Subregion is responsible and accountable for
allocation and distribution.
· Better placement of housing and
protection of community character.
· Time and staff resource concerns to
complete new methodology.
· Opportunity for the County to show
leadership.
· Need to determine structure and process for
development of methodology, including
stakeholder involvement.
· Opportunity to strengthen Planning
Officials organization (SCCAPO) as
policy advisory body to City Managers’
Association and Cities Association.
·
· More flexibility to negotiate and trade
units.
· Cities that want to trade housing with other
cities may have to allocate resources
(infrastructure, services) and/or funding.
· Note: Some of these items can be done
without a subregion (e.g., trades, purchasing
sewer capacity/water supply) (although these
trades have constraints that would not apply
in a subregion). Staff is following up on
whether trades would be allowed between
non-contiguous jurisdictions.
· Foster collaboration and coordination. · Not all cities might participate.
· Could strain relationships between cities in
the County.
· HCD may offer consistent and timely
review of all of the County’s Housing
Elements.
· Could take longer to get agreement on the
correct format of the Housing Elements.
· Could lead to reduced costs if cities
decide to use the same consultant (in the
second phase) to prepare housing
elements, or share resources/coordinate
on policies/etc.
· Will need some allocation of money to begin
preliminary analysis/outreach as necessary.
· Monitoring a separate allocation system and
process would require considerable staff and
funding resources. The sub-region may still
end up with same ABAG methodology
and/or allocation.
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March 1, 2011 Page 5
Table 1
Pros Cons
· Could lead to grants for affordable
housing outreach and education.
· Unclear as to what grants are currently
available for such work.
· Safety net – use ABAG RHNA
individually if allocation system doesn’t
work.
· Lack of agreement on an allocation system
could be seen as a failure.
Next Steps
Even though a Sub RHNA is not recommended at this time, it appears that most of the Santa
Clara County cities will collaborate during the RHNA allocation and Housing Element process.
This collaboration could come in the form of hiring a consultant to prepare the Housing
Elements for all the Santa Clara County jurisdictions, transferring of RHNA allocations, etc.
The following are immediate steps in the Regional Housing Needs Allocation (RHNA) timeline:
• January 2011: Appointment of RHNA Methodology Committee.
• March 16, 2011: Final decision on whether to participate in Sub RHNA process.
• February-August 2011: Participation and review of housing methodology (ABAG and/or
subregional), including local agency input.
_____________________________________
Prepared by: Aarti Shrivastava, Director of Community Development
Approved for Submission by: David W. Knapp, City Manager
Attachments:
A. ABAG/MTC –SCS staff report to the Planning Commission dated January 25, 2011 (no
attachments)
B. Timeline for the SCS, RTP and RHNA process.
154
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE CUPERTINO CA 950143255
C U P E RT I N O 408 7773308 FAX 408 7773333 plarulingcupertinoor
PLANNING COMMISSION STAFF REPORT
Agenda Item No Agenda Date Tanuary 25 2011
SUMMARY
The purpose of this report is to provide the Commission with an overview of the SCS process to
date This report also describes the relationship between Senate Bill 375 and the Sustainable
Communities Strategy SCS and the effect of the law on local governments as well as the Bay
Area as a region The report is based on information provided by the Metropolitan
Transportation Commission MTC and the Association of Bay Area Governments ABAG The
SCS does not alter the authority of jurisdictions over local land use and development decisions
PURPOSE AND APPROACH
Senate Bi11375 became law in 2008 and is considered landmark legislation for California relative
to land use transportation and environmental planning It calls for the development of a
Sustainable Communities Strategy SCS in all metropolitan regions in California Within the
Bay Area the law gives joint responsibility for the SCS to the Metropolitan Transportation
