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2012 S-31 CUPERTINO, CALIFORNIA Instruction Sheet 2012 S-31 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION AND PERSONNEL 1, 2 1, 2 9, 10 9, 10 69, 70 69, 70 TITLE 9: HEALTH AND SANITATION 1, 2 1, 2 34A, 34B TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING 33 through 38B 33 through 38B TITLE 16: BUILDINGS AND CONSTRUCTION 1, 2 1, 2 21 through 22B 21 through 22B 39 through 42 39, 40 TITLE 17: RESERVED 1 through 54 1, 2 TITLE 18: SUBDIVISIONS 3 through 54 3 through 58 TITLE 19: ZONING 1 through 160 1 through 252 Comprehensive Ordinance List 5, 6 5, 6 13 through 16 13 through 16 19 through 22 19 through 22 25 through 40 25 through 42 Cupertino Instruction Sheet 2 REMOVE OLD PAGES INSERT NEW PAGES Index 5, 6 5, 6 9 through 12 9 through 12 13, 14 13, 14 17 through 32 17 through 32 33, 34 33, 34 36A through 46 37 through 48 ko 01/12 CITY OF CUPERT][NO, CALIFORNIA MUNICIPAL CODE 2012 S-31 Supplement contains: Local legislation current through Ordinance 2085, passed 11-1-11 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 TITLE 2: ADMINISTRATION AND PERSONNEL Chapter 2.04. City Council-Election and Meetings 2.06 (Reserved) 2.08 City Council-Rules and Conduct of Meetings 2.12 Introduction and Passage of Ordinances 2.16 City Council-Salaries 2.17 City Council/City Staff Relationships 2.18 City Attorney 2.20 City Clerk 2.24 City Treasurer 2.28 City Manager 2.30 Code Enforcement Officer 2.32 Planning Commission 2.36 Park and Recreation Commission 2.40 Disaster Council 2.48 Departmental Organization 2.52 Personnel Code 2.60 Public Safety Commission 2.64 (Reserved) 2.68 Library Commission 2.74 Cupertino Technology, Information, and Communications Commission 2.78 Landlord-Tenant Mediation-Issuance of Subpoenas 2.80 Fine Arts Commission 2.84 Environmental Review Committee 2.86 Housing Commission 2.88 Audit Committee 2.90 Design Review Committee 2.92 Bicycle Pedestrian Commission 2012 S-31 1 2.08.010 CHAPTER 2.08: CITY COUNCIL--RILES AND CONDUCT OF MEETINGS* Section 2.08.010 Adoption of rules. minimum or maximum interim period between the setting of 2.08.030 Petition-Defined. said time and the holding of such public hearing. (Ord. 673, 2.08.040 Petition-Hearing notice. (part), 1975; Ord. 49, §2, 1958) 2.08.070 Petition-Exception. 2.08.080 Method of presenting matters to Council. 2.08.070 Petition-Exception. 2.08.090 Order of business. Sections 2.08.030 through 2.08.070 shall not apply to 2.08.095 Reconsideration. any petition in which there is a prescribed method of 2.08.096 Reconsideration-Sought by interested publication or notice pursuant to law or any other ordinances person. of this City. (Ord. 49, § 5, 1958) 2.08.100 Written communications. 2.08.105 Oral communications. 2.08.080 Method of Presenting Matters to Council. 2.08.110 Reports of officers and official bodies. A. Every official,board,commission or other body, 2.08.130 Discussion procedure. connected with the City government, and every citizen, 2.08.135 Designation of signators for official individual, corporation, committee or civic group, having documents. any reports, communications or other matters to be 2.08.140 Violation-Penalty. presented at a City Council meeting, shall be referred to the * For statutory provisions authorizing the City City Clerk in writing before nine a.m. of the sixth day Council to establish rules for the conduct of its (Sunday included)preceding the day of such meeting for it proceedings, see Gov. Code § 36813. to be given consideration as an item of agenda business. B. The City Clerk shall prepare an agenda setting forth such matters and the nature thereof under their 2.08.010 Adoption of Rules. appropriate headings, and setting forth all other matters to The City Council may adopt from time to time such come before such meeting under their appropriate headings. rules of procedure as it may deem necessary to properly The City Clerk shall, preceding such meetings, cause one exercise its powers and duties. Such rules shall become copy thereof to be delivered to each member of the City effective upon a majority vote of the Council and shall be Council and shall make such other copies available for kept on file with the City Clerk and a copy thereof shall be public review as is consistent with State law. (Ord. 2081, exhibited to any person upon request. (Ord. 6, § 1, 1955) (part), 2011; Ord. 1697, (part), 1995; Ord. 1292, 1984; Ord. 822, 1977; Ord. 673, (part), 1975; Ord. 389, § 3.4, 2.08.030 Petition-Defined. 1968) For the purpose of Sections 2.08.030 through 2.08.070, a "petition" means any written communication 2.08.090 Order of Business. signed with multiple signatures and which is delivered to the A. The City Council of the City shall establish the City Clerk for the attention of the City Council. Such order of business by resolution. petitions so received will be processed in the same manner B. The order of business to be taken up at an as written communications. (Ord. 673, (part), 1975; Ord. adjourned meeting shall be that as deemed by the Mayor and 49, § 1, 1958) the City Council to be proper. C. The City Council may,in its discretion,establish 2.08.040 Petition-Hearing Notice. time limitations for the presentation or discussion of any The City Council after having received a petition may, item of business; and, may establish a time after which no at its discretion, set a time for the holding of a public agenda item of business will be taken up in which case the hearing thereon. Unless otherwise provided by law or any motion for adjournment will contain the date and time for other ordinances of this City, there shall be no prescribed the completion of agenda business. D. Closed sessions may be held as needed and scheduled by the City Attorney. 2012 S-31 9 2.08.090 Cupertino-Administration and Personnel 10 E. Council may change the order of business at any 2.08.096 Reconsideration-Sought by Interested Person. individual council meeting by majority vote. (Ord. 2081, A. The City Clerk shall forthwith mail all notices of (part), 2011; Ord. 1697, (part), 1995; Ord. 1561, 1991; decision after the decision of the City Council. Any Ord. 1457, 1988; Ord. 1393, 1986; Ord. 1329, 1985; Ord. interested person, prior to seeking judicial review of any 1259, 1984; Ord. 1192, 1982; Ord. 1133, 1981; Ord. 978, adjudicatory decision of the City Council, shall file a (part), 1980;Ord. 673,(part), 1975;Ord. 389, §3.5, 1968) petition for reconsideration with the City Clerk within ten days of the date of the mailing of the notice of decision. 2.08.095 Reconsideration. Failure to file a petition for reconsideration constitutes a A. The Council may,at any time before adjournment waiver of the right to request reconsideration and the City of any council meeting, determine to reconsider an item of Council's decision shall be final for all purposes. Upon business previously acted upon at that council meeting. A timely receipt of a petition for reconsideration, the City motion to reconsider may only be made by a councilmember Clerk shall schedule a reconsideration hearing to be who was a member of the prevailing majority voting on the commenced by the City Council no later than sixty days item. A motion to reconsider may be seconded by any after the filing of the petition. Mailed notices of the date, councilmember. time and place of such hearing will be provided to all B. If a motion for reconsideration prevails, the interested persons at least ten days prior to the hearing. At Council is then free to reconsider the item either at the same the conclusion of the hearing for reconsideration, the City Council meeting or at any other Council meeting established Council may affirm,reverse,or modify its original decision, by the Council; provided, however, that the Council shall and may adopt additional findings of fact based upon the not reconsider an item at the same Council meeting, in the evidence submitted in any and all city hearings concerning following instances: the matter. 1. Any action involving a public hearing which has B. A petition for reconsideration shall specify, in been closed; detail, each and every ground for reconsideration. Failure 2. Any action,including appeals,regarding a zoning of a petition to specify any particular ground or grounds for matter,planned development permit,use permit,subdivision reconsideration,precludes that particular omitted ground or map approval, variance, architectural and site approval or grounds from being raised or litigated in a subsequent sign exception; ' judicial proceeding. 3. Any action involving the granting, modification The grounds for reconsideration are limited to the or revocation of any permit issued by the City; following: 4. Any action which is quasi-judicial in nature. 1. An offer of new relevant evidence which, in the C. In such cases, the Council shall reconsider the exercise of reasonable diligence, could not have been item at another council meeting date established by the produced at any earlier city hearing. Council and shall direct the City Clerk to provide 2. An offer of relevant evidence which was notification to the relevant parties or the general public, as improperly excluded at any prior city hearing. the case may be. (Ord. 2056, (part), 2010; Ord. 1697, 3. Proof of facts which demonstrate that the City (part), 1995; Ord. 1378, § 1, 1986) Council proceeded without, or in excess of its,jurisdiction. 4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing. 5. Proof of facts which demonstrate that the City Council abused its discretion by: a. Not preceding in a manner required by law; and/or b. Rendering a decision which was not supported by fmdings of fact; and/or c. Rendering a decision in which the findings of fact were not supported by the evidence. C. A petition for reconsideration is subject to a reconsideration fee as prescribed by resolution of the City Council. At the conclusion of the reconsideration hearing, the City Council may, in its sole discretion, refund all,or a portion, of the reconsideration fee. (Ord. 2027 § 1, 2008; Ord. 2008, 2007; Ord. 1807, § 1, 1999) 2012 S-31 2.90.010 CHAPTER 2.90: DESIGN REVIEW COMMITTEE Section 2.90.010 Established. 2.90.030 Terms of Office. 2.90.020 Purpose. All Design Review members shall have a term of one 2.90.030 Terms of office. year, expiring on January 15th of each year, or until a 2.90.040 Vacancy or removal. successor is duly appointed. (Ord. 2085, § 2(part), 2011; 2.90.050 Chairperson. Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.060 Meeting—Quorum. 2.90.070 Licensed architect. 2.90.040 Vacancy or Removal. 2.90.080 Records—Agendas. Any Design Review Committee member may be 2.90.090 Powers and functions. removed from the committee by a majority vote of the City 2.90.100 Procedural rules. Council. If a vacancy occurs including an expiration of a 2.90.110 Effect. term, it shall be appointed by the Planning Commission. (Ord. 2085, § 2(part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.010 Established. The Design Review Committee(DRC)is established. 2.90.050 Chairperson. The DRC shall consist of the Planning Commission Vice The chairperson shall be the Planning Commission Chair and one additional Planning Commission Vice Chair. The term shall be one year and shall begin on representative,to`be appointed by the Planning Commission. January 15th and be complete on January 15th of the One additional member of the Planning Commission shall be following year,or until a successor is duly appointed. (Ord. designated to serve as an alternate in the absence of a 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. Planning Commission member. This alternate member shall 1817, § 1 (part), 1999) be selected by the Planning Commission. (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 2.90.060 Meeting—Quorum. (part), 1999) A. The DRC shall meet at dates and times prescribed by the committee. Meetings shall be held at City Hall, 2.90.020 Purpose. 10300 Torre Avenue,Cupertino,California. The committee The Design Review Committee shall endeavor to may adjourn any regular meeting to a date certain, which reduce the Planning Commission's workload by simplifying shall be specified in the order of adjournment. When so its design review responsibilities and incorporating adjourned, such meeting shall be a regular meeting for all professional architectural advice where it adds value to the purpose. design review process. The Design Review Committee shall B. Special meetings of the committee may be called include all aspects of site and architectural design,including: at any time by the chairperson or by any member of the A. The relationship of the building to its surrounding committee upon written notice being given to all members land uses and the street; at least twenty-four hours prior to the meeting,unless notice B. Compliance with adopted height limits,setbacks, is waived in writing by each member. architectural and landscape design guidelines; C. Two Design Review Committee members or one C. Protection of surrounding land uses and the member and the designated alternate shall be present to subject uses from intrusive impacts, such as, noise, glare, constitute a quorum for the purpose of transacting the dust, chemicals, smells and visual disturbances; business of the committee. A majority vote of the quorum D. Providing adequate parking and circulation for is required to approve any decision of the committee. A tie vehicles and pedestrians; vote constitutes a denial of any application or request. (Ord. E. The overall quality and compatibility of the 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. building materials and architecture with the surroundings. 1817, § 1 (part), 1999) (Ord. 2085, § 2(part), 2011; Ord. 1844, § 1 (part), 2000) 2012 S-31 69 2.90.070 Cupertino-Administration and Personnel 70 2.90.070 Licensed Architect. A licensed architect shall make recommendations to the committee. The architect shall be selected by the City Council and shall be compensated based upon a contract with the City for a period not exceeding two years. (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.080 Records-Agendas. A. The committee shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Commission directly after each meeting. The appeal of said decision is governed by Chapter 19.12 of the zoning code. The committee shall also comply with all requirements of the State of California Open Meeting Law (the Brown Act), including the preparation and posting of meeting agendas. B. The committee shall be furnished with a secretary employed by the City to keep accurate records of the committee. All records so prepared by the secretary shall be filed with the City Clerk. (Ord. 2085, §2(part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.090 Powers and Functions. The powers and functions of the DRC are as identified in Chapter 19.12 of the zoning code and to perform other functions as the City Council requires. (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.100 Procedural Rules. The DRC may adopt from time to time such rules or procedures as it may deem necessary to properly exercise its powers and functions. Such rules shall be subject to approval by the City Council before becoming effective. All such rules shall be kept on file with the chairperson of DRC and the City Clerk and a copy of the rules shall be furnished to any person upon request. (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.110 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council, Planning Commission or City officers. (Ord. 2085, §2(part),2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2012 S-31 TITLE 9: HEALTH AND SANITATION Chapter 9.04 Restaurants and Food Establishments 9.06 Massage Establishments and Services 9.08 Weed Abatement 9.12 Hazardous Materials Storage 9.16 Recycling Areas 9.18 Stormwater Pollution Prevention and Watershed Protection 9.19 Water Resource Protection 9.20 Off-Site Hazardous Waste Facilities 9.22 Property Maintenance 2012 S-31 1 9.16.010 CHAPTER 9.16: RECYCLING AREAS Section 9.16.010 Purpose. 2. Any residential project where solid waste is 9.16.020 Definitions. collected and loaded in a location serving five or more living 9.16.030 Applicability of regulations. units. 9.16.040 Site development regulations. 3. Any new public facility where solid waste is 9.16.050 Maintenance and collection. collected and loaded, including any improvements to the 9.16.060 Violation-Penalty. areas of a public facility which are used for collecting and loading solid waste. 4. Any subdivisions or tracts of single-family 9.16.010 Purpose. detached homes if, within such subdivisions or tracts there A. All cities and counties are under a legal obligation is an area where solid waste is collected and loaded in a to meet the provisions of the California Integrated Waste location which serves five or more living units. In such Management Act(AB 939), which requires that by January instances, recycling areas as specified in this chapter are 1, 2000, fifty percent of the solid waste generated must be only required to serve the needs of the living units which diverted through source reduction,recycling and composting utilize the solid waste collection and loading area. activities. To divert fifty percent of all solid waste requires B. "Improvement" means a site or building change the participation of the residential, commercial, industrial which adds to the value of a facility,prolongs its useful life, and public sectors, or adapts it to new uses. Improvements do not include B. The lack of adequate areas for collecting and repairs which keep facilities in good operating condition,but loading recyclable materials that are compatible with do not materially add to the value of the facility, and do not surrounding land uses is a significant impediment to substantially extend the life of the facility. diverting solid waste and constitutes an urgent need for State C. "Public facility" means, but is not limited to, and local agencies to address access to solid waste for buildings, structures and outdoor recreation areas owned by source reduction, recycling and composting activities. The a local agency. State Legislature, in passing the California Solid Waste D. "Recycling area" means space allocated for Reuse and Recycling Access Act of 1991 (AB 1327), collecting and loading of recyclable materials. Such areas requires all local agencies to adopt an ordinance by shall have the ability to accommodate receptacles for September 1, 1994 relating to adequate areas for collecting recyclable materials. Recycling areas shall be accessible and loading recyclable materials in development projects. and convenient for those who deposit as well as those who If the local agency fails to act by the deadline, the law collect and load the recyclable materials placed in the requires the agency to enforce the State's model ordinance. receptacles for such materials. The model ordinance has been revised to fit local conditions, E. "Recyclable material" means discards or waste but otherwise complies with AB 1327. (Ord. 2085, § 2 materials that may be separated or mixed, collected and (part), 2011; Ord. 1671, (part), 1994) processed,and used as raw materials for new products. For purposes of this chapter, recyclable materials include any 9.16.020 Definitions. discard or waste material for which there is currently a As used in this chapter: feasible collection system available. (Ord. 2085, §2(part), A. "Development project" means any of the 2011; Ord. 1671, (part), 1994) following: 1. A project for which a building permit is required 9.16.030 Applicability of Regulations. for a commercial, industrial, institutional or quasi-public The site development regulations prescribed in Section building, or residential building having five or more living 9.16.040 shall apply to all development projects which meet units, where solid waste is collected and loaded. the following criteria: 2012 S-31 34A 9.16.030 Cupertino-Health and Sanitation 34B A. Any new development project for which an A. Recycling areas shall not be located in any area application for a building permit is submitted on or after required to be constructed or maintained as unencumbered, September 1, 1994; according to any applicable federal, state or local laws B. Any improvements to areas of a public facility relating to fire, access, building, transportation, circulation used for collecting and loading solid waste; or safety. C. Any existing development project for which an B. Recycling areas shall be located so they are at application for a building permit is submitted on or after least as convenient for those persons who deposit, collect September 1, 1994 for a single alteration which is and load the recyclable materials placed in the receptacles as subsequently performed that adds thirty percent or more to the location(s) where solid waste is collected and loaded. the existing floor area of the development project; Whenever feasible, areas for collecting and loading D. Any existing development project for which an recyclable materials shall be adjacent to the solid waste application for a building permit is submitted on or after collection areas. September 1, 1994 for multiple alterations which are C. The development of recycling areas shall conducted within a twelve-month period which collectively generally comply with the site and design guidelines adopted add thirty percent or more to the existing floor area of the in City Council Resolution No. 9219. development project; D. Any costs associated with adding recycling space E. Any existing development project for which to existing development projects shall be the responsibility multiple applications for building permits are submitted of the project applicant. within a twelve-month period beginning on or after E. Recycling areas for existing multiple tenant September 1, 1994 for multiple alterations which are development projects shall, at a minimum, be sufficient in subsequently performed that collectively add thirty percent capacity, number, and distribution to serve that portion of or more to the existing floor area of the development the development project leased by the tenant who submitted project; an application resulting in the requirement of a recycling F. Any existing development project occupied by area under Section 9.16.030. multiple tenants, one of which submits on or after (Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994) September 1, 1994 an application for a building permit for a single alteration which is subsequently performed that adds 9.16.050 Maintenance and Collection. thirty percent or more to the existing floor area of that Recyclable materials shall not be allowed to portion of the development project which the tenant leases; accumulate such that a visual or public health or safety G. Any existing development project occupied by nuisance is created. The property owner is responsible for multiple tenants, one of which submits on or after arranging the pickup of recyclable materials by the recycling September 1, 1994 an application for a building permit for contractor. Maintenance of each recycling and trash multiple alterations which are conducted within a enclosure is also the responsibility of the property owner. twelve-month period which collectively add thirty percent or The recycling and solid waste contractors are responsible for more to the existing floor area of that portion of the maintenance of their respective bins and containers. development project which the tenant leases; and (Ord. 2085, § 2(part), 2011; Ord. 1671, (part), 1994) H. Any existing development project occupied by multiple tenants, one of which submits within a 9.16.060 Violation—Penalty. twelve-month period beginning on or after September 1, Any person who violates the provisions of this chapter 1994 multiple applications for building permits for multiple shall be guilty of an infraction and upon conviction thereof alterations which are subsequently performed that shall be punished as provided in Chapter 1.12 of this code. collectively add thirty percent or more the existing floor area (Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994) of that portion of the development project which the tenant leases. (Ord. 2085, §2(part), 2011; Ord. 1671, (part), 1994) 9.16.040 Site Development Regulations. Development projects as provided for in Section 9.16.030 shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Structures built to enclose recycling containers, bins and areas are considered accessory structures and are thus subject to the provisions of Chapter 19.108. 2012 S-31 14.18.010 CHAPTER 14.18: PROTECTED TREES Section 14.18.010 Purpose. D. Assist in the absorption of rain waters, thereby 14.18.020 Definitions. preventing erosion of top soil, protecting against flood 14.18.030 Actions prohibited. hazards and the risk of landslides; 14.18.040 Retention promoted. E. Counteract air pollutants by protecting the known 14.18.050 Protected trees. capacity of trees to produce pure oxygen from carbon 14.18.060 Heritage tree designation. dioxide; 14.18.070 Heritage tree list. F. Maintain the climatic balance (e.g., provide 14.18.080 Plan of protection. shade); 14.18.090 Recordation. G. Help decrease potential damage from wind 14.18.100 Heritage tree identification tag. velocities; 14.18.110 Enforcing authority. For the above reasons,the City finds it is in the public 14.18.120 Exemptions. interest, convenience and necessity to enact regulations 14.18.130 Tree Management Plan controlling the care and removal of protected trees within 14.18.140 Application and approval authority the City in order to retain as many trees as possible, for tree removal permit. consistent with the individual rights to develop,maintain and 14.18.150 Director to inspect. enjoy private and public property to the fullest possible 14.18.160 • Application requirements. extent. 14.18.170 Notice and posting. (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1573, 14.18.180 Review and determination of § 2, 1991; Ord. 1543, § 2, 1991) application. 14.18.190 Tree replacement 14.18.020 Definitions. 14.18.200 Retroactive tree removal permit. Unless otherwise stated, the following definitions 14.18.210 Protection during construction. pertain to this chapter. 14.18.220 Protection plan before permit A. "City"means the City of Cupertino situated in the granted. County of Santa Clara, California. 14.18.230 Notice of action on permit-Appeal. B. "Developed residential" means any legal lot of agricultural residential record,zoned single-family,du lex,a 14.18.240 Penalty. P g and residential hillside, with any structure (principal or accessory) constructed thereon. 14.18.010 Purpose. C. "Development application" means an application In enacting this chapter, the City of Cupertino for land alteration or development, including but not limited recognizes the substantial economic, environmental and to subdivision of property, rezoning, architectural and site aesthetic importance of its tree population. Protected trees approval, two-story residential permit, minor residential are considered a valuable asset to the community. The permit, planned development permit, variance, and use protection of such trees in all zoning districts is intended to permit. preserve this valuable asset. The City finds that the D. "Heritage tree" means any tree or grove of trees preservation of protected trees on private and public which, because of factors including, but not limited to, its property,and the protection of all trees during construction, historic value, unique quality, girth, height or species, has is necessary for the best interests of the City and of the been found by the Planning Commission to have a special citizens and public thereof, in order to: significance to the community. A. Protect property values; E. "Owner" shall include the legal owner of real B. Assure the continuance of quality development; property within the City, and any lessee of such owner. C. Protect aesthetic and scenic beauty; 2012 S-31 33 14.18.020 Cupertino-Streets, Sidewalks and Landscaping 34 F. "Person" shall include an individual, a firm, an measured four and one-half feet from natural grade are association,a corporation,a co-partnership,and the lessees, considered Specimen trees: trustees, receivers, agents, servants and employees of any 1. Quercus (native oak tree species), including: such person. a. Quercus agrifolia(Coast Live Oak); G. "Private property" shall include all property not b. Quercus lobata(Valley Oak); owned by the City or any other public agency. c. Quercus kelloggii(Black Oak); H. "Public property"includes all property owned by d. Quercus douglasii(Blue Oak); the City or any other public agency. e. Quercus wislizeni (Interior Live Oak); I. "Protected tree"means any class of tree specified 2. Aesculus californica(California Buckeye); in Section 14.18.050. 3. Acer macrophyllum(Big Leaf Maple); J. "Specimen tree"means any class of tree specified 4. Cedrus deodara(Deodar Cedar); in Section 14.18.050B. 5. Cedrus atlantica 'Glauca' (Blue Atlas Cedar); K. "Tree removal" means any of the following: 6. Umbellularia californica (Bay Laurel or 1. Complete removal, such as cutting to the ground California Bay); and or extraction, of a protected tree; or 7. Platanus racemosa(Western Sycamore). 2. Severe pruning, which means the removal of C. Any tree required to be planted or retained as part more than one-fourth of the functioning leaf and stem area of an approved development application, building permit, of a protected tree in any twelve-month period as determined tree removal permit or code enforcement action in all zoning by the Community Development Director. districts. (Ord. 2085, §2(part),2011; Ord. 2056, (part),2010; Ord. D. Approved privacy protection planting in R-1 2003, 2007; Ord. 1886, (part), 2001; Ord. 1835, (part), zoning districts. 1999; Ord. 1810, (part), 1999; Ord. 1715, (part), 1996; (Ord. 2085, §2 (part), 2011; Ord. 2003, 2007) Ord. 1573, § 3, 1991; Ord. 1543, § 3, 1991) 14.18.060 Heritage Tree Designation. 14.18.030 Actions Prohibited. Application for designation of a heritage tree may only A. It is unlawful to remove or kill any protected tree; be initiated by the owner of property on which the tree is and located, unless the tree is located on public or quasi-public B. It is unlawful to remove any protected tree in any property. Any person may apply for designation of a zoning district without first obtaining a tree removal permit heritage tree if the tree(s) are located on public or as required by this chapter. quasi-public property. An application for a heritage tree (Ord. 2085, §2(part), 2011; Ord. 2003, 2007) designation shall include: 1. Assessor's parcel number of the site; 14.18.040 Retention Promoted. 2. Description detailing the proposed heritage tree's Protected trees are considered an asset to the special aesthetic,cultural,or historical value of significance community and the pride of ownership and retention of these to the community; and species shall be promoted. The Director of Community 3. Photographs of the tree(s). Development may conduct an annual review of the status of Application for designation of a heritage tree shall be heritage trees and report the findings to the Planning referred to the Planning Commission for review and Commission. determination in accordance with Chapter 19.12 of the (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1715, Cupertino Municipal Code. (part), 1996; Ord. 1543, §4.1, 1991) The Planning Commission, may, by resolution, designate a tree or grove of trees as a heritage tree(s). 14.18.050 Protected Trees. (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1715, Except as otherwise provided in Section 14.18.120,the (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, § 4.2, following trees shall not be removed from private or public 1991) property, including street trees subject to Chapter 14.12 of the Cupertino Municipal Code,without first obtaining a tree 14.18.070 Heritage Tree List. removal permit: A heritage tree list shall be created and amended by A. Heritage trees in all zoning districts. resolution. The list shall include the reason for designation, B. All trees of the following species(See Appendix tree circumference, species name, common name, location B)that have a minimum single-trunk diameter of ten inches and heritage tree number. (thirty-one-inch circumference) or minimum multi-trunk (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1543, diameter of twenty inches (sixty-three-inch circumference) §4.3, 1991) 2012 S-31 35 Protected Trees 14.18.080 14.18.080 Plan of Protection. 14.18.120 Exemptions. As part of a development application: The following situations do not require a tree removal A. The approval authority shall adopt a maintenance permit prior to removal: plan for protected trees. It shall be the property owner(s)' A. Removal of a protected tree in case of emergency responsibility to protect the trees. caused by the hazardous or dangerous condition of a tree, B. Privacy protection planting in R-1 zoning districts requiring immediate action for the safety of life or property shall be maintained. Landscape planting maintenance (e.g., a tree about to topple onto a principle dwelling due to includes irrigation, fertilization and pruning as necessary to heavy wind velocities, a tree deemed unsafe, or a tree yield a growth rate expected for a particular species. Where having the potential to damage existing or proposed essential privacy protection planting dies it must be replaced within structures), upon order of the Director of Community thirty days with the location, size and species described in Development, or any member of the sheriff or fire Ordinance No. 1799 (privacy protection) and its appendix. department. However, a subsequent application for tree The affected property owner, with privacy protection removal must be filed within five working days as described planting on his or her lot, is required to maintain the in Sections 14.18.140 through 14.18.160. The Director of required planting and shall be required to comply with Community Development will approve the retroactive tree Section 14.18.090. removal permit application and may require tree (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1810, replacements in conjunction with the approval. No (part), 1999; Ord. 1630, (part), 1993; Ord. 1543, §§ 4.4, application fee or other approval process shall be required 4.5, 1991) in this situation. B. Dead trees, in the opinion of the Director of 14.18.090 Recordation. Community Development. However, a subsequent All protected trees required to be retained as part of a application for a tree removal must be filed within five development application under Section 14.18.050C, except working days as described in Section 14.18.140 through for trees on public property,shall have retention information 14.18.160. The Director of Community Development will placed on the property deed via a conservation easement in approve the retroactive tree removal permit application and favor of the City, private covenant, or other method as may require tree replacements in conjunction with the deemed appropriate by the Director. The recordation shall approval. No application fee or other approval process shall be completed by the property owner prior to final map or be required in this situation. building permit issuance, or at a time as designated by the C. Thinning out/removing of trees in accordance Director of Community Development when not associated with a recorded tree management plan that has been with a final map or building permit issuance. approved in accordance with Section 14.18.130. No tree (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1573, removal permit is required. §4.6, 1991; Ord. 1543, §4.6, 1991) D. Public utility actions,under the jurisdiction of the Public Utilities Commission of the State of California; as 14.18.100 Heritage Tree Identification Tag. may be necessary to comply with their safety regulations,or Heritage trees shall have on them an identification tag, to maintain the safe operation of their facilities. purchased and placed by the City, inscribed with the (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1835, following information: (part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, §7.1, 1991) CITY OF CUPERTINO HERITAGE TREE NO. _ 14.18.130 Tree Management Plan. is protected by the Protected Trees Ordinance. A tree management plan may be approved for a Do not prune or cut property that includes criteria for the removal of certain before contacting the City Planning Department trees in the future by anticipating the eventual growth of at(408) 777-3308. trees on the property and specifying a time frame in which the trees may require removal to prevent overcrowding of (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1543, trees. The property owner shall have retention information § 4.7, 1991) placed on the property in accordance with Section 14.18.090,referring to the approved tree management plan. 14.18.110 Enforcing Authority. For a tree management plan associated with a development The Director of Community Development, or his or application, the tree management plan shall be approved in her authorized representative, shall be charged with the conjunction with the approval of a landscape plan on the enforcement of this chapter. subject property.The tree management plan shall include the (Ord. 2085, § 2(part), 2011) following: 2012 S-31 14.18.130 Cupertino-Streets, Sidewalks and Landscaping 36 A. A tree plan indicating all existing trees to be D. Application for removal of a heritage tree shall be retained and all new trees to be planted that are part of the referred to the Planning Commission for final review and approved landscape plan. determination in accordance with Chapter 19.12. B. Labeling of the species, size in DBH at planting (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1630, time or at time of tree management plan approval, location (part), 1993; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, and eventual growth size of each tree on the plan. § 8.1 (part), 1991) C. A written explanation of the specific tree(s)to be removed to prevent overcrowding, including the eventual 14.18.150 Director to Inspect. growth size in DBH at which time the tree is to be removed, Upon receipt of an application for removal of a and a time frame in which the tree(s)will reach the eventual protected tree, the Director of Community Development or growth size. his or her authorized representative will, within fourteen The tree management plan shall be approved by the days, inspect the premises and evaluate the request pursuant authority approving the landscape plan prior to recordation to Section 14.18.180 of this chapter. Priority of inspection of the tree management plan. The Director of Community shall be given to those requests based on hazard or disease. Development shall review and approve the tree management The Director of Community Development may refer any plan where no landscape plan is required. such application to another department or to the Planning Trees that are listed to be removed in the tree Commission or an appropriate committee of the City for a management plan may be removed within the specified time report and recommendation. Where appropriate, the frame per the tree management plan without a tree removal Director of Community Development may also require the permit, except for trees designated as heritage trees. No applicant, at his or her own expense, to furnish a report heritage trees shall be permitted to be removed in from an arborist certified by the International Society of conjunction with an approved tree management plan. Arboriculture. (Ord. 2085, §2(part), 2011; Ord. 2003, 2007) (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, § 8.1 (part), 1991) 14.18.140 Application and Approval Authority for Tree Removal Permit. 14.18.160 Application Requirements. A. No person shall directly or indirectly remove or A request for removal of any heritage or protected tree cause to be removed any protected tree without first shall include the following: obtaining a tree removal permit,unless such tree removal is A. Application information. Application for a tree exempt per Section 14.18.130. Application for a tree removal permit shall be available from and filed with the removal permit shall be filed with the Department of Community Development Department and shall contain the Community Development on forms prescribed by the following information, unless waived by the Director of Director of Community Development and shall state the Community Development: number and location of the trees to be removed, and the 1. A written explanation of why the tree(s)should be reason for removal of each. removed; B. Applications for protected tree removal shall be 2. Photograph(s)of the tree(s); referred to the Director of Community Development for 3. An arborist report from an arborist certified by final review and determination in accordance with Chapter the International Society of Arboriculture when required by 19.12, except for heritage tree removals and tree removals the Director of Community Development; in conjunction with development applications. The Director 4. Signature of the property owner and homeowner's of Community Development may approve, conditionally association (when applicable) with proof of a vote of the approve, or deny the application for a tree removal permit. homeowner's association; A tree replacement requirement may be required in 5. Replanting plan; conjunction with the tree removal permit. The applicable 6. Other information deemed necessary by the tree removal permit fee shall apply. Director of Community Development to evaluate the tree C. Application for tree removals in conjunction with removal request; a development application shall be considered by the 7. Permit fee, where applicable; approval authority concerning the same property as the affected tree removal permit application, and the determination on the tree removal permit shall be made concurrently by the approval authority. 2012 S-31 37 Protected Trees 14.18.160 8. Tree survey plan indicating the number, 14.18.190 Tree Replacement. location(s), variety and size (measured four and a half feet A. The approval authority may impose the following above grade)of tree(s)to be removed. replacement standards for approval of each tree to be (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1835, removed in conjunction with an approved tree removal (part), 1999; Ord. 1715, (part), 1996; amended during permit,unless deemed otherwise by the approval authority: 12/93 supplement; Ord. 1630, (part), 1993; Ord. 1543, Replacement trees,of a species and size as designated by the § 8.1 (part), 1991) approval authority and consistent with the replacement value of each tree to be removed, shall be planted on the subject 14.18.170 Notice and Posting. property on which the tree(s) are to be removed. The A. Notice shall be provided as indicated in Section approval authority shall work with the applicant/property 19.12.030. owner of the tree removal permit to determine the location B. A notice shall be posted in accord with the of the replacement tree(s). Table A may be used as a basis requirements of 19.12.110(F). for this requirement.The person requesting the tree removal C. Where approval of a tree removal permit is permit shall pay the cost of purchasing, planting and granted by the City, the property owner shall post the tree maintaining the replacement trees. removal permit on site until the tree is removed or shall B. If a replacement tree for the removal of a present proof of the tree removal permit upon request. non-heritage tree or tree with trunk size equal to or less than (Ord. 2085, § 2(part), 2011; Ord. 2003, 2007) thirty-six inches cannot be reasonably planted on the subject property, an in-lieu tree replacement fee based upon the 14.18.180 Review and Determination of Application. purchase and installation cost of the replacement tree as A. The approval authority shall approve a tree determined by the Director of Community Development removal permit only after making at least one of the shall be paid to the City's tree fund to: following findings: 1. Add or replace trees on public property in the 1. That the tree or trees are irreversibly diseased, vicinity of the subject property; or are in danger of falling, can cause potential damage to 2. Add trees or landscaping on other City property. existing or proposed essential structures, or interferes with C. For removal of a heritage tree or tree with a trunk private on-site utility services and cannot be controlled or size greater than thirty-six inches, the in-lieu tree remedied through reasonable relocation or modification of replacement fee shall be based upon the valuation of the the structure or utility services; removed tree by using the most recent edition of the ISA 2. That the location of the trees restricts the Guide for Plant Appraisal published by the Council of Tree economic enjoyment of the property by severely limiting the and Landscape Appraisers. use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the Table A-Replacement Tree Guidelines applicant has demonstrated to the satisfaction of the approval - authority that there are no reasonable alternatives to Trunk Size of Removed Replacement Trees preserve the tree(s). Tree (Measured 41/2 feet 3. That the protected tree(s) are a detriment to the above grade) subject property and cannot be adequately supported according to good urban forestry practices due to the Up to 12 inches One 24" box tree overplanting or overcrowding of trees on the subject property. Over 12 inches and up to Two 24" box trees B. The approval authority may refer the application 18 inches to another department or commission for a report and Over 18 inches and up to Two 24" box trees or recommendation. 36 inches One 36" box tree C. The approval authority shall either approve, conditionally approve or deny the application. Over 36 inches One 36" box tree D. The approval authority may require a tree replacement requirement in conjunction with a tree removal Heritage tree One 48" box tree permit. (Ord. 2085, §2(part), 2011) (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1573, §9.1, 1991; Ord. 1543, §9.1, 1991) 2012 S-31 14.18.200 Cupertino-Streets, Sidewalks and Landscaping 38 14.18.200 Retroactive Tree Removal Permit. B. Any decision made by the approval authority on An application for a retroactive tree removal shall be the tree removal application may be appealed in accordance required for any protected tree removed prior to approval of with Chapter 19.12. a tree removal permit.The application shall be filed with the (Ord. 2085, §2(part), 2011) Department of Community Development on forms prescribed by the Director of Community Development and 14.18.240 Penalty. shall be subject to the requirements of a tree removal Violation of this chapter is deemed a misdemeanor permit. The application shall pay a retroactive tree removal unless otherwise specified. Any person or property owners, permit fee. or his or her agent or representative who engages in tree (Ord. 2085, §2(part), 2011; Ord. 2003, 2007) cutting or removal without a valid tree removal permit is guilty of a misdemeanor as outlined in Chapter 1.12 of this 14.18.210 Protection During Construction. code and/or may be required to comply with Sections Protected trees and other trees/plantings required to be 14.18.140 and 14.18.160. Notwithstanding any other retained by virtue of a development application, building provisions of this section,the unauthorized removal of a tree permit, or tree removal permit shall be protected during planted solely for privacy protection purposes pursuant to demolition, grading and construction operations. The Section 14.18.080(C) shall constitute an infraction. applicant shall guarantee the protection of the existing tree(s) (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1810, on the site through a financial instrument acceptable to the (part), 1999; Ord. 1731, (part), 1996; Ord. 1543, § 12.1, Director of Community Development. 1991) (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1543, § 10.1, 1991) 14.18.220 Protection Plan Before Permit Granted. A. A plan to protect trees described in Section 14.18.210 shall be submitted to the Director of Public Works and to the Director of Community Development prior to issuance of a demolition,grading or building permit. The plan shall be prepared and signed by a licensed landscape architect or arborist certified by the International Society of Arboriculture and shall be approved by the Director of Community Development. The Director of Community Development shall evaluate the tree protection plan based upon the tree protection standards contained in Appendix A at the end of this chapter. B. The Director of Community Development may waive the requirement for a tree protection plan both where the construction activity is determined to be minor in nature (minor building or site modification in any zone)and where the proposed activity will not significantly modify the ground area within the drip line or the area immediately surrounding the drip line of the tree. The Director of Community Development shall determine whether the construction activity is minor in nature and whether the activity will significantly modify the ground area around the tree drip line. (Ord. 2085, §2(part), 2011; Ord. 2003, 2007; Ord. 1543, § 10.2, 1991) 14.18.230 Notice of Action on Permit—Appeal. A. Notice of the decision on an application for a protected tree removal permit by the approval authority shall be mailed to the applicant. 2012 S-31 38A Protected Trees Appendix A APPENDIX A STANDARDS FOR THE PROTECTION OF TREES DURING GRADING AND CONSTRUCTION OPERATIONS The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.18.220 of Chapter 14.18. The standards are broad. A licensed landscape architect or International Society of Arboriculture certified arborist shall be retained to certify the applicability of the standards and develop additional standards as necessary to ensure the property care, maintenance, and survival of trees designated for protection. Standards 1. A site plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading should not ;$ignificantly raise or lower the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the drip line, the architect/arborist shall address and mitigate the impact to the tree(s). 2. All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during construction operations by constructing a four-foot-high fence around the drip line, and armor as needed. The extent of fencing and armoring shall be determined by the landscape architect. The tree protection shall be placed before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work. 3. No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is authorized by the Director of Community Development. 4. If trenching is required to penetrate the protection barrier for the tree,the section of trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an arborist shall be completed. 5. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. 6. The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. 7. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. 8. The general contractor shall use a tree service licensee, as defined by California Business and Professional Code, to prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architect/arborist with approval of staff. 9. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. 10. No storage of construction materials or parking shall be permitted within the drip line area of any tree designated to be saved. 11. Tree protection regulations shall be posted on protective fencing around trees to be protected. (Ord. 2085, § 2 (part), 2011; Ord. 2003, 2007) 2012 S-31 TITLE 16: BUILDINGS AND CONSTRUCTION Chapter 16.04 Building Code Adopted 16.06 Residential Code Adopted 16.08 Excavations, Grading and Retaining Walls 16.12 Soils and Foundations 16.16 Electrical Code Adopted 16.20 Plumbing Code Adopted 16.24 Mechanical Code Adopted 16.28 (Reserved) 16.32 Swimming Pools 16.36 Moving Buildings 16.40 Fire Code 16.42 Regulation of Facilities Where Materials Which Are or May Become Toxic Gases Are Found 16.52 Prevention of Flood Damage 16.54 Energy Code Adopted 16.56 Uniform Housing Code Adopted 16.58 Green Building Standards Code Adopted 16.60 Building Conservation Code Adopted 16.70 Uniform Code for the Abatement of Dangerous Buildings Code Adopted 16.72 Recycling and Diversion of Construction and Demolition Waste 16.74 Wildland Urban Interface Fire Area 16.80 Safety Assessment Placards 2012 S-31 1 21 Excavations, Grading,And Retaining Walls 16.08.200 G. Retaining Wall Construction. All retaining walls calculations and a signed certification testifying to their constructed within the city shall be subject to the following adequacy for intended use and durability. Such designs shall standards and restrictions and shall be designed in be checked and approved by the Director. accordance with the provisions of the latest adopted Uniform All retaining walls must be approved by the Director Building Code and recognized soils engineering principles prior to issuance of any building permit on the property. and shall be approved by the Director. The following Plan-checking Retaining Wall Fee. There shall be a outlines the restrictions: plan-checking fee for retaining walls as specified in the 1. Property Line Setback Material Restrictions. Any latest adopted Resolution. retaining wall which is at or within twice its retained height 6. Retaining Wall Screening. Retaining walls in (2xH) from any property line shall be constructed from excess of five feet shall be screened with landscape materials materials other than wood. This restriction shall supersede and/or faced with decorative materials subject to the any and all other provisions of this section. approval of the Director of Community Development. 2. Retaining Wall Height Restrictions. If the H. Supported Parking Slabs and Decks. This section retained height of a wall exceeds three feet, then the shall apply only to driveway or related structures in excess following restrictions shall apply: of five feet from buildings. a. Any vertical structural member which resists the Any and all columns, beams or joists required or overturning forces imposed by the retained fill shall be installed as load-carrying members in the support of slabs or constructed of materials other than wood. If, however, in decks, subject to vehicular loading, shall be constructed of the opinion of the Director,the use of any wood members is materials as or more durable than the materials used in a hazard, then all components shall be constructed of constructing the slab or deck. Treated or untreated wood is materials other than wood. defined to be the least durable of concrete,steel,or concrete b. If the retained height of a wall exceeds eight feet, block construction. then no wood material may be used in its construction, The minimum City-stipulated loadings that can be used unless approved by the City Council. shall be 1110-44 as defined in the latest adopted, "The 3. Special Loadings and Wheel Loadings (Fire Standard Specifications for Highway Bridges" of the Trucks). Whenever retaining walls are adjacent to restricted A.A.S.H.O. (Ord. 2085, § 2 (part), 2011; Ord. 1777, or unrestricted vehicular traveled ways,the minimum truck (part), 1998; Ord. 1143, Exh. A (part), 1981) wheel loadings shall be H10-44 as defined in the latest adopted "Standard Specifications for Highway Bridges" of 16.08.210 Grading Permit—Limitations and the A.A.S.H.O. The active pressure distribution shall be Conditions. subject to approval by the Director. A. General. The issuance of a grading permit shall 4. Special Backfill Surcharges. The Director shall constitute an authorization to do only that work which is have the right to request a soils engineer to review and approved by the Director and to do such work in conformity provide special design values for the type and magnitude of with the approved plan. backfill loadings on retaining walls. B. Jurisdiction of Other Agencies. Permits issued 5. City Details. The walls outlined in Figures under the requirements of this chapter shall not relieve the 16.08.200B and 16.08.200C may be used without additional owner of responsibility for securing required permits for structural calculations, if in the opinion of the Director, no work to be done which is regulated by any other ordinance, special site or soils conditions exist. The application of the code, department or division of the city. Compliance with standard wall details are subject to the restrictions outlined other agency requirements is mandatory, if applicable. in subdivisions 1 and 2 of this subsection. C. Time Limits. Permits issued under this chapter See Figure 16.08.200A for clarification of subdivisions shall be valid for the period during which the approved 1 through 4 of this subsection. grading, filling, and stockpiling of soil, clearing or any Design and Construction Responsibility. Retaining other stockpiling of soil, clearing or any other activity walls constructed in accordance with City Standards will be governed by this permit, takes place or is scheduled to take accepted without further design computations; however, it place, whichever is shorter. Permittee shall commence is the civil engineer's responsibility to assure himself as to permitted activities within sixty days of the scheduled the adequacy of these designs in the use for which he or she commencement date for grading or the permittee shall intends. Soil conditions, surcharge, and construction resubmit all required application forms, maps, plans, methods and quality are still his or her responsibility and schedules and security to the Director. The Director may nothing in this chapter shall be construed as relieving him or require additional fees. her of this responsibility. D. Schedule. Permittee shall do the work according Nothing in this chapter shall prevent the engineer from to the approved schedule. submitting additional designs that are accompanied by design 2012 S-31 16.08.210 Cupertino-Buildings and Construction 22 E. Storm Damage Precautions. All persons C. Protection of Adjacent Property. The permittee performing any grading operations shall put into effect all is responsible for the prevention of damage to adjacent necessary precautions to protect persons' life, limb, health property and no person shall excavate on land sufficiently and welfare and private or public property of others from close to the property line to endanger any adjoining public damage of any kind, and to prevent the introduction of street, sidewalk, alley, or other public or private property excessive sediment into any natural or manmade waterway without supporting such property from settling,cracking,or or drainage facility. other damage which might result. F. Inclement Weather and Wet Season (Winter) D. Requirements for Supervised and Regular Grading. The Director shall have the authority to stop Grading. For both supervised and regular grading, the grading during periods of inclement weather when weather- permittee,or his designated agent or the civil engineer shall: generated problems are not being controlled adequately. No 1. Notify the Director at least forty-eight hours in grading shall occur during the wet season of the year advance of the commencement of grading, filling, (October 1 of one year through April 15 of the following stockpiling of soil, clearing or any other activity governed year), unless authorized in advance by a winter grading by the permit. permit issued by the Director. 2. Submit to the Director, reports on: If processed separately from the original grading a. Any delays in grading, filling activities, permit for a site, a winter grading permit fee and winter stockpiling of soil, clearing or any other activity governed grading permit bond will be assessed at the same rate as a by the permit; standard grading permit. b. Any other departures from the approved site map Safety Precautions. and grading plan which may affect implementation of the A. If at any stage of the work the Director interim plan as scheduled; determines by inspection that further grading as authorized c. Possible delays in obtaining materials,equipment is likely to endanger any private or public property or result services or manpower necessary to the implementation of in the deposition of debris on any public way or interfere the interim plan as scheduled; with any existing drainage course,the Director may require, d. Any delays in the implementation of the interim as a condition to allowing the work to continue or to be plan as scheduled; completed, that such reasonable safety precautions be taken e. Any other departures from implementation of the as he considers advisable to avoid such likelihood of danger. interim plan; B. Notice to comply shall be submitted to the f. The progress of the work on a monthly basis. permittee in writing. After a notice to comply is (Ord. 1143, Exh. A (part), 1981) transmitted, a period of ten days shall be allowed for the contractor to begin to make the corrections, unless an 16.08.230 Grading Supervision. imminent hazard exists, in which case the corrective work A. Supervised Grading Required. Permittee shall shall begin immediately. comply with the order to modify within the period specified C. If the Director finds any existing conditions not as in the notice. All grading in excess of one thousand cubic stated in the grading permit or approved plans,he may order yards shall be performed under the supervision of a civil the work stopped and refuse to approve further work until engineer and shall be designated "Supervised Grading." approval is obtained for a revised grading plan which will Grading not supervised in accordance with this section shall conform to the existing conditions. (Ord. 1944,2004;Ord. be designated "Regular Grading." For grading involving 1143, Exh. A (part), 1981) less than one thousand cubic yards on a site having an average slope of less than ten percent, the permittee may 16.08.220 Permittee—Responsibility. elect to have the grading performed as either supervised A. Compliance with Plans and Requirements. All grading or regular grading. permits issued hereunder shall be presumed to include the B. Supervised Grading Requirements. For provision that the applicant, his agent, contractors or supervised grading, it shall be the responsibility of the civil employees, shall carry out the proposed work in accordance engineer to supervise and coordinate all site inspection and with the approved plans and specifications and in compliance testing during grading operations. Soils and geology reports with all the requirements of this chapter. shall also be required as specified in subsections C and D of B. Protection of Utilities. During grading operations Section 16.08.060. All necessary reports,compaction data, the permittee shall be responsible for the prevention of and soils engineering and engineering geological damage to any public utilities or services. This recommendation shall be submitted to the Director by the responsibility applies within the limits of grading and along supervising civil engineer. any routes of travel of equipment. 2012 S-31 22A Excavations, Grading And Retaining Walls 16.08.230 In addition to performing as required above, the permittee shall notify the Director,at least forty-eight hours beforehand of the beginning of land-disturbing or fill activities or stockpiling of soil. C. Regular Grading Requirements. The Director shall inspect the work and require adequate observation and testing. When a soils report is required the soils engineer shall do the observation and testing. Periodic observation and test reports showing the compaction and acceptability of all fills shall be required, except as exempted by Section 16.08.120A. These shall include but not be limited to observation of cleared areas and benches prepared to receive fill and removal of all soil and unsuitable materials, the placement and compaction of fill materials; the bearing capacity of the fill to support structures,and the observation or review of the construction of retaining walls,subdrains,drainage devices,buttress fills and other similar measures. 2012 S-31 18.04.010 CHAPTER 18.04: GENERAL PROVISIONS Section 18.04.010 Citation and authority. 18.04.040 Application. 18.04.020 Purpose. The regulations set forth in this title shall apply to all 18.04.030 Conformity to General Plan, specific subdivisions or parts thereof, including the conversions of plan and zoning ordinances. existing multiple-family rental housing to condominiums, 18.04.040 Application. community apartments or stock cooperatives within the City, 18.04.050 Modification of requirements. and to the preparation of subdivision maps thereof and to other maps provided for by the Map Act. Each subdivision and each part thereof lying within the City shall be made and 18.04.010 Citation and Authority. each map shall be prepared and presented for approval as This title is adopted to supplement and implement the provided. (Ord. 2085, §2(part),2011;Ord. 1384, Exhibit Subdivision Map Act, Section 66410 et seq. of the A (part), 1986) Government Code ("Map Act"), and may be cited as the Subdivision Ordinance of the City. (Ord. 2085, §2(part), 18.04.050 Modification of Requirements. 2011; Ord. 1384, Exhibit A (part), 1986) Whenever, in the opinion of the Director of Community Development, the land involved in any 18.04.020 Purpose. subdivision is of size or shape, or is subject to title It is the purpose of this title to regulate and control the limitations of record, or is affected by such topographical division of land within the City and to supplement the location or conditions, or is to be devoted to a use that it is provisions of the Map Act concerning the design, impossible or impracticable in the particular case for the improvement and survey data of subdivisions, the form and subdivider to conform fully to the regulations contained in content of all maps provided for by the Subdivision Map Act this title, the Director of Community Development may and the procedure to be followed in securing the official make modifications as, in his or her opinion,are reasonably approval of the Planning Commission, the City Engineer, necessary or expedient and in conformity with the Map Act. the Department of Planning and Development and City (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), Council regarding such maps. To accomplish this purpose, 1986) the regulations outlined in this title are determined to be necessary for the preservation of the public safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to insure provisions for adequate traffic circulation,utilities and services. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A(part), 1986) 18.04.030 Conformity to General Plan, Specific Plan and Zoning Ordinances. A. No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the City permitted by the zoning title or other applicable provisions of the City. B. The type and intensity of land as shown on the General Plan shall determine the type of streets, roads, highways,utilities and public services that shall be provided by the subdivider. (Ord. 2085, §2(part),2011;Ord. 1384, Exhibit A (part), 1986) 2012 S-31 3 18.08.010 CHAPTER 18.08: DEFINITIONS AND RESPONSIBILITIES Section 18.08.010 Definitions. subdivision that are necessary to insure conformity with or 18.08.020 City Attorney-Responsibilities. implementation of the General Plan or any adopted specific 18.08.030 City Council-Responsibilities. plan. 18.08.040 City Engineer-Responsibilities. "Environmental Impact Report(EIR)"means a detailed 18.08.050 Department of Community statement setting forth the environmental effects and Development-Responsibilities. consideration pertaining to a project as specified in the 18.08.060 Planning Commission- California Environmental Quality Act, Public Resources Responsibilities. Code Section 21000 et seq., and may mean either a draft or a final EIR. "Final map" means a map showing a subdivision for 18.08.010 Definitions. which a tentative and fmal map is required by the Map Act "Average slope" is obtained by use of the following or this title, prepared in accordance with the provisions of mathematical equation. this title and the Map Act designed to be recorded in the office of the County Recorder. S = I x L x 100 "Improvement"means and refers to street work,storm A utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public • S = Average slope of ground in percent; or private streets, highways, ways, easements, subdivision as are necessary for the general use of the lot owners of the I = Contour interval in feet; subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and L = Combined length in feet of all contours in acceptance of the final map; or to other specific parcel; improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by A = Area of parcel and square feet. private utilities by any other entity approved by the local agency or by a combination thereof, is necessary or "Benefitted property"means a parcel of real property, convenient to insure consistency with or implementation of or any part thereof,which adjoins a street facility which was the General Plan or any adopted specific plan. installed by an initial developer. "Initial developer" means any person, including the "Condominium" means an estate in real property City,who installs off-site street facilities which benefit other consisting of an undivided interest in common in a portion parcels incident to or as a condition of the approval of a of a parcel or real property together with a separate interest final map, final parcel map or conditional certificate of in space as more particularly described in Civil Code compliance. Sections 783 and 1351. "Lot"means a parcel or portion of land separated from "Conversion"means the creation of separate ownership other parcels or portions by description, as on a subdivision of existing real property together with a separate interest in or record of survey map, or by metes and bounds, for space of residential, industrial or commercial buildings. purpose of sale, lease or separate use. "Design" means: 1. Street alignments, grades and "Lot line adjustment" means a minor shift of an widths; 2. Drainage and sanitary facilities and utilities, existing lot line where land is taken from one parcel and including alignments and grades thereof; 3. Location and added to an adjoining parcel or other adjustments where a size of all required easements and rights-of-way; 4. Fire greater number of parcels than originally existed is not roads and fire breaks; 5. Lot size and configuration; 6. created, as approved by the City Engineer or authorized Traffic access;7. Grading; 8. Land to be dedicated for park representative. or recreational purposes; and 9. Other specific physical "Merger"means the joining of two or more contiguous requirements in the plan and configuration of the entire parcels of land under one ownership into one parcel. 2012 S-31 5 18.08.010 Cupertino-Subdivisions 6 "Map Act" means the Subdivision Map Act "Subdivision improvement standards" means standard Government Code Section 66410-66499.58 of the State of details, standard specifications, and other standards California. approved by the City Engineer that shall govern the "Parcel map" means a map showing a division of land improvements to be constructed pursuant to this title and the of four or less parcels as required by this title, prepared in Map Act. accordance with the provisions of this title and the Map Act. "Tentative map" means and refers to a map made for "Remainder" means that portion of an existing parcel the purpose of showing the design and improvements of a which is not included as part of the subdivided land. The proposed subdivision and the existing conditions in and remainder is not considered as part of the subdivision but around it and need not be based upon an accurate or detailed must be shown on the required maps as part of the area final survey of the property. surrounding subdivision development.A remainder shall not "Vesting tentative map" means a tentative map in be counted as a parcel for the purpose of determining compliance with Government Code Section 66498.1 et seq. whether a parcel map is required or final map is required. for a residential subdivision, as defined in this title, that A remainder may be sold without further requirement of its shall have printed conspicuously on its face the words filing of a parcel map or final map;provided,however,that "Vesting Tentative Map"at the time it is filed in accordance the owner must obtain from the City a certificate of with Section 18.28.040, and is thereafter processed in compliance or conditional certificate of compliance as accordance with the provisions hereof. provided for in Chapter 18.48. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), "Reversion to acreage" means the dissolution of a 1986) previously approved and recorded subdivision. A reversion to acreage shall result in the merger of all lots created by the 18.08.020 City Attorney-Responsibilities. subdivision and reestablishment of the lot lines as they The City Attorney shall be responsible for approving existed prior to the subdivision. Any modification of lot as to form all subdivision improvement agreements. lines or merger of parcels comprising less than the whole of (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), the parcel originally subdivided,or establishing any lot lines 1986) other than those existing prior to the subdivision, shall be deemed a new subdivision and not a reversion to acreage. 18.08.030 City Council-Responsibilities. "Street facilities"means a public street installed within The City Council shall have final jurisdiction in the the City or any part thereof including,but not limited to the approval or denial of tentative subdivision maps and final street surface,street base,street sub-base,sidewalks,curbs, maps and improvement agreements and the acceptance by gutters,storm drains,street lights,street signs,landscaping, the City of such lands and/or improvements as may be sound walls and other facilities necessary and appurtenant proposed for dedication to the City for subdivisions. thereto. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), "Subdivider" means a person, firm, corporation, 1986) partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for 18.08.040 City Engineer-Responsibilities. itself or for others;except that employees and consultants of The City Engineer shall be responsible for: such persons or entities, acting in such capacity, are not A. Establishing design and construction details, subdividers. standards and specifications; "Subdivision" means the division, by any subdivider, B. Determining if proposed subdivision of any unit or units of improved or unimproved land,or any improvements comply with the provisions of this title and portion thereof, shown on the latest equalized county the Map Act and for reporting the findings together with any assessment roll as a unit or as contiguous units, for the recommendations for approval, conditional approval or purpose of sale, lease or financing, whether immediate or denial of the tentative map to the Director of Community future. Property shall be considered as contiguous units, Development; even if it is separated by roads, streets,utility easements or C. The processing and certification of final maps, railroad rights-of-way. "Subdivision" includes a reversion to acreage maps, and amended maps; the condominium project, as defined in Civil Code Section processing and approval of subdivision improvement plans, 1351(1),a community apartment project,as defined in Civil lot line adjustments and certificates of compliance; Code Section 1351(m), or the conversion of five or more D. Examining and certifying that final maps are in existing dwelling units to a stock cooperative, as defined in substantial conformance to the approved tentative map; Section 11003.2 of the Business and Professions Code. E. The inspection and approval of subdivision improvements; 2012 S-31 7 Definitions and Responsibilities 18.08.040 F. The City Engineer shall have final jurisdiction in the approval or denial of the following for applications involving the subdivision of one parcel into four or less parcels: 1. Final parcel maps; 2. Improvement agreements; and 3. The acceptance by the City of such lands and/or improvements as may be proposed for dedication to the City. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.08.050 Department of Community Development-Responsibilities. The Department of Community Development shall be responsible for: 1. The processing of tentative maps and tentative parcel maps and mergers; 2. Approval authority for tentative parcel maps involving the subdivision of one parcel into four or less parcels; and 3. Approval authority for tentative parcel maps involving consolidation of four or less parcels into one parcel. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.08.060 Planning Commission-Responsibilities. Except as otherwise provided, the Planning Commission shall be responsible for recommending approval or denial to the City Council for tentative subdivision maps. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 18.12.010 CHAPTER 18.12: MAPS REQUIRED Section 18.12.010 General-Exclusions. G. Any separate assessment under 2188.7 of the 18.12.020 Division of land-Five or more Revenue and Tax Code; parcels. H. Unless a parcel or final map was previously 18.12.030 Division of land-Four or less approved by the City or its predecessor jurisdiction, the parcels. conversion of a community apartment project, or a stock 18.12.040 Fees and deposits. cooperative to a condominium as specified in Government Code Section 66412(g) and(h); 18.12.010 General-Exclusions. I. The leasing of,or the granting of an easement to, The necessity for tentative maps,final maps and parcel a parcel of land, or any portion thereof, in conjunction with maps shall be governed by the Map Act and the provisions the financing,erection, and sale or lease of a wind-powered of this chapter. Maps are not required for the following: electrical generation device on the land, if the project is A. Short-term leases (terminable by either party on subject to other discretionary approval by the City; not more than thirty days' notice in writing)of a portion of J. The leasing or licensing of a portion of a parcel, the operating right-of-way of a railroad corporation defined or the granting of an easement, use permit, or similar right by Public Utilities Code Section 230, unless a showing is on a portion of parcel,to a telephone corporation as defined made in individual cases, under substantial evidence, that in Section 234 of the Public Utilities Code, exclusively for public policy necessitates the application of such regulations the placement and operation of cellular radio transmission to such short-term leases in such individual cases; facilities, including, but not limited to, antennae support B. The financing or leasing of apartments, offices, structures, microwave dishes, structures to house cellular stores, or similar space within apartment buildings, communications transmission equipment, power sources, industrial buildings, commercial buildings, mobile home and other equipment incidental to the transmission of parks or trailer parks; cellular communications, if the project is subject to C. Mineral, oil or gas leases; discretionary action by the advisory agency or legislative D. Land dedicated for cemetery purposes under the body; Health and Safety Code; K. Leases of agricultural land for agricultural E. Lot line adjustments between four or fewer purposes. As used in this subdivision, "agricultural existing adjacent parcels where land taken from one parcel purposes" means the cultivation of food or fiber or the is added to the adjoining parcel, and where a greater or grazing or pasturing of livestock; lesser number of parcels than originally existed is not L. The leasing of, or granting of an easement to, a thereby created, and provided that the lot line adjustment is parcel of land, or any portion or portions thereof, in reviewed and approved by the City Engineer, subject to conjunction with the financing,erection,and sale or lease of appeal to the City Council,within fourteen days of decision. a solar electrical generation device on the land,if the project The review is limited to a determination of whether or not is subject to review under City ordinances regulating design the parcels resulting from the lot line adjustment will and improvement or,if the project is subject to review under conform to the City's zoning and building ordinances and other local agency ordinances regulating design and any conditions imposed thereby shall be limited to those improvement or, if the project is subject to other which are required for conformance to the City's zoning and discretionary action by the City; building ordinances,or to facilitate the relocation of existing M. The leasing of, or granting of an easement to, a utilities, infrastructure or easements and the lot line parcel of land or any portion or portions of land in adjustment shall be recorded in a deed; conjunction with a biogas project that uses, as part of its F. Boundary line or exchange agreement to which operation, agricultural waste or byproducts from the land the State Lands Commission or other agency holding a trust where the project is located and reduces overall emission of grant of tide and submerged lands is a party; greenhouse gases from agricultural operations on the land if 2012 S-31 9 18.12.010 Cupertino-Subdivisions 10 the project is subject to review under other local agency supply availability, environmental protection, and other ordinances regulating design and improvement or if the requirements of any City ordinance and the Map Act. project is subject to discretionary action by the City. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 1986) 18.12.040 Fees and Deposits. 18.12.020 Division of Land—Five or More Parcels. All persons submitting maps as required by this title A. A tentative map and final map shall be required shall pay all fees and/or deposits as provided by the City's for all subdivisions of land creating five or more parcels, resolution establishing fees and charges, or as provided by five or more condominiums as defined in Civil Code Section this title. 783 and 1351, a community apartment project containing (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), five or more parcels, or for the conversion of a dwelling to 1986) a stock cooperative containing five or more dwelling units, except where: 1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or 2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or 3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development,and which has the approval of the governing body 4s to street alignments and widths; or 4. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section; or 5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2. B. A parcel map shall be required for subdivisions described in subsections A(1) — (4). (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.12.030 Division of Land—Four or Less Parcels. A. A parcel map shall be required for all subdivisions of land creating four or less parcels. A parcel map shall not be required for land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map. B. The City Engineer may waive the parcel map upon making a finding that the proposed division of land complies with City requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water 2012 S-31 18.16.010 CHAPTER 18.16: SUBDIVISION MAPS (FIVE OR MORE PARCELS) Section Article I. Tentative Subdivision Maps. Article I. Tentative Subdivision Maps. 18.16.010 Form and contents. 18.16.020 Submittal to Department of 18.16.010 Form and Contents. Community Development. The tentative map shall be prepared in a manner 18.16.030 Department of Community acceptable to the Department of Community Development, Development Action. shall be prepared by a registered civil engineer or licensed 18.16.040 Action of Community Development surveyor, and shall be accompanied by those data and Director-Notice of Public Hearings. reports required by the Department of Community 18.16.050 Action of Planning Development. Commission-Recommending (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), approval-Required findings. 1986) 18.16.060 Action of Planning Commission-Recommending denial 18.16.020 Submittal to Department of Community upon certain fmdings. Development. 18.16.070 Action of City Council. A. The tentative map shall be considered for filing 18.16.080 Extension of time for Planning only when such map conforms to Section 18.16.010 and Commission or City Council action. when all accompanying data or reports, as required by the 18.16.090 Expiration. Department of Community Development have been 18.16.100 Extensions. submitted and accepted by the Department of Community 18.16.110 Amendments to approved tentative Development. map. B. The subdivider shall file with the Department of Community Development the number of tentative maps the Article H. Final Maps. Director of Community Development may deem necessary. 18.16.120 General. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 18.16.130 Survey required. 1986) 18.16.140 Form. 18.16.150 Contents. 18.16.030 Department of Community 18.16.160 Submittal for City Development Action. approval-Preliminary submittal. A. The Department of Community Development 18.16.170 Submittal for City approval-City shall forward copies of the tentative map to the affected Engineer's review. public agencies which may, in turn, forward to the 18.16.180 Submittal for City Department of Community Development their fmdings and approval-Approval by the City recommendations thereon.Public utilities and agencies shall Engineer. certify that the subdivision can be adequately served. 18.16.190 Submittal for City B. Within five days of the tentative map application approval-Approval by City Council. being determined to be complete pursuant to Government 18.16.200 Submittal for City approval-Denial Code Section 65943, the local agency shall send a notice of by the City Council or City this determination to the governing board of any elementary Engineer. school, high school or unified school district within the 18.16.210 Submittal for City approval-Filing boundaries of which the subdivision is proposed to be with the County Recorder. located. The notice shall identify information about the 18.16.220 Submittal for City location of the proposed subdivision, the number of units, Approval-Submittal by units. density and any other information which would be relevant 2012 S-31 11 18.16.030 Cupertino-Subdivisions 12 to the affected school district. Within fifteen days of 18.16.050 Action of Planning receiving the notice the school district may make Commission—Recommending recommendations to the City regarding the effects of the Approval—Required Findings. proposed subdivision upon the school district. If the school A. In approving or conditionally approving the district fails to respond within fifteen days, the failure to tentative subdivision map, the Planning Commission shall respond shall be deemed approval of the proposed find that the proposed subdivision, together with its subdivision by the school district. The City shall consider provisions for its design and improvements, is consistent any recommendations from the school district before acting with applicable general or specific plans adopted by the on the map. City. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), B. The Planning Commission may modify or delete 1986) any of the conditions of approval recommended in the Department of Community Development's report, except 18.16.040 Action of Community Development conditions required by City ordinance, related to public Director—Notice of Public Hearings. health and safety or standards required by the City Engineer, A. Upon receipt of a valid application, the Director or add additional requirements as a condition of its approval. of Community Development shall set the matter for public C. If no action is taken by the Planning Commission meeting. At least ten calendar days before the public within the time limit as specified, the tentative map as filed meeting,he or she shall cause notice to be given of the time, shall be deemed to be approved, insofar as it complies with date and place of the meeting including a general other applicable provisions of the Map Act and other explanation of the matter to be considered and a general applicable case law, this title or other City ordinances, and description of the area affected, and the street address, if it shall be the duty of the City Clerk to certify the approval. any, of the property involved. D. This provision does not apply to condominium B. The notice shall be published at least once in a projects or stock cooperatives which consist of the newspaper of general circulation, published and circulated subdivision of air space in an existing structure unless new in the City. units are to be constructed or added. C. In addition to notice by publication,the City shall (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), give notice of the meeting by mail or delivery to all persons, 1986) including businesses,corporations or other public or private entities, shown on the last equalized assessment roll as 18.16.060 Action of Planning owning real property within three hundred feet of the Commission—Recommending Denial property which is the subject of the proposed changes. upon Certain Findings. D. In addition, in the case of a proposed conversion A. The tentative subdivision map may be of residential real property to a condominium project, recommended for denial by the Planning Commission on any community apartment project or stock cooperative project, of the grounds provided by City ordinances or the State notice shall be given as required by Government Code Subdivision Map Act. Section 66451.3(d). B. The Planning Commission shall deny approval of E. In addition, notice shall be given by first class the tentative map if it makes any of the following findings: mail to any person who has filed a written request with the 1. That the proposed map is not consistent with Department of Community Development. The City may applicable general and specific plans; impose a reasonable fee on persons requesting such notice 2. That the design or improvement of the proposed for the purpose of recovering the cost of such mailing. subdivision is not consistent with applicable general and F. Substantial compliance with these noticing specific plans; provisions shall be sufficient and a technical failure to 3. That the site is not physically suitable for the type comply shall not affect the validity of any action taken of development; pursuant to the procedures set forth in this chapter. 4. That the site is not physically suitable for the G. The Planning Commission shall recommend proposed density of development; approval,conditional approval or denial of the tentative map 5. That the design of the subdivision or the proposed and shall report its decisions to the City Council and the improvements are likely to cause substantial environmental subdivider within fifty days after the tentative map has been damage or substantially and avoidably injure fish or wildlife filed, unless the project requires an Environmental Impact or their habitat; provided, however, the City may approve Report or Negative Declaration. a tentative subdivision map if an environmental impact (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), report was prepared with respect to the proposed subdivision 1986) and detailed findings were made pursuant to Public 2012 S-31 13 Subdivision Maps (Five or More Parcels) 18.16.060 Resources Code Section 21081(a)(3)that specific economic, B. The period of time specified hereinabove shall not social,or other considerations make infeasible the mitigation include any time during which a development moratorium is measure or project alternatives identified in the in effect as specified in Section 66452.6(b)of the Map Act environmental impact report; nor shall include any period which involves litigation as 6. That the design of the subdivision or the type of described in Section 66452.6(c)of the Map Act. improvements is likely to cause serious public health C. Notwithstanding any provision to the contrary, if problems; a subdivider is subject to a requirement of two hundred 7. That the design of the subdivision or the type of thirty-six thousand, seven hundred and ninety dollars or improvements will conflict with easements acquired by the more to construct or improve or finance the construction of public at large for access through or use of property within or improvement of public improvements outside the the proposed subdivision. In this connection, the governing boundaries of the tentative map, each filing of a final map body may approve a map if it finds that alternate easements authorized by Government Code Section 66456.1 (multiple for access or for use will be provided, and that these will be final maps), shall extend the expiration of the approval or substantially equivalent to ones previously acquired by the conditionally approved tentative map by thirty-six months public. This subsection shall apply only to easements of from the date of its expiration or the date of the previously record or to easements established by judgment of a court of filed final map, whichever is later; provided, however, the competent jurisdiction and no authority is hereby granted to extension shall not extend the tentative map more than ten a legislative body to determine that the public at large has years from its approval. acquired easements for access through or use of property D. Commencing January 1,2012,and each calendar within the proposed subdivision. This provision does not year thereafter, the amount of two hundred thirty-six apply to condominium projects or stock cooperatives which thousand,seven hundred and ninety dollars shall be annually consist of the subdivision of air space in an existing structure increased by operation of law according to the adjustment unless new units are to be constructed or added. for inflation set forth in the Statewide cost index for class B (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), construction,as determined by the State Allocation Board at 1986) its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall 18.16.070 Action of City Council. apply to tentative and vesting tentative maps whose If a tentative map is recommended for approval or applications were received after the effective date of the denial by the Planning Commission, the Department of adjustment. Community Development shall make a written report to the E. Notwithstanding any provision to the contrary, a City Council. This report shall be placed on the City tentative map on property subject to a development Council agenda at the next regular meeting following receipt agreement authorized by Government Code Section 65865 of the report, unless the subdivider consents to a et seq. may be extended for the period of time provided for continuance. The Council may review the map and the in the agreement, but not beyond its duration. conditions imposed by the Planning Commission. The City F. Expiration of an approved or conditionally Council may deny the tentative map on any of the grounds approved tentative map shall terminate all proceedings and contained in Section 18.16.060. no final map or parcel map of all or any portion of the real (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A(part), property included within the tentative map shall be filed 1986) without first processing a new tentative map. (Ord. 2085, §2(part),2011; Ord. 1433, (part), 1988;Ord. 18.16.080 Extension of Time for Planning 1384, Exhibit A (part), 1986) Commission or City Council Action. The time limits set forth above for acting on the 18.16.100 Extensions. tentative map may be extended by mutual consent of the A. Request by Subdivider. Upon application of the subdivider and the recommending body or the City Council. subdivider filed prior to the expiration of the tentative map, (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), the time at which the map expires may be extended by the 1986) Director of Community Development for a period or periods not to exceed a total of six years. Prior to the expiration of 18.16.090 Expiration. a tentative map, upon an application by the subdivider to A. The approval or conditional approval of a extend that map,the map shall automatically be extended for tentative subdivision map shall expire thirty-six months from sixty days or until the application is approved or denied, the date of City Council approval. An extension or whichever occurs first. extensions may be approved as provided in Section B. Planning Commission Action. The Director of 18.16.100, or when required by the Map Act. Community Development shall review the request and 2012 S-31 18.16.100 Cupertino-Subdivisions 14 submit the application for the extension, together with a licensed land surveyor. All monuments, property lines, report, to the Planning Commission for approval or denial. centerlines of streets, alleys and easements adjoining or A copy of the Planning Director's report shall be forwarded within the subdivision shall be tied into the survey. The to the subdivider prior to the Planning Commission meeting allowable error of closure on any portion of the final map on the extension. The resolution adopted by the Planning shall not exceed one part in ten thousand for field closures Commission approving an extension shall specify the new and one part of twenty thousand for calculated closures. expiration date of the tentative subdivision map. If the B. At the time of making the survey for the final Planning Commission denies a subdivider's application for map, the engineer or surveyor shall set sufficient durable extension, the subdivider may appeal to the City Council monuments to conform with the standards described in within fourteen days after denial. Section 8771 of the Business and Professions Code so that (Ord. 2085, §2(part), 2011; Ord. 1433, (part), 1988; Ord. another engineer or surveyor may readily retrace the survey. 1384, Exhibit A (part), 1986) At least one exterior boundary line shall be monumented prior to recording the final map.Other monuments shall be 18.16.110 Amendments to Approved Tentative set as required by the City Engineer. Within five days after Map. the final setting of all monuments has been completed, the A. Minor changes in the tentative map may be engineer or the surveyor shall give written notice to the approved by the Director of Community Development upon subdivider, and to the City Engineer, that the final application by the subdivider or on its own initiative, monuments have been set. provided: (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1. No lots, units or building sites are added; 1986) 2. The changes are consistent with the intent and spirit of the original tentative map approval; 18.16.140 Form. 3. There are no resulting violations of the City of The form of the final map shall conform to the Cupertino Municipal Code. Subdivision Map Act and as provided in this section: B. Any revision shall be approved by the Director of A. The final map shall be legibly drawn, printed or Community Development and the City Engineer. The reproduced by a process guaranteeing a permanent record in amendment shall be indicated on the approved map and black on tracing cloth or polyester base film. Certificates, certified by the Director of Community Development and affidavits and acknowledgements may be legibly stamped or the City Engineer. printed upon the map with opaque ink. If ink is used on C. Amendments of the tentative map other than polyester base film, the ink surface shall be coated with minor shall be presented to the original approval authority suitable substance to assure permanent legibility. for approval. Processing shall be in accordance with B. The size of each sheet shall be eighteen by Sections 18.16.030 through 18.16.080. twenty-six inches. A marginal line shall be drawn D. Any approved amendment shall not alter the completely around each sheet, leaving an entirely blank expiration date of the tentative map. margin of one inch. The scale of the map shall be not less (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), than one inch equals one hundred feet or as may be 1986) necessary to show all details clearly,and enough sheets shall be used to accomplish this end.The particular number of the Article II. Final Maps. sheet and the total number of sheets composing the map shall be stated on each of the sheets, and its relation to each 18.16.120 General. adjoining sheet shall be clearly shown. When four or more A. The form, contents, accompanying data, and the sheets including the certificate sheet are used, a key sheet filing of the final map shall conform to the provisions of this will be included. chapter. C. All printing or lettering on the map shall be of B. The final map shall be prepared by or under the one-eighth inch minimum height and of such shape and direction of a registered civil engineer or licensed land weight as to be readily legible on prints and other surveyor. reproductions made from the original drawings. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), D. All survey and mathematical information and data 1986) necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on 18.16.130 Survey Required. the map shall be shown, including bearings and distances of A. An accurate and complete survey of the land to be straight lines, and radii and arc length or chord bearings and subdivided shall be made by a registered civil engineer or length for all curves, and any information that may be 2012 S-31 15 Subdivision Maps (Five or More Parcels) 18.16.140 necessary to determine the location of the centers of curves (Signed) and ties to existing monuments used to establish the R.C.E. (or L.S.) No. subdivision boundaries. E. Each parcel shall be numbered or lettered and b. Recorder's certificate or statement. each block may be numbered or lettered. Each street shall be named or otherwise designated. The subdivision number Filed this_day of_, 20_, at m. in Book_of shall be shown together with the description of the real at page_, at the request of property being subdivided. F. The final form of the final map shall be approved Signed by the City Engineer. County Recorder (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 4. City Engineer's Certificate/Surveyors Certificate. a. A certificate by the City Engineer stating that the 18.16.150 Contents. map has been examined and that it is in accord with the The contents of the fmal map shall conform to the tentative map and any approved alteration thereof, and Subdivision Map Act and as provided in this section. complies with the Map Act and any local ordinances A. Boundary. The boundary of the subdivision shall applicable at the time of the approval of the tentative map be designated by a heavy black line in such a manner as not have been complied with. to obliterate figures or other data. b. If the City Engineer was registered as a civil B. Title. Each sheet shall have a title showing engineer before January 1, 1982, he or she may also certify subdivision number and name and the location of the that the map is technically correct. Otherwise, the property being subdivided with reference to maps which certification of the technical correctness of the map must be have been previously recorded,or by reference to the plat of separately attached to the map by a person authorized to a United States Survey. The following words shall appear in practice land surveying pursuant to Section 8700 et seq. of the title, "In the City of Cupertino." the California Business and Professions Code. C. Certificates. The following certificates appear 5. Director of Community Development Certificate. only once on the cover sheet: A certificate by the Community Development Director 1. Owner's Certificate. A certificate, signed and stating that the tentative map was approved by resolution of acknowledged by all parties having record title interest in the Planning Commission. The date and number of the the land subdivided, excepting those parties having resolution shall appear in the certificate. rights-of-way, easements, or other interests which cannot 6. City Clerk's Certificate. A certificate for ripen into a fee, or exceptions provided by the Subdivision execution by the City Clerk stating the date and number of Map Act consenting to the preparation and record of the the resolution adopted by the City Council approving the map and offering for dedication to the specific certain final map and stating that the City Council accepted, specific parcels of land. accepted subject to improvement or rejected on behalf of the 2. Trustee's Certificate. A certificate, signed and public, any real property offered for dedication for public acknowledged by any trustees of record at time of City use in conformity with the terms of the offer of dedication. Council or City Engineer approval of the final map, 7. Certificate of Soils and Geologic Report. When consenting to the recording of the map and any offers of a soils report, a geologic report, or soils and geologic dedication. reports have been prepared specifically for the subdivision, 3. Engineer's or Surveyor's Certificate. the fact shall be noted on the fmal map, together with the a. The following certificate shall appear on the final date of the report or reports, and the name of the engineer map: making the soils report and geologist making the geologic report and the location where the reports are on file. The This map was prepared by me or under my direction and is certificate shall read, "A soils and/or geologic report for based upon a field survey in conformance with the Subdivision No. *** was prepared by me or under my requirements of the Subdivision Map Act and local direction and was filed with the City on ***date." ordinances at the request of (name of person authorizing 8. County Recorder's Certificate. map)on(date). I hereby state that all the monuments are of a. A certificate to be executed by the County the character and occupy the positions indicated or that they Recorder stating that the map has been accepted for filing; were set in those positions before (date), and that the that the map has been examined and that it complies with the monuments are,or will be,sufficient to enable the survey to provisions of State laws and local ordinances governing the be retraced,and that this fmal map substantially conforms to filing of final maps. the conditionally approved tentative map. 2012 S-31 18.16.150 Cupertino-Subdivisions 16 b. The certificate shall show who requested the shall be specified on the map. If,at the time the final map is filing of the map, the time and date the map was filed, and approved, any streets, paths, alleys or storm drainage the book and page where the map was filed. easements are not accepted by the City Council or City 9. Scale, North Point and Basis of Bearings. There Engineer, the offer of dedication shall remain open and the must appear on each map sheet the scale,the north point and City Council or City Engineer may, by resolution at any the basis of bearings based on Zone 3 of the California later date,accept and open the streets,paths,alleys or storm Coordinates, and the equation of the bearing to true north. drainage easements for public use, which acceptance shall The basis of bearings shall be approved by the City be recorded in the office of the County Recorder. Engineer. 2. All easements of record shall be shown on the E. Linear, Angular and Radial Data. Sufficient map, together with the name of the grantee and sufficient linear, angular, and radial data shall be shown to determine recording data to identify the conveyance, e.g., recorder's the bearings and lengths of monument lines, street serial number and date, book and page of official records. centerlines, the boundary lines of the subdivision and of the 3. Easements not disclosed by the records in office boundary lines on every lot and parcel of the subdivision and of the County Recorder and found by surveyor or engineer ties to existing monuments used to establish the boundary. to be existing, shall be specifically designated on the map, Length, radius and total central angle or radial bearings of identifying the apparent dominant tenements for which the all curves shall be shown. Ditto marks shall not be used in easement was created. the dimensions and data shown on the map. 4. The sidelines of all easements of record shall be F. Monuments. The location and description of all shown by dashed lines on the final map with the widths, existing and proposed monuments shall be shown. Standard lengths and bearings of record. The width and location of all City monuments shall be set at(or from offsets as approved easements shall be approved by the City Engineer. by the City Engineer)the following locations: 5. The City Engineer shall accept any dedications 1. The intersection of street centerlines; lying outside the subdivision boundary which require a 2. Beginning and end of curves in centerlines; separate grant deed.The acceptance shall be recorded in the 3. At other locations as may be required by the City office of the County Recorder. Engineer. (Ord. 2085, § 2(part), 2011; Ord. 1609, § 1 (part), 1992; G. Lot Numbers. Lot numbers shall begin with the Ord. 1384, Exhibit A (part), 1986) number one in each subdivision and shall continue consecutively with no omissions or duplications except 18.16.160 Submittal for City where contiguous lands, under the same ownership, are Approval-Preliminary Submittal. being subdivided in successive units, in which event lot The subdivider shall submit four sets of prints of the numbers may begin with the next consecutive number final map to the City Engineer for checking. The following the last number in the preceding unit. Each lot preliminary prints shall be accompanied by two copies of the shall be shown entirely on one sheet of the final map,unless following data, plans, reports and documents in a form as approved by the City Engineer. approved by the City Engineer: H. Adjoining Properties.The adjoining corners of all A. Improvement Plans. Improvement plans as adjoining subdivisions shall be identified by subdivision required by Article VI of Chapter 18.32 of this title; number, or name when not identified by official number, B. Soils Report. A soils report prepared in and reference to the book and page of the filed map showing accordance with Chapter 16.12 of this code; subdivision; and, if no such subdivision is adjacent, then by C. Title Report. A title report showing the legal the name of the owner and reference to the recorded deed by owners at the time of submittal of the final map; book page number for the last recorded owner of adjacent D. Improvement Bond Estimate. The improvements property. bond estimate shall include all improvements within public I. City Boundaries. City boundaries which cross or rights-of-way, easements, or common areas and utility join the subdivisions shall be clearly designated. trench backfill as provided by the developer, except for J. Street Names. The names of all streets, alleys or those utility facilities installed by a utility company under the highways within or adjoining the subdivision shall be shown. jurisdiction of the California Public Utilities Commission; K. Easements. E. Deeds for Easements or Rights-of-way.Deeds for 1. Easements for roads or streets, paths, easements or rights-of-way required for road or drainage storm-water drainage, sanitary sewers, energy utilities purposes which have not been dedicated on the final map. and/or public utilities, water utilities, or other public use as Written evidence acceptable to the City in the form of rights may be required, shall be dedicated to the public for of entry or permanent easements across private property acceptance by the City or other public agency, and the use outside of the subdivision permitting or granting access to 2012 S-31 17 Subdivision Maps (Five or More Parcels) 18.16.160 perform necessary construction work and permitting the 18.16.190 Submittal for City Approval-Approval maintenance of the facility; by City Council. F. Joint Use of Right-of-way Agreement. A. The fmal map, upon approval by the City Agreements, acceptable to the City,executed by all owners Engineer and Director of Community Development,together of all utility and other easements within the proposed with the subdivision improvement agreement, shall be rights-of-way consenting to the joint use of the placed on the Council agenda for their approval. The City rights-of-way,as may be required by the City for public use Council shall consider the final map for approval within ten and convenience of the road shall be required.These owners days after filing with the City Clerk, or at its next regular shall join in the dedication and subordinate their rights to the meeting at which it receives the map, whichever is later. right of the public in the road; The City Council shall have approved the subdivision G. Traverse Closures. Traverse closures for the improvement agreement before approving the fmal map. In boundary blocks, lots, easements, street centerlines and the alternative,the City Engineer may hold a public meeting monument lines. and approve the Final Map. The City Manager may The error of field closures in the traverse around the approve the subdivision improvement agreement, following subdivision and around the interior lots or blocks shall not approval by the City Engineer, Director of Community exceed one part in twenty thousand; Development and City Attorney. The City Engineer may H. Hydrology and Hydraulic Calculations.Complete reject the final map and defer approval until an acceptable hydrology and hydraulic calculations of all storm drains; agreement and/or final map has been resubmitted. I. Organization Documents. The submittal of the B. If the subdivision improvement agreement and final map or parcel map shall include the proposed final map are approved by the City Manager,he or she shall declaration of covenants,conditions and restrictions,and all instruct the City Engineer to execute the agreement on other organizational documents for the subdivision in a form behalf of the City. If the subdivision improvement as defined by Civil Code Section 1351. All documents shall agreement and/or final map is unacceptable, the City be subject to review by the City Engineer and City Attorney; Manager shall make their recommended corrections,instruct J. Any additional data, reports or information as the City Engineer to draft a new agreement and/or revise the required by the City Engineer. final map and defer approval until an acceptable agreement (Ord. 2085, § 2 (part), 2011; Ord. 1609, § 1 (part), 1992; and/or final map has been resubmitted. Ord. 1384, Exhibit A(part), 1986) (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.16.170 Submittal for City Approval-City Engineer's Review. 18.16.200 Submittal for City Approval-Denial by The City Engineer shall review the fmal map and the the City Council or City Engineer. subdivider's engineer or surveyor shall make corrections A. The City Council or City Engineer shall deny and/or additions until the map is acceptable to the City approval of the final map upon making any of the findings Engineer. contained in Section 18.16.060. