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Ordinance 664 ORDINANCE NO. 664 AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING ORDINANCE NO. 220 (e) AND AMENDING ORDINANCE NO. 220 BY ADDING THE ZONE R1C (RESIDENTIAL SINGLE FAMILY CLUSTER ZONE) THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS : SECTION 1: Repealing Clause Section 1.1 : Ordinance 220 (e) is specifically repealed and all other ordinances heretofore enacted in conflict with this Ordinance are hereby repealed. SECTION 2: Amendment Section 2.1 : Ordinance No. 220 is hereby amended by adding Ordinance No. 664 . SECTION 3: Purpose Section 3.1 : The intent of a cluster zone is to promote neighborhood identity and enhance the quality of life for City residents by encouraging developers to use a more creative approach in land development, to provide a means for reducing the amount of street improvements and public utilities required in residential development, to conserve natural features , and to facilitate the provision of more desirable, aesthetic and efficient use of open space. SECTION 4 : Definitions Section 4.1 : Accessory Building or Structure. Serving a use subordinate or incidental to the use of the main building on a lot , and not being an in- tegral part of the structure of the main building. Examples : detached garage, attached garage not located under or above part of the main building or struc- turally an essential part of that building, permanent covered playpen, tool shed, greenhouse, arcade, breezeway, covered walkway. Section 4.2 : Atrium (pl. Atria) . A courtyard completely enclosed by buildings and/or fences. Section 4.3: Attached Buildings. Buildings whose walls and/or roofs touch each other, either for the entire length of a wall or roof, or for less than the- length of a wall or roof, or in a corner-to-corner relation. Section 4.4 . Building Envelope. A line limiting an area of individual ownership on the Development Plan or the Tentative Map; buildings may occupy the entire area or part of the area within the Building Envelope, but shall not extend beyond this line. Section 4.5 : City Engineer. The Director of Public Works, or a member of his staff assigned by him to'apply the requirements in this Ordinance, generally or in a particular case, or a member of the City Staff assigned by the City Manager to serve during the absence of the Director. (1-75) -1- Section 4.6: City Planner. The Director of Planning or a member of his staff assigned by him to apply the requirements in this Ordinance, generally or in a particular case, or a member of the City Staff assigned by the City Manager to serve during the absence of the Director. Section 4.7: Common Area. One or more parcels owned in common ownership in a cluster development. Section 4.8: Detached Buildings. Buildings which have no joint walls and do not touch each other. Section 4.9: Development Area. Such area for which one contiguous Development Plan is submitted to the Planning Commission. Section 4.10: Development Plan. Architectural and engineering drawings describing proposed construction activities within the Development Area. Section 4.11: Development Rights. The sole right to develop an area for any purpose, including, but not limited to, the sole right to construct build- ings, fences, walls, signs or other structures; the sole right to excavate, grade or fill; the sole right to flood or drain; and the sole right to use the property in any way other than in its natural state. Development rights may be acquired by, or deeded to, another person,company, agency or organization than the owner of the property. Section 4.12 : Day-Care Home, Family. A licensed family home non-institu- tional in character, which provides day care only, with or without compensation, for not more than six (6) children under sixteen (16) years of age, including the foster family's children under sixteen (16) years of age. Section 4.13: Day Care Home, Special. A licensed family home non-institu- tional in character, which provides day care only, with or without compensation, for seven (7) to ten (10) children inclusive under sixteen (16) years of age, in- cluding the children of the foster family under sixteen (16) years of age. Section 4.14: Dwelling Unit. A place occupied by a single family exclu- sively as a place of residence with facilities for living and the cooking and/or preparation of food. Section 4.15: Main Building. A building in which is conducted the principal use of the site upon which it is located. In any residential district, any dwell- ing shall be deemed to be a main building. Section 4.16 : Semi-attached Buildings. Main buildings connected by acces- sory building(s) or structure(s) . Rules for Attached Buildings in this Ordinance shall also apply to Semi-attached Buildings, except where requirements for Semi- attached Buildings are stated separately. Section 4.17: