105-D. Planning Commission Staff Report 10-12-2010.pdfATTACHMENT D
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.or
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..."
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.
MCA-2010-05 Parking and Definitions Ordinance Amendments
October 12, 2010
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:
Gary Chao
City Planner
ATTACHMENTS:
Model Resolution(s)
Approved by:
Aarti Shrivastava
Community Development Director