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03-01-11 Searchable PacketTable 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 P CUPERTINO 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 ORAL COMMUNICATIONS Cupertino City Council Cupertino Redevelopment Agency 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 Re ort Attachment A Attachment B Page 45 n 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 Re ort 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. Subj ect 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 H, Project 9136 Recommended Action Adopt Resolution Nos. 11 -031 and 11 -032, authorizing applications for grant funding Staff Re ort 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. Subj ect 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 0 Tuesday, March 1, 2011 UNFINISHED BUSINESS Cupertino City Council Cupertino Redevelopment Agency 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 7 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. UPERTINO 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. 9 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 9 th 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 11 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 12 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. 13 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. Subj ect 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. 14 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. 15 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 H 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. 16 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. Subj ect 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 proj ect; 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 in 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. Subj ect 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. 19 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING FEBRUARY 4, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: Director of ministrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the Cit y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 20 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING FEBRUARY 4, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof, and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". 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E+ R m a H z C) o x +A U U R U ri W c W H H U O H t7 z H O U �H W z w M N N r W F + H M N N 30 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING FEBRUARY 11, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof, and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: 6k&i4 Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES. NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 31 z H 0 U U H U W I O H ri O w F H H N 0 H Q 32 E- a)lor m H d Nd- b H l(t 0)InN 0)mN r 000000 O O O in Hr H W r q mH ,7, �o r 6 4l d� r ri moifrO r� Ocr ry mlfl ry W 01ilO0ou1 0 6 CJ N N ffI aONN a0 19 C0 0 N O m Ln 0) Ln w r H dIM mw 00 dI In> N °NO nU) N w o In MO d• W r W No t`1M M CA W m dl m ail r*l ulm H mrmM mNlnONr M O O w O O W m W dI dIr d. 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Recommended Action Accept a bench from the Cupertino Historical Society in memory of Hazel Fretwell. Background ound 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. 'A Prepared by: Mark Linder Reviewed by. Donna Henriques Approved for Submission by David W. Knapp, City Manager Attachments: 43 Attachment A Donna Henriques From. Mark Linder Sent: Friday, February 18, 2011 1:47 PM To: Donna Henriques Subject: FW: Memorial bench - - - -- Original Message---- - From: Darryl Stow [mai]to:darryl s @pacbell,netl Sent: Wednesday, December 01, 2010 4:09 PM To: Mark Linder Cc: Corinna Dixon; Tom Dyer; Gail Hugger; Cupertino Historical Subject: Memorial bench Mark, A few months ago, Hazel Fretwell passed away. Hazel was a long -time resident of Cupertino, a past president of the Cupertino Historical Society and the mother of Gail Fretwell Hugger who writes the Roots column for the Cupertino Scene. Our board of directors recently voted to purchase one the the benches that Cupertino Rotary has been making, as a memorial gift for Hazel. Gail Mugger would like to see it placed in an appropriate location along the Stevens Creek Trail. So, my question is, what process do we need to go through to determine such a location? Gail would like to be involved in the final decision for placement. Thanks, Darryl 1 44 PARKS AND RECREATION DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3110 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Sub, ect 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 Morita 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 Morita Vista student parking lot. • Creating a new student drop off zone within the newly reconstructed Morita 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 Morita 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 Attnrhmente- 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 Attachment A AGREEMENT BETWEEN THE CITY OF CUPERTINO, CUPERTINO UNION SCHOOL DISTRICT AND FREMONT UNION HIGH SCHOOL DISTRICT ON TRAFFIC PILOT PROGRAM This Agreement, dated 5e pf, 20 , - ° 1 o by and between the City of Cupertino ( "City "), Cupertino Union School District ( "CUSD ") and the Fremont Union High. School District ( "FUHSD ") addresses efforts to deal with traffic congestion and safety in the area near Manta Vista High School, Lincoln Elementary School, and Kennedy Middle School. WHEREAS, traffic congestion and safety around Monta Vista High School, Lincoln Elementary School, and Kennedy Middle School, has been an issue for the Cupertino City Council for a number of years; and WHEREAS, City funds the crossing guards around Kennedy and Lincoln schools and Council set aside additional funds for the Sheriff's Office to address the issue; and WHEREAS, traffic congestion and safety are also a concern for CUSD and FUHSD and FUHSD engaged Hexagon Transportation to perform a traffic study and recommend ways to reduce congestion and improve safety in the Monta Vista High School area; WHEREAS, representatives of the City, FUHSD, CUSD, and the Sheriff s Office met to review and discuss the report and its recommendations on July 20, 2010 and the participants reached consensus on the actions to be taken this fall as part of a four month pilot project; NOW, THEREFORE, the parties agree to implement the following from late August 2010 to late December 2010 and report the results to the City Council and School Boards in January 2011 along with recommended next steps: I. CITY /SHERIFF'S OFFICE The. current level of Sheriffs deputies serving at school start and ending times will continue. 2. Additional Sheriff s deputies will be provided for 3 0 -60 minutes in the morning and the afternoon to direct traffic at Hyannisport Drive /Bubb Road and/or Fort Baker Drive/Hyannisport Drive. The Crossing Guards on McClellan Road at Lincoln Elementary will be trained to pool and coordinate students crossing the street. 4. New Crossing Guards will be added at Orange /McClellan and McClellan/Bubb. Il. FUHSD /CUSD ACTIONS Create a new student drop -off zone within the newly reconstructed Monta Vista High student parking lot. 2. Continue the practice among the schools in the area of staggering the hours 'of the school day. 47 Provide programs encouraging walking and biking to school. 4. Create a cell phone waiting zone at the Monta Vista High School student parking lot where those driving can wait to get a call from their passenger before going to pick there. up. Evaluate possible capital improvements such as additional traffic signal, pedestrian crossing signal, and bicycle cages and consider funding or contributing to the funding of capital projects. 