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2012 S-35 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2012 S-35 Supplement contains: Local legislation current through Ordinance 2098, passed 8-21-12 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 2.28.010 CHAPTER 2.28: CITY MANAGER* Section 2.28.010 Office created. chapter. In addition to his or her general powers as Chief 2.28.020 Reserved. Administrator, and not as a limitation thereon, he or she 2.28.030 Eligibility-Bond. shall have the powers and duties set forth in the following 2.28.040 Powers and duties. subsections: 2.28.050 Council-Manager relations. A. To see that all laws and ordinances of the City are 2.28.060 Attendance at commission meetings. duly enforced and that all franchises, permits, licenses and 2.28.070 Temporary absence. privileges granted by the City are faithfully performed and 2.28.080 Compensation-Reimbursement. observed; 2.28.090 Suspension-Removal-Resignation. B. To control, order and give directions to all directors of departments and to subordinate officers and * For statutory provisions regarding the city employees of the City under his or her jurisdiction through manager form of government, see Gov. Code their department directors, and to transfer employees from §§ 34851--34859. one department to another; C. The services and facilities of the City Treasurer and the City Attorney shall be made available to the City 2.28.010 Office Created. Manager to the same extent and in the same manner that the The office of City Manager is created and established. services are available to the City Council; The City Manager shall be appointed by the City Council on D. To appoint, discipline and dismiss any and all the basis of his or her experience, administrative and officers and employees of the City except those elected by executive ability. He or she shall hold office at and during the electors of the City or whose appointment or dismissal the pleasure of the City Council. (Ord. 1697, (part), 1995; is denied to the City Manager under the laws of the state. Ord. 106, § 1, 1959) The power to appoint given in the preceding paragraph does not include the power to create a new position except 2.28.020 Reserved. as provided under Chapter 2.52; E. To attend all meetings of the City Council unless 2.28.030 Eligibility-Bond. excused therefrom by the City Council; A. No person elected or appointed as a councilman F. To recommend to the City Council for adoption of the City shall, subsequent to taking office as councilman, such measures and ordinances as he or she deems necessary be eligible for appointment as City Manager until one year or expedient; has elapsed after the Council member has ceased to be a G. To keep the City Council at all times fully advised member of the City Council. as to the financial conditions and needs of the City; B. The City Manager shall furnish a corporate surety H. To prepare and submit to the City Council the bond to the City conditioned upon the faithful performance annual budget and to administer it after adoption; of his or her duties in the penal sum to be fixed by the City I. To purchase or cause to be purchased all supplies Council. The premium for the bond shall be paid by the for all of the departments or divisions of the City. No City. (Ord. 1697, (part), 1995; Ord. 106, § 3, 1959) expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager; 2.28.040 Powers and Duties. J. To make investigation into the affairs of the City The City Manager shall be the administrative head of and any department or division thereof and any contract or the City government acting under the direction and control the proper performance of any obligation running to the of the City Council except as otherwise provided in this City; 2012 S-35 2 , 2.28.040 Cupertino-Administration and Personnel 24 K. To investigate all complaints in relation to matters 2.28.080 Compensation-Reimbursement. consuming the administration of the government of the City A. The compensation of the City Manager, as well and in regard to the services maintained by public utilities in as provisions for his vacation time shall be determined by the City and to see that all franchises,permits and privileges resolution of the City Council. granted by the City are faithfully observed; B. The City Manager shall be reimbursed for all L. To execute general supervision over all public legitimate expenses paid by him in the conduct of City buildings, public parks, streets and other public property business, including traveling expenses outside the City which are under the control and jurisdiction of the City limits. (Ord. 106, § 8, 1959) Council; M. To devote his or her entire working time,thought 2.28.090 Suspension-Removal-Resignation. and energy to the duties and interests of the City; A. The removal of the City Manager shall be only N. To receive and open all official mail and upon a majority vote of the City Council. communications addressed either to the Mayor or to the City B. The City Manager may resign from his or her Council; position upon at least four weeks' notice in writing given to O. To make reports and initiate recommendations as the City Council. (Ord. 2093, 2012; Ord. 1697, (part), may be desirable or as requested by the City Council; 1995; Ord. 106, § 9, 1959) P. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance, resolution or other action of the City Council. (Ord. 2097, 2012; Ord. 1697, (part), 1995; Ord. 705, § 1, 1975; Ord. 106, §4, 1959) 2.28.050 Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. The City Manager shall take his or her instructions from the City Council only when given at a duly held meeting of the City Council, and no individual councilperson shall give any instructions to the City Manager. (Ord. 1697, (part), 1995; Ord. 106, § 5, 1959) 2.28.060 Attendance at Commission Meetings. The City Manager may attend any and all meetings of any commission or board heretofore or hereafter created by the City Council,upon his own volition or upon direction of the City Council. At any such meetings at which the City Manager attends, he or she shall inform the members as to the status of any matter being considered by the City Council. He or she shall cooperate fully with the members of all commissions, board or committees appointed by the City Council. (Ord. 1697, (part), 1995; Ord. 106, § 6, 1959) [Chapter 2.30 begins on Page 27] 2.28.070 Temporary Absence. In the event of the temporary absence or disability of the City Manager, the City Council may designate some duly qualified person to perform the duties of City Manager during the period of his or her absence or disability. (Ord. 1697, (part), 1995; Ord. 106, § 7, 1959) 2012 S-35 32A Landscaping Ordinance 14.15.050 D. Soil, conditioning, and mulching: Soil, conditioning, and mulching requirements for all landscape projects are outlined in Table 14.15.050(D). Table 14.15.050(D) Type of soil amendment Requirements Topsoil Minimum eight(8) inches, non-compacted topsoil shall be available for water absorption and root growth in planted areas. Minimum may be waived where a landscaped professional determines that practical limitations (e.g., slope and other geotechnical factors), necessitate a lesser soil depth that is viable for the chosen plant materials Other amendments Compost, fertilizer or other materials, shall be added according to the soil conditions at the project site and based on what is appropriate for the chosen plant materials. Mulch Minimum two (2) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas. Not needed in areas of direct seeding application(e.g. hydro-seed) Stabilizing mulching products Required for use or slopes. E. Water Features: A. All special landscape areas shall be identified and 1. Recirculating water systems shall be used for all their water use included in the water budget calculations. water features. B. All other factors are as defined in Sections 2. Water features are limited to 10% of the 14.15.030 and 14.15.060. landscaped area unless a water budget is prepared. C. Maximum applied water allowance shall be 3. All pools and spas shall have covers. calculated for each project using the formulae outlined in 4. If water budget is prepared or required,use Table Table 14.15.060: MAWA Calculation. 