Ordinance No. 1687
ORDINANCE NO.1687
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.56, GENERAL COMMERCIAL ZONES, OF THE
CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Chapter 19.56 of the Cupertino Municipal Code shall read as shown in the
attached Exhibit A.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 17th day of July , 1995 and ENACTED at a regular meeting of the City
Council of the City of Cupertino this 7th day of Auqust , 1995, by the
following vote:
~1~ Members of the Cily Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APP OVED:
City Clerk May r, City of C rtino
i
(icneral Commercial Ordinance
Pace I
Chapter 19.56
GF.tiERAL COMMERCIAL (CG) ZONES
Sections: ; - ~_ _i t ~ ::, , , ;~~
19.56.010 Purposes
19.56.020 Applicability of regutation. ~~ `~'t? ` "'s~
19.56030 Permitted uses. ~ -~
19.56.040 Conditional uses.
19.56.050 Excluded uses. - ` ~-'`
19.56.060 Site development regulations. ' '
19.56.070 Architectural and site review.
t9.5b.010 Purpose.
The purpose of the general commercial zoning district is to establish regWations'for retailing,' offices
and service establishment offering goods and services to the general public whlth''will assure
maximum compatibility with surrounding residential areas as well as minimize adverse traffic impacts
resulting from commercial development. (Ord. 1601 Exh. A. (part), 1992)
19.56.020 Applicability o[ regulation.
No building ,structure, or land shall be used ,and no building or structure shall be erected, structurally
altered, or enlarged in a CG zone, otherwise than in conformance with the provisions of this chapter
and other applicable provisions of this title. (Amended during 4/94 supplement Ord. 1601 Exh. A.
(Part). 1992)
19.56.030 Permitted uses.
The following uses shall be permitted is a general commercial (Cl3) zoning district subject to the
performance standards contained in section 19.56A70.
A. Retail businesses, such as, but not limited to, food stores (excluding convenience markets),
drugstores, apparel shops, variety stores and hardware stows.
B. Full service restaurants (without separate bar facilities) wh~:re all public entrartces face away from
residential zoning districts and where the required customer parking is located within close
proximity of the entrance and is more than 100 feet from any residential district.
C. Professional, general, administrative, business offices, business services,'-such as advertising
bureaus, credit reporting, accounting and similar consulting agencies,.stenographic services, and
communication equipment buildings, except that such uses shall not comprise more than 25% of
the building space in a shopping center,
D. Banks, financial institutions, insurance and real estate agencies, travel agencies ,photography, and
similar studios which directly serve the public;
F. Laundry facilities, including self service and full service operations; and retail dry cleaning
establishments, provided that the solvents used in the cleaning process shall not be used or stored
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P:~ge 2
in any manner not approved by the State Fire Marshal and provided the establishment received
approval from the Bay Area Air Quality Management District. Dry cleaning is limited to items
directly delivered to the establishment by retail customers.
G. Private clubs, lodges, or fraternal organizations as subordinate uses in buildings intended primarily
for other permitted uses provided for in this section; ,
H. Limited repair services, such as jewelry, household appliance, typewriter and business machine
repair shops;
i. Personal service establishments such as barbershops, beauty parlors. massage establishmepts. shoe
repair shops, and wilor shops.
J. Accessory facilities and uses customarily incidental to permitted uses;
K. A maximum of four video game machines, provided these machines are incidental to ~tha main
activity of the business;
L. Specialty food stores which comprise less than 50% of the retail space. of a single building or
shopping center and which do not exceed 10,000 sq. ft.
M. Pet shop and pet services facilities( buildings) which are located in a sound proof structure and are
in compliance with Santa Clara County Health Department regulations.
N. Child day care facilities located within an established business serving that business only and
which do not generate additional traffic from that produced by the business itself.
O. Other uses which, in the opinion of the Director of Community Development, are similar to the
above permitted uses, and which do not create significant adverse impacts to the surrounding area
due to odor, dust, smoke, glare, fumes, radiation, vibrations, noise, traffic, or litter. (Amended
during 4/94 supplement; Ord. 1601 F.xh. A. (part),1992)
19.56.040 Couditiopal uses.
The following uses my be conditionally allowed in the CC3 zoning district, subject to issuance of a
conditional use permit:
A. Issued by the Planning Commission:
1. Automobile repair shops and fire repair shops.
2. Commercial parking and parking garages, ,
3. Convenience markets, ,
4. Hotels, motels, and boardinghouses,
5. Liquor stores,
6. Drinking establishments,
7. Full-service restaurants with separate bar facilities; fast -food restaurants, and any entertainment
facilities (e.g„ dancing, live music) in association with full-service or fast-food restaurant,
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P~gc 3
8. Commercial entertainment establishments, such as indoor theaters, bowling alleys, billiard and
pool parlors, dance halls, skating rinks, and arcades.
9. Private clubs, lodges and fraternal organizations, as principle uses of buildings; fn-ternity and
sorority houses,
10. Child care centers, day nurseries; and playgrounds
11. Vocational and specialized schools, dance and music studios, gymnasiums and health
clubs, ,
12. Limited food processing with retail outlets'on the same premises; caterers;
13. Pet shops and facilities for bathing, clipping, trimming, and similar services for pets ,when not
located in a soundproof space.