Slope Density Formula. A method of determining the maximum number of dwelling units for a specific property by use of a mathematical formula which relates allowable number of dwelling units to slope steepness. (1-76) -2- Section 4.18: Single Family. A collective body of any two (2) or more persons living together in one (1) house as their common home, with a single kitchen under one (1) head or management , related to each other by blood, adoption or common ancestor, including foster children; or two (2) persons living together as man and wife; or a single person; or two (2) persons. Servants who devote a majority of their time to the household shall be included. The family unit must be non-profit. SECTION 5 : Characteristics of R1C (Residential Single Family Cluster) Zones Section 5.1: A Residential single family cluster zone is a land use designation for a single family residential use upon a parcel of real property, a portion of which consists of: (a) An undivided interest in a common area mainly used for open space, recreational, parking, vehicular and pedes- trian circulation by residences of the parcel. (b) Separate property interests owned by each family resid- ing on the parcel. Said separate property interests may include: 1. Individual sub-parcels which comprise building areas only or building areas plus private yards or atria, or 2. Separate property interests in space in a residential building on the parcel, or 3. Both types of separate property inter- ests enumerated above. SECTION 6 : Application Section 6.1: The requirements of this ordinance, unless waived or modified, must be met with respect to all real properties intended to be developed as, or converted to, a single-family residential cluster development as described in this ordinance, including the conversion of existing apartment houses to condominiums. Section 6.2 : The requirements of this ordinance can be waived or modified if the Planning Commission and City Council make any one of the following findings : (a) Although one or more specific standards cannot be com- plied with because of property size constraints , existing building morphology, topographical problems, or other con- ditions beyond the control of the property owner/developer, the proposed project substantially complies with the general standards contained within this ordinance. (b) That the proposal provides for low-moderate income and senior citizen housing in a manner consistent with the housing element of the General Plan. (1-77) -3- Section 6. 3: Compliance with the requirements of this Ordinance does not relieve the owner or developer of property intended to be included in a single family Residential Cluster zone from complying with all other applicable City ordinances or conforming to the provisions of the City's General Plan. Section 6.4 : No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a Residential Cluster zone, otherwise than in conformance with the following pro- visions ;. except that uses, buildings and structures lawfully in existence at the time this Ordinance takes effect may remain as long as no alterations take place (except those alterations permitted by Santa Clara County Ordinance NS-1200, Section 30, as it existed on October 10, 1955 , which has been adopted by the City of Cupertino) . SECTION 7: Initiation of Cluster Zone by Property Owner Section 7.1: The owner of a property within the City of Cupertino or the City's sphere of influence may apply for single family Residential Cluster zon- ing or prezoning, to the Planning Commission of the City of Cupertino as specified in the City of Cupertino Procedural Ordinance No. 652. Section 7.2 : The application shall be accompanied by a Development Plan, contents of which are described in Section 14 of this Ordinance. Said Develop- ment Plan shall be made a condition of the rezoning approval. SECTION 8: Initiation of Cluster Zone by the City Council or Planning Commission Section 8.1: The City Council and/or Planning Commission may initiate a public hearing to rezone specific properties to a single family Residential Cluster zone when it is determined that residential cluster development will preserve or enhance unique land features and vegetation such as stream courses and groves of specimen trees, historic buildings, and unique scenic vistas, and will enhance older neighborhoods which have undeveloped properties which have an access problem or a parcel configuration which precludes development utilizing conventional street and lot standards. The permitted density shall in each case be determined by the density provisions of the land use element of the adopted General Plan. Section 8.2 : A Development Plan is not required for a City-initiated single family Residential Cluster Zoning District. Prior to actual develop- ment and use of property within a City-initiated single family Residential Cluster Zoning