14.15.050(E) for MAWA calculations. Table 14.15.060: MAWA Calculation Table 14.15.050(E): Water Features 1. For existing MAWA= (ETo) (0.62) % of landscape area Water usage for landscapes > 1 acre that (LA) (0.8) MAWA calculation have dedicated irrigation meters Water features (including pools Medium and spas) s 10% 2. For all new and MAWA = (ETo) (0.62) rehabilitated landscapes [(0.7 x LA) + (0.3 x Water features (including pools High SLA)] and spas) > 10% (Ord. 2058, (part), 2010) Where: MAWA = Maximum Applied Water Allowance (gallons per year) 14.15.060 Water Budget Calculation. ETo =Reference Evapotranspiration(inches per year) Project applicant may elect to submit a water budget 0.62 = Conversion Factor(acre-inches to gallons) calculation for the landscape project. A water budget must LA = Landscape Area(square feet) be completed by a certified professional who is authorized 0.7/0.8 =Reference Evapotranspiration Adjustment by the State of California to complete a water budget. Factor(ETAF) Water budget calculations shall adhere to the following 0.3 = Additional Water Allowance for SLA requirements: SLA = Special Landscape Area(square feet) 2010 S-25 14.15.060 Cupertino -Streets, Sidewalks and Landscaping 32B All other factors as defined in Section 14.15.030 have been installed as specified in the landscape and above. irrigation design plan and complies with the criteria of the D. Estimated total water use (ETWU) shall be ordinance and the permit." calculated for each hydrozone using the equation below. C. Landscape Maintenance Agreement: The sum of the ETWU calculated for all hydrozones shall 1. Prior to final inspections and final occupancy,the not exceed the MAWA calculated using the formula above. owner(s) of the property shall enter into a formal written ETWU = (ETo)(0.62) (PF * HA + SLA ) landscape maintenance agreement with the City. The City IE shall record this agreement, against the property or Where: properties involved, with the County of Santa Clara ETWU = Estimated Total Water Use per year Recorder's Office and it shall be binding on all subsequent (gallons) owners of land served by the proposed landscape. ETo = Reference Evapotranspiration(inches) 2. The landscape maintenance agreement shall 0.62 = Conversion Factor require that the installed landscape not be modified and that PF = Plant Factor from WUCOLS maintenance activities not alter the level of water efficiency HA = Hydrozone Area (square feet) of the landscape from its original design,unless approved by IE = Irrigation Efficiency (minimum 0.70) the City prior to the commencement of the proposed SLA = Special Landscape Area (square feet) (Ord. modification or maintenance activity. (Ord. 2058 (part), 2058 (part), 2010) 2010) 14.15.070 Soil Analysis. 14.15.090 Landscape and Irrigation Maintenance. The Director of Community Development or his/her Landscapes shall be maintained to ensure successful designee shall have discretion to require soil analysis as a establishment following installation,and to ensure water use condition of approval for any development permits, grading efficiency consistent with this chapter. A maintenance permit, or any type of discretionary permit, where a schedule shall be established and submitted to the Director landscape project submittal is required. of Community Development or his/her designee,either with A soil analysis report shall document the various the landscape application package, with the landscape characteristics of the soil(e.g. texture, infiltration rate,pH, installation report, or any time before the landscape soluble salt content, percent organic matter, etc), and installation report is submitted. provide recommendations for amendments as appropriate to A. Schedules should take into account water optimize the productivity and water-efficiency of the soil. requirements for the plant establishment period and water The soil analysis report shall be made available to the requirements for established landscapes. professionals preparing the landscape and irrigation design B. Maintenance shall include, but not be limited to plans in a timely manner either before or during the design the following: routine inspection; pressure testing, process. A copy of the soils analysis report shall be adjustment and repair of the irrigation system; aerating and submitted to the Director of Community Development as de-thatching turf areas; replenishing mulch; fertilizing; part of the landscape documentation package. (Ord. 2058 pruning; replanting of failed plants; weeding; pest control; (part), 2010) and removing obstructions to emission devices. C. Failed plants shall be replaced with the same or 14.15.080 Landscape Installation Report. functionally equivalent plants that may be size-adjusted as Landscape installation audit for new or rehabilitated appropriate for the stage of growth of the overall landscapes shall be conducted by a certified landscape installation. Failing plants shall either be replaced, or be professional after the landscaping and irrigation system have revived through appropriate adjustments in water,nutrients, been installed. The findings of the assessment shall be pest control or other factors as recommended by a consolidated into a landscape installation report. landscaping professional. (Ord. 2058 (part), 2010) A. The landscape installation report shall include,but is not limited to: inspection to confirm that the landscaping 14.15.100 Audit of Existing Landscapes Larger and irrigation system are installed as specified in the Than One Acre. landscape and irrigation design plan,system tune-up,system The Director of Public Works may require audits to test with distribution uniformity, reporting overspray or run evaluate water use on existing landscapes larger than one off that causes overland flow, and preparation of an acre (installed prior to January 1, 2010). The City shall irrigation schedule. adopt reasonable rules and regulations on the process for B. The landscape installation report shall include the determining what constitutes existing landscaping larger than following statement: "The landscape and irrigation system 2012 S-35 Repl. 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 19.28.070I; 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 19.28.070I; 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-35 Repl. 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 a:(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% 15% 21% 16.5% 2012 S-35 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 Habitable Third Floor (or Floor 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 First Floor Second Habitable Third Floor(or portions Floor of structures taller than 20 feet) 1. Front Yard - 17 feet 17 feet 2. Side Yard - 15 feet 15 feet 3. Rear Yard - 20 feet 20 feet 2012 S-35 111 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 12. Limited repair services, such as: P a. Jewelry, b. Household appliance, c. Typewriter and d. Business machine repair shops 13. Personal service establishments such as: P a. Barbershops, b. Beauty parlors, c. Massage establishments, d. Shoe repair shops, and e. Tailor shops 14. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming P with provisions of Chapter 19.100 of this title. 15. A maximum of four video game machines, provided these machines are incidental to the main P activity of the business 16. Specialty food stores which cumulatively comprise less than fifty percent of the retail space of a P single building or shopping center; 17. Pet shop and pet services facilities (buildings) and bathing, clipping, trimming and similar services for pets a. Uses in(17) above which are located in a sound-proof structure and are in compliance P with Santa Clara County Health Department regu:.ations b. Uses in(17) above which are not located in a sound-proof structure and are in compliance CUP- PC with Santa Clara County Health Department regulations 18. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar services for P pets; kennels; taxidermists; 19. CUP- PC a. Child care centers, b. Day nurseries, and c. Playgrounds 20. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs P a. When the uses in(20) 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(20) 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-35 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 21. 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 22. 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. 23. Commercial parking and parking garages CUP- PC 24. Convenience markets CUP- PC 25. Hotels, motels, and boardinghouses CUP- PC 26. Liquor stores CUP- PC 27. Drinking establishments CUP- PC 28. Theaters CUP- PC 29. Mortuaries; CUP- PC 30. Automobile service stations, automobile washing facilities; CUP- PC 31. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in CUP- PC operable condition 32. Automobile and Tire repair shops CUP- PC 33. 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. 34. 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; 35. 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; 36. 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-35 113 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 37. Warehouses; Ex 38. Lumberyards, Ex 39. Nurseries and greenhouses; Ex 40. 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-35 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 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 - - - - incidental to permitted uses and otherwise conforming with provisions of Chapter 19.100 of this title. 9. Animal clinics and hospitals, facilities for P bathing, clipping, trimming, and similar services for pets; kennels; taxidermists; 10. Gymnasium, Health Club - - - - P 11. Swim clubs, swim schools, and commercial - - - CUP- - swimming pools PC 12. Commercial parking and parking garages - - - P - 13. Commercial entertainment establishments - - - CUP- - operated wholly or partly in the open(e.g., PC drive-in theaters, golf driving ranges, and miniature golf courses), 14. Automobile service stations, automobile - - - CUP- - washing facilities; PC 15. Gasoline and diesel fuel pumps, whether - - - CUP- - utilized as a principal use or as an accessory PC use 16. 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 17. 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. 18. Medical and Allied Laboratories - P P - - 19. Laboratories 20. Warehouses; - - - P - 21. Enclosed Warehousing 2012 S-35 119 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. Wholesaler Showrooms - - - - P 23. Wholesale and storage activities within - - - P - completely enclosed buildings; 24. Wholesale and storage within completely - - - - P enclosed buildings, excluding petroleum products; 25. Cold Storage Facilities and Frozen Food - - - P P Lockers 26. Packing and crating establishments; - - - P - 27. Auction houses, used furniture sales, feed - - - P - sales; 28. Home, garden and farm equipment and - - - P - appliance sales and rentals; 29. Machinery sales and rentals, including heavy - - - P - construction equipment; 30. Repair and service shops for light machinery, - - - P - household appliances and apparel; 31. Light Machinery, Tools and Equipment Sales - - - P P and Services 32. Lumberyards, - - - P - 33. Building material sales, ice, coal and wood - - - P - sales, carpenter and cabinet shops; 34. Nurseries and greenhouses; - - - P - 35. Television, radio and motion picture studios - - - P P and stations; 36. Film Processing - - - - P 37. Commercial Photography - - - - P 38. Public utility facilities and service yards, and - - - P P associated buildings, communications and equipment buildings, corporation yards, contractors' and plumbers' shops, and storage yards; 39. Municipal and Governmental Facilities - - - - P 40. All uses permitted in a general commercial (CG) zone as provided in Chapter 19.60, provided that: 2012 S-35 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; 41. 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. 42. 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. 43. Retail sales of mixed concrete sold in batches - - - CUP- - not exceeding one cubic yard PC 44. Stone cutting, monument manufacture - - - CUP- - PC 45. Mortuaries - - - CUP- - PC 46. Heliports as accessory uses, - - - CUP- - PC 47. Manufacture of radioactive material, provided - - - CUP- that emissions do not exceed permissible levels PC established by Federal or State standards 48. 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-35 121 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 49. Existing churches approved by the City with a - - - - CUP- Conditional Use Permit, in existence prior to PC the adoption of Ordinance 11-2084 50. 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. 51. Bag cleaning, - - - Ex Ex 52. Blast furnace, - - - Ex Ex 53. Boiler or Tank Works - - - Ex Ex 54. Boiler or Tank Works - - - Ex Ex 55. Candle Factory - - - Ex Ex 56. Cannery - - - Ex Ex 57. Central Mixing Plant for Cement - - - Ex Ex 58. Mortar - - - Ex Ex 59. Plaster or Paving Materials - - - Ex Ex 60. Coke Oven - - - Ex Ex 61. Curing - - - Ex Ex 62. Tanning or Storage of Raw Hides or Skins - - - Ex Ex 63. Distillation of Bones, Coal or Wood - - - Ex Ex 64. Distillation of Tar - - - Ex Ex 65. Drilling for Oil, Gas or Other Hydrocarbon - - - Ex Ex Substances 66. Dumping, Disposal, Incineration or Reduction - - - Ex Ex of Garbage, Sewage, Offal, Dead Animals or Refuse 67. Fat Rendering - - - Ex Ex 2012 S-35 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 68. Forge plant - - - Ex Ex 69. Foundry or Metal Fabrication Plant - - - Ex Ex 70. Hog Farms - - - Ex Ex 71. Junk Yards - - - Ex Ex 72. Baling of Rags or Junk - - - Ex Ex 73. Pumping, Refining or Wholesale Storage of - - - Ex Ex Crude Petroleum 74. Slaughtering of Animals - - - Ex Ex 75. Smelting of Copper, Iron, Tin, Zinc or other - - - Ex Ex Ores 76. Steam Power Plant - - - Ex Ex 77. Stockyard - - - Ex Ex 78. Stone Mill or Quarry - - - Ex Ex 79. Sugar Refining - - - Ex Ex 80. Wool Pulling or Scouring - - - Ex Ex 81. 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-35 123 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 81. 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-35 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 81. 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 82. Schools (preschool, kindergarten through - - - Ex Ex grade 12(K-12)) 83. Specialized Schools - - - Ex Ex 84. General Acute Care Hospital (e.g., any - - - Ex Ex nursing facility, intermediate care facility, congregate living health facility) 85. Long-term health care facility - - - Ex Ex 86. Child Day Care Facility (including day care - - - Ex Ex centers, employer-sponsored child care centers, adult day care and family day care homes) 87. 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-35 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,conununity 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 zcne. 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 following conditions are met: - P - a. Section 19.76.030(2)(a)-(e); and b. Occupancy is limited to six months or less. 2012 S-35 Repl. 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 19.104.010 CHAPTER 19.104: SIGNS Section 19.104.010 Purpose and intent. 19.104.300 Enforcement of provisions. 19.104.020 Applicability of regulations. 19.104.310 Nonconforming signs. 19.104.030 Permit required. 19.104.320 Abandoned or discontinued signs. 19.104.040 Sign permit application 19.104.330 Illegal signs on private property. requirements. 19.104.340 Illegal signs in public right-of-way or 19.104.050 Sign permit application-Review on public property. criteria. 19.104.350 Summary removal authorized. 19.104.060 Inspection requirements. 19.104.360 Illegal signs-Responsible party for 19.104.070 Appeals. costs and fees-Storage, reclamation 19.104.080 Obstructions prohibited. and disposal of removed signs. 19.104.090 Construction and maintenance 19.104.370 Illegal signs-Deemed public specifications. nuisance-Court action authorized. 