14. Mortuaries;
15. Theaters; _ ! ,
16. Specialty Food stores which occupy more than 50%bf the building' floor space°in a single
building or shopping center.
l7. Automobile service stations, automobile washing faeilities ' '' ~ `
18. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in operable
condition,
19. Any commercial establishments with drive through facilities,
20. Late evening activities which occur between 11:00 PM through 7:00 A.M. (ord. 1637 (part),
1993; Ord 1618 (part), 1993; Ord.1601 Exh. A (part), 1992)
21. Business activities which display merchandise or provide services in an unerrclosed space
visible from a public street or adjoining residential property, except activities which display
merchandise as provided by Section 19.56.070.1.d.
22. RetaiUservice kiosks located in an unclosed space visible from public streets or other public
owned space.
23. Other commercial uses which are neither permitted uses nor excluded uses and which are, in
the opinion of the Planning Commission, consistent with the character of a general commercial
(CG) zone of the same general character listed in this section, and which do not create significant
adverse impacts to the surrounding area due to odor, dust, fumes, glare, radiation, vibration, noise,
traffic, or litter.
24. Business activities which incorporate contracting services for which a contracting license is
issued by the State of California is required.
19.56.050 Excluded uses.
The following uses shall not be permitted iri general commercial (CG) zones:
A. Businesses where the primary activity is related to the on-site manufacturing, assembly or storage
of building components intended for use by general contractors or whotesalers.
B. Wholesale lumberyards, warehouses, storage garages, nurseries, greenhouses and other wholesale
businesses, except computer hardware and software and eommunicatians businesses for which the
city may generate sales tax revenue where the primary activity is to conduct sales and services to
other businesses rather than to direct retail customers.
C. Other uses which, in the opinion of the Planning Commission, are objectionable by reason of odor,
dust, smoke ,glare, fumes, radiation, vibration, noise, traffic or litter shall be excluded. (Amended
during 4/94 supplement; Ord. 1601 exh. A (part), 19920
General Commercial Ordinance
Page a
19.56.060 Architectural and site review for new development.
Prior to the erection of a new building or structure in a CG zoning district, or prior to the enlargement
or modification of existing building, structure or site (including landscaping and lighting) in a CG
zoning district, the applicant for a building permit must obtain a use permit from the Planning
Commission unless the building square footage is five thousand square .feet in which case the
conditional use permit may only be issued by the City Council upon recommendation by the Planning
Commission. (Ord. 1637 (part),1993: Ord.1630 (part), 1993: Ord 1601 Exh. A (part), 1992)
Minor architectural modifications including changes in materials and colors shall. be reviewed by the
Director of community Development as specified in Chapter 19.132 of this code. If an application is
diverted to the Planning Commission, the application shall be agendized for a Planning Commission
meeting as an Architectural and Site Application.
19.56.070 Land Use Activity and Site development regulations.
A. Land Use Criteria:
Unless otherwise provided by a conditional use permit, the following regulations shall apply to all
users governed by this chapter.
1. The activity must be conducted entirely within a building or enclosed patio oc atrium except for:
a. Vehicular parking including the pa:4ing of business related vehicles that comply with the sign,
off street parking and noise regulations.
b. Outdoor seating.. for restaurants as long as the number of seats do not exceed.. 20% of the
number of authorized indoor seats.
c. Special promotional events undertaken by pemtitted businesses.
d. The display of merchandise in front of stores containing a minimum of 20,000 sq.,R of floor
area. The merchandise must be displayed under a roof overhang or canopy .and must be
displayed in an organized, neat, and safe fashion.
e. incidental activities directly related to the permitted business. The incidental activity must
comply with noise standards, all other applicable health and safety regulations and must use
equipment which, when not in use, is stoned in an approved enclosed space.
2. The activity must comply with the City noise standards, including pick up and delivery times.
Some activities are permitted when located in a sound proof space. A sound. proof space is an
enclosed area which is designed to prevent internally generated noise from being audible from a
receptor located outside of the structure. An acoustical engineer shall certify the design and
operating conditions of a sound proof space.
3. The activity must involve direct retailing of goods or services to the general public. The retailing
and servicing activity must comprise at least 50% of the floor space, including enclosed patio and
General Commercial Ordinance
Page 5
atrium space, and must represent the primary emphasis of the business. Window displays shall
reflect the retail emphasis.
4. Certain activities which require a hazardous material plan are permitted subject to permitting or
licensing by an authorised public agency charged with the responsibility to protect the public
health and welfare regarding the involved hazardous material. Examples: swimming pool and spa
supply, photo finishing, dental office.
5. The activity complies with applicable off street parking standards including shared parking
arrangements specified in the off street pazking ordinance.
B. Lot Area and Coverage.
Except as may be provided in the General Plan or applicable specific plan, no minimum lot area or
coverage is required; provided, however, that any lot in a CG zoning district shall have sufficient area
to satisfy off-street parking and loading requirements contained in this title and shall otherwise comply
with any setback regulations of this chapter or the. General Plan.