Commission MTC and the Association of Bay Area Governments ABAG
The SCS integrates several existing planning processes and is required to accomplish the
following objectives
1 Provide a new 25year land use strategy for the Bay Area that is realistic and identifies areas
to accommodate all of the regiori s population including all income groups
2 Forecast a land use pattern which when integrated with the transportation system reduces
greenhouse gas emissions from automobiles and light trucks and is measured against our
regional target established by the California Air Resources Board CARB
The SCS is a land use strategy required to be included as part of the Bay Areas 25year Rgional
Transportation Plan RTP By federal law the RTP must be internally consistent Therefore
the over 200 billion dollars of transportation investment typically included in the RTP must
align with and support the SCS landuse pattern SB 375 also requires that an updated eight
year regional housing need allocation RHNA prepared by ABAG is consistent with the SCS
The SCS RTP and RHNA will be adopted simultaneously in early 2013 see Attachment 1 SCS
Schedule
11
155
January 25 2011 Sustainable Communities Strategies Update Page 2
The primary goal is to build a Bay Area which continues to thrive and prosper under the
changing circumstances of the twentyfirst century A successful SCS will
Recognize and support compact walkable places where residents and workers have access to
services and amenities to meet their daytoday needs
Reduce long commutes and decrease reliance that increases energy independence and
decreases the regiori s carbon consumption
Support complete communities which remain livable and affordable for all segments of the
population maintaining the Bay Area as an attractive place to reside start or continue a
business and create jobs
Support a sustainable transportation system and reduce the need for expensive highway and
transit expansions freeing up resources for other more productive public investments
Provide increased accessibility and affordability to our most vulnerable populations
Conserve water and decrease our dependence on imported food stocks and their high
transport costs
In recognition of these other goals ABAG and MTC will adopt performance targets and
indicators that will help inform decisions about land use patterns and transportation
investments These targets and indicators will apply to the SCS and the RTP The targets and
indicators are being developed by the Performance Targets and Indicators Ad Hoc Committee
of the Regional Advisory Working Group RAWG which includes local planning and
transportation staff nonprofit organizations and business and developers organizations The
targets are scheduled for adoption early 2011 and the indicators will be adopted in spring 2011
BUILDING ON EXISTING EFFORTS
In many respects the SCS builds upon existing efforts in many Bay Area communities to
encourage more focused and compact growth while recognizing the unique characteristics and
differences of the regiori s many varied communities FOCUS Priority Development Areas
PDAs are locallyidentified and regionally adopted infill development opportunity areas near
transit Cupertino does not currently have a PDA
While PDAs are only three percent of the regions land area local governments have indicated
that based upon existing plans resources and incentives the PDAs can collectively
accmmodate over fifty percent of the Bay Areas housing needs through 2035 The current RTP
allocates an average of 60 million a year to PDA incentiverelated funding Future RTPs
consistent with the SCS will be structured to provide policies and funding that is supportive of
PDAs and potentially other opportunity areas for sustainable development in the region
PARTNERSHIPS
To be successful the SCS will require a partnership among regional agencies local jurisdictions
Congestion Management Agencies CMAs transit agencies and other regional staleholders
12
156
January 25 2011 Sustainable Communities Strategies Update Page 3
MTC and ABAG are engaged in an intense information exchange with CountyCorridors
Working Groups throughout the Bay Area
Cupertinos Director of Community Development is working with the Santa Clara County
Association of Planning Officials SCCAPO primarily composed of planning directors from
