Ordinance 1784ORDINANCE NO. 1784
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING TITLE 19 OF THE
CUPERTINO MUNICIPAL CODE FOR THE PURPOSE OF CONFORMING THE
PROVISIONS OF THE CODE TO THE REQUIREMENTS OF STATE AND FEDERAL
LAW, CONFORMING THE PROVISIONS OF TII6 CODE TO BE CONSISTENT R'ITH
PRESENT C[TY PRACTICES, ELIMINATING REDUNDANT AND OBSOLETE
PROVISIONS, CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE, AND
CONSOLIDATING AND STREAMLINING VARIOUS PROVISIONS.
TFIE CITY COUNCIL OF TIIE CITY OF CUPER'fINO, CALIFORNIA. DOES ORDAIN
AND ENACT THE FOLLOWING:
Section 19.080.030 is amended to add the following definition:
"Attic" means unconditioned space (not heated or cooled), used for storage or utility
spaces and similar uses and not considered habitable space.
Page 574: This definition is added because it is referenced in the floor area definition.
Section 19.08.030 definition of "Card club" is hereby repealed.
Page 575: Cupertino doesn't have any card clubs.
Section 19.08.030 definition of "Cellar" is hereby repealed.
Page 575: Basement is the term used in the regulations; cellar is redundant.
Section t9.08.030 definition of "Common area' is hereby repealed.
Page 576: This definition is not used in Cupertino regulations.
Section 19.08.030 definition of Driveway, Curved is hereby amended to read as follows:
Driveway. Cun~ed. "Curved Driveway" means a driveway with access to the front
property line which enters the garage tiom the side at an angle of silty degrees or greater
to the front curbline and which contains a functional twenty-foot-deep parking area that
~ does not overhang the front property line.
Page 577: The phrase "or greater" is added to the definition because it was part of the
original definition and was inadvertently left out during codification.
Section 19.08.030 definition of "Gross tlooe area" is hereby amended to read as "Floor area."
Page 578: 13oth net and gross tlnor area definitions are not needed.
Section 19.08.030 definition of "Gross floor area," paragraph two is hereby amended to read as
follows:
"Floor area" shall not include the following:
1. Basement or attic areas;
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2. Parking facilities, other than residential garages, accessory to a permitted or
conditional use and located on the same site;
3. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and
similar features not substantially enclosed b} exterior walls
Page 578: Gross was removed so that there is just one definition of floor area. This section
was organized incorrectly, so it is reorganized and renumbered. Two subheadings are
combined so that there is no distinction berivicen residential and non-residential exclusions;
therefore the reference to "courts at or near street level +vhen accessible to the genernl
public..." is not relevant.
Section 19.08.030 definition of "Height" is hereby amended to read as follows:
"Efeight" means, unless othcnvise established by a city approved grading plan
which is part of a Subdivision Map approval, the vertical distance measured from the
natural grade to the highest point of exterior construction, exclusive of chimneys,
antennas or other appurtenances.
Height restriction shat( be established by establishing a line parallel to the natural
grade.
Page 579: Height is normally measured frmn natural grade; however, it is not reasonable
to measure height from natural grade when there is an approved grading plan that alters
natural grade. Therefore, there is a provision that ackno+vledges an approved grading
plan.
Section 19.08.030 definition oC "Housing market area" is hereby repealed.
Page 579: This definition is moved to page 588-55 where is it used in context.
Section 19.08.030 definition of "Net [loor area" is hereby repealed.
Page 582: Both net and gross floor area definitions arc not needed.
Section 19.08.030 definition of "Residential care facility" is hereby amended to read as follows:
"Residential care facility" means a building or portion thereof designed or used for the
purpose of providing twenty-four-hour-a-day nonmedical residential living....
Page 584: "Nonmedical" replaces "nonmusical," which was a typographical error.
Section (9.08.030 definition of "Shopping center" is hereby amended to read as follows:
"Shopping center" means a group of commercial establishments, planned, developed,
owned or managed as a unit, witltnff-street parking provided on the site.
Page 585: The reference to the size of the shopping center has no relevance to Cupertino
regulations.
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Section 19.08.030 definition of "Site development regulations" is hereby repealed.
Page 585: This definition is incorrect; the text correctly belongs in the accessory structure
ordinance.