19.104.100 Signs exempt from permit 19.104.380 Violation deemed infraction-Penalty. requirements. Appendix A: Example of How to Figure Size and 19.104.110 Prohibited signs. Location of Ground Signs. 19.104.120 Signs in special planning districts. Appendix B: Landmark Signs. 19.104.130 Sign program-Applicability, Appendix C: Examples of Well Proportioned requirements and findings. Signs; Examples of Signs Not Well 19.104.140 Permanent wall signs. Proportioned. 19.104.150 Permanent window signs, blade signs &logos, symbols or insignias. 19.104.160 Ground signs. 19.104.010 Purpose and Intent. 19.104.170 Gasoline station signs. A. The purpose of the sign ordinance is to identify 19.104.180 Electronic readerboard signs, and enhance businesses while maintaining the aesthetic changeable copy signs, exposed& appearance of the City. visible neon signs, decorative B. A good sign program will provide information to statuary and beverage container the public concerning a particular business or use and will recycling signs. serve the visual and aesthetic desires of the community. 19.104.190 Signs in and near residential C. The City has adopted this title with the intent to: districts. 1. Provide architectural and aesthetic harmony of 19.104.200 Freeway orientation. signs as they relate to building design and surrounding 19.104.210 Landmark signs. landscaping; 19.104.220 Design criteria-Permanent signs. 2. Provide regulations of sign dimensions and 19.104.230 Illumination restrictions. quantity which will allow for good visibility for the public 19.104.240 Temporary signs-Location. and the needs of the business while providing for the safety 19.104.250 Temporary signs-Flags, garage of the public by minimizing distraction to the motorist and sales, political signs and subdivision pedestrian; signs. 3. Provide for sign regulations that will be 19.104.260 Temporary signs-Real estate signs compatible with the building, siting, and the land uses the and project announcement signs. signs are intended to identify; 19.104.270 Temporary signs-Special event 4. Provide for maintenance of existing signs and a banners, promotional devices, and program for bringing nonconforming signs into conformance portable signs and displays. with the standards of this title as changes are made to the 19.104.280 Temporary window signs. signs or businesses; 19.104.290 Exception-Findings. 2012 S-35 161 19.104.010 Cupertino-Zoning 162 5. Provide procedures which will facilitate the 19.104.080 Obstructions Prohibited. efficient processing of sign applications; and No sign or other advertising structure shall be erected, 6. Provide design criteria which will promote relocated or maintained so as to prevent free ingress to or attractive and effective signs for Cupertino residents, egress from any door, window, fire escape, driveway, businesses, employees and visitors. sidewalk or bike path. (Ord. 2085, §2(part), 2011; Ord. 1987, (part),2006; Ord. (Ord. 2085, § 2(part), 2011) 1624, (part), 1993) 19.104.090 Construction and Maintenance 19.104.020 Applicability of Regulations. Specifications. It is unlawful for a sign to be placed, erected, moved, A. All signs shall conform to the building and wind reconstructed or altered unless made to comply with the load requirements of the Uniform Building Code and provisions of this title. Uniform Electrical Code as adopted in Title 16 of the (Ord. 2085, § 2(part), 2011) Cupertino Municipal Code. B. All signs with internal illumination shall be 19.104.030 Permit Required. constructed of noncombustible materials, be approved by All signs which are not exempted by Section Underwriters Laboratory(UL), U.S. Bureau of Standards, 19.104.100 require a sign permit to be approved by the or other similar institution of recognized standing, and be Director. The Director shall review and approve, approve maintained in satisfactory condition or be immediately with conditions or deny the application within thirty calendar repaired or replaced. days from receiving an application for a sign. C. All electrical, gas or other utility service and (Ord. 2085, § 2 (part), 2011) other pertinent fixtures shall be placed underground. D. Guy wires or cable supports used to brace the 19.104.040 Sign Permit Application Requirements. sign shall not be visible to the observer. An application for sign approval shall, in addition to E. No sign shall be suspended by chains or other information required in Chapter 19.12, contain information devices that will allow the sign to swing due to wind causing regarding the size,color and samples, illumination intensity wear on supporting members. and type,materials,number, location,type of signs,and the F. All signs shall be maintained in safe, unbroken, location of the business on the site. and structurally sound manner, including the replacement or (Ord. 2085, § 2(part), 2011) repair of any defective parts, painting, cleaning and any other work necessary to maintain the sign and any landscape 19.104.050 Sign Permit Application—Review planter associated with the sign. Criteria. (Ord. 2085, § 2 (part), 2011) The Approval Body shall review the sign application to ensure that the following criteria are met: 19.104.100 Signs Exempt from Permit A. The proposed sign meets the requirements of this Requirements. title or any special conditions imposed in the development. The following signs do not require a permit from the B. The proposed sign's color and illumination is not City, providing they comply with the following regulations: in conflict with the safe flow of traffic on the City streets. A. Directory Signs. Directories located within the C. The sign is in conformance with the Design interior of a project which are not oriented to a public street; Criteria in Section 19.104.220. B. Garage Sale Signs. Garage sale signs subject to (Ord. 2085, § 2 (part), 2011) the limitations in Section 19.104.250 and Chapter 5.16 of this code; 19.104.060 Inspection Requirements. C. Governmental Signs. Governmental signs for The Building Inspector or Planner shall have the control of traffic and other regulatory purposes,street signs, authority to review the light intensity of all illuminated signs danger signs, railroad crossing signs, and signs of public with the power to require reduction of the light intensity to service companies indicating danger and aids to service or ensure that the sign's illumination does not exceed the safety; illumination standards as regulated by Section 19.104.230. D. Identification Signs. Identification signs for a (Ord. 2085, § 2 (part), 2011) business or profession which are not illuminated, and which are less than two square feet in area, located on portions of 19.104.070 Appeals. a building, shopping mall or office complex; A decision by the Approval Body regarding the E. Information Signs. Informational or directional approval or revocation of a sign permit or removal of a sign signs which are located entirely on the property to which may be appealed pursuant to Chapter 19.12. they pertain and are less than four square feet in area. No (Ord. 2085, § 2(part), 2011) 2012 S-35 163 Signs 19.104.100 more than thirty-three percent of the sign area of each sign D. Off-site Signs. Any off-site sign except as may can be devoted toward business identification of the business be permitted in Section 19.104.240, 19.104.250 & located on the property; 19.104.260; F. Political Signs. Political signs subject to the E. Portable Signs. Portable signs except as may be limitations in Section 19.104.250; permitted in Section 19.104.270; G. Public Notices. Public notices or posters as F. Roof Signs. Any permanent roof sign; legally required by a government agency; G. Traffic Conflict Signs. Signs which because of H. Residential Real Estate Signs. Real estate for color,wording,design,location or illumination resemble or sale/for lease/for rent signs, subject to the limitations in conflict with any traffic-control device or with the safe and Section 19.104.260; efficient flow of traffic; I. Non-residential Real Estate Signs. H. Vehicle Signs. The parking of any vehicle or Non-residential real estate for sale/for lease/for rent signs trailer, on either public or private property which is visible