The URL can be used to link to this page

2012 S-36 CUPERTINO, CALIFORNIA Instruction Sheet 2012 S-36 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION AND PERSONNEL 71, 72 71, 72 TITLE 19: ZONING 1, 2 1, 2 15, 16 15, 16 21 through 24 21 through 24 27 through 34 27 through 34 47 through 72 47 through 72 101, 102 101, 102 193, 194 193, 194 213 through 216 213 through 216 245, 246 245, 246 Comprehensive Ordinance List 41, 42 41, 42 kgw - 12/10/12 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2012 S-36 Supplement contains: Local legislation current through Ordinance 2100, passed 12-4-12 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 2.92.010 • CHAPTER 2.92: BICYCLE PEDESTRIAN COMMISSION Section 2.92.010 Established-Composition. expiration of a term, it shall be filled by the City Council's 2.92.020 Members-Terms. appointment for the unexpired portion of the term. (Ord. 2.92.030 Members-Vacancy and removal. 1895, (part), 2002) 2.92.040 Chairperson. 2.92.050 Meetings-Quorum. 2.92.040 Chairperson. 2.92.060 Majority vote required. The Commission shall elect its chairperson and vice- 2.92.070 Records required. chairperson from among its members and shall appoint a 2.92.080 Powers and functions. secretary. Terms of the chair and vice-chair shall be for one 2.92.090 Compensation-Expenses. year. (Ord. 2015, § 2, 2008; Ord. 1895, (part), 2002) 2.92.100 Procedural rules. 2.92.110 Effect. 2.92.050 Meetings-Quorum. A. The Bicycle Pedestrian Commission shall establish a regular place of meeting and rules of conduct 2.92.010 Established-Composition. thereof and shall hold at least one regular meeting every The Bicycle Pedestrian Commission of the City is other month, unless a regular meeting is cancelled by established. The Bicycle Pedestrian Commission shall direction of the Commission chairperson. consist of five members, none of whom shall be officials or B. A majority of the Bicycle Pedestrian Commission employees of the City, nor cohabit with as defined by law shall constitute a quorum for the purpose of transacting the nor be related by blood or marriage to any member of the business of the Commission. (Ord. 1964, § 4, 2005; Ord. Commission, the City Manager or any staff person(s) who 1895, (part), 2002) may be assigned by the City Manager to assist this Commission. All members shall be City of Cupertino 2.92.060 Majority Vote Required. residents. Members of the Bicycle Pedestrian Commission A majority vote is required to approve a shall be appointed by the City Council. (Ord. 1895, (part). recommendation on any matter that is presented to the 2002) Commission that requires a vote. (Ord. 1895, (part), 2002) 2.92.020 Members-Terms. 2.92.070 Records Required. A. Commissioners serve at the pleasure of the City The Commission shall keep an accurate record of its Council. The term of office of the members of the Bicycle proceedings and transactions and shall render such reports Pedestrian Commission shall be for four years and shall end to the City Council as may be required. (Ord. 1895, (part), on January 30th of the year their term is due to expire. No 2002) commissioner shall serve more than two consecutive terms, except that a commissioner may serve more than two 2.92.080 Powers and Functions. consecutive terms if he or she has been appointed to the A. The powers and functions of the Bicycle Commission to fill an unexpired term of less than two years. Pedestrian Commission shall be to review, monitor and B. The appointment, reappointment and rules suggest recommendations for City transportation matters governing incumbent members of the Commission are including, but not limited to, bicycle and pedestrian traffic, governed by Resolution No. 7571 of the Cupertino City parking, education and recreation within Cupertino. Council. (Ord. 2015, § 2, 2008; Ord. 1895, (part), 2002) B. To fulfill their mission, the Commission may involve itself in the following activities: 2.92.030 Members-Vacancy and Removal. 1. To monitor and update the bicycle transportation Any appointee member may be removed by a majority plan and pedestrian transportation guidelines; vote of the City Council. If a vacancy occurs other than by 2012 S-36 Repl. 71 2.92.080 Cupertino-Administration and Personnel 72 2 To suggest recommendations,review and monitor the City's general plan transportation element; 3. To receive public input pertaining to bicycle and pedestrian transportation and infrastructure issues; 4. To make recommendations regarding the implementation of roadway and transportation improvements as it pertains to bicycle and pedestrian needs; 5. To make recommendations regarding the allocation of funds for capital expenditures relating to bicycle and pedestrian transportation; 6. Any other activity that may be deemed appropriate and necessary. (Ord. 1895, (part), 2002) 2.92.090 Compensation-Expenses. Members of the Bicycle Pedestrian Commission shall serve without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paid by appropriate action of the City Council. (Ord. 1895, (part), 2002) 2.92.100 Procedural Rules. The Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the chairperson of the Commission,the Mayor and the City Clerk, and a copy thereof shall be furnished to any person on request. (Ord. 1895, (part), 2002) 2.92.110 Effect. Nothing in this chapter shall be construed as restricting any powers of the City Council or City officers. (Ord. 1895, (part), 2002) TITLE 19: ZONING Chapter 19.04 General Provisions 19.08 Definitions 19.12 Administration 19.16 Designations and Establishment of Districts 19.20 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.24 Agricultural (A) and Agricultural-Residential (A-1) Zones 19.28 Single-Family Residential (R-1) Zones 19.32 Residential Duplex (R-2) Zones 19.36 Multiple-Family Residential (R-3) Zones 19.40 Residential Hillside (RHS) Zones* 19.44 Residential Single-Family Cluster (R1C) Zones 19.48 Fences 19.52 Reasonable Accommodation 19.56 Density Bonus 19.60 General Commercial (CG) Zones* 19.64 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.68 Administrative and Professional Office (OA & OP) Zones 19.72 Light Industrial (ML) and Industrial Park (MP) Zones 19.76 Public Building (BA), Quasi-Public Building (BQ) and Transportation (T) Zones 19.80 Planned Development (P) Zones 19.84 Permitted„ Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zoning Districts 19.88 Open Space (OS) Zones 19.92 Park and Recreation (PR) Zones 19.96 Private Recreation (FP) Zone 19.100 Accessory Buildings/Structures 19.104 Signs 19.108 Beverage Container Redemption and Recycling Centers 19.112 Second Dwelling Units in R-1, RHS, A and A-1 Zones 19.116 Conversions of Apartment Projects to Common Interest Developments 19.120 Home Occupations 19.124 Parking Regulations 19.128 Adult-Oriented Commercial Activities 19.132 Concurrent Sale of Alcoholic Beverages and Gasoline 19.136 Wireless Communications Facilities 19.140 Nonconforming Uses and Nonconforming Facilities 19.144 Development Agreements 19.148 Required Artwork in Public and Private Developments 19.152 Amendments to the Zoning Maps and Zoning Regulations 19.156 Development Permits, Conditional Use Permits and Variances 19.160 Temporary Uses 19.164 Administrative Approval of Minor Changes in Projects* 19.168 Architectural and Site Review* 2012 S-36 1 15 Definitions 19.08.030 "Projection" means architectural elements, not part of located on the premises of a commercial or manufacturing the main building support, that cantilevers from a single use and use solely for the recycling of material generated by building wall or roof, involving no supports to the ground that business or manufacturer. other than the one building wall from which the element 1. "Recycling center, Certified" or "Certified projects. Processor" means a recycling facility certified by the "Promotional device"means any sign,display, fixture, California Department of Conservation as meeting the placard, vehicle or structure that uses color, form, graphic, requirements of the California Beverage Container symbol, illumination or writing to advertise a special event Recycling and Litter Reduction Act of 1986. or the opening of a new business. 2. "Recycling center,Mobile"means an automobile, "Property" means real property which includes land, truck, trailer or van licensed by the Department of Motor that which is affixed to the land, and that which is incidental Vehicles, which is used for the collection of recyclable or appurtenant to the land as defined in Civil Code Sections material. A mobile recycling center also means the bins, 658 through 662. boxes or containers transported by trucks, vans, or trailers 1. Property, Adjoining. "Adjoining property" and used for the collection of recyclable materials. A mobile means any unit of real property, excluding lands used as recycling center may consist of an enclosed vehicle such as public streets, sharing one or more common points with box cab or enclosed semi-trailer or an open vehicle such as another property. a flatbed trailer with bins or boxes to contain recyclable "Provider" means a person who operates a child day materials. care home and is licensed by the State of California. "Recycling facilities" may include the following: "Public dancehall" is a building or portion used for a. "Collection facility" means a facility for the dancing purposes to and in which the general public is acceptance (donation, redemption or sale) of recyclable admitted and permitted to dance, upon payment of any fee materials from the public. Such a facility does not use other than compensation, or upon payment of a charge for power-driven processing equipment except as indicated in