6. FUHSD will participate with the City in funding half of the operating costs of this pilot project. It is anticipated that the additional overtime over the four -month pilot period for the Sherriff s deputies will be up to $10,000, and that the cost of the two additional crossing guards over this same time would be $10,000. The City has already provided $10,000 and FUHSD will provide an additional $10,000. If the total costs are less than $20,000, the City and FUHSD will share the savings equally. FUHSD shall be invoiced by the City by January 7, 2011, and FUHSD payment of the final sum, up to $10,000, shall be made no later than January 31, 2011. HI. RIGHTS, DUTIES, LIABILITIES 1. Each party in this Agreement acknowledges that this Agreement does not diminish or expand any rights, duties, liabilities, immunities or defenses any part to this Agreement has to any third party claims, demands, or suits that. presently exist, or that may arise in the future, including, but expressly not limited to these immunities or defenses existing under Government Code sections 815 et.seq., Education Code Section 44808, or any other statue or law. Each party further acknowledges and agrees that this Agreement does not confer on any party to this Agreement any additional rights, responsibilities, remedies, or liabilities against any party to this Agreement as to any existing or future third party liability claim, demand, or suit. IV. NOTICES Communications relating to this Agreement shall be in writing and shall be delivered personally, sent by United States mail, first class postage prepaid, or by private messenger or courier service: To the City: David Knapp, City Manager City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 To FUHSD: Polly Bove, Superintendent Fremont Union High School District 2 EN 589 W. Fremont Ave. Sunnyvale, CA 94087 To CUSD: Phil Quon Superintendent Cupertino Union School District 10301 Vista Ave.. Cupertino 95014 To Sheriff's Office: Captain Terry Calderone, WV Patrol Div. Cmdr. Santa Clara County Office of the Sheriff 1601 S. DeAnza Blvd. 4148 Cupertino, CA 95414 IV. SIGNATURES IN WITNESS WHEREOF, the parties execute this Agreement: CITY OF CUPERTINO �r Date: 1 D By; David Knapp, City Manager APPROVED AS TO FORM: arol Korade, City FREMONT UNION HIGH SCHOOL DISTRICT Date: By: Polly Bove, Superintendent CUPERTINO UNION SCHOOL DISTRICT Date: 2� By: Phil Q , Superintendent J 49 589 'W. Fremont Ave. Sunnyvale, CA 94087 To CUSD: Phil Quon, Superintendent Cupertino Union School District 10301 Vista Ave: Cupertino 95014 To Sheriffs Office: Captain Terry Calderon, WV Patrol Div. C:m.dr. Santa Clara County Office of the Sheriff 1601 S. DeAnza Blvd. #148 Cupertino, CA 95014 IV. SIGNATURES IN WITNESS WHEREOF, the parties execute this Agreement: CITY OF CUPERTINO ` � Date: � . � � 1 o B � David Knapp, City Manager APPROVED AS TO FORM: A 2 (Kj��4 aroi Korade, City Attorney FREMONT UNION HIGH SCHOOL DI CT Date: �� 10 By:�' ` Polly Bov Superintendent CUPERTINO UNION SCHOOL DISTRICT Date: Bv: Phil Quon, Superintendent 3 50 Attachment B FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CUPERTINO UNION SCHOOL DISTRICT AND FREMONT UNION HIGH SCHOOL DISTRICT ON TRAFFIC PILOT PROGRAM This Agreement, dated by and between the City of Cupertino ( "City ") and the Cupertino Union School District ( "CUSD ") and the Fremont Union High School District ( "FUSHD ") (collectively the "Parties ") is an amendment to the agreement concerning the traffic congestion and safety in the area near Monta Vista High School, Lincoln Elementary School, and Kennedy Middle School entered into on September 20, 2010. The Parties now wishes to enter into this First Amendment, dated , 2011; and Recitals The following recitals are a substantive portion of this Agreement. Whereas, the Parties wish to continue the term of the Agreement for a period not to exceed 5 years from the date of City Council approval. The funding under this Agreement is subject to City Council approval of a subsequent year's budgetary allocation. The following terms in the Agreement are hereby amended: The term of this Agreement shall be 5 years from the date of approval by the City Council of the City of Cupertino. 2. The City hereby approves the expenditure of not to exceed $12,500.00. Subsequent year's allocations will be subject to City Council approval within the budget. 3. The parties agree that this Agreement will continue until either party notifies the other party with at least sixty (60) days' notice of their intent to discontinue this Agreement. In all other respects, the original Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CITY OF CUPERTINO A Municipal Corporation. By_ Title Date ' � Ali /Ci1�7- f►`y1C�7�C %� By City Attorney 51 Cili By _ . Title Date FUHSD: SHERIFF'S OFFICE: By_ Title Date z 52 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cuper ino.org UPERTINO CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Subs ect 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 53 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cuper ino.org UPERTINO CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Subs ect 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 55 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cuper ino.org UPERTINO CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Subs ect 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 57 COMMUNITY DEVELOPMENT DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Sub, ect 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 UPERTIN PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Subs ect 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 b y. Chad Mosley Associate Civil Engineer Reviewed by. Glenn Goepfert, Assistant Director, Engineering Approved for Submission by. David W. Knapp, City Manager Attachments: .1 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Subs ect 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: Z RESOLUTION NO. 1I- 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: City Clerk Mayor, City of Cupertino 63 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -06 -033 19050 Pruneridge Ave Cupertino, CA 95014 Apple Inc hereinafter referred to as the "GRANTOR ", this of 20 ��, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. .11 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. ❑t i Whisenhunt Director, Real Estate and Development (Acknowledgment and Notarial Seal Attached) 65 EXMBITA Pry a D ms #ion Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Parcel 1 as shown on that certain Parcel Map which Map was filed for record in the office of Recorder of the County.of Santa Clara, State of California on September b, 1972 in Book 348 of Map,; Page 12. APN: 315 - 06.033 i i r ' 11 WX 1 State of California County of On • /A W// before me, bCD (Hem ansew name ano talc of Ihefotticer) � personally appeared } who proved to one on the basis of satisfactory evidence to be the persoi*) whose named is /a+e subscribed to the within instrument and acknowledged to me that he /sue{ y executed the same in his/ authorized capacity(ij,-g), and that by his /h I eirsignatureH on the instrument the person(o, or the entity upon behalf of which the personH acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofattached document continued) Number of Pages Docutnent Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Tiustee(s) ❑ O ther INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Catif(n nmsl contain verblage exacllj+ as appeals above in t11e notary section or a separate acknowledgment fimm must be properly completed and attached to that document. The only exception is. f a document is to be recorded outside of Califonda. fn such instances, any alfernatixe acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is itlegal fur a notate in California (4e; certifying the authorized capacity of the signer). Please check the document cgref tllvfor proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signor(s) : personally appeared before the notary public for aclmowtedgment, • Date of notarization must be the date that the.signer(s) personally appeared which most also be the same date the acknowledg_mcut is comple • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the oame(s) of document sigracr(s) who personally appear at the time of nolarization, • Indicate the correct singular or plural Forms by crossing off incorrect forms (i.e. helsh0fty, is lase) or circling tho correct forms, l±ailum to correctly indicate this information may lead to rejeetioa of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must.nol, cover text or lines. if seal impression smudges, re - scat if a sufficient area permits, otherwise complete a differcnt acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of altacbed document, number of pages and date. �+ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v l 2.10.07 800- 873 -9 &65 www.NotatyClasses.corn 67 RESOLUTION NO. 1I- 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: City Clerk am - slum Mayor, City of Cupertino .• QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375 -07 -040 10108 South Tantau Avenue Cupertino, CA 95014 Stephen Wu and Chinling Lee, husband and wife, as community property with right of survivorship hereinafter referred to as the "GRANTOR", this day of j kaav , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever q itclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 70 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Stephen Wu Chinling Lee (Acknowledgment and Notarial Seal Attached) 71 EXHIBIT JA The land referred to is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: LOT 14 , as delineated upon that certain Map entitled 'Tract NO. 550 ", filed-for record in the Office of the Recorder of the County of Santa Clara, State of California, on January 3rd, 1949 in Book 22 of Maps, at Page 4 and 5. APN: 37507 - 040,99 72 State of California County of sa A O a rod Oil Q I - Z 6 1 1 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the personW'Whose .name(s)X/are subscribed to the within instrument and acknowledged to nie that Ws*/they executed the saine injiK /fir /their authoa capacity(ies), and that by l )Wt)ef /their.' signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJ Y under the laws of the State of California that the foregoing paragraph is true and collect. �3 ADRIAN CASTILLO TOPETE JR if' Ct7#VW. 181488!) a m WIVE S m y )and ad"oftrcral s al R; �° I° NOTA PUBLIC a CALIFORNIA c r t SANTA CLARA