subject to the limitations in Section 19.104.260; from a public right-of-way, which has affixed to it a sign J. Street Address Numbers. Address numbers in all which is intended to attract or direct customers to a business districts, providing they are not meant as an advertising on or near the property is prohibited. This subsection is not mechanism; intended to apply to standard advertising or identification K. Logos, Symbols or Insignias. Logos,symbols or practices where such advertising displays are painted on or insignias, commemorative plaques of recognition and permanently attached to a business or commercial vehicle identification emblems of religious orders or historical which is actively being used by the business unless the agencies, provided that such signs are placed on or cut into vehicle is in violation of the parking ordinance (Chapter the structure are not internally illuminated, and do not 19.124 of the Cupertino Municipal Code). exceed nine square feet in area; (Ord. 2085, § 2 (part), 2011) L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and 19.104.290. One 19.104.120 Signs in Special Planning Districts. "OPEN" sign not exceeding two square feet and of any Any business regulated by the Monta Vista Design material may be placed in a window without penalty towards Guidelines, Heart of the City Specific Plan or any area window coverage limitations; regulated by a specific plan shall be subject to the sign M. Bus Shelter Signs. Signs installed in Santa Clara regulations contained within those plans. For all sign County Transit Agency bus shelters; regulations not addressed in the Special Planning District N. Civic Event Signs. Civic and/or City-sponsored plans, the requirements of this chapter will apply. events signs on City property; (Ord. 2085, § 2(part), 2011) O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including State lottery and 19.104.130 Sign Program—Applicability, certified smog station signs; Requirements and Findings. P. Pedestrian Oriented Blade Signs. Blade signs that A. Applicability. are not internally illuminated. Such signs shall be less than 1. All developments in a commercial, office, six and one-half square feet in area and installed at a height industrial, institutional, or residential district, with four or between eight feet and twelve feet above pedestrian more tenant spaces on the same parcel, shall adopt a walkways. comprehensive sign program to encourage creativity and (Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011) ensure high quality in the design and display of multiple permanent signs. 19.104.110 Prohibited Signs. 2. The adoption of a sign program shall be required The following signs are not permitted in the City: at the time of the initial construction of a new project. A. Advertising Statuary; Existing developments in the City which do not have a B. Animated Signs. Animated signs except for comprehensive sign program shall be required to adopt one banners, flags, pennants and balloons permitted on a when the first tenant in the project requests a change of face temporary basis as regulated in Section 19.104.260, and as defined in this title. Thereafter, all subsequent changes electronic readerboard signs as permitted in Section of face in the project shall be required to conform to the 19.104.180; adopted program. C. Audible Signs. Advertising displays which emit B. Application requirements. On any commercial, audible sound, odor or visible matter; office or industrial site, or building requiring a sign 2012 S-35 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-31 173 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. Unless otherwise provided for in this chapter, it incorporated into the design of signs. is unlawful for any person to, place, paint, mark, or write A. Ground signs shall be either housed in a frame or on,post, attach or otherwise affix, any temporary sign to or set onto a base, presenting a solid, attractive, well upon any public property, including but not limited to: proportioned and balanced appearance. The size and shape • sidewalk, crosswalk, curb, curbstone, fence, of the frame or base shall be proportionate to the size and wall, weight of the sign. Low signs are generally more • public playground equipment and/or facilities, appropriate on a base, whereas taller signs are generally • street lamp post, hydrant, tree, shrub, tree stake more appropriate in a frame. (See Appendix C, Examples or guard, of Well Proportioned Signs, Examples of Signs Not Well • railroad bridge or crossing, Proportioned, on file in the City Clerk and the Planning • pole for electric light or power or telephone or Department, for examples.) telegraph (or other communication service) or upon any B. Ground signs shall be located within a landscaped fixture of the fire alarm or police telegraph system or upon area proportionate to the size of the sign. Appropriate a lighting system, landscaping should be placed at the base of the sign. • public bridge, C. All signs shall be architecturally compatible and • drinking fountain, in harmony with the building with which it is principally • street sign, traffic sign, associated,by incorporating its colors,materials, shape and • traffic control pole or cabinet, design. The sign shall also be compatible with the aesthetic • utility transformer vaults, or character of the surrounding developments and • Any other building, structure or device neighborhood. permanently affixed on public property. D. Background panels for multi-tenant ground signs B. It is unlawful for any person to place, post or should be harmonious in muted colors. otherwise affix, any temporary sign, in the public E. Sign copy shall be simple and concise, without right-of-way,except as provided in this chapter. The public excessive description of services or products. right-of-way generally includes the median, street, gutter, F. Internally illuminated signs shall not have a curb, sidewalk and landscaped strip on public property. directly visible light source. C. Unless otherwise provided for in this chapter, all G. The sign's color and illumination shall not temporary signs shall comply with the following: produce distraction to motorists or nearby residents. (Ord. 2085, § 2 (part), 2011) [Table begins on next page.] 19.104.230 Illumination Restrictions. 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-35 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. All signs • Shall not be located on the street or on • Two sides side may only street medians. maximum be • May only be located in the public right-of- • Shall not be displayed way of residential or institutional districts. illuminated. between For Political Signs see Section • Shall not sunrise 19.104.250(C). restrict in any and 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. Unless otherwise specified in this chapter, 19.104.260 Temporary Signs—Real Estate Signs and persons who place temporary signs: Project Announcement Signs. 1. On private property shall obtain the oral or Table 19.104.260 sets forth the rules, regulations and written consent of the owner or person entitled to possession processing applicable to Temporary Signs-Residential Real of that property and Estate, Non-residential Real Estate Signs and Project 2. In public rights-of-way are encouraged to notify Announcement Signs. and seek concurrence of adjacent property owner(s) and (Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011) resident(s) before placing temporary signs. For Political Signs see Section 19.104.250(C) [Tables begin on next page.] E. The provisions of Section 19.104.240(B), (C), and(D) shall not be applicable to the following: 1. The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara 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. 2098, (part), 2012; 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. 