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), B. The City Council or City Engineer shall not deny 1986) approval of the fmal map if it has previously approved a tentative map for the proposed subdivision and if it finds that 18.16.180 Submittal for City Approval-Approval the final map is in substantial compliance with the previously by the City Engineer. approved tentative map. A. Upon receipt of an approved print,the subdivider (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), shall submit the original tracing of the revised map, 1986) prepared in accordance with the Map Act and this title and corrected to its final form,and signed by all parties required 18.16.210 Submittal for City Approval-Filing with by the Map Act and this title to execute the certificates on the County Recorder. the map, to the City Engineer. If the final map is not subject to Section 66493 of the B. The City Engineer and Director of Community Government Code(relating to security for taxes and special Development shall sign the appropriate certificates and assessments not yet payable), upon approval by the City transmit the original to the City Clerk. Council or City Engineer and receipt of the improvement (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), security by the City Engineer, the City Clerk shall execute 1986) the appropriate certificate on the certificate sheet and 2012 S-31 18.16.210 Cupertino-Subdivisions 18 forward the map, to the County Recorder. If a fmal map is subject to Section 66493 of the Government Code, the City Clerk shall forward the map to the Clerk of the Board of Supervisors for processing under Government Code Section 66464(b) . (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.16.220 Submittal for City Approval-Submittal by Units. Multiple fmal maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if: (a) The subdivider, at the time the tentative map is filed, informs the Director of Community Development of the subdivider's intention to file multiple fmal maps on such tentative map, or (b) After filing of the tentative map,the local agency and the subdivider concur in the filing of multiple final maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple fmal maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each fmal map which constitutes a part,or unit,of the approved subdivision improvement agreement to be executed by the subdivider shall provide for the construction of improvements as may be required to constitute a logical and orderly development of the whole subdivision by units. (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 18.20.010 CHAPTER 18.20: PARCEL MAPS (FOUR OR LESS PARCELS) Section Article I. Tentative Parcel Map. 18.20.030 Review and Notice of Public Hearings. 18.20.010 Form and content. A. Upon receipt of a valid application by the 18.20.020 Submittal to Department of Department of Community Development, the Director of Community Development. Community Development shall set the matter for public 18.20.030 Review and notice of public meeting. At least ten calendar days before the public hearings. meeting,he or she shall cause notice to be given of the time, 18.20.040 Approval-Required findings. date and place of such hearing including a general 18.20.050 Denial upon certain findings. explanation of the matter to be considered and a general 18.20.060 Appeals. description of the area affected, and the street address, if 18.20.070 Appeals of decisions-Procedure. any, of the property involved. 18.20.080 Expiration and extensions. B. The notice shall be published at least once in a newspaper of general circulation, published and circulated Article II. Parcel Maps. in the City. 18.20.090 General. C. In addition to notice by publication,the City shall 18.20.100 Survey required. give notice of the hearing by mail or delivery to all persons, 18.20.110 Form and contents. including businesses,corporations or other public or private 18.20.120 . Preliminary submittal. entities, shown on the last equalized assessment roll as 18.20.130 Review by City Engineer. owning real property within three hundred feet of the 18.20.140 Approval by City Engineer. property which is the subject of the proposed change. 18.20.150 Filing with the County Recorder. D. In addition, in the case of a proposed conversion 18.20.160 Waiver of parcel map requirements. of residential real property to a condominium, community apartment or stock cooperative project,notice shall be given Article I. Tentative Parcel Map. as required by Section 66427.1 of the Map Act. E. In addition, notice shall be given by first class 18.20.010 Form and Content. mail to any person who has filed a written request with the The tentative parcel map shall be clearly and legibly Department of Community Development. The City may drawn on one sheet in a manner acceptable to the impose a reasonable fee on persons requesting such notice Department of Community Development, shall be prepared for the purpose of recovering the cost of such mailing. by a registered civil engineer or licensed land surveyor, and F. Substantial compliance with these provisions shall contain such information as required by the therewith to notice shall be sufficient and a technical failure Department of Community Development. to comply shall not affect the validity of any action taken (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), pursuant to the procedures set forth in this chapter. 1986) G. The Director of Community Development shall approve or deny the tentative parcel map within fifty days 18.20.020 Submittal to Department of Community after the tentative parcel map has been accepted for filing. Development. H. If no action is taken by the City within the time Any person making a division of land for which a limit as specified,the tentative map as filed shall be deemed parcel map is required shall, in accordance with the to be approved, insofar as it complies with other applicable provisions of this chapter, file an application, together with provisions of the Map Act,this title and all local ordinances, copies of the map,plan checking deposits and review fees as and it shall be the duty of the City Clerk to certify the may be required. approval. (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A(part), (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 1986) 2012 S-31 19 18.20.040 Cupertino -Subdivisions 20 18.20.040 Approval-Required Findings. 18.20.060 Appeals. A. In approving or conditionally approving the A. Any interested person adversely affected by any tentative parcel map, the Director of Community action by the Director of Community Development with Development shall fmd that the proposed subdivision, respect to the tentative map may,within fourteen days of the together with its provisions for its design and improvements, Director of Community Development's decision,appeal the is: action to the Planning Commission in accordance with 1. Consistent with applicable general or specific Section 18.20.070. plans adopted by the City and B. If an appeal is not filed, the Director of 2. Designed for future passive solar in accordance Community Development's decision shall be final. with Government Code Section 66473.1. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), B. The Director of Community Development may 1986) modify or delete any of the conditions of approval recommended in the Department of Community 18.20.070 Appeals of Decisions—Procedure. Development's report, except conditions required by City The Planning Commission shall consider the appeal ordinance, related to public health and safety or standards within thirty days.This appeal shall be a public hearing with required by the City Engineer, or impose additional notice being given pursuant to Section 18.16.040, and with requirements as a condition of approval. additional notices to be given to the subdivider and to the (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), appellant. Upon conclusion of the public hearing, the 1986) Planning Commission shall within seven days declare its findings. The Planning Commission may sustain, modify, 18.20.050 Denial Upon Certain Findings. reject, or overrule any recommendations or rulings of the A. The tentative parcel map may be denied by the Director of Community Development and may make such Director of Community Development on any of the grounds findings as are not inconsistent with the provisions of this provided by City ordinance or the Map Act. title or the Map Act. The decision of the Planning B. The Director of Community Development shall Commission is final unless appealed to the City Council. deny approval of the tentative parcel map if it makes any of The provisions and procedures for appeals to the City the following findings: Council shall be pursuant to this section. 1. That the proposed map is not consistent with (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), applicable general and specific plans; 1986) 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and 18.20.080 Expiration and Extensions. specific plans; A. The expiration of a tentative parcel map and any 3. That the site is not physically suitable for the type extensions granted thereon are governed by the provisions of development; relating to the expiration and extensions of tentative 4. That the site is not physically suitable for the subdivision maps as described in Sections 18.16.090 and proposed density of development; 18.16.100. 5. That the design of the subdivision or the proposed B. Director of Community Development Action. improvements is likely to cause substantial environmental Upon receipt of an application for extension of a parcel damage or substantially and avoidably injure fish or wildlife map,the Director of Community Development shall review or their habitat; the request and either approve or deny the application. The 6. That the design of the subdivision or the type of Director of Community Development shall endeavor to improvements is likely to cause serious public health forward a report to the Planning Commission and the City problems; Council about his or her decision. If the Director of 7. That the design of the subdivision or the type of Community Development denies a subdivider's application improvements will conflict with easements, acquired by the for extension, an appeal may be filed pursuant to Section public at large,for access through or use of,property within 18.20.060. the proposed subdivision. In this connection,the Director of (Ord.2085, §2(part), 2011; Ord. 1433, (part), 1988; Ord. Community Development may approve a map if it fmds that 1384, Exhibit A (part), 1986) alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 21 Parcel Maps(Four or Less Parcels) 18.20.090 Article Lt. Parcel Maps. 18.20.130 Review by City Engineer. The City Engineer shall review the parcel map and the 18.20.090 General. subdivider's engineer shall make corrections and/or The form and contents, submittal, approval and filing additions until the map is acceptable to the City Engineer. of parcel maps shall conform to the provisions of this article (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A(part), and the Map Act. 1986) (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A(part), 1986) 18.20.140 Approval by City Engineer. Upon receipt of an approved print,the subdivider shall 18.20.100 Survey Required. submit the original tracing of the revised map, prepared in An accurate and complete survey of the land to be accordance with the Map Act and this title and corrected to subdivided shall be made by a registered civil engineer or its final form, and signed by all parties required by the Map licensed land surveyor. All monuments, property lines, Act and this title to execute the certificates on the map, to centerlines of streets, alleys and easements adjoining or the City Engineer. within the subdivision shall be tied into the survey. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), The allowable error of closure on any portion of the 1986) parcel map shall not exceed one part in ten thousand for field closures and one part in twenty thousand for calculated 18.20.150 Filing with the County Recorder. closures. The City Clerk shall transmit the approved parcel map (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), directly to the County Recorder. 1986) (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.20.110 Form and Contents. A. The form and contents of the parcel map shall 18.20.160 Waiver of Parcel Map Requirements. conform to final map form and content requirements as A. The City Engineer, upon concurrence of the specified by Article II of Chapter 18.16 of this title and as Director of Community Development,may waive the parcel modified herein. map requirement for division of real property or interests B. Certificates shall be in accordance with Section therein created by probate, eminent domain procedures, 66449 of the Government Code with the addition of the partition, or other civil judgments or decrees. trustee's certificate according to Section 18.16.150(C). B. Upon waiving the parcel map requirement, a plat C. Lots shall be designated by letters commencing map, in a form as required by the City Engineer shall be with A. required for lot line adjustments, mergers, certificates of (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), compliance and parcel map waivers. 1986) C. Upon waiving the parcel map requirement, the City Engineer shall also cause to be filed with the County 18.20.120 Preliminary Submittal. Recorder a Certificate of Compliance for the land to be A. The subdivider shall submit three sets of prints of divided. the parcel map to the City Engineer for checking. The D. A parcel map waived by the City Engineer may preliminary prints shall be accompanied by two copies of the be conditioned to provide for payment of parkland, data, plans, reports and documents as required for final drainage, and other fees as required by City ordinances or maps by Section 18.16.160, and as modified herein. resolutions. B. The City Engineer may waive any of the (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), requirements upon finding that the location and nature of the 1986) proposed subdivision is such as not to necessitate compliance with the requirements of Article II of Chapter 18.16. C. Any additional information or documents required shall be as specified with the conditions of approval of the tentative map. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A(part), 1986) 2012 S-31 18.24.010 CHAPTER 18.24: DEDICATIONS AND RESERVATIONS Section Article I. Dedication of Streets, Alleys, Article I. Dedication of Streets, Alleys, Rights-of-Way and Easements. Rights-of-Way and Easements. 18.24.010 Dedication of streets, alleys, and other public rights-of-way or 18.24.010 Dedication of Streets, Alleys, and Other easements. Public Rights-of-way or Easements. A. As a condition of approval of a final map or Article II. Park Land Dedication. parcel map, the subdivider shall dedicate or make an 18.24.020 Purpose. irrevocable offer of dedication of all parcels of land within 18.24.030 Requirements. the subdivision that are needed for streets and alleys, 18.24.040 General standard. including access rights and abutters'rights;drainage;public 18.24.050 Standards and formula for dedication utility easements; bicycle paths, transit facilities, solar of land. access easements, park land, fire stations, libraries, access 18.24.060 Formula for fees in lieu of land to public resources and other public easements as required. dedication. B. Improvements shall be in accordance with 18.24.070 Criteria for requiring both dedication Chapter 18.32 of this title. and fee. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), 18.24.080 , Amount of fee in lieu of park land 1986) dedication. 18.24.090 Subdividers not within General Plan. Article II. Park Land Dedication. 18.24.100 Determination of land or fee. 18.24.110 Credit for private recreation or open 18.24.020 Purpose. space. This section is enacted pursuant to the authority 18.24.115 Credit for existing residential units. granted by the Government Code.The park and recreational 18.24.120 Procedure. facilities for which dedication of land and/or payment of a 18.24.130 Commencement of development. fee is required by this chapter are in accordance with the open space and conservation element of the adopted General Article III. School Site Dedication. Plan of the City of Cupertino, and any amendments. 18.24.140 General. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 18.24.150 Procedure. 1986) 18.24.160 Payments to subdivider for school site dedication. 18.24.030 Requirements. 18.24.170 Exemptions. A. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay Article IV. Reservations. a fee in lieu thereof, or both, at the option of the City, for 18.24.180 General. park or recreational purposes at the time and according to 18.24.190 Standards for reservation of land. the standards and formula contained in this chapter. 18.24.200 Procedure. B. The provisions of this chapter are not applicable 18.24.210 Payment to subdivider. to the following land use categories: 18.24.220 Termination. 1. Commercial or industrial subdivisions; 2. Condominium conversion projects or stock Article V. Waiver of Direct Street Access. cooperatives which consist of the subdivision of air space in 18.24.230 Waiver of direct street access. an existing apartment building which is more than five years old when no new dwelling units are added; 2012 S-31 23 18.24.030 Cupertino-Subdivisions 24 3. Convalescent hospitals and similar dependent care In the event apartment-zoned land is subdivided, the facilities. park land dedication formula shall be applied as related to (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), the maximum number of units permitted by the zoning 1986) classification of the property. (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), 18.24.040 General Standard. 1986) The public interest, convenience, health, welfare and safety require that three acres of property for each one 18.24.060 Formula for Fees in Lieu of Land thousand persons be devoted for neighborhood park and Dedication. recreational purposes. A. General Formula.If there is no park or recreation (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), facility designated in the open space and conservation 1986) element of the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and 18.24.050 Standards and Formula for Dedication future needs of the residents of the subdivision, the of Land. subdivider shall, in lieu of dedicating land, pay a fee equal A. Where a park or recreational facility has been to the market value of the land prescribed for dedication in designated in the open space and conservation element of the Section 18.24.080, this fee to be determined to be used for General Plan of the City, and is to be located in whole or in a local park which will serve the residents of the area to be part within the proposed subdivision to serve the immediate subdivided. and future need of the residents of the subdivision, the Valuation of the land described above shall be subdivider shall dedicate land for a local park sufficient in determined, for in lieu fee purposes, under the procedures size and topography to serve the residents of the subdivision. described in Section 18.24.080. The subdivider shall provide park lands as related to B. Fees in Lieu of Land-Fifty Parcels or Less. If the the need for a neighborhood park and therefore,the formula proposed subdivision contains fifty parcels or less, the for dedication of park land for residential development subdivider shall pay a fee equal to the land value of the should be based,upon three acres of park land per one portion of the local park required to serve the needs of the thousand persons. residents of the proposed subdivision as prescribed in B. The formula for determining acreage to be Section 18.24.050 and in an amount determined in dedicated shall be as follows: accordance with the provisions of Section 18.24.080. Average number of Persons/Unit C. Use of Money.The money collected shall be paid to the treasurer of the City or his or her authorized agent. Park Acreage Standard Such money shall be placed in a special revenue fund which 1000 Population is hereby created and which shall be known as the "park dedication in-lieu fee fund."Money within this fund shall be Example for single-family DU: used and expended solely for the acquisition, improvement, expansion or implementation of parks and recreational 3.5 X 3 = 0.0105 ac/U facilities reasonably related to serving the public by way of 1,000 the purchase of necessary land, or, if the City Council deems that there is sufficient land available for this use,then Table 18.24.050, of population density, is to be followed. secondly this money shall be used for improving such land for park and recreational purposes. TABLE 18.24.050 Park Land Dedication Formula Table Types of Dwellings Density DU/acre Average Household Average Acreage Size/DU Requirement/DU, Based on 3-acre Standard Single-Family 0--5 3.5 .0105 Duplex, medium low 5--10 2.0 .0060 Cluster, medium 10--20 2.0 .0060 Cluster, medium high 20 + 1.8 .0054 Apartments 10 + 1.8 .0054 Elderly housing* All ranges 1.0 .0030 * A project which is occupied by an elderly household as defined in Section 50067 of the Health and Safety Code. (Ord. 2085, § 2(part), 2011; Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 25 Dedications and Reservations 18.24.070 18.24.070 Criteria for Requiring Both Dedication 18.24.090 Subdividers not within General Plan. and Fee. Where the proposed subdivision lies within an area not In subdivisions of over fifty parcels, the subdivider then but to be included within the City's General Plan, the shall both dedicate land and pay a fee in lieu thereof in subdivider shall dedicate land, pay a fee in lieu, or both, in accordance with the following formula: accordance with the adopted park and recreational principles A. When only a portion of the land to be subdivided and standards of the City's General Plan and in accordance is proposed in the open space and conservation element of with the provisions of this chapter. the General Plan as the site for a local park,the portion shall (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), be dedicated for local park purposes and a fee computed 1986) pursuant to the provisions of Section 18.24.080 shall be paid for any additional land that would have been required to be 18.24.100 Determination of Land or Fee. dedicated pursuant to Section 18.24.050. A. If the relationship between a proposed subdivision B. When a major part of the local park or containing fifty parcels or more and the open space and recreational site has already been acquired by the City and conservation element is unclear, the City Council shall only a small portion of land is needed from the subdivision determine whether it accepts land dedication or elects to to complete the site,the remaining portion shall be dedicated require payment of a fee,by consideration of the following: and a fee computed pursuant to the provisions of Section 1. Topography,geology,access and location of land 18.24.080 shall be paid in an amount equal to the value of in the subdivision available for dedication; the land which would otherwise have been required to be 2. Size and shape of the subdivision and land dedicated pursuant to Section 18.24.050,the fees to be used available for dedication; for the improvement of the existing park and recreational 3. Feasibility of dedication; facility or for the improvement of other local parks and 4. Availability of previously acquired park property. recreational facilities in the area serving the subdivision. B. The determination of the City as to whether land (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), shall be dedicated, or whether a fee shall be charged, or a 1986) combination thereof, shall be final and conclusive. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 18.24.080 Amount of Fee in Lieu of Park Land 1986) Dedication. A. When a fee is required to be paid in lieu of park 18.24.110 Credit for Private Recreation or Open land dedication, the amount of the fee shall be determined, Space. by the Director of Public Works,based upon the fair market Where private open space for park and recreational value of the land which would otherwise be required to be purposes is provided in a proposed subdivision,fifty percent dedicated pursuant to Section 18.24.050, determined by credit shall be given against the requirement of land reference to comparable land within the general area of the dedication or payment of fees in lieu thereof, if the City subject land. As used herein, the term "comparable" means Council finds that it is in the public interest to do so and that land of similar size and development potential as the land all the following standards are met: which would otherwise be dedicated. The date of valuation A. That yards, court areas, setbacks, decorative of the property for in-lieu fee purposes shall be the date that landscape areas normally associated with residential site the subdivider submits his or her written request for a final design and other open areas required to be maintained by the subdivision map. zoning and building ordinances and regulations shall not be B. The fee shall be paid pursuant to the provisions included in the computation of such private open space; contained in Section 18.24.060. B. That such space is to be wholly or partially owned C. If a subdivider objects to the fair market value and maintained by the future residents of the subdivision and determination made by the Director of Public Works,he or that the private ownership and maintenance of the open she may, at his or her own expense, obtain an appraisal of space is adequately provided for by recorded written the property by a qualified real estate appraiser approved by agreement, conveyance or restrictions; the City, which appraisal of fair market value may be C. That the use of the private open space is restricted accepted by the City Council, if found reasonable. for park and recreational purposes by recorded covenant, Alternatively, the City and the subdivider may agree as to which runs with the land in favor of the future owners of the fair market value. property and which cannot be defeated or eliminated without (Ord. 2085, § 2(part), 2011; Ord. 1609, § 1 (part), 1992; the consent of the City or its successor; Ord. 1384, Exhibit A (part), 1986) D. That the proposed private open space is reasonably adaptable for use for park and recreational 2012 S-31 18.24.110 Cupertino-Subdivisions 26 purposes, taking into consideration such factors as size, Minimum shape, topography, geology, access and location; Acreage E. That facilities proposed for the open space are in Mandatory Element substantial accordance with the provisions of the open space Turfed playfield .50 and conservation element of the General Plan; and The playfield shall be a single unit of F. That the open space for which credit is given land which is generally level and free complies with the following standards: of physical barriers which would inhibit 1. The total usable open space acreage must be group play activities. equivalent to a ratio of three acres of land for each one Optional Elements thousand person, or a fraction thereof, generated by the development. The computation for determining acreage is Children's play apparatus area 15 described in Section 18.24.050. Recreational community gardens .25 2. The open space must contain the following Family picnic area .25 mandatory elements and at least four of the six optional Game court area .25 elements: Swim pool (42' x 75' with adjacent .25 The combined minimum acreage for a facility with a deck and lawn areas) recreation center and children's play apparatus area is 1.3 Recreation center buildings and .15 acres. The minimum combined acreage for a facility not grounds including a recreation center or children's play area is 1.5 acres. C. Open space covenants for private park or The City Council may grant park credit for a recreational facilities shall be submitted to the City prior to combination of the above elements or a combination of the approval of the final subdivision map and shall be recorded above elements and other recreation improvements that will simultaneously with the fmal subdivision map. meet the specific recreation needs of a specialized housing (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), development, such as a senior housing development with 1986) occupancy controlled via a covenant with the City named as a third party beneficiary. 18.24.130 Commencement of Development. Before credit is given, the City Council shall adopt At the time of approval of the final subdivision map, written findings that the above standards are met, and shall the City Council shall specify when development of the park require the recordation of covenants running with the land or recreational facilities shall be commenced. to ensure that credited elements are maintained. 1986) 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), (Ord. 2085, §2(part), 2011; Ord. 1674, 1995; Ord. 1384, 1986) Exhibit A (part), 1986) Article III. School Site Dedication. 18.24.115 Credit for Existing Residential Units. Where any lot or lots of a proposed subdivision 18.24.140 General. contains existing residential units, a credit shall be given Unless otherwise prohibited by law, as a condition of against the requirement of land dedication or payment of approval of a final subdivision map, a subdivider who fees in lieu thereof for each lot which contains residential or develops completes the development of one or more unit or units. As used herein,the term "existing" refers to a p p p subdivisions within a school district shall dedicate to the residential unit or units which exist at the time of the school district such lands as the City Council shall deem to recordation of a fmal map or which were demolished within be necessary for the purpose of constructing thereon schools one year prior of the tentative map application. necessary to assure the residents of the subdivision adequate (Ord. 2085, § 2 (part), 2011; Ord. 1853, § 2, 2000) elementary school service. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 18.24.120 Procedure. 1986) A. At the time of approval of the tentative subdivision map, the City Council shall determine pursuant 18.24.150 Procedure. to Section 18.24.100 the land to be dedicated and/or fees to The requirement of dedication shall be imposed at the be paid by the subdivider. time of approval of the tentative map. If within thirty days B. At the time of the filing of the fmal subdivision after the requirement of dedication is imposed by the City map, the subdivider shall dedicate the land/or pay the fees the school district does not offer to enter into a binding as previously determined by the City Council. commitment with the subdivider to accept the dedication,the 2012 S-31 27 Dedications and Reservations 18.24.150 requirement shall be automatically terminated.The required reservation is located to develop in an orderly and efficient dedication may be made any time before,concurrently with, manner. The amount of land to be reserved shall not make or up to sixty days after the filing of the final map on any development of the remaining land held by the subdivider portion of the subdivision. economically unfeasible.The reserved area shall conform to (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), the adopted specific plan or General Plan and shall be in 1986) such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not 18.24.160 Payments to Subdivider for School Site acquired within the prescribed period. Dedication. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), The school district shall, if it accepts the dedication, 1986) repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land,plus a sum equal 18.24.200 Procedure. to the total of the following amounts: The public agency for whose benefit an area has been A. The cost of any improvements to the dedicated reserved shall, at the time of approval of the final map or land since acquisition by the subdivider; parcel map, enter into a binding agreement to acquire B. The taxes assessed against the dedicated land reserved area within two years after the completion and from the date of the school district's offer to enter into the acceptance of all improvements,unless the period of time is binding commitment to accept the dedication; extended by mutual agreement. C. Any other costs incurred by the subdivider in (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), maintenance of such dedicated land, including interest costs 1986) incurred on any loan covering such land. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 18.24.210 Payment to Subdivider. 1986) The purchase price shall be the market value at the time of the filing of the tentative map plus the taxes against 18.24.170 Exemptions. such reserved area from the date of the reservation and any The provisions of this article shall not be applicable to other costs incurred by the subdivider in the maintenance of a subdivider who has owned the land being subdivided for the reserved area, including interest costs incurred on any more than ten years prior to the filing of the tentative maps. loan covering the reserved area. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 1986) Article IV. Reservations. 18.24.220 Termination. If the public agency for whose benefit an area has been 18.24.180 General. reserved does not enter into a binding agreement, the As a condition of approval of a map, the subdivider reservation of the area shall automatically terminate. shall reserve sites, appropriate in area and location, for (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), parks,recreational facilities,fire stations, libraries or other 1986) public uses according to the standards and formula contained in this article. Article V. Waiver of Direct Street Access. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A(part), 1986) 18.24.230 Waiver of Direct Street Access. A. The City may require as a condition of approval 18.24.190 Standards for Reservation of Land. of any subdivision the waiver of direct access rights to Where a park, recreational facility, fire station, proposed or existing streets from any property within the library, or other public use is shown on an adopted specific subdivision and abutting thereon. plan or adopted general plan containing a community B. Any waiver shall become effective in accordance facilities element, recreation and parks element and/or a with its provisions and shall be contained in the owner's public building element, the subdivider may be required by certificate of the final map or parcel map. the City to reserve sites as so determined by the City or (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), County in accordance with the definite principles and 1986) standards contained in the above specific plan or General Plan.The reserved area must be of such size and shape as to permit the balance of the property within which the 2012 S-31 18.28.010 CHAPTER 18.28: VESTING TENTATIVE SUBDIVISION MAPS Section 18.28.010 General. other provisions of this title for a tentative map except as 18.28.020 Consistency. follows: 18.28.030 Application. A. At the time a vesting tentative map is filed it shall 18.28.040 Filing and processing. have printed conspicuously on its face the words "Vesting 18.28.050 Fees. Tentative Map." 18.28.060 Expiration. B. A conceptual zoning plan must be adopted and in 18.28.070 Vesting on approval of vesting effect and a planned development permit must be approved tentative map. and in force prior to the filing of a vesting tentative map for property located in a planned development zone. C. A development zoning plan or conceptual zoning 18.28.010 General. plan must be adopted as in effect prior to the filing of a The form, contents, submittal and approval of vesting vested tentative map for the subject property. tentative subdivision maps shall be governed by the D. At the time a vesting tentative map is filed, a provisions of this chapter. subdivider shall also file these other applications, complete (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), with required fees, plans, and other documentation that 1986) would otherwise be required for the recordation of a final map and issuance of building permits. 18.28.020 Consistency. (Ord. 2085, §2(part),2011; Ord. 2056,(part),2010; Ord. No land shall be subdivided and developed pursuant to 1948, (part), 2004; Ord. 1384, Exhibit A (part), 1986) a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not 18.28.050 Fees. permitted by the Zoning Ordinance or other applicable Upon filing a vesting tentative map, the subdivider provisions of the Municipal Code. shall pay the fees required by the other provisions of this (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), title for the filing and processing of a tentative map. Unless 1986) otherwise stated in other provisions of this title and established fee schedules, the amount of the fee shall be 18.28.030 Application. determined at the time the final map is authorized by City A. Whenever a provision of the Map Act, as Council for recordation. implemented and supplemented by other provisions of this (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), title, requires filing of a tentative map or tentative parcel 1986) map, a vesting tentative map may instead be filed, in accordance with these provisions. 18.28.060 Expiration. B. If a subdivider does not seek the rights conferred The approval or conditional approval of a vesting by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall expire at the end of the same time tentative map shall not be a prerequisite to any approval for period, and shall be subject to the same extensions, any proposed subdivision, permit for construction, or work established by other provisions of this title for the expiration preparatory to construction. of the approval or conditional approval of a tentative map. (Ord. 2085, §2(part),2011; Ord. 1948, (part), 2004; Ord. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), 1384, Exhibit A (part), 1986) 1986) 18.28.040 Filing and Processing. 18.28.070 Vesting on Approval of Vesting A vesting tentative map shall be filed in the same form Tentative Map. and have the same contents,accompanying data and reports A. Vesting. The approval or conditional approval of and shall be processed in the same manner as set forth in the a vesting tentative map shall confer a vested right to proceed 2012 S-31 29 18.28.070 Cupertino-Subdivisions 30 with development in substantial compliance with the ordinances,policies and standards described in Government Code Section 66474.2. B. Conditional or Denial. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined: 1. A failure to do so would place the residence of the subdivision or the immediate community, or both, in a condition dangerous to their health and/or safety; 2. The condition or denial is required in order to comply with State or Federal law. C. Duration of Rights. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 18.28.070. If the final map is approved,these rights shall last for the following periods of time: 1. An initial time period of one year.Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in subdivision 1 of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit of for design or architectural review, if such processing exceeds thirty days from the date a complete application is filed. 3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within fourteen days. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of this subsection, the rights referred to in this section shall continue until the expiration of that permit, or any extension of that permit. (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 18.32.010 CHAPTER 18.32: SUBDIVISION IMPROVEMENTS Section Article I. General. 18.32.250 Amount of security. 18.32.010 General. 18.32.260 Maintenance deposit. 18.32.270 Warranty security. Article II. Improvements Required. 18.32.280 Reduction in performance security. 18.32.020 General. 18.32.030 Frontage requirements. Article IX. Release of Improvement Securities. 18.32.040 Storm drainage. 18.32.290 Performance security. 18.32.050 Sanitary sewers. 18.32.300 Material and labor security. 18.32.060 Water supply. 18.32.310 Warranty security. 18.32.070 Undergrounding utilities. Article X. Construction. Article III. Deferred Improvement Agreements. 18.32.320 Construction. 18.32.080 Subdivisions of four or less parcels. 18.32.090 Remainders/omitted units. Article XI. Construction Inspection. 18.32.330 General. Article IV. Design. 18.32.340 Preconstruction conference. 18.32.100 , General. 18.32.350 Final inspection and deficiency list. 18.32.110 Energy conservation. Article XII. Completion of Improvements. Article V. Access. 18.32.360 Subdivisions of five or more parcels. 18.32.120 Access. 18.32.370 Subdivisions of four or less parcels. 18.32.380 Extensions. Article VI. Improvement Plans. 18.32.130 General. Article XIII. Acceptance of Improvements. 18.32.140 Form. 18.32.390 General. 18.32.150 Contents. 18.32.400 Notice of completion. 18.32.160 Supplementary plans and 18.32.410 Acceptance of a portion of the calculations. improvements. 18.32.170 Review by the City Engineer. 18.32.180 Approval by the City Engineer. 18.32.190 Revisions to approved plans-By Article I. General. subdivider. 18.32.200 Revisions to approved plans-By City 18.32.010 General. Engineer. A. The subdivider shall construct all required 18.32.210 Revisions to approved plans-Plan improvements both on and off-site according to approved checking and inspection costs. standards. B. No final map or parcel map shall be presented to Article VII. Improvement Agreement. the Council or the City Engineer for approval until the 18.32.220 Improvement agreement. subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do such Article VIII. Improvement Security. work. 18.32.230 General. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 18.32.240 Form of security. 1986) 2012 S-31 31 18.32.020 Cupertino-Subdivisions 32 Article II. Improvements Required. 18.32.070 Undergrounding Utilities. A. Each unit or lot within the subdivision shall be 18.32.020 General. served by gas (if required), electric, telephone and A. All improvements as may be required as cablevision facilities. All utilities within the subdivision and conditions of approval of the tentative map or City along peripheral streets shall be placed underground in ordinance, together with but not limited to, the following accordance with Chapters 14.20 and 14.24, of this code, shall be required of all subdivisions. except those facilities exempted by the Public Utilities B. Requirements for construction of on-site and Commission regulations. Undergrounding shall be required off-site improvements for subdivisions of four or less parcels for overhead lines on both sides of peripheral streets. shall be noted on the parcel map,or waiver of parcel map or B. For subdivisions of five or more parcels, the the subdivision improvement agreement recorded prior to or subdivider may request that the undergrounding requirement concurrent with the parcel map. along peripheral streets be waived by the Planning C. Completion of improvements shall be in Commission. The Planning Commission may, at its accordance with Article XII of this chapter. discretion, accept a fee in lieu of the undergrounding. The (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), amount of fee shall be determined by the City Engineer and 1986) shall be one-half of the normal cost of undergrounding existing utilities on residential streets. The requirement for 18.32.030 Frontage Requirements. undergrounding or the acceptance of an The frontage of each lot shall be improved to its in-lieu-of-undergrounding fee shall be made a condition of ultimate adopted geometric section, including street approval of the tentative map. structural section, curbs, sidewalks, driveway approaches C. For subdivision of five or more parcels the and transitions. Any street previously granted a rural or developer may appeal the undergrounding requirement along semi-rural designation under the provisions of Section peripheral streets to the City Council. Such appeal shall be 14.04.040, shall be improved to the standard adopted for in accordance with Section 18.20.070 of this title. The that street. appeal shall be accompanied by an estimate from each utility (Ord. 2085, §2(part),2011; Ord. 1925, (part), 2003; Ord. company for the approximate cost per lineal foot and total 1384, Exhibit A (part), 1986) cost to underground its facilities along the peripheral street. The developer shall pay all fees as may be charged by 18.32.040 Storm Drainage. each utility company to make the required estimate. Stormwater runoff from the subdivision shall be D. The City Council or City Engineer, as the case collected and conveyed by an approved storm drain system. may be, may, at its discretion, accept a fee in lieu of the The storm drain system shall be designed for ultimate undergrounding of existing facilities along peripheral streets. development of the watershed. The storm drain system shall The amount of fee shall not be less than the amount provide for the protection of abutting and offsite properties established by the City Engineer for the normal cost of that would be adversely affected by any increase in runoff undergrounding of existing utilities along residential streets. attributed to the development; off-site storm drain E. In-lieu fees shall be deposited in a special improvements may be required to satisfy this requirement. undergrounding account to be used as approved by the City (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), Council for future undergrounding of utilities throughout the 1986) City. F. For subdivisions of four or less parcels, 18.32.050 Sanitary Sewers. undergrounding requirements may be waived or modified by Each unit or lot within the subdivision shall be served the City Engineer upon finding: by an approved sanitary sewer system. 1. The subdivision is within an area where existing (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), utilities have not been undergrounded; 1986) 2. Overhead utilities will have no significant visual impact. 18.32.060 Water Supply. G. If the undergrounding requirement is waived as Each unit or lot within the subdivision shall be served allowed by subsections F1 and 2 of this section, the in-lieu by an approved domestic water system. fee as established by the City Engineer shall be paid as a (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), condition of approval of the tentative map. 1986) (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 33 Subdivision Improvements 18.32.080 Article III. Deferred Improvement Agreements. Alternatively, the subdivider may omit entirely that portion of any unit or improved or unimproved land which 18.32.080 Subdivisions of Four or Less Parcels. is not divided for the purpose of sale, leasing or financing. A. The frontage improvements along existing In all cases, the remainder or omitted unit shall not be peripheral streets may be deferred when deemed necessary counted as a parcel for the purpose of determining whether by the City Engineer. a parcel map or a final subdivision map is required under Deferral will be allowed when the City Engineer finds this title. that construction is impractical due to physical constraints, B. For a designated remainder or omitted unit or the surrounding neighborhood is absent of similar described herein, the fulfillment of construction improvements. When improvements are deferred, the requirements for improvements, including the payment of subdivider shall enter into an agreement with the City for the fees associated with any deferred improvements,shall not be installation of all frontage improvements at such time in the required until a building permit is issued by the City for future as required by the City. The agreement shall provide: development or redevelopment of such remainder or omitted 1. Construction of such improvements shall unit, or until the construction of the improvements, commence within six months of the receipt of the notice to including the payment of fees associated with any deferred proceed from the City; improvements,is required pursuant to an agreement between 2. That in event of default by the owner, his or her the subdivider and the City. successors or assigns, that City is authorized to cause such C. In the absence of such an agreement described construction to be done and charge the entire cost and above,the City may require fulfillment of such construction expense to the owner, his or her successors or assigns, requirements, including the payment of fees associated with including interest from the date of notice of the cost and any deferred improvements, within a reasonable time expense until paid; following approval of a final map and prior to the issuance 3. That this agreement shall be recorded in the office of the remainder or omitted unit upon a finding by the City of the Recorder of Santa Clara County, California, at the Council that the fulfillment of the construction requirements expense of the owner and shall constitute notice to all is necessary for reasons of: successors and assigns of the title to such real property of 1. The public health and safety; or the obligation herein set forth, and also a lien in such 2. The required construction is a necessary amount as will fully reimburse the City,including interest as prerequisite to the orderly development of the surrounding hereinabove set forth, subject to foreclosure in event of area. default in payment; D. The provisions above described providing for a 4. That in event of litigation occasioned by any deferral of the payment of fees associated with any deferred default of the owner, his or her successors or assigns, the improvements shall not apply if the designated remainder or owner,his or her successors or assigns agree to pay all costs omitted unit is included within the boundaries of a benefit involved, including reasonable attorney's fees, and that the assessment district or community facilities district. same shall become a part of the lien against such real E. Any designated remainder or omitted unit may property; subsequently be sold without the requirement of the filing of 5. That the term "owner" shall include not only the any parcel or final subdivision on condition that either the present owner but also his or her heirs, successors, seller or the buyer obtain a certificate of compliance or executors, administrators and assigns, it being the intent of conditional certificate of compliance from the City the parties hereto that the obligations herein undertaken shall Engineer. run with such real property and constitute a lien there (Ord. 2085, § 2 (part), 2011; Ord. 1609, § 1 (part), 1992; against. Ord. 1384, Exhibit A (part), 1986) B. The agreement shall not relieve the owner from any other requirements specified herein.The construction of Article IV. Design. deferred improvements shall conform to the provisions of this title and all applicable articles of the Municipal Code in 18.32.100 General. effect at the time of construction. The design and layout of all required improvements (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), both on and off-site, private and public, shall conform to 1986) generally acceptable engineering standards and to such standards as approved by the City Engineer. If the 18.32.090 Remainders/Omitted Units. subdivider or the subdivider's engineer disagrees with the A. The subdivider may designate as a remainder that standards applied in interpreting the tentative map conditions portion which is not divided for purpose of sale, lease or of approval by the City Engineer, the interpretation may be financing. 2012 S-31 18.32.100 Cupertino-Subdivisions 34 appealed to the Planning Commission according to Article VI. Improvement Plans. procedures set forth in Section 18.20.070. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A(part), 18.32.130 General. 1986) A. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer 18.32.110 Energy Conservation. licensed by the State of California. A. The design of a subdivision for which a tentative B. Improvement plans shall include but not be map is required,pursuant to Chapter 18.12 of this title,shall limited to grading, storm drains, landscaping, streets and provide, to the extent feasible, for future passive or natural related facilities. heating or cooling opportunities in the subdivision. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), B. Examples of passive or natural heating 1986) opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an 18.32.140 Form. east-west alignment for southern exposure. A. Plans,profiles and details shall be legibly drawn, C. Examples of passive or natural cooling printed or reproduced on twenty-four-inch by thirty-six-inch opportunities in subdivision design include design of lot size sheets. A border shall be made on each sheet providing and configuration to permit orientation of a structure to take one-half inch at top, bottom and right side and advantage of shade or prevailing breezes. one-and-one-half inches on the left side. D. In providing for future passive or natural heating B. A suitable title block shall be placed in the lower or cooling opportunities in the design of a subdivision, right corner or along the right edge and provide adequate consideration shall be given to local climate, to contour, to space for approval by the City Engineer and for approval of configuration of the parcel to be divided,and to other design plan revisions. and improvement requirements,and such provision shall not C. Plan and profiles shall be drawn to the scale of result in reducing allowable densities or the percentage of a one inch equals forty feet or larger unless approved by the lot which may be occupied by a building or structure under City Engineer. Details shall be drawn to such scale that applicable plannjng and zoning in force at the time the clearly shows the facility being constructed. The scales for tentative map is filed. various portions of the plans shall be shown on each sheet. E. The requirements of this section do not apply to D. A vicinity map shall be shown on the first sheet condominium projects or stock cooperatives which consist of all sets of plans. of the subdivision of airspace in an existing building when E. A north arrow shall be shown on each sheet when no new structures are added. applicable. F. For the purpose of this section, "feasible"means F. Plans shall be laid out to orient north to the top or capable of being accomplished in a successful manner within right edge of the sheet unless approved otherwise by the City a reasonable period of time taking into account economic, Engineer. environmental, social and technological factors. G. All lettering shall be one-eighth inch minimum. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), H. If the plans include three or more sheets, a cover 1986) sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included. Article V. Access. I. The form of all plans shall conform to such additional requirements as may be established by the City 18.32.120 Access. Engineer. The fmal form of all plans shall be as approved by A. The subdivision shall abut upon or have an the City Engineer. approved access to a public street. Each unit or lot within (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), the subdivision shall have an approved access to a public or 1986) private street. Flag lot access shall be a minimum of twenty feet in width unless approved by the City Engineer. 18.32.150 Contents. B. Street layout shall be designed to provide for A. The improvement plans shall show complete future access to, and not impose undue hardship upon, plans, profiles and details for all required improvements to property adjoining the subdivision. be constructed, both public and private (including common C. Reserve strips, or nonaccess at the end of streets areas). or at the boundaries of subdivisions, shall be dedicated B. Reference may be made to the City of Cupertino, unconditionally to the City when required. Santa Clara County or State standard plans in lieu of (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), duplicating the drawings thereon. 1986) (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 35 Subdivision Improvements 18.32.160 18.32.160 Supplementary Plans and Calculations. proposed revision. If the revision is acceptable,the originals Hydrology, hydraulic plans and calculations, bond shall be submitted to the City Engineer's office for estimates and any structural calculations as may be required, initialing.The originals shall be returned to the subdivider's shall be submitted with the improvement plans to the City engineer and two sets of the revised plans shall be Engineer. All calculations shall be legible, systematic and immediately transmitted to the City Engineer. signed and dated by a registered civil engineer licensed by Construction of any proposed revision will not be the State of California and in a form as approved by the City permitted to commence until revised plans have been Engineer. received and forwarded to the City's Public Works (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), Inspection Division. 1986) (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.32.170 Review by the City Engineer. The subdivider shall submit two sets of improvement 18.32.200 Revisions to Approved Plans—By City plans and two copies of all computations to the City Engineer. Engineer for review. Upon completion of his or her review, A. When revisions are deemed necessary by the City one set of the preliminary plans,with the required revisions Engineer to protect public health and safety, or as field indicated thereon, will be returned to the subdivider's conditions may require, a request in writing shall be made engineer. to the subdivider and his or her engineer.The subdivider's (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), engineer shall revise the plans and transmit.the originals to 1986) the City Engineer for initialing within such time as specified by the City Engineer.Upon receipt of the initialed originals, 18.32.180 Approval by the City Engineer. the subdivider's engineer shall immediately transmit two sets A. After completing all required revisions, the of revised drawings to the City Engineer.Construction of all subdivider's engineer shall transmit the originals of the or any portion of the improvements may be stopped by the improvement plans to the City Engineer for his or her City Engineer until revised drawings have been submitted. signature. B. The subdivider may appeal revisions required by B. Upon fmding that all required revisions have been the City Engineer to the City Council by filing an appeal made and that the plans conform to all applicable City with the City Clerk within two working days following ordinances, design review requirements and conditions of receipt of the request to revise the plans. approval of the tentative map, the City Engineer shall sign (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), and date the plans. The originals will be returned to the 1986) subdivider's engineer. C. Approval of the improvement plans shall not be 18.32.210 Revisions to Approved Plans—Plan construed as approval of the sanitary sewer or water Checking and Inspection Costs. construction plans or compliance with County, State or Costs incurred by the City for the checking of plans or Federal laws. calculations or inspection as a result of revisions to the D. Approval by the City Engineer shall in no way approved plans shall be borne by the subdivider. relieve the subdivider or his or her engineer from (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), responsibility for the design of the improvements and for 1986) any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map. Article VII. Improvement Agreement. E. Prior to the start of work, the subdivider's engineer shall submit all required microfilm, sepias and 18.32.220 Improvement Agreement. copies of both maps and improvement plans to the City. The agreement shall be prepared and signed by the (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), City Engineer and approved as to form by the City 1986) Attorney. The agreement shall provide for: A. Construction of all improvements per the 18.32.190 Revisions to Approved Plans—By approved plans and specifications; Subdivider. B. Completion of improvements within the time Requests by the subdivider or the engineer for specified by Article XII of this chapter; revisions to the approved plans appearing necessary or C. Right by City to modify plans and specifications; desirable during construction shall be submitted in writing D. Warranty by subdivider that construction will not to the City Engineer or his or her appointee and shall be adversely affect any portion of adjacent properties; accompanied by two sets of revised drawings showing the 2012 S-31 18.32.220 Cupertino-Subdivisions 36 E. Payment of inspection fees in accordance with the The provisions of the bond or bonds shall be in City's resolution establishing fees and charges; accordance with Sections 66499.1 and 66499.2 of the F. Payment of in-lieu fees for undergrounding of Government Code. utilities on peripheral streets; payment of in-lieu fees for (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), parkland dedication; 1986) G. Payment of drainage district or area fees; H. Improvement security as required by this chapter; 18.32.250 Amount of Security. I. Maintenance and repair of any defects or failures A. A performance bond or security in the amount of and causes thereof; one hundred percent of the estimated construction cost to J. Release of the City from all liability incurred by guarantee the construction or installation of all the development and payment of all reasonable attorney's improvements shall be required of all subdivisions. An fees that the City may incur because of any legal action additional amount of one hundred percent of the estimated arising from the development; construction cost shall be required-to guarantee the payment K. Any other deposits,fees or conditions as required to the subdivider's contractor, subcontractors, and to by City ordinance or resolution and as may be required by persons furnishing labor, materials or equipment for the the City Engineer. construction or installation of improvements. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), B. The estimate of improvement costs shall be as 1986) approved by the City Engineer and shall provide for: 1. Ten percent of the total construction cost for Article VIII. Improvement Security. contingencies; 2. All utility installation costs or a certification 18.32.230 General. acceptable to the City Engineer from the utility company A. Any improvement agreement, contract or act that adequate security has been deposited to insure required or authorized by the Subdivision Map Act, for installation; which security is required, shall be secured in accordance 3. In addition to the full amount of the security, with Section 66499 of the Government Code and as provided there shall be included costs and reasonable expenses and herein. fees, including attorney's fees, incurred in enforcing the B. No fmal map or parcel map shall be signed by the obligation secured. City Engineer or recorded until all improvement securities (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), required by this article have been received and approved. 1986) (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A(part), 1986) 18.32.260 Maintenance Deposit. The developer shall deposit with the City not less than 18.32.240 Form of Security. one thousand dollars cash for subdivisions of four or less The form of security shall be one or the combination of parcels,and three thousand dollars for other subdivisions,or the following at the option and subject to the approval of the such additional amount as required by the City Engineer,not City. to exceed one percent of the construction cost. The deposit A. Bond or bonds by one or more duly authorized may be used at the discretion of the City to correct corporate sureties; deficiencies and conditions caused by the subdivider or his B. A deposit, either with the local agency or a or her contractor that may arise during or after the responsible escrow agent or trust company, at the option of construction of the subdivision. Any unexpended amount the local agency, of money or negotiable bonds of the kind will be returned to the developer at the time all bonds are approved for securing deposits of public moneys; released. C. An instrument of credit from one or more (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), financial institutions subject to regulation by the State or 1986) Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed 18.32.270 Warranty Security. for payment, or a letter of credit issued by such a financial Upon acceptance of the subdivision improvements by institution; the City Council,the subdivider shall provide security in the D. A lien upon the property to be divided,created by amount as required by the City Engineer to guarantee the contract between the owner and the local agency,if the local improvements throughout the warranty period. The amount agency finds that it would not be in the public interest to of the warranty security shall be not less than ten percent of require the installation of the required improvement sooner the cost of the construction of the improvements, including than two years after the recordation of the map. the cash bond which shall be retained for the one-year 2012 S-31 37 Subdivision Improvements 18.32.270 warranty period. In hillside areas, the warranty security the City, as adopted by Council resolution. The general shall be not less than fifty percent of the construction cost of provisions of the City's standard specifications shall apply improvement. to the developer where applicable. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), B. Construction shall not commence until required 1986) improvement plans have been approved by the City Engineer and all required microfilm, sepias and copies of both maps 18.32.280 Reduction in Performance Security. and improvement plans have been received by the City. The City Engineer may authorize in writing the release (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), of a portion of the security in accordance with Government 1986) Code Section 66499.7. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), Article XI. Construction Inspection. 1986) 18.32.330 General. Article IX. Release of Improvement Securities. All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the 18.32.290 Performance Security. City's standard specifications. A. The performance security shall be released only (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A(part), upon acceptance of the improvements by the City and when 1986) an approved warranty security has been filed with the City Engineer. 18.32.340 Preconstruction Conference. B. If warranty security is not filed, performance Prior to commencing any construction, the developer security shall be released twelve months after acceptance of shall arrange for a preconstruction conference with the improvements and correction of all warranty deficiencies. Public Works Inspector. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 1986) 18.32.300 Material and Labor Security. 18.32.350 Final Inspection and Deficiency List. Security given to secure payment to the contractor, A. Upon completion of the subdivision subcontractors and to persons furnishing labor, material or improvements, the developer shall apply in writing to the equipment may, six months after the completion and Public Works Inspector for a preliminary final inspection. acceptance of the improvements by the City Council, be The Public Works Inspector or authorized representative reduced to an amount equal to the amount of all claims shall schedule a preliminary final inspection. therefor filed and of which notice has been given to the City B. A deficiency list shall be compiled during the Council. The balance of the security shall be released upon inspection, noting all corrections or any additional work the settlement of all such claims and obligations for which required. If the number of items are excessive or the the security was given. subdivision appears incomplete, the preliminary fmal (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), inspection may be halted and rescheduled on a date as 1986) determined by the Public Works Inspector or authorized representative. 18.32.310 Warranty Security. C. Upon having completed all corrections or The warranty security shall be released upon additional work as outlined by the deficiency list, the satisfactory completion of the warranty period provided: developer shall certify in writing that all corrections have A. All deficiencies appearing on the warranty been completed satisfactorily and request a fmal inspection. deficiency list for the subdivision have been corrected; The Public Works Inspector or authorized representative B. Not less than twelve months have elapsed since shall then make a fmal inspection. the acceptance of the improvements by the City Council. D. Upon finding that all items on the deficiency list (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A(part), have been corrected and receipt of as-built improvement 1986) plans,the subdivision shall be placed on the Council agenda for acceptance. Article X. Construction. E. The completion of corrections indicated by the deficiency list shall not relieve the developer from the 18.32.320 Construction. responsibility of correcting any deficiency not shown on the A. The construction methods and materials for all list that may be subsequently discovered. improvements shall conform to the standard specifications of (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 18.32.360 Cupertino-Subdivisions 38 Article XII. Completion of Improvements. 1. Revision of improvement plans to provide for current design and construction standards when required by 18.32.360 Subdivisions of Five or More Parcels. the City Engineer; A. The subdivision improvements shall be completed 2. Revised improvement construction estimates to by the developer within eighteen months, or such time as reflect current improvement costs as approved by the City approved by the City Engineer, not to exceed a period of Engineer; twenty-four months, from the recording of the final map, 3. Increase of improvement securities in accordance unless an extension is granted by the City Council. with revised construction estimates; B. Should the subdivider fail to complete the 4. Inspection fees may be increased to reflect current improvements within the specified time, the City may, by construction costs but shall not be subject to any decrease or resolution of the Council and at its option, cause any or all refund. uncompleted improvements to be completed and the parties D. The City Council may impose additional executing the surety or sureties shall be firmly bound for the requirements as recommended by the City Engineer or as it payment of all necessary costs. may deem necessary as a condition to approving any time (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), extension for the completion of improvements. 1986) E. The costs incurred by the City in processing the agreement shall be borne by the developer at actual cost. 18.32.370 Subdivisions of Four or Less Parcels. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), A. Completion of improvements will not be required 1986) until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied Article XIII. Acceptance of Improvements. for. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision. 18.32.390 General. B. The completion of the improvements may be A. When all improvement deficiencies have been required by a specified date by the City when the completion corrected and as-built improvement plans filed, the of such improvements are found to be necessary for public subdivision improvements shall be considered by the City health or safety or for the orderly development of the for acceptance.Subdivisions of five or more parcels must be surrounding area. This finding shall be made by the City accepted by the City Council. The City Engineer or Engineer or authorized representative. Such specified date, authorized representative shall be responsible for the when required, shall be stated in the subdivision acceptance of subdivisions of four or less parcels. improvement agreement. B. Acceptance of the improvements shall imply only (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), that the improvements have been completed satisfactorily 1986) and that public improvements have been accepted for public use. 18.32.380 Extensions. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A(part), A. The completion date may be extended by the City 1986) Council for subdivisions of five or more parcels and by the City Engineer for subdivisions of four or less parcels upon 18.32.400 Notice of Completion. written request by the developer and the submittal of If the subdivision has been accepted by the City, the adequate evidence to justify the extension. City Clerk shall cause to be filed with the County Recorder The request shall be made not less than thirty days a notice of completion. prior to expiration of the subdivision improvement (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), agreement. 1986) B. The subdivider shall enter into a subdivision improvement agreement extension with the City. For 18.32.410 Acceptance of a Portion of the subdivisions of five or more parcels the agreement shall be Improvements. prepared and signed by the City Engineer, approved as to A. When requested by the subdivider in writing, the form by the City Attorney, executed by the subdivider and City may consider acceptance of a portion of the transmitted to the City Council for their consideration. If improvements as recommended by the City Engineer. The approved by the City Council, the Mayor shall execute the improvements will be accepted by the City only if it finds agreement on behalf of the City. that it is in the public interest and such improvements are for C. In consideration of a subdivision improvement the use of the general public. extension agreement, the following may be required: 2012 S-31 39 Subdivision Improvements 18.32.410 B. Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this chapter. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 18.36.010 CHAPTER 18.36: REVERSIONS TO ACREAGE Section 18.36.010 General. C. Evidence that none of the improvements required 18.36.020 Initiation of Proceedings-By owners. to be made have been made within two years from the date 18.36.030 Initiation of proceedings-By City the final map or parcel map was filed for record, or within Council. the time allowed by agreement for completion of the 18.36.040 Contents of petition. improvements, whichever is later; 18.36.050 Submittal of petition to the City D. Evidence that no lots shown on the final or parcel Engineer. map have been sold within five years from the date such 18.36.060 City Council approval. final or parcel map was filed for record; 18.36.070 Filing with County Recorder. E. A tentative map in the form prescribed by Article I of Chapter 18.16 or Article I of Chapter 18.20 of this title; F. A final or parcel map in the form prescribed by 18.36.010 General. Article II of Chapter 18.16 or Article II of Chapter 18.20 of Subdivided property may be reverted to acreage this title which delineates dedications which will not be pursuant to provisions of this chapter and the Map Act.This vacated and dedications required as a condition to reversion. chapter shall apply to fmal maps and parcel maps. Final or parcel maps shall be conspicuously designated with (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), the title, "The Purpose of this Map is a Reversion to 1986) Acreage"; G. A deposit as required by the City Engineer 18.36.020 Initiation of Proceedings-By Owners. toward processing and plan checking costs in accordance Proceedings to revert subdivided property to acreage with the City's establishing fees and charges. may be initiated by petition of all of the owners of record of (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A(part), the property. The petition shall be in a form prescribed by 1986) the City Engineer.The petition shall contain the information required by Section 18.36.040 and such other information as 18.36.050 Submittal of Petition to the City required by the City Engineer. Engineer. (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), A. The final map or parcel map for the reversion 1986) together with all other data as required by this chapter shall be submitted to the City Engineer for his or her review. 18.36.030 Initiation of Proceedings-By City B. Upon finding that the petition meets with all the Council. requirements of this title and the Map Act, the City The City Council,at the request of any person or on its Engineer shall submit the final map or parcel map,together own motion may, by resolution, initiate proceedings to with his or her report and recommendations of approval or revert property to acreage.The City Council shall direct the conditional approval of the reversion to acreage,to the City City Engineer to obtain the necessary information to initiate Council for their consideration. and conduct the proceedings. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A(part), 1986) 1986) 18.36.060 City Council Approval. 18.36.040 Contents of Petition. A. A public hearing shall be held by the City Council The petition shall contain but not be limited to the on all petitions for initiations for reversions to acreage. following: Notice to the public hearing shall be given as provided in A. Evidence of title to the real property; Section 66451.3 of the Government Code. The City B. Evidence of the consent to all of the owners of an Engineer may give such other notice that it deems necessary interest in the property; or advisable. 2012 S-31 41 18.36.060 Cupertino-Subdivisions 42 B. The City Council may approve a reversion to acreage only if it fords and records by resolution that: 1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and 2. Either: a. All owners of an interest in the real property within the subdivision have consented to reversion, or b. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or c. No lots shown on the final or parcel map have been sold within five years from the date the map was filed for record. C. The City Council may require as conditions of the reversion: 1. The owners dedicate or offer to dedicate streets, public rights-of-way or easements; 2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this title. (Ord. 2085, §2 (part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.36.070 Filing with County Recorder. A. Upon approving the reversion to acreage,the City Engineer shall transmit the final map or parcel map, together with the City Council resolution approving the reversion, to the County Recorder for recordation. B. Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 18.40.010 CHAPTER 18.40: PARCEL MERGERS Section 18.40.010 Merger required. 18.40.020 Recordation of Notice-Effective Date of 18.40.020 Recordation of notice-Effective date Merger. of merger. A merger of parcels becomes effective when the 18.40.030 Notice of intent to determine status Director of Community Development causes to be filed for and request for hearing. record with the County Recorder, a notice of merger 18.40.040 Hearing; procedure. specifying the names of the record owners and particularly 18.40.050 Hearing de novo; City Council. describing the real property to be merged. 18.40.060 Effect of previously merged parcels. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.40.010 Merger Required. 18.40.030 Notice of Intent to Determine Status A parcel of land shall be merged with a contiguous and Request for Hearing. parcel of land held by the same owner if one of the Prior to recording a notice of merger, the Director of contiguous parcels held by the same owner does not conform Community Development shall cause to be mailed by to the standards for minimum parcel size for the applicable certified mail to the then current record owners of the zone within the City and if all of the following requirements property a notice of intention to determine status, notifying are satisfied: . the owner that the affected parcels may be merged pursuant A. At least one of the affected parcels is not to standards specified in Section 18.40.010,and advising the developed with a structure, other than an accessory owner of the opportunity to request a hearing on structure, for which a building permit was issued by a local determination of status and to present evidence at the agency, or which was built prior to the time such permits hearing that the property does not meet the criteria for were required by the applicable local agency or is developed merger. The notice of intention to determine status shall be with a single structure, other than an accessory structure, filed for record with the County Recorder on the date that that is partially sited on a contiguous parcel or parcels; notice is mailed to the property owner. At any time within B. With respect to any affected parcel, one or more thirty days after recording of the notice of intention to of the following conditions exist: determine status,the owner of the affected property may file 1. Comprise less than five thousand square feet in with the Director of Community Development a request for area at the time of the determination of merger, a hearing on determination of status.If,within the thirty-day 2. Was not created in compliance with applicable period, the owner does not file a request for hearing as laws and ordinances in effect at the time of its creation, described,the Director of Community Development may,at 3. Does not meet current standards for sewage any time thereafter, make a determination that the affected disposal and domestic water supply, parcels are to be merged or are not to be merged. A 4. Does not meet slope stability standards of the determination of merger shall be recorded as provided in City, Section 18.40.020, no later than ninety days following the 5. Has no legal access which is adequate for mailing of the notice of intention to determine status. vehicular and safety equipment access and maneuverability, (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 6. Its development would create health and safety 1986) hazards, 7. Is inconsistent with the applicable general plan 18.40.040 Hearing; Procedure. and any specific plan other than minimum lot size or density A. Upon receiving a request for a hearing on standards. determination of status, the Director of Community (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), Development shall fix a time, date and place for a hearing 1986) to be conducted by the Director of Community 2012 S-31 43 18.40.040 Cupertino-Subdivisions 44 Development, and shall so notify the property owner by and for which a notice of merger was recorded on or before certified mail. The hearing shall be conducted not less than January 1, 1984. thirty days nor more than sixty days following the City's (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), receipt of the property owner's request therefor,but may be 1986) postponed or continued with the mutual consent of the Director of Community Development and the property owner. B. At the hearing,the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards specified in Section 18.40.010. C. At the conclusion of the hearing, the Director of Community Development shall make a determination that the affected parcels are to be merged, or are not to be merged, and shall so notify the owner of his or her determination. A determination of merger shall be recorded within thirty days after conclusion of the hearing, as provided for in Section 18.40.020. If the Director of Community Development determines that the subject property shall not be merged, he or she shall cause to be recorded in the manner specified in Section 18.40.020, a release of the notice of intention to determine status previously recorded and shall mail a clearance letter to the then-current owner of record. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.40.050 Hearing De Novo; City Council. Any property owner of an affected property may, within ten days after notification of the Director of Community Development of his or her determination of merger as provided in Section 18.40.040, file a written request with the City Clerk for de novo hearing before the City Council. The hearing shall be held within thirty days from the filing of the request but may be postponed or continued with the mutual consent of the City Council and the property owner. The hearing will be conducted in the same manner as the hearing held before the Director of Community Development;provided,however,that the City Council may make a determination of nonmerger regardless of whether or not the affected property meets the standards for merger specified in Section 18.40.010 as long as such determination of nonmerger is consistent with the City's general plan and any applicable specific plan. (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.40.060 Effect of Previously Merged Parcels. The ordinance codified in this chapter does not affect the validity of parcels which have previously been merged, 2012 S-31 18.44.010 CHAPTER 18.44: CORRECTION AND AMENDMENTS OF MAPS Section 18.44.010 Requirements. the recorded map. The modification shall be set for public 18.44.020 Form and contents. hearing before the City Engineer or approval authority 18.44.030 Submittal and approval by the City according to Section 18.20.050. Engineer. The City Engineer or approval authority shall confine 18.44.040 Filing with the County Recorder. the hearing to consideration of, and action on,the proposed 18.44.050 Fee. modification. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.44.010 Requirements. After a fmal or parcel map is filed in the office of the 18.44.020 Form and Contents. County Recorder, it may be amended by a certificate of The amending map or certificate of correction shall be correction or an amending map: prepared by a registered civil engineer or licensed land A. To correct an error in any course or distance surveyor. The form and contents of the amending map shall shown thereon; conform to the requirements of Article II of Chapter 18.16 B. To show any course or distance that was omitted if a final map, or Article II of Chapter 18.20 if a parcel therefrom; map.The certificate of correction shall set forth in detail the C. To correct an error in the description of the real corrections made and show the names of the present fee property shown on the map; owners of the property affected by the correction. D. To indicate monuments set after the death, (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), disability or retirement from practice of the engineer or 1986) surveyor charged with responsibilities for setting monuments; 18.44.030 Submittal and Approval by the City E. To show the proper location of any monument Engineer. which has been changed in location or character, or A. The amending map or certificate of correction, originally was shown at the wrong location or incorrectly as complete as to fmal form shall be submitted to the City to its character; Engineer for his or her review and approval. F. To correct any other type of map error or B. The City Engineer shall examine the amending omission as approved by the City Engineer,if the correction map or certificate of correction and if the only changes made does not impose any additional burden on the present fee are those set forth in Section 18.44.010, he or she shall owners of the real property and does not alter any right, certify to this fact on the amending map or certificate of title, or interest in the real property reflected on the correction. recorded map which does not affect any property right; (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), G. Errors and omissions may include, but not be 1986) limited to, lot numbers, acreage, street names and identification of adjacent record maps. Error does not 18.44.040 Filing with the County Recorder. include changes in courses or distances from which an error The amending map or certificate of correction certified is not ascertainable from the data shown on the final or by the City Engineer shall be filed in the office of the parcel map; County Recorder in which the original map was filed. Upon H. To make modifications when there are changes filing, the County Recorder shall index the names of the fee which make any or all of the conditions of the map no owners and the appropriate tract designation shown on the longer appropriate or necessary and that the modifications amending map or certificate of correction in the general do not impose any additional burden on the present fee index and map index respectively. Thereupon, the original owner of the property, and if the modifications do not alter map shall be deemed to have been conclusively corrected any right, title or interest in the real property reflected on and thereafter shall impart constructive notice of all 2012 S-31 45 18.44.040 Cupertino-Subdivisions 46 corrections in the same manner as though set forth upon the original map. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 18.44.050 Fee. The fee for checking, processing and recording the amended map or certificate of correction shall be in accordance with the City's resolution establishing fees and charges. A deposit to be applied toward this fee may be required by the City Engineer upon submittal of the amended map or certificate of correction for his or her review. (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), 1986) 2012 S-31 18.48.010 CHAPTER 18.48: ENFORCEMENT OF ARTICLE PROVISIONS Section 18.48.010 Prohibition. personal representative or trustee in insolvency or 18.48.020 Remedies. bankruptcy within one year after the date of discovery of the 18.48.030 Certificate of compliance. violation,but the deed of conveyance,sale or contract to sell 18.48.040 Certificate of noncompliance. is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person 18.48.010 Prohibition. contracting to sell, or his or her assignee, heir or devisee. A. No person shall offer to sell or lease, to contract B. Any grantee, or his or her successor in interest, to sell or lease, to sell or lease or to fmance any parcel or of real property which has been divided, or which has parcels of real property or to commence construction of any resulted from a division,in violation of the provisions of this building for sale, lease or financing thereon, except for title or the Map Act may, within one year of the date of model homes, or to allow occupancy, for which a final map discovery of such violation, bring an action in the superior or parcel map is required by this title, or the Map Act,until court to recover any damages he or she has suffered by such map thereof, in full compliance with the provisions of reason of such division of property. The action may be this title, or the Map Act, has been filed with the County brought against the person who divided the property in Recorder for record. violation and against any successors in interest who have B. No person shall sell, lease or finance any parcel actual or constructive knowledge of such division of or parcels of real property or commence construction of any property. building for sale, lease or financing thereon, except for C. The provisions of this section shall not apply to model homes, or allow occupancy, for which a parcel map the conveyance of any parcel of real property identified in is required by this title or the Map Act, until such map a certificate of compliance filed pursuant to Section thereof, in full compliance with the provisions of this title 66499.35 of the Government Code or identified in a and the State Subdivision Map Act, has been filed with the recorded fmal map or parcel map,from and after the date of County Recorder for record. recording. The provisions of this section shall not limit or C. Conveyances of any part of a division of real affect in any way the rights of a grantee or his or her property for which a final or parcel map is required by this successor in interest under any other provision of law. title shall not be made by parcel or block number, initial or D. This section does not bar any legal, equitable or other designation, unless and until such map has been filed summary remedy to which the City or other public agency, with the County Recorder for record. or any person, firm or corporation may otherwise be D. This section does not apply to any parcel or entitled,and the City or other public agency,or person,firm parcels of a subdivision offered for sale or lease,contracted or corporation may file a suit in the superior court of Santa for sale or lease, or sold or leased in compliance with or Clara County to restrain or enjoin any attempted or exempt from any law (including a local ordinance), proposed subdivision for sale,lease or fmancing in violation regulating the design and improvement of subdivisions in of this title. effect at the time the subdivision was established. E. The City shall not issue a permit or grant any (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), approval necessary to develop any real property which has 1986) been divided, or which has resulted from a division, in violation of the provisions of this title or the Map Act if it 18.48.020 Remedies. finds that development of such real property is contrary to A. Any deed of conveyance, sale or contract to sell the public health or the public safety. The authority to deny real property which has been divided,or which has resulted a permit or approval shall apply whether the applicant was from a division, in violation of the provisions of this title or the owner of the real property at the time of violation or the Map Act, is voidable at the sole option of the grantee, whether the applicant is the current owner of the real buyer or person contracting to purchase, his or her heirs, property with,or without,actual or constructive knowledge 2012 S-31 47 18.48.020 Cupertino-Subdivisions 48 of the violation at the time of the acquisition of his or her F. A fee to be charged at actual cost shall be charged interest in such real property. to the applicant for making the determination and processing F. The City,in issuing a permit or granting approval the certificate of compliance. A deposit may be required to for the development of any real property,may impose those be applied toward this fee. additional conditions as would have been applicable to the (Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), division of the property at the time the current owner of 1986) record acquired the property, and which has been established at such time by this title or local ordinance 18.48.040 Certificate of Noncompliance. enacted pursuant thereto, except that if a conditional Whenever the City Engineer or an authorized certificate of compliance has been filed for record under the representative has knowledge that real property has been provisions of this chapter,only conditions stipulated shall be divided in violation of the provisions of this title or the Map applicable. Act, they shall cause to be filed for record with the County (Ord. 2085, §2(part), 2011; Ord. 1384, Exhibit A (part), Recorder a tentative notice of violation (Certificate of 1986) Noncompliance) describing the real property in detail, naming the owners thereof,and describing the violation and 18.48.030 Certificate of Compliance. stating that an opportunity will be given to the owner to A. Any person owning real property within the City present evidence. At least thirty days prior to the recording may request the City Engineer to determine whether such of a final notice, the owner of the real property shall be real property complies with the provisions of this title and advised in writing of the intention to record a final notice the Map Act. and specifying a time, date and place at which the owner B. Upon making such determination, the City may present evidence as to why such notice should not be Engineer shall cause a certificate of compliance to be filed recorded. If, after the owner has presented evidence, it is for record with the County Recorder. The certificate of determined that there has been no violation, a release of the compliance shall identify the real property and shall state tentative notice shall be filed with the County Recorder.The that the division of land complies with applicable provisions tentative or fmal notice of noncompliance, when recorded, of the City of Cupertino Municipal Code and the Map Act. shall be deemed to be constructive notice of the violation to C. If the City Engineer determines that such real all successors in interest in such property. property does not comply with the provisions of the (Ord. 2085, § 2(part), 2011; Ord. 1384, Exhibit A (part), Municipal Code or Map Act, he or she may, as a condition 1986) to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property,and which had been established at such time by ordinance. Upon making a determination and establishing conditions, the City Engineer or authorized representative shall cause a conditional certificate of compliance to be filed for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner,or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued. D. A recorded fmal map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. E. For the purposes of administration of this section, any parcel that is shown on the County Assessor's maps prior to 1960 shall be considered as a conforming parcel. 2012 S-31 18.52.010 CHAPTER 18.52: HILLSIDE SUBDIVISIONS Section 18.52.010 Requirements. B. Lot Configuration. 18.52.020 Purpose. 1. The area of each lot shall be of sufficient size to 18.52.030 Lot design standards. include the house together with required setbacks and yards, 18.52.040 Street design standards. adequate space or access drives and off-street parking,septic 18.52.050 Lot sizes more or less 2.5 acres— tank systems, if permitted,and necessary cut and/or bells. Street design. 2. Each lot shall be reviewed for appropriate 18.52.060 Street and utility improvements. building pad locations. Appropriate building pad locations 18.52.070 Private driveways for two or more shall take into account the ridgeline visibility standards, parcels. views from open space, slope of the lot,location to riparian 18.52.080 Scope of regulations. corridors, protection of natural vegetation, and wildlife migration. These issues shall be studied to determine the best building location and mitigate any negative 18.52.010 Requirements. environmental impacts and meet the building and setback The hillside subdivision requirement prescribed by this requirements as established in Chapter 19.40, Residential chapter shall apply to subdivision of land, as defined in this Hillside Zones, of this code. title of geographical areas where the natural average slope 3. The manmade environment (roads, houses, of the land exceeds ten percent. fences) is shaped to a large degree by property lines. (Ord. 2085, § 2(part), 2011; Ord. 1575, (part), 1991) Therefore, property lines shall reflect natural land forms to the greatest extent possible. For example, lot lines should 18.52.020 Purpose. follow the natural contour of a hillside, not straight lines A. The hillside subdivision regulations are intended drawn for engineering design and surveying convenience. to guide parceling of hillside land in a manner which results C. Clustering Development and Subdivisions. in harmony between human development activities and the 1. Major Subdivisions in the Five to Twenty Acre natural environment. To meet that end, the ordinance relies Slope Density Designation. heavily upon the land use policies contained within the a. Development lots and major subdivisions in the City's General Plan. A portion of the hillside subdivision five to twenty acre slope density designation shall be regulations are discretionary in nature due to the wide clustered, reserving ninety percent of the land in private variation in the natural setting of the hillside areas within the open space to protect the unique characteristics of the community. The hillside development philosophy of the hillsides from adverse environmental impacts. The project General Plan will therefore aid the Planning Commission shall keep the number of lot clusters minimized, and the and City Council in their review of hillside subdivision open space area contiguous, to the greatest extent possible. proposals. The ninety percent private open space can be contained in B. The hillside subdivision regulations pertain to the individual lots regulated by an open space easement or as parceling of land. The Grading Ordinance, Tree Removal land held in common as dedicated open space. The project Ordinance,Residential Hillside Zoning Ordinance and other shall keep the open space area contiguous as much as general and specific community ordinances also play a role possible. A lot having common ownership, containing the in the regulation of hillside development. designated open space, will not be counted in the total (Ord. 2085, § 2(part), 2011; Ord. 1575, (part), 1991) dwelling unit yield. b. Significant natural features shall be identified on 18.52.030 Lot Design Standards. the tentative map: riparian and native vegetation including A. General. The standards listed below shall be trees, shrubs and ground cover; all topography and areas of utilized to evaluate the lot configuration of hillside slope over thirty percent watercourses; faults; landslides; subdivision applications. The standards augment lot design views of prominent ridgelines; and views from adjacent requirements contained in applicable land use zoning properties. districts. 2012 S-31 49 18.52.030 Cupertino-Subdivisions 50 c. As a condition of the subdivision,all development E. Off-Street Parking. Where lots have frontage on except that which is allowed in Chapter 19.88, Open Space a public roadway or driveway having a pavement section of Ordinance,of this code,shall be completely contained in the less than thirty feet or on a roadway or driveway which does ten percent development area, which should be designed to not permit parking at the curb, each lot shall provide avoid adversely impacting the natural features.The lot sizes adequate turnaround space and four independently functional will be determined in the review process. The use of the off-street parking spaces. The four parking spaces shall be ninety percent open space area shall be limited to their uses in addition to the required two garage or carport spaces. allowed in Chapter 19.88, Open Space Ordinance, of this F. Frontage. code. 1. All lots shall front on a public street or private 2. Minor Subdivisions in the Five to Twenty Acre driveway as provided in Section 18.32.120. Slope Density Designation. 2. Where the principal frontage of a lot is by means a. Development of lots and minor subdivisions in the of a corridor, such corridor shall be at least twenty feet five to twenty acre slope density designation are encouraged wide. A lesser width for a corridor may be approved when to be clustered, reserving ninety percent of the land in a twenty-foot width would not be practical because of private open space to protect the unique characteristics of existing permanent structures or topography. the hillsides from adverse environmental impacts. The However, in all cases, the corridor width must be project shall keep the open space area contiguous, and the sufficient to accommodate a safe driveway of not less than number of lot clusters minimized, to the greatest extent twelve feet of improved width, and if the length of the possible. corridor is over one hundred fifty feet, the usable width The ninety percent private open space can be contained must be at least eighteen feet. Where two such corridors are in individual lots regulated by an open space easement or as combined, the total access width need not exceed thirty feet land held in common as dedicated open space. A lot having if each lot has right of access over the corridor of the common ownership, containing the designated open space, adjoining lot and the total paved width is not less than will not be counted in the total dwelling unit yield. eighteen feet. b. Significant natural features shall be identified on G. Watercourse Protection. the tentative map; riparian and native vegetation including 1. Any watercourse identified in Figure 6-G of the trees, shrubs and ground cover; all topography and areas of Cupertino General Plan and its existing or potential riparian slope over thirty percent; watercourses; faults; landslides; vegetation must be shown on all development plans. views of prominent ridgelines; and views from adjacent 2. Lots in major subdivisions must be clustered so properties. that the water course and existing or potential riparian c. As a condition of the subdivision, all vegetation are retained in the required ninety percent open development,except that which is allowed in Chapter 19.88, space designation. Building site shall be set back from said Open Space Ordinance, of this code, shall be completely watercourse or existing or potential riparian vegetation a contained in the ten percent development area,which should minimum of fifty feet on lots which are less than one acre in be designed to avoid adversely impacting the natural size and one hundred feet on lots which are greater than one features. The lot sizes will be determined in the review acre. process. The use of the ninety percent private open space The setback shall be measured from the top of the bank area shall be limited to their uses allowed in Chapter 19.88, or from existing riparian vegetation, whichever is greater. Open Space Ordinance of this code. The setback from riparian vegetation will be measured from D. Grading. the drip-line perimeter. The precise area will be established 1. Preliminary or tentative grading plans will be through presentation of evidence of the existing or potential required as specified in Chapter 16.08, Excavations, riparian vegetation and wildlife habitat and by considering Grading and Retaining Walls, or as part of the conditional their relationship to all design factors. approval of the map. The extent of grading and size of 3. Lots in minor subdivision are encouraged to be building pads shall meet the requirements as specified in clustered so that development does not encroach on the Chapter 19.40, Residential Hillside Zones. watercourse. Building sites shall be setback from said 2. A final lot grading plan and quantity estimate may watercourse or existing or potential riparian vegetation a be required as part of the conditional approval and as a part minimum of fifty feet on lots which are less than one acre in of the tract improvement plans with guarantee by separate size and one hundred feet on lots which are greater than one performance bond of one hundred percent of cost of such lot acre. The setback shall be measured from the top of bank or grading and construction of driveway approaches for the from existing riparian vegetation whichever is greater. entire tract. Setback from riparian vegetation shall be measured from the 3. Retaining walls may be employed to resolve drip-line perimeter. The precise area will be established ground stability problems or minimize grading. through presentation of evidence of the existing or potential 2012 S-31 51 Hillside Subdivisions 18.52.030 riparian vegetation and wildlife habitat and by considering standards for roadway may vary to minimize degradation of their relationship to all site design factors. the environment. Rights-of-way shall be of sufficient width H. Trail Linkages.In subdivisions,if a trail linkage, to provide space for the road bed utilities and bicycle lanes as shown in the General Plan Trail Plan, is identified on the and equestrian trails as designated by the General Plan. property being developed, a trail easement shall be granted The City shall maintain slope easements for all fill in favor of the City prior to approval of the final map. slopes. The right-of-way for a slope easement shall include (Ord. 2085, §2(part),2011;Ord. 1635, (part), 1993;Ord. an area ten feet below the toe of fill. 1575, (part), 1991) 2. The minimum right-of-way width and street sections for various functional categories of roads are as 18.52.040 Street Design Standards. follows: A. The design of roadways in the hillsides is based a. Hillside collector right-of-way width shall be fifty upon the General Plan Policy of maintaining the natural feet with the pavement section to contain thirty feet with environment setting of the hillside. In response to the three feet of shoulders on each side. General Plan Policy,public rights of way shall be aligned in b. Major roadways are roads that primarily serve a manner to avoid trees and riparian environments. development fronting on the road and serving greater than In cases where it is necessary to place rights-of-way on ten dwelling units. The right-of-way shall be forty feet and or near ridge tops, grading for the roadways shall be the pavement width shall be twenty-four feet with three feet minimized to reduce visual scarring. The specific,technical of level shoulder space on each side. road alignment and section standards described in this c. Minor roadways and cul-de-sacs serving less than section are based upon the following constraints: ten dwelling units shall be thirty feet with a twenty-foot 1. Volume of traffic; pavement section with three feet of shoulder on each side. 2. Topography; d. Private drives may be employed where five or 3. Public safety, particularly of fire protection; fewer residential lots are to be served. The minimum width 4. Lot size and on-street parking needs; for a private driveway serving five or fewer dwellings is 5. Drainage requirements. eighteen feet with three feet of shoulder on either side,with B. The specific technical standards may be modified the exception that a private driveway serving one dwelling when it can be determined by the City Engineer, as may be twelve feet. approved by the City Council, that the strict adherence to a B. Semirural Development. specific standard would result in environmental hardship. 1. The street design standards for semirural The City Council shall make specific findings of fact relative development are designed to result in minimal disruption to to environmental degradation or economic hardship in the the natural environment. The City Engineer shall have event a standard is waived. maximum flexibility to waive conventional street standards, (Ord. 2085, § 2(part), 2011; Ord. 1575, (part), 1991) as approved in each case by the City Council. 2. The minimum right-of-way width and street 18.52.050 Lot Sizes More or Less 2.5 Acres—Street sections for various functional categories of roads are as Design. follows: The General Plan provides for more flexible a. Major roadways serving greater than ten dwelling improvement standards for hillside developments which have units shall have a minimum traveled-way width of an average lot size of 2.5 acres or greater. Developments twenty-four feet. However, this may be reduced to avoid that result in less than 2.5 acres per dwelling are labeled natural features such as topography, vegetation, etc. "urban fringe development."Conversely,developments that b. Minor roadways and cul-de-sacs serving ten or result in 2.5 acres or greater per dwelling unit shall be fewer dwelling units shall have a minimum twenty feet in labeled"semirural developments." The average lot size per traveled-way width with lessening of that width permitted in acre computation shall be based upon the development consideration of natural features of the area. acreage directly used for residential purposes. Land c. Private roads serving five or fewer dwelling units dedicated for public or private open space use in cluster or shall have a minimum of eighteen feet in traveled-way conventional developments should not be counted in the 2.5 width. Surface shall consist of a minimum of oil and acre average lot size standard. screening and the slope shall not exceed fifteen percent. A. Urban Fringe Developments. Grades exceeding fifteen percent and not greater than twenty 1. Generally,the street design standards for hillside percent for a maximum of three hundred feet shall have a developments on the valley floor fringe are comparable to minimum of asphalt or concrete surface. the subdivision improvements within the typical urbanized d. Driveways serving individual dwelling units shall portion of the community. However, because of varied have a minimum of traveled-way width of twelve feet with topography, the right-of-way width and the improvement passing turnouts as required. 2012 S-31 18.52.050 Cupertino-Subdivisions 52 Surface shall consist of a minimum of oil and screening visual screen is to soften grading scars. A one hundred and the slope shall not exceed fifteen percent. Grades percent effect is not required. exceeding fifteen percent and not greater than twenty B. Semirural developments. percent for a maximum of three hundred feet shall have a 1. Street Grades. All streets and highways shall be minimum of asphalt or concrete surface. graded and surface to widths and grades in accordance with C. Dead-end Streets. The number of dwelling units City standard specifications and approved by the City served by a cul-de-sac for an urban fringe or semirural Engineer. The subdivider shall improve the extension of all development shall normally not exceed ten.The length shall subdivision streets, highways or public ways to the not exceed eight hundred feet except where topographic intercepting paving line of any County road, City street or conditions require use of longer cul-de-sacs. State highway. In cases where the length of cul-de-sacs is greater than 2. Structures, Drainage, Access/Public Safety. eight hundred feet, fire hydrants shall be placed every six Structures for drainage, access and/or public safety shall be hundred feet with a standard pullout located adjacent to each installed as deemed necessary by the City Engineer. Such hydrant. A secondary means of access may be required structures shall be designed and placed to locations and where a dead-end street is longer than one thousand feet. grades approved by the City Engineer. (Ord. 2085, §2(part), 2011; Ord. 1575, (part), 1991) 3. Curb and Gutter. Curb and gutter will not be required. Drainage swales shall be provided adjacent to 18.52.060 Street and Utility Improvements. roadways to contain runoff. A. Urban fringe developments. 4. Sidewalks.Formal sidewalks will not be required. 1. Street Grades. All streets and highways shall be However, pedestrian and equestrian trails may be required graded and surfaced to widths and grades in accordance with where terrain permits. City standard specifications and approved by the City 5. Gas. Public facility will not be required in lieu of Engineer. The subdivider shall improve the extension of all other private methods such as propane,oil,electric and new subdivision streets, highways or public ways to the innovative system. intercepting paving line of any County road, City street or 6. Electric. Overhead lines will be allowed with State highway. , natural setting utilized as screening technique. 2. Structures, Drainage, Access/Public Safety. Undergrounding will be required for the individual service Structures for drainage, access and/or public safety shall be drop to the structure. installed as deemed necessary by the City Engineer. Such 7. Telephone. Lines will follow the same required structures shall be designed and placed to locations and as for electrical. grades approved by the City Engineer. 8. Street Lighting. Will not be required. Safety 3. Curbs and Gutters. Vertical curbs and gutters lighting may be necessary if safety hazards can be shown. shall be installed to locations and grades approved by the 9. Water. Approved and accepted water system by City Engineer. the City. Private individual wells will not be accepted. 4. Sidewalks. Sidewalks shall be installed to 10. Sewer. Individual sanitary system approved by locations and grades approved by the City Engineer. the County Health Department will be permitted or 5. Sewers, Storm Drains. Sanitary sewer facilities connection to a public sanitary sewer system. shall be installed to serve each lot. No septic tanks or 11. Storm system. Adequate storm facilities shall be cesspools will be permitted. provided to control erosion, dissipate high velocity due to Storm sewers shall be installed as approved by the slopes and to properly channel water to master drainage cognizant fire department authority. facilities. 