CNTY cn , Z My commis ex pires September 25 2052 w (No ai"''ealj SiX • lti of No a ubl' ADDITIONAL OPTIONAL INFORMATION DESCRIPTION 01 THE ATTACHED DOCUMENT (Title or dcscription of attached document) (Title or descrip[iotr of attached document continued) Nun3ber of Pages Doculttent Date (Additional infortnat €an) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact CI Trtlstee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed fn California Tnmci contour verbiage exactly as appears above in the notary section or a separate ocknowledgment outst be properly campleted and attached to that document. The only exceyltion is if a docrnueni is to be recorded outside of Califiu in such instances, cnry ahernative acknowledgment verbiage as may be prinled on such a clocnment so long as the rerhiage does nor require the notary to do se nrething That is illegal for a notary in CalrJortria (i.e. certifying the authorized capacity of lire .signer ). Please check the docrnnem caiOiil(t for proper notarial wor•chng and attach rhis form ifredubvel. • State and County infonnatiou must be the State and County where the document signer(s) persona lly appeared before the notary public for acknowledgment, • Date of nolariza(io €t must be the dale that the signers) personally appeared which must also be the same dale the acknowledgment is completed. • The notary public must print his or her name m it uppears within his or her commission foil owed by a comma and then your title (notary public). • Print the natne(s) of document signer(s) who personally appear al the time of notarization. • Indicu(c the correct singular or plural forms by crossing off incorrect ibrnus (i,e. h&she /t1te3; is )aw ) or circling [lie coi rorms. Failure to correctly indicate [his information may lead to rejection ofdoctmient recording. • The notary seal impression must be clear and photographically reproducible. impression must.noJ. cover teal or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise comrplele a different aekuasj Wgment form. • Signature of the notary public must match the sipart ro on €ilc with the office of the county clerk. +.* Additional information is not required but could help to ensure this acknow=ledgment is not misused or attached to a different document. tndicale title or type of attached document, number ofpages and date. [udicate (he capacity clauncd by the sibncr. If the claimed capacity is a corporate officer, indicate the title (La. CEO, CFO, Secrelary). • Securely attach this document to Ilse signed document 2008 \version C.APA v 12-10.07 800- 573 -0865 www.NotaLyClasses.coni (Here insert name 5nd title afthe C �j d vie-' W j r � k '- N 73 10039 CD - 10038 10053 10052 10053 10052 10067 10066 10067 10066 M (0 r 6' 0) 0) 10081 10080 10081 10080 ANNE 10094 10095 10094 10109 0 10108 10109 10108 (O C (V 0) r r 0) 0) r r 10123 122 10123 10122 10133 10134 10135 10134 m M rn 6, 6, 10149 10148 10149 10148 Z) COZETTE z Z) 10162 10163 3 10162 1Q175 CD (0 m N M 10176 10177 10176 0) r r 0) r r 0) r 10189 10190 10191 10190 10203 10200 10205 10204 m M 10204 rn rn rn 10217 10218 10219 10218 LOREE O 00 (V M O /251 °� 0) 0) 0) rn 10250 10251 rn PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Subs ect 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 11, 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 11, and the adoption of associated resolutions. Sustainability Impact Implementation of Phase 11 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 COMMUNITY DEVELOPMENT DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Subs ect 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 than ems: 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 - shall these items be visible from the street even when placed in permitted areas. Heavy equipment may be stored on site only during *emp^r 6wi4 ep* construction or installation of improvements with a valid building t� 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) :1 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). 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: City Clerk APPROVED: Mayor, City of Cupertino :. ATTACHMENT I 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. -1- 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 ., 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, 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: IxLx1001 A J 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. :. 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: 4a. "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 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: 4a. 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: 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). :• 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; M 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. 91 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. Height Limit for Entry Features 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. M 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. "1" 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. 93 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: "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. ., 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. 95 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 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. 4a. "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. 97 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. 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 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 .. 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 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; -I- 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 2; October 12, 2010 om. Giefer: • aid that if a permit expired in two years, she could pull her permit and then not have to hav fu ing for the project; and then in 24 months after that notification period, she could s a prof t that is so far in the future by the time that it is executed on the ground and co leted, they ar ushing that out; it is not just a three month notification. • Said she trying to understand what could be the worst case project on the gr nd after this is submitted \permitbeco ree months, that is actually 3 months plus 24 mo s or 6 months plus 24 mont Aarti Shrivastav • Once a builapplied for, it needs to be kept ac ' e; if the inactive time is exceeded, thes expired and re- application fo he permit is necess ary. The inactivity pers a one extension is allowed. Com. Miller: • Relative to the industry side, people ma a decision o do a development well in advance. It is appropriate to give lead time, if they deci tha s the straw that broke the camel's back and they don't want to go ahead with the develop nt, they are not caught. For that reason alone, it is reasonable to give a lead time. He said su orted 6 months, for larger projects a year or two. As Com. Giefer said earlier, peo know th* discussion is happening, so for the larger projects, they are more aware and ar going to be co 'ng in and staff will inform them. There is concern about the smaller proj ts, where 1:hey are p bably not aware and you don't want them to get caught. Chair Brophy: • There aren't people ing to do building plans on larger projects ow. There are individual homes and those uld be the issue, but they have a shorter lead ti in terms of preparing design docume . Aarti Shrivas va: • Said s would follow up with the City Manager on the availability of funds to ve Walker We attend the next meeting the application was continued to. Motion by Com. Miller, second by Com. Kaneda, and unanimously carried 5 -0 -0, to continue Application MCA - 2010 -04 to the October 26, 2010 meeting. 4. MCA - 2010 -05 Municipal Code Amendment to Chapter 19.100 (Parking Ordinance) City of Cupertino with associated amendments to Chapter 19.08 (Definitions) related to Citywide Location clarifying language regarding storage and parking of heavy equipment, aircraft and planned non - operational vehicles in residential zones. Postponed from the September 28, 2010 Planning Commission meeting; Tentative City Council date: November 16, 2010. Pin Ghosh, Associate Planner, presented the staff report: • Reviewed the application for Municipal Code Amendment to Chapter 19.100 (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. Pin 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 19.100.030 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 10,000 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 Al 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 won't be counted toward that. • Gary Chao said that in essence, the ordinance does address Mr. Goe's concern. Staff: • Said that vehicles over 10,000 pounds are not permitted to be parked in driveways, such as tractors, semi - trucks that tow, big rig tractor; some tow trucks are over 10,000 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 make 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 Rl, 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 -0 -0. 