2098, (part), 2012; Ord. 2085, § 2(part), 2011) 2012 S-35 O CJ N CA Table 19.104.250: Temporary Signs-Flags,Garage Sales, Political Signs and Subdivision Signs Use/Zoning Number Size Time Period Information Review Criteria Contained Maximum Maximum Area Height A. Flags Commercial Number N/A No more •Two weeks for N/A •In conjunction with a grand opening or subject to than 20 ft. each special event special promotional activity. approval above by CDD ground •Shall be removed •Comply with requirements for Special within 5 days after Event Banners, Promotional Devices, special event Portable Signs and Displays Residential Two flag 4 s.f. Same as One year N/A N/A poles for No more above each model than 2 home of a sides new rn develop ment B. Garage Residential One on-site 8 s.f. 6 ft Length of sale N/A •Must be a bonafide garage sale activity as Sales Three off- defined in Chapter 5.16 of the Municipal site Code •Off-site signage subject to Section 19.104.240 C. Political All No limit 4 s.f. N/A *Until 5 days after N/A •No permit required. Signs No more election. than 2 *Subject to requirements of Section sides 19.104.240 *Within the public right-of-way—only allowed in the park strip in residential areas with authorization from the immediately adjacent property owner or resident V7 o_ N �p U, H. 0 Table 19.104.250:Temporary Signs-Flags,Garage Sales,Political Signs and Subdivision Signs(Cont.) to Use/Zoning Number Size Time Period Information Review Criteria Contained Maximum Maximum Area Height D. Non- Three 32 s.f. per 6 ft. *One year or until Direct •Shall comply with requirements of Section Subdivision residential face all units are sold, customers 19.104.240 and permit issued by CDD. Signs whichever occurs along the most first direct route *Application shall include a list of all other through the such signs including sign area and street •Extensions may city location. be granted. *Limited to subdivisions located in Cupertino. •Two sign faces maximum. ., •"V" shaped signs prohibited. CDD = Community Development Director; S.f. = square feet; ft. = feet 0\ o t/] w Table 19.104.260: Temporary Signs-Residential Real Estate,Non-residential Real Estate and Project Announcement Signs Number Size Time Period Information Review Criteria Contained Maximum Maximum Area Height A. Residential •One freestanding sign 4 s.f. 6 ft. Length of sale N/A •Subject to requirements of Section Real Estate per street frontage. Two 19.104.240 signs maximum. *One building mounted 4 s.f. N/A See above N/A N/A banner-in lieu of one freestanding sign. •One offsite for sale/rent 4 s.f. N/A Between sunrise N/A •Subject to requirements of Section sign and sunset 19.104.240&on-site signage •Six offsite open house N/A N/A Between sunrise N/A •Subject to requirements of Section signs and sunset 19.104.240 cn rio B.Non- •one freestanding sign 32 s.f. per o fr. oLCUgiit or sale aivantc of reai 6i�U IIIUIC iirau MO I4LCS. V" signs = residential real per street frontage face. or time to estate agent or prohibited. May not reasonably obstruct rn estate lease/rent. owner, address, visibility of any permanent ground sign. phone number and •May be other pertinent installed up to information thirty days prior to any tenant vacancy •One building mounted 32 s.f. per Same as Same as Same as •Allowed only if no freestanding sign banner per elevation face freestanding freestanding sign freestanding sign placed along that street frontage. facing an adjacent public sign Location shall comply with requirements street. of Section 19.104.140. •One offsite sign per 32 s.f. per Same as Same as Same as •On private property with approval and street frontage face. freestanding freestanding sign freestanding sign consent of property owner on whose ,,i *Maximum of two signs sign property sign is to be located. Subject to c per off-site parcel. requirements of Section 19.104.240 Fr 0 A N CZN O N N Table 19.104.260 Temporary Signs-Residential Real Estate,Non-residential Real Estate and Project Announcement Signs(Cont.) Type Number Size Time Period Information Contained Review Criteria Maximum Maximum Area Height C. Project •Two freestanding signs Combined 6 ft. •One year or Names of project and •New projects under construction, Announcement or banners maximum area:64 s.f. until all units are owner,address, including subdivisions of 5 or more Sign sold, whichever telephone number units. occurs first contact information, leasing/sale •Permit issued by CDD. ti •Extensions may information,dates of a be granted anticipated completion •Subject to requirements of Section and a list of contractors 19.104.240 involved. CDD = Community Development Director; S.f. =square feet; ft. = feet oo oo 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 which display of the device shall be subject to the tenant schedule conform to the provisions of this chapter, are permitted in for shopping centers as provided in Subsection all commercial, industrial, office and institutional zoning 19.104.270(E). districts, subject to the issuance of a permit by the Director. 7. Subject to the approval of the Director and the B. Public objectives. Public Works Department, a promotional device may be 1. Enhance pedestrian experience, activity and located within the public right of way based upon the degree convenience. of impact the device will have on traffic circulation as well 2. Maintain the economic stability of the City by as upon the environment of the surrounding uses. enhancing vitality of business. 8. Subject to the approval of the Director and the 3. Provide attractive, effective and visible Public Works Department, traffic/parking directional signs identification reflecting the individual character of the may be used in conjunction with a promotional device business. during the period of the special event or grand opening. The C. Special event banners. The Director may issue a number and placement of traffic/parking directional signs permit for a Special Event Banner for each business within may be restricted by the Director or the Public Works the commercial, industrial, office and institutional zoning Department in order to insure adequate sight distances and districts under the following provisions: traffic safety clearance are maintained as required in Section 1. The banner shall only be displayed for a 19.104.240. maximum of one hundred twenty days within a three E. Tenant schedule: Shopping centers with approved hundred sixty-day period. electronic readerboard signs shall only be allowed building 2. The banner shall be building mounted and have mounted banners. Freestanding temporary or special event only one face not exceeding one hundred square feet in area. signs for individual tenants are not allowed. Special event 3. The banner shall be placed on a building in signs for center-wide special events are allowed in accordance with the limitations specified in Section accordance with the following schedule: 19.104.140 of this title related to building clearance and rootline levels. Number of Tenants Number of Signs Permitted 4. Unless otherwise determined by the Director,the display of the banner shall be subject to the tenant schedule 20 to 27 tenants --2 center displays for shopping centers as provided in Subsection 19.104.270(E) 28 tenants or more --4 center displays D. Promotional devices. In addition to special event banners described in subsection C. above, the Director may F. Portable signs and displays. In addition to special issue a permit for a promotional device for each business event banners and promotional devices described in within the commercial, industrial, office and institutional subsections C. and D. above, the Director may issue a zoning districts under the following provisions: permit for a portable sign or display for each business 1. For advertising a special event for an existing location within the above described zoning districts under business, promotional devices may be displayed for a the following provisions: maximum three-day period, four times within a calendar 1. Portable signs and displays may not be located in year. areas, either on public or private property, which are used 2. For conducting a grand opening of a new by the public for vehicular or pedestrian traffic or in other business, promotional devices (other than search lights, hot areas, which in the opinion of the Director, are a threat to air balloons or other extremely large devices as determined the public health, safety or welfare. by the Director)may be displayed during the first year of a 2. Portable signs and displays shall not be new business's operations for the sole purpose of permanently attached to the ground or a structure on the announcing the grand opening of that business. premises it is intended to occupy and shall only be displayed 3. The device shall not displace parking or be during business hours. located in a landscaped front set back area. 3. Design review criteria. Portable signs and 4. The device shall be compatible with adjoining displays shall be appropriately designed, installed and uses, particularly residential uses. maintained with special emphasis on the creative design, character and quality of color and material (vibrant and 2012 S-35 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 five day period to be removed. Minimum height 3 ft (Ord. 2098, (part), 2012; 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 parking 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 subsection remove or cause to be removed any sign or other advertising F.4. 