District, the property owner or developer shall submit a Develop- ment Plan as described by Section 14. Said plan shall be reviewed and approved by the Planning Commission and City Council in the same manner as a zoning hearing. SECTION 9 : Density Section 9.1: The total number of dwelling units per acre shall be defined by the density provisions of the current Land Use and Housing element of the General Plan. In a case where a broad density range is designated, the allow- able number of dwelling units shall be determined based upon the following criteria: (1-78) -4- (a) The relationship of the proposed development to the development character of the immediate neighborhood. (b) The impact of the proposed development on physiographic factors of the site such as slope steepness, geologic stability, and vegetation. (c) The impact of the proposed development on community, utility and social services such as sanitary sewer, storm drain, water, fire and police emergency services, and schools. (d) The impact of the proposed development on the capacity of the neighborhood street system. (e) The quality of the project design relative to building location, design, and materials and the livability of the dwelling units for its future residents. The perform- ance standards contained within this ordinance shall pro- vide a means to measure the livability of the dwelling units. (f) The relationship of the proposed development to the housing goals contained within the housing element of the General Plan. Section 9.2: In hillside areas, i.e. those areas delineated as hillside in the General Plan, the maximum number of dwelling units permitted in a cluster development shall be calculated in accordance with slope density formulas and/or other mechanically or mathematically approved methods to determine dwelling unit intensity as outlined by the General Plan. Section 9.3: The land area utilized to compute the maximum allowable number of dwelling units shall be the gross size of the property less : (a) Non-street areas which have, or will be required to be dedicated or acquired, in fee, for public purposes such as flood control and water conservation, parks, and public schools. (b) Areas on the site which cannot legally or physically be utilized for building or recreation uses; e.g. , areas directly underneath transmission towers or areas contain- ing easement rights which prohibit use of the land. SECTION 10: Permitted Uses Section 10.1: The following uses shall be permitted in a single family Residential Cluster zone without the requirement of a Use Permit : (a) Single-family dwelling units with not more than one (1) dwelling unit per lot, or in the case of a condominium, not more than one (1) dwelling unit within a defined air space. (1-79) -5- (b) Home occupations subject to approval pursuant to the Home Occupation Ordinance (No. 321) of the City of Cupertino, as it now exists or may be hereafter amended. (c) Family day-care homes. (d) The keeping of not to exceed two (2) dogs and two (2) cats over four (4) months of age, or other small house- hold pets not to exceed four (4) adults four (4) months of age or more. Section 10.2 : The following uses may be permitted, subject to the secur- ing of a conditional Use Permit in each separate case, in locations where they, in the opinion of the Planning Commission, are compatible with existing and planned uses within the development area: (a) Special day-care homes. (b) Group care activities providing continuous care for six (6) or fewer persons on a twenty-four (24) hour basis which requires licensing by a governmental agency. SECTION 11: Development Area Section 11.1: There is no minimum development area for a residential cluster zoning district. SECTION 12: General Development Standards Section 12.1: The following standards shall be utilized to evaluate the site and architectural design of a residential cluster development : (a) Private outdoor space shall be provided for each unit. The amount of space shall be determined in each case by the size of the unit, type of tenure and amount of common open space. (b) The relationship between adjoining units shall be designed in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces. (c) Appropriate site design and construction techniques shall be utilized so as to ensure isolation from excessive noise sources outside of the project bound- ary and ensure acoustical privacy between adjoining units. If Director of Planning and Development de- termines that an excessive external noise source will exist within the project area, the developer shall retain an acoustical engineer to evaluate the noise impact on the proposed residential development and develop mitigation measures. The construction system shall comply with applicable City ordinances relative to sound transmission control to ensure acoustical privacy between adjoining dwelling units. (1-80) -6- (d) Provision