1: 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 UZ1M • No meeting. meeting is scheduled for Thursday October 14` Ch ' Brophy will attend in Com. Kaneda" p e. Mayor's Monthly Meeting ith Commissioners: • Meeting may be scheduled Wed. October 13` No • Aarti Shrivastava reviewed the Council' iision on The Metropolitan. They moved forward with getting 40% of the frontage s non-r_ il, working within the rules the Planning Commission set, restricting it to ilding B and o said that if the non - retail is going to be medical, they should work wiKlanning ff to deterrr�ine ho any spaces can be in the garage. • The Council also upheld th Commission reco endation to deny the map to create the five condos; and ask staff to work with 1:he applicant t ectify the DRE issue where they actually went forwar d recorded the five condos. • The cell tower on esults Way has been appealed and will go to th ouncil shortly. Adiournment: The meeting was adjourned to the next regular Planning ommission meeting scheduled for ctober 26, 2010 at 6:45 p.m. Resp fully Submitted: te a, Elizabeth i , Recordin;; 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 Director of Community Development Paul Brophy, Chair Planning Commission 110 ATTACHMENT D OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3308 • FAX (408) 777 -3333 • lanninu� @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: Parkin on n 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..." 111 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: Gary Chao City Planner Approved by: Aarti Shrivastava Community Development Director ATTACHMENTS: Model Resolution(s) 113 ATTACHMENT E 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. -I- 114 (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. -2- 115 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. ? 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 -3- 116 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 IxLx100 ) A J 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, -4- 117 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: ?a. "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. -5- 118 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: tea. 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: 52 119 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: 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; 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 -7- 120 unit, occupied or intended for occupancy by one family on a nontransient basis and having not more than one kitchen. E. "E" Definitions: 1. Emergencv 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. 0 nia;nvn nn x xz�r� ..nnrnnra�inn.._szarrl ..�.zn;�ua�r cnr�zinn a) �+nvi +nr nr s ;.minor ,.cn... F. "F" Definitions: t.. "Facility' means a structure, building or other physical contrivance or object. . "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.) 2c. "Principal facilities" means a main building or other facility which is designed and constructed for or occupied by a principal use. 121 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; 2c. Base of elevator shafts; 4d. Services and mechanical equipment rooms; Fe. 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; gib. Lightwells; 3c. Attic areas; ^d. 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. -9- 122 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. 0 3. "Heavy equipment" means any mechanical or motorized device that is not a vehicle or a commercial vehicle as defined in 19 08 including, but not limited to, a backhoe c� cement mixer crane, ditch witch, dozer, earth mover, generator, grader, tractor or similar _� farm equipment, or any similar device. U 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. Height Limit for Entry Features -10- 123 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: tea. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters; 2b. Counter; 2c. Refrigerator; 0. 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. -11- 124 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. 4a. "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. 2c. "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. -12- 125 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: 4a. "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. 5c. "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. 40. "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. -13- 126 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: a. Any portion of a site within the right -of -way of an existing public street; 2 1 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; Ic. 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: Ia. "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. 2 "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, -14- 127 licensed for such practice by the State of California and including services related to medical research, testing and analysis. 2c. "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. Ia. "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. -15- 128 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. o 1 1 � "Public ytr eet li ii iii Yy Uil gtr1i Vt i liYgh VV ( V J, ll lil y, p1U\C�, U� li y "lY pi rt i YYy tl Yl Vf "alid +-4- „ + 1!„- - +1, �,- A , 4A +1, ,A,1„111 1-, 1— 1, , „, Jl J4 � +1 A 11 +1,l, —A „-, C +1--f ICYY'i�Y l,iCi,iYlYg "L, Ii iL'L;Y YJYi}Y Yy "'Y Y iiYil, " ".C.L &"Y' "UY Yi,i "V W'Yi LY Y, "'VW'YiY'i, I YUW IV J V'"YY lJ VV'Y YCYJ LY l\:;Y l�i}Y O to publp�...use ...acqu .ired far public use ...or c in which a publi...eas m ont... for ... roadway. purposes � Q. "Q" Definitions; a� None. 0 R. "R" Definitions: o a� " 1? �ncrna };o zrnk�cl .�� mnans... xmkxcln 1 elf_r�.r - r�nlln�l .t� n,Arra ccir vehide +l�n nl��ccic n� �:n n +l�nr l�i�+.1n art rl. rinci n;nnrl �r ucnrl. ��r +nm,'��r.�rs r1,Arn1l iri n. rn�+rn � +i�ri �7 �r Ui� �YYU,,,,Y �Y UYi�AYY�Y W�YYY�Y� UYYU u�,Y�Yi�u �Y U,�u Y�Y Y�YYi uW,�YYYYi�, Y�,Y,�UAY�YiuY �Y -16- 129 sporting purposos: The terra recreahon..vehi�le includos but. is -not limited..t€ i . trailers co -- ... rir# l�na + +r�ilczrc.. 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. -17- 130 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. 131 -19- 132 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. 1c. 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 2b. 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; 2b. 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. 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 and width which have by the I owners I thereof to public use, acquired for public use, or in which a a public easement for roadway purposes exists. 0 0 12. "Structure" means that which is built or constructed, an edifice or building of any kind, or U `� any piece of work artificially built up or composed of parts joined together in some definite manner. a� a.. Structure, Recreational.. "Recreational structure" means any affixed accessory structure or portion thereof, which functions for play, recreation or exercise (e.g., pool slides, o playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs U -19- 132 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. 2c. "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 -20- 133 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.) A 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. 5-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. 0 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 rofit or desi ed used or maintained rimaril ........ p ......... .......... p........ ......... ...p... I.......... p ........... ... ..y for the . Iransportat on of ,goods U 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 recreation vehicle � includes, but is not limited to, trailers, motor coach homes, converted trucks and buses, o and boats and boat trailers. A 2, "Visual privacy intrusion" means uninterrupted visual access from a residential dwelling o or structure into the interior or exterior areas of adjacent residential structures, which area .4 is either completely or partially private, designed for the sole use of the occupant, and /or 21 which serves to fulfill the interior and /or exterior privacy needs of the impacted residence U or residences. W. "W" Definitions: None. X. "X" Definitions: None. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y. "Y" Definitions: -21- 134 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. gib. "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. 2c. "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. -22- 135 EXHIBIT 2 CHAPTER 19.100 PARKING (Partial) 19.100.030 Regulations for Parking and K eYi::g Storage of Vehicles in Various Zones. A. Vehicles Permitted in Residential Zones. 1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a C, 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: U a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot size of ten thousand square feet or less, a maximum of six vehicles are permitted in all other residential zones, unless a 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. U 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; 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 U 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; -I- 136 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. Farm. .Equipmont .... For tractors ... or-farm eg are..regularly parked ithin...h. o h -rod £� t of a p��bli str; ;tor road, such par?