2011 S-28 CUPERTINO, CALIFORNIA
Instruction Sheet
2011 S -28 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 6: FRANCHISES
11, 12 11, 12
TITLE 16: BUILDING AND CONSTRUCTION
69, 70 69, 70
73, 74 73, 74
TITLE 19: ZONING
1,2 1,2
5 through 16 5 through 16
65 through 68B 65 through 68
85 through 88 85 through 88
115 through 118 115 through 118
121, 122 121, 122
147 through 150 147 through 150
TITLE 20: GENERAL AND SPECIFIC PLANS
5, 6 5, 6
Comprehensive Ordinance List
27 through 36 27 through 36
39, 40 39, 40
Index
37 through 42 37 through 42
JBS 4/2011
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
2011 S -28 Supplement contains:
Local legislation current through Ordinance 2074, passed 3 -15 -11
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588
6.24.010
CHAPTER 6.24: GARBAGE AND RECYCLING COLLECTION AND DISPOSAL
Section
6.24.010 Purpose of chapter. 6.24.010 Purpose of Chapter.
6.24.020 Definitions. This chapter is determined and declared to be a health,
6.24.030 Mandatory garbage collection service; sanitary and safety measure necessary for the promotion,
owner responsibility. protection and preservation of the health, safety and general
6.24.040 Commencement of garbage collection welfare of the people of the City of Cupertino. (Ord. 2069,
service. § 1 (part), 2010; Ord. 1572, § 1 (part), 1991)
6.24.050 Frequency of disposal.
6.24.060 Method of garbage, compostable materials 6.24.020 Definitions.
and recyclables disposal. For the purposes of this chapter, the following words
6.24.070 Garbage compostable materials and and phrases shall have the meanings ascribed to them by this
recyclables containers. section, unless the context or the provision clearly requires
6.24.080 Inappropriate containers. otherwise:
6.24.090 Burning restrictions. 1. "City" means and includes all the territory lying
6.24.100 Disposal of explosive or hazardous within the municipal boundaries of the City of Cupertino as
material restrictions. presently existing, plus all territory which may be added
6.24.110 Unauthorized disposal prohibited. thereto during the effective term of the ordinance codified
6.24.120 Franchise granting authority. herein.
6.24.150 Charges for garbage collection service. 2. "Collection station" means the location at which
6.24.160 Failure to pay for garbage collection containers of garbage, recyclables and compostable
service. materials are placed for collection by the authorized garbage
6.24.170 Notification of delinquency. collector.
6.24.180 Assignment of delinquent account. 3. "Compostable materials" means organic
6.24.190 Lien initiation. materials, including but not limited to, material generated
6.24.200 Notice of hearings on liens. from tree trimming, shrubbery pruning, vegetative garden
6.24.210 Administrative hearing on liens. wastes, dead plants, weeds, leaves, grass clippings, food
6.24.220 Public hearing on liens. and non -food vegetative matter, soiled paper, and cardboard
6.24.230 Recording of lien. and waxed cardboard that decompose biologically.
6.24.240 Collection of delinquent charges as a 4. "Construction and demolition debris" or "C &D
special assessment. debris" means materials resulting from the construction,
6.24.250 Report of delinquent charges for special remodeling, or demolition of buildings and other structures.
assessment. "Construction and demolition debris" includes, but is not
6.24.260 Levy of special assessments. limited to, concrete, asphalt, rock and dirt related to
6.24.270 Collection of special assessment. construction, remodeling, repair, or demolition operations
6.24.280 Continuing appropriation account. and is subject to the provisions of Chapter 16.72.
6.24.290 Recycle centers. 5. "Debris box service" means collection service in
6.24.300 Unauthorized garbage collection. containers without compaction that have a capacity of eight
6.24.305 Containers stored in trash enclosures. (8) cubic yards or more. Debris boxes may be used for the
6.24.310 Interfering with garbage collection collection of recyclable and compostable materials, or
service. garbage, and may be used for construction and /or demolition
6.24.320 Unauthorized use of garbage collection debris that may or may not be intended for full or partial
service. recycling or other waste diversion.
6.24.325 Rules and regulations adopted. 6. "Delinquent" means a failure of the recipient of
6.24.330 Violation- Misdemeanor. garbage collection service, or of the property owner, to pay
2011 S -28 Repl. 11
6.24.020 Cupertino - Franchises 12
when due all charges owed to the garbage collector for 14. "Multiple -unit dwelling" or "multiple family
garbage collection service rendered or to be rendered. dwelling" means any premises, excluding a hotel, motel, or
7. "Director" means the Director of Public Works lodging house, used for residential purposes containing more
and his /her duly authorized agents and representatives. than one dwelling unit, irrespective of whether the residency
8. "Dwelling" means a residence, flat, duplex, is transient, temporary or permanent.
apartment, townhouse, condominium or other facility used 15. "Nonresidential premises" means all premises
for housing one or more persons. except residential premises, including but not restricted to
9. "Finance Director" means the Finance Director premises used for industrial, commercial, administrative and
and his /her duly authorized agents and representatives. professional offices, public and quasi - public buildings,
10. "Garbage" means all materials, substances or utility and transportation.
objects that are discarded, including but not restricted to, 16. "Occupancy "; "occupied ": Premises are
materials, substances or objects commonly referred to as "occupied" when a person or persons take or hold
"trash," "garbage," "refuse" and "rubbish" that are possession of the premises for permanent or temporary use.
produced, generated or accumulated by all residential, For the purposes of determining whether a premises is
commercial, industrial, institutional, municipal, agricultural occupied during periods when garbage collection service is
and other inhabitants, premises and activities within the made available to such premises, occupancy shall be
City, the collection of which is regulated through the presumed unless evidence is presented that gas, electric,
franchise agreement existing between the City and the telephone and water utility services were not being provided
authorized garbage collector; provided, however, that to the premises during such periods.
"garbage" does not include (a) hazardous materials, (b) 17. "Owner" means the holder or holders of legal
recyclable materials, (c) compostable materials, (d) title to the real property constituting the premises to which
construction and demolition debris, (e) biomedical waste, (f) garbage collection service is provided.
ash, and (g) sewage and other highly diluted water- carried 18. "Person" includes any person, firm, association,
materials or substances and those in gaseous form. organization, partnership, business trust, joint venture,
11. "Garbage collector" means any person or entity corporation, or company, and includes the United States, the
authorized by the franchise agreement between the State of California, the County of Santa Clara, special
Franchisee and the City, in accordance with Section purpose districts, and any officer or agency thereof.
6.24.120 of this chapter, to collect, receive, carry, 19. "Premises" means any land, building or structure,
transport, and dispose of any garbage produced, kept or or portion thereof, within the City where any garbage is
accumulated within the City. produced, kept, deposited, placed or accumulated.
12. "Garbage collection service" means the 20. "Recyclables" or "Recyclable material" mean
collection, transportation and disposal of garbage, those materials that can be returned to economic use as raw
compostable materials and recyclables by an authorized materials for new, reused or reconstituted products, which
garbage collector. prior to collection are separated by the generator from other
13. "Hazardous materials" means any or combination material treated as garbage. Examples of Recyclables
of materials which because of its quantity, concentration, or include, but are not limited to: newspaper, cans, corrugated
physical, chemical or infectious characteristics may either: cardboard, glass, certain types of plastic, metals, wood,
(a) cause or significantly contribute to an increase in automobile oil, and compostable items such as food and yard
mortality or an increase in serious irreversible, or waste.
incapacitating reversible illness; or (b) pose a substantial "Mixed recyclables" means more than one type of
present or potential hazard to human health or the recyclable material commingled in a bin, debris box,
environment when improperly treated, stored, transported or compactor or other type of container. This material
disposed of or otherwise managed. Hazardous materials includes, but is not limited to wood, paper, plastic, metals,
includes, but is not limited to, hazardous wastes as defined glass, and other dry waste. The material must not have
under California or United States law or any regulations more than 10% putrescrible or non - recyclable waste.
promulgated pursuant to such laws, and all toxic, "Single Source Separated Recyclables" means any
radioactive, biologically infectious, explosive or flammable Recyclables that, prior to collection, are or have been
waste materials, including any material defined in Section separated or segregated by their generator as to type or
9.12.020 of the Cupertino City Code for which a hazardous category of material and are or have been placed into
materials storage permit is required. separate containers according to type or category, i.e. all
2010 S -27
69 Fire Code 16.40.370
3301.5.2.1 Smokeless propellants. Smokeless, 3301.5.3.2.2 Black powder. Commercial stocks of
propellants intended for personal use in quantities nor black powder not on display shall not exceed 50 pounds (23
exceeding 20 pounds (9 kg) are permitted to be stored ir kg) and shall be stored in a type 4 indoor magazine. When
Group R -3 occupancies where kept in original containers. black powder and smokeless propellants are stored together
Smokeless powder in quantities exceeding 20 pounds (9 kg; in the same magazine, the total quantity shall not exceed that
but not exceeding 50 pounds (23 kg) are permitted to be permitted for black powder.
stored in Group R -3 occupancies where kept in a wooder .
box or cabinet having walls of at least 1 inch (25 mm; 3301.5.3.2.3 Small arms primers. Commercial stocks
nominal thickness. of small arms primers not on display shall not exceed
750,000. Storage shall be arranged such that not more than
3301.5.2.2 Black powder. Black powder intended for 100,000 small arms primers are stored in any one pile and
personal use in quantities not exceeding 20 pounds (9 kg) are piles are at least 15 feet (4572 mm) apart.
permitted to be stored in Group R -3 occupancies where kepi (Ord. 2072, (part), 2010; Ord. 2020, (part), 2007)
in original containers and stored in a wooden box or cabinet
having walls of at least 1 inch (25 mm) nominal thickness 16.40.380 Flammable and combustible liquids.
3301.5.2.3 Small arms primers. No more thar. 16.40.390 Storage.
10,000 small arms primers shall be stored in Group R -3 Amend section 3404.2.7.5.8 to read:
occupancies.
3404.2.7.5.8 Overfill Prevention. An approved
3301.5.3 Display and storage in Group M means or method in accordance with Section 3404.2.9.6.6
occupancies. The display and storage of small arms shall be provided to prevent the overfill of all Class I, II and
ammunition in Group M occupancies shall comply with IIIA liquid storage tanks. Storage tanks in refineries, bulk
Sections 3301.5.3.1 through 3301.5.3.2.3. plants or terminals regulated by Sections 3406.4 or 3406.7
shall have overfill protection in accordance with API 2350.
3301.5.3.1 Display. The display of small arms
ammunition in Group M occupancies shall comply with An approved means or method in accordance with
Sections 3301.5.3.1.1 through 3301.5.3.1.3. Section 3404.2.9.7.6 shall be provided to prevent the
overfilling of Class IIIB liquid storage tanks connected to
3301.5.3.1.1 Smokeless propellant. No more than 2C fuel- burning equipment inside buildings.
pounds (9 kg) of smokeless propellants, each in containers
of 1 pound (0.454 kg) or less capacity, shall be displayed in Exception Deleted
Group M occupancies.
Add section 3404.2.7.5.9 to read:
3301.5.3.1.2 Black powder. No more than 1 pound
(0.454 kg) of black powder shall be displayed in Group M 3404.2.7.5.9 Automatic Filling of Tanks. Systems
occupancies. that automatically fill flammable or combustible liquid tanks
shall be equipped with overfill protection, approved by the
3301.5.3.1.3 Small arms primers. No more than fire code official, that sends an alarm signal to a constantly
10,000 small arms primers shall be displayed in Group M attended location and immediately stops the filling of the
occupancies. tank. The alarm signal and automatic shutoff shall be tested
on an annual basis and records of such testing shall be
3301.5.3.2 Storage. The storage of small arms maintained on -site for a period of five (5) years. (Ord.
ammunition in Group M occupancies shall comply with 2072, (part), 2010; Ord. 2020, (part), 2007)
Sections 3301.5.3.2.1 through 3301.5.3.2.3.
16.40.400 Highly toxic and toxic materials.
3301.5.3.2.1 Storage of Smokeless propellant.
Commercial stocks of smokeless propellants not on display 16.40.410 General.
shall not exceed 100 pounds (45 kg). Quantities exceeding Add Sec. 3701.3 to read:
20 pounds (9 kg), but not exceeding 100 pounds (45 kg) 3701.3 Moderately Toxic Gases With a LC50 Equal
shall be stored in portable wooden boxes having walls of al To Or Less Than 3000 Parts Per Million.
least 1 inch (25 mm) nominal thickness. Notwithstanding the hazard class definition in Section 3702,
2010 S -27
16.40.410 Cupertino - Buildings and Construction 70
moderately toxic gases with an LC„ less than 3000 parts per 3704.1.5 Emergency Control Station. Signals from
million shall additionally comply with the requirements for emergency equipment used for highly toxic gases shall be
toxic gases in Section 3704 of this code. (Ord. 2072, (part), transmitted to an emergency control station or other
2010) approved monitoring station, which is continually staffed by
trained personnel.
16.40.420 Definitions.
The following definitions are added to read: Add Sec. 3704.1.6 to read:
MODERATELY TOXIC GAS. Moderately toxic gas 3704.1.6 Maximum Threshold Quantity. Toxic gases
is a chemical or substance that has a median lethal stored or used in quantities exceeding the maximum
concentration (LC„) in air more than 2000 parts per million threshold quantity in a single vessel per control area or
but not more than 5000 parts per million by volume of gas outdoor control area shall comply with the additional
or vapor, when administered by continuous inhalation for an requirements for highly toxic gases of Section 3704 of this
hour, or less if death occurs within one hour, to albino rats code.
weighing between 200 and 300 grams each. Moderately toxic gases stored or used in quantities
exceeding the maximum threshold quantity in a single vessel
MAXIMUM THRESHOLD QUANTITY (MAX TQ). per control area or outdoor control area shall comply with
Maximum Threshold Quantity (Max TQ) is the maximum the additional requirements for toxic gases of Section 3704
quantity of a moderately toxic or toxic gas, which may be of this code.
stored in a single vessel before a more stringent category of
regulation is applied. The following equation shall be used Add Section 3704.1.7 to read:
to calculate the Max TQ:
3704.1.7 Reduced Flow Valve. All containers of
Max TQ (pounds) = LC„ (ppm) x 2 lb. materials other than lecture bottles containing Highly Toxic
material and having a vapor pressure exceeding 29 psia shall
For gas mixtures containing one or more toxic, highly be equipped with a reduced flow valve when available. If a
toxic or moderately toxic components, the LC„ shall be reduced flow valve is not available, the container shall be
calculated using CGA Standards P -20 and P -23 as used with a flow- limiting device. All flow limiting devices
referenced in Appendix E, Section 103.1.3.1. (Ord. 2072, shall be part of the valve assembly and visible to the eye
(part), 2010; Ord. 2020, (part), 2007) when possible; otherwise, they shall be installed as close as
possible to the cylinder source.
16.40.430 Highly toxic, toxic and moderately toxic
gases including those used as Add Section 3704.1.8 to read:
refrigerants.
Add Sec. 3704.1.4 to read: 3704.1.8 Annual Maintenance. All safety control
systems at a facility shall be maintained in good working
3704.1.4 Automatic Shut -Off Valve. An automatic condition and tested not less frequently than annually.
shut -off valve, which is of a fail -safe to close design, shall Maintenance and testing shall be performed by persons
be provided to shut off the supply of highly toxic gases for qualified to perform the maintenance and tests. Maintenance
any of the following: records and certifications shall be available to any
representative of the Fire Department for inspection upon
1. Activation of a manual fire alarm system. request.
2. Activation of the gas detection system.
3. Failure of emergency power. Add Section 3704.1.9 to read:
4. Failure of primary containment.
5. Seismic activity. 3704.1.9 Fire Extinguishing Systems. Buildings and
6. Failure of required ventilation. covered exterior areas for storage and use areas of materials
7. Manual activation at an approved remote regulated by this Chapter shall be protected by an automatic
location. fire sprinkler system in accordance with NFPA 13. The
design of the sprinkler system for any room or area where
Add Sec. 3704.1.5 to read: highly toxic, toxic and moderately toxic gases are stored,
handled or used shall be in accordance with Section 2704.5.
2011 S -28 Repl.
73 Fire Code 16.40.430
Moderately toxic gases with an LC„ less than 3000 defined as all areas within the City of Cupertino as set forth
parts per million in amounts exceeding the threshold and delineated on the map entitled "Wildland -Urban
quantity in Table 3704.3 shall comply with the requirements Interface Fire Area" which map and all notations,
for toxic gases in Sections 2701, 2703, 3701, 3704.1 and references, data and other information shown thereon are
3704.3. hereby adopted and made a part of this chapter. The map
properly attested, shall be on file in the Office of the City
Moderately toxic gases in amounts exceeding the Clerk of the City of Cupertino. (Ord. 2072, (part),
threshold quantity in Table 3704.3 shall comply with the 2010;Ord. 2020, (part), 2007)
requirements for toxic gases in Sections 2701, 2703, 3701,
3704.1 and 3704.3.2.1 through 3704.3.2.5. 16.40.475 Application.
Amend Section 3704.3.3 to read: Amend Section 4906.2 to read:
3704.3.3 Outdoor Storage Weather Protection for 4906.2 Application. Buildings and structures located
Portable Tanks and Cylinders. Weather protection in in the following areas shall maintain the required hazardous
accordance with Section 2704.13 and this section shall be vegetation and fuel management:
provided for portable tanks and cylinders located outdoors
and not within gas cabinets or exhausted enclosures. The 1. All unincorporated lands designated by the State
storage area shall be equipped with an approved automatic Board of Forestry and Fire Protection as State Responsibility
sprinkler system in accordance with Section 2704.5. Areas (SRA) including:
Exceptions Deleted (Ord. 2072, (part), 2010; Ord. 1.1. Moderate Fire Hazard Severity Zones
2020, (part), 2007) 1.2. High Fire Hazard Severity Zones
1.3. Very -High Fire Hazard Severity Zones
16.40.440 Use.
2. Land designated as a Very -High Fire Hazard
Add Section 4105.3.1 to read: Severity Zone or as a Wildland Urban Interface Fire Area
by the City of Cupertino. (Ord. 10 -2072, (part), 2010)
4105.3.1 Silane distribution systems automatic
shutdown. Silane distribution systems shall automatically 16.40.480 Defensible space.
shut down at the source upon activation of the gas detection
system at levels above the alarm level and /or failure of the Amend Section 4907.1 to read:
ventilation system for the silane distribution system. (Ord.
2072, (part), 2010) 4907.1 General. Defensible space will be maintained
around all buildings and structures in Sate Responsibility
Area (SRA) as required in Public Resources Code 4290 and
REQUIREMENTS FOR WILDLAND -URBAN "SRA Fire Safe Regulations" California Code of
INTERFACE FIRE AREAS Regulations, Title 14, Division 1.5, Chapter 7, Subchapter
2, Section 1270.
16.40.460 Definitions. Buildings and structures within the Very -High Fire
Amend definition of Wildland -Urban Interface Fire Hazard Severity Zones of a Local Responsibility Area
Area as follows: (LRA) shall maintain defensible space as outlined in
Government Code 51175 - 51189 and any local ordinance of
Wildland -Urban Interface Fire Area is a the authority having jurisdiction.
geographical area identified by the state as a "Fire Hazard
Severity Zone" in accordance with the Public Resources Persons owning, leasing, controlling, operating or
Code Sections 4201 through 4204 and Government Code maintaining buildings or structures in the locally adopted
Sections 51175 through 51189, or other areas designated by Wildland -Urban Interface Fire Area but that are not within
the enforcing agency to be at a significant risk from the Very -High Fire Hazard Severity Zone and persons
wildfires. See Article 86B for the applicable referenced owning, leasing or controlling land adjacent to such
sections of the Government Code and the Public Resources buildings or structures, shall at all times:
Code. The Wildland -Urban Interface Fire Area shall be
2011 S -28 Repl.
16.40.475 Cupertino - Buildings and Construction 74
1. Maintain an effective defensible space by vegetation, climatic conditions and fire history. The plan
removing and clearing away flammable vegetation and shall address water supply, access, building ignition and
combustible growth from areas within 30 feet (9144 mm) of fire- resistance factors, fire protection systems and
such buildings or structures. equipment, defensible space and vegetation management.
Exception: Single specimens of trees, ornamental 4908.3 Cost. The cost of fire protection plan
shrubbery or similar plants used as ground covers, provided preparation and review shall be the responsibility of the
that they do not form a means of rapidly transmitting fire applicant.
from the native growth to any structure.
4908.4 Plan Retention. The fire protection plan shall
2. Maintain additional effective defensible space by be retained by the fire code official. (Ord. 2072, (part),
removing brush, flammable vegetation and combustible 2010)
growth located 30 feet to 100 feet (9144 mm to 30480 mm)
when required by the fire code official due to steepness of 16.40.490 Access.
terrain or other conditions that would cause a defensible Add Section 4909 to read:
space of only 30 feet (9144 mm) to be insufficient.
4909.1 General. Buildings and structures, or portions
Exception: Grass and other vegetation located more thereof, hereafter constructed or relocated into or within the
than 30 feet (9144 mm) from buildings or structures and less Wildland -Urban Interface Fire Area shall be provided with
than 18 inches (457 mm) in height above the ground need fire apparatus access in accordance with Chapter 5 and
not be removed where necessary to stabilize the soil and Section 4909.2.
prevent erosion.
4909.2 Driveways. Driveways in excess of 150 feet
3. Remove portions of trees, which extend within 10 (45 720 mm) in length shall be provided with turnarounds.
feet (3048 mm) of the outlet of a chimney. Driveways in excess of 200 feet (60 960 mm) in length and
less than 20 feet (6096 mm) in width shall be provided with
4. Maintain trees adjacent to or overhanging a turnouts in addition to turnarounds. An all- weather surface
building free of deadwood; and shall be any surface material acceptable to the code official.
5. Maintain the roof of a structure free of leaves, A driveway shall not serve in excess of two dwelling
needles or other dead vegetative growth. units.
Add Section 4907.2 to read: Exception: When such driveways meet the
requirements for an access road in accordance with this
4907.2 Corrective Actions. The executive body is chapter.
authorized to instruct the fire code official to give notice to
the owner of the property upon which conditions regulated Driveway turnarounds shall be in accordance with Fire
by Section 4907.1 exist to correct such conditions. If the Department Standards. Driveways that connect with a road
owner fails to correct such conditions, the executive body is or roads at more than one point may be considered as having
authorized to cause the same to be done and make the a turnaround if all changes of direction meet the radii
expense of such correction a lien upon the property where requirements for driveway turnarounds.
such condition exists. (Ord. 2072, (part), 2010; Ord. 2020,
(part), 2007) Driveway turnouts shall be an all- weather road surface
at least 10 feet (3048 mm) wide and 30 feet (9144 mm)
16.40.485 Fire Protection Plan. long. Driveway turnouts shall be located as required by the
Add Section 4908 to read: code official.