6. Water and Gas. Water mains and gas mains shall 12. A registered landscape architect shall review be installed as required by the City Engineer. Fire hydrants grading plans and in consort with the project and City shall be installed as approved by the City Engineer. Engineer, shall submit a plan to prevent soil erosion and 7. Street Lighting. Street lights shall be installed by visually screen cut and fill areas. The intent of the visual the subdivider and shall be approved by the City Engineer. screen is to soften grading scars. A one hundred percent 8. Electric and Telephone. Electric and telephone screening effect is not required. lines shall be installed underground as required by the City (Ord. 2085, §2(part), 2011; Ord. 1575, (part), 1991) Engineer. 9. A registered landscape architect shall review 18.52.070 Private Driveways for Two or More grading plans and in consort with the project and City Parcels. Engineer, shall submit a plan to prevent soil erosion and A. An appropriate deed restriction and covenant visually screen extensive cut and fill areas. The intent of the running with the land subject to the review and approval of 2012 S-31 53 Hillside Subdivisions 18.52.070 the City Attorney shall be recorded for all parcels which share a common private drive or private roadway with one or more parcels. The deed restriction shall provide for the necessary reciprocal ingress/egress easements to and from the affected parcels.The easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. B. A reciprocal maintenance agreement to be reviewed and approved by the City Attorney, shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. The agreement shall be recorded in conjunction with recordation of the fmal map. (Ord. 2085, §2(part), 2011; Ord. 1575, (part), 1991) 18.52.080 Scope of Regulations. In the event that a land qualifies as a hillside subdivision as defined in this chapter, the requirements of this chapter shall apply to the provisions of this title. In the absence of regulations not established by this chapter, the provisions of the remainder of this title shall apply. (Ord. 2085, §2(part), 2011; Ord. 1575, (part), 1991) 2012 S-31 18.56.010 CHAPTER 18.56: STREET FACILITY REIMBURSEMENT CHARGES Section 18.56.010 Purpose. all labor,materials,equipment and contractors employed in 18.56.020 Street facility costs subject to installing the street facilities, except for: reimbursement. 1. The cost of installing temporary street facilities; 18.56.030 Reimbursement agreement. 2. The cost of maintenance work performed on 18.56.040 Imposition of street facility existing street facilities; and reimbursement charges, cost of land 3. Any portion of the cost of installing street and interest upon benefitted facilities in excess of the usual cost of installing local street properties. facilities as determined by the City Engineer in the manner 18.56.050 Disposition of street facility provided in this chapter. reimbursement charge revenues. (Ord. 2085, §2(part), 2011; Ord. 1653, § 2(part), 1994) 18.56.060 Acquisition of necessary land, costs, interest. 18.56.030 Reimbursement Agreement. 18.56.070 Other street facility charges. A. As a condition of approval of a subdivision map, 18.56.080 Rules and regulations. parcel map or conditional certificate of compliance, the initial developer shall enter into a reimbursement agreement with the City in order to receive reimbursement for the 18.56.010 Purpose. portion of street facility costs, including interest where This chapter is enacted in order to establish a applicable,in excess of the installation costs incurred for the procedure for reimbursing developers of property located initial developer's property or for the cost of the land upon within the City a portion of the costs of installing street which the street facilities were installed, including interest facilities which adjoin other properties within the City, where applicable. Any reimbursement to the initial reduce the cost of any additional development occurring on developer shall be paid out of the revenues received by the the adjoining properties by eliminating the need for the City from the street facility reimbursement charges assessed installation of the street facilities at the time such in the manner provided by this chapter. development occurs, and thereby directly benefit the B. The reimbursement agreement shall be signed by adjoining properties. the Mayor, approved as to form by the City Attorney and (Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2(part), 1994) shall set forth the following information: 1. The name, capacity and address of the initial 18.56.020 Street Facility Costs Subject to developer; Reimbursement. 2. A description of the street facility costs subject to A. The street facility costs which shall be subject to reimbursement; reimbursement in the manner provided by this chapter 3. An itemized statement,prepared by,and attested include all direct costs usually incurred by an initial to by a licensed engineer, of the reimbursable costs to be developer who is required to install street facilities that also incurred by the initial developer in installing the street benefit a benefitted property, subsequent to the effective facilities; date of the ordinance codified in this chapter, incident to or 4. A legal description and assessor's parcel number as a condition of the approval of a subdivision map, parcel for each benefitted property, excepting the initial map or conditional certificate of compliance. developer's property; B. These reimbursable costs include, but are not 5. An engineered plat depicting the street facilities limited to, costs incurred in designing street facilities, the and each benefitted property; cost of plan check fees and other fees incurred in securing 6. The total street facility costs subject to City and other governmental approvals of the plans and reimbursement for each particular benefitted property; specifications for the street facilities, the cost of the land 7. The City's obligation to reimburse the initial upon which the street facilities are installed, and the cost of developer an amount from the street facility charge assessed 2012 S-31 55 18.56.030 Cupertino-Subdivisions 56 upon benefitted properties and received by the City, if any, searching commencing from the date the street facility at the time and in the manner provided by this chapter; reimbursement charges are paid, or upon the discovery of 8. Methods of acquisition of land necessary for the facts establishing that a due diligent search would be futile, installation of the street facilities, imposition of costs, the revenues collected hereunder shall be paid to the recovery of interest; and treasurer of the City for deposit in the general fund. 9. Such additional information and documents as (Ord. 2085, § 2(part), 2011; Ord. 1653, §2(part), 1994) may reasonably be required by the City Engineer. (Ord. 2085, §2(part), 2011; Ord. 1653, §2(part), 1994) 18.56.060 Acquisition of Necessary Land, Costs, Interest. 18.56.040 Imposition of Street Facility A. Where the initial developer at its own cost Reimbursement Charges, Cost of Land acquires land for the installation of the mandated street and Interest upon Benefitted facilities, reimbursement to the initial developer by the City Properties. for that portion of the cost of those street facilities in excess A. Where street facilities have been installed by the of the street facilities required for the initial developer's City or the initial developer without cost to the benefitted property shall include interest in an amount equal to the property owner, the benefitted property owner, as a interest received by the City from the owners of benefitted condition precedent to obtaining a final map, a final parcel properties as imposed by Section 18.56.050. map or a conditional certificate of compliance, shall pay the B. If the initial developer cannot purchase or City for the cost of the land at the cost to the City or to the otherwise acquire land necessary for the installation of the initial developer, and shall pay a street facility street facilities, the City shall, no later than one hundred reimbursement charge for the facilities which the City or the twenty days from the filing by the initial developer of a final initial developer installed on the streets abutting or on the subdivision map or final parcel map, or in the case of a benefitted property in an amount equal to such benefitted certificate of compliance, any time prior to issuance of a property owner's share of the total cost of the street facilities certificate of occupancy, acquire by negotiation or as set forth in the reimbursement agreement. commence proceedings pursuant to California Code of Civil Payment for both land and facilities shall include Procedure Section 1230.010 et seq. (including proceedings simple interest in the amount of seven percent per year, to for immediate possession under Code of Civil Procedure be calculated in the following manner: Section 1255.410)the necessary land. 1. Land Cost. Interest to accrue from the date the C. Where the City acquires land necessary for the street facilities are accepted by the City to the date the street installation of the street facilities in the manner provided in facility reimbursement charge is paid, or if the land is subsection B of this section, the reimbursement agreement purchased by the City for a City project, from the date of shall provide that the initial developer shall reimburse the purchase to the date the charge is paid. City for all costs, including litigation costs, incurred by the 2. Street Facility Cost. Interest to accrue from the City in the acquisition of such land. date the street facilities are accepted by the City to the date The reimbursement agreement shall also provide that the street facility reimbursement charge is paid, or if prior to commencement of any proceedings to acquire the installed by the City, from the date installation commenced necessary land pursuant to the City's eminent domain to the date the charge is paid. powers, the initial developer shall deposit with the City an B. Provided, however, that the interest shall be amount to be determined by the Director of Public Works, waived if the benefitted property owner dedicates or has which amount shall be based on a reasonable estimate of the dedicated to the City land necessary for the street facilities, costs of acquisition of said land. If the deposit exceeds the or where no such dedication is necessary. actual cost of acquisition, the City shall refund the excess (Ord. 2085, §2(part), 2011; Ord. 1653, §2(part), 1994) amount to the initial developer. If the deposit is less than the actual cost of acquisition,upon written demand by the City, 18.56.050 Disposition of Street Facility the initial developer shall pay the additional sum to the City. Reimbursement Charge Revenues. D. Where no dedication of land is necessary for the The revenues received by the City from street facility street facilities, or where the City is able to acquire land charges assessed pursuant to this chapter shall be used solely necessary for the street facilities at no cost pursuant to for reimbursements to initial developers in the manner negotiations with the owner or owners of benefitted provided by this chapter and the reimbursement agreement. properties for which a street facility reimbursement charge Provided, however, that in the event the City is unable to is assessed under Section 18.56.050, and as part of those locate the initial developer after five years of due diligent negotiations the City waives the requirement to pay interest 2012 S-31 57 Street Facility Reimbursement Charges 18.56.060 on the street facility reimbursement charge, the initial developer shall not be entitled to interest on the reimbursement charges assessed those benefitted properties. (Ord. 2085, §2(part), 2011; Ord. 1653, §2(part), 1994) 18.56.070 Other Street Facility Charges. The street facility reimbursement charges assessed pursuant to this chapter shall be in addition to any street facility improvement charges assessed pursuant to Chapter 14.04, Street Improvements, of this code, as well as any street facility or other public improvement charges assessed pursuant to any other ordinance or resolution adopted by the City Council. (Ord. 2085, §2(part), 2011; Ord. 1653, §2(part), 1994) 18.56.080 Rules and Regulations. The City Engineer shall have the power to establish reasonable rules and regulations consistent with the provisions of this chapter for the purpose of its administration and enforcement. Such rules and regulations shall be effective upon approval thereof by the City Council (Ord. 2085, § 2(part), 2011; Ord. 1653, §2(part), 1994) 2012 S-31 TITLE 19:: ZONING Chapter 19.04 General Provisions 19.08 Definitions 19.12 Administration 19.16 Designations and Establishment of Districts 19.20 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.24 Agricultural (A) and Agricultural-Residential (A-1) Zones 19.28 Single-Family Residential(R1) 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 Fences 19.52 Reasonable Accommodation 19.56 Density Bonus 19.60 General Commercial (CG) Zones* 19.64 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.68 Administrative and Professional Office (OA & OP) Zones 19.72 Light Industrial (ML) and Industrial Park(MP) Zones 19.76 Public Building (BA), Quasi-Public Building (BQ) and Transportation (T) Zones 19.80 Planned Development(P) Zones 19.84 Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zoning Districts 19.88 Open Space (OS) Zones 19.92 Park and Recreation(PR) Zones 19.96 Private Recreation(FP) Zone 19.100 Accessory Buildings/Structures 19.104 Signs 19.108 Beverage Container Redemption and Recycling Centers 19.112 Second Dwelling Units in R-1, RHS, A and A-1 Zones 19.116 Conversions of Apartment Projects to Common Interest Developments 19.120 Home Occupations 19.124 Parking Regulations 19.128 Adult-Oriented Commercial Activities 19.132 Concurrent Sale of Alcoholic Beverages and Gasoline 19.136 Wireless Communications Facilities 19.140 Nonconforming Uses and Nonconforming Facilities 19.144 Development Agreements 19.148 Required Artwork in Public and Private Developments 19.152 Amendments to the Zoning Maps and Zoning Regulations 19.156 Development Permits, Conditional Use Permits and Variances 19.160 Temporary Uses 19.164 Administrative Approval of Minor Changes in Projects* 19.168 Architectural and Site Review* 2012 S-31 1 19.04.010 CHAPTER 19.04: GENERAL PROVISIONS Section 19.04.010 Adoption of zoning map and zoning B. To protect the character and the social and regulations. economic stability of agricultural, residential, commercial, 19.04.020 Purposes. industrial and other areas within the City; to assure the 19.04.030 Compliance with regulations. orderly and beneficial developmentof such areas; and more 19.04.040 Conflict with other regulations. particularly,to lessen congestion and assure convenience of 19.04.050 Noncompliance and public nuisance. access; to secure safety from fire, flood and other dangers; 19.04.060 Remedies cumulative. to provide for adequate light, air, sunlight and 19.04.070 Penalty for violations. environmental amenities; to promote and encourage 19.04.080 Amendments. conservation of scarce resources; to prevent overcrowding 19.04.090 Combined application for land use of land and undue concentration of population, to facilitate entitlements. the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and employment opportunities; to facilitate the adequate 19.04.010 Adoption of Zoning Map and Zoning provision of transportation, water, sewage, drainage Regulations. facilities, schools, parks and other public developments; to A. This title establishes comprehensive zoning protect the food supply; to conserve property values; to regulations for the.City, which regulations shall consist of promote efficient urban design and arrangement; and to the following: secure economy in governmental expenditures; 1. A map, or set of maps, known as the "zoning C. To mitigate the negative impacts to public safety map," establishing and delineating various classes of resulting from the location of buildings, and the uses of districts within the incorporated territory of the City; buildings and of land,adjacent to streets and highways while 2. Regulations, known as the "zoning regulations," at the same time facilitating existing or prospective traffic governing the use of land and the placement of buildings and movements throughout the City. improvements within the various classes of districts. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), B. The zoning map and zoning regulations shall 1992) govern the use of land, including the construction, alteration, movement, replacement or maintenance of 19.04.030 Compliance with Regulations. buildings; the height, bulk and placement of buildings and No land shall be used, and no facility, structure or uses on each site; the provision of open space, amenities, building shall be erected, constructed, enlarged, altered, off-street parking and loading; the relationships between moved or used in any district, as shown upon the zoning buildings and uses on adjoining sites or within adjoining maps, except in accord with the regulations established by classes of districts; and such further aspects of land use and this title. development as are appropriate to attain the purposes of this (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), title. 1992) (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.04.040 Conflict with Other Regulations. A. Where conflict occurs between the regulations 19.04.020 Purposes. established by this title and the provisions of any other law, The purposes of this title shall be to promote and title,ordinance,code or other regulation effective within the protect the public health, safety, peace, morals, comfort, City, including, but not limited to Title 16, Building convenience, and general welfare, including the following Regulations,and Title 18,Subdivisions,the more restrictive more particularly specified purposes: of any such provision shall apply. A. To further promote, and accomplish the B. It is not intended that this title shall interfere with objectives,policies, and programs of the Cupertino General or abrogate or annul any easement, covenant, or other Plan; agreement now in effect,provided,however,that where this 2012 S-31 3 19.04.040 Cupertino-Zoning 4 title imposes a greater restriction than imposed or required shall be the highest body in the City which must approve any by any other law,title,ordinance,code,or other regulation, element to the combined application. or by any easement,covenant,or agreement,the provisions (Ord. 2085, §2(part), 2011; Ord. 1656, § 1, 1994) of this title shall apply. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.04.050 Noncompliance and Public Nuisance. Any building constructed,altered,moved,replaced,or otherwise maintained, or any use of property in a manner contrary to the provision of this title, is unlawful and a public nuisance,and the City Attorney shall commence such action or actions, proceeding or proceedings, as may be deemed appropriate by the City Attorney for the abatement, removal, and enjoining thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any person, firm, or corporation from constructing, altering, replacing, or otherwise maintaining any building or using any property in a manner contrary to the provisions of this title. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.04.060 Remedies Cumulative. All remedies provided for in this title shall be cumulative and not exclusive. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.04.070 Penalty for Violations. Any person, firm, or corporation violating any provision of this title is guilty of a misdemeanor punishable as prescribed by Chapter 1.12 of the City's Ordinance Code. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.04.080 Amendments. All amendments to the provisions of this title shall be adopted in conformance with the applicable procedure contained in the planning and zoning law of the State of California(commencing at Section 65000 of the California Government Code. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.04.090 Combined Application for Land Use Entitlements. Notwithstanding any other provisions of this title to the contrary, applications for land use entitlement may be combined in one application for purpose of review and approval. In the event of such combination, the reviewing body having fmal approval over the combined application 2012 S-31 19.08.010 CHAPTER 19.08: DEFINITIONS Section 19.08.010 Purpose and applicability. J. All public officials,bodies,and agencies to which 19.08.020 General rules for construction of reference is made are those of the City unless otherwise language. indicated. 19.08.030 Definitions. K. "City"means the City of Cupertino. (Ord. 2085, § 2(part), 2011; Ord. 1601, Exh. A(part), 1992) 19.08.010 Purpose and Applicability. 19.08.030 Definitions. The purpose of this chapter is to promote consistency Throughout this title the following words and phrases and precision in the interpretation of zoning regulations. shall have the meanings ascribed in this section. The meaning and construction of words and phrases defined A. "A" Definitions: in this chapter shall apply throughout the zoning regulations, "Abandon" means to cease or discontinue a use or except where the context of such word or phrases clearly activity without intent to resume, but excluding temporary indicates a different meaning or construction. (Ord. 2085, or short-term interruptions to a use or activity during periods § 2(part), 2011; Ord. 1601, Exh. A (part), 1992) of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation 19.08.020 General Rules for Construction of or seasonal closure. Language. "Abutting" means having property or district lines in The following general rules of construction shall apply common. to the text of the zoning regulations: "Accessory building" means a building which is A. The particular shall control the general. incidental to and customarily associated with a specific B. In case of any difference of meaning or principal use or facility and which meets the applicable implication between the text of any provision and any conditions set forth in Chapter 19.100. caption or illustration, the text shall control. "Accessory structure" means a subordinate structure, C. The word "shall" is always mandatory and not the use of which is purely incidental to that of the main discretionary. The word "may" is discretionary. building and which shall not contain living or sleeping D. References in the masculine and feminine genders quarters. Examples include a deck, tennis courts, trellis or are interchangeable. car shelter. Fences eight feet or less are excluded. E. Words used in the singular include the plural,and "Addition"means any construction which increases the the plural includes the singular, unless the context clearly size of a building or facility in terms of site coverage, indicates the contrary. height, length, width, or gross floor area ratio. F. The words"activities"and"facilities"include any "Adjacent property" means property that abuts the part thereof. subject property, including property whose only contiguity G. Unless the context clearly indicates to the to the subject site is a single point and property directly contrary, the following conjunctions shall be interpreted as opposite the subject property and located across a street. follows: "Adult bookstore"means a building or portion thereof 1. "And" indicates that all connected items or used by an establishment having as a substantial or provisions shall apply; significant portion of its stock in trade for sale to the public 2. "Or" indicates that the connected items or or certain members thereof, books, magazines, and other provisions may apply singly or in any combination; publications which are distinguished or characterized by 3. "Either. . .or" indicates that the connected items their emphasis on matter depicting,describing or relating to or provisions shall apply singly but not in combination. "specified sexual activities"or"specified anatomical areas," H. The words"lot"and"parcel"are interchangeable. as hereinafter defined. I. The word "building" includes the word "Adult cabaret" means a building or portion thereof "structure." used for dancing purposes thereof or area used for 2012 S-31 5 19.08.030 Cupertino-Zoning 6 presentation or exhibition or featuring of topless or size of doors or windows in the exterior walls; or any bottomless dancers,strippers,male or female impersonators replacement of a building facade which does not increase the or similar entertainers, for observations by patrons or structural strength of the structure. customers. 2. "Structural alteration" means any alteration not "Adult motion picture theater" means a building or deemed an incidental alteration. portion thereof or area, open or enclosed, used for the "Amusement park"means a commercial facility which presentation of motion pictures distinguished or supplies various forms of indoor and outdoor entertainment characterized by an emphasis on matter depicting,describing and refreshments. or relating to "specified sexual activities" or "specified Animal: anatomical areas,"as hereinafter defined,for observation by 1. Animal,Adult. "Adult animal"means any animal patrons or customers. four months of age or older. "Advertising statuary" means a structure or device of 2. Animal, Large. "Large animal" means any any kind or character for outdoor advertising purposes equine,bovine, sheep, goat or swine or similar domestic or which displays or promotes a particular product or service, wild animal, as determined by the Planning Commission. but without name identification. 3. Animal, Small. "Small animal" means animals "Aerial" means a stationary transmitting and/or which are commonly found in single-family residential areas receiving wireless communication device consisting of one such as chickens, ducks, geese, rabbits, dogs, cats, etc. or any combination of the elements listed below: "Animal care" means a use providing grooming, 1. "Antenna"means a horizontal or vertical element housing, medical care, or other services to animals, or array, panel or dish that may be attached to a mast or a including veterinary services,animal hospitals,overnight or tower for the purpose of transmitting or receiving radio or short-term boarding ancillary to veterinary care, indoor or microwave frequency signals. outdoor kennels, and similar services. 2. "Mast" means a vertical element consisting of a "Apartment" means a room or a suite of two or more tube or rod which supports an antenna. rooms which is designed for, intended for, and occupied by 3. "Tower" means a vertical framework of cross one family doing its cooking there. elements which supports either an antenna, mast or both. "Apartment house"means a building designed and used 4. "Guy wires"means wires necessary to insure the to house three or more families,living independently of each safety and stability of an antenna, mast or both. other. "Affordable units" means housing units in which the "Apartment project" means a rental housing rent does not exceed thirty percent of the HUD income development consisting of two or more dwelling units. limits for lower and very low income households for the "Approval Body" means the Director of Community Santa Clara County Metropolitan Statistical Area, adjusted Development and his/her designee, the Planning for household size. Commission or City Council depending upon context. "Agriculture" means the tilling of the soil, the raising "Architectural feature"means any part or appurtenance of crops, horticulture, agriculture, livestock farming, of a building or structure which is not a portion of the living dairying, or animal husbandry, including slaughterhouses, area of the building or structure. Examples include: fertilizer yards, bone yard, or plants for the reduction of cornices,canopies,eaves,awnings,fireplaces,or projecting animal matter or any other similar use. window elements. Patio covers or any projection of the "Alley" means a public or private vehicular way less floor area shall not constitute an architectural projection. than thirty feet in width affording a secondary means of "Architectural projection," for purposes of the Sign vehicular access to abutting property. Ordinance, means any permanent extension from the "Alteration", for purposes of the Sign Ordinance, structure of a building, including the likes of canopies, means any permanent change to a sign. awnings and fascia. "Alteration"means any construction or physical change "Atrium" means a courtyard completely enclosed by in the arrangement of rooms or the supporting members of walls and/or fences. a building or structure, or change in the relative position of "Attic" means an area between the ceiling and roof of buildings or structures on a site, or substantial change in a structure, which is unconditioned (not heated or cooled) appearances of any building or structure. and uninhabitable. 1. "Incidental alteration" means any alteration to "Automotive service station" means a use providing interior partitions or interior supporting members of a gasoline,oil,tires,small parts and accessories,and services structure which does not increase the structural strength of incidental thereto, for automobiles,light trucks, and similar the structure;any alteration to electrical,plumbing,heating, motor vehicles. Automotive maintenance and repair(minor) air conditioning, ventilating, or other utility services, may be conducted on the site. The sale of food or grocery fixtures, or appliances; any addition, closing, or change in items on the same site is prohibited except for soft drinks 2012 S-31 7 Definitions 19.08.030 and snack foods,either from automatic vending machines or "Building frontage" means the length or the surface of from shelves. The sale of alcoholic beverages on the site is the building wall which faces, and is visible to the general governed by Chapter 19.132. public from, a private or public right-of-way or driveway. "Automotive repair and maintenance (minor)" means "Business"or"commerce"means the purchase,sale or the supplying of routine automotive services such as other transaction involving the handling or disposition of any lubrication,engine tune-ups,smog certificates,servicing of article, substance or commodity for profit or livelihood, tires, brakes, batteries and similar accessories, and minor including,in addition,office buildings,offices,shops for the repairs involving engine accessories. Any repair which sale of personal services,garages,outdoor advertising signs requires the engine, drive train, transmission assembly, and structures, hotels and motels, and recreational and exhaust system, or drive train parts to be removed from a amusement enterprises conducted for profit. motor vehicle or requires the removal of internal parts shall "Business or trade school" means a use, except a not be considered minor. Body and paint shop operations college or university, providing education or training in are not minor repairs or maintenance. business,commerce,language,or similar activity or pursuit, "Average slope" means the ratio between vertical and and not otherwise defined as a home occupation. horizontal distance expressed in percent; the mathematical C. "C" Definitions: expression is based upon the formula described below: "Canopy" means any roof-like structure, either attached to another structure or freestanding, or any S = I x L x 100 extension of a roof line, constructed for the purpose of A protection from the elements or aesthetic purposes in S = Average slope of ground in percent connection with outdoor living. I = Contour interval in feet "Car shelter" means a roofed structure or a part of a L = Combined length in feet of all contours on parcel building not enclosed by walls, intended and designed to A = Area of parcel in square feet. accommodate one or more vehicles. B. "B" Definitions: "Caretaker" means a person or persons employed for "Banner" means a temporary display consisting of the purpose of protecting the principal use of the property or fabric,canvas,plastic or paper material which is attached to structure. a building, vehicle, pole or other form of support. "Centerline"means the centerline as established by the "Basement" means any floor below the first story in a County Surveyor of Santa Clara County,the City Engineer, building that is fully submerged below grade except for or by the State Division of Highways of the State of lightwells required for light, ventilation and emergency California. egress. A basement may have a maximum exterior wall "Changeable copy sign" means any sign, or portion, height of two feet between natural grade and ceiling. which provides for each manual changes to the visible "Block" means any lot or group of contiguous lots message without changing structural surfaces,including the bounded on all sides by streets, railroad rights-of-way, or likes of theater marquees and gasoline service station price waterways, and not traversed by any street, railroad signs, but excluding electronic readerboard signs and signs right-of-way or waterway. which display the current time or temperature. "Boarding house" means any building used for the "Change of face"means any changes to the letter style, renting of rooms or providing of table board for from three size, color, background, or message. to five persons,inclusive,over the age of sixteen years,who "Change of use"means the replacement of an existing are not members of the same family. use by a new use, or a change in the nature of an existing "Building" means any structure used or intended for use, but not including a change in ownership, tenancy or supporting or sheltering any use or occupancy when any management where the previous nature of the use, line of portion of a building is completely separated from every business, or other function is substantially changed. other portion by a "Fire Barrier" as defined by the "Child"means a person who is under eighteen years of California Building Code,then each portion shall be deemed age. to be a separate building. "Child day care facility" means a facility, licensed by 1. "Attached building" means buildings which are the State or County, which provides non-medical care to structurally connected by any structural members or wall, children in need of personal services, supervision, or excluding decks, patios or fences. assistance essential for sustaining the activities of daily "Building coverage" means that portion of the net lot living or for the protection of the individual on less than a area encompassed within the outermost wall line which twenty-four-hour basis. Child day care facility includes day defines a building enclosure. care centers, employer sponsored child-care centers and family day care homes. 2012 S-31 19.08.030 Cupertino-Zoning 8 "Church" means a use providing facilities for The term "condominium" specifically includes, but is organized religious worship and religious education not limited to, the conversion of any existing structure for incidental thereto, but excluding a private educational sale pursuant to a method described in this title. facility. A property tax exemption obtained pursuant to "Condominium conversion" or "Conversion" means a Section 3(f)of Article XIII of the Constitution of the State change in the type of ownership of a parcel (or parcels) of of California and Section 206 of the Revenue and Taxation land, together with the existing attached structures, to that Code of the State of California, or successor legislation, defined as a common interest development,regardless of the constitutes prima facie evidence that such use is a church as present or prior use of such land and structures and whether defined in this section. substantial improvements have been made or are to be made "College" or "university" means an educational to such structure. institution of higher learning which offers a course of studies "Condominium project" or "project" includes the real designed to culminate in the issuance of a degree or defined property and any structures thereon, or any structures to be by Section 94110 of the Education Code of the State of constructed thereon, which are to be divided into California, or successor legislation. condominium ownership. "Collocation"means the placement of aerials and other "Condominium units" or "units" means the individual facilities belonging to two or more communication service spaces within a condominium project owned as individual providers on a single mast or building. estates. "Commercial district," for purposes of the Sign "Congregate residence"means any building or portion Ordinance,means an area of land designated for commercial which contains facilities for living, sleeping and sanitation, use in the current Cupertino General Plan. as required by the California Building Code and may include "Commercial recreation" means a use providing facilities for eating and cooking for occupancies other than recreation,amusement,or entertainment services,including a family. A congregate residence may be a shelter, convent theaters,bowling lanes,billiard parlors,skating arenas,and or monastery but does not include jails, hospitals, nursing similar services, operated on a private or for-profit basis, homes, hotels or lodging houses. but excluding uses defined as outdoor recreation services. "Convalescent facility" means a use other than a "Common interest development"means a condominium residential care home providing inpatient services for project, a community apartment project, containing two or persons requiring medical attention, but not providing more rights of exclusive occupancy,or a stock cooperative, surgical or emergency medical services. containing two or more separately owned lots, parcels or "Convenience market" means a use or activity that areas, all defmitions are based upon Civil Code Section includes the retail sale of food, beverages, and small 1351 or subsequent amendments. personal convenience items, including sale of food in "Community center"means a place,structure,area,or disposable containers primarily for off-premises other facility used for and providing religious, fraternal, consumption, and typically found in establishments with social and/or recreational programs generally open to the long or late hours of operation and in relatively small public and designated to accommodate and serve a buildings, but excluding delicatessens and other specialty significant segment of the community. food shops and establishments which have a sizable "Community organization" means a nonprofit assortment of fresh fruits, vegetables, and fresh-cut meats. organization based in the City and whose activities benefit "Corner triangle" means a triangular-shaped area the City, its residents, employees, or businesses. bounded by the following, unless deemed otherwise by the "Concession" means a benefit offered by the City to City Engineer: facilitate construction of eligible projects as defined by the 1. The intersection of the tangential extension of provisions of this chapter. Benefits may include,but are not front and street side property lines as formed by the limited to,priority processing, fee deferments and waivers, intersection of two public rights-of-way abutting the said granting of variances,and relaxation of otherwise applicable property lines; and permit conditions or other concessions required by law. 2. The third boundary of the triangular-shaped area "Condominium" means and includes: shall be a line connecting the front and side property lines at 1. "Condominium" as defined by Section 783 of the a distance of forty feet from the intersection of the tangential Civil Code; extension of front and side property lines. 2. "Community apartment project" as defined by "Corner triangle,"for purposes of the Sign Ordinance, Section 11004 of the Business and Professions Code; means a triangular-shaped area of land adjacent to an 3. "Stock cooperative" as defined by Section intersection of public rights-of-way, as further defined in 11003.2 of the Business and Professions Code; and Cupertino Standard Details Drawings Nos. 7-2 and 7-4. 4. "Planned development" as defined by Section (See Appendix A, Cupertino Standard Detail 7-2; Corner 11003 of the Business and Professions Code. Triangle-Controlled Intersections, and B, Cupertino 2012 S-31 9 Definitions 19.08.030 Standard Detail 7-4; Corner Triangle-Uncontrolled "Developer" means the owner or subdivider with a Intersections for details.) controlling proprietary interest in the proposed common "Court"means an open,unoccupied space, other than interest development, or the person or organization making a yard, on the same lot with a building or buildings and application, or a qualified applicant who has entered into a which is bounded on two or more sides by such building or development agreement pursuant to the procedures specified buildings,including the open space in a house court or court in Chapter 19.144. apartment providing access. "Development agreement" means a development "Covered parking" means a carport or garage that agreement enacted by legislation between the City and a provides full overhead protection from the elements with qualified applicant pursuant to Government Code Sections ordinary roof coverings. Canvas, lath, fiberglass and 65864 through 65869.5. vegetation are not ordinarily roof coverings and cannot be "District" means a portion of the property within the used in providing a covered parking space. City within which certain uses of land, premises and D. "D" Definitions: buildings are permitted and certain other uses of land, "Day care center" means any child day care facility, premises and buildings are prohibited, and within which licensed by the State or County,other than a family day care certain yards and other open spaces are required and certain home,and includes infant centers,preschools,and extended building site areas are established for buildings, all as set day care facilities. forth and specified in this title. Day Care Home, Family. "Family day care home" "Drinking establishment" means an activity that is means a home, licensed by the State or County, which primarily devoted to the selling of alcoholic beverages for regularly provides care, protection and supervision for consumption on the premises. fourteen or fewer children, in the provider's own home, for "Drive-through establishment"means an activity where periods of less than twenty-four hours per day, while the a portion of retailing or the provision of service can be parents or guardian are away, and includes the following: conducted without requiring the customer to leave his or her 1. "Large-family day care home," which means a car. home which provides family day care for seven to fourteen "Driveway" means any driveway that provides direct children, inclusive, including children under the age of ten access to a public or private street. years who reside at the home, as set forth in the California Driveway, Curved. "Curved driveway" means a Health and Safety Code Section 1597.465; driveway with access to the front property line which enters 2. "Small-family day care home," which means a the garage from the side at an angle of sixty degrees or home which provides family day care to eight or fewer greater to the front curbline and which contains a functional children, including children under the age of ten years who twenty-foot-deep parking area that does not overhang the resides at the home,as set forth in the California Health and front property line. Safety Code Section 1597.44. "Duplex" means a building containing not more than "Decorative statuary," for purposes of the Sign two kitchens,designed and used to house not more than two Ordinance, means any structure or device of any kind or families living independently of each other. character placed solely for aesthetic purposes and not to "Dwelling unit" means a room or group of rooms promote any product or service. including living, sleeping, eating, cooking and sanitation "Demonstrated safety" means a condition requiring facilities, constituting a separate and independent protection from the threat of danger, harm, or loss, housekeeping unit, occupied or intended for occupancy by including but not limited to the steepness of a roadway or one family on a nontransient basis and having not more than driveway that may create a hazardous parking situation in one kitchen. front of a gate. E. "E" Definitions: "Demonstrated security" means a condition requiring "Economically feasible"means when a housing project protection from the potential threat of danger,harm or loss, can be built with a reasonable rate of return. The housing including but not limited to a location that is isolated and developer's financial ability to build the project shall not be invisible from public view. or that has experienced a factor. documented burglary, theft, vandalism or trespassing Emergency Shelter: incidences. "Emergency shelter, rotating" means a facility that "Density bonus" means an increase in the number of provides temporary housing with minimal supportive dwelling units authorized for a particular parcel of land services. Shelters shall be limited to a time period of two beyond the maximum allowed by the General Plan range months in a twelve-month period at any single location and specified on the land use map of the City of Cupertino shall meet criteria in Section 19.64.040(A). General Plan as of the date of the project application, "Emergency shelter, permanent" means a facility that controlled through the Government Code process. provides temporary housing with minimal supportive 2012 S-31 19.08.030 Cupertino-Zoning 10 services that is limited to occupancy of six months or less. is different for each side of the fence, the grade with the Shelters may be permanently operated and shall meet criteria highest elevation shall be utilized in determining the fence in Section 19.64.040(B). height. "Enclosed"means a covered space fully surrounded by "First floor"means that portion of a structure less than walls, including windows, doors and similar openings or or equal to twenty feet in height, through which a vertical architectural features, or an open space of less than one line extending from the highest point of exterior construction hundred square feet fully surrounded by a building or walls to the appropriate adjoining grade,passes through one story. exceeding eight feet in height. "Flag"means any fabric,banner,or bunting containing "Entry feature" means a structural element, which distinctive colors,patterns,or symbols,used as a symbol of leads to an entry door. a government, political subdivision, or other entity. "Equestrian center" means a facility for the shelter, "Floor area" means the total area of all floors of a display, exhibition, keeping, exercise or riding of horses, building measured to the outside surfaces of exterior walls, ponies or mules, or vehicles drawn by such animals, with and including the following: related pasture lands, corrals and trails. 1. Halls; "Equipment yard" means a use providing for 2. Base of stairwells; maintenance, servicing or storage of motor vehicles, 3. Base of elevator shafts; equipment or supplies; or for the dispatching of service 4. Services and mechanical equipment rooms; vehicles;or distribution of supplies or construction materials 5. Interior building area above fifteen feet in height required in connection with a business activity,public utility between any floor level and the ceiling above; service,transportation service,or similar activity,including 6. Basements with lightwells that do not conform to but not limited to, a construction material yard,corporation Section 19.28.060F; yard, vehicular service center or similar use. 7. In all zones except residential, permanently F. "F" Definitions: roofed, but either partially enclosed or unenclosed building "Facility"means a structure,building or other physical features used for sales, service, display, storage or similar contrivance or object. uses. 1. "Accessory facility" means a facility which is "Floor area" shall not include the following: incidental to, and customarily associated with a specified 1. Basements with lightwells that conform to Section principal facility and which meets the applicable conditions 19.28.060F; set forth in Chapter 19.80. 2. Lightwells; 2. "Noncomplying facility" means a facility which 3. Attic areas; is in violation of any of the site development regulations or 4. Parking facilities,other than residential garages, other regulations established by this title, but was lawfully accessory to a permitted conditional use and located on the existing on October 10, 1955, or any amendment to this same site; title, or the application of any district to the property 5. Roofed arcades, plazas, walkways, porches, involved by reason of which the adoption or application the breezeways, porticos, courts and similar features not facility becomes noncomplying. (For the definition for substantially enclosed by exterior walls. "nonconforming use" see the definition "use" in this "Floor area ratio" means the maximum ratio of gross chapter.) floor area on a site to the total site area. 3. "Principal facilities" means a main building or "Foot-lambert" means a unit measurement of the other facility which is designed and constructed for or brightness of light transmitted through or reflected from an occupied by a principal use. object or surface. "Family" means an individual or group of persons "Freeway"means any public roadway so designated by living together who constitute a bona fide single the State of California. housekeeping unit in a dwelling unit. "Family" shall not be "Front wall" means the wall of a building or other construed to include a fraternity, sorority, club, or other structure nearest the street upon which the building faces, group of persons occupying a hotel, lodging house, or but excluding certain architectural features as defined in this institution of any kind. chapter. "Fence" means a man-made structure which is G. "G" Definitions: designed, intended or used to protect,defend or obscure the "Garage" means an accessory building (completely interior property of the owner from the view, trespass or enclosed) or an attached building used primarily for the passage of others upon that property. storage of motor vehicles. "Fence height" means the vertical distance from the "Gasoline service station"means any place of business highest point of the fence(excluding post caps)to the finish which offers for sale any motor vehicle fuel to the public. grade adjoining the fence. In a case where the finish grade 2012 S-31 11 Definitions 19.08.030 "Grade" or"finished grade" means the lowest point of adjacent ground elevation of the finished surface of the ground paving, or sidewalk, excluding areas where grade has been raised by means of a berm,planter box, or similar landscaping feature,unless required for drainage,within the To.of -ate area between the building and the property line,or when the I Entry property line is more than five feet from the building, Feature between the building and a line five feet from the building. 4 "Gross lot area means the horizontal area included I within the property lines of a site plus the street area Natural .nimm bounded by the street centerline up to thirty feet distant from Grade the property line, the street right-of-way line and the extended side yard to the street centerline. HEIGHT LIMIT FOR ENTRY FEATURES "Group home" means a State-authorized, certified or "Home occupation" means a business, profession, licensed family care home, foster home, or group home occupation or trade activity which is performed by the serving six or fewer mentally disordered or otherwise resident(s)of a dwelling unit within that dwelling unit, or a handicapped persons or dependent and neglected children. yard area or garage associated with that dwelling unit, or a "Guest room" means a room which is intended, yard area or garage associated with that unit, for purposes arranged or designed to be occupied by occasional visitors of generating income,by means of the manufacture, and/or or nonpaying guests of the occupants of the dwelling unit in sale of goods and/or services, but which activity is clearly which the room is located, and which contains no kitchen incidental to the use of the dwelling for residential purposes. facilities. "Hospital" means a facility for providing medical, H. "H" Definitions: psychiatric or surgical services for sick or injured persons, "Habitable floor" means the horizontal space between primarily on an inpatient basis, and including ancillary a floor area of at least seventy square feet and the ceiling facilities for outpatient and emergency treatment,diagnostic height measuring at least seven feet six inches above it, services, training, research, administration, and service to except for a kitchen which shall have a ceiling height not patients, employees or visitors. less than seven feet above the floor. "Hotel"means a facility containing rooms or groups of "Habitable space" means space in a structure for rooms, generally without individual kitchen facilities, used living, sleeping, eating or cooking. Bathrooms, toilet or intended to be used by temporary overnight occupants, compartment, closets, halls, storage or utility space and whether on a transient or residential occupancy basis, and similar areas are not considered habitable space. whether or not eating facilities are available on the premises. "Heavy equipment" means any mechanical or Hotel includes motel, motor hotel, tourist court, or similar motorized device that is not a vehicle or a commercial use,but does not include mobilehome parks or similar uses. vehicle as defined in Section 19.08.030(V), including, but "Household pets" means small animals commonly not limited to, a backhoe,cement mixer,crane,ditch witch, found in residential areas such as chickens, ducks, geese, dozer,earth mover,generator,grader,tractor or any similar rabbits, dogs, and cats, but excluding animals such as any device. bovine or equine animal, or any goat, sheep or swine. This "Height" means a vertical distance measured parallel title does not regulate the keeping of small household pets, to the natural grade to the highest point of exterior such as fish, birds or hamsters, which is incidental to any construction, exclusive of chimneys, antennas or other permitted use. However,no animal including household pets appurtenances, except that entry features are measured to may be kept, maintained and/or raised for commercial the top of the wall plate. purposes except where permitted with required permits. Height restriction shall be established by establishing "Household type" means whether the occupants of the a line parallel to the natural grade. housing units are very low income, lower income or senior "Height", for purposes of the Accessory citizens. Buildings/Structures, encompasses the entire wall plane "Housing development" means one or more groups of nearest the property line, including roof, eaves, and any projects with residential units constructed in the planned portion of the foundation visible above the adjoining finished development of the City. grade. 2012 S-31 19.08.030 Cupertino-Zoning 12 I. "I" Definitions: "Lightwell" means an excavated area required by the "Industrial district," for purposes of the Sign Uniform Building Code to provide emergency egress, light Ordinance, means all ML districts and any other zoning and ventilation for below grade rooms. classifications which are consistent with the industrial "Liquor store" means a use requiring a State of designation of the Cupertino general plan. California "off-sale general license" (sale for off-site "Institutional district," for purposes of the Sign consumption of wine, beer and/or hard liquor) and having Ordinance, means all BQ, PR, FP, and BA districts and fifty percent or more of the total dollar sales accounted for other zoning classifications and uses which are considered by beverage covered under the off-sale general license. institutional in nature and are consistent with the institutional "Living space" means habitable space and sanitation. or quasi-public designation of the general plan. "Loading space" means an area used for loading or J. "J" Definitions: unloading of goods from a vehicle in connection with the use "Junkyard" means the use of more than two hundred of the site on which such space is located. square feet of the area of any lot for the storage or keeping "Lodging"means the furnishing of rooms or groups of of junk, including scrap metals or other scrap material, rooms within a dwelling unit or an accessory building to and/or for the dismantling or wrecking of automobiles or persons other than members of the family residence in the other vehicles or machinery. dwelling unit, for overnight occupancy on a residential K. "K" Definitions: occupancy basis, whether or not meals are provided to the "Kitchen" means an area in habitable space used for person. Lodging shall be subject to the residential density the preparation of food and including at least three of the requirements of the district in which the use is located. following: "Lodging unit" means a room or group of rooms not 1. Cooking appliance(s) or provision for a cooking including a kitchen, used or intended for use by overnight appliance(such as 220V outlets, gas connections and space occupants as a single unit, whether located in a hotel or a for appliances between counters; dwelling unit providing lodging where designed or used for 2. Counter; occupancy by more than two persons; each two-person 3. Refrigerator; capacity shall be deemed a separate lodging unit for the 4. Sink. purpose of determining residential density;each two lodging L. "L" Definitions: units shall be considered the equivalent of one dwelling unit. "Landscaping" means an area devoted to or developed 1. "Lot"means a parcel or portion of land separated and maintained with native or exotic planting, lawn, ground from other parcels or portions by description, as on a cover, gardens, trees, shrubs, and other plant materials, subdivision or record of survey map, or by metes and decorative outdoor landscape elements, pools, fountains, bounds, for purpose of sale, lease or separate use. "Corner water features, paved or decorated surfaces of rock, stone, lot" means a lot situated at the intersection of two or more brick, block or similar material (excluding driveways, streets, or bounded on two or more adjacent sides by street parking, loading or storage areas), and sculptural elements. 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 eleven means of a private driveway or parcel of land not otherwise p.m. to seven a.m. meeting the requirement of this title for lot width. "Legal substandard lot"means any parcel of land or lot 3. "Interior lot"means a lot other than a corner lot. recorded and legally created by the County or City prior to 4. "Key lot" means the first lot to the rear of a 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 feet 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. 2012 S-31 13 Definitions 19.08.030 "Lot coverage" means the following: "Massage" means any method of pressure on or 1. "Single-family residential use" means the total friction against or stroking, kneading, rubbing, tapping, land area within a site that is covered by buildings,including pounding, vibrating or stimulating the external parts of the all projections,but excluding ground-level paving,landscape human body with the hands or with any mechanical or features, lightwells, and open recreational facilities. electrical apparatus or other appliances or devices with or 2. "All other uses except single-family residential" without such supplementary aides as rubbing alcohol, means the total land area within a site that is covered by liniment,antiseptic,oil,powder,cream,lotion,ointment or buildings, excluding all projections, ground-level paving, other similar preparations. landscape features, and open recreational facilities. "Massage parlor"means a building or portion thereof, "Lot depth" means the horizontal distance from the or a place where massage is administered for compensation midpoint of the front lot line to the midpoint of the rear lot or from which a massage business or service for line, or to the most distant point on any other lot line where compensation is operated which is not exempted or regulated there is no clear rear lot line. by the Massage Establishment Ordinance as contained in "Lot line" means any boundary of a lot. Title 9, Health and Sanitation of the Cupertino Municipal 1. "Front lot line" means on an interior lot, the lot Code, Chapter 9.06. line abutting a street, or on a corner lot, the shorter lot line "Minor change"means an alteration or modification of abutting a street, or on a flag lot, the interior lot line most an existing plan, development or project which is parallel to and nearest the street from which access is substantially inferior in bulk, degree or importance to the obtained. overall dimension and design of the plan, development or 2. "Interior lot line" means any lot line not abutting project with no change proposed for the use of the land in a street. question, no change proposed in the character of the 3. "Rear lot line"means the lot line not intersecting structure or structures involved, and no variance required. a front lot line which is most distant from and the most "Mobilehome" means a vehicle, other than a motor closely parallel to the front lot line. A lot bounded by only vehicle, designed or used as semipermanent housing, three lot lines will not have a rear lot line. designed for human habitation, for carrying persons and 4. "Side lot line" means any lot line which is not a property on its own structure, and for being drawn by a front or rear lot line. motor vehicle, and shall include a trailer coach. 5. "Street lot line" means any lot line abutting a "Mobilehome park" means any area or tract of land street. where lots are sold, rented, or held out for rent to one or "Lot of record" means a lot which is part of a more owners or users of mobilehomes, excluding travel- subdivision recorded in the office of the County Recorder, trailers, for the purpose of permanent or semipermanent or a lot or parcel described by metes and bounds which has housing. been recorded. "Multiple-family use" means the use of a parcel for "Lot width"means the horizontal distance between side three or more dwelling units which may be in the same lot lines, measured at the required front setback line. building or in separate buildings on the same parcel. "Lower-income household" means a household whose N. "N" Definitions: gross income is as established by Health and Safety Code "Natural grade"means the contour of the land prior to Section 50079.5. improvements or development,unless otherwise established M. "M" Definitions: by a City approved grading plan that is part of a subdivision "Major renovation," for purposes of Chapter 19.116, map approval. means any renovation for which an expenditure of more than "Net lot area" means the total area included within the one thousand dollars was made. property lines of a parcel, excluding the following: "Major repair,"for purposes of Chapter 19.116,means 1. Any portion of a parcel within the right-of-way of any repair for which an expenditure of more than one an existing public street; thousand dollars was made. 2. The portion of a flag lot constituting the access "Manufacturing" means a use engaged in the corridor lying between the front property line and the manufacture, predominantly from previously prepared frontage line of the corridor at the street; materials,of finished products or parts,including processing 3. The full width of any legal easement used for fabrication,assembly,treatment,packaging of products,but access purposes. excluding basic industrial processing of extracted or raw "Nightclub" means an establishment providing materials, processes utilizing inflammable or explosive alcoholic beverage service and late evening (past eleven material (i.e., materials which ignite easily under normal p.m.)entertainment, with or without food service. manufacturing conditions), and processes which create O. "0" Defmitions: hazardous or commonly recognized offensive conditions. "Office" means: 2012 S-31 19.08.030 Cupertino-Zoning 14 1. "Administrative or executive offices" including intended as interim improvements of property subject to those pertaining to the management of office operations or removal at a later date. the direction of enterprise but not including merchandising "Parking space" means an area on a lot or within a or sales services. building, used or intended for use for parking a motor 2. "Medical office" means a use providing vehicle, having permanent means of access to and from a consultation, diagnosis, therapeutic, preventative or public street or alley independently of any other parking corrective personal treatment services by doctors, dentists, space, and located in a parking facility meeting the medical and dental laboratories, and similar practitioners of requirements established by this title. Parking space is medical and healing arts for humans, licensed for such equivalent to the term "parking stall" and does not include practice by the State of California and including services driveways, aisles or other features comprising a parking related to medical research, testing and analysis. facility as previously defined in this chapter. 3. "Professional offices" such as those pertaining to "Pennant" means any lightweight plastic, fabric, or the practice of the professions and arts including, but not other material, whether or not containing a message of any limited to, accounting, architecture, dentistry, design, kind, suspended from a rope, wire, or string, usually in a engineering, including associated testing and prototype series, designed to move in the wind. development, but excluding product manufacturing and/or "Permit" means a permit issued by the City Council, assembly, law and medicine,but not including sale of drugs Planning Commission,Design Review Committee,Director or prescriptions except as incidental to the principal uses and of Community Development, or any other decision body as where there is external evidence of such incidental use. empowered by the Cupertino Municipal Code, approving 4. "Office district," for purposes of the Sign architecture, site improvements, buildings, structures, land Ordinance,means those buildings or groups of buildings for and/or uses. Permits may include but shall not be limited to which the permitted uses are professional offices, is within Administrative Approvals, Two-story Permits, Minor an OA or OP zone or which are designated for offices on the Residential Permits, Architectural and Site Approvals, general plan. Development Permits,Conditional Use Permits,Exceptions, "Offset" means the indentation or projection of a wall Variances or Subdivision Maps. plane. "Person" means an individual, group, partnership, "Open" means a space on the ground or on the roof of firm, association, corporation, trust, governmental agency, a structure, uncovered and unenclosed. governmental official, administrative body, or tribunal or "Organizational documents" means the declaration of any other form of business or legal entity. restrictions, articles of incorporation, bylaws and any "Personal fitness training center" means a facility contracts for the maintenance, management or operation of providing space and equipment,with or without supervision, all or any part of a common interest development. for group or individual athletic development,increased skill "Outdoor recreation use" means a privately owned or development in sports activity, or rehabilitative therapy for operated use providing facilities for outdoor recreation athletic injury. activities, including golf,tennis, swimming, riding or other "Perspective drawing" means a rendering of a outdoor sport or recreation, operated predominantly in the three-dimensional view depicting the height, width, depth, open,except for accessory or incidental enclosed services or and position of a proposed structure in relation to facilities. surrounding properties and structures when viewed from P. "P" Definitions: street level. "Park" means any open space, reservation, "Picnic area" means a facility providing tables and playground,swimming pool,golf course,recreation center, cooking devices for preparation and consumption of meals or any other area in the City owned or used by the City or out of doors or within an unenclosed shelter structure. County and devoted to active or passive recreations. "Practice range" means a facility providing controlled "Parking area" means an unroofed, paved area, access to fixed or movable objects which are used to test and delineated by painted or similar markings, intended and measure accuracy of discharge from a weapon. designed to accommodate one or more vehicles. "Private educational facility"means a privately owned "Parking facility" means an area on a lot or within a school, including schools owned and operated by religious building, or both, including one or more parking spaces, organizations,offering instruction in the several branches of together with driveways, aisles, turning and maneuvering learning and study required to be taught in the public schools areas, clearances and similar features, and meeting the by the Education Code of the State of California. requirements established by this title. Parking facility "Project improvements" means all public road includes parking lots, garages and parking structures. improvements, undergrounding utility improvements, and 1. "Temporary parking facility" means parking lots improvements to the on-site utility networks as required by which are not required under this title and which are the City of Cupertino for a common interest development. 2012 S-31 15 Definitions 19.08.030 "Projection" means architectural elements,not part of located on the premises of a commercial or manufacturing the main building support, that cantilevers from a single use and use solely for the recycling of material generated by building wall or roof, involving no supports to the ground that business or manufacturer. other than the one building wall from which the element 1. "Recycling center, Certified" or "Certified projects. Processor" means a recycling facility certified by the "Promotional device"means any sign,display,fixture, California Department of Conservation as meeting the placard, vehicle or structure that uses color, form, graphic, requirements of the California Beverage Container symbol, illumination or writing to advertise a special event Recycling and Litter Reduction Act of 1986. or the opening of a new business. 2. "Recycling center,Mobile"means an automobile, "Property" means real property which includes land, truck, trailer or van licensed by the Department of Motor that which is affixed to the land,and that which is incidental Vehicles, which is used for the collection of recyclable or appurtenant to the land as defined in Civil Code Sections material. A mobile recycling center also means the bins, 658 through 662. boxes or containers transported by trucks, vans, or trailers 1. Property, Adjoining. "Adjoining property" and used for the collection of recyclable materials. A mobile means any unit of real property, excluding lands used as recycling center may consist of an enclosed vehicle such as public streets, sharing one or more common points with box cab or enclosed semi-trailer or an open vehicle such as another property. a flatbed trailer with bins or boxes to contain recyclable "Provider" means a person who operates a child day materials. care home and is licensed by the State of California. "Recycling facilities" may include the following: "Public dancehall" is a building or portion used for a. "Collection facility" means a facility for the dancing purposes to and in which the general public is acceptance (donation, redemption or sale) of recyclable admitted and permitted to dance, upon payment of any fee materials from the public. Such a facility does not use other than compensation, or upon payment of a charge for power-driven processing equipment except as indicated in admission,or for which tickets or other devices are sold, or standards and conditions, in this chapter. Collection in which a charge is made for the privilege of dancing with facilities may include the following: any other person employed for such purpose by the operator i. Reverse vending machine(s); of the establishment, including but not limited to taxi ii. Small collection facilities which occupy an area dances, but excluding restaurants, hotel rooms and of not more than five hundred square feet, and may include: nightclubs in which the dancing is incidental only to other (A) A mobile recycling unit, entertainment. (B) Bulk reverse vending machine or a grouping of Q. "Q" Defmitions: reverse vending machines occupying more than fifty square "Qualified applicant" is a person who has a legal or feet, equitable interest in real property which is the subject of a (C) Kiosk type units and bulk vending machines, development agreement, determined pursuant to Section (D) Unattended containers placed for the donation of 19.144.040. Qualified applicant includes an authorized recyclable materials; agent. iii. Large collection facilities which may occupy an R. "R" Definitions: area of more than five hundred square feet, or is on a "Recreational open space" means open space within a separate property not appurtenant to a host use, and may common interest development (exclusive of required front include permanent structures. setback areas) which shall be used exclusively for leisure b. "Processing facility"means a building or enclosed and recreational purposes, for the use and enjoyment of space use for the collection and processing of recyclable occupants (and their visitors)of units on the project and to materials. Processing means the preparation of material for which such occupants (and their visitors) have the right of efficient shipment or to an end-user's specifications,by such use and enjoyment. Accessory structures such as swimming means as baling, briquetting, compacting, flattening, pools, recreational buildings and landscaped areas may be grinding,crushing,mechanical sorting,shredding,cleaning, included as open space. and remanufacturing. Processing facility includes the "Recyclable materials" means discards or waste following: materials that may be separated or mixed, collected and i. A light processing facility occupies an area of processed,and used as raw materials for new products. For under forty-five thousand square feet of gross collection, purposes of Chapter 19.108, recyclable material does not processing and storage area and has up to two outbound include hazardous materials. truck shipments per day. Light processing facilities are "Recycling center" means a facility for the collection limited to baling, briquetting, crushing, compacting, and/or processing of recyclable materials. Recycling center grinding, shredding and sorting of source-separated does not include storage containers or processing activity recyclable materials and repairing of reusable materials 2012 S-31 19.08.030 Cupertino-Zoning 16 sufficient to qualify as a certified processing facility. A manufacturing of products or provisions of services to light processing facility shall not shred, compact, or bale others. ferrous metals other than food and beverage containers. "Residential care home" means the use of a dwelling ii. A heavy processing facility is any processing unit or portion licensed by the State of California or County facility other than a light processing facility. of Santa Clara, for care of up to six persons, including "Religious institution" means a seminary, retreat, overnight occupancy or care for extended time periods, and monastery,conference center,or similar use for the conduct including all uses defined in Sections 5115 and 5116 of the of religious activities including accessory housing incidental California Welfare and Institutions Code, or successor thereto, but excluding a private educational facility. Any legislation. use for which a property tax exemption has been obtained "Residential district," for purposes of the Sign pursuant to Section 3(f)of Article XIII of the Constitution Ordinance, means the R1, RHS, R2, R3, R1C, A, and Al of the State of California and Section 206 of the Revenue zoning classifications which are consistent with the and Taxation Code of the State of California, or successor residential designation of the Cupertino general plan. legislation, or which is used in connection with any church "Reverse vending machine(s)" means an automated which has received such an exemption, shall be prima facie mechanical device which accepts one or more types of presumed to be a religious institution. empty beverage containers, including, but not limited to "Residential care facility" means a building or portion aluminum cans, glass and plastic bottles, and issues a cash designed or used for the purpose of providing refund or a redeemable credit slip with a value not less than twenty-four-hour-a-day nonmedical residential living the containers redemption value,as determined by the State. accommodations pursuant to the Uniform Building,Housing A reverse vending machine may sort and process containers and Fire Codes,in exchange for payment of money or other mechanically provided that the entire process is enclosed consideration,where the duration of tenancy is determined, within the machine. In order to accept and temporarily store in whole or in part,by the individual resident's participation all three container types in a proportion commensurate with in group or individual activities such as counseling,recovery their relative redemption rates,and to meet the requirements planning,medical or therapeutic assistance.Residential care of certification as a recycling center, multiple grouping of facility includes,.but is not limited to, health facilities as reverse vending machines may be necessary. defined in California Health and Safety Code (H&SC) 1. A bulk reverse vending machine is a reverse Section 1250 et seq., community care facilities (H&SC vending machine that is larger than fifty square feet; is Section 1500 et seq.), residential care facilities for the designed to accept more than one container at a time; and elderly (H&SC Section 1569 et seq.), and alcoholism or will pay by weight instead of by container. drug abuse recovery or treatment facilities (H&SC Section "Rotating homeless shelter"means a shelter located in 11384.11), and other similar care facilities. an existing church structure, the shelter provided not to Restaurant: exceed two months in any twelve-month period at any single 1. Restaurant, Fast-Food. "Fast-food restaurant" location, and the number of occupants not to exceed means a retail food service establishment in which prepared twenty-five, hours of operation not to exceed six p.m. to foods or beverages are served or sold on or in disposable seven a.m. containers, including those establishments where a S. "S" Definitions: substantial portion of the patrons may serve themselves and "Screened"means shielded,concealed,and effectively may consume the food and beverages off-site. A separate hidden from view at an elevation of up to eight feet above bar facility for serving alcoholic beverages is not permitted. ground level on adjoining parcels,or from adjoining parcels, Any area, tables or rooms reserved for serving alcoholic within ten feet of a lot line, by a fence, wall, hedge, berm, beverages shall be considered a separate bar facility. or similar structure, architectural or landscape feature, or Specialty food stores, such as ice cream stores, bakeries or combination thereof. shops, shall not be considered fast-food restaurants. "Second dwelling unit" means an attached or a 2. Restaurant, Full Service. "Full-service detached residential dwelling unit which provides complete restaurant" means any restaurant which is not a fast-food independent living facilities for one or more persons. It restaurant. Alcoholic beverages may be served with meals shall include permanent provisions for living, sleeping, at a customer's dining table;however,a separate bar facility eating, cooking and sanitation on the same parcel as the for serving alcoholic beverages is not permitted without a single-family dwelling is situated. use permit. "Senior citizens" means: "Research and development" means a use engaged in 1. Persons at least sixty-two years of age; or study, design, analysis and experimental development of 2. Persons at least fifty-five years of age in a senior products, processes or services, including incidental citizen housing development, in accordance with State and federal law. "Senior housing development" means: 2012 S-31 17 Definitions 19.08.030 1. Government subsidized housing units for senior are owned and managed separately from the shopping center citizens; management. 2. Housing intended for, and solely occupied by, "Sidewalk site triangle" is a triangular shaped area persons at least sixty-two years of age; or described in Cupertino Standard Detail 7-6. (See Appendix 3. Housing consisting of at least one hundred fifty C, Cupertino Standard Detail; Sidewalk Site Triangle units in which eighty percent of the units have at least one (Sidewalk Clearance at Driveway). person aged fifty-five or older and which provide special "Sign"means any device,fixture,placard,or structure facilities and services designed for seniors. that uses any color, form,graphic, illumination, symbol,or Eligibility for a density bonus or other concession for writing to advertise,announce the purpose of,or identify the senior citizen units must be in conformity with State and purpose of a person or entity, to communicate information federal laws governing senior housing projects. of any kind to the public. "Setback line" means a line within a lot parallel to a 1. "Animated sign" means any sign which projects corresponding lot line, which is the boundary of any action, motion or the illusion thereof, changes intensity of specified front, side or rear yard, or the boundary of any illumination or changes colors, including the likes of public right-of-way or private road,whether acquired in fee, balloons, banners and flags, and blowing or air-powered easement, or otherwise, or a line otherwise established to attractions, but excluding electronic readerboard signs and govern the location of buildings, structures or uses. Where signs that display the current time or temperature. no minimum front, side or rear yards are specified, the 2. "Blade sign" means a pedestrian oriented sign, setback line shall be coterminous with the corresponding lot adjacent to a pedestrian walkway or sidewalk, attached to a line. building wall, marquee, awning or arcade with the exposed Setback Area, Required. "Required setback area" face of the sign in a plane perpendicular to the plane of the means open space, unoccupied and unobstructed from the building wall. ground upward,except as provided in this title,between the 3. "Development identification sign" means a lot line and the setback line on the same parcel. ground sign at the major entry to a residential development 1. Setback Area, Required Front Yard. "Required with twenty units or more meant to identify the name and front-yard setback area" means the setback area extending address of the development. across the front of a lot between the front lot line and the 4. "Directional sign" means any sign which setback line. Front yards shall be measured either by a line primarily displays directions to a particular area,location or at right angles to the front lot line, or by a radial line in the site. case of a curved front lot line, except flag lots which is the 5. "Directory sign" means any outdoor listing of area extending across the full extent of the buildable portion occupants of a building or group of buildings. of the flag lot measured from the property line which is 6. "Electronic readerboard sign"means an electronic parallel to and nearest the street line and at which point the sign intended for a periodically-changing advertising lot width equals a minimum of sixty feet. The Director of message. Community Development shall have the discretion to modify 7. "Freeway oriented sign"means any sign which is the provisions of this definition when it improves the design located within six hundred sixty feet and visible from a relationship of the proposed buildings to adjacent buildings freeway right-of-way as defined by Section 5200 of the or parcels. California Business and Professions Code. 2. Setback Area, Required Rear Yard. "Required 8. "Garage sale signs" means any sign used for rear-yard setback area"means the area extending across the advertising a garage or patio sale as defined in Chapter 5.16 full width of the lot between the rear lot line and the nearest of the Cupertino Municipal Code. line or point of the main building. 9. "Ground sign" means any sign permanently 3. Setback Area, Required Side Yard. "Required affixed to the ground and not supported by a building side-yard setback area" means the area between the side lot structure. The height of the sign shall be measured from the line and the nearest line of a building, and extending from grade of the adjoining closest sidewalk to the top of the sign the front setback line to the rear setback line. including trim. "Shopping center" means a group of commercial 10. "Identification sign" means any sign whose sole establishments, planned, developed, owned or managed as purpose is to display the name of the site and the names of a unit, with off-street parking provided on the parcel. the occupants, their products or their services. "Shopping center,"for purposes of the Sign Ordinance, 11. "Illegal sign" means any sign or advertising means a retail entity encompassing three or more tenants statuary which was not lawfully erected,maintained,or was within a single building or group of buildings, but within not in conformance with the provisions of this title in effect which individual business located in defined tenant spaces at the time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. 2012 S-31 19.08.030 Cupertino-Zoning 18 12. "Illuminated sign" means any sign utilizing an 26. "Temporary sign" means any sign, display, artificial source of light to enhance its visibility. banner or promotional device which is designed or intended 13. "Informational sign" means any sign which to be displayed only during the allowable business hours or promotes no products or services, but displays service or for short periods of time as specified by the Director of general information to the public, including the likes of Community Development. hours of operation, rest room identifications and hazardous 27. "V-shaped signs" means any sign consisting of warnthgs, two vertical faces, or essentially vertical faces, with one 14. "Landmark sign" means an existing, legal common edge and which appears as the letter V when non-conforming ground sign that has a distinctive viewed directly from above. architectural style. 28. "Vehicle sign" means a sign painted on or 15. "Nonconforming sign" means any sign or attached to an operable or movable vehicle; in the case of advertising statuary that was legally erected and had motor vehicles, "operable"shall be defined as having a valid obtained a valid permit in conformance with the ordinance license plate. in effect at the time of the erection of the sign but which 29. "Wall sign" means any sign that is attached, became nonconforming due to the adoption of the ordinance erected or painted on a structure attached to a building, a codified in this title. canopy structure, or the exterior wall of a building with the 16. "Obsolete sign" means any sign that displays exposed face of the sign parallel to the wall. incorrect or misleading information, promotes products or 30. "Window sign"means any sign that is intended to services no longer available at that site or identifies departed be read from outside of the structure or painted on a window occupants. facing a public street, parking lot, pedestrian plaza or 17. "Off-site sign"means any sign not located on the walkway accessible to the public. premises of the business or entity indicated or advertised by "Sign area" for an individually lettered sign without a the sign. This definition shall include billboards, poster background, is measured by enclosing the sign copy with a panels, painted bulletins and other similar advertising continuous perimeter in simple rectilinear forms. (See displays. Appendix D for examples of sign area calculation.) 18. "On-site sign"means a sign directing attention to The sign area for a sign with borders and/or a business,commodity,service or entertainment conducted, background is measured by enclosing the exterior limits of sold or offered upon the same premises as those upon which the border or background with a single continuous the sign is maintained. perimeter. The necessary supports, uprights, and/or the 19. "Political sign" means a temporary sign that base on which such sign is placed, shall be excluded from encourages a particular vote in a scheduled election and is the sign area. posted prior to the scheduled election. When a sign is separated by thirty-six inches or more, 20. "Portable sign or display"means any outdoor sign the area of each part may be computed separately. or display not permanently attached to the ground or a "Single-family use"means the use of a parcel for only structure on the premises it is intended to occupy and one dwelling unit. displayed only during business hours. Portable sign or "Specialty food stores" means uses such as bakeries, display includes A-frames, flower carts, statues, and other donut shops, ice cream stores, produce markets and meat similar devices used for advertising as determined by the markets, or similar establishments where food is prepared Director. and/or sold primarily for consumption off the premises. 21. "Project announcement sign" means any "Site," for purposes of the Sign Ordinance, means a temporary sign that displays information pertinent to a piece of land as shown on a subdivision map, record of current or future site of construction, including the likes of survey map or assessor's parcel map,which constitutes one the project name, developers, owners and operators, development site and which may be composed of a single completion dates, availability and occupants. unit of land or contiguous units under common ownership, 22. "Projecting sign" means any sign other than a control, or development agreement. wall sign that is attached to and projects from a structure or "Special event," for purposes of the Sign Ordinance, building face or wall. means a temporary promotional event including, but not 23. "Real estate sign" means a temporary sign limited to, a special sale on merchandise or services, or indicating that a particular premises is for sale,lease or rent. grand openings. 24. "Roof sign" means a sign erected between the "Special event banner" means any temporary sign lowest and highest points of a roof. constructed of pliable materials such as canvas,fabric,vinyl 25. "Street address sign"means any sign that displays plastic or similar materials which will withstand exposure to only the street address number(s) of the site and, at the wind and rain without significant deterioration, and which option of the property owner, the street name. does not require a building permit for its construction, or installation outside of a building. 2012 S-31 19 Definitions 19.08.030 "Specified anatomical areas" means: housing resident in retaining the housing, improving his or 1. Less than completely and opaquely covered her health status, and maximizing his or her ability to live human genitals, pubic region, buttocks and female breast and, when possible, work in the community. below a point immediately above the top of the areola; and T. "T" Defmitions: 2. Human male genitals in a discernibly turgid state, "Target population" (per CA Health and Safety Code even if completely and opaquely covered. 50675.14(b)(2))means persons with low incomes having one "Specified sexual activities" means: or more disabilities, including mental illness,HIV or AIDS, 1. Human genitals in a state of sexual stimulation or substance abuse, or other chronic health conditions, or arousal; individuals eligible for services provided under the 2. Acts of human masturbation, sexual intercourse Lanterman Developmental Disabilities Services Act or sodomy; (Division 4.5 (commencing with Section 4500) of the 3. Fondling or other erotic touching of human Welfare and Institutions Code) and may, among other genitals, pubic region, buttocks or female breast. populations, emancipated youth, families with children, "Story" means that portion of a building, excluding a elderly persons, young adults aging out of the foster care basement, between the surface of any floor and the surface system, individuals exiting from institutional settings, of the next floor above it, or if there is no floor above it, veterans, or homeless people. then the space between the floor and the ceiling next above "Transient" means any individual who exercises it. occupancy or is entitled to occupancy by reason of "Street" means a public or private thoroughfare the concession, permit, right of access, license or other design of which has been approved by the City which agreement for a period of thirty consecutive calendar days affords the principal means of access to abutting property, or less, counting portions of calendar days as full days, and including avenue, place, way, drive, lane, boulevard, including any individual who actually physically occupies highway, road, and any other thoroughfare except an alley the premises, by permission of any other person entitled to as defined in this chapter. occupancy. 1. Street, Public. "Public street" means all streets, "Transitional housing" and "transitional housing highways,lanes,places,avenues and portions and including development" (per CA Health and Safety Code 50675.2(h)) extensions in the length and width, which have been means buildings configured as rental housing developments, dedicated by the owners to public use, acquired for public but operated under program requirements that call for the use, or in which a public easement for roadway purposes termination of assistance and recirculation of the assisted exists. unit to another eligible program recipient at some "Street frontage," for purposes of the Sign Ordinance, predetermined future point in time, which shall be no less means the length of a site along or fronting on a public or than six months. private street,driveway or other principal thoroughfare,but "Trim" means the molding, battens, cappings, nailing does not include such length along an alley, watercourse, strips, lattice and platforms which are attached to a sign. railroad right-of-way or limited access roadway or freeway. U. "U" Definitions: "Structure"means that which is built or constructed,an "Use" means the conduct of an activity, or the edifice or building of any kind, or any piece of work performance of a function or operation, on a parcel 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, which 2. "Conditional use" means a use listed by the functions for play, recreation or exercise(e.g., pool slides, regulations of any particular district as a conditional use playhouses, tree houses, swings, climbing apparatus, within that district, and allowable solely on a discretionary gazebos, decks, patios, hot tubs and pools) but does not or conditional basis, subject to issuance of a conditional use include portable play structures, such as swings or climbing permit, and to all other regulations established by this title. apparatus. 3. "Nonconforming use" means a use which is not "Structurally attached" means any structure or a permitted use or conditional use authorized within the accessory structure or portion thereof,which is substantially district in which it is located, but which was lawfully attached or connected by a roof structure or similar physical existing on October 10, 1955; or the date of any attachment. amendments thereto,or the application of any district to the "Supportive housing" (per CA Health and Safety Code property involved, by reason of which adoption or 50675.14(b)(1)) means housing with no limit on length of application the use became nonconforming. (See stay, that is occupied by the target population, and that is "noncomplying facilities" in this chapter for a definition.) linked to onsite or offsite services that assist the supportive 2012 S-31 19.08.030 Cupertino-Zoning 20 4. "Permitted use" means a use listed by the Y. "Y" Defmitions: regulations of any particular district as a permitted use "Yard"means an area within a lot,adjoining a lot line, within that district,and permitted therein as a matter of right and measured horizontally, and perpendicular to the lot line when conducted in accord with the regulations established for a specified distance, open and unobstructed except for by this title. activities and facilities allowed therein by this title. 5. "Principal use" means a use which fulfills a 1. "Front yard" means a yard measured into a lot primary function of a household, establishment, institution, from the front lot line, extending the full width of the lot or other entity. between the side lot lines intersecting the front lot line. "Useable rear yard" means that area bounded by the 2. "Rear yard" means a yard measured into a lot rear lot line(s)and the rear building line extended to the side from the rear lot line, extending between the side yards; lot lines. The side yard adjacent to a proposed minor provided that for lots having no defined rear lot line, the addition (e.g., addition equaling ten percent or less of the rear yard shall be measured into the lot from the rearmost principal structure)may be included in calculation of usable point of the lot depth to a line parallel to the front lot line. rear yard area. 3. "Side yard" means a yard measured into a lot V. "V" Definitions: from a side lot line, extending between the front yard and "Variance application"means an application for which rear lot line. an exception process is not identified in the Municipal Code. Z. "Z" Definitions: "Vehicle" means any boat, bus, trailer, motor home, None. (Ord. 2085, § 2 (part), 2011; Ord. 11-2074, van, camper (whether or not attached to a pickup truck or (part),2011;Ord.2056,(part),2010;Ord. 1894, §1,2002; other vehicle),mobilehome,motorcycle,automobile,truck, Ord. 1891, (part), 2002; Ord. 1863, (part), 2000; Ord. pickup, airplane, boat trailer, truck tractor, truck trailer, 1809, 2000; Ord. 1784, (part), 1998; Ord. 1725, (part), utility trailer or recreational vehicle,or parts,or any device 1996; Ord. 1688, §3(part), 1995; Ord. 1657,(part), 1994; by which any person or property may be propelled, moved Ord. 1654, 1994; Ord. 1637, (part), 1993; Ord. 1635, or drawn upon a public street, excepting a device moved (part), 1993;Ord. 1618,(part), 1993;Ord. 1607,§ 1, 1992; exclusively by human power. Ord. 1601, Exh. A (part), 1992) 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. "Very low income household" means a household whose gross income is as established by Health and Safety Code Section 50105. "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" Defmitions: None. X. "X" Definitions: None. 2012 S-31 19.12.010 CHAPTER 19.12: ADMINISTRATION Section 19.12.010 Purpose and intent. A. In the A, Al, R1 and RHS Zones, the following 19.12.020 Applicability of regulations. activities: 19.12.030 Approval authority. 1. Conditional uses in accord with Chapter 19.20, 19.12.040 Authority of the Director of Chapter 19.24, Chapter 19.28, Chapter 19.32, Chapter Community Development. 19.36, Chapter 19.40 and Chapter 19.44; 19.12.050 Authority of the Design Review 2. Removal of protected trees identified in Chapter Committee. 14.18; 19.12.060 Authority of the Planning 3. Projects in RI zones identified in Section Commission. 19.28.040; 19.12.070 Authority of the City Council. 4. Height Exceptions identified. in Section 19.12.080 Application process. 19.24.050(B)(3); 19.12.090 Action by Director. 5. Hillside Exceptions identified in Section 19.12.100 Decision. 19.44.060 and Chapter 19.48; 19.12.110 Noticing. 6. Parking Exceptions identified in Chapter 19.124; 19.12.120 Action by Director of Community 7. Fence Exceptions identified in Chapter 19.48; Development—Administrative. 8. Variance to all other zoning regulations. 19.12.130 Action by Design Review Committee B. In R2, R3, R1C and all Commercial, Industrial, and Planning Commission. Office, Planned Community Districts and other 19.12.140 Action by City Council. non-residential zoning districts: 19.12.150 Notice of decision and reports. 1. New structures or property development, 19.12.160 Effective date. including signs and sign programs. 19.12.170 Appeals. 2. Building additions, exterior modifications to 19.12.180 Expiration, extension and existing structures including signs and sign programs, and revocation. site changes(including, but not limited to, new or modified landscaping, tree removals, fencing, changes to parking lot 19.12.010 Purpose and Intent. space striping or circulation); The purpose and intent of the Administration section is 3. Changes in property or building use that involve to establish procedures for the discretionary review of exterior modifications; development in the City in order to ensure that new 4. Exceptions or modifications to the development's development and changes to existing developments comply required and/or existing parking; with City development requirements and policies. This 5. Conditional uses in accord with Chapter 19.60, chapter establishes the procedures for review of applications Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter before the approval authorities for each type of project and 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, the process for appeals of any requirement, decision or Chapter 19.92, Chapter 19.96, Chapter 19.128, Chapter determination made by any Approval Body. 19.116, Chapter 19.132, Chapter 19.136. (Ord. 2085, § 2 (part), 2011) (Ord. 2085, § 2 (part), 2011) 19.12.020 Applicability of Regulations. 19.12.030 Approval Authority. Except as otherwise provided in this section, Table 19.12.030 shows the approval authority, Development Review is required for all zoning map and text Noticing Radius, Expiration Date and Extension Dates for amendments, new construction, modifications to building different types of Permits. exteriors or site improvements, and changes in land use, including, but not limited to, the following: 2012 S-31 21 19.12.030 Cupertino-Zoning 22 I: �A a) 0 0 0 p o O in O N esi o U ‹. U — o; °cv r, o; o; 1... q T C) A QO.A N N N N '-'1 W q O a) ca .r CA e,4) CU 0 CU Cam) , , a) N a) N O O >+ > >. >. ,Cl.). ›" >0 >4 >.i Z ca a z rl ■ U OA Q O p q o S S S 8 S q M M M M M M M M M M M z O zaCU CZ 2 0 •s " c x x x x x x x 2 2 x x , ,z U a a a a a a a a p., a a O w w QI c, • w ry "<--- 'Id- N Q U o w w w w w w w ¢ ¢ ¢ w M U ¢ ¢ 0 ei a on. 0 Ix w ¢ad t� a a rx tx ¢ Fa ¢ ¢ U a) 3 w •0 •rte • I I I I I I I I A A4 O U 4) . a) I I I I I I I I w w w w Obi d q q o a) e c d t% x U a a) ..x p p x - N Po .., d t„ G9 cc w 0 q C) C) rw G� u: 6 F., O ;y •4 1.. . i. a a a a c o g . E aa) to o a) Tai ao 0) o E~ co c) N N < v4 A ¢ A U A ., 2012 S-31 23 Administration 19.12.030 °23 0 0 0 0 0 0 aa) o • o S o 0 0 0 0 s. • 00 00 � .� o r� W� -4 a' o. °v N - U '" o∎ CA - — - - — CI CI w h ti CO a) ca) c) c. ca) ca) ca) ca ca) 5"A N N N N N N N N (-4 W a) cli.14 v N � N a o Cl) Cl) N a b '� 0 >" ›- Z ›- Vo z AI 04 0 4 Q o S 8 8 z s 8 8 s z ¢ ¢ 0 U " Q .. . 9 °' o x a a x x x 4) : U Q v a U w Q Q Q Q Q Q Q ¢ Q c d U 0 040 ¢ o; c. ¢ ¢ w ¢ ¢ w ¢ w r w p, o U cli a) 114' .t .5 I 1 I I 1 I I I 1 I A a E o U a) a 0 U 0 o w w w w w w Q 0. E Y ¢ I. t a :. oa p: b o a co,� U G) 2 tom. �r`� .0., ,-,-4 Q' . 0 14:.� 0 0... V Y W .^i c .CD 'V ^ IC G9 pC yOy 0 O O }+ N O O a O 0 0'�° N W aw. O u O 0 Cl) E 0 v o " •U ¢ UV ¢ ¢ 2 x xxw > v) S 2012 S-31 19.12.030 Cupertino-Zoning 24 i. to o. 'r 0 0 0 0 0 w � � N O v o0 O■ O■ O� O .Nr d: N N N •--I ci V N 6) > N 6) N 4) 4) 0 W w u v 0 a a , 0 a a a gz 0 g i ` bci, - 0 z 0 b b� b' 'd .0 '0 .0 � M za a Q a s a Q a a 0 0 el ii lea > > d , N N , Q Q Q Q Q V o a Q Q Q U Q Q o en 0 04 o N r al a w Q a a 4 Q Q w w 0 p, 0 C U E- a3w 4' 4 i U 0? Ei w w w w w w w a d Cl) I. c� .. •��_, ;a Cl) e y ai o y cu 0 'a 0 .?a) oiD : o a) w 0 a c °ci) E- o A a ° b o c� ° E� a)w a W X g A (1) a b a :°o v d a a z $ O r w a o ei O E. W E. xaa cn a w w .4 a; 2012 S-31 25 Administration 19.12.030 00 00 0 NI -41 ,_. ,_.U co �m.: �n csi . o� .� r. o■ a o • ca >, >, >, >, a cu 0 a W w V) 6) cu O no V. z z z z z z z z a oto •g ) Q a a N ) a � ., o 0 D= o 0 0 0 0 • z z z z z z z za b O b V BOA V '61 V a .5 a i 'o o 401 42 A X U) Aa ti d a v ¢ ¢ d ¢ ¢ ¢ ¢ Q a V o . U cp © 00 2 N _ O1• • .1 Q Q Q Q Q Q Q Q tu aU o F at I.. I 1 . . . I Aa0 U a) w a, w w w -1 w w w w A4 b "r V � �+ 0 0 ) N cd I w N in E--, w o °� o a .° - — o : a ad w A E t8. Am A ° g ci 0 w .4 E- ci -a a) b x >. a) W: i b a) o ppa a d.b o w ai 8 a. ai a Be 0 ° 111 P). ba O bw uo a cu n9 0, a) P E. c4a g o iw . z .0O aa0 E: a W a Q 2012 S-31 19.12.030 Cupertino-Zoning 2 $ & 0J U2 § ▪ J W 2 © E § + 2 ' . \ 7 * : ° \ a J J a tal z 2 N § ./ a >, t 7 .° 0 0 "C"'C? K ' g Jo� .0 t ® a k\\ A \ I = w < a o .▪ S c.)0. 0 a / 0 W ©2 Crs 2k © a o k L) ■ % tp . ; TA o Q � k t 0 f ' _ F. .2 7 0 / u -. § § ® / . 0 f - / / G = = 2 % 2 / E \ A I < / o \ I I . k a b 2012 ya! 27 Administration 19.12.030 Key: review is required and minor modifications of duplex and multi-family buildings. Notes: L. Appeals of Design Review Committee decisions shall A. Permits can be processed concurrently with other be heard by the City Council. applications, at the discretion of the Director of M. Parking Exceptions approved by the Director of Community Development. Community Development need a comment period. B. Projects with combined applications shall be processed Parking Exceptions approved by the Design Review at the highest level of approval in conformance with Committee need a public meeting. Section 19.04.090. N. Parking Exceptions in Single-family residential (R1) C. Public Hearing: Project types that need noticing zones and Duplex(R2)zones need adjacent noticing. pursuant to the CA Government Code; All other Parking Exceptions need notices within three Public Meeting: Project types that need only a mailed hundred feet of the exterior boundary of the subject notice and no newspaper notices; property. Comment Period:Project types that need only a mailed O. Application must be filed prior to expiration date of notice and do not need a public hearing or public permit. Permit is extended until decision of the meeting. Approval Body on the extension. D. Noticing Radius of an application in a combined (Ord. 2085, § 2 (part), 2011) application shall correspond to the maximum noticing radius required for any one of the applications. 19.12.040 Authority of the Director of Community E. Expiration date of an application in a combined Development. application shall correspond to the maximum Subject to the provisions of this chapter and general expiration date allowed for any one of the development purpose and intent of this title, the authority of the Director applications (not including Subdivision Map Act of Community Development is as follows: applications, General Plan Amendments and Zoning A. Grant any permits which are authorized to be Map or Text Amendments.) issued by the Director pursuant to Section 19.12.030 and F. Major General Plan Amendment, Conditional Use any other provisions of this code; Permit, Development Permit application - for more B. Grant parking exceptions for projects that are than ten thousand square feet of commercial and/or reviewed in conjunction with permits which are authorized industrial and/or office and/or other non-residential to be issued by the Director of Community Development use, or greater than six residential units. pursuant to Section 19.12.030; G. Minor General Plan Amendment, Conditional Use C. Grant a variance from site development Permit, Development Permit application - for ten regulations and parking and loading regulations (except thousand square feet or less of commercial and/or those handicapped parking regulations mandated by State industrial and/or office and/or other non-residential law)applicable within any zoning district established by this use, or six or less residential units. title; H. City Council review for applications with new D. Grant a variance from the special conditions of development greater than fifty thousand square feet of approval that apply to site development and parking and commercial,and/or greater than one hundred thousand loading regulations(including conditions attached to planned square feet of industrial and/or office and/or other developments) applicable within any zoning district non-residential use,and/or greater than fifty residential established by this title. units. Planning Commission review for all other E. Grant a request for reasonable accommodation applications. made by any person with a disability, when the strict I. Please see specific zoning district regulations or application of the provisions within residential districts acts chapters in this title that apply to the subject property as a barrier to fair housing opportunities, pursuant to or project for approval authority. Chapter 19.52. J. Major Architectural and Site Approval application - F. Make reasonable interpretations of the regulations architectural and site approval for all projects that are and provisions of this title, and any chapter therein, not a Minor Architectural and Site Approval consistent with the legislative intent. Persons aggrieved by application. an interpretation of the Director of Community Development K. Minor Architectural and Site Approval application - may petition the Planning Commission in writing for review single family home in a planned development zoning of the interpretation. district, minor building architectural modifications, G. May refer an application to another Approval landscaping, signs and lighting for new development, Body for review, decision or recommendation. redevelopment or modification in such zones where (Ord. 2085, § 2 (part), 2011) 2012 S-31 19.12.050 Cupertino-Zoning 28 19.12.050 Authority of the Design Review A. An application for permit may be made by the Committee. owner of record, his or her agent, lessee(s)of property, or Subject to the provisions of this chapter and general person(s)who have contracted to purchase or lease property purpose and intent of this title, the authority of the Design contingent upon their ability to acquire the necessary permit Review Committee is as follows: under this title and who have written authorization from the A. Grant any permits and exceptions which are property owner to make an application. authorized to be issued by the Design Review Committee B. Application shall be made on a form provided by pursuant to Section 19.12.030 and any other provisions of the City, and shall contain the following, unless waived by this code; the Director of Community Development based on the scope B. Grant parking exceptions for projects that are in of the proposed project: conjunction with permits which are authorized to be issued 1. A complete legal description of the subject by the Design Review Committee pursuant to Section property and map showing the location of the property for 19.12.030. which the permit is sought; (Ord. 2085, §2(part), 2011) 2. A preliminary title report of the subject property; 3. The proposed site development plan indicating: 19.12.060 Authority of the Planning Commission. the location of all buildings and structures; the location and Subject to the provisions of this chapter and general types of land uses; paved areas, such as roadways, purpose and intent of this title,the authority of the Planning driveways and walkways; and general landscaping scheme; Commission is as follows: 4. Architectural drawings of the proposed A. Grant any permits which are authorized to be development, building additions or other structures. issued by the Planning Commission pursuant to Section Drawings shall indicate building height, colors, materials, 19.12.030 and any other provisions of this code; window treatment and other architectural features; B. Grant parking exceptions for projects that are in 5. Maps showing the locations of buildings; conjunction with permits which are authorized to be issued 6. Renderings showing building heights and square by the Planning Commission pursuant to Section 19.12.030; footages; C. Make recommendations to the City Council on 7. Maps showing the precise location of roads, applications in which it is a recommending body; and streets, alleys and access points; D. Decide on appeals of decisions pursuant to 8. A traffic analysis, if required; Section 19.12.030. 9. A construction plan, (Ord. 2085, §2(part), 2011) 10. Any property/development with a Homeowner's Association (HOA) or Architectural Review Board (ARB) 19.12.070 Authority of the City Council. shall provide a letter of approval from said HOA Board or Subject to the provisions of this chapter and general ARB. purpose and intent of this title, the authority of the City 11. The Director of Community Development may Council is as follows: reasonably require additional information which is pertinent A. Grant any permits which are authorized to be and essential to the application. issued by the City Council pursuant to Section 19.12.030 12. Zoning Map or Text Amendments shall also and any other provisions of the code; include information required per Chapter 19.152. B. Decide on appeals of decisions pursuant to a. Zoning applications for Planned Development Section 19.12.030. Zoning Districts shall also include information required per (Ord. 2085, § 2(part), 2011) Section 19.80.040; b. Zoning applications for Multi-Family (R3) 19.12.080 Application Process. Residential shall also include information required per The following provisions outline the requirements for Section 19.36.040; and the filing of applications for permits, entitlements, c. Zoning applications for Residential Single-family amendments, and approvals. Unless otherwise specified in Cluster (R1C) initiated by a property owner, or his or her this title, all applications for permits, entitlements, designee, shall also include items identified in Section amendments and approvals required by this title shall be 19.44.050H. filed in compliance with this section. 13. Planned Development Permit and Development Applications for permits, permit modifications, Permit applications shall also include information required amendments and other matters pertaining to this chapter per Section 19.156.010: shall be filed with the Director of Community Development 14. Conditional Use Permits and Variances shall also with the following: include information required per Section 19.156.020. 2012 S-31 29 Administration 19.12.080 15. Density Bonus Permit applications shall also ten days prior to the date of the hearing as provided in include information required per Section 19.56.060. Section 65090 of the California Government Code; 16. Conversion of Apartment Projects to Common 2. The City shall mail written notice by first class Interest Developments applications shall also include mail to: information required per Section 19.116.050. a. Each owner of record of real property within the 17. Sign Permit Applications should also include noticing radius per Section 19.12.030 of the exterior information required per Section 19.104.040. boundary of the property for which the application is made C. Application shall be accompanied by the fee as the owner of record is shown in the last tax assessment prescribed by City Council resolution,no part of which shall roll pursuant to Section 65091 of the California Government be returnable to the applicant. Code; (Ord. 2085, §2(part), 2011) b. Owner(s)of subject site or his or her authorized agent; 19.12.090 Action by Director. c. Project applicant(s); Upon receipt of an application for a permit, the d. Local agencies expected to provide water, Director of Community Development shall: sewage,streets,roads,schools or other essential facilities or A. Within thirty days determine whether the services to the proposed project; application is complete or needs additional information and e. Any individual or entity that has filed a written shall inform the applicant. request with the City Clerk requesting notification of public B. Not later than a period stipulated in Section hearings; 19.12.100 below: 3. If the number of owners to whom notice would be 1. Set a date for a public hearing or public meeting mailed or delivered pursuant to subsection A2 above is upon the matter at a regular or special meeting of the greater than one thousand, in lieu of mailed or delivered approval authority for the project for applications that notice, the Director may provide published notice as require a public hearing or public meeting, or provided in Government Code Section 65091(3). 