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Ordinance 1345~~ ORDINANCE NO. 1345 AN ORDICIANCE OF THE CII'Y CG~HVCII, OF THE CITY OF CUPERTINO AMENDING ORDINANCE NtS~SBER 276 DEFII~JG AND REGULATICiG THE PARKING AND KEEPING OF VEHICLES IN THE RESIDENTIAL AND NON-RESIDENTIAL ZONES. THE CLTY COUNCII, OF THE CPPY OF CUPERTINO DOES ORDAIN AS FOLIAWS: SECTION 1: REPEALING CL•P_rTSF Section 1.1: Ordinance No. 276 of the City of Cupertino, California, and all other ordinances heretofore enacted in conflict with this Ordinance No. 1345 are hereby repealed to the extent that they vary from the provisions of this Ordinance. SECTION 2: PURPOSE Section 2.1: The purpose of this Ordinance is to regulate the parking o! vehicles whic3i are unsightly, over-sized, or which are detrimental to the property values or the peace and enjoyment of neighboring property owners or residents. SECTION 3: APPLICATION Section 3.1: No vehicle may be parked, stored, or kept on any parcel of land within the City of Cupertino otherwise than in conformance with the following provisions. S Section 4.1: Mobile Home• A vehicle, other than a motor vehicle, designed or used as semi-permanent housing for human habitation, far carrying persons and property on its own structure and far being drawn by a motor vehicle, including a trailer coach. Section 4.2: Mobile Home Park•Any area or tract of land where lots are sold, rented, or held out for rent to one or more owners ar uses of mobile homes, excluding travel trailers, for the purpose of permanent or semi-permanent housing. Section 4.3: Park: To stand ar leave standing any vehicle, whether occupied ar not, otherwise than temporarily Por the purpose o! and while actually engaged in the loading or unloading of passengers or materials. 1 Section 4.4: Public Streets: All streets, highways, lanes, places, avenues and portions thereof, including extensions in length and width, which have been dedicated by the owners thereof to public use, aoquit~ed Par public use, or in which a public easement exists. Section 4.5: Vehicles: Any boat, bus, trailer, manor home, van, camper (whether ar not attached to a pickup or other vehicle), camp trailer, mobile home, motorcycle, automobile, truck, pickup, airplane, haul trailer, truck tractor, truck trailer, or utility trailer, 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. SEGTZON 5: REGULATIONS Section 5.1• VehiCleB PermittaA in RE!aiAnntial ~..-...- 1. Front or Street Side Setback Area Vehicles era permitted to be placed, kept, or parked in a front ar street side yard setback area or within 12 ft. o! a public right-ol-way in a rear yard area, subject to the following restrictions: A. A maximum of four vehicles are permitted on a lot in a residential zone requiring a lot size of 10,000 sq. i't. or less. A maximum of 6 vehicles era permitted in all other residential zones, unless a greater number is approved by the City in oopjuncticn with a development plan. For purposes of ocurttinq vehicles, a camper mounted an n pick-up truck is oonsirlered one vehicle and other similarly vextically stacked components which belong together shall be counted as a single vehicle. Horizontal groupings shall be counted as two vehicles. 8. Any open vehicle captaining trash or debri is not permitted. C. No paxtiap ~ any vehicle may overhang any public right-of-way. B. All vehicles must be parked on an impervious surface consisting of concrete, asphalt, or other like materials. said impervious surfaces may not exceed 50~ of the front setback area, unless a greater area is approved by the City in oopjunction with a development plan. 2 E. All vehicles must be currently registered, where registration is required for legal operation, and in good operating condition. 2. Area Outside oP Front or Street Side Setba ~ nrpw Vehicles are permitted to be placed, kept, or parked in ~Y Yard area, excluding those yardareas regulated by Section 5.1.1, provided a 3 ft. minimum clearance is .maintained to any structures. 3. Parkins Within sty, urea Vehicles are permitted to ba placed, kept, or parked in any legal structure, provided that no more than one required enclosed parking space is occupied by a vehicle not capable of being propelled under its own power. 4. Non Self-Propelled Vehicles A maximum of two vehicles not capable of being pmpalled under their own power are permitted to be p]aoed, kept, or parked outside of a legal structure. 5. Livina or Sleecina ouartars No vehicle shall be used for living or sleeping quarters, except as permitted below: - Vehicles located in a mobile home park and used consistent with any City regulations applicable to .mobile home parks. - Trailers, campers, or recreational vehicles may be used by a bane fide guest as a City resident !or a paricd not to exceed 72 hours where the trailer, camper, or recrsaticnal vehicle is located on said resident's property. 6. Mobile Homes Mobile homes, excluding travel trailers, are not permitted within the residential zones of the City, except in a mobi]a home park or as provided by State law. Section 5.2: Vehicles Permitted in Non-Resid en ~Ai 7.nnoa• 1. P~rkirur Must be Consistent With Allowed Uses in 2nnn Tt shall be unlawful for any person to place, keep or maintain or permit to be p]aoed, kept or maintained any vehicle upon any let, piece or parcel of land within the non-residential zones of the City, except for storage, sale, or business use as permitted in such zones. 3 • 2. Construction Trailers Trailers may be used for temporary offices on cnnstructi,on projects. A permit shall be issued by the C~•Y 4 ~Part~ent aster satisfactory information has been given that the use is in compliance with the conditions oP this Ordinance. Section 5 3• Loadina and unlnwr9ing and Uti7i*v vehicles Provisions of this Ozdinanca shall not apply to active loading or unloading a~1 any vehirla, ar to any public service ar utility company vehicle while in the performance o! service or maintenance work. Section 5.4: Parkins on Vacant Lots No vehicle may be parked, kept, or stored upon any vacant or unimproved parcel within the City. SECTION 6: PENALTIES Any person, firm ar ooxporation violating any provision of this Ordinance shall be deemed guilty of an infraction. SECTION 7: SEVERABILZTY CLAUSE Ir any section, subsection, sentence, clause or phrase o! this ordinance is !or any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The legislative body hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause ar Phrase thereof, irrespective of the fact that any one or more sections, eubeections, sentences, clauses ar phrases be declared unconstitutional. r- i SECTION 8: PUBLISHING CLAUSE The City Clerk is hereby authorized and directed to cause a certified Dopy of this Ordinance to be published at least once within fifteen (15) days after its enactment in the Cupertino Courier, the official. newspaper of the City, published and circulated in the City of Cupertino. INTRODUCED at a regular meeting oP the City Council oP the City of Cupertino, o~n the 16th day. od? December 1985, and ENACTED at a regular meeting oP the City Council of the City of Cupertino this 6ch day of January , 1986, by the following vote: VOTE AYES: Gatto, Johsnon, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: !/~~ City Clerk APPROVED: M or City o! Cupertino PCTRLORD(B-1)