4908.1 General. When required by the code official, Vehicle load limits shall be posted at both entrances to
a fire protection plan shall be prepared. bridges on driveways and private roads. Design loads for
bridges shall be established by the code official. (Ord. 2072,
4908.2 Content. The plan shall be based upon a (part), 2010; Ord. 2020, (part), 2007)
site - specific wildfire risk assessment that includes
considerations of location, topography, aspect, flammable
2010 S -27
TITLE 19: ZONING
Chapter
19.04 General Provisions
19.08 Definitions
19.12 Designations and Establishment of Districts
19.16 Agricultural (A) Zones
19.20 Agricultural- Residential (A -1) Zones
19.24 Open Space (OS) Zones
19.28 Single - Family Residential (R -1) Zones
19.32 Residential Duplex (R -2) Zones
19.36 Multiple - Family Residential (R -3) Zones
19.40 Residential Hillside (RHS) Zones
19.44 Residential Single - Family Cluster (RIC) Zones
19.48 Planned Development (P) Zones
19.50 Reasonable Accommodation
19.52 Density Bonus
19.56 General Commercial (CG) Zones
19.60 Light Industrial (ML) Zones
19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation
(T) Zones
19.68 Park and Recreation (PR) Zones
19.72 Private Recreation (FP) Zones
19.76 Administrative and Profession Office (OA) Zones
19.80 Accessory Buildings /Structures
19.81 Recycling Areas
19.82 Beverage Container Redemption and Recycling Centers
19.84 Second Dwelling Units in R -1, RHS, A and A -1 Zones
19.88 Conversions of Apartment Projects to Community Housing Projects
19.92 Home Occupations
19.100 Parking Regulations
19.104 Adult Oriented Commercial Activities
19.106 Concurrent Sale of Alcoholic Beverages and Gasoline
19.108 Wireless Communications Facilities
19.112 Nonconforming Uses and Nonconforming Facilities
19.116 Development Agreements
19.118 Required Artwork in Public and Private Developments
19.120 Amendments to the Zoning Maps and Zoning Regulations
19.124 Planned Development Permits, Conditional Use Permits and Variances
19.128 Temporary Uses
19.132 Administrative of Minor Changes in Projects
19.134 Architectural and Site Review
19.136 Appeals
2011 S -28 1
19.08.010
CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and applicability. I. The word "building" includes the word
19.08.020 General rules for construction of "structure."
language. J. All public officials, bodies, and agencies to which
19.08.030 Definitions. reference is made are those of the City unless otherwise
indicated.
K. "City" means the City of Cupertino. (Ord.
19.08.010 Purpose and Applicability. 2074, Exh. 1 (part), 2011; Ord. 1601, Exh. A (part), 1992)
The purpose of this chapter is to promote consistency
and precision in the interpretation of zoning regulations. 19.08.030 Definitions.
The meaning and construction of words and phrases defined Throughout this title the following words and phrases
in this chapter shall apply throughout the zoning regulations, shall have the meanings ascribed in this section.
except where the context of such word or phrases clearly A. "A" Definitions:
indicates a different meaning or construction. (Ord. 2074, "Abandon" means to cease or discontinue a use or
Exh. 1 (part), 2011; Ord. 1601, Exh. A (part), 1992) activity without intent to resume, but excluding temporary
or short -term interruptions to a use or activity during periods
19.08.020 General Rules for Construction of of remodeling, maintaining, or otherwise improving or
Language. rearranging a facility, or during normal periods of vacation
The following general rules of construction shall apply or seasonal closure.
to the text of the zoning regulations: "Abutting" means having property or district lines in
A. The particular shall control the general. common.
B. In case of any difference of meaning or "Accessory building" means a building which is
implication between the text of any provision and any incidental to and customarily associated with a specific
caption or illustration, the text shall control. principal use or facility and which meets the applicable
C. The word "shall" is always mandatory and not conditions set forth in Chapter 19.80.
discretionary. The word "may" is discretionary. "Accessory structure" means a subordinate structure,
D. References in the masculine and feminine genders the use of which is purely incidental to that of the main
are interchangeable. building and which shall not contain living or sleeping
E. Words used in the singular include the plural, and quarters. Examples include a deck, tennis courts, trellis or
the plural includes the singular, unless the context clearly car shelter. Fences eight feet or less are excluded.
indicates the contrary. "Addition" means any construction which increases the
F. The words "activities" and "facilities" include size of a building or facility in terms of site coverage,
any part thereof. height, length, width, or gross floor area ratio.
G. Unless the context clearly indicates to the "Adult bookstore" means a building or portion thereof
contrary, the following conjunctions shall be interpreted as used by an establishment having as a substantial or
follows: significant portion of its stock in trade for sale to the public
1. "And" indicates that all connected items or or certain members thereof, books, magazines, and other
provisions shall apply; publications which are distinguished or characterized by
2. "Or" indicates that the connected items or Their emphasis on matter depicting, describing or relating to
provisions may apply singly or in any combination; "specified sexual activities" or "specified anatomical areas,"
3. "Either ... or" indicates that the connected items as hereinafter defined.
or provisions shall apply singly but not in combination. "Adult cabaret" means a building or portion thereof
H. The words "lot" and "plot" are interchangeable. used for dancing purposes thereof or area used for
2011 S -28 5
19.08.030 Cupertino - Zoning 6
presentation or exhibition or featuring of topless or "Apartment" means a room or a suite of two or more
bottomless dancers, strippers, male or female impersonators rooms which is designed for, intended for, and occupied by
or similar entertainers, for observations by patrons or one family doing its cooking therein.
customers. "Apartment house" means a building designed and used
"Adult motion picture theater" means a building or to house three or more families, living independently of each
portion thereof or area, open or enclosed, used for the other.
presentation of motion pictures distinguished or "Apartment project" means a rental housing
characterized by an emphasis on matter depicting, development consisting of two or more dwelling units.
describing or relating to "specified sexual activities" or "Architectural feature" means any part or appurtenance
"specified anatomical areas," as hereinafter defined, for of a building or structure which is not a portion of the living
observation by patrons or customers. area of the building or structure. Examples include:
"Agriculture" means the tilling of the soil, the raising cornices, canopies, eaves, awnings, fireplaces, or projecting
of crops, horticulture, agriculture, livestock farming, window elements. Patio covers or any projection of the
dairying, or animal husbandry, including slaughterhouses, floor area shall not constitute an architectural projection.
fertilizer yards, bone yard, or plants for the reduction of "Atrium" means a courtyard completely enclosed by
animal matter or any other similar use. walls and /or fences.
"Alley" means a public or private vehicular way less "Attic" means an area between the ceiling and roof of
than thirty feet in width affording a secondary means of a structure, which is unconditioned (not heated or cooled)
vehicular access to abutting property. and uninhabitable.
"Alteration" means any construction or physical "Automotive service station" means a use providing
change in the arrangement of rooms or the supporting gasoline, oil, tires, small parts and accessories, and services
members of a building or structure, or change in the relative incidental thereto, for automobiles, light trucks, and similar
position of buildings or structures on a site, or substantial motor vehicles. Automotive maintenance and repair (minor)
change in appearances of any building or structure. may be conducted on the site. The sale of food or grocery
1. "Incidental alteration" means any alteration to items on the same site is prohibited except for soft drinks
interior partitions or interior supporting members of a and snack foods, either from automatic vending machines or
structure which does not increase the structural strength of in shelves. The sale of alcoholic beverages on the site is
the structure; any alteration to electrical, plumbing, heating, governed by Chapter 19.106.
air conditioning, ventilating, or other utility services, "Automotive repair and maintenance (minor)" means
fixtures, or appliances; any addition, closing, or change in the supplying of routine automotive services such as
size of doors or windows in the exterior walls; or any lubrication, engine tuneups, smog certificates, servicing of
replacement of a building facade which does not increase the tires, brakes, batteries and similar accessories, and minor
structural strength of the structure. repairs involving engine accessories. Any repair which
2. "Structural alteration" means any alteration not requires the engine, drive train, transmission assembly,
deemed an incidental alteration. exhaust system, or drive train parts to be removed from a
"Amusement park" means a commercial facility which motor vehicle or requires the removal of internal parts shall
supplies various forms of indoor and outdoor entertainment not be considered minor. Body and paint shop operations
and refreshments. are not minor repairs or maintenance.
"Animal:" "Average percent of slope" means the ratio between
1. Animal, Adult. "Adult animal" means any animal vertical and horizontal distance expressed in percent; the
four months of age or older. mathematical expression is based upon the formula described
2. Animal, Large. "Large animal" means any below:
equine, bovine, sheep, goat or swine or similar domestic or S = I x L x 100
wild animal, as determined by the Planning Commission. A
3. Animal, Small. "Small animal" means animals S = Average slope of ground in percent
which are commonly found in single - family residential areas I = Contour interval in feet
such as chickens, ducks, geese, rabbits, dogs, cats, etc. ` L = Combined length in feet of all contours on parcel
"Animal care" means a use providing grooming, A = Area of parcel in square feet.
housing, medical care, or other services to animals,
including veterinary services, animal hospitals, overnight or B. "B" Definitions:
short -term boarding ancillary to veterinary care, indoor or "Basement" means any floor below the first story in a
outdoor kennels, and similar services. building that is fully submerged below grade except for
lightwells required for light, ventilation and emergency
2011 S -28
7 Definitions 19.08.030
egress. A basement may have a maximum exterior wall "Child" means a person who is under ten years of age
height of two feet between natural grade and ceiling. for whom care and supervision are being provided in a day
"Block" means any lot or group of contiguous lots care home or day care facility.
bounded on all sides by streets, railroad rights -of -way, or "Child day care facility" means a facility, licensed by
waterways, and not traversed by any street, railroad the State or County, which provides care to children under
right -of -way or waterway. eighteen years of age in need of personal service,
"Boarding home" means any building used for the supervisors, or assistance essential for sustaining the
renting of rooms or providing of table board for from three activities of daily living or for the protection of the
to five persons, inclusive, over the age of sixteen years, individual on a less than twenty- four -hour basis. Child day
who are not members of the same family. care facility includes day care centers and family day care
"Building" means any structure used or intended for homes and includes the following:
supporting or sheltering any use or occupancy when any 1. "Large child care facility," which means a facility
portion of a building is completely separated from every which provides child and day care to seven to twelve
other portion thereof by an "area separation wall" as children inclusive;
defined by the Uniform Building Code, then each such 2. "Small child care facility," which means a facility
portion shall be deemed to be a separate building. which provides child day care for one to six children
1. Building, Attached. "Attached building" means inclusive.
buildings which are physically connected by any structural "Church" means a use providing facilities for
members or wall, excluding decks, patios or fences. organized religious worship and religious education
"Building coverage" means that portion of the net lot incidental thereto, but excluding a private educational
area encompassed within the outermost wall line which facility. A property tax exemption obtained pursuant to
defines a building enclosure. Section 3(0 of Article XIII of the Constitution of the State
"Business" or "commerce" means the purchase, sale of California and Section 206 of the Revenue and Taxation
or other transaction involving the handling or disposition of Code of the State of California, or successor legislation,
any article, substance or commodity for profit or livelihood, constitutes prima facie evidence that such use is a church as
including, in addition, office buildings, offices, shops for defined in this section.
the sale of personal services, garages, outdoor advertising "College" or "university" means an educational
signs and structures, hotels and motels, and recreational and institution of higher learning which offers a course of studies
amusement enterprises conducted for profit. designed to culminate in the issuance of a degree or defined
"Business or trade school" means a use, except a by Section 94302 of the Education Code of the State of
college or university, providing education or training in California, or successor legislation.
business, commerce, language, or similar activity or "Commercial recreation" means a use providing
pursuit, and not otherwise defined as a home occupation. recreation, amusement, or entertainment services, including
C. "C" Definitions: theaters, bowling lanes, billiard parlors, skating arenas, and
"Canopy" means any roof -like structure, either similar services, operated on a private or for- profit basis,
attached to another structure or freestanding, or any but excluding uses defined as outdoor recreation services.
extension of a roof line, constructed for the purpose of "Community center" means a place, structure, area, or
protection from the elements in connection with outdoor other facility used for and providing religious, fraternal,
living. social and /or recreational programs generally open to the
"Car shelter" means a roofed structure or a part of a public and designated to accommodate and serve a
building not enclosed by walls, intended and designed to significant segment of the community.
accommodate one or more vehicles. "Community housing project" means a condominium
"Centerline" means the centerline as established by the project as defined in Section 135 of the California Civil
County Surveyor of Santa Clara County, the City Engineer, Code, a community apartment project as defined in Section
or by the State Division of Highways of the State of 11004 of the California Business and Professions Code,
California. containing two or more rights of exclusive occupancy, or a
"Change of use" means the replacement of an existing 'stock cooperative, as defined in Section 11003.2 of the
use by a new use, or a change in the nature of an existing California Business and Professions Code, containing two or
use, but not including a change in ownership, tenancy or more separately owned lots, parcels or areas.
management where the previous nature of the use, line of "Congregate residence" means any building or portion
business, or other function is substantially changed. thereof which contains facilities for living, sleeping and
2011 S -28
19.08.030 Cupertino - Zoning 8
sanitation, as required pursuant to the Uniform Building, Day Care Home, Family. "Family day care home"
Housing and Fire Codes and may include facilities for eating means a home, licensed by the State or County, which
and cooking for nontransient occupancy primarily by regularly provides care, protection and supervision of twelve
persons eighteen years old and older, in which the or fewer children, in the provider's own home, for periods
responsibilities for rent, housekeeping, cooking and other of less than twenty -four hours per day, while the parents or
household maintenance chores are shared among the guardian are away, and includes the following:
occupants. 1. "Large - family day care home," which means a
"Convalescent facility" means a use other than a home which provides family day care to seven to twelve
residential care home providing inpatient services for children, inclusive, including children under the age of ten
persons requiring medical attention, but not providing years who reside at the home;
surgical or emergency medical services. 2. "Small- family day care home," which means a
"Convenience market" means a use or activity that home which provides family day care to six or fewer
includes the retail sale of food, beverages, and small children, including children under the age of sixteen years
personal convenience items, including sale of food in who reside at the home.
disposable containers primarily for off - premises "Developer" means the owner or subdivider with a
consumption, and typically found in establishments with controlling proprietary interest in the proposed community
long or late hours of operation and in relatively small housing project, or the person or organization making
buildings, but excluding delicatessens and other specialty application thereunder.
food shops and establishments which have a sizable "Development Permit" means a permit issued by the
assortment of fresh fruits, vegetables, and fresh -cut meats. City Council, Planning Commission, Design Review
"Conversion" means a change in the type of ownership Committee, Director of Community Development, or any
of a parcel (or parcels) of land, together with the existing other decision body as empowered by the Cupertino
attached structures, to that defined as °a community housing Municipal Code, approving architecture, site improvements,
project, regardless of the present or prior use of such land buildings, structures, land and /or uses. Development
and structures and whether substantial improvements have Permits may include but shall not be limited to
been made or are to be made to such structure. Administrative Approvals, Two -story Permits, Minor
"Corner triangle" means a triangular- shaped area Residential Permits, Architectural and Site Approvals,
bounded by: Planned Development Permits, Conditional Use Permits,
1. The intersection of the tangential extension of Exceptions, Variances or Subdivision Maps.
front and end property lines as formed by the intersection of "District" means a portion of the territory within the
two public rights -of -way abutting the said property lines; City within which certain uses of land, premises and
and buildings are permitted and certain other uses of land,
2. The third boundary of the triangular- shaped area premises and buildings are prohibited, and within which
shall be a line connecting the front and side property lines at certain yards and other open spaces are required and certain
a distance of forty feet from the intersection of the tangential building site areas are established for buildings, all as set
extension of front and side property lines. forth and specified in this title.
"Court" means an open, unoccupied space, other than "Drinking establishment" means an activity that is
a yard, on the same lot with a building or buildings and primarily devoted to the selling of alcoholic beverages for
which is bounded on two or more sides by such building or consumption on the premises.
buildings, including the open space in a house court or court "Drive- through establishment" means an activity where
apartment providing access. a portion of retailing or the provision of service can be
"Covered parking" means a carport or garage that conducted without requiring the customer to leave his or her
provides full overhead protection from the elements with car.
ordinary roof coverings. Canvas, lath, fiberglass and Driveway, Curved. "Curved driveway" means a
vegetation are not ordinarily roof coverings and cannot be driveway with access to the front property line which enters
used in providing a covered parking space. the garage from the side at an angle of sixty degrees or
D. "D" Definitions: greater to the front curbline and which contains a functional
"Day care center" means any child day care facility, twenty- foot -deep parking area that does not overhang the
licensed by the State or County, other than a family day care front property line.
home, and includes infant centers, preschools, and extended "Duplex" means a building containing not more than
day care facilities. two kitchens, designed and used to house not more than two
families living independently of each other.
2011 S -28
9 Delinitions 19.08.030
"Dwelling unit" means a room or group of rooms 3. "Principal facilities" means a main building or
including living, sleeping, eating, cooking and sanitation other facility which is designed and constructed for or
facilities, constituting a separate and independent occupied by a principal use.
housekeeping unit, occupied or intended for occupancy by "Family" means an individual or group of persons
one family on a nontransient basis and having not more than living together who constitute a bona fide single
one kitchen. housekeeping unit in a dwelling unit. "Family" shall not be
E. "E" Definitions: construed to include a fraternity, sorority, club, or other
Emergency Shelter: group of persons occupying a hotel, lodginghouse, or
"Emergency shelter, rotating" means a facility that institution of any kind.
provides temporary housing with minimal supportive "Family day care home" means a home which
services. Such shelters shall be limited to a time period of regularly provides care, protection, supervision of children
two months in a twelve -month period at any single location in the home for periods of less than twenty -four hours a day,
and shall meet criteria in Section 19.64.040(A). while the parents or guardians are away.
"Emergency shelter, permanent" means a facility that "First floor" means that portion of a structure less than
provides temporary housing with minimal supportive or equal to twenty feet in height, through which a vertical
services that is limited to occupancy of six months or less. line extending from the highest point of exterior construction
Such shelters may be permanently operated and shall meet to the appropriate adjoining grade, passes through one story.
criteria in Section 19.64.040(B). "Floor area" means the total area of all floors of a
"Enclosed" means a covered space fully surrounded by building measured to the outside surfaces of exterior walls,
walls, including windows, doors and similar openings or and including the following:
architectural features, or an open space of less than one 1. Halls;
hundred square feet fully surrounded by a building or walls 2. Base of stairwells;
exceeding eight feet in height. 3. Base of elevator shafts;
"Entry feature" means a structural element, which 4. Services and mechanical equipment rooms;
leads to an entry door. 5. Interior building area above fifteen feet in height
"Equestrian center" means a facility for the shelter, between any floor level and the ceiling above;
display, exhibition, keeping, exercise or riding of horses, 6. Basements with lightwells that do not conform to
ponies or mules, or vehicles drawn by such animals, with Section 19.28.060F;
related pasture lands, corrals and trails. 7. In all zones except residential, permanently
"Equipment yard" means a use providing for roofed, but either partially enclosed or unenclosed building
maintenance, servicing or storage of motor vehicles, features used for sales, service, display, storage or similar
equipment or supplies; or for the dispatching of service uses.
vehicles; or distribution of supplies or construction materials "Floor area" shall not include the following:
required in connection with a business activity, public utility 1. Basements with lightwells that conform to Section
service, transportation service, or similar activity, including 19.28. 060F;
but not limited to, a construction material yard, corporation 2. Lightwells;
yard, vehicular service center or similar use. 3. Attic areas;
F. "F" Definitions: 4. Parking facilities, other than residential garages,
"Facility" means a structure, building or other physical accessory to a permitted conditional use and located on the
contrivance or object. same site;
1. "Accessory facility" means a facility which is 5. Roofed arcades, plazas, walkways, porches,
incidental to, and customarily associated with a specified breezeways, porticos, courts and similar features not
principal facility and which meets the applicable conditions substantially enclosed by exterior walls.
set forth in Chapter 19.80. "Floor area ratio" means the maximum ratio of gross
2. "Noncomplying facility" means a facility which floor area on a site to the total site area.
is in violation of any of the site development regulations or "Front wall" means the wall of a building or other
other regulations established by this title, but was lawfully structure nearest the street upon which the building faces,
existing on October 10, 1955, or any amendment to this but excluding certain architectural features as defined in this
title, or the application of any district to the property chapter.
involved by reason of which the adoption or application the "Full cash value" has the meaning assigned to it in the
facility becomes noncomplying. (For the definition for California Revenue and Taxation Code for property taxation
"nonconforming use" see the definition "use" in this purposes.
chapter.)
2011 S -28
19.08.030 Cupertino - Zoning 10
G. "G" Definitions: "Height" means a vertical distance measured parallel
"Garage" means an accessory building (completely to the natural grade to the highest point of exterior
closed) used primarily for the storage of motor vehicles. construction, exclusive of chimneys, antennas or other
"Grade" or "finished grade" means the lowest point of appurtenances, except that entry features are measured to the
adjacent ground elevation of the finished surface of the top of the wall plate.
ground paving, or sidewalk, excluding areas where grade Height restriction shall be established by establishing
has been raised by means of a berm, planter box, or similar a line parallel to the natural grade.
landscaping feature, unless required for drainage, within the "Home occupation" means an accessory activity
area between the building and the property line, or when the conducted in a dwelling unit solely by the occupants thereof,
property line is more than five feet from the building, in a manner incidental to residential occupancy, in accord
between the building and a line five feet from the building. with the provisions of this title. (For further provisions, see
"Gross lot area" means the horizontal area included regulations for home occupation in Chapter 19.92.)
within the property lines of a site plus the street area "Hospital" means a facility for providing medical,
bounded by the street centerline up to thirty feet distant from psychiatric or surgical services for sick or injured persons,
the property line, the street right -of -way line and the primarily on an inpatient basis, and including ancillary
extended side yard to the street centerline. facilities for outpatient and emergency treatment, diagnostic
"Group care activities" means a residential care services, training, research, administration, and service to
facility providing continuous care for six or fewer persons patients, employees or visitors.
on a twenty- four -hour basis, which requires licensing by a "Hotel" means a facility containing rooms or groups of
governmental agency. rooms, generally without individual kitchen facilities, used
"Guest room" means a room which is intended, or intended to be used by temporary overnight occupants,
arranged or designed to be occupied by occasional visitors whether on a transient or residential occupancy basis, and
or nonpaying guests of the occupants - of the dwelling unit in whether or not eating facilities are available on the premises.
which the room is located, and which contains no kitchen Hotel includes motel, motor hotel, tourist court, or similar
facilities. use, but does not include mobilehome parks or similar uses.
H. "H" Definitions: "Household pets" means small animals commonly
"Habitable floor" means the horizontal space between found in residential areas such as chickens, ducks, geese,
a floor area of at least seventy square feet and the ceiling rabbits, dogs, and cats, but excluding animals such as any
height measuring at least seven feet six inches above it, bovine or equine animal, or any goat, sheep or swine. This
except for a kitchen which shall have a ceiling height not title does not regulate the keeping of small household pets,
less than seven feet above said floor. such as fish, birds or hamsters, which is incidental to any
"Habitable space" means space in a structure for permitted use.
living, sleeping, eating or cooking. Bathrooms, toilet I. "I" Definitions: None.
compartment, closets, halls, storage or utility space and J. "J" Definitions:
similar areas are not considered habitable space. "Junkyard" means the use of more than two hundred
"Heavy equipment" means any mechanical or square feet of the area of any lot for the storage or keeping
motorized device that is not a vehicle or a commercial of junk, including scrap metals or other scrap material,
vehicle as defined in 19.08.030(V), including, but not and/or for the dismantling or wrecking of automobiles or
limited to, a backhoe, cement mixer, crane, ditch witch, other vehicles or machinery.
dozer, earth mover, generator, grader, tractor or any K. "K" Definitions:
similar device. "Kitchen" means an area in habitable space used for
the preparation of food and including at least three of the
following:
1. Cooking appliance(s) or provision for a cooking
To• of a appliance (such as 220V outlets, gas connections and space
Plate
Entry for appliances between counters;
Feature - 2. Counter;
3. Refrigerator;
4. Sink.
Grade L. "L" Definitions:
HEIGHT LIMIT FOR ENTRY FEATURES
2011 S -28
11 Definitions 19.08.030
"Landscaping" means an area devoted to or developed "Lot" or "site" means a parcel of land consisting of a
and maintained with native or exotic planting, lawn, ground single lot of record, used or intended for use under the
cover, gardens, trees, shrubs, and other plant materials, regulations of this title as one site for a use or a group of
decorative outdoor landscape elements, pools, fountains, uses.
water features, paved or decorated surfaces of rock, stone, 1. "Corner lot" means a lot situated at the
brick, block or similar material (excluding driveways, intersection of two or more streets, or bounded on two or
parking, loading or storage areas), and sculptural elements. more adjacent sides by street lines.