2. Send notice in accord with the requirements of 4. The notice shall contain the following: Section 19.12.110(D) for applications that do not need a a. The exact address of the property, if known, or public hearing or public meeting. the location of the property, if the exact address is not (Ord. 2085, §2(part), 2011) known; b. The date on which action on the application will 19.12.100 Decision. be taken; Unless postponed or continued with the mutual consent c. A brief description, the content of which shall be of the Director of Community Development and the in the sole discretion of the City, of the proposed project; applicant and written confirmation from the applicant, a d. Reference to the application on file for decision shall be rendered: particulars; 1. No later than sixty days following the date the e. A statement that any interested person, or agent application is deemed complete and either categorically thereof, may contact the City for additional information exempt under the California Environmental Quality Act and/or plans. (CEQA) or the adoption of a negative declaration or one Typographical and/or publishing errors shall not hundred and eighty days of certification of an Environmental invalidate the notice nor any City action related to the Impact Report(EIR). notice. 2. Notwithstanding the above, no later than one B. Notice of Public Hearing for Zoning Text hundred and fifty days upon receipt of a complete Amendments: application for a new personal wireless communication 1. For amendments to zoning regulations: Notice of facility or ninety days upon receipt of an application for such hearing (publication) shall be given in the manner collocation of a personal wireless communication facility/ prescribed in Section 19.12.110A(1). antennas. 2. For amendments to permitted uses of real (Ord. 2085, § 2(part), 2011) property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110A(2)or A(3),as the case may 19.12.110 Noticing. be. A. Notice of Public Hearing: Noticing shall be C. Notice of Public Meeting: For projects requiring provided in the following manner for applications that need notice of a public meeting, notice shall be mailed in accord a public hearing: with Section 19.12.110A(2)or A(3), as the case may be, at 1. Notice of hearing shall be given by publication least ten days prior to the date of the meeting date. once in a local newspaper of general circulation not less than 2012 S-31 19.12.110 Cupertino-Zoning 30 D. Notice of Comment Period: For projects i. A color perspective drawing or three-dimensional requiring notice of a comment period,notice shall be mailed (3-D)photographic simulation of the proposed project, in a in accord with Section 19.12.110A(2) and A(4), fourteen size deemed appropriate by the Director of Community calendar days prior to the date of action on the application. Development. 1. For permits issued pursuant to Chapter 19.28,the ii. For Two Story Permits and Residential Design mailed notice shall include a copy of the site plan and Review applications, a color or black and white perspective elevation plans of the proposed project. drawing or three-dimensional(3-D)photographic simulation 2. For permits issued pursuant to Chapter 14.18,the of the proposed project, at least eleven inches by seventeen mailed notice shall include a copy of the site plan and tree inches in size. replacement/mitigation plan. iii. Visual Representation is not required for E. The City may also give notice of public applications that do not have a material change in the hearings/public meetings in any other manner it deems physical appearance of the property. necessary or desirable. If the Director of Community (Ord. 2085, § 2 (part), 2011) Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby 19.12.120 Action by Director of Community residential areas, the Director, in his or her discretion, may Development—Administrative. expand noticing beyond the stated requirements in Section A. For applications requiring Administrative 19.12.030. approval with a public meeting, public hearing or comment Compliance with the procedures set forth in this section period, the Director of Community Development or his or shall constitute a good-faith effort to provide notice, and the her designee may, subject to the requirements of Section failure to provide notice, and the failure of any to receive 19.12.100: notice, shall not prevent the City from proceeding with a 1. Issue his or her decision at the conclusion of the hearing, meeting or from taking any action nor affect the public meeting, public hearing or comment period; validity of any action. 2. Continue the item for additional public hearings, F. Posted Site Notice: public meetings or comment period; or 1. Applicants shall install notice(s) on the subject 3. Defer action by taking the item under advisement site that is/are clearly visible from the street in accord with and issuing the decision no later than thirty days following the requirements of Table 19.12.030. the public meeting, public hearing or comment period. a. Applicants must install a public notice in the front No additional noticing is required if a project is yard of the subject site. continued. b. For all applications other than Two Story B. For applications where a public meeting or public Permits, Residential Design Review and Tree Removal hearing is required to be held before the Director of applications in R1 or R2 zones, if the subject site has more Community Development, the meeting shall be held in the than one property line abutting a street,the applicant may be same manner as a Design Review Committee meeting. required to install more than one notice. (Ord. 2085, § 2(part), 2011) 2. The notice shall be a weatherproof sign, at least two feet tall and three feet wide, firmly attached to a five 19.12.130 Action by Design Review Committee foot tall post. and Planning Commission. 3. The notice shall be placed at least fourteen days A. For applications where the Design Review prior to the decision/public hearing and shall remain in place Committee or Planning Commission is the Approval Body, until an action has been taken on the application and the it shall render a decision,which is supported by the evidence appeal period has passed. contained in the application or presented at the meeting, at 4. The notice shall contain the following: the meeting, or at a subsequent meeting after conclusion of a. The exact address of the property, if known, or the public hearing or public meeting, subject to the the location of the property, if the address is not known; requirements of Section 19.12.100. b. A brief description of the proposed project, the B. For zoning map amendments, on the basis of content of which shall be at the sole discretion of the City; evidence and testimony presented to the Planning c. City contact information for public inquiries; Commission at the public hearing,the Planning Commission d. A deadline for the submission of public may determine that the public interest will be served, either comments; by revising the area being considered for reclassification to e. If proposing a physical alteration to an existing include properties not originally part of the application, or building or new buildings, at least one of the following by giving consideration to district classifications not visual representations of the proposed project: originally requested by the application. The Planning 2012 S-31 31 Administration 19.12.130 Commission may, solely at its option, consider additional Section 19.12.170. A decision of the City Council shall be properties or district classifications, or both. final. C. For applications requiring City Council approval, B. Reports: The Director of Community the reviewing body shall forward its written fmdings, Development shall endeavor to forward reports,within five determinations and recommendation to the City Council for calendar days from the date of the decision, to the: fmal action, subject to the requirements of Section 1. Planning Commission and the City Council of a 19.12.100. decision by the Director of Community Development. (Ord. 2085, §2(part), 2011) 2. Planning Commission and the City Council of a decision by the Design Review Committee. 19.12.140 Action by City Council. 3. City Council of a decision by the Planning A. Upon receipt of a recommendation of the Commission. reviewing body, the City Council may by resolution (Ord. 2085, § 2(part), 2011) approve, modify, or disapprove the recommendation of the reviewing body, subject to the requirements of Section 19.12.160 Effective Date. 19.12.100. A. A permit approved by the City Council shall take B. Upon fmal approval of a zoning or prezoning effect ten days following the date that the fmdings are application,the City Council shall enact an ordinance zoning adopted. or prezoning the subject property or properties, B. Specific Plans, General Plan Amendments, incorporating within the ordinance: Zoning Ordinance/Map Amendments, and Development 1. A Conceptual development plan, if required, and Agreements shall become effective thirty days following the 2. Conditions of approval. final date of action(e.g., adoption)by the City Council. C. For a Development Agreement,the City Council C. All other permits shall take effect fourteen shall enact an ordinance that shall refer to and incorporate calendar days following the date that the findings are the text of the Development Agreement by reference. adopted by the appropriate Approval Body,unless an appeal D. For applications requiring City Council approval, is filed as provided in Section 19.12.170. the City Council shall issue its decision at the conclusion of (Ord. 2085, § 2 (part), 2011) the public hearing or public meeting. (Ord. 2085, §2(part), 2011) 19.12.170 Appeals. A. An appeal may be filed by any person, firm or 19.12.150 Notice of Decision and Reports. corporation aggrieved or affected by any grant, denial, A. Notice of decision: modification or revocation of any permit, or any 1. The decision for applications approved with a determination or interpretation related to any provision of public meeting or public hearing shall be mailed to the this title. property owner and applicant at the address shown on the B. Filing: application. 1. An appeal shall be in writing on forms prescribed 2. The decision for applications approved with a by the City and shall be filed during regular office hours comment period shall be mailed to the property owner and with the City Clerk within fourteen calendar days after the the applicant at the address shown on the application and any mailing of notice of the City decision or if a notice of person who has commented on the proposed project within decision is not required, from the date of the decision or the comment period. determination, under this title. An appeal not filed within 3. The decision shall contain the following: such time shall be barred.The appeal shall state the grounds a. Applicable findings; and basis thereof. b. Any reasonable conditions or restrictions deemed 2. Appeals under this chapter are subject to an necessary to secure the purpose of this title and to assure appeal fee as prescribed by resolution of the City Council. operation of the development and/or use in a manner C. Noticing: Notice of hearing shall be given in the compatible with existing and potential uses on adjoining same manner in which the original notice was given. If a properties and in the general vicinity; and project with no noticing is appealed, appropriate noticing c. Reporting/monitoring requirements deemed shall be determined by the Director of Community necessary to mitigate any impacts and protect the health, Development. safety and welfare of the City. D. Appeal hearing body shall be determined in 4. The decision of the Director of Community accord with Section 19.12.030. Development, Design Review Committee or Planning E. Decision of the appeal hearing body:The decision Commission shall be final unless appealed in accord with or determination of the appeal hearing body on any appeal shall be final and effective immediately. 2012 S-31 19.12.170 Cupertino-Zoning 32 F. Notice of Decision: Notice of the appeal hearing i. That the permit was obtained by body's decision shall be mailed to the original applicant, to misrepresentation or fraud; the person filing the appeal,and to any other person who has ii. That the improvement,use or activity authorized filed a written request with the City Clerk. in compliance with the permit had ceased or was suspended (Ord. 2085, §2(part), 2011) for one year or more; iii. That one or more of the conditions of the permit 19.12.180 Expiration, Extension and Revocation. have not been met; or A. Expiration. iv. That the owner or occupant of the property is 1. Approval on a permit or variance shall become conducting the use or any associated or other use of the null and void and of no effect, within the time frame property in violation of the law. specified in Section 19.12.030 following its issuance,unless v. In the case of revocation of a sign permit,the sign a shorter or longer time period is specifically prescribed in was abandoned for a period of thirty days. the conditions of permit or variance, unless: (Ord. 2085, § 2(part), 2011) a. A building permit is filed and accepted by the City(fees paid and control number issued). In the event that a building permit expires for any reason, the permit shall become null and void. b. The permit or variance has been used. A permit or variance shall be deemed to be "used" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the use for which,a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued. B. Extensions. A permit or variance may,in accord with Section 19.12.030, be extended for the time frame specified in Section 19.12.030,upon timely submittal of an application with the Director of Community Development prior to expiration. C. 1. Revocation. In any case where, in the judgment of the Director,substantial evidence indicates that the conditions of a permit or variance have not been implemented, or where the permit or variance is being conducted in a manner detrimental to the public health, safety,and welfare,the Director shall set a date for a public hearing before the decision maker granting the original permit or variance, and notice a public hearing in accordance with Section 19.12.110. 2. Findings: A permit may be revoked or modified if any one of the following fmdings can be made: 2012 S-31 19.16.010 CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS Section 19.16.010 Zoning districts designated. 19.16.020 References to Districts. 19.16.020 References to districts. Reference within the title to residential districts 19.16.030 Zoning map and district boundaries. generally and as a grouping, includes all districts identified 19.16.040 Areas not shown on zoning map. in the section. Where references are made to more 19.16.050 Use and interpretation of zoning restrictive or less restrictive residential districts, such map. references shall apply sequentially between the most 19.16.060 Application of regulation to sites restrictive and the least restrictive. divided by zone boundaries. Residential District Restrictive Reference 19.16.010 Zoning Districts Designated. Most restrictive The several classes of general districts into which the RHS City is divided are designated as follows: R1C Zoning Map Designation and District Chapter R-1 Name Number R-2 R-3 A Agricultural Zone 19.24 Least restrictive A-1 Agricultural-Residential Zone 19.24 Rl Single-Family Residential Zone 19.28 (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), R-2 Residential Duplex District 19.32 1992) R-3 Multi-Family Residential Zone 19.36 19.16.030 Zoning Map and District Boundaries. RHS Residential Hillside District 19.40 A. The boundaries of districts established by this title R1C Residential Single-Family Cluster 19.44 shall be shown upon the zoning map. The zoning map, and Zone all amendments, changes, and extensions thereof, and all P Planned Development Zone 19.80 legends, symbols, notations, references, and other matters CG General Commercial Zone 19.60 shown thereon shall be a part of this title. ML Light Industrial Zone 19.72 B. The zoning map, as currently effective, and a BA Public Building Zone 19.76 record of all amendments, changes and extensions thereof, T Transportation Zone 19.76 shall be maintained as a public record in the office of the Director of Community Development. BQ Quasi Public Building Zone 19.76 C. The boundaries of each district as shown upon the PR Park and Recreation Zone 19.92 zoning map, or amendments thereto, are adopted by the FP PrivateRecreationDistrict 19.96 ordinance codified in this title, and the specific regulations 0-A Administrative and Professional 19.68 established by this title for each general district and all other Office District regulations applicable therein as set forth in this title are OP Planned Office 19.68 established and declared to be in effect upon all lands MP Industrial Park 19.72 included within the boundaries of each and every district as OS Open Space 19.88 shown upon the zoning map. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 1992) 2012 S-31 33 19.16.040 Cupertino-Zoning 34 19.16.040 Areas Not Shown on Zoning Map. All lands now or hereafter included within the incorporated territory of the City, which are not included within a general district shown on the zoning map of the City or are not shown as prezoned to a general district in accord with applicable provisions of this title, shall constitute R-1 single-family residence districts. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.16.050 Use and Interpretation of Zoning Map. The following rules shall apply in the determination of the boundaries of any district shown on the zoning map: A. Where boundaries are indicated as approximately following street and alley lines, or other identifiable boundary lines, such lines shall be construed to be the district boundary. Where such boundaries are indicated as within street or alley lines, or within identifiable rights-of-way or creeks, the centerline thereof shall be the district boundary. B. In unsubdivided property, and where a district boundary divides a lot,the location of the district boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map. C. A symbol, or symbols, indicating the classification of property on a zoning map shall in each instance apply to the whole of the area within the district boundaries. D. Where a public street, alley or right-of-way is officially vacated or abandoned, the regulations applicable to this abutting property shall apply equally to each half of such vacated or abandoned street, alley or right-of-way. E. Should any uncertainty remain as to the location or meaning of a boundary or other feature indicated upon a zoning map,said location or meaning shall be determined by the Director of Community Development. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.16.060 Application of Regulation to Sites Divided by Zone Boundaries. Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply to each portion of this site situated in a separate district. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2012 S-31 19.20.010 CHAPTER 19.20: PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES Section 19.20.010 Applicability of regulations. 19.20.020 Permitted, conditional and excluded uses in agricultural and residential zones. 19.20.010 Applicability of Regulations. No building or structure or land shall be used in an A, A-1,R-1,RHS,R1C,R-2,or R-3 zoning district,otherwise than in conformance with the provisions of this chapter. (Ord. 2085, §2(part), 2011) 19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones. Table 19.20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Residential zones. [Table begins on next page.] 2012 S-31 35 19.20.020 Cupertino-Zoning 36 m N U .. I I I 1 I I 1 1 I 1 1 I 1 1 4 a N .� t.. x a g b S ~ a a U a 0 a a a a a a a Q a a U U U U Cl'' U Q a. a. a a. a. a a. a a a. a (3-, a a. b CP b on c> W 3 b S o c p 0 'd co ;.3 b II; o .3 >, O U a) ~O - = bA ,r U 1 Re o o 5 a. °��' �' y .$ °' ao a� b .d :3 cu o d b cu oo co CI C0C1' oa a, a a t. c .g oo ;, E b N '5 5 w a U aT o c) cu N �' 4 — -o o a) vi F b a vUi ca vi o a U b y ° o •5 to a� a � „ -4- 5 c o�cu N G V . to o ¢ ° , • O H as W s a z m g w v cv ,o c.i ti a.; oi) xi —A a4 .4 W .--. N 2012 S-31 37 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.020 M , , , , , , , 04 1+1 r, a. U NI I . I FY I . I F.. a/ . .: 0 a U a" ,u a. i , , b A _I I a. ^1 U^ , I W I W Y. I e.a v U U a, a. a a •Ei d .E d a U a' a. a a. , g U a) b CI ~ ° a, cl 0 b a' .r F. 0 U ie l b a' *� O a' aD 4.6.a) W •a ,53 ° °' 5 g .. a. .. rn co pa 00 N a) li O A . 0 a a) ,> a) '4 O� 3 a aei � •o^ hg a 3 y e a' '5 - 'o v y ° 8 u 0 o •0 0 0 a� °- ca 0 .s a 0 a a' . .ao g 8 o a ° U a O co .5 o .� 3 o `� a. 0 .b "' o ° w C pop v, m ••L y v, ;d U 4' v 9, N ° a O ~Cd a �' o oa II 15 d 0 c o v ao > w I CA ° • a .. .p on 0 a a1 ;r • 5 o o 'cn 42 ° - o a a � � b i acv o .5 o N 0 • . c d a ° b - a p o 0 o d xi w C a' w a.r ., w w cv y a ° i; 3 0 o b •0 a'b• 2. O ." y a p bA .O � eo O Q s Q. w 2 g vii ° 3aa cbd OG 88 A ae. eii AU i . o 5 >, Ea' ?. d cfi ,.4 — 2012 S-31 19.20.020 Cupertino-Zoning 38 • 441, I 1 1 a U a I U Ua a el I 1 1 a U ,€ a a U 1 a d d .mow. M 1∎1 I I I a , a I I 1 a o a U v .4 E H 4 M c') , , , a. a. A 1• 1 Ud Ud b N , , 1 1 1 a a a I a lo U d U d 1 I I I d U � a Ua a U a s U .. a u d d d 1 1 1 • U U a U a a U a a ti d D 'O W tea,, bob C cos P o O� o. F. cdd N 2 it 4 0 a > 1 iti 1:3 C6 o sz y x 0 a 'd ^ cV c�El o u a a q co • c •r, v $ - V a U ° w 8 la O ca a Al CI; g . 0 '- c i v .1 M .. °' a> .c b y r 0 0 0 d u O a t., .5 d, 0. y i = = V N ' v O 0 A. 0 a 0 0 :' >,.r!d p � � Q c ao U n a ° v d '�s 4 u 4 c ;a .o o .2 6 ° b V g 3 ' M ° v 'a .0 - a 0co 8., a- :a 4 a a 1 0 c U o w • > q EU ci a o.. • o 0uw a.) .o 0Oa.. o r5 50 .� w . u '8ba C.) U U it 4.CO 9 � O O O `� O � U >0) 0 y 0 0 o w v j i N.b 'O q; '- ° . bA ~ aD c > r b i b b > f ' i ca Z R. x v U T /1 U w U CO P+ -� w GL V1 U C4 cd CSI . .. 1 .�. 06 .1 N N N N 2012 S-31 39 Permitted, Conditional and Excluded Lses in Agricultural and Residential Zones 19.20.020 M aU aU p, U a 04a a I a a Ua Ua Ua U , , , 4 Z a E a 0 a a a.° " °" VI VI U a * a * av a av a a U W" Ua Ua Ua c.) 0. Q0 N , ' ' ' �5 � a � a � a a � a a I a ■ 3 & '" U U U U a ° I a s va va °' � a "" � a a s U U I 'a I I I ' 1 -71 Ua Va Ua a va a a Q •a I I I I 9 ¢ � a 114U a a 0. a a 4 a 1 U U U U d .0 ° ° ti 0 o W la � IA 0' Q o 5.a c .�b a a p 1 O w ° a p y U 2 >a ' p U b b o w ''' a Al I-1 CI as I obio a°°i a °b° 2 7.1 , ,.., ° c a �, 3 . 0 E au 15 a, 00 a oA ao y +, co t7 5 a> a) a bt, 0 3 a .. Z'0 .ti ° ; a w 2 a 3 0 5 b ° ;d -8 b 0 a0a 6, 3 3 3 u, w ° O .� o e .a o ,-0 . ., o :� b b :3 $. 0 4 ° tie es co U a.) ° ° .v .0 0 0 cl ° a b cfs O '� b aai °'r' " a��i a`di a`di p 0.) 4_, ° 0 7an .� a o RI 0 a a i a o b H w . o `� ° ° c°i n a°i `v.. aai b b •^ o O 5 c. c0 0 °c') CO°f'.S § S °cd w '� �i '� °c� a N .� cg C 3 '3 00 co c) • ° 4' M b c.> ° ° ,1 w c> w. w :4 w . V a> .$2 a> c� w a a~�i w 'a I' °°u 3 O > 0 0 aai cd v aai U �yp 0 a`"i cd •5 51 w ° p 4.' a, a o b 2 b b b to �'q Qa b O O ri O c4 v) w R c4 O O .�; O a+ U U w .o to V V H a i, N N N N N N M M M M 2012 S-31 19.20.020 Cupertino-Zoning 40 , Mp., I I I I I I I a a a U ¢ 4 , , , , , , �' , , a Q, U ¢ •Q U r, I I I I I I I , I I Ow U IX ,A a U . Ua U id ,U aa 31 1 "' , I I I I I I ^ I I a a b U ¢ 5 ¢ � U UU U U UUP. , I+1 XEI Q I I , 1 , i , ¢ U . ca p _ b 0 o ° o h u 0 w b c, w G 0 O q ) b ,g. N N Q Y a O 0 p p4 q pc 3 ^ p 2 ,g .5 y w a ± O 4 U « N to 00 0 0 q 0 > v, a 0 0 E t .00 U 4,� ' da N ° a o va a o 1 ° 'I, '6 .c .0 FA i '5 04 R.a) '� U 4. y • U ° t". . .,..., ..., 5 ° U O O h g' C� A O 0 0 O U .- ' CI> 3 on 00 0 o a o S. o 0 ° •_ `. d U o °w g . ,, en a y ..o ca � ° p ° co 0 v w w p ' , y o y a ` oil c; ' y c (a 0) y 2 U , 4-, 0 w --' 0 i i 1 Ca g 0 g .5 d .5 41 8., g' ° a2 �? ., 'a 0 E0. a) 3 p 8 o >, a., 1.., a) o g o o a, o ° w 0 0 x .a o U 0 U U a v, C7 U F all a., v, c4 E-, o g .a b g 4a • fUA e} ►� M en M M M M ch 4 2012 S-31 41 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.020 M ' I I I I NI I I I I +; U O •„4 I I I 1 I , 1 U r:4 a a a ' .E b I .5 Q U U U U U U CJ Tk � U � U � U m 4 Z. o o F. a o ° c� �. y t`CA ° a. 8 bw � xa o U 4. N 'd a) 3 y c'� �, w+ eo o ro d. R ca. b O N c6 o E . cql a p" " a :� 3 a, a, N a, a> ., w o G = O v v ta N w ••... O vi MI hl a 'U w A . N O O O a. 0 . ) ... N w >cl az o ° a �C0 im O ' � . a) >' 8, on 4° f II, '� c 0. 0,b •z • '� a a) i'dui v° o , o 0 a ch .� b b 5 o, a. g O k " 4. p 0 41 vi O 9 0 a, 0 y CU ai °' b b a, a, a, 3 3 b a ° ° i a y oa`�i 4 g "w b0 . E- 5 0 O a a. �aq, s s x c� � .-3 w 0 F"' d. U C7 ai .6 ci .6 6 v o n 2012 S-31 19.20.020 Cupertino-Zoning 42 a a g NI I I I I I I ° o VJ ,o �' U • b U - o U 0 •c in t 10 co A : 1 i CU g 1- y• Q a o N o M 1 p' ci, N V TIJ {4 Q � v w w w w w w A, - •b 0 g ai 3 ao.o d d U w w w w w w U > � o o f •a , 1 U U 01) S U > RI o o • A co o o � .d ' c � . bb A a U o 'ti o' o • .c n 3 o e°n til o 15... o `°' bbb 2 0" 1-' q ti .° ° w `t &) � 8 � o '8 a w v cl 0 o 0 A as 4-, ,-4 o a. ,6 ..8 0 0 co .-• cu 0 r 0,ti 'o e°io a °" y o o•= a b ap 2 � � Avz = ' o � � � � N 8 >, a, ° 'a � o � o��' . 'o I coi abi o GN oIO .d i � •5 x2000 5 � a°ld '5 i4 N >+ El . c� c5 I I I I I I I I El o, p a i a� F. .a p , 4-- •.' J° a. 0 3 aai 1 a U W F a �y 1 a.' u o A i U o ,p g ,+. y+y+ o 8 v,) •a Rf s& bq 0 oo h in h In t o N 'C w 0 2012 S-31 19.24.010 CHAPTER 19.24: AGRICULTURAL(A) AND AGRICULTURAL-RESIDENTIAL (A-1) ZONES Section 19.24.010 Purpose. Minimum 19.24.020 Applicability of regulations. 19.24.030 Permitted, conditional and excluded Zoning Lot Area Symbol Number Square Feet uses. 19.24.040 Site development regulations. A/A1 215 215,000 19.24.050 Building development regulations. A 400 400,000 19.24.010 Purpose. Agricultural (A) zones are intended to preserve Al 43 43,000 agriculture or forestry activities in areas suited to that purpose, and to include therein incidental residential B. Minimum Lot Area: development of a rural character. Agricultural-residential (A-1) zones are intended to Agricultural- preserve agriculture or forestry activities in areas suited to Agricultural Residential that purpose,and to include therein residential development (A) Zones (A-1) Zones of a semi-rural character. (Ord. 2085, §2(part),2011; Ord. 2056, (part),2010;Ord. 1. Minimum 215,000 square 215,000 square 1601, Exh. A (part), 1992) Lot size feet(with or feet(with no without incidental 19.24.020 Applicability of Regulations. incidental residential use) A. No building or structure or land shall be hereafter residential use) erected, structurally altered, or enlarged in an agricultural • (A) zone or agricultural-residential (A-1) zone, otherwise 2. Incidental 43,000 square feet per dwelling unit. than in conformance with the provisions of this chapter. residential Dwelling units in farm labor camps for B. Notwithstanding the above, request for use temporary laborers, and second reasonable accommodation may be made by any person with dwelling units shall not be counted for a disability, when the strict application of the provisions in the purpose of determining required lot this chapter, act as a barrier to fair housing opportunities, area under this section. pursuant to Chapter 19.52. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), C. Required Lot Shape. Each lot in an A zoning 1992) district shall have such shape that a square with a side of two hundred feet can be inscribed in this lot. 19.24.030 Permitted, Conditional and Excluded (Ord. 2085, §2(part), 2011) Uses. Permitted,Conditional and Excluded Uses that may be 19.24.050 Building Development Regulations. conducted from property zoned agricultural (A) or Table 19.24.050 sets forth the regulations for building agricultural-residential (A-1), are identified in Section development in Agricultural (A) and Agricultural- 19.20.020. Residential (A-1) Zoning Districts. (Ord. 2085, §2(part), 2011) 19.24.040 Site Development Regulations. A. Lot Area Zoning Designations.Minimum lot area shall correspond to the number(multiplied by one thousand square feet) following the A zoning symbol. Examples: 2012 S-31 43 19.24.050 Cupertino-Zoning 44 Table 19.24.050: Building Development Regulations Agricultural (A) Agricultural-Residential(A-1) A. Lot Coverage, Floor Area Ratio and Building Setbacks 1. Lot Coverage 40% of net lot area 40% of net lot area 2. Floor Area Ratio - 45% 3. Minimum Setbacks a. First Floor: i. Front-yard 30 feet 30 feet ii. Side-yard 20 feet 20 feet Rear-yard 25 feet 20 feet b. Second Floor: i. Front-yard 30 feet 30 feet ii. Side-yard 20 feet 20 feet Rear-yard 25 feet 25 feet c. Second-story Decks and Patios: i. Front-yard 22 feet 17 feet ii. Side-yard 20 feet 20 feet iii. Rear-yard 25 feet 25 feet B. Height of Principal Buildings and Structures 1. Maximum Height * 28 feet 2. Zoning districts with "i" Limited to one story(not to exceed 18 feet) suffix ** 3. Exception for Hillside Planning Commission may approve heights greater than 28 feet upon making Areas all the following findings: a. The subject property is in a hillside area and has an average slope of ten percent or greater; b. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable; c. In no case, shall the maximum height exceed thirty-five feet for a principal structure or twenty feet for an accessory structure; d. In no case, shall the maximum height of a structure located on a prominent ridgeline, as defined by Section 19.40.050(H)relating to RHS zoning districts, on or above the four-hundred-fifty-foot contour, exceed twenty feet. 2012 S-31 45 Agricultural (A) and Agricultural-Residential (A-1) Zones 19.24.050 Table 19.24.050: Building Development Regulations (Cont.) Agricultural (A) Agricultural-Residential(A-1) C. Permitted Yard Encroachments 1. Extension of a Legal a. Where a building legally constructed according to existing yard and setback Non-conforming Wall regulations at the time of construction encroaches upon present required first Plane floor setbacks, on encroaching side of the existing structure may be extended along existing building lines. b. Only one such extension shall be permitted for the life of the building. c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended. d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced. d. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. 2. Architectural Features a. May extend into a required yard a distance not exceeding three feet. b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. D. Accessory Structures As allowed by Chapter 19.100, Accessory Buildings/Structures (including attached patio covers) E. Solar Design The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Administrative Conditional Use Permit subject to Chapter 19.12. Notes: * - Fireplace chimneys, antennae, or other appurtenances are excluded from the restriction. ** - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol. (Ord. 2085, § 2 (part), 2011) 2012 S-31 19.28.010 CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R1) ZONES Section 19.28.010 Purposes. B. Reasonable Accommodation: Notwithstanding 19.28.020 Applicability of regulations. 19.28.020(A) above, a request for reasonable 19.28.030 Permitted, conditional and excluded accommodation may be made by any person with a uses. disability, when the strict application of the provisions in 19.28.040 Permits required for development. this chapter, act as a barrier to fair housing opportunities, 19.28.050 Zoning districts established. pursuant to Chapter 19.52. (Ord. 2085, § 2 (part), 2011; 19.28.060 Site development regulations. Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 19.28.070 Building development regulations. 1860, § 1(part),2000; Ord. 1834,(part), 1999;Ord. 1601, 19.28.080 Eichler(R1-e)building design Exh. A(part), 1992) requirements. 19.28.090 Development regulations-(R1-a). 19.28.030 Permitted, Conditional and Excluded 19.28.100 Permitted yard encroachments. Uses. 19.28.110 Single-family residential design Permitted,Conditional and Excluded Uses that may be guidelines and principles. conducted from property zoned Single Family Residential 19.28.120 Landscape requirements. (R1), are identified in Section 19.20.020. (Ord. 2085, § 2 19.28.130 Exceptions. (part), 2011) 19.28.140 . Findings. 19.28.040 Permits Required for Development. Table 19.28.040 sets forth the planning permits 19.28.010 Purposes. required for development in the Single-Family Residential R-1 single-family residence districts are intended to district. create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighborhoods; [Table 19.28.040 begins on next page.] B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; and D. Reinforce the predominantly low-intensity setting in the community. (Ord.2085, §2(part),2011;Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part),2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.020 Applicability of Regulations. A. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R1 single-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. 2012 S-31 47 19.28.040 Cupertino-Zoning 48 y •.70 0 0 Cl) o0 .. xi 5 3 4 a)El a. eoo w 0 A O . a o iu 1. c. w 3 a. o `� y S 0 $ bA a� b0 a� o °' °�' :: Q' r3 ;• y ,o 0.) >, ac)) x w 00 6) � Cl)A z • Cl) w t • 0 o a)p o a)a a)p p b TA y 0 d e � N y cu Q o bi • > c 0 93 CI) ° o , 3 i s ' a • a � � 8N ca w00 bP 8 1 .� o a 'd a) r 0 5 'a cr • .5 0 a) 00 aoi a°i oo.... 0 2 a8 O ' 0 g .8 'S . 8• W I1. .E N y o d.P .. .n Y .E d 0 VA,C:). vA w .� N 04 0 ., g ° cd y 0 '� o .~..� C. o oo aa)) w °cl bO w o . .— 0 aQi p '.. 0�, ,- a c a ,o 14 T. b a' c a �. a� o 00 ..' a� Na) a) o a oA • °, • � a 3 o C a cv• ° I N V !• % 0 0 0 a'=. `Z 'm . ter a) 0 '0 N 0 U u) el) a a) a � o 'ti E - N Ki v vi o a) W g g A o a1 Q o Q Sr Si C. a, ... , ti, a i a) CP cia `° A a o cf '0 °' � CI' a o y o �,� & ai g 4"• `• ° `" a) o h o a • 2 Z on., A a N U p, s Q ai U A 2012 S-31 49 Single-Family Residential (R1) Zones 19.28.040 I... sQ o h P o.) O i co 4y o O p 00 ; i., ti esi O" O c. — A N Y 'la to N c, v : O O O .14 w g 0 en m, .5 S 3 ea w 0 46 5 N• r.< SQ y ,� O •« o., 4 4. co �� >' ' a. r y O O N o PI O . `n AN 0 c0` c? N a� y p O `^+ a��.yyyy fq GC cli o< o 0 4 )8 o g V i3 0 U w N .z � 24 t, eo g a o It g is C b >, � 4)a w 3 gonr a a ° � . b°o 4.) a o to ;5. o g p O d N b A. v id p G o ``1-' 90 3 Ys p d . ' n 0o A O N N `? p gy pppp Fi N Ny p N N O1 " N O N y i+ F. h C 4 � G O � O; p 3 A H •; ("Si g 0 A O b a H F i 3 Q 3 b °�' A •o 1.., A a ° a '3N 2M 4 � 0- � U ca U . " Q. a` a "a a c L i N a g. O 0.6-`A 159 O `01.3 b b «+ O V N N 0 em c4 a W � xU :tQ- U a o W L.; d :.. ∎-i N b 4., O 2012 S-31 19.28.050 Cupertino-Zoning 50 19.28.050 Zoning Districts Established. Table 19.28.050 sets forth the zoning districts established. Zoning Designation Zoning Definition Rl-X Single Family Residential District- Minimum lot area corresponds to the number(X), multiplied by 1,000 square feet R1-Xi Single Family Residential District Restricted to One Story (not to exceed 18 feet high)- [minimum lot area corresponds to the number (X), multiplied by 1,000 square feet preceding the i' symbol] R1-6e Single Family Residential Eichler District(6,000 minimum lot area) R1-a Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area) (Ord. 2085, §2 (part), 2011) 19.28.060 Site Development Regulations. Table 19.28.060 sets forth the rules and regulations for site development in the Single-Family Residential District. [Table 19.28.060 begins on next page.] 2012 S-31 51 Single-Family Residential (R1) Zones 19.28.060 cn 2 ° d 'Cl.)) b U cu 4 � b o a ° a ,o 0 w 5 b G W y U c‘3 M. Q Si gN b C d 1 Ufl N 6 0 -p o c•+0 N ?; b� 8 0 O 0 N a) co N V) 0 ,0, O� O F • tq O vi " ,4 �, w y 4 d t ~ �N S U aN� A O in.5 2 . • U CI, 4) O C O dc ti 5. A U U y U a) •'j cd 1 � a85. . ri ao •.. it ti 0 - .fir 'd y'.N co a 8 4 8 i� 0 E. Q U 0 ,, , N - n O Fr cai"1" 6'd °5 "'ai 4.) S o U fi V; as vi I" in p„ riQ vii ...4a Q p A O 0 0 a "' s id v y 5 a ..i 0 00 O 3 a .d O0 M y N a)O O ^ bq I b b `n 5 .5 5 a° EI El o 1 g . ct . o a o a '''a> > , • y ° w A �A os Q L14 V Q •-i N W 2012 S-31 19.28.060 Cupertino-Zoning 52 U , �A . a • IA Ca• �� O o v ° v a a> �.a > • ; cl R, ' 0 &. 12 «� 0 ,., a N �. N cd c -1 _ co H Fr an U b 5 d 00-10 4T g� � E va c ; C7 3 a 'tea a s yy U V O °' > to U b � `�' ti v, 9 h a s a. o ca V id `u 'O 'O O co o 1 b g a - A 0 o) g• vi �" " a oq c o.-- Vi C 40 M/tO p y L a• ° 3 74 .2.a 4) aa4 To • a a .d >i a .o'g > 2 A . . .0 4,• 0 . 0 a o0 -r . �{ d .� ? N •1:10) 0 .1 y U O ,Sb ° a ce c) a 3 'a a� oo b1D al y o '� � � °' o� : 3 w ao o saa .I0•520 °+ .. y .0 9 o • � N A s o w b ,p• b aai °' p co 7• 84 t"5 � as °' _ .5• ° °" Lg a� 0 .0 .M .1=� ''' o 8, 8E•. , b g a N aD cg b o=i : .°o •5 eon b .0 a add s ca ▪ o g b ° Q N 02 y � 'C yQ : :AO o 'd z . N ei 0 2012 S-31 53 Single-Family Residential(R1) Zones 19.28.070 19.28.070 Building Development Regulations. Table 19.28.070 sets forth the rules and regulations for principal building development on properties zoned R1-5,6, 7.5, 8, 10, 20 etc., and R1-6e in the Single-Family Residential District. [Table 19.28.070 begins on next page.] 2012 S-31 19.28.070 Cupertino-Zoning 54 b N 8 b a c1i. q N «t V N c� b ti-. .O ti 0 o 00 b x � 8 �' 3 ° w K +° a 0 - 00 N 0 O 41 C" a, 3 g T C I. co) O a) w U V•1 ea.U. O O .. U) gU w ti yr d • a U .0 •0 U e .y 0 ^ 'd U O a+I - '- 0uJ uJ U N 04 F+ .0 v N b O + ° . N 0 Y8 v 'C A - ( 8 ° o a o v o a0 A ti ,0>, y -a, -8 N 0 0 • F'4 g ., o m b ° ct . � oa� b �3 � ow Z1 a • o a b a •uN XI 5 � b c a a O V) tu d O • a U) S co 0 O ° � > p 0 A a w a — ow Z o _ v v o o -v O p ^- cd Z cd w cC w 1 a al v v c‘, w .: ° o w a in at a) a.) O N N .� 0 a) 8, A U � .- co a s °w ,c. 0 o 3 b ccv 2 • aoa ce g ° ''b Oa En 12 O co . w A to co O u1 a) 0 �' a) 0 g a v� ai y a .9 U Q W U A W 2012 S-31 55 Single-Family Residential (R1) Zones 19.28.070 a ., o a; 5 w p .9 N A.h 'd a 3 � A Si, w O co O O pq• C.6 N ts, g o x - 5 .‘g x el w O amb 0 0 co cu c. o N - 0 0 O\. ,.... Q b '.. O � y C a 0 .0 h � y 0 >1 O y O ~ N O .7, O O N , , o a ,. U y h o a OA.o a. ao.o S 8 0 o 0 O N > 0 a. ,2_-,)a . ~N 0 ~ , O 0 .5 8a' o Oo w w O. O 0 a ; � .. g; 0 0 .E •-. W y °� "" 0 u3 W 6. cd �0 L V — a " o" ``a O' O a'� y Cl CO '0 N P1 N N N N O b f A� 80 E � 0 ° l 0 o0 e o A C Yv) v o v) C.) c. • = - N . oN ... y .ri W yy ... t N y o y yy 4. 4. N , ‘ w N - h C y id N' 4 V1 -. a tel N — N N v; A+ C U al E" . `" 0 2 d Q,. U ' 'd b N o g .a o :9.. .e g 0 0 i ii Q Q ... t A Ca b 'd W • dA a.y 'h = Z A Q - O a 2 o 0 .5 vii 3 e g b O 0 4 vi ° 'd a a 5 0 0 0 :� 0 ° °' c`� O .d '� >, y O N ri —; cS °?cri '> a 4 •--; w t7 2012 S-31 19.28.070 Cupertino-Zoning 56 .+ 3 aai ° > a. owl' � 0 �, .a 0 O O ao > >, o o 6. 4 a 4 g —. o big y FA co°' a al g U tg $'.0 °nom b � o ob a C4b p a� a, N -- c,:, .o p as p,,,s .a i N a)y w G ^ . .E , $ w cc 0 h A CO Nd , w 8 8 '8 N '6 N N O bA g O w A0 8U w o. OS) $o� � CCI 1:0 ,O VI .1 a 4 0 to :Fs 0 .0 ° °' .o CD U b _ .ao d c° a. 3 v '� 0 " a y U . C rn w "' El 'O o N -� a aq N 10 IA o N o a-y re o O N "'0 w o 15 .A re 2 `t p .5 R 2 a CM > O a n .C7 U "" y '8) a w 0.9 I 41 a 1-+ N Z v4 C 'n '' 2 a P ,g N d .O fir r . H 3 rig .1 2 wo o o -+ 00 3 > ' ' Q, .c� N 'o 0 w Cl) F. fn 2 •a c O cv, Cl) .8 V Q 0 A , w to g H v) aG u .0 a a I:4 N w a N M U a1 , N M 4 N . ; N M 2012 S-31 57 Single-Family Residential(R1) Zones 19.28.070 I-, 0 `° g .8 to O mo w y N w c4 2 `° U 13 13 A I Ua V 1-' 1 if o a u N 2 .0 a) U h co a a 0 CL)a N a N 00 ° a g pG a. . o> ° 4 p a 0 o 2 •� U El• 0 • y W N co 0 o .� N '7 ° o a+ y N v; U U a 1) 4 N a E 0 a a,a N °O (►� F3 N 3 0 a a. cbv c� 2 . co e. N SO.� b ;a ago +e co) O .�. .0 N N O a p y O °a N coD W 0i N o N r Cn id° p; b N z _ o 2012 S-31 19.28.080 Cupertino-Zoning 58 19.28.080 Eichler (Rl-e) Building Design F. Exterior walls located adjacent to side yards shall Requirements. not exceed 9 feet in height measured from the top of the Rl-e single-family residential "Eichler districts" floor to the top of the wall plate. (Ord. 2085, § 2 (part), protect a consistent architectural form through the 2011) establishment of district site development regulations. Nothing in these regulations is intended to preclude a 19.28.090 Development Regulations—(R1-a). harmonious two-story home or second story addition. R1-a districts are intended to reinforce the semi-rural The following building design requirements shall be setting in neighborhoods with large lots. Variation from the met for development in the R1-e district: R1-a regulations shall require a Variance pursuant to A. Entry features facing the street shall be integrated Chapter 19.156 of the Cupertino Municipal Code in the with the roofline of the house. R1-a district. B. The maximum roof slope is 3:12(rise over run). Table 19.28.090 sets forth the rules and regulations for C. Wood or other siding material located on walls building development in the R1-a district. facing a public street (not including the garage door) shall incorporate vertical grooves, up to 6 inches apart. [Table 19.28.090 begins on next page.] D. The building design shall incorporate straight architectural lines, rather than curved lines. E. The first floor shall be no more than 12 inches above the existing grade. 2012 S-31 59 Single-Family Residential (R1) Zones 19.28.090 y h N V H (,� w �) N � X ra '12 .14 N I a. y 8 C a .d cC co o C a) C N b b 0 O (n p 0\ N "8 " p iA o p .0 0 w ri N OO V 0 '0 .. I- CI3 w w b y w g• en M N wb N o I a O . co r N a+ ,.y - • a 4w 4 O 8 a0" O N ° a � � 8 6. 2 El % d a a..) ° A 0 w W 731 0 0 0 ,., 0 = 0 0 o o ° El a' 0 0 0 N A N N •.0 Q N N of O■ •c' a. IA N 'd Oi D\ b p C O •0 00 ° :� S v) fir O O S� 0 a a H co + — cw w v Ix M°' 5 con a! 0 0 W: b 8 n A. a .5 cu '� 3 N N N w E1 cd U.c °cC q V b Cd w ° y b c _ 0 c. v � a d a 2 b o � p o F+ Fi 2 a as w . N • al U A uS 2012 S-31 19.28.090 Cupertino-Zoning 60 o c . vl a o a) Vs g co o > `i E ° • a a 43 O CO g • a 'g' g ct° a' r, t. 0 0 re $i a o � 2o 4.O h A CD •- co El El V O E o-54 co co g 1a) I y > cC c0 ++ CO CO w ° ° v co co CO b h o i 0• b b 8 > e, a a o g A4 c _— ..d • (� fd ' (A ^�1 ...4.-0 v'� vim v1 v'� /�'. p u `'' ;� U •S y „_, pUp ,� O p O O O O O O o. b of ,5 O `Cy O O p O O O O O O•A. o h o N ev N N N N N N ev o 3 •� o °v a a■ O■ o■ a; o■ o; o . 0 0 0 0 2 0 2 2 0 Qa >. «.. N G b Cd Ei 0) El U C4 N C� Cl)� Cl)� Cl)� Cl) %j «+ O O h ° a ° O O O ° O O O .0 1 N 3 + cV c4 C4 3 C4 C4 �i C4 C4 C4 N • a) w O 'CI st-diA > �� o 00 0 00 > a; .0 vi vim, «, b b U O a) � O O ej x 0 % w c Z = oi .0 a. 'a x •2 H • o cu M Cl) .- N w U co -. csi M ni In .--; Lt. d x .-i - 2012 S-31 61 Single-Family Residential(R1) Zones 19.28.090 0 o w Cl 0 0 .v.). .0 o b '0 t o .5 ° 5" a) w O 0 '8 o >, u 8.,...8 pA Q 0 0 O D 6- t O N 0 .O-+ .I 0 '5)1-; +' ter 'd N p b O bp ] 0 re . 4 b N ON . .t ~ j y p u O N y c) w bA bA w h .g :0 - � 5 § Q 03 .8 2 el p 0O U > y 0 O .se U a .� � bA r5 3 E. N h A 44 cc.3 du h ' ,s o m a El .2 aiw . § d d O f3. N O > g y o 0 0 p y 00 . k — A 0 ,?4 .0 O O N h U - 0 O b b 0 I .0 El p w O d T A O N 0 > n ' y O 5 o c A a 8 � N P ig y N n O3 y vi O� y w w V O Ti 4Fyy 4. .a RI ti 'a-� R7 Fr 'O eM M M C. , � V. 0 o 0 0 o p o a 0 o. a c.U qq U 0 b o a ¢ , ° U o 6 o a o 0 0 0 10 cll y U el,bA b�0 O - '> p .a ~• ti NI p O O g a 0 o 8 " w O qq a p a.) a� n N w w a 0.3 w w .. a ;N 2 Ai w .o c4 ai .a co •N M '•ki c4 O b ••■ r1 co) N .d r�. -.i O 2012 S-31 19.28.100 Cupertino-Zoning 62 19.28.100 Permitted Yard Encroachments. Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the Single-Family Residential district. Table 19.28.100 Permitted Yard Encroachments A. Extension of a legal non- 1. Where a building legally constructed according to existing yard and setback conforming wall line regulations at the time of construction, encroaches upon present required yards and setbacks, one encroaching side yard setback may be extended along its existing building lines if the addition receives a Minor Residential Permit' and conforms to the following: a. The extension or addition may not further encroach into any required setback and the height of the existing non-conforming wall and the extended wall may not be increased. b. The maximum length of the extension is 15 feet.' c. The extension of any wall plane of a first-story addition is not permitted to be within 3 feet of any property line. d. Only one such extension is permitted for the life of such building. 2. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance or exception, either before or after such property becomes part of the City. 3. This section does not apply to attached accessory structures such as attached carports.2 B. Architectural Features 1. May extend into a required yard a distance not exceeding 3 feet. (not including patio 2. No architectural feature, or combination thereof, whether a portion of a covers) principal or accessory structure, may extend closer than 3 feet to any property line. C. Porch post in the R1-a Posts for porches are allowed to encroach 2 feet into the required front setback. See zone Section 19.28.040 for permit requirements. D. Low, open fencing for Allowed to encroach 2 feet into the required front setback area. See Section porches in the R1-a zone 19.28.040 for permit requirements. E. Porch platform and roof May encroach 5 feet into the required front setback. See Section 19.28.040 for overhang in the RI-a zone permit requirements. F. Accessory Structures As allowed by Chapter 19.100, Accessory Structures (including attached patio covers) Notes: Does not apply in the R1-a zone 2 Only applies to properties in the R1-a zone (Ord. 2085, § 2 (part), 2011) 2012 S-31 63 Single-Family Residential(R1) Zones 19.28.110 19.28.110 Single-Family Residential Design every twenty-four feet,with a minimum four foot depth and Guidelines and Principles. ten foot width. The offsets should comprise the full height Any new single-family residential house or addition to of the wall plane.2 an existing house shall be generally consistent with the 4. The current pattern of side setback and garage adopted single-family residential guidelines in Sections orientation in the neighborhood should be maintained. 19.28.110(A) and(B). 5. When possible,doors,windows and architectural A. Single-Family Residential Design Guidelines for elements should be aligned with one another vertically and all projects.'•2 horizontally and symmetrical in number, size and 1. There should not be a three-car wide driveway placement. curb cut. 6. In the RI-a zone, windows on the side elevations 2. No more than fifty percent of the front elevation should2: of a house should consist of garage area. a. Be fixed and obscured to a height of five feet a. In the R1-a zone,the maximum width of a garage above the second floor; on the front elevation should be twenty-five feet,which will b. Have permanent exterior louvers to a height of accommodate a two-car garage. Additional garage spaces five feet above the second floor; or should be provided through the use of a tandem garage or a c. Have sill heights of five feet or greater to mitigate detached accessory structure at the rear of the property.2 intrusion into a neighbor's privacy. 3. Living area should be closer to the street, while C. Residential Design Review Principles. Two-story garages should be set back more. homes subject to design review per Section 19.28.040(E) 4. All roofs should have at least a one-foot (except in R1-a zones) shall meet the residential design overhang. review principles below. The City of Cupertino Two-Story 5. Porches are encouraged. Design Principles are attached hereto as Appendix A and are a. In the R1-a zone, the following porch design incorporated herein by this reference. guidelines apply2: 1. An identifiable architectural style shall be i. When viewed from the street, a porch should provided; appear proportionately greater in width than in height. A 2. Design features, proportions and details shall be porch differs from an entry element, which has a consistent with the architectural style selected; proportionately greater height than its width. 3. Visual relief deemed to be appropriate by the ii. Structural supports should be designed such that Director of Community Development shall be provided; the appearance is not obtrusive or massive. 4. Materials shall be of high quality; iii. The use of large columns or pillars is 5. Ensure building mass and scale; discouraged. 6. Design with architectural integrity on all sides of iv. The eave height for a front porch should not be the structure; and significantly taller than the eave height of typical 7. The design shall reflect symmetry,proportion and single-story elements in the neighborhood. balance. v. Porch elements should have detailing that emphasizes the base and caps for posts and fence elements. Notes: 6. In R1-6e and R1-a zones, entry features should ' Refer to the Eichler Design Handbook-Fairgrove not be higher than fourteen feet from natural grade to plate.2 Neighborhood for additional design guidelines in B. Two-Story Design Guidelines.'.2 the R1-6e zone. 1. The mass and bulk of the design should be 2 Nonconformance with the design guidelines in the reasonably compatible with the predominant neighborhood R1-a zone shall be considered acceptable only if pattern. New construction should not be disproportionately the applicant shows that there are no adverse larger than, or out of scale with, the neighborhood pattern impacts from the proposed project. in terms of building forms,roof pitches,eave heights,ridge (Ord. 2085, §2(part), 2011) heights, and entry feature heights. 2. The design should use vaulted ceilings rather than 19.28.120 Landscape Requirements. high exterior walls to achieve higher volume interior spaces. To mitigate privacy impacts and the visual mass and 3. Long, unarticulated, exposed second story walls bulk of new two-story homes and additions, tree and/or should be avoided since it can increase the apparent mass of shrub planting is required. The intent of this section is to the second story. provide substantial screening within three years of planting. a. In the R1-a zone, all second story wall heights A. Applicability. These requirements shall apply to greater than six feet, as measured from the second story new two-story homes, second-story decks, two-story finished floor, should have building wall offsets at least additions, modifications to the existing second-story decks 2012 S-31 19.28.120 Cupertino-Zoning 64 and/or new windows on existing two-story homes that ii. In the R1-a zone, privacy planting shall have a increase privacy impacts on neighboring residents. minimum setback from the property line equivalent to 1. These requirements shall not apply to: one-quarter of the spread noted on the City list. a. Skylights; c. The trees and/or shrubs shall be planted prior to b. Windows with sills more than five feet above the issuance of a final occupancy permit. finished second floor; 3. Waivers. c. Obscured, non-openable windows; a. New trees and/or shrubs are not required to d. Windows with permanent exterior louvers to a replace existing front or privacy trees or shrubs if an height of five feet above the second floor; Internationally Certified Arborist or Licensed Landscape e. Non-operable windows with obscure glass to a Architect verifies that the existing trees/shrubs have the height of five feet above the second floor; characteristics of privacy planting species, subject to f. Windows with a sill height of five feet minimum approval by the Director or Community Development. above the finished second floor; and b. Affected property owner(s)may choose to allow g. When waivers have been obtained by all affected privacy planting on their own property. In such cases, the property owners applicant must plant the privacy screening prior to issuance B. Planting Plan. Proposals for a new two-story of a building permit. homes, second-story decks, two-story additions, c. The privacy mitigation measures may be modified modifications to the existing second-story decks,and/or new in any way with a signed waiver statement from the affected windows on existing two-story homes shall be accompanied property owner. Modifications can include changes to the by a planting plan which identifies the location, species and number of shrubs or trees, their species or location. canopy diameter of existing and proposed trees or shrubs to 4. Covenant. The property owner shall record a meet the requirements in Section 19.28.110(C)below. covenant with the Santa Clara County Recorder's Office that C. Planting Requirements. requires the retention of all privacy planting, or use of 1. Front yard tree planting. existing vegetation as privacy planting, prior to receiving a a. The tree shall be twenty-four-inch box or larger, final building inspection from the Building Division. This with a minimum height of six feet. regulation does not apply to situations described in b. The tree shall be planted in front of new second subsection(C)(3)(b)of this section. stories in the front yard setback area. 5. Maintenance. The required plants shall be i. In the R1-a zone, the tree shall be placed to maintained. Landscape planting maintenance includes where views from second story windows across the street irrigation, fertilization and pruning as necessary to yield a are partially mitigated. growth rate expected for a particular species. c. The Director of Community Development may 6. Replacement.Where required planting is removed waive the front yard tree based on a report from an or dies it must be replaced within thirty days with privacy internationally-certified arborist citing conflict with existing tree(s)of similar size as the tree(s)being replaced, unless it mature tree canopies onsite or in the public right-of-way. is determined to be infeasible by the Director of Community 2. Privacy planting. Development. (Ord. 2085, §2(part), 2011) a. New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree 19.28.130 Exceptions. angle on each side window jamb. Where results inconsistent with the purpose and intent i. The following is required for all side and rear of this chapter result from the strict application of the yard-facing second story windows in the R1-6e zone: provisions hereof, exceptions to Sections 19.28.070, • Cover windows with exterior louvers to a height 19.28.080, and 19.28.110 may be granted by the Design of five feet above the second floor; or Review Committee. The specific procedural requirements • Obscure glass to a height of five feet above the shall follow Chapter 19.12. (Ord. 2085, § 2(part), 2011) second floor; or • Have a window sill height of five feet minimum 19.28.140 Findings. above the finished second floor. Sections 19.28.140(A),(B),(C),(D),and(E)set forth b. The Planning Division.shall maintain a list of the findings required for a Minor Residential Permit, allowed privacy planting trees and shrubs. The list includes Two-Story Permit, Residential Design Review, and R1 allowed plant species, minimum size of trees and shrubs, Exception approval. expected canopy or spread size, and planting distance A. Minor Residential Permit Findings. between trees. 1. The project is consistent with the Cupertino i. In the RI-a zone,the minimum height of privacy General Plan, any applicable specific plans, zoning trees at the time of planting shall be twelve feet. ordinances and the purposes of this title. 2012 S-31 65 Single-Family Residential (R1) Zones 19.28.140 2. The granting of the permit will not result in a E. R1 Exception Findings. condition that is detrimental or injurious to property or 1. The literal enforcement of this chapter will result improvements in the vicinity, and will not be detrimental to in restrictions inconsistent with the spirit and intent of this the public health, safety or welfare. chapter. 3. The proposed project is harmonious in scale and 2. The proposed development will not be injurious design with the general neighborhood. to property or improvements in the area,nor be detrimental 4. Adverse visual impacts on adjoining properties to the public safety, health and welfare. have been reasonably mitigated. 3. The exception to be granted is one that will B. Two-Story Permit Findings. require the least modification of the prescribed design 1. The project is consistent with the Cupertino regulation and the minimum variance that will accomplish General Plan, any applicable specific plans, zoning the purpose. ordinance and the purposes of this title. 4. The proposed exception will not result in 2. The granting of the permit will not result in a significant visual impact as viewed from abutting properties. condition that is detrimental or injurious to property or (Ord. 2085, § 2(part), 2011) improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. C. Residential Design Review Findings. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. 2. The granting of the permit will not result in a condition that is.detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The project is harmonious in scale and design with the general neighborhood. 4. The project is consistent with the two-story design principles and generally consistent with the single-family residential design guidelines. 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. D. Residential Design Review Findings, R1-a zone. 1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code. 2. The granting of this permit will not result in detrimental or injurious conditions to the property or improvements in the vicinity,or to the public health, safety, or welfare. 3. The project is generally compatible with the established pattern of building forms,building materials,and designs of homes in the neighborhood. 4. The project is generally compatible with the City's single-family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors. 5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible. 2012 S-31 67 Single-Family Resiidential (RI) Zones Appendix A Appendix A: City of Cupertino Two Story Design Principles INTRODUCTION Cupertino's neighborhoods have developed over a e, 9 „ . `'1., '" * period of decades with varying architectural styles. Two ,;� k ,.,, *a';. k story homes with a second story to first floor ratio greater %� u ' + than 66% and homes with second story side setbacks less r � 4 than 15 feet must offset the building massing with designs ~ i that encompass higher quality architectural features and ,M materials. DESIGN PRINCIPLES R I -. These design principles help integrate new homes and ' `tea k additions to existing homes with existing neighborhoods by rlill ,.,.,., ,pro viding a framework for the review and approval ' process. Where possible, additional details and examples UM y I „ have been provided. Conditions not covered by these examples will be evaluated on a case-by-cases basis. DISTINGUISHING ARCHITECTURAL FEATURES 1. Provide an identifiable architectural style. Attractive There are a wide range of architectural styles in homes are designed by using elements from one Cupertino. However, there are a few that have been most consistent theme. It is best to work with your preferred in recent years. Annotated illustrations outlining designer to identify and carry out one style around some of the distinguishing features for five of the most the entire house. common styles are included on the following pages: 2. Design features. Proportions and details to be consistent with architectural style. • Arts and Crafts 3. Provide facade articulation.The following techniques • Mediterranean offer ways to mitigate the bulk of larger homes in • Spanish Eclectic smaller scale neighborhoods and the impact of two- • Italian Villa story tall walls on adjacent neighbors and the • French Country streetscape. • Second floor setbacks • Horizontal and vertical wall plane changes • Pop outs • Bay windows RESOURCES • Chimneys The following resources may be useful to homeowners, • Wide overhangs with projecting brackets buildings, and design professionals in understanding the • Juliet balconies special qualities of specific house styles. • Belly bands • A Field Guide to American Homes • Window boxes and pot shelves Viginia& Lee McAlester • Landscaped trellises and lattices Alfred A. Knopf 2000 • Projecting window trim • The Abrams Guide to American House Styles • Materials and color changes Wilkin Morgan • Inset balconies Harry N. Abrams, Inc. 2004 • Applied decorative features • House Styles in America • Recessed garage doors James C. Massey • Window trim Penguin Studio 1996 • Tall trees to break up view of long walls • Celebrating the American Home 4. Use high quality materials. Joanne Kellar Bouknight 5. Ensure massing and scale appropriate to the The Taunton Press 2005 architectural style. • The Distinctive Home,A Vision of Timeless Design 6. Design with architectural integrity of forms, Jeremiah Eck materials and details on all sides of the structure. The Taunton Press 2005 7. Provide symmetry, proportions and balance consistent with the architectural style. 2012 S-31 Appendix A Cupertino-Zoning 68 Arts and Crafts Style DISTINGUISHING FEATURES t�r�!??' Arts and Crafts Style homes are characterized by ;a;. ° gently pitched broad roof gables with wide eave sh �� a •14 `M ,�-. : overhangs. The visual impact of second floor spaces is r�' 9 w, often minimized by incorporating the living space into 9 8 ` 4 the roof form, and utilizing gable or shed dormers for " MR. light and interior volume. Generously sized entry ."° >1 7j 14 i porches with.distinctive columns and column bases are jjj}( :. common, as s the abundance of wood details. 15 6 16 1. Generous and slightly elevated entry porch ,./' r i4 .1 El 2. Large tapered or square wood columns w '' 3. Stone, brick, shingle, or wood paneled i 3 I` column base 1111! .i Uhl MI 4. Wood porch railing 5. Gabled roof ends � � �4 '; A 6. Expressed wood beam 4 7. Decorative wood brackets T r `�`" ''11 Y 8. Wide wood window frames with divided ' 7,,,..:Ls ' '411 fill light panes 13 ;1 �1J ..� 9. Exposed rafter tails 2 � 10. Decorative Arts and Crafts carriage light 8 1 J � 4 11. Gable and shed dormers } r `r� ## �� r n 4 12. Shingles and/or wood siding occasionally '; �> with a small amount of stucco �`�' `� 13. Composition or simulated wood shake roof shingles 14. Interesting gable end window, attic vent, and/or wood details 15. Bay windows with base trim and brackets 16. Ancillary structures with matching forms, materials, and details 2012 S-31 69 Cupertino-Zoning Appendix A Mediterranean Style ,,,1,,,,,,,,,,,,,,- ? :r �,,a .,..17',,';',7.Z4--",". , ,k4r. s gr DISTINGUISHING FEATURES Mediterranean Style homes are characterized by low- xx ` " -` pitched hip roofs, typically covered in tile. Roof overhangs 1 ' ,, are generally wide, and often are accentuated by decorative 4 ,k4 ,,-. ;; _° brackets. Windows are typically deep set from the exterior •:„.;•;,.:74,''..,�,_;`,, tilt,a wall surface, and upper story windows are smaller and less °� 2 elaborate than ground floor windows. Selected windows and ` 7 3 a` . g f 4 doors often have arched head shapes, and entries are i 4 accentuated by deep recessed and flanking columns attached . 8',„ ,,, gyp+ ' to the wall, but are generally subdued. Facades are often 5 ,�` Or 19� }d 4a symmetrical. ,�At ,i. , 1t!!!111, 1r! $[ �f'"Il r isms g 1. Low pitched roof with heavy textured tiles ' , 2. Wide roof overhangs for sun shading, often with decorative brackets 3. Stucco or stone walls 4. Deep set windows and entries, sometimes with , �� yrk. arched heads and/or windows accentuated with t�. '1 ° ,r„ ` ,.�4- Y surrounding trim t _ R' ¢ 5. Decorative metal carriage lights and railings ,a � 0, 6. Often symmetrical massing and window layout ' �+• 2 + w 7. Upper floor windows smaller and less elaborate ' ray i12 5 8. Supplemental sun shading at selected windows 1 :� �r, 19 , z 9. Distinctive chimney shapes and caps .- 4 z 10. Small balconies with decorative railings and 3 i�” I- brackets � R i _ CIS 11. Decorative columns and details , y-0a 12. Decorative shutters 2012 S-31 Appendix A Single-Family Residential (R1) Zones 70 Spanish Eclectic Style DISTINGUISHING FEATURES Spanish Eclectic Style homes are characterized by 1 „, low-pitched gable and hip roofs, typically covered in red tr 9 �,. tiles. Roof overhangs may be wide with decorative ''�J brackets or minimal with curved molding at the wall/roof 4 ` juncture. Windows are typically deep set from the exterior , II ,4N-4 wall surface, and usually have projecting molding at their 1 1 II 1iliil: 0 heads and sills. Selected windows and doors often have 6 © `--,„ � "�.i . arched head shapes, and entries are accentuated by deep L 6 1 recesses and heavy wood doors. Facades are generally 4 7 4 informal and asymmetrical in their massing. , 4 ,, , .s 4 ' .._ „; 1: x.1 ,.. 1. Low pitched roofs with heavy textured red tiles 3 - overhangs may be large with decorative 8 brackets or very small with curved molding at the wall/roof juncture 2. Stucco walls 3. Recessed entry door-often with arched head 1 1 O k . 4. Deep set windows, sometimes with arched °k '4 heads 'r x . 12 5. Informal and asymmetrical building forms ma' C �1>'.( I 2•.. 4 `� 4f � 11 , 6 &+ `. 6. Distinctive upper level balconies with metal or . wood details a � ' '- 7. Wood window shutters 8. Projecting window head and sill trim . -. . # .; 9. Decorative tile and metal details * a. 10. Distinctive chimney shapes and caps 11. Second floor overhangs with wood beam and bracket supports 12. Casement windows with divided lights 2012 S-31 71 Single-Family Residential(R1) Zones Appendix A Italian Villa Style DISTINGUISHING FEATURES �4 , '` ), {* Italian Villa Style homes are characterized in the * Bay Area a wide variety of forms and details drawn •:,, de%N -�'14,'"' ' .1 4,i. from a variety of common Italian styles. They are „ ,�' :� ,� , frequently formal in their facade design, and oftenw ' � symmetrical with accentuated windows and entries. � ;t �s «� ::i" , 1. Low pitched hip roof °� � �` �' j 5 . , 3 2. Wide roof eaves, often with formal � ,,j * 1 1 supporting brackets : t r' -, ,. - 6 4 s� 3. Symmetrical or asymmetrical front facade .1 �a'4 window patterns well-organized around a t - 7 projecting formal entry with Italianata 4 columns � � :,4,,,s4:• ' ` 4. Tall first floor windows �c ��� 5. Deep set windows in grouped patterns , 6. Arched window heads and/or accentuated 1 trim above the windows _ ,t...,., 7. Procolumns jecting or and/or recessed trim entries with Italianate !'° �, g 8. Projecting window heads,jambs and sills 2 — ro/ 1 7,11,-X 9. Articulated belt and trim courses h 7 • 1 "� is 2012 S-31 Appendix A Cupertino-Zoning 72 French Country Style DISTINGUISHING FEATURES maw French Country Style homes are characterized by , , , steeply pitched roofs with eaves commonly flared upward at €s r, F � g roof-wall junctions. They may be symmetrical in form and ,...0.:: 1 ,# „," facade organization, but are more typically asymmetrical. { �� ( 8' , Some variations include a round tower with a high, conical ' < a roof. Individual homes exhibit a wide variety in form _ , , i 2 2 �' detailing, but are united by the strong roof form. Roof are '' 3 � 6 commonly covered with slate, tile or other rough-textured ,' 1}3, 8 i _ materials. Roof dormers are common. Entries are often 7 ., . deep-set from the home's front wall. t s k;t 1. Gable and hip roof forms with medium to steep ,tip ;';i;; t `, g„ pitch r� �� <: 2. Closed eaves 81 _j 3. Stucco, stone, or brick walls ' i. - < , ,;f vq ,; 4. Recessed entry vestibule with decorative molding or projecting gable 5. Articulated entry details 6. Casement windows with divided lights - often recessed 4/; n 10 7. Second floor overhangs with wood beam and r decorative supports °� �, 2 s 8. Planter boxes, shutters, and other decorative , r' ~ , ;°" ,, ' 8 t'. details 9. Distinctive chimney shapes and caps ., ,� r ,�1 I 6'' 10. Gabled dormers ,- 4 i i e 11. Bay windows with metal roofs e 0) , i' ; i+�k, 4 J �� ' 2012 S-31 19.32.010 CHAPTER 19.32: RESIDENTIAL DUPLEX (R-2) ZONES Section 19.32.010 Purpose. accommodation may be made by any person with a 19.32.020 Applicability of regulations. disability, when the strict application of the provisions in 19.32.030 Permitted, conditional and excluded this chapter, acts as a barrier to fair housing opportunities, uses. pursuant to Chapter 19.52. 19.32.040 Permits required for development. (Ord. 2085, §2(part), 2011; Ord. 2056,(part),2010; Ord. 19.32.050 Site development regulations. 1601, Exh. A(part), 1992) 19.32.060 Building development regulations. 19.32.030 Permitted, Conditional and Excluded Uses. 19.32.010 Purpose. Permitted,Conditional and Excluded Uses that may be The residential duplex zoning district is intended to conducted from property zoned Residential Duplex (R-2), allow a second dwelling unit under the same ownership as are identified in Section 19.20.020. the initial dwelling unit. The residential duplex district is (Ord. 2085, §2(part), 2011) intended to increase the variety of housing opportunities in within the community while maintaining the existing 19.32.040 Permits Required for Development. neighborhood character. No building, structure or sign shall be erected, (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), structurally altered, or enlarged, nor shall any landscaping 1992) or parking plan be implemented or modified in an R-2 zone, without permits pursuant to Chapter 19.12 and 19.168 of the 19.32.020 Applicability of Regulations. municipal code. A. No building, structure or land shall be hereafter (Ord. 2085, § 2(part), 2011) erected,structurally altered or enlarged in an R-2 residential duplex district other than in conformance with the provisions 19.32.050 Site Development Regulations. of this chapter and other applicable provisions of this title. Table 19.32.050 sets forth the rules and regulations pertaining to the site development of property zoned B. Reasonable Accommodation: Notwithstanding residential duplex(R-2). 19.32.020(A) above, a request for reasonable Table 19.32.050: Site Development Regulations A. Lot size: 1. Minimum lot size 8,500 square feet 2. Minimum lot size by zoning Lot area shall correspond to the number(multiplied by two district symbol: thousand square feet)following the R-2 symbol. Example: R2-4.25: Minimum lot size of 8,500 square feet(4.25 * 2,000 s.f.) B. Alternative standards to 19.32.060(A) 1. Legal non-conforming lots Existing legal lots of record must be z 7,500 square feet and fulfill all other applicable requirements of this title. 2012 S-31 73 19.32.050 Cupertino-Zoning 74 Table 19.32.050: Site Development Regulations (Cont.) B. Alternative standards to 19.32.060(A) (Cont.) 2. If 50% of more of net lot area Reduction in minimum lot size of no more 5% of the net lot area is is adjacent to a curvilinear permitted street C. Lot Width at building setback line 1. Minimum width 70 feet 2. Lots with 9,000 square feet or 60 feet more and which front a cul-de-sac (Ord. 2085, § 2(part), 2011) 19.32.060 Building Development Regulations. Table 19.32.060 sets forth the rules and regulations pertaining to the development of structures on property zoned residential duplex(R-2). Table 19.32.060: Building Development Regulations A. Maximum Lot Coverage by all 40% of net lot area permanent buildings B. Maximum Height a. Buildings Two stories, not exceeding 30 feet b. Zoning districts with "i" suffix* Limited to one story(not to exceed 18 feet) c. Accessory Structures Limited to one story(not to exceed 15 feet) and must comply with all other regulations in Chapter 19.100 C. Fences Must comply with regulations in Chapter 19.48 D. Parking Must comply with regulations in Chapter 19.124 E. Minimum Setbacks First Floor Second Floor a. Front Yard i. Minimum Setback 20 feet 20 feet ii. Side entering garage 15 feet 20 feet with curved driveway b. Side yard i. Interior side 20% of lot width measured at front At least three feet more than first setback line and not less than six feet floor setback ii. Street side 12 feet 15 feet 2012 S-31 75 Residential Duplex(R-2) Zones 19.32.060 Table 19.32.060: Building Development Regulations (Cont.) E. Minimum Setbacks(Cont.) First Floor Second Floor c. Rear yard 20 feet or no less than 20% of the lot 20% of lot depth depth, whichever is greater. May be reduced to 10 feet provided that the required rear-yard setback area is no less than eight hundred fifty square feet or twenty times of the lot width. F. Second Story Decks and Patios Minimum Setbacks a. Front Yard - 17 feet b. Side Yard - 15 feet c. Rear Yard - 20 feet G. Permitted Encroachments into a required yard setback area a. Cornices, canopies, coves, No more than 2 feet 6 inches No more than 2 feet 6 inches decks (more than 18 inches above finished grade) and other architectural features b. Unenclosed patio covers in As allowed by Chapter 19.100 - a rear-yard (Accessory Structures) Notes: * - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol. (Ord. 2085, § 2(part), 2011) 2012 S-31 19.36.010 CHAPTER 19.36: MULTIPLE-FA lLY RESIDENTIAL (R-3) ZONES Section 19.36.010 Purpose. 19.36.040 Development Plan Required. 19.36.020 Applicability of regulations. A. An application for development in R-3 zones, 19.36.030 Permitted, conditional and excluded shall in addition to the information required by Chapter uses. 19.12,be accompanied by a development plan that includes 19.36.040 Development plan required. the following: 19.36.050 Permit required for development. 1. The architectural theme of the development, 19.36.060 Site development regulations. including the location of buildings on the lot, building 19.36.070 Building development regulations. configurations, building heights, private patio and balcony areas, fence lines, and general window locations; 2. A description of the private outdoor area for each 19.36.010 Purpose. dwelling unit and a description of the degree of visual The purpose of this chapter is to provide a zoning intrusion into adjoining properties which may result upon district permitting multiple-family residential uses and to implementation of the project. The visual analysis shall establish the regulations pertaining thereto. These include scale cross-sections if deemed essential to interpret regulations are intended to guide future multiple-family the degree of visual intrusion into private outdoor or indoor residential development and ensure a healthy functional space; environment for future residents within the proposed 3. A grading plan describing existing contours and development and for and between adjoining parcels. finish grading in relation to proposed construction. The (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), grading plan shall denote the location of all nonfruit trees 1992) with a trunk diameter as identified in Chapter 14.15, the Protected Tree Ordinance; 19.36.020 Applicability of Regulations. 4. The location of areas proposed for vehicular A. No building, structure or land shall be used, and circulation and for landscaping. no building or structure shall be hereafter erected, (Ord. 2085, § 2(part), 2011) structurally altered or enlarged in a multiple-family residential (R-3) zoning district, otherwise than in 19.36.050 Permit Required for Development. conformance with the provisions of this chapter and other A. No building permit may be issued for applicable provisions of this title. development proposal of a vacant property presently zoned B. Reasonable Accommodation: Notwithstanding multiple-family residential until a development plan is 19.36.020(A) above, a request for reasonable approved with a development permit. accommodation may be made by any person with a B. Signs, landscaping or parking plans and minor disability, when the strict application of the provisions in modifications to buildings may not be erected, structurally this chapter, acts as a barrier to fair housing opportunities, altered, enlarged or modified without permits pursuant to pursuant to Chapter 19.50. Chapters 19.12 and 19.168. (Ord. 2085, §2(part),2011;Ord. 2056, (part), 2010; Ord. (Ord. 2085, § 2(part), 2011) 1601, Exh. A(part), 1992) 19.36.060 Site Development Regulations. 19.36.030 Permitted, Conditional and Excluded Table 19.36.060 sets forth the rules and regulations Uses. pertaining to the Development Regulations for the Permitted, Conditional and Excluded Uses that may be development of property zoned multiple-family residential conducted from property zoned multiple-family (R-3) (R-3). residential, are identified in Section 19.20.020. (Ord. 2085, § 2(part), 2011) 2012 S-31 77 19.36.060 Cupertino-Zoning 78 Table 19.36.060 Site Development Regulations 19.36.070 Building Development Regulations. Table 19.36.070 sets forth the rules and regulations A. Density—Maximum number of units cannot pertaining to the development of buildings on property zoned exceed that allowed by the General Plan multiple-family residential (R-3). Number of Units Dwelling Net Lot Area Up to 3 units 9,300 square feet Over 3 2,000 additional square feet per dwelling unit B. Lot Width 70 feet at front building setback line (Ord. 2085, § 2(part), 2011) Table 19.36.070: Building Development Regulations A. Maximum Lot Coverage 40% of net lot area B. Maximum Height Limited to two stories (not to exceed 30 feet) C. Setbacks First Floor Second Floor Portions of building 24 feet or higher 1. Front-yard 20 feet 20 feet 20 feet 2. Side-yard i. Interior side 6 feet j 9 feet 18 feet ii. Street side 12 feet 12 feet 18 feet 3. Rear-yard 20 feet or 20% of the lot 20 feet or 20% of the lot depth, whichever is greater. depth, whichever is Main building may encroach greater. as close as 10 feet to rear lot line if a useable rear-yard setback area of not less than twenty times the width of the lot. D. Private Outdoor Space- Approximately 20% of each 10% of each unit's gross floor area Balconies may be unit's gross first-floor area provided to fulfill this standard. E. Second Story Decks and Patios 1. Front-yard - 17 feet - 2. Side-yard - 15 feet - 3. Rear-yard - 20 feet - 2012 S-31 79 Multiple-Family Residential(R-3) Zones 19.36.070 Table 19.36.070: Building Development Regulations (Cont.) F. Corner Triangle Shall remain free and clear of all buildings or portions thereof G. Visual Privacy Intrusion Minimize privacy intrusion into all or a significant portion of private outdoor spaces, or interior spaces through the use of windowless walls, atria, enclosed courtyards, and buildings oriented to public and private streets, or other techniques which rely upon structural design rather than mitigation relying solely upon a landscaping solution. H. Fences Must comply with regulations in Chapter 19.48 I. Parking No parking shall be permitted in a setback area where the lot adjoins property located in a single-family(R-1)zoning district. Must comply with regulations in Chapter 19.124 (Ord. 2085, §2(part), 2011) 2012 S-31 19.40.010 CHAPTER 19.40: RESIDENTIAL HILLSIDE(RHS) ZONES* Section 19.40.010 Purpose. B. Reasonable Accommodation: Notwithstanding 19.40.020 Applicability of regulations. 19.40.020(A) above, a request for reasonable 19.40.030 Permitted, conditional and excluded accommodation may be made by any person with a uses. disability, when the strict application of the provisions in 19.40.040 Application requirements. this chapter, acts as a barrier to fair housing opportunities, 19.40.050 Site development regulations. pursuant to Chapter 19.52. 19.40.060 Building development regulations. (Ord. 2085, §2(part),2011; Ord. 1725, (part), 1996;Ord. 19.40.070 Exception for development of certain 1634, (part), 1993) individual hillside lots. 19.40.080 Hillside exception-Findings. 19.40.030 Permitted, Conditional and Excluded Uses. * Prior history: Ord. 1601. Permitted,Conditional and Excluded Uses that may be conducted from property zoned residential hillside (RHS), 19.40.010 Purpose. are identified in Section 19.20.020. The purpose of the RHS zoning district is to regulate (Ord. 2085, § 2(part), 2011) development consistent with the General Plan, to preserve the natural setting in the hillsides. This chapter utilizes 19.40.040 Application Requirements. performance standards and specific regulations to ensure that An application for any development of property in the the utilization of land for residential uses is balanced with RHS zoning district, in addition to the requirements of the need to conserve natural resources and protect life and Chapter 19.12, shall include: property from natural hazards. Specifically, this chapter is A. Site Plans that show topographical information at intended to accomplish the following objectives: contour intervals not to exceed ten feet and a horizontal map A. Enhance the identity of residential neighborhoods; scale of one inch = two hundred feet or larger and identify B. Ensure the provision of light and air to individual all areas with slopes z thirty percent. residential parcels; B. Identify whether the property is on a prominent C. Ensure a reasonable level of compatibility in scale ridgeline or the structure is in the fifteen percent site line of structures within residential neighborhoods; from a prominent ridge line. D. Maintain spatial relationship between structures (Ord. 2085, § 2 (part), 2011) and within neighborhoods; E. Reinforce the predominantly low-intensity setting 19.40.050 Site Development Regulations. of the community; The following guidelines, shown in Table 19.40.050, F. Maintain a balance between residential are a compilation of policies described in the General Plan development and preservation of the natural hillside setting; and are intended to govern the preparation of development G. Promote compatibility of colors and materials of plans in RHS zones. All provisions of this section, except structures and the surrounding natural setting. (Ord. 2085, subsections A, B and C, may be deviated from with a § 2(part), 2011; Ord. 1634, (part), 1993) Hillside Exception in accordance with Section 19.40.040 and 19.40.070. 19.40.020 Applicability of Regulations. A. No building or structure or land shall be used [Table 19.40.050 begins on next page.] erected, structurally altered or enlarged in a residential hillside(RHS)zone,otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title. 2012 S-31 81 19.40.050 Cupertino-Zoning 82 Table 19.40.050: Site Development Regulations A. Density 1. Dwelling Unit Density Determined by Appendix F of the General Plan based upon slope density standards described therein. 2. Transfer of density Density credits derived from application of a slope density formula to a lot or credits, a group of lots may not be transferred to property outside any approved subdivision or parcel map boundary. B. Minimum Lot Area 1. By zoning district Lot area shall correspond to the number(multiplied by one thousand square symbol: feet) following the RHS zoning symbol. Examples: RHS-20: Minimum lot size of 20,000 square feet(20 * 1,000 s.f.) RHS-120: Minimum lot size of 120,000 square feet(120 * 1,000 s.f.) RHS-218: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.) 2. For subdivision Minimum lot area shall be in accordance with Appendix F of the General Plan, unless clustered in accordance with Section 18.52.030(Hillside Subdivisions). The minimum lot area shall be 10,000 square feet for each unit in a clustered subdivision. 3. Subdividable lots Lot size zoning designation shall be assigned at time of subdivision 4. Non-subdividable Shall reflect the existing lot size legally-created, developed lots C. Minimum Lot Width a. 70 feet at front setback line. b. No minimum lot width for lots served by private driveway and which do not adjoin a public street. D. Development on Substandard A Hillside Exception shall be obtained to construct structures or improvements Lots on existing vacant legal lots. E. Site Grading 1. Maximum Grading a. Cumulative total of 2,500 cubic yards, cut plus fill. Quantity Includes: grading for building pad, yard areas, driveway and all other areas requiring grading. Excludes: basements b. All cut and fill shall be rounded to contour with natural contours and planted with landscaping which meets the requirements in Section 19.40.050G 2. Graded Area Shall be limited to the building pad area to the greatest extent possible 3. Multiple Driveways Grading quantities shall be divided equally among the participating lots. E.g., two lots sharing a driveway shall divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 4. Flat Yard Area Limited to a maximum of 2,500 square feet, excluding driveways 2012 S-31 83 Residential Hillside (RHS) Zones 19.40.050 Table 19.40.050: Site Development Regulations (Cont.) E. Site Grading(Cont.) 5. Soil Erosion and A licensed landscape architect shall review grading plans and shall, in Screening of Cut and Fill consultation with the applicant and the City Engineer, submit a plan to prevent Slopes Plan soil erosion and to screen cut and fill slopes. F. Landscaping 1. Tree Planting Plan Shall be prepared by a licensed landscape architect to: a. Screen the residential structures to the greatest possible extent b. Reintroduce trees on barren slopes which were denuded by prior 2. Landscape Requirements agricultural activities Must comply with the Chapter 14.15, Landscaping Ordinance and Wildland Urban Interface Fire Area(WUIFA) requirements 3. Installation of Landscape Must be installed prior to final occupancy unless it is not practicable. If not Improvements installed, the applicant shall post a bond, cash or other security to insure installation within an 18 month period from occupancy. 4. Landscape Maintenance All such landscape areas shall be properly maintained in conformance with the requirements of Chapter 14.15, Landscape Ordinance. 5. Native Trees Should be integrated into the site design to the greatest extent possible. G. Watercourse Protection 1. Watercourse and Any watercourse identified in Figure 6-G in the City's General Plan and its Existing Riparian existing riparian vegetation must be shown on all development plans. Vegetation 2. Setback The setback shall be measured from the top of bank of the watercourses or from existing riparian vegetation, whichever is greater. The setback from riparian vegetation will be measured from the drip line perimeter. All new development, including structures, grading and clearing, must be set back as follows. a. Lots < 1 acre 50 feet b. Lots 2 1 acre 100 feet H. Development Near Prominent Ridgelines 1. New structures Shall not disrupt a 15% site line from a prominent ridge as identified in Appendix A. The fifteen percent site line shall be measured from the top of ridge at the closest point from the structure. 2. Additions to existing May not further encroach into the site line. structures within the 15% For example, the addition may not add height or bulk which may increase the site line of prominent disruption to the fifteen percent ridgeline site line. ridgeline 3. Impractible Clause If(1) and(2) above are not practicable, alternatives may be considered through the exception process. 2012 S-31 19.40.050 Cupertino-Zoning 84 Table 19.40.050: Site Development Regulations (Cont.) I. Development on Slopes of z Hillside Exception required for all grading, structures and other development 30% > 500 square feet. J. Trail Linkages and Lots 1. Site plan must identify trail linkages as shown in the General Plan Trail Adjoining Public Open Spaces Plan, on and adjacent to the site. Site Plan 2. If a trail linkage is identified across a property being developed, development shall not take place within that area unless approved through the exception process. 3. For lots adjoining Public Open Spaces, driveways and buildings shall be located as far as feasible from the Public Open Space and designed in a manner to minimize impacts on the Public Open Space. K. Views and Privacy It is not the responsibility of City Government to ensure the privacy protection of the building permit applicant or owners of surrounding properties that may be affected by the structure under construction. However, the Director of Community Development may confer with the building permit applicant to discuss alternate means of preventing privacy intrusion and preserving views. (Ord. 2085, § 2(part), 2011) 19.40.060 Building Development Regulations. All provisions of this section may be deviated from upon obtaining a Hillside Exception in accordance with Section 19.40.070. Table 19.40.060 sets forth the rules and regulations pertaining to the development of structures on property zoned Residential Hillside(RHS). Table 19.40.060: Building Development Regulations A. Floor Area Ratio(FAR) 1. Maximum 6,500 square feet Allowable house size 2. Unclustered Development a. Lots < 45% of net lot area 10,000 square feet(net lot area) b. Lots z 10,000 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square square feet feet of net lot area. (net lot area) Formula: A_(B-100001 1000 (59'59)+4,500 J A = Maximum allowable house size prior to instituting the maximum 6,500 square foot building size. B = Net lot area. 2012 S-31 85 Residential Hillside (RHS) Zones 19.40.060 Table 19.40.060: Building Development Regulations(Cont.) A. Floor Area Ratio(FAR) (Cont.) 3. Lots Within Clustered Subdivisions where Land is Reserved for Common Open Space a. Lot Area for May count a proportionate share of the reserved private open space to arrive at lot area calculating for purposes of calculating FAR. FAR b. Maximum No developable lot in a cluster development can exceed forty-five-percent floor area FAR prior to ratio prior to slope consideration when a portion of the private open space is attributed slope to the lot area for calculating FAR. consideration c. Average slope Calculated on the developable lot only. of lot 4. Slope Adjustment Criteria a. Lots with Allowable floor area, prior to instituting the maximum 6,500 square foot allowable Average Slope building size, shall be reduced by one and one-half percent(1.5%) for each percent of > 10% and slope over 10 percent. < 30% Formula: C = A x(1-(1.5 x(D-0.1))) A = Maximum allowable house size based on subsection 1 above prior to instituting the maximum 6,500 square foot building size. • C = Maximum allowable building for lots with greater than 10% average slope. D = Average percent slope of net lot area. b. Lots with Allowable floor area shall be reduced by a constant 30 percent. Average Slope z30 % Ave. slope (D) Reduction (1.5 x(D-0.1)) 10% or less 0% 11% 1.5% 12% 3% 13% 4.5% 14% 6% 15% 7.5% 16% 9% 17% 10.5% 18% 12% 19% 13.5% 20% 5% 21% 6.5% 2012 S-31 19.40.060 Cupertino-Zoning 86 Table 19.40.060: Building Development Regulations (Cont.) A. Floor Area Ratio (FAR) (Cont.) 4. Slope Adjustment Criteria (Cont.) b. Lots with Ave. slope(D) Reduction(1.5 x(D-0.1)) Average Slope Z 30 % 22% 18% (Cont.) 23% 19.5% 24% 21% 25% 22.5% 26% 24% 27% 25.5% 28% 27% 29% 28.5% 30% or greater 30% B. Height of Buildings Limited to 30 feet and Structures C. Setbacks First Floor Second Floor Habitable Third Floor (or portions of structures taller than 20 feet) 1. Front-yard a. Slope s 20% 20 feet Driveway and garage 25 feet 25 feet must be designed to b. Slope > 20% 10 feet enable vehicles to 25 feet 25 feet park off-street 2. Side-yard a. Interior Side 10 feet 15 feet 20 feet b. Street Side on 15 feet 15 feet 20 feet Corner Lot 3. Rear-yard 20 feet 25 feet 25 feet D. Second Story Decks and Patios Minimum Setbacks 1. Front Yard - 17 feet 2. Side Yard - 15 feet 3. Rear Yard - 20 feet 2012 S-31 87 Residential Hillside(RHS) Zones 19.40.060 Table 19.40.060: Building Development Regulations(Cont.) E. Downhill Facing Elevation 1. Second Story Downhill Facing Wall Plane Offset a. Offset from i. Average of 7 feet 6 inches for 75% of the second story downhill facing wall plane First Floor shall be setback and Downhill Wall ii. Not less than five feet. Plane iii. The remaining 25% may not extend past the first story wall plane. b. Multiple Offset shall apply only the primary setback affected. Downhill Facing Wall Planes c. Offset from i. Offset may be measured from the outside perimeter of first-story roofed porches. First Floor ii. Roof of the porch must match, in pitch and style, the roof of the main structure. Roofed iii. Porch must be at least.5 feet in width and extend the length of the wall on which it Porches is located. 2. Maximum Wall 15 feet Height on Downhill Elevation F. Permitted Yard Encroachments 1. Extension of a a. Where a building legally constructed according to existing first floor yard and Legal setback regulations at the time of construction encroaches upon present required Non-conforming first floor setbacks, one encroaching side of the existing structure may be extended Wall Plane for along existing building lines. structures not b. Only one such extension shall be permitted for the life of the building. located within a c. Encroachments into a required yard which are the result of the granting of a prominent variance may not be further extended. ridgeline site line d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced. e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. 2. Architectural a. May extend into a required yard a distance not exceeding three feet. Features b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. G. Accessory Structures As allowed by Chapter 19.100, Accessory Buildings/Structures (including attached patio covers) H. Design Standards 1. Building and Roof Forms a. Natural Building shall follow as closely as possible the primary natural contour of the lot. Contours 2012 S-31 19.40.060 Cupertino-Zoning 88 Table 19.40.060: Building Development Regulations (Cont.) H. Design Standards (Cont.) 1. Building and Roof Forms (Cont.) b. Building Mass The main building mass shall be on the upslope side of the building and the roof pitches and Roof shall trend downslope. Pitches c. Second Story Permitted within the second story setbacks as long as they are minor in shape and size. Dormers d. Downhill Shall have a minimum of four offset building and roof elements to provide varied Elevation of building forms to produce shadow patterns which reduce the impact of visual mass. main structure e. High Wall Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, Planes shall contain architectural elements in order to provide relief and to break up expansive wall planes. 2. Colors a. Natural Earth All structures on the lot shall use natural earth tone and/or vegetation colors which Tones complement the natural surroundings. Natural earth-tone and vegetation colors include natural hues of brown, green and shades of gray. b. Reflectivity Shall not exceed 60 on a flat surface Value 3. Outdoor Lighting All outdoor lighting shall be identified on the site development plan. a. Tennis Court High-intensity lights not permitted. and Other Recreational Purposes b. Motion- 1. Shall not exceed 100 watts and activated 2. Must be shielded to avoid all off-site intrusion. Security Lights c. Other lighting Must be directed to meet the particular need. 2012 S-31 89 Residential Hillside (RHS) Zones 19.40.060 Table 19.40.060: Building Development Regulations(Cont.) I. Geologic and Soils Reports 1. Applicability A geological report prepared by a certified engineering geologist and a soils report prepared by a registered civil engineer qualified in soils mechanics by the State shall be submitted prior to issuance of permits for construction of any building or structure which: a. Is located on property in an RHS zoning district which has been designated by the General Plan to be within a geological hazard area; and b. Where an addition, alteration or repair of an existing building or structure include at least one of the following: i. The improvements include increasing the occupancy capacity of the dwelling such as adding a bedroom or secondary unit, or ii. The cost of the completed addition, alteration or repairs will, during any period of twelve months, exceed twenty-five percent of the value of the existing improvements as determined by the building official based on current per foot value of the proposed structure to the existing structure's value on a parcel of property. For the purposes of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shall be determined by the building official. 2. Content of These reports shall contain, in addition to the requirements of Chapter 16.12 of this Reports code, the following: a. All pertinent data, interpretations and evaluations, based upon the most current professionally recognized soils and geologic data; b. The significance of the interpretations and evaluations with respect to the actual development or implementation of the intended land use through identification of any significant geologic problems, critically expansive soils or other unstable soil conditions which if not corrected may lead to structural damage or aggravation of these geologic problems both on-and off-site; c. Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damages to the proposed project and adjacent properties or to otherwise insure safe development of the property; d. Recommendations for additional investigations that should be made to insure safe development of the property; e. Any other information deemed appropriate by the City Engineer. 3. Incorporation of All building and site plans shall incorporate the above-described corrective measures Recommend- and must be approved by the City Engineer, prior to building permit issuance. ations J. Private Roads and Driveways 1. Pavement Width The pavement width and design for a private road or common driveway serving two to and Design five lots and a single-lot driveway shall comply with development standards contained in the Hillside Subdivision Ordinance, Chapter 18.52 of this code. 2. Reciprocal The property owner for a lot served by a private road or common driveway shall, prior Ingress/Egress to issuance of building permits, record an appropriate deed restriction guaranteeing the Easement and following, to adjoining property owners who utilize the private road or common Reciprocal driveway for the primary access to their lot(s): Maintenance a. Reciprocal ingress/egress easement, and Agreement b. Participation in a reciprocal maintenance agreement. 2012 S-31 19.40.060 Cupertino -Zoning 90 Table 19.40.060: Building Development Regulations (Cont.) K. Solar Design The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of an Administrative Conditional Use Permit subject to Chapter 19.12. (Ord. 2085, § 2(part), 2011) 19.40.070 Exception for Development of Certain 8. The proposed development does not consist of Individual Hillside Lots. structures which would disrupt the natural silhouette of A. With respect to a request for development of a ridgelines as viewed from established vantage points on the legally created individual hillside lot which does not meet valley floor unless either: the development requirements contained in Section a. The location of a structure on a ridgeline is 19.40.050, the Approval Body may grant an exception to necessary to avoid greater negative environmental impacts; allow development in accord with the requirements of or Chapter 19.12, if: b. The structure could not otherwise be physically 1. The subject property cannot be merged with located on the parcel and the size of the structure is the adjacent property pursuant to Government Code Sections minimum which is necessary to allow for a reasonable use 66451.10-66451.21; and of the parcel. (See General Plan Policies 2-46, 2-47 and 2. The Approval Body, based upon substantial 2-48.) evidence, makes all of the findings in Section 19.40.080. 9. The proposed development consists of structures (Ord. 2085, § 2 (part), 2011) incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment 19.40.080 Hillside Exception—Findings. and which are designed in such a manner as to reduce the The Approval Body may grant a request for a Hillside effective visible mass,including building height,as much as Exception only if all of the following findings are made: possible without creating other negative environmental 1. The proposed development will not be injurious impacts. (See General Plan Policies 2-46, 2-50, 2-51 and to property or improvements in the area nor be detrimental 2-52.) to the public health and safety. 10. The proposed development is located on the 2. The proposed development will not create a parcel as far as possible from public open space preserves or hazardous condition for pedestrian or vehicular traffic. parks(if visible there from),riparian corridors,and wildlife 3. The proposed development has legal access to habitats unless such location will create other,more negative public streets and public services are available to serve the environmental impacts. (See General Plan Policies 2-55, development. 5-14 and 528.) 4. The proposed development requires an exception 11. The proposed development includes a landscape which involves the least modification of,or deviation from, plan which retains as many specimen trees as possible, the development regulations prescribed in this chapter which utilizes drought-tolerant native plants and ground necessary to accomplish a reasonable use of the parcel. covers consistent with nearby vegetation, and which 5. All alternative locations for development on the minimizes lawn areas. (See General Plan Policies 2-54,5-15 parcel have been considered and have been found to create and 5-16.) greater environmental impacts than the location of the 12. The proposed development confines solid fencing proposed development. to the areas near a structure rather than around the entire 6. The proposed development does not consist of site. (See General Plan Policy 5-17.) structures on or near known geological or environmental 13. The proposed development is otherwise consistent hazards which have been determined by expert testimony to with the City's General Plan and with the purposes of this be unsafe or hazardous to structures or persons residing chapter as described in Section 19.40.010. therein. (See General Plan Policies 2-49.) (Ord. 2085, § 2 (part), 2011) 7. The proposed development includes grading and drainage plans which will ensure that erosion and scarring of the hillsides caused by necessary construction of roads, housing sites, and improvements will be minimized. (See General Plan Policies 2-53, 2-54 and 2-57.) 2012 S-31 19.44.010 CHAPTER 19.44: RESIDENTIAL SINGLE-FANIILY CLUSTER (R1C) ZONES Section 19.44.010 Purpose. 19.44.030 Characteristics of R1C Zones. 19.44.020 Applicability of regulations. A. A residential single-family cluster zone is a land 19.44.030 Characteristics of R1C zones. use designation for a single-family residential use upon a 19.44.040 Permitted, conditional and excluded parcel of real property, a portion of which consists of: uses. 1. An undivided interest in a common area used for 19.44.050 Site development regulations. open space, recreational, parking, vehicular and pedestrian 19.44.060 Specific development standards. circulation by residences of the parcel; 19.44.070 Changes after granting of a cluster 2. Separate property interests owned by each family zone. residing on the parcel. 19.44.080 Exceptions-Findings. B. The separate property interests may include: 1. Individual subparcels which comprise building areas only or building areas plus private yards or atria; or 19.44.010 Purpose. 2. Separate property interests in space in a The purpose of a cluster zone is to promote residential building on the parcel; or neighborhood identity and enhance the quality of life for 3. Both types of separate property interests City residents by encouraging developers to use a more enumerated above. (Ord. 2085, § 2 (part), 2011; Ord. creative approach.in land development, to provide a means 1601, Exh. A (part), 1992) for reducing the amount of street improvements and public utilities required in residential development, to conserve 19.44.040 Permitted, Conditional and Excluded natural features, and to facilitate the provision of more Uses. desirable aesthetic and efficient use of open space. (Ord. Permitted,Conditional and Excluded Uses that may be 2085, §2(part), 2011; Ord. 1601, Exh. A (part), 1992) conducted from property zoned single-family cluster(R1C), are identified in Section 19.20.020. (Ord. 2085, §2(part), 19.44.020 Applicability of Regulations. 2011) A. The requirements of this chapter, unless waived or modified in accord with Section 19.44.090, must be met 19.44.050 Site Development Regulations. with respect to all real properties intended to be developed Table 19.44.050 sets forth the rules and regulations as, or converted to, a single-family residential cluster pertaining to the development of property zoned development as described in this chapter, including the single-family residential cluster (R1C). conversion of existing apartment houses to condominiums. B. No building, structure or land shall be used, and [Table 19.44.050 begins on next page.] no building or structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the following provisions. C. Reasonable Accommodation:Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52. (Ord. 2085, §2(part),2011;Ord. 2056,(part),2010;Ord. 1601, Exh. A (part), 1992) 2012 S-31 91 19.44.050 Cupertino-Zoning 92 Table 19.44.050: Site Development Regulations A. Initiation of Zoning 1. By property owner In accord with the requirements of Chapter 19.12 and Chapter 19.152 and application must include a development plan as described in Section 19.44.050(H). 2. City Council or Planning May be initiated when it is determined that this type of zoning designation will Commission allow development that will preserve or enhance 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. A development plan is not required. B. Density 1. Total Density The total number of dwelling units per gross acre shall be defined by the density provisions of the current land use and housing elements of the General Plan. 2. Density Range and Where a density range is designated, the allowable number of dwelling units allowable density shall be determined based upon the following criteria: 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 performance standards contained within this chapter shall provide 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. C. Allowable Units in Areas Delineated as Hillside in General Plan 1. Maximum Number of Maximum number of dwelling units permitted in a cluster development shall Dwelling Units 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. 2012 S-31 93 Residential Single-Family Cluster(R1C) Zones 19.44.050 Table 19.44.050: Site Development Regulations(Cont.) D. Land Area for Density Calculation 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 been, 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 recreations uses, e.g., areas directly underneath transmission towers or areas containing easement rights which prohibit use of the land. E. Private Outdoor Space 1. Required Shall be provided for each unit. 2. Amount of Space Shall be determined in each case by the size of the unit, type of tenure and amount of open space. F. Visual Intrusion 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. G. Noise Impacts a. If the Director of Community Development determines that an excessive external noise source shall exist in the project area, the developer shall retain an acoustical engineer to evaluate the noise impact on the proposed residential development and develop mitigation measures. b. The construction system shall comply with applicable City ordinances relative to sound-transmission control to ensure acoustical privacy between adjoining dwelling units. H. Development Plan Contents 1. Content Information required pursuant to Title 18, Subdivision. 2. Common Area 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 development; 3. Grading Plan 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 four inches in diameter and the impact of the grading plan on such trees; 4. Public Areas Parcels of land intended to be dedicated or reserved for public parks, playgrounds, school sites, or otherwise dedicated or reserved to the public in general; 5. Street System A map showing the proposed system of public and private streets, including cross-sections for all types of streets; 6. Adjacent Properties and Description of immediately adjoining land use types, including location of Uses structure; 2012 S-31 19.44.050 Cupertino-Zoning 94 Table 19.44.050: Site Development Regulations(Cont.) H. Development Plan Contents (Cont.) 7. Architecture a. The architectural theme of the development and the location of buildings, building configurations, building heights, building square footages, fence lines, private patio and balcony areas, and lot lines. b. A coding system shall be used to delineate unit types relative to number of stories and number of bedrooms. c. A land use distribution table shall be prepared setting forth the net property size and the land area devoted to various land use activities. (Ord. 2085, § 2(part), 2011) 19.44.060 Specific Development Standards. Table 19.44.060 sets forth the rules and regulations pertaining to the development of buildings on property zoned single-family residential cluster (R1C). Table 19.44.060: Specific Development Standards A. Minimum Development Area for Residential No minimum. Cluster Zoning District B. Minimum Setbacks 1. Corner lot 25 feet. However, the 40 foot corner triangle shall remain free and clear of all buildings or portions thereof. 2. Units adjacent to development boundary Same setbacks as required in the adjacent zones. 3. Second Story Decks and Patios i. Front Yard May encroach three(3) feet into a required front yard setback ii. Side Yard 15 feet iii. Rear Yard 20 feet C. Height 1. Buildings 30 feet 2. Increases in Height Shall be permitted if the Planning Commission or City Council determines that such 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. D. Site Design 1. Front Entryway Shall be private by either orientating 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. 2012 S-31 95 Residential Single-Family Cluster (R1C) Zones 19.44.060 Table 19.44.060: Specific Development Standards (Cont.) D. Site Design(Cont.) 2. Pedestrian Walks All dwelling units (and buildings containing condominium units) shall be interconnected by pedestrian walks fully separated from moving vehicles. 3. Access to Common Open Spaces Each unit shall have direct access to common open spaces. 4. Family-oriented planned residential Play fields shall be incorporated into common open space to communities accommodate group play activities. 5. Sitting Areas/Tot lots Small sitting areas or tot lots shall be provided throughout each project to provide informal meeting space. E. Streets 1. Standards Pavement, curbs, gutters, storm drains, and water mains of the private street shall be constructed to the standards of City streets, subject to the approval of the City Engineer. 2. Modifications to Standards May be permitted by the City Engineer when recommended by a licensed engineer. 3. Minimum Width 24 feet curb to curb, with curb and gutter on both sides of the street. 4. Sidewalks Shall be a minimum of 4 feet 6 inches in width 5. Easements a. Public Service Easement Roadways of the private street, plus a five-foot-wide strip on either side of the street shall constitute a public service easement. b. Other Easements Other public service or utilities easements may be incorporated into the development plan. 6. Lighting Intensity Private streets and major walkways shall be lighted to an intensity approved by the City Engineer. 7. Type and Location of Electroliers Shall be approved by the Planning Commission. 8. Street Names and Address Numbers Shall be approved by the Building Department in coordination with the Postmaster, the Fire Department and County Communications Office. 9. 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. This system shall be designed to interface with the existing and planned City-wide bicycle systems. 2012 S-31 19.44.060 Cupertino-Zoning 96 Table 19.44.060: Specific Development Standards(Cont.) E. Streets (Cont.) 10. Conformance with Vehicle Code The owner of the development will be required to participate in the initiation of a City ordinance update to Chapter 11.26, to make the private streets subject to the Vehicle Code, under the provisions of Section 21107.7 of the Code, the provisions of such ordinance to be subject to the approval of the enforcing agency. 11. Fire Truck Turnaround Adequate turnaround space shall be provided at the termini of the private streets subject to the approval of the Fire District. F. Improvements and Covenants for Common Area 1. Completion/Bonding 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 Title 18, Subdivision. 2. Deeded to Homeowners Association The common areas shall be deeded to an association of the homeowners for whose benefit the common area is set aside. 3. Development Rights Shall be dedicated to the City prior to recordation of a final subdivision map to assure that the common area is available for the entire development. 4. Maintenance a. Shall be the responsibility of the homeowners association to which the common areas are deeded. b. In the event the private road, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property. 5. Declaration of Covenants, Conditions and Shall be reviewed by the City Attorney, prior to recordation, to Restrictions determine its compatibility with the intent and conditions as set forth herein. 6. Articles of Incorporation and Other Shall be subject to the review and approval of the City Instruments Related to Homeowners Attorney. Association (Ord. 2085, §2 (part), 2011) 19.44.070 Changes after Granting of a Cluster Zone. Table 19.44.070 sets forth the regulations pertaining to changes proposed to existing developments in single-family residential cluster(R1C) zones. [Table 19.44.070 begins on next page.] 2012 S-31 97 Residential Single-Family Cluster(R1C) Zones 19.44.070 Table 19.44.070: Changes after Granting of a Cluster Zone A. Minor Change(does not May be approved with a building permit if the City Planner makes the following include increase in number fording that: of dwelling units) 1. The changes are minor and do not affect the general appearance of the area or the interests of the owners of property within or adjoining the development area. B. Major Change Major change includes a change to the development regulations and requirements, conditions of the approved development, declaration of conditions, covenants and restrictions, and an increase in the number of dwelling units. All of the above shall be processed, in accord with the requirements of Chapter 19.12, as a development permit and/or an architectural and site approval, except an increase in the number of dwelling units which shall be processed as a zone change. (Ord. 2085, § 2(part), 2011) 19.44.080 Exceptions-Findings. The requirements of this chapter can be waived or modified, with an Exception application, if the Planning Commission and City Council make any one of the following findings: 1. Although one or more specific standards cannot be complied with because of property size constraints, existing building morphology, topographical problems, or other conditions beyond the control of the property owner/developer,' the proposed project substantially complies with the general standards contained within this chapter; 2. That the proposal provides for low-moderate income and senior citizen housing in a manner consistent with the housing element of the General Plan. (Ord. 2085, §2(part), 2011) 2012 S-31 19.48.010 CHAPTER 19.48: FENCES Section 19.48.010 Purpose. 2. Fences and walls shall be designed in a manner to 19.48.020 Fence location and height for zones provide for sight visibility at private and public street requiring design review. intersections. (Ord. 2085, § 2 (part), 2011; Ord. 1979, 19.48.030 Fence location and height for zones (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1788, § 1 not requiring design review. (part), 1998) 19.48.040 Roadway and driveway gates. 19.48.050 Proximity of plants and fences to 19.48.030 Fence Location and Height for Zones public streets. Not Requiring Design Review. 