- �ng placos .shall k.e scr; np,+. from siglt of U 4-� }}in H r }rnn }... eavy equipment and shall . be stored within ... entirely enclosed struc . ture . s or behi six f hi h fencin in interior side and and rear and setback area ................................................... in .......................................................................................... �. y y ....................................... ................................................................................. ................................................................... ........................................................... ............................... U In no_case shall these items be_visible from_the street even when placed in permitted areas. Heav equipment may be stored on site only during construction or installation of improvements with a valid building or �radin� permit. [Provisions M -Q unchanged] -2- 137 PUBLIC WORKS DEPARTMENT UPERTIN Subs ect Coffee Society Lease. CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 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 cafe 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 cafe 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 139 LEASE AGREEMENT Streeter and Sons doing business as COFFEE SOCIETY This Lease Agreement ('`Lease ") is entered into as of the I st day of March 1, 2011. by and between the City of Cupertino, a municipal corporation, 10300 Torre Avenue, Cupertino, CA 95014 ( "Landlord"), and Streeter and Sons dba Coffee Society, 10800 Torre Avenue, Cupertino, CA 95014 ("Tenant "). WHEREAS, Landlord is the owner of certain real property commonly described as being located at 10800 Torre Avenue in the City of Cupertino. County of Santa Clara, California and more particularly described in Exhibit "A" attached hereto ( "Landlord's Property") and WHEREAS, Landlord operates on Landlord's Property a public library, and desires to have Tenant operate a cafe on the Property; and WHEREAS, Tenant desires to lease from Landlord the cafe portion of Landlord's Property (the "Leased Premises ") to operate an independently owned cafe business. NOW THEREFORE, in consideration of the promises and covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. LEASE OF PREMISES. Landlord leases to Tenant and Tenant leases from Landlord the Leased Premises consisting of approximately 500 square feet of interior space within the public library along with the non - exclusive right to use exterior public plaza space and more particularly depicted in Exhibit A. attached hereto, together with the nonexclusive right to use the common areas and parking areas of Landlord's Property. 2. TERM AND OPTION. 2.1 Initial Term. The initial term of this Lease shall be for the period commencing on March 1, 2011 ("Commencement Date ") and ending February 29, 2012. 2.2 Option. Tenant is -ranted the option to extend the initial term of this lease for two (2) additional periods of one (1) year provided Tenant is not in default ("Extended Term "). The option to extend the term will be exercised automatically unless Tenant provides written notice of termination to Landlord at least sixty (60) days prior to the end of a term. 3. RENT. 3.1 Base Rent. Tenant agrees to pay Landlord as rent for the Premises commencing upon the Commencement Date the sums shown below in lawful money of the United States payable on or before the first day of each calendar month to the Landlord at the address shown in Section 21. a. From March 1. 2011 through February 29, 2012, the monthly saran of $1,000.00 b. From March 1. 2012 through February 28, 2013, the monthly sum of $1,050.00 c. From March 1, 2013 through February 28, 2014 , the monthly sum of $1,100.00 Coffee Society Lease '.March L 2011 — Februart 29. 2012 140 3.2 Late Charges. Any installment of rent or any other sum due by Tenant and not received by Landlord within ten (10) days after such amount shall be due, without any requirement for notice to Tenant, shall be subject to a late charge equal to five percent (5 %) of such overdue amount. 4. TAXES. 4.1 Real Estate Taxes. For the term of this Lease, Landlord shall pay all real estate taxes and assessments levied upon Landlord's Property, if any. 4.2. Personal Property Taxes. During the term hereof, Tenant shall pay, prior to delinquency, all taxes assessed against and levied upon fixtures, furnishings. equipment and all other personal property of Tenant contained in the Leased Premises, and when possible Tenant shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately fi the real property of Landlord. In the event any or all of the Tenant's fixtures, furnishings, equipment and other personal property shall be assessed and taxed with Landlord's real property, the Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of the taxes applicable to the Tenant's property. 5. USE. 5.1 Tenant's Use. Tenant shall use the Premises to operate a cafe which intends to serve beverages, coffee, tea, pastry, light lunch, dessert, and snack type items to the general public including City of Cupertino employees. Tenant shall not use the Leased Premises for any other purpose without the written consent of Landlord, which consent may be withheld in Landlord's sole and absolute discretion. Tenant, at Tenant's sole cost and expense, shall comply with all applicable municipal, state and federal statutes, ordinances, rules and regulations in effect during the term of this Lease regulating the use by Tenant of the Premises. 5.2. Uses Prohibited. Tenant shall not use nor permit the use of the Leased Premises in any manner that will tend to create waste or nuisance or unreasonably disturb other tenants and operators on Landlord's Property. No use shall be made or permitted to be made of said Premises, nor acts done, which will increase the existing rate of insurance upon the building in which said Premises may be located once said rate is established or cause a cancellation of any insurance policy covering said building or any part thereof, nor shall Tenant sell or permit to be kept, used or sold in or about said Premises, any article which may be prohibited by a standard form of fire insurance policies. Tenant shall, at its sole cost, comply with any and all requirements, pertaining to the use of said Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering said building and appurtenances. Coffee Societe Lease March 1. 2011 — Februarc 29. 2012 141 6. ALTERATIONS AND FIXTURES. 6.1 Tenant's Rights. Tenant shall not make any alterations of the Leased Premises, or any part thereof, without the prior written consent of Landlord. Tenant shall repaint the interior walls of the Premises at Tenant's expense provided that Landlord has approved the paint color selections. Any additions to, or alterations of, said Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. Any such alterations shall be in conformance with the requirements of all municipal, state and federal authorities. All fixtures, excluding trade fixtures, that are attached to the Premises shall become at once a part of the realty and belong to Landlord on expiration or sooner termination of this Lease. 6.2 Landlord's Rights. Landlord has the right, in its sole discretion to modify, reconfigure and renovate the public library of which the Leased Premises are part; provided, however, that if the exercise of such right interferes with Tenant's quite enjoyment of use of the Leased Premises, Tenant may terminate this lease. 7. MAINTENANCE, REPAIRS AND ALTERATIONS. 7.1 Landlord's Obligations. Except for damage caused by any negligent or intentional act or omission of Tenant, Tenant's agents. employees, or invitees in which event Tenant shall repair the damage, Landlord, at Landlord's expense, shall keep in good order, condition and repair the foundations, exterior walls and the exterior roof of the Premises. Landlord shall have no obligation to make repairs under this Section 7.1 until a reasonable time after receipt of written notice of the need for such repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense because of Landlord's failure to keep the Premises in good order, condition and repair. Landlord, at Landlord's expense, shall keep in good order, condition and repair the Premises and every part thereof (whether or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Tenant) including, without limiting the generality of the foregoing, all Plumbing, electrical and lighting facilities and equipment within the Premises, excluding trade fixtures, interior walls and interior surface of exterior walls, ceilings, windows, doors, and glass, located within the Premises. If a regulatory agency finds that there are alterations required to make the premises compliant with the Americans with Disabilities Act, Landlord shall, at Landlord's expense, make the necessary alterations to the premises. 