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-35 181 Signs 19.104.310 19.104.310 Nonconforming Signs. sign approval. Failure to take the required action shall A. Any nonconforming sign,except Landmark Signs result in a criminal or civil sanction as provided by State law identified in Section 19.104.210,unless made to conform to or any legal sanction or remedy set forth in this Code. the provisions of this title, may not be structurally altered, B. If the Director or his or her designee finds that expanded,moved, modified in any way, or be reestablished any temporary sign is in violation of this title or any other after pertinent ordinance of the City, the Director or his or her I. Discontinuance for one hundred eighty days or designee shall notify the owner of, or tenant using,the sign, more; or in person or writing, that the sign shall be immediately 2. Damage or destruction by intentional acts of the removed. owner and/or tenant of the property of more than fifty C. Illegal political signs may be removed, if, after a percent of the sign. two business day verbal notice to the candidate or officially B. Any nonconforming sign which was legally recognized/ designated entity for any public or private erected in accordance with the provisions of the ordinance political campaign, the violation has not been corrected. in effect at the time of erection, or which has a valid permit (Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011) from the City, shall be permitted to remain until such time as 19.104.340 Illegal Signs in Public Right-of-Way or 1. There is a change in the use of the property that on Public Property. the sign is located on; or A. Any illegal signs in the public right-of-way or on 2. There are alterations or enlargements to the site public property may be removed immediately by the City. or building on the property in excess of twenty-five percent B. No notice shall be required prior to removal of or more of the existing site or building. The amount of illegal signs, including, temporary signs in the public alterations shall be cumulative over time. right-of-way or on public property, except for political 3. At such time as any of the events mentioned in signs. subsections A and B occur, the sign must be brought into C. Any political sign placed in a park strip within the conformance with this title. Any business with a public right-of-way in residential zones,without the consent nonconforming sign, other than a Landmark Sign as of the adjacent property owner or resident,may be removed identified in Section 19.104.210, shall not be entitled to an and discarded by that adjacent property owner or resident. additional sign unless the nonconforming sign is made to D. Illegal political signs may be removed pursuant to comply with the provisions of this title. Section 19.104.330(C). (Ord. 2085, § 2(part), 2011) E. Any sign removed by the City,except any sign of de minimus value, shall be held in storage in accord with 19.104.320 Abandoned or Discontinued Signs. Section 19.104.360. For purposes of this chapter, a sign of Any sign which pertains to a business or occupation de minimus value means any sign, made of cardboard or which is no longer using the particular sign or property, or other nondurable material. Political signs shall not be which relates to a time which no longer applies, is treated as signs of de minimus value. prohibited and shall be removed. The structure and copy (Ord. 2098, (part), 2012; Ord. 2085, § 2(part), 2011) shall be blanked out or removed within thirty days after the associated business, occupation or event has vacated the 19.104.350 Summary Removal Authorized. premises. An abandoned sign is prohibited and the removal A. If the Director or his or her designee finds that shall be the responsibility of the owner of the sign or the any sign or other advertising structure, whether conforming owner of the premises. with the provisions of this title or any other pertinent (Ord. 2085, § 2 (part), 2011) ordinance of the City or not, is an immediate peril or menace to the public, to any person, or to pedestrian or 19.104.330 Illegal Signs on Private Property. vehicular traffic, the Director or his or her designee shall A. If the Director or his or her designee finds that cause it to be summarily removed. any sign or other advertising structure has been constructed, B. Upon removal,the Director or his or her designee erected, altered, relocated or maintained in violation of any shall hold the sign in storage in accord with Section of the provisions of this title or any other pertinent ordinance 19.104.360 and give written notice to the owner. of the City, the Director or his or her designee shall inform (Ord. 2098, (part), 2012; 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 calendar days of receipt of the notice, or an application must be made to the Director for 2012 S-35 19.104.360 Cupertino-Zoning 182 19.104.360 Illegal Signs-Responsible Party for Costs and Fees-Storage, Reclamation and Disposal of Removed Signs. A. Any cost incurred by or fees imposed by the City in the removal, alteration, relocation, or demolition of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid by the responsible party.For purposes of this chapter, "responsible party" means the owner, business entity or person having beneficial enjoyment of the sign and, in the case of a political sign, the political candidate and/or officially recognized/designated entity responsible for any public or private political campaign. B. Any sign of de minimus value removed by the Director or his or her designee shall be deemed to be abandoned and may be destroyed by the City after removal. No opportunity to reclaim such sign shall be given by the City. C. Any sign removed by the Director or his or her designee, other than a sign of de minimus value, shall be stored in the City Corporation Yard. D. The responsible party for any removed sign,other than a sign of de minimus value, if known, shall be given written notice to reclaim the sign within twenty calendar days from the date of the notice, provided that any cost incurred or fees imposed by the City has been paid, and, if continued display of the sign is desired, a renewal of the permit for the sign is secured, if required by this Code. E. Any sign that remains unclaimed shall be deemed to be abandoned. The City may dispose of the sign. (Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011) 19.104.370 Illegal Signs-Deemed Public Nuisance-Court Action Authorized. In the event any person erects, alters, relocates or maintains 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. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011) 19.104.380 Violation Deemed Infraction-Penalty. Any person, firm, entity, 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 1.10 and/or Chapter 1.12 of this Municipal Code. (Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011) 2012 S-35 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 Lot; < 10,000 s.f Lots z 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 19.112.040. C. Direct Outside Access Must be provided without going through the principal dwelling. D. Screening from a public street All access to second 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-35 Repl. 