"Late evening activities" means an activity which 2. "Flag lot" means a lot having access to a street by
maintains any hours of operation during the period of means of a private driveway or parcel of land not otherwise
eleven p.m. to seven a.m. meeting the requirement of this title for lot width.
"Legal substandard lot" means any parcel of land or 3. "Interior lot" means a lot other than a corner lot.
lot recorded and legally created by the County or City prior 4. "Key lot" means the first lot to the rear of a
to March 17, 1980, which lot or parcel is of less area than corner lot, the front line of which is a continuation of the
required in the zone; or lots or parcels of record which are side line of the corner lot, and fronting on the street which
reduced to a substandard lot size as a result of required intersects or intercepts the street on which the corner lot
street dedication unless otherwise provided in the City of fronts.
Cupertino General Plan. The owner of a legally created, 5. "Lot area" means the area of a lot measured
substandard property which is less than six thousand square horizontally between boundary lot lines, but excluding a
feet but equal to or greater than five thousand square feel portion of a flag lot providing access to a street and lying
may utilize such parcel for residential purposes. The owner between a front lot line and the street, and excluding any
of a legally created parcel of less than five thousand square portion of a lot within the lines of any natural watercourse,
feet may also develop the site as a single - family residential river, stream, creek, waterway, channel or flood control or
building site if it can be demonstrated that the property was drainage easement and excluding any portion of a lot within
not under the same ownership as any contiguous property on a street right -of -way whether acquired in fee, easement or
the same street frontage as of or after July 1, 1984. otherwise.
"Lightwell" means an excavated area required by the "Lot coverage" means and encompasses the following:
Uniform Building Code to provide emergency egress, light 1. "Single - family residential use" means the total
and ventilation for below grade rooms. land area within a site that is covered by buildings, including
"Liquor store" means a use requiring a State of all projections, but excluding ground -level paving, landscape
California "off -sale general license" (sale for off -site features, lightwells, and open recreational facilities.
consumption of wine, beer and /or hard liquor) and having 2. "All other uses except single - family residential"
fifty percent or more of the total dollar sales accounted for means the total land area within a site that is covered by
by beverage covered under the off -sale general license. buildings, excluding all projections, ground -level paving,
"Living space" means habitable space and sanitation. landscape features, and open recreational facilities.
"Loading space" means an area used for loading or "Lot depth" means the horizontal distance from the
unloading of goods from a vehicle in connection with the midpoint of the front lot line to the midpoint of the rear lot
use of the site on which such space is located. line, or to the most distant point on any other lot line where
"Lodging" means the furnishing of rooms or groups o1' there is no clear rear lot line.
rooms within a dwelling unit or an accessory building tc "Lot line" means any boundary of a lot.
persons other than members of the family residence in the 1. "Front lot line" means on an interior lot, the lot
dwelling unit, for overnight occupancy on a residential line abutting a street, or on a corner lot, the shorter lot line
occupancy basis, whether or not meals are provided to suck abutting a street, or on a flag lot, the interior lot line most
person. Lodging shall be subject to the residential densit) parallel to and nearest the street from which access is
requirements of the district in which the use is located. obtained.
"Lodging unit" means a room or group of rooms nor 2. "Interior lot line" means any lot line not abutting
including a kitchen, used or intended for use by overnigh . a street.
occupants as a single unit, whether located in a hotel or 3. "Rear lot line" means the lot line not intersecting
dwelling unit providing lodging where designed or used for a front lot line which is most distant from and the most
occupancy by more than two persons; each two - person closely parallel to the front lot line. A lot bounded by only
capacity shall be deemed a separate lodging unit for the three lot lines will not have a rear lot line.
purpose of determining residential density; each two lodging, 4. "Side lot line" means any lot line which is not a
units shall be considered the equivalent of one dwelling unit front or rear lot line.
2011 S -28
19.08.030 Cupertino - Zoning 12
5. "Street lot line" means any lot line abutting a "Net lot area" means the total area included within the
street. property lines of a site, excluding the following:
"Lot of record" means a lot which is part of a 1. Any portion of a site within the right -of -way of an
subdivision recorded in the office of the County Recorder, existing public street;
or a lot or parcel described by metes and bounds which has 2. The portion of a flag lot constituting the access
been recorded. corridor lying between the front property line and the
"Lot width" means the horizontal distance between frontage line of the corridor at the street;
side lot lines, measured at the required front setback line. 3. The full width of any legal easement used for
M. "M" Definitions: access purposes.
"Manufacturing" means a use engaged in the "Nightclub" means an establishment providing
manufacture, predominantly from previously prepared alcoholic beverage service and late evening (past eleven
materials, of finished products or parts, including processing p.m.) entertainment, with or without food service.
fabrication, assembly, treatment, packaging of such O. "0" Definitions:
products, but excluding basic industrial processing of "Office" means:
extracted or raw materials, processes utilizing inflammable 1. "Administrative or executive offices" including
or explosive material (i.e., materials which ignite easily those pertaining to the management of office operations or
under normal manufacturing conditions), and processes the direction of enterprise but not including merchandising
which create hazardous or commonly recognized offensive or sales services.
conditions. 2. "Medical office" means a use providing
"Massage" means any method of pressure on or consultation, diagnosis, therapeutic, preventative or
friction against or stroking, kneading, rubbing, tapping, corrective personal treatment services by doctors, dentists,
pounding, vibrating or stimulating the external parts of the medical and dental laboratories, and similar practitioners of
human body with the hands or with any mechanical or medical and healing arts for humans, licensed for such
electrical apparatus or other appliances or devices with or practice by the State of California and including services
without such supplementary aides as rubbing alcohol, related to medical research, testing and analysis.
liniment, antiseptic, oil, powder, cream, lotion, ointment or 3. "Professional offices" such as those pertaining to
other similar preparations. the practice of the professions and arts including, but not
"Massage parlor" means a building or portion thereof, limited to, architecture, dentistry, engineering, law and
or a place where massage is administered for compensation medicine, but not including sale of drugs or prescriptions
or from which a massage business or service for except as incidental to the principal uses and where there is
compensation is operated which is not exempted or external evidence of such incidental use.
regulated by the Massage Establishment Ordinance as "Offset" means the indentation or projection of a wall
contained in Title 9, Health and Sanitation of the Cupertino plane.
Municipal Code, Chapter 9.06. "Open" means a space on the ground or on the roof of
"Mobilehome" means a vehicle, other than a motor a structure, uncovered and unenclosed.
vehicle, designed or used as semipermanent housing, "Organizational documents" means the declaration of
designed for human habitation, for carrying persons and restrictions, articles of incorporation, bylaws and any
property on its own structure, and for being drawn by a contracts for the maintenance, management or operation of
motor vehicle, and shall include a trailer coach. all or any part of a community housing project.
"Mobilehome park" means any area or tract of land "Outdoor recreation use" means a privately owned or
where lots are sold, rented, or held out for rent to one or operated use providing facilities for outdoor recreation
more owners or users of mobilehomes, excluding activities, including golf, tennis, swimming, riding or other
travel - trailers, for the purpose of permanent or outdoor sport or recreation, operated predominantly in the
semipermanent housing. open, except for accessory or incidental enclosed services or
"Multiple - fancily use" means the use of a site for three facilities.
or more dwelling units which may be in the same building P. "P" Definitions:
or in separate buildings on the same site. "Park" means any open space, reservation,
N. "N" Definitions: playground, swimming pool, golf course, recreation center,
"Natural grade" means the contour of the land prior to or any other area in the City owned or used by the City or
improvements or development, unless otherwise established County and devoted to active or passive recreations.
by a city approved grading plan that is part of a subdivision "Parking area" means an unroofed, paved area,
map approval. delineated by painted or similar markings, intended and
designed to accommodate one or more vehicles.
2011 S -28
13 Definitions 19.08.030
"Parking facility" means an area on a lot or within a or appurtenant to the land as defined in Civil Code Sections
building, or both, including one or more parking spaces, 658 through 662.
together with driveways, aisles, turning and maneuvering 1. Property, Adjoining. "Adjoining property"
areas, clearances and similar features, and meeting the means any unit of real property, excluding lands used as
requirements established by this title. Parking facility public streets, sharing one or more common points with
includes parking lots, garages and parking structures. another property.
1. "Temporary parking facility" means parking lots "Provider" means a person who operates a child day
which are not required under this title and which are care home and is licensed by the State of California.
intended as interim improvements of property subject to "Public dancehall" is a building or portion thereof used
removal at a later date. for dancing purposes to and in which the general public is
"Parking space" means an area on a lot or within a admitted and permitted to dance, upon payment of any fee
building, used or intended for use for parking a motor other than compensation, or upon payment of a charge for
vehicle, having permanent means of access to and from a admission, or for which tickets or other devices are sold, or
public street or alley independently of any other parking in which a charge is made for the privilege of dancing with
space, and located in a parking facility meeting the any other person employed for such purpose by the operator
requirements established by this title. Parking space is of such establishment, including but not limited to taxi
equivalent to the term "parking stall" and does not include dances, but excluding restaurants, hotel rooms and
driveways, aisles or other features comprising a parking nightclubs in which the dancing is incidental only to other
facility as previously defined in this chapter. entertainment.
"Personal fitness training center" means a facility Q. "Q" Definitions: None.
providing space and equipment, with or without supervision, R. "R" Definitions:
for group or individual athletic development, increased skill "Recreational open space" means open space within a
development in sports activity, or rehabilitative therapy for community housing project (exclusive of required front
athletic injury. setback areas) which shall be used exclusively for leisure
"Picnic area" means a facility providing tables and and recreational purposes, for the use and enjoyment of
cooking devices for preparation and consumption of meals occupants (and their visitors) of units on the project and to
out of doors or within an unenclosed shelter structure. which such occupants (and their visitors) have the right of
"Practice range" means a facility providing controlled use and enjoyment. Accessory structures such as swimming
access to fixed or movable objects which are used to test and pools, recreational buildings and landscaped areas may be
measure accuracy of discharge from a weapon. included as open space.
"Private educational facility" means a privately owned "Recycling center" means facilities appurtenant and
school, including schools owned and operated by religious exterior to an otherwise allowed use, which are utilized for
organizations, offering instruction in the several branches of collection of recyclable materials such as metal, glass,
learning and study required to be taught in the public plastic, and paper stored in mobile vehicles or trailers,
schools by the Education Code of the State of California. permanent storage units, or in bulk reverse - vending
"Professional office" means a use providing machines exceeding fifty cubic feet in size.
professional or consulting service in the fields of law, "Religious institution" means a seminary, retreat,
architecture, design, engineering, accounting, and similar monastery, conference center, or similar use for the conduct
professions, including associated testing and prototype of religious activities including accessory housing incidental
development, but excluding product manufacturing or thereto, but excluding a private educational facility. Any
assembly. such use for which a property tax exemption has been
"Project improvements" means all public road obtained pursuant to Section 3(0 of Article XIII of the
improvements, undergrounding utility improvements, and Constitution of the State of California and Section 206 of the
improvements to the on -site utility networks as required by Revenue and Taxation Code of the State of California, or
the City of Cupertino for a community housing project. successor legislation, or which is used in connection with
"Projection" means architectural elements, not part of any church which has received such an exemption, shall be
the main building support, that cantilevers from a single prima facie presumed to be a religious institution.
building wall or roof, involving no supports to the ground "Residential care facility" means a building or portion
other than the one building wall from which the element thereof designed or used for the purpose of providing
projects. twenty- four - hour -a -day nonmedical residential living
"Property" means real property which includes land, accommodations pursuant to the Uniform Building, Housing
that which is affixed to the land, and that which is incidental and Fire Codes, in exchange for payment of money or other
2011 S -28
19.08.030 Cupertino - Zoning 14
consideration, where the duration of tenancy is determined, "Screened" means shielded, concealed, and effectively
in whole or in part, by the individual resident's participation hidden from view at an elevation of up to eight feet above
in group or individual activities such as counseling, recovery ground level on adjoining sites, or from adjoining sites,
planning, medical or therapeutic assistance. Residential care within ten feet of a lot line, by a fence, wall, hedge, berm,
facility includes, but is not limited to, health facilities as or similar structure, architectural or landscape feature, or
defined in California Health and Safety Code (H &SC) combination thereof.
Section 1250 et seq., community care facilities (H &SC "Second dwelling unit" means an attached or a
Section 1500 et seq.), residential care facilities for the detached residential dwelling unit which provides complete
elderly (H &SC Section 1569 et seq.), and alcoholism or independent living facilities for one or more persons. It
drug abuse recovery or treatment facilities (H &SC Section shall include permanent provisions for living, sleeping,
11384.11), and other similar care facilities. eating, cooking and sanitation on the same parcel as the
Restaurant: single - family dwelling is situated.
1. Restaurant, Fast -Food. "Fast -food restaurant" "Setback line" means a line within a lot parallel to a
means a retail food service establishment in which prepared corresponding lot line, which is the boundary of any
foods or beverages are served or sold on or in disposable specified front, side or rear yard, or the boundary of any
containers, including those establishments where a public right -of -way or private road, whether acquired in fee,
substantial portion of the patrons may serve themselves and easement, or otherwise, or a line otherwise established to
may consume the food and beverages off -site. A separate govern the location of buildings, structures or uses. Where
bar facility for serving alcoholic beverages is not permitted. no minimum front, side or rear yards are specified, the
Any area, tables or rooms reserved for serving alcoholic setback line shall be coterminous with the corresponding lot
beverages shall be considered a separate bar facility. line.
Specialty food stores, such as ice cream stores, bakeries or Setback Area, Required. "Required setback area"
shops, shall not be considered fast -food restaurants. means open space, unoccupied and unobstructed from the
2. Restaurant, Full Service. "Full- service ground upward, except as provided in this title, between the
restaurant" means any restaurant which is not a fast -food lot line and the setback line on the same site.
restaurant. Alcoholic beverages may be served with meals 1. Setback Area, Required Front Yard. "Required
at a customer's dining table; however, a separate bar facility front -yard setback area" means the setback area extending
for serving alcoholic beverages is not permitted without a across the front of a lot between the front lot line and the
use permit. setback line. Front yards shall be measured either by a line
"Research and development" means a use engaged in at right angles to the front lot line, or by a radial line in the
study, design, analysis and experimental development of case of a curved front lot line, except flag lots which is the
products, processes or services, including incidental area extending across the full extent of the buildable portion
manufacturing of products or provisions of services to of the flag lot measured from the property line which is
others. parallel to and nearest the street line and at which point the
"Residential care home" means the use of a dwelling lot width equals a minimum of sixty feet. The Planning
unit or portion thereof licensed by the State of California or Commission shall have the discretion to modify the
County of Santa Clara, for care of up to six persons, provisions of this definition when it improves the design
including overnight occupancy or care for extended time relationship of the proposed buildings to adjacent buildings
periods, and including all uses defined in Sections 5115 and or parcels.
5116 of the California Welfare and Institutions Code, or 2. Setback Area, Required Rear Yard. "Required
successor legislation. rear -yard setback area" means the area extending across the
"Reverse vending machine" means a mechanical full width of the lot between the rear lot line and the nearest
device which accepts one or more types of empty beverage line or point of the main building.
containers and issues a cash refund or credit slip. 3. Setback Area, Required Side Yard. "Required
"Rotating homeless shelter" means a shelter located in side -yard setback area" means the area between the side lot
an existing church structure, the shelter provided not to line and the nearest line of a building, and extending from
exceed two months in any twelve -month period at any single Ole front setback line to the rear setback line.
location, and the number of occupants not to exceed "Shopping center" means a group of commercial
twenty -five, hours of operation not to exceed six p.m. to establishments, planned, developed, owned or managed as
seven a.m. a unit, with off - street parking provided on the site.
S. "S" Definitions: "Single - family use" means the use of a site for only
one dwelling unit.
2011 S -28
15 Definitions 19.08.030
"Specialty food stores" means uses such as bakeries, to onsite or offsite services that assist the supportive housing
donut shops, ice cream stores, produce markets and meat resident in retaining the housing, improving his or her health
markets, or similar establishments where food is prepared status, and maximizing his or her ability to live and, when
and /or sold primarily for consumption off the premises. possible, work in the community.
"Specified anatomical areas" means: T. "T" Definitions:
1. Less than completely and opaquely covered "Target population" (per CA Health and Safety Code
human genitals, pubic region, buttocks and female breast 53260(d)) means adults with low incomes having one or
below a point immediately above the top of the areola; and more disabilities, including mental illness, HIV or AIDS,
2. Human male genitals in a discernibly turgid state, substance abuse, or other chronic health conditions, or
even if completely and opaquely covered. individuals eligible for services provided under the
"Specified sexual activities" means: Lanterman Developmental Disabilities Services Act
1. Human genitals in a state of sexual stimulation or (Division 4.5 (commencing with Section 4500) of the
arousal; Welfare and Institutions Code) and may, among other
2. Acts of human masturbation, sexual intercourse populations, include families with children, elderly persons,
or sodomy; young adults aging out of the foster care system, individuals
3. Fondling or other erotic touching of human exiting from institutional settings, veterans, or homeless
genitals, pubic region, buttocks or female breast. people.
"Story" means that portion of a building, excluding a "Transient" means any individual who exercises
basement, between the surface of any floor and the surface occupancy or is entitled to occupancy by reason of
of the next floor above it, or if there is no floor above it, concession, permit, right of access, license or other
then the space between the floor and the ceiling next above agreement for a period of thirty consecutive calendar days or
it. less, counting portions of calendar days as full days, and
"Street" means a public or private thoroughfare the including any individual who actually physically occupies the
design of which has been approved by the City which premises, by permission of any other person entitled to
affords the principal means of access to abutting property, occupancy.
including avenue, place, way, drive, lane, boulevard, "Transitional housing" and "transitional housing
highway, road, and any other thoroughfare except an alley development" (per CA Health and Safety Code 50675.2 (h))
as defined in this chapter. means buildings configured as rental housing developments,
1. Street, Public. "Public street" means all streets, but operated under program requirements that call for the
highways, lanes, places, avenues and portions thereof and termination of assistance and recirculation of the assisted
including extensions in the length and width, which have unit to another eligible program recipient at some
been dedicated by the owners thereof to public use, acquired predetermined future point in time, which shall be no less
for public use, or in which a public easement for roadway than six months.
purposes exists. U. "U" Definitions:
"Structure" means that which is built or constructed, "Use" means the conduct of an activity, or the
an edifice or building of any kind, or any piece of work performance of a function or operation, on a site or in a
artificially built up or composed of parts joined together in building or facility.
some definite manner. 1. "Accessory use" means a use which is incidental
1. Structure, Recreational. "Recreational structure" to and customarily associated with a specified principal use.
means any affixed accessory structure or portion thereof, 2. "Conditional use" means a use listed by the
which functions for play, recreation or exercise (e.g., pool regulations of any particular district as a conditional use
slides, playhouses, tree houses, swings, climbing apparatus, within that district, and allowable therein solely on a
gazebos, decks, patios, hot tubs and pools) but does not discretionary use /conditional basis, subject to issuance of a
include portable play structures, such as swings or climbing conditional use permit, and to all other regulations
apparatus. established by this title.
"Structurally attached" means any structure or 3. "Nonconforming use" means a use which is not
accessory structure or portion thereof, which is substantially a permitted use or conditional use authorized within the
attached or connected by a roof structure or similar physical district in which it is located, but which was lawfully
attachment. existing on October 10, 1955; or the date of any
"Supportive housing" (per CA Health and Safety Code amendments thereto, or the application of any district to the
50675.14(b)) means housing with no limit on length of stay, property involved, by reason of which adoption or
that is occupied by the target population, and that is linked application the use became nonconforming. (See
"noncomplying facilities" in this chapter for a definition.)
2011 S -28
19.08.030 Cupertino - Zoning 16
4. "Permitted use" means a use listed by the 2. "Rear yard" means a yard measured into a lot
regulations of any particular district as a permitted use from the rear lot line, extending between the side yards;
within that district, and permitted therein as a matter of right provided that for lots having no defined rear lot line, the rear
when conducted in accord with the regulations established yard shall be measured into the lot from the rearmost point
by this title. of the lot depth to a line parallel to the front lot line.
5. "Principal use" means a use which fulfills a 3. "Side yard" means a yard measured into a lot
primary function of a household, establishment, institution, from a side lot line, extending between the front yard and
or other entity. rear lot line.
"Useable rear yard" means that area bounded by the Z. "Z" Definitions: None. (Ord. 11 -2074, (part),
rear lot line(s) and the rear building line extended to the side 2011; Ord. 2056, (part), 2010; Ord. 1894, § 1, 2002; Ord.
lot lines. The side yard adjacent to a proposed minor 1891, (part), 2002; Ord. 1863, (part), 2000; Ord. 1809,
addition (e.g., addition equaling ten percent or less of the 2000; Ord. 1784, (part), 1998; Ord. 1725, (part), 1996;
principal structure) may be included in calculation of usable Ord. 1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord.
rear yard area. 1654, 1994; Ord. 1637, (part), 1993; Ord. 1635, (part),
V. "V" Definitions: 1993; Ord. 1618, (part), 1993; Ord. 1607, § 1, 1992; Ord.
"Vehicle" means any boat, bus, trailer, motor home, 1601, Exh. A (part), 1992)
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.
1. 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.
2. 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.
"Visual privacy intrusion" means uninterrupted visual
access from a residential dwelling or structure into the
interior or exterior areas of adjacent residential structures,
which area is either completely or partially private, designed
for the sole use of the occupant, and /or which serves to
fulfill the interior and /or exterior privacy needs of the
impacted residence or residences.
W. "W" Definitions: None.
X. "X" Definitions: None.
Y. "Y" Definitions:
"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.
1. "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.
2011 S -28
19.48.010
CHAPTER 19.48: PLANNED DEVELOPMENT (P) ZONES
Section
19.48.010 Purpose. B. All P districts shall be identified on the zoning
19.48.020 Applicability of regulations. map with the letter coding "P" followed by a specific
19.48.030 Establishment of districts - Permitted reference to the general type of use allowed in the particular
and conditional uses. planning development zoning district. For example, a
19.48.040 Zoning or prezoning. planned development zoning district in which the uses are to
19.48.050 Planned development permit. be general commercial in nature, would be designated "P
(CG)." A planned development zoning district in which the
19.48.010 Purpose. uses are intended to be a mix of general commercial and
A. The planned development (P) zoning district is residential would be designated "P (CG /Res)."
intended to provide a means of guiding land development or C. Permitted uses in a P zoning district shall consist
redevelopment of the City that is uniquely suited for planned of all uses which are permitted in the zoning district which
coordination of land uses and to provide for a greater constitutes the designation following the letter coding "P."
flexibility of land use intensity and design because of For example, the permitted uses in a P (CG) zoning district
accessibility, ownership patterns, topographical are the same uses which are permitted in a CG zoning
considerations, and community design objectives. district.