admission, or for which tickets or other devices are sold, or standards and conditions, in this chapter. Collection in which a charge is made for the privilege of dancing with facilities may include the following: any other person employed for such purpose by the operator i. Reverse vending machine(s); of the establishment, including but not limited to tax: ii. Small collection facilities which occupy an area dances, but excluding restaurants, hotel rooms anc of not more than five hundred square feet, and may include: nightclubs in which the dancing is incidental only to other (A) A mobile recycling unit, entertainment. (B) Bulk reverse vending machine or a grouping of Q. "Q" Definitions: reverse vending machines occupying more than fifty square "Qualified applicant" is a person who has a legal or feet, equitable interest in real property which is the subject of a. (C) Kiosk type units and bulk vending machines, development agreement, determined pursuant to Section (D) Unattended containers placed for the donation of 19.144.040. Qualified applicant includes an authorized recyclable materials; agent. iii. Large collection facilities which may occupy an R. "R" Definitions: area of more than five hundred square feet, or is on a "Recreational open space" means open space within a separate property not appurtenant to a host use, and may common interest development (exclusive of required front include permanent structures. setback areas) which shall be used exclusively for leisure b. "Processing facility"means a building or enclosed and recreational purposes, for the use and enjoyment of space use for the collection and processing of recyclable occupants (and their visitors) of units on the project and to materials. Processing means the preparation of material for which such occupants (and their visitors) have the right of efficient shipment or to an end-user's specifications,by such use and enjoyment. Accessory structures such as swimming means as baling, briquetting, compacting, flattening, pools, recreational buildings and landscaped areas may be grinding,crushing,mechanical sorting,shredding,cleaning, included as open space. and remanufacturing. Processing facility includes the "Recyclable materials" means discards or waste following: materials that may be separated or mixed, collected and i. A light processing facility occupies an area of processed,and used as raw materials for new products. For under forty-five thousand square feet of gross collection, purposes of Chapter 19.108, recyclable material does not processing and storage area and has up to two outbound include hazardous materials. truck shipments per day. Light processing facilities are "Recycling center" means a facility for the collection limited to baling, briquetting, crushing, compacting, and/or processing of recyclable materials. Recycling center grinding, shredding and sorting of source-separated does not include storage containers or processing activity recyclable materials and repairing of reusable materials 2012 S-31 19.08.030 Cupertino -Zoning 16 sufficient to qualify as a certified processing facility. A manufacturing of products or provisions of services to light processing facility shall not shred, compact, or bale others. ferrous metals other than food and beverage containers. "Residential care home" means the use of a dwelling ii. A heavy processing facility is any processing unit or portion licensed by the State of California or County facility other than a light processing facility. of Santa Clara, for care of up to six persons, including "Religious institution" means a seminary, retreat, overnight occupancy or care for extended time periods, and monastery,conference center,or similar use for the conduct including all uses defined in Sections 5115 and 5116 of the of religious activities including accessory housing incidental California Welfare and Institutions Code, or successor thereto, but excluding a private educational facility. Any legislation. use for which a property tax exemption has been obtained "Residential district," for purposes of the Sign pursuant to Section 3(t) of Article XIII of the Constitution Ordinance, means the R-1, RHS, R2, R3, R1C, A, and Al of the State of California and Section 206 of the Revenue zoning classifications which are consistent with the and Taxation Code of the State of California, or successor residential designation of the Cupertino general plan. legislation, or which is used in connection with any church "Reverse vending machine(s)" means an automated which has received such an exemption, shall be prima facie mechanical device which accepts one or more types of presumed to be a religious institution. empty beverage containers, including, but not limited to "Residential care facility" means a building or portion aluminum cans, glass and plastic bottles, and issues a cash designed or used for the purpose of providing refund or a redeemable credit slip with a value not less than twenty-four-hour-a-day nonmedical residential living the containers redemption value,as determined by the State. accommodations pursuant to the Uniform Building,Housing A reverse vending machine may sort and process containers and Fire Codes, in exchange for payment of money or other mechanically provided that the entire process is enclosed consideration, where the duration of tenancy is determined, within the machine. In order to accept and temporarily store in whole or in part,by the individual resident's participation all three container types in a proportion commensurate with in group or individual activities such as counseling,recovery their relative redemption rates,and to meet the requirements planning,medical or therapeutic assistance.Residential care of certification as a recycling center, multiple grouping of facility includes, but is not limited to, health facilities as reverse vending machines may be necessary. defined in California Health and Safety Code (H&SC) 1. A bulk reverse vending machine is a reverse Section 1250 et seq., community care facilities (H&SC vending machine that is larger than fifty square feet; is Section 1500 et seq.), residential care facilities for the designed to accept more than one container at a time; and elderly (H&SC Section 1569 et seq.), and alcoholism or will pay by weight instead of by container. drug abuse recovery or treatment facilities (H&SC Section "Rotating homeless shelter" means a shelter located in 11384.11), and other similar care facilities. an existing church structure, the shelter provided not to Restaurant: exceed two months in any twelve-month period at any single 1. Restaurant, Fast-Food. "Fast-food restaurant" location, and the number of occupants not to exceed means a retail food service establishment in which prepared twenty-five, hours of operation not to exceed six p.m. to foods or beverages are served or sold on or in disposable seven a.m. containers, including those establishments where a S. "S" Definitions: substantial portion of the patrons may serve themselves and "Screened"means shielded,concealed,and effectively may consume the food and beverages off-site. A separate hidden from view at an elevation of up to eight feet above bar facility for serving alcoholic beverages is not permitted. ground level on adjoining parcels,or from adjoining parcels, Any area, tables or rooms reserved for serving alcoholic within ten feet of a lot line, by a fence, wall, hedge, berm, beverages shall be considered a separate bar facility. or similar structure, architectural or landscape feature, or Specialty food stores, such as ice cream stores, bakeries or combination thereof. shops, shall not be considered fast-food restaurants. "Second dwelling unit" means an attached or a 2. Restaurant, Full Service. "Full-service detached residential dwelling unit which provides complete restaurant" means any restaurant which is not a fast-food independent living facilities for one or more persons. It restaurant. Alcoholic beverages may be served with meals shall include permanent provisions for living, sleeping, at a customer's dining table;however,a separate bar facility eating, cooking and sanitation on the same parcel as the for serving alcoholic beverages is not permitted without a single-family dwelling is situated. use permit. "Senior citizens" means: "Research and development" means a use engaged in 1. Persons at least sixty-two years of age; or study, design, analysis and experimental development of 2. Persons at least fifty-five years of age in a senior products, processes or services, including incidental citizen housing development, in accordance with State and federal law. "Senior housing development" means: 2012 S-36 19.12.010 CHAPTER 19.12: ADMINISTRATION Section 19.12.010 Purpose and intent. A. In the A, Al, R-1 and RHS Zones, the following 19.12.020 Applicability of regulations. activities: 19.12.030 Approval authority. 1. Conditional uses in accord with Chapter 19.20, 19.12.040 Authority of the Director of Chapter 19.24, Chapter 19.28, Chapter 19.32, Chapter Community Development. 19.36, Chapter 19.40 and Chapter 19.44; 19.12.050 Authority of the Design Review 2. Removal of protected trees identified in Chapter Committee. 14.18; 19.12.060 Authority of the Planning 3. Projects in R-1 zones identified in Section Commission. 19.28.040; 19.12.070 Authority of the City Council. 4. Height Exceptions identified in Section 19.12.080 Application process. 19.24.050(B)(3); 19.12.090 Action by Director. 5. Hillside Exceptions identified in Section 19.12.100 Decision. 19.44.060 and Chapter 19.48; 19.12.110 Noticing. 6. Parking Exceptions identified in Chapter 19.124; 19.12.120 Action by Director of Community 7. Fence Exceptions identified in Chapter 19.48; Development-Administrative. 