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 41 Comprehensive Ordinance List Ord. No. Ord. No. 2078 Amending 11.20.030 regarding required 2088 Stormwater pollution prevention and stops at certain intersections (11.20) watershed protection-Amends entirety 2079 Amending Single-Family Residential of Ch. 9.18, repeals former sections (R1) Zones (19.28) (Repealed by Ord. 9.18.050, 9.18.130, 9.18.140, adds 2085) new sections 9.18.015, 9.18.115, 2080 Electing and implementing participation 9.18.130, 9.18.195 (9.18) in the voluntary alternative development 2089 Amending Chapter 3.12.030 increasing program(Not codified) the transient occupancy tax rate (3.12) 2081 Amends 2.08.080 and 2.080.090 2090 Rezoning certain land(Not codified) regarding City Council rules and 2091 Amending 11.08.250 relating to conduct of meetings (2.08) bicycle lanes (11.08) 2082 Amends 11.20.020 regarding vehicular 2092 Amends Ch. 14.12, trees(14.12) stops at certain intersections (11.20) 2093 Amends 2.28.090; deletes 2.28.020, 2083 Amends 19.60.010, 19.60.080, City Manager(2.28) 19.60.090, 19.60.100 related to the 2094 Amends 6.24.020 and 6.24.300; adds streamlining and codification of ML-rc 6.24.035 regarding garbage and (19.60(Repealed by Ord. 2085)) recycling collection and disposal (6.24) 2084 Rezoning certain land (Not codified) 2095 Amends Ch. 9.06, massage 2085 Amends Ch. 2.90; adds Ch. 9.16; establishments and services (9.06) amends Ch. 14.18; amends 2096 Amends 2.18.110, City Attorney § 16.08.200; amends Title 18, Ch. (2.18) 18.04, 18.08, 18.12, 18.16, 18.20, 2097 Amends 2.28.040 regarding City 18.24, 18.28, 18.32, 18.36, 18.40, Manager powers and duties (2.28) 18.44, 18.48, 18.52, 18.56; amends 2098 Amends Ch. 19.104, signs, regarding Title 19, Ch. 19.04, 19.08, 19.12, placement of temporary political signs 19.16, 19.20, 19.24, 19.28, 19.32, (19.104) 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) 2086 Amending the zoning map(Not codified) 2087 Amending the Heart of the City Specific Plan(Not codified) 2012 S-35 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 --S - Intermittent brace wall panel construction methods 16.06.100 SAFETY ASSESSMENT PLACARDS Materials and construction methods for Application of provisions 16.80.020 exterior wildfire exposure 16.06.060 Definitions 16.80.030 Roof covering classification 16.06.080 Intent 16.80.010 Seismic reinforcing 16.06.090 Placards 16.80.040 RESOLUTION SALE OF SURPLUS SUPPLIES, EQUIPMENT See also ORDINANCE See EQUIPMENT, SURPLUS, SALE 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-35 25 Index SALES AND USE TAX Installation, construction, alteration inspections Administration, state contract 3.08.050 15.20.110 Collection, enjoining prohibited 3.08.160 state contractor's license required 15.20.090 Exemptions, exclusions 3.08.120 Liability disclaimer 15.20.160 Operative date 3.08.030 New construction, permit required 15.20.060 Purpose 3.08.040 Nuisance declarations 15.20.120 Rate 3.08.020 Permit required Sales alterations 15.20.070 place, consummation 3.08.070 new construction 15.20.060 tax, imposed 3.08.060 septic tanks 15.20.080 Short title 3.08.010 Private system requirements 15.20.040 State code Purpose of provisions 15.20.010 additional permits not required 3.08.110 Sanitary sewer, public, required, exceptions amendments, chapter applicability 3.08.150 15.20.030 limitations 3.08.100 Septic tank requirements 15.20.080 provisions adopted 3.08.090 Soil tests 15.20.050 Use tax, imposed 3.08.080 State contractor's license required when 15.20.090 Violation, penalty 3.08.170 Violations designated 15.20.180 SALESPERSON recording notice 15.20.150 Business license See also BUSINESS LICENSE SHEEP fee 5.04.290 See ANIMAL SAN JOSE WATERWORKS SHERIFF See FRANCHISE Bingo inspection 5.32.180 SEASONAL LOT permit applicant investigation 5.32.210 Business license Private patrol See also BUSINESS LICENSE identification card issuance 5.24.130 fee 5.04.330 permit application approval 5.24.040 uniform, equipment approval, inspection SECONDHAND DEALER 5.24.120 Applicability of provisions 5.40.010 Definitions 5.40.020 SHOPPING CENTER Inspection authority 5.40.030 See also TRESPASSING Free speech activity restrictions 10.56.040 SEISMIC SAFETY See TOXIC GASES SIDEWALK See STREETS AND SIDEWALKS SEWER See also SUBDIVISION SIGN See also WATER abandoned or discontinued signs 19.104.320 See also WATER POLLUTION appeals 19.104.070 See also PREVENTION applicability of regulations 19.104.020 Abandoned system 15.20.140 beverage container recycling signs 19.104.180 Appeals, generally 15.20.190 changeable copy signs 19.104.180 Applicability of provisions 15.20.010 construction and maintenance specifications Alteration, permit required 15.20.070 19.104.090 Building permit issuance requirements 15.20.100 decorative statuary 19.104.180 Definitions 15.20.020 electronic readerboard signs 19.104.180 Enforcement authority designated 15.20.170 enforcement of provisions 19.104.300 Failing system,correction responsibilities 15.20.130 2012 S-35 Cupertino -Index 26 Example of How to Figure Size and Location of portable signs and displays 19.104.270 Ground Signs, Ch. 19.104, Appendix A project announcement signs 19.104.260 Examples of Well Proportioned Signs; Examples of promotional devices 19.104.270 Signs Not Well Proportioned, Ch. 19.104, real estate signs 19.104.260 Appendix C special event banners 19.104.270 exception; findings 19.104.290 subdivision signs 19.104.250 freeway orientation 19.104.200 window signs 19.104.280 gasoline station signs 19.104.170 violation deemed infraction 19.104.380 ground signs 19.104.160 illegal signs SKATEBOARDS authority to remove in public right-of-way Defined 11.08.015 or on public property 19.104.340 Prohibited where 11.08.270 court action authorized 19.104.370 Violations, penalties 11.08.280 deemed public nuisance 19.104.370 private property 19.104.330 SMALL-INCOME BUSINESS public property 19.340.340 Business license responsible party for costs and fees See also BUSINESS LICENSE 19.104.360 fee 5.04.450 storage, reclamation and disposal of 19.104.360 SMOKING IN RECREATIONAL AREAS summary removal authorized 19.104.350 Definitions 10.90.010 illumination restrictions 19.104.230 Other requirements and prohibitions 10.90.030 inspection requirements 19.104.060 Smoking prohibited 10.90.020 landmark signs 19.104.210; Ch. 19.104, Violation- penalty 10.90.040 Appendix B neon signs, exposed&visible 19.104.180 SODA FOUNTAIN nonconforming signs 19.104.310 See RESTAURANT obstructions prohibited 19.104.080 penalty 19.104.380 SOILS REPORT permanent See BUILDING blade signs &logos, symbols or insignias SUBDIVISION 19.104.150 design criteria 19.104.220 SOLICITOR wall signs 19.104.140 See also STREETS, SIDEWALKS window signs 19.104.150 Administrative authority 5.20.100 permit required 19.104.030 Business license private property, illegal signs 19.104.330 See also BUSINESS LICENSE prohibited signs 19.104.110 fee 5.04.290 purpose and intent 19.104.010 Definitions 5.20.010 responsible party for costs and fees 19.104.360 Exemptions from provisions 5.20.015 sign program; applicability, requirements Hours of operation 5.20.090 and findings 19.104.130 Identification permit sign permit application; review criteria denial, appeal 5.20.050 19.104.050 display on demand 5.20.120 application requirements 19.104.040 issuance 5.20.040 signs exempt from permit requirements 19.104.100 nontransferable 5.20.110 signs in and near residential districts 19.104.190 revocation signs in special planning districts 19.104.120 appeals 5.20.070 storage of removed signs 19.104.360 grounds 5.20.060 summary removal authorized 19.104.350 Posting of premises 5.20.140 temporary Vehicle requirements 5.20.080 flags 19.104.250 Violation, penalty 5.20.130 garage sales 19.104.250 location 19.104.240 SPECIFIC PLAN political signs 19.104.250 See LAND DEVELOPMENT PLANNING 2012 S-35