103-B: Strike out version of pages affected by changes introduced by the City Council motion.pdfATTACHMENT B
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, -AIR - 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. Severabilih.
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).
(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.
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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, cobble, ravel or other
like materials that must allow for partial infiltration of water and prevent direct
contact with soil. 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 than 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;
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i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten
thousand pounds or more, or a total combination of motor truck, truck tractor and/or
trailers that exceeds sixty feet in length is not permitted.
[Provisions A(2)-A(8) and Provisions B - E unchanged]
19.100.040 Regulations for Off -Street Parking.
[Provisions A-K unchanged]
L. Heavy equipment a*d-- 4 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. The above
provisions in this subsection shall not apply to heavy equipment stored on site that is being
used for construction or installation or improvements with a valid building or grading
permit.
[Provisions M-Q unchanged]
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