8. Variance to all other zoning regulations. 19.12.130 Action by Design Review Committee B. In R2, R3, R1C and all Commercial, Industrial, and Planning Commission. Office, Planned Community Districts and other 19.12.140 Action by City Council. non-residential zoning districts: 19.12.150 Notice of decision and reports. 1. New structures or property development, 19.12.160 Effective date. including signs and sign programs. 19.12.170 Appeals. 2. Building additions, exterior modifications to 19.12.180 Expiration, extension and existing structures including signs and sign programs, and revocation. site changes(including, but not limited to, new or modified landscaping, tree removals, fencing, changes to parking lot 19.12.010 Purpose and Intent. space striping or circulation); The purpose and intent of the Administration section is 3. Changes in property or building use that involve to establish procedures for the discretionary review of exterior modifications; development in the City in order to ensure that new 4. Exceptions or modifications to the development's development and changes to existing developments comply required and/or existing parking; with City development requirements and policies. This 5. Conditional uses in accord with Chapter 19.60, chapter establishes the procedures for review of applications Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter before the approval authorities for each type of project and 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, the process for appeals of any requirement, decision or Chapter 19.92, Chapter 19.96, Chapter 19.128, Chapter determination made by any Approval Body. 19.116, Chapter 19.132, Chapter 19.136. (Ord. 2085, § 2(part), 2011) (Ord. 2085, § 2 (part), 2011) 19.12.020 Applicability of Regulations. 19.12.030 Approval Authority. Except as otherwise provided in this section, Table 19.12.030 shows the approval authority, Development Review is required for all zoning map and text Noticing Radius, Expiration Date and Extension Dates for amendments, new construction, modifications to building different types of Permits. exteriors or site improvements, and changes in land use, including, but not limited to, the following: 2012 S-36 21 19.12.030 Cupertino-Zoning 22 0 0 0 0 0 0 0 0 ai. pp O O O p r. 0 O O N U U w U Ci o ° ° o; °; °■ o; y V1 V1 y 4-. T T T T .h cat N N N —. W o O d a+ 5 Cd N N V N . . a) V . N N ° a. cu 5 oz a' 0. a) I. 0 U C pp O O g cn g g g g g o m z b z a a, VI PO = 8 •� = Cl. a a a a a a a a a a o a -a U u. w a u Q I w w w w w . w ¢ ¢ ¢ ¢ w U ¢ Qi U Q Q N. b d ".2 a a a o a a Ar a: G cx w 4 u ¢ a as Q Q F a U ad 3 -' .� ACD 04 0 U V a y 14 •a) w u.. L. u. 1a b 'd y a) y y o G .. a) a.. . V E a fG y Qy : - 0 a a) a) L. u LL Ci 1.... Q (C 4. ° O°" F p 0 o o c °' v a ° a 0 0 0 Y a.) t, o b F n fx 0 N N E Q C 0 C 2012 S-31 23 Administration 19.12.030 wo 0C 0 boa goo o o°■ 00 00 � ooh o .00 co oc;.a N .- Q■ p; Q\ O� N .--. U (� O� O; .--i O O O; O: O\ O� a G m rq (n (n h () ti y w 5"= N N N N N N N N N W 0 ti O >" >.0 >•' >• >.■ Z ,. y. >• oz a 00 0 O 8_ O O-• ti S cd p ;� ; cd 8-- O O M M M Z M M M en 1 Q Q w a _ O �y �y 'pia' „m• ap ':.7 'aa+ O ►�i P\ G. r�i r'T'. af U Q _ a. = a.O is cr Cl. U c w Q Q Q Q Q Q Q Q Q U - g CP to O tNi i TA _ ✓ a O U co o) w a: 5) Ca• w'+ 0 U w i 0 .� (1i P w w w w u., w 0 0 Q U ).-aa.. Q 0 te0) .. d r m Or > O 1 e '" T7 V b , ❑ C 1:1 00 qq a 7 y Q J Y o) a. 0 Cl., N N N 4 1... O w K Q .2 � 5 E . 4.• A ° .� O • c...) o ,0 ' a o U N CU k cd cl O U QU .. Q Q X X X W > cn a 3 2012 S-31 19.12.030 Cupertino-Zoning 24 ▪ 5 q 00 00 o 0 0�, 1 0 00 '; 8 8 N N -,O 4 o■ N . 4 0� D a .8 — U Oi 0\ o■ Q\ v a o va) a) a.) a) a) a) a) a) a) a.) a) a) , K W a tt 0 0 0 a s a a) a 0 a a s o z z z >- -- >- >- z >. -- oz a 0.0)C:' = G Z 0 N N ) V, a) o a) a) y a) U '2 0 O 0 03 ct Q cvd ,, cd cVd cct CA O O 00 Z M Z .-a- ,d^7 M -a' ¢ '0 17 "0 b M za < < < < < < ¢ IZI 0 U D OA y u - w.5 6i o U a a a � U a a ° 4 Ua.a : e a d ¢ ¢0, U ¢ ¢ ¢ ¢ ¢¢ ¢ ¢ < < 0. ¢ ¢ 'e4 C..) 0 0 o� ¢ u. ¢ ¢ ¢ w ¢ � ¢ LL a c. o .c U a F a) ar. A Cid go g 0 U a) - 3 j GPI • LI. La. LL 1 LL Li. f-1. G. ▪ a Q y .51 7'a X a V] `1) a) eb °a° - a ° °' o ~ a�i a cl cl) LT, ,,, n to a a a) t', a.) 0 w 0 F o ?� 2 w C4 a?j a q •° x b o rx F ao > • `� o. Lit k 5 a o :� °n ,.A a a Z ,o O a. w aai o I. _� O F w o F x D cY. a. Li. Li. -. c4 a 2012 S-36 27 Administration 19.12.030 Key: review is required and minor modifications of duplex and multi-family buildings. Notes: L. Appeals of Design Review Committee decisions shall A. Permits can be processed concurrently with other be heard by the City Council. applications, at the discretion of the Director of M. Parking Exceptions approved by the Director of Community Development. Community Development need a comment period. B. Projects with combined applications shall be processed Parking Exceptions approved by the Design Review at the highest level of approval in conformance with Committee need a public meeting. Section 19.04.090. N. Parking Exceptions in Single-family residential (R-1) C. Public Hearing: Project types that need noticing zones and Duplex (R2) zones need adjacent noticing. pursuant to the CA Government Code; All other Parking Exceptions need notices within three Public Meeting: Project types that need only a mailed hundred feet of the exterior boundary of the subject notice and no newspaper notices; property. Comment Period: Project types that need only a mailed O. Application must be filed prior to expiration date of notice and do not need a public hearing or public permit. Permit is extended until decision of the meeting. Approval Body on the extension. D. Noticing Radius of an application in a combined (Ord. 2085, § 2(part), 2011) application shall correspond to the maximum noticing radius required for any one of the applications. 19.12.040 Authority of the Director of Community E. Expiration date of an application in a combined Development. application shall correspond to the maximum Subject to the provisions of this chapter and general expiration date allowed for any one of the development purpose and intent of this title, the authority of the Director applications (not including Subdivision Map Act of Community Development is as follows: applications, General Plan Amendments and Zoning A. Grant any permits which are authorized to be Map or Text Amendments.) issued by the Director pursuant to Section 19.12.030 and F. Major General Plan Amendment, Conditional Use any other provisions of this code; Permit, Development Permit application - for more B. Grant parking exceptions for projects that are than ten thousand square feet of commercial and/or reviewed in conjunction with permits which are authorized industrial and/or office and/or other non-residential to be issued by the Director of Community Development use, or greater than six residential units. pursuant to Section 19.12.030; G. Minor General Plan Amendment, Conditional Use C. Grant a variance from site development Permit, Development Permit application - for ten regulations and parking and loading regulations (except thousand square feet or less of commercial and/or those handicapped parking regulations mandated by State industrial and/or office and/or other non-residential law)applicable within any zoning district established by this use, or six or less residential units. title; H. City Council review for applications with new D. Grant a variance from the special conditions of development greater than fifty thousand square feet of approval that apply to site development and parking and commercial,and/or greater than one hundred thousand loading regulations(including conditions attached to planned square feet of industrial and/or office and/or other developments) applicable within any zoning district non-residential use,and/or greater than fifty residential established by this title. units. Planning Commission review for all other E. Grant a request for reasonable accommodation applications. made by any person with a disability, when the strict I. Please see specific zoning district regulations or application of the provisions within residential districts acts chapters in this title that apply to the subject property as a barrier to fair housing opportunities, pursuant to or project for approval authority. Chapter 19.52. J. Major Architectural and Site Approval application - F. Make reasonable interpretations of the regulations architectural and site approval for all projects that are and provisions of this title, and any chapter therein, not a Minor Architectural and Site Approval consistent with the legislative intent. Persons aggrieved by application. an interpretation of the Director of Community Development K. Minor Architectural and Site Approval application - may petition the Planning Commission in writing for review single family home in a planned development zoning of the interpretation. district, minor building architectural modifications, G. May refer an application to another Approval landscaping, signs and lighting for new development, Body for review, decision or recommendation. redevelopment or modification in such zones where (Ord. 2085, § 2(part), 2011) 2012 S-36 19.12.050 Cupertino-Zoning 28 19.12.050 Authority of the Design Review A. An application for permit may be made by the Committee. owner of record, his or her agent, lessee(s)of property, or Subject to the provisions of this chapter and general person(s)who have contracted to purchase or lease property purpose and intent of this title, the authority of the Design contingent upon their ability to acquire the necessary permit Review Committee is