each city and from Santa Clara County to address these issues Other City staff inembers are
involved in working groups of planners and transportation officials coordinated by and
supported technically by the Valley Transportation Authority VTA The CityCounty
Managers Association and the Santa Clara County Cities Association are also active in
reviewing key policy actions related to the SCS In addition to the CountyCorridor Working
Groups a Regional Advisory Working Group RAWG composed of local government
representatives and key stakeholders throughout the region provides technical oversight at the
regional level The Director of Community Development is a participant in those meetings
PROCESS SCS SCENARIOS
The final SCS will be the product of an interactive process that includes a sequence of growth
and supportive transportation scenarios Starting with an Initial Vision Scenario February
2011 followed by more detailed SCS scenarios that refine the initial vision scenario Spring and
Fa112011 and final draft early 2012
Initial Vision Scenario
ABAG and MTC will release an Initial Vision Scenario in February 2011 based in large part on
input from local jurisdictions through the countycorridor engagement process and information
collected by December 2010 The Vision Scenario will encompass an initial identification of
places policies and strategies for longterm sustainable development in the Bay Area Local
governments will identify places of great potential for sustainable development including
PDAs transit corridors employment areas as well as infill opportunity areas that lack transit
services but offer opportunities for increased walkability and reduced driving As noted earlier
Cupertino has not currently proposed a PDA
The Initial Vision Scenario will
Incorporate the 25year regional housing need encompassed in the SCS
Provide a preliminary set of housing and employment growth numbers at regional county
jurisdictional and subjurisdictional levels
Be evaluated against the greenhouse gas reduction target as well as the additional
performance targets adopted for the SCS
Detailed Scenarios
By the early spring of 2011 the conversation between local governments and regional agencies
will turn to the feasibility of achieving the Initial Vision Scenario by working on the Detailed
Scenarios The Detailed Scenarios will be different than the initial Vision Scenario in that they
will take into account constraints that might limit development potential and will identify the
infrastructure and resources that can be identified andor secured to support the scenario
13
157
January 25 2011 Sustainable Communities Strategies Update Page 4
MTC and ABAG expect to release a first round of Detailed Scenarios by July 2011 Local
jurisdictions will provide input which will then be analyzed for the release of the Preferred
Scenario by the end of 2011 The CountyCorridor Working Groups as well as the RAWG will
facilitate local input into the scenarios through 2011 The analysis of the Detailed Scenarios and
Preferred Scenario takes into account the Performance Targets and Indicators
REGIONAL HOUSING NEEDS ALLOCATION
As described above the eightyear RHNA must be consistent with the SCS Planning for
affordable housing in the Bay Area is one of the essential tasks of sustainable development In
the SCS this task becomes integrated with the regional land use strategy the development of
complete communities and a sustainable transportation system The countycorridor engagement
process will include discussions of RHNA since both the SCS and RHNA require consideration of
housing needs by income group The process to update the RHNA will begin in 2011
A Housing Methodology Committee for the region will be appointed in January 2011 Meetings
will continue through September 2011 At the Santa Clara County level the RHNA
Methodology Committee will include 2 staff from cities San Jose and Morgan Hill and 2
alternates Cupertino and Sunnyvale and a staff inember from Santa Clara County
Cities must determine whether they want to form a subregional RHNA group by March 2011 If
so they must follow the same timeline for formulation as the Methodology Committee
Local jurisdictions will provide input prior to the adoption of the RHNA methodology by
September 2011
The final housing numbers for the region will be issued by the State Department of Housing and