19.48.060 Exceptions-Findings. Table 19.48.030 sets forth the rules and regulations 19.48.070 Temporary fences for construction. pertaining to fences in zones where design review is not 19.48.080 Violation-Penalty. required. 19.48.090 Prohibited fences. *For statutory provisions making fences taller than ten feet a nuisance,see Civil Code§841.4. Prior ordinance history: [Table 19.48.030 begins on next page.] Ords. 112, 686, 852, 1179, 1630, 1637 and 1777. 19.48.010 Purpose. The purpose of this chapter is to regulate the location and height of fences and vegetation in yards of all zoning districts in order to protect the safety,privacy,and property values of residents and owners of properties within any zoning district of the City, including but not limited to residential, commercial, offices, institutional, industrial and/or agricultural properties. (Ord.2085, §2(part),2011; Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 19.48.020 Fence Location and Height for Zones Requiring Design Review. A. The Approval Body for a proposed project shall have the authority to require, approve, or disapprove wall and fencing plans including location,height and materials in all zones requiring design review. B. The basic design review guidelines for the review of fences and walls are as follows: 1. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to: a. Acoustically isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or institutional zones. The degree of acoustical isolation shall be determined during the design review process. b. Ensure visual privacy for adjoining residential dwelling units. 2012 S-31 99 19.48.030 Cupertino-Zoning 100 Rear yard Side yard setback area Outside Front In a 40 foot setback yard setback required corner area area setback area triangle A. Interior 6 foot 6 foot 6 foot 3 foot - residential lot B. Corner Residential lot 1. Rear Property Line adjoins a Rear Property Line a. Interior 6 foot 6 foot 6 foot 3 foot 3 foot side b. Street side • 6 foot and • Setback from property line: 5 feet 2. Rear Property Line adjoins Side Property Line of a Key Lot a. Interior 6 foot 6 foot 6 foot 3 foot 3 foot side b. Street side • 6 foot and • Setbacks: o From property line: 5 feet o Within 10 feet of adjacent side property line: 12 feet C. In areas where a six(6) foot fence is allowed, an eight(8) foot high fence can be constructed, subject to building permit approval and upon receipt of written approval from adjacent property owners. D. If the Director of Community Development determines that a proposed fence is widely visible to public view and has the potential to create impacts on the visual character of an area(for example blocks public views from the valley floor to the hills or an open space reserve), then the proposed fence shall comply with the requirements in Sections 19.48.030E(1)(b) & 19.48.030E(2)regardless of lot size. E. Additional regulations for Residential Hillside or Open Space Zoning Districts: 1. Solid Board Fencing a. Net lot Shall not be limited but shall be subject to the regulations in 19.48.030(A)and(B). area < 30,000 square feet b. Net lot 5,000 square feet(excluding the principal building)of net lot area may be enclosed with area z solid board fencing subject to 19.48.030(A) and(B). 30,000 square feet 2012 S-31 101 Fences 19.48.030 Rear yard Side yard setback area Outside Front In a 40 foot setback yard setback required corner area area setback area triangle E. Additional regulations for Residential Hillside or Open Space Zoning Districts: (Cont.) 2. Open Fencing Shall be unrestricted but shall be subject to the regulations in 19.48.030(A) and(B). (composed of materials which result in a minimum of 75% visual transparency) (Ord. 2085, §2(part), 2011) 19.48.040 Roadway and Driveway Gates. Roadway and Driveway gates are allowed if they comply with the Fire Department Standard Details and Specifications for Security Gates for access roadways and driveways and the criteria in Table 19.48.040 or the gates were in existence prior to September 20, 1999. Table 19.48.040: Roadway and Driveway Gates A. R1, R2 and R3 Zoning District A driveway gate may be installed after a Fence Exception is obtained and shall meet the following: 1. Driveway gate shall be setback a minimum of 30 feet from the front and/or street side property lines; 2. Applicant must provide evidence that the gates are needed for demonstrated security and/or demonstrated safety reasons; and 3. The Fire Department approves the locking mechanism and location of the gate. B. RHS Zoning District Gates may be used to control access to private roads and driveways provided that the design of the gate, including location, dimension and the locking mechanism, are approved by the Director of Community Development after consultation with the Fire Department. C. Other Properties Roadway and driveway gates may be approved through a fence exception if the development meets any one of the following conditions: 1. Is a mixed-use development, where the parking for different uses needs to be separated to assure availability of parking for each use 2. If a development include below-grade parking structure, where the gates are required to secure the below-grade parking; 3. If the gates are required for a development to obtain federal or State funding; 4. If the development is secluded; 5. If the gates are needed for demonstrated security and/or demonstrated safety reasons. 2012 S-31 19.48.040 Cupertino-Zoning 102 Table 19.48.040: Roadway and Driveway Gates (Cont.) D. Property located in other residentially zoned In addition to the requirements of Section 19.48.040C, areas the application shall also be subject to the requirements of 19.48.040A. (Ord. 2085, §2(part), 2011) 19.48.050 Proximity of Plants and Fences to temporary fences around all or a portion of the construction Public Streets. site in order to secure the site from entry by the general The proximity of plants and fences to public streets public. shall be controlled by the provisions of Chapter 14.08 of the (Ord. 2085, §2(part),2011; Ord. 1979, (part),2006; Ord. Municipal Code. 1777, (part), 1998) (Ord. 2085, §2(part), 2011; Ord. 1979, (part), 2006;Ord. 1788, § 1 (part), 1998) 19.48.080 Violation-Penalty. Any person who violates the provisions of this chapter 19.48.060 Exceptions-Findings. shall be guilty of an infraction and upon conviction thereof Where practical difficulties,unnecessary hardships,or shall be punished as provided in Chapter 1.12. results inconsistent with the purpose and intent of this (Ord. 2085, §2(part),2011; Ord. 1979, (part),2006;Ord. chapter result from the strict application of the provisions 1788, § 1 (part), 1998) hereof, exceptions may be granted as provided in Chapter 19.12, and this section for all zoning districts except the 19.48.090 Prohibited Fences. RHS Zoning District, in which case a Hillside Exception Barbed wire,razor wire,and/or electrified fencing are must be obtained in accord with the requirements of Section prohibited unless required by law or regulation of the City, 19.40.040 and Section 19.40.070. State or Federal Government. The Approval. Body may grant the exception based (Ord. 2085, § 2(part), 2011; Ord. 1979, (part), 2006) upon the following fmdings: 1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare. 3. The exception to be granted is one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. 5. The proposed development is otherwise consistent with the City's General Plan and with the purpose of this chapter as described in Section 19.48.010. 6. The proposed development meets the requirements of the Santa Clara Fire Department and Sheriff's Department, and if security gates are proposed, that attempts are made to standardize access. 7. The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy. (Ord. 2085, § 2 (part), 2011) 19.48.070 Temporary Fences for Construction. The Chief Building Official may require persons constructing structures in the City to erect and maintain 2012 S-31 19.52.010 CHAPTER 19.52: REASONABLE ACCOMMODATION Section 19.52.010 Purpose. b. The development or land use regulations from 19.52.020 Applicability of regulations. which reasonable accommodation is being requested; and 19.52.030 Application requirements. c. Why the reasonable accommodation is necessary 19.52.040 Approval authority, procedure and to make the specific property accessible to the individual. decision. (Ord. 2085, §2(part), 2011; Ord. 2056, (part), 2010) 19.52.050 Findings. 19.52.060 Appeals. 19.52.040 Approval Authority,Procedure and Decision. Application shall be made and processed in accord with 19.52.010 Purpose. the requirements of Chapter 19.12. This chapter provides a procedure to request (Ord. 2085, §2(part), 2011) reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair 19.52.050 Findings. Housing Act,the Federal Fair Housing Amendments Act of A. The Approval Body may grant a request for 1988,and the California Fair Employment and Housing Act reasonable accommodation only if all of the following (the Acts) in the application of development or land use findings are made: regulations. 1. The proposed improvements are necessary to (Ord. 2085, §2(part), 2011; Ord. 2056, (part), 2010) provide housing access for persons disabled under the Acts; 2. The reasonable accommodation granted is one that 19.52.020 Applicability of Regulations. will accomplish the purpose with the least modification to A request for reasonable accommodation may: the development or land use regulations from which A. Be made only for existing residential dwellings or reasonable accommodation is being requested; second dwelling units. 3. The granting of the reasonable accommodation B. Be made by any person who is defined as disabled will not be detrimental or injurious to property or under the Acts,when the application of development or land improvements in the vicinity, and will not be detrimental to use regulations act as a barrier to fair housing opportunities. the public health, safety, and general welfare, or C. Include a variance to the development or land use convenience, and to secure the purpose of the title; and regulations that would eliminate regulatory barriers and 4. The requested reasonable accommodation would provide a person with a disability equal opportunity to not impose an undue financial or administrative burden on housing of their choice. the City. (Ord. 2085, §2(part), 2011; Ord. 2056, (part), 2010) B. Conditions of Approval. In granting a request for reasonable accommodation,the Approval Body may impose 19.52.030 Application Requirements. any conditions of approval deemed reasonable and necessary A. Application shall be made to the Director of to ensure that the reasonable accommodation complies with Community Development, shall include information the findings in Section 19.52.050(A). required per Section 19.12.080 and shall additionally (Ord. 2085, § 2(part), 2011; Ord. 2056, (part), 2010) contain the following: 1. Plans or descriptions of existing and proposed 19.52.060 Appeals. construction on the property involved together with a A decision by the Approval Body regarding the request statement of the circumstances which justifies the request for reasonable accommodation may be appealed pursuant to for reasonable accommodation; Chapter 19.12. 2. Additional information,including,but not limited (Ord. 2085, §2(part), 2011; Ord. 2056, (part), 2010) to: a. Why the individual is considered disabled under the Acts; 2012 S-31 103 19.56.010 CHAPTER 19.56: DENSITY BONUS Section 19.56.010 Purpose. D. Nothing in this chapter limits the City's right to 19.56.020 Applicability of regulations. deny an affordable housing project if the City Council finds, 19.56.030 Concessions. based on substantial evidence, any one of the following: 19.56.040 General requirements. 1. The City has adopted an adequate housing 19.56.050 Requirements for projects with element, and the project is not needed for the City to meet affordable units. its share of the regional housing need of lower income 19.56.060 Application requirements. housing. 2. The project as proposed would have a specific, adverse impact upon the public health or safety which cannot 19.56.010 Purpose. be satisfactorily mitigated without rendering it unaffordable The density bonus ordinance codified in this chapter is to lower-income households. intended to comply with the State Density Bonus Law, 3. The denial of the project or imposition of Government Code Section 65915, which provides that a conditions is required in order to comply with State or local government shall grant a density bonus and an Federal law and there is no feasible method to comply additional concession,or fmancially equivalent incentive(s), without rendering the development unaffordable to to a developer of a housing development agreeing to lower-income households. construct a specified percentage of housing for lower income 4. Approval of the development project would households, very low income households or senior citizens. increase the concentration of lower-income households in a (Ord. 2085, § 2 (part), 2011; Ord. 1569, § 1 (part), 1991) neighborhood that already has a disproportionately high number of lower-income households. 19.56.020 Applicability of Regulations. 5. The development project is proposed on land A. All housing developments greater than five units zoned for agriculture or resource preservation which is (excluding density bonus units) are eligible for one density surrounded on at least two sides by land being used for bonus of at least twenty-five percent, and an additional agricultural or resource preservation purposes, and which concession, to developers agreeing to construct at least: does not have adequate water or wastewater facilities to 1. Twenty percent of the units for lower income serve the project. households; or 6. The development project is inconsistent with the 2. Ten percent of the units for very low income City's General Plan land use designation as it existed on the households; or date the application was deemed complete, and the City has 3. Fifty percent of the units for senior citizens, adopted a housing element pursuant to State law. unless prohibited by State and/or Federal law. E. Nothing in this chapter limits the City's right to B. If a development agrees to construct both twenty deny a senior citizen housing project if the City finds,based percent of the total units for lower-income households and on substantial evidence, that the project would have a ten percent of the total units for very low-income specific, adverse impact upon the public health or safety; households, the developer remains entitled to only one and there is no feasible method to satisfactorily mitigate or density bonus and an additional concession. However, in avoid the adverse impact identified. (Ord. 2085, §2(part), such circumstance, the City, at its discretion, may grant 2011; Ord. 1569, § 1 (part), 1991) more than one density bonus. C. Projects with affordable units which meet the 19.56.030 Concessions. requirements set forth in this chapter are entitled to a density The State-mandated concession will be selected from bonus and additional concession, unless: the following list: 1. The City Council adopts a written finding that the A. A reduction in site development standards or a additional concession is not required to make the units modification of the requirements of the Zoning Ordinance. affordable. For applications involving the modification of zoning or 2012 S-31 105 19.56.030 Cupertino-Zoning 106 development standards, the housing developer shall show 2. Affordable units shall be identical with the design that the waiver or modification is necessary to make the of any market rate rental units in the project with the housing units economically feasible. Permissible incentives following exception: include, but are not limited to: a. Reduction of interior amenities for affordable 1. Reduction of parking requirements, units will be permitted upon prior approval by the City 2. Reduction of open space requirements, Council as necessary to retain project affordability. 3. Reduction of setback requirements, F. For purposes of calculating a density bonus, the 4. Approval of mixed-use zoning in conjunction with residential units do not have to be based upon individual the housing project if commercial,office,industrial or other subdivision maps or parcels. The density bonus shall be land uses will reduce the cost of the housing development, permitted in geographic areas of the housing development and if the commercial, office, industrial or other land uses other than the areas where the affordable units are located. are compatible with the housing project and the existing G. The developer shall submit a project financial planned development in the area where the proposed housing report(pro forma)to allow the City to evaluate the financial project will be located; need for the State-mandated additional incentives. The City B. Other regulatory concessions proposed by the may retain a consultant to review the fmancial report. The developer or the City, which result in identifiable cost cost of the consultant shall be borne by the developer with reductions. Permissible concessions include, but are not the following exception: limited to: 1. If the applicant is a nonprofit organization, the 1. Reduction of park dedication fees, cost of the consultant may be paid by the City upon prior 2. Reduction of application or construction permit approval of the City Council. (Ord. 2085, §2(part), 2011; fees, Ord. 1569, § 1 (part), 1991) 3. Provision of tax-exempt financing or other financial assistance as approved by the City Council; 19.56.050 Requirements for Projects with C. A housing development which provides affordable Affordable Units. units must show that the requested concessions directly A. All affordable units shall be occupied by the affect the economic feasibility of including the affordable household type specified in the written agreement required units in the project. (Ord. 2085, § 2 (part), 2011; Ord. under Section 19.52.020C. The developer's obligation to 1569, § 1 (part), 1991) maintain these units as affordable housing shall be evidenced by the master regulatory agreement which shall be recorded 19.56.040 General Requirements. as deed restriction running with the land. A. Affordable units must remain affordable for thirty B. Those units targeted for lower-income households years if both a density bonus and an additional concession shall be affordable at a rent that does not exceed thirty are granted.These units shall remain affordable for a longer percent of the HUD income limits for lower-income period of time if required by the construction or mortgage households for Santa Clara County adjusted for household fmancing assistance program,mortgage insurance program, size. or rental subsidy program. If only a density bonus is C. Those units targeted for very low-income granted,the affordable units shall remain affordable for ten households shall be affordable at a rent that does not exceed years. twenty-five percent of the HUD income limits for very B. First priority for the affordable units will be given low-income households for Santa Clara County adjusted for to individuals who reside, work, go to school, or have household size. family in the City of Cupertino. D. Prior to the rental of any affordable unit,the City C. A master regulatory agreement shall be made or its designee, shall verify the eligibility of the prospective between the developer and the City which indicates the tenant. The owner shall obtain and maintain on file household type, number, location, size and construction certifications by each household. Certification shall be scheduling of all affordable units, and such information as obtained immediately prior to initial occupancy by each shall be required by the City for the purpose of determining household and annually thereafter, in the form provided by the developer's compliance with this chapter. the City or its designee. The owner shall obtain updated D. Affordable units in a project and phases of a forms for each household on request by the City, but in no project shall be constructed concurrently with or prior to the event less frequently than once a year. The owner shall construction of market-rate units. maintain complete, accurate and current records pertaining E. Affordable units shall be provided as follows: to the housing development, and will permit any duly 1. Affordable units shall be dispersed throughout the authorized representative of the City to inspect the records project; pertaining to the affordable units and occupants of these units. 2012 S-31 107 Density Bonus 19.56.050 E. The City may establish fees associated with the setting up and monitoring of affordable units. F. The owner shall submit an annual report to the City, on a form provided by the City. The report shall include for each affordable unit the rent,income,and family size of the household occupying the unit. G. The owner shall provide to the City any additional information required by the City to insure the long-term affordability of the affordable units by eligible households. (Ord. 2085, §2(part),2011; Ord. 1886, (part),2001; Ord. 1731, (part), 1996; Ord. 1569, § 1 (part), 1991) 19.56.060 Application Requirements. A. A developer may submit to the Planning Department a preliminary proposal for the development of housing pursuant to this chapter prior to the submittal of any formal application. The City shall, within ninety days of receipt of a written proposal, notify the housing developer in writing of its local density procedures. The City shall establish procedures for waiving or modifying development and zoning standards which would otherwise inhibit the utilization of the density bonus on a particular site. These procedures shall include,but not be limited to,such items as minimum lot size, side-yard setbacks, and placement of public works improvements. The housing developer shall show that the requested waiver or modification is necessary to make the affordable units economically feasible. B. Formal application shall follow the review process as set forth for permits in Chapter 19.12,established by the City, and shall provide additional information as specified in this chapter, specifically: 1. Provide a written statement specifying the desired density increase, incentive requested and the type, location, size and construction scheduling of all dwelling units; 2. Submit a project fmancial report(pro forma), as required; 3. Any other information requested by the Director of Community Development. (Ord. 2085, §2(part),2011; Amended during 4/94 supplement; Ord. 1569, § 1 (part), 1991) 2012 S-31 19.60.010 • CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES* Section 19.60.010 Purpose. 19.60.020 Applicability of Regulations. 19.60.020 Applicability of regulations. No building, structure, or land shall be used, and no 19.60.030 Permitted, conditional and excluded building or structure shall be erected,structurally altered,or uses. enlarged in a CG zone, otherwise than in conformance with 19.60.040 Permits required for development. the provisions of this chapter and other applicable provisions 19.60.050 Land use activity. of this title. 19.60.060 Development standards. (Ord. 2085, § 2 (part), 2011; Ord. 1687, Exh. A (part), * Prior history: amended during 4/94 supplement and by 1995) Ords. 1601, 1618, 1630 and 1637. 19.60.030 Permitted, Conditional and Excluded Uses. 19.60.010 Purpose. Permitted,Conditional and Excluded Uses that may be The purpose of the general commercial zoning district conducted from property zoned general commercial (CG), is to establish regulations for retailing, offices and service are identified in Table 19.60.030, Permitted, Conditional establishment offering goods and services to the general and Excluded Uses in General Commercial Zoning Districts public which will assure maximum compatibility with below. surrounding residential areas as well as minimize adverse traffic impacts resulting from commercial development. (Ord. 2085, § 2 (part), 2011; Ord. 1687, Exh. A (part), 1995) Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts Zoning Districts CG Uses 1. Retail businesses, such as, but not limited to: P a. food stores (excluding convenience markets), b. drugstores, c. apparel shops, d. variety stores and e. hardware stores; 2. Full service restaurants (without separate bar facilitie3) where: P a. all public entrances face away from residential zoning districts and b. where the required customer parking is located within close proximity of the entrance 3. Specialty food stores which cumulatively occupy more than fifty percent of the building floor CUP- Admin. space in a single building or shopping center 4. Eating establishments CUP- PC a. Full-service restaurants with separate bar facilities b. Fast-food restaurants, and c. Any entertainment facilities (e.g., dancing, live music) in association with full-service or fast-food restaurant; 2012 S-31 '_09 19.60.030 Cupertino-Zoning 110 Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.) Zoning Districts CG Uses 5. Any commercial establishments with drive-through facilities CUP- PC 6. Late evening activities which occur between eleven p.m. through seven a.m. CUP- PC 7. Offices such as those below, provided that such uses do not comprise more than twenty-five P percent of the building space in a shopping center: a. Professional, b. General, c. Administrative, d. Business offices, e. Business services, such as: i. advertising bureaus, ii. credit reporting, iii. accounting and similar consulting agencies, iv. stenographic services, and v. communication equipment buildings, 8. Commercial Office uses such as those below which directly serve the public P a. Banks, b. Financial institutions, c. Insurance agencies d. Real estate agencies, e. Travel agencies, f. Photography, and g. Similar studios; 9. Laundry facilities, including those below, provided that the solvents used in the cleaning P process shall not be used or stored in any manner not approved by the State Fire Marshal and provided the establishment received approval from the Bay Area Air Quality Management District. a. Self service operations b. Full service operations; and c. Retail dry cleaning establishments. Dry cleaning is limited to items directly delivered to the establishment by retail customers. 10. Dry cleaning plants and similar establishments, provided that the solvent used in the cleaning process shall not be used or stored in any manner not approved by the State Fire Marshal; 11. Private clubs, lodges, or fraternal organizations a. Uses in(11) above as subordinate uses in buildings intended primarily for other permitted P uses provided for in this section b. Uses in(11) above as principal use buildings CUP- PC 12. Fraternity and sorority houses CUP- PC 2012 S-31 111 General Commercial (CG) Zones 19.60.030 Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.) Zoning Districts CG Uses 13. Limited repair services, such as: P a. Jewelry, b. Household appliance, c. Typewriter and d. Business machine repair shops 14. Personal service establishments such as: P a. Barbershops, b. Beauty parlors, c. Massage establishments, d. Shoe repair shops, and e. Tailor shops 15. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming P with provisions of Chapter 19.100 of this title. 16. A maximum of four video game machines, provided these machines are incidental to the main P activity of the business 17. Specialty food stores which cumulatively comprise less than fifty percent of the retail space of a P single building or shopping center; 18. Pet shop and pet services facilities (buildings) and bathing, clipping, trimming and similar services for pets a. Uses in(18) above which are located in a sound-proof structure and are in compliance P with Santa Clara County Health Department regulations b. Uses in(18) above which are not located in a sound-proof structure and are in compliance CUP- PC with Santa Clara County Health Department regulations 19. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar services for pets; kennels; taxidermists; 20. Child day care facilities located within an established business: P a. Serving that business only and b. Which do not generate additional traffic from that produced by the business itself 21. CUP- PC a. Child care centers, b. Day nurseries, and c. Playgrounds 22. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs P a. When the uses in(22) above cumulatively comprise < 50% of the space in a shopping center, provide adequate parking as determined by Chapter 19.124 and meet noise requirements as determined by Chapter 10.48 b. When the uses in(22) above cumulatively comprise CUP- Admin. z 50% of the space in a shopping center, provide adequate parking as determined by Chapter 19.124 and meet noise requirements as determined by Chapter 10.48 2012 S-31 19.60.030 Cupertino-Zoning 112 Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts(Cont.) Zoning Districts CG Uses 23. Retail/service kiosks that meet the following: CUP-Admin. a. Are located in an unenclosed space visible from public streets or other publicly owned space, b. Where adequate parking is provided as determined by Chapter 19.124, c. Which do not result in traffic or circulation impacts, d. Have attractive designs and landscaping, and e. Are compatible with the surrounding architecture 24. Other uses which, in the opinion of the Director of Community Development, are similar to the P permitted uses in the CG zoning district, 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. 25. Commercial parking and parking garages CUP- PC 26. Convenience markets CUP- PC 27. Hotels, motels, and boardinghouses CUP-PC 28. Liquor stores CUP- PC 29. Drinking establishments CUP- PC 30. Theaters CUP- PC 31. Mortuaries; CUP- PC 32. Automobile service stations, automobile washing facilities; CUP- PC 33. Gasoline and diesel fuel pumps, whether utilized as a principal use or as an accessory use 34. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in operable CUP- PC condition 35. Automobile and Tire repair shops CUP- PC 36. Other commercial uses which are neither permitted uses nor excluded uses and which are, in CUP- PC 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. 37. Businesses where the primary activity is related to the on-site manufacturing, assembly or Ex storage of building components intended for use by general contractors or wholesalers; 38. Storage garages, and other wholesale businesses, except computer hardware and software and Ex communications 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; 39. Other uses which, in the opinion of the Planning Commission, are objectionable by reason of Ex odor, dust, smoke, glare, fumes, radiation, vibration, noise, traffic or litter shall be excluded. 2012 S-31 113 General Commercial (CG) Zones 19.60.030 Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.) Zoning Districts CG Uses 40. Warehouses; Ex 41. Lumberyards, Ex 42. Nurseries and greenhouses; Ex 43. Commercial excavating of building or construction materials Ex Key: P- Permitted Use -- Not Allowed CUP-Admin. - Conditional Use Permit issued by the Director of Community Development CUP-PC - Conditional Use Permit issued by the Planning Commission CUP-CC - Conditional Use Permit issued by the City Council Ex- Excluded Uses (Ord. 2085, § 2(part), 2011) 19.60.040 Permits Required for Development. e. Incidental activities directly related to the A. Prior to the erection of a new building or permitted business. The incidental activity must comply structure or enlargement or modification of an existing with noise standards, all other applicable health and safety building, structure, or site (including landscaping and regulations and must use equipment which,when not in use, lighting) in a CG zoning district, permits must be obtained is stored in an approved enclosed space. in accordance with Table 19.12.030. 2. The activity must comply with the City noise (Ord. 2085, §2(part),2011; Ord. 2056, (part), 2010; Ord. standards, including pick-up and delivery times. Some 1844, § 1 (part),2000;Ord. 1784, (part), 1998;Ord. 1687, activities are permitted when located in a sound-proof space. Exh. A(part), 1995) A sound-proof space is an enclosed area which is designed to prevent internally generated noise from being audible 19.60.050 Land Use Activity. from a receptor located outside of the structure. An A. Land Use Criteria. Unless otherwise provided by acoustical engineer shall certify the design and operating a conditional use permit, the following regulations shall conditions of a sound-proof space. apply to all users governed by this chapter. 3. The activity must involve direct retailing of goods 1. The activity must be conducted entirely within a or services to the general public. The retailing and servicing building or enclosed patio or atrium except for: activity must comprise at least fifty percent of the floor a. Vehicular parking including the parking of space, including enclosed patio and atrium space, and must business related vehicles that comply with the sign,off-street represent the primary emphasis of the business. Window parking and noise regulations; displays shall reflect the retail emphasis. b. Outdoor seating for restaurants as long as the 4. Certain activities which require a hazardous number of seats do not exceed twenty percent of the number material plan are permitted subject to permitting or licensing of authorized indoor seats and is otherwise compatible with by an authorized public agency charged with the Chapter 19.124 of this code; responsibility to protect the public health and welfare c. Special promotional events undertaken by regarding the involved hazardous material. Examples: permitted businesses; swimming pool and spa supply, photo finishing, dental d. The display of merchandise in front of stores office. containing a minimum of twenty thousand square feet of 5. The activity complies with applicable off-street floor area. The merchandise must be displayed under a roof parking standards including shared parking arrangements overhang or canopy and must be displayed in an organized, specified in the off-street parking ordinance. neat and safe fashion; (Ord. 2085, § 2(part), 2011) 2012 S-31 19.60.060 Cupertino-Zoning 114 19.60.060 Development Standards. Table 19.60.060 sets forth the rules and regulations pertaining to the development of property located in the General Commercial(CG)zoning district. Table 19.60.060: Development Standards A. Lot Area and Coverage No minimum lot area or coverage. Must be in conformance with the General Plan or applicable Specific Plan. Must have sufficient area to satisfy off-street parking and loading requirements contained in this title. B. Height of Buildings and Structures 30 feet unless otherwise permitted by the General Plan or applicable Specific Plan. C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space 1. Front Yard Established based upon special policies contained in the General Plan and/or applicable specific plan to: • Insure sufficient space to provide adequate light, air and visibility at intersections; • Assure general conformity to yard requirements of adjacent or nearby zones, lots or parcels; and • Promote excellence of development. 2. Minimum Side and Rear Yard No side or rear yard setback required unless lot abuts any residential or agricultural-residential zone in which case the following regulations apply: a. Side Yard Setback i. Interior Side 12 feet, or a total setback equal to one foot of additional setback for each foot of height of a commercial building measured from its eave line or top of parapet, whichever is more restrictive. ii. Street Side of Corner Lot 12 feet b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half feet of additional setback for each foot of height of a commercial building measured from its eave line or top of parapet, whichever is more restrictive. D. Noise Standards - 1. New Construction and uses approved as a Conditional Use that have a high probability of generating noise that adjoin residential districts shall be: a. Exterior Walls Designed to attenuate all noise emanating from interior retail space. b. Loading Docks and Doors Located away from residential districts. Required Fire Doors are excluded. c. Mechanical and other equipment Air conditioning, exhaust fans, and other mechanical equipment shall be acoustically isolated to comply with the noise ordinance 2012 S-31 115 General Commercial (CG) Zones 19.60.060 Table 19.60.060: Development Standards (Cont.) D. Noise Standards-(Cont.) 1. New Construction and uses approved as a Conditional Use that have a high probability of generating noise that adjoin residential districts shall be: (Cont.) d. Sound Wall Install a minimum eight-foot-high masonry sound wall on or adjacent to the common property line e. Acoustical Engineer Certified by an acoustical engineer that the above sound attenuation measures comply with the intent of the regulation and the City's community noise ordinance 2. In addition to(1)above, retail structures in a mixed use residential development shall employ noise attenuation techniques recommended by an acoustical engineer to comply with the community noise ordinance. E. Lighting-New lighting fixtures for any new site construction or building improvements: 1. 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. Off-site Glare 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 source shall be visible above three feet at a public right-of-way. 3. Parking Lots, Sidewalks and other areas Shall be illuminated with a uniform and adequate accessible to pedestrians and automobiles intensity. Typical standards to achieve uniform and adequate intensity are: a. Average horizontal maintained Should be between one and three foot-candles illumination b. Maximum to Minimum Ratio Should be between 6:1 and 10:1 4. Critical Area Illumination Such as stairways, ramps and main walkways may have a higher illumination 5. Areas around Automatic Teller Machines Shall meet minimum standards required by the State of California Business and Professions Code. F. Landscaping Plan Shall be designed to provide 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 within five years. 2012 S-31 19.60.060 Cupertino-Zoning 116 Table 19.60.060: Development Standards (Cont.) G. Utilities 1. The following amenities and utilities shall be installed subject to the specifications of the subdivision ordinance: a. All utilities including water, gas, sanitary and storm sewers, underground power systems, and b. Amenities including, lighting electroliers, curbs, gutters, streets and sidewalks and c. Connections to main systems shall be installed subject to the specifications of the subdivision ordinance of the City. 2. All wires, pipes, cables, utilities and connections shall be placed in underground or subsurface conduits subject to the specifications of the subdivision ordinance of the City. 3. Underground vaults, or, well screened areas, if underground vaults are deemed to be infeasible by the City Engineer and the Director of Community Development, must be provided for the installation of the necessary utilities. H. Mechanical Equipment Air conditioning, exhaust fans, and other mechanical equipment shall be visually screened. (Ord. 2085, § 2(part), 2011) 2012 S-31 19.64.010 CHAPTER 19.64: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND INDUSTRIAL ZONING DISTRICTS Section 19.64.010 Applicability of regulations. 19.64.020 Permitted, Conditional and Excluded 19.64.020 Permitted, conditional and excluded Uses in Office and Industrial Zones. uses in office and industrial zones. Table 19.64.020 sets forth the Permitted, Conditional and Excluded Uses in Office and Industrial zones. 19.64.010 Applicability of Regulations. No building or structure or land shall be used in an OA, OP, MP, ML or ML-rc zoning district,otherwise than in conformance with the provisions of this chapter. (Ord. 2085, §2 (part), 2011) Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones Zoning Districts Uses • OA OP MP ML ML-rc 1. Administrative and Executive Offices P P P - P 2. Professional Offices P P P - P 3. Printing and Publishing - - - - P 4. Caterers - - - CUP- - PC 5. The following commercial uses are permitted as independent operations: a. Stenographic or duplicating services - - - P P b. Messenger or telegraph offices - - - P - c. Delivery services - - - P P d. Janitorial services; - - - P - 6. Office Supplies and Equipment Sales and - - - - P Services 7. Dry cleaning plants and similar establishments, - - - P P provided that the solvent used in the cleaning process shall be used or stored in a manner approved by the State Fire Marshal; 2012 S-31 117 19.64.020 Cupertino-Zoning 118 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 8. Accessory facilities and uses customarily P - - - - incidental to permitted uses and otherwise conforming with provisions of Chapter 19.100 of this title. 9. Gymnasium, Health Club - - - - P 10. Swim clubs, swim schools, and commercial - - - CUP- - swimming pools PC 11. Commercial parking and parking garages - - - P - 12. Commercial entertainment establishments - - - CUP- - operated wholly or partly in the open(e.g., PC drive-in theaters, golf driving ranges, and miniature golf courses), 13. Automobile service stations, automobile - - - CUP- - washing facilities; PC 14. Gasoline and diesel fuel pumps, whether - - - CUP- - utilited as a principal use or as an accessory PC use 15. Automobile, trailer, tire and boat sales, - - - P - rentals, service, repair and storage, including body and upholstery shops, but limited to new and used vehicles in operable condition and new, reconditioned and used parts, if stored inside a building 16. Manufacturing, processing, assembly, research - - - P - and development factories, laboratories, shops, and other uses which, in the opinion of the Director of Community Development are similar to uses permitted in the ML zoning district, and which do not create undue adverse impacts due to the effects of glare, noise, dust, or any other emission within the premises as provided in Section 19.72.050 of this Title. 17. Medical and Allied Laboratories - P P - - 18. Laboratories 19. Warehouses; - - - P - 20. Enclosed Warehousing - - - P P 21. Wholesaler Showrooms - - - - P 2012 S-31 119 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 22. Wholesale and storage activities within - - - P - completely enclosed buildings; 23. Wholesale and storage within completely - - - - P enclosed buildings, excluding petroleum products; 24. Cold Storage Facilities and Frozen Food - - - P P Lockers 25. Packing and crating establishments; - - - P - 26. Auction houses, used furniture sales, feed - - - P - sales; 27. Home, garden and farm equipment and - - - P - appliance sales and rentals; 28. Machinery sales and rentals, including heavy - - - P - construction equipment; 29. Repair and service shops for light machinery, - - - P - household appliances and apparel; 30. Light Machinery, Tools and Equipment Sales - - - P P and Services 31. Lumberyards, - - - P - 32. Building material sales, ice, coal and wood - - - P - sales, carpenter and cabinet shops; 33. Nurseries and greenhouses; - - - P - 34. Television, radio and motion picture studios - - - P P and stations; 35. Film Processing - - - - P 36. Commercial Photography - - - - P 37. Public utility facilities and service yards, and - - - P P associated buildings, communications and equipment buildings, corporation yards, contractors' and plumbers' shops, and storage yards; 38. Municipal and Governmental Facilities - - - - P 39. All uses permitted in a general commercial (CG)zone as provided in Chapter 19.60, provided that: 2012 S-31 19.64.020 Cupertino-Zoning 120 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc a. They are auxiliary or subsidiary to or an essential part of an established operation or - - - P P use permitted by this chapter including, but not limited to, personal services, retail establishments, and recreation facilities located on the same lot as the principal use, and b. Which exist solely for the convenience of persons employed in or customers of the principal use; 40. Residential dwellings for caretakers or - - - P - watchmen employed for the protection of the principal permitted use, provided they are located on the same lot as the principal permitted use. 41. For any ordinarily permitted industrial use - - - CUP- - where the number of parking spaces exceeds Admin. one per five hundred feet of net lot area, upon a determination that the use will not have an adverse impact upon the City's street and circulation system, and is consistent with the City's noise ordinance. 42. Retail sales of mixed concrete sold in batches - - - CUP- not exceeding one cubic yard PC 43. Stone cutting, monument manufacture - - - CUP- PC 44. Mortuaries - - - CUP- - PC 45. Heliports as accessory uses, - - - CUP- - PC 46. Manufacture of radioactive material, provided - - - CUP- - that emissions do not exceed permissible levels PC established by Federal or State standards 47. Other uses which, in the opinion of the - - - CUP- - Planning Commission, are consistent with the PC character of an ML zone, and do not exceed the levels of odor, noise, dust, smoke, glare, fumes, radiation or vibration described in Section 19.72.050 of this Title 2012 S-31 121 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 48. Existing churches approved by the City with a - - - - CUP- Conditional Use Permit, in existence prior to PC the adoption of Ordinance 11-2084 49. Technical Colleges-With classroom schedules - - - - CUP- which do not exceed traffic generation rates PC normally experienced by a Light Industrial/Administrative Office development between 7:00 a.m. - 9:00 a.m., 4:00 p.m. - 6:00 p.m. and 7:00 p.m. to 10:00 p.m. The on-site enrollment shall not exceed two students for each parking space during the day program from 7:00 a.m. to 6:00 p.m. and the evening program from 7:00 p.m. to 10:00 p.m. 50. Bag cleaning, - - - Ex Ex 51. Blast furnace, - - - Ex Ex 52. Boiler or Tank Works - - - Ex Ex 53. Boiler or Tank Works - - - Ex Ex 54. Candle Factory - - - Ex Ex 55. Cannery - - - Ex Ex 56. Central Mixing Plant for Cement - - - Ex Ex 57. Mortar - - - Ex Ex 58. Plaster or Paving Materials - - - Ex Ex 59. Coke Oven - - - Ex Ex 60. Curing - - - Ex Ex 61. Tanning or Storage of Raw Hides or Skins - - - Ex Ex 62. Distillation of Bones, Coal or Wood - - - Ex Ex 63. Distillation of Tar - - - Ex Ex 64. Drilling for Oil, Gas or Other Hydrocarbon - - - Ex Ex Substances 65. Dumping, Disposal, Incineration or Reduction - - - Ex Ex of Garbage, Sewage, Offal, Dead Animals or Refuse 66. Fat Rendering - - - Ex Ex 2012 S-31 19.64.020 Cupertino-Zoning 122 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses - OA OP MP ML ML-rc 67. Forge plant - - - Ex Ex 68. Foundry or Metal Fabrication Plant - - - Ex Ex 69. Hog Farms - - - Ex Ex 70. Junk Yards - - - Ex Ex 71. Baling of Rags or Junk - - - Ex Ex 72. Pumping, Refining or Wholesale Storage of - - - Ex Ex Crude Petroleum 73. Slaughtering of Animals - - - Ex Ex 74. Smelting of Copper, Iron, Tin, Zinc or other - - - Ex Ex Ores 75. Steam Power Plant - - - Ex Ex 76. Stockyard - - - Ex Ex 77. Stone Mill or Quarry - - - Ex Ex 78. Sugar Refining - - - Ex Ex 79. Wool Pulling or Scouring - - - Ex Ex 80. Manufacture of: a. Acetylene, - - - Ex Ex b. Acid - - - Ex Ex c. Alcohol - - - Ex Ex d. Alcoholic Beverages - - - Ex Ex e. Ammonia - - - Ex Ex f. Bleaching Powder - - - Ex Ex g. Chlorine - - - Ex Ex h. Chemicals - - - Ex Ex i. Soda or Soda Compounds - - - Ex Ex j. Brick Pottery - - - Ex Ex k. Terra Cotta or Tile(except handcraft - - - Ex Ex products only) 1. Candles - - - Ex Ex 2012 S-31 123 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 80. Manufacture of: (Cont.) m. Celluloid or pyroxlin(treatment of - - - Ex same) n. Cement - - - Ex Ex o. Gypsum - - - Ex Ex p. Lime or Plaster of Paris - - - Ex Ex q. Chewing Tobacco(or treatment of - - - Ex Ex same) r. Disinfectants - - - Ex Ex s. Dyestuffs - - - Ex Ex t. Emery Cloth or Sandpaper - - - Ex Ex u. Explosives - - - Ex Ex v. ' Fireworks or Gunpowder(or storage of - - - Ex Ex same) w. Fertilizer - - - Ex Ex x. Glass - - - Ex Ex y. Glue - - - Ex Ex z. Gelatin - - - Ex Ex aa. Grease - - - Ex Ex bb. Lard or Tallow (manufactured or - - - Ex Ex refined from or of animal fat) cc. Illumination of Heating Gas (or Storage - - - Ex Ex of Same) dd. Insecticides - - - Ex Ex ee. Lampblack - - - Ex Ex ff. Linoleum - - - Ex Ex gg. Oilcloth or oiled products - - - Ex Ex hh. Linseed Oil - - - Ex Ex ii. Paint - - - Ex Ex jj. Oil - - - Ex Ex 2012 S-31 19.64.020 Cupertino-Zoning 124 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.) Zoning Districts Uses OA OP MP ML ML-rc 80. Manufacture of: (Cont.) kk. Shellac - - - Ex Ex 11. 'Turpentine or Varnish(except mixing) - - - Ex Ex mm. Matches - - - Ex Ex nn. Paper or Pulp - - - Ex Ex oo. :Pickles - - - Ex Ex pp. Sauerkraut or Vinegar - - - Ex Ex qq. :Potash Products - - - Ex Ex rr. Rubber or Gutta Percha Products (or - - - Ex Ex treatment of same) ss. Shoe Polish - - - Ex Ex tt. Soap (other than liquid soap) - - - Ex Ex uu. Starch, Glucose or Dectrin - - - Ex Ex vv. Stove Polish - - - Ex Ex ww. Tar Roofing or Waterproofing or other - - - Ex Ex Tar Products xx. Yeast - - - Ex Ex 81. Schools (preschool, kindergarten through - - - Ex Ex grade 12(K-12)) 82. Specialized Schools - - - Ex Ex 83. General Acute Care Hospital(e.g., any - - - Ex Ex nursing facility, intermediate care facility, congregate living health facility) 84. Long-term health care facility - - - Ex Ex 85. Child Day Care Facility (including day care - - - Ex Ex centers, employer-sponsored child care centers, adult day care and family day care homes) 86. Uses or facilities defined in Health and Safety - - - Ex Ex Code Sections 1250 or 1418 or 1596.750 and Education Code Section 17323(c)which may be utilized by sensitive receptors as defined by Public Resources Code Section 42100(c) 2012 S-31 125 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020 Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones(Cont.) Key: P- Permitted Use -- Not Allowed CUP-Admin. - Conditional Use Permit issued by the Director of Community Development CUP-PC - Conditional Use Permit issued by the Planning Commission CUP-CC - Conditional Use Permit issued by the City Council Ex- Excluded Uses (Ord. 2085, § 2(part), 2011) 2012 S-31 19.68.010 CHAPTER 19.68: ADMINISTRATIVE AND PROFESSIONAL OFFICE(OA & OP) ZONES Section 19.68.010 Purpose. altered or enlarged in an administrative and professional 19.68.020 Applicability of regulations. office(OA)or planned office(OP)zone, otherwise than in 19.68.030 Permitted, conditional and excluded conformance with the provision of this chapter. uses. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 19.68.040 Permits required for development. 1992) 19.68.050 Site development regulations. 19.68.030 Permitted, Conditional and Excluded 19.68.010 Purpose. Uses. An administrative and professional office(OA)zone is Permitted,Conditional and Excluded Uses that may be created to accommodate a demonstrated need for conducted from property zoned Administrative and development of office space together with necessary Professional Office (OA & OP), are identified in Section landscaping and off-street parking facilities in locations 19.64.020. served by primary access,yet inappropriate for commercial (Ord. 2085, §2(part), 2011) development because of close proximity to purely residential uses. It is intended that the professional office uses 19.68.040 Permits Required for Development. established in this zone shall be designed and landscaped so Prior to the erection of a new building or structure or as to be in harmony with such adjacent residential uses. enlargement or modification of an existing building, The purpose of the Planned Office(OP)zoning district structure, or site (including landscaping and lighting) in an is to provide regulations for parcels or combinations of OA or OP zoning district,the applicant for a building permit parcels of land of twenty-five acres or more on which must obtain permits in accord with Chapter 19.12. development of professional administrative offices is deemed (Ord. 2085, § 2(part), 2011) appropriate. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 19.68.050 Site Development Regulations. 1992) Table 19.68.050 sets forth the rules and regulations pertaining to the development of property zoned 19.68.020 Applicability of Regulations. Administrative and Professional Office (OA) and Planned No building, structure or land shall be used, and no Office(OP). building or structure shall be hereafter erected, structurally Table 19.68.050: Site Development Regulations OA OP A. Minimum Lot Area, Lot Dimensions and Building Coverage 1. Minimum Size 1 acre 2. Minimum Lot Dimension 150 feet in any direction 3. Maximum Lot Coverage 40% 40% 2012 S-31 127 19.68.050 Cupertino-Zoning 128 Table 19.68.050: Site Development Regulations (Cont.) OA OP B. Height 1. Principal Building 30 feet(limited to two stories) 30 feet(limited to 3 stories)unless a different height is allowed by the General Plan 2. Accessory Structures 15 feet(limited to one story) 15 feet(limited to one story) C. Setbacks 1. Front Yard 20 feet 50 feet but not less than a distance equal to the height of the building measure from natural grade 2. Side Yard: a. Interior Side Same as those required in nearest 20 feet but not less than a distance adjacent residential zoning district. equal to the height of the building from the natural grade. b. Street Side of Corner Same as those required in nearest 50 feet but not less than a distance Lot adjacent residential zoning district. equal to the height of the building from the natural grade. 3. Rear Yard Same as those required in nearest 30 feet but not less than a distance adjacent residential zoning district. equal to the height of the building from the natural grade. 4. Buildings over 35 feet in - No structure in excess of 35 feet in height height shall be located closer to a residential zone than a distance equal to four times its height. 5. Setback from Residential - 100 feet. Zone 25 feet closed to any lot line shall be used for landscaping, planting or screening(except for access ways.) 6. Distance Between - 30 feet unless it is a complex with Buildings on same lot similar architecture on lots of 10 acres or more. D. Off-street Parking Shall be in accord with the Shall be in accord with the requirements of Chapter 19.124 and requirements of Chapter 19.124 and shall not be located in the required shall not be located in the required front yard setback area of a lot. front yard setback area or street side yard setback area of a corner lot 2012 S-31 129 Administrative and Professional Office (OA & OP) Zones 19.68.050 Table 19.68.050: Site Development Regulations (Cont.) OA OP E. Loading - 1. At least one permanently maintained loading space not less than ten ft. in width, thirty ft. in length, and fifteen ft. high for each 20,000 sq.ft. of gross building floor area or fraction thereof. 2. All loading space shall have ingress and egress from alleys or service drives. 3. Loading space may not be located within the required front yard or in any required side yard facing the street on a corner lot. F. Landscaping Plan Shall be in accord with the Shall be in accord with the requirements of the Landscaping requirements of the Landscaping Ordinance Ordinance G. Fences Shall be in accord with the Fence No fence, hedge or wall shall be Ordinance higher than two and one-half feet within a front yard. All planting, fencing and walls, including, but not restricted to fences and walls along rear and side property lines, shall be as approved in conjunction with a permit. H. Utilities and Amenities 1. The following amenities and 1. The following amenities and utilities shall be installed subject utilities shall be installed subject to the specifications of the to the specifications of the subdivision ordinance: subdivision ordinance: a. All utilities including a. All utilities including water, gas, sanitary and water, gas, sanitary and storm sewers, underground storm sewers, underground power systems, and power systems, and b. Amenities including, b. Amenities including, lighting electroliers, curbs, lighting electroliers, curbs, gutters, streets and gutters, streets and sidewalks and sidewalks and c. Connections to main c. Connections to main systems shall be installed systems shall be installed subject to the subject to the specifications of the specifications of the subdivision ordinance of subdivision ordinance of the City. the City. 2012 S-31 19.68.050 Cupertino-Zoning 130 Table 19.68.050: Site Development Regulations(Cont.) OA OP H. Utilities and Amenities (Cont.) 2. All wires, pipes, cables, utilities 2. All wires, pipes, cables, utilities and connections shall be placed and connections shall be placed in underground or subsurface in underground or subsurface conduits subject to the conduits subject to the specifications of the subdivision specifications of the subdivision ordinance of the City. ordinance of the City. 3. Underground vaults, or, well 3. Underground vaults, or, well screened areas, if underground screened areas, if underground vaults are deemed to be vaults are deemed to be infeasible by the City Engineer infeasible by the City Engineer and the Director of Community and the Director of Community Development, must be provided Development, must be provided for the installation of the for the installation of the necessary utilities. necessary utilities. I. Mechanical Equipment Air conditioning, exhaust fans, and Air conditioning, exhaust fans, and other mechanical equipment shall be other mechanical equipment shall be visually screened. visually screened. (Ord. 2085, §2(part), 2011) 2012 S-31 19.72.010 CHAPTER 19.72: LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK(MP) ZONES Section 19.72.010 Purpose. 19.72.030 Permitted, Conditional and Excluded 19.72.020 Applicability of regulations. Uses. 19.72.030 Permitted, conditional and excluded Permitted,Conditional and Excluded Uses that may be uses. conducted from property zoned Light Industrial (ML) or 19.72.040 Permits required for development. Planned Industrial(MP)are identified in Section 19.60.020. 19.72.050 Restrictions related to emissions. (Ord. 2085, § 2(part), 2011) 19.72.060 Site development regulations. 19.72.040 Permits Required for Development. Prior to the erection of a new building or structure or 19.72.010 Purpose. enlargement or modification of an existing building, The purpose of the light industrial(ML)zoning district structure, or site (including landscaping and lighting) in an is to provide for, and regulate,certain industrial uses which ML or MP zoning district, the applicant for a building are incompatible with commercial and residential uses but permit must obtain permits in accord with Chapter 19.12. perform important storage, manufacturing or servicing (Ord. 2085, §2(part), 2011) functions for such commercial and residential uses in the City. The property in this zone should be located near 19.72.050 Restrictions Related to Emissions. central business.areas, near arterial traffic routes, along No use shall be allowed which is or will be offensive railroad lines, or where specialized services for residential by reason of the emission of dust,gas,smoke,noise,fumes, areas should be concentrated. Activities and hazardous odors, bright lights, vibrations, nuclear radiation, radio materials that may be used in the light industrial zoning frequency interference, or otherwise. Every use shall be district are specifically incompatible with schools, daycare operated in such manner that the volume of sound inherently centers, convalescent care centers and other sensitive and recurrently generated shall not exceed sixty-five receptors and such sensitive receptors are prohibited from decibels during the day and fifty-five decibels at night, at this zoning district. any point on the property line on which the use is located,or The purpose of the Industrial Park(MP)zoning district sixty decibels during the day and fifty-five decibels at night, is to provide regulations for parcels or combinations of at any point on the property line on which the use is located parcels of land of twenty-five acres or more on which where such property line abuts property that is zoned for development of light industrial parks is deemed appropriate. residential purposes.Noise and sounds shall be appropriately (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), muffled in such manner so as not to be objectionable as to 1992) intermittent beat, frequency, or shrillness. Provided further that prior to issuance of a building 19.72.020 Applicability of Regulations. permit the Building Inspector may require evidence that No building, structure, or land shall be used, and no adequate controls,measures,or devices have been provided building or structure shall be erected,structurally altered,or to insure and protect the public interest, health, comfort, enlarged in an ML and MP zone, otherwise than in convenience, safety and general welfare from such conformance with the provisions of this chapter and other nuisances. applicable provisions of this title. Emissions of noise,vibrations,radiation,light,smoke, (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), fumes or gas, odor, dust and toxic waste shall be limited to 1992) quantities indicated in this section. The limitations shall 2012 S-31 131 19.72.050 Cupertino-Zoning 132 apply at any point outside the boundary of each lot in an ML forms of property, or that will result in the collection of zone, the boundary assumed, for the purpose of this title,to heavy gases at ground level. No emission shall be permitted extend in a vertical plane and below ground. In case of in excess of fifty percent of the standards specified in Table further subdivision or lot split,the limitations shall not apply I, Chapter 5 of Industrial Hygiene Standards, Maximum outside any resulting lot. Allowable Concentrations of the Air Pollution Abatement A. Vibration. Vibrations in the nonaudible range Manual, copyrighted in 1951 by Manufacturing Chemists shall not be of such intensity that they can be perceived Association, Inc., Washington, D.C. In no event shall any without instruments. emission, from any chimney or otherwise,exceed one-tenth B. Radiation. Electromagnetic radiation shall not of a grain (0.1 grain)per cubic foot of the conveying gas. result in perceptible disturbance of television or radio For measurement of the amount of particles in gases reception. resulting from combustion, standard corrections shall be C. Light. The intensity of light at the boundary of applied to a stack temperature of five hundred degrees each lot shall not exceed seventy-five footlamberts from a Fahrenheit and fifty percent excess air. source of direct light, or one hundred footlamberts from a H. Wastes. No discharge shall be permitted into any source of reflected light. The intensity of light at the public street or sewer, private sewage disposal system, boundary of an industrial zone, or an industrial area in a stream, body of water, or into the ground, of any materials planned development (P) zone, shall not exceed fifty of such nature or temperature as can contaminate any water footlamberts from a source of direct light, or seventy-five supply, interfere with bacterial processes in sewage footlamberts from a source of reflected light. treatment,corrode or otherwise damage sewers or pipelines, D. Smoke. No emission shall be permitted at any or otherwise cause the emission of dangerous or offensive point,from any chimney or otherwise,of visible grey smoke elements, except in accordance with standards approved by of a shade equal to or darker than No. 1 on the Ringelmann the California Environmental Protection Agency(Cal/EPA) Smoke Chart, as published by the U.S. Department of and any other governmental agency having jurisdiction over Interior, Bureau of Mines, Informational Circular 8333, the activities. May 1967;except that a visible grey smoke of a shade equal (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), to No. 2 on the Ringelmann Smoke Chart may be emitted 1992) for four minutes in any thirty minutes. E. Hazardous and Toxic Materials. The use, 19.72.060 Site Development Regulations. handling,storage,and transportation of toxic and hazardous Table 19.72.060 sets forth the rules and regulations materials shall comply with the provisions of the California pertaining to the development of structures on property Hazardous Materials Regulations(California Administrative zoned Light Industrial(ML and ML-rc)and Industrial Park Code, Title 22, Division 4). The use, storage, manufacture (MP). In ML-rc and ML-fa zones, if no standards are and disposal of hazardous materials shall be regulated and listed, the standard reverts to the ML zoning standards. monitored according to the standards established by the U.S. Environmental Protection Agency (EPA), the California [Table 19.72.060 begins on next page.] Environmental Protection Agency (Cal/EPA) and any delegated government agencies. F. Odor. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable without the aid of instruments at the boundaries of the lot or in such concentrations as to create a public nuisance or hazard beyond such boundaries. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is established as a guide in determining such quantities of offensive odors, Table III, Odors Thresholds, in Chapter 5 of Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. G. Fly Ash, Dust, Fumes, Gases and Other Forms of Air Pollution. 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M w 0 c4 8 r q d 'D o C� ia) b > U .0 h 5 w C oo . -9. > fu cu u •° Cl O >' n 3 a c b b p,` Cl< .6 A U � ; c o o .w ` ° b w ai ? 0 o y w m" c qqCI CI VI 'pop 78• -+ N M ,--1 O a a ei eT 4) a el U o U 0 "ti- c-) ct 4 .N-, .5 g ■ a) El _ a) 0 .0 Cr V) w b N (n1 V a) U U Q h 0 cat 3 3 OA b Ca Ca o a ua u•; 2012 S-31 137 Light Industrial(ML) and Industrial Park(MP) Zones 19.72.060 i to b o .5 as , 0 O d U v b O b co °l •S 6" .6i8A,.0oc .2 • , 0 ai 'b`)4- Q o � A 4 I:: . > 0 bo v; � � � c �Z ti 11 to w w 0 0 U 2 5.2 04 a. a PU '> w U Q ct aa � w .5 Uyo w) >, cd I) � b b En 00 .=� ELJ A N cEJ 3 a '- o.b o *4' .d m � au � col a a x ,. U w cn5 2. — N M ei O: U H 3 U ` y 3 U O O g O O o0 U a U ct la U b al 0 aN O"4 C cu Cr) N --1 .0 1.. bQ .5 corm' C.) U h b U 0 ..a w d 2012 S-31 19.72.060 Cupertino-Zoning 138 w cd o 0 o cu OA a) 1 0 • v, N v .0 O co w p :IC i '' on w a°i b '� 2 .5g U a) c a) o o a, a4 �, a, CD a • .5 5o . w t c 0 R , .8 . .o . U 8 .0 ...—,. 2 ° b 8 b .a uo 3 o a ; w •., on c) Q .4 ›, 5 a = a w iij a) o y,- ° =«4 a d a.1 $ ?: > vi pp C. .�` 'a 0 8 ° O r.1.1 O a4U o b ;y o 0 ai a; a) w g ; v U a) , o '1)a , wA N as a) ' U to y ' ° o a o I= 0 d v, •p O 0 w '. .0 a) ---. , .5 = .d �, �, ci .o 6 Q a ,) 08 ' ,S 30b ,S A is) ao — N M w 0 0 U 2 0 i I a 144 cu ifi 4 eu n N y aa) b w o; oz 3 o o a w 0 o o b a o 3 3 p o o d 0 0 o o . .. o 0.) o a on a� CA • �n d h cl :cn U .a.0 '0 0 1:1 a > E a) o a) 0 a) D O N p .O 4� .' Q .d .d .) - 'd c> y .a ibA V '� 4' 0 b .0 2 a +. a F.>,w 6 :d 3 v, r. v a U v .5 co v 0 � a, b 5' ;€5U o b a a) A a.d N il. cd .o U . al b = a) a 0 an a) n a) o a) U Q 5 r'[,, 0 U0 a' vdi ''q. t N 4 'd a) b a) aip '> Ca h r. N c� b C3. g N co i ca' co 5 co -6 O 2012 S-31 19.76.010 CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI-PUBLIC BUILDING (BQ) AND TRANSPORTATION(T) ZONES Section 19.76.010 Purpose. 19.76.020 Applicability of Regulations. 19.76.020 Applicability of regulations. The specific regulations of this chapter shall apply to 19.76.030 Permitted, conditional and excluded all BA, BQ and T zoning districts. uses in BA, BQ and T Zones. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 19.76.040 Permits required for development. 1992) 19.76.050 Application requirements. 19.76.060 Site development regulations. 19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones. Permitted,Conditional and Excluded Uses that may be 19.76.010 Purpose. conducted from property zoned Public Building (BA), The BA, BQ and T zoning districts are designed to Quasi-Public Building (BQ), and Transportation (T) are accommodate governmental, public utility, educational, identified in Table 19.76.030. religious,community service,transportation,or recreational facilities in the City. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) Table 19.76.030-Permitted, Conditional., and Excluded Uses in BA, BQ and T Zones Zoning Districts Uses BA BQ T 1. Buildings and other uses on land owned or utilized by a P - - federal, State, county, or city government or authority, or by a special district created for public purposes under the laws of the State of California are permitted in a BA zone. 2. Rotating homeless shelter provided that the following conditions are met: - P - a. Shelter is located within an existing church structure; b. The number of occupants does not exceed twenty-five; c. The hours of operation do not exceed six p.m. to seven a.m.; d. Adequate supervision is provided; e. Fire safety regulations are met; and f. Operation period does not exceed two months in any twelve-month period at any single location. 3. Permanent emergency shelter provided the fallowing conditions are met: a. Section 19.76.030(2)(a)-(e); and - P b. Occupancy is limited to six months or less. 2012 S-31 139 19.76.030 Cupertino-Zoning 140 Table 19.76.030-Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones (Cont.) Zoning Districts Uses BA BQ T 4. Public utility companies regulated by the Public Utility - CUP- PC - Commission for uses restricted to administrative and office buildings, communication equipment buildings, including parking, landscaping and maintenance within an enclosed area or storage yard; 5. Religious, civic, and comparable organizations, for uses - CUP-PC - restricted to church buildings, community halls, administrative buildings, schoolrooms, recreational facilities, and athletic fields, convents, seminaries, and similar uses customarily associated with churches, including parking and landscaping areas;, 6. Child care facility, residential care facilities, congregate - CUP-PC - residence, hospitals, vocational and specialized schools; 7. Lodges, clubs, country clubs, including accessory uses such as - CUP-PC - swimming pools, picnic areas, golf courses, driving tees or ranges, miniature golf courses (all uses to be restricted to members of the above organizations and their guests); 8. Large-family daycare home; - CUP- PC - 9. Airports, airfields and helicopter terminals, including - - CUP-PC administration and service buildings, maintenance and storage yards 10. Railroads, including terminals and stations, freight yards, - - CUP-PC marshaling yards, storage yards, administrative and service buildings 11. Bus terminals and stations, including administration and service - - CUP-PC buildings, maintenance and storage yards 12. Freeways, expressways, and other roads with limited or - - CUP-PC controlled access, including administrative buildings and maintenance yards Key: P- Permitted Use -- Not Allowed CUP-Admin. - Conditional Use Permit issued by the Director of Community Development CUP-PC - Conditional Use Permit issued by the Planning Commission CUP-CC - Conditional Use Permit issued by the City Council Ex- Excluded Uses (Ord. 2085, §2(part), 2011) 2012 S-31 141 Public Building(BA), Quasi-Public Building(BQ) and Transportation (T) Zones 19.76.040 19.76.040 Permits Required for Development. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in a BA, BQ or T zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12. (Ord. 2085, §2(part), 2011) 19.76.050 Application Requirements. Prior to the issuance of development permits, or any amendment thereto, an application shall be made that, in addition to the requirements in Chapter 19.12, shall include a development plan. The plan shall include: A. Types and heights of buildings/structures and location of areas where buildings are to be placed; B. A proposed system of public and private streets, including cross-sections for all types of streets; C. Landscape plans; D. Parking and loading plans as required by this title; E. Any other information, which the Director of Community Development requires in order to evaluate the effects of the proposed facilities on the surrounding areas. (Ord. 2085, §2(part),2011; Ord. 2056, (part),2010;Ord. 1601, Exh. A (part), 1992) 19.76.060 $ite Development Regulations. A. Maximum Height of Buildings and Structures. The height of buildings in BA, BQ and T zone districts is regulated by the development plan. B. Setbacks and Screening. 1. There are no minimum setbacks in BA, BQ or T zoning districts; provided, however, that the Planning Commission may establish minimum setbacks with respect to each individual application for a development permit or a conditional use permit in order to provide adequate light, air and visibility at intersections, and to provide general conformity with adjacent and nearby zones and lots, or to promote the general excellence of the development; 2. Adequate screening to limit noise,to reduce glare of lights, and to prevent obnoxious emissions shall be provided when deemed appropriate by the Planning Commission. (Ord. 2085, §2(part),2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) 2012 S-31 19.80.010 CHAPTER 19.80: PLANNED DEVELOPMENT(P) ZONES Section 19.80.010 Purpose. reference to the general type of use allowed in the particular 19.80.020 Applicability of regulations. planning development zoning district. For example, a 19.80.030 Establishment of districts-Permitted planned development zoning district in which the uses are to and conditional uses. be general commercial in nature, would be designated 19.80.040 Zoning or prezoning. "P(CG)." A planned development zoning district in which 19.80.050 Development permit. the uses are intended to be a mix of general commercial and residential would be designated "P(CG/Res)." C. Permitted uses in a P zoning district shall consist 19.80.010 Purpose. of all uses which are permitted in the zoning district which A. The planned development (P) zoning district is constitutes the designation following the letter coding "P." intended to provide a means of guiding land development or For example, the permitted uses in a P(CG)zoning district redevelopment of the City that is uniquely suited for planned are the same uses which are permitted in a CG zoning coordination of land uses and to provide for a greater district. flexibility of land use intensity and design because of D. Conditional uses in a P zoning district shall accessibility, ownership patterns, topographical consist of all uses which require the issuance of a considerations, and community design objectives. conditional use permit in the zoning district which B. The planned development zoning district is constitutes the designation following the letter coding "P." specifically intended to encourage variety in the For example,the conditional uses in a P(CG)zoning district development pattern of the community; to promote a more are the same uses which require a conditional use permit in desirable living environment; to encourage creative CG zoning district. Each conditional use in a P zoning approaches in land development; to provide a means of district requires a separate conditional use permit. reducing the amount of improvements required in E. The general category of uses in a P zone shall be development through better design and land planning, to defined at the time of the conceptual plan, and shall be conserve natural features, to facilitate a more aesthetic and consistent with the adopted General Plan relative to the efficient use of open spaces, and to encourage the creation property in the application. The development standards and of public or private common open space. regulations of the permitted and conditional uses shall be (Ord. 2085, § 2(part), 2011) established in conjunction with the approval of the conceptual and definitive plans. 19.80.020 Applicability of Regulations. (Ord. 2085, §2(part), 2011) No building, structure or land shall be used and no building or structure shall be erected, enlarged or 19.80.040 Zoning or Prezoning. structurally altered, or demolished, in any planned A. Application. The applicant for a P zoning district development zoning district, except in accordance with the shall,in addition to information required per Chapter 19.12, provisions set forth in this chapter. at the time of the application, submit to the Director of (Ord. 2085, § 2(part), 2011) Community Development a conceptual development plan, which shall include: 19.80.030 Establishment of Districts-Permitted 1. A general description of the proposed uses, and Conditional Uses. 2. The proposed traffic-circulation system, A. Planned development zoning districts may be 3. A topographical map of the site and the established,modified or removed from the zoning map, and neighboring properties, the regulations applicable to any planned development 4. A landscaping plan. district may be established, modified or deleted in accord B. Process and Review Authority. with the procedures described in this chapter. 1. Applications for the zoning, prezoning or B. All P districts shall be identified on the zoning rezoning of property shall be processed in the manner map with the letter coding "P" followed by a specific prescribed in Chapter 19.152. 2012 S-31 [43 19.80.040 Cupertino-Zoning 144 C. Findings. No such ordinance may be adopted unless, in addition to making the fmdings required by Chapter 19.152, 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. 2085, § 2(part), 2011) 19.80.050 Development Permit. Process and Review Authority - Prior to any development within a planned development zoning district, the applicant must obtain a development permit approving the development pursuant to the requirements of Chapter 19.156. (Ord. 2085, § 2(part), 2011) 2012 S-31 19.84.010 CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND RECREATION AND PRIVATE RECREATION ZONING DISTRICTS Section 19.84.010 Applicability of regulations. 19.84.020 Permitted, Conditional and Excluded 19.84.020 Permitted, conditional and excluded Uses in Open Space, Park and uses in open space, park and Recreation and Private Recreation recreation and private recreation Zones. zones. Table 19.84.020 sets forth the Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation zones. 19.84.010 Applicability of Regulations. No building or structure or land shall be used in an OS, PR and FP zoning district, otherwise than in conformance with the provisions of this chapter. (Ord. 2085, §2(part), 2011) • Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones Zoning Districts Uses OS PR FP A. Low-intensity recreational uses such as hiking, birdwatching, walking, P - - picnicking and other similar activities B. Minor maintenance of vegetation such as mowing or trimming P - - C. Incidental gardening P - - D. The erection or maintenance of minor structures, such as fences, gates, P - - culverts and drainage ditches. E. Any legal nonconforming use as provided for in Chapter 19.140 of the P - - City's Ordinance Code F. Temporary uses subject to regulations established by Chapter 19.160 CUP- - - Admin G. Noncommercial stables for riding horses CUP- - - Admin H. Artificial or constructed pools, ponds, lakes or streams CUP- - - Admin I. Playgrounds CUP- - - Admin 2012 S-31 145 19.84.020 Cupertino-Zoning 146 Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones (Cont.) Zoning Districts Uses OS PR FP J. Any other use which is compatible with open space and otherwise is in CUP- - conformance with the purposes of the OS zoning district Admin K. Parks, playgrounds, and recreation facilities, as regulated by Title 13 - P - of this code L. Agricultural uses such as crop and tree farming, and the keeping of - P - domestic barnyard animals M. Single-family residences for the purpose of housing a caretaker for the - P - park. The residence may take the form of a mobilehome as well as a permanent residential structure. N. Accessory facilities and uses customarily incidental to permitted uses - P - and otherwise conforming with the provisions of Chapter 19.92 of this title O. Parking facilities as necessary for park usage - P P. Outdoor Uses: - - CUP- 1. Equestrian center including riding academies, stables and horse PC rental, 2. Practice range for archery or firearms, 3. Golf course with or without driving range, 4. Swim and racquet club, 5. Swimming, diving or related sports center, 6. Picnic areas, 7. Racquet sports center for tennis, racquetball, badminton and similar activities, 8. Specialty outdoor activity center encompassing one or more of the following or similar uses: a. Roller skating, b. Skateboarding, c. Lawn bowling, bocce ball, d. Miniature golf, e. Waterslide, 9. Commercial athletic field for one or more of the following or similar uses: a. Baseball, softball or batting cage training, b. Football c. Soccer, d. Volleyball, e. Field hockey, f. Basketball, 10. Amusement parks with or without rides or live entertainment, 11. Bicycle motocross course/go-cart track or similar specialty raceway, but excluding facilities for racing of automobiles or motorcycles, 2012 S-31 147 Permitted, Conditional and Excluded Uses in Open Space, Park and 19.84.020 Recreation and Private Recreation Zoning Districts Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones (Cont.) Zoning Districts Uses OS PR FP P. Outdoor Uses: (Cont.) - - CUP- 12. Air sports field for hang gliding, ultralight aircraft or ballooning, PC but excluding common carrier passenger aircraft service, 13. Other outdoor recreation uses which are found by the Director of Community Development to be of similar intensity and characteristics of use to those enumerated in this subdivision; Q. Indoor Uses: - - CUP- 1. Museums and galleries, PC 2. Theaters for film, stage or music entertainment, 3. Specialty indoor activity center encompassing one or more of the following or similar uses: a. Bowling, b. Video games, c. Pool, billiards, d. Martial arts, e. Ice or roller skating rink, 4. Personal fitness or sports training center with primary location of facilities and equipment enclosed within a structure, 5. Dancehall or facility for dance instruction, 6. Other indoor recreation uses which are found by the City Council or Planning Commission to be of similar intensity and characteristics of use to those enumerated in this subsection. R. Subsidiary Uses: 1. Competition and tournament facilities, including stadium seating, - - CUP- concession stands and box office/ticket sales for on-premises PC events only, 2. Restaurant without separate bar facility, 3. Repair shop, servicing equipment associated with the activities authorized under the principal use permit, 4. Retail sales of equipment and supplies customarily associated with the activities authorized under the principal use permit, 5. Caretaker's or security officer's residence 6. Other uses deemed by the Planning Commission or City Council to be subsidiary to the principal use authorized on the site. S. Card Clubs and similar businesses operating games of chance - - Ex T. Nightclubs - - Ex U. Other uses which are found by the Director of Community - - Ex Development to be in conflict with the objective of the FP zoning district 2012 S-31 19.84.020 Cupertino-Zoning 148 Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones (Cont.) Key: P- Permitted Use -- Not Allowed CUP-Admin. - Conditional Use Permit issued by the Director of Community Development CUP-PC - Conditional Use Permit issued by the Planning Commission CUP-CC - Conditional Use Permit issued by the City Council Ex- Excluded Uses (Ord. 2085, § 2(part), 2011) 2012 S-31 19.88.010 CHAPTER 19.88: OPEN SPACE(OS) ZONES Section 19.88.010 Purpose. exceptions, or building permits issued by the City or any 19.88.020 Applicability of regulations. other public agency. 19.88.030 Permitted, conditional and excluded (Ord. 2085, §2(part),2011; Ord. 2056, (part), 2010; Ord. uses. 1608, § 1 (part), 1992) 19.88.040 Permits required for development. 19.88.030 Permitted, Conditional and Excluded Uses. 19.88.010 Purpose. Permitted,Conditional and Excluded Uses that may be Open space(OS)zones are intended to provide for the conducted from property zoned Open Space (OS) are establishment of open space uses in private natural areas in identified in Section 19.84.020. order to avoid urban sprawl and to preserve environmentally (Ord. 2085, § 2 (part), 2011) sensitive areas in their natural condition. (Ord. 2085, §2(part), 2011; Ord. 1608, § 1 (part), 1992) 19.88.040 Permits Required for Development. Prior to the erection of a new building or structure or 19.88.020 Applicability of Regulations. enlargement or modification of an existing building, A. Prohibition. No structure or land shall be used, structure, or site (including landscaping and lighting) in an and no building'or structure shall be hereafter erected, OS zoning district, the applicant for a building permit must structurally altered,or enlarged in an open space(OS)zone, obtain permits in accord with Chapter 19.12. otherwise than in conformance with the provisions of this (Ord. 2085, § 2(part), 2011) chapter. B. Limitations to Applicability of Regulations. The open space zoning district may only be designated on land within the City of Cupertino under one, or more, of the following circumstances: 1. The property owner of the subject property either makes application with the City for such designation to apply to his or her property, or otherwise gives his or her written consent to the application of this chapter to his or her property; 2. The subject property is encumbered by any recorded open space easement or written dedication of the development rights granted to the City; 3. The subject property is to remain open space under the terms of any development agreement entered into pursuant to the City's Ordinance Code, or under the terms of any written and recorded private agreement, a copy of which is provided to the City prior to any designation under this chapter; 4. The subject property is to remain open space under any condition of approval to any implemented entitlement of use, including, but not limited to, development permits, planned development permits, conditional use permits, variances, subdivision maps, 2012 S-31 149 19.92.010 CHAPTER 19.92: PARK AND RECREATION(PR) ZONES Section 19.92.010 Purpose. C. The findings of the Planning Commission shall 19.92.020 Applicability of regulations. thereafter be forwarded to the Parks and Recreation 19.92.030 Permitted, conditional and excluded Commission for presentation to the City Council. uses. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 19.92.040 Park master plan. 1992) 19.92.010 Purpose. The purpose of the park and recreation zone is to regulate the land uses and recreational activity permitted within publicly owned parks within the City, to ensure the safety and enjoyment of the persons utilizing the park facilities, as well as to protect the rights of adjoining property owners. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) • 19.92.020 Applicability of Regulations. No building, structure, or land shall be used, and no building or structure shall be erected,structurally altered,or enlarged in a park and recreation zone, otherwise than in conformance with the provisions of this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.92.030 Permitted, Conditional and Excluded Uses. Permitted,Conditional and Excluded Uses that may be conducted from property zoned Park and Recreation (PR) are identified in Section 19.84.020. (Ord. 2085, § 2(part), 2011) 19.92.040 Park Master Plan. A. The Director of Parks and Recreation shall submit development plans for any proposed park or recreation facility to the Parks and Recreation Commission, which shall hold a public hearing concerning the proposal. B. Prior to submitting its recommendation to the City Council,the Parks and Recreation Commission shall submit the proposal to the Planning Commission for its recommendation to include an environmental assessment of the plans and a finding that the proposal is consistent with the General Plan. 2012 S-31 151 19.96.010 CHAPTER 19.96: PRIVATE RECREATION(FP) ZONE Section 19.96.010 Purpose. 19.96.020 Applicability of Regulations. 19.96.020 Applicability of regulations. No building, structure, or land shall be used, and no 19.96.030 Zoning designations. building or structure shall be erected, structurally altered 19.96.040 Permitted, conditional and or enlarged in a private recreation zone, otherwise than in excluded uses. conformance with the provisions of this chapter. 19.96.050 Subsidiary uses. Compliance with this chapter does not relieve the owner or 19.96.060 Permits required for development. developer of property intended to be included in an FP 19.96.070 Application requirements. zone from complying with all other applicable City 19.96.080 Performance standards. ordinance or conforming with the provisions of the City's General Plan. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 19.96.010 Purpose. 1992) A. The purpose of creating a private recreation (FP)zone is to facilitate zoning under use permit controls 19.96.030 Zoning Designations. which promote privately sponsored business enterprise for The ordinance rezoning each property or parcel to the cultural and recreational needs of the community which the private recreation(FP)zone classification shall include are distinct from; and yet serve as an enhancement to the one of the suffixes in the table below, indicating the organized activity and passive open space uses traditionally primary use intent for the site. Uses authorized for any provided by the public sector on City or regional site are interchangeable between indoor and outdoor parklands. activity, and may include activities listed under both B. The FP zoning district is intended to encourage subdivision"i" and subdivision"o" of Section 19.96.040, a diverse range of recreational development by private notwithstanding the suffix designation. interests. At the same time, the use intensity of any site in the FP zone is determined by application of performance standards which ensure a compatible fit with the site's geographic and environmental setting. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) Suffix Zoning Symbol Activity Characterization Use Characteristics -i FP-i Indoor Uses oriented primarily to activities which take place within an enclosed structure, and as listed in Table 19.84. (Ord. 2085, § 2(part), 2011; Ord. 1601, Exh. A (part), 1992) 19.96.040 Permitted, Conditional and Excluded 19.96.050 Subsidiary Uses. Uses. The subsidiary uses identified in Section Permitted, Conditional and Excluded Uses that may 19.84.020(R) may be permitted with a conditional use be conducted from property zoned Private Recreation(FP) permit issued by the Planning Commission when such uses are identified in Section 19.84.020. are intended: (Ord. 2085, §2(part), 2011) A. To serve primarily the convenience of persons drawn to the site to engage in the activities authorized thereon as the principal use; 2012 S-31 153 19.96.050 Cupertino-Zoning 154 B. To operate in conjunction with, and be D. A description of the phasing of construction for subsidiary to, any of the principal uses described in the development, including a tentative time schedule and Section 19.84.020. plan describing the extent of building square footage and (Ord. 2085, §2(part), 2011) land area involved with each phase of the development. (Ord. 2085, § 2(part), 2011; Ord. 1601, Exh. A (part), 19.96.060 Permits Required for Development. 1992) At the inception of a rezoning to the FP classification, such rezoning shall be accompanied by a 19.96.080 Performance Standards. simultaneous request for use permit approval, in accord A. General. Individual use permit requests for with the requirements of Chapter 19.12. development of facilities in the FP zone shall be subject to (Ord. 2085, §2(part), 2011) application of performance standards. The performance standards and potential mitigation strategies listed in 19.96.070 Application Requirements. Section 19.96.080C shall: A development plan shall be approved in conjunction 1. Serve as guidelines applied by the Planning with each request for rezoning to the FP district, or with Commission and City Council in a manner which best each separate use permit application subsequent to such accomplishes the intent of the FP zone; rezoning. The development plan shall, in addition to 2. Ensure adequate mitigation of potentially information required by Chapter 19.12, include, but shall detrimental impacts associated with a specific use in a not be limited to the following content: specific location. A. Definition of uses within the buildings, a use B. Priority of Recreational Development. The distribution table setting forth the property size, and the City Council may approve a private recreational use which amount of land devoted to the principal recreation use or is found to be inconsistent with any minimum performance uses and support activities; standard stated in this chapter upon finding that: B. Depiction of surrounding uses at least one 1. There is an offsetting factor of need for that hundred feet in each direction from the perimeter of the use; project; existing-and proposed private and public streets 2. The use is of interest to residents of Cupertino which provide ingress and egress to the site; the location over uses which draw from a regional area. of driveway aprons and pedestrian paths; C. Impact Mitigation Standards. The following C. A drawing describing the areas to be landscaped chart shall be used to determine the level of performance within the development, including areas adjacent to appropriate to each category in which one or more streets. The functional aspects of landscaping design shall significant impacts may occur to adjoining property and/or be described, including but not limited to how landscaping to the community at large as a result of any new or is used to screen parked vehicles, to enhance the expanded use in the FP zone. The City may impose enjoyment of activity areas or separate activity areas from specific mitigation strategies as conditions of use permit adjoining uses, and provide an aesthetically pleasing approval to ensure compliance with the general design element; performance standards, except as noted in Section 19.96.080B above: [Table begins on next page.] 2012 S-31 155 Private Recreation (FP) Zone 19.96.080 Performance Standards Category Criteria Noise. 1. General Standards - Adjoining properties shall be protected from noise levels exceeding noise ordinance standards 2. Potential Mitigation Strategies - Provide physical barrier between noise source and sensitive receptor - Limit hours of operation - Prepare noise report describing detailed mitigation solutions Traffic. 1. General Standard - Conform to extraordinary use policy for uses located in urban settings - Maintain existing LOS for nonurban street system locations 2. Potential Mitigation Strategies - Prepare traffic report to ensure compliance with current standards - Provide off-site roadway capacity improvements - Limit hours of operation or peak hour activity Intrusion. 1. General Standard - Adjoining properties shall not be subject to intrusion from dust, odor, direct visual access or glare from artificial lighting 2. Potential Mitigation Strategies - Provide visual barrier between activity area and adjoining properties - Specify cleanup interval for waste removal/dust control - Control ventilation of fossil fuels and other combustibles - Employ shielded lighting fixtures near roadways, homes or parks Landscape. 1. General Standards - Provide extensive landscaping for functional and decorative purposes where context so demands - Maintain and enhance natural landscape elements in rural and hillside areas 2. Potential Mitigation Strategies - Use street frontage landscaping to reinforce neighborhood setting(setbacks, plant types, tree spacing) - Use interior perimeter landscaping to control visual intrusion, separate conflicting uses, offset large impervious surface areas - 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 hills;des 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. 2085, § 2(part), 2011; Ord. 1601, Exh. A(part), 1992) 2012 S-31 19.100.010 CHAPTER 19.100: ACCESSORY BUILDINGS/STRUCTURES Section 19.100.010 Applicability of regulations. 6. Building management offices, when located 19.100.020 Accessory uses and facilities. within the principal facility and limited to the management 19.100.030 Site development regulations. thereof; 7. Refreshment and service facilities in parks, playgrounds, and in permitted public or private recreation 19.100.010 Applicability of Regulations. facilities or schools; The regulations established by this chapter shall be 8. The operation of service facilities and equipment applicable in each district established by this title. in connection with schools,hospitals and similar institutions (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), or uses, when located on the site of the principal use. 1992) D. No use or facility permitted as an accessory use or facility pursuant to this chapter shall be construed to be 19.100.020 Accessory Uses and Facilities. permitted as a principal use or facility unless specifically A. Accessory uses and facilities shall be permitted in authorized as permitted or conditional use in the district in any district where incidental to and associated with a which it shall be located. Operation, occupancy and permitted use and authorized conditional use therein,subject continuance of allowable accessory uses and facilities shall to the provisions of the section. be conditioned upon continued occupancy or use of the B. Accessory uses and facilities: principal use or facility being served. 1. Shall be subordinate to the primary activity of the (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), principal use or principal facility, respectively; 1992) 2. Shall contribute to the comfort, convenience, efficiency or necessity of the occupants, or the activities of 19.100.030 Site Development Regulations. a principal use, or the function of a principal structure; A. General Regulations. Except as otherwise 3. Shall be located on the same site as the principal provided in this section, accessory buildings shall at all use or structure served. times be located in conformance with requirements for C. Accessory uses and facilities include,but are not principal buildings, and shall not be located in any required limited to,the following list of examples,provided that each front, sides, or rear yard setback area. accessory use or facility shall comply with all provisions of B. Residential and Agricultural Zones.In residential this title: and agricultural zoning districts, accessory buildings and 1. Residential garages, and parking facilities, structures may be located in a required interior yard, subject together with access and circulation elements necessary to the restrictions in Table 19.100.030. thereto; 2. Customer,visitor and employee parking facilities, and off-street loading facilities, together with access and [Table 19.100.030 begins on next page.] related elements necessary thereto; 3. Facilities for storage incidental to a principal use; 4. Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility; 5. Newsstands, gift shops; drugstores, and eating and drinking facilities,or similar services intended solely for the convenience of occupants or employees, or guests thereof, of a principal use or facility; 2012 S-31 157 19.100.030 Cupertino-Zoning 158 Table 19.100.030: Site Development Regulations 1. Accessory buildings and structures (including decks and patios)which are attached to principal dwellings a. Ground level paving, landscape features, and open Excluded from lot coverage regulations recreational facilities b. Attached accessory buildings/structures Must meet all site development regulations, including setbacks, height and lot coverage regulations applicable to principal dwellings in the applicable zone. c. Attachment to principal dwelling Must be structurally integrated with the principal dwelling. d. Unenclosed Patio Covers Setback from rear property line = 10 feet e. Attached Recreational Structures with a floor or a Setback from any property line = 10 feet step height greater than 18 inches above any point of the adjoining finished grade f. First-floor decks and patios, other than described in Setback from any property line = 3 feet (e) above g. Second story decks and patios As set forth in each of the individual chapters. If not identified in that zoning ordinance: Minimum side yard setback = 15 feet Minimum rear yard setback = 20 feet Encroachment into required front yard setback = 3 feet maximum 2. Detached Accessory Buildings/ Structures in R-1, RHS, A, A-1 and R-2 Zoning Districts a. In R-1, RHS, A and A-1 zones: i. Area of Accessory Buildings/Structures, not Limited to the gross building area as per Section including garage space 19.112.030(A) ii. Basements in Accessory Buildings/Structures Shall count as floor area. iii. Basement lightwells in Accessory Shall conform to Section 19.28.070 Buildings/Structures iv. Accessory Buildings/Structures with living space Shall conform to Chapter 19.112 b. Maximum lot coverage 30% of the useable rear yard area c. Minimum setback from principal dwelling 5 feet(measured between the eaves) d. Minimum Setback(except for detached recreational buildings/structures in 2(j)) i. Front 20 feet in residential zones 30 feet in agricultural zones ii. Rear 3 feet iii. Side Interior side- 3 feet Street side on corner lot- 15 feet Street side on corner lot adjacent to key lot-20 feet 2012 S-31 159 Accessory Buildings/Structures 19.100.030 Table 19.100.030: Site Development Regulations (Cont.) 2. Detached Accessory Buildings/ Structures in R-1, RHS, A, A-1 and R-2 Zoning Districts(Cont.) e. For interior lots abutting only one street, in R-2 and No detached accessory building or structure, except R-3 zones a detached garage, may occupy the front 50% of the lot area. f. Small, portable storage buildings less than 6 feet in 1. Setback from principal dwelling unit may be height, not attached to a building, permanent less than five feet and foundation or pad 2. Setback from any property line must be at least three feet. g. Maximum Height 20 feet(limited to one story) h. Maximum Wall Plane Height 1. Shall not exceed seven feet beginning at a three foot setback from rear or side property lines. 2. The wall plane height may be increased by one foot for each additional one and one-half feet of setback(corresponding to a thirty-three-degree angle), up to a maximum wall plane height of fifteen feet, as depicted in the diagram attached to the ordinance codified in this title. i. Walls less than five feet from a property line 1. May have windows if they have obscured glass or have a sill height above five feet from the floor. 2. This does not apply to skylights or windows which face a right-of-way or a non-residential zoning district. j. Detached recreational buildings/structures with a. Setback from any property line = 10 feet other than floor or step height greater than eighteen inches affixed play structures in 2(k)below. above any point at the adjoining finished grade k. Affixed play structures, such as a swing or climbing Allowed in setback area defined in 2(j)above apparatus provided that: 1. Setback from any property line = 3 feet, and 2. If it does not comply with the requirements of Sections 19.100.030(B)(2)(h)and(2)(j)above, shall meet one of the two conditions below: i. It is adjacent to the front or street side property line of a corner lot or ii. If the structure exceeds the requirements relative to a property line other than the front or street side property line of a corner lot, the immediately adjacent property owner agrees to the location prior to construction. (Ord. 2085, §2(part), 2011) 2012 S-31 19.104.010 CHAPTER 1.9.104: SIGNS Section 19.104.010 Purpose and intent. 19.104.280 Temporary window signs. 19.104.020 Applicability of regulations. 19.104.290 Exception-Findings. 19.104.030 Permit required. 19.104.300 Enforcement of provisions. 19.104.040 Sign permit application 19.104.310 Nonconforming signs. requirements. 19.104.320 Abandoned or discontinued signs. 19.104.050 Sign permit application-Review 19.104.330 Illegal signs-Notice criteria. required-Summary removal 19.104.060 Inspection requirements. authorized when. 19.104.070 Appeals. 19.104.340 Authority to remove illegal signs in 19.104.080 Obstructions prohibited. public right-of-way. 19.104.090 Construction and maintenance 19.104.350 Storage of removed signs. specifications. 19.104.360 Owner responsible for removal, 19.104.100 Signs exempt from permit alteration or relocation costs. requirements. 19.104.370 Illegal signs-Deemed public 19.104.110 Prohibited signs. nuisance-Court action authorized. 19.104.120 Signs in special planning districts. 19.104.380 Violation deemed infraction-Penalty. 19.104.130. Sign program-Applicability, requirements and findings. 19.104.140 Permanent wall signs. 19.104.010 Purpose and Intent. 19.104.150 Permanent window signs, blade signs A. The purpose of the sign ordinance is to identify &logos, symbols or insignias. and enhance businesses while maintaining the aesthetic 19.104.160 Ground signs. appearance of the City. 19.104.170 Gasoline station signs. B. A good sign program will provide information to 19.104.180 Electronic readerboard signs, the public concerning a particular business or use and will changeable copy signs, exposed& serve the visual and aesthetic desires of the community. visible neon signs, decorative C. The City has adopted this title with the intent to: statuary and beverage container 1. Provide architectural and aesthetic harmony of recycling signs. signs as they relate to building design and surrounding 19.104.190 Signs in and near residential landscaping; districts. 2. Provide regulations of sign dimensions and 19.104.200 Freeway orientation. quantity which will allow for good visibility for the public 19.104.210 Landmark signs. and the needs of the business while providing for the safety 19.104.220 Design criteria-Permanent signs. of the public by minimizing distraction to the motorist and 19.104.230 Illumination restrictions. pedestrian; 19.104.240 Temporary signs-Location. 3. Provide for sign regulations that will be 19.104.250 Temporary signs-Flags, garage compatible with the building, siting, and the land uses the sales, political signs and subdivision signs are intended to identify; signs. 4. Provide for maintenance of existing signs and a 19.104.260 Temporary signs-Real estate signs program for bringing nonconforming signs into conformance and project announcement signs. with the standards of this title as changes are made to the 19.104.270 Temporary signs-Special event signs or businesses; banners, promotional devices, and 5. Provide procedures which will facilitate the portable signs and displays. efficient processing of sign applications; and 2012 S-31 161 19.104.010 Cupertino-Zoning 162 6. Provide design criteria which will promote 19.104.080 Obstructions Prohibited. attractive and effective signs for Cupertino residents, No sign or other advertising structure shall be erected, businesses, employees and visitors. relocated or maintained so as to prevent free ingress to or (Ord. 2085, §2(part),2011; Ord. 1987, (part), 2006;Ord. egress from any door, window, fire escape, driveway, 1624, (part), 1993) sidewalk or bike path. (Ord. 2085, §2(part), 2011) 19.104.020 Applicability of Regulations. It is unlawful for a sign to be placed, erected, moved, 19.104.090 Construction and Maintenance reconstructed or altered unless made to comply with the Specifications. provisions of this title. A. All signs shall conform to the building and wind (Ord. 2085, § 2(part), 2011) load requirements of the Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the 19.104.030 Permit Required. Cupertino Municipal Code. All signs which are not exempted by Section B. All signs with internal illumination shall be 19.104.100 require a sign permit to be approved by the constructed of noncombustible materials, be approved by Director. The Director shall review and approve, approve Underwriters Laboratory(UL), U.S. Bureau of Standards, with conditions or deny the application within thirty calendar or other similar institution of recognized standing, and be days from receiving an application for a sign. maintained in satisfactory condition or be immediately (Ord. 2085, § 2 (part), 2011) repaired or replaced. C. All electrical, gas or other utility service and 19.104.040 Sign Permit Application Requirements. other pertinent fixtures shall be placed underground. An application for sign approval shall, in addition to D. Guy wires or cable supports used to brace the information required in Chapter 19.12, contain information sign shall not be visible to the observer. regarding the size,color and samples, illumination intensity E. No sign shall be suspended by chains or other and type,materials,number,location,type of signs,and the devices that will allow the sign to swing due to wind causing location of the business on the site. wear on supporting members. (Ord. 2085, § 2 (part), 2011) F. All signs shall be maintained in safe, unbroken, and structurally sound manner,including the replacement or 19.104.050 Sign Permit Application—Review repair of any defective parts, painting, cleaning and any Criteria. other work necessary to maintain the sign and any landscape The Approval Body shall review the sign application to planter associated with the sign. ensure that the following criteria are met: (Ord. 2085, § 2(part), 2011) A. The proposed sign meets the requirements of this title or any special conditions imposed in the development. 19.104.100 Signs Exempt from Permit B. The proposed sign's color and illumination is not Requirements. in conflict with the safe flow of traffic on the City streets. The following signs do not require a permit from the C. The sign is in conformance with the Design City,providing they comply with the following regulations: Criteria in Section 119.104.220. A. Directory Signs. Directories located within the (Ord. 2085, § 2(part), 2011) interior of a project which are not oriented to a public street; B. Garage Sale Signs. Garage sale signs subject to 19.104.060 Inspection Requirements. the limitations in Section 19.104.250 and Chapter 5.16 of The Building Inspector or Planner shall have the this code; authority to review the light intensity of all illuminated signs C. Governmental Signs. Governmental signs for with the power to require reduction of the light intensity to control of traffic and other regulatory purposes,street signs, ensure that the sign's illumination does not exceed the danger signs, railroad crossing signs, and signs of public illumination standards as regulated by Section 19.104.230. service companies indicating danger and aids to service or (Ord. 2085, §2(part), 2011) safety; D. Identification Signs. Identification signs for a 19.104.070 Appeals. business or profession which are not illuminated, and which A decision by the Approval Body regarding the are less than two square feet in area, located on portions of approval or revocation of a sign permit or removal of a sign a building, shopping mall or office complex; may be appealed pursuant to Chapter 19.12. E. Information Signs. Informational or directional (Ord. 2085, § 2(part), 2011) signs which are located entirely on the property to which 2012 S-31 163 Signs 19.104.100 they pertain and are less than four square feet in area. No D. Off-site Signs. Any off-site sign except as may more than thirty-three percent of the sign area of each sign be permitted in Section 19.104.240, 19.104.250 & can be devoted toward business identification of the business 19.104.260; located on the property; E. Portable Signs. Portable signs except as may be F. Temporary Political Signs. Temporary political permitted in Section 19.104.270; signs subject to the limitations in Section 19.104.250; F. Roof Signs. Any permanent roof sign; G. Public Notices. Public notices or posters as G. Traffic Conflict Signs. Signs which because of legally required by a government agency; color,wording,design,location or illumination resemble or H. Residential Real Estate Signs. Real estate for conflict with any traffic-control device or with the safe and sale/for lease/for rent signs, subject to the limitations in efficient flow of traffic; Section 19.104.260; H. Vehicle Signs. The parking of any vehicle or I. Non-residential Real Estate Signs. trailer, on either public or private property which is visible Non-residential real estate for sale/for lease/for rent signs from a public right-of-way, which has affixed to it a sign subject to the limitations in Section 19.104.260; which is intended to attract or direct customers to a business J. Street Address Numbers. Address numbers in all on or near the property is prohibited. This subsection is not districts, providing they are not meant as an advertising intended to apply to standard advertising or identification mechanism; practices where such advertising displays are painted on or K. Logos, Symbols or Insignias. Logos, symbols or permanently attached to a business or commercial vehicle insignias, commemorative plaques of recognition and which is actively being used by the business unless the identification emblems of religious orders or historical vehicle is in violation of the parking ordinance (Chapter agencies, provided that such signs are placed on or cut into 19.124 of the Cupertino Municipal Code). the structure are not internally illuminated, and do not (Ord. 2085, § 2(part), 2011) exceed nine square feet in area; L. Window Signs. Window signs subject to the 19.104.120 Signs in Special Planning Districts. limitations in Sections 19.104.150 and 19.104.290. One Any business regulated by the Monta Vista Design "OPEN" sign not exceeding two square feet and of any Guidelines, Heart of the City Specific Plan or any area material may be placed in a window without penalty towards regulated by a specific plan shall be subject to the sign window coverage limitations; regulations contained within those plans. For all sign M. Bus Shelter Signs. Signs installed in Santa Clara regulations not addressed in the Special Planning District County Transit Agency bus shelters; plans, the requirements of this chapter will apply. N. Civic Event Signs. Civic and/or City-sponsored (Ord. 2085, § 2(part), 2011) events signs on City property; O. State and/or Federal Mandated Signs. State 19.104.130 Sign Program—Applicability, and/or federal mandated signs, including State lottery and Requirements and Findings. certified smog station signs; A. Applicability. P. Pedestrian Oriented Blade Signs. Blade signs that 1. All developments in a commercial, office, are not internally illuminated. Such signs shall be less than industrial, institutional, or residential district, with four or six and one-half square feet in area and installed at a height more tenant spaces on the same parcel, shall adopt a between eight feet and twelve feet above pedestrian comprehensive sign program to encourage creativity and walkways. ensure high quality in the design and display of multiple (Ord. 2085, § 2(part), 2011) permanent signs. 2. The adoption of a sign program shall be required 19.104.110 Prohibited Signs. at the time of the initial construction of a new project. The following signs are not permitted in the City: Existing developments in the City which do not have a A. Advertising Statuary; comprehensive sign program shall be required to adopt one B. Animated Signs. Animated signs except for when the first tenant in the project requests a change of face banners, flags, pennants and balloons permitted on a as defined in this title. Thereafter, all subsequent changes temporary basis as regulated in Section 19.104.260, and of face in the project shall be required to conform to the electronic readerboard signs as permitted in Section adopted program. 19.104.180; B. Application requirements. On any commercial, C. Audible Signs. Advertising displays which emit office or industrial site, or building requiring a sign audible sound, odor or visible matter; 2012 S-31 19.104.130 Cupertino-Zoning 164 program, the owner shall submit to the Director a sign 19.104.150 Permanent Window Signs, Blade Signs program application containing the following: & Logos, Symbols or Insignias. 