shall be made to retain natural features such as lakes, tree stands, rock outcroppings, et cetera, whenever possible. SECTION 13: Specific Development Standards Section 13.1: Parking. A minimum of two and one-half(2.5) off-street parking spaces (including garage or carport parking spaces) shall be provided for each dwelling unit. Additional parking spaces may be required based upon a ratio of number of bedrooms to number of spaces. As a general rule, one space per bedroom shall be provided. A one-bedroom or studio unit shall re- quire the aforementioned two and one-half space minimum. The total parking requirement for the development shall be based upon an analysis of the parking need for each individual dwelling unit. The parking spaces shall be geographi- cally distributed throughout the development so as to provide off-street park- ing in close proximity to dwelling units. Section 13.2 : Stbacks. There is no specific requirement for setbacks other than a requirement that a distance of twenty-five (25) feet shall be provided between a garage door opening and a public or private street , that a setback be provided on a corner lot to the extent that a 40-foot sight triangle is provided, and that units immediately adjacent to the development boundary shall have the same setbacks as required in the adjacent zones. Section 13.3: Height. The maximum height shall be thirty (30) feet meas- ured as the vertical distance from the average of the highest and lowest finished grade adjacent to a building to the highest point of said building. An increase in height shall be permitted if the Planning Commission or City Council determine that said height increase will not have an adverse impact upon the immediately adjacent neighborhood. Generally, units immediately adjacent to the development area boundary shall not exceed the height of existing dwelling units adjacent to the development area. Section 13.4: Site Design. (a) Front entryways shall be private by either orienta- ting them in a different direction from adjoining units, by utilization of an enclosed patio, by utilization of wing walls, by utilization of a recessed foyer, or through other design techniques. (b) All dwelling units (and buildings containing condo- minium units) shall be interconnected by pedes- trian walks fully separated from moving vehicles. (c) Each unit shall have direct access to common open spaces. (d) In family-oriented planned residential communities, play fields shall be incorporated into the common open space to accommodate group play activities. (e) Small sitting areas or tot lots shall be provided throughout each project to provide informal meeting space to enable immediate neighbors to interact with each other when they so desire. (1-81) -7- (f) A bicycle circulation system shall be incorporated into the project design in a manner which, to the greatest degree possible, separates bicycle movements from motor vehicles and pedestrians. The bicycle system shall interface with existing and planned City-wide systems. Section 13.5 : Streets. (a) The pavement, curbs, gutters and storm drains and water mains of the private street shall be con- structed to the standards of City streets , subject to the approval of the City Engineer, except that the City Engineer, may permit modifications recommended by a licensed engineer. The minimum width of a private street shall be twenty-four (24) feet curb to curb, with curb and gutter on both sides of the street. (b) All private streets shall be inspected by the City during construction. (c) Sidewalks shall be a minimum of four and one-half (4.5) feet in width. (d) The private street and the major walkways shall be lighted to an intensity approved by City Engineer. The type and location of electroliers are subject to approval by the Architectural and Site Approval Committee. (e) There shall be a system for the naming of the private street and for address numbers , subject to approval by the Building Department after consultations with the Postmaster, the Central Fire District and the County Communications Office. (f) City Ordinance No. 276 regulating parking of trailers, campers, repairing vehicles, etc. , shall apply to the private street and to all parking along said street. The parking of recreational vehicles such as boats, trailers, campers, etc. , shall be prohibited throughout the entire development unless said parking is within an enclosed area. Vehicular curb parking along the private street shall be prohibited except in designated areas. Appropriate "No Parking" signs shall be installed by the applicant. (g) The owner of the development will be required to par- ticipate in the initiation of City ordinance to make the private street subject to the Vehicle Code, under the provisions of Section 21107. 