as follows: under this title and who have written authorization from the A. Grant any permits and exceptions which are property owner to make an application. authorized to be issued by the Design Review Committee B. Application shall be made on a form provided by pursuant to Section 19.12.030 and any other provisions of the City, and shall contain the following, unless waived by this code; the Director of Community Development based on the scope B. Grant parking exceptions for projects that are in of the proposed project: conjunction with permits which are authorized to be issued 1. A complete legal description of the subject by the Design Review Committee pursuant to Section property and map showing the location of the property for 19.12.030. which the permit is sought; (Ord. 2085, § 2 (part), 2011) 2. A preliminary title report of the subject property; 3. The proposed site development plan indicating: 19.12.060 Authority of the Planning Commission. the location of all buildings and structures; the location and Subject to the provisions of this chapter and general types of land uses; paved areas, such as roadways, purpose and intent of this title, the authority of the Planning driveways and walkways; and general landscaping scheme; Commission is as follows: 4. Architectural drawings of the proposed A. Grant any permits which are authorized to be development, building additions or other structures. issued by the Planning Commission pursuant to Section Drawings shall indicate building height, colors, materials, 19.12.030 and any other provisions of this code; window treatment and other architectural features; B. Grant parking exceptions for projects that are in 5. Maps showing the locations of buildings; conjunction with permits which are authorized to be issued 6. Renderings showing building heights and square by the Planning Commission pursuant to Section 19.12.030; footages; C. Make recommendations to the City Council on 7. Maps showing the precise location of roads, applications in which it is a recommending body; and streets, alleys and access points; D. Decide on appeals of decisions pursuant to 8. A traffic analysis, if required; Section 19.12.030. 9. A construction plan, (Ord. 2085, § 2 (part), 2011) 10. Any property/development with a Homeowner's Association (HOA) or Architectural Review Board (ARB) 19.12.070 Authority of the City Council. shall provide a letter of approval from said HOA Board or Subject to the provisions of this chapter and general ARB. purpose and intent of this title, the authority of the City 11. The Director of Community Development may Council is as follows: reasonably require additional information which is pertinent A. Grant any permits which are authorized to be and essential to the application. issued by the City Council pursuant to Section 19.12.030 12. Zoning Map or Text Amendments shall also and any other provisions of the code; include information required per Chapter 19.152. B. Decide on appeals of decisions pursuant to a. Zoning applications for Planned Development Section 19.12.030. Zoning Districts shall also include information required per (Ord. 2085, § 2(part), 2011) Section 19.80.040; b. Zoning applications for Multi-Family (R3) 19.12.080 Application Process. Residential shall also include information required per The following provisions outline the requirements for Section 19.36.040; and the filing of applications for permits, entitlements, c. Zoning applications for Residential Single-family amendments, and approvals. Unless otherwise specified in Cluster (R1C) initiated by a property owner, or his or her this title, all applications for permits, entitlements, designee, shall also include items identified in Section amendments and approvals required by this title shall be 19.44.050H. filed in compliance with this section. 13. Planned Development Permit and Development Applications for permits, permit modifications, Permit applications shall also include information required amendments and other matters pertaining to this chapter per Section 19.156.010: shall be filed with the Director of Community Development 14. Conditional Use Permits and Variances shall also with the following: include information required per Section 19.156.020. 2012 S-31 29 Administration 19.12.080 15. Density Bonus Permit applications shall also ten days prior to the date of the hearing as provided in include information required per Section 19.56.060. Section 65090 of the California Government Code; 16. Conversion of Apartment Projects to Common 2. The City shall mail written notice by first class Interest Developments applications shall also include mail to: information required per Section 19.116.050. a. Each owner of record of real property within the 17. Sign Permit Applications should also include noticing radius per Section 19.12.030 of the exterior information required per Section 19.104.040. boundary of the property for which the application is made C. Application shall be accompanied by the fee as the owner of record is shown in the last tax assessment prescribed by City Council resolution,no part of which shall roll pursuant to Section 65091 of the California Government be returnable to the applicant. Code; (Ord. 2085, § 2 (part), 2011) b. Owner(s)of subject site or his or her authorized agent; 19.12.090 Action by Director. c. Project applicant(s); Upon receipt of an application for a permit, the d. Local agencies expected to provide water, Director of Community Development shall: sewage,streets,roads,schools or other essential facilities or A. Within thirty days determine whether the services to the proposed project; application is complete or needs additional information and e. Any individual or entity that has filed a written shall inform the applicant. request with the City Clerk requesting notification of public B. Not later than a period stipulated in Section hearings; 19.12.100 below: 3. If the number of owners to whom notice would be 1. Set a date for a public hearing or public meeting mailed or delivered pursuant to subsection A2 above is upon the matter at a regular or special meeting of the greater than one thousand, in lieu of mailed or delivered approval authority for the project for applications that notice, the Director may provide published notice as require a public hearing or public meeting, or provided in Government Code Section 65091(4). 2. Send notice in accord with the requirements or 4. The notice shall contain the following: Section 19.12.110(D) for applications that do not need a a. The exact address of the property, if known, or public hearing or public meeting. the location of the property, if the exact address is not (Ord. 2085, § 2(part), 2011) known; b. The date on which action on the application will 19.12.100 Decision. be taken; Unless postponed or continued with the mutual consent c. A brief description, the content of which shall be of the Director of Community Development and the in the sole discretion of the City, of the proposed project; applicant and written confirmation from the applicant, a d. Reference to the application on file for decision shall be rendered: particulars; 1. No later than sixty days following the date the e. A statement that any interested person, or agent application is deemed complete and either categorically thereof, may contact the City for additional information exempt under the California Environmental Quality Act and/or plans. (CEQA) or the adoption of a negative declaration or one Typographical and/or publishing errors shall not hundred and eighty days of certification of an Environmental invalidate the notice nor any City action related to the Impact Report (EIR). notice. 2. Notwithstanding the above, no later than one B. Notice of Public Hearing for Zoning Text hundred and fifty days upon receipt of a complete Amendments: application for a new personal wireless communication 1. For amendments to zoning regulations: Notice of facility or ninety days upon receipt of an application for such hearing (publication) shall be given in the manner collocation of a personal wireless communication facility/ prescribed in Section 19.12.110A(1). antennas. 2. For amendments to permitted uses of real (Ord. 2085, § 2 (part), 2011) property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110A(2)or A(3),as the case may 19.12.110 Noticing. be. A. Notice of Public Hearing: Noticing shall be C. Notice of Public Meeting: For projects requiring provided in the following manner for applications that need notice of a public meeting, notice shall be mailed in accord a public hearing: with Section 19.12.110A(2)or A(3), as the case may be, at 1. Notice of hearing shall be given by publication least ten days prior to the date of the meeting date. once in a local newspaper of general circulation not less than 2012 S-36 19.12.110 Cupertino-Zoning 30 D. Notice of Comment Period: For projects i. A color perspective drawing or three-dimensional requiring notice of a comment period,notice shall be mailed (3-D)photographic simulation of the proposed project, in a in accord with Section 19.12.110A(2) and A(4), fourteen size deemed appropriate by the Director of Community calendar days prior to the date of action on the application. Development. 