Section 19.08.030 definition of "Half story" included in the definition of "Story" is hereby
repealed.
Page 585: This definition is not used.
Section !9.08.030 definition of ""fwo family use" is hereby repealed.
Page 586: This definition is not used.
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Page 587: Although originally recommended to be removed because the PD zoning district
is used for cluster development instead of I21C, staff recommends that it be retained since
~i there are existing R1C zoning districts to which it applies.
Section 19.28.04UA3 is hereby amended to read as follows:
Building or structures which incorporate solar design features that require variations frotn
setbacks upon a determination by the Director that such design feature or features will not result
• in privacy impacts, shadowing, intrusive noise or other adverse impacts to the surrounding area,
Page 588-10: This section refers to solar design, so the reference to "odor" is deleted.
Section 19.28.060 is hereby amended to be entitled as ti~llows:
19.28.OG0 Lot coverage building setbacks and height restrictions
Page 588-10a: The phrase "for nonaccessory buildings and structures" is deleted because
the intent is to apply lot coverage and floor arc:- requirements to all structures.
Section 19.28.O60C is hereby amended to be catitled as follows:
C. Setback--First }''loot (Non-accessory structures)
Page ,588-10a: Since ncccsson• structures have their own setback regulations, they need to
be eliminated from the R-1 setback regulations.
Section 19?8.060D is hereby amended to be entitled as follows:
D. Setback--Second Cloor. (Non ~iccessory structures.)
Same as above.
19.32.060 Lot area and width
Section 19.32A60B is inserted to read as follows and the existing sections B and C are
renumbered accordingly:
B. Existing legal lots of record which contain less area than required by Section
19.32.060A, but not less than 7,500 square feet, may nevertheless be used as building sites
provided that all other applicable requirements of this title are fulfilled.
Page 588-14: This provision is similar to the R-1 provision which allows development on
existing lots which arc smaller than the minimum parcel size. There arc existing R-2 lots in
Cupertino that are smaller than the 12-2 minimum (8,500 sq. ft.) that could not be built on,
without this provision, if the existing duplexes were demolished.
Chapter 19.40.1 l0A is hereby amended to read as follows:
Pavement Width and Design. The pavement width and design for a private road or
common driveway sen~ing hvo to five lots and asingle-lot driveway shall comply with
development standards contained in the E{illsidc Subdivision Ordinance, Chapter 18.52
of this code.
Pugc 588-22b: This is simply a correction of the Chapter reference.
Page 588-23: Although originally recommended to be removed since the PD zoning district
is currently used for cluster development instead of R1C, staff recommends that it he
retained since there arc existing I21C zoning districts to which it applies.
• Section 19.48.090[3 is hereby repealed.
Page 588-31: Section l; is repealed because the time limit referred to is not necessary, due
to time limits imposed by the Permit Streamlining Act.
Section 19.56.040 is hereby amended to read as follows:
The tbllowing uses may be wnditionally allowed in the CG zoning district, subject to
issuance of a conditional use permit by the Planning Commission:...
Page 588-37: This is a minor formatting change.
Section 19.56.040A is hereby repealed.
Same as above.
Section 19.56.060 is replaced as follows and subsection [3 is retained:
19.56.060 Conditional Use Perniit for New Development
A. Prior to the erection of a new building or structure in u CG zoning district, or prior
to the enlargement or modification of an existing building structure or site (including
landscaping and lighting) in a CG •roning district, the applicant for a building permit
mast obtain a use permit from the Planning Commission unless the building square
footage is five thousand square feet or greater, in which case the conditional use permit
may only be issued by the City Council upon recommendation of the Planning
Commission.
Page 588-38: This section is retitled to refer to a conditional use permit instead of
architectural and site review, since tf:e content of the regulation relates to a conditional use
permit.
Section 19.56.070A1(b) is hereby amended to read as follows:
Outdoor seating for restaurants as long as the number of seats do not exceed twenty
percent of the number of authorized indoor seats and is otherwise compatible with
Chapter 19.100 of this code.
Page 588-38: Chapter 19.100 is the parking ordinance, so this regulation now requires that
outdoor seating must comply with the parking ordinance, since parking for restaurants is
based on seating.