7 of said Code ; pro- visions of said•.ordinance subject to the approval of the enforcing agency. (1-82) -8- (h) The roadways of the private street plus a 5-foot wide strip on either side shall constitute a public service ` easement ; other public service or utilities easements may be incorporated in the plan. (i) Adequate turn-around space shall be provided at the termini of the private streets subject to the approval of the Central Fire District. Section 13.6 : Improvements and Covenants for Common Area. (a) Improvement of the common areas shall be completed by the developer and shall be subject to bonding and other procedures in the same manner as required for street improvements by the Subdivision Ordinance. The common areas shall be deeded to an association of the homeowners for whose benefit the common area is set aside; development rights shall in this case be dedicated to the City. (b) Maintenance of the common areas shall be the responsi- bility of the homeowners association to which the com- mon areas are deeded. In the event the private road, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City stand- ards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost therefor to be a lien on the property. (c) To assure that the open space shall be available for the entire development, the development rights to the common area shall be dedicated to the City of Cupertino in advance of the recordation of a final subdivision map. (d) Prior to recordation of the Declaration of Covenants, Conditions and Restrictions by the developer, said declaration shall be reviewed by the City Attorney to determine its compatibility with the intent and conditions as set forth herein. Any changes in said declaration shall be subject to the approval of the City Council. (e) The articles of incorporation of the Homeowners Association and any other instrument related to said association shall be subject to the approval of the City Attorney. SECTION 14 : Development Plan Section 14.1 : Unless waived or deferred by the Planning Commission on motion adopted, the information required to be shown on or attached to the Development Plan shall, in addition to the information required by the Sub- division Ordinance, and to other information which may be prescribed by the Planning Commission, includes the following: (1-83) -9- (a) The architectural theme of the development and the location of buildings, building configurations, build- ing heights, building square footages, fence lines , private patio and balcony areas , and lot lines. A coding system shall be used to delineate unit types relative to number of stories and number of bedrooms. A land use distribution table shall be prepared set- ting forth the net property size and the land area devoted to various land use activities. (b) Common Area that is to be maintained and controlled by the owners of the property and their successors in interest , but is to be available for the recreational and leisure use of the occupants of the cluster develop- ment . (c) A grading plan describing existing contours and finish grading in relation to the proposed building program. The plan shall contain complete cross sections. The grading plan shall denote the location of all native trees over 4" in diameter and the impact of the grading plan on said trees. (d) Parcels of land intended to be dedicated or reserved for public parks, playgrounds, school sites, or other- wise dedicated or reserved to the public in general. (e) A map showing the proposed system of public and private streets, including cross-section for all types of streets. (f) A description of immediately adjoining land use types including the location of structures. SECTION 15 : Conditions Section 15.1: In approving a Cluster Zone, there may include such con- ditions as are deemed reasonable and necessary under the circumstances to pre- serve the integrity and character of the district and to secure the general purposes of this Ordinance and the General Plan. Section 15.2: The Development Plan shall be incorporated in and made an appendix to the Resolution granting a rezoning to any Cluster Zone, and con- formance to the Development Plan shall be a condition to the rezoning. Any approved changes in the Development Plan shall be incorporated in the Final Map. SECTION 16 : Changes after Granting of a Cluster Zone Section 16.1 : In the event that the applicant shall desire to make any change, alteration or amendment in the approved Development Plan or Covenants after a Cluster Zone has been granted by the City Council, a written request and revised Development Plan shall be submitted to the City Planner. (1-54) -10- Section 16.2: If the number of dwelling units is not increased, and the City Planner makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the Development Area, the City Planner may certify the change on the Revised Plan. If such approval is withheld, the applicant may appeal to the Planning Commission. Section 16.3: If changes