1. For permits issued pursuant to Chapter 19.28,the ii. For Two Story Permits and Residential Design mailed notice shall include a copy of the site plan and Review applications, a color or black and white perspective elevation plans of the proposed project. drawing or three-dimensional(3-D)photographic simulation 2. For permits issued pursuant to Chapter 14.18,the of the proposed project, at least eleven inches by seventeen mailed notice shall include a copy of the site plan and tree inches in size. replacement/mitigation plan. iii. Visual Representation is not required for E. The City may also give notice of public applications that do not have a material change in the hearings/public meetings in any other manner it deems physical appearance of the property. necessary or desirable. If the Director of Community (Ord. 2085, § 2 (part), 2011) Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby 19.12.120 Action by Director of Community residential areas, the Director, in his or her discretion, may Development-Administrative. expand noticing beyond the stated requirements in Section A. For applications requiring Administrative 19.12.030. approval with a public meeting, public hearing or comment Compliance with the procedures set forth in this section period, the Director of Community Development or his or shall constitute a good-faith effort to provide notice, and the her designee may, subject to the requirements of Section failure to provide notice, and the failure of any to receive 19.12.100: notice, shall not prevent the City from proceeding with a 1. Issue his or her decision at the conclusion of the hearing, meeting or from taking any action nor affect the public meeting, public hearing or comment period; validity of any action. 2. Continue the item for additional public hearings, F. Posted Site Notice: public meetings or comment period; or 1. Applicants shall install notice(s) on the subject 3. Defer action by taking the item under advisement site that is/are clearly visible from the street in accord with and issuing the decision no later than thirty days following the requirements of Table 19.12.030. the public meeting, public hearing or comment period. a. Applicants must install a public notice in the front No additional noticing is required if a project is yard of the subject site. continued. b. For all applications other than Two Story B. For applications where a public meeting or public Permits, Residential Design Review and Tree Removal hearing is required to be held before the Director of applications in R-1 or R2 zones, if the subject site has more Community Development, the meeting shall be held in the than one property line abutting a street, the applicant may be same manner as a Design Review Committee meeting. required to install more than one notice. (Ord. 2085, § 2 (part), 2011) 2. The notice shall be a weatherproof sign, at least two feet tall and three feet wide, firmly attached to a five 19.12.130 Action by Design Review Committee foot tall post. and Planning Commission. 3. The notice shall be placed at least fourteen days A. For applications where the Design Review prior to the decision/public hearing and shall remain in place Committee or Planning Commission is the Approval Body, until an action has been taken on the application and the it shall render a decision, which is supported by the evidence appeal period has passed. contained in the application or presented at the meeting, at 4. The notice shall contain the following: the meeting, or at a subsequent meeting after conclusion of a. The exact address of the property, if known, or the public hearing or public meeting, subject to the the location of the property, if the address is not known; requirements of Section 19.12.100. b. A brief description of the proposed project, the B. For zoning map amendments, on the basis of content of which shall be at the sole discretion of the City; evidence and testimony presented to the Planning c. City contact information for public inquiries; Commission at the public hearing,the Planning Commission d. A deadline for the submission of public may determine that the public interest will be served, either comments; by revising the area being considered for reclassification to e. If proposing a physical alteration to an existing include properties not originally part of the application, or building or new buildings, at least one of the following by giving consideration to district classifications not visual representations of the proposed project: originally requested by the application. The Planning 2012 S-36 31 Administration 19.12.130 Commission may, solely at its option, consider additional Section 19.12.170. A decision of the City Council shall be properties or district classifications, or both. final. C. For applications requiring City Council approval, B. Reports: The Director of Community the reviewing body shall forward its written findings, Development shall endeavor to forward reports, within five determinations and recommendation to the City Council for calendar days from the date of the decision, to the: final action, subject to the requirements of Section 1. Planning Commission and the City Council of a 19.12.100. decision by the Director of Community Development. (Ord. 2085, § 2 (part), 2011) 2. Planning Commission and the City Council of a decision by the Design Review Committee. 19.12.140 Action by City Council. 3. City Council of a decision by the Planning A. Upon receipt of a recommendation of the Commission. reviewing body, the City Council may by resolution (Ord. 2085, § 2 (part), 2011) approve, modify, or disapprove the recommendation of the reviewing body, subject to the requirements of Section 19.12.160 Effective Date. 19.12.100. A. A permit approved by the City Council shall take B. Upon final approval of a zoning or prezoning effect ten days following the date that the findings are application,the City Council shall enact an ordinance zoning adopted. or prezoning the subject property or properties, B. Specific Plans, General Plan Amendments, incorporating within the ordinance: Zoning Ordinance/Map Amendments, and Development 1. A Conceptual development plan, if required, and Agreements shall become effective thirty days following the 2. Conditions of approval. final date of action(e.g., adoption) by the City Council. C. For a Development Agreement,the City Council C. All other permits shall take effect fourteen shall enact an ordinance that shall refer to and incorporate calendar days following the date that the findings are the text of the Development Agreement by reference. adopted by the appropriate Approval Body,unless an appeal D. For applications requiring City Council approval, is filed as provided in Section 19.12.170. the City Council shall issue its decision at the conclusion of (Ord. 2085, § 2 (part), 2011) the public hearing or public meeting. (Ord. 2085, § 2 (part), 2011) 19.12.170 Appeals. A. An appeal may be filed by any person, firm or 19.12.150 Notice of Decision and Reports. corporation aggrieved or affected by any grant, denial, A. Notice of decision: modification or revocation of any permit, or any 1. The decision for applications approved with a determination or interpretation related to any provision of public meeting or public hearing shall be mailed to the this title. property owner and applicant at the address shown on the B. Filing: application. 1. An appeal shall be in writing on forms prescribed 2. The decision for applications approved with a by the City and shall be filed during regular office hours comment period shall be mailed to the property owner and with the City Clerk within fourteen calendar days after the the applicant at the address shown on the application and any City decision or if a notice of decision is not required, from person who has commented on the proposed project within the date of the decision or determination, under this title. the comment period. An appeal not filed within such time shall be barred. The 3. The decision shall contain the following: appeal shall state the grounds and basis thereof. a. Applicable findings; 2. Appeals under this chapter are subject to an b. Any reasonable conditions or restrictions deemed appeal fee as prescribed by resolution of the City Council. necessary to secure the purpose of this title and to assure C. Noticing: Notice of hearing shall be given in the operation of the development and/or use in a manner same manner in which the original notice was given. If a compatible with existing and potential uses on adjoining project with no noticing is appealed, appropriate noticing properties and in the general vicinity; and shall be determined by the Director of Community c. Reporting/monitoring requirements deemed Development. necessary to mitigate any impacts and protect the health, D. Appeal hearing body shall be determined in safety and welfare of the City. accord with Section 19.12.030. 4. The decision of the Director of Community E. Decision of the appeal hearing body:The decision Development, Design Review Committee or Planning or determination of the appeal hearing body on any appeal Commission shall be final unless appealed in accord with shall be final and effective immediately. 