7.2 Tenant's Obligations. (a) Tenant agrees that it will manage its operation at the highest standards of cleanliness in order to deliver an image that will appropriately blend with Premises. Tenant shall be obligated for the day -to -day maintenance and cleaning of the interior and exterior surface of windows and plate glass. Tenant agrees that it will only employ people who create a clean, well - groomed, friendly, and positive image of its business. Tenant further agrees that it will require its employees to wear a standard logo top and similar matching pants in order to present a uniform staff appearance. (b) If Tenant fails to perform Tenant's obligations under this Section or under any other section of this Lease, Landlord may at Landlord's option enter upon the Premises after ten (10) days' prior written notice to Tenant (except in case of emergency, in which case no notice shall be required), perform such obligations on Tenant's behalf and put the Premises in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall be due and payable as additional rent to Landlord together with Tenant's next rental installment. Coffee Societe Lease March I. 201 1 — Febman 29. 2012 142 (c) On the last day of the term hereof, or on any sooner termination, Tenant shall surrender the Premises to Landlord in good condition , ordinary wear and tear excepted, clean and free of debris including the removal of Tenant's trade fixtures. Tenant shall repair any damage to the Premises occasioned by the installation or removal of its trade fixtures, furnishings and equipment. S. INSURANCE. Landlord shall either self - insure or maintain fire and extended coverage insurance throughout the term of this Lease in an amount equal to at least ninety (90 %) percent of the value of the building which includes the Premises, together with such other insurance, including not limited to, loss of rents, flood insurance, all liability insurance, plate glass insurance, and such other insurance as Landlord deems necessary or that may be required by any governmental agency. Tenant hereby waives any right of recovery from Landlord, its officers and employees, and Landlord hereby waives any right of recovery from Tenant, its officers or employees, for any loss or damage (including consequential loss) resulting from any of the perils insured against in the standard form fire insurance policy with extended coverage endorsement. 9. INDEMNIFICATION OF LANDLORD - LIABILITY INSURANCE BY TENANT. 9.1 Indemnification. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims against Landlord for damage to goods, wares and merchandise, in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause resulting from Tenant's use and occupation on the Premise arising at any time; and Tenant will indemnify and hold Landlord and the property of Landlord exempt and harmless from any and all claims, liabilities, loss, expenses, damage or injury resulting from Tenant's use and occupation of the Premises, including, but not limited to, any claim, liability, loss, or damage arising by reason of death or injury of any person, the damage to or destruction of any property of any person, and any work performed on said Premises or materials furnished to said Premises at the instance or request of Tenant or its agents or employees. 9.2 Tenant's Insurance. During the entire term of this Lease, the Tenant shall, at the Tenant's sole cost and expense, but for the mutual benefit of Landlord and Tenant, maintain general public liability and property damage insurance including contractual liability insurance against claims for personal injury, death, or property damage occurring in, upon or about the Premises and on the exterior public plaza space, more particularly depicted in Exhibit A. The limitation of liability of such insurance shall be not less than One Million dollars ($1,000,000.00) in respect to any one occurrence, and to the limit of not less that One Million Dollars ($1,000,000.00) in respect to Property Damage. Landlord is to be named additional insured. All such policies of insurance shall be issued in the name of Tenant and Landlord and for the mutual and joint benefit and protection of the parties, and such policies of insurance shall include a provision requiring that the insurer give Landlord at least ten (10) days written notice before any cancellation, decrease in coverage or other material change is effective. Copies of the policy or a Certificate of Insurance thereof shall be delivered to the Landlord within fifteen (15) days after the Commencement Date stated. If Tenant fails to deliver adequate proof that it has obtained and kept in force and effect the insurance required by this Section, Landlord shall have the right, at its option and after notice to Tenant, to effect such insurance and charge the cost of the premiums to Tenant's account. 10. ABANDONMENT OF PERSONAL PROPERTY. Coffee Society Lease March I, 2011 — February 29, 2012 143 Tenant shall not vacate or abandon the Premises at any time during the term of this Lease; and if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned, at the option of Landlord, except such property as may be mortgaged to Landlord. 11. UTILITIES. Tenant shall pay for telephone service, janitorial service including interior and exterior window washing and all other services used in, upon, or about the Premises by Tenant with the exception of water, sewer, trash removal from receptacles and electricity which Landlord shall pay. 12. ENTRY AND INSPECTION. Tenant shall permit Landlord and his agents to enter into and upon the Premises at all reasonable times after notice, except in case of an emergency, for the purpose of inspecting the same or for the purpose of maintainin the building in which said Premises are situated, or for the purpose of making repairs, alterations or additions to any other portion of said building, including the erection and maintenance of such scaffolding, canopy, fences and props as may be required, or for the purpose of posting notices of non - liability for alterations. additions or repairs. Landlord shall be permitted to do any of the above without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Tenant shall permit Landlord, at any time within ninety (90) days prior to the expiration of this Lease, to place upon said Premises any usual or ordinary "For Lease" signs and during- such ninety (90) day period Landlord or his agents may, during normal business hours, enter upon said Premises and exhibit same to prospective tenants. 13. DAMAGE AND DESTRUCTION OF PREMISES In the event of (a) partial destruction of said Premises or the building containing same during the term of this Lease or any extensions thereof, which requires repairs to either said Premises or said building, or (b) said Premises or said building being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Tenant's act, use or occupation, which declaration requires repairs to either said Premises or said building, Landlord shall forthwith make said repairs provided Tenant gives to Landlord thirty (30) days written notice of the necessity therefore. No such partial destruction (including any destruction necessary in order to make repairs required by any declaration made by any public authority) shall in any way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of minimum guaranteed rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in said Premises. However, if during the last one year of the term of this Lease the building- is damaged as a result of fire or any other insured casualty to an foundation), Landlord may, within thirty (30) days following the date such damage occurs, terminate this Lease by written notice to Tenant. If Landlord, however, elects to make said repairs, and provided Landlord uses due diligence in making said repairs, this Lease shall continue in full force and effect and the minimum guaranteed rent shall be proportionately reduced as provided above. If Landlord elects to terminate this Lease all rents shall be prorated between Landlord and Tenant as of the date of such destruction. The foregoing to the contrary notwithstanding, if the building is damaged or destroyed at any time during the term hereof to an extent of more than twenty - five (25 %) percent of its then replacement cost (excluding foundation) as a result of a casualty not insured ag-ainst, Landlord may within thirty (30) days following the date of such destruction terminate this Lease upon written notice to Tenant. If Landlord does not elect to so terminate because of said uninsured casualty, Landlord shall promptly rebuild and repair said Premises and Tenant's rental obligation shall be proportionately reduced as provided above. In respect to any partial destruction (including any destruction necessary in order to make repairs required by any authorized public authority) which Landlord is obligated Coffee Societ- Lease March I. 2011 — FebWann 29. 2012 144 to repair and may elect to repair under the terms of this Article, Tenant waives any statutory right it may have to cancel this Lease as a result of such destruction. 