B. The planned development zoning district is D. Conditional uses in a P zoning district shall
specifically intended to encourage variety in the consist of all uses which require the issuance of a
development pattern of the community; to promote a more conditional use permit in the zoning district which
desirable living environment; to encourage creative constitutes the designation following the letter coding "P."
approaches in land development; to provide a means of For example, the conditional uses in a P (CG) zoning district
reducing the amount of improvements required in are the same uses which require a conditional use permit in
development through better design and land planning, to CG zoning district. Each conditional use in a P zoning
conserve natural features, to facilitate a more aesthetic and district requires a separate conditional use permit.
efficient use of open spaces, and to encourage the creation E. The general category of uses in a P zone shall be
of public or private common open space. (Ord. 2073, Exh. defined at the time of the conceptual plan, and shall be
1 (part), 2011) consistent with the adopted General Plan relative to the
property in the application. The development standards and
19.48.020 Applicability of Regulations. regulations of the permitted and conditional uses shall be
No building, structure or land shall be used and no established in conjunction with the approval of the
building or structure shall be erected, enlarged or conceptual and definitive plans. (Ord. 2073, Exh. 1 (part),
structurally altered, or demolished, in any planned 2011)
development zoning district, except in accordance with the
provisions set forth in this chapter. (Ord. 2073, Exh. 1 19.48.040 Zoning or Prezoning.
(part), 2011) A. Application - The applicant for a P zoning district
shall, at the time of the application, submit to the Director
19.48.030 Establishment of Districts- Permitted and of Community Development a conceptual development plan,
Conditional Uses. which will include a general description of the proposed
A. Planned development zoning districts may be uses, the proposed traffic - circulation system, a topographical
established, modified or removed from the zoning map, and map of the site and the neighboring properties, a landscaping
the regulations applicable to any planned development plan, and any other information required by the Director of
district may be established, modified or deleted in accord Community Development, the Planning Commission, or the
with the procedures described in this chapter. City Council. The Director of Community Development
2011 S -28 65
19.48.040 Cupertino - Zoning 66
shall provide the applicant with a detailed list of information planned development permit to be considered at the same
required for a conceptual development plan. public hearing. Combined applications shall be processed
B. Process and Review Authority. and reviewed as provided by Section 19.04.090, Combined
1. Applications for the zoning, prezoning or Application for Land Use Entitlements. (Ord. 2073, Exh.
rezoning of property shall be processed in the manner 1 (part), 2011)
prescribed in Chapter 19.120, Amendments to the Zoning
Maps or Zoning Regulations.
2. Upon final approval of the application, the City
Council shall enact an ordinance zoning or prezoning the
subject property or properties as a planned development
zone, incorporating within such ordinance the conceptual
plan and conditions of approval.
C. Findings. No such ordinance may be adopted
unless, in addition to making the findings required by
Chapter 19.120, Amendments to the Zoning Maps or
Zoning Regulations Ordinance„ the following findings are
made:
1. That the conceptual development plan attached to
the application is consistent with both the General Plan and
any underlying zoning designation which regulates the site;
2. That the conceptual development plan provides
for an organized and unified system of land uses and land
use intensities which would be ` compatible with the
surrounding neighborhood;
3. That the conceptual development plan for a
residential use ensures that the proposed development
provides adequate active and passive oriented open space
within the development to satisfy the needs of future
residents and, further, that the proposed development
provides adequate landscaping that will function in a manner
which will enhance the individual development and the
community as a whole;
4. That the conceptual development plan ensures
that the location of the site with respect to major
thoroughfares and uses outside the zone would not create
undue and unreasonable traffic congestion in the area;
5. That the conceptual development plan makes
provisions for adequate parking, waste disposal and
undergrounding of utilities.
D. Modifications. Any modification of the
conceptual plan requires the submission of a rezoning
application. (Ord. 2073, Exh. 1 (part), 2011)
19.48.050. Planned Development Permit.
A. Process and Review Authority. Prior to any
development within a planned development zoning district,
the applicant must obtain a planned development permit
approving the development pursuant to the requirements of
Chapter 19.124, Planned Development Permits, Conditional
Use Permits and Variances.
B. Combined Applications - Nothing in this chapter
is intended to prohibit a combined application for zoning and
2011 S -28
19.50.010
CHAPTER 19.50: REASONABLE ACCOMMODATION
Section
19.50.010 Purpose. a. Why the individual is considered disabled under
19.50.020 Applicability. the Acts;
19.50.030 Application requirements. b. The development or land use regulations from
19.50.040 Approval authority, procedure and which reasonable accommodation is being requested; and
decision. c. Why the reasonable accommodation is necessary
19.50.050 Findings. to make the specific property accessible to the individual.
19.50.060 Appeals. B. Application for a request for reasonable
accommodation shall be accompanied by the fee prescribed
19.50.010 Purpose. by City Council resolution, no part of which shall be
This chapter provides a procedure to reques returnable to the applicant. (Ord. 2056, (part), 2010)
reasonable accommodation for persons with disabilities
seeking equal access to housing under the Federal Fair 19.50.040 Approval Authority, Procedure and
Housing Act, the Federal Fair Housing Amendments Act o Decision.
1988, and the California Fair Employment and Housing Ac': A. Approval Authority.
(the Acts) in the application of development or land use 1. Director of Community Development. Requests
regulations. (Ord. 2056, (part), 2010) for reasonable accommodation shall be reviewed by the
Director of Community Development (Director), or his
19.50.020 Applicability. designee.
A request for reasonable accommodation may: 2. Other Approval Authority. Requests for
A. Be made only for existing residential dwellings or reasonable accommodation submitted for concurrent review
second dwelling units. with other applications shall be approved by the body having
B. Be made by any person who is defined as disabled final decision- making authority over the combined
under the Acts, when the application of development or land application.
use regulations act as a barrier to fair housing opportunities. B. Procedure. No public noticing or hearing is
C. Include a variance to the development or land use required.
regulations that would eliminate regulatory barriers and C. Decision. A written determination of the final
provide a person with a disability equal opportunity to decision shall be mailed to the applicant. (Ord. 2056, (part),
housing of their choice. (Ord. 2056, (part), 2010) 2010)
19.50.030 Application Requirements. 19.50.050 Findings.
A. Application shall be made to the Director o :' A. The approval body may grant a request for
Community Development, on a form provided by the City reasonable accommodation only if all of the following
and shall contain the following: findings are made:
1. A description and map showing the location of the 1. The proposed improvements are necessary to
property for which the request for reasonable provide housing access for persons disabled under the Acts;
accommodation is sought; 2. The reasonable accommodation granted is one
2. Plans or descriptions of existing and proposed that will accomplish the purpose with the least modification
construction on the property involved together with a io the development or land use regulations from which
statement of the circumstances which justifies the request for reasonable accommodation is being requested;
reasonable accommodation; 3. The granting of the reasonable accommodation
3. Such additional information as the Director may will not be detrimental or injurious to property or
deem pertinent and essential to the application, including improvements in the vicinity, and will not be detrimental to
but not limited to:
2011 S -28 67
19.50.050 Cupertino - Zoning 68
the public health, safety, and general welfare, or
convenience, and to secure the purpose of the title; and
4. The requested reasonable accommodation would
not impose an undue financial or administrative burden on
the City.
B. Conditions of Approval. In granting a request for
reasonable accommodation, the approval body may impose
any conditions of approval deemed reasonable and necessary
to ensure that the reasonable accommodation complies with
the findings in Section 19.50.050(A). (Ord. 2056, (part),
2010)
19.50.060 Appeals.
A decision by the approval body regarding the request
for reasonable accommodation may be appealed pursuant to
Chapter 19.136. (Ord. 2056, (part), 2010)
2011 S -28
19.72.010
CHAPTER 19.72: PRIVATE RECREATION (FP) ZONE
Section
19.72.010 Purpose. intent for the site. Uses authorized for any site are
19.72.020 Applicability of regulations. interchangeable between indoor and outdoor activity, and
19.72.030 Zoning designations. may include activities listed under both subdivision "i" and
19.72.040 Conditional uses -Use permit subdivision "o" of Section 19.72.040, notwithstanding the
required. suffix designation.
19.72.050 Development plan required.
19.72.060 Subsidiary uses. Activity Suffix Complete Use Characteristics
19.72.070 Excluded uses. Characterization Symbol
19.72.080 Performance standards.
19.72.090 Interpretation by the Community Indoor -i FP -i Uses oriented
Development Director. primarily to activities
p which take place
within an enclosed
structure, and as
19.72.010 Purpose. listed in Section
A. The purpose of creating a private recreation (FP) 19.72.050A.
zone is to facilitate zoning under use permit controls which
promote privately sponsored business enterprise for the (Ord. 1601, Exh. A (part), 1992)
cultural and recreational needs of the community which are
distinct from, and yet serve as an enhancement to the 19.72.040 Conditional Uses -Use Permit Required.
organized activity and passive open space uses traditionally The following uses may be permitted in private
provided by the public sector on City or regional parklands. recreation (FP) zones, subject to the securing of a
B. The FP zoning district is intended to encourage a conditional use permit in each separate case. At the
diverse range of recreational development by private inception of a rezoning to the FP classification, such
interests. At the same time, the use intensity of any site in rezoning shall be accompanied by a simultaneous request for
the FP zone is determined by application of performance use permit approval. The use permit review procedure shall
standards which ensure a compatible fit with the site's be as described in Chapter 19.124, Planned Development
geographic and environmental setting. (Ord. 1601, Exh. A Permits, Conditional Use Permits and Variances.
(part), 1992) A. Outdoor Uses Permitted by Conditional Use
Permit Issued by the Planning Commission:
19.72.020 Applicability of Regulations. 1. Equestrian center including riding academies,
No building, structure, or land shall be used, and no stables and horse rental,
building or structure shall be erected, structurally altered or 2. Practice range for archery or firearms,
enlarged in a private recreation zone, otherwise than in 3. Golf course with or without driving range,
conformance with the provisions of this chapter. 4. Swim and racquet club,
Compliance with this chapter does not relieve the owner or 5. Swimming, diving or related sports center,
developer of property intended to be included in an FP zone 6. Picnic areas,
from complying with all other applicable City ordinance or 7. Racquet sports center for tennis, racquetball,
conforming with the provisions of the City's General Plan. badminton and similar activities,
(Ord. 1601, Exh. A (part), 1992) 8. Specialty outdoor activity center encompassing
one or more of the following or similar uses:
19.72.030 Zoning Designations. a. Roller skating,
The ordinance rezoning each property or parcel to the b. Skateboarding,
private recreation (FP) zone classification shall include one c. Lawn bowling, bocce ball,
of the suffixes in the table below, indicating the primary use d. Miniature golf,
2011 S -28 85
19.72.040 Cupertino - Zoning 86
e. Waterslide, B. Definition of uses within the buildings, a use
9. Commercial athletic field for one or more of the distribution table setting forth the property size, and the
following or similar uses: amount of land devoted to the principal recreation use or
a. Baseball, softball or batting cage training, uses and support activities;
b. Football, C. Depiction of surrounding uses at least one
c. Soccer, hundred feet in each direction from the perimeter of the
d. Volleyball, project; existing and proposed private and public streets
e. Field hockey, which provide ingress and egress to the site; the location of
f. Basketball, driveway aprons and pedestrian paths;
10. Amusement parks with or without rides or live D. A drawing describing the areas to be landscaped
entertainment, within the development, including areas adjacent to streets.
11. Bicycle motocross course /go -cart track or similar The functional aspects of landscaping design shall be
specialty raceway, but excluding facilities for racing of described, including but not limited to how landscaping is
automobiles or motorcycles, used to screen parked vehicles, to enhance the enjoyment of
12. Air sports field for hang gliding, ultralight activity areas or separate activity areas from adjoining uses,
aircraft or ballooning, but excluding common carrier and provide an aesthetically pleasing design element;
passenger aircraft service, E. A description of the phasing of construction for
13. Other outdoor recreation uses which are found by the development, including a tentative time schedule and
the City Council or Planning Commission to be of similar plan describing the extent of building square footage and
intensity and characteristics of use to those enumerated in land area involved with each phase of the development.
this subdivision; (Ord. 1601, Exh. A (part), 1992)
B. Indoor Uses Permitted by Conditional Use Permit
Issued by the Planning Commission: 19.72.060 Subsidiary Uses.
1. Museums and galleries, The following uses may be permitted with a conditional
2. Theaters for film, stage or music entertainment, use permit issued by the Planning Commission when such
3. Specialty indoor activity center encompassing one uses are intended:
or more of the following or similar uses: A. To serve primarily the convenience of persons
a. Bowling, drawn to the site to engage in the activities authorized
b. Video games, thereon as the principal use;
c. Pool, billiards, B. To operate in conjunction with, and be subsidiary
d. Martial arts, to, any of the principal uses described in Section 19.72.050:
e. Ice or roller skating rink, 1. Competition and tournament facilities, including
4. Personal fitness or sports training center with stadium seating, concession stands and box office /ticket
primary location of facilities and equipment enclosed within sales for on- premises events only,
a structure, 2. Restaurant without separate bar facility,
5. Dancehall or facility for dance instruction, 3. Repair shop, servicing equipment associated with
6. Other indoor recreation uses which are found by the activities authorized under the principal use permit,
the City Council or Planning Commission to be of similar 4. Retail sales of equipment and supplies customarily
intensity and characteristics of use to those enumerated in associated with the activities authorized under the principal
this subsection. (Ord. 1601, Exh. A (part), 1992; Ord. use permit,
2073, Exh. 2, 2011) 5. Caretaker's or security officer's residence,
6. Other uses deemed by the Planning Commission
19.72.050 Development Plan Required. or City Council to be subsidiary to the principal use
A development plan shall be approved in conjunction authorized on the site. (Ord. 1601, Exh. A (part), 1992)
with each request for rezoning to the FP district, or with
each separate use permit application subsequent to such 19.72.070 Excluded Uses.
rezoning. The development plan shall include, but shall not The following uses shall not be allowed in a private
be limited to the following content: recreation (FP) zone:
A. Architectural theme of the development; the A. Card clubs and similar businesses operating
location of buildings, building heights, allocation of floor games of chance;
area; B. Nightclubs;
2011 S -28
87 Private Recreation (FP) Zone 19.72.080
C. Other uses which are found by the Planning Traffic. 1. General Standard
Commission or City Council to be in conflict with the - Conform to extraordinary use
objectives of the FP zoning district. (Ord. 1601, Exh. A policy for uses located in urban
(part), 1992) settings
- Maintain existing LOS for
19.72.080 Performance Standards. nonurban street system locations
A. General. Individual use permit requests for 2. Potential Mitigation Strategies
development of facilities in the FP zone shall be subject to
application of performance standards. The performance -Prepare traffic report to ensure
standards and potential mitigation strategies listed in Section compliance with sixteen trip /acre
19.72.080C shall: standard
1. Serve as guidelines applied by the Planning Provide off site roadway capacity
Commission and City Council in a manner which best improvements
accomplishes the intent of the FP zone; -Limit hours of operation or peak
2. Ensure adequate mitigation of potentially hour activity
detrimental impacts associated with a specific use in a
specific location. Performance Standards
B. Priority of Recreational Development. The City
Council may approve a private recreational use which is Intrusion. 1. General Standard
found to be inconsistent with any minimum performance - Adjoining properties shall not be
standard stated in this chapter upon finding that: subject to intrusion from dust,
1. There is an offsetting factor of need for that use; odor, direct visual access or glare
2. The use is of interest to residents of Cupertino from artificial lighting
over uses which draw from a regional area. 2. Potential Mitigation Strategies
C. Impact Mitigation Standards. The following chart
-Provide visual barrier between
shall be used to determine the level of performance activity area and adjoining
appropriate to each category in which one or more
significant impacts may occur to adjoining property and /or properties
to the community at large as a result of any new or Specify cleanup interval for waste
expanded use in the FP zone. The City may impose specific removal /dust control
mitigation strategies as conditions of use permit approval to - Control ventilation of fossil fuels
ensure compliance with the general performance standards, and other combustibles
except as noted in Section 19.72.080B above: - Employ shielded lighting fixtures
near roadways, homes or parks
Performance Standards Landscape. 1. General Standards
- Provide extensive landscaping for
Category Criteria functional and decorative purposes
where context so demands
Noise. 1. General Standards - Maintain and enhance natural
- Adjoining properties shall be landscape elements in rural and
protected from noise levels hillside areas
exceeding noise ordinance 2. Potential Mitigation Strategies
standards -Use street frontage landscaping to
2. Potential Mitigation Strategies reinforce neighborhood setting
- Provide physical barrier between (setbacks, plant types, tree spacing)
noise source and sensitive receptor -Use interior perimeter landscaping
- Limit hours of operation to control visual intrusion, separate
conflicting uses, offset large
- Prepare noise report describing
impervious surface areas
detailed mitigation solutions
2011 S -28
19.72.080 Cupertino - Zoning 88
- Preserve healthy native tree
specimens, especially oaks and
redwoods
- Select plant palette to complement
natural materials and landforms
- Minimize disturbance of natural
grade; avoid exaggerated pad
elevations
Context. 1. General Standards
- Project design should complement
the principal activity objective for
the site's geographic setting
2. Potential Mitigation Strategies
- Rural Context. Preserve hillsides
as quiet residential and open space
areas
- Semirural Context. Preserve
delicate natural ecology of
floodplain and lower foothills
-Urban Context. Maximize
recreation potential where
population is most highly
concentrated
(Ord. 1601, Exh. A (part), 1992)
19.72.090 Interpretation by the Community
Development Director.
The Community Development Director shall be
empowered to make reasonable interpretations of the
regulations and provisions of this chapter, consistent with
the legislative intent thereof. Persons aggrieved by an
interpretation of the chapter by the Community Development
Director may petition the Planning Commission in writing
for review of the interpretation. (Ord. 1601, Exh. A (part),
1992)
2011 S -28
19.100.010
CHAPTER 19.100: PARKING REGULATIONS
Section
19.100.010 Purpose. square feet or less, a maximum of six vehicles are permitted
19.100.020 Application of regulations. in all other residential zones, unless a greater number is
19.100.030 Regulations for parking and keeping approved by the City in conjunction with a development
vehicles in various zones. plan. For purposes of counting vehicles, a camper mounted
19.100.040 Regulations for off - street parking. on a pickup truck is considered one vehicle and other
19.100.050 Parking lot lighting. similarly vertically stacked components which belong
19.100.060 Exceptions. 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
19.100.010 Purpose. prohibited;
The purpose of this chapter is to regulate the parking c. No portion of any vehicle may overhang any
of vehicles which are unsightly, oversized, or which are public right -of -way;
detrimental to property values or the peace and enjoyment of d. All vehicles must be parked on a permanent
neighboring property owners or residents and establish impervious or semi - pervious surface. Semi - pervious
regulations pertaining to the design and number of off- street surfaces include unit pavers, turf block, brick, cobbles,
parking spaces for land use activities located in various gravel or other like materials that must allow for partial
zoning districts. (Ord. 1940, (part), 2004; Ord. 1737, infiltration of water and must prevent direct contact with
(part), 1996; Ord. 1601, Exh. A (part), 1992) soil. Impervious surfaces include concrete, asphalt or other
like materials that do not allow infiltration of water.
19.100.020 Application of Regulations. Impervious surfaces may not exceed forty percent of the
A. No vehicle may be parked, stored or kept on any front yard area. Notwithstanding the above, impervious
parcel of land within the City of Cupertino otherwise than in surfaces may not exceed fifty percent of the front yard area
conformance with the provisions of this chapter. on a lot less than sixty feet in width;
B. Buildings, structures and land uses are required e. All vehicles must be either currently registered,
to provide off- street parking in conformance with this where registration is required for legal operation and in
chapter. The standards and regulations contained in this good operating condition or have a planned non - operation
chapter regulate off- street parking for conventional zoning permit on file with the Department of Motor Vehicles;
districts and are intended also as guidelines for development f. Residential driveways connecting to a detached
projects located in planned development (P) zones and at garage or carport in the rear yard shall have a minimum
congregate residences and residential care facilities. (Ord. width of ten (10) feet on lots less or equal to one hundred
1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1688, § 3 fifty feet in length. Lots that are more than one hundred fifty
(part), 1995; Ord. 1601, Exh. A (part), 1992) . feet in length shall have a minimum driveway width of
twelve (12) feet connecting to a detached garage or carport
19.100.030 Regulations for Parking and Keeping in the rear yard.
Vehicles in Various Zones. g. In a new residential development, driveways shall
A. Vehicles Permitted in Residential Zones. have a minimum clearance of two (2) feet from a building
1. Front or Street Side Setback Area. Vehicles are wall, fence, or property line;
permitted to be placed, kept or parked in a front or street h. Except on lots with circular driveways which
side yard setback area or within twelve feet of a public conform to the provisions of this code, all vehicles parked
right -of -way in a rear yard area in all residential zones in the front or street side yard setback area must be parked
subject to the following restrictions: perpendicular to the street. On lots with circular driveways
a. A maximum of four vehicles are permitted on a which conform to the provisions of this code, all vehicles
lot in residential zone requiring a lot size of ten thousand parked in the front or street side yard setback area are
2011 S -28 115
19.100.030 Cupertino - Zoning 116
limited to less than twenty feet in length, unless parked B. Vehicles Permitted in Nonresidential Zones.
perpendicular to the street. Owners of vehicles made 1. Parking must be consistent with allowed uses in
nonconforming by the adoption of this section shall comply the zone. It is unlawful for any person to place, keep or
with this provision within two years of its enactment; maintain or permit to be placed, kept or maintained, any
i. Any commercial vehicle with a manufacturer's vehicle upon any lot, place or parcel of land within the
gross vehicle weight rating of ten thousand pounds or more, nonresidential zones of the City, except for storage, sale or
or a total combination of motor truck, truck tractor and/or business use as permitted in such zones.
trailers that exceeds sixty feet in length is not permitted. 2. Construction Trailers. Trailers may be used for
2. Area Outside of Front or Street Side Setback temporary offices on construction sites provided that a
Areas. Vehicles are permitted to be placed, kept, or parked permit is obtained from the City Building Department after
in any yard area, excluding those yard areas regulated by satisfactory information has been given that the use is in
paragraph (1) of subsection (A) of this section, provided a compliance with the conditions of this chapter.
three -foot minimum clearance is maintained to any C. Loading and Unloading and Utility Vehicles. The
structure. provisions of this chapter are inapplicable to active loading
3. Parking Within Structures. Vehicles are or unloading of any vehicle or to any public service or utility
permitted to be placed, kept or parked in any legal structure, company vehicles while in the performance of service or
provided that no more than one required enclosed parking maintenance work.
space isoccupied by a vehicle not capable of being propelled D. Parking on Vacant Lots. No vehicle may be
under its own power. parked, kept, or stored upon any vacant or unimproved
4. Enclosed garage shall consist an internal area parcel within the City.
encompassing two parking spaces measuring ten feet by E. Other parking regulations shall be as outlined in
twenty feet each (a total of 20 feet by 20 feet) and shall Title 11 of the Municipal Code. (Ord. 2074 (part), 2011,
provide unobstructed (i.e., by walls, appliances, etc.) Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord.
between six inches from finished floor up to six feet from 1650, (part), 1994; Ord. 1601, Exh. A (part), 1992)
finished floor, Tandem parking arrangements may be
approved via a Parking Exception approvable by the Design 19.100.040 Regulations for Off - Street Parking.