2012 S-36 19.12.170 Cupertino-Zoning 32 F. Notice of Decision: Notice of the appeal hearing i. That the permit was obtained by body's decision shall be mailed to the original applicant, to misrepresentation or fraud; the person filing the appeal,and to any other person who has ii. That the improvement, use or activity authorized filed a written request with the City Clerk. in compliance with the permit had ceased or was suspended (Ord. 2085, § 2(part), 2011) for one year or more; iii. That one or more of the conditions of the permit 19.12.180 Expiration, Extension and Revocation. have not been met; or A. Expiration. iv. That the owner or occupant of the property is 1. Approval on a permit or variance shall become conducting the use or any associated or other use of the null and void and of no effect, within the time frame property in violation of the law. specified in Section 19.12.030 following its issuance, unless v. In the case of revocation of a sign permit,the sign a shorter or longer time period is specifically prescribed in was abandoned for a period of thirty days. the conditions of permit or variance, unless: (Ord. 2085, § 2 (part), 2011) a. A building permit is filed and accepted by the City(fees paid and control number issued). In the event that a building permit expires for any reason, the permit shall become null and void. b. The permit or variance has been used. A permit or variance shall be deemed to be "used" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued. B. Extensions. A permit or variance may, in accord with Section 19.12.030, be extended for the time frame specified in Section 19.12.030, upon timely submittal of an application with the Director of Community Development prior to expiration. C. 1. Revocation. In any case where, in the judgment of the Director,substantial evidence indicates that the conditions of a permit or variance have not been implemented, or where the permit or variance is being conducted in a manner detrimental to the public health, safety,and welfare, the Director shall set a date for a public hearing before the decision maker granting the original permit or variance, and notice a public hearing in accordance with Section 19.12.110. 2. Findings: A permit may be revoked or modified if any one of the following findings can be made: 2012 S-31 19.16.010 CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS Section 19.16.010 Zoning districts designated. 19.16.020 References to Districts. 19.16.020 References to districts. Reference within the title to residential districts 19.16.030 Zoning map and district boundaries. generally and as a grouping, includes all districts identified 19.16.040 Areas not shown on zoning map. in the section. Where references are made to more 19.16.050 Use and interpretation of zoning restrictive or less restrictive residential districts, such map. references shall apply sequentially between the most 19.16.060 Application of regulation to sites restrictive and the least restrictive. divided by zone boundaries. Residential District Restrictive Reference 19.16.010 Zoning Districts Designated. Most restrictive The several classes of general districts into which the RHS City is divided are designated as follows: R 1 C Zoning Map Designation and District Chapter R-1 Name Number R-2 R-3 A Agricultural Zone 19.24 Least restrictive A-1 Agricultural-Residential Zone 19.24 R-1 Single Family Residential Zone 19.28 (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), R-2 Residential Duplex District 19.32 1992) R-3 Multi-Family Residential Zone 19.36 19.16.030 Zoning Map and District Boundaries. RHS Residential Hillside District 19.40 A. The boundaries of districts established by this title R1C Residential Single-Family Cluster 19.44 shall be shown upon the zoning map. The zoning map, and Zone all amendments, changes, and extensions thereof, and all P Planned Development Zone 19.80 legends, symbols, notations, references, and other matters CG General Commercial Zone 19.60 shown thereon shall be a part of this title. ML Light Industrial Zone 19.72 B. The zoning map, as currently effective, and a BA Public Building Zone 19.76 record of all amendments, changes and extensions thereof, shall be maintained as a public record in the office of the T Transportation Zone 19.76 Director of Community Development. BQ Quasi Public Building Zone 19.76 C. The boundaries of each district as shown upon the PR Park and Recreation Zone 19.92 zoning map, or amendments thereto, are adopted by the FP PrivateRecreationDistrict 19.96 ordinance codified in this title, and the specific regulations 0-A Administrative and Professional 19.68 established by this title for each general district and all other Office District regulations applicable therein as set forth in this title are OP Planned Office 19.68 established and declared to be in effect upon all lands MP Industrial Park 19.72 included within the boundaries of each and every district as OS Open Space 19.88 shown upon the zoning map. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 1992) 2012 S-36 33 19.16.040 Cupertino-Zoning 34 19.16.040 Areas Not Shown on Zoning Map. All lands now or hereafter included within the incorporated territory of the City, which are not included within a general district shown on the zoning map of the City or are not shown as prezoned to a general district in accord with applicable provisions of this title, shall constitute R-1 single-family residence districts. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.16.050 Use and Interpretation of Zoning Map. The following rules shall apply in the determination of the boundaries of any district shown on the zoning map: A. Where boundaries are indicated as approximately following street and alley lines, or other identifiable boundary lines, such lines shall be construed to be the district boundary. Where such boundaries are indicated as within street or alley lines, or within identifiable rights-of-way or creeks, the centerline thereof shall be the district boundary. B. In unsubdivided property, and where a district boundary divides a lot,the location of the district boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map. C. A symbol, or symbols, indicating the classification of property on a zoning map shall in each instance apply to the whole of the area within the district boundaries. D. Where a public street, alley or right-of-way is officially vacated or abandoned, the regulations applicable to this abutting property shall apply equally to each half of such vacated or abandoned street, alley or right-of-way. E. Should any uncertainty remain as to the location or meaning of a boundary or other feature indicated upon a zoning map,said location or meaning shall be determined by the Director of Community Development. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.16.060 Application of Regulation to Sites Divided by Zone Boundaries. Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply to each portion of this site situated in a separate district. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2012 S-31 19.28.010 CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R-1) ZONES Section 19.28.010 Purposes. B. Reasonable Accommodation: Notwithstanding 19.28.020 Applicability of regulations. 19.28.020(A) above, a request for reasonable 19.28.030 Permitted, conditional and excluded accommodation may be made by any person with a uses. disability, when the strict application of the provisions in 19.28.040 Permits required for development. this chapter, act as a barrier to fair housing opportunities, 19.28.050 Zoning districts established. pursuant to Chapter 19.52. (Ord. 2085, § 2 (part), 2011; 19.28.060 Site development regulations. Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 19.28.070 Building development regulations. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999;Ord. 1601, 19.28.080 Eichler(R1-e) building design Exh. A (part), 1992) requirements. 19.28.090 Development regulations-(R1-a). 19.28.030 Permitted, Conditional and Excluded 19.28.100 Permitted yard encroachments. Uses. 19.28.110 Single-family residential design Permitted,Conditional and Excluded Uses that may be guidelines and principles. conducted from property zoned Single Family Residential 19.28.120 Landscape requirements. (R-1), are identified in Section 19.20.020. (Ord. 2085, §2 19.28.130 Exceptions. (part), 2011) 19.28.140 Findings. 19.28.040 Permits Required for Development. Table 19.28.040 sets forth the planning permits 19.28.010 Purposes. required for development in the Single-Family Residential R-1 single-family residence districts are intended to district. create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighborhoods; [Table 19.28.040 begins on next page.] B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; and D. Reinforce the predominantly low-intensity setting in the community. (Ord. 2085, §2(part),2011;Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.020 Applicability of Regulations. A. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R-1 single-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. 2012 S-36 .47 19.28.040 Cupertino-Zoning 48 no 73 `'" h O O -0 ..0 CO 3 a) '� p CO O o0 n i-. O� O w o C ate'+ E a) W O 4, ° Q V1 0 'd 5 00 O N U N OA U 0. bA M 'v y aa)) v^ id o 5 o a 0 3 0. o V .5 'd o a) ^" 2O 04 a) O �A 0 w N cd ■«3 6 O°" -5 .0 o , N 0 o id _� cam) O CO �'0 c/a c) x� V `d H .� � w y � .� q > CO U o >,C - U� o p � '> CO � CO 0 0 o , ' " y ° N � •0 U O a)a a) w cr .9 ° U 6. � b w 0 y 3 °.. ° Cr ? N V v p. 5 V 0" ..S 3 [ � W N N C ' 'v O c0 • = O'd w bN , A O = >,O t G w. CO y cr O O� y X .0 O 0 w 0. L o o0 r 6. � CO 0,E �' N a) cn Ccd % 0 N LY O . 00 ,.. a) w 01 CO d . `, -0 O aa O p 0 .-. a y ,4-,, U al) 0 5 co 3 a ° ° b o A. 0.4 ct CO o o 0 u a) > b 'd CO b o G ° o o g 5 0 0° ,� o w ' o o " ° _ ° 5 o a� e� N a) a) > G a ° o o v '3 0 a°) a 0o 4U) O tom. ,-.. w ti• Q) V •- O 3 bp Q a) -0 a)1. N O a 0 2 .� 2 •.. 0 0 v U o O cd N .5 co '> ~ e.. ,... ° v w. p a) U b C - cnd Q y p CP C .O ~U.' 0 (% 0 y0 0 •5 z (n < P. a) 0 b N O U `) a CO p, y c0. I C p^ 3 y F E 1 0 U --• (Ni M p \O W vii E" Ca a� - I O L. C • Q CO Q C 0 O _pO � d G o w ' ,, ° � O) o a a 0 c ca :� ca. '" a o tU a 5 . V el 0 U Cl" b o 0 rn Q,• to i. o ° 0 va A. co E o -- o 3 n 2 a fA a E" U o ¢ pQ U d 2012 S-31 49 Single-Family Residential (R-1) Zones 19.28.040 o 9 0 2 c� O N k ,-. C ,U = O .r�1 w O N 00 3 co N °• p ^i N O cd .. .5 cu O p ou cd crs g r, g c Oo g b cu o 3 N _ 0 a, 3 a, b v .. U . w 0 N gg• w 12 'ti cn VD ay c y yyN y .S cd v� U 0 in ti 0 U .