C. A. Height of Buildings and Structures
Except as otherwise provided by the General Plan or applicable specific plan, the maximum height of a
building /structure in a CG zoning district is thirty feet.
D. Required Setbacks for buildings and enclosed patio/atrium space.
1. Front Yard.' Front-yazd setbacks for each site or lot in CG zone may be established by the City
Council upon recommendation of the Planning Commission based upon special policies
contained in the General Plan and/or applicable specific plan and to insure sufficient space to
provide adequate light, air and visibility at intersections; to assure general conformity Eo yard
requirements of adjacent or nearby zones, lots or parcels; and to promote excellence of
development.
2. Side and Rear Yard. Unless regulated by a specific plan, No side or rear yard setback shall be
required in•a CG zoning district, except where a loYin a CG zone abuts any residential or
agricultural- residential zone in which case the following regulations apply:
a. No part of any building in a CG zoning distinct shall be closer to a lot in a residential or
agricultural -residential zone than the height of that particular part of the building;
b. The side~yard adjacent to a lot in a residential or agricultural -residential zone shall be a
minimum of twelve feet;
c. The side yard adjacent to a street shall be a minimum of twelve feet;
d. The rear yard adjacent to a lot in a residential or agricultural-residential zone shall be a
minimum of twenty feet or a distance equal to 1.5 feet of horizontal setback distance for
each foot of height of a commercial building measured from its eave line or top of parapet.
The greater distance shall prevail.
c;cneral Commercial Ordinance
pace G
G Noise Standards.
1. New Construction. 77te construction of new buildings on property adjoining a residential
district which is not included in a joint development plan shall install the noise attenuation
devices described in item A-D below. The construction of retail structures in a mixed use
residential development shall employ. noise .attenuation techniques.. recommended by an
acoustical engineer to comply with the Community noise ordinancq,
a. Exterior walls shall be designed to attenuate all noise emanating from interior retail space.
b. Locate loading docks and doors away from residential districts. Required fire doors are
excluded.
c. Air conditioning, exhaust fans, and other mechanical equipment shall be acoustically
isolated to comply with the noise ordinance.
d. A minimum 8' high masonry sound wall shall be installed on or adjacent to the common
property tine between a retail and residential property. Wall height is measured from the
property with the highest finish grade.
An acoustical engineer shall certify that the above sound attenuation measures comply with the
intent of the regulation and the City's Community noise ordiaarrca
2. Sound attenuation for activities regulated by use permit.
All activities described in section 19.56.040 (conditional uses) that have a high probability of
generating noise which may transmit into. adjoining residential properties shall comply with the noise
attenuation requirement listed in subsection one above.
F. Lighting.
New lighting fixtures for any new site construction or building improvements shall meet the following
requirements:
1. All exterior lighting shall be a white type light either metal halide or a comparable color
corrected light unless otherwise approved as part of a development plan.
2. The light fixtures shall be oriented and designed to preclude any light and direct glare to
adjacent residential properties. No direct off-site glare from a light sotuce shall be visible
above 3 feet at a public right-of--way.
3. Parking lots, sidewalks and other areas accessible to pedestrians and automobiles shall be
illuminated with a uniform and adequate intensity. Typical standards to achieve uniform and
adequate intensity are:
a) The average horizontal maintained illumination should be between 1 and 3 foot candles;
and
b) The average maximum to minimum ratio should be generally between 6 and 10 to 1.
i •
General Commercial Ordinance
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4. Critical areas such as stairways, ramps and main walkways may have a higher illumination.
5. Lighting around automatic teller machines shall meet minimum standards required by the State
Business and Professions Coda
G. Landscaping.
The application for use permit to construct a building in a General Commercial Zone shall be
accomplished by a concept landscaping plan which provides an effective year round landscaping
screen in the setback area adjoining a residential property. The intent of the plan is to screen the
building from the rear yard of a residence. The affected residents will be given notice of hearings and
may give testimony advocating an increase in planting to provide more screening or reduction in
landscape material to preserve views and/or permit more sun to enter their property. The intent of the
planning requirement is to provide screening within 5 years.
19.56.080 Interpretation by the Planning Director
The Director of Community development shall be empowered to make reasonable interpretations of
the regulations and provisions of this chapter consistent with the legislative intent thereof. If the
Applicant is aggrieved by an interpretation of the chapter by the Director of Community Development,
said applicant may petition the Planning Commission in writing for review of the interpretation. (Ord.
(601 Exh A (part), 1992)
Owners of property immediately adjoining the affected property shall be notified of a Planning
Commission review of a Director of Community Development's interpretation.
g:/planning/cgzone6
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA )
CITY OF CUpERTINO ~
~1
I, KIMBERLY SMITH. City ert~ ~ attached to be as full atnu, and nccocmt opy~of
of CupeRino, California, do hereby 7 /q9S
Ordinance No. ~6~~ =nactedon
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ day of
/~u,awit~' .19~.
0
q LIMBERLY S H, City Clerk and
ex-officio Ckrk of the City Council of
the City of C~lpertino. California