Review Committee. A. Parking Ratio and Dimension. Table
5. Nonconforming single - family dwelling garages 19.100.040 -A defines the minimum and maximum required
legally constructed according to the parking regulations at number of parking spaces by size and type for specific
the time of construction may continue its nonconformity zoning districts and use within zoning districts.
provided that the square footage necessary to legalize the B. Aisle Dimensions. Aisle dimension shall be as
garage based on this section of the ordinance be reserved required by standard details adopted by the City Engineer
from the allowable floor area ratio for a future garage and shown in Table 19.100.040 -B.
upgrade. C. Loading Areas. Loading areas, track parking
6. Non -Self- Propelled Vehicles. A maximum of two spaces, and parking spaces for vehicles other than
vehicles not capable of being propelled under their own automobiles shall have ample dimensions for the particular
power are permitted to be placed, kept or parked outside a use and type of operation, and be designed or required by
legal structure on a lot. the City Engineer.
7. Living or Sleeping Quarters. No vehicle shall be D. Planned Development Districts. The parking
used for living or sleeping quarters, except as permitted requirement contained in Table 19.100.040 -A functions as
below: guidelines for projects in planned development zoning
a. Vehicles located in a mobilehome park and used districts.
consistent with any City regulations applicable to E. Mixed -Use and Shared Parking. The minimum
mobilehome parks are permitted; parking requirement for developments with more than one
b. Trailers, campers or recreational vehicles may be land use, or parking facilities being used by one or more
used by a bona fide guest of a City resident for a period not properties, shall be determined using Table 19.100.040 -C.
to exceed seventy -two hours where the trailer, camper or F. Alternative parking standards. For all projects not
recreational vehicle is located on the resident's property. meeting parking requirements in Table 19.100.040.A, B or
8. Mobilehomes. Mobilehomes, excluding travel C, the Planning Commission or Council may approve
trailers, are not permitted within the residential zones of the alternative parking standards per Section 19.100.060C.
City, except in a mobilehome park or as provided by State
law.
2011 S -28
117 Parking Regulations 19.100.040
G. Tandem, Valet and Other Special Parking Size of Parking Minimum Required Interior
Arrangements. Tandem, valet, and other special forms of Facility (Sq. Ft.) Landscaping (% of Total
parking may be approved per Section 19.100.060C. Parking Facility Area)
H. Minimum Stall Dimension in Parking Structure.
The minimum stall dimension for a uni -size space located in Under 14,999 5%
a parking garage or other enclosed parking structure and 15,000 - 29,000 7.5%
intended for nonresidential uses is eight and one -half (8.5) 30,000 plus 10%
feet by eighteen (18) feet. The space width shall be
increased by one -half (1/2) of a foot to nine (9) feet if
adjacent on one side to a wall or structure; and by one (1) 2. Parking lot trees shall be planted or exist at a rate
foot to nine and one -half (9.5) feet if adjacent on both side of one tree for every five (5) parking stalls for every ten
to a wall or structure. spaces in a single row. Only fifty percent of the trees
I. Handicapped Parking. The handicapped parking located along the perimeter of the parking area may count
requirement embodied in Section 1129 B of the California towards the required number of trees. A parking facility
Building Code, as amended, is hereby incorporated into this with larger trees with high canopies may be allowed to
chapter by reference. increase the number of parking stalls (up to 10 parking stalls
J. Other regulations shall be as outlined in Title 11 per tree) depending on the size of the tree and canopy size.
of the Municipal Code. 3. Landscaped planter strip shall be at least three (3)
K. Residential Lots Fronting on Public or Private feet wide and the length of a parking space.
Streets. If no on- street parking is available, two additional 4. The placement of trees shall be offset between
off-street spaces are required. stalls to prevent vehicles from bumping into them. The
Planning Department shall review and approve final tree
L. Heavy equipment may only be stored within
entirely enclosed structures or behind six - foot -high fencing locations.
in interior side yard and rear yard setback areas. In no case 5. Whenever a parking lot is adjacent to a street, a
shall these items be visible from the street even when placed landscaped buffer at least ten (10) feet wide is required.
in permitted areas. The above provisions in this subsection Where the parking lot is adjacent to a side or rear property
shall not apply to heavy equipment stored on site that is line, a landscaped buffer at least five (5) feet wide is
being used for construction or installation of improvements required. Landscape buffer between double loading stalls
with a valid building or grading permit. shall be at least four (4) feet wide. The required width of
landscaped buffers is inclusive of curbing or vehicle
M. Large- Family Day Care Home. A minimum of
one parking space per nonresident employee is required. overhang allowance.
This parking requirement shall be in addition to the 6. All landscape areas shall be enclosed by a six
minimum requirements of the zoning district. The parking inch wide continuous flat curb allowing parking lot run off
space may be on- street, in front of the provider's residence. into landscaping area, infiltration islands or swales.
A minimum of one parking space shall be available for child Landscape planter strips at the end of the parking aisles
drop-off. The space shall provide direct access to the unit, adjacent to a driveway shall be enclosed by a six -inch raised
not crossing a street. concreted curb with drainage outlets to help delineate the
If the provider is relying on on street parking and the driveways or aisles. Concrete wheel stops shall be placed on
roadway prohibits on street parking, a semi circular top of the flat curb and shall be provided at a rate of one per
driveway may be provided, subject to other provisions of the two stalls. The parking stall length may be decreased by up
Municipal Code. to two feet provide an equivalent vehicle overhang into
N. Landscape Requirements. All new centers and landscaped areas.
centers with a twenty -five percent or greater increase in 7. Curbed planter strips shall be provided at the end
floor area or a twenty -five percent or greater change in floor of each parking aisle. Landscape planter strip shall be at
area resulting from use permit or architectural and site least three (3) feet wide and the length of a parking stall.
approval within twelve months shall be required to meet the 8. Where appropriate, provision shall be made to
following minimum Landscape requirements; however, the ensure that adequate pedestrian paths are provided
Planning Commission and /or City Council may recommend throughout the parking lot /landscaped areas.
additional landscaping. 9. Trees require to meet any section of this title shall
1. Each unenclosed parking facility shall provide a be a minimum of fifteen (15) gallon size.
minimum of interior landscaping in accordance with the 10. All trees shall be protected by wheel stops,
following table: curbing, bollards or other similar barriers as appropriate.
2011 S -28
19.100.040 Cupertino - Zoning 118
11. All landscape shall be continuously maintained. locks and padlocks. Class II facilities must be within
0. Swales and Permeable Surfaces. In order to constant visual range of persons within the adjacent building
reduce urban runoff and provide water quality benefits in or located at street floor level.
parking lots, all new parking lots or any substantial 3. Class III Facilities. Intended for short -term
alterations to existing parking lots shall incorporate the parking. A stationary object to which the user may lock the
following design measures to the maximum extent possible: frame and both wheels with a user provided cable or chain
a. Bio- swales in the require landscaping buffers. and lock.
b. Permeable or semi - pervious stalls. Spacing of the bicycle units shall be figured on a
1. Longitudinal slope of the swale shall be between handlebar width of three feet, distance from bottom of wheel
1% and 5 %. All swales shall be required to provide an to top of handlebar of three feet and six inches and a
adequate underdrain system to prevent ponding. maximum wheel -to -wheel distance of six feet.
2. Swales of greater than 3 % may be required to Q. Parking Space Dimension Chart. Parking space
install check dams to reduce velocity through swale. dimensions shall be as shown in the following table:
3. Swales shall be designed to eliminate any ponding
of water for more than 48 hours. Side slope shall not exceed
3:1 (horizontal:vertical).
P. Bicycle Parking. Bicycle parking shall be
provided in multi - family residential developments and in
commercial districts. In commercial districts, bicycle
parking shall be conveniently located and adjacent to on -site
bicycle circulation pedestrian routes. The bicycle parking
facilities shall be one of the following three classification
types:
1. Class I Facilities. These facilities are intended
for long -term parking and are intended to protect the entire
bicycle or its individual components and accessories from
theft. The facility also protects the cycle from inclement
weather, including wind driven rain. The three design
alternatives for Class I facilities are as follows:
a. Bicycle Locker. A fully enclosed space
accessible only by the owner or operator of the bicycle.
Bicycle lockers must be fitted with key locking mechanisms.
b. Restricted Access. Class III bicycle parking
facilities located within a locked room or locked enclosure
accessible only to the owners and operators of the bicycle.
The maximum capacity of each restricted room shall be ten
bicycles. In multiple family residential developments, a
common locked garage area with Class II parking facilities
shall be deemed restricted access provided the garage is
accessible only to the residents of the units for whom the
garage is provided.
c. Enclosed Cages. A fully enclosed chain link
enclosure for individual bicycles, where contents are visible
from the outside, which can be locked by a user provided
lock. This facility may only he used for multiple family
residential uses.
2. Class II Facilities. Intended for short term
parking. A stationary object which the user can lock the
frame and both wheels with a user provided lock. The
facility shall be designed so that the lock is protected from
physical assault. A Class II facility must accept U- shaped
2010 S -25
121 Parking Regulations 19.100.040
Table 19.100.40 -B (Cont'd)
Type of Angle (In Stall Width Aisle Aisle Car Space
Parking Degrees) Width Width Depth
Stall (One -Way (Two -Way
Aisle) Aisle)
(A) (B) (B) (C)
Uni -Size 0° 8.5 10.0 18.0 22.0
30° 8.5 10.0 18.0 18.0
35° 8.5 10.0 18.0 18.0
40° 8.5 10.0 18.0 18.0
45° 8.5 10.0 18.0 18.0
50° 8.5 10.0 18.0 18.0
55° 8.5 11.5 18.5 18.0
60° 8.5 13.0 19.0 18.0
65° 8.5 14.5 19.5 18.0
70° 8.5 16.0 20.0 18.0
90° 8.5 N/A 22.0 18.0
NOTES TO TABLE:
* - For handicap accessible spaces, please refer to § 1118A.4 of 1994 Uniform Building Code.
* - For further information, please refer to the Public Works Department Standard Detail Sheets.
Table 19.100.040 -C
CALCULATING SHARED PARKING FOR MIXED -USE DEVELOPMENTS
WEEKDAY WEEKEND NIGHTIME
Land Use Daytime Evening Daytime Evening (midnight - 6 a.m.)
(9 a.m. - 4 p.m.) (6 p.m. - midnight) (9 a.m. - 4 p.m.) (6 p.m. - midnight)
Residential 75% 100% 80% 100% 100%
Office /Industrial 100% 10% 10% 5% 5%
Retail 60 90 100 70 5
Hotel 75 100 75 100 75
Restaurant 100 100 100 100 10
Entertainment/ 40 100 80 100 10
Recreational
Instructions:
1. Determine the minimum amount of parking required for each land use as though it were a separate use;
2. Multiply each amount by the corresponding percentage for each of the five time periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the parking space requirement.
(Ord. 2074 (part), 2011, Ord. 2056, (part), 2010; Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1657, (part), 1994;
Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)
19.100.050 Parking Lot Lighting. _ B. The light fixtures shall be oriented and designed
New lighting fixtures for any new site construction to preclude any light and direct glare to adjacent residential
shall meet the following requirements: properties. No direct off -site glare from a light source shall
A. All exterior lighting shall be a white type light be visible above three feet at a public right -of -way.
either metal halide or a comparable color corrected light C. Parking lots, sidewalks and other areas accessible
unless otherwise approved as part of a development plan for to pedestrians and automobiles shall be illuminated with a
uniformity, not allowing any dark areas in the parking lot. uniform and adequate intensity. Typical standards to achieve
uniform and adequate intensity are:
2011 S -28
§ 19.100.050 Cupertino - Zoning 122
1. The average horizontal maintained illumination C. Issued by the Planning Commission. Requests for
should be between one and three foot - candles; and parking exceptions not subject to Section 19.100.050(A) and
2. The average maximum to minimum ratio should (B) may be granted by the Planning Commission at a public
be generally between six and ten to one. hearing subject to Section 19.120.060.
3. A minimum of 3 -foot candles vertically above the 1. The following findings must be made to grant the
parking lot surface shall be maintained. exception:
D. Critical areas such as stairways, ramps and main a. The literal enforcement of this chapter will result
walkways may have a higher illumination. in restrictions inconsistent with the spirit and intent of this
E. Lighting around automatic teller machines shall chapter.
meet minimum standards required by the State Business and b. The granting of the exception will not be injurious
Professions Code. to property or improvements in the area nor be detrimental
F. Shatter resistant lenses should be placed over the to the public safety, health and welfare.
light to deter vandalism. c. The exception to be granted is one that will
G. Underground lighting should utilize vandal- require the least modification and the minimum variance to
resistant fixtures and maintain a minimum five lux level of accomplish the purpose.
color- corrected lighting for maximum efficiency. d. The proposed exception will not result in
H. Portal lighting should be provided inside all significant impacts to neighboring properties.
parking garages entrances. (Ord. 1940, (part), 2004) 2. Projects proposing Alternative Parking Standards
shall meet the following conditions in addition to
19.100.060 Exceptions. 19.100.060C(1)a -d:
Exceptions to this chapter may be granted as provided a. The applicant submits a detailed parking study
in this section. which demonstrates that the proposed use is compatible with
A. Issued by the Director of Community the proposed parking supply. Adjacent on- street parking
Development. With respect to a request for substandard may be included in the parking supply.
sized parking spaces in an enclosed garage in the R -1 Single- b. The project is owned or managed by a single
Family Zoning District, the Community Development entity.
Director may grant an exception if the request meets all of c. If adjacent properties are used to share parking,
the following criteria: they are in close proximity to each other, and reciprocal
1. The exception to be granted is one that will parking and access easements and maintenance agreements
require the least modification and the minimum variance to are recorded on the applicable properties to run with the
accomplish the purpose. land. (Ord. 2056, (part), 2010; Ord. 1940, (part), 2004)
2. The exception to be granted will not preclude the
garage from being used to park two standard -sized vehicles.
B. Issued by the Design Review Committee. The
Design Review Committee may grant exceptions to this
chapter for properties located in the R -1 Single - Family
Zoning District or the R -2 Duplex Zoning District at a
public hearing subject to Section 19.28.110. The following
findings must be made to grant an exception:
1. The literal enforcement of this chapter will result
in restrictions inconsistent with the spirit and intent of this
chapter.
2. The granting of the exception will not be injurious
to property or improvements in the area nor be detrimental
to the public safety, health and welfare.
3. The exception to be granted is one that will
require the least modification and the minimum variance to
accomplish the purpose.
4. The proposed exception will not result in
significant impacts to neighboring properties.
2010 S -25
19.124.010
CHAPTER 19.124: PLANNED DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND
VAIF:IANCES
Section
19.124.010 Authority of the Director of the provisions within residential districts, act as a barrier to
Community Development. fair housing opportunities, pursuant to Chapter 19.50. (Ord.
19.124.020 Application for planned development 2073, Exh. 3 (part), 2011)
permit.
19.124.030 Application for conditional use 19.124.020 Application for Planned Development
permit or variance. Permit.
19.124.040 Action by the Director. A. An application for a planned development permit,
19.124.050 Notice of public hearing. may be made by the owner of record, or his agent, of
19.124.060 Decision after hearing. property for which the planned development is sought.
19.124.070 Action by the Planning Commission. B. Application shall be made to the Director, on a
19.124.080 Action by the City Council. form provided by the City, and shall contain the following:
19.124.090 Planned development permit and 1. A description and map showing the location of the
conditional use permit - Findings and property for which the permit is sought;
conditions. 2. A definitive development plan, consistent with the
19.124.100 Variance - Findings and conditions. conceptual development plan and conditions of approval of
19.124.110 Effective date. the zoning, for the entire property;
19.124.120 Expiration, extension and 3. Architectural drawings of the proposed
revocation. development;
19.124.130 Expansion of planned development 4. Maps showing the locations of buildings;
or conditional uses. 5. Renderings showing building heights and square
19.124.140 Change of use. footages;
19.124.150 Concurrent applications. 6. Maps showing the precise location of roads,
streets, alleys and access points;
19.124.010 Authority of the Director of Community 7. A traffic analysis; and
Development. 8. A construction plan,
Subject to the provisions of this chapter and general 9. Such additional information as the Director may
purpose and intent of this title, the Director of Community deem pertinent and essential to the application.
Development may grant the following: C. Application shall be accompanied by the fee
A. Any development permits which are authorized to prescribed by City Council resolution, no part of which shall
be issued by the Director pursuant to any provision of this be returnable to the applicant. (Ord. 2073, Exh. 3 (part),
title. All other planned development permits and conditional 2011)
use permits shall be issued by either the Planning
Commission or the City Council, as provided by this title; 19.124.030 Application for Conditional Use Permit
B. A variance from the site development regulations or Variance.
and parking and loading regulations (except those In addition to all information required pursuant to
handicapped parking regulations mandated by State law) Section 19.124.020, Application for Planned Development
applicable within any district established by this title; Permit, the following information shall be provided:
C. A variance from the special conditions that apply A. If the application is for a conditional use permit,
to site development and parking and loading regulations plans and /or descriptions of existing and proposed uses of
(including conditions attached to planned developments) the property, and describing in detail the nature of the use
applicable within any district established by this title. proposal to be conducted on the property;
D. A request for reasonable accommodation made by B. If the application is for a variance, plans and /or
any person with a disability, when the strict application of descriptions of existing and proposed construction on the
2011 S -28 147
19.124.030 Cupertino - Zoning 148
property involved, together with a statement of the 19.124.070. Action by the Planning Commission.
circumstances which justify the various applications. (Ord. A. For planned development permits, the Planning
2073, Exh. 3 (part), 2011) Commission is the final decision making body if the
application is for new development of less than five thousand
19.124.040 Action by the Director. square feet of commercial or less than ten thousand square
A. Unless otherwise provided by Section 19.04.090, feet for industrial and /or office use, or less than eight
Combined Application for Land Use Entitlements, the residential units. For all other planned development permit
following actions shall be taken by the Director to process applications, the Planning Commission shall make a
an application for a planned development permit, conditional recommendation to the City Council.
use permit or variance: B. For all permits subject to this Chapter except
1. Upon receipt of a complete application for a those regulated by subsection A of this section 19.124.070,
planned development permit, conditional use permit or the review process shall be as specified in the Chapter of this
variance, the Director shall. within thirty days from the date code that specifies the zoning classification that applies to
the application is deemed by the Director to be complete, set the property in question.
a date for a public hearing upon the matter at a regular or C. The Director shall endeavor to forward a written
special meeting of the Planning Commission, unless the report describing Planning Commission decisions to the City
application is diverted for administrative approval, pursuant Council within five calendar days from the date of the
to Chapter 19.132, Administrative Approval of Minor decision. If a Planning Commission decision is advisory to
Changes in Projects. The public hearing shall commence the City Council, the Director shall endeavor to forward the
within sixty days of the date it is set. If the application is for Planning Commission's recommendations and findings to the
a planned development permit for an individual single -story City Council within fifteen days of the Commission's
or two -story single family residence that directly decision. (Ord. 2073, Exh. 3 (part), 2011)
incorporates Chapter 19.28 (Single Family Residential (R1)
Zones) standards, the Director shall divert the application to 19.124.080 Action by the City Council.
be processed as set forth in Chapter 19.134, Architectural Upon receipt of a recommendation of the Planning
and Site Review, for approval by the Design Review Commission, the City Council may approve, modify, or
Committee. disapprove the recommendation of the Planning
B. The Director shall endeavor to forward a written Commission. (Ord. 2073, Exh. 3 (part), 2011)
report to the City Council and Planning Commission of the
action he /she has taken on each application for planned 19.124.090 Planned Development Permit and
development permit, conditional use permits and variances. Conditional Use Permit - Findings and
(Ord. 2073, Exh. 3 (part), 2011) Conditions.
A. The decision maker may grant a planned
19.124.050 Notice of Public Hearing. development permit or a conditional use permit only if all of
Notice of any public hearing under this chapter shall be the following findings are made:
given in the same manner as provided in Chapter 19.120, 1. The proposed development and /or use, at the
Amendments to the Zoning Maps and Zoning Regulations, proposed location, will not be detrimental or injurious to
of this title. (Ord. 2073, Exh. 3 (part), 2011) property or improvements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or
19.124.060 Decision after Hearing. convenience;
A. At the time and place set for hearing, the 2. The proposed development and /or use will be
Director, Planning Commission or City Council, as the case located and conducted in a manner in accord with the
may be, shall hear evidence for or against such application. Cupertino Comprehensive General Plan, underlying zoning
Within a reasonable time after the conclusion of the hearing, regulations, and the purpose of this title.
the Director, Commission or Council shall make findings B. The decision maker may impose with reasonable
and shall render a decision on the application which is conditions or restrictions as he deems necessary to secure the
supported by the evidence contained in the application or purpose of this title and to assure operation of the
presented at the hearing. development and /or use in a manner compatible with
B. In the event that the decision by the Director, or existing and potential uses on adjoining properties and in the
the Commission, is a final one, then such decision is subject general vicinity.
to the appeal procedures contained in Chapter 19.136, C. Permits are approved for a two -year period or a
Appeals. (Ord. 2073, Exh. 3 (part), 2011) longer period of time to be determined by the
decision - making body. (Ord. 2073, Exh. 3 (part), 2011)
2011 S -28
149 Planned Development Permits, Conditional Use Permits and Variances 19.124.100
19.124.100 Variance - Findings and Conditions. 3. Unless a variance has expired pursuant to
A. The Director may grant a variance from the site subsection 1 of this section, it shall continue to exist for the
development regulations, the parking and loading life of the existing structure or such structure as may be
regulations or the special requirements of this title constructed pursuant to the variance approval unless a
applicable within any district, if the Director finds: different time period is specified in its issuance. A variance
1. There are special circumstances applicable to the from the parking and loading regulations shall be valid only
property (including size, shape, topography, location or during the period of continuous operations of the use and /or
surroundings) that do not apply generally to property in the structure for which the variance was issued.
same district; B. Extensions. The decision maker granting the
2. The special circumstances applicable to the original planned development permit, conditional use permit
property deprive the property of privileges enjoyed by other or variance may, without public hearing, extend the time for
property in the vicinity and under identical zoning the use of such permit or variance for a maximum of one
classification. year only, upon application filed by the applicant with the
3. The issuance of the variance will not constitute a Director prior to expiration. Upon timely filing of an
grant of special privileges inconsistent with the limitations extension request with the Director, the time for which a
upon other properties in the vicinity and zoning in which permit or variance must be used shall be automatically
such property is situated. extended until the request is heard by the decision maker.
4. The variance is not being issued for the purpose C. Revocation. In any case where, in the judgment
of allowing a use that is not otherwise expressly authorized of the Director, substantial evidence indicates that the
by the zone regulation governing the parcel of the property. conditions of a planned development permit, conditional use
5. The granting of the application will not be permit or variance have not been implemented, or where the
detrimental or injurious to property or improvements in the permit or variance is being conducted in a manner
vicinity and will not be detrimental to the public health, detrimental to the public health, safety, and welfare, the
safety, and general welfare, or convenience, and to secure Director shall set a date for a public hearing before the
the purpose of the title. (Ord. 2073, Exh. 3 (part), 2011) decision maker granting the original permit or variance, and
notice a public hearing in accordance with Section
19.124.110 Effective Date. 19.124.050, Notice of Public Hearing, of this code. (Ord.
A planned development permit, conditional use or 2073, Exh. 3 (part), 2011)
variance shall take effect ten working days following the
mailing of the notice of decision, unless an appeal is filed as 19.124.130 Expansion or Modification of Planned
provided in Chapter 19.136, Appeals. (Ord. 2073, Exh. 3 Development or Conditional Use Permits.