--. a a 3 b a .-; e . 5 , Q °.) G 2 a) a)GS U o a a' 'e cv 5. a g `� ai ... a. .o - o N y c V. n o �, v c o ° a' o a, d c b.- o _ I ow a, � o " coC u bt b O I., o ° '0 0 s.-.a � .d a ° N O O o a 9 0. O V •. t ' .ckl G 0 '' .5 0 0c b O * .. O a, b b J ai h 00 G n C b C Q � " 0 O N ) ° cd 00 . p a 3 N 0 0 o y a, oi., o o ° °+ �n oo a 3 CIA o 0 3 0 o �i 0 v) o cb a', a >b ° 4:2 E- -• N F _O D O -o g H go ct V •� � V Q 3 •b 1 a a8i aai C� D -o � Q a., cil o a � N `c ° ct U y�y U O N a :j O a, a tO . •v U. a ..o � o 0 OQU • N c 6 w • V K °` a. o • ° W o b rx O� a N •i ,..o,O,o U a. W x Q Q U a. o 0 W w 6 x - N ti " n 2012 S-36 19.28.050 Cupertino-Zoning 50 19.28.050 Zoning Districts Established. Table 19.28.050 sets forth the zoning districts established. Zoning Designation Zoning Definition R1-X Single Family Residential District- Minimum lot area corresponds to the number(X), multiplied by 1,000 square feet R1-Xi Single Family Residential District Restricted to One Story (not to exceed 18 feet high) - [minimum lot area corresponds to the number(X), multiplied by 1,000 square feet preceding the `i' symbol] R1-6e Single Family Residential Eichler District(6,000 minimum lot area) R1-a Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area) (Ord. 2085, § 2 (part), 2011) 19.28.060 Site Development Regulations. Table 19.28.060 sets forth the rules and regulations for site development in the Single-Family Residential District. [Table 19.28.060 begins on next page.] 2012 S-31 51 Single-Family Residential (R-1) Zones 19.28.060 u o a .> .0 ro 2 u`13 5-o b u a) 3 a o a o CO' - CO ,j a) qoo a) t i-44 rd „, C 'O ~ 'O '5 = d ❑❑ y. a ro 0) 6-. b � C . Ocn O o o):1 � 'S aa ❑ y 04 v U�� q D" A..O O ci3 Co W 'o 70; rr C a. y by a) a) U o N w o .�.a CO a..2 . a. . aa9 � 4 - b u: 0 O cn an o~ a) a) 4 0 6) .0 `''-' O _a 8 cr 0 4.) © 5 `v a) 'n ., GO E g . rn 6 o _ a) a ? c o U 3U. a) y I z a) N .,.., at) ,n ""4 a) 11.5 u p A a 'a w ∎c) O~ 'J N . c.o O _c.9 a.,.. ua) -c, eii 6 0 cr °" o a a' 0 Q o C) a) o 0o O u•'d ❑❑ Oa N a) y CO ,--i ...I ro C P4 C b �os a e Co .= F 4 e cn o; g a) T co' at ,z, U a) 1. n O . : a U a 0 a o En ¢1 b tn p; a o v o cn V) p., cV < v) ..a a. to .5 a b w CO .0 0 's O 0 0,_ iy vi ro 174 1:i a) F, o a blob\ O 3 0 0 p m0 cn C O a) .�' aa)i OA a) a E a,G .}, E 5 O _E U V � 0 N y > w p y. 'd . 6) > R g .1 Ca H L=. w O .a WI Q Oq U O , r xi 2012 S-36 19.28.060 Cupertino- Zoning 52 0 a a) a, ai 7.4 o MI 0 iii °: a Ca O F+ b y Ca b E ° a) G up • w ti D y N G v V U aa) c�a 0 ..--, oQ °° Q V ol a) pp y a, on ? o 9• 3 o g G Q >1 w CT .b a 0 ca U col E co oo 45 «+ C v Q. '"• c ca 0 ct otu 5 5 N U a w 4 •o • 5 a. O c is v"'ib A. ° a U 'd .D u ° b a 0 o ov .� ° = N ima CI CIO to ca c '� a) °: 45 3 a�i 0 ,., a) up a a� o o .yr c a . ou - 0. a 73 0 0 3 c. a op 0 o n I. g 'O a'. •0 b o Q aa) cu = u U cii „,..,,I) T G .n qq r... 4. .. O 0 -. U ca Le) cd N O cn a C ro „ 0 b o C Cal) (L) a c o o a) 3 w oo 'd a G:d G G o o o• Q ....0 .-0- r Q y C ca, r+ 12 .t • F. .7 OA 2 'S b .5 ai C CY G C4 0 64 0,• b • ° m ° au •- =C 4 Cr 0 OA. '5 V r N Cr V - a G T „ y - . Cs. � i `s . .a a • a `� X 5 5 V y a) a) " 0ai °Aa' Nrga.000 ° G '” b N N a ° a� p_.°") "ca 'C 5 w b.()w ,a ? . U ' v▪ s d ' b Vi al N 5 9 G et 3 'O G v a° Y V d p ° ' cm b .g 5 a , Q Q .7 ..a co b vi '> N b V o0 U (--4 y q a. 2 b )2 < ..m.: ::-.4 :8 ,� 2 _ O 2012 S-31 53 Single-Family Residential (R-1) Zones 19.28.070 19.28.070 Building Development Regulations. Table 19.28.070 sets forth the rules and regulations for principal building development on properties zoned R1-5,6, 7.5, 8, 10, 20 etc., and R1-6e in the Single-Family Residential District. [Table 19.28.070 begins on next page.] 2012 S-36 19.28.070 Cupertino -Zoning 54 I- o 6) 'n Q cn V) COQ I ? -6 w N an o .'❑ y CU(/) v n C.; o ` 3 -o o N N c� 0 p b o o; t 3 cn 0 ."!.4 vi 5 O 'S w o t a. o vi >, 3 g a w cA'1.0 O dq V 0 0 U • Cri c� U ••cn Z 04 • b ,rte 0 0 C .� to o o 8 a 3 ¢ `' ., aa) •• .0 . 0.,) t.... o > w .> 3 C w N O O c`" o ti ^ :iQ w co cc; "pt ...cu a) w co W ,a CU cl,•, w b b cd cV N v G:0 cv o 0 0 w 40 '0 0 A O O O v L ) E 3 cd v A .� 3 O n w Ni of) ..° v co N , 0 = 5 0 c° 5 b 3 U cd v' o °, o v cc o o o o 5 o a cbv agi a3i a) o 3 E 3 v .�yr v ' ',".-.1 - o .0 N o Q 0 o = v) w o u0 wo Z u cd b� b� 0 0 o a) Cis C cy V Z cd LL c� p w w A. CO w ti. in E' v v g w -u a T o = g E 3 0 v n U v a c v ;.. �i., r� r� > v) 8 E .- .�t aVi cc n 0 w .0 CVO dq .Y �'bq b '� U N v '" .d cd y C-. a) .5 ) c� di) V cd L0 .0 bA cV • 'S 0• U cn cz w 'b V 3 . b a o v cn o �' d ~ >,b .. a a U o ��y o E 2 va b b o g , .- .��X++ .fir o GL cd .o c� v) 3 CU w cv .o • pi U A ui 2012 S-31 55 Single-Family Residential (R-1) Zones 19.28.070 h. 3 00 3 v o y '> '� a) N cd - U O O • . a) y a) ,- b a. pa cu o i 10 6,0 o ro a >, ° a a Cti 72 b U0 yy^ 0 0 C 0C MI w y U U •.a . O O O bq vU nj Q •� U C (n .d ON a) 0 a a • N N U co) o b o, a) cd e o ,ra, per. cd C N - ��" vi N 3 U .fl h 4• cu cd w0 y 0, a) ' G b C 3 O^ O p .0 cd cn O a) q _ � a -o cd Q' cc�d >, �., U • ❑ p o N vi cd 4 O U a C N v] t~ a) 'b a, w oo a) '= a p. _y ,,a•). cUd .� IU^'• °' a .) a 3 Lo u `� 3 v �° 3 tea°'. o 0 cfl r- LL1 c. .p W ` 4. y N U d p b `� 5 b c„v w© p 0 w G r > a y O .0 O O b O $ Ur v '� N N N a >, Ccu ro .r. w. O O ti ° v a 0 0 G o _ .0 '.s O cn- cU a .(g .2 a 0 a te • >, C) 'p. yy ' a O >.., 0 w y r >+ 0 .a Cn p. „ 6 � a O aO 2 O aO E � w cL)cn ~ O N O a) N 0 0 4" k. a)p U (n U U L � U 4. a) a `. aa w w O y w _N . w • , a) 0..) C 4-, w w id p w N N O O .D .0(A a Q Oto .-r cd N � N vi c7:1 Cl. O N 0 O >, v o .d .b oc, a) 7) a) 'S � •` 5 o c u a b •) ° a ro a) a, 01.•—•a) ` a - b i-.° cn a) 0 ) O 0, . ti•0 . � o 0 `. °� G . o • a U = 0 a) a ° o .0 0_ V) ~ 'd .0 a) te � 3 b co a) cd V 'F• t) a) - - �� >, p O Ca- >, O w N >, • u 0 .,:s .- U - Gr. y 0 U a) O a= w v) .6 u rX 3 > ci • M a, I �'' ri •> a 2 w o 2012 S-36 19.28.070 Cupertino- Zoning 56 3 ° > a o t.. o ao > ° Ca�0 ., . 'b c v C 3 ci� Y °' Cl.'o N bA o U .0 0 _ G U T W c❑� 0 a5 o .5 '• AC ) �" cd 0 y v a w w G O .0C4 a) Co a) Q 0 cn Ni> A 3 ro O O a' w G O 1 b w.te a b e, 0 e O p O C I 0 5 Eo w y U ao a 0 CO 0 v ^. 5 cu ao a) co d u U c0 U b 00 3 . 0 0 5 • 3 0 o © ° 3 b �, y • fn w •� O U as V _C I)o C.) Pn w °- a 4- cri cn cu 00 v U Cam'. G. a .E o y a 0 4) 3 E v a' b i•6 •5 cV • — 5 cO 0 0 — x) 0 a4 aJ o °: p ct .0 3 a I- > 0 0 ob o �' q o o c g cn 7 v O O rJ `" O ° '� w G i� co ro . a� m o > rn 0 3 o to c 3 '. co u • c4 o a� E •. ,° 'o � ° 3 a o E . p c N o y g Z E N 0 n • .• N 41.-.). W ET.8 W yA . . o O � w kn . r N cv -0 NZ /] aa) d A CO a; 3 F ,,, G 'a 3 'CO x tao o a) °'a.) al) > 0 0 5' ,d ._ 4 izi a g u`� � � b 0 tu a 01) cn a) N b CO ' • (I cU •G ] 0.d bq T T � t-. >, b 3 3 o. v) a E~ z is -1 a x F N w o CO N M U LO -+ N M 4 ' — N M 2012 S-31 57 Single-Family Residential (R-1 Zones 19.28.070 / u-0 g ± § ( b e . ®\ d f e % ± ] ) g \ / §. 3 &. 0• \° u o\ U§/ k Cl.) ) \ ¥ \ V ± 2 I £ � * t ° © _ O ) -\ 2 t 2 « . ± � t ' u « 3 2 a) 2 o / ; / a & .0 § § .m n B I % ° k \ 2g « — $ u 2 8 § - m § 7d � © k & } 0 3 d E E \ � � � f 0 c'...5 ) \ ° \ • ° / : ° / & § a # 2 3 2 @ 7 w ./ - ° . 2 \ .0 P ? i e 4 ° \ \ 0 § � . Ka E / 4 G m c a) 0 e e 2 t c K / � c \ $ / CO\ 7 k \ H ) \ ca E • & /\ " at .= 'ƒ S ,S tsj 0 00 _ \ CI) / \ / g c � / • / \ w % ¥ \ t e 4 2 0 « v) aat ® • z - / 2012 S-36 19.28.080 Cupertino - Zoning 58 19.28.080 Eichler (R1-e) Building Design F. Exterior walls located adjacent to side yards shall Requirements. not exceed 9 feet in height measured from the top of the R1-e single-family residential "Eichler districts" floor to the top of the wall plate. (Ord. 2085, § 2 (part), protect a consistent architectural form through the 2011) establishment of district site development regulations. Nothing in these regulations is intended to preclude a 19.28.090 Development Regulations-(R1-a). harmonious two-story home or second story addition. R1-a districts are intended to reinforce the semi-rural The following building design requirements shall be setting in neighborhoods with large lots. Variation from the met for development in the R1-e district: R1-a regulations shall require a Variance pursuant to A. Entry features facing the street shall be integrated Chapter 19.156 of the Cupertino Municipal Code in the with the roofline of the house. R1-a district. B. The maximum roof slope is 3:12(rise over run). Table 19.28.090 sets forth the rules and regulations for C. Wood or other siding material located on walls building development in the R1-a district. facing a public street (not including the garage door) shall incorporate vertical grooves, up to 6 inches apart. [Table 19.28.090 begins on next page.] D. The building design shall incorporate straight architectural lines, rather than curved lines. E. The first floor shall be no more than 12 inches above the existing grade. 2012 S-31 59 Single-Family Residential (R-1) Zones 19.28.090 c. y co co w..i..),. W U N ^ CO bA rr• En O -o Ca q c ca C n O"O b 0 ,� O ' vi CU .fl C .d w, N 0 O °■- n G ..... - 0 w O N O =C N U W U m Q ca MI kr) O� 0 -. N Cr Cl.) 0 0 0.... t. t3. w 4.. p 4..� 4..� y �N °�' o «S �n in „ 3 °' .y N __ m M N F. b �i a � � w 2 co cu R1 r O .. N .D CI4 b ca CO CO = ...... a a � b ~ E., au o .. �� w 0 0 o a,>, o E� o w ei N -N O CO N C4 N rsl OC\ cu G n = cn 00 O O U 0 U O 0 -o 0•ra _. N U w N 0 U U - O ri v.) v] 0 Cn CO Cn O y CO O 0 e Q "" O 0 .0 C0 O O s.. " C . .O N ll i.. Iii N F. A _O O.1. I O ° c. O ccs a CO c. p U O i.. N `�" is O E .0 N 3 F. .5 C ali CO ca C b 3 Cl) u CO a� au cd F. F. a b CU > = b CO m Cl) . d ° °° ` a , o �o , aa c 0 o N CO O° V ° 3 ° ° 5 b o ° v� o U o o`" ° U. as .E vl .6 ., ,s w — N Q cQ U 0 LU 2012 S-36 19.28.090 Cupertino- Zoning 60 CO O 0 .0 o 0w 0 ct •_ w . > '1 E a) O G 2 o 4. O cu cu w C w cu a. M '5 0 E E 4. 