Community Development HCD to ABAG by September 2011
The Draft RHNA will be released by ABAG by spring 2012
ABAG will adopt the Final RHNA by the end of summer 2012
Local governments will address the next round of RHNA in their next Housing Element update
20142022
The distribution of housing needs will then inform the Detailed SCS Scenarios
REGIONAL TRANSPORTATION PLAN
The SCS creates an explicit link between the land use choices and the transportation
investments MTC and ABAGs commitment to the reduction of greenhouse gas emissions and
provision of housing for all income levels translates into an alignment of the development ofr
places committed to these goals and transportation infrastructure and housing funding The
regional agencies will work closely with the CMAs transportation agencies and local
jurisdictions to define financially constrained transportation priorities in their response to a call
for transportation projects in early 2011 and a detailed project assessment that will be completed
by July August 2011 the project assessment will be an essential part of the development of
Detailed SCS Scenarios The RTP will be analyzed through 2012 and released for review by the
end of 2012 ABAG will approve the SCS by March 2013 MTC will adopt the final RTP and SCS
by Apri12013
14
158
January 25 2011 Sustainable Communities Strategies Update Page 5
Regional agencies will prepare one Environmental Impact Report EIR for both the SCS and the
RTP This EIR might assist local jurisdictions in streamlining the environmental review process
for some of the projects that are consistent with the SCS Local jurisdictions are currently
providing input for the potential scope of the EIR Regional agencies are investigating the scope
and strategies for an EIR that could provide the most effective support for local governments
ADDITIONAL REGIONAL TASKS
MTC ABAG and the Bay Area Air Quality Management District are coordinating the impacts of
CEQA thresholds and guidelines recently approved by the Air District The Air District is
currently developing tools and mitigation measures related to the CEQA thresholds and
guidelines to assist with development projects in PDAs The four regional agencies will be
coordinating other key regional planning issues including any adopted climate adaptation
related policy recommendations or best practices encompassed in the Bay Plan update recently
released by Bay Area Conservation and Development Commission BCDC
CUPERTINOS ROLE IN THE SUSTAINABLE COMMUNITIES STRATEGY
The City will Ue asked to respond to several key questions over the coming year and beyond
such as but not limited to
1 How do our current policy documents General Plan Specific Plans and Area Plans relate to the
SCS
2 How much housing and employment shouldcan the City accommodate to provide a
meaningful contribution to smart growth and sustainable development mandates of the Bay
Area and balance new growth opportunities with the existing character of the City of
Cupertino
3 Where are the key areas where the City expects to accommodate new housing and
employment within the next 25 years
4 What are the key local sustainable development issues strategies that might be advanced
through the SCS eg type of housing employment centers affordable housing
opportunities for enhanced commercial revenue etc
5 What infrastructure investments would be needed to support additional development in
Cupertino eg enhanced school facilities open space transportationtransit etc
6 How should the City Council Commission and staff participate in the SCS process
The SCS provides an opportunity for the City of Cupertino to advance local goals as part of a
coordinated regional framework The SCS will help begin a dialogue on balancing issues at the
local level new housing jobs etc while addressing regional objectives As such it may serve
as a platform for cities and counties to discuss and address a wide spectrum of challenges
including high housing costs economic development affordable and accessible transportation
and public health and identify local regional and state policies to address them
15
159
January 25 2011 SustainaUle Communities Strategies Update Page 6
NEXT STEPS
The following is an outline of key steps in the SCS process in 2011
OctoberNovember 2010 Staff input to Planned Development Areas PDAs and other