(part), 2011) A. Any significant expansion in building size on site
area of a planned development or any significant increase of
19.124.120 Expiration, Extension and Revocation. a conditional use shall necessitate the issuance of a new
A. Expiration. planned development permit or conditional use permit for
1. A planned development permit, conditional use the expansion in accord with the provisions of this chapter.
permit or variance which has not been used within two years B. Any modification to a previously approved
following its issuance, shall become null and void and of no planned development permit shall require an application for
effect, unless a shorter or longer time period is specifically a modification to the original permit and shall be processed
prescribed in the conditions of such permit or variance. A pursuant to the requirements of this Chapter, unless the
permit or variance shall be deemed to be "used" when application is diverted for administrative approval, pursuant
actual substantial and continuous activity has taken place to Chapter 19.132, Administrative Approval of Minor
upon the land subject to the permit or variance or, in the Changes in Projects.
event of the erection of a structure or structures, when C. No applications for a planned development permit
sufficient building activity has occurred and continues to or conditional use permit shall be necessary for existing uses
occur in a diligent manner. which were lawful conforming permitted uses and which
2. Notwithstanding subsection 1 of this section, if were rendered conditional by reason of rezoning or change
the use for which a conditional use permit was granted and to this title, provided that any expansion in the building site
utilized has ceased or has been suspended for one year or or site area of such use shall be subject to the issuance of a
more, said permit becomes null and void. planned development permit or conditional use permit in
accord with this chapter. (Ord. 2073, Exh. 3 (part), 2011)
2011 S -28
19.124.140 Cupertino - Zoning 150
19.124.140 Change of Use.
1. A change from a conditional use or a permitted
use to another permitted use requires a modification of the
planned development permit, unless the proposed use does
not change the general appearance of the project and does
not change how the property interacts with neighboring
properties.
2. A change from a permitted use or a conditionally
permitted use to a different conditional use requires the
issuance of separate conditional use permit. (Ord. 2073,
Exh. 3 (part), 2011)
19.124.150 Concurrent Applications.
Notwithstanding any provision in this title to the
contrary, any application for a planned development permit,
conditional use permit or variance which would normally be
issued by the Director of Community Development or the
Planning Commission may, at the discretion of the Director,
be processed concurrently with applications for General
Plan amendments, zoning changes, subdivision maps or
other approvals which require City Council approval. (Ord.
2073, Exh. 3 (part), 2011)
2011 S -28
2.04.010
CHAPTER 20.04: SPECIFIC PLANS
Section
20.04.010 Purposes. 20.04.030 Preparation, Adoption and Amendment -
20.04.020 Applicability of specific plan Repeal.
regulations. A specific plan shall be prepared, adopted and
20.04.030 Preparation, adoption and amended in the same manner as is provided in the California
amendment - Repeal. Government Code for the preparation, adoption and
20.04.040 Zoning district applicable to a amendment of general plans, except that a specific plan may
specific plan. be adopted by resolution or by ordinance and may be
20.04.050 Required contents of a specific plan. amended as often as deemed appropriate by the City
20.04.060 Specific plan fees. Council. A specific plan may be repealed in the same
manner as it is required to be amended. (Ord. 1664, § 1
(part), 1994)
20.04.010 Purposes.
A. A specific plan is intended to provide a means of 20.04.040 Zoning District Applicable to a Specific
guiding land development or redevelopment of the City that Plan.
is uniquely suited for planned coordination of land uses and All areas governed by a specific plan shall be zoned as
to provide for a greater flexibility of land use intensity and a planned development (P) zoning district under Chapter
design because of accessibility, ownership patterns, 19.48 of the City's Ordinance Code and all regulations
topographical considerations and community design governing land use approvals in a planned development zone
objectives. shall be applicable to specific plans. A proposal for specific
B. A specific plan is intended to encourage variety plan may be combined with any application for land use
in the development pattern of the City, to promote a more entitlements in the City's planned development zoning
desirable living environment, to encourage creative districts. (Ord. 2073, Exh. 3 (part), 2011; Ord. 1664, § 1
approaches in land development, to provide a means of (part), 1994;)
reducing the amount of improvements required in
development through better design and land planning, to 20.04.050 Required Contents of a Specific Plan.
conserve natural features, to facilitate a more aesthetic and A. A specific plan shall include a text and a diagram
efficient use of open spaces, and to encourage the creation which describe all of the following:
of public and private common open space. 1. The distribution, location and extent of the uses
C. This chapter is intended to implement Article 8 of of land, including open space, within the area covered by
the California Government Code regarding the adoption and the plan.
administration of specific plans. (Ord. 1664, § 1 (part), 2. The proposed distribution, location, extent and
1994) intensity of major components of public and private
transportation, sewage, water, drainage, solid waste
20.04.020 Applicability of Specific Plan disposal, energy and other essential facilities proposed to be
Regulations. located within the area covered by the plan and needed to
No building, structure or land shall be used and nc support the land uses described in the plan.
building or structure shall be erected, enlarged or 3. Standards and criteria by which development will
structurally altered, or demolished in any area of the City proceed, and standards for the conversion, development and
which is governed by a specific plan except in accordance utilization of natural resources, where applicable.
with the provisions set forth in this chapter. (Ord. 1664, § 1 4. A program of implementation measures including
(part), 1994) regulations, programs, public works projects and financing
measures necessary to carry out subsections A 1, 2 and 3.
5. Any other information deemed appropriate by the
Director of Community Development, the Planning
Commission or the City Council.
2011 S -28 5
2.04.050 Cupertino - General and Specific Plans 6
B. The specific plan shall include a statement of the
relationship of the specific plan to the general plan. (Ord.
1664, § 1 (part), 1994)
20.04.060 Specific Plan Fees.
A. A fee shall be imposed to recover the costs
associated with the preparation, adoption and administration
of a specific plan. Said fee shall be payable upon issuance
of a building permit for new construction for a project
located in an area governed by a specific plan. New
construction means:
1. Construction of new square footage; or
2. Reconstruction or remodeling of existing space
which houses a land use which would require the issuance of
a conditional use permit under the City's planned
development zone ordinance.
B. In the event that a project consists of new
construction which is twenty -five percent or less of the
maximum square footage allowed on the site, the Director
of Community Development may, in his /her discretion,
defer payment of all, or a portion of, the fee until such time
as the accumulated total of new construction exceeds twenty -
five percent of the maximum allowable square feet on the
site at which time the full amount of the fee is due and
payable.
C. Said fee above described is calculated as follows:
Fee = A[M(1 +bn)]
Where:
A = Number of gross acres in a development
project measured to the center line of each
adjoining street.
M = The City's average cost per acre of
preparing a specific plan (including EIR
costs).
b = The annual inflation rate as determined by
a recognized inflation index (If for example,
the annual inflation rate is 6 %, then
6=0.06)
n = Number of years since the year of specific
plan adoption. (Ord. 1664, § 1 (part),
1994)
27 Comprehensiive Ordinance List
Ord. No. Ord. No.
1570 Amends § 2.84.010, Environmental 1593 Amends § 16.56.010, housing code
Review Committee (2.84) (Repealed by 1710)
1571 Adds Ch. 9.18, nonpoint source 1594 Amends Ch. 16.40, fire code
pollution (9.18) (Repealed by 1711)
1572 Repeals and replaces Ch. 6.24, 1595 Amends §§ 16.32.020, 16.32.030,
garbage collection (6.24) 16.32.040, 16.32.050, swimming
1573 Amends Ord. 1543, heritage and pools (16.32)
specimen trees (14.18) 1596 Amends § 2.44.120, architectural and
1574 Rezone (Special) site approval committee (Repealed by
1575 Adds Art. 13 to Title 18, hillside 1630)
subdivision requirements (18.52) 1597 (Number not used)
1576 Adds Ch. 2.86, Affordable Housing 1598 Amends entirety of Ch. 9.18, repeals
Committee (2.86) former sections 9.18.150 -- 9.18.180,
1577 Amends Ch. 11.24 [§ 11.24.150], nonpoint source pollution (9.18)
parking prohibition along certain 1599 Adds Ch. 3.36, storm drainage service
streets (11.24) charge (3.36)
1578 Amends § 11.24.150, parking 1600 Amends § 3.34.030(A), telephone use
prohibitions on Stevens Creek tax (3.34)
Boulevard (11.24) 1601 Adds Title 19 and repeals Ords.
1579 Amends § 11.12.030, speed limit on 002(b -1), (k), (x), (y), NS -1200 §§ 29
Bandley Drive (11.12) and 30, 220(g) and (1), 575, 618, 652,
1580 Amends Ch. 15.32, water conservation 664, 668, 779, 802, 906, 1277, 1344,
(15.32) 1449, 1450, 1451, 1452, 1484 and
1581 Repeals Ch. 2.38 (Repealer) 1495, zoning (19.02, 19.04, 19.08,
1582 Adds Ch. 3.22, purchase of supplies 19.12, 19.16, 19.20, 19.24, 19.28,
and equipment; repeals Ch. 3.24 19.32, 19.36, 19.40, 19.44, 19.48
(3.22) (Repealed by Ord. 2073), 19.52,
1583 Adds Ch. 3.23, public works contract 19.56, 19.60, 19.64, 19.68, 19.72,
and bidding procedures (3.23) 19.76, 19.80, 19.84, 19.88, 19.92,
1584 Amends § 11.12.030, speed limit on 19.100, 19.104, 19.108, 19.112,
Miller Avenue (11.12) 19.116, 19.120, 19.124 (Repealed by
1585 Amends §§ 11.29.030 -- 11.29.060, on- Ord. 2073), 19.128, 19.132, 19.136)
site parking (Repealed by 1940) 1602 Rezone (Special)
1586 Adds Ch. 11.38, transportation 1603 (Number not used)
demand management (Repealed by 1604 Amends Ch. 15.12, waterworks
1731) system (Repealed by 1776)
1587 Amends §§ 15.32.010, 15.32.020, 1605 Amends § 11.24.150, parking
15.32.030, 15.32.050, and 15.32.060, prohibitions (1 1.24)
water conservation (15.32) 1606 Adds Ch. 9.06, massage
1588 Adds Ch. 10.27, cigarette and /or establishments (9.06)
tobacco vending machines (10.27) 1607 Amends (75) and (76) of § 19.02.030,
1589 Amends § 11.24.150, parking zoning (19.02)
prohibitions on Finch Avenue (11.24) 1608 Adds Ch. 19.05A (OS open -space
1590 Amends §§ 16.04.010 and 16.04.065, zones), zoning (19.24)
repeals §§ 16.04.040, 16.04.045 and 1609 Amends § 18- 1.803.2, 18- 1.402.4(4),
16.04.047, building code (Repealed by 18- 1.402.5.1(B), 18- 1.602.5(A) and
1706) 18- 1.602.7, subdivisions (18.16,
1591 Amends §§ 16.20.010, 16.20.020, 18.24, 18.32)
16.20.030 and 16.20.050, plumbing 1610 Adds subsection (F) to § 16.12.030,
code (Repealed by 1708) soil report (16.12)
1592 Amends §§ 16.24.010, 16.24.030 and 1611 Adds § 14.04.125, traffic diverters
16.24.070, mechanical code (Repealed (14.04)
by 1709) .1612 Amends Ch. 5.04, business license
taxes (5.04)
2011 S -28
Cupertino - Comprehensive Ordinance List 28
Ord. No. Ord. No.
1613 Amends contract with Board of and 19.68.080, review authority
Administration of California Public (14.15 (Repealed by Ord. 2058),
Employees Retirement System (Not 14.18, 16.28, 19.16, 19.20, 19.28,
codified) 19.44, 19.48 (Repealed by Ord. 2073),
1614 Moratorium on certain subdivision, 19.56, 19.76, 19.88, 19.132 and
building and grading uses in 19.136)
Inspiration Heights area (Not codified) 1631 Repeals and replaces Title 8, animals
1615 Adds Ch. 14.15, xeriscape (Repealed by 1644)
landscaping; amends title of Title 14 to 1632 Amends § 3.23.120(B); repeals
be Streets, Sidewalks and Landscaping § 3.23.120(C), public works contract
(Repealed by Ord. 2058) and bidding procedures (3.23)
1616 Amends § 2.7.3 of Ord. 1606, 1633 Amends § 11.24.160, stopping,
massage establishments and services standing and parking (11.24)
(9.06) 1634 Amends Ch. 19.40, zoning (19.40)
1617 Amends § 2.04.040, vacancy on City 1635 Adds §§ 18- 1.1303(G) and (H) and
Council (2.04) 19.28.050(C); amends
1618 Amends §§ 19.08.030, 19.28.070, §§ 18- 1.1303(B), (C) and (D),
19.56.040 and 19.124.100, zoning 19.08.030 and 19.28.060(E)(4),
(19.08, 19.28, 19.56, 19.124 subdivisions and zoning (18.52, 19.08,
(Repealed by Ord. 2073)) 19.28)
161.9 Extends moratorium contained in Ord. 1636 (Number not used)
1614 (Not codified) 1637 Adds subsection (F) to § 14.15.050
1620 Amends Ch. 16.32, swimming pools and Appendix A to Ch. 14.15; amends
(16.32) § 14.15.040, xeriscape landscaping;
1621 Rezone (Special) adds subsection (D) to § 16.28.040,
1622 Amends Ch. 15.32, water conservation fences; adds § 19.76.070, and
(15.32) subsections (D)(4) to § 19.28.060 and
1623 Amends § 2.48.020(A); repeals (C) to; amends §§ 19.08.030,
§§ 2.48.020(F) and 2.48.020(G), 19.24.030(D), 19.28.060(C)(2),
department organization (2.48) 19.28.070(A), [19.48.030B, C and D],
1624 Amends Title 17, signs; adds 19.48.050(A) and (B), 19.48.070(A),
Appendices A -1 through A -9 to Title 19.48.080, 19.48.090(A), 19.56.040,
17 (17.04, 17.08, 17.12, 17.16, 17.20, 19.56.070, 19.64.040(A),
17.24, 17.32, 17.44, 17.52, Title 17, 19.80.030(B)(2), 19.92.040,
Appendices A -1 through A -9) 19.100.030, 19.104.030(A),
1625 Amends § 5.16.040, garage and patio 19.104.040(A), 19.124.030,
sales (5.16) 19.124.040, 19.124.050(A),
1626 Amends §§ 6.24.070 and 6.24.080, 19. 124. 100A[B], zoning (14.15
garbage containers (6.24) (Repealed by Ord. 2058), 16.28,
1627 Amends § 18- 1.201.(H), definition of 19.08, 19.24, 19.28, 19.48 (Repealed
lot line adjustment (18- 1.201.) by Ord. 2073), 19.56, 19.64, 19.76,
1628 Repeals and replaces Ch. 10.44, 19.80, 19.92, 19.100, 19.104, 19.124
parades and athletic events (10.44) (Repealed by Ord. 2073))
1629 Amends § 11.37.040, fee for 1638 Rezone (Special)
processing overweight vehicle permit 1639 Amends §§ 2.36.010, 2.36.020(B) and
(11.37) 2.36.050, park and recreation
1630 Amends §§ 14.15.040(E), . commission (2.36)
14.15.050(A), 14.18.040, 1640 Amends subsections (B) and (H) of
14.18.060(A), 14.18.090, 14.18.100, § 10.44.020, parades and athletic
14.18.110, 14.18.150(B), 14.18.170, events (10.44)
16.28.030, 19.16.060(E)(3), 1641 Amends Ch. 2.86, affordable housing
19.20.060(E)(4), 19.28.060(E)(4), committee (2.86)
19.44.070(E)(4), 19.56.070, 1642 Amends § 2.20.010, city clerk (2.20)
19.76.050(E), 19.88.060(7)(1) and (2), 1643 Amends Ch. 9.06, massage
19.132.060 and 19.136.060; repeals establishments (9.06)
Ch. 2.44 and §§ 19.44.090, 19.48.100 1644 Repeals and replaces Title 8, animals
(Title 8)
2011 S -28
29 Comprehensive Ordinance List
Ord. No. Ord. No.
1645 Amends § 11.24.160, parking 1665 Repeals and replaces Ch. 10.68,
prohibition (11.24) juvenile curfew regulations (10.68)
1646 Rezone (Special) 1666 Adds new § 10.56.040; amends
1647 Amends Ch. 10.25, regulation of §§ 10.56.020 and 10.56.030; amends
smoking in certain public places and renumbers § 10.56.040 to be
(Repealed by 1886) 10.56.050; renumbers §§ 10.56.050 to
1648 Amends § 11.38.040, transportation be 10.56.060 and 10.56.060 to be
demand management (Repealed by 10.56.070, trespassing upon parking
1731) lots, shopping center property and
1649 Amends § 11.08.160, bicycles (11.08) other property open to the public
1650 Amends § 11.29.040(A)(1), on -site (10.56)
parking; amends § 19.96.030(A)(1), 1667 (Not passed)
parking and keeping vehicles in 1668 Amends §§ 10.21.010, 10.21.020,
various zones (Repealed by 1940) 10.21.040, 10.21.070 and 10.21.080,
1651 Adds subsection C to § 14.24.040; news racks; repeals §§ 10.21.050,
repeals subsection D of § 14.24.080, 10.21.080, 10.21.090 and 10.21.110
underground utilities - -new (10.21)
developments (14.24) 1669 Adds Ch. 10.60, regulation of graffiti
1652 Adds §§ 14.04.175 and 14.04.176; (10.60)
amends §§ 14.04.010(H) and (I), 1670 Rezone (Special)
14.04.110 and 14.04.160(B), street 1671 Adds Ch. 19.81, recycling areas
improvements (14.04) (19.81)
1653 Adds Art. 14 to Title 18, street facility 1672 Adds Ch. 1.16, appeals of
reimbursement charges (18.56) administrative decisions (1.16)
1654 Amends § 19.08.030, zoning (19.08) 1673 Adds Ch. 2.18, city attorney (2.18)
1655 Amends §§ 17.24.130, 17.32.040, 1674 Amends § 18- 1.602.10, credit for
17.44.030 and 17.44.080, signs private recreation or open space
(17.24, 17.32, 17.44) (18.24)
1656 Amends §§ 19.04.090, 19.48.090 1675 Repeals and replaces Ch. 1.08, right of
[ 19.48.070] and 19.124.030, zoning entry for inspection (1.08)
(19.04, 19.48 (Repealed by Ord. 1676 Adds §§ 11.04.011, 11.04.019,
2073), 19.124 (Repealed by Ord. 11.04.031, 11.04.091 and 11.04.092;
2073)) amends §§ 11.04.010, 11.04.020,
1657 Amends §§ 19.08.030, 19.20.030, 11.04.030, 11.04.040, 11.04.050,
19.20.040, 19.28.030, 19.28.040, 11.04.062, 11.04.070, 11.04.090,
19.32.030, 19.32.040, 19.36.030, 11.04.100, 11.04.110, 11.04.120,
19.36.040, 19.40.030, 19.40.040, 11.04.130, 11.04.140 and 11.04.150;
19.44.040, 19.44.050 and 19.100, repeals §§ 11.04.061, 11.04.080 and
zoning (19.08, 19.20, 19.28, 19.32, 11.04.160, abatement of abandoned
19.36, 19.40, 19.44, 19.100) vehicles (11.04)
1658 Amends §§ 19.40.030(G), 19.40.050 1677 Amends §§ 1.09.030, 1.09.040,
and 19.40.060, zoning; repeals 1.09.050, 1.09.060, 1.09.080,
§ 19.40.040(A)(8) (19.40) 1.09.100, 1.09.110 and 1.09.150;
1659 Rezone (Special) repeals §§ 1.09.070, 1.09.090,
1660 Amends Ch. 2.16, city council -- 1.09.120, 1.09.130 and 1.09.140,
salaries (2.16) nuisance abatement (1.09)
1661 Adds § 10.25.110, regulation of 1678 Amends § 2.48.020, departmental
smoking in certain public places organization (2.48)
(Repealed by 1886) 1679 Adds Ch. 2.88, audit committee (2.88)
1662 Rezone (Special) 1680 Rezone (Special)
1663 (Number not used) 1681 Amends Ord. 1223, rezone (Special)
1664 Adds Title 20, general and specific 1682 Adds Ch. 19.82, beverage container
plans (20.02, 20.04) redemption and recycling centers
(19.82)
2011 S -28
Cupertino - Comprehensive Ordinance List 30
Ord. No. Ord. No.
1683 Amends §§ 11.24.150 and 11.24.160, 2.20.020, 2.20.110, city clerk,
establishment of certain parking 2.24.010, 2.24.020, 2.24.030,
prohibition (11.24) 2.24.040, city treasurer, 2.28.010,
1684 Rezone (Special) 2.28.030(B), 2.28.040, 2.28.050,
1685 Rezone (Special) 2.28.060, 2.28.070, 2.28.090, city
1686 (Not passed) manager, 2.30.010, 2.30.020, code
1687 Amends Ch. 19.56, zoning (19.56) enforcement officer, 2.32.020(A),
1688 Adds definitions to § 19.08.030 and 2.32.040, 2.32.060(B), 2.32.070,
§§ 19.16.030(J), 19.16.040(B)(3) - -(6), 2.32.090, planning commission,
19.20.030(J) and (K), 2.36.040, park and recreation
19.20.040(B)(10)- -(13), 19.28.030(K), commission, 2.40.020, 2.40.030,
19.28.040(B)(3) - -(6), 19.32.030(H) 2.40.040, 2.40.050, 2.40.060(B) and
and (I), 19.32.040(B)(2) - -(5), (G)(3), 2.40.090, disaster council,
19.36.030(G) and (H), 2.48.020, departmental organization,
19.36.040(B)(3) - -(5), 19.40.030(H)[I], 2.52.050, 2.52.060, 2.52.150,
19.40.040(B)(3) - -(5) and 19.44.040(F) 2.52.160, 2.52.220, 2.52.240,
and (H) [E and F]; amends 2.52.260, 2.52.270(A)(2), (A)(6), (B)
§§ 19.16.030(I), 19.28.030(F), and (C), 2.52.290(L), (N) and (R),
19.36.040(B)(2), 19.40.030(F), 2.52.380, 2.52.420, 2.52.430,
19.40.040(B)(2), 19.44.050, 2.52.440, 2.52.450, 2.52.470(A),
19.64.050(C) and 19.100.020, zoning 2.52.480, 2.52.490, personnel code,
(19.08, 19.16, 19.20, 19.28, 19.32, 2.68.070(A) and (B), library
19.36, 19.40, 19.44, 19.64, 19.100) commission, 2.74.040, cable television
1689 Rezone (Special) advisory committee, 2.86.060(A) and
1690 Rezone (Special) 2.86.070, affordable housing
1691 Rezone (Special) committee; repeals §§ 1.04.010(26),
1692 Amends § 11.12.030, speed limits 1.09.170, 2.08.020, 2.08.080(C),
(11.12) 2.08.120, 2.32.080, 2.32.100,
1693 Amends § 16.40.250, fire code 2.36.100, 2.52.100(F), 2.52.190,
(Repealed by 1711) 2.52.200, 2.52.210, 2.52.270(A)(1),
1694 Rezone (Special) (D) and (E), 2.52.390, 2.52.460,
1695 Amends Condition 4 of Application 2.52.470(A)(5), 2.52.500, 2.52.510,
2 -Z -94 relating to tree protection (Not 2.52.520, Ch. 2.56, 2.60.090, Ch.
codified) 2.72, 2.74.080(B) and Ch. 2.76 (1.01,
1696 (Number not used) 1.04, 1.09, 1.12, 1.16, 2.04, 2.08,
1697 Adds §§ 2.04.005, 2.04.025, city 2.12, 2.20, 2.24, 2.28, 2.30, 2.32,
council -- election and meetings (time 2.36, 2.40, 2.48, 2.52, 2.68, 2.74,
and place), and 2.08.105, city council- 2.86)
-rules and conduct of meetings; 1698 Adds intersections to §§ 11.20.020 and
amends Ch. 1.01 footnote and 11.20.030, stop signs (11.20)
§§ 1.01.010, 1.01.030, code adopted, 1699 Adopts Stevens Creek Boulevard
1.04.010(3), general provisions, specific plan (Special)
1.09.030(B), 1.09.090, 1.09.180, title 1700 Ninety -day moratorium on issuance of
of App. A to Ch. 1.09, nuisance licenses or permits for massage
abatement, Ch. 1.12 footnote, establishments and services (Special)
1.12.010(B) and (C), 1.12.020, - 1701 Rezone (Special)
general penalty, 1.16.020(D), appeal 1702 Approves development agreement
of administrative decisions, title of Ch. between city and Hewlett- Packard
2.04, 2.04.020, 2.04.040(A) and Company (Special)
(C)(1), 2.08.080(B), 2.08.090(A), 1703 Repeals and replaces Ch. 6.28, cable
2.08.095(B)(1) and (C), 2.08.100, television franchise regulations
2.12.010, 2.12.020, introduction and (Repealed by 09 -2045)
passage of ordinances, 2.20.010,
2009 S -22
31 Comprehensive Ordinance List
Ord. No. Ord. No.