1. An accurate site plan of the site showing the Table 19.104.150 sets forth the rules, regulations and location of buildings, parking lots, driveways, and processing applicable to Permanent Window Signs, Blade landscaped areas on the lot, at such scale as the Director Signs&Logos, Symbols or Insignias. may reasonably require; (Ord. 2085, § 2(part), 2011) 2. Computation of the proposed maximum total sign area, the proposed maximum area of individual signs, 19.104.160 Ground Signs. allowed maximum total sign area,allowed maximum area of Table 19.104.160 sets forth the rules, regulations and individual signs, the height of signs and the number of processing applicable to Ground Signs. freestanding signs; and (Ord. 2085, § 2(part), 2011) 3. Specifications with regard to: a. Sign type(individual channel letters,wood signs, 19.104.170 Gasoline Station Signs. etc.); Table 19.104.170 sets forth the rules, regulations and b. Lighting; processing applicable to Gasoline Station Signs. c. Location of each sign on the buildings; (Ord. 2085, § 2 (part), 2011) d. Materials; e. Sign proportions; 19.104.180 Electronic Readerboard Signs, f. Any other pertinent information as required by Changeable Copy Signs, Exposed & the Director. Visible Neon Signs, Decorative Statuary C. Findings. The Director of Community and Beverage Container Recycling Development may approve a Sign Program if the following Signs. findings are made: Table 19.104.180 sets forth the rules, regulations and 1. The Sign Program complies with the purpose of processing applicable to Electronic Readerboard Signs, this chapter. Changeable Copy Signs, Exposed & Visible Neon Signs, 2. Proposed signs are creative, and are in harmony Decorative Statuary and Beverage Container Recycling with the structures they identify, other signage on the site, Signs. and the surrounding development. (Ord. 2085, § 2(part), 2011) 3. The Sign Program contains provisions to accommodate future revisions that may be required because 19.104.190 Signs in and Near Residential Districts. of changes in use or tenants. Table 19.104.190 sets forth the rules, regulations and D. Minor modifications to the requirements of this processing applicable to Signs in and near Residential chapter may be permitted, provided that the proposed Sign Districts. Program meets the following criteria in addition to Section (Ord. 2085, § 2 (part), 2011) 19.104.130C: 1. Special circumstances, unique to the site and 19.104.200 Freeway Orientation. building locations,exist that require a modification from the Table 19.104.200 sets forth the rules, regulations and standards in this chapter. processing applicable to Freeway Orientation of Signs. 2. Demonstrates unique design and exhibits a high (Ord. 2085, § 2(part), 2011) degree of imagination, inventiveness, spirit, and thoughtfulness. [Tables begin on next page.] 3. Provides high quality graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture. (Ord. 2085, § 2(part), 2011) 19.104.140 Permanent Wall Signs. Table 19.104.140 sets forth the rules, regulations and processing applicable to permanent wall signs. (Ord. 2085, §2(part), 2011) 2012 S-31 165 Signs Table 19.104.140 0 u 0 ' l3 g .S p4U g0 � ON t. q ti'o A A 00 0 U 40 P4 e 8 d 0 � I w ; w wc o c 4 a9 q 'a c � • S4. • .° 'a , = II 3 a '^ .i.%3 o = ° 8 U u y 0. T q • 0 Ge cO cid° ••g bb'D dS 3 ° w/] 4, to «. .. ai 7:2 43 I o. X3 g 4 .5 ,v Cy 42 > a y G ° 0. ° u end 0 on n q • • 0.o • 0. � 0.' I) a w w; A N h Q S g 1 0 To s1 IH� w a I ` o 0 o U on ti o ._to p Ve 3 E' ° 0 '0 h 3 E,.= 144 ° G ..00 .. v N c 8 ci i N o 1 • • O 3 • • 8 8 • • O O • , • G0 w V) 4... v 3 0 yo ca a.^ 8 o 3 �o a u •C T y o = .I o aa, CA V o .. .�. c g b i o 0 u w •5 O N S 8 .00 U, o `� 0 0O 0.0 - :S u s ,4 n — N c I. u a'. 8 - - u 0. •.0x, 5 .0. :0 0 ^ 5 'r 'n :0amo 8 L. . u ,tee . •4 .. '� N , y b «• >, A a s DA co °a ; °,3 p a 0 ed• ••-• b 3 A o o o , •0 , b , , o o rto o z • 4 • g o b 0 5 • ,0 • ,tee 8 , 2012 S-31 Table 19.104.150 Cupertino-Zoning 166 .0 N N i 0 .E �'� N E 0 21 E 3 � g -1 .Z � !,!�' � ,U�! Oi AA *,tii A >I:C g -3 II A A V o U U $ a) A 1 I 0 E cE of N a zx a • z0 I., • • w • • V z B E • U h32 'd 3$ - a ckt ~ u oo . A y . a a m 2 A 04 0 a 0 . ao 0 w Vj rn O vi 0 o a 3 II 4 by o � 3 N N (.3 w, w E O O n ay 0 8Q ti , 0 co) O U p. N U Z O O • • 8 • • 3 2 $ A O1 V ° o �jo E v a E 8 I:4E ulo 0 O O pp. y N >go O O o w yam, 8 7 V � ,s U. fi t 1.1 U Q U ca MR -. 0.4i73 M63 v YA 2012 S-31 167 Signs Table 19.104.160 o N .2 0 1. 3ti .+ A • � � .9 04 wI, s es - • e8 .88u : � . II cb a .‘t 2 o. b cn o a II o ( c C cl ci :Jul_ .---".q.„5. I ibalci! w3 S N 8 o. . § w ' ° U 0 O >,go i 1 b V N O 4 2 . ' N � .r a gi • ..(2 .5 0 Q 1 o > a 0 by o o 0 h >, ' as w °A '= 0 3 •C2 2- l 0 _ vi:06 O o m • A .b os v �o 0 0 O C4 ° > � u A . U W > Z Z Z N • c N 0 C. g o • .c • « o o co 0 0 co 0 O° - 0 y � U .—I 2 R It- • ., °c cg b T • R Q .L:, U a v1 p1-7 au v� 8 y 0 4i 60 E 4 .. II o 0 o°n ao a° et 2' .`� A ea w 8 `g b i3 �, w — 5 II 0 ter. d " b as b eo0y 0 0 0 a�i r4 O •a Q o ai o G u 0 . • = • co, • 3w oQ • •f, • . 9 o ::-... 8 U 0o vs A .y . 00 A a• .0t � H ' a U • IBS • g , 00 ell y IC SA - . c < 2 2012 S-31 Table 19.104.170 Cupertino-Zoning 168 �1 cN iV N o O 0 e i C' a N O CT 0 e5 M 2 c"go cg f� .0 NT O cn •a�i o 8 U U o C UC 8 IX do 00 1 O U bA A A ,00du .N $ o Pa g N � � • A U 13 33 .5 'H a . tg 0 8 • • • 4 • ' m-U • • a .o La A A A A U U U U U Ix v A a 0 0 g bo c 3 c 0 a) U e • •'g3 ii 04 t L5 • `N - w 0 13 b y co 33 O . ,a •- a ., 4 CO) d � V) a •5 cl °; c- ` ° a a «. o 'a.on u ,. is A v, O C- U ( x o C/) Z o N 0 a U P., a) •p 0 c'S o~i opn"- ao eta °o°.D .9. '8 .5. > vii a AA E co o . 8 " Nog ' uo U � 8.- ate• s CO • 00 00 0 0 O U � 8 o b � " a; ° oQ„n ) 2 w 2 .S ", .r. tom 39 v, y V1 S 0 1 o. ;: 0 a W Cu p Gz+ cC�+ LA.2012 S-31 169 Signs Table 19.104.180 Ti o w h o y I oli 1- 1 I i " N .o .9 1 b go . a � � i . .0 s .0 tit a w a, ' c g ° °� 0 o ° 6 cn d5 0�0 8 ° E o as $ e At .b Tv 4 . p � .0 • .8 .�., U .8 • 6 0 1 u, A • 6' A S • U a i q C. " q y c u I m 3 U a q a. o . U q •y o o.e U ci 8 a' • Q o 5 W A v ° g q w a a E • • b Li. c4 • '> vi i,11a g .� � � U in a p C d o ° e bo ,, z ar ] 83 cn ''. Q FA b o 5. mi •• �j $ • 3 e, 4 v&I '8 c 0 z z co w Now 4 o a z z z CD c 0 F .4., ,U u e o.-a o - . 0 U U Q 2 b 4) •.4 aF" aa1Ds u o a Arn 2012 S-31 Table 19.104.180 Cupertino-Zoning 170 `0 1" ' O a �n c Q T30 8 g c 3 s •y •a 0 v U V 2 .+ a) U sob � 1 o . V Q 0 x ~' t = § Ca. Z ion 83 tg A g � o0 c� sD D 2 0 • 0 0 4 4-1 • 3 AZ • 8 ar. g Z �� w a ' ^ C • ‘! Q .0 t z wM is x Ui A g m ii 3 k g IS •y U N ill ' • 01 0 At I w %. a y y°• o O c 8 VU A W S §0 4 Ey ,•� VI t Z eV w >° G —, 'O C7 8 o A y • i0 - • 4 V • 8 p g y •r r 01 A U a+ 'iA u Gc7Ua 2012 S-31 171 Signs Table 19.104.190 e� g i s a • g ii �j , .E 8 ✓ E •0 8 1, 0 Ei E i '8 0: 1 .e05. - P �n •o �. • 0 4 i •o v� • o �i • °�o v� t A A II N A V o A A $3 2 ° • A � .- 8 u , $ c w -, " a Q a 3 0 ° y w gs •I ' , y . •€�° . - ll f� o o• E c"S o o w • 4. u • t E S • • 8 rx, •v n • o A 3 � 0 .9 " E I, c..) ao 72 ,Cq to O w id .. . w cV y e^ Q, N O O 8 N P.4 a A c.. o 2 - o a a y r a ° w ° to y O -- 0 0q o u .2 3 E > 74 3 8 c d) —. p O• i 8 A t, SA y , :0 b 1 0 0 S till ali zza `e e a 2012 S-31 Table 19.104.200 Cupertino-Zoning 172 i al al a l C ec a >, u V u S 3 o c o -it N V n 8 o $ es E . ,t; .. ▪t '75 ,h t v o .s •§ 0,• C4 S▪ 1 o :' o 'C $ 5 n ao = 0) 14 o </: o , i v� cq 0 vii o , .r• 6u-,,sp › a 'C A 2 , .1 .a: 8. dU w • s S `yam' .> 8 O p0 i «+ O N O 0 o = t aU 6A w ( � �^o~ O o =1 • b •S ,a ,. U • R, :- vO, .SA-. e� a c a z 'c c 0 a o 0 '•PSI E at E ., W A C S p, � N •,Ny, to O E ON V1 ^O N - y a a) O. OOi A H a S' U cl ,eC F;• 5,&...4 C 6J A r Col ob. i d o i g A 0 w. 'B o • .2' • vI °• � 4 'ES a) 'w y N ' y e� �• EiN U 5 ' N 1 y U p 7 O C) .. O 0 0 0 .9 0 a ▪ C U ; ..c a6wv v1tz 2012 S-31 173 Signs 19.104.210 19.104.210 Landmark Signs. All other districts shall not exceed approximately one Existing ground signs that have been designated by the hundred foot-lamberts. The foot-lambert readings shall be City as Landmark Signs(see Appendix B: Landmark Signs) used as a guide by staff to evaluate signs which are deemed are exempt from the Nonconforming Sign regulations in to be a problem to passing motorists or residents in the Section 19.104.310. surrounding neighborhood. A. Such signs may be structurally reinforced or B. The color and thickness of the sign panels as well rebuilt, after damage or destruction, to its original design as the brightness of the bulbs used to illuminate the sign and specifications. shall be designed in such a manner as to avoid excessive B. Minor modifications to such signs may be allowed illumination and glare. such that they do not distract from or alter the unique C. Illuminated signs which are not a necessary part architectural style of the sign, with a Director's Minor of the security lighting system for a business shall be turned Modification. off at eleven p.m. or within two hours after the business is (Ord. 2085, §2 (part), 2011) closed, whichever is the later time. D. All exterior lighting shall be placed in a manner 19.104.220 Design Criteria-Permanent Signs. so that the light source will not be seen from off the site. Although the aesthetic appearance of signs is (Ord. 2085, § 2(part), 2011) subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high 19.104.240 Temporary Signs-Location. quality appearance. The following criteria shall be A. No person shall paint, mark, or write on, post, incorporated into the design of signs. attach or otherwise affix, any temporary sign to or upon A. Ground signs shall be either housed in a frame or any: set onto a base, presenting a solid, attractive, well • public property, sidewalk, crosswalk, curb, proportioned and balanced appearance. The size and shape curbstone, fence, wall, of the frame or base shall be proportionate to the size and • public playground equipment and/or facilities, weight of the sign. Low signs are generally more • street lamp post, hydrant, tree, shrub, tree stake appropriate on a base, whereas taller signs are generally or guard, more appropriate in a frame. (See Appendix C, Examples • railroad bridge or crossing, of Well Proportioned Signs, Examples of Signs Not Well • pole for electric light or power or telephone or Proportioned, on file in the City Clerk and the Planning telegraph (or other communication service) or upon any Department, for examples.) fixture of the fire alarm or police telegraph system or upon B. Ground signs shall be located within a landscaped a lighting system, area proportionate to the size of the sign. Appropriate • public bridge, landscaping should be placed at the base of the sign. • drinking fountain, C. All signs shall be architecturally compatible and • street sign, traffic sign, in harmony with the building with which it is principally • traffic control pole or cabinet, associated,by incorporating its colors,materials,shape and • utility transformer vaults, or design. The sign shall also be compatible with the aesthetic • Any other building, structure or device character of the surrounding developments and permanently affixed on public property. neighborhood. B. No temporary sign shall be placed, posted or D. Background panels for multi-tenant ground signs otherwise affixed in the public right-of-way, except as should be harmonious in muted colors. provided in this section. The public right-of-way generally E. Sign copy shall be simple and concise, without includes the median, street, gutter, curb, sidewalk and excessive description of services or products. landscaped strip on public property. Temporary signs may F. Internally illuminated signs shall not have a only be located in the public right-of-way of a residential or directly visible light source. institutional district, as defined in this Title. G. The sign's color and illumination shall not C. Unless otherwise provided for in this chapter,all produce distraction to motorists or nearby residents. temporary signs, whether or not located in the public (Ord. 2085, § 2 (part), 2011) right-of-way shall meet the following: 19.104.230 Illumination Restrictions. [Table begins on next page.] A. The intensity of illumination for signs located within the commercial, office and industrial districts shall not exceed approximately two hundred fifty foot-lamberts. 2012 S-31 19.104.240 Cupertino-Zoning 174 Use/ Size Time Location Review Criteria Zoning Period Maximum Maximum Area Height All 4 s.f. per 3 ft. Except • Shall not be located on the street or on •Two sides side Political street medians. maximum Signs, all • Shall not be located on private property • Shall not be signs without oral or written consent of the owner illuminated. must be or person entitled to possession of said • Shall not removed property. restrict in any at sunset. • Shall maintain 36 inches of clear and way the safe continuous width along a sidewalk or vision of any pathway plus any other area needed for vehicular or handicapped accessibility. pedestrian traffic • All parts of the sign shall be set back or obstruct any minimum 18 inches from the face of the directional or curb or from the edge of the street, bicycle safety signs or vehicle travel lane, whichever is the permitted by the greatest distance from the edge of the street, City. bicycle or vehicle travel lane. D. Persons who place temporary signs in public 19.104.260 Temporary Signs-Real Estate Signs and rights-of-way are encouraged to notify and seek concurrence Project Announcement Signs. of adjacent property owner(s)and resident(s)before placing Table 19.104.260 sets forth the rules, regulations and temporary signs.• processing applicable to Temporary Signs-Residential Real E. The provisions of Section 19.104.240(B), (C), Estate, Non-residential Real Estate Signs and Project and(D) shall not be applicable to the following: Announcement Signs. 1. The maintenance of signs affixed or painted upon (Ord. 2085, §2(part), 2011) public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara [Tables begin on next page.] County Transit District bus shelters; 3. The maintenance of banners affixed to the top of the City-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of banners affixed to the top of the City-owned light poles located over Stevens Creek and De Anza Boulevards; and 5. The maintenance of hazard markers or emergency signs. (Ord. 2085, § 2 (part), 2011) 19.104.250 Temporary Signs-Flags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104.250 sets forth the rules, regulations and processing applicable to Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs. (Ord. 2085, § 2 (part), 2011) 2012 S-31 175 Signs Table 19.104.250 0 U 74 cal 0• I 2 8 � 2 76. 2 w.0 N . O - ON U O eQ0 0 V 10 �'� ° � a 55 '288v' 1 30 8 °.3 OD o & .. 0 O O F CA 0 i^ G) . y , N A 0•01 a CL y & u y ,�-3, G V 7 4 02 0 S3 g ] 0 g o ^� 'S o d S 8 2 > O 2 0 O O a; z G' 0; .., o' ;l • l; • wa • 10U • .. • • .. • $. .! 1 C4 M .. I I a a a Q a . 0 z z z z U 1 'O S '. " u p o cci y ° .° « o a o C., e , w i • • • '3 U7.3 v 0 Hn " 0 i a R d �i O N A 44 O a N N 6. 0 N 0 rl C 8 2 U O 0 E 0 0 .3 0 0 ti .y z �� H 0. g ,c v 0 co H 60 7 id e G b b a u P4 c a a o C7 8 8 0 pq ] UFC4 2012 S-31 Table 19.104.250 Cupertino- Zo mn 176 t 2 a _ cB \ § . § . o � k 2 8 . « § o - . a 2 § . • k / 2 E B » , _ , ll $ _ \ § $ k / d = r § . 0 ` 0 § % I U 7 % d • \ 77 $ 7\ R 7 \: 177 Signs Table 19.104.260 U 'd ri O go y >y O o 6: o ° 4 w 4400 w � a O 2 'fi cut: 7'1 8 Pi. 1 -1 31 .5 t & o g c4 w I? 2 o 'g 00 b O■ !ILI o•• .- z • - • — • a. R, 3 � a 1 o F. p O D, in Ii w y r ° °' .pa r z a ' d Q Q Q ° ff .o n Z Z Z Z • 3 O a o ,,t 014 c to to vat g ° en �" 1 • w y O. y ed G �_ I. •., W L eV e0 O O y �0 �") a .p y TJ 41 o es 0 z E bA O O = E r= Q N n N ti, q atir � yC D N q ' ,O z z zz . w v S w c.)r al r. z nw d viw i/1 fN+1 M M g to Vi E. O 00 N O E j a O o 5 5 > � a t $ A c ' do - 3 b 8 - 0 ~ ^. G � O y � « Y p •9 yy 0 yy ° N C/ W :O O . V W a O by R • .0 • v • O CO . E-4 I di z b - Q a a ai i i 2012 S-31 Table 19.104.260 Cupertino-Zoning 178 4) o o •I E gu 0 S. vi .. 8 ° 0 a o a U b o d U U t o o s to .2— '8 ▪ a o oN a °' g E V • .p 0 • _ 0 n I. o� c 2 2 ri V . W 'tv AQ p Q > ii aCO A O w o o '8 e a 3 c i0yo0 .° � z 3 1 L x 1 Sr � 44 > II 6 ar 5 o ca a i, Q va c, w 1 -§ vi o 1 CI 0 § II U a. A c.in 0 5 g 5 i . • Z o .c ` a F o .t • g c.; 03 2012 S-31 179 Signs 19.104.270 19.104.270 Temporary Signs-Special Event 5. Tethered balloons used for promotional purposes Banners, Promotional Devices, and may not exceed twenty-five feet above the building where Portable Signs and Displays. the special event or grand opening is occurring. A. General Authorization. Special event banners, 6. Unless otherwise determined by the Director,the promotional devices, and portable signs and displays are display of the device shall be subject to the tenant schedule permitted in all commercial, industrial, office and for shopping centers as provided in Subsection institutional zoning districts subject to the issuance of a 19.104.270(E). permit by the Director which conforms to the provisions of 7. Subject to the approval of the Director and the this section. Public Works Department, a promotional device may be B. Public objectives. located within the public right of way based upon the degree 1. Enhance pedestrian experience, activity and of impact the device will have on traffic circulation as well convenience. as upon the environment of the surrounding uses. 2. Maintain the economic stability of the City by 8. Subject to the approval of the Director and the enhancing vitality of business. Public Works Department,traffic/parking directional signs 3. Provide attractive, effective and visible may be used in conjunction with a promotional device identification reflecting the individual character of the during the period of the special event or grand opening. The business. number and placement of traffic/parking directional signs C. Special event banners. The Director may issue a may be restricted by the Director or the Public Works permit for a Special Event Banner for each business within Department in order to insure adequate sight distances and the above-described zoning districts under the following traffic safety clearance are maintained as required in Section provisions: 19.104.240. 1. The banner shall only be displayed for a E. Tenant schedule: Shopping centers with approved maximum of one hundred twenty days within a three electronic readerboard signs shall only be allowed building hundred sixty-day period. mounted banners. Freestanding temporary or special event 2. The banner shall be building mounted and have signs for individual tenants are not allowed. Special event only one face not.exceeding one hundred square feet in area. signs for center-wide special events are allowed in 3. The banner shall be placed on a building in accordance with the following schedule: accordance with the limitations specified in Section 19.104.140 of this title related to building clearance and Number of Tenants Number of Signs Permitted roofline levels. 4. Unless otherwise determined by the Director,the 20 to 27 tenants --2 center displays display of the banner shall be subject to the tenant schedule for shopping centers as provided in Subsection 28 tenants or more --4 center displays 19.104.270(E) D. Promotional devices. In addition to special event F. Portable signs and displays. In addition to special banners described in division C. above, the Director may event banners and promotional devices described in divisions issue a permit for a promotional device for each business C. and D. above, the Director may issue a permit for a within the above-described zoning districts under the portable sign or display for each business location within the following provisions: above described zoning districts under the following 1. For advertising a special event for an existing provisions: business, promotional devices may be displayed for a 1. Portable signs and displays may not be located in maximum three-day period, four times within a calendar areas, either on public or private property, which are used year. by the public for vehicular or pedestrian traffic or in other 2. For conducting a grand opening of a new areas, which in the opinion of the Director, are a threat to business, promotional devices(other than search lights, hot the public health, safety or welfare. air balloons or other extremely large devices as determined 2. Portable signs and displays shall not be by the Director)may be displayed during the first year of a permanently attached to the ground or a structure on the new business's operations for the sole purpose of premises it is intended to occupy and shall only be displayed announcing the grand opening of that business. during business hours. 3. The device shall not displace parking or be 3. Design review criteria. Portable signs and located in a landscaped front set back area. displays shall be appropriately designed, installed and 4. The device shall be compatible with adjoining maintained with special emphasis on the creative design, uses, particularly residential uses. character and quality of color and material (vibrant and 2012 S-31 19.104.270 Cupertino-Zoning 180 weather resistant). They shall be complementary to the H. Removal of signs. All banners, devices, signs building architecture and the operation of the business area and displays issued under this section must be removed not and shall enhance the overall appearance and texture of the later than five days after the conclusion of the special event pedestrian shopping experience. or grand opening to which they pertain. 4. Specific standards. I. The City, pursuant to Section 19.104.340 of this code, may cause the banners, devices, signs and displays Maximum size 8 s.f remaining after expiration or revocation of the above-described five day period to be removed. Minimum height 3 ft (Ord. 2085, § 2 (part), 2011) Maximum height 4 ft 19.104.280 Temporary Window Signs. A. Window signs shall be permitted in all Maximum width 2 ft commercial zones. Min. setback from street 2 ft B. The total area of any window obscured by any curb combination of permanent and temporary window signs shall not exceed twenty-five percent of the window surface of Display Hours Business hours only each storefront bay. C. 1. Signs within a window shall be considered Min. pedestrian walkway 5 ft temporary if they remain on the window for.less than thirty days, and shall not be subject to review. Distance from: 2. Window signs intended to remain on display for Bus stop zones 15 ft more than thirty days shall be considered permanent window and/or bus stop signs as regulated by Section 19.104.150. furniture (Ord. 2085, § 2(part), 2011) Disable patking zone 4 ft 19.104.290 Exception—Findings. The Approval Body may grant an exception based upon Must not be: 1. Set in ground all the following findings: A. That the literal enforcement of the provisions of 2. Attached to trees, lamp this title will result in restrictions inconsistent with the spirit posts, utility poles, street and intent of this title; or traffic signs, benches, B. That the granting of the exception will not result hydrants, or mailboxes in a condition which is materially detrimental to the public 3. Illuminated health, safety, or welfare; and C. That the exception to be granted is one that will 4. Located in any require the least modification of the prescribed regulations required landscape and the minimum variance that will accomplish the purpose. setback area (Ord. 2085, § 2(part), 2011) S.f. = square feet; ft = feet 19.104.300 Enforcement of Provisions. The Director or his or her designee is empowered to 5. Modification of specific standards. The Director enforce the provisions and requirements of this title and to may modify the specific standards described in division 4. remove or cause to be removed any sign or other advertising above upon making a finding that special circumstances structure which has been constructed, erected, altered, unique to the site require the application of a modified relocated or maintained in violation of this title. Such standard. powers include but are not restricted to provisions and G. Retail tenants larger than 20,000 square feet may procedures set forth in the following sections of this chapter. be allowed to have one additional sign for each entrance to Decisions by the Director or his or her designee in relation the building, up to a maximum of three signs with a permit to this title may be appealed as set forth in Chapter 19.12. from the Director. One such sign may be up to six feet tall (Ord. 2085, § 2(part), 2011) and twenty-four square feet in area if the sign face is not oriented to a public right-of-way. 2012 S-31 181 Signs 19.104.310 19.104.310 Nonconforming Signs. an application must be made to the Director for sign A. Any nonconforming sign,except Landmark Signs approval. Failure to take the required action shall result in identified in Section 19.104.210,unless made to conform to a criminal or civil sanction as provided by State law or any the provisions of this title, may not be structurally altered, legal sanction or remedy set forth in this Code. expanded,moved,modified in any way, or be reestablished B. If the Director or his or her designee finds that after any temporary sign or advertising device is in violation of 1. Discontinuance for one hundred eighty days or this title or any other pertinent ordinance of the City, the more; or Director or his or her designee shall notify the owner of, or 2. Damage or destruction by intentional acts of the tenant using, the sign, in person or writing, that the sign owner and/or tenant of the property of more than fifty shall be immediately removed. percent of the sign. C. If the Director or his or her designee finds that B. Any nonconforming sign which was legally any sign or other advertising structure,whether conforming erected in accordance with the provisions of the ordinance with the ordinance or not, is an immediate peril or menace in effect at the time of erection, or which has a valid permit to the public, or to any person, the Director or his or her from the City, shall be permitted to remain until such time designee shall cause it to be summarily removed. Upon as removal, the Director or his or her designee shall give 1. There is a change in the use of the property that written notice to the owner. the sign is located on; or (Ord. 2085, § 2 (part), 2011) 2. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent 19.104.340 Authority to Remove Illegal Signs in or more of the existing site or building. The amount of Public Right-of-Way. alterations shall be cumulative over time. A. Any illegal signs in the public right-of-way may 3. At such time as any of the events mentioned in be removed immediately by the City. subsections A and B occur, the sign must be brought into B. No notice shall be required prior to removal of conformance with this title. Any business with a illegal signs,including,without limitation,temporary signs, nonconforming sign, other than a Landmark Sign as in the public right-of-way. identified in Section 19.104.210, shall not be entitled to an C. Any sign removed by the City,except any sign of additional sign unless the nonconforming sign is made to de minimus value, shall be held in storage and the owner or comply with the provisions of this title. other person in control of such sign, if known, shall be (Ord. 2085, § 2 (part), 2011) given written notice and twenty days to reclaim such sign. D. Any illegal sign in the public right-of-way of de 19.104.320 Abandoned or Discontinued Signs. minimus value shall be deemed to be abandoned and may be Any sign which pertains to a business or occupation destroyed by the City after removal. No opportunity to which is no longer using the particular sign or property, or reclaim such sign shall be given by the City. which relates to a time which no longer applies, is E. For purposes of this section, any sign made of prohibited and shall be removed. The structure and copy cardboard or other nondurable material shall be deemed to shall be blanked out or removed within thirty days after the be of de minimus value. associated business, occupation or event has vacated the (Ord. 2085, §2(part), 2011) premises. An abandoned sign is prohibited and the removal shall be the responsibility of the owner of the sign or the 19.104.350 Storage of Removed Signs. owner of the premises. Any sign removed by the Director or his or her (Ord. 2085, § 2 (part), 2011) designee,other than those referred to in Section 19.104.340, shall be stored in the City corporation yard and may be 19.104.330 Illegal Signs-Notice Required-Summary claimed within twenty days after the sign was removed, Removal Authorized When. provided that any cost incurred by the City has been paid, A. If the Director or his or her designee finds that and that a renewal of the building permit for the sign has any sign or other advertising structure has been constructed, been secured. If signs are not claimed within twenty days erected, altered, relocated or maintained in violation of any after removal by the City, the City shall dispose of the of the provisions of this title or any other pertinent ordinance signs. of the City, the Director or his or her designee shall inform (Ord. 2085, §2(part), 2011) the owner and the tenant of the property on which the sign or structure is located, in writing, that the sign or structure must be removed within ten days of receipt of the notice, or 2012 S-31 19.104.360 Cupertino-Zoning 182 19.104.360 Owner Responsible for Removal, Alteration or Relocation Costs. Any cost incurred by the City in the removal,alteration or relocation of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid by the owner or person having beneficial enjoyment of the property upon which such sign is located. (Ord. 2085, § 2 (part), 2011) 19.104.370 Illegal Signs-Deemed Public Nuisance-Court Action Authorized. In the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this title,the sign shall be considered a public nuisance and the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such person from continuing such violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. (Ord. 2085, § 2 (part), 2011) 19.104.380 Violation Deemed Infraction-Penalty. Any person, firm or corporation violating any provisions of this title shall be deemed guilty of an infraction, and upon conviction thereof,shall be punished in the same manner as other infractions provided under Chapter 1.12 of this Municipal Code. (Ord. 2085, § 2 (part), 2011) 2012 S-31 19.108.010 CHAPTER 19.108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS Section 19.108.010 Purpose. 19.108.020 Applicability of Regulations/Penalty. 19.108.020 Applicability of regulations/penalty. It is unlawful for a recycling facility to be placed, 19.108.030 Permits required. erected, moved, reconstructed or altered unless made to 19.108.040 Permits for multiple sites. comply with the provisions of this title. Violation of this 19.108.050 Criteria and standards. chapter is an infraction and is punishable as provided in Chapter 1.12 of this code. (Ord. 2085, §2(part), 2011; Ord. 1682, (part), 1995) 19.108.010 Purpose. The purpose of this chapter is to establish regulations 19.108.030 Permits Required. regarding beverage container redemption and recycling No person shall place,construct,or operate a recycling centers. facility without first obtaining a permit pursuant to the (Ord. 2085, § 2 (part), 2011; Ord. 1682, (part), 1995) provisions set forth in this section. Recycling facilities may be permitted as set forth in table 19.108.030. Table 19.108.030: Permits Required Type df Facility Zones Permitted Permit Required Indoor Reverse vending All commercial None machines Reverse vending machines • All commercial Admin. Use permit • All industrial • All planned development zones which permit commercial, office and industrial activity • BA and BQ Small collection • All commercial Admin. Use permit a. Grouping of reverse vending • All industrial b. Mobile recycling: enclosed • All planned development zones which permit vehicle commercial, office, and industrial activity • BA and BQ Small collection • All commercial Architectural and Site a. Bulk vending machines • All industrial Approval- DRC b. Kiosk units • All planned development zones which permit c. Mobile recycling: open commercial, office, and industrial activity vehicle • BA and BQ d. Mobile recycling: enclosed vehicle that utilizes external collection bins e. Unattended containers Admin. Use permit Large collection • Light industrial Conditional Use Permit • BA and BQ • All planned development which allows light industrial activities 2012 S-31 183 19.108.030 Cupertino-Zoning 184 Table 19.108.030: Permits Required (Cont.) Type of Facility Zones Permitted Permit Required Light processing • Light Industrial Conditional Use Permit • All planned development which allows light industrial activities Heavy processing • Light Industrial Conditional Use Permit • All planned development which allows light industrial activities (Ord. 2085, § 2 (part), 2011; Ord. 1682, (part), 1995) 19.108.040 Permits for Multiple Sites. A single applicant may process an application to allow more than one reverse vending machine installation or small collection facility located on different sites under the following conditions: A. The operator of each of the proposed facilities is the same; B. The proposed facilities are determined by the Director of Community Development to be similar in nature, size and intensity of activity; and C. All of the applicable criteria and standards set forth in Section 19.108.050 are met for each such proposed facility. (Ord. 2085, § 2(part), 2011; Ord. 1682, (part), 1995) 19.108.050 Criteria and Standards. The criteria and standards for recycling facilities are as set forth in Table 19.108.050: [Table begins on next page.] 2012 S-31 185 Beverage Container Redemption and Recycling Centers 19.108.050 a co .5� a a0 0 � .0 ° ° 8 .aa g „ , o .0u 01) 4. 8x .0 wi 1 N W °A i y W to .8 u 'y 0.as • 1• .5 w v .1 3) a. 4 0. w o • • c a.x 5 4 z • • 0 N b�p ° .� 0 O �, p w c�� 4 Ts= v .d 3 a� 3 •U c � y � a 5 .. 5 0 a ct ^� 0 sa 8. a :a 0 " g 3 80 g — = 208- ¢ Lo o. o w � p '5 g ". 1 a z • b 0 El 0 0 o 0 , b b ° ? , :.d a >, o ° O >, N 5 a .- 8 ' O ba ° b a > P ,> . U o 0 'C7 'o F„ U. e.0 a g o ' 4 a i 0 .. 8 :2 o •§ E t':0 o , o .0 '00 °C c a" -' a 0 0 • 0 ai pin ' a g '" 5 ° u ° t a' a a s o w .0 w ,., a U v, ag w 0 r„ c4 1 c.) . ."E' gAcaltr, • - V ..0 0 f >,� > > 0 4 A c I .0 '> w ° ¢ M >• ° ° a . 0 O • . 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CZ cc .40A4-, o �" E-4 A .4 cn 01 CO El 0 .1. 15 I Hi 1 74 av • El 4) oci ( o 0 • a cn .. 2012 S-31 19.112.010 CHAPTER 19.112: SECOND DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES Section 19.112.010 Purpose. 19.112.020 Applicability of Regulations. 19.112.020 Applicability of regulations. Notwithstanding any provision of this title to the 19.112.030 Site development regulations. contrary, a second dwelling unit is permitted on lots in R-1, 19.112.040 Architectural review. RHS, A and A-1 zoning districts, provided that in addition 19.112.050 Nonconforming and illegal second to complying with the site development regulations specified dwelling units. in those districts for dwelling units, such second dwelling unit complies with the regulations contained in this chapter and Chapter 19.80. 19.112.010 Purpose. (Ord. 2085, §2(part), 2011;Ord. 1901, (part), 2002;Ord. The purpose of this chapter is to promote the goal of 1601, Exh. A (part), 1992) affordable housing within the City through provision of additional housing in certain residential and agricultural 19.112.030 Site Development Regulations. zoning districts which would otherwise be prohibited in Site Development Regulations for Second Dwellings those districts, in a manner which minimizes adverse are as identified in Table 19.112.030. impacts to neighborhoods. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) Table 19.112.030: Site Development Regulations Lots < 10,000 s.f Lots 10,000 s.f. A. Maximum size of living space, exclusive of 640 s.f. 800 s.f. decks and garages B. Location Must be attached to the May be attached or detached. principal dwelling and If detached must conform with integrated with it unless it Section 19.112.050. conforms with Section 19.112.050. C. Direct Outside Access Must be provided without going through the principal dwelling. D. Screening from a public street All accessed to secondary units shall be screened from a public street. E. Second-story second dwelling unit Allowed if: a. It is attached to the primary residence b. Entry to the second dwelling unit is not provided by an exterior staircase; and c. In the opinion of the Director of Community Development, the second unit does not result in privacy intrusion to adjoining dwellings. 2012 S-31 193 19.112.030 Cupertino -Zoning 194 Table 19.112.030: Site Development Regulations (Cont.) Lots < 10,000 s.f Lots z 10,000 s.f. F. Parking One additional off-street parking space shall be provided, if the principal dwelling unit has less than the minimum off-street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124. (Ord. 2085, § 2(part), 2011) 19.112.040 Architectural Review. Prior to issuance of a building permit for a second dwelling unit, the Director of Community Development shall review the architecture of the proposed dwelling and shall determine that: A. The design of the proposed second dwelling unit is consistent with the architecture of the principal dwelling; B. The building materials of the proposed second unit are compatible with the materials,color and textures of the principal dwelling; C. The proposed second dwelling unit will not require excessive grading which is visible from a public street or adjoining private property. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.112.050 Nonconforming and Illegal Second Dwelling Units. A. A second dwelling which was constructed prior to the enactment by the City of any ordinance which regulates second dwellings in R-1, RHS, A or A-1 zoning districts but which was constructed in conformance with applicable site development and building code regulations in effect at the time of construction is governed by the provisions of Chapter 19.140. B. Illegal Second Units. A second dwelling which was constructed without a building permit or in conflict with the applicable site development or building regulations at the time of construction may only be permitted upon the owner of such a unit obtaining approval of the Design Review Committee, based upon the Architectural review criteria stated in Section 19.112.040. (Ord. 2085, §2(part),2011; Ord. 1901,(part), 2002;Ord. 1601, Exh. A(part), 1992) 2012 S-31 19.116.010 CHAPTER 19.116: CONVERSIONS OF APARTMENT PROJECTS TO COMMON INTEREST DEVELOPMENTS Section 19.116.010 Purpose. of the proposed conversion. The developer shall provide a 19.116.020 Applicability of regulations. relocation/displacement plan which illustrates that sufficient 19.116.030 General regulations. replacement housing is available in the housing market area 19.116.040 Parking. within a price range which is equal to or is less than 19.116.050 Application requirements. twenty-five percent of the household income of the tenants 19.116.060 Application procedures. to be displaced, or not to exceed the rent being paid for the existing rental unit to be converted, whichever is higher. ii. As used in this section "housing market area" 19.116.010 Purpose. means that area bounded by Fremont Avenue located in the The purpose of this chapter is as follows: City of Sunnyvale, to the north, Lawrence Expressway to A. To regulate conversion of apartments and other the east, Prospect Road to the south, hence along a line forms of rental housing units to condominiums and other generally following the westerly boundary of the Cupertino common interest developments in order to provide for the Urban Service Area northerly to Highway 280, hence housing needs of all economic segments of the community; easterly along Highway 280 to Foothill Boulevard, hence B. To ensure that such conversions do not conflict northerly along Foothill Boulevard to Homestead Road, with the goals or policies of the General Plan of the City of hence easterly along Homestead to Highway 85, hence Cupertino; northerly along Highway 85 to Fremont Avenue. C. To provide tenant and buyer protection relating to b. Replacement housing must be shown to meet any displacement and relocation of renters, ensuring that special needs of disabled tenants, which are presently purchasers are informed regarding the structural integrity of available in the project proposed to be converted, such as buildings and the on-site utility system, and ensuring that facilities for the handicapped, elderly, families with such buildings and utility systems reasonably comply with children, and availability of public transportation for the all current codes which may directly impact the health and elderly or residents who do not own an automobile.The plan safety of future residences, including codes related to noise shall also demonstrate that all other provisions relating to and insulation standards. tenant protection addressed in the chapter have been (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), fulfilled. 1992) c. A developer may meet the above requirements through the provision of mitigating factors to diminish the 19.116.020 Applicability of Regulations. number and/or aid relocation of,displaced tenants within the No apartment project may be converted to a common project. Such mitigating measures may include,but are not interest development otherwise than in conformance with the limited to, discounting the price of project units to tenant provisions of this chapter. buyers, offering a moving allowance, extending leases, or (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), providing below-market-rate units. 1992) d. Notwithstanding the above provisions,in no case shall an apartment house be converted to a common interest 19.116.030 General Regulations. development when the vacancy rate for apartment houses A. Community Impacts. within the housing market area is less than five percent at 1. Residential Displacement. the time of application and has averaged five percent over a. i. In no case shall an apartment project be the past six months as determined by surveys conducted by converted to a common interest development unless and until the Director of Community Development. it can reasonably be demonstrated that comparable 1. Conformity with the General Plan.No conversion replacement housing exists within the housing market area of apartment houses to community houses to common to accommodate those residents displaced as a direct result interest developments shall be permitted unless and until the 2012 S-31 195 19.116.030 Cupertino-Zoning 196 City Council of the City of Cupertino finds that the proposed constructed with a structural section and site dimensions in conversion will not conflict with the housing goals and accordance with the standards of the City of Cupertino and policies of the General Plan and will not adversely impact shall be designed to ensure that access for municipal services the local school system. shall not be denied any dwelling unit therein by reason of 2. Prohibition of Discriminating Against Prospective deteriorated or impassable private streets, driveways or Buyers with Children. In no case shall a common interest parking areas, as determined by the Director of Public development which has been converted, and which can Works or his or her designee. reasonably accommodate children, as determined in each 2. Sewage collection and water distribution lines on case by the City Council, limit initial sales to households or private property and property under common ownership individuals without children. shall be covered by one of the following responsibilities. B. Tenant Protection. a. All lines owned and maintained by the 1. The developer shall provide each tenant an corporations shall be constructed to the City of Cupertino irrevocable, nontransferable, preemptive right to purchase Standard Specifications for Public Works. Water metering a unit or right of exclusive occupancy at a price not greater and billing shall be provided at each individual townhouse than the price offered to the general public for such unit. lot as well as for the entire development using a master Such right shall be irrevocable for a period of ninety days meter. The difference between the sum of the individual after the commencement of sales or the issuance of the final meters and the reading of the master meter will be billed to public report by the real estate commissioner. Tenants shall the corporate structure. A separate sewer lateral shall be have the right to the unit presently occupied and then to provided to serve each individual parcel. other units in the project only after they have been declined b. All lines to be owned and maintained by the City for purchase and vacated by the occupying tenants. In no of Cupertino, a private water utility and/or the Cupertino case shall an existing tenant have a preemptive right to more Sanitary District shall be placed in asphalt concrete than one unit. driveways, or a covered concrete line trench, acceptable to 2. The developer shall offer a ninety-day extension the Director of Public Works,or appropriate representation of tenancy after the expiration of a lease or rental agreement of the private water utility or sanitary district (with the which would expire prior to or at the time of commencement necessary public utility easement running through the of sales or issuance of the final public report by the real project)so as to provide accessibility for the maintenance of estate commissioner. the lines. A water meter and sewer lateral shall be provided 3. The developer shall permit a tenant to terminate to serve each individual parcel. any lease or rental agreement without any penalty c. In cases of conversion to a common interest whatsoever after notice has been given of the intention to development not involving individual ownership of separate convert to community housing if such tenant notifies the parcels (e.g., community apartments, stock cooperatives, developer in writing thirty days in advance of such planned developments, etc.), separate utility services will termination. not be required. In these cases,utilities will be billed to the C. Buyer Protection. The developer shall furnish homeowners association and a cash deposit to secure each prospective purchaser of a unit, a true copy of the payment of the bill will be required. conditional use permit issued under this chapter and a copy 3. Undergrounding Requirements. All structures of each of the following informational documents(the permit being converted from individual, corporate or partnership and documents shall be printed in Spanish or the purchaser's ownership of apartment houses to common interest native language if requested): developments shall, within the exterior boundary lines of 1. Property report; such property, have all electrical, communication and 2. Structural pest control report; similar distribution, service wires and/or cables placed 3. Structural report and building department report; underground. 4. Building history report; 4. Compliance with Codes. The design, 5. Statement of compliance(Form 643)pursuant to improvement and/or construction of a common interest 10 California Administrative Code, Section 2792.9, or its development shall conform to and be in full accordance with successor, relating to operating and maintenance funds all requirements of all building, fire and housing codes, during startup; zoning provisions and other applicable local,State or federal 6. Soils report as determined in each case by the laws or ordinances relating to protection of public health and Director of Planning and Development; safety,in effect at the time of the filing of the tentative map. 7. Certificate of compliance. Also, any violations of the latest adopted edition of the D. Building and Site Improvements. Uniform Housing Code as prepared by the International 1. All private streets, driveways and parking areas Conference of Building Officials, or its successor, relating for the common interest developments shall be improved and specifically to provisions protecting health and safety of 2012 S-31 197 Conversions of Apartment Projects to Common Interest Developments 19.116.030 residents,shall be corrected,and any equipment or facilities 10. Private and Common Area Open Space. The which the Building Official determines are deteriorated or Planning Commission and City Council shall review the hazardous shall be repaired or replaced. In particular, the adequacy of open space in terms of area and privacy developer shall repair or replace any damaged or infested standards. Private outdoor space shall be provided for each areas in need of repair or replacement as shown in the unit, where practical. The amount of space shall be structural pest report. The interpretation of what constitutes determined in each case by the size of the unit and amount a hazard to public health and safety shall be made by the of common open space. Adjoining units shall be redesigned Director of Community Development, or his or her or landscaped in such a manner so as to preclude visual designee. intrusion into private outdoor yards or interior spaces,where 5. Separate Metering. The consumption of gas and practical. electricity within each dwelling unit shall be separately 11. Noise Mitigation. Appropriate site design and metered so that the unit owner can be separately billed for construction techniques shall be utilized to ensure isolation each utility. The requirements of this subsection may be from excessive noise sources outside of the project boundary waived where the Director of Community Development and to ensure acoustical privacy between adjoining units. If finds that such would not be practical or reasonable. In all the Director of Community Development determines that an cases, a water shutoff valve shall be provided for each unit. excessive external noise source exists, the developer shall 6. Shock Mounting of Mechanical Equipment. All retain an acoustical engineer to evaluate the noise impact on permanent mechanical equipment, including domestic the proposed residential development and develop mitigation appliances, which is determined by the building official to measures. The construction shall comply with the applicable be a source or a potential source of vibration or noise, shall City ordinances and State codes relating to sound be shock-mounted, isolated from the floor and ceiling, or transmission control to ensure acoustical privacy between otherwise installed in a manner approved by the Building adjoining dwelling units. Official to lessen the transmission of vibration and noise. 12. Interim Maintenance Standards. The developer 7. Separate Electrical Panel Boards. Each unit shall shall be responsible for improving and maintaining the have its own panel board of adequate capacity to structures and landscaping in accordance with the approved accommodate all'electrical outlets which serve that unit. architectural and landscaping plans and good maintenance 8. Impact Sound Insulation. The applicant/owner practices prior to turning them over to the homeowners shall demonstrate that wall and ceiling assemblies conform association. A performance bond shall be collected to to the sound insulation performance criteria promulgated in ensure compliance with this requirement. Title 25, California Administrative Code, Section 1092, or (Ord. 2085, §2(part),2011;Ord. 1784, (part), 1998; Ord. its successor, and that any floor covering which is replaced 1601, Exh. A (part), 1992) similarly provides the same or greater insulation qualities. 9. Storage Requirements. Private, enclosed, 19.116.040 Parking. weatherproofed and lockable outdoor storage space shall be A. Off-Street Parking. The project shall provide provided for each dwelling unit according to the following parking consistent with the multifamily zone and the owner schedule: shall demonstrate that additional spaces exist to reasonably accommodate guest parking. B. Applicability of City Ordinances Regulating Number of Minimum Space Least Parking of Trailers and Recreational Vehicles,Etc. Chapter Bedrooms in Cubic Feet Dimension 19.124, regulating parking and trailers, repairing vehicles, Studio or 1 150 2 feet etc., shall apply to the private street and to all parking along such street. The parking of recreational vehicles such as 2 200 2 feet boats,trailers,etc.,shall be prohibited throughout the entire development unless such parking is within an enclosed area. 3 250 2 feet Vehicular curb parking along the private street shall be 4 300 2 feet prohibited except in designated areas. Appropriate "No Parking" signs shall be installed by the applicant. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), The above space shall be provided in the garage or 1992) parking area or contiguous to each unit. This requirement may be waived by the Director of Community Development 19.116.050 Application Requirements. if it is determined that sufficient storage space exists to A. In addition to the requirements of Title 18 of this reasonably fill this standard. code (subdivisions) and the Subdivision Map Act, an 2012 S-31 19.116.050 Cupertino-Zoning 198 application for the conversion of rental housing into reports on the absence or presence of wood-destroying pests community housing shall require the submittal of the or organisms; following data,which data must be submitted to the Director 9. A structural report describing the physical of Community Development at the same time the tentative elements of the project shall be submitted to the Planning map is submitted: Department with the final map. The report shall also 1. A complete legal description of the property; identify any structural elements which are known to be 2. Certification that all tenants in any buildings or structurally defective or unsafe so as to impose a hazard to structure proposed to be converted have been notified the health and safety of the occupants or users of the individually and in writing prior to the time of filing an improvements. The Director of Community Development application hereunder; shall maintain a form containing a reasonable list of physical 3. A boundary map showing the existing topography elements to be described in the report, which form shall be of the site and the location of all existing easements, made available to the applicant. The applicant shall arrange structures and other improvements, and trees over four for project inspections by the Building Department to verify inches in diameter; the accuracy of the deficiencies noted in the structural 4. The proposed organizational documents. In report. The Building Official shall prepare a report detailing addition to such covenants, conditions and restrictions that building code deficiencies or other health and safety may be required by the Department of Real Estate of the deficiencies which must be corrected prior to sale of units of State of California pursuant to Title 6 (Condominiums) of occupancy; the Civil Code or other State laws or policies, the 10. A building history report including the following: organization documents shall provide for the following: a. The date of construction of all elements of the a. Conveyance of units, project, b. Assignment of parking and management of b. A statement of the major uses of the project since common areas within the project, construction, c. A proposed annual operating budget containing a c. The date and description of each major repair of sinking fund to accumulate reserve funds to pay for major any element since the date of construction, anticipated maintenance, repair or replacement expenses, d. The date and description of each major renovation d. FHA regulatory agreement, if any, of any element since the date of construction, e. The most recent balance sheet of the association, e. A statement regarding current ownership of all 5. A provision that the annual assessments to improvements and underlying land, members of any association shall provide for penalties for f. The name and address of each present tenant of late payments and reasonable attorney's fees and costs in the the project, event of default of the members; g. Failure to provide information required by 6. Allow the association to terminate the contract of subsections Al through A6 of this section, inclusive, shall any person or organization engaged by the developer to be accompanied by an affidavit, given under penalty of perform management or maintenance duties after any perjury, setting forth in detail all efforts undertaken to association assumes control of the project or any time discover such information and all reasons why such thereafter; information cannot be obtained; 7. A property report describing the condition and 11. A rental history detailing the size in square estimating the remaining useful life of each of the following footage, the current or last rental rate, the monthly rental elements of each structure situated within the project rate for the preceding two years, and the monthly vacancy proposed for conversion: roofs, foundations,exterior paint, over the preceding two years of each rental unit proposed to paved surfaces, mechanical systems, electrical systems, be converted; plumbing systems, including sewage systems, sprinkler 12. Condominium Plan. The application for final systems for landscaping,utility delivery systems, central or subdivision map shall include a copy of the condominium community heating and air conditioning systems, fire plan prepared pursuant to the Civil Code,Section 1351. The protection systems including any automatic sprinkler plan shall be submitted for the information of the local systems,alarm systems,or standpipe systems,and structural governing body and need not be part of the subdivision map; elements. Such report shall be prepared by a registered civil 13. Project Organization. A written description or structural engineer, or a licensed general building regarding the proposed project organization including the contractor or general engineering contractor; use and control of the common elements and recreation 8. A structural pest report prepared by a licensed facilities within the project shall be submitted to the structural pest control operator pursuant to Section 8516 of Planning Department with the tentative map. The statement the Business and Professions Code, relating to written shall detail any proposed control of common facilities to be 2012 S-31 199 Conversions of Apartment Projects to Common Interest Developments 19.116.050 retained by the developer or to be owned or maintained by 18. All information required by Chapter 19.12 and any other organization other than the homeowners Chapter 19.80, and such information which the Planning association or unit owners. Commission or the Director of Community Development 14. A true copy of each application submitted for determines is necessary to evaluate the proposed project. issuance of a fmal public report to the Department of Real (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), Estate of the State of California for the project proposed for 1992) conversion including all attachments and exhibits thereto required by the Department pursuant to Section 11011 of the 19.116.060 Application Procedures. Business and Professions Code.A true copy of the statement A. Zoning.Any apartment house project proposed to of compliance (Form 643 as amended) pursuant to 10 be converted to a common interest development shall be California Administrative Code, Section 2792.9, or its rezoned to the R1C (single-family cluster) or P (planned successor, relating fo operating and maintenance funds development project with single-family residential intent) during the startup. A statement whether the developer will zoning district. provide any capital contribution to our association for B. Use Permit and Tentative Map or Parcel Map deferred maintenance of the common areas, and if so, the Required. No conversion shall be permitted unless and until sum and date on which the association will receive said sum; a conditional use permit and tentative map or parcel map has 15. A true copy of the supplemental questionnaire for been applied for and issued pursuant to and in accordance apartments converted to common interest developments with the provisions of this chapter and the requirements of submitted to the Department of Real Estate of the State of the Subdivision Map Act or its successor. California for the project proposed for conversion,and shall C. Property and Structural Pest Report. include all attachments and exhibits thereto; provided, 1. After reviewing the property, structural and however, that to the extent the information required to be structural pest reports required to be submitted pursuant to furnished pursuant to subsections A14 and A15 of this Section 19.116.050A8 and inspecting the structures situated section is not available at the time of application, any within the project when he or she deems such inspection conditional use permit issued under this part shall require the necessary, the Building Official shall identify all items if developer to furnish such information to the City within ten evidenced by such reports and/or inspection to be hazardous days of issuance by the Department of Real Estate; to the life,health or safety of the occupants of such structure 16. Relocation Displacement Plan. A relocation within the project,or the general public. Each permit issued displacement plan shall detail the number of residents which hereunder shall require all of such items to be corrected to will be displaced as a result of the proposed conversion and the satisfaction of the Building Official. document the reasonable availability of comparable 2. The Building Official shall review the property replacement housing in the Cupertino area within a rental report and may require its revision and resubmission if he or range equal to the range which the tenants have paid as she determines that substantial evidence shows that any detailed in a rental report(See Section 19.116.050A11) or statement therein is without foundation or fact. The report within a price range which is equal to or less than may be revised to reflect improvement, repair or twenty-five percent of the income range of each household replacement. to be displaced as a result of the conversion whichever is D. Organizational Document Review. The higher. Additionally, replacement housing must be shown organizational documents shall be submitted to the City to meet any special needs, which are presently available in Attorney for a determination that such documents comply the project, of displaced tenants such as facilities for the with the requirements of this chapter and the applicable State handicapped, elderly, households with children, and laws. availability of public transportation for the elderly or E. Compliance with Housing, Building Codes and resident buyers who are temporarily displaced pending Fire Regulations. If the proposed project does not comply completion of improvements to the units being purchased; with the provisions of the State of California Uniform 17. Soils Report. A true copy of the soils report Building Code and regulations of the Santa Clara Central originally prepared for the subject property. In cases where Fire Protection District, and/or the Building Official a soils report has never been prepared or when information identifies items to be corrected as provided in the above,any in previous reports is considered insufficient as determined use permit issued pursuant to this part shall require the by the Director of Planning and Development, then the developer to furnish a bond, in a penal amount equal to the developer shall provide a soils report prepared by a reasonable estimated cost to bring their project into registered civil engineer, or equivalent, which details compliance with such codes, such fire regulations and/or information as determined by the Director of Public Works; such identified items to be corrected. The bond shall run in 2012 S-31 19.116.060 Cupertino-Zoning 200 favor of the individual purchasers and the homeowners association and shall provide for reasonable attorney's fees in the event of default by the principal. The City shall hold the bond pending issuance of the certificate of completion. F. Public Hearings. 1. The tentative map, use permit and rezoning portion of the application will be heard in a public hearing before the Planning Commission.The Planning Commission will recommend either approval or denial to the City Council. If the City Council approves the proposed conversion,the applicant will be required to submit detailed site improvement plans to the Planning Commission for any exterior alterations or improvements to the buildings and/or landscaping. 2. The Planning Commission will make a final recommendation to the City Council regarding the improvements. The City Council's fmal action will be a review of the architectural plan and fmal map to determine approval or denial of the project. G. Letter Certifying Compliance. The Director of Community Development shall cause a final inspection of all buildings and structures to be made, upon request by the developer,to determine that the requirements of this chapter have been fulfilled. The Building Official shall then mark the inspection report to show the corrections, repairs and replacements whin have been made. If complete, the Director will cause to be issued a letter certifying compliance with all of the conditions and approvals and with this title and authorize sale and/or occupancy of the units. No building or unit applied for under this chapter shall be sold without the letter certifying compliance and approving occupancy. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2012 S-31 19.120.010 CHAPTER 19.120: HOME OCCUPATIONS Section 19.120.010 Purpose. home occupations shall be subject to all provisions of the 19.120.020 General requirements. Cupertino Municipal Code regulating the issuance of 19.120.030 Standards. business licenses. 19.120.040 Interpretation of standards. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 19.120.050 Excluded occupations. 1992) 19.120.060 Nonconforming uses. 19.120.030 Standards. The requirements set out in Table 19.120.030 must be 19.120.010 Purpose. met at the establishment of the home occupation, and A. The purpose of this chapter is to permit and maintained on a continuing basis during operation of the regulate the conduct of home occupations as an accessory business activity. use in a residence, whether owner or renter occupied, and to ensure that such home occupations are compatible with [Table begins on next page.] the neighborhoods in which they are located. The intent is to protect residential areas from adverse effects of activities associated with home occupations,while allowing residents of the community to use their homes as a workplace and a source of livelihood under certain conditions. B. The City acknowledges that changes in technology and composition of the work force,among other factors,have contributed to a growing interest on the part of Cupertino citizens to live and work in their homes.The City also fords that home business enterprises can help reduce commuter-traffic impacts, reduce or eliminate child care expenses for people with young families, and provide the opportunity to test creative business ventures with greatly reduced startup costs. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.120.020 General Requirements. A. Home occupations conducted in accordance with the provisions of this chapter shall be permitted in residential zones,and in other areas where residential use is allowed, provided that the occupation is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the residential character thereof;and provided that such occupation is not detrimental to the health, safety, public welfare and property values in the neighborhood. B. Authorization to establish a home occupation shall be evidenced by payment of a business tax and the issuance of a City of Cupertino business license tax certificate. All 2012 S-31 201 19.120.030 Cupertino-Zoning 202 Table 19.120.030: Standards Topic Regulatory Intent Specific Standard Location Prevent intrusion of light, noise and -Confine home occupation to main unsightly conditions from disturbing dwelling or accessory building neighbors -Garage area may be used if the minimum required number of vehicles can be parked inside during non-business hours. Home occupation activity within garage areas is limited to the hours of 8:00 a.m. to 8:00 p.m. -Rear and side yards may be used for horticulture; no storage -Front yards, driveways may not be used for home occupation purposes Appearance Maintain visual character of the -The entrance to the space devoted to structure as a residence the home occupation shall be from within the main building -There shall be no internal or external alterations or construction not customarily found in residences Display Maintain visual character of structure as -Home occupations shall involve no a residence exterior display of merchandise or • stock in trade for sale Sales activity Restrict scope of business activity to -Direct sale of products off display ensure that residential use remains shelves or racks to the general public is primary prohibited; however, an order may be filled on the premises if placed earlier by a customer using telephone or mail order communications, or through attendance of sales party -Parties for the purpose of selling or taking orders for merchandise shall not be held more than two times in any month -Home occupations which involve the sale or rental of vehicles or vessels shall not be permitted to keep any vehicles on the premises at any time, or to deliver such vehicles to renters or purchasers on the premises Intrusive effects Ensure that processes, tools and hours -All home occupation activities shall of operation do not disturb neighbors comply with City noise ordinance through noise, odor, vibration, daytime/nighttime limitations TV/radio interference -All home occupations shall be conducted so as to maintain emissions at nonintrusive levels -Appropriate equipment shall be installed to reduce emissions to nonintrusive levels 2012 S-31 203 Home Occupations 19.120.030 Table 19.120.030: Standards (Cont.) Topic Regulatory Intent Specific Standard Traffic Ensure that pedestrian, automobile or -Deliveries to and from the premises truck traffic, or parking demand is not restricted per the Municipal Code significantly above normal levels for that zone Employment Ensure that traffic is riot significantly - Home occupations shall be carried on above normal levels for that zone by members of the household occupying the dwelling, with not more than one additional person employed on the premises who is not a resident thereof. This shall not exclude the employment of domestic servants, gardeners, janitors, or other persons concerned in the operation or maintenance of the dwelling, whether living on the premises or not. Utility service Maintain residential scale of utility -Home occupation activity requiring a services to limit business activity to an water meter above the size customary incidental use to a residence in that zone is prohibited • -Electrical panel restricted to size customary to a residence in that zone Business vehicle Restrict number, size and keeping of -No more than one vehicle primarily vehicles to reduce parking demand and used for business purposes may be maintain residential srreetscape parked per site -Size limited to passenger auto, pickup truck or similar van Storage Ensure that stored materials do not take -Storage outside of an enclosed up required parking space or structure is prohibited accumulate in yards -Garage storage of materials is allowed if the remaining space allows parking of the required number of vehicles Signs Prohibit use of signs unless legally -Legally required signs are restricted to required a maximum one square foot area -Signs shall not be placed on the roof or within the required setback areas Cumulative effects Ensure that multiple;:come occupations -Cumulative impact of each home at a site do not exceed single-activity occupation shall not exceed the limits performance levels set forth in any portion of this section (Ord. 2085, § 2(part), 2011; Ord. 1601, Exh. A (part), 1992) 2012 S-31 19.120.040 Cupertino-Zoning 204 19.120.040 Interpretation of Standards. The Director of Community Development, or the Planning Commission upon appeal, may interpret a proposed use as an acceptable home occupation activity,but may determine that the use is of an unusual nature or intensity such that the applicant may be required to obtain a conditional use permit from the Director of Community Development prior to commencing business activity, in accordance with the procedures outlined in Chapter 19.156. (Ord. 2085, §2(part),2011;Ord. 1637,(part), 1993;Ord. 1601, Exh. A(part), 1992) 19.120.050 Excluded Occupations. The occupations listed below, shall not be considered incidental and secondary to the use of a residence for dwelling purposes and are therefore prohibited in residential zones: A. Automobile repair shops, including paint and body work; B. Barbershops and beauty parlors; C. Boarding and/or rooming homes for more than two guests; D. Clinics and hospitals, also veterinary (animal) clinics and hospitals; E. Kennels and other boarding for pets, in excess of the number of animals allowed in the base zoning district where specified; F. Medical offices for physicians, dentists, osteopaths, and other practitioners; G. Private schools with organized classes; H. Upholstery, small engine repair, welding shops; I. Other uses which are found by the Community Development Director to be of similar intensity and characteristics of use to those enumerated in this section, and are thus inconsistent with the stated purposes of this chapter. (Ord. 2085, §2(part),2011;Ord. 1784, (part), 1998;Ord. 1601, Exh. A (part), 1992) 19.120.060 Nonconforming Uses. Notwithstanding the provisions of this chapter, all home occupations which exist as nonconforming uses in any residential zone or in other areas where residential uses are allowed, shall be allowed to continue as legal, nonconforming uses subject to the provisions of Chapter 19.140. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2012 S-31 19.124.010 CHAPTER 19.124: PARKING REGULATIONS Section 19.124.010 Purpose. 19.124.020 Applicability of Regulations. 19.124.020 Applicability of regulations. A. No vehicle may be parked, stored or kept on any 19.124.030 Regulations for parking and keeping parcel of land within the City of Cupertino otherwise than in vehicles in various zones. conformance with the provisions of this chapter. 19.124.040 Regulations for off-street parking. B. Buildings, structures and land uses are required 19.124.050 Exceptions-Approval authority. to provide off-street parking in conformance with this 19.124.060 Exceptions-Findings. chapter. The standards and regulations contained in this chapter regulate off-street parking for conventional zoning districts and are intended also as guidelines for development 19.124.010 Purpose. projects located in planned development (P) zones and at The purpose of this chapter is to regulate the parking congregate residences and residential care facilities. of vehicles which are unsightly, oversized, or which are (Ord. 2085, §2(part),2011;Ord. 1940, (part), 2004;Ord. detrimental to property values or the peace and enjoyment of 1737, (part), 1996;Ord. 1688, §3(part), 1995;Ord. 1601, neighboring property owners or residents and establish Exh. A (part), 1992) regulations pertaining to the design and number of off-street parking spaces for land use activities located in various 19.124.030 Regulations for Parking and Keeping zoning districts. • Vehicles in Various Zones. (Ord. 2085, §2(part),2011; Ord. 1940,(part),2004; Ord. A. Table 19.124.030A sets forth the rules and 1737, (part), 1996; Ord. 1601, Exh. A (part), 1992) regulations that pertain to Vehicles Permitted in Residential Zones. Table 19.124.030A -Regulations for Parking and Keeping Vehicles in Various Zones 1. Front yard, Street side setback area or within 12 Vehicles may be placed, kept or parked in these areas feet of a public right-of-way in a rear yard area subject to the restrictions below. a. Maximum Number of Vehicles i. Residential zoning district requiring a lot size s 10,000 square feet = four. ii. Other residential zoning districts = six. iii. A greater number of vehicles may be approved by the City in conjunction with a development permit. iv. For purposes of counting vehicles, vertically stacked components which belong together shall be counted as a single vehicle. E.g., a camper mounted on a pickup truck. v. Horizontal groupings shall be counted as two vehicles. b. Vehicle with trash or debris Open vehicles containing trash or debris are prohibited. c. Overhang No portion of any vehicle may overhang any public right-of-way. 2012 S-31 205 19.124.030 Cupertino-Zoning 206 Table 19.124.030A -Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) 1. Front yard, Street side setback area or within 12 Vehicles may be placed, kept or parked in these areas (Cont.) feet of a public right-of-way in a rear yard area subject to the restrictions below. d. Parking pad materials i. All vehicles must be parked on a permanent impervious or semi-pervious surface. ii. Semi-pervious surfaces include unit pavers, turf block, brick, cobbles, gravel or other like materials that must allow for partial filtration of water and must prevent direct contact with soil. iii. Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. e. Front yard Impervious Area Limitation i. Lots > 60 feet in width, maximum impervious area = 40% of front yard area. ii. Lots s 60 feet in width, maximum impervious area = 50% of front yard area. f. Registration/PNO required i. Vehicles must be either currently registered, where registration is required for legal operation and in good operating conditions or ii. Vehicles must have a planned non-operation permit on file with the Department of Motor Vehicles. g. Driveway width for detached garage or carport i. Lots s 150 feet in length, driveway width = 10 feet ii. Lots > 150 feet in length, driveway width = 12 feet h. Driveway clearance In new residential development, driveways shall have a minimum clearance of two feet from a building wall, fence, or property line. i. Orientation of Parked Vehicles i. All vehicles parked in the front or street yard setback area must be parked perpendicular to the street, except on lots with circular driveways which conform to the provisions of this code. ii. On lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area are limited to less than twenty feet in length, unless parked perpendicular to the street. j. Commercial Vehicles with GVW > 10,000 The following vehicles are not permitted: pounds or more or oversize vehicles i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds or more, ii. A total combination of motor truck, truck tractor and/or trailers that exceeds sixty feet in length. 2. Areas outside those in A(1) above Vehicles may be placed, kept or parked these areas, provided a minimum clearance of three feet is maintained from any structure. 2012 S-31 207 Parking Regulations 19.124.030 Table 19.124.030A -Regulations for Parking and Keeping Vehicles in Various Zones(Cont.) 3. Parking within Structures Vehicles are permitted to be placed, kept or parked in any legal structure, provided that A(4)(ii) is met. 4. Non-Self-Propelled Vehicles i. A maximum of two such vehicles are permitted to be placed, kept or parked outside a legal structure on a lot. ii. A maximum of one such vehicle can occupy a required parking space inside a legal structure. 5. Enclosed Garage Size i. Shall consist an internal area encompassing two parking spaces measuring ten feet by twenty feet each(a total of 20 feet by 20 feet)and ii. Shall provide unobstructed(i.e., by walls, appliances, etc.)between six inches from finished floor up to six feet from finished floor. 6. Legal Non-conforming Single-family Dwelling May continue their nonconformity provided that the Garages square footage necessary to legalize the garage based on this section of the ordinance be reserved from the allowable floor area ratio for a future garage upgrade. 7. Mobilehomes Mobilehomes, excluding travel trailers, are not permitted within the residential zones of the City, except in a mobilehome park or as provided by State • law. 8. Living or Sleeping Quarters No vehicle shall be used for living or sleeping quarters, except as permitted below. a. Mobilehome park Vehicles located in a mobilehome park and used consistent with any City regulations applicable to mobilehome parks are permitted. b. Trailers, Campers or Recreational Vehicles Trailers, campers or recreational vehicles may be used by a bona fide guest of a City resident for a period not to exceed seventy-two hours where the trailer, camper or recreational vehicle is located on the resident's property. B. Table 19.124.030B sets forth the rules and regulations pertaining to Vehicles Permitted in Nonresidential Zones. 1. Parking consistent with allowed uses in that zone It is unlawful for any person to place, keep or maintain or permit to be placed, kept or maintained, any vehicle upon any lot, place or parcel of land within the nonresidential zones of the City, except for storage, sale or business use as permitted in such zones. 2. Construction Trailers Trailers may be used for temporary offices on construction sites provided that a permit is obtained from the City Building Department after satisfactory information has been given that the use is in compliance with the conditions of this chapter. 2012 S-31 19.124.030 Cupertino-Zoning 208 3. Loading and Unloading and Utility Vehicles The provisions of this chapter are inapplicable to active loading or unloading of any vehicle or to any public service or utility company vehicles while in the performance of service or maintenance work. 4. Parking on Vacant Lots No vehicle may be parked, kept, or stored upon any vacant or unimproved parcel within the City. 5. Other Parking Regulations As outlined in Title 11 of the Municipal Code (Ord. 2085, §2(part), 2011) 19.124.040 Regulations for Off-Street Parking. Table 19.124.040 sets for the rules and regulations for Off-Street Parking. Table 19.124.040-Regulations for Off-Street Parking A. Parking Ratio and Dimensions Table 19.124.040(A)defines the minimum and maximum required number of parking spaces by size and type for specific zoning districts and use within districts. B. Residential Lots Fronting on If no on-street parking is available, two additional off-street spaces Public or Private Streets are required. C. Large-Family Day Care Home Requirements are in addition to minimum requirements of the zoning district. May be on-street, in front of provider's residence. If the provider is relying on on-street parking and the roadway prohibits on-street parking, a semi-circular driveway may be provided, subject to other provisions of the Municipal Code. 1. Non-resident Employee Parking Minimum of one parking space for each non-resident employee. 2. Drop-off Parking Minimum of one parking space with direct access to the unit, not crossing a street. D. Aisle Dimensions Aisle dimension shall be as required by standard details adopted by the City Engineer and shown in Table 19.124.040(B) E. Loading Areas Loading areas, truck parking spaces and parking spaces for vehicles other than automobiles shall have ample dimensions for the particular use and type of operation, and be designed as required by the City Engineer except in the case of loading areas in the OP and MP zones which are specified in Chapters 19.68 and 19.72. F. Planned Development Districts The parking requirement contained in Table 19.124.040(A) functions as guidelines for projects in planned development zoning districts. G. Mixed-Use and Shared Parking The minimum parking requirement for developments with more than one land use, or parking facilities being used by one or more properties, shall be determined using Table 19.124.040(C). H. Alternative Parking Standards For all projects not meeting parking requirements in Table 19.108.040(A), (B)or(C), alternative parking arrangements may be approved per Section 19.124.060C 2012 S-31 209 Parking Regulations 19.124.040 Table 19.124.040-Regulations for Off-Street Parking(Cont.) Tandem, Valet and Other Tandem, Valet, and other special forms of parking may be approved Special Parking Arrangements per Section 19.124.060C. J. Minimum Stall Dimensions in Uni-size space located in a parking garage or other enclosed parking Parking Structures structure intended for non-residential uses is eight and one-half(8.5) feet by eighteen(18) feet. 1. Space adjacent to a wall or Nine feet by eighteen feet. structure on one side 2. Space adjacent to a wall or Nine and one-half feet by eighteen feet. structure on both sides K. Accessible Parking for the The accessible parking requirement for the disabled is embodied in Disabled Section 1129 B of the California Building Code, as amended, is hereby incorporated into this chapter by reference. L. Heavy Equipment 1. May only be stored within entirely enclosed structures or behind six-foot-high fencing in interior side yard and rear yard setback areas; and 2. In no case shall these items be visible from the street even when placed in permitted areas. 3. The provisions in K(1) and K(2) shall not apply to heavy equipment stored on site that is being used for construction or installation of improvements with a valid building or grading permit. M. Other Regulations Outlined in Title 11 of the Municipal Code. N. Landscape Requirements Applicable to all new centers and centers with a twenty-five percent or greater increase in floor area or a twenty-five percent or greater change in floor area resulting from use permit or architectural and site approval within twelve months shall be required to meet the following minimum landscape requirements. However, the Planning Commission and/or City Council may recommend additional landscaping. 1. Minimum Interior Landscaping As required in Table 19.124.040(N)(1)below: Table 19.124.040(N)(1): Size of Parking Facility Landscaping (Sq. Minimum Required (%of Total Parking Interior Ft.) Facility Area) Under 14,999 5% 15,000-29,000 7.5% 30,000 plus 10% 2. Parking Lot trees i. Shall be planted or exist at a rate of one tree for every five parking stalls for every ten spaces in a single row. ii. Only fifty percent of the trees located along the perimeter of the parking area may count towards the required number of trees. iii. A parking facility with larger trees with high canopies may be allowed to increase the number of parking stalls (up to 10 parking stalls per tree)depending on the size of the tree and canopy size. 2012 S-31 19.124.040 Cupertino-Zoning 210 Table 19.124.040-Regulations for Off-Street Parking(Cont.) N. (Cont.) 3. Landscape Planter Strip At least three feet wide by the length of the parking space. 4. Placement of Trees Shall be offset to prevent vehicles from bumping into them. The Planning Department shall review and approve fmal tree locations. 5. Landscape Buffer(inclusive of i. When parking lot is adjacent to a street, landscape buffer = ten curbing and vehicle overhang feet wide allowance) ii. When adjacent to a side or rear property line, landscape buffer = five feet wide, iii. Buffer between double loading stalls = four feet. 6. Flat and Raised Curbs, Wheel i. Landscape areas shall be enclosed by a six-inch wide continuous Stops and Overhang into flat curb allowing parking lot run off into landscaping area, landscaped areas infiltration islands or swales. ii. Concrete wheel stops shall be placed on top of the flat curb and shall be provided at a rate of one per two stalls. iii. Landscape planter strips at the end of the parking aisles adjacent to a driveway shall be enclosed by a six-inch raised concreted curb with drainage outlets to help delineate the driveways or aisles. iv. Parking stall length may be decreased by up to two feet but must provide an equivalent vehicle overhang into landscaped areas. 7. Planter Strips i. Curbed planter strips shall be provided at the end of each parking aisle. ii. Landscape planter strip shall be at least three feet wide and the length of a parking stall. 8. Pedestrian Paths Where appropriate, provision shall be made to ensure that adequate pedestrian paths are provided throughout the parking lot/landscaped areas. 9. Minimum Tree Size Trees require to meet any section of this title shall be a minimum of fifteen gallon size. 10. Tree Protection All trees shall be protected by wheel stops, curbing, bollards or other similar barriers as appropriate. 11. Maintenance All landscaping shall be continuously maintained. O. Swales and Permeable Surfaces In order to reduce urban runoff and provide water quality benefits in parking lots, all new parking lots or any substantial alterations to existing parking lots shall incorporate the following design measures to the maximum extent possible: 1. Bio-swales Incorporate bio-swales in the required landscaping buffers. 2012 S-31 211 Parking Regulations 19.124.040 Table 19.124.040-Regulations for Off-Street Parking(Cont.) 0. (Cont.) a. Standards for bio-swales i. Long:itudinal slope of the swale shall be between one percent and five percent. ii. Swales of greater than three percent may be required to install check dams to reduce velocity through swale. iii. Side slope shall not exceed 3:1 (horizontal:vertical). iv. All swales shall be required to provide an adequate under-drain system to prevent ponding. Swales shall be designed to eliminate any ponding of water for more than forty-eight hours. 2. Permeable surfaces Use permeable or semi-permeable materials for the parking stalls 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 Facility 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 be used for multiple family residential uses. 2. Class II Facility i. Intended for short term parking. A stationary object which the user can lock the frame and both wheels with a user provided lock. ii. The facility shall be designed so that the lock is protected from physical assault. iii. A Class II facility must accept U-shaped locks and padlocks. iv. Class II facilities must be within constant visual range of persons within the adjacent building or located at street floor level. 2012 S-31 19.124.040 Cupertino-Zoning 212 Table 19.124.040-Regulations for Off-Street Parking (Cont.) P. (Cont.) 3. Class III Facility i. Intended for short-term parking. A stationary object to which the user may lock the frame and both wheels with a user provided cable or chain and lock. ii. Spacing of the bicycle units shall be designed for a handlebar width of three feet, distance from bottom of wheel to top of handlebar of three feet and six inches and a maximum wheel-to-wheel distance of six feet. Q. Parking Lot Lighting Applicable to new lighting fixtures for any new site construction shall meet the following requirements: 1. Exterior Light Color 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 for uniformity, not allowing any dark areas in the parking lot. 2. Lighting Glare i. The light fixtures shall be oriented and designed to preclude any light and direct glare to adjacent residential properties. ii. No direct off-site glare from a light source shall be visible above three feet at a public right-of-way. 3. Lighting Intensity 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. Average Horizontal Maintained Between one and three foot-candles Illumination b. Average Maximum to Minimum Should be generally between six and ten to one Ratio c. Minimum Intensity above Minimum three foot-candles vertically above the parking lot surface Parking Lot Surface shall be maintained. 4. Critical Areas Such as stairways, ramps and main walkways may have a higher illumination. 5. Automatic Teller Machines Lighting around automatic teller machines shall meet minimum (ATM) standards required by the State Business and Professions Code. 6. Shatter Resistant Lenses Shatter resistant lenses should be placed over the light to deter vandalism. 7. Underground Lighting i. Underground lighting should utilize vandal-resistant fixtures and ii. Maintain a minimum five lux level of color-corrected lighting for maximum efficiency. 8. Parking Garage Entrances Portal lighting should be provided inside all parking garages entrances. 2012 S-31 213 Parking Regulations 19.124.040 R. Parking Space Dimension Chart. Parking space dimensions shall be as shown in Table 19.124.040(A): Table 19.124.040(A) Land Use Zones Parking Ratio" Bicycle Bicycle Stall Parking Parking Clase Dimensions" Residential Single-Family R1/RHS/ 4/DU (2 garage + 2 10 x 20 ea. Al/P open) Small Lot P 2.8/DU (2 garage + 10 x 20 ea. Single-family, 0.8 open) Townhouse Duplex R2 3/DU (1 '/a enclosed 10 x 20 ea. + 1 1 open) High Density R3/P 2/DU (1 covered + 1 +40% of units Class 1 9.5 x 20 ea. Multiple-Family, open) High Density Multiple Story Condominium Public/Quasi-Public/Agriculture Churches, Clubs, BQ/CG 1/4 seats + Uni-size Lodges, Theaters 1/employee + 1/special-purpose vehicle Schools and School BA/BQ 1/employee + 1/56 Uni-size Offices sq. ft. multipurpose room + 8 visitor spaces/school + 1/3 students at senior H.S. or college level Daycare Centers CG 1/6.5 students Uni-size Martial Arts, CG CG 1/4 students plus 1/1 +5% of auto Class II UM-size Dance/Art/Music staff at any given parking Studios, Tutorial time or 1/250 Services, whichever is more specialized schools restrictive (does not include adult tutorial schools or services) Agriculture A 2 garage + 2 open 10 x 20 ea. Sanitariums and BQ 1/doctor +1/3 Uni-size Rest Homes employees + 1/6 beds 2012 S-31 19.124.040 Cupertino-Zoning 214 Table 19.124.040(A) (Cont.) Land Use Zones Parking Radom Bicycle Bicycle Stall Parking Parking Class(4) Dimensions° Private Recreation FP 1/4 seats + Uni-size 1/employee Gyms, Auditoriums, BA/BQ 1/56 sq. ft. purposes Uni-size floor area used + 1/employee Skating Rinks for seating without fixed seats Commercial Motels/Hotels/ CG 1/unit + 1/employee +5% of auto Class II Uni-size Lodging (2) (3) parking Restaurant/Bar and CG 1/3 seats + +5% of auto Class II Uni-size Nightclubs 1/employee + 1/36 parking sq. ft. of dance floor Restaurants without CG 1/4 seats + +5% of auto Class II Uni-size Separate Bar 1/employee + 1/36 parking sq. ft. of dance floor Restaurant- Fast CG 1/3 seats + +5% of auto Class II Uni-size Food 1/employee parking Specialty Foods CG 1/3 seats or 1/250 sq. +5% of auto Class II Uni-size ft. whichever is more parking Bowling Alleys CG 7/lane + 1/employee +5% of auto Class II Uni-size parking General CG 1/250 sq. ft. +5% of auto Class II Uni-size parking Industrial Manufacturing ML 1/450 sq. ft. +5% of auto Class I Uni-size parking Office/Prototype ML/OA 1/285 sq. ft. +5% of auto Class I Uni-size Manufacturing parking Office Corporate/ CG/OP 1/285 sq. ft. +5% of Class I Uni-size Administrative/ auto parking General Multi-Tenant Medical and Dental CG 1/175 sq. ft. Uni-size Office 2012 S-31 215 Parking Regulations 19.124.040 Notes: 1. Refer to Table 19.124.040(B) for uni-size stall dimensions. 2. Refer to standard details table for requirements for handicapped parking. 3. See 19.124.040(J) for stall dimensions in parking structures. 4. See 19.124.040(P)for description of bicycle parking classes. Table 19.124.040(B) Type of Parking Angle (In Stall Width Aisle Width Aisle Width Car Space Stall Degrees) (One-Way (Two-Way Depth 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 Details. i !r: Ii / j D 2012 S-31 19.124.040 Cupertino-Zoning 216 Table 19.124.040(C): Calculating Shared Parking for Mixed-Use Developments Weekday Weekend Nighttime Weekday Weekend Nighttime Daytime Evening Daytime Evening (midnight- 6:00 a.m.) (9:00 a.m. - (6:00 p.m. - (9:00 a.m. - (6:00 p.m. - 4:00 p.m.) midnight) 4:00 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% 10% Restaurant 100% 100% 100% 100% 10% Entertainment/ 40% 100% 80% 100% 10% Recreational 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. 2085, §2(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) 19.124.050 Exceptions—Approval Authority. A. Findings for an exception to allow substandard A. The Director of Community Development may sized parking spaces in an enclosed garage in the R-1 approve the following exceptions upon making the written Single-Family Zoning District: findings in Section 19.124.060: 1. The exception to be granted is one that will 1. Exceptions to this chapter for properties located require the least modification and the minimum variance to in: accomplish the purpose. a. The Single-Family (R1) Residential Zoning 2. The exception to be granted will not preclude the District; garage from being used to park two standard-sized vehicles. b. The Duplex(R2) Zoning District; B. Findings for all other parking exceptions to this 2. Single Family homes or duplexes in a Planned chapter: Development District; 1. The literal enforcement of this chapter will result 2. Tandem parking arrangements in residential in restrictions inconsistent with the spirit and intent of this zoning districts. chapter. B. The Design Review Committee may approve 2. The granting of the exception will not be injurious parking exceptions for Minor applications as identified in to property or improvements in the area nor be detrimental Section 19.12.030,upon making written findings in Section to the public safety, health and welfare. 19.124.060; 3. The exception to be granted is one that will C. The Planning Commission may approve parking require the least modification and the minimum variance to exceptions for Major applications as identified in Section accomplish the purpose. 19.12.030, upon making written findings in Section 4. The proposed exception will not result in 19.124.060. significant impacts to neighboring properties. (Ord. 2085, § 2(part), 2011) C. Projects proposing Alternative Parking Standards per Section 19.124.040(H) shall meet the following 19.124.060 Exceptions—Findings. conditions in addition to 19.124.060(B)(1)-(4): 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 2012 S-31 217 Parking Regulations 19.124.060 the proposed parking supply. Adjacent on-street parking may be included in the parking supply. b. The project is owned or managed by a single entity. c. If adjacent properties are used to share parking, they are in close proximity to each other, and reciprocal parking and access easements and maintenance agreements are recorded on the applicable properties to run with the land. (Ord. 2085, §2(part),2011; Ord. 2056, (part),2010;Ord. 1940, (part), 2004) 2012 S-31 19.128.010 CHAPTER 19.128: ADULT-ORIENTED COMMERCIAL ACTIVITIES Section 19.128.010 Purpose. proximity to and which serves residentially zoned, general 19.128.020 Application of regulations. planned or used property, or property which is zoned, 19.128.030 Regulations related to the general planned or used for public or quasi-public uses(i.e., concentration of adult-oriented churches, schools, civic buildings, public or private parks commercial activities and findings. and recreational facilities,etc.);that concern for the orderly 19.128.040 Regulations related to the proximity planning and development of a neighborhood should be of adult-oriented commercial encouraged and fostered in those persons who comprise the activities to residential, public or business, residential, public and quasi-public segments of quasi-public uses and findings. that neighborhood, and that the regulations hereinafter set forth in this chapter restricting the location of such uses with reference to public, quasi-public or residentially zoned, 19.128.010 Purpose. general planned or used property are reasonably necessary The purpose of this chapter is to establish application and will tend to prevent said deleterious effects. procedures and regulations concerning location of (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), adult-related commercial activities, as defined herein. 1992) These regulations are intended to guide future adult-related commercial activities and ensure a healthy, functional 19.128.020 Application of Regulations. environment for existing and future residents within The provisions of this chapter shall apply to all uses proposed developments and between adjoining parcels. This defined in Section 19.128.030 below or other uses which in chapter is adopted based on the following fmdings: the opinion of the City Council are of the same general A. The Council finds that certain uses of real character as the uses listed in that section. No building or property,specifically adult bookstores,adult motion picture structure shall be hereafter erected, structurally altered or theaters, adult cabarets, public dancehalls, and massage enlarged within a zoning district in the City of Cupertino, parlors, have serious objectionable characteristics, otherwise than in conformance with the provisions of this particularly when several of such uses are located in close chapter.The regulations set forth in this chapter are intended proximity to each other; that such concentration tends to to be in addition to any of the above-specified uses, and, create a"skid row" atmosphere and has a detrimental effect unless otherwise specifically provided, shall not be deemed upon the adjacent area; that regulation of the locations of to repeal or amend any other provision or provisions of the these uses is necessary to ensure that such adverse effects Cupertino Municipal Code or Zoning Ordinance which are will not contribute to the blight or downgrading of applicable to the above-mentioned uses or activities, nor be neighborhoods or deter or interfere with the operation and deemed to excuse noncompliance with any such other development of hotels,motels,and lodginghouses,and other provisions. businesses which are needed and desirable in the City; and (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), that the regulations hereinafter set forth in this chapter are 1992) reasonably necessary and will tend to prevent the clustering of such establishments. 19.128.030 Regulations Related to the B. The Council further finds that, although the Concentration of Adult-oriented control of the concentration or clustering of the above uses Commercial Activities and Findings. in any one area will tend to prevent the creation of "skid A. Notwithstanding anything elsewhere in this code row" and be otherwise beneficial to the people of the City, to the contrary, no lot or parcel of any property in any it will not prevent the deleterious effect of blight and zoning district or any building or structure thereon or any devaluation of both business, residential, public and portion thereof, shall be used for an adult bookstore, adult quasi-public property resulting from the establishment of motion picture theater, adult cabaret, public dancehall or any of the above-specified uses in a district which is in close massage parlor at a location closer than one thousand feet to 2012 S-31 :219 19.128.030 Cupertino-Zoning 220 any other such use situated within or outside the City or residentially zoned property situated within one thousand closer than one thousand feet to any hotel, motel or feet of such proposed use; lodginghouse situated within or outside the City, unless a 2. Will conform to the spirit and intent of this conditional use permit shall have been applied for and issued chapter; for such use at such location, pursuant to and in accordance 3. Will not be contrary to any program of with the provisions of Chapter 19.156. neighborhood conservation; B. In addition to the fmdings required to be made by 4. Will not interfere with any program of urban the City Council in issuing a conditional use permit pursuant renewal or redevelopment; and to the provisions of Chapter 19.156, the City Council may 5. Will be in compliance with all applicable issue a conditional use permit required by the provisions of regulations. this section subject to such conditions as it may impose only (Ord. 2085, §2(part),2011; Ord. 1784, (part), 1998; Ord. if it shall make the following fmdings. That the proposed 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) use: 1. Will not be contrary to the public interest or unreasonably injurious to the use of nearby properties; 2. Will conform to the spirit and intent of this chapter; 3. Will not enlarge or encourage the development of a "skid row" area; 4. Will not be contrary to any program of neighborhood conservation; 5. Will not interfere with any program of urban renewal or redevelopment; and 6. Will be in compliance with all applicable regulations. (Ord. 2085, §2(part),2011;Ord. 1784, (part), 1998;Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.128.040 Regulations Related to the Proximity of Adult-Oriented Commercial Activities to Residential, Public or Quasi-public Uses and Findings. A. Notwithstanding 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 or any portion thereof, shall be used for an adult bookstore, adult motion picture theater, adult cabaret, public dancehall, or massage parlor at a location closer than one thousand feet to any real property zoned,general planned or used for public, quasi-public or residential purposes, whether the parcel of property is situated within or outside the City, unless a conditional use permit shall have been applied for and issued for such use at such location,pursuant to and in accordance with the provisions of Chapter 19.156. B. In addition to the findings required to be made by the City Council in issuing a conditional use permit pursuant to the provisions of Chapter 19.156, the City Council may issue a conditional use permit required by the provisions of this section subject to such conditions as it may impose,only if it shall make the following findings. That the proposed use: 1. Will not be contrary to the public interest or unreasonably injurious to the use of public, quasi-public or 2012 S-31 19.132.010 CHAPTER 19.132: CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GASOLINE Section 19.132.010 Purpose. by the Planning Commission, and shall be based on 19.132.020 Applicability of regulations. substantial evidence in light of the entire administrative 19.132.030 Granting of use permit. record. 19.132.040 Public hearing. (Ord. 2085, §2(part), 2011; Ord. 1478, § 1 (part), 1988) 19.132.050 Use permit grant or denial—Findings. 19.132.060 Restrictions. 19.132.060 Restrictions. 19.132.070 Appeals. Notwithstanding any other provisions of law, any establishment subject to this chapter shall abide by the following restrictions. These standards are the minimum 19.132.010 Purpose. State standards which do not limit local regulation otherwise The purpose of this chapter is to establish regulations permitted under Section 23790.5 of the Business and pertaining to those establishments which concurrently sell Professions Code: motor vehicle fuel and alcoholic beverages, including beer A. No beer or wine shall be displayed within five and wine. feet of the cash register or the front door unless it is in a (Ord. 2085, § 2(part), 2011; Ord. 1478, § 1 (part), 1988) permanently affixed cooler. B. No advertisement of alcoholic beverages shall be 19.132.020 Applicability of Regulations. displayed at motor fuel islands. This chapter applies to any establishment within a C. No sale of alcoholic beverages shall be made General Commercial (CG) zone which, pursuant to a from a drive-in window. conditional use permit, sells or proposes to sell, D. No display or sale of beer or wine shall be made concurrently,alcoholic beverages,including but not limited from an ice tub. to beer and wine, and motor vehicle fuel. E. No beer or wine advertising shall be located on (Ord. 2085, §2(part), 2011; Ord. 1478, § 1 (part), 1988) motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows. 19.132.030 Granting of Use Permit. F. Employees on duty between the hours of ten p.m. An establishment subject to this chapter may be and two a.m. who sell beer or wine shall be at least permitted where it, in the opinion of the Planning twenty-one years of age. Commission, is compatible with existing and planned uses (Ord. 2085, §2(part),2011;Ord. 1731, (part), 1996;Ord. in the particular zone or neighborhood. 1478, § 1 (part), 1988) (Ord. 2085, §2(part), 2011; Ord. 1478, § 1 (part), 1988) 19.132.070 Appeals. 19.132.040 Public Hearing. Any person aggrieved by a decision of the Planning A. The Planning Commission,after having received Commission under the provisions of this chapter may appeal an application for a conditional use permit by any person the decision in accord with the provisions of Chapter 19.12. proposing a use which is subject to this chapter, shall set a (Ord. 2085, §2(part), 2011) time for the holding of a public hearing thereon. B. Any person may address the Planning Commission and present testimony regarding the particular conditional use permit application. (Ord. 2085, §2(part), 2011; Ord. 1478, § 1 (part), 1988) 19.132.050 Use Permit Grant or Denial—Findings. Written findings regarding the granting or denial of any conditional use permit subject to this chapter shall be made 2012 S-31 221 19.136.010 CHAPTER 19.136: WIRELESS COMMUNICATIONS FACILITIES Section 19.136.010 Purpose. in conformance with the provisions of this chapter and other 19.136.020 Applicability of regulations. applicable provisions of this title. 19.136.030 Site locations. (Ord. 2085, §2(part), 2011; Ord. 2038(part), 2009; Ord. 19.136.040 General site development 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992) regulations. 19.136.050 Specific site development 19.136.030 Site Locations. regulations. A. Residential and Home Occupation Aerials. 19.136.060 Design and site review. 1. Aerials intended for the private use of onsite 19.136.070 Application requirements. residents and guests and for home occupation purposes are 19.136.080 Permitting procedures and conditions allowed on all residentially zoned and used properties. of approval. B. Commercial, Office, Industrial, Public Utility 19.136.090 Height exceptions-Findings. Aerials. 19.136.100 Appeals 1. Aerials intended for commercial, office, industrial and public use are prohibited on residentially zoned and used properties, except the RHS zoning district. 19.136.010 Purpose. Aerials may also be allowed on common-interest areas of This chapter establishes regulations pertaining to the residential or mixed-use planned development zoned location, siting, development, design and permitting of properties subject to homeowner association approval, in wireless communications facilities for all zones existing in accord with the permit requirements of Section 19.136.080. this City in order to: 2. Such aerials may be allowed in all other zoning A. Facilitate the development of a wireless districts pursuant to permitting procedures established under communications infrastructure in the City for commercial, Section 19.136.080. public and emergency uses, and 3. Such aerials are allowed on utility poles and B. Protect the health, safety, welfare and aesthetic towers,regardless of the zoning district,as long as the aerial concerns of the public. complies with Section 19.136.070(C). (Ord. 2085, §2(part), 2011; Ord. 2038(part), 2009; Ord. (Ord. 2085, §2(part), 2011; Ord. 2038(part), 2009; Ord. 1736, (part), 1996; Ord..1601, Exh. A (part), 1992) 1736, (part), 1996) 19.136.020 Applicability of Regulations. 19.136.040 General Site Development Regulations. This chapter shall apply to all types of aerials and Provisions in Table 19.136.040 apply to all residential associated facilities used for wireless communications, that and home occupation, commercial, office, industrial and is, the transmitting and/or receiving of voice, data, video public utility aerials. images and other information through the air via signals in the radio and microwave frequency band. This includes [Table begins on next page.] aerials for amateur radio, television, wireless modems, cellular phones,enhanced specialized mobile radio(ESMR), personal communications services (PCS), paging systems, satellite communications and other wireless communication technologies utilizing signals in the radio and microwave frequency band. No wireless communication facility: antennas, masts, towers and associated equipment shall be hereafter erected, structurally altered or enlarged other than 2012 S-31 223 19.136.040 Cupertino-Zoning 224 A. Aerials Aerials shall not exceed a height of fifty-five feet above finished grade measured at the mast base, unless otherwise provided in accordance with Section 19.136.050. B. Antenna 1. An antenna consisting of a single vertical element not more than four inches in diameter in lieu of a horizontal arrangement shall be exempt from the height restriction. 2. Antennas and/or guy wires shall not overlap adjoining properties and shall not encroach upon an easement without the written consent of the owner of the easement which shall be attached to the application for a building permit. C. Masts and Towers 1. Wood towers shall not be erected. 2. The number of towers, and detached masts exceeding eight inches in diameter at the base and thirty feet in height above ground level, shall be limited as follows: Lot Size Maximum Number of Towers and Detached Masts a. < 30,000 square feet One. b. z 30,000 square feet Two. Additional towers, and detached masts, above two, not meeting the criteria stated in Section 19.136.040(C)(2) require permits in accord with Section 19.136.080. (Ord. 2085, §2(part), 2011) 19.136.050 Specific Site Development Regulations. Table 19.136.050 sets forth the rules and regulations for the development of personal wireless communication facilities. Table 19.136.050-Specific Site Development Regulations A. Minimum Setbacks and Height Limits 1. Residential and Home Occupation Aerials a. Aerials with panel or Shall comply with the setbacks and height limits for accessory dish antennas of more structures. than ten square feet b. Masts and towers Shall be located at least ten feet to the rear of the front building setback line and shall be set back at least six feet from any property line. 2. Commercial, Office, Industrial, Public Utility Aerials a. Aerials mounted on May extend six feet above the building parapet wall. buildings that exceed An additional one foot of height is allowed for every ten feet that the aerial height limits in aerial is setback from the parapet, to a maximum height of ten feet Section 19.136.040 above the building parapet, before a height exception is required b. Free-standing or Building Mounted Aerials 2012 S-31 225 Wireless Communications Facilities 19.136.050 Table 19.136.050-Specific Site Development Regulations (Cont.) A. Minimum Setbacks and Height Limits (Cont.) Location Non-residentially zoned property Residentially zoned property Type of Aerial Detached Masts and Towers, except for 75 feet horizontally from residentially 75 feet horizontally from utility poles and towers used as aerials zoned property or a distance equal to residentially zoned one foot for every one foot of structure property or a distance height, whichever is greater equal to one foot for every one foot of structure - height, whichever is greater Building Mounted Aerials 75 feet horizontally from any 75 feet horizontally from residentially zoned property any residentially zoned property c. Base Equipment Stations Shall comply with Chapter 19.100 and Chapter 10.48, Community Noise Control (Ord. 2085, § 2(part), 2011) 19.136.060 Design and Site Review. K. Opportunities to develop context-appropriate, For aerials requiring discretionary review,the primary artistically enhanced aerial designs; review objectives are to ensure the goals of Section L. Screening of highly visible rooftop-mounted 19.136.010 are met and to blend the design of the aerial into aerials; and the surrounding environment, or site the aerial in such a M. Balancing of aesthetic concerns with the need to manner to minimize the visual intrusiveness of the structure provide a functional communications system. or artistically enhance the appearance of the aerial. This (Ord. 2085, §2(part), 2011; Ord. 2038(part), 2009; Ord. review may include, but not be limited to, the following 1736, (part), 1996) criteria: A. Gaps in coverage that would create emergency 19.136.070 Application Requirements. communication problems; In addition to the standard application requirements in B. Viability of alternative locations, such as Chapter 19.12,the applicant may be required to provide the commercial, industrial, office, and public building sites; following additional materials: C. Method of antenna-mounting, that is, A. If more than one aerial is planned in the City wall-mounting, roof-mounting or a freestanding structure; within a year by a single communication service provider, D. Colors, materials and textures to integrate the a master plan shall be prepared of all facilities that can be aerial into the surrounding environment or building; reasonably foreseen, showing the proposed aerial sites and E. Landscaping to screen the aerial; existing commercial, office, industrial and public utility F. Proximity and visibility of the aerial to residential aerial locations within a one mile radius of the proposed properties and public rights-of-way; sites. The purpose of this requirement is to identify G. Dispersal of aerial locations to avoid visual opportunities for clustering, dispersal and collocation of clutter; aerials to reduce visual intrusiveness; H. Concentration of aerial locations to avoid visual B. Erection of a mock aerial,computer simulation or clutter; sight-line elevations for all aerials to help assess the visual I. Opportunities for collocation of aerials on existing effects; and masts and towers where visual intrusiveness is reduced; C. Documentation that the technology and usage of J. Design of the building or enclosure,which houses that technology meets Federal Communications Commission the related base equipment and its compatibility with the adopted safety standards. adjoining building architecture; (Ord. 2085, §2(part), 2011; Ord. 2038(part), 2009; Ord. 1736, (part), 1996) 2012 S-31 19.136.080 Cupertino-Zoning 226 19.136.080 Permitting Procedures and Conditions of Approval. Table 19.136.080 sets forth the permitting requirements for detached and building mounted aerials. All permits shall be processed in accord with the requirements of Chapter 19.12. Table 19.136.080: Permitting Procedures and Conditions of Approval Type of Aerial Permit Required A. In all zoning districts 1. Aerials that exceed maximum height limits Height Exception, except as otherwise provided in Section 19.136.050 2. Masts and Towers identified in 19.136.040 Development Permit approved by Planning Commission (C)(2)(b) B. In zoning districts that require design review, aerials that are: 1. Minimally visible to residential properties and Administrative Approval public rights-of-way 2. Building mounted, and moderately visible to The Director of Community Development, in his or her residential properties and public rights-of-way discretion, may refer an application to the Planning Commission for review and approval 3. Detached and are moderately to highly visible Development Permit approved by Planning Commission to residential properties and public rights-of-way 4. Aerials located in the common-interest areas of Use Permit approved by Planning Commission residential or mixed-use planned development zones C. Conditions of Approval 1. Collocation All commercial, office, industrial, and public utility aerial mast and tower approvals shall be conditioned to allow the collocation of aerials and related facilities of other commercial, office, industrial, and public utility users where appropriate and feasible. 