are material, but the requirements in the Zoning Ordinance and previously imposed conditions are still adhered to, and the number of dwelling units is not increased, the City Planner shall submit the change to the Planning Commission for approval. If the change is denied by the Commission, the applicant may appeal to the City Council, as provided in Ordinance 002(a) of the City of Cupertino. Section 16.4: A material change in the Development Plan including change of requirements or conditions, or an increase of the number of dwelling units, shall be processed as a zone change. SECTION 17: Architectural and Site Review Section 17.1: An approval of zoning under the provisions of this Ordinance do not relieve the developer or owner from obtaining architectural and site approval as required in Ordinance No. 468. SECTION 18: Publishing Clause Section 18.1: That the City Clerk be and he is hereby authorized and directed to cause copies of this Ordinance to be published, verbatim or condensed, at least once within fifteen (15) days after its adoption, in the Cupertino Courier, the official newspaper of the City of Cupertino. SECTION 19: Severability Clause Section 19.1: If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The legisla- tive body hereby declares that it would have passed this Ordinance and each section, sub-section, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared un- constitutional. INTRODUCED at a regular meeting of the City Council of the City of Cupertino, this 21st day of May , 1975, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 3rd. day of June , 1975, by the following vote : Vote Members of the City Council AYES : Meyers, Nellis, Jackson NOES: None ABSENT: Frolich, Sparks ABSTAIN: None ATTEST: APPROVED: /sJ Wm. E. Ryder /s/ James E. Jackson City Clerk Mayor, City of Cupertino (1-85) -11- ORDINANCE NO. 220(1) AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING ORDINANCE NO. 220 AND REGULATING PUBLIC BUILDINGS (BA) , QUASI-PUBLIC BUILDINGS (BQ) AND TRANSPORTATION (T) ZONES THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS : SECTION 124 : Amendment Section 124.1: Ordinance No. 220 of the City of Cupertino, California is hereby amended by adding Sections 124 through 137 as stated in this extension (1) of Ordinance No. 220. Section 124.2 : Appendix A to Ordinance 220(g) is hereby amended by adding height regulations for BA, BQ, and T Zones; the number of stories to be restricted to two (2) and the height to thirty feet (30') , unless otherwise regulated by Re- zoning, Development Plan, or Use Permit Procedures. SECTION 125: Purpose Section 125.1: It is desirable that members of the public, whether devel- opers or prospective buyers of homes, can get information on intended land use from the zoning maps. This requires specified zoning for public buildings and uses, quasi-public buildings and uses, and transportation purposes. Such infor- mation from the zoning maps is also valuable to City officials and staff, and for statistical purposes. Section 125.2 : For reasons stated in the above Section 125.1, the Commit- tee on Uniform Zoning Nomenclature, reporting to the Inter-City Council of Santa Clara County, has introduced the zoning symbols BA (Public Building) , BQ (Quasi-Public Building) and T (Transportation) . These symbols are adopted by the City of Cupertino through Ordinance 220(f) . Section 125.3: This Amendment to Ordinance 220 provides specific Cupertino regulations for BA, BQ and T Zones. SECTION 126: Interim Nature of Amendment Section 126.1: The entire zoning ordinance is being studied and subjected to public hearings. It is understood that the regulations contained in this Amend- ment to Ordinance 220 may be changed when later made a part of the entire revised zoning ordinance for the City of Cupertino. SECTION 127: Uses Permitted in a Public Building (BA) Zone Section 127.1: Buildings and other uses on land owned or utilized by a federal, state, county or city government or authority, or by a District created for public purposes under the codes of the State of California are permitted in a BA Zone. SECTION 128: Uses Permitted in a Quasi-Public Building (BQ) Zone Section 128.1: Buildings and other uses on land owned or utilized, by the following types of organizations, for the purposes enumerated in this section are permitted in a BQ Zone. -1- (1-87) (a) Public Utility Companies regulated by the Public Utility Commission; uses restricted to administration and office buildings, communication equipment buildings, including parking, landscaping, maintenance within an enclosed area and storage yards. (amended per Ordinance 1131, adopted November 2, 1981) . (b) Religious , civic and comparable organizations ; permitted uses include church buildings, community halls, adminis- tration buildings, school rooms, recreational facilities and athletic fields , convents, seminars