14. SALE OF BUSINESS, ASSIGNMENT AND SUBLETTING. Tenant shall not be permitted for any reason to assign or sublet the Lease during the first twenty -four (24) months of this Lease, except as provided below. During the last twelve (12) months of this lease, Tenant shall not, without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion, sublet the Premises or any part thereof or assign the Lease. Notwithstanding the foregoing, Tenant is permitted to sell the ``Coffee Society" and assign the Lease provided the purchaser or assignee provides the same name, type and level of service as currently offered. In the event of a sale of the business Tenant will be released from all liability under this Lease. 15. EMINENT DOMAIN. If all or any part of the Premises is taken for public or quasi - public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the taking or conveyance causes the remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant, at its option and by giving notice within fifteen (15) days after the taking, may terminate this Lease as of the date Tenant is required to surrender possession of the Premises. If a part of the Premises is taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be reduced in proportion to the part of the Premises taken or conveyed. All compensation awarded for the taking or conveyance shall be the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest in and to the award. Tenant shall have the riglit, however, to recover from the governmental authority, but not from Landlord, such compensation as may be awarded to Tenant on account of the interruption of Tenant's business, moving and relocation expenses and removal of Tenant's trade fixtures and personal property. 16. DEFAULT. if Tenant fails to make any payment required by the provisions of this Lease, after ten (10) days of the due date, or fails within fifteen (15) days after written notice thereof to correct any breach or default of the other covenants, terms or conditions of this Lease, or if Tenant breaches this Lease and abandons the property before the end of the term, such acts shall constitute a default under this Lease and Landlord shall have the right at any time thereafter to elect to terminate said Lease and Tenant's right to possession thereunder. Upon such termination, Landlord shall have the right to recover against Tenant: (a) The worth at the time of award of the unpaid rent, which had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the teen after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided; and Coffee Society Lease March I, 2011 — February 29. 2012 145 (d) Any other amount necessary to compensate the Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease or which in the ordinary course of things would be likely to result therefore. The "worth at the time of award" of the amounts referred to in subsections a. and b. above shall be computed by allowing interest at ten (10 %) percent per annum or the maximum rate permitted by law. The worth at the time of award of the amount referred to in subsection c. shall be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one (I%) percent. Such efforts as Landlord may make to mitigate the damages caused by Tenant's breach of this Lease do not constitute a waiver of Landlord's right to recover damages a -ainst Tenant hereunder, nor shall anything contained herein affect Landlord's right to indemnification against Tenant for any liability arising prior to termination of this Lease for personal injuries or property damage, and Tenant hereby agrees to indemnify and hold Landlord harmless from any such injuries and damages, including all attorney's fees and costs incurred by Landlord in defending any action brought against Landlord for any recovery thereof, and in enforcing the terms and provisions of this indemnification provision against Tenant. If Landlord elects to terminate this Lease and gives Tenant notice of such termination, upon the giving of such notice, the term of this Lease and the estate hereby granted shall expire and terminate on the effective date of the notice as fully and completely and with the same effect as if such date were the date herein fixed for the expiration of the term of this Lease and all rights of Tenant shall hereunder expire and terminate, but Tenant shall remain liable as here before provided. in the event Tenant abandons the Premises, this Lease shall terminate if the Landlord gives written notice of his belief of abandonment pursuant to Civil Code Sections 1951.2 and 1951.3. Notwithstanding any of the following, the breach of this Lease by Tenant, or an abandonment of the Premises by Tenant, shall not constitute a termination of this Lease, or of Tenant's right of possession hereunder, unless and until Landlord elects to do so, and until such time Landlord shall have the right to enforce all of its rights and remedies under this Lease, including the right to recover rent, and all other payments to be made by Tenant hereunder, as it becomes due; provided, however, that until such time as Landlord elects to terminate this Lease, and Tenant's right of possession hereunder, to collect said rents, issues and profits as the become due and payable. Upon any such breach or default, Landlord shall have the right at any time thereafter, without notice except as provided for above, either in person, by agent or by a receiver to be appointed by a court, to enter and take possession of said Premises and collect such rents, issues and profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Landlord may determine. The parties hereto agree that acts of maintenance or preservation or efforts to re -lease the Premises, or the appointment of a receiver upon the initiative of the Landlord to protect its interests under this Lease shall not constitute a termination of Tenant's right of possession for the purposes of this Article unless accompanied by a written notice from Landlord to Tenant of Landlord's election to so terminate. Nothing contained in this Article shall in any way diminish or be construed as waiving any of the Landlord's other remedies as provided elsewhere in this Lease or by law or in equity. 17. ATTORNEY'S FEES. If Landlord is involuntarily made a party defendant to any litigation concerning this Lease or the Premises by reason of any act or omission of Tenant, then, Tenant shall hold harmless Landlord from all liabilities by reason thereof, including reasonable attorneys' fees and all costs incurred by Landlord in such litigation. Coffee Societe Lease March 1. 201 1 — FebrUary 29. 2012 146 Landlord shall be entitled to recover all collection costs including reasonable attorney's fees incurred by it as a result of Tenant's default as herein provided. If either Landlord or Tenant shall commence any legal proceedings against the other with respect to any of the terms and conditions of this Lease, the non - prevailing party therein shall pay to the other all expenses of said litigation, including a reasonable attorneys' fees as may be fixed by the court having jurisdiction for litigation of any matters relating to this Lease and service mailed to the address of tenants set forth herein shall be adequate service for such litigation. 18. SECURITY DEPOSIT. Tenant has deposited with Landlord the sum of Five Thousand Dollars ($5,000,00), receipt of which is hereby acknowledged by Landlord, said deposit being given to secure the faithful performance by the Tenant of all of the terms, covenants, and conditions of this Lease by the Tenant to be kept and performed during the term hereof_ Tenant agrees that if the Tenant shall fail to pay the rent herein reserved promptly when due, said deposit may, at the option of the Landlord (but Landlord shall not be required to) be applied to any rent due and unpaid, and if the Tenant violates any of the other terms, covenants, and conditions of this Lease, said deposit shall be applied to any damages suffered by Landlord as a result of Tenant's default to the extent of the amount of the damages suffered. Landlord shall not be required to keep such deposit separate from its general accounts. Nothing contained in this Article shall in any way diminish or be construed as waiving any of the Landlord's other remedies as provided herein, or by law or in equity. Should the entire security deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, on the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security deposit to its original amount, and Tenant's failure to do so within fifteen (15) days after receipt of such demand, shall constitute a breach of this Lease. Should Tenant comply with all of the terms, covenants, and conditions of this Lease and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, said security deposit shall be returned in full to Tenant at the end of the term of this Lease, or upon the earlier termination of this Lease, except in the event the Premises are sold as a result of the exercise of any power of sale under any mortgage or deed of trust, in which event this Lease shall be automatically amended to delete any reference to this Section, and Tenant shall be entitled to immediate reimbursement of its security deposit from the party then holding said deposit. This Lease does not create a trust relationship between Landlord and Tenant with respect to such security deposit, and Landlord shall be entitled to treat such security deposit as Landlord's own property. 