2. Abandonment All City approvals for new aerials and modifications of existing aerial approvals shall be conditioned to require the removal of the aerial, its associated facilities and restoration of the land to its former condition if the aerial is not used for its permitted purpose for a period of eighteen months. The property owner or applicant shall bear the entire cost of demolition and land restoration. D. Technology, Information and Communications The Approval Body, in its review, shall seek the technical Commission consultation of the designated member or members of the Technology, Information and Communications Commission. (Ord. 2085, § 2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) 2012 S-31 227 Wireless Communications Facilities 19.136.090 19.136.090 Height Exception—Findings. The Approval Body may grant the height exception based upon all of the following findings: 1. That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; 2. That granting of an exception will not result in a condition that will be detrimental or injurious to property or improvements in the vicinity and will not be materially detrimental to the public health, safety or welfare; 3. That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic. (Ord. 2085, § 2(part), 2011) 19.136.100 Appeals. The Approval Body's decision on the exception request may be appealed in accord with the requirements of Chapter 19.12. (Ord. 2085, §2(part), 2011; Ord. 2038(part), 2009; Ord. 1736, (part), 1996) 2012 S-31 19.140.010 CHAPTER 19.140: NONCONFORMING USES AND NONCONFORMING FACILITIES Section 19.140.010 General application. 19.140.020 Nonconforming Uses-Expansion. 19.140.020 Nonconforming uses-Expansion. A. A nonconforming use may not be expanded in 19.140.030 Nonconforming uses-Change. such a way as to increase the site area, or gross floor area 19.140.040 Nonconforming uses-Maintenance occupied by such use on a site, nor may a nonconforming and repair of facility. use increase the number of structures or the size or height of 19.140.050 Nonconforming uses-Replacement of any structure housing such use. A nonconforming use which facility. occupies a portion of a building may not be expanded to 19.140.060 Noncomplying facility-Enlargement. include additional floor area. 19.140.070 Noncomplying facility-Maintenance (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), and repairs. 1992) 19.140.080 Noncomplying facilities-Replacement. 19.140.030 Nonconforming Uses-Change. 19.140.090 Determination of value. A. Except as provided in subsection B of this section, 19.140.100 Record of nonconforming uses and a nonconforming use shall not be changed to any use except noncomplying facilities. to a conforming use. 19.140.110 Proceedings and findings. B. A nonconforming use may be changed to any 19.140.120' Appeal. other nonconforming use which would have been permitted under the most recent zoning classification of the property under which the existing nonconforming use was a 19.140.010 General Application. conforming use subject to the following limitations: A. Nonconforming Uses. 1. The change shall not increase the site area or 1. Any nonconforming use, as defined in Section gross floor area occupied by the existing nonconforming use 19.08.030,may be continued indefinitely,but if such use is nor increase number of structures or the size or height of discontinued or abandoned for a period of six months or any structure housing such use; more, it shall thereafter conform to the provisions of this 2. Any period of temporary vacancy or title. discontinuance associated with such change shall not exceed 2. Any nonconforming use may be changed,altered, six months; or maintained only as provided in this chapter or as 3. Such change shall be permitted only if the otherwise provided by law. Director determines that the building, or portion thereof, B. Noncomplying Facilities. presently occupied by the nonconforming use is not readily 1. Any noncomplying facility, as defined in Section usable as a conforming use. In making this determination, 19.08.030,maybe maintained indefinitely subject,however, the Director may take into account the time factors described to the requirements of Title 16 relating to unsafe,dilapidated in Section 19.140.010(A)(1); and abandoned buildings, facilities containing toxic 4. Such change shall not create, cause, or materials, unreinforced masonry buildings, and other significantly increase adverse privacy, noise, parking, provisions of that title which are intended to protect the traffic, or similar impacts with respect to other uses or health and safety of the public. Notwithstanding the above, neighboring properties. a noncomplying facility may not be maintained as either a C. A nonconforming use which is changed to a public or private nuisance. conforming use, shall not be reestablished, and any portion 2. Any noncomplying facility may be enlarged, of a site or any portion of a building, the use of which maintained, or replaced only as provided in this chapter or changes from a nonconforming to a conforming use, shall as otherwise provided by law. not thereafter be used except to accommodate a conforming (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), use. 1992) (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2012 S-31 229 19.140.040 Cupertino-Zoning 230 19.140.040 Nonconforming Uses-Maintenance and preserving its existing conditions, retarding or eliminating Repair of Facility. wear and tear or physical depreciation,or for the purpose of Facilities occupied or used by a nonconforming use complying with the requirements of law. shall be subject to the following provisions governing B. Incidental alterations to a noncomplying facility maintenance and repairs: shall be permitted,provided such alterations do not increase A. Normal and routine maintenance of any structure the degree of noncompliance, or otherwise increase the for the purpose of preserving its existing condition, discrepancy between existing conditions and the retarding or eliminating wear and tear or physical requirements of this title. depreciation or for the purpose of complying with the C. Structural alterations to a noncomplying facility requirements of law, shall be permitted; shall be permitted when necessary to comply with the B. Incidental alterations shall be permitted,provided requirements of law, or to accommodate a conforming use that the value of the alterations in any one-year period do not when such alterations do not increase the degree of exceed ten percent of the value of the structure prior to such noncompliance, or otherwise increase the discrepancy alterations; between existing conditions and the requirement of this title. C. Alterations of the facility which exceed ten (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), percent of the value as described above shall only be 1992) permitted to accommodate a conforming use,or when made as a requirement of law. 19.140.080 Noncomplying Facilities-Replacement. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), A. Notwithstanding any contrary provision of this 1992) chapter, any facility which houses a conforming use in any residential or agricultural zone in the City, which is 19.140.050 Nonconforming Uses-Replacement of damaged or destroyed by any means other than the willful Facility. action of the owner or tenant, may be replaced as it existed A facility used wholly or partly by one or more ' prior to such damage or destruction even if the facility is nonconforming uses,which is damaged or destroyed by any nonconforming with regard to minimum lot area, lot except by intentidnal acts of the owner and/or tenant of the coverage, setbacks, parking or other prescriptive zoning property may be reconstructed for continued occupancy by requirements. said nonconforming use or uses provided that: B. Except as provided in Section 19.140.080(A), a A. The site area, the gross floor area, the number, noncomplying facility which is damaged or destroyed by any size or height of the facilities occupied by the means, may only be reconstructed as a complying facility nonconforming use, or the intensity of activity, shall not except under one, or more, of the following circumstances: exceed that existing prior to reconstruction; 1. When the damage or destruction of a B. The reconstruction shall be subject to all noncomplying facility affects only a portion of a facility, applicable laws,regulations,codes and procedures otherwise which portion does not constitute or contribute to the governing construction on the site. noncompliance, the portion may be repaired or (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), reconstructed to its previous configuration; 1992) 2. When the damage or destruction of a noncomplying facility affects only a portion of such facility, 19.140.060 Noncomplying Facility-Enlargement. which portion constituted or contributed to the Except as specifically permitted by other provisions of noncompliance, any replacement to such damage shall be this title, no enlargement, expansion or other addition or accomplished in such a manner as not to reinstill the improvement to a noncomplying facility shall be permitted noncompliance caused by the damaged portion of the which increases the noncompliance.This section shall not be facility, and otherwise in full compliance with law; construed to prohibit enlargement or improvement of a provided, however, that in the event that the cost to replace facility, otherwise permitted by this title, which does not that portion of the damaged facility to its previous affect the particular degree or manner in which the facility configuration does not exceed ten percent of the value of the fails to comply with one or more provisions of this title. entire facility prior to the damage, then that portion may be (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), replaced or reconstructed to its previous condition; 1992) 3. When the damage or destruction of a noncomplying facility is noncomplying solely by reason of 19.140.070 Noncomplying Facility-Maintenance failure to comply with regulations for floor area ratio and/or and Repairs. site coverage, and such noncompliance does not exceed the A. Normal and routine maintenance of a maximum floor area ratio by more than a factor of ten noncomplying facility shall be permitted for the purpose of percent and the maximum site coverage by more than ten 2012 S-31 231 Nonconforming Uses and Nonconforming Facilities 19.140.080 percent, and affects only a portion of the facility, then that 19.140.120 Appeal. portion may be replaced or reconstructed to its previous All determinations and decisions of the Planning condition. Commission or the Director of Community Development (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), under this chapter may be appealed in accord with the 1992) provisions in Chapter 19.12. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 19.140.090 Determination of Value. 1992) Value, as used in this chapter with respect to value of a facility, or to the value of improvements on a site, or to the value of reconstruction or replacement, means the current cost of construction, or the current cost of replacement in kind of existing facilities or improvements, excluding consideration of the value of land. Estimates or determinations of such cost for purposes of this chapter shall be made by or shall be reviewed and approved by the Chief Building Official. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.140.100 Record of Nonconforming Uses and Noncomplying Facilities. The Director of Community Development shall maintain a list of all nonconforming uses and all noncomplying buildings of which he or she has knowledge which exist within the City except those properties in a multifamily residential zoning district. The list shall state the nature of the nonconformity or noncompliance and date discovered by the City. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.140.110 Proceedings and Findings. A. Failure to comply with any of the requirements of this chapter shall render an otherwise valid,nonconforming use unlawful. Proceedings to determine the status of such nonconforming use shall be held at the request of the Director of Community Development, before the Planning Commission under the same procedures as described in Chapter 19.12. B. The Planning Commission may declare a nonconforming use unlawful if it finds that one or more of the following grounds exist: 1. That the nonconforming use is being or has been exercised contrary to the terms or conditions of the original approval; or 2. That the nonconforming use is so exercised as to be detrimental to the public health or safety, or to be a nuisance; or 3. That a person has modified a nonconforming use in violation of any of the provisions of this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2012 S-31 19.144.010 CHAPTER 19.144: DEVELOPMENT AGREEMENTS Section 19.144.010 Findings and declaration of intent. economic cost to the public. The City Council fmds and 19.144.020 Purpose of development agreement. determines that under appropriate circumstances, 19.144.030 Authority for adoption. development agreements will strengthen the public planning 19.144.040 Application requirements. process, encourage private participation in comprehensive 19.144.050 Qualification as an applicant. planning by providing a greater degree of certainty in that 19.144.060 Proposed form of development process, reduce the economic costs of development, allow agreement. for the orderly planning of public improvements and 19.144.070 Contents of a development services and the allocation of costs therefor in order to agreement. achieve the maximum utilization of public and private 19.144.080 Consistency with general and resources in the development process, and assure, to the specific plans. extent feasible, that appropriate measures to enhance and 19.144.090 Public hearing and ordinance protect the environment of the City are achieved. The City required. Council further finds that the lack of public facilities, 19.144.110 Findings. including, but not limited to, streets, sewerage, 19.144.120 Irregularity in proceeding. transportation, drinking water, school, and utility facilities, 19.144.140 Time for and initiation of review. is a serious impediment to the development of new housing. 19.144.150• Finding of compliance-Appeal. B. The City Council further fmds and determines 19.144.160 Finding of noncompliance-Appeal. that the public safety, health, convenience, comfort, 19.144.170 Appeal of determination. prosperity and general welfare will be furthered by the 19.144.190 Cancellation or modification by adoption of this chapter in order to provide a mechanism for mutual consent. the enactment of development agreements to accomplish the 19.144.200 Cancellation by the city. foregoing purposes and aims and the realization of the 19.144.210 Rights of the parties after benefits. cancellation or termination. (Ord. 2085, §2(part), 2011; Ord. 1256, (part), 1984) 19.144.220 Rules affecting development agreement. 19.144.020 Purpose of Development Agreement. 19.144.230 Separate procedure. Development agreements enacted pursuant to this 19.144.240 Effect of development agreement. chapter are to ensure to the applicant for a development 19.144.250 Construction. project that upon approval of the project, the applicant may 19.144.260 Execution and recordation of proceed with the project in accordance with existing development agreement, amendment policies, rules and regulations, and subject to specified or cancellation. conditions of approval, in order to implement the intent of 19.144.270 Judicial review-Time limitation. the City Council in enacting this title. Development agreements will also ensure that all conditions of approval, including the construction of off-site improvements made 19.144.010 Findings and Declaration of Intent. necessary by such land developments, will proceed in an A. The California Legislature in Section 65864 of the orderly and economical fashion to the benefit of the City. Government Code has found that the lack of certainty in the (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) approval of development projects can result in a waste of resources, escalate the cost of housing and other 19.144.030 Authority for Adoption. development to the consumer, and discourage investment in This chapter is adopted under the authority of and commitment to comprehensive planning which would Government Code Sections 65864 through 65869.5. make maximum efficient utilization of resources at the least (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 2012 S-31 233 19.144.040 Cupertino -Zoning 234 19.144.040 Application Requirements. D. An identification of the approvals and permits for An application for a development agreement shall the development project enacted to the date of or include, in addition to the requirements of Chapter 19.12, a contemplated by the development agreement; development agreement proposal as described in E. The duration of the development agreement; 19.144.060. F. The permitted uses of the property; (Ord. 2085, § 2(part), 2011) G. The maximum height and size of the proposed buildings, and provisions for dedications of land for public 19.144.050 Qualification as an Applicant. purposes; A. Only a qualified applicant may file an application H. A program and criteria for periodic review under to enter into a development agreement. The Director of this chapter; Community Development shall require an applicant to I. Appropriate provisions guaranteeing or securing submit proof of his or her interest in the real property and of performance of the development agreement on the part of the authority of the agent to act for the applicant. This proof the developer; may include a title report, policy or guarantee, issued by a J. Specific standards for periodic review of a title company licensed to do business in the State evidencing development agreement; the requisite interest of the applicant in the real property. K. Specific standards to insure compliance by the B. Other Parties. In addition to the City and parties to a development agreement; developer, any federal, State or local governmental agency L. The Development Agreement may provide that or body may be included as a party to any development construction shall be commenced within a specified time and agreement. Any additional party shall be made a party to that the project or any phase shall be commenced within a the development agreement pursuant to the provisions of the specified time and that the project and any phase be Joint Exercise of Powers Act (Government Code Section completed within a specified time. 6500, et seq.) providing for joint powers agreements, or M. Information required in accord with Section provisions of other applicable federal, State or local law, in 19.140.070; order to create a legally binding agreement between such N. Any other relevant information which may be parties. deemed necessary by the Director of Community (Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984) Development pursuant to this chapter. (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 19.144.060 Proposed Form of Development Agreement. 19.144.070 Contents of a Development Agreement. Each application shall be accompanied by the form of A. A development agreement shall specify its development agreement proposed by the City. This duration, the permitted uses of the property, the density requirement may be met by designating the City's then and/or intensity of use, the maximum height and size of standard form of development agreement as prepared by the proposed buildings, and provisions for reservation or City Attorney and including specific proposals for changes dedication of land for public purposes. in or additions to the language of the standard form. The B. A development agreement shall attach and City's Proposed Form of Development Agreement shall incorporate by reference all conditions of approval imposed include the following: by the City with respect to the development project. A. The parties to the development agreement; C. All development agreements shall contain an B. The nature of the applicant's legal or equitable indemnity and insurance clause in form and substance interest in the real property constituting such applicant as a acceptable to the City Attorney, requiring the developer to qualified applicant under this chapter; indemnify the City against claims arising out of the C. A description of the development project development process and limiting the developer's sole sufficient to permit the development agreement to be remedy to specific performance and thereby eliminating any reviewed under the applicable criteria of this chapter. Such potential damages to be paid by the City under the description may include, but is not limited to, references to development agreement;provided,that,these provisions do site and building plans, elevations, relationships to adjacent not violate applicable law or constitute a joint venture, properties and operational data. Where appropriate, such partnership or other participation in business affairs of description may distinguish between elements of the developer by the City. development project which are proposed to be fixed under D. All development agreements, or any part of the development agreement, those which may vary and the development agreements, may be subject to subsequent standards and criteria pursuant to which the same may be condemnation proceedings by the City. reviewed; (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 2012 S-31 235 Development Agreements 19.144.080 19.144.080 Consistency with General and Specific any matter pertaining to the application, notice, finding, Plans. record,hearing, report,recommendation,or any matters of Before the City Council may approve the development procedure whatever unless after an examination of the entire agreement,it must find that its provisions are consistent with case, including the evidence, the court finds that the error the General Plan and any applicable specific plans of the complained of was prejudicial and that by reason of the City. If the City Council approves the development error the complaining party sustained and suffered agreement in the form recommended by the Planning substantial injury, and that a different result would have Commission, without further findings, then it shall be been probable if the error has not occurred or existed.There deemed to have also adopted the findings of the Planning is no presumption that error is prejudicial or that injury Commission. resulted if error is shown. (Ord. 2085, §2(part), 2011) (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 19.144.090 Public Hearing and Ordinance 19.144.140 Time for and Initiation of Review. Required. The Director of Community Development shall review A development agreement is a legislative act and shall the development agreement annually in order to ascertain the be enacted by ordinance only after a public hearing before good faith compliance by the developer with its terms. The the City Council. The ordinance shall refer to and Developer shall submit documentation as required by the incorporate by reference the text of the development Director of Community Development to demonstrate good agreement. faith compliance by the developer of the terms of the (Ord. 2085, §2(part), 2011) development agreement. The time for review may be modified by the City Council at any time upon reasonable 19.144.110 Findings. notice to the developer,and the development agreement may A Development Agreement shall be enacted by prescribe a procedure and standards and different times for ordinance by the City Council upon making the following review of compliance with its terms; provided, however, findings: that a development agreement shall in any event be reviewed A. Is consistent with the objectives,policies,general for compliance at least once every twelve months. land uses and programs specified in the General plan and (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) any applicable specific plan; B. Is compatible with the uses authorized in,and the 19.144.150 Finding of Compliance-Appeal. regulations prescribed for, the land use district in which the If the Director of Community Development finds good real property is or will be located; faith compliance by the developer with the terms of the C. Is in conformity with and will promote public development agreement,he or she may issue a certificate of convenience, general welfare and good land use practice; compliance, which shall be in recordable form and may be D. Will not be detrimental to the health, safety and recorded by the developer in the official records. The general welfare; issuance of a certificate of compliance by the Planning E. Will not adversely affect the orderly development Director and the expiration of the appeal period hereinafter of property or the preservation of property values; and specified without appeal, or the confirmation by the City F. Will promote and encourage the development of Council of the issuance of the certificate on such appeal, the proposed project by providing a greater degree of shall conclude the review for the applicable period and such requisite certainty. determination shall be final. (Ord. 2085, §2(part), 2011; Ord. 1256, (part), 1984) (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 19.144.120 Irregularity in Proceeding. 19.144.160 Finding of Noncompliance-Appeal. Formal rules of evidence or procedure which must be If the Planning Director, on basis of substantial followed in a court of law shall not be applied in the evidence, finds the developer has not complied in good faith consideration of a proposed development agreement under with the terms of the development agreement,he or she may this chapter and the provisions of Chapter 19.12, shall specify in writing to the developer the respects, in which provide the procedure for such consideration. No action, developer has failed to comply. The Director of Community inaction or recommendation regarding the proposed Development shall also specify a reasonable time for the development agreement shall be held void or invalid or be developer to meet the terms of compliance. If such areas of set aside by a court on the ground of the improper admission noncompliance are not perfected within the reasonable time or rejection of evidence or by reason of any error, limits as prescribed, the development agreement shall be irregularity, informality,neglect or omission("error")as to subject to modification or cancellation by the City Council. (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 2012 S-31 19.144.170 Cupertino-Zoning 236 19.144.170 Appeal of Determination. the City shall be retained by the City. Notwithstanding the Any interested person may file an appeal of the above provision, any termination of the development issuance of a certificate of compliance to the City Council agreement shall not prevent the developer from completing within ten days after the certificate's issuance. The and occupying a building or other improvements authorized developer may also file an appeal to the City Council of the pursuant to a valid building permit previously approved by finding of the Director of Community Development of the City or under construction at the time of termination,but noncompliance within ten days after the giving of notice of the City may take any action permitted by law to prevent, such determination. All appeals before the City Council stop, or correct any violation of law occurring during and shall be conducted pursuant to a noticed hearing in the same after construction, and the developer or any tenant shall not manner as any other appeal before the City Council, at occupy any portion of the project or any building not which evidence shall be taken and findings made. authorized by a previously issued building permit. As used (Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984) herein, "construction" means work under a valid building permit, and "completing" means completion for beneficial 19.144.190 Cancellation or Modification by Mutual occupancy for developer's use,or if a portion of the project Consent. is intended for use by a lessee or tenant, then for such Any development agreement may be canceled or portion "completion"'means completion except for interior amended by mutual consent of the parties, but only in the improvements such as partitions,duct and electrical runouts, manner provided in California Government Code Section floor coverings, wall coverings, lighting, furniture, trade 65868. Any proposal to cancel or amend a development fixtures,finished ceilings,and other improvements typically agreement shall be heard and determined in accordance with constructed by or for tenants of similar buildings. All such the same procedures specified by this chapter for approval uses shall, to the extent applicable, be deemed of a development agreement. nonconforming uses and shall be subject to the (Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984) nonconforming use provisions of the planning code. (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 19.144.200 Cancellation by the City. A. The City Council shall conduct a noticed hearing 19.144.220 Rules Affecting Development Agreement. on the recommendations of the Director of Community All development agreements shall be subject to the Development at which the developer and any other regulation and requirements of the laws of the State, the interested person shall be entitled to submit evidence and Constitution of the United States and any codes, statutes or testimony as may be germane to the issue of the developer's executive mandates and any court decisions, State or good faith compliance with the terms of the development federal. In the event that any such law, code, statute, agreement. If the City Council finds, based on substantial mandate or decision made or enacted after a development evidence, noncompliance with the terms and conditions of agreement has been entered into prevents or precludes the development agreement, it may either cancel the compliance with one or more provisions of the development development agreement upon giving sixty days'notice to the agreement, then such provisions of the development developer, or in its discretion, may allow the development agreement shall be modified or suspended in the manner and agreement to be continued by imposition of new terms and pursuant to the procedures specified in the development conditions intended to remedy noncompliance. The City agreement, as may be necessary to comply with such law, Council may impose conditions to the action it takes as it code, statute, mandate or decision. considers necessary to protect the interests of the City. The (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) decision of the City Council shall be final. B. Any cancellation or imposition of new terms and 19.144.230 Separate Procedure. conditions pursuant to this section shall be noticed in All development agreements entail and consist of a accordance with the procedures specified in Chapter 19.12. separate procedure from other land use planning procedures (Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984) and shall not take the place of the zoning ordinances, the General Plan, planned development permits, development 19.144.210 Rights of the Parties after Cancellation permits, conditional use permits, subdivision approvals, or Termination. building permits or any other City planning functions. If so In the event that a development agreement should be specified in the development agreement,it shall constitute an canceled,or otherwise terminated,unless otherwise agreed, approval pursuant to such planning procedures as if all rights of the developer, property owner or successors in separately enacted under other City planning ordinances. To interest under the development agreement shall terminate. the extent practicable, public hearings on a proposed Any and all benefits, including money or land, received by development agreement shall be held concurrently with the 2012 S-31 237 Development Agreements 19.144.230 public hearings on all related land use approvals and all such terms or conditions of the development agreement, the City approvals shall be made concurrently with the approval of Council Clerk shall, after such action takes effect, have the development agreement. notice of such action recorded with the County Recorder. (Ord. 2085, §2(part),2011; Ord. 2056,(part),2010; Ord. (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 1256, (part), 1984) 19.144.270 Judicial Review-Time Limitation. 19.144.240 Effect of Development Agreement. Any action or proceeding to attack, review, set, set When approved, the development agreement and any aside, void or annul, any decision of the City pursuant to development control maps and all notations, references and this chapter shall not be maintained by any person unless the regulations which are a part of the development agreement action or proceeding is commenced within ninety days after shall be part of the development agreement ordinance. the date of decision as provided in Section 1094.6 of the Development control maps include, but are not limited to, Code of Civil Procedure, State of California. regulations intended to carry out any plan respecting location (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) or type of activities; height, bulk, siding or design of structures;location or design of open areas;and landscaping and other comparable regulations. (Ord. 2085, § 2(part), 2011; Ord. 1256, (part), 1984) 19.144.250 Construction. This chapter and any subsequent development agreement shall be read together. With respect to any development agreement enacted under this chapter, any provision of such a development agreement which is in conflict with this chapter shall be void. Unless otherwise provided by the development agreement, the City's rules, regulations and official policies governing permitted uses of the land, governing density and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those City rules,regulations and official policies in force at the time of the approval of the development agreement by the City Council; provided, however,that the developer is subject to all increases in City imposed fees and charges with respect to subsequent applications for development and construction within the property subject to a development agreement. (Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984) 19.144.260 Execution and Recordation of Development Agreement, Amendment or Cancellation. A. Within ten days after the ordinance approving the development agreement takes effect, the City Council shall execute the development agreement, and the City Council Clerk shall have the development agreement recorded with the County Recorder. B. If the parties to the development agreement or their successors in interest amend or cancel the development agreement as provided in Government Code Section 65868, and this chapter, or if the City Council terminates or modifies the development agreement as provided in Government Code Section 65865.1 and this chapter for failure of the developer to comply in good faith with the 2012 S-31 19.148.010 CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS Section 19.148.010 Purpose and intent. A. Sculpture: in-the-round, bas-relief, mobile, 19.148.020 Applicability of regulations. fountain, kinetic, electronic, or other, in any material or 19.148.030 Permitted artwork. combination of materials; 19.148.040 Ineligible artwork. B. Painting: all media, including portable and 19.148.050 Application procedures for public permanently affixed works, such as murals; artwork. C. Graphic arts: printmaking, drawing, calligraphy 19.148.060 Design criteria and artist and photography, but only when on a large public scale; qualifications. D. Mosaics; 19.148.070 Minimum artwork value. E. Functional artwork created by a professional 19.148.080 Maintenance requirements. artist, such as benches, tree grates or trash receptacles; 19.148.090 In lieu fee for artwork is F. Any other form of work of art determined by the discouraged. Fine Arts Commission to satisfy the intent of this chapter. (Ord. 2085, §2(part), 2011; Ord. 2037 (part), 2009) 19.148.010 Purpose and Intent. 19.148.040 Ineligible Artwork. The purpose of this chapter is to provide a review The following shall not be considered eligible to satisfy framework for public art in both public and private the requirements of this chapter: developments in the City of Cupertino, commensurate with A. Reproductions of original works of art, whether the following specific goals, as described in the Cupertino by mechanical or other means. However,permitted artwork General Plan: may include limited editions, controlled by the artist, of A. Enhance community character and identity; original prints, cast sculpture, photographs, or other art B. Provide attractive public arts to residents and forms; visitors alike; B. Directional or other functional elements such as C. Stimulate opportunities for the arts through supergraphics, signing,or color coding,except where those cooperative relations between local business and the City. elements are integral parts of original signed artworks; (Ord. 2085, § 2(part), 2011; Ord. 2037 (part), 2009) C. Art objects which are mass-produced from a standard design, such as playground equipment, fountains, 19.148.020 Applicability of Regulations. flags or banners; A. Any development of fifty thousand sq. ft. or D. Landscaping and garden features, except where larger involving construction of new buildings and/or the these elements are designed by the artist and are an integral expansion of existing buildings shall be subject to the part of a fine artwork. requirements of this chapter. (Ord. 2085, §2(part), 2011; Ord. 2037(part), 2009) B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other discretionary 19.148.050 Application Procedures for Public review may be required when deemed appropriate by the Artwork. City Council. A. An application for public artwork shall include all (Ord. 2085, §2(part), 2011; Ord. 2056(part), 2010; Ord. requirements of Chapter 19.12. 2037 (part), 2009) B. Application for public art for a new development shall be made in conjunction with the review of the permits 19.148.030 Permitted Artwork. for the entire project, in order that the design and location Types of art that may be used to satisfy the be taken into consideration at the time of architectural and requirements of this chapter include, but are not limited to, site planning, as outlined in Chapter 19.168. the following: C. The Fine Arts Commission shall review for approval the public art application and artwork. The 2012 S-31 239 19.148.050 Cupertino-Zoning 240 decision of the Fine Arts Commission may be appealed in G. Because the artwork will necessarily be highly accordance with Section 1.16.020 of the Cupertino visible to the public and be associated with City Municipal code, or as amended. requirements, expressions of obvious bad taste or profanity (Ord. 2085, § 2(part), 2011; Ord. 2037(part), 2009) shall not be approved. H. Water and/or electronic sculpture may be 19.148.060 Design Criteria and Artist Qualifications. permitted if adequate assurance of continued maintenance is It is the intent of this chapter to provide for public art provided. on private property without imposing the artistic preferences I. Artwork shall be identified by an appropriate of the City on the owner or the developer of the property. plaque or monument measuring not less than eight inches by Artistic preferences are to be primarily those of the owner eight inches. The plaque shall be made of a durable, or developer of the property,but the artwork and its location permanent material and shall be placed near the artwork, is subject to approval of the Fine Arts Commission. and shall list the date of installation, title and artist, and A permit required pursuant to Section 19.148.050 shall medium. be granted upon a showing by the applicant that the J. The artwork shall be a permanent, maintained proposed artwork meets the following criteria: fixed asset of the property, and statements to this fact shall A. The artwork is of a nature specified in Section be attached or recorded to the existing CC&R's or otherwise 19.148.030. recorded on the property deed, to advise subsequent B. The artwork requirement is to be satisfied with property owners of their obligations to maintain the artwork. one significant piece of artwork,except that the requirement K. The proposed artwork shall meet the criteria for may be met with several works of art when specifically review as set forth in the City of Cupertino Public Art found by the Fine Arts Commission to fulfill the intent of Program Guidelines for Selection of Public Art, as this chapter. The artwork shall be an integral part of the originally adopted by the City Council Resolution No. landscaping and/or architecture of the buildings. 05-040, or as later amended. C. The artwork shall be easily visible from the L. The artist's qualifications will be evaluated and public street and be located in an area specifically designated examples of past work may be reviewed. The review, on the project site plan. Appropriate locations include, but however, shall be primarily for the purpose of determining are not limited to, entryways to the property, greenbelts, the artist's experience with artwork of monumental and building exteriors. The artwork must be in permanent proportion. view to motorists and pedestrians. Artwork located at the (Ord. 2085, § 2(part), 2011; Ord. 2037(part), 2009) entrance to a development should make a major statement and be visible from the main parking lot, if any. When 19.148.070 Minimum Artwork Value. located in proximity to major traffic thoroughfares, the The minimum expenditure for the artwork, including artwork should be at a motorist's scale and oriented toward but not limited to design, fabrication, and installation, is the view corridor of the motorist. one-quarter of one percent, with an expenditure cap of one D. Artwork located along Stevens Creek Boulevard hundred thousand dollars, or such minimum expenditure or De Anza Boulevard corridors shall be large in scale and and/or expenditure cap that is set forth in the Cupertino oriented to the view corridors of the motorist. Appropriate General Plan. artwork in these corridors will most likely be sculptural: (Ord. 2085, § 2(part), 2011; Ord. 2037 (part), 2009) however,other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a visual 19.148.080 Maintenance Requirements. impact upon passengers in a moving vehicle or pedestrians The property owner shall maintain the artwork in good not less than 100 feet away. condition continuously after its installation, as determined E. The composition of the artwork shall be of appropriate by the City. Maintenance shall include all permanent materials requiring a low level of maintenance. related landscaping, lighting, and upkeep, including the Materials used shall be durable and resistant to graffiti and identification plaque. Artwork required or approved the effects of weather. pursuant to this chapter cannot be removed, except for F. The nature and style of the artwork shall be required maintenance or repair,unless approved by the City; considered in the context of other artwork in the surrounding at which time the City may require replacement or area in order to encourage a wide range of art styles and relocation of the artwork. In the event that the artwork is materials, and to create a balanced and interesting aesthetic located in the public right-of-way,a maintenance agreement appearance.The developer is encouraged to give preference with the City shall be required. to artists living or working in the San Francisco Bay area, (Ord. 2085, § 2(part), 2011; Ord. 2037 (part), 2009) and to avoid using artists whose work is already displayed as public art within the City of Cupertino boundaries. 2012 S-31 241 Required Artwork in Public and Private Developments 19.148.090 19.148.090 In Lieu Fee for Artwork is Discouraged. In some instances the placement of artwork on a particular property may not be feasible. In such cases, an in-lieu contribution may be made to the City. The developer or property owner may apply to the Fine Arts Commission for an in-lieu fee alternative on projects that lack an appropriate location for public art,although such alternative is strongly discouraged. (Ord. 2085, § 2(part), 2011; Ord. 2037 (part), 2009) • 2012 S-31 19.152.010 CHAPTER 19.152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS Section 19.152.010 Amendments. 2. The proposed zoning is in compliance with the 19.152.020 Changes in district boundaries. provisions of the California Environmental Quality Act 19.152.030 Changes in zoning regulations. (CEQA). 19.152.040 Prezoning. 3. The site is physically suitable(including, but not limited to, access, provision of utilities, compatibility with adjoining land uses,and absence of physical constraints)for 19.152.010 Amendments. the requested zoning designation(s)and anticipated land use This title may be amended by changing the boundaries development(s). of districts,or by changing the regulations applicable within 4. The proposed zoning will promote orderly one or more districts, or by changing any other provision of development of the City. this title,whenever the public interest or general welfare so 5. That the proposed zoning is not detrimental to the require. health, safety,peace,morals and general welfare of persons (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), residing or working in the neighborhood of subject parcels. 1992) (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.152.020 Changes in District Boundaries. Changes in'the boundaries of districts established by 19.152.030 Changes in Zoning Regulations. this title may be initiated by any one of the following A. Changes in any provision of this title, other than actions: the boundaries of districts, may be initiated from time to A. By application of a property owner in accord with time, by one of the following actions: the requirements of Chapter 19.12, which shall include the 1. By motion of the City Council on its own following: initiative; 1. A description and map showing the boundaries of 2. By motion of the Planning Commission on its own existing and requested districts,and identifying the property initiative. for which a change of district is requested; B. Changes initiated by motion of the Council shall 2. A written statement setting forth the reasons for be forwarded to the Planning Commission and may be the application and all facts relied upon by the applicant in supplemented by such explanatory material as the Council support thereof; may deem appropriate to facilitate review and 3. Written copy of the applicant's description of how recommendation by the Planning Commission. the proposed change complies with the Findings listed in the C. Changes in Zoning Regulations shall be adopted chapter that pertains to the requested change; by Ordinance by the City Council pursuant to the procedures B. By motion of the City Council, or by motion of described in Section 36931 et seq. of the California the Planning Commission, which may include any public or Government Code. private property, and shall be accompanied by: D. Findings:The City Council may approve changes 1. Maps or descriptions necessary to define existing to the zoning regulations in this title, if in addition to the and proposed boundaries of districts, and findings in Section 19.152.020(C), it fmds: 2. A statement, describing in general terms, the 1. The proposed amendments are internally reasons for consideration of a change in district boundaries. consistent with this title. C. Findings: The Approval Body may approve of an (Ord. 2085, §2(part), 2011) application to change the district boundaries,if it fmds all of the following: 19.152.040 Prezoning. 1. That the proposed zoning is in accord with this A. The determination of district classifications and title of the Municipal Code and the City's Comprehensive district boundaries appropriate for property located outside General Plan. the City,but potentially subject to annexation,may be made 2012 S-31 243 19.152.040 Cupertino-Zoning 244 in the same manner as prescribed in this chapter and Chapter 19.12, for any property within the City, provided that any ordinance duly passed by the City Council establishing or changing such classification shall become effective only upon the effective date of annexation of such property to the City. B. Upon passage of such an ordinance, the zoning map shall be revised to show the prezoned or potential classification to become effective upon annexation,and shall identify the district or districts applicable to such property with the label or nomenclature "prezoned." (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) • 2012 S-31 19.156.010 CHAPTER 19.156: DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND VARIANCES Section 19.156.010 Application for development permit. B. If the application is for a variance, plans and/or 19.156.020 Application for conditional use descriptions of existing and proposed construction on the permit or variance. property involved, together with a statement of the 19.156.030 Approval authority. circumstances which justify the various applications. 19.156.040 Planned development permit and (Ord. 2085, §2(part), 2011) conditional use permit-Findings and conditions. 19.156.030 Approval Authority. 19.156.050 Variance-Findings and conditions. A. For development permits and variances, the 19.156.060 Expansion or modification of Approval Body shall be as specified in Section 19.12.030. planned development or conditional B. For all conditional use permits subject to this use permits. chapter, the Approval Body shall be as specified in the 19.156.070 Change of use. chapter of this code that specifies the permitted,conditional and excluded uses for the zoning designation that applies to the property in question. 19.156.010 Application for Development Permit. (Ord. 2085, §2(part), 2011). A. Applications for a development permit, shall be made in accord With the requirements of Chapter 19.12,and 19.156.040 Planned Development Permit and shall additionally contain the following: Conditional Use Permit-Findings and 1. A description and map showing the location of the Conditions. property for which the permit or variance is sought; A. The decision maker may grant a planned 2. If the application is for a development permit development permit or a conditional use permit only if all of and/or a conditional use permit,plans and/or descriptions of the following findings are made: existing and proposed uses of the property, proposed 1. The proposed development and/or use, at the traffic-circulation system,topographical map of the site and proposed location, will not be detrimental or injurious to the neighboring properties, landscape plan in accord with property or improvements in the vicinity, and will not be Chapter 14.18,Landscaping Ordinance,describing in detail detrimental to the public health, safety, general welfare, or the nature of the use proposal to be conducted on the convenience; property; 2. The proposed development and/or use will be 3. If the application is for a variance, plans and/or located and conducted in a manner in accord with the descriptions of existing and proposed construction on the Cupertino Comprehensive General Plan,underlying zoning property involved, together with a statement of the regulations, and the purpose of this title and complies with circumstances which justify the various applications. the California Environmental Quality Act(CEQA). (Ord. 2085, §2(part), 2011) (Ord. 2085, § 2 (part), 2011) 19.156.020 Application for Conditional Use Permit 19.156.050 Variance-Findings and Conditions. or Variance. A. The Director may grant a variance from the site In addition to all information required pursuant to development regulations,the parking and loading regulations Section 19.156.020, the following information shall be or the special requirements of this title applicable within any provided: district, if the Director finds: A. If the application is for a conditional use permit, 1. There are special circumstances applicable to the plans and/or descriptions of existing and proposed uses of property (including size, shape, topography, location or the property, and describing in detail the nature of the use surroundings)that do not apply generally to property in the proposal to be conducted on the property; same district. 2012 S-31 245 19.156.050 Cupertino -Zoning 246 2. The special circumstances applicable to the not change how the property interacts with neighboring property deprive the property of privileges enjoyed by other properties. property in the vicinity and under identical zoning 2. A change from a permitted use or a conditionally classification. permitted use to a different conditional use requires the 3. The issuance of the variance will not constitute a issuance of separate conditional use permit. grant of special privileges inconsistent with the limitations (Ord. 2085, § 2(part), 2011) upon other properties in the vicinity and zoning in which such property is situated. 4. The variance is not being issued for the purpose of allowing a use that is not otherwise expressly authorized by the zone regulation governing the parcel of the property. 5. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title. 6. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan,and the purpose of this title and complies with the California Environmental Quality Act(CEQA). (Ord. 2085, §2(part), 2011) 19.156.060 Expansion or Modification of Planned Development or Conditional Use Permits. A. Any significant expansion in building size on site area of a planned development or any significant increase of a conditional use shall necessitate the issuance of a new planned development permit or conditional use permit for the expansion in accord with the provisions of this chapter. B. Any modification to a previously approved planned development permit shall require an application for a modification to the original permit and shall be processed pursuant to the requirements of this chapter, unless the application is diverted for administrative approval,pursuant to Chapter 19.164. C. No applications for a planned development permit or conditional use permit shall be necessary for existing uses which were lawful conforming permitted uses and which were rendered conditional by reason of rezoning or change to this title,provided that any expansion in the building site or site area of such use shall be subject to the issuance of a planned development permit or conditional use permit in accord with this chapter. (Ord. 2085, §2(part), 2011) 19.156.070 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 2012 S-31 19.160.010 CHAPTER 19.160: TEMPORARY USES Section 19.160.010 Conditional use permit for temporary uses. 19.160.020 Conditions to issuance. 19.160.030 Findings. 19.160.010 Conditional Use Permit for Temporary Uses. The Director of Community Development may grant a conditional use permit authorizing the use of a site in any zoning district for a temporary use as provided in this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.160.020 Conditions to Issuance. A conditional use permit under the provision of this chapter is subject to the provisions that: A. Application for a conditional use permit for temporary uses shall be made in accord with requirements of Chapter 19.12; B. The permit may include authorization to vary from the specific requirements and regulations of the title as may be solely related to the requested temporary use. (Ord. 2085, §2(part), 2011) 19.160.030 Findings. A conditional use permit for a temporary use may be granted by the Director,if, from the application or the facts presented to him or her, he or she makes the following written findings: A. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public, health, safety, general welfare, or convenience; and B. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purposes of this title. (Ord. 2085, § 2 (part), 2011) 2012 S-31 247 19.164.010 CHAPTER 19.164: ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN PROJECTS* Section 19.164.010 Purpose. 19.164.030 Diversion of Application for 19.164.020 Applicability of regulations. Administrative Approval. 19.164.030 Diversion of application for The Director of Community Development, in his or administrative approval. her discretion,may divert a qualified application of a minor change to the administrative approval process provided in * Prior ordinance history: Ords. 1601 and 1630. Chapter 19.12. (Ord. 2085, § 2(part), 2011; Ord. 1790, § 1 (part), 1998) 19.164.010 Purpose. The purpose of this chapter is to provide a uniform and orderly procedure for expeditious administrative approval of minor changes to existing projects and plans. (Ord. 2085, § 2(part), 2011; Ord. 1790, § 1 (part), 1998) 19.164.020 Applicability of Regulations. A. Type of Applications. This chapter shall apply to a minor change t6 the following: 1. An approved development plan in a planned development zoning district or R1C district; 2. An existing building or structure requiring site and designs approval; 3. A plan which has received site and design approval; 4. An existing building, structure or plan requiring City Council approval pursuant to a contractual agreement, resolution, motion, action, or uncodified ordinance. B. Conditions. No application shall be diverted for administrative approval under this chapter if any of the following conditions exist: 1. The proposed change is not minor when considered in conjunction with other minor changes to the same project approved under this chapter or under considerations,even though such changes relate to different plans, buildings or structures; 2. In the opinion of the Director of Community Development, the proposed change will be controversial; 3. In the opinion of the Director of Community Development, the proposed change will probably be denied by him or her; 4. In the opinion of the Director of Community Development,the proposed change will probably be denied by the City Council. (Ord. 2085, §2(part), 2011; Ord. 1790, § 1 (part), 1998) 2012 S-31 249 19.168.010 CHAPTER 19.168: ARCHITECTURAL AND SITE REVIEW* Section 19.168.010 Purpose. the vicinity,and will not be detrimental to the public health, 19.168.020 Limitations regarding architectural safety, general welfare, or convenience; and site approval decisions. 2. The proposal is consistent with the purposes of 19.168.030 Findings. this chapter, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, * Prior ordinance history: Ord. 1778. conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following 19.168.010 Purpose. specific criteria: This chapter is enacted to provide for an orderly a. Abrupt changes in building scale should be process to review the architectural and site designs of avoided. A gradual transition related to height and bulk buildings, structures, signs, lighting, and landscaping for should be achieved between new and existing buildings. prescribed types of land development within the City in b. In order to preserve design harmony between new order to promote the goals and objectives contained in the and existing buildings and in order to preserve and enhance General Plan,to protect and stabilize property values for the property values, the materials, textures and colors of new general welfare of the City, to maintain the character and buildings should harmonize with adjacent development by integrity of neighborhoods by promoting high standards for being consistent or compatible with design and color development in harmony therewith, and by preventing the schemes, and with the future character of the neighborhood adverse effects associated with new construction by giving and purposes of the zone in which they are situated. The proper attention to the design, shape, color, materials, location,height and materials of walls, fencing,hedges and landscaping and other qualitative elements related to the screen planting should harmonize with adjacent design of developments and thereby creating a positive and development. Unsightly storage areas, utility installations memorable image of Cupertino. and unsightly elements of parking lots should be concealed. (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; The planting of ground cover or various types of pavements Ord. 1791, § 1 (part), 1998) should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be 19.168.020 Limitations Regarding Architectural avoided. Lighting for development should be adequate to and Site Approval Decisions. meet safety requirements as specified by the engineering and In its consideration of architectural and site building departments,and provide shielding to prevent spill- applications, the Approval Body is limited to considering over light to adjoining property owners. and rendering decisions solely upon the issues in its charge c. The number,location,color,size,height,lighting and is precluded from considering or rendering decisions and landscaping of outdoor advertising signs and structures regarding other planning,zoning,or subdivision issues with shall minimize traffic hazards and shall positively affect the respect to the subject property unless said application is general appearance of the neighborhood and harmonize with combined with the appropriate application or applications adjacent development. which address those additional issues. d. With respect to new projects within existing (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; residential neighborhoods, new development should be Ord. 1791, § 1 (part), 1998) designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, 19.168.030 Findings. landscaping, walls and other appropriate design measures. A. The Approval Body may approve an application (Ord. 2085, §2(part), 2011) only if all of the following findings are made: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in 2012 S-31 251 5 Comprehensive Ordinance List Ord. No. Ord. No. 81 Subdivisions (Not codified) 122 Water Commission(Repealed by 1082) 82 Moving buildings (16.36) 122(a) Amends Ord. 122, Water Commission 83 Annexation(Special) (Repealed by 1082) 84 Annexation(Special) 123 Annexation(Special) 85 Amends Ord. 2, zoning (Not codified) 124 Amends Ord. 2, zoning(Not codified) 86 Amends Ord. 2, zoning(Not codified) 125 Trees(14.12) 87 Amends Ord. 80, plumbing code 126 Amends Ord. 2, zoning(Not codified) (Repealed by 211) 127 Not adopted 88 Amends Ord. 2, zoning(Not codified) 128 Park and Recreation Commission 89 Regulation of signs (Repealed by 353) (Repealed by 303) 89(a) Amends Ord. 89, regulations of signs 128(a) Amends Ord. 128, Park and (Repealed by 353) Recreation Commission(Repealed by 89(b) Regulations of signs (Repealed by 353) 303) 90 Amends Ord. 2, zoning(Not codified) 129 Speed limits (Repealed by 490) 91 Amends Ord. 2, zoning(Not codified) 130 Obstructions of streets and highways 92 Amends Ord. 2, zoning(Not codified) (14.08) 93 Annexation(Special) 130(a) Amends Ord. 130, obstruction of 94 Control of dogs (Repealed by 565) streets and highways (14.08) 94 131 Amends Ord. 2, zoning(Not codified) (Revised) Control of dogs (Repealed by 408) 132 Annexation election(Special) 95 Amends Ord. 2, zoning (Not codified) 133 Amends Ord. 2, zoning(Not codified) 96 Amends Ord. 2, zoning(Not codified) 134 Annexation(Special) 97 Amends Ord. 2, zoning (Not codified) 135 Amends Ord. 2, zoning(Not codified) 98 Property tax for 1959-60(Special) 136 Amends Ord. 2, zoning(Not codified) 99 -Amends Ord. 2, zoning(Not codified) 137 Stop signs (Repealed by 467) 100 Amends Ord. 2, zoning (Not codified) 138 Annexation(Special) 101 Amends Ord. 2, zoning(Not codified) 139 Swimming pools(16.32) 102 Amends Ord. 2, zoning(Not codified) 140 Subdivision grades (Repealed by 214 103 Amends Ord. 2, zoning(Not codified) (a)) 104 Annexation(Special) 141 Trampoline centers (Not codified) 105 Amends Ord. 2, zoning(Not codified) 142 Taxes for 1960-61 (Special) 106 City Manager (2.28) 143 Garage spaces (Not codified) 107 Water system(Repealed by 1776) 143(a) Amends Ord. 143, garage spaces (Not 107(a) Amends Ord. 107, water system codified) (Repealed by 1776) 144 Zoning(Not codified) 107(b) Amends Ord. 107, water system 144 (Repealed by 1776) (Revised) Zoning, repeals Ord. 144 (Not 108 Amends Ord. 2, zoning (Not codified) codified) 109 Amends Ord. 2, zoning(Not codified) 145 Construction of swimming pools 110 Amends Ord. 2, zoning(Not codified) (Special) 111 Amends Ord. 2, zoning(Not codified) 146 Amends Ord. 2, zoning(Not codified) 112 Fences (16.28) (Repealed by Ord. 147 Amends Ord. 2, zoning(Not codified) 2085) 148 Amends Ord. 2, zoning(Not codified) 113 Amends Ord. 2, zoning(Not codified) 149 Annexation(Special) 114 Amends Ord. 2, zoning(Not codified) 150 (Not adopted) 115 Amends Ord. 2, zoning(Not codified) 151 (Not adopted) 116 Amends Ord. 2, zoning(Not codified) 152 Amends Ord. 2, zoning(Not codified) 117 Annexation(Special) 153 Amends Ord. 2, zoning(Not codified) 118 Subdivisions (Not codified) 154 Annexation(Special) 119 Amends Ord. 2, zoning(Not codified) 155 Amends Ord. 2, zoning(Not codified) 120 Amends Ord. 2, zoning(Not codified) 156 Amends Ord. 2, zoning(Not codified) 121 Amends Ord. 89, sign regulations (Not codified) 2012 S-31 Cupertino-Comprehensive Ordinance List 6 Ord. No. Ord. No. 157 Amends Ord. 2, zoning(Not codified) 200(b) Amends Ord. 200, fireworks 158 Annexation(Special) (Repealed by 447) 159 Amends Ord. 2, zoning(Not codified) 201 Speed limits (Repealed by 490) 160 Zoning, repeals Ord. 144 (Revised) 202 Amends Ord. 2, zoning(Not codified) (Not codified) 203 Building code (Repealed by 214) 161 Bicycles (1.08) 204 Annexation(Special) 162 Annexation(Special) 205 Amends Ord. 2, zoning(Not codified) 163 Zoning, repeals Ord. 73 (Not codified) 206 Zoning (Not codified) 163(a) Zoning, repeals Ord. 163 (Not 207 Zoning(Not codified) codified) 208 Amends Ord. 2, zoning(Not codified) 164 Subdivisions (Not codified) 209 Annexation(Special) 165 Amends Ord. 2, zoning(Not codified) 210 Stop signs (Repealed by 463) 166 Firearms and explosives(10.20, 210(a) Amends Ord. 210, stop signs 10.76) (Repealed by 463) 167 Handbills (10.52) 211 Plumbing code, repeals Ords. 80, 168 Amends Ord. 2, zoning(Not codified) 80(a)and 80(b) (Repealed by 342) 169 Fireworks (Repealed by 175) 212 Electric code, repeals Ord. 79 170 Annexation(Special) (Repealed by 341) 171 Amends Ord. 2, zoning(Not codified) 213 Heating and comfort cooling code 172 Amends Ord. 2, zoning (Not codified) (Repealed by 343) 173 Annexation(Special) 214 Building code, repeals Ord. 203 174 Amends Ord. 2, zoning (Not codified) (Repealed by 340) 175 Fireworks, repeals Ord. 169(Repealed 214(A) Subdivision grades, repeals Ord. 140 by 447) (16.08) 176 Amends Ord. 2, zoning(Not codified) 215 Amends Ord. 2, zoning (Not codified) 177 Amends Ord. 2, zoning(Not codified) 216 Amends Ord. 2, zoning(Not codified) 178 Amends Ord. 2, zoning(Not codified) 217 Amends Ord. 2, zoning(Not codified) 179 Annexation(Special) 218 Zoning(Not codified) 180 Amends Ord. 2, zoning (Not codified) 219 Amends Ord. 2, zoning(Not codified) 181 Amends Ord. 2, zoning(Not codified) 220 Zoning (Not codified) 182 Annexation(Special) 220(a) Zoning (Not codified) 183 Amends Ord. 2, zoning (Not codified) 220(a)(1) Amends Ord. 220(a), zoning(Not 184 Annexation(Special) codified) 185 Amends Ord. 2, zoning(Not codified) 220(b) (Number not used) 186 Amends Ord. 2, zoning (Not codified) 220(c) Zoning(Not codified) 187 Amends Ord. 2, zoning (Not codified) 220(d) Zoning (Not codified) 188 Amends Ord. 2, zoning(Not codified) 220(e) Amends Ord. 220, zoning (Not 189 Amends Ord. 2, zoning(Not codified) codified) 190 Amends Ord. 2, zoning (Not codified) 220(f) Amends Ords. 2 and 220, zoning(Not 191 Speed limits (Repealed by 490) codified) 192 Amends Ord. 2, zoning(Not codified) 220(g) Amends Ords. 2 and 220, zoning 193 Amends Ord. 2, zoning(Not codified) (Repealed by 1601) 194 Amends Ord. 2, zoning(Not codified) 220(h) Zoning (Not codified) 195 Amends Ord. 2, zoning(Not codified) 220(i) Amends Ords. 2 and 220, zoning 196 Zoning(Not codified) (Repealed by 1451) 197 Amends Ord. 2, zoning(Not codified) 220(j) Amends Ord. 220, zoning(Repealed 198 Amends Ord. 2, zoning(Not codified) by 1295 and 1344) 199 Amends Ord. 2, zoning (Not codified) 220(k) Amends Ords. 2 and 220, zoning (Not 200 Fireworks, repeals Ord. 169 (Repealed codified) by 447) 220(1) Amends Ord. 220, zoning(Repealed 200(a) Amends Ord. 200, fireworks by 1601) (Repealed by 447) 220(m) Amends Ords. 2 and 220, zoning(Not codified) 13 Comprehensive Ordinance List Ord. No. Ord. No. 686 Amends §§ 16.28.010 and 16.28.020; 719 Prezone(Special) adds §§ 16.28.030 through 16.28.090, 720 Amends § 8.08.200, dogs (8.08) fences (16.28) (Repealed by Ord. 721 Amends §2.16.020, Council salary 2085) (2.16) 687 Rezone(Special) 722 Amends § 16.32.040, safety 688 Amends § 10.1 of Ord. 533, stopping, requirements for City-owned bodies of standing, parking(Repealed by 824 water(16.32) and 843) 723 Rezone (Special) 689 Amends Exhibit A of Ord. 492, 724 Amends Ch. 9.08, weed abatement bicycle lanes (Not codified) (9.08) 690 Amends § 10.2 of Ord. 533, stopping, 725 (Not enacted) standing, parking(Repealed by 824 726 (Not enacted) and 843) 727 Rezone(Special) 691 Rezone and prezone (Special) 728 Rezone (Special) 692 Amends § 1.12.010, general penalty 729 Rezone(Special) (1.12) 730 Amends § 3.24.090, bidding 693 (Number not used) procedures(Repealed by 1582) 694 Rezone(Special) 731 Rezone (Special) 695 (Not passed) 732 Rezone (Special) 696 (Tabled without prejudice) 733 Prezone (Special) 697 Rezone(Special) 734 Prezone(Special) 698 Rezone(Special) 735 Amends § 6.4 of Ord. 652, zoning 699 Prezone(Special) (Not codified) 700 Rezone and prezone (Special) 736 Adds § 16.04.115 to Ch. 16.04, 701 •Amends § 2.52.060, personnel(2.52) reroofing requirements(Repealed by 702 Amends Ord. 490, speed limits (Not 1706) codified) 737 Amends Ch. 5.16, garage and patio 703 Amends Ch. 16.04, Uniform Building sale (5.16) Code (Repealed by 1706) 738 Rezone(Special) 704 (Not enacted) 739 Amends Ch. §§ 2.36.010, 2.36.020, 705 Amends § 2.28.040D, City Manager 2.36.050, 2.36.080, Park and (2.28) Recreation Commission(2.36) 706 Amends Ord. 533, parking prohibited 740 Amends § 8.08.240, dog license fees on certain streets (Repealed by 824 and (Repealed by 931) 843) 741 Amends Chapter 11.08, bicycles 707 Prezone (Special) (11.08) 708 Amends Ch. 11.08, bicycles(11.08) 742 Rezone (Special) 709 Amends Ord. 533, parking prohibited 743 Rezone (Special) on certain streets (Repealed by 824 and 744 Prezone (Special) 843) 745 Amends Ord. 490, speed limits (Not 710 Adds(I)to § 13.04.020 and adds codified) §§ 13.04.201 and 13.04.202, park 746 Sign ordinance; repeals Ord. 353 and regulations (13.04) Res. 1328 and 1329(Title 17) 711 Rezone(Special) 747 Amends § 10.24.020, fireworks permit 712 Prezone(Special) (Special) 713 Rezone(Special) 748 Rezone (Special) 714 Amends §3.28.050C, reserve for 749 Rezone(Special) parks and recreational facilities(3.28) 750 Rezone (Special) 715 Amends § 3.32.080, Construction Tax 751 Rezone(Special) Fund(3.32) 752 Adds § 13.04.191 to Ch. 13.04, 716 Rezone(Special) impoundment of vehicles in park after 717 Amends Ord. 533, parking restrictions closing(13.04) (Repealed by 824 and 843) 753 Rezone (Special) 718 Rezone (Special) 2012 S-31 Cupertino-Comprehensive Ordinance List 14 Ord. No. Ord. No. 754 Amends § 13.04.190, closing hour 784 Rezone(Special) regulations (13.04) 785 Prezone(Special) 755 Rezone(Special) 786 Prezone(Special) 756 Amends Ch. 11.04, abandoned 787 Rezone(Special) vehicles (11.04) 788 Rezone(Special) 757 Rezone(Special) 789 (Tabled) 758 Amends § 11.04.020, abandoned 790 Amends § 15.08.020, water rates vehicles(11.04) (Repealed by 1776) 759 Rezone(Special) 791 Interim zoning regulation establishing 760 Amends §§ 2.1, 5.111 and 5.112 of a moratorium on conversion of Ord. 656, signs (Not codified) apartments to condominiums (Not 761 Prezone(Special) codified) 762 Rezone (Special) 792 Amends Ord. 490, speed limits (Not 763 (Denied) codified) 764 Prezone (Special) 793 Amends § 18.16.250, off-tract storm 765 Rezone(Special) drainage fees (Title 18) 766 Agreement between city and California 794 Adds Ch. 16.44, unsafe, dilapidated Public Employees' Retirement System and abandoned buildings (Repealed by (Special) 1777) 767 Amends portions of Ord. 723, rezone 795 Prezone (Special) (Special) 796 Rezone(Special) 768 Amends § 6.18 and subsections 6.18.1 797 Rezone (Special) -- 6.18.5, residential real estate signs 798 Adds paragraphs (f), (g), (h) and(i)to (Repealed by 746) Section 906 of the Uniform Plumbing 769 Amends § 10.1 of Ord. 533, parking Code, special fixtures and specialties prohibited along certain streets (Repealed by 1708) (Repealed by 824 and 843) 799 Prezone(Special) 770 Amends § 6.5 of Ord. 652, zoning 800 Rezone(Special) (Not codified) 801 Rezone(Special) 771 Adds §§ 5.16.041 and 5.16.042, 802 Amends Ord. 220, zoning(Repealed garage sales (5.16) by 1601) 772 Prezone(Special) 803 Prezone(Special) 773 (Denied) 804 (Not adopted) 774 (Denied) 805 (Not adopted) 775 Rezone (Special) 806 (Not adopted) 776 Amends § 14.04.080, interest on 807 Amends subsection A of§2.08.090, payments for street improvements City Council order of business (2.08) (14.04) 808 Adds Ch. 3.25, sale of surplus supplies 777 Adds Ch. 5.32, bingo (5.32) and equipment(3.25) 778 Amends Ord. 2, zoning(14.18) 809 Prezone (Special) 779 Amends Ord. 220 by adding provisions 810 Adds §§5.20.015 and 5.20.150; concerning multiple-family residential amends § 5.20.110 and 5.20.140, zones; repeals § 6.1 of Ord. 220, § 1.1 peddlers and solicitors (5.20) of Ord. 220(a)(1) and Ords. 002(k), 811 Amends § 1.12.010 and 1.12.020, 002(k)(2) and 002(g), zoning general penalty(Repealed by 829 and (Repealed by 1601) 854) 780 Amends Ord. 2, zoning(Repealed by 812 Prohibition of certain types of 991) construction on Saturdays, Sundays 781 Annexation(Special) and holidays, and during certain hours 782 Adds § 16.08.231, amends on weekends (Repealed by 1022) § 16.08.230, parking slabs and decks 813 Amends Ord. 467, stop intersections and retaining walls (16.08) (Not codified) 783 Rezone (Special) 15 Comprehensive Ordinance List Ord. No. Ord. No. 814 Amends Ch. 16.16, National Electrical 854 Amends §§ 1.12.010 and 1.12.020, Code(Repealed by 1707) infractions; repeals Ords. 811 and 829 815 Prezone (Special) (1.12) 816 Rezone(Special) 860 Amends § 15.08.020, domestic water 817 Amends Ord. 533, stopping, standing service quantity rates (Repealed by and parking (Repealed by 824 and 843) 1776) 818 Amends §§ 3.24.070(A) and(B), and 861 Adds Ch. 10.25, smoking regulation 3.24.080, contracts(Repealed by (Repealed by 1886) 1582) 863 Amends Exhibit A of Ord. 467, stop 819 Rezone(Special) intersections (Not codified) 820 Prezone (Special) 865 Amends Ord. 843 § 12, penalty 821 Repeals and reenacts Ch. 15.20, sewer (11.24) systems(Repealed by 1776) 866 Repeals Ch. 5.28 (Repealer) 822 Amends §2.08.080, Council business 873 Amends §§ 10.1 and 10.2 of Ord. 843, (2.08) parking(11.24) 823 Amends Exhibit A of Ord. 492, 880 Adds Ch. 10.56, trespassing upon bicycle lanes (Not codified) parking lots, shopping center property 824 Stopping, standing and parking; and other property open to the public repeals Ords. 491, 533, 533(a), (10.56) 533(b), 533(c), 576, 622, 644, 657, 882 Amends §§ 18.16.260, 18.16.270, 659, 680, 688, 690, 706, 709, 717, 18.16.280, 18.16.290, 18.16.300 and 769 and 817 (Repealed by 853) 18.16.310, hillside subdivisions (Title 828 Amends Ord. 490, speed limits (Not 18) codified) 883 Adds Ch. 5.28, taxicabs (5.28) 829 -Amends §§ 1.12.010 and 1.12.020, 884 Adds Ch. 3.09, alternate sales and use infractions; repeals Ord. 811 tax(Repealed by 1705) (Repealed by 854) 886 Amends § 10.1 of Ord. 843, parking 830 Amends Ch. 2.30, Code Enforcement (11.24) Officer(2.30) 891 Amends Ch. 16.20, plumbing code 831 Stopping, standing and parking on (Repealed by 1708) private streets (11.26) 892 Amends Ch. 16.24, mechanical code 832 Adds Ch. 10.10, conduct in public (Repealed by 1709) buildings (10.10) 893 Amends Ch. 16.04, building code 833 Truck traffic routes; repeals Ord. 570 (Repealed by 1706) (11.32) 894 Amends paragraph B of§ 17.32.070, 834 Amends § 16.16.100, permit fees real estate signs(17.32) (Repealed by 1707) 895 Repeals Ch. 10.24 (Repealer) 836 Adds Ch. 10.82, license to sell 899 Amends § 11.24.150, parking(11.24) concealed weapons (Repealed by 1731) 900 Amends §§ 11.20.020 and 11.20.030, 842 Amends effective date of Ord. 823 vehicular stops (11.20) (Repealed by 853) 901 Amends (2) of subsection A of 843 Stopping, standing and parking; § 15.08.090, subsections A and B of repeals Ords. 491, 533, 533(a), § 15.12.020, and subsections C and F 533(b), 533(c), 576, 622, 644, 657, of§ 15.12.030, waterworks system 659, 680, 688, 690, 706, 709, 717, (Repealed by 1776) 769 and 817 (11.24) 902 Rezone(Special) 852 Amends § 16.28.040(B), fences 903 Adds paragraph F to § 11.24.040 and (16.28) (Repealed by Ord. 2085) § 11.24.220; temporary parking 853 Amends Exhibit A of Ord. 492, (11.24) bicycle lanes; repeals Ords. 824 and 904 Adds Ch. 11.36, closure of curbs and 842(Not codified) medians to vehicular traffic (11.36) 905 Prezone(Special) 2012 S-31 Cupertino-Comprehensive Ordinance List 16 Ord. No. Ord. No. 906 Condominium conversion provisions 936 Amends § 11.28.070, parking (Repealed by 1601) regulations(Repealed by 1301) 907 Amends § 2.12.010, publication of 937 Repair and maintenance of sidewalks ordinances (2.12) (Special) 908 Amends § 11.24.150, prohibited 938 Amends §§ 11.16.030 and 11.16.040, parking(11.24) through streets and highways 909 Amends § 8.08.240, dog license fees (Repealed by 1731) (Repealed by 931) 939 Amends § 11.12.030, establishes speed 910 (Not enacted) limits (11.12) 911 Amends public employees retirement 940 Changes Gill Cable to Gill Industries contract(Not codified) in Ord. 934 (Special) 912 Rezone(Special) 941 Amends § 11.16.030, through streets 913 Prezone (Special) and highways(Repealed by 1731) 914 Amends paragraphs B and C of 942 Amends § 11.20.030, stop § 10.82.020, license to sell concealed intersections (11.20) weapons (Repealed by 1731) 943 Prezone(Special) 915 Amends §§ 11.12.030 and 11.12.040, 944 Rezone (Special) speed limits (11.12) 945 Amends § 11.12.030, speed limits 916 Rezone(Special) (11.12) 917 Rezone(Special) 946 Amends §2.24.020, payments to City 918 Amends Ord. 575, zoning (Repealed (2.24) by 1601) 947 (Not adopted) 919 Amends Ord. 779, zoning (Repealed 948 Rezone(Special) by 1601) 949 Rezone(Special) 920 Building security (Not passed) 950 Rezone (Special) 921 Rezone (Special) 951 Adds Ch. 10.70, exhibition of drug 922 Amends § 10.45.020, operation of paraphernalia to minors (Repealed by ground-sweeping equipment(Repealed 1731) by 1022) 952 Rezone (Special) 923 Rezone (Special) 953 Adds Ch. 10.26, police alarm system 924 Adds Ch. 16.48, authorization of San and device regulation(10.26) Jose representatives to enforce 954 Rezone (Special) designated Cupertino provisions 955 Amends § 11.12.030, prima facie (Repealed by 1777) speed limits (11.12) 925 Rezone (Special) 956 Prezone(Special) 926 Repair and maintenance of sidewalks, 957 Rezone (Special) gutters and curbs, confirms 958 Prezone(Special) assessments to cover costs(Special) 959 Prezone(Special) 927 Amends § 11.24.150, parking 960 Rezone(Special) prohibition(11.24) 961 Adds Ch. 10.21, newsracks (10.21) 928 (Number not used) 962 (Not adopted) 929 Handicapped parking (Not codified) 963 Prezone(Special) 930 Adds Ch. 6.28, franchises for 964 Permit regulation(Not codified) community antenna television systems 965 Adds § 8.08.085; amends §§ 8.08.040 (Repealed by 1703) and 8.08.090, animal and rabies 931 Adds Ch. 8.08, animal and rabies control (Repealed by 1631) control(Repealed by 1631) 966 Rezone (Special) 932 Rezone(Special) 967 Rezone (Special) 933 Rezone (Special) 968 Amends § 8.08.160, animal 934 Cable TV service for annexed area impoundment and boarding fees (Special) (Repealed by 1631) 935 (Number not used) 969 Rezone (Special) 19 Comprehensive Ordinance List Ord. No. Ord. No. 1101 Amends § 11.31.020, parking on city 1135 Amends §§ 11.24.160, parking(11.24) property(11.31) 1136 Amends Ord. 652, zoning(Repealed 1102 Medfly spraying(Special) by 1601) 1103 Rezone (Special) 1137 Amends § 15.08.020, metered water 1104 Prezone(Special) service(Repealed by 1776) 1105 Amends contract between City Council 1138 Adds H to §§ 11.26.110, parking and Public Employees' Retirement (11.26) System(Special) 1139 Rezone(Special) 1106 Repeals Ch. 2.64 (Repealer) 1140 Amends § 11.24.150, parking (11.24) 1107 Adds subsections 28 and 29 to 1141 Amends § 11.28.070, parking § 10.48.010, community noise control (Repealed by 1301) (10.48) 1142 Rezone(Special) 1108 (Not enacted) 1143 Amends Ch. 16.08, excavations, 1109 Repeals § 16.40.090, fire code grading and retaining walls (16.08) (Repealer) 1144 Rezone(Special) 1110 Rezone(Special) 1145 Rezone (Special) 1111 Amends Ch. 10.24, fireworks(10.24) 1146 Rezone(Special) 1112 Rezone (Special) 1147 Amends contract with Board of 1113 Amends Ch. 16.40, fire code Administration of California Public (Repealed by 1711) Employees Retirement System(Not 1114 Prezone (Special) codified) 1115 Amends § 11.24.150, vehicles and 1148 Amends § 11.24.150, parking traffic (11.24) prohibitions (11.24) 1116 Amends §§ 8.08.040, 8.08.080, 1149 Amends § 10.48.062, noise control 8.08.085, 8.08.100, 8.08.220, (10.48) 8.08.270 and 8.08.330, animal and 1150 Date of municipal elections rabies control (Repealed by 1631) (Superseded by 1164) 1117 Adds Ch. 5.40, secondhand dealers 1151 Amends §§ 11.24.150 and 11.24.160, (5.40) parking prohibitions(11.24) 1118 Amends §§ 11.24.150 and 11.24.160, 1152 Amends §§ 11.24.150 and 11.24.160, vehicles and traffic (11.24) parking prohibitions(11.24) 1119 Adds §2.08.135, city council(2.08) 1153 Rezone(Special) 1120 Rezone(Special) 1154 Rezone (Special) 1121 Rezone(Special) 1155 Amends § 11.24.150, parking 1122 Rezone (Special) prohibitions (11.24) 1123 Rezone(Special) 1156 Amends § 11.20.020, stops(11.20) 1124 Amends §§ 11.24.150 and 11.24.160, 1157 Prezone(Special) vehicles and traffic (11.24) 1158 Rezone(Special) 1125 Rezone (Special) 1159 Prezone(Special) 1126 Rezone(Special) 1160 Rezone(Special) 1127 Rezone (Special) 1161 Rezone(Special) 1128 Rezone(Special) 1162 Rezone(Special) 1129 Amends §§ 11.24.150, parking(11.24) 1163 Amends § 11.24.170, parking (11.24) 1130 Amends §§ 11.20.020 and 11.20.030, 1164 Supersedes Ord. 1150; date of general stop signs (11.20) municipal elections(2.76) 1131 Amends Ord. 220(1), zoning 1165 Rezone (Special) (Repealed by 1601) 1166 Amends §§ 2.32.020, 2.36.020, 1132 Rezone (Special) 2.44.040, 2.60.020, 2.68.020 and 1133 Amends §2.08.090, order of business 2.74.020, appointments to advisory at city council meetings (2.08) bodies (2.32, 2.36, 2.60, 2.68, 2.74) 1134 Amends Chapter 16.12, preliminary soils report(16.12) Cupertino-Comprehensive Ordinance List 20 Ord. No. Ord. No. 1167 Amends §§2.32.040, 2.36.040, 1188 Amends §§ 8.08.070 and 8.08.200, 2.38.040, 2.44.040, 2.60.040, animal control (Repealed by 1631) 2.68.040 and 2.74.040, officers of 1189 Adds §§ 8.08.391 and 8.08.392; advisory bodies (2.32, 2.36, 2.60, amends §§ 8.08.040, 8.08.380, 2.68, 2.74) 8.08.390, 8.08.400, 8.08.420-- 1168 Adds §§ 16.40.165, 16.40.166 and 8.08.480, animal control (Repealed by 16.40.180, smoke detection devices 1631) (Repealed by 1711) 1190 (Not used) 1169 Rezone(Special) 1191 Extends expiration date of Ch. 10.26, 1170 Amends § 11.24.150, parking(11.24) police alarm systems and devices 1171 Prrezone(Special) (10.26) 1172 Amends §§ 11.24.150 and 11.24.160, 1192 Amends § 2.08.090, city council stopping, standing and parking (11.24) meetings(2.08) 1173 Amends § 11.08.290, bicycle lanes 1193 (Not adopted) (11.08) 1194 Rezone (Special) 1174 Prezone(Special) 1195 Prezone (Special) 1175 Adds Ch. 15.30, cross-connections and 1196 Amends § 11.32.090, truck traffic backflow protection(Repealed by routes (11.32) 1776) 1197 Adds Ch. 11.27, permit parking zone 1176 Extends Ch. 10.26, police alarm (11.27) systems(Special) 1198 Rezone(Special) 1177 Rezone(Special) 1199 Adds §2.44.120, architectural and site 1178 Amends § 11.24.150, parking approval committee(Repealed by restrictions(11.24) 1630) 1179 Adds §§ 5.08.110, 5.40.070, 1200 Amends § 16.12.020, preliminary soil 16.44.150 and 16.52.016; amends report(16.12) §t; 1.12.010, 3.08.170, 3.09.170, 1201 Rezone (Special) 3.12.140, 5.04.560, 5.16.070, 1202 Amends Title 18, subdivisions (Title 5.24.150, 6.24.220, 8.04.150, 18) 9.04.130, 10.10.030, 10.28.020, 1203 Amends §§ 11.24.150 and 11.24.160, 10.46.070, 10.48.012, 10.52.090, parking(11.24) 10.68.060, 10.76.020, 11.26.130, 1204 Adds to § 11.20.020, stop intersections 11.28.060, 11.32.090, 13.04.240, (11.20) 14.08.100, 14.20.120, 16.28.080, 1205 (Not enacted) 16.32.080 and 18.24.080, penalties; 1206 Rezone (Special) repeals § 18.1 of Ord. 002(4), §7.1 of 1207 Amends §§ 10.26.080, 10.26.090 and Ord. 276, and § 16.04.160(1.12, 10.26.140 and repeals § 10.26.180, 3.08, 3.12, 5.04, 5.16, 5.40, 9.04, police alarms (10.26) 10.10, 10.48, 10.52, 10.76, 11.26, 1208 Adds subsection F to § 17.32.100 and 11.28, 11.32, 13.04, 14.08, 14.20, § 17.08.085; amends § 17.32.070; 16.28(Repealed by Ord. 2085), 16.32, signs (17.08, 17.32) 16.52, Title 18) 1209 Rezone (Special) 1180 Date of general elections (Repealed by 1210 Amends subsection A of§ 3.12.030, 1697) transient occupancy tax(3.12) 1181 Amends § 11.20.030, all-directional 1211 Amends Ch. 11.30, traffic in vehicular stop (11.20) downtown area(11.30) 1182 Rezone(Special) 1213 Amends § 2.32.050, planning 1183 Rezone(Special) commission(2.32) 1184 Rezone(Special) 1215 Adds § 8.08.255, rabies control 1185 Rezone(Special) (Repealed by 1631) 1186 Repeals subsection(k)of§ 15.12.080, 1217 Amends § 15.08.020, water rates waterworks system(Repealed by 1776) (Repealed by 1776) 1187 Amends § 3.12.030, transient occupancy tax(3.12) 2012 S-31 21 Comprehensive Ordinance List Ord. No. Ord. No. 1218 Adds to § 11.24.150, parking(11.24) 1252 Amends subsections B and C of 1219 Amends §2.12.040, ordinance passage § 9.12.032, hazardous materials (2.12) storage(9.12) 1220 Adds Ch. 9.12, hazardous materials 1253 Amends § 9.12.031, subsections D and storage (9.12) E of§ 9.12.032 and § 9.12.088, 1221 Amends § 11.24.150, stopping, hazardous materials storage(9.12) standing and parking(11.24) 1254 (Not adopted) 1222 (Not enacted) 1255 Amends § 5.32.080, bingo(5.32) 1223 Rezone and prezone (Special) 1256 Adds Ch. 19.116, development 1224 Adds § 3.32.045; amends §§ 3.32.020, agreement(19.116(Repealed by Ord. 3.32.040, 3.32.050, 3.32.070, 2085)) (Ch. 19.116 renumbered as Ch. 3.32.080 and 3.32.100, construction 19.144 by Ord. 2085) tax(3.32) 1257 Amends §§ 8.08.080C and 8.08.490, 1225 Amends § 2.12.020, ordinance and animal and rabies control(Repealed by resolution passage (2.12) 1631) 1226 Amends § 11.20.020, stop 1258 Rezone(Special) intersections(11.20) 1259 Amends § 2.08.090A, council 1227 Rezone(Special) meetings (2.08) 1228 Renumbers § 11.08.300 to 1260 Rezone (Special) § 11.08.310; adds new § 11.08.300; 1261 Amends § 11.20.030, stop signs amends § 11.08.290, bicycles (11.08) (11.20) 1229 Rezone(Special) 1262 Zoning(Special) 1230 Rezone (Special) 1263 Adds Ch. 1.09, nuisance abatement 1231 Prezone(Special) (1.09) 1233 Amends Ch. 2.74, Cable Television 1264 Amends § 11.24.160, parking Advisory Committee(2.74) restrictions(11.24) 1235 Adds Ch. 9.16, mosquito abatement 1265 Amends § 11.24.160, parking (Repealed by 1722) restrictions (11.24) 1236 Rezone(Special) 1266 Amends § 11.24.150, parking(11.24) 1237 Amends Ords. 881 and 991, zoning 1267 Amends §§ 11.32.010 and 11.32.050, (Not codified) truck routes(11.32) 1238 RHS zone (Repealed by 1450) 1268 Amends § 11.20.030, stop signs 1239 Prezone(Special) (11.20) 1240 R1 zone(Repealed by 1374) 1269 Rezone(Special) 1241 Amends § 5.28.170, taxi driver 1270 Rezone and prezone(Special) permits (5.28) 1271 Amends Ch. 10.24, fireworks(10.24) 1242 Rezone(Special) 1272 Amends Ch. 10.24, fireworks (10.24) 1243 Amends § 11.12.030, speed limits 1273 (Not adopted) (11.12) 1274 Rezone(Special) 1244 Amends Ch. 9.12, hazardous materials 1275 Rezone (Special) storage(9.12) 1276 Amends §§ 11.24.150, 11.24.160 and 1245 Amends §§ 11.24.150 and 11.24.160, 11.24.170, parking(11.24) parking(11.24) 1277 Repealing certain zoning ordinances 1246 (Not used) and establishing parking regulations 1247 Amends § 15.08.020, water rates (Repealed by 1601) (Repealed by 1776) 1278 Amends §§ 10.48.014 and 10.48.053, 1248 Amends zoning application(Special) community noise control (10.48) 1249 Prezone(Special) 1279 Adds § 8.08.505, adoption of animals 1250 Amends zoning application(Special) (8.08) 1251 Amends §§ 3.08.120 and 3.08.130, 1280 Amends §§ 2.74.010 through sales and use tax(3.08) 2.74.030, cable television advisory committee(2.74) 2012 S-31 Cupertino-Comprehensive Ordinance List 22 Ord. No. Ord. No. 1281 Amends § 2.16.020, council salaries 1310 Amends Ch. 16.20, plumbing code (2.16) (Repealed by 1708) 1282 Rezone (Special) 1311 Amends Ch. 16.24, mechanical code 1283 Amends Ord. 652, zoning (Not (Repealed by 1709) codified) 1312 Amends Ch. 16.16, electrical code 1284 Amends Ord. 618, zoning (Not (Repealed by 1707) codified) 1313 Adds § 11.26.140, parking(11.26) 1285 Amends § 11.24.150, parking (11.24) 1314 Business license tax amnesty (Not 1286 Amending Article 10 of Title 18 and codified) §§ 18-1.1001 - 18-1.1006, merger of 1315 Rezone (Special) subdivision parcels (Title 18) 1316 Rezone(Special) 1287 Rezone (Special) 1317 Amends Ord. 1165, rezone (Special) 1288 Interim zoning for general commercial 1318 Rezone (Special) zones(Not codified) 1319 Rezone (Special) 1289 Amends portion of§ 11.24.150, 1320 Amends §§ 17.08.280, 17.16.010(f) stopping, standing and parking (11.24) and 17.32.120; repeals and replaces 1290 Amends Ord. 1288 to extend § 17.32.040, signs(17.08, 17.16, termination date, interim zoning(Not 17.32) codified) 1321 Amends §§ 2.32.020, 2.32.040, 1291 Rezone (Special) 2.36.020, 2.36.040, 2.38.020, 1292 Amends § 2.08.080(A) and(C), city 2.38.040(A), 2.44.040, 2.60.020, council meeting rules (2.08) 2.60.040, 2.68.020, 2.68.040 and 1293 Rezone(Special) 2.74.020, terms of office (2.32, 2.36, 1294 Amends Ch. 10.25, smoking 2.60, 2.68, 2.74) restrictions in public places(Repealed 1322 Adds Ch. 11.10, off-street vehicles by 1886) (11.10) 1295 Amends general commercial zone; 1323 Rezone(Special) repeals Ord. 220(j), zoning(Not 1324 Rezone (Special) codified) 1325 Amends § 11.24.150, parking (11.24) 1296 Amends § 15.08.020, water rates 1326 Prezone(Special) (Repealed by 1776) 1327 Rezone (Special) 1297 Adds language to § 11.20.030, stop 1328 Adds §§ 18-1.503, 18-1.503.1, intersections (11.20) 18-1.503.2, 18-1.503.3 and 1298 Rezone (Special) 18-1.503.4, subdivisions(Title 18) 1299 Rezone (Special) 1329 Amends § 2.08.090A, city council 1300 Adds § 8.08.155, animals in motor meetings (2.08) vehicles(Repealed by 1631) 1330 Prezone(Special) 1301 Repeals § 11.28.070, parking 1331 Rezone(Special) (Repealer) 1332 Rezone(Special) 1302 Amends § 11.24.150, stopping, 1333 Rezone (Special) standing and parking (11.24) 1334 Rezone(Special) 1303 Amends § 3.08.020, sales use tax 1335 Prezone (Special) (3.08) 1336 Prezone(Special) 1304 Amends § 11.24.150, prohibited 1337 Rezone (Special) parking(11.24) 1338 Amends § 11.24.150, prohibited 1305 Amends § 1 of Ord. 2, zoning parking(11.24) application(Special) 1339 Amends §§ 11.20.020 and 11.20.030, 1306 Adds Ch. 2.78, landlord-tenant vehicles and traffic (11.20) mediation(2.78) 1340 Amends § 11.24.180, diagonal parking 1307 Rezone (Special) (11.24) 1308 Amends Ch. 16.04, building code 1341 Amends § 3.12.030A, transient (16.04) occupancy tax(3.12) 1309 Amends Ch. 16.40, fire code 1342 Rezone(Special) (Repealed by 1711) 1343 Rezone(Special) 2012 S-31 25 Comprehensive Ordinance List Ord. No. Ord. No. 1458 Special election on bond issuance for 1483 Amends § 11.24.180, diagonal parking park, recreational and open space (11.24) improvements (Special) 1484 Amends Ord. 2(d), zoning(Repealed 1459 Amends §§2.32.010 and 2.32.020, by 1601) Planning Commission(2.32) 1485 Amends § 3.12.030(A), transient 1460 Amends §§2.36.010 and 2.36.020, occupancy tax(3.12) Parks and Recreation Commission 1486 Rezone(Special) (2.36) 1487 Amends § 2.16.020, City Council 1461 Amends §§ 2.38.010 and 2.38.020, salaries (2.16) Energy Commission(Repealed by 1488 Amends §4.1(a)of Ord. 652, zoning 1581) (Not codified) 1462 Amends §2.44.040, Architectural and 1489 Urgency water conservation Site Approval Committee(Repealed by restrictions and regulations (Not 1630) codified) 1463 Amends §§ 2.60.010 and 2.60.020, 1490 Rezone(Special) Public Safety Commission(2.60) 1491 (Number not used) 1464 Amends §§ 2.68.010 and 2.68.020, 1492 Amends § 15.12.110, waterworks Library Commission(2.68) system regulations and enforcement 1465 Amends §§ 2.74.010 and 2.74.020, (Repealed by 1776) Cable Television Advisory Committee 1493 Adds §§ 16.04.047, 16.04.048 and (2.74) 16.16.045; amends §§ 16.04.010, 1466 Amends §§2.80.010 and 2.80.020, 16.04.040, 16.16.010, 16.20.010, Fine Arts Commission(2.80) 16.24.010, 16.40.010, 16.40.030, 1467 Amends § 11.24.150, prohibited 16.40.040, 16.40.060, 16.40.080 and .parking (11.24) 16.56.010, buildings and construction; 1468 Rezone(Special) repeals §§ 16.20.035, 16.40.050 and 1469 Prezone (Special) 16.40.070(Repealed by 1711) 1470 Zoning (Special) 1494 Rezone (Special) 1471 Rezone (Special) 1495 Amends Ord. 321, zoning(Repealed 1472 Amends § 5.20.110, peddlers and by 1601) solicitors (5.20) 1496 Amends § 6.4 of Ord. 652, zoning 1473 Amends § 2.38.010, Energy (Repealed by 1601) Commission(Repealed by 1581) 1497 Adds § 1.12.010(A)(3), general 1474 Rezone(Special) penalty(1.12) 1475 Amends § 2.40.030, Disaster Council 1498 Rezone (Special) (2.40) 1499 Rezone (Special) 1476 Amends §§ 11.24.160 and 11.24.170, 1500 Amends § 11.24.200, stopping, parking restrictions (11.24) standing and parking on public streets 1477 Amends § 6 of Ord. 1344, zoning(Not (11.24) codified) 1501 Adds § 8.08.525, animal and rabies 1478 Concurrent sales of alcoholic control (Repealed by 1631) beverages and gasoline(5.44) 1502 Rezone(Special) (Renumbered as Ch. 19.132 by Ord. 1503 Rezone(Special) 2085) 1504 Rezone(Special) 1479 Adds Ch. 14.05, park maintenance 1505 Amends Ch. 5.20, solicitors (5.20) fees, and amends § 14.04.040, street 1506 Adds § 3.24.085, purchase of supplies improvements (14.04, 14.05) and equipment(Repealed by 1582) 1480 Amends § 2.48.020, city departments 1507 Amends Table 11.12.030, speed limits (2.48) (11.12) 1481 Amends § 6.28.030, CATV franchises 1508 Amends §2.01 of Ord. 1489, urgency (Repealed by 1703) water conservation restrictions and 1482 Amends § 11.20.030, stop regulations (Not codified) intersections (11.20) 1509 Rezone (Special) 2012 S-31 Cupertino-Comprehensive Ordinance List 26 Ord. No. Ord. No. 1510 Amends Res. 468, Planning 1541 Temporary conditional use permits Commission(Not codified) (Not codified) 1511 Rezone(Special) 1542 Amends § 11.12.030, speed limits 1512 Repeals § 7 of Ord. 1489, urgency (11.12) water conservation restrictions and 1543 Amends Ord. 778, heritage and regulations (Not codified) specimen trees (14.18) 1513 Water conservation(15.32) 1544 Amends § 11.08.250, bicycles (11.08) 1514 (Repealed by 1612) 1545 Amends § 11.24.160, parking(11.24) 1515 Rezone(Special) 1546 Amends §§ 1.09.060, 1.09.140; 1516 Amends § 14.04.200(A), street repeals and replaces 1.09.070, improvements (14.04) nuisance abatement(1.09) 1517 Amends § 11.08.250, bicycle lane 1547 Amends §§ 11.24.150 and 11.24.160, designation(11.08) parking regulations (11.24) 1518 Amends § 11.24.160, stopping, 1548 Amends § 11.12.030, speed limits standing and parking on public streets (11.12) (11.24) 1549 Amends § 2.32.050, Planning 1519 Amends § 16.56.030, Uniform Commission meetings (15.49) Housing Code(Repealed by 1710) 1550 Prezone(Special) 1520 Amends (A)of§ 3.12.030, alternate 1551 Amends §§2.20.030, 2.20.040, sales and use tax(3.12) 2.20.050, 2.20.070, 2.20.080, 1521 Amends § 11.24.150, parking(11.24) 2.20.100 and 2.20.110, city clerk 1522 Rezone (Special) (2.20) 1523 Rezone(Special) 1552 Amends § 11.20.020, traffic 1524 Water conservation(15.32) regulations (11.20) 1525 •Adds Ch. 16.42, toxic gases (16.42) 1553 Amends § 11.24.150, parking 1526 Amends §§ 10.26.090- 10.26.130, regulations (11.24) alarm systems (10.26) 1554 Rezone(Special) 1527 Adds § 12.2 to Ord. 1449, §7.3 to 1555 Adds Ch. 9.20, off-site hazardous Ord. 575, §4.3 to Ord. 779, § 13.2 to waste facilities (9.20) Ord. 1452, § 13.2 to Ord. 1451 and 1556 Amends § 11.12.030, speed limits § 15.2 to Ord. 1450, zoning (Repealed (11.12) by 1601) 1557 Amends §§ 11.20.020, traffic 1528 Rezone (Special) regulations (11.20) 1529 Amends §3.32.050, construction tax 1558 Water conservation(15.32) (3.32) 1559 Prezone (Special) 1530 Rezone(Special) 1560 Amends § 11.08.160, bicycles(11.08) 1531 Adds Ch. 16.60, unreinforced masonry 1561 Amends § 2.08.090(A), City Council buildings (Repealed by 1777) meetings (2.08) 1532 Adds Ch. 10.30, elimination of bodily 1562 Amends § 11.24.150, parking waste in public (10.30) regulations (11.24) 1533 Amends Ord. 1532 and § 10.30.030, 1563 Amends § 3.12.030(A), transient elimination of bodily waste in public occupancy tax(3.12) (10.30) 1564 Amends § 11.24.150, parking 1534 Adds Ch. 3.34, utility users excise tax regulations (11.24) (3.34) 1565 PERS contract amendment(Special) 1535 Adds Ch. 2.84, Environmental Review 1566 Amends § 11.12.030, speed limits Committee (2.84) (11.12) 1536 Rezone (Special) 1567 Amends Ch. 16.16, electrical code 1537 Rezone (Special) (Repealed by 1707) 1538 Adds Ch. 11.37, overweight vehicle 1568 Amends § 128.1 of Ord. 220(I), permit (11.37) zoning(Not codified) 1539 Rezone (Special) 1569 Adds §§ 19.21.080-49.21.140, zoning 1540 Approves certain development (19.52) (Renumbered to §§ 19.56.010 agreement(Special) - 19.56.060 by Ord. 2085) 2012 S-31 27 Comprehensive 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(Repealed by Ord. 2085), 19.16, and equipment; repeals Ch. 3.24 19.20(Repealed by Ord. 2085), 19.24, (3.22) 19.28, 19.32, 19.36, 19.40, 19.44, 1583 Adds Ch. 3.23, public works contract 19.48 (Repealed by Ord. 2073), 19.52 and bidding procedures(3.23) (Repealed by Ord. 2085), 19.56 1584 Amends § 11.12.030, speed limit on (Repealed by Ord. 2085), 19.60 Miller Avenue(11.12) (Repealed by Ord. 2085), 19.64 1585 Amends §§ 11.29.030--11.29.060, on- (Repealed by Ord. 2085), 19.68, site parking (Repealed by 1940) 19.72, 19.76, 19.80(Repealed by Ord. 1586 Adds Ch. 11.38, transportation 2085), 19.84(Repealed by Ord. 2085), demand management(Repealed by 19.88 (Repealed by Ord. 2085), 19.92, 1731) 19.96, 19.100, 19.104 (Repealed by 1587 Amends §§ 15.32.010, 15.32.020, Ord. 2085), 19.108(Repealed by Ord. 15.32.030, 15.32.050, and 15.32.060, 2085), 19.112, 19.116, 19.120, water conservation(15.32) 19.124, 19.128, 19.132 (Repealed by 1588 Adds Ch. 10.27, cigarette and/or Ord. 2085), 19.136, 19.140, 19.152, tobacco vending machines (10.27) 19.160) 1589 Amends § 11.24.150, parking 1602 Rezone (Special) prohibitions on Finch Avenue (11.24) 1603 (Number not used) 1590 Amends §§ 16.04.010 and 16.04.065, 1604 Amends Ch. 15.12, waterworks repeals §§ 16.04.040, 16.04.045 and system(Repealed by 1776) 16.04.047, building code (Repealed by 1605 Amends § 11.24.150, parking 1706) prohibitions(11.24) 1591 Amends §§ 16.20.010, 16.20.020, 1606 Adds Ch. 9.06, massage 16.20.030 and 16.20.050, plumbing establishments (9.06) code (Repealed by 1708) 1607 Amends (75) and(76)of§ 19.02.030, 1592 Amends §§ 16.24.010, 16.24.030 and zoning(19.02) 16.24.070, mechanical code (Repealed by 1709) 2012 S-31 Cupertino -Comprehensive Ordinance List 28 Ord. No. Ord. No. 1608 Adds Ch. 19.05A (OS open-space 1625 Amends § 5.16.040, garage and patio zones), amends §§ 19.88.010 and sales (5.16) 19.88.020, zoning (19.24 (Repealed by 1626 Amends §§ 6.24.070 and 6.24.080, Ord. 2085), 19.88) garbage containers(6.24) 1609 Amends § 18-1.803.2, 18-1.402.4(4), 1627 Amends § 18-1.201.(H), defmition of 18-1.402.5.1(B), 18-1.602.5(A) and lot line adjustment(18-1.201.) 18-1.602.7, subdivisions (18.16, 1628 Repeals and replaces Ch. 10.44, 18.24, 18.32) parades and athletic events(10.44) 1610 Adds subsection(F) to § 16.12.030, 1629 Amends § 11.37.040, fee for soil report(16.12) processing overweight vehicle permit 1611 Adds § 14.04.125, traffic diverters (11.37) (14.04) 1630 Amends §§ 14.15.040(E), 1612 Amends Ch. 5.04, business license 14.15.050(A), 14.18.060, 14.18.080, taxes (5.04) 14.18.120, 14.18.140, 14.18.160, 1613 Amends contract with Board of 16.28.030, 19.16.060(E)(3), Administration of California Public 19.20.060(E)(4), 19.28.070, Employees Retirement System(Not 19.44.070(E)(4), 19.56.070, codified) 19.76.050(E), 19.88.060(7)(1) and(2), 1614 Moratorium on certain subdivision, 19.132.060 and 19.136.060; repeals building and grading uses in Ch. 2.44 and §§ 19.44.090, 19.48.100 Inspiration Heights area(Not codified) and 19.68.080, review authority 1615 Adds Ch. 14.15, xeriscape (14.15 (Repealed by Ord. 2058), landscaping; amends title of Title 14 to 14.18, 16.28 (Repealed by Ord. 2085, be Streets, Sidewalks and Landscaping 19.16 (Repealed by Ord. 2085), 19.20 -(Repealed by Ord. 2058) (Repealed by Ord. 2085), 19.28 1616 Amends § 2.7.3 of Ord. 1606, (Repealed by Ord. 2085), 19.44 massage establishments and services (Repealed by Ord. 2085), 19.48 (9.06) (Repealed by Ord. 2073), 19.56 1617 Amends §2.04.040, vacancy on City (Repealed by Ord. 2085), 19.76 Council (2.04) (Repealed by Ord. 2085), 19.88 1618 Amends §§ 19.08.030, 19.28.030, (Repealed by Ord. 2085), 19.132 19.28.100, 19.56.040 and 19.124.100, (Repealed by Ord. 2085)and 19.136 zoning (19.08, 19.28 (Repealed by (Repealed by Ord. 2085)) Ord. 2085), 19.56(Repealed by Ord. 1631 Repeals and replaces Title 8, animals 2085), 19.124 (Repealed by Ord. (Repealed by 1644) 2073)) 1632 Amends § 3.23.120(B); repeals 1619 Extends moratorium contained in Ord. §3.23.120(C), public works contract 1614 (Not codified) and bidding procedures (3.23) 1620 Amends Ch. 16.32, swimming pools 1633 Amends § 11.24.160, stopping, (16.32) standing and parking(11.24) 1621 Rezone (Special) 1634 Amends §§ 19.28.060, 19.40.010 and 1622 Amends Ch. 15.32, water conservation 19.40.020, zoning(19.28 (Repealed by (15.32) Ord. 2085), 19.40) 1623 Amends § 2.48.020(A); repeals 1635 Adds §§ 18-1.1303(G) and(H); §§ 2.48.020(F) and 2.48.020(G), amends §§ 18-1.1303(B), (C) and(D), department organization(2.48) 19.08.030, 19.28.060 and 19.28.070, 1624 Amends Title 17, signs; adds subdivisions and zoning (18.52, 19.08, Appendices A-1 through A-9 to Title 19.28 (Repealed by Ord. 2085)) 17 (17.04, 17.08, 17.12, 17.16, 17.20, 1636 (Number not used) 17.24, 17.32, 17.44, 17.52, Title 17, 1637 Adds subsection(F) to § 14.15.050 Appendices A-1 through A-9) (Title 17 and Appendix A to Ch. 14.15; amends Repealed by Ord. 2085)Amends § 14.15.040, xeriscape landscaping; § 19.104.010, zoning(19.104) adds subsection(D)to § 16.28.040, 2012 S-31 29 Comprehensive Ordinance List Ord. No. Ord. No. fences; adds § 19.76.070, and 1651 Adds subsection C to § 14.24.040; subsections (D)(4) to § 19.28.060 and repeals subsection D of§ 14.24.080, (C)to; amends §§ 19.08.030, underground utilities--new 19.24.030(D), 19.28.070, developments(14.24) [19.48.030B, C and D], 19.48.050(A) 1652 Adds §§ 14.04.175 and 14.04.176; and(B), 19.48.070(A), 19.48.080, amends §§ 14.04.010(H)and(I), 19.48.090(A), 19.56.040, 19.56.070, 14.04.110 and 14.04.160(B), street 19.64.040(A), 19.80.030(B)(2), improvements (14.04) 19.92.040, 19.100.030, 1653 Adds Art. 14 to Title 18, street facility 19.104.030(A), 19.104.040(A), reimbursement charges (18.56) 19.120.040, 19.124.040, 19.128.030, 1654 Amends § 19.08.030, zoning (19.08) 19.128.040, zoning(14.15 (Repealed 1655 Amends §§ 17.24.130, 17.32.040, by Ord. 2058), 16.28 (Repealed by 17.44.030 and 17.44.080, signs Ord. 2085), 19.08, 19.24 (Repealed by (17.24, 17.32, 17.44) Ord. 2085), 19.28 (Repealed by Ord. 1656 Amends §§ 19.04.090, 19.48.090 2085), 19.48 (Repealed by Ord. 2073), [19.48.070] and 19.124.030, zoning 19.56, 19.64 (Repealed by Ord. 2085), (19.04, 19.48 (Repealed by Ord. 19.76(Repealed by Ord. 2085), 19.80 2073), 19.124(Repealed by Ord. (Repealed by Ord. 2085), 19.92 2073)) (Repealed by Ord. 2085), 19.100 1657 Amends §§ 19.08.030, 19.20.030, (Repealed by Ord. 2085), 19.104 19.20.040, 19.28.030, 19.32.030, (Repealed by Ord. 2085), 19.120, 19.32.040, 19.36.040, 19.40.030, 19.124, 19.128) 19.40.040, 19.44.040, 19.44.050 and 1638 Rezone (Special) Ch. 19.100, 19.124.040 zoning 1639 -Amends §§ 2.36.010, 2.36.020(B) and (19.08, 19.20(Repealed by Ord. 2.36.050, park and recreation 2085), 19.28 (Repealed by Ord. 2085), commission(2.36) 19.32(Repealed by Ord. 2085), 19.36 1640 Amends subsections (B) and(H)of (Repealed by Ord. 2085), 19.40 § 10.44.020, parades and athletic (Repealed by Ord. 2085), 19.44 events (10.44) (Repealed by Ord. 2085), 19.100 1641 Amends Ch. 2.86, affordable housing (Repealed by Ord. 2085), 19.124) committee (2.86) 1658 Amends §§ 19.40.030(G), 19.40.050 1642 Amends § 2.20.010, city clerk(2.20) and 19.40.060, zoning; repeals 1643 Amends Ch. 9.06, massage § 19.40.040(A)(8) (19.40) (Repealed establishments (9.06) by Ord. 2085) 1644 Repeals and replaces Title 8, animals 1659 Rezone (Special) (Title 8) 1660 Amends Ch. 2.16, city council-- 1645 Amends § 11.24.160, parking salaries(2.16) prohibition(11.24) 1661 Adds § 10.25.110, regulation of 1646 Rezone (Special) smoking in certain public places 1647 Amends Ch. 10.25, regulation of (Repealed by 1886) smoking in certain public places 1662 Rezone(Special) (Repealed by 1886) 1663 (Number not used) 1648 Amends § 11.38.040, transportation 1664 Adds Title 20, general and specific demand management(Repealed by plans (20.02, 20.04) 1731) 1665 Repeals and replaces Ch. 10.68, 1649 Amends § 11.08.160, bicycles (11.08) juvenile curfew regulations (10.68) 1650 Amends § 11.29.040(A)(1), on-site 1666 Adds new § 10.56.040; amends parking; amends § 19.96.030(A)(1), §§ 10.56.020 and 10.56.030; amends parking and keeping vehicles in and renumbers § 10.56.040 to be various zones (Repealed by 1940) 10.56.050; renumbers §§ 10.56.050 to 2012 S-31 Cupertino-Comprehensive Ordinance List 30 Ord. No. Ord. No. be 10.56.060 and 10.56.060 to be 1685 Rezone (Special) 10.56.070, trespassing upon parking 1686 (Not passed) lots, shopping center property and 1687 Amends Ch. 19.56, §§ 19.60.010, other property open to the public 19.60.020, 19.60.040 zoning(19.56 (10.56) (Repealed by Ord. 2085) 19.60) 1667 (Not passed) 1688 Adds defmitions to § 19.08.030 and 1668 Amends §§ 10.21.010, 10.21.020, §§ 19.16.030(J), 19.16.040(B)(3)--(6), 10.21.040, 10.21.070 and 10.21.080, 19.20.030(J) and(K), news racks; repeals §§ 10.21.050, 19.20.040(B)(10)--(13), 19.28.030, 10.21.080, 10.21.090 and 10.21.110 19.32.030(H) and(I), (:10.21) 19.32.040(B)(2)--(5), 19.36.030(G) 1669 Adds Ch. 10.60, regulation of graffiti and(H), 19.36.040(B)(3)--(5), (10.60) 19.40.030(H)[I], 19.40.040(B)(3)--(5) 1670 Rezone (Special) and 19.44.040(F) and(H) [E and F]; 1671 Adds Ch. 19.81, recycling areas amends §§ 19.16.030(I), (19.81) (Repealed by Ord. 2085) 19.28.030(F), 19.36.040(B)(2), 1672 Adds Ch. 1.16, appeals of 19.40.030(F), 19.40.040(B)(2), administrative decisions (1.16) 19.44.050, 19.64.050(C)and 1673 Adds Ch. 2.18, city attorney (2.18) 19.100.020, 19.124.020 zoning 1674 Amends § 18-1.602.10, credit for (19.08, 19.16(Repealed by Ord. private recreation or open space 2085), 19.20(Repealed by Ord. 2085), (18.24) 19.28 (Repealed by Ord. 2085), 19.32 1675 Repeals and replaces Ch. 1.08, right of (Repealed by Ord. 2085), 19.36 entry for inspection(1.08) (Repealed by Ord. 2085), 19.40 1676 .Adds §§ 11.04.011, 11.04.019, (Repealed by Ord. 2085), 19.44 11.04.031, 11.04.091 and 11.04.092; (Repealed by Ord. 2085), 19.64 amends §§ 11.04.010, 11.04.020, (Repealed by Ord. 2085), 19.100 11.04.030, 11.04.040, 11.04.050, (Repealed by Ord. 2085), 19.124) 11.04.062, 11.04.070, 11.04.090, 1689 Rezone (Special) 11.04.100, 11.04.110, 11.04.120, 1690 Rezone (Special) 11.04.130, 11.04.140 and 11.04.150; 1691 Rezone(Special) repeals §§ 11.04.061, 11.04.080 and 1692 Amends § 11.12.030, speed limits 11.04.160, abatement of abandoned (11.12) vehicles (11.04) 1693 Amends § 16.40.250, fire code 1677 Amends §§ 1.09.030, 1.09.040, (Repealed by 1711) 1.09.050, 1.09.060, 1.09.080, 1694 Rezone (Special) 1.09.100, 1.09.110 and 1.09.150; 1695 Amends Condition 4 of Application repeals §§ 1.09.070, 1.09.090, 2-Z-94 relating to tree protection(Not 1.09.120, 1.09.130 and 1.09.140, codified) nuisance abatement(1.09) 1696 (Number not used) 1678 Amends § 2.48.020, departmental 1697 Adds §§ 2.04.005, 2.04.025, city organization(2.48) council--election and meetings (time 1679 Adds Ch. 2.88, audit committee(2.88) and place), and 2.08.105, city council- 1680 Rezone (Special) -rules and conduct of meetings; 1681 Amends Ord. 1223, rezone (Special) amends Ch. 1.01 footnote and 1682 Adds Ch. 19.82, beverage container §§ 1.01.010, 1.01.030, code adopted, redemption and recycling centers 1.04.010(3), general provisions, (19.82) (Repealed and renumbered Ch. 1.09.030(B), 1.09.090, 1.09.180, title 19.108 by Ord. 2085) of App. A to Ch. 1.09, nuisance 1683 Amends §§ 11.24.150 and 11.24.160, abatement, Ch. 1.12 footnote, establishment of certain parking 1.12.010(B) and(C), 1.12.020, prohibition(11.24) general penalty, 1.16.020(D), appeal 1684 Rezone (Special) of administrative decisions, title of Ch. 2012 S-31 31 Comprehensive Ordinance List Ord. No. Ord. No. 2.04, 2.04.020, 2.04.040(A) and 1703 Repeals and replaces Ch. 6.28, cable (C)(1), 2.08.080(B), 2.08.090(A), television franchise regulations 2.08.095(B)(1) and(C), 2.08.100, (Repealed by 09-2045) 2.12.010, 2.12.020, introduction and 1704 Adds intersection to § 11.20.030 and passage of ordinances, 2.20.010, deletes intersection from§ 11.20.020, 2.20.020, 2.20.110, city clerk, stop signs (11.20) 2.24.010, 2.24.020, 2.24.030, 1705 Adds §§ 5.28.045, 5.28.165 and 2.24.040, city treasurer, 2.28.010, 5.28.175, taxicabs; amends 2.28.030(B), 2.28.040, 2.28.050, §§ 2.80.020(A), fine arts commission, 2.28.060, 2.28.070, 2.28.090, city 3.04.040, revenue and finance, manager, 2.30.010, 2.30.020, code 3.08.090, sales and use tax, enforcement officer, 2.32.020(A), 3.12.020(G), transient occupancy tax, 2.32.040, 2.32.060(B), 2.32.070, 5.16.040, 5.16.050, garage and patio 2.32.090, planning commission, sales, 5.28.070(F), (G), (H)and(N), 2.36.040, park and recreation 5.28.080, 5.28.100, 5.28.110, commission, 2.40.020, 2.40.030, 5.28.130(A), 5.28.170, taxicabs, 2.40.040, 2.40.050, 2.40.060(B) and 5.32.020, 5.32.030, 5.32.050, (G)(3), 2.40.090, disaster council, 5.32.060, 5.32.080, 5.32.110, 2.48.020, departmental organization, 5.32.160, 5.32.190, 5.32.200(C), 2.52.050, 2.52.060, 2.52.150, 5.32.280(B)and(C), 5.32.300(A) and 2.52.160, 2.52.220, 2.52.240, (B), bingo, 5.40.010, 5.40.020, 2.52.260, 2.52.270(A)(2), (A)(6), (B) 5.40.030 and the title of Ch. 5.40, and(C), 2.52.290(L), (N) and(R), secondhand dealers and pawnbrokers; 2.52.380, 2.52.420, 2.52.430, repeals §§ 3.04.050, 3.04.060, 2.52.440, 2.52.450, 2.52.470(A), 3.04.070, 3.04.080, 3.08.130, 2.52.480, 2.52.490, personnel code, 3.08.140, Ch. 3.09, 3.12.030(B), Ch. 2.68.070(A) and(B), library 3.16, Ch. 3.20, 3.32.100, 3.34.180, commission, 2.74.040, cable television 5.04.220, 5.04.520, Ch. 5.08, advisory committee, 2.86.060(A) and 5.16.042, Ch. 5.24, 5.32.070, Ch. 2.86.070, affordable housing 5.36, 5.40.040, 5.40.050, 5.40.060 committee; repeals §§ 1.04.010(26), and 5.40.070(2.80, 3.04, 3.08, 3.12, 1.09.170, 2.08.020, 2.08.080(C), 5.16, 5.28, 5.32, 5.40) 2.08.120, 2.32.080, 2.32.100, 1706 Repeals and replaces Ch. 16.04, 2.36.100, 2.52.100(F), 2.52.190, building code adopted(16.04) 2.52.200, 2.52.210, 2.52.270(A)(1), (16.04.110, 16.04.140, Repealed by (D) and (E), 2.52.390, 2.52.460, Ord. 2021; 16.04.170, 16.04.180, 2.52.470(A)(5), 2.52.500, 2.52.510, Repealed by Ord. 2072) 2.52.520, Ch. 2.56, 2.60.090, Ch. 1707 Repeals and replaces Ch. 16.16, 2.72, 2.74.080(B) and Ch. 2.76 (1.01, electrical code adopted(16.16) 1.04, 1.09, 1.12, 1.16, 2.04, 2.08, 1708 Repeals and replaces Ch. 16.20, 2.12, 2.20, 2.24, 2.28, 2.30, 2.32, plumbing code adopted(16.20) 2.36, 2.40, 2.48, 2.52, 2.68, 2.74, 1709 Repeals and replaces Ch. 16.24, 2.86) mechanical code adopted(16.24) 1698 Adds intersections to §§ 11.20.020 and 1710 Repeals and replaces Ch. 16.56, 11.20.030, stop signs (11.20) uniform housing code adopted(16.56) 1699 Adopts Stevens Creek Boulevard 1711 Repeals and replaces Ch. 16.40, fire specific plan(Special) code(Repealed by 1828) 1700 Ninety-day moratorium on issuance of 1712 Urgency ordinance; adds licenses or permits for massage §§9.06.090(B)(7) and(8), 9.06.245 establishments and services (Special) and 9.06.275; amends §§ 9.06.010(A), 1701 Rezone (Special) 9.06.020(E) and(G), 9.06.040, 1702 Approves development agreement 9.06.070(2), 9.06.080, 9.06.090(B), between city and Hewlett-Packard 9.06.110(B), 9.06.160, 9.06.170, Company (Special) 9.06.230, 9.06.240 and 9.06.260; and 2012 S-31 Cupertino-Comprehensive Ordinance List 32 Ord. No. Ord. No. repeals §§ 9.06.120, 9.06.130, 1728 Amends §§ 2.16.010, 2.16.020 and 9.06.140 and 9.06.150, massage 2.16.030, city council salaries (2.16) establishments and services (9.06) 1729 Amends § 11.24.150, parking(11.24) 1713 Rezone (Special) 1730 Amends § 11.20.020, stop signs 1714 Amends Ch. 2.74, Cupertino (11.20) telecommunications commission(2.74) 1731 Adds §§ 11.27.145, 14.12.035, 1715 Amends §§ 14.18.020, 14.18.040, 14.12.055, 14.12.085, 14.12.090, 14.18.060, 14.18.120, 14.18.160, 14.12.110 and 14.12.120; amends heritage and specimen trees, and §§ 5.44.060, 5.44.060(F), 10.26.090, 19.48.110B, zoning(14.18, 19.48 10.26.100, 10.26.110, 10.26.120(A) (Repealed by Ord. 2073)) and(B), 10.26.130, 10.26.150, 1716 Rezone and prezone (Special) 10.44.030, 10.44.040(A), 1717 Rezone (Special) 10.44.050(A), 10.44.055(A), 1718 Amends § 11.24.160, stopping, 10.44.056(A), 10.44.060, standing and parking (11.24) 10.44.075(A), 10.44.080, 10.44.090, 1719 (Number not used) 10.44.100, 10.44.120, 10.44.140, 1720 Adds subsection M to § 17.16.010 and 10.44.150(A), (B), (C) and(E), E,to § 17.32.060; amends 10.44.160, 10.46.050, 10.76.020, §§ 17.32.060(C) and(D)and 11.08.250, 11.08.260, 11.10.016, 17.32.070(E), signs (17.16, 17.32) Table 11.12.030, 11.27.010, (Title 17 Repealed by Ord. 2085) 11.32.090, 14.05.070, 14.12.010, 1721 Rezone (Special) 14.12.140 and 19.52.060(C) (Repealed 1722 Adds §§ 5.28.070(0), 5.28.100(E), by Ord. 2085), 19.56.050; renumbers 5.28.165(D) and(E); amends Ch. 5.44 as Ch. 19.106; renumbers •§§2.74.010, 2.74.020(A), 2.74.040, prior §§ 14.12.090, 14.12.110 and 2.74.050, 2.74.060, 2.74.070, 14.12.120 to §§ 14.12.095, 14.12.130 2.86.010, 2.86.020, 2.86.030, and 14.12.140; deletes T. 10 division 2.86.060, 2.86.070, 2.86.100, titles and Ch. 10.48 article titles; 2.86.110, 2.86.120, 5.28.070(N), repeals §§ 3.08.180, 3.08.190, 5.28.180 and titles of Chs. 2.74 and 3.08.200, 3.22.080, 3.23.180, 2.86; repeals Chs. 6.04 and 9.16 and 3.25.100, 3.32.090, 3.24.240, §§2.74.080(B), 3.08.190, 3.08.200, 3.36.210, 5.20.160, 5.28.230, 6.08.080, 6.08.090, 6.08.100, 5.32.340, 5.44.080, 6.24.340, 6.12.080, 6.12.090, 6.12.100, 6.28.150, 9.06.280, 9.12.134, 6.16.060, 6.20.060, 6.24.350, 9.18.140, 9.20.320, 10.10.040, 9.08.120, 9.12.140 and article titles of 10.21.140, 10.24.070, 10.25.100, Ch. Ch. 9.12 (2.74, 2.86, 3.08, 5.28, 10.26 Editor's note, 10.26.160, Ch. 9.12) 10.28, §§ 10.44.090(C), 10.44.170, 1723 Amends § 3.32.040, construction tax 10.46.080, 10.46.090, 10.48.063, (3.32) 10.56.060, 10.68.040, Chs. 10.70, 1724 Amends § 11.24.150, parking(11.24) 10.82 and 11.16, §§ 11.20.040, 1725 Adds § 19.40.145 (Repealed by Ord. 11.29.060, 11.37.080, Ch. 11.38, 2085) and amends the definitions §§ 14.05.130, 14.05.140, 14.12.040, section of Ch. 19.08 [§ 19.08.030] and Ch. 14.16, §§ 14.18.240, 15.20.101, §§ 19.40.020, 19.40.050(B) and(F)(1) 16.04.160, 16.08.030, 16.24.050, (Repealed by Ord. 2085), 16.28.080, 16.32.090, 17.56.010, 19.40.060(C) and(F)[E] (Repealed by 19.40.150, 19.81.070, 19.82.080, Ord. 2085), 19.40.070(A) (Repealed 19.116.350, 19.132.060, 20.02.030 by Ord. 2085) and 19.40.140 and 20.04.070, various subjects (Repealed by Ord. 2085), zoning (10.26, 10.44, 10.46, 10.76, 11.08, (19.08, 19.40) 11.10, 11.12, 11.27, 11.32, 14.05, 1726 (Not passed) 14.12, 16.28 (Repealed by Ord. 2085), 1727 Amends § 11.24.150, parking(11.24) 19.56, 19.106(Repealed by Ord. 2085), 19.132) 2012 S-31 33 Comprehensive Ordinance List Ord. No. Ord. No. 1732 Rezone (Special) 1762 Amends § 11.20.030, stop signs 1733 Mobile vendor permits (5.48) (11.20) 1734 Rezone (Special) 1763 (Pending) 1735 Rezone (Special) 1764 Amends Ord. 1750, rezone(Not 1736 Amends Ch. 19.108 entirely, wireless codified) communications facilities (19.108) 1765 Amends § 11.20.020, stop signs (Repealed by Ord. 2085) (Ch. 19.108 (11.20) renumbered as Ch. 19.136 by Ord. 1766 Amends § 11.08.250, bicycle lanes 2085) (11.08) 1737 Amends Ch. 19.100 entirely, parking 1767 Adds §§ 11.08.014, 11.08.015 and regulations (19.100) (Repealed by Ord. 11.08.270; renumbers § 11.08.270 to 2085) (Ch. 19.100 renumbered to Ch. be 11.08.280, roller skates and 19.124 by Ord. 2085) skateboards (11.08) 1738 Rezone (Special) 1768 Rezone(Special) 1739 Amends § 11.08.260, bicycles (11.08) 1769 Amends Stevens Creek Boulevard 1740 Amends § 11.08.250, bicycles (11.08) specific plan(Special) 1741 Amends § 11.24.150, parking(11.24) 1770 Prezone (Special) 1742 Adds new § 16.04.080, residential 1771 Prezone(Special) roofing and renumbers §§ 16.04.080-- 1772 Rezone(Special) 16.04.160 to be 16.04.090--16.04.160, 1773 (Not available) building code provisions (16.04) 1774 Rezone(Special) (16.04.110, 16.04.140 Repealed by 1775 Adds § 2.04.050, city council term Ord. 2021; 16.04.170 Repealed by limits(2.04) Ord. 2072) 1776 Amends § 15.32.060; repeals and 1743 .Amends § 11.24.150, parking(11.24) replaces Ch. 15.04, waterworks 1744 Not enacted system, rates and charges; repeals and 1745 Amends § 11.08.250, bicycle lanes replaces Ch. 15.20, sewage disposal (11.08) systems; repeals Chs. 15.08, 15.12 1746 Rezone (Special) and 15.30(15.04, 15.20, 15.32) 1747 (Not passed) 1777 Adds §§ 16.08.185, 16.08.290, 1748 Rezone (Special) 16.08.300, 16.16.025, 16.20.110, 1749 Rezone (Special) 16.20.120, 16.28.065, 16.32.090, 1750 Rezone (Special) 16.36.055; amends §§ 16.08.020, 1751 (Not enacted) 16.08.080, 16.08.200(A)(1), 1752 (Not enacted) 16.08.250(B), 16.12.010, 16.12.020, 1753 Amends specific plan(Special) 16.12.040, 16.16.020, 16.16.070, 1754 Rezone (Special) 16.20.080, 16.24.020, 16.24.030, 1755 Adds § 17.04.030; amends 16.24.060, 16.24.080, 16.28.040(C), §§ 17.32.010, 17.32.040 and 16.28.060(A), 16.32.080, 16.40.070, 17.32.090, zoning(17.04, 17.32) 16.40.930, 16.40.950(A); amends title (Title 17 Repealed by Ord. 2085) of Ch. 16.12; repeals and replaces 1756 Rezone (Special) §§ 16.20.100, 16.32.100; repeals 1757 Adds Ch. 2.06, city council campaign §§ 16.04.040, 16.04.150, 16.08.090, finance (2.06) (Repealed by Ord. 16.08.140(B), 16.08.180(B), 1956) 16.08.190(C), 16.08.250(B)(1 and 2), 1758 Adopts interim measures to protect 16.08.280(A--C), 16.20.030, structures from demolition of 16.20.040, 16.20.090(A)(Part One), potentially historic sites(Not codified) 16.24.040, 16.36.030(D), 1759 Amends § 11.08.250, bicycle lanes 16.36.070(D), 16.40.940, (11.08) 16.40.950(D), 16.42.280; repeals Chs. 1760 Amends § 11.26.110, parking(11.26) 16.44, 16.48 and 16.60; repeals Ch. 1761 Adopts interim measures to protect 16.44 Appx. A, Ch. 16.52 Article structures from demolition of subtitles, Ch. 16.60 Tables A, B, C, potentially historic sites(Not codified) D, E, and F and Demand/Capacity 2012 S-31 Cupertino-Comprehensive Ordinance List 34 Ord. No. Ord. No. Ratio graph; buildings and construction 1793 Adds Ch. 9.22, property maintenance regulations (16.08, 16.12 16.16, (9.22) 16.20, 16.24, 16.28 (Repealed by Ord. 1794 Amends §§ 1.09.030(A) and 2085), 16.32, 16.36) 1.09.060(A) and(B), nuisance 1778 Adds Ch. 19.134, architectural and abatement(1.09) site review process (19.134) 1795 Rezone(Special) 1779 Adds §§ 19.32.090 and 19.60.090, 1796 Amends §§ 17.32.010, 17.32.040, architectural and site review (19.32 17.32.090(E) and 17.32.100, (Repealed by Ord. 2085), 19.60 temporary signs--regulations; (Repealed by Ord. 2085)) renumbers § 17.32.120 to be 1780 Designating permit parking on Rose 17.24.270, sign regulations; repeals Blossom Drive from McClellan Road § 17.32.110(17.24, 17.32) (Title 17 to Lily Avenue (Not codified) Repealed by Ord. 2085) 1781 Amends § 11.24.160, parking (11.24) 1797 Amends §§ 2.06.100(D) and 2.06.130, 1782 Prezone(Special) city council--campaign fmance(2.06) 1783 Prezone(Special) (Repealed by Ord. 1956) 1784 Amends §§ 19.08.030, 19.28.030, 1798 Proposition for utility users excise tax 19.28.070, 19.32.060, 19.40.110, and annexation(Special) 19.56.040, 19.56.060, 19.56.070, 1799 Amends § 19.28.070, zoning(19.28) 19.60.040, 19.64.050, 19.64.080, (Repealed by Ord. 2085) 19.76.070, 19.80.030, 19.88.030, 1800 Prezone (Special) 19.92.060, 19.104.040 and 1801 Amends § 5.04.460, (5.04) 19.116.030, 19.120.050, 19.128.030, 1802 Adds § 16.28.045; amends 19.128.040; repeals Ch. 19.96; zoning § 16.28.060, (16.28) (Repealed by .