opportunity areas
February 2011 Release of the Initial Vision Scenario
MarchApri12011 Local agency feedback to the Initial Vision Scenario
AprilAugust 2011 Release of Detailed SCS Scenarios and local agency input
Reonal Housing Needs Allocation RHNA
January 2011 Appointrnent of RHNA Methodology Committee
March 2011 Determination whethr to participate in subregional housing methodology effort
FebruaryAugust 2011 Participation and review of housing methodology ABAG andor
subregional including local agency input
Input to the Initial and Detailed Vision scenarios will encompass reviews by staff the Planning
Commission and City Council and the community through the hearing process
Prepared by Aarti Shrivastava Director of Community Development LG
l SlGi0 O
ATTACHMENTS
Attachment 1 Draft Schedule of City Input for Sustainable Community Strategies and Regional
Housing Needs Allocation Process
Attachment 2 Letter from ABAG Outlining Process for Subregional RHNA Determinations
Attachment 3 Place Type Description Charts ABAGMTC
Gplanningpdreportpc22011SCA Update012511doc
16
160
MTC Planning Committee
Policy Board
Actions
Meeting for Discussion/
Public Comment
JOINT meeting of the ABAG Administrative Committee, the Joint Policy Committee
and the MTC Planning Committee for Discussion/Public Comment Decision Document Release
ABAG - ABAG Administrative Committee
JPC- Joint Policy Committee
MTC- MTC Planning Committee
MTCABAGJPC
*Subject to change
For more information on key actions and decisions and how to get involved, visit OneBayArea.org
Sustainable Communities Strategy Planning Process: Phase 1 Detail for 2010*
Phase 1: Performance Targets and Vision Scenario
March MayApril JulyJune August September October November December/JanuaryLocal Government and Public EngagementPolicy Board ActionGHG Target
Workshop
Projections
2011
Base Case
Development
CARB/Bay Area
GHG Workshop
Regional Response to
CARB Draft GHG Target
Draft Public Participation Plan
CARB
Releases
Draft GHG
Target
Revised Draft Public
Participation Plan
County/Corridor Engagement on Initial Vision Scenario
Initial Vision Scenario
Input from Local Government
Final Public
Participation
Plan
Adopt
Methodology
for Jobs/Housing
Forecast
(Statutory
Target)
Local
Government
Summit
Leadership Roundtable Meeting
CARB Issues
Final GHG Target
(Statutory
Target)Adopt
Voluntary
Performance
Targets
Projections
2011
Base Case
MTC Policy
Advisory Council
ABAG Regional
Planning Committee
Regional Advisory
Working Group
Executive
Working Group
County and Corridor
Working Groups
2010 January 2011Phase One Decisions:
• GHG Targets
• Performance Targets
• Public Participation Plan
MTC
ABAG
JPC
MTC
ABAG
JPC
MTC Commission
MTC
ABAG
JPC
MTC
ABAG
JPC
MTC Commission
MTC
ABAG
JPC
ABAG Executive BoardMilestones
161
Policy Board
Actions
Meeting for Discussion/
Public Comment
JOINT meeting of the ABAG Administrative Committee, the Joint Policy Committee
and the MTC Planning Committee for Discussion/Public Comment
JOINT document release by
ABAG and MTCDecision Document Release
ABAG - ABAG Administrative Committee
JPC- Joint Policy Committee
MTC- MTC Planning Committee
MTCABAGJPC
*Subject to change MTCABAG
For more information on key actions and decisions and how to get involved, visit OneBayArea.org
Sustainable Communities Strategy Planning Process: Phase 2 Detail for 2011*
Phase 2: Scenario Planning, Transportation Policy & Investment Dialogue, and Regional Housing Need Allocation
MarchFebruary May/JuneApril AugustJuly September October November December/January FebruaryLocal Government and Public EngagementMilestonesPolicy Board Action2011 2012
Release Initial Vision Scenario
Begin Public Discussion
Web Survey Possible
Telephone Poll
Targeted Stakeholder Workshops
and County Workshops
MTC
ABAG
MTC
ABAG
JPC
MTC
ABAG
JPC
MTC
ABAG
JPC
MTC
ABAG
JPC
MTC
ABAG
MTC
ABAG
ABAG Executive Board
(RHNA)
MTC
ABAG
(SCS Scenarios)
ABAG Executive Board
MTC Policy
Advisory Council
ABAG Regional
Planning Committee
Regional Advisory
Working Group
Executive
Working Group
County and Corridor
Working Groups
December 2010Development of
Detailed SCS Scenarios
Selection of Detailed
SCS Scenarios
to be evaluated
Release Preferred
SCS Scenario
Approve Preferred SCS
Scenario for EIR
Technical Analysis of
SCS Scenarios SCS Scenario Results
Develop Draft 25-Year