1704 Adds intersection to § 11.20.030 and repeals §§ 9.06.120, 9.06.130,
deletes intersection from § 11.20.020, 9.06.140 and 9.06.150, massage
stop signs (11.20) establishments and services (9.06)
1705 Adds §§ 5.28.045, 5.28.165 and 1713 Rezone (Special)
5.28.175, taxicabs; amends 1714 Amends Ch. 2.74, Cupertino
§§ 2.80.020(A), fine arts commission, telecommunications commission (2.74)
3.04.040, revenue and finance, 1715 Amends §§ 14.18.020, 14.18.030,
3.08.090, sales and use tax, 14.18.140, 14.18.170, heritage and
3.12.020(G), transient occupancy tax, specimen trees, and 19.48.110B,
5.16.040, 5.16.050, garage and patio zoning (14.18, 19.48 (Repealed by
sales, 5.28.070(F), (G), (H) and (N), Ord. 2073))
5.28.080, 5.28.100, 5.28.110, 1716 Rezone and prezone (Special)
5.28.130(A), 5.28.170, taxicabs, 1717 Rezone (Special)
5.32.020, 5.32.030, 5.32.050, 1718 Amends § 11.24.160, stopping,
5.32.060, 5.32.080, 5.32.110, standing and parking (11.24)
5.32.160, 5.32.190, 5.32.200(C), 1719 (Number not used)
5.32.280(B) and (C), 5.32.300(A) and 1720 Adds subsection M to § 17.16.010 and
(B), bingo, 5.40.010, 5.40.020, E to § 17.32.060; amends
5.40.030 and the title of Ch. 5.40, §§ 17.32.060(C) and (D) and
secondhand dealers and pawnbrokers; 17.32.070(E), signs (17.16, 17.32)
repeals §§ 3.04.050, 3.04.060, 1721 Rezone (Special)
3.04.070, 3.04.080, 3.08.130, 1722 Adds §§ 5.28.070(0), 5.28.100(E),
3.08.140, Ch. 3.09, 3.12.030(B), Ch. 5.28.165(D) and (E); amends
3.16, Ch. 3.20, 3.32.100, 3.34.180, §§ 2.74.010, 2.74.020(A), 2.74.040,
5.04.220, 5.04.520, Ch. 5.08, 2.74.050, 2.74.060, 2.74.070,
5.16.042, Ch. 5.24, 5.32.070, Ch. 2.86.010, 2.86.020, 2.86.030,
5.36, 5.40.040, 5.40.050, 5.40.060 2.86.060, 2.86.070, 2.86.100,
and 5.40.070 (2.80, 3.04, 3.08, 3.12, 2.86.110, 2.86.120, 5.28.070(N),
5.16, 5.28, 5.32, 5.40) 5.28.180 and titles of Chs. 2.74 and
1706 Repeals and replaces Ch. 16.04, 2.86; repeals Chs. 6.04 and 9.16 and
building code adopted (16.04) §§ 2.74.080(B), 3.08.190, 3.08.200,
(16.04.110, 16.04.140, Repealed by 6.08.080, 6.08.090, 6.08.100,
Ord. 2021; 16.04.170, 16.04.180, 6.12.080, 6.12.090, 6.12.100,
Repealed by Ord. 2072) 6.16.060, 6.20.060, 6.24.350,
1707 Repeals and replaces Ch. 16.16, 9.08.120, 9.12.140 and article titles of
electrical code adopted (16.16) Ch. 9.12 (2.74, 2.86, 3.08, 5.28,
1708 Repeals and replaces Ch. 16.20, 9.12)
plumbing code adopted (16.20) 1723 Amends § 3.32.040, construction tax
1709 Repeals and replaces Ch. 16.24, (3.32)
mechanical code adopted (16.24) 1724 Amends § 11.24.150, parking (11.24)
1710 Repeals and replaces Ch. 16.56, 1725 Adds § 19.40.145 and amends the
uniform housing code adopted (16.56) definitions section of Ch. 19.08
1711 Repeals and replaces Ch. 16.40, fire [§ 19.08.030] and §§ 19.40.020,
code (Repealed by 1828) 19.40.050(B) and (F)(1), 19.40.060(C)
1712 Urgency ordinance; adds and (F)[E], 19.40.070(A) and
§§ 9.06.090(B)(7) and (8), 9.06.245 19.40.140, zoning (19.08, 19.40)
and 9.06.275; amends §§ 9.06.010(A), 1726 (Not passed)
9.06.020(E) and (G), 9.06.040, 1727 Amends § 11.24.150, parking (11.24)
9.06.070(2), 9.06.080, 9.06.090(B), 1728 Amends §§ 2.16.010, 2.16.020 and
9.06.110(B), 9.06.160, 9.06.170, 2.16.030, city council salaries (2.16)
9.06.230, 9.06.240 and 9.06.260; and 1729 Amends § 11.24.150, parking (11.24)
2011 S -28
Cupertino - Comprehensive Ordinance List 32
Ord. No. Ord. No.
1730 Amends § 11.20.020, stop signs 1732 Rezone (Special)
(11.20) 1733 Mobile vendor permits (5.48)
1731 Adds §§ 11.27.145, 14.12.035, 1734 Rezone (Special)
14.12.055, 14.12.085, 14.12.090, 1735 Rezone (Special)
14.12.110 and 14.12.120; amends 1736 Amends Ch. 19.108 entirely, wireless
§§ 5.44.060, 5.44.060(F), 10.26.090, communications facilities (19.108)
10.26.100, 10.26.110, 10.26.120(A) 1737 Amends Ch. 19.100 entirely, parking
and (B), 10.26.130, 10.26.150, regulations (19.100)
10.44.030, 10.44.040(A), 1738 Rezone (Special)
10.44.050(A), 10.44.055(A), 1739 Amends § 11.08.260, bicycles (11.08)
10.44.056(A), 10.44.060, 1740 Amends § 11.08.250, bicycles (11.08)
10.44.075(A), 10.44.080, 10.44.090, 1741 Amends § 11.24.150, parking (11.24)
10.44.100, 10.44.120, 10.44.140, 1742 Adds new § 16.04.080, residential
10.44.150(A), (B), (C) and (E), roofing and renumbers §§ 16.04.080 --
10.44.160, 10.46.050, 10.76.020, 16.04.160 to be 16.04.090 -- 16.04.160,
11.08.250, 11.08.260, 11.10.016, building code provisions (16.04)
Table 11.12.030, 11.27.010, (16.04.110, 16.04.140 Repealed by
11.32.090, 14.05.070, 14.12.010, Ord. 2021; 16.04.170 Repealed by
14.12.140 and 19.52.060(C); Ord. 2072)
renumbers Ch. 5.44 as Ch. 19.106; 1743 Amends § 11.24.150, parking (11.24)
renumbers prior §§ 14.12.090, 1744 Not enacted
14.12.110 and 14.12.120 to 1745 Amends § 11.08.250, bicycle lanes
§§ 14.12.095, 14.12.130 and (11.08)
14.12.140; deletes T. 10 division titles 1746 Rezone (Special)
and Ch. 10.48 article titles; repeals 1747 (Not passed)
§§ 3.08.180, 3.08.190, 3.08.200, 1748 Rezone (Special)
3.22.080, 3.23.180, 3.25.100, 1749 Rezone (Special)
3.32.090, 3.24.240, 3.36.210, 1750 Rezone (Special)
5.20.160, 5.28.230, 5.32.340, 1751 (Not enacted)
5.44.080, 6.24.340, 6.28.150, 1752 (Not enacted)
9.06.280, 9.12.134, 9.18.140, 1753 Amends specific plan (Special)
9.20.320, 10.10.040, 10.21.140, 1754 Rezone (Special)
10.24.070, 10.25.100, Ch. 10.26 1755 Adds § 17.04.030; amends
Editor's note, 10.26.160, Ch. 10.28, §§ 17.32.010, 17.32.040 and
§§ 10.44.090(C), 10.44.170, 17.32.090, zoning (17.04, 17.32)
10.46.080, 10.46.090, 10.48.063, 1756 Rezone (Special)
10.56.060, 10.68.040, Chs. 10.70, 1757 Adds Ch. 2.06, city council campaign
10.82 and 11.16, §§ 11.20.040, finance (2.06) (Repealed by Ord.
11.29.060, 11.37.080, Ch. 11.38, 1956)
§§ 14.05.130, 14.05.140, 14.12.040, 1758 Adopts interim measures to protect
Ch. 14.16, §§ 14.18.230(B) and (C), structures from demolition of
14.18.240, 15.20.101, 16.04.160, potentially historic sites (Not codified)
16.08.030, 16.24.050, 16.28.080, 1759 Amends § 11.08.250, bicycle lanes
16.32.090, 17.56.010, 19.40.150, (11.08)
19.81.070, 19.82.080, 19.116.350, 1760 Amends § 11.26.110, parking (11.26)
20.02.030 and 20.04.070, various - 1761 Adopts interim measures to protect
subjects (10.26, 10.44, 10.46, 10.76, structures from demolition of
11.08, 11.10, 11.12, 11.27, 11.32, potentially historic sites (Not codified)
14.05, 14.12, 19.106) 1762 Amends § 11.20.030, stop signs
(11.20)
1763 (Pending)
2010 S -27
33 Comprehensive Ordinance List
Ord. No. Ord. No.
1764 Amends Ord. 1750, rezone (Not D, E, and F and Demand /Capacity
codified) Ratio graph; buildings and construction
1765 Amends § 11.20.020, stop signs regulations (16.08, 16.12 16.16,
(11.20) 16.20, 16.24, 16.28, 16.32, 16.36)
1766 Amends § 11.08.250, bicycle lanes 1778 Adds Ch. 19.134, architectural and
(11.08) site review process (19.134)
1767 Adds §§ 11.08.014, 11.08.015 and 1779 Adds §§ 19.32.090 and 19.60.090,
11.08.270; renumbers § 11.08.270 to architectural and site review (19.32,
be 11.08.280, roller skates and 19.60)
skateboards (11.08) 1780 Designating permit parking on Rose
1768 Rezone (Special) Blossom Drive from McClellan Road
1769 Amends Stevens Creek Boulevard to Lily Avenue (Not codified)
specific plan (Special) 1781 Amends § 11.24.160, parking (11.24)
1770 Prezone (Special) 1782 Prezone (Special)
1771 Prezone (Special) 1783 Prezone (Special)
1772 Rezone (Special) 1784 Amends §§ 19.08.030, 19.28.040,
1773 (Not available) 19.28.060, 19.32.060, 19.40.110,
1774 Rezone (Special) 19.56.040, 19.56.060, 19.56.070,
1775 Adds § 2.04.050, city council term 19.64.050, 19.64.080, 19.76.070,
limits (2.04) 19.80.030, 19.88.030, 19.92.060 and
1776 Amends § 15.32.060; repeals and 19.104.040; repeals Ch. 19.96; zoning
replaces Ch. 15.04, waterworks (19.08, 19.28, 19.32, 19.40, 19.56,
system, rates and charges; repeals and 19.64, 19.76, 18.80, 19.88, 19.92,
replaces Ch. 15.20, sewage disposal 19.104)
systems; repeals Chs. 15.08, 15.12 1785 Prezone (Special)
and 15.30 (15.04, 15.20, 15.32) 1786 Amends specific plan (Special)
1777 Adds §§ 16.08.185, 16.08.290, 1787 Amends Ch. 2.32, planning
16.08.300, 16.16.025, 16.20.110, commission (2.32)
16.20.120, 16.28.065, 16.32.090, 1788 Amends Ch. 16.28, fences (16.28)
16.36.055; amends §§ 16.08.020, 1789 Amends Ch. 17.44, sign exceptions
16.08.080, 16.08.200(A)(1), (17.44)
16.08.250 (B), 16.12.010, 16.12.020, 1790 Amends Ch. 19.132, zoning (19.132)
16.12.040, 16.16.020, 16.16.070, 1791 Amends Ch. 19.134, zoning (19.134)
16.20.080, 16.24.020, 16.24.030, 1792 Amends §§ 2.16.010 -- 2.16.030, city
16.24.060, 16.24.080, 16.28.040(C), council(2.16)
16.28.060(A), 16.32.080, 16.40.070, 1793 Adds Ch. 9.22, property maintenance
16.40.930, 16.40.950(A); amends title (9.22)
of Ch. 16.12; repeals and replaces 1794 Amends §§ 1.09.030(A) and
§§ 16.20.100, 16.32.100; repeals 1.09.060(A) and (B), nuisance
§§ 16.04.040, 16.04.150, 16.08.090, abatement (1.09)
16.08.140(B), 16.08.180(B), 1795 Rezone (Special)
16.08.190 (C), 16.08.250(B)(1 and 2), 1796 Amends §§ 17.32.010, 17.32.040,
16.08.280 (A - -C), 16.20.030, 17.32.090(E) and 17.32.100,
16.20.040, 16.20.090(A)(Part One), temporary signs -- regulations;
16.24.040, 16.36.030(D), renumbers § 17.32.120 to be
16.36.070(D), 16.40.940, - 17.24.270, sign regulations; repeals
16.40.950(D), 16.42.280; repeals Chs. § 17.32.110 (17.24, 17.32)
16.44, 16.48 and 16.60; repeals Ch. 1797 Amends §§ 2.06.100(D) and 2.06.130,
16.44 Appx. A, Ch. 16.52 Article city council -- campaign finance (2.06)
subtitles, Ch. 16.60 Tables A, B, C, (Repealed by Ord. 1956)
2008 S -15
Cupertino - Comprehensive Ordinance List 34
Ord. No. Ord. No.
1798 Proposition for utility users excise tax 1823 Adopts Ch. 5 of the 1977 Uniform
and annexation (Special) Code for Building Conservation
1799 Amends § 19.28.060, zoning (19.28) (16.60)
1800 Prezone (Special) 1824 Amends §§ 16.04.010 and 16.04.110
1801 Amends § 5.04.460, (5.04) and repeals §§ 16.04.070, 16.04.090,
1802 Adds § 16.28.045; amends 16.04.100 and 16.04.120, building
§ 16.28.060, (16.28) code (16.04) (16.04.110 Repealed by
1803 Rezone (Special) Ord. 2021)
1804 Rezone (Special) 1825 Amends § 16.16.010 and repeals
1805 Rezone (Special) § 16.16.060, electrical code (16.16)
1806 Amends § 11.24.150, parking (11.24) 1826 Amends §§ 16.20.010, 16.20.020 and
1807 Amends § 2.08.096, city council 16.20.090 and repeals
(2.08) §§ 16.20.050 -- 16.20.070, plumbing
1808 Adds §§ 19.28.080 -- 19.28.110, code (16.20)
amends §§ 19.28.040(A)(1), 1827 Amends §§ 16.24.010 -- 16.24.030,
19.28.060(A), (B), (C), (D) and (E), mechanical code (16.24)
renumbers § 19.28.080 to 19.28.110 1828 Repeals and replaces Ch. 16.40, fire
and § 19.28.090 to § 19.28.120 and code (16.40)
repeals §§ 19.28.060(F)(3) and 1829 Amends § 16.56.010, housing code
19.28.070(A) and (B), zoning (19.28) (16.56)
1809 Amends § 19.08.030, zoning (19.08) 1830 Amends §§ 10.21.010 -- 10.21.120,
1810 Amends §§ 14.18:020, 14.18.060 and newsracks (10.21)
14.18.230, heritage and specimen trees 1831 Amends §§ 19.80.030(B)(1)(j) and
(14.18) 19.80.040, accesssory
1811 Amends § 19.80.030, 19.80.040 and buildings /structures (19.80)
19.84.030, zoning (19.80, 19.84) 1832 Amends Ch. 2.16, city council --
1812 Amends § 19.124.100, zoning (19.124 salaries (2.16)
(Repealed by Ord. 2073)) 1833 Amends § 16.28.045, electronic
1813 Prezone (Special) security gates (16.28)
1814 Interim zoning regulations (Special) 1834 Amends Ch. 19.28, zoning (19.28)
1815 Amends §§ 19.56.030 and 19.56.040, 1835 Amends §§ 14.18.020, 14.18.140 and
zoning (19.56) 14.18.170, heritage and specimen trees
1816 Extends Ord. 1814, interim zoning (14.18)
regulations (Special) 1836 Amends § 11.24.150, parking (11.24)
1817 Adds Ch. 2.90, residential design 1837 Amends § 11.34.010, traffic (11.34)
review committee (2.90) 1838 Amends § 11.34.020, traffic (11.34)
1818 Amends Ch. 2.06, city council -- 1839 Amends § 11.34.030, traffic (11.34)
campaign finance (2.06) (Repealed by 1840 Amends §§ 11.24.150, 11.24.160 and
Ord. 1956) 11.24.180, traffic (11.24)
1819 Prezone (Special) Res. 99 -154 Designating permit parking on
1820 Prezone (Special) Shattuck Drive. (§ 11.27)
1821 Prezone (Special) 1841 Amends § 11.20.020, traffic (11.20)
1822 Amends §§ 2.04.010, 5.28.070(N), 1842 Rezone (Special)
5.28.165(E), 10.52.060, 1843 Amends contract with California
16.28.060(C), 16.52.041(B)(1), Public Employees' Retirement System
16.52.051, 16.52.052, - (Special)
16.52.053(B)(4)(a) and 1844 Adds §§ 19.36.080, 19.48.080 and
19.20.040(A)(1) and repeals 19.134.020; amends Chs. 2.32, 2.90,
§§ 3.12.040 and 5.04.280(C), (2.04, 16.28, 17.44, 19.28, 19.32, 19.36,
5.28, 10.52, 16.28, 16.52, 19.20) 19.48 (Repealed by Ord. 2073), 19.56,
19.60, 19.64, 19.80,
2011 S -28
35 Comprehensive Ordinance List
Ord. No. Ord. No.
19.132 and 19.134, design review 1868 Amends Ch. 19.28, zoning (19.28)
committee (2.32, 2.90, 16.28, 17.44, 1869 Adds § 3.25.100, transfer of surplus
19.28, 19.32, 19.36, 19.48 (Repealed supplies and equipment (3.25)
by Ord. 2073), 19.56, 19.60, 19.64, 1870 Amends § 11.08.250, bicycle lanes
19.80, 19.132, 19.134) designated (11.08)
1845 Prezone (Special) 1871 Amends entirety of Ch. 10.48,
1846 Amends contract with California community noise control (10.48)
Public Employees' Retirement System 1872 Amends § 11.08.260, bicycle routes
(Special) designated (11.08)
1847 Repeals and replaces § 11.34.030, 1873 Amends § 11.08.250, bicycle lanes
warrants for the installation and designated (11.08)
maintenance of road bumps (11.34) 1874 Amends §§ 2.88.010 and 2.88.020,
1848 Amends § 11.08.250, bicycle lanes audit committee (2.88)
(11.08) 1875 Amends entirety of Ch. 9.06, massage
1849 Prezone (Special) establishments and services (9.06)
1850 Adopts redevelopment plan for 1876 Amends § 11.20.020, vehicular stop
Cupertino Vallco redevelopment required at certain intersections
project (Not codified) (11.20)
1851 Amends § 11.24.150, traffic (11.24) 1877 Amends Ch. 2.06, campaign finance
1852 Rezone (Special) (2.06) (Repealed by Ord. 1956)
1853 Adds § 18.24.115; amends 1878 Prezone (Special)
§ 14.05.010, park maintenance and 1879 Prezone (Special)
dedication fees (14.05, 18.24) 1880 Rezone (Special)
1854 Adds Ch. 10.80, solicitation 1881 Amends Ch. 2.16, city council
prohibitions on designated public compensation (2.16)
rights -of -way (10.80) 1882 Amends § 11.24.170, parking
1855 Amends § 11.20.030B, all directional limitations (11.24)
vehicular stops required at certain 1883 Not used
intersections (11.20) 1884 Amends § 11.24.170, parking (11.24)
1856 Amends § 11.08.250, bicycle lanes 1885 Amends Ch. 2.06, campaign finance
designated (11.08) (2.06) (Repealed by Ord. 1956)
1857 Amends §§ 11.24.150 and 11.24.170, 1886 Adds §§ 5.32.360, 8.01.170,
parking restrictions (11.24) 8.03.035, 8.03.130, 8.05.100,
1858 (Not passed) 8.06.040, 8.09.040 and 16.40.400;
1859 Amends § 11.24.150, parking amends Ch. 11.32 footnote, Ch. 19.48
restrictions (11.24) and §§ 1.12.010, 5.04.280 - 5.04.450,
1860 Amends Ch. 19.28, single - family 5.32.160, 8.01.030, 8.03.010,
residential zones (19.28) 8.03.030, 8.07.100, 8.11.140,
1861 Rezone (Special) 10.24.080, 10.48.070, 10.60.090,
1862 Amends § 11.24.160, stopping, 11.08.280, 13.04.130(A),
standing and parking -- public streets 13.04.180(B), 14.12.140, 14.18.020,
(11.24) 16.04.160, 16.16.070, 16.20.100,
1863 Amends §§ 19.08.030, definitions, and 16.32.080, 16.52.060, 17.32.060,
19.28.060, single - family residential 19.28.050, 19.28.070(A), 19.52.020,
(R -1) homes (19.08, 19.28) 19.52.060(B), 19.80.030(B)(1)(j),
1864 Amends § 11.08.260, bicycles (11.08) 19.80.040 and 19.100.050(C);
1865 (Number not used) renumbers §§ 10.48.012 to be
1866 Prezone (Special) 10.48.070 and 16.52.016 to be
1867 Authorizes amendment to California 16.52.060; repeals Ch. 10.25,
public employees' retirement system §§ 1.09.080, 5.32.160, 8.03.040(D),
contract (Special)
2011 S -28
Cupertino - Comprehensive Ordinance List 36
Ord. No. 1908 Amends Title 16, Mechanical Code
19.28.050(D) and 19.84.050, various 1909 Amends Title 16, Plumbing Code
provisions (1.12, 5.04, 5.32, 8.01, 1910 Amends Title 16, Electrical Code
8.03, 8.05, 8.06, 8.07, 8.09, 8.11, (Repealed by Ord. 2017)
10.24, 10.48, 10.60, 11.08, 11.32, 1911 Repeals old Fire Code provisions in
13.04, 14.12, 14.18, 16.04, 16.16, Title 16
16.20, 16.32, 16.40, 16.52, 17.32, 1912 Amends Title 2, Disaster Council
19.28, 19.48 (Repealed by Ord. 2073), 1913 Amends Title 2, Audit Committee
19.52, 19.80, 19.100) 1914 Amends Title 11, parking
1887 Not used 1916 Amends Title 11, skateboarding and
1888 Adds § 3.34.230; amends Ch. 3.34; rollerskating
renumbers §§ 3.34.190 -- 3.34.230 to 1917 Amends Title 9, massage and
be 3.34.180 -- 3.34.220, utility users occupational therapists
excise tax (3.34) 1918 Amends Title 10, graffiti
1889 Rezone (Special) 1919 Rezones certain land (Not codified)
1890 Rezone (Special) 1920 Rezones certain land (Not codified)
1891 Amends §§ 19.08.030 and 19.80.030, 1921 Amends §§ 10.48.040, 10.48.051,
zoning (19.08, 19.80) restriction of landscape maintenance
1892 Amends Ch. 2.86, housing committee activities (10.48)
(2.86) 1922 Amends Ch. 9.18, stormwater
1893 Amends Ch. 3.25, sale of surplus pollution prevention and watershed
supplies and equipment; repeals protection (9.18)
§ 3.25.100 (3.25) 1923 Amends § 9.08.080, notice of report
1894 Amends Ch. 19.08, definitions (19.08) (9.08)
1895 Adds Ch. 2.92, Bicycle Pedestrian 1924 Rezones certain land (Not codified)
Commission (2.92) 1925 Amends § 14.04.040, street
1896 Adds § 11.34.040, roadway design improvement requirements, and
features, (11.34) § 18.32.030, subdivision frontage
1897 Amends §§ 3.22.020, improvements (14.04, 18.32)
3.22.060 -- 3.22.070, 1926 Amends Ch. 17.32, temporary signs
3.23.020 -- 3.23.050, 3.23.100 and (17.32)
3.23.130, revenue and finance (3.22, 1927 Rezones certain land; adds
3.23) § 19.28.105 (19.28); rescinds Ord.