(19.08, 19.28 (Repealed by Ord. Ord. 2085) 2085), 19.32 (Repealed by Ord. 2085), 1803 Rezone (Special) 19.40 (Repealed by Ord. 2085), 19.56 1804 Rezone (Special) (Repealed by Ord. 2085), 19.60, 19.64 1805 Rezone (Special) (Repealed by Ord. 2085), 19.76 1806 Amends § 11.24.150, parking(11.24) (Repealed by Ord. 2085), 19.80 1807 Amends § 2.08.096, city council (Repealed by Ord. 2085), 19.88 (2.08) (Repealed by Ord. 2085), 19.92 1808 Amends §§ 19.28.070, 19.28.100, (Repealed by Ord. 2085), 19.104 19.28.160, zoning(19.28) (Repealed (Repealed by Ord. 2085), 19.116, by Ord. 2085) 19.120, 19.128) 1809 Amends § 19.08.030, zoning(19.08) 1785 Prezone (Special) 1810 Amends §§ 14.18.020, 14.18.080, and 1786 Amends specific plan(Special) 14.18.240, heritage and specimen trees 1787 Amends Ch. 2.32, planning (14.18) commission (2.32) 1811 Amends § 19.80.030, 19.80.040 and 1788 Amends Ch. 16.28, fences (16.28) 19.84.030, zoning(19.80(Repealed by (Repealed by Ord. 2085) Ord. 2085), 19.84 (Repealed by Ord. 1789 Amends Ch. 17.44, sign exceptions 2085)) (17.44) (Repealed by Ord. 2085) 1812 Amends § 19.124.100, zoning (19.124 1790 Amends Ch. 19.132, zoning (19.132) (Repealed by Ord. 2073)) (Repealed by Ord. 2085) (Ch. 19.132 1813 Prezone (Special) renumbered as Ch. 19.164 by Ord. 1814 Interim zoning regulations(Special) 2085) 1815 Amends §§ 19.56.030 and 19.56.040, 1791 Amends Ch. 19.134, zoning (19.134) zoning(19.56 (Repealed by Ord. (Repealed by Ord. 2085) (Ch. 19.134 2085)) renumbered as Ch. 19.168 by Ord. 1816 Extends Ord. 1814, interim zoning 2085) regulations (Special) 1792 Amends §§ 2.16.010--2.16.030, city 1817 Adds Ch. 2.90, residential design council (2.16) review committee(2.90) 2012 S-31 35 Comprehensive Ordinance List Ord. No. Ord. No. 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, 19.32, 19.36, 19.48 5.28, 10.52, 16.28 (Repealed by Ord. (Repealed by Ord. 2073), 19.48.020 2085), 16.52, 19.20(Repealed by Ord. (Added by Ord. 2085)19.56, 2085)) 19.60.040, 19.60, 19.64, 19.80, 1823 Adopts Ch. 5 of the 1977 Uniform 19.132, 19.134 and §§ 19.168.010 and Code for Building Conservation 19.168.020, design review committee (16.60) (2.32, 2.90, 16.28(Repealed by Ord. 1824 Amends §§ 16.04.010 and 16.04.110 2085), 17.44(Repealed by Ord. 2085), and repeals §§ 16.04.070, 16.04.090, 19.32(Repealed by Ord. 2085), 19.36 16.04.100 and 16.04.120, building (Repealed by Ord. 2085), 19.48 code (16.04) (16.04.110 Repealed by (Repealed by Ord. 2073), 19.56 Ord. 2021) (Repealed by Ord. 2085), 19.60, 19.64 1825 Amends § 16.16.010 and repeals (Repealed by Ord. 2085), 19.80 § 16.16.060, electrical code (16.16) (Repealed by Ord. 2085), 19.132 1826 Amends §§ 16.20.010, 16.20.020 and (Repealed by Ord. 2085), 19.134 16.20.090 and repeals (Repealed by Ord. 2085), 19.168) §§ 16.20.050--16.20.070, plumbing 1845 Prezone(Special) code (16.20) 1846 Amends contract with California 1827 Amends §§ 16.24.010--16.24.030, Public Employees' Retirement System mechanical code (16.24) (Special) 1828 Repeals and replaces Ch. 16.40, fire 1847 Repeals and replaces § 11.34.030, code (16.40) warrants for the installation and 1829 Amends § 16.56.010, housing code maintenance of road bumps (11.34) (16.56) 1848 Amends § 11.08.250, bicycle lanes 1830 Amends §§ 10.21.010--10.21.120, (11.08) newsracks (10.21) 1849 Prezone(Special) 1831 Amends §§ 19.80.030(B)(1)(j) and 1850 Adopts redevelopment plan for 19.80.040, accesssory Cupertino Vallco redevelopment buildings/structures (19.80) project(Not codified) 1832 Amends Ch. 2.16, city council-- 1851 Amends § 11.24.150, traffic (11.24) salaries (2.16) 1852 Rezone(Special) 1833 Amends § 16.28.045, electronic 1853 Adds § 18.24.115; amends security gates (16.28) (Repealed by § 14.05.010, park maintenance and Ord. 2085) dedication fees(14.05, 18.24) 1834 Amends Ch. 19.28, zoning(19.28) 1854 Adds Ch. 10.80, solicitation 1835 Amends §§ 14.18.020, 14.18.120 and prohibitions on designated public 14.18.160, heritage and specimen trees rights-of-way(10.80) (14.18) 1855 Amends § 11.20.030B, all directional 1836 Amends § 11.24.150, parking(11.24) vehicular stops required at certain 1837 Amends § 11.34.010, traffic (11.34) intersections (11.20) 1838 Amends § 11.34.020, traffic (11.34) 1856 Amends § 11.08.250, bicycle lanes designated(11.08) 2012 S-31 Cupertino-Comprehensive Ordinance List 36 Ord. No. Ord. No. 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, 19.28.070, single-family residential 19.28.060, 19.28.100, 19.52.020, (R-1)homes (19.08, 19.28 (Repealed 19.52.060(B), 19.56.050, by Ord. 2085)) 19.80.030(B)(1)(j), 19.80.040 and 1864 Amends § 11.08.260, bicycles (11.08) 19.100.050(C); renumbers 1865 (Number not used) §§ 10.48.012 to be 10.48.070 and 1866 Prezone (Special) 16.52.016 to be 16.52.060; repeals 1867 Authorizes amendment to California Ch. 10.25, §§ 1.09.080, 5.32.160, public employees' retirement system 8.03.040(D), 19.28.050(D)and contract(Special) 19.84.050, various provisions (1.12, 1868 Amends Ch. 19.28, zoning(19.28) 5.04, 5.32, 8.01, 8.03, 8.05, 8.06, 1869 Adds § 3.25.100, transfer of surplus 8.07, 8.09, 8.11, 10.24, 10.48, 10.60, supplies and equipment(3.25) 11.08, 11.32, 13.04, 14.12, 14.18, 1870 .Amends § 11.08.250, bicycle lanes 16.04, 16.16, 16.20, 16.32, 16.40, designated (11.08) 16.52, 17.32, 19.28 (Repealed by Ord. 1871 Amends entirety of Ch. 10.48, 2085), 19.48 (Repealed by Ord. 2073), community noise control (10.48) 19.52(Repealed by Ord. 2085), 19.56, 1872 Amends § 11.08.260, bicycle routes 19.80(Repealed by Ord. 2085), designated (11.08) 19.100) 1873 Amends § 11.08.250, bicycle lanes 1887 Not used designated(11.08) 1888 Adds § 3.34.230; amends Ch. 3.34; 1874 Amends §§ 2.88.010 and 2.88.020, renumbers §§ 3.34.190--3.34.230 to audit committee (2.88) be 3.34.180--3.34.220, utility users 1875 Amends entirety of Ch. 9.06, massage excise tax(3.34) establishments and services (9.06) 1889 Rezone (Special) 1876 Amends § 11.20.020, vehicular stop 1890 Rezone (Special) required at certain intersections 1891 Amends §§ 19.08.030 and 19.80.030, (11.20) zoning (19.08, 19.80(Repealed by 1877 Amends Ch. 2.06, campaign finance Ord. 2085)) (2.06) (Repealed by Ord. 1956) 1892 Amends Ch. 2.86, housing committee 1878 Prezone(Special) (2.86) 1879 Prezone (Special) 1893 Amends Ch. 3.25, sale of surplus 1880 Rezone (Special) supplies and equipment; repeals 1881 Amends Ch. 2.16, city council § 3.25.100(3.25) compensation (2.16) 1894 Amends Ch. 19.08, definitions (19.08) 1882 Amends § 11.24.170, parking 1895 Adds Ch. 2.92, Bicycle Pedestrian limitations (11.24) Commission(2.92) 1883 Not used 1896 Adds § 11.34.040, roadway design 1884 Amends § 11.24.170, parking (11.24) features, (11.34) 1885 Amends Ch. 2.06, campaign finance 1897 Amends §§ 3.22.020, (2.06) (Repealed by Ord. 1956) 3.22.060--3.22.070, 2012 S-31 37 Comprehensive Ordinance List Ord. No. Ord. No. 3.23.020--3.23.050, 3.23.100 and 1926 Amends Ch. 17.32, temporary signs 3.23.130, revenue and finance (3.22, (17.32) (Repealed by Ord. 2085) 3.23) 1927 Rezones certain land; adds 1898 Amends § 11.08.270, roller skates and § 19.28.105 (19.28); rescinds Ord. skateboards (11.08) 1902 1899 Rezone (Special) 1928 Rezones certain land(Not codified) 1900 Repeals and replaces § 3.23.160, 1929 Rezones certain land(Not codified) public works contract and bidding 1930 Amends § 11.24.170, parking(11.24) procedures (3.23) 1933 Rezones certain land(Not codified) 1901 Amends Title 19, §§ 19.112.020 and 1934 Amends §2.80.010, Fine Arts 19.112.050, zoning of dwelling units Commission established(2.80) (19.112) 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(Repealed by 1904 Amends Title 10, curfew Ord. 2085)) (Ch. 19.100 renumbered 1905 Amends Title 16, flood damage as 19.124 by Ord. 2085) 1906 Home maintenance activities, Title 16 1941 Amends § 2.04.010, City Council - 1907 Amends Title 16, adoption of building regular meetings(2.04) codes (16.04.170- 16.04.220, 1942 Amends § 2.32.050, Planning 16.04.240- 16.04.330 Repealed by Commission meetings (2.32) Ord. 2021; 16.04.230 Repealed by 1943 Amends § 13.04.130, behavior of 'Ord. 2072) persons in parks (13.04) 1908 Amends Title 16, Mechanical Code 1944 Amends § 16.08.210, grading permits 1909 Amends Title 16, Plumbing Code -limitations and conditions (16.08) 1910 Amends Title 16, Electrical Code 1945 Amends §§ 9.08.020- 9.08.040, (Repealed by Ord. 2017) 9.08.060- 9.08.110, weed abatement 1911 Repeals old Fire Code provisions in (9.08) Title 16 1946 Rezones certain land(Not codified) 1912 Amends Title 2, Disaster Council 1947 Modifies development agreement for 1913 Amends Title 2, Audit Committee new retail space, residential units and 1914 Amends Title 11, parking parking structure (Not codified) 1916 Amends Title 11, skateboarding and 1948 Amends § 18.28.030, application, and rollerskating § 18.28.040, filing and processing 1917 Amends Title 9, massage and (18.28) occupational therapists 1949 Not used 1918 Amends Title 10, graffiti 1950 Rezones certain land(Not codified) 1919 Rezones certain land (Not codified) 1951 Amends §2.24.020, payment 1920 Rezones certain land(Not codified) procedure(2.24) 1921 Amends §§ 10.48.040, 10.48.051, 1952 Amends §2.04.030, City Council- restriction of landscape maintenance place of meetings (2.04) activities (10.48) 1954 Amends Ch. 19.28, single-family 1922 Amends Ch. 9.18, stormwater residential (R1)zones; repeals pollution prevention and watershed §§ 19.28.105, 19.28.150, 19.28.160 protection(9.18) and Appendices A, B and C (19.28) 1923 Amends § 9.08.080, notice of report 1956 Repeals Ch. 2.06- City Council- (9.08) campaign finance (2.06) 1924 Rezones certain land(Not codified) 1958 Amends §2.04.010, regular meetings 1925 Amends § 14.04.040, street (2.04) improvement requirements, and 1959 Rezones certain land(Not codified) § 18.32.030, subdivision frontage 1960 Repeals Ch. 20.02, general plan improvements (14.04, 18.32) 2012 S-31 Cupertino-Comprehensive Ordinance List 38 Ord. No. Ord. No. 1963 Amends § 9.06.110, massage therapist 1990 Amends § 11.24.150 concerning permit-criteria for issuance and parking prohibitions along certain § 9.06.120, massage therapist practical streets (11.24) examination (9.06) 1991 Amends § 11.24.170 concerning 1964 Amends §§ 2.60.040 and 2.68.040, parking limitations on certain streets meetings-quorum-officers-staff, and (11.24) §§ 2.80.050 and 2.92.050, 1992 Establishes regulations regarding water meetings-quorum(2.60, 2.68, 2.80, resource protection(9.19) 2.92) 1993 Rezones certain land(Not codified) 1965 Amends Ch. 2.74, Cupertino 1994 Rezones certain land(Not codified) technology, information, and 1995 Amends §2.74.010 concerning communications commission(2.74) Technology, Information, and 1966 Amends § 14.04.230, Street Communications Commission(2.74) improvements-exceptions (14.04) 1999 Amends § 11.24.140 concerning 1967 Amends Ch. 9.18, stormwater parking for purposes of servicing or pollution prevention and watershed repairing (11.24) protection (9.18) 2000 Amends § 19.28.060 regarding 1968 Amends § 11.24.150 to remove the development regulations (19.28) prohibition of parking on the west side (Repealed by Ord. 2085) of Vista Drive between Apple Tree 2002 Amends § 11.24.170, relating to drive and a point 200 feet south parking limitations on Torre street (11.24) (11.24) 1969 Modifies development agreement 2003 Amends Ch. 14.18 regarding the (1-DA-90) to extend its term and to protection of trees (14.18) •revise use and permit requirements 2005 Amends § 14.08.010 relating to the related to hotels, garages, definition of City Manager and adds neighborhood meetings, and public § 14.08.035 relating to permit notice hearings at Vallco (Not codified) requirements (14.08) 1972 Rezones certain land(Not codified) 2006 Amends § 11.24.150)prohibiting 1973 Rezones certain land (Not codified) parking on Hoo Hoo Way(11.24) 1974 Amends §§ 2.32.020, 2.36.020, 2007 Rezones certain land(Not codified) 2..68.030, 2.74.020, 2.80.020, 2008 Amending §2.08.096 regarding the 2.86.030 and 2.88.030, terms of filing deadline for a petition for office, members and meetings-quorum reconsideration(2.08) (2.32, 2.36, 2.68, 2.74, 2.80, 2.86, 2009 Adding Chapter 2.17 relating to City 2.88) Council/City Staff relationships (2.17) 1975 Not in effect due to referendum 2010 Amending §2.74.010 modifying the 1977 Not in effect due to referendum composition of the Technology, 1979 Amends Ch. 16.28, Fences and adds Information and Communications § 16.28.080, prohibited fences (16.28) Commission. (2.74) (Repealed by Ord. 2085) 2011 Amending § 19.28.060 regarding Ri- 1982 Amends Ch. 9.18, Stormwater 20 zoned properties (Not codified) Pollution Prevention and Watershed 2012 Describing a program to acquire real Protection (9.18) property by eminent domain in the 1985 Amending City Council Salaries (2.16) Vallco Redevelopment Project(Not 1986 Rezones certain land(Not codified) codified) 1987 Amends Title 17, Signs(17) (Title 17 2014 Amending § 13.04.150 regarding Repealed by Ord. 2085)Amends vehicle requirements(13.04) § 19.104.010, zoning (19.104) 2015 Amending §§2.32.040, 2.36.040, 1988 Establishes regulations concerning 2.60.020, 2.60.040, 2.68.040, Claims Against City (1.18) 2.80.040, 2.86.050, 2.88.050, 1989 Amends § 11.27.145 concerning 2.92.020, 2.92.040 regarding designation of preferential parking Chairperson and Vice-Chairperson zones (11.27) 2012 S-31 39 Comprehensive Ordinance List Ord. No. Ord. No. terms (2.32, 2.36, 2.60, 2.68, 2.80, 2035 Amending § 11.20.020 relating to the 2.86, 2.88, 2.92) establishment of a vehicular stop at 2016 Amending the California Electric Ann Arbor Avenue and Greenleaf Code. Amending § 16.16.010 and Drive (11.20) repealing 16.16.080- 16.16.110 and 2036 Amending § 11.20.030 relating to a 16.16.140. (16.16) vehicular stop at Calvert Drive and 2017 Amending the 2007 California Tilson Avenue (11.20) Plumbing Code. Amending 2037 Adding Chapter 19.118 regarding §§ 16.20.010, 16.20.020, 16.20.080 required artwork in public and private (16.20) (16.20.030 and 16.20.090 developments (19.118) (Repealed by Repealed by Ord. 2072) Ord. 2085) (Ch. 19.118 renumbered as 2018 Amending the 2007 California Ch. 19.148 by Ord. 2085) Mechanical Code. Amends 2038 Amending Chapter 19.108 regarding §§ 16.24.010- 16.24.030(16.24) wireless communication facilities 2019 Adopting the 1997 Uniform Code for (19.108) (Repealed by Ord. 2085) (Ch. the Abatement of Dangerous Buildings 19.108 renumbered as Ch. 19.136 by Codes (16.70) Ord. 2085) 2020 Amending Chapter 16.40 regarding the 2039 Amending Single-Family Residential California and International Fire Codes (R1) Zones (19.28) (16.40) (16.40.170, 16.40.280, 2040 Amending§ 2.18.080 regarding 16.40.470, 16.40.550, 16.40.570- agreements on employment(2.18) 16.40.640 Repealed by Ord. 2072) 09-2041 Amending §§ 8.01.030, 8.01.130, and 2021 Amending Chapter 16.04 regarding the 8.03.010 changing penalties for Building Code. (16.04) violations regarding animals and public 2022 .Creating a new Chapter 16.72 nuisances (8.01, 8.03) regarding recycling and diversion of 09-2042 Adding Chapter 16.74 relating to construction and demolition waste adoption of Wildland Urban Interface (16.72) Fire Area(16.74) 2023 Amending § 11.20.020 regarding 09-2043 Amending § 1.12.010 regarding vehicular stops required at certain penalties for certain animal and public intersections (11.20) nuisance infractions(1.12) 2024 Rezones certain land(Not codified) 09-2045 Repeals and replaces Chapter 6.28, 2025 Amending property maintenance cable and video services(6.28) regulations (9.22) 2046 Amends entirety of Chapter 9.06, 2026 Prohibiting skateboarding and roller massage establishments and services skating in certain areas (11.08) (9.06) 2027 Amending § 2.08.096 and 19.136.020 2048 Adding Ch. 1.10 regarding to provide for refunds of funds(2.08, Administrative citations, fines, and 19.136(Repealed by Ord. 2085)) penalties (1.10) 2029 Amending § 11.24.160 regarding 2049 Amending 14.04.040 regarding street parking prohibitions on certain streets improvement requirements(14.04) (11.24) 2050 Amending Sign regulations (17.04, 2030 Amending §§ 17.08.010 and 17.32.090 17.08, 17.12, 17.16, 17.20, 17.24, regarding special event banners, 17.32, 17.44, 17.52, App. A-1 - A-8) promotional devices and portable signs (Title 17 Repealed by Ord. 2085) and displays (17.08, 17.32) (Title 17 2051 Rezones certain land(Not codified) Repealed by Ord. 2085) 2052 Rezones certain land(Not codified) 2033 Amending §§ 2.18.040 and 2.18.080 2053 Adding Ch. 3.35 regarding relating to the City Attorney (2.18) telecommunication users' tax(3.35) 2034 Amending Table 11.24.160 prohibiting 2054 Adding 1.18.040 regarding exhaustion parking during certain hours on of administrative remedies Greenleaf Drive (11.24) 2055 Amending the Heart of the City Specific Plan(Not codified) 2012 S-31 Cupertino-Comprehensive Ordinance List 40 Ord. No. Ord. No. 2056 Amending 2.08.095, 2.48.020, 2067 Amending 11.20.020 regarding 9.20.030, 14.04.010, 14.04.040, vehicular stops at certain intersections 14.04.110, 14.04.130, 14.04.160, (11.20) 14.04.175, 14.04.240, 14.05.010, 2069 Amending Chapter 6.24 regarding 14.05.040, 14.05.070, 14.05.090, garbage and recycling collection and 14.18.020, 14.24.070, 16.04.050, disposal (6.24) 16.32.040, 18.28.040, 19.08.030, 2070 Amending Chapter 16.72 to add 19.16.020, 19.16.030, 19.20.020, recycling to provisions (16.72) 19.20.030, 19.24.010, 19.28.030, 2071 Not adopted 19.28.090, 19.28.130, 19.32.020, 2072 Amending Chapters 16.04, 16.12, 19.32.030(Repealed by Ord. 2085), 16.16, 16.20, 16.24, 16.40, adding 19.36.020, 19.36.030(Repealed by Chapters 16.06, 16.54, 16.58, 16.80 Ord. 2085), 19.36.050(Repealed by regarding various building and Ord. 2085), 19.36.080 (Repealed by construction codes (16.04, 16.06, Ord. 2085), 19.40.030, 19.40.140, 16.16, 16.20, 16.24, 16.40, 16.54, 19.44.020, 19.50.010- 19.50.060, 16.58, 16.80) 19.52.010- 19.52.030, 19.52.050, 2073 Repealing and replacing 19.48.010- 19.52.060, 19.56.060, 19.56.070, 19.48.050, 19.72.040, 19.124.010- 19.60.040, 19.64.040, 19.64.070, 19.124.150, 20.04.040(19.48 19.64.090, 19.76.050, 19.76.060, (Repealed by Ord. 2085), 19.72 19.82.060, 19.88.020, 19.100.040, (Repealed by Ord. 2085), 19.124 19.100.060, 19.116.120, 19.116.310, (Repealed by Ord. 2085), 20.04) 19.118.020, 19.124.040, 19.124.060, 2074 Amending 19.08.010(Repealed by 19.134.030, 19.134.090 regarding the Ord. 2085), 19.08.020(Repealed by housing element of the General Plan, Ord. 2085), 19.08.030, and 19.144.230, 19.148.020(2.08, 2.48, 19.100.030- 19.100.040(19.08, 9.20, 14.04, 14.05, 14.18, 14.24, 19.100(Repealed by Ord. 2085)) 16.04, 16.32, 18.28, 19.08, 19.16 2075 Not adopted (Repealed by Ord. 2085), 19.20 2076 Not adopted (Repealed by Ord. 2085), 19.24, 19.28 Res. 03-037 Amending 11.27.149 designating (Repealed by Ord. 2085), 19.32, permit parking on Madrid Road 19.36, 19.40 (Repealed by Ord. 2085), (11.27) 19.44, 19.50(Repealed by Ord. 2085), 2077 Establishing §§ 10-90.010- 10-90.040 19.52, 19.56 (Repealed by Ord. 2085), regulating smoking in recreational 19.60, 19.64 (Repealed by Ord. 2085), areas (10.90) 19.76, 19.82 (Repealed by Ord. 2085), 2078 Amending 11.20.030 regarding 19.88, 19.100(Repealed by Ord. required stops at certain intersections 2085), 19.116 (Repealed by Ord. (11.20) 2085), 19.118 (Repealed by Ord. 2079 Amending Single-Family Residential 2085), 19.124, 19.134 (Repealed by (R1) Zones (19.28) (Repealed by Ord. Ord. 2085), 19.144, 19.148) 2085) 2057 Rezoning certain land (Not codified) 2080 Electing and implementing 2058 Repealing and replacing Ch. 14.15 participation in the voluntary regarding the Landscaping Ordinance alternative development program(Not (14.15) codified) 2059 Rezoning certain land(Not codified) 2081 Amends 2.08.080 and 2.080.090 2060 Not Adopted regarding City Council rules and 2062 Amending Chapter 2.86 regarding the conduct of meetings(2.08) Housing Commission (2.86) 2082 Amends 11.20.020 regarding vehicular 2063 Amending 11.08.250 relating to stops at certain intersections (11.20) designated bicycle lanes (11.08) 2083 Amends 19.60.010, 19.60.080, 2064 Amending 11.08.260 relating to 19.60.090, 19.60.100 related to the designated bicycle routes (11.08) 2012 S-31 41 Comprehensive Ordinance List Ord. No. streamlining and codification of ML-rc (19.60(Repealed by Ord. 2085)) 2084 Rezoning certain land(Not codified) 2085 Amends Ch. 2.90; adds Ch. 9.16; amends Ch. 14.18; amends § 16.08.200; amends Title 18, Ch. 18.04, 18.08, 18.12, 18.16, 18.20, 18.24, 18.28, 18.32, 18.36, 18.40, 18.44, 18.48, 18.52, 18.56; amends Title 19, Ch. 19.04, 19.08, 19.12, 19.16, 19.20, 19.24, 19.28, 19.32, 19.36, 19.40, 19.44, 19.48, 19.52, 19.56, 19.60, 19.64, 19.68, 19.72, 19.76, 19.80, 19.84, 19.88, 19.92, 19.96, 19.100, 19.104, 19.108, 19.112, 19.116, 19.120, 19.124, 19.128, 19.132, 19.136, 19.140, 19.144, 19.148, 19.152, 19.156, 19.160, 19.164, 19.168; repeals Title 17 (2.90, 9.16, 14.18, 16.08, 18.04, 18.08, 18.12, 18.16, 18.20, 18.24, 18.28, 18.32, 18.36, 18.40, 18.44, 18.48, 18.52, 18.56, 19.04, 19.08, 19.12, 19.16, 19.20, 19.24, 19.28, .19.32, 19.36, 19.40, 19.44, 19.48, 19.52, 19.56, 19.60, 19.64, 19.68, 19.72, 19.76, 19.80, 19.84, 19.88, 19.92, 19.96, 19.100, 19.104, 19.108, 19.112, 19.116, 19.120, 19.124, 19.128, 19.132, 19.136, 19.140, 19.144, 19.148, 19.152, 19.156, 19.160, 19.164, 19.168) 2012 S-31 5 Index ARTWORK, REQUIRED IN PUBLIC AND PRIVATE --B -- DEVELOPMENTS Applicability of regulations 19.148.020 BAR Application for public artwork 19.148.050 See RESTAURANT Design criteria and artist qualifications 19.148.060 Ineligible artwork 19.148.040 BICYCLE In lieu fee for artwork is discouraged 19.148.090 Administration 11.08.020 Maintenance requirements 19.148.080 Attaching to vehicle, prohibited 11.08.170 Minimum artwork value 19.148.070 Bicycle lanes Permitted artwork 19.148.030 designated 11.08.250 Purpose and intent 19.148.010 use regulations 11.08.190 vehicles using prohibited 11.08.230 ATHLETIC EVENT Dealers Regulations, permit purchaser education 11.08.110 See PARADES AND ATHLETIC EVENTS registration verification 11.08.100 Definitions 11.08.010--11.08.015 ATTORNEY, CITY Equipment requirements 11.08.130 Assistant, acting, when 2.18.070 Impoundment 11.08.240 Bond requirements 2.18.060 Lane position requirements 11.08.150 City staff, relations with 2.18.040 License Conflict of interest 2.64.020 address change notification 11.08.090 Council, relations with 2.18.030 alteration, destruction prohibited 11.08.061 Eligibility 2.18.100 existing, validity 11.08.070 Employment agreement 2.18.080 fees 11.08.120 Office established 2.18.010 indicia, renewal 11.08.050 Powers, duties 2.18.020 issuance 11.08.040 Public, relations with 2.18.050 transferability 11.08.080 Rental dispute mediation Package carrying restrictions 11.08.220 appeal duties 2.78.080 Pedestrian path use subpoena duties 2.78.040 exemptions 11.08.180 Staff 2.18.090 restrictions 11.08.160 Suspension, removal, resignation 2.18.110 Registration certificate See also License AUDIT COMMITTEE issuance 11.08.060 Chair 2.88.050 Regulations generally 11.08.020 City powers unchanged 2.88.130 Riding restrictions 11.08.210 City staff 2.88.110 Roller skates Compensation, expense reimbursement 2.88.070 See ROLLER SKATES Established, composition 2.88.010 Routes designated 11.08.260 Meetings 2.88.060 Skateboards Members See SKATEBOARDS at large 2.88.020 Traffic laws applicability 11.08.140 vacancy 2.88.040 Violation, penalty 11.08.280 Powers, duties 2.88.100 Walking, pedestrian laws applicable 11.08.200 Recordkeeping 2.88.090 Rules, regulations 2.88.120 BINGO Term 2.88.030 Administrative authority designated 5.32.170 Voting 2.88.080 Authority 5.32.010 Defined 5.32.020 AUTO COURT Equipment 5.32.090 Business license tax rate 5.04.390 Financial interest limited 5.32.100 Hours 5.32.150 Inspection authority 5.32.180 2012 S-31 Cupertino-Index 6 License BUILDING See also Permit, license Address number visibility requirements 16.04.050 fee 5.32.280 Electrical Code renewal 5.32.290 See ELECTRICAL CODE required 5.32.270 Excavation, foundations, retaining walls Location 5.32.080 See EXCAVATION,GRADING,RETAINING Minor, participation prohibited 5.32.040 WALLS Organizations permitted to conduct 5.32.030 Fence Participant to be present 5.32.140 See FENCE Permit Heating, cooling See also Permit, license See MECHANICAL CODE applicant investigation 5.32.210, 5.32.220 Inspector application, contents 5.32.200 bingo permit applicant investigation 5.32.220 approval, conditions 5.32.240 building moving permit issuance 16.36.050 denial when 5.32.250 Moving hearing, notice records review 5.32.230 contiguous land 16.36.080 required 5.32.190 definitions 16.36.010 Permit, license metal tires prohibited 16.36.090 See also License notice required 16.36.040 Permit permit nontransferable 5.32.310 application 16.36.030 suspension, revocation bond 16.36.060 authority 5.32.320 conditions 16.36.070 notice, hearing 5.32.330 fees 16.36.055 Prizes, value 5.32.130 issuance, hearing 16.36.040 Proceeds, charitable uses required 5.32.110 required 16.36.020 Provisions fo supplement state law 5.32.350 roller restrictions 16.36.100 Public access required 5.32.050 truck requirements 16.36.110 Recordkeeping 5.32.120 supervisor, duties 16.36.120 Reporting requirements 5.32.300 violation, penalty 16.36.130 Staffing, operation Official change, reporting, investigation 5.32.260 swimming pool code generally 5.32.060 administration 16.32.030 Violation, Penalty 5.32.360 enforcement 16.32.060 Plumbing code BOND See PLUMBING CODE Attorney, city 2.18.060 Preliminary soils report Auctioneer 5.08.020 See Soils report City clerk 2.20.040 code adoption 16.12.010 Excavation, grading permittee 16.08.150 required 16.12.020 Manager, city 2.28.030 Retaining wall Moving buildings 16.36.060 See EXCAVATION,GRADING,RETAINING Private patrol 5.24.050 WALLS Public works contract 3.23.140 Soils report Street improvement installation 14.04.170 appeals 16.12.070 Subdivision improvement security 18-1.808.2 approval 16.12.050 Taxicab 5.28.150 building permit conditions 16.12.060 Treasurer, city 2.24.040 code adoption 16.12.010 contents 16.12.030 preparation 16.12.040 required 16.12.020 Swimming pool See SWIMMING POOL 2010 S-27 9 Index COFFEE SHOP Bingo permit See RESTAURANT applicant investigation 5.32.210, 5.32.220 approval 5.32.240 COMMISSION, CITY Business license powers, duties 5.04.060 See Specific Commission Child care expense reimbursement, when granted 2.72.010 COMMUNICATION WITH CITY OFFICIALS Communications 2.08.100 Public building, prohibited acts designated Contract bid award 3.24.080 10.10.020 Document signature authority 2.08.135 Right designated 10.10.010 Election Violation, penalty 10.10.030 See also Campaign fmance generally 2.04.005 COMMUNITY DEVELOPMENT DEPARTMENT False alarm hearing duties 10.26.120 See DEPARTMENTAL ORGANIZATION Manager, city appointment 2.28.010 COMMUNITY DEVELOPMENT DIRECTOR suspension, removal 2.28.090 Parade and athletic event administrative authority Meeting 10.44.030 discussion procedure 2.08.130 emergency 2.04.025 CONCERT order of business 2.08.090 Business license place 2.04.030 See also BUSINESS LICENSE presentation method 2.08.080 fee 5.04.340 protests 2.08.120 reconsideration CONSTRUCTION TAX motions 2.08.095 Adjustment 3.32.045 petitions 2.08.096 Defmitions.3.32.020 regular 2.04.010 Exceptions 3.32.070 special 2.04.020 Imposition 3.32.030 violation, penalty 2.08.140 Payment Municipal employee relations officer appointment place 3.32.060 2.52.320 time 3.32.050 Nuisance abatement hearing 1.09.070 Purpose, intent 3.32.010 Officer, official body reports 2.08.110 Rates 3.32.040 Parade, athletic event permit appeal hearing Refunds 3.32.050 10.44.140 Revenue use 3.32.080 Permit parking time determination 11.27.130 Personnel authority 2.52.090 CONTRACTOR Petition Business license defmitions 2.08.030 See also BUSINESS LICENSE exception 2.08.070 fee 5.04.370 hearing notice 2.08.040 Public safety commission appointment 2.60.010 COUNCIL, CITY Reimbursement 2.16.030 Abandoned vehicle, hearing 11.04.070 Robert's Rules of Order adopted 2.08.020 Bicycle, fee allocation 11.08.130 Rules adopted 2.08.010 Salary amount, effective date 2.16.020 statutory basis 2.16.010 2012 S-31 Cupertino-Index 10 Storm drainage service charge Purpose of provisions 2.90.020 adjustment authority 3.36.160 Recordkeeping 2.90.080 collection duties 3.36.080 Terms of office 2.90.030 review duties 3.36.050 Vacancy, removal 2.90.040 Technology, information, and communications commission DISASTER COUNCIL appointment 2.74.010 Definitions 2.40.020 vacancy filling 2.74.030 Director of emergency services Term limits 2.04.050 created 2.40.050 Transient occupancy tax appeal hearing powers, duties 2.40.060 determination 3.12.100 Emergency organization Vacancy filling 2.04.040 membership 2.40.070 Water charge appeal hearing 15.12.100 structure, duties, functions 2.40.080 Weed abatement Expenditures 2.40.100 assessment, hearing 9.08.090 Membership 2.40.030 authority 9.08.060 Mutual aid provided 2.40.090 hearing, decision, action 9.08.050 Powers, duties 2.40.030 resolution 9.08.020 Purposes 2.40.010 Violation, penalty 2.40.110 CRUISING See TRAFFIC DOCUMENTARY STAMP TAX Administration, authority 3.04.090 CUPERTINO GARBAGE COMPANY Exemptions 3.04.040 See GARBAGE Imposition, rate 3.04.020 Payment responsibility 3.04.030 CURFEW Refund claim, authority 3.04.100 Definitions. 10.68.010 Short title, authority 3.04.010 Exceptions 10.68.030 Violation DOG penalty 10.68.050 See ANIMAL prohibited acts 10.68.020 --E-- --D - EARTHQUAKE DEFECATION See TOXIC GASES See URINATION, DEFECATION ELECTIONS, MUNICIPAL DEPARTMENTAL ORGANIZATION See COUNCIL, CITY Divisions, designated 2.48.020 Manager authority 2.48.030 ELECTRICAL CODE Purpose 2.48..010 Adopted 16.16.010 Adoption of appendix chapters 16.16.015 DESIGN REVIEW COMMITTEE Article 100 amended-definitions 16.16.020 Chairperson 2.90.050 Fee schedule 16.16.030 Construction of provisions 2.90.110 Fuel cell systems-amendment 16.16.130 Established 2.90.010 Interpretation 16.16.040 Licensed architect 2.90.070 Maintenance program 16.16.050 Meetings, quorum 2.90.060 Persons allowed to do electrical work designated Powers, functions 2.90.090 16.16.025 Procedural rules 2.90.100 Solar photovoltaic systems- amendment 16.16.120 Violation, penalty 16.16.070 EMERGENCY See DISASTER COUNCIL 2010 S-27 11 Index EMPLOYEE, CITY Engineering geological reports 16.08.120 See also Specific Employee Fees 16.08.160 Communication with public Grading See COMMUNICATION WITH CITY See also Specific Type or Phase See OFFICIALS emergency permit issuance 16.08.185 General personnel policies supervision 16.08.230 See PERSONNEL Inspections 16.08.250 Interim plan 16.08.110 EMPLOYEES' RETIREMENT SYSTEM Limitations of provisions 16.08.040 See PERSONNEL Modifications 16.08.240 Permit ENERGY CODE ADOPTED application contents 16.08.080 Code adopted 16.54.010 approval conditions 16.08.190 denial 16.08.180 ENGINEER, CITY design standards 16.08.200 Preliminary soil report approval 16.12.050 emergencies 16.08.185 Truck route signing 11.32.020 exemptions categorical 16.08.070 ENVIRONMENTAL PROTECTION generally 16.08.060 CEQA guidelines adopted 2.84.090 issuance conditions 16.08.170 limitations, conditions 16.08.210 ENVIRONMENTAL REVIEW COMMITTEE permittee responsibility 16.08.220 Appeals 2.84.100 revocation 16.08.280 Chairperson 2.84.030 suspension 16.08.270 City powers not restricted 2.84.120 Permittee responsibility 16.08.220 Compensation, expense reimbursement 2.84.050 Purpose of provisions 16.08.010 Environmental assessment fee 2.84.110 Scope 16.08.050 Established, composition 2.84.010 Severability 16.08.030 Meetings Site map, grading plan required 16.08.100 majority vote 2.84.060 Soils engineering reports 16.08.130 quorum 2.84.040 Title of chapter 16.08.000 Office, term 2.84.020 Violation Powers, duties 2.84.080 penalties designated 16.08.290 Record of proceedings 2.84.070 remedies deemed cumulative 16.08.300 Work EQUIPMENT, SURPLUS, SALE completion notice, report 16.08.260 Auction schedule required 16.08.140 bidding, payment 3.25.060 required 3.25.050 EXPLOSIVES Between agencies 3.25.080 Disposal 6.24.100 Centralization required 3.25.030 Permit Notice 3.25.040 issuance 10.20.020 Officer designated, powers, duties generally required, application 10.20.010 3.25.020 Storage 10.20.030 Open market, when 3.25.070 Violation, penalty 10.20.040 System adopted 3.25.010 To officer, employee of city, restrictions 3.25.090 --F-- Transfer to charity, public agency 3.25.100 FALSE ALARM EXCAVATION, GRADING, RETAINING WALLS See ALARM Appeals 16.08.265 Bond requirements 16.08.150 FAMILY CARE HOME Civil engineer grading supervision 16.08.230 Business license Defmitions 16.08.020 See also BUSINESS LICENSE fee 5.04.410 2010 S-27 Cupertino-Index 12 FENCE Definitions 16.40.070, 16.40.225, 16.40.250, See ZONING 16.40.310, 16.40.420 Electrical equipment, wiring and hazards 16.40.180 FINANCE Emergency responder radio coverage 16.40.150 See PURCHASING Emergency planning and preparedness 16A0.090 Explosives and fireworks 16.40.370 FINANCE DIRECTOR Fire apparatus access roads 16.40.120 Purchasing officer, designation, duties Fire protection systems 16.40.200 See PURCHASING OFFICER Fire safety Storm drainage service charge During construction and demolition 16.40.220 bill correction authority 3.36.150 Fire service features 16.40.110 collection duties Flammable and combustible liquids 16.40.380 balance payments 3.36.090 General 16.40.300, 16.40.410 generally 3.36.080 General precautions against fire 16.40.080 omitted charges 3.36.100 General requirements 16.40.320 premises inspection authority 3.36.190 Hazardous materials 16.40.290 Hazards to firefighters 16.40.140 FINANCE OFFICER Highly toxic and toxic materials 16.40.400 Alarm systems Means of egress 16.40.230 administration and enforcement 10.26.100 Precautions against fire 16.40.225 appeals hearing 10.26.120 Permits 16.40.065 Requirements for Wildland-Urban interface fire areas FINE ARTS ACTIVITIES Access 16.40.490 Regulations generally 2.80.080 Application 16.40.475 Defensible space 16.40.480 FINE ARTS COMMISSION Definitions 16.40.460 Compensation, expenses 2.80.090 Dumping 16.40.690 Effect of provisions 2.80.100 Fire protection plan 16.40.470 Established, appointment, composition 2.80.010 Ignition source control 16.40.650 Meetings Liquified petroleum gas installations 16.40.680 generally 2.80.050 Outdoor fires 16.40.660 quorum 2.80.050 Protection of pumps and water storage voting, requirements 2.80.060 facilities 16.40.700 Members appointment, composition 2.80.010 term of office 2.80.020 vacancy filling, removal procedures 2.80.030 Officers 2.80.040 Powers, duties generally 2.80.080 Recordkeeping 2.80.070 FIRE See FIRE CODE See SMOKING FIRE CODE Access to buildings and roofs 16.40.130 Administration 16.40.020 Adoption 16.40.010 Adoption of appendix chapters 16.40.015 Automatic sprinkler systems 16.40.210 Building service and features 16.40.160 Corrosive materials 16.40.350 Decorative vegetation in new and existing buildings 16.40.195 2012 S-31 13 Index FIRE MARSHAL, COUNTY Permit Weed abatement See Development assessment Planning, community development director collection authority 9.08.100 See also PLANNING DIRECTOR hearing, submittal of record 9.08.090 duties designated 16.52.021 notice distribution 9.08.080 Recordkeeping recordkeeping duty 9.08.070 See Planning,community development director duty 9.08.060 Residential requirements notice mailing 9.08.040 See New construction Subdivisions proposals 16.52.044 FIREWORKS Utility requirements 16.52.043 Definitions 10.24.010 Variance Exceptions 10.24.030 See Appeal, variance Prohibitions 10.24.020 Violation, penalty 16.52.060 Violation, penalty 10.24.080 Watercourse alteration See Planning,community development director FLOOD DAMAGE PREVENTION Anchoring requirements 16.52.041 FOOD ESTABLISHMENT AO zone requirements 16.52.054 See RESTAURANT Appeal, variance generally 16.52.030 FRANCHISE variance conditions 16.52.035 Cable television Applicability of provisions 16.52.011 See CABLE AND VIDEO SERVICES Compliance with provisions required 16.52.012 California water service Definitions 16.52.010 designated 6.16.010 Development gross annual receipts, percentage payment to permif required when, application city 6.16.050 requirements 16.52.020 maintenance permit review notice 6.16.020 See Planning, community development required 6.16.030 director term 6.16.040 Firm Cupertino garbage company See Flood insurance rate map See GARBAGE Floodway restrictions 16.52.055 Electricity Habitable floor elevation definitions 6.08.010 See New construction designated 6.08.020 Interpretation of provisions 16.52.013 granting authority 6.08.070 Liability disclaimer 16.52.014 gross receipts Manufactured home percentage payment to city 6.08.050 anchoring requirements total, report required 6.08.060 See Anchoring requirements maintenance requirements 6.08.030 requirements 16.52.053 term 6.08.040 New construction Garbage anchoring See GARBAGE See Anchoring requirements Gas habitable floor elevation definitions 6.12.010 nonresidential requirements designated 6.12.020 16.52.052 granting authority 6.12.070 residential requirements 16.52.051 gross receipts material method requirements percentage payment to city 6.12.050 16.52.042 total, report required 6.12.060 Nonresidential requirements maintenance requirements 6.12.030 See New construction term 6.12.040 2010 S-27 Cupertino-Index 14 Pacific Gas and Electric Company franchise See Electricity grant, scope, authority 6.24.120 See Gas interference prohibited 6.24.310 San Jose waterworks mandatory, owner responsibilities designated 6.20.010 6.24.030 gross annual receipts, percentage payment to unauthorized use prohibited city 6.20.050 6.24.320 maintenance Compostable materials and recyclables 6.24.060, notice 6.20.020 6.24.070 required 6.20.030 Container term 6.20.040 inappropriate, additional charges when Water 6.24.080 See California water service standards, use regulations 6.24.070 See San.Jose waterworks trash enclosure required when, requirements 6.24.305 FUND Defmitions 6.24.020 Investment 2.24.050 Delinquent account Special gas tax street improvement appropriation account created, purpose, use See SPECIAL GAS TAX STREET 6.24.280 IMPROVEMENT FUND collection, procedure 6.24.180 lien --G-- See also collection, procedure initiation 6.24.190 GARAGE, PATIO SALE recordation 6.24.230 Definitions 5.16.020 lien hearing Enforcement 5.16.060 city council hearing 6.24.220 Findings 5:16.010 fmance director hearing 6.24.220 Goods display 5.16.050 notice 6.24.200 Limitation 5..16.030 notice 6.24.170 Sign special assessment See also SIGN collection as, when 6.24.240 regulations generally 19.104.250 collection procedure 6.24.270 restrictions 5.16.040 levy, procedure 6.24.260 Violation report, contents 6.24.250 penalty 5.16.070 Disposal presumption 5.16.041 explosive, hazardous materials 6.24.100 frequency 6.24.050 GARBAGE methods designated 6.24.060 Administration, enforcement, regulations adoption unauthorized 6.24.110 6.24.325 Franchise Burning, restrictions 6.24.090 See Collection service Collection Purpose of provisions 6.24.010 See also Specific Subject Recycling center, operation, use 6.24.290 unauthorized, prohibited 6.24.300 Violation, penalty 6.24.330 Collection service charges See also Delinquent account GAS mandatory, owner responsibilities See FRANCHISE establishment, collection 6.24.150 TOXIC GASES failure to pay, effect 6.24.160 commencement, time limits 6.24.040 GENERAL PENALTY See PENALTY, GENERAL 2012 S-31 17 Index HOUSING COMMISSION LANDSCAPING Chairperson, vice-chairperson, selection, term Applicability 14.15.020 2.86.050 Audit of existing landscapes larger than Compensation 2.86.070 One acre 14.15.100 Effect of provisions 2.86.130 Definitions 14.15.030 Established, composition 2.86.010 Intent 14.15.010 Meetings Landscape and irrigation maintenance 14.15.090 See also Procedural rules Landscape installation report 14.15.080 regulations generally 2.86.060 Landscape project submittal 14.15.040 voting, requirements 2.86.080 Penalties 14.15.120 Members Public education 14.15.110 See also Specific Subject Soil analysis 14.15.070 selection, qualifications, residency 2.86.020 Water budget calculation 14.15.060 Power, duties, responsibilities generally 2.86.100 Water-efficient design element 14.15.050 Procedural rules 2.86.120 Recordkeeping, requirements 2.86.090 LIBRARY COMMISSION Staff assistance 2.86.110 Compensation 2.68.050 Term of office 2.86.030 Duties, powers, responsibilities 2.68.070 Vacancy, filling 2.86.040 Effect 2.68.080 Established 2.68.010 --I-- Meetings, quorum 2.68.040 Records 2.68.060 IMPROVEMENTS, STREET Term of office 2.68.020 See STREET IMPROVEMENT Vacancy, removal 2.68.030 INSPECTION LICENSE Exemption"from provisions 1.08.020 See also PERMIT Notification of rights 1.08.030 Bicycle 11.08.020 Warrant required 1.08.010 Bingo 5.32.270 Business See BUSINESS LICENSE Cat 8.08.350 JUNKYARD Commercial advertising 10.52.060 Business license Dog 8.08.260 See also BUSINESS LICENSE fee 5.04.350 LIQUOR Alcoholic beverages, gasoline concurrent sales appeals 19.132.070 applicability of provisions 19.132.020 KENNEL conditional use permit See ANIMAL findings, basis 19.132.050 grant criteria 19.132.030 hearing 19.132.040 purpose of provisions 19.132.010 LAND DEVELOPMENT PLANNING restrictions generally 19.132.060 See also ZONING Consumption, open container possession Specific plans prohibitions 10.49.010 applicability 20.04.020 Violation, penalty 10.49.020 contents 20.04.050 fees 20.04.060 LOADING ZONES preparation, adoption, amendment, repeal See PARKING 20.04.030 purpose 20.04.010 zoning district designation 20.04.040 2012 S-31 Cupertino-Index 18 --M-- Exemptions from provisions 9.06.030 Inspection of premises 9.06.230 MANAGER, CITY License, permit Abandoned, inoperative vehicle See also MTO certificate, Permit enforcement 11.04.040 application 9.06.050 removal authority 11.04.061 documentation 9.06.055 storage notice 11.04.130 fee 9.06.060 Animal control grounds for denial 9.06.070 administrative authority 8.01.040 expiration and renewal 9.06.065 seizure hearing 8.06.040 required 9.06.040-9.06.042 Approved street tree enforcement 14.16.080 suspension or revocation Bicycle appeals 9.06.220 enforcement 11.08.030 grounds 9.06.200 lanes designation 11.08.250 hearing 9.06.210 license issuance 11.08.040 notice 9.06.210 Bingo, provisions administration 5.32.170 MTO certificate Clerk, city, appointment 2.20.100 See also License, permit, Permit Commission meetings, attendance 2.28.060 required 09.06.041 Compensation, reimbursement 2.28.080 Operating requirements 9.06.193 Created 2.28.010 Permit Departmental organization authority 2.48.030 See also License, permit, MTO certificate Director of emergency services 2.40.050 massage establishment employees Eligibility, bond 2.28.030 permit requirements 9.06.080 Encroachment permit issuance 14.08.040 massage therapist Garage, patio sale enforcement authority 5.16.060 annual medical examination 9.06.160 Grocery store enforcement authority 5.36.060 criteria 9.06.110 Park and/or building permit issuance 13.04.040 practical examination 9.06.120 Parks administration 13.04.220 outcall massage Pedestrian regulations administration 11.09.020 application 9.06.180 Powers, duties 2.28.040 criteria 9.06.190 Relations with council 2.28.050 Prohibited acts 9.06.198 Residence requirement 2.28.020 Purpose of provisions 9.06.010 Sales and use tax, alternate, collection 3.09.050 Sanitary conditions 9.06.196 Solicitor Violation administrative authority 5.20.100 continuing 9.06.260 identification permit alternative remedies 9.06.260 application investigation 5.20.020 penalty 9.06.250 revocation, duties 5.20.070 public nuisance 9.06.240 Street tree enforcement 14.12.030 Surplus sales officer duties 3.25.020 MAYOR Suspension, removal, resignation 2.28.090 Board of appeals appointment 16.04.020 Taxicab driver license suspension, revocation Disaster council chairman 2.40.030 5.28.180 Electrical board of appeals appointment 16.16.130 Temporary absence, replacement 2.28.070 Employees' retirement system execution 2.56.020 Traffic speed limit signing 11.12.040 MECHANICAL CODE stop intersection signing 11.20.040 Adopted 16.24.010 Water Adoption of appendix chapters 16.24.015 department duties 15.12.090 Amendments provisions enforcement. 15.12.050 Section 310.1 16.24.030 Table No. 1-A 16.24.070 MASSAGE ESTABLISHMENTS, SERVICES Appeals 16.24.060 Conditions of premises 9.06.196 Condensate wastes 16.24.030 Definitions 9.06.020 Name substitution 16.24.020 Permit fees 16.24.070 Violation, penalty 16.24.080 2010 S-27 19 Index MINOR Maintenance 10.21.070 See BINGO Permit, insurance requirements 10.21.080 CURFEW Purpose of provisions 10.21.010 Violation MOBILE VENDORS abatement 10.21.090 See VENDORS, MOBILE penalty 10.21.110 MOSQUITOES NOISE CONTROL Abatement Administration 10.48.020 by city when 9.16.080 Animals, birds 10.48.061 cost Brief daytime incidents 10.48.050 See also Lien City department duties 10.48.023 payment by owner 9.16.090 Defmitions 10.48.010 notice Deliveries, pickups, nighttime 10.48.062 contents 9.16.050 Disturbance prohibited 10.48.060 when 9.16.040 Emergency exception 10.48.030 Breeding places declared nuisance 9.16.020 Exceptions Enforcement authority 9.16.030 appeal 10.48.032 Findings, intent 9.16.010 emergency 10.48.030 Health officer defined 9.16.150 homeowner construction work 10.48.029 Hearing 9.16.060 special, granting 10.48.031 Lien Grading, construction, demolition 10.48.053 exemption 9.16.140 Home maintenance activities 10.48.051 foreclosure 9.16.120 Maximum levels 10.48.040 generally 9.16.100 Motor vehicle recordation, priority 9.16.110 faulty muffler system 10.48.056 satisfaction from sale proceeds 9.16.130 idling 10.48.055 Recurrence of nuisance 9.16.070 Multiple-family dwelling unit, interior noise 10.48.054 MOTEL Multiple section applicability 10.48.013 Business license Officer See also BUSINESS LICENSE See NOISE CONTROL OFFICER fee 5.04.390 Other remedies 10.48.014 Outdoor public events 10.48.055 MOTOR COURT Recreational vehicles 10.48.057 Business license tax rate 5.04.390 Violation notice 10.48.011 MOVING BUILDINGS penalty 10.48.070 See BUILDING NOISE CONTROL OFFICER Administrative duty 10.48.020 Defined 10.48.010 NEWSPAPER Duties 10.48.022 See ADVERTISEMENT Exception granting authority 10.48.031 Noise abatement order 10.48.011 NEWSRACKS Powers 10.48.021 Administration See Committee NUISANCE Amortization 10.21.120 Abandoned,wrecked,inoperative vehicle 11.04.010 Appeals 10.21.100 Abatement Applicability of provisions 10.21.030 See NUISANCE ABATEMENT Committee 10.21.060 Animal 8.08.150 Definitions 10.21.020 Code chapters designated 1.09.180 Design standards 10.21.040 Fire code violations 16.40.750 Display of certain materials prohibited 10.21.050 Graffiti 10.60.020 2009 S-22 Cupertino-Index 20 Nighttime delivery to commercial establishment City costs, reimbursement 10.44.075 10.48.062 Definitions 10.44.020 Penalty 1.12.030 Indemnification requirements 10.44.055 Property maintenance Liability insurance required 10.44.056 See PROPERTY MAINTENANCE Obstruction, interference prohibited 10.44.130 Sewer wells, cesspools, seepage pits 15.20.120 Permit Sign, illegal 19.104.330 appeal 10.44.140 Watercourse pollution discharge 9.18.050 application Weeds 9.08.020 contents 10.44.050 Zoning provisions, noncompliance 1.09.170 criteria 10.44.100 decision, notice 10.44.100 NUISANCE ABATEMENT fee 10.44.070 Civil action permitted 1.09.100 filing period 10.44.060 Cost recovery 1.09.090 contents 10.44.110 Declaration of nuisance 1.09.040 required 10.44.040 Definitions 11.09.030 revocation 10.44.150 Hearing suspension, emergency 10.44.160 council action 1.09.070 Purpose of provisions 10.44.010 notice Route, site, cordoning 10.44.120 form 1.09.050 Violation, penalty 10.44.180 service, posting 1.09.060 Purpose of provisions 1.09.020 PARK AND RECREATION COMMISSION Short title, statutory authority 1.09.010 See also DEPARTMENT ORGANIZATION Violation, penalty 1.09.160 PARKS, CITY Chairman 2.36.040 --0-- Effect of provisions 2.36.110 Established 2.36.010 OFF-STREET VEHICLES Majority vote required when 2.36.060 Appeal from permit denial 11.10.015 Meetings 2.36.050 Exemptions 11.10.013 Members Operation terms 2.36.020 parent, guardian responsibility 11.10.014 vacancy, removal 2.36.030 permit requirements 11.10.012 Powers, functions 2.36.080 Purpose of provisions 11.10.010 Procedural rules 2.36.090 Vehicle defined 11.10.011 Record required 2.36.070 Violation, penalty 11.10.016 PARKING ORDINANCE Camp car,mobilehome,prohibited where 11.28.020 See also RESOLUTION City property Clerk record keeping 2.20.030 definitions 11.31.010 Defined 1.04.010 parking defined 11.31.010 Passage prohibited 11.31.020 effective date 2.12.050 unlawful 11.31.030 time, reading 2.12.020 violation, penalty 11.31.040 vote required 2.12.040 Commercial vehicle weight limit 11.28.030 Publication 2.12.010 Construction,repair,greasing of vehicle,prohibited Real property description requirements 2.12.060 where 11.28.040 Curb markings, signs --P-- designated, meaning 11.24.040 obedience required 11.24.050 PACIFIC GAS AND ELECTRIC COMPANY private street See FRANCHISE See Private street Definitions 11.24.030, 11.28.010 PARADES AND ATHLETIC EVENTS Diagonal Administration, authority designated 10.44.030 private street 2012 S-31 21 Index See Private street scope 11.26.020 where 11.24.180 sign obedience required 11.26.050 Handicapped violation, penalty 11.26.130 marking 11.24.110 Prohibited off-street, regulations generally 11.24.190 certain hours, where 11.24.160 private street private street See Private street See Private street Impoundment when, authority 11.24.200 street cleaning, repair 11.24.230 Loading zones where 11.24.060, 11.24.150 authority 11.24.080 Provisions effect limited 11.24.020 marking 11.24.090 Sale of merchandise, prohibited where 11.28.050 passenger, marking 11.24.100 Scope of provisions 11.24.010 private street Servicing or repair prohibited, exception See Private street 11.24.140 Parkway, prohibited on 11.24.120 Seventy-two hour limit 11.24.130 Permit Space marking 11.24.070 application 11.27.100 Temporary permits 11.24.220 definitions 11.27.020 Time limits, where 11.24.170 description 11.27.030 Violation, penalty 11.24.210, 11.28.060 display 11.27.080 established 11.27.010 PARK AND RECREATION FACILITIES exceptions 11.27.090 ACQUISITION AND MAINTENANCE FUND hours 11.27.130 Created, purpose, use 14.05.100 issuance guest 11.27.060 PARKS, CITY resident 11.27.050 See also PARK AND RECREATION posting 11.27.040 COMMISSION replacement 11.27.120 Acquisition, maintenance fees restriction 11.27.070 amount, determination 14.05.070 revocation 11.27.140 appeals 14.05.090 validity 11.27.110 applicability of provisions 14.05.020 violation, penalty 11.27.150 conformance requirements 14.05.120 zones designated 11.27.145 credits 14.05.050 Private street definitions 14.05.010 curb markings, signs 11.26.040 determination 14.05.060 definitions 11.26.030 exceptions 14.05.080 diagonal 11.26.120 pending building permit, provisions not handicapped parking space 11.26.100 applicable when 14.05.125 loading zone purpose, intent of provisions 14.05.030 establishment authority 11.26.070 required when, requirements generally marking 11.26.080 14.05.040 passenger 11.26.090 review, purpose 14.05.110 parking space use, restrictions 14.05.100 See also handicapped parking space Administrative authority 13.04.220 marking 11.26.060 Advertising, sale restrictions 13.04.180 prohibited where 11.26.110 Behavior in, requirements 13.04.130 purpose of provisions 11.26.010 Closing hours removal of vehicle sign specification prohibitions 13.04.190 11.26.140 vehicles towed when 13.04.191 Compliance required 13.04.030 Dedication See SUBDIVISION Defmitions 13.04.020 2007 S-12 Cupertino -Index 22 Enforcement authority 13.04.230 Animal Lost article report 13.04.210 dangerous, vicious 8.08.085, 8.08.460 Nature, rural preserve establishment 8.08.380 designation 13.04.201 vicious 8.08.085, 8.08.460 regulations generally 13.04.202 Bingo 5.32.190 Permit Encroachment 14.08.030 appeal 13.04.080 Explosives 10.20.010 application 13.04.050 Firearm 10.76.010 contents 13.04.060 Fire code, designated activities 16.40.090 fees, deposit 13.04.090 Grading 16.08.030 granting, denial 13.04.070 Moving buildings 16.36.020 liability 13.04.100 Newsrack 10.21.080 required 13.04.040 Off-street vehicle 11.10.011 revocation 13.04.110 Parade 10.44.030 Picnic area, use restrictions 13.04.170 Park, building 13.04.140 Property, use restrictions 13.04.120 Parking Purpose 13.04.010 See PARKING Sanitation requirements 13.04.140 Private patrol 5.24.020 Section closure when 13.04.200 Restaurant, food establishment 9.04.020 Swimming restrictions 13.04.160 Sign 19.104.030 Vehicle requirements 13.04.150 Solicitor identification 5.20.030 Violation, penalty 13.04.240 Streamside modification 9.19.030 Swimming pool 16.32.070 PATIO SALE Taxicab See GARAGE, PATIO SALE driver 5.28.160 operation 5.28.060 PEDESTRIANS Temporary parking 11.24.220 Administration 11.09.020 Toxic gas storage, use 16.42.060 Adult school crossing guards Trees obedience to, required 11.09.060 care 14.12.060 positioning 11.09.050 removal from street area 14.12.085 Defined 11.09.010 Watercourse, discharge into, NPDES permit Violation, penalty 11.09.090 9.18.080 Water system connection 15.12.080 PEDDLER Business license PERSONNEL See also BUSINESS LICENSE Accruals credits, retained 2.52.080 fee 5.04.400 Authority city manager 2.52.100 PENALTY council 2.52.090 Code violation 1.12.010 Child care expense reimbursement, granted Nuisance abatement 1.12.030 specified officers 2.72.010 Separate offense 1.12.020 City rights 2.52.310 PERFORMANCE Communication with Business license See COMMUNICATION WITH CITY See also BUSINESS LICENSE See OFFICIALS fee 5.04.340 Council, rights, powers 2.52.350 Definitions 2.52.290 PERMIT Employee organization See also BUSINESS LICENSE appropriate unit determination 2.52.470 Advertisement, handbill distribution 10.52.030 formal recognition petition 2.52.450 Alcoholic beverages, gasoline concurrent sales representative determination 2.52.480 5.44.030 rights 2.52.300 2012 S-31 23 Index Employer-employee relations 2.52.280 Meetings Employment continuation 2.52.490 amendments, records required 2.32.060 Federal, state, city laws, authority 2.52.340 procedure 2.32.050 Grievance processing procedure 2.52.420 Member Impasse procedures 2.52.410 term of office 2.32.020 Jurisdiction A vacancy, removal 2.32.030 classification plan Powers, functions 2.32.070 provisions included 2.52.160 Procedural rules 2.32.080 purpose 2.52.140 scope of coverage, adoption PLANNING DIRECTOR 2.52.150 Bingo permit applicant investigation 5.32.220 pay plan 2.52.180 Flood area authority 16.52.021 Jurisdiction B provisions included 2.52.240 PLUMBING CODE purpose 2.52.220 Adopted 16.20.010 scope of coverage, adopted 2.52.230 Adoption of appendix chapters 16.20.015 Jurisdiction C Amendments, Section 807.2 16.20.080 provisions included 2.52.270 Board of appeals 16.20.120 purpose 2.52.250 Condensate disposals 16.20.080 scope of coverage, adopted 2.52.260 Fees schedule 16.20.110 Jurisdictions Hearings 16.20.100 designated 2.52.040 Name substitution 16.20.020 exclusions 2.52.050 Violation, penalty 16.20.100 exemptions 2.52.060 Legislative intent 2.52.030 POLICE Meet and confer in good faith See SHERIFF advance notice required 2.52.440 exclusions 2.52.400 POLICE ALARM memorandum of understanding 2.52.430 See ALARM scope 2.52.380 Municipal employee relations officer designated POLLUTION 2.52.320 See WATERCOURSE POLLUTION Purpose 2.52.010 PREVENTION Repeal of prior provisions 2.52.070 Retirement PRELIMINARY SOIL REPORT See Specific Subject See BUILDING See Purpose Rules, regulations PRIVATE SCHOOL adoption 2.52.330 Business license adoption, effectiveness 2.52.130 See also BUSINESS LICENSE scope, applicability 2.52.120 fee 5.04.420 State law applicability 2.52.370 System adopted 2.52.020 PROPERTY MAINTENANCE Written agreements, effect 2.52.360 City powers 9.22.050 Exemptions from provisions 9.22.030 PISTOL Franchise Tax Board, notice 9.22.060 See FIREARM Penalties 9.22.040 Prohibited acts 9.22.020 PLANNING COMMISSION Purpose of provisions 9.22.010 Chairman, election 2.32.040 Established 2.32.010 Flood area appeal duties 16.52.030 2012 S-31 19.81 Cupertino-Index 24 PUBLIC AND PRIVATE DEVELOPMENTS, ART Administration, scope, authority 3.22.030 REQUIREMENTS Contract See ARTWORK, REQUIRED IN PUBLIC AND See also PUBLIC WORKS CONTRACTS PRIVATE DEVELOPMENTS bid, award procedures 3.22.060 Defmitions 3.22.020 PUBLIC SAFETY COMMISSION Exemptions Compensation, expenses 2.60.050 See Public agencies, exemptions when Duties, responsibilities 2.60.070 Funds availability required 3.22.050 Effect 2.60.080 Public agencies, exemptions when 3.22.070 Established 2.60.010 Purchase order, request, petty cash required Meetings, quorum, officers, staff 2.60.040 3.22.040 Members Purpose of provisions 3.22.010 term of office 2.60.020 vacancy removal 2.60.030 PURCHASING OFFICER Records required 2.60.060 Contract award authority 3.22.060 Designated 3.22.020 PUBLIC WORKS CONTRACTS Powers, duties generally 3.22.030 Award, criteria lowest bid rejection, effect 3.23.100 --Q-- lowest responsible bidder 3.23.070 Bid QUARANTINE competitive, required when 3.23.030 See ANIMAL exempt activities designated 3.23.130 informal procedure when 3.23.120 --R-- invitation, notice, contents 3.23.040 opening, procedure 3.23.060 RECORDER, COUNTY presentation, security, requirements 3.23.050 Documentary stamp tax administrator 3.04.090 rejection, identical, absence, effect 3.23.110 Bond requirements 3.23.140 RECYCLING AND DIVERSION OF CONSTRUCTION Definitions 3.23.020 AND DEMOLITION WASTE Lowest responsible bidder Administrative fee, 16.72.060 See Award, criteria Covered projects, 16.72.030 Proceeds, deposit, use 3.23.150 Defmitions, 16.72.020 Purpose of provisions 3.23.010 Diversion requirements, 16.72.040 Security Findings of the City Council, 16.72.010 See also Bid Information required before issuance of permit, forfeiture when 3.23.080 16.72.050 Work Reporting, 16.72.070 additional, procedure when 3.23.160 deletion permitted when 3.23.170 RECYCLING AREAS Applicability of provisions 9.16.030 PUBLIC WORKS DEPARTMENT Defmitions 9.16.020 See DEPARTMENTAL ORGANIZATION Maintenance and collection 9.16.050 Purpose of provisions 9.16.010 PUBLIC WORKS DIRECTOR Site development requirements 9.16.040 Storm drainage service charge Violation, penalty 9.16.060 collection duties 3.36.080 measurement, analysis methods report duties REFUSE 3.36.060 See GARBAGE premises inspection authority 3.36.190 RENTAL DISPUTE MEDIATION PURCHASING Appeal 2.78.080 See also EQUIPMENT, SURPLUS, SALE Enforcement 2.78.090 PUBLIC WORKS CONTRACTS Purpose of provisions 2.78.010 2012 S-31 24A Index Subpoena RETIREMENT SYSTEM application See PERSONNEL contents 2.78.050 procedure 2.78.040 REVENUE form, serving 2.78.060 See TAX issuance authority 2.78.020 RIGHT OF ENTRY findings required 2.78.070 See INSPECTION restrictions 2.78.030 ROLLER SKATES RESIDENTIAL CODE ADOPTED Defined 11.08.014 Adoption of Appendix chapters 16.06.15 Prohibited where 11.08.270 Automatic fire sprinkler systems 16.06.050 Violations, penalties 11.08.280 Code Adoption 16.06.010 Footings 16.06.070 Intermittent brace wall panel construction methods 16.06.100 Materials and construction methods for exterior wildfire exposure 16.06.060 Roof covering classification 16.06.080 Seismic reinforcing 16.06.090 RESOLUTION See also ORDINANCE Money payment, adoption 2.12.030 Official forms 2.12.070 RESTAURANT Definitions 9.04.010 Food, unwholesome, destruction authority 9.04.100 Meat inspection required 9.04.110 manufacturing requirements 9.04.120 Permit application, issuance 9.04.030 denial 9.04.050 fee 9.04.040 nontransferable 9.04.070 required 9.04.020 revocation, suspension 9.04.060 Prima facie evidence 9.04.090 Rules, regulations 9.04.080 Smoking See SMOKING Violation, penalty 9.04.130 REST HOME Business license See also BUSINESS LICENSE fee 5.04.410 RETAINING WALL See EXCAVATION, GRADING, RETAINING WALLS 2012 S-31 25 Index S_ SEWER See also SUBDIVISION SAFETY ASSESSMENT PLACARDS See also WATER Application of provisions 16.80.020 See also WATER POLLUTION Definitions 16.80.030 See also PREVENTION Intent 16.80.010 Abandoned system 15.20.140 Placards 16.80.040 Appeals, generally 15.20.190 Applicability of provisions 15.20.010 SALE OF SURPLUS SUPPLIES, EQUIPMENT Alteration, permit required 15.20.070 See EQUIPMENT, SURPLUS, SALE Building permit issuance requirements 15.20.100 Definitions 15.20.020 SALES AND USE TAX Enforcement authority designated 15.20.170 Administration, state contract 3.08.050 Failing system,correction responsibilities 15.20.130 Collection, enjoining prohibited 3.08.160 Installation, construction, alteration inspections Exemptions, exclusions 3.08.120 15.20.110 Operative date 3.08.030 state contractor's license required 15.20.090 Purpose 3.08.040 Liability disclaimer 15.20.160 Rate 3.08.020 New construction, permit required 15.20.060 Sales Nuisance declarations 15.20.120 place, consummation 3.08.070 Permit required tax, imposed 3.08.060 alterations 15.20.070 Short title 3.08.010 new construction 15.20.060 State code septic tanks 15.20.080 additional permits not required 3.08.110 Private system requirements 15.20.040 amendments, chapter applicability 3.08.150 Purpose of provisions 15.20.010 limitations 3.08.100 Sanitary sewer, public, required, exceptions provisions adopted 3.08.090 15.20.030 Use tax, imposed 3.08.080 Septic tank requirements 15.20.080 Violation, penalty 3.08.170 Soil tests 15.20.050 State contractor's license required when 15.20.090 SALESPERSON Violations Business license designated 15.20.180 See also BUSINESS LICENSE recording notice 15.20.150 fee 5.04.290 SHEEP SAN JOSE WATERWORKS See ANIMAL See FRANCHISE SHERIFF SEASONAL LOT Bingo Business license inspection 5.32.180 See also BUSINESS LICENSE permit applicant investigation 5.32.210 fee 5.04.330 Private patrol identification card issuance 5.24.130 SECONDHAND DEALER permit application approval 5.24.040 Applicability of provisions 5.40.010 uniform, equipment approval, inspection Defmitions 5.40.020 5.24.120 Inspection authority 5.40.030 SHOPPING CENTER SEISMIC SAFETY See also TRESPASSING See TOXIC GASES Free speech activity restrictions 10.56.040 SIDEWALK See STREETS AND SIDEWALKS 2010 S-27 Cupertino -Index 26 SIGN portable signs and displays 19.104.270 abandoned or discontinued signs 19.104.320 project announcement signs 19.104.260 appeals 19.104.070 promotional devices 19.104.270 applicability of regulations 19.104.020 real estate signs 19.104.260 beverage container recycling signs 19.104.180 special event banners 19.104.270 changeable copy signs 19.104.180 subdivision signs 19.104.250 construction and maintenance specifications window signs 19.104.280 19.104.090 violation deemed infraction 19.104.380 decorative statuary 19.104.180 electronic rea.derboard signs 19.104.180 enforcement of provisions 19.104.300 exception; findings 19.104.290 freeway orientation 19.104.200 gasoline station signs 19.104.170 ground signs 19.104.160 illegal signs authority to remove in public right-of-way 19.104.340 court action authorized 19.104.370 deemed public nuisance 19.104.370 notice required 19.104.330 summary removal authorized when 19.104.330 illumination restrictions 19.104.230 inspection requirements 19.104.060 landmark signs 19.104.210 neon signs, ekposed&visible 19.104.180 nonconforming signs 19.104.310 obstructions prohibited 19.104.080 owner responsible for removal, alteration or relocation costs 19.104.360 penalty 19.104.380 permanent blade signs&logos, symbols or insignias 19.104.150 design criteria 19.104.220 wall signs 19.104.140 window signs 19.104.150 permit required 19.104.030 prohibited signs 19.104.110 purpose and intent 19.104.010 sign program; applicability, requirements and findings 19.104.130 sign permit application; review criteria 19.104.050 application requirements 19.104.040 signs exempt from permit requirements 19.104.100 signs in and near residential districts 19.104.190 signs in special planning districts 19.104.120 storage of removed signs 19.104.350 temporary flags 19.104.250 garage sales 19.104.250 location 19.104.240 political signs 19.104.250 2012 S-31 27 Index SKATEBOARDS STORM DRAINAGE SERVICE CHARGE Defined 11.08.015 Adjustments, conditions 3.36.160 Prohibited where 11.08.270 Amount Violations, penalties 11.08.280 See Imposed, determination, applicability Applicability SMALL-INCOME BUSINESS See Exemptions Business license Imposed, determination, applicability See also BUSINESS LICENSE Collection fee 5.04.450 See also Disputed charges Payment SMOKING IN RECREATIONAL AREAS balance, procedure 3.36.090 Definitions 10.90.010 omitted charges 3.36.100 Other requirements and prohibitions 10.90.030 procedure, regulations generally Smoking prohibited 10.90.020 3.36.080 Violation-penalty 10.90.040 Definitions 3.36.020 Delinquent SODA FOUNTAIN See Payment See RESTAURANT Disputed charges See also Adjustments, conditions SOILS REPORT procedure 3.36.150 See BUILDING Effective date 3.36.070 SUBDIVISION Exemptions 3.36.040 Fund SOLICITOR See STORM DRAINAGE SERVICE CHARGE See also STREETS, SIDEWALKS FUND Administrative authority 5.20.100 Imposed, determination, applicability 3.36.030 Business license Payment See also BUSINESS LICENSE See also Collection fee 5.04.290 Disputed charges Definitions 5.20.010 delinquency Exemptions from provisions 5.20.015 See also due date Hours of operation 5.20.090 enforcement 3.36.200 Identification permit penalty 3.36.140 denial, appeal 5.20.050 due date 3.36.130 display on demand 5.20.120 location 3.36.120 issuance 5.20.040 owner responsibility 3.36.110 nontransferable 5.20.110 Premises inspection, scope, authority 3.36.190 revocation Purpose, limitations of provisions 3.36.010 appeals 5.20.070 Refunds, conditions 3.36.180 grounds 5.20.060 Revenues, use, limitations 3.36.170 Posting of premises 5.20.140 Review Vehicle requirements 5.20.080 measurement, analysis methods report Violation, penalty 5.20.130 3.36.060 procedure generally 3.36.050 SPECIFIC PLAN Use See LAND DEVELOPMENT PLANNING See Revenues, use, limitations SPORTING EVENT STORM DRAINAGE SERVICE CHARGE FUND Regulations, permit Created, purpose, use 3.36.170 See PARADES AND ATHLETIC EVENTS STREET IMPROVEMENT Agreement deferred See Deferred agreement 2011 S-29 Cupertino-Index 28 installation Requirements generally 14.04.040 See Installation agreement Rules, regulations 14.04.120 reimbursement Standard specifications 14.04.200 See Reimbursement agreement Street, highway width 14.04.210 Appeals 14.04.240 Violation Applicability of provisions 14.04.020 nuisance 14.04.260 Chapter conformance required 14.04.250 penalty 14.04.280 Credit utility connection denial 14.04.270 prior improvements 14.04.150 purpose 14.04.100 STREETS AND SIDEWALKS Dedication See also SUBDIVISION determination by class 14.04.140 Cleated vehicle operation, prohibitions 14.08.080 requirements 14.04.130 Depositing dirt, rocks prohibited 14.08.070 time, purpose 14.04.050 Encroachment Deferred agreement permit See also In-lieu payment, deferred agreement applications, deposit 14.08.040 generally issuance 14.08.050 purpose 14.04.080 required 14.08.030 Exceptions 14.04.230 Obstruction Fees 14.04.190 applicability 14.08.090 In-lieu payment definitions 14.08.010 See also In-lieu payment, deferred agreement overhead, prohibited 14.08.020 See also violation, penalty 14.08.100 generally Soliciting on purpose 14.04.070 definitions 10.80.010 schedule 14.04.180 no vehicle solicitation zone 10.80.030 In-lieu payment, deferred agreement generally prohibited 10.80.020 14.04.060 violation, penalty 10.80.040 Installation agreement, bond, other securities Street improvements 14.04.170 See STREET IMPROVEMENT Interim 14.04.090 Trees Legal description required 14.04.220 See TREES Permit, preceding Underground installations, specifications, conditions 14.04.160 supervision 14.08.050 purpose 14.04.110 Underground utilities Preceding permit See UNDERGROUND UTILITIES See Permit, preceding Purpose, intent 14.04.030 SUBDIVISION Reimbursement agreement Access funds disposition 14.04.176 direct access required 14.04.175 See Street Reimbursement charges requirements 18.32.120 applicability 18.56.010 Alley dedication charges additional 18.56.070 See Street cost of land, interest 18.56.040 Amendment funds, disposition 18.56.050 See Map land acquisition, cost, interest 18.56.060 Applicability of provisions 18.04.040 purpose of provisions 18.56.010 Attorney responsibilities 18.08.020 reimbursement agreement 18.56.020 Certificate of correction See also Reimbursement agreement See Map required 18.56.030 Citation 18.04.010 rules, regulations, establishment authority Community development department 18.56.080 responsibilities 18.08.050 Remedies cumulative 14.04.290 Compliance certificate of compliance issuance 18.48.030 2012 S-31 29 Index certificate of noncompliance issuance improvements completion 18.48.040 See Improvement required 18.48.010 parcel map requirements Construction See Parcel map See Improvement Frontage Council, city deferral agreement See also COUNCIL, CITY See Improvement responsibilities 18.08.030 requirements 18.32.030 Dedication General plan, conformance required 18.04.030 See Park land dedication, fee payment Hillside subdivision See School applicability of provisions 18.52.080 See Street common private driveway 18.52.070 Definitions 18.08.010 lot design standards 18.52.030 Design purpose of provisions 18.52.020 See also Specific Design Standard requirements generally 18.52.010 generally 18.32.100 street Energy conservation 18.32.110 design standards 18.52.040 Engineer, city improvements 18.52.060 See also ENGINEER, CITY utility improvements 18.52.060 responsibilities 18.08.040 Improvement Final map acceptance See also Map consideration 18.32.390 approval partial acceptance 18.32.410 council authority 18.16.190 agreement approval engineer authority 18.16.180 See Final map contents 18.16.150 agreement requirements 18.32.220 denial 18.16.200 completion fees five or more parcels 18.32.360 See Map four or fewer parcels 18.32.370 filing 18.16.210 notice 18.32.400 form 18.16.140 time extension 18.32.380 generally 18.16.120 construction improvement agreement approval commencement, materials, methods See approval 18.32.320 multiple final maps submittal 18.16.220 preconstruction conference 18.32.340 preliminary submittal 18.16.160 deferral agreement 18.32.080 required when 18.12.020 deficiency list 18.32.350 review by engineer 18.16.170 final inspection soils report See inspection See document requirements generally 18.32.020 survey required 18.16.130 inspection Fire station reservation final 18.32.350 See Reservations generally 18.32.330 Five or more parcels plans final map requirements See Improvement security See Final map Improvement plans improvements completion approval 18.32.180 See Improvement contents 18.32.150 parcel map requirements form 18.32.140 See Parcel map preparation 18.32.130 tentative map requirements review by engineer 18.32.170 See Tentative map revision Four or fewer parcels cost liability 18.32.210 engineer request 18.32.200 2012 S-31 Cupertino-Index 30 subdivider request 18.32.190 checking 18.20.120 supplementary plans 18.32.160 contents 18.20.110 Improvement security documents required 18.20.120 amount 18.32.250 filing 18.20.150 form 18.32.240 form, contents 18.20.110 maintenance deposit 18.32.260 generally 18.20.090 material, labor security release 18.32.300 required when 18.12.020, 18.12.030 performance security release 18.32.290 review by engineer 18.20.130 required 18.32.230 survey required 18.20.100 warrant security waiver 18.20.160 release 18.32.310 Park land dedication, fee payment requirements 18.32.270 See also Reservations Library reservation both required when 18.24.070 See Reservations credit Maintenance deposit existing residential units 18.24.115 See Improvement security generally 18.24.110 Map determination 18.24.100 amendment development commencement 18.24.130 approval 18.44.030 fee payment fee 18.44.050 amount 18.24.080 filing 18.44.040 formula 18.24.060 permitted when 18.44.010 land dedication preparation 18.44.020 amount designated 18.24.040 certificate of correction formula designated 18.24.050 See amendment private open space credit 18.24.110 fees 18.12.040 procedure 18.24.120 final map required 18.24.030 See Final map statutory authority 18.24.020 parcel map subdivision not within general plan See Parcel map 18.24.090 required when Peripheral street See Specific Map See Street generally, exceptions 18.12.010 Planning and development director tentative map responsibilities 18.08.060 See Tentative map Planning commission responsibilities 18.08.060 tentative parcel map Purpose of provisions 18.04.020 See Tentative parcel map Remainder, omitted units vesting tentative map improvement agreement 18.32.080 See Vesting tentative map Reservations Merger payment to subdivider 18.24.210 hearing procedure 18.24.200 conduct generally 18.40.010 required 18.24.180 de novo, on determination 18.40.050 standards 18.24.190 notice termination when 18.24.220 filing, effective date 18.40.020 Reversion to acreage to property owner, contents approval procedure 18.36.060 18.40.030 generally 18.32.010 previously merged parcels unaffected initiation, council authority 18.36.030 18.40.060 petition of owners required when 18.40.010 contents 18.36.040 Modification 18.04.050 review, recommendation 18.36.050 Parcel map See also Map approval, engineer authority 18.20.140 2012 S-31 31 Index use 18.36.020 review and notice of public hearings 18.20.030 recordation 18.36.070 Utility undergrounding 18.32.070 School Variance permitted when 18.04.050 land dedication Vesting tentative map exemptions 18.24.170 See also Map payment to subdivider 18.24.160 applicability of provisions 18.28.030 procedure 18.24.150 expiration 18.28.060 required 18.24.140 consistency 18.28.020 tent map requirements fees 18.28.050 See Tent map filing,processing requirements 18.28.040 Sewer system 18.32.050 generally 18.28.010 Soils report vesting 18.28.070 See Final map Violation Storm drainage 18.32.030 certificate of noncompliance Street See Compliance improvement, reimbursement remedies 18.48.020 See STREET IMPROVEMENT Warranty security dedication 18.24.010 See Improvement security direct access waiver 18.24.230 Water system 18.32.060 Tentative map See also Map SURPLUS PROPERTY amendments to approved tentative map See EQUIPMENT, SURPLUS, SALE 18.16.110 action of city council 18.16.070 SWIMMING POOL action of community development director Administration, application 16.32.030 18.16.040 Construction requirements 16.32.050 notice of public hearings 18.16.040 Definitions 16.32.020 action of planning commission Enforcement authority 16.32.060 recommending approval 18.16.050 Fencing, safety requirements 16.32.040 recommending denial upon certain findings Inspection required 16.32.073 18.16.060 Permit required findings 18.16.050 department of community development action 18.16.030 expiration 18.16.090 extension of time for planning commission or city council action 18.16.080 extensions 18.16.100 form and contents 18.16.010 submittal to department of community development 18.16.020 Tentative parcel map See also Map amendments See Map appeals 18.20.060 appeals of decisions 18.20.070 procedure 18.20.070 approval 18.20.040 required findings 18.20.040 denial upon certain findings 18.20.050 department of community development, submittal to 18.20.020 expiration and extensions 18.20.080 form and content 18.20.010 2012 S-31 Cupertino-Index 32 application 16.32.071 application 5.28.070 errors correction 16.32.090 denial 5.28.080 expiration 16.32.100 driver fees 16.32.072 See Driver permit required 16.32.070 for additional, substitute vehicles Purpose 16.32.010 5.28.110 Violation, penalty 16.32.080 required 5.28.060 revocation, suspension 5.28.100 SWINE term 5.28.090 See ANIMAL Refusal of service prohibited 5.28.200 Taximeter operation 5.28.040 required 5.28.020 TAVERN Vehicle numbering 5.28.045 See RESTAURANT Violation, penalty 5.28.220 TAX TECHNOLOGY, INFORMATION, AND See Specific Tax COMMUNICATIONS COMMISSION Budget 2.74.070 TAX ADMINISTRATOR Effect of provisions 2.74.080 Defined 3.12.020 Established 2.74.010 Transient occupancy tax Meetings, staff, officers, quorum 2.74.040 records access 3.12.110 Member unreported, determination, notice of hearing term 2.74.020 3.12.090 vacancy filling 2.74.030 Powers, duties 2.74.060 TAX COLLECTOR Recordkeeping 2.74.050 Storm drainage service charge collection duties 3.36.080 TELECOMMUNICATION USERS' TAX Actions to collect 3.35.100 TAXICAB Additional powers and duties of the Tax Administrative authority 5.28.015 Administrator 3.35.130 Appeal 5.28.185 Administrative remedy-non-paying service users Business license 3.35.120 See also BUSINESS LICENSE Adoption 3.35.020 fee 5.04.430 Appeals 3.35.160 Definitions 5.28.010 Bundling taxable items with non-taxable items Direct route 5.28.190 3.35.060 Driver permit Collection penalties- service suppliers 3.35.090 application, issuance 5.28.165 Constitutional, statutory, and other exemptions denial 5.28.170 3.35.040 employment termination 5.28.175 Deficiency determination and assessment-tax required 5.28.160 application errors 3.35.110 suspension, revocation 5.28.180 Definitions 3.35.030 Fare schedule Duration 3.35.230 adoption 5.28.030 Duty to collect-procedures 3.35.080 posting 5.28.050 Effect of state and federal reference/authorization Liability policy 3.35.190 bond 5.28.150 Independent audit of tax collection, exemption, cancellation, notice 5.28.140 remittance, and expenditure 3.35.200 required 5.28.120 Interaction with prior tax 3.35.210 requirements 5.28.130 No injunction/writ of mandate 3.35.170 Overcharge, restitution 5.28.210 Notice of changes to ordinance 3.35.180 Permit 2010 S-23 33 Index emergency response team See Curb opening closure drills 16.42.160 Parking required, composition, duties 16.42.150 See PARKING maintenance, testing requirements Road bumps 16.42.170 administrative authority designated 11.34.020 security 16.42.100 defined 11.34.010 Regulated materials installation where, criteria 11.34.030 classification 16.42.200 Road construction, traffic regulations 11.36.070 criteria 16.42.040 Speed bumps Storage, use See Road bumps See also Facility Speed limits breathing apparatus 16.42.110 authority, declaration 11.12.020 compliance plan, permit established 11.12.030 required,fees,information required 16.42.060 purpose of provisions 11.12.010 time limits 16.42.070 signing 11.12.040 exterior storage, tank requirements 16.42.260 Stop intersection fire protection requirements 16.42.190 all directional, designated, required action flow restricting orifice requirements 16.42.180 11.20.030 leak testing, protective plugs, caps 16.42.130 designated, required action 11.20.020 prohibitions 16.42.050 purpose of provisions 11.20.010 separation of incompatible materials 16.42.120 signing 11.20.040 tank cars 16.42.270 Stopping, standing Violation, penalty 16.42.290 See PARKING Truck routes TRACTOR compliance required 11.32.030 Sales, repair, service, business license established 11.32.020 See also BUSINESS LICENSE pickups, deliveries, exceptions 11.32.070 fee 5.04.540 truck defined 11.32.010 unrestricted highways designated 11.32.050 TRAFFIC use regulations generally 11.32.060 Cruising vehicle types excepted 11.32.080 definitions 11.30.010 vehicle weighing authority 11.32.040 exemptions 11.30.020 violation, penalty 11.32.090 prohibited 11.30.030 violation, penalty 11.30.040 TRAFFIC ENGINEER Curb opening closure Bicycle lane sign erection 11.08.260 authority 11.36.030 Parking hearing curb marking, sign authority 11.26.040 appeal 11.36.060 handicapped parking space approval 11.26.100 authorized 11.36.050 loading space establishment authority notice contents 11.36.040 11.26.070 provisions nonexclusive 11.36.020 space marking authority 11.26.060 purpose, definitions 11.36.010 Diverters 14.04.125 TRANSIENT OCCUPANCY TAX Downtown area Collection action 3.12.130 See Cruising Definitions 3.12.020 Driveway opening Failure to collect and report See Curb opening closure appeal 3.12.100 Engineer determination 3.12.090 See TRAFFIC ENGINEER Imposition 3.12.030 Intersections, blocking prohibited 11.24.240 Operator duty 3.12.050 Loading zones Penalty, interest 3.12.080 See Parking Records retention, access 3.12.110 Median closure Refund condition 3.12.120 Cupertino-Index 34 Registration 3.12.060 Street tree regulations Reporting, remitting 3.12.070 appeals 14.12.130 Short title 3.12.010 building permit requirements Violation, penalty 3.12.140 condition of issuance 14.12.110 fee 14.12.120 TRAPS compliance required 14.12.035 See ANIMAL definitions 14.12.020 destruction, damage prohibited 14.12.095 TREASURER, CITY enforcement 14.12.030 Conflict of interest 2.64.020 maintenance by property owners 14.12.055 Franchise pipeline inspection 6.04.050 master tree list 14.12.040 Investment authority 2.24.050 nuisance conditions 14.12.100 Monthly statements required 2.24.030 permit for maintenance 14.12.060 Oath of office, bond 2.24.040 planting specifications 14.12.050 Payment, procedure 2.24.020 purpose of provisions 14.12.010 Responsibility for city moneys 2.24.010 removal permit, notice 14.12.085 TREASURER, COUNTY replacement 14.12.090 Assessment collection responsibility 3.16.010 trimming business licensing 14.12.080 utility companies, permit to trim TREE 14.12.070 See STREETS AND SIDEWALKS violation, penalty 14.12.140 TREES TRESPASSING TREES Shopping center Protected Trees defined 10.56.010 actions prohibited 14.18.025 enforcement powers not affected 10.56.050 definitions 14.18.020 exception 10.56.030 enforcing authority 14.18.110 unlawful actions 10.56.020 exemptions 14.18.120 violation, penalty 10.56.070 heritage tree designation 14.18.060 heritage tree identification tag 14.18.100 --U-- heritage tree list 14.18.070 penalty 14.18.240 UNDERGROUND UTILITIES plan of protection 14.18.080 Conversions protected trees 14.18.050 city responsibility 14.20.100 protection during construction 14.18.210 company responsibility 14.20.080 purpose of provisions 14.18.010 exceptions recordation 14.18.090 designated 14.20.060 removal when 14.20.050 application 14.18.140, 14.18.160 notice required 14.20.070 approval authority 14.18.140 property owner responsibility 14.20.090 Director to inspect 14.18.150 public hearing 14.20.020 notice and posting 14.18.170 time extension when 14.20.110 notice of action 14.18.230 unlawful acts 14.20.040 appeal 14.18.230 violation, penalty 14.20.120 protection plan before granting permit District designation 14.20.030 14.18.220 New developments retroactive permit 14.18.200 definitions 14.24.020 review 14.18.180 retention promoted 14.18.030 Tree Management Plan 14.18.130 tree replacement 14.18.190 2012 S-31 37 Index WEAPON CG zone 19.60.030 See FIREARM GC zone 19.56.030 OA zone 19.64.020 WEEDS PR zone 19.84.020 See also PROPERTY MAINTENANCE R-1 zone 19.20.020 Abatement R-2 zone 19.20.020 assessment R-3 zone 19.20.020 collections as tax 9.08.100 RHS zone 19.20.020 hearing 9.08.090 Administration notice, posting, mailing 9.08.080 appeals 19.12.170 responsibility 9.08.070 applicability of regulations 19.12.020 authority, procedure 9.08.060 application process 19.12.080 hearing 9.08.050 approval authority 19.12.030 notice city council, authority of 19.12.070 form designated 9.08.030 city council, action by 19.12.140 mailing 9.08.040 decision 19.12.100 property damage, notice of design review committee, authority of improvements 9.08.110 19.12.050 Defined, prohibited 9.08.010 design review committee and planning Nuisance, abatement required 9.08.020 commission, action by 19.12.130 director, action by 19.12.090 WILDLAND URBAN INTERFACE FIRE AREA director of community development, action Adopted 16.74.010 by-Administrative 19.12.120 director of community development, authority WIRELESS COMMUNICATIONS FACILITIES of 19.12.040 See ZONING effective date 19.12.160 expiration,extension and revocation 19.12.180 --Z-- notice of decision and reports 19.12.150 noticing 19.12.110 ZONING planning commission, authority of 19.12.060 A-1 zone purpose and intent 19.12.010 applicability of provisions 19.24.020 Administrative and professional office zone building development regulations 19.24.050 See OA zone conditional uses 19.24.030 Administrative office designated 19.16.010 CG zone 19.60.030 excluded uses 19.24.030 ML-rc zone 19.64.020 permitted uses 19.24.030 MP zone 19.64.020 purpose 19.24.010 OA zone 19.64.020 site development regulations 19.24.040 OP zone 19.64.020 A zone Adoption of provisions 19.04.010 applicability of provisions 19.24.020 Adult-oriented commercial activities building development regulations 19.24.050 applicability of provisions 19.128.020 conditional uses 19.24.030 purpose 19.128.010 designated 19.16.010 regulations excluded uses 19.24.030 concentration of activities 19.128.030 permitted uses 19.24.030 proximity to residential, public, quasi- purpose 19.24.010 public uses 19.128.040 site development regulations 19.24.040 Agricultural-residential zone Accessory building, structure See A-1 zone applicability of provisions 19.100.010 Agricultural uses generally 19.100.020 PR zone 19.84.020 site development regulations 19.100.030 Agricultural zone Accessory facilities See A zone A-1 zone 19.20.020 Airfields A zone 19.20.020 T zone 19.76.030 2012 S-31 Cupertino-Index 38 Airport Automobile repair shops T zone 19.76.030 CG zone 19.60.030 Air sports field Automobile sales FP zone 19.84.020 CG zone 19.60.030 Amendment ML zone 19.64.020 boundaries, changes in 19.152.020 Automobile service station generally 19.152.010 CG zone 19.60.030 prezoning 19.152.040 ML zone 19.64.020 regulations, changes in 19.152.030 Automobile washing facility Amusement park CG zone 19.60.030 FP zone 19.84.020 ML zone 19.64.020 Animal BA zone breeding applicability of provisions 19.76.020 A-1 zone 19.20.020 application requirements 19.76.050 A zone 19.20.020 conditional uses 19.76.030 keeping designated 19.16.010 A-1 zone 19.20.020 excluded uses 19.76.030 A zone 19.20.020 permits required for development 19.76.040 R 1 C zone 19.20.020 permitted uses 19.76.030 R-1 zone 19.20.020 purpose 19.76.010 R-2 zone 19.20.020 site development regulations 19.76.060 R-3 zone 19.20.020 Bank RHS zone 19.20.020 CG zone 19.60.030 Antenna Barn See Wireless communications facilities A-1 zone 19.20.020 Apiary A zone 19.20.020 A-1 zone 19.20.020 Beverage container redemption, recycling center A zone 19.20.020 See Recycling center Appeal Bicycle motocross action FP zone 19.84.020 city council 19.136.050 Billiards planning commission 19.136.040 FP zone 19.84.020 filing procedures 19.136.020 Boardinghouses generally 19.136.010, 19.136.060 CG zone 19.60.030 hearing, notification 19.136.030 Boat rental Arboretum ML zone 19.64.020 A-1 zone 19.20.020 Boat sales A zone 19.20.020 ML zone 19.64.020 Archery practice range Bowling FP zone 19.84.020 FP zone 19.84.020 Architectural, site review BQ zone findings 19.168.030 applicability of provisions 19.76.020 limitations regarding decisions 19.168.020 application requirements 19.76.050 purpose of regulations 19.168.010 conditional uses 19.76.030 Artwork,required in public and private developments designated 19.16.010 See ARTWORK, REQUIRED IN excluded uses 19.76.030 PUBLIC AND PRIVATE DEVELOPMENTS permits required for development 19.76.040 Assembly permitted uses 19.76.030 ML zone 19.64.020 purpose 19.76.010 Athletic field site development regulations 19.76.060 FP zone 19.84.020 Building materials sales Auction house ML zone 19.64.020 ML zone 19.64.020 Buildings, public and quasi-public Automobile rental A-1 zone 19.20.020 ML zone 19.64.020 A zone 19.20.020 2012 S-31 39 Index Bus station, terminal Conditional use permit, variance, development T zone 19.76.030 permits Business office application CG zone 19.60.030 conditional use permit or variance Business service 19.156.020 CG zone 19.60.030 development permit 19.156.010 Cabinet shop approval authority 19.156.030 ML zone 19.64.020 change of use 19.156.070 Carpenter shop conditional use permit 19.156.040 ML zone 19.64.020 expansion or modification of permits Caterer conditional use 19.156.060 ML zone 19.64.020 planned development 19.156.060 Cemetery findings and conditions A-1 zone 19.20.020 conditional use permit 19.156.040 A zone 19.20.020 planned development permit 19.156.040 CG zone variances 19.156.050 applicability of provisions 19.60.020 planned development permit 19.156.040 conditional uses 19.60.030 variances 19.156.050 designated 19.16.010 Conditional uses development standards 19.60.060 BA zone 19.76.030 excluded uses 19.60.030 BQ zone 19.76.030 land use activity 19.60.050 CG zone 19.60.030 permits required for development 19.60.040 expansion 19.156.060 permitted uses 19.60.030 FP zone 19.96.040 purpose 19.60.010 ML zone 19.64.020 Child day care facility ML-rc zone 19.64.020 BQ zone 19.76.030 MP zone 19.64.020 CG zone 19.60.030 OA zone 19.68.030 R-3 zone 19.20.020 OP zone 19.68.030 Churches, existing OS zone 19.88.020 ML-rc zone 19.64.020 P zone 19.80.030 Civic organization PR zone 19.92.020 BQ zone 19.76.030 R1 zone 19.28.030 Club R1C zone 19.44.040 BQ zone 19.76.030 R-2 zone 19.32.030 CG zone 19.60.030 R-3 zone 19.36.030 Coal sales RHS zone 19.40.030 ML zone 19.64.020 T zone 19.76.030 Cold storage facilities Conflict of provisions 19.04.040 ML zone 19.64.020 Congregate residence ML-rc zone 19.64.020 A-1 zone 19.20.020 Columbarium A zone 19.20.020 A-1 zone 19.20.020 BQ zone 19.76.030 A zone 19.20.020 R1C zone 19.20.020 Commercial photography R-1 zone 19.20.020 ML-rc zone 19.64.020 R-2 zone 19.20.020 Communication structures R-3 zone 19.20.020 A-1 zone 19.20.020 RHS zone 19.20.020 A zone 19.20.020 Convenience markets Competition and tournament facilities CG zone 19.60.030 FP zone 19.84.020 Conversion, apartment to community housing Compliance with provisions required 19.04.030 applicability of provisions 19.116.020 2012 S-31 Cupertino-Index 40 application Development agreement procedures 19.116.060 application requirements 19.116.050 contents 19.144.070 parking 19.116.040 form 19.144.060 purpose 19.116.010 qualification required 19.144.050 regulations generally 19.116.030 authority of provisions 19.144.030 Crematory cancellation A-1 zone 19.20.020 city 19.144.200 A zone 19.20.020 mutual consent 19.144.190 Crops rights 19.144.210 A-1 zone 19.20.020 construction of provisions 19.144.250 A zone 19.20.020 effect 19.144.240 RHS zone 19.20.020 execution, recordation 19.144.260 Culverts findings of fact,intent of provisions 19.144.010 OS zone 19.84.020 judicial review; time limitation 19.144.270 Dairy processing hearing A-1 zone 19.20.020 appeal of determination 19.144.170 A zone 19.20.020 compliance; appeal 19.144.150 Dancehall findings 19.144.110 FP zone 19.84.020 generally 19.144.090 Dance instruction irregularity in proceeding 19.144.120 FP zone 19.84.020 noncompliance; appeal 19.144.160 Day care home, large family plans, consistency with A-1 zone 19.20.020 general 19.144.080 BQ zone 19.76.030 specific 19.144.080 R1C zone 19.20.020 purpose of 19.144.020 R-1 zone 19.20.020 review, time for and initiation of 19.144.140 R-2 zone 19.20.020 rules affecting 19.144.220 R-3 zone 19.20.020 separate procedure 19.144.230 RHS zone 19.20.020 Districts Day care home, small family applicability of provisions 19.16.060 A zone 19.20.020 designated 19.16.010 R1 zone 19.20.020 reference 19.16.020 R1C zone 19.20.020 Drainage ditches R-2 zone 19.20.020 OS zone 19.84.020 R-3 zone 19.20.020 Drinking establishments RHS zone 19.20.020 CG zone 19.60.030 Deck, second.story Drive-in theaters See Accessory building, structure ML zone 19.64.020 Definitions Drive-through facilities applicability, purpose of provisions 19.08.010 CG zone 19.60.030 construction of provisions 19.08.020 Driving tees/ranges designated 19.08.030 A-1 zone 19.20.020 Delivery service A zone 19.20.020 ML zone 19.64.020 T zone 19.76.030 ML-rc zone 19.64.020 Dry cleaning Density bonus ML zone 19.64.020 applicability of provisions 19.56.020 ML-rc zone 19.64.020 application procedure 19.56.060 Duplicating service concessions 19.56.030 ML zone 19.64.020 purpose 19.56.010 ML-rc zone 19.64.020 requirements Emergency shelter, permanent affordable housing units 19.56.050 BQ zone 19.76.030 generally 19.56.040 Entertainment establishment ML zone 19.64.020 2012 S-31 41 Index Entitlement applications, combining 19.04.090 Food store, specialty Equestrian center CG zone 19.60.030 FP zone 19.84.020 FP zone Equipment, home, garden and farm applicability of provisions 19.96.020 ML zone 19.64.020 application requirements 19.96.070 Excluded uses conditional uses 19.96.040 A-1 zone 19.20.020 designated 19.16.010 A zone 19.20.020 excluded uses 19.96.040 FP zone 19.96.040 performance standards 19.96.080 ML zone 19.64.020 permits required for development 19.96.060 ML-rc zone 19.64.020 permitted uses 19.96.040 MP zone 19.64.020 purpose 19.96.010 OA zone 19.64.020 subsidiary uses 19.96.050 OP zone 19.64.020 zoning designations 19.96.030 OS zone 19.88.020 Fraternal organization PR zone 19.92.020 CG zone 19.60.030 R1C zone 19.20.020 Freeway R-1 zone 19.20.020 T zone 19.76.030 R-2 zone 19.20.020 Frozen food lockers R-3 zone 19.20.020 ML zone 19.64.020 RHS zone 19.20.020 ML-rc zone 19.64.020 Executive offices Fruit sale ML-rc zone 19.64.020 A-1 zone 19.20.020 MP zone 19.64.020 A zone 19.20.020 OA zone 19.64.020 Fuel pump OP zone 19.64.020 ML zone 19.64.020 Expressway Fur farm T zone 19.76.030 A-1 zone 19.20.020 Farm worker residence Furniture sales, used A-1 zone 19.20.020 ML zone 19.64.020 A zone 19.20.020 Gallery Feed FP zone 19.84.020 sale Garden ML zone 19.64.020 OS zone 19.84.020 Fences R-3 zone 19.20.020 erection or maintenance of Gates OS zone 19.84.020 OS zone 19.84.020 exceptions 19.48.060 General commercial zone location and height See CG zone zones not requiring design review General office 19.48.030 CG zone 19.60.030 zones requiring design review 19.48.020 Go-cart track prohibited fences 19.48.090 FP zone 19.84.020 proximity of plants and fences to public streets Golf course 19.48.050 A-1 zone 19.20.020 purpose 19.48.010 A zone 19.20.020 roadway and driveway gates 19.48.040 BQ zone 19.76.030 temporary fences for construction 19.48.070 FP zone 19.84.020 violation-penalty 19.48.080 RHS zone 19.20.020 Film processing Golf driving ranges ML-rc zone 19.64.020 ML zone 19.64.020 Financial institution Governmental facilities CG zone 19.60.030 ML-rc zone 19.64.020 Firearm practice range Gravel pit FP zone 19.84.020 A-1 zone 19.20.020 2012 S-31 Cupertino-Index 42 A zone 19.20.020 Ice sales Greenhouse ML zone 19.64.020 A-1 zone 19.20.020 Industrial park zone A zone 19.20.020 See MP zone ML zone 19.64.020 Industrial zone, light Group home See ML zone A-1 zone 19.20.020 Insurance agency A zone 19.20.020 CG zone 19.60.030 R1C zone 19.20.020 Janitoral service R-1 zone 19.20.020 ML zone 19.64.020 R-2 zone 19.20.020 Kennel R-3 zone 19.20.020 A-i zone 19.20.020 RHS zone 19.20.020 A zone 19.20.020 Guest ranches Kiosks, retail/service A-1 zone 19.20.020 CG zone 19.60.030 A zone 19.20.020 Laboratory Gymnasium ML-rc zone 19.64.020 ML-rc zone 19.64.020 Lake Health club OS zone 19.84.020 ML-rc zone 19.64.020 Landscaping garden Heliports A-1 zone 19.20.020 ML zone 19.64.020 A zone 19.20.020 Helicopter terminal Laundry T zone 19.76.030 CG zone 19.60.030 Homeless shelter, rotating Liquor stores BQ zone 19.76.030 CG zone 19.60.030 Home occupations Lodge A-1 zone 19.20.020 CG zone 19.60.030 A zone 19.20.020 Lumberyard excluded occupations 19.120.050 ML zone 19.64.020 nonconforming uses 19.120.060 Machinery rental, sales purpose 19.120.010 ML zone 19.64.020 R1C zone 19.20.020 ML-rc zone 19.64.020 R-1 zone 19.20.020 Manufacturing R-2 zone 19.20.020 ML zone 19.64.020 R-3 zone 19.20.020 Map requirements generally 19.120.020 areas not shown 19.16.040 RHS zone 19.20.020 district boundaries 19.16.030 standards use, interpretation 19.16.050 designated 19.120.030 Martial arts interpretation of standards 19.120.040 FP zone 19.84.020 Horses, boarding of Mausoleum A-1 zone 19.20.020 A-1 zone 19.20.020 A zone 19.20.020 A zone 19.20.020 Horticulture Medical laboratories R-1 zone 19.20.020 MP zone 19.64.020 R-3 zone 19.20.020 OP zone 19.64.020 RHS zone 19.20.020 Messenger service Hospital ML zone 19.64.020 BQ zone 19.76.030 Mine Hotels A-1 zone 19.20.020 CG zone 19.60.030 A zone 19.20.020 Houses, fraternity and sorority Miniature golf courses CG zone 19.60.030 ML zone 19.64.020 T zone 19.76.030 2012 S-31 43 Index Minor change Nonconforming use applicability of provisions 19.164.020 See also Noncomplying facility application diversion to administrative appeal 19.140.120 approval 19.164.030 applicability of provisions 19.140.010 purpose of provisions 19.164.010 change to other than conforming use Mixed concrete, retail sales prohibited 19.140.030 ML zone 19.64.020 expansion prohibited 19.140.020 ML zone maintenance, repair 19.140.040 applicability of provisions 19.72.020 proceedings and findings 19.140.110 conditional uses 19.72.030 record 19.140.100 designated 19.16.010 replacement 19.140.050 emission restrictions 19.72.050 value determination 19.140.090 excluded uses 19.72.030 Nuisance 19.04.050 permits required for development 19.72.040 Nursery permitted uses 19.72.030 A-1 zone 19.20.020 purpose 19.72.010 A zone 19.20.020 site development regulations 19.72.060 ML zone 19.64.020 Mortuaries OA zone CG zone 19.60.030 applicability of provisions 19.68.020 ML zone 19.64.020 conditional uses 19.68.030 Motels designated 19.16.010 CG zone 19.60.030 excluded uses 19.68.030 Motion picture studio permits required for development 19.68.040 ML zone 19.64.020 permitted uses 19.68.030 ML-rc zone 19.64.020 purpose 19.68.010 MP zone site development regulations 19.68.050 applicability of provisions 19.72.020 Off-street parking conditional uses 19.72.030 See Parking designated 19.16.010 Office supplies and equipment sales and services emission restrictions 19.72.050 ML-rc zone 19.64.020 excluded uses 19.72.030 OP zone permits required for development 19.72.040 applicability of provisions 19.68.020 permitted uses 19.72.030 conditional uses 19.68.030 purpose 19.72.010 designated 19.16.010 site development regulations 19.72.060 excluded uses 19.68.030 Multiple-family residential dwelling permits required for development 19.68.040 R-3 zone 19.20.020 permitted uses 19.68.030 Multiple-family zone purpose 19.68.010 See R-3 zone site development regulations 19.68.050 Municipal facilities Open space zone ML-rc zone 19.64.020 See OS zone Museum Orchard FP zone 19.84.020 A-1 zone 19.20.020 Noncomplying facility A zone 19.20.020 See also Nonconforming use OS zone appeal 19.140.120 applicability of provisions 19.88.020 applicability of provisions 19.140.010 conditional uses 19.88.030 enlargement prohibited 19.140.060 excluded uses 19.88.030 maintenance, repair 19.140.070 permits required for development 19.88.040 proceedings and findings 19.140.110 permitted uses 19.88.030 record 19.140.100 purpose 19.88.010 replacement 19.140.080 Outdoor activity center value determination 19.140.090 FP zone 19.84.020 2012 S-31 Cupertino-Index 44 P zone Pets applicability of regulations 19.80.020 R-2 zone 19.20.020 conditional uses 19.80.030 R-3 zone 19.20.020 development permit 19.80.050 Photography studio establishment of 19.80.030 CG zone 19.60.030 permitted uses 19.80.030 Picnic area prezoning 19.80.040 A-1 zone 19.20.020 purpose 19.80.010 A zone 19.20.020 zoning 19.80.040 BQ zone 19.76.030 Packing, crating establishment FP zone 19.84.020 ML zone 19.64.020 RHS zone 19.20.020 Park Planned development permit PR zone 19.84.020 Application 19.156.010 Park and recreation zone Expansion 19.156.060 See PR zone Findings and conditions 19.156.040 Parking Planned development zone applicability of provisions 19.124.020 See P zone exceptions Planned office zone approval authority 19.124.050 See OP zone findings 19.124.060 Playground purpose of provisions 19.124.010 PR zone 19.84.020 regulations for off-street parking 19.124.040 OS zone 19.84.020 various zones, regulations for parking and Pond keeping vehicles in 19.124.030 OS zone 19.84.020 Parking, parking garage Pool CG zone 19.60.030 OS zone 19.84.020 ML zone 19.64.020 Poultry raising, hatchery PR zone 19.84.020 A-1 zone 19.20.020 Permitted uses A zone 19.20.020 A-1 zone 19.20.020 PR zone A zone 19.20.020 applicability of provisions 19.92.020 BA zone 19.76.030 conditional uses 19.92.030 BQ zone 19.76.030 designated 19.16.010 CG zone 19.60.030 excluded uses 19.92.030 FP zone 19.96.040 park master plan required 19.92.040 ML zone 19.64.020 permitted uses 19.92.030 ML-rc zone 19.64.020 purpose 19.92.010 MP zone 19.64.020 Prezoning 19.120.110 OA zone 19.68.030 Printing and publishing OP zone 19.68.030 ML-rc zone 19.64.020 OS zone 19.88.020 Private recreation zone P zone 19.80.030 See FP zone PR zone 19.92.020 Processing R1C zone 19.20.020 ML zone 19.64.020 R-1 zone 19.20.020 Professional office R-2 zone 19.20.020 CG zone 19.60.030 R-3 zone 19.20.020 ML-rc zone 19.64.020 RHS zone 19.20.020 MP zone 19.64.020 T zone 19.76.030 OA zone 19.64.020 Personal services OP zone 19.64.020 CG zone 19.60.030 Public building zone Pet shop and services See BA zone CG zone 19.60.030 Purpose of provisions 19.04.010 2012 S-31 45 Index Quarry conditional uses 19.36.030 A-1 zone 19.20.020 designated 19.16.010 A zone 19.20.020 development plan required 19.36.040 Quasi-public building zone excluded uses 19.36.030 See BQ zone permit required for development 19.36.050 R1C zone permitted uses 19.36.030 applicability of provisions 19.44.020 purpose 19.36.010 changes after granting 19.44.070 site development regulations 19.36.060 characteristics 19.44.030 Racquet club conditional uses 19.44.040 FP zone 19.84.020 designated 19.16.010 Radioactive material manufacture exceptions—findings 19.44.080 ML zone 19.64.020 excluded uses 19.44.040 Radio aerial permitted uses 19.44.040 See Wireless communications facilities purpose 19.44.010 Radio station site development regulations 19.44.050 ML zone 19.64.020 specific development standards 19.44.060 ML-rc zone 19.64.020 R-1 zone Radio tower applicability of regulations 19.28.020 A-1 zone 19.20.020 building development regulations 19.28.070 A zone 19.20.020 conditional uses 19.28.030 Railroad designated 19.16.010 T zone 19.76.030 development regulations 19.28.080, 19.28.090 Real estate agency building 19.28.070 CG zone 19.60.030 R1-a 19.28.090 Reasonable accommodation site 19.28.060 appeals 19.52.060 Eichler (R1-e)building design requirements applicability 19.52.020 19.28.080 application requirements 19.52.030 exceptions 19.28.130 approval authority, procedure and excluded uses 19.28.030 decision 19.52.040 findings 19.28.140 findings 19.52.050 landscape requirements 19.28.120 purpose 19.52.010 permits required 19.28.040 Recreation permitted uses 19.28.030 OS zone 19.84.020 permitted yard encroachments 19.28.100 PR zone 19.84.020 purpose 19.28.010 Recycling area single-family residential design guidelines See RECYCLING AREAS and principles 19.28.110 site development requirements 19.81.040 site development regulations 19.28.060 violation, penalty 19.81.060 yard 19.28.100 Recycling center zoning districts established 19.28.050 applicability of regulations 19.108.020 R-2 zone criteria and standards 19.108.050 applicability of provisions 19.32.020 penalty 19.108.020 building development regulations 19.32.060 permits for multiple sites 19.108.040 conditional uses 19.32.030 permits required 19.108.030 designated 19.16.010 purpose 19.108.010 excluded uses 19.32.030 Religious organization permits required for development 19.32.040 BQ zone 19.76.030 permitted uses 19.32.030 Repair services purpose 19.32.010 CG zone 19.60.030 site development regulations 19.32.050 FP zone 19.84.020 R-3 zone ML zone 19.64.020 applicability of provisions 19.36.020 Research and development building development regulations 19.36.070 ML zone 19.64.020 2012 S-31 Cupertino-Index 46 Residential care facility R1 zone 19.20.020 A-1 zone 19.20.020 RHS zone 19.20.020 A zone 19.20.020 site development regulations 19.112.030 BQ zone 19.76.030 Shed R1C zone 19.20.020 Signs R-1 zone 19.20.020 See SIGNS R-2 zone 19.20.020 Single-family dwelling unit R-3 zone 19.20.020 A-1 zone 19.20.020 RHS zone 19.20.020 A zone 19.20.020 Residential dwelling for caretakers/watchmen PR zone 19.84.020 FP zone 19.84.020 R1C zone 19.20.020 ML zone 19.64.020 R-1 zone 19.20.020 Residential duplex zone RHS zone 19.20.020 See R-2 zone Single-family residential zone Residential hillside zone See R1 zone See RHS zone Site development regulations Residential single-family cluster zone accessory buildings, structures 19.100.030 See R 1 C zone A-1 zone 19.24.040 Restaurant A zone 19.24.040 CG zone 19.60.030 BA zone 19.76.060 FP zone 19.84.020 BQ zone 19.76.060 Retail store ML zone 19.72.060 CG zone 19.60.030 MP zone 19.72.060 FP zone 19.84.020 OA zone 19.76.050 RHS zone R1 zone 19.28.060 applicability of provisions 19.40.020 R1C zone 19.44.050 application requirements 19.40.040 R-3 zone 19.36.060 building development regulations 19.40.060 radio aerial conditional uses 19.40.030 See Wireless communications facilities designated 19.16.010 RHS zone 19.40.050 excluded uses 19.40.030 second dwelling unit 19.112.030 hillside exception, findings 19.40.080 television aerial hillside lots, exception for development of See Wireless communications facilities certain individual 19.40.070 T zone 19.76.060 permitted uses 19.40.030 Skating rink purpose 19.40.010 FP zone 19.84.020 site development regulations Solar design designated 19.40.050 A-1 zone 19.20.020 Riding academies A zone 19.20.020 A-1 zone 19.20.020 RHS zone 19.20.020 A zone 19.20.020 Sports training center Riding clubs, related stables and trails FP zone 19.84.020 RHS zone 19.20.020 Stables School A-1 zone 19.20.020 BQ zone 19.76.030 A zone 19.20.020 School, specialized OS zone 19.84.020 CG zone 19.60.030 Stenographic service Second dwelling unit ML zone 19.64.020 A-1 zone 19.20.020 ML-rc zone 19.64.020 applicability of provisions 19.112.020 Stone cutting, monument manufacture architectural review 19.112.040 ML zone 19.64.020 A zone 19.20.020 Storage facility nonconforming, illegal second dwelling units ML zone 19.64.020 19.112.050 Stream purpose 19.112.010 OS zone 19.84.020 2012 S-31 47 Index Swimming facilities Transportation zone A-1 zone 19.20.020 See T zone A zone 19.20.020 Travel agency BQ zone 19.76.030 GC zone 19.60.030 FP zone 19.84.020 Tree farm ML zone 19.64.020 A-1 zone 19.20.020 RHS zone 19.20.020 A zone 19.20.020 T zone RHS zone 19.20.020 applicability of provisions 19.76.020 Two-family use, one ownership application requirements 19.76.050 R-2 zone 19.20.020 conditional uses 19.76.030 Utility company designated 19.16.010 BQ zone 19.76.030 excluded uses 19.76.030 Utility facility permits required for development 19.76.040 ML zone 19.64.020 permitted uses 19.76.030 ML-rc zone 19.64.020 purpose 19.76.010 R-1 zone 19.20.020 site development regulations 19.76.060 R-2 zone 19.20.020 Technical colleges R-3 zone 19.20.020 ML-rc zone 19.64.020 Variance Telegraph office See Conditional use permit, variance ML zone 19.64.020 Vegetation maintenance Television aerial OS zone 19.84.020 See Wireless communications facilities Video game Television station CG zone 19.60.030 ML zone 19.64.020 FP zone 19.84.020 ML-rc zone 19.64.020 GC zone 19.56.030 Television tower Vineyard A-1 zone 19.20.020 A-i zone 19.20.020 A zone 19.20.020 A zone 19.20.020 Temporary buildings Violation, penalty R-3 zone 19.20.020 generally 19.04.070 Temporary uses remedies cumulative 19.04.060 A-1 zone 19.20.020 Warehouse A zone 19.20.020 ML zone 19.64.020 conditional use permit ML-rc zone 19.64.020 findings 19.160.030 Wine sale granting 19.160.010 A zone 19.20.020 issuance conditions 19.160.020 A-1 zone 19.20.020 OS zone 19.84.020 Wholesale, showrooms and storage R-1 zone 19.20.020 ML zone 19.64.020 R-2 zone 19.20.020 ML-rc zone 19.64.020 R-3 zone 19.20.020 Wireless communications facilities RHS zone 19.20.020 appeals 19.136.100 Theatre applicability of regulations 19.136.020 CG zone 19.60.030 application FP zone 19.84.020 permitting procedures, conditions of Tire repair shops approval 19.136.070 CG zone 19.60.030 requirements 19.136.070 ML zone 19.64.020 design and site review 19.136.060 Transformer station height exceptions, findings 19.136.090 A-1 zone 19.20.020 purpose 19.136.010 A zone 19.20.020 site development Transmission lines general regulations 19.136.040 A-1 zone 19.20.020 specific regulations 19.136.060 A zone 19.20.020 site locations 19.136.030 2012 S-31