and similar uses customarily associated with churches; all uses to include parking and landscaped areas. (c) Child care centers, day nurseries , group care facilities , hospitals, vocational and specialized schools. (amended per Ordinance 1131, adopted November 2 , 1981) . (d) Lodges, restricted membership clubs , country clubs; includ- ing accessory uses such as swimming pools, picnic areas, golf courses, driving tees or ranges, miniature golf courses; all uses to be restricted to members and their guests only. SECTION 129 : Uses Permitted in a Transportation (T) Zone Section 129.1: The following uses are permitted in a T Zone: (a) Airports , airfields and helicopter terminals, including administration and service buildings, maintenance and storage yards. (b) Railroads, including terminals and stations, freight yards, marshalling yards, storage yards, administration and service buildings. (c) Bus terminals and stations, including administration and service buildings , maintenance and storage yards. (d) Freeways, expressways and other roads with limited or controlled access, including administration buildings and maintenance yards. (e) Temporary or interim use of freeway, expressway and other transportation rights of way for agricultural uses as per- mitted in the A (Agricultural) zone; recreational uses such as golf driving ranges - tennis courts, etc; and such other uses that are directly associated with existing uses along the rights of way such as temporary parking lots to service an existing industrial or institutional facility. (added per Ordinance 1131, adopted November 2 , 1981) . (1-88) -2- SECTION 130: Use Permit Required Unless Use is Specified Through the Zoning Procedure Section 130.1: Unless specified through a condition to the rezoning, each use shall be subject to the securing of a Use Permit. The Use Permit shall specify the use or uses to be permitted and shall specify whether they will be permitted on the entire area covered by the Use Permit or a certain part of the area. SECTION 131 : Development Plan Required Section 131.1: A Development Plan or successive modifications or additions to the Development Plan shall be submitted to the Planning Commission for approval. Such plan shall comprise enough area to make possible, in the judgment of the City Planner, an evaluation of the overall effect of the separate buildings and activities in each part of the development and on adjacent areas. Section 131.2 : A Development Plan shall include: (a) Types of buildings and location of areas which may be covered by buildings now or in the future. (b) Proposed system of public and private streets, including cross sections for all types of streets. (c) General type of landscaping. (d) Other information which might be requested by the City Council, Planning Commission or the City Staff. SECTION 132 : Architectural and Site Approval Required Section 132.1: BA, BQ and T Zones are subject to Architectural and Site Review as set forth in Ordinance 306 of the City of Cupertino, defining pro- cedures for Architectural and Site approval. SECTION 133: Height of Buildings and Structures Section 133.1: Height of buildings and structures shall be regulated by the Height Ordinance, 220(g) , of the City of Cupertino. SECTION 134: Setback, Screening and Landscaping Section 134.1: Front, side or rear setbacks may be required by the Planning Commission, in order to provide adequate light, air and visibility at intersections, to show general conformity with adjacent and nearby zones, lots or parcels, or to promote excellence of development. Section 134.2 : Screening to limit noise level, to reduce glare from lights, and to prevent obnoxious emissions shall be provided to the satisfaction of the Planning Commission. The provisions in the Light Industrial Ordinance, Ordinance 220(k) , Section 15 , shall serve as a guideline. Section 134.3: The required Development Plan shall specify landscaped areas to the satisfaction of the Planning Commission. (1-89) -3- SECTION 135 : Parking and Loading I. Section 135.1: The required Development Plan shall specify parking and loading areas. Enough off-street spaces shall be provided at all times for customers, visitors, employees and for deliveries, to the satisfaction of the Planning Commission. The off-street Parking Ordinance, 002(g) as amended, of the City of Cupertino shall be adhered to where applicable. SECTION 136 : Severability Clause Section 136.1: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. INTRODUCED at the regular meeting of the City Council of the City of Cupertino, on the 16th day of February , 1970 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of March , 1970 by the following vote: AYES Beaven, Fitzgerald, Noel, Stokes, Dempster NOES None ABSENT: None APPROVED: /s/ J. Robert Dempster Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ryder City Clerk (1-90) - 4 -