19. HOLDING OVER. Any holding over after the expiration of the term of this Lease, with the consent of Landlord, shall be construed to be a tenancy from month to month, cancelable upon thirty (30) days written notice, and upon terms and conditions as existed during the last year of the term hereof except that the rent payable shall be one hundred and fifty percent (150 %) of the rent payable immediately preceding the termination date of tills Lease. 20. BINDING EFFECT. The provisions of this Lease shall, subject to Section 14 on assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto. Coffee Societe Lease March I. 201 1 — Febwary 29. 2012 147 21. NOTICE. All notices must be in writing and shall be delivered by hand, by nationally recognized overnight express delivery service or by U.S. registered or certified mail, to the addresses set forth below: TENANT: Jackie Streeter Streeter and Sons dba Coffee Society 10800 Torre Avenue Cupertino, CA 95014 -3255 Phone: (408) 425 -3660 LANDLORD: David W. Knapp City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 Phone: (408) 777 -3202 22. PARTIAL INVALIDITY. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or enforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof. 23. ENTIRE AGREEMENT. This Lease sets forth the entire a between the parties. No amendment or modification of this Lease shall be bindinc or valid except by written instrument and signed by the parties. Executed as of the date first written above. Landlord: CITY OF CUPERTINO By David W. Knapp City Manager Ten : STREETER AND SONS dba COFFEE SOCIETY By 9 J` 22/2,01 j Jackie tr eter Owne► APPROVED AS TO FORM: Carol Korade City Attorney Coffee Society Lease March 1. 201 1 — February 29. 2012 um EXHIBIT A LEASED PREMISES � V a - Q O O _ G1 O G m i m en [ _ rn , I IT FT tlni! EE •' � �j� Cr "- i r ' `p ff I � LD r �' d• 149 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org UPERTINO CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 Subs ect 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 obj ectives: • 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 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. 151 March 1, 2011 Housing Element Subregions (Sub RHNA) Page 3 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. 152 March 1, 2011 Pros and Cons of the Sub RHNA Process Page 4 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 • Time and staff resource concerns to protection of community character. complete new methodology. • Opportunity for the County to show • Need to determine structure and process for leadership. 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 • Cities that want to trade housing with other units. 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 • Could take longer to get agreement on the review of all of the County's Housing correct format of the Housing Elements. Elements. • Could lead to reduced costs if cities • Will need some allocation of money to begin decide to use the same consultant (in the preliminary analysis /outreach as necessary. second phase) to prepare housing • Monitoring a separate allocation system and elements, or share resources /coordinate process would require considerable staff and on policies /etc. funding resources. The sub - region may still end up with same ABAG methodology and /or allocation. 153 March 1, 2011 Page 5 Table 1 Pros Cons • Could lead to grants for affordable • Unclear as to what grants are currently housing outreach and education. available for such work. • Safety net — use ABAG RHNA • Lack of agreement on an allocation system individually if allocation system doesn't could be seen as a failure. work. 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 ATTACHMENT A OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3308 • FAX (408) 777 -3333 • planning ©cupertino.orQ PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date: January 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 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: 1. 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; 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 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 (see Attachment 1 - SCS Schedule). 1 -1 155 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 twenty -first century. A successful SCS will: • Recognize and support compact walkable places where residents and workers have access to services and amenities to meet their day -to -day needs; • Reduce long commutes and decrease reliance that increases energy independence and decreases the region'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, non - profit 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 region's many varied communities. FOCUS Priority Development Areas (PDAs) are locally- identified and regionally adopted infill development opportunity areas near transit. Cupertino does not currently have a PDA. While PDAs are only three percent of the region's land area, local governments have indicated that based upon existing plans, resources, and incentives, the PDAs can collectively accpmmodate over fifty percent of the Bay Area's housing needs through 2035. The current RTP allocates an average of $60 million a year to PDA incentive - related 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 stakeholders. 1 -2 156 January 25, 2011 Sustainable Communities Strategies Update Page 3 MTC and ABAG are engaged in an intense information exchange with County- Corridors Working Groups throughout the Bay Area. Cupertino's 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 members are involved in working groups of planners and transportation officials coordinated by and supported technically by the Valley Transportation Authority (VTA). The City /County 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 County- Corridor 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 Fall 2011), 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 county/ corridor engagement process and information collected by December 2010. The Vision Scenario will encompass an initial identification of places, policies and strategies for long -term, 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 25 -year regional housing need encompassed in the SCS; ■ Provide a preliminary set of housing and employment growth numbers at regional, county, jurisdictional, and sub - jurisdictional 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 and /or secured to support the scenario. 1 -3 157 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 County /Corridor 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 eight -year 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 county /corridor 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 member from Santa Clara County. • Cities must determine whether they want to form a sub - regional 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 (2014- 2022). • 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 ABAG's commitment to the reduction of greenhouse gas emissions and provision of housing for all income levels translates into an alignment of the development of 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 April 2013. 1 -4 158 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). CUPERTINO'S ROLE IN THE SUSTAINABLE COMMUNITIES STRATEGY The City will be 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 should /can 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 (e.g. 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 (e.g., enhanced school facilities, open space, transportation/ transit, 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. 1 -5 159 January 25, 2011 Sustainable Communities Strategies Update Page 6 NEXT STEPS The following is an outline of key steps in the SCS process in 2011: • October/ November 2010; Staff input to Planned Development Areas (PDAs) and other "opportunity" areas. • February 2011: Release of the Initial Vision Scenario. • March /April 2011: Local agency feedback to the Initial Vision Scenario. • April- August 2011: Release of Detailed SCS Scenarios and local agency input. Regional Housing Needs Allocation (RHNA) • January 2011: Appointment of RHNA Methodology Committee. • March 2011: Determination whether to participate in subregional housing methodology effort. • February - August 2011: Participation and review of housing methodology (ABAG and /or 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 L�G� 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 (ABAG /MTC) G: planning /pdreport/pc2/2011/SCA Update012511.doc 1 -6 160 pq F F 9 ff,3 m .................... ................ >I M 14 RAE o[oz mq—a ........... ........... — o C E - 2 ■ cd Q cd pq u 0 RAE o[ozmp-a E ........... H ............. MINIM HHHHHUM NOME RINI HUMMUMUN o 12 . No OFFICE OF THE CITY CLERK UPERTIN Sub, ect CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 1, 2011 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 Interviews are held beginning at 3:30 p.m. Discussion Fri, May 13 Tues, May 24 and Wed, May 25 (as needed) 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