1898 Amends § 11.08.270, roller skates and 1902
skateboards (11.08) 1928 Rezones certain land (Not codified)
1899 Rezone (Special) 1929 Rezones certain land (Not codified)
1900 Repeals and replaces § 3.23.160, 1930 Amends § 11.24.170, parking (11.24)
public works contract and bidding 1933 Rezones certain land (Not codified)
procedures (3.23) 1934 Amends § 2.80.010, Fine Arts
1901 Amends Title 19, zoning of dwelling Commission established (2.80)
units 1936 Amends development agreement
1902 Adoption of interim procedures to between city and Vallco International
rezone 19 acres of land (Not codified) Shopping Center, LLC (Not codified)
(rescinded by Ord. 1927) 1940 Amends Ch. 19.100, parking
1903 Amends a contract between the city regulations; repeals Ch 11.29, on -site
and the state's PERS (Not codified) parking (11.29, 19.100)
1904 Amends Title 10, curfew 1941 Amends § 2.04.010, City Council -
1905 Amends Title 16, flood damage regular meetings (2.04)
1906 Home maintenance activities, Title 16 1942 Amends § 2.32.050, Planning
1907 Amends Title 16, adoption of building Commission meetings (2.32)
codes (16.04.170 - 16.04.220, 1943 Amends § 13.04.130, behavior of
16.04.240 - 16.04.330 Repealed by persons in parks (13.04)
Ord. 2021; 16.04.230 Repealed by
Ord. 2072)
2011 S -28
39 Comprehensive Ordinance List
Ord. No. Ord. No.
09 -2045 Repeals and replaces Chapter 6.28, 2059 Rezoning certain land (Not codified)
cable and video services (6.28) 2060 Not Adopted
2046 Amends entirety of Chapter 9.06, 2062 Amending Chapter 2.86 regarding the
massage establishments and services Housing Commission (2.86)
(9.06) 2063 Amending 11.08.250 relating to
2048 Adding Ch. 1.10 regarding designated bicycle lanes (11.08)
Administrative citations, fines, and 2064 Amending 11.08.260 relating to
penalties (1.10) designated bicycle routes (11.08)
2049 Amending 14.04.040 regarding street 2067 Amending 11.20.020 regarding
improvement requirements (14.04) vehicular stops at certain intersections
2050 Amending Sign regulations (17.04, (11.20)
17.08, 17.12, 17.16, 17.20, 17.24, 2069 Amending Chapter 6.24 regarding
17.32, 17.44, 17.52, App. A -1 - A -8) garbage and recycling collection and
2051 Rezones certain land (Not codified) disposal (6.24)
2052 Rezones certain land (Not codified) 2070 Amending Chapter 16.72 to add
2053 Adding Ch. 3.35 regarding recycling to provisions (16.72)
telecommunication users' tax (3.35) 2071 Not adopted
2054 Adding 1.18.040 regarding exhaustion 2072 Amending Chapters 16.04, 16.12,
of administrative remedies 16.16, 16.20, 16.24, 16.40, adding
2055 Amending the Heart of the City Chapters 16.06, 16.54, 16.58, 16.80
Specific Plan (Not codified) regarding various building and
2056 Amending 2.08.095, 2.48.020, construction codes (16.04, 16.06,
9.20.030, 14.04.010, 14.04.040, 16.16, 16.20, 16.24, 16.40, 16.54,
14.04.110, 14.04.130, 14.04.160, 16.58, 16.80)
14.04.175, 14.04.240, 14.05.010, 2073 Repealing and replacing 19.48.010 -
14.05.040, 14.05.070, 14.05.090, 19.48.050, 19.72.040, 19.124.010 -
14.18.020, 14.24.070, 16.04.050, 19.124.150, 20.04.040 (19.48, 19.72,
16.32.040, 18.28.050, 19.08.030, 19.124, 20.04)
19.16.020, 19.16.030, 19.20.020, 2074 Amending 19.08.010 - 19.08.030, and
19.20.030, 19.24.020, 19.28.030, 19.100.030 - 19.100.040 (19.08,
19.28.110, 19.28.130, 19.32.020, 19.100)
19.32.030, 19.36.020, 19.36.030, 2075 Not adopted
19.36.050, 19.36.080, 19.40.030,
19.40.140, 19.44.040, 19.50.010 -
19.50.060, 19.56.060, 19.56.070,
19.64.040, 19.64.070, 19.64.090,
19.82.060, 19.100.040, 19.100.060,
19.116.120, 19.116.310, 19.118.020,
19.124.010 - 19.124.030, 19.124.070,
19.124.090 - 19.124.130, 19.134.030,
19.134.090 regarding the housing
element of the General Plan (2.08,
2.48, 9.20, 14.04, 14.05, 14.18,
14.24, 16.04, 16.32, 18.28, 19.08,
19.16, 19.20, 19.24, 19.28, 19.32,
19.36, 19.40, 19.44, 19.50, 19.56,
19.64, 19.82, 19.100, 19.116, 19.118,
19.124 (Repealed by Ord. 2073),
19.134)
2057 Rezoning certain land (Not codified)
2058 Repealing and replacing Ch. 14.15
regarding the Landscaping Ordinance
(14.15)
2011 S -28
37 Index
Administrative and professional office zone filing procedures 19.136.020
See OA zone generally 19.136.010, 19.136.060
Administrative office hearing, notification 19.136.030
OA zone 19.76.030 Appliance rental, sales
Adoption of provisions 19.04.010 ML zone 19.60.030
Adult oriented commercial activities Arboretum
applicability of provisions 19.104.020 A -1 zone 19.20.030
purpose 19.104.010 A zone 19.16.030
regulations Archery practice range
concentration of activities 19.104.030 FP zone 19.72.040
proximity to residential, public, quasi- Architectural, site review
public uses 19.104.040 appeals generally 19.134.070
Agricultural- residential zone application
See A -1 zone consideration notice 19.134.060
Agricultural uses director actions 19.134.050
PR zone 19.68.030 findings, conditions required for approval
Agricultural zone 19.134.090
See A zone limitations designated 19.134.080
Airport requirements 19.134.040
T zone 19.64.060 design review committee authority
Air sports field 19.134.020
FP zone 19.72.040 extensions of approval 19.134.100
Amendment ML zones 19.60.090
boundary changes planning commission authority, duties
action by director 19.120.050 19.134.030
action by planning commission purpose of provisions 19.134.010
19.120.070 R -2 zones 19.32.090
application by city 19.120.040 R -3 zones 19.36.080
application by owner 19.120.030 reports required 19.134.110
generally 19.04.080, 19.120.020 revocations of approval 19.134.100
hearing, notice 19.120.060 Assembly
generally 19.120.010 ML zone 19.60.030
Amusement park Athletic field
FP zone 19.72.040 FP zone 19.72.040
Animal Auction house
breeding ML zone 19.60.030
A -1 zone 19.20.030, 19.20.040 Automobile rental
A zone 19.16.030 ML zone 19.60.030
clinic, hospital Automobile sales
ML zone 19.60.030 ML zone 19.60.030
keeping Automobile service station
A -1 zone 19.20.030 ML zone 19.60.040
A zone 19.16.030 Automobile washing facility
RHS zone 19.40.030, 19.40.040 ML zone 19.60.040
RIC zone 19,44.040 A zone
Antenna applicability of provisions 19.16.020
See Wireless communications facilities conditional uses 19.16.040
Apiary designated 19.12.010
A -1 zone 19.20.040 interpretation of provisions 19.16.090
A zone 19.16.030 permitted uses 19.16.030
Appeal purpose 19.16.010
action site development regulations 19.16.060
city council 19.136.050 solar designs 19.16.090
planning commission 19.136.040 yard regulations 19.16.070
architectural, site review decisions Bank
19.134.070 CG zone 19.56.030
2011 S -28
Cupertino - Index 38
Barn CG zone
A -1 zone 19.20.030 applicability of provisions 19.56.020
A zone 19.16.030 conditional uses 19.56.040
BA zone designated 19.12.010
applicability of provisions 19.64.020 new development, permit
designated 19.12.010 requirements 19.56.060
development plan required 19.64.070 permitted uses 19.56.030
permitted uses 19.64.030 prohibited uses 19.56.050
purpose 19.64.010 purpose 19.56.010
site development regulations 19.64.090 site development regulations 19.56.070
Beverage container redemption, recycling center Changes
See Recycling center action 19.120.100
Bicycle motocross procedure 19.120.080
FP zone 19.72.040 review 19.120.090
Billiards Child day care facility
FP zone 19.72.040 BQ zone 19.64.050
Boat rental R -3 zone 19.36.040
ML zone 19.60.030 Civic organization
Boat sales BQ zone 19.64.050
ML zone 19.60.030 Club
Boneyard BQ zone 19.64.050
A zone 19.16.050 CG zone 19.56.030
Botanical conservatory Coal sales
A -1 zone 19.20.030 ML zone 19.60.030
A zone 19.16.030 Columbarium
Bowling A -1 zone 19.20.040
FP zone 19.72.040 A zone 19.16.040
BQ zone Communication structures
applicability of provisions 19.64.020 A -1 zone 19.20.040
conditional uses 19.64.050 A zone 19.16.040
designated 19.12.010 Compliance with provisions required 19.04.030
development plan required 19.64.070 Conditional use permit, variance, planned
permitted uses 19.64.040 development permits
purpose 19.64.010 action
site development regulations 19.64.090 City Council 19.124.080
Building materials sales Director 19.124.040
ML zone 19.60.030 Planning Commission 19.124.070
Bus station, terminal application
T zone 19.64.060 conditional use permit or
Business office variance 19.124.030
CG zone 19.56.030 planned development permit 19.124.020
Business service authority of the Director of Community
CG zone 19.56.030 Development 19.124.010
Cabinet shop change of use 19.124.140
ML zone 19.60.030 concurrent applications 19.124.150
Carpenter shop decision after hearing 19.124.060
ML zone 19.60.030 effective date 19.124.110
Caterer expansion of uses 19.124.130
ML zone 19.60.040 expiration, 19.124.120
Cattle farm extension 19.124.120
A zone 19.16.050 findings and conditions
Cemetery planned development and
A -1 zone 19.20.040 conditional use permit 19.124.090
A zone 19.16.040 variances 19.124.100
2011 S -28
39 Index
notice of public hearing 19.124.050 BQ zone 19.64.050
reports R -1 zone 19.28.030, 19.28.040
new development R -2 zone 19.32.030, 19.32.040
CG zone 19.56.060 R -3 zone 19.36.040
OA zone 19.76.070 RHS zone 19.40.030, 19.40.040
revocation 19.124.110 RIC zone 19.44.050
Conditional uses Day care home, small family
A -1 zone 19.20.030 A zone 19.16.030
A zone 19.16.040 R -1 zone 19.28.040
BQ zone 19.64.050 R -2 zone 19.32.030
CG zone 19.56.040 R -3 zone 19.36.030
expansion 19.124.120 RHS zone 19.40.030
FP zone 19.72.040 RIC zone 19.44.040
ML zone 19.60.040 Deck, second story
OA zone 19.76.040 See Accessory building, structure
OS zone 19.24.040 Definitions
R. -1 zone 19.28.040 applicability, purpose of provisions 19.08.010
R -2 zone 19.32.040 construction of provisions 19.08.020
R -3 zone 19.36.040 designated 19.08.030
RHS zone 19.40.040 Delivery service
RIC zone 19.44.050 ML zone 19.60.030
Conflict of provisions 19.04.040 Density bonus
Congregate residence applicability of provisions 19.52.030
A -1 zone 19.20.030, 19.20.040 application 19.52.070
A zone 19.16.030, 19.16.040 concessions 19.52.040
BQ zone 19.64.050 definitions 19.52.020
R -1 zone 19.28.030, 19.28.040 purpose 19.52.010
R -2 zone 19.32.030, 19.32.040 requirements
R -3 zone 19.36.030, 19.36.040 affordable housing units 19.52.060
RHS zone 19.40.030, 19.40.040 generally 19.52.050
RIC zone 19.44.040, 19.44.050 Development agreement
Conversion, apartment to community housing application
applicability of provisions 19.88.020 fees 19.116.060
application form, contents 19.116.050
procedures 19.88.060 qualification required 19.116.070
requirements 19.88.050 review 19.116.090
parking 19.88.040 authority of provisions 19.116.030
purpose 19.88.010 cancellation
regulations generally 19.88.030 city 19.116.280
Crematory mutual consent 19.116.260
A -1 zone 19.20.040 rights 19.116.290
A zone 19.16.040 certificate of compliance
Crops appeal 19.116.250
A -1 zone 19.20.030 issuance 19.116.230
A zone 19.16.030 construction of provisions 19.116.330
RHS zone 19.40.040 contents 19.116.100
Dairy processing definitions 19.116.040
A -1 zone 19.20.040 effect 19.116.320
A zone 19.16.030 execution, recordation 19.116.340
Dancehall findings of fact, intent of provisions 19.116.010
FP zone 19.72.040 form 19.116.080
Dance instruction hearing
FP zone 19.72.040 generally 19.116.200
Day care home, large family irregularity in proceeding 19.116.210
A -1 zone 19.20.030, 19.20.040
2011 S -28
Cupertino - Index 40
hearing, city council FP zone
approval 19.116.150 applicability of provisions 19.72.020
consistency of agreement with city conditional uses 19.72.040
plans required 19.116.160 designated 19.12.010
generally 19.116.140 development plan required 19.72.050
hearing, planning commission interpretation of provisions 19.72.090
recommendation 19.116.130 performance standards 19.72.080
required 19.116.110 prohibited uses 19.72.070
review standard 19.116.120 purpose 19.72.010
judicial review 19.116.360 subsidiary uses 19.72.060
noncompliance 19.116.240 zoning designations 19.72.030
notice Fraternal organization
failure to receive notice 19.116.190 CG zone 19.56.030
generally 19.116.170 Freeway
purpose 19.116.020 T zone 19.64.060
review Fruit sale
generally 19.116.220 A -1 zone 19.20.040
reference 19.116.260 A zone 19.16.040
rules 19.116.300 Fuel pump
separate procedure 19.116.310 ML zone 19.60.040
time, means 19.116.180 Fur farm
Districts A -1 zone 19.20.050
applicability of provisions 19.12.060 Furniture sales, used
designated 19.12.010 ML zone 19.60.030
reference 19.12.020 Gallery
Dry cleaning FP zone 19.72.040
ML zone 19.60.030 Garden
Duplicating service OS zone 19.24.030
ML zone 19.60.030 R -3 zone 19.36.030
Entertainment establishment General commercial zone
ML zone 19.60.040 See CG zone
Entitlement applications, combining 19.04.090 General office
Equestrian center CG zone 19.56.030
FP zone 19.72.040 Go -cart track
Expressway FP zone 19.72.040
T zone 19.64.060 Golf course
Farm worker residence BQ zone 19.64.050
A -1 zone 19.20.030 FP zone 19.72.040
A zone 19.16.030 Gravel pit
Feed A -1 zone 19.20.040
sale A zone 19.16.040
A zone 19.16.050 Greenhouse
ML zone 19.60.030 A -1 zone 19.20.040
yard A zone 19.16.030
A zone 19.16.050 ML zone 19.60.030
Fertilizer yard Helicopter terminal
A zone 19.16.050 T zone 19.64.060
Financial institution Hog farm
CG zone 19.56.030 A zone 19.16.050
Firearm practice range Homeless shelter, rotating
FP zone 19.72.040 BQ zone 19.64.040
Food store, specialty Home occupations
CG zone 19.56.030 A -1 zone 19.20.030, 19.20.040
A zone 19.16.030
2011 S -28
41 Index
generally 19.92.050 Martial arts
nonconforming uses 19.92.070 FP zone 19.72.040
prohibited uses 19.92.060 Mausoleum
purpose 19.92.010 A -1 zone 19.20.040
R -1 zone 19.28.030, 19.28.040 A zone 19.16.040
R -2 zone 19.32.030, 19.32.040 Messenger service
R -3 zone 19.36.030, 19.36.040 ML zone 19.60.030
requirements generally 19.92.020 Mine
RHS zone 19.40.030, 19.40.040 A -1 zone 19.20.040
RIC zone 19.44.040 A zone 19.16.040
standards Minor change
designated 19.92.030 applicability of provisions 19.132.030
interpretation of standards 19.92.040 application diversion to administrative approval
Horticulture approval 19.132.060
R -1 zone 19.28.030 generally 19.132.040
R -3 zone 19.36.030 time period suspension 19.132.050
RHS zone 19.40.040 definitions 19.132.020
Hospital purpose of provisions 19.132.010
BQ zone 19.64.050 reports 19.132.070
Ice sales ML zone
ML zone 19.60.030 applicability of provisions 19.60.020
Industrial zone, light architectural, site review 19.60.090
See ML zone conditional uses 19.60.040
Insurance agency designated 19.12.010
CG zone 19.56.030 emission restrictions 19.60.060
Janitoral service parking, loading 19.60.080
ML zone 19.60.030 permitted uses 19.60.030
Kennel prohibited uses 19.60.050
A -1 zone 19.20.040 purpose 19.60.010
A zone 19.16.030 site development regulations 19.60.070
Laboratory Motion picture studio
ML zone 19.60.030 ML zone 19.60.030
Lake Multiple - family residential dwelling
OS zone 19.24.040 R -3 zone 19.36.030
Landscaping garden Multiple - family zone
A -1 zone 19.20.040 See R -3 zone
A zone 19.16.030 Museum
Laundry FP zone 19.72.040
CG zone 19.56.030 Noncomplying facility
Lodge See also Nonconforming use
CG zone 19.56.030 appeal 19.112.120
Lot regulations applicability of provisions 19.112.010
A zone 19.16.060 enlargement prohibited 19.112.060
R -2 zone 19.32.060 maintenance, repair 19.112.070
Lumberyard proceedings 19.112.110
ML zone 19.60.030 record 19.112.100
Machinery rental, sales replacement 19.112.080
ML zone 19.60.030 value determination 19.112.090
Manufacturing Nonconforming use
ML zone 19.60.030 See also Noncomplying facility
Map appeal 19.112.120
areas not shown 19.12.040 applicability of provisions 19.112.010
district boundaries 19.12.030 change to other than conforming use
use, interpretation 19.12.050 prohibited 19.112.030
2011 S -28
Cupertino - Index 42
expansion prohibited 19.112.020 Park and recreation zone
maintenance, repair 19.112.040 See PR zone
proceedings 19.112.110 Parking
record 19.112.100 See also Off - street parking
replacement 19.112.050 applicability of provisions 19.100.020
value determination 19.112.090 exceptions, generally 19.100.050
Nuisance 19.04.050 nonresidential zones regulations 19.100.030
Nursery purpose of provisions 19.100.010
A -1 zone 19.20.040 regulations generally 19.100.040
A zone 19.16.030 residential zones regulations 19.100.030
ML zone 19.60.030 shared parking regulations 19.100.040
O -A zone Parking, parking garage
applicability of provisions 19.76.020 ML zone 19.60.030
conditional uses 19.76.040 Permitted uses
designated 19.12.010 A -1 zone 19.20.030
new development, conditional use permit A zone 19.16.030
requirements 19.76.070 BA zone 19.64.030
permitted uses 19.76.030 BQ zone 19.64.040
purpose 19.76.010 CG zone 19.56.030
site development regulations 19.76.050 ML zone 19.60.030
Off - street parking OA zone 19.76.030
See also Parking OS zone 19.24.030
applicability of provisions 19.100.020 PR zone 19.68.030
exceptions, generally 19.100.060 R -1 zone 19.28.030
parking lot lighting 19.100.050 R -2 zone 19.32.030
purpose of provisions 19.100.010 R -3 zone 19.36.030
regulations 19.100.040 RHS zone 19.40.030
Open space zone RIC zone 19.44.040
See OS zone T zone 19.64.060
Orchard Personal services
A -1 zone 19.20.030 CG zone 19.56.030
A zone 19.16.030 Pets
OS zone R -2 zone 19.32.030
applicability of provisions 19.24.020 R -3 zone 19.36.030
conditional uses 19.24.040 Photography studio
permitted uses 19.24.030 CG zone 19.56.030
purpose 19.24.010 Picnic area
Outdoor activity center BQ zone 19.64.050
FP zone 19.72.040 FP zone 19.72.040
P zone Planned development permit
applicability of provisions 19.48.020 Application 19.124.020
establishment, permitted, conditional uses Expansion 19.124.120
19.48.030 Findings and conditions 19.124.080
planned development permit 19.48.050 Planned development zone
purpose 19.48.010 See PD zone
zoning and prezoning 19.48.040 Playground
Packing, crating establishment PR zone 19.68.030
ML zone 19.60.030 OS zone 19.24.040
Park Pond
PR zone 19.68.030 OS zone 19.24.040
Pool
OS zone 19.24.040
2011 S -28