There is hereby added to the Municipal Code of Cupertino Section 19.64.050E which is to read
as follows:
E. Wireless communication facilities as described in Chapter 19.108.
Page 588-43: Adds wireless communication facilities to the conditionally allowed uses in
the Public Building, Quasi Public Building and Transportation zones.
• Section 19.64.080 is hereby amended to read as follows:
Prior to the issuance of any conditional use permit in a 13A, F3Q. or 1' zoning district, the
proposed use shall be reviewed pursuant to Chapter 19.134.
Page 588-44: This provides a reference to the new Architectural and Sitc Review
ordinance.
Section 19.76.070 is replaced as follows:
19.76.070 Conditional Use Permit fir New Development
Prior to the erection of a new building or structure in an OA zoning district, or prior to
the enlargement ar modification of an existing building stmcture or site (including
landscaping and lighting) in an OA zoning district, the applicant for a building permit
must obtain a use pem~it from the Planning Commission unless the building square
footage is five thousand square feet or greater, in which case the conditional use permit
may only be issued by the City Council upon recommendation of the Planning
Commission.
Page 588-50: This section is retitled to refer to a conditional use permit instead of
architectural and site review, since the content of the regulation relates to a conditional use
permit.
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Section 19.80.030B I is hereby amended to read as follows, a new section a. is inserted:
1. With respect to accessory buildings and structures (including decks and patios)
which are attached to principal dwellings, all site development regulations, including
setbacks, height and lot coverage regulations applicable to principal dwellings in the
applicable zone also govern attached accessory buildings/structures except as otherwise
specified below:
a. Ground level paving, landscape features. and open recreational facilities are
excluded from lot coverage regulations.
Page 588-51: This is a minor formatting change.
Section 19.80.030B 3. is amended to change 3 to c. and the remaining sections are renumbered
accordingly.
Page 588-52: This is a minor formatting change.
There is hereby added to the Municipal Code of Cupertino Section 19.88.030A1(a) a second
paragraph which is to read as follows:
As used in this section "housing market area" means that area bounded by
Fremont Avenue located in the City of Sunnyvale, to the north, Lawrence Expressway to
• the east, Prospect Road to the south, hence along a line generally following the wcstcrl}•
boundary of the Cupertino Urban Service Arca northerly to E[ighway 280, hence easterly
along Highway 280 to Foothill [3oulevard, hence northerly along Foothill E3oulevard to
1lomestead Road, hence easterly along Eiomcstead to ]-]ighway 85, hence northerly along
(-{ighway 8~ to Fremont Avenue.
Page 588-55: This paragraph was moved from 19.08.030 to this section where it is more in
context.
Section 19.92.060E is herebv amended to read as fi~llows
F. Medical offices for physicians, dentists, osteopaths, and other practitioners;
Page 588-65: The phrase "but excluding reception and examination of patients" was
deleted because it wasn't logical.
Chapter 19.96 is hereb}• repealed.
Page 588-66: This Chapter is repealed because it was incorporated into Chapter 19.100.
Section 19.104.040A is hereby amended to read as follows:
A. Norivithstanding anything elsewhere in this code to the contrary, no lot or parcel of
any property in any zoning district or any building or structure thereon...
Page 588-74: This is a typographical correction.
..
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City
~' of Cupertino, Californi , do I~ercby certif the attached to be a full, true, and correct copy of
Ordinance No. /~ 8~ enacted on ~~ /1/r~---'
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 5'`E-k_ day of
Li'2.~, 19Q~.
KIMBERLY SML H, City Clerk and
ex-officio Clerk of the City Council of
the City of Cupertino, California
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INTRODUCED: Apri120, 1998
PASSED: A9ay 4, 1998
Vote: Members of the City Council
Ayes: BURNETT, DEAN, JAMES, STATTON, CHANG
Noes: NONE
Absent: NONE
Abstain: NONE
ATTEST: A OVED:
~~,~ a
i
City Clerk Mayor, City of Cupertino
•
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITIi, City Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, California, do hereby certify the attached to be a full, true, and correct copy of
Ordinance No. >'78S enacted on ~"u Kl~ ~ 9 9 ~
IN WITNESS WHEREOF, !have hereunto set my Band and seal this ~ `~k- day of
t 9Ye .
• KIMBERLY SM~ ,City Clerk and
ex-officio Clerk of the City Council of
the City of Cupertino, California