Transportation Financial Forecasts and
Committed Transportation Funding Policy
Call for Transportation Projects and Project Performance Assessment
Start Regional Housing Need Allocation (RHNA)Release Draft RHNA
Methodologies
Analysis of Equity Issues of
Initial Vision Scenario
Develop Equity Analysis Methodology
for Detailed SCS Scenarios Equity Analysis of SCS Scenarios
Release Draft
RHNA Plan
Adopt RHNA
Methodology
State Dept. of Housing
& Community Development
Issues Housing Determination
Web Activity: Surveys, Updates
and Comment Opportunities
Possible
Telephone Poll
Targeted Stakeholder Workshops
and County Workshops
Transportation Policy Investment Dialogue
Phase Two
Actions/Decisions:
• Initial Vision Scenario
• Financial Forecasts
• Detailed SCS Scenarios
• RHNA Methodology
• Preferred SCS Scenario
• Draft RHNA Plan
Public Hearing on
RHNA Methodology
Scenario Planning
Transportation Policy
and Investment Dialogue
Regional Housing
Need Allocation
Equity Analysis
ABAG Executive Board
(RHNA)
162
Policy Board
Actions
Meeting for Discussion/
Public Comment
JOINT meeting of the ABAG Administrative Committee, the Joint Policy Committee
and the MTC Planning Committee for Discussion/Public Comment
JOINT document release by
ABAG and MTCDecision Document Release
ABAG - ABAG Administrative Committee
JPC- Joint Policy Committee
MTC- MTC Planning Committee
MTCABAGJPC
*Subject to change MTCABAG
For more information on key actions and decisions and how to get involved, visit OneBayArea.org
Sustainable Communities Strategy Planning Process: Phases 3 & 4 Details for 2012–2013*
Phase 3: Housing Need Allocation, Environmental/Technical Analyses and Final Plans Phase 4: Plan Adoption
AprilMarch July/AugustMay/June NovemberSeptember/October December January February March AprilLocal Government and Public EngagementPolicy Board Action2012 2013
ABAG Executive Board
MTC
ABAG
JPC
ABAG Executive Board
MTC Commission
MTC Policy
Advisory Council
ABAG Regional
Planning Committee
Regional Advisory
Working Group
Executive
Working Group
County and Corridor
Working Groups
December 2010Web Activity: Surveys, Updates and Comment Opportunities
Prepare SCS/RTP Plan
Conduct EIR Assessment
Develop CEQA Streamlining Consistency Policies
Release Draft SCS/RTP
Plan for 55-Day Review
Response
to Comments
on Draft SCS/RTPs
Response
to Comments on
EIR and Air Quality
Conformity Analysis
Release Draft EIR
for 55-Day Review
Agency
Consultation
on Mitigation
Measures
EIR Kick-O
(Scoping)
Public Meeting
Draft RHNA Plan
Close of Comments/
Start of Appeals Process
ABAG Executive Board
(RHNA)
Public Hearing
on RHNA Appeals
Response to Comments
from RHNA Appeals
ABAG Executive Board
(RHNA)
ABAG Adopts
Final RHNA
State Department of
Housing & Community Development
Reviews Final RHNA
ABAG Executive Board
(RHNA)
Release
Final RHNA
Prepare Transportation Conformity Analysis
Release Draft
Conformity Analysis
for 30-Day Review
County Workshops/Public Hearings on Draft SCS/RTP & EIR Phase Three
Actions/Decisions:
• Draft SCS/RTP Plan
• Draft EIR
• Draft RHNA Plan
• Final RHNA
Phase FourDecisions:
• Final SCS/RTP Plan
• Final EIR
• Final Conformity
Web Activity: Surveys, Updates & Comment Opportunities
Conduct Equity Assessment of Draft SCS/RTP Plan
Adopt
Final SCS/RTP
Plan
Certify
Final EIR
Make
Conformity
DeterminationMilestones
MTC
ABAG MTC
Release Equity
Analysis Report
MTC
ABAG
163
OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 1, 2011
Subject
Select a date for the Teen Commission interviews.
Recommended Action
Staff recommends that Council accept the following deadlines:
Applications are due in the City Clerk’s Office: Fri, May 13
Interviews are held beginning at 3:30 p.m. Tues, May 24 and Wed, May 25 (as needed)
Discussion
The Teen Commission has five vacancies this year. The Parks and Recreation Department will
print and distribute flyers, as well as include the information in the summer Recreation Schedule
and the Cupertino Scene. The City Clerk’s Office will advertise the vacancies in the Courier and
the World Journal. Interviews should be scheduled in late May in order to interview applicants
before they leave the area for summer activities.
_____________________________________
Prepared by: Grace Schmidt
Reviewed by: Kimberly Smith
Approved for Submission by: David W. Knapp, City Manager
164