0 cu O U ct cd P.. a 3 5 a) E ai CO o 0 w gg• N h Q U U "O w w G. 0 O .D ..0 a ° 0,i• 3 p E E 0 0b CO CO O O CO N c0 .� h YO YO CO V U CO 'b w F, 00 a C/) Cl) G a� V ...O .d .v O O> cu cn cd >, T > V G 4 w �. O G O � .O ..-.. « C 4 `. q U ypp w p O O O O O O E O cd O O `t, O p �O O O N O O N G • O a �O Cl) -�O d N N N N N N N N CO .To � d N Q O■ O: O■ O O O■ Q U p E cd > cal. 9 O G CO CO CO CO CO 0 00 G cUd ti N .a 1U-. «�+ U U N N N I) G 'O c�•i y O O U Vf Cl) (n Col C/1 CI) V] V) N O v P co O Q Q .O O O O O O O4 _ w Z O Z O y w ;. w c E. r,y a) y N N 4 N U N 4. 3 a> ° g g — ri CO a a a4 a4 .1:I I N O Oki F ,5 .5 CO a) .5 g wp 3 ao CO• 0. -. .0 • . - O r. ap o O o . V OA b o . b 0 cn ' 0 CO CO id CO U G N A .0 CU E .- a w ao .5 V .N c Q a ,a br) >, 2 b b •Y CU CU b 3 3 ,a o 0 Ct w - v o aIi o 3 . v) c�G ao .5, o = 0 0 a o v) w o w o CO M V) -• N w U C] .-•• N r d tn — w C7 x ►- ^ 2012 S-31 61 Single-Family Residential (R-1) Zones 19.28.090 G 8 9 .b -ti cn g 04 7 0 W C4 .� .00 v a w .0 0 tF;, ,C b 6 � ocu �. W o A a y E R• o E v- v> w co 0 w t-, a) b ct O ❑ o b .. �, Q y 0 0 O 0 bQA a) N C O b OA 49 w O v) .r N N a) .-. Oca�� • CA O --, aT (j — cu 30 `�" w 0 a) Z v, O ._� cV cd C, C b .ay CU) 03 ti Cl. ''' 'J 'J au) u,5 I. `� w OA OA.4: � Cl) 13 '0 o " 3 a .o .5 .0 - Cl)eu t//�� U c. C7 �_ O o N a) W it .� o 2 C7 ° q o a) Cl) Q Q ,s to w a oA ?'.9 :3 CO u• .� t... C W y ' 'I. w N y ° :� ❑❑ Q 3 a oA Cl) �" c'� ad -. •4• a) C) b b •0 4. U . .. 6, ) .S rS CO C CO ^ d w G a) 0 >, 7, 0 O t~ U Cl.) N 8 •� �, c ; '3 0 b ° .. O Cl) ,, v, O ,O 000 a) t y b4 `. u O. ,5 o o N y 3 ,... .d $ o a; A w p a1) o a`'i p, a�i a�i CO E • O W Cy . rn Q C 5 = o Q6 O . . -. N u p b b j o o O a) v o., v' w w w - O 4. O O C) rn rn es «pdd — c i a). >, T >, aa)) ~ V fl C C Z .O o .. 8 a) a) a, a o a a a. 3 a. a a a Cl. d CO � o °' o ° 0 0 Cup CO- .� CO CO Co — bA o a� .5 ' p a n 0 � o 0 g g o g § p a, Q 0 h C a w a. 7 O y O G y G 'u, N ❑ .@ a.. .5 �" :_.. a) em 0 E cd O 0 A trc 00 •. b n O N M w Cd ° - N N d 2012 S-36 19.28.100 Cupertino- Zoning 62 19.28.100 Permitted Yard Encroachments. Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the Single-Family Residential district. Table 19.28.100 Permitted Yard Encroachments A. Extension of a legal non- 1. Where a building legally constructed according to existing yard and setback conforming wall line regulations at the time of construction, encroaches upon present required yards and setbacks, one encroaching side yard setback may be extended along its existing building lines if the addition receives a Minor Residential Permit' and conforms to the following: a. The extension or addition may not further encroach into any required setback and the height of the existing non-conforming wall and the extended wall may not be increased. b. The maximum length of the extension is 15 feet.' c. The extension of any wall plane of a first-story addition is not permitted to be within 3 feet of any property line. d. Only one such extension is permitted for the life of such building. 2. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance or exception, either before or after such property becomes part of the City. 3. This section does not apply to attached accessory structures such as attached carports.2 B. Architectural Features 1. May extend into a required yard a distance not exceeding 3 feet. (not including patio 2. No architectural feature, or combination thereof, whether a portion of a covers) principal or accessory structure, may extend closer than 3 feet to any property line. C. Porch post in the RI-a Posts for porches are allowed to encroach 2 feet into the required front setback. See zone Section 19.28.040 for permit requirements. D. Low, open fencing for Allowed to encroach 2 feet into the required front setback area. See Section porches in the RI-a zone 19.28.040 for permit requirements. E. Porch platform and roof May encroach 5 feet into the required front setback. See Section 19.28.040 for overhang in the R1-a zone permit requirements. F. Accessory Structures As allowed by Chapter 19.100, Accessory Structures (including attached patio covers) Notes: Does not apply in the R1-a zone 2 Only applies to properties in the RI-a zone (Ord. 2085, § 2 (part), 2011) 2012 S-31 63 Single-Family Residential (R-1) Zones 19.28.110 19.28.110 Single-Family Residential Design every twenty-four feet,with a minimum four foot depth and Guidelines and Principles. ten foot width. The offsets should comprise the full height Any new single-family residential house or addition to of the wall plane.2 an existing house shall be generally consistent with the 4. The current pattern of side setback and garage adopted single-family residential guidelines in Sections orientation in the neighborhood should be maintained. 19.28.110(A) and(B). 5. When possible,doors,windows and architectural A. Single-Family Residential Design Guidelines for elements should be aligned with one another vertically and all projects.'•2 horizontally and symmetrical in number, size and 1. There should not be a three-car wide driveway placement. curb cut. 6. In the RI-a zone, windows on the side elevations 2. No more than fifty percent of the front elevation should2: of a house should consist of garage area. a. Be fixed and obscured to a height of five feet a. In the RI-a zone,the maximum width of a garage above the second floor; on the front elevation should be twenty-five feet, which will b. Have permanent exterior louvers to a height of accommodate a two-car garage. Additional garage spaces five feet above the second floor; or should be provided through the use of a tandem garage or a c. Have sill heights of five feet or greater to mitigate detached accessory structure at the rear of the property.2 intrusion into a neighbor's privacy. 3. Living area should be closer to the street, while C. Residential Design Review Principles. Two-story garages should be set back more. homes subject to design review per Section 19.28.040(E) 4. All roofs should have at least a one-foot (except in RI-a zones) shall meet the residential design overhang. review principles below. The City of Cupertino Two-Story 5. Porches are encouraged. Design Principles are attached hereto as Appendix A and are a. In the R1-a zone, the following porch design incorporated herein by this reference. guidelines apply2: 1. An identifiable architectural style shall be i. When viewed from the street, a porch should provided; appear proportionately greater in width than in height. A 2. Design features, proportions and details shall be porch differs from an entry element, which has a consistent with the architectural style selected; proportionately greater height than its width. 3. Visual relief deemed to be appropriate by the ii. Structural supports should be designed such that Director of Community Development shall be provided; the appearance is not obtrusive or massive. 4. Materials shall be of high quality; iii. The use of large columns or pillars is 5. Ensure building mass and scale; discouraged. 6. Design with architectural integrity on all sides of iv. The eave height for a front porch should not be the structure; and significantly taller than the eave height of typical 7. The design shall reflect symmetry,proportion and single-story elements in the neighborhood. balance. v. Porch elements should have detailing that emphasizes the base and caps for posts and fence elements. Notes: 6. In RI-6e and R1-a zones, entry features should ' Refer to the Eichler Design Handbook-Fairgrove not be higher than fourteen feet from natural grade to plate! Neighborhood for additional design guidelines in B. Two-Story Design Guidelines.'•2 the R1-6e zone. 1. The mass and bulk of the design should be 2 Nonconformance with the design guidelines in the reasonably compatible with the predominant neighborhood R1-a zone shall be considered acceptable only if pattern. New construction should not be disproportionately the applicant shows that there are no adverse larger than, or out of scale with, the neighborhood pattern impacts from the proposed project. in terms of building forms, roof pitches,eave heights, ridge (Ord. 2085, § 2(part), 2011) heights, and entry feature heights. 2. The design should use vaulted ceilings rather than 19.28.120 Landscape Requirements. high exterior walls to achieve higher volume interior spaces. To mitigate privacy impacts and the visual mass and 3. Long, unarticulated, exposed second story walls bulk of new two-story homes and additions, tree and/or should be avoided since it can increase the apparent mass of shrub planting is required. The intent of this section is to the second story. provide substantial screening within three years of planting. a. In the R1-a zone, all second story wall heights A. Applicability. These requirements shall apply to greater than six feet, as measured from the second story new two-story homes, second-story decks, two-story finished floor, should have building wall offsets at least additions, modifications to the existing second-story decks 2012 S-36 19.28.120 Cupertino- Zoning 64 and/or new windows on existing two-story homes that ii. In the R1-a zone, privacy planting shall have a increase privacy impacts on neighboring residents. mini um setback spread read the noted property the City liequivalent to 1. Skylights;requirements shall not apply to: one-quarter The trees and/or shrubs shall be planted prior to a. Skylights; b. Windows with sills more than five feet above the issuance of a final occupancy permit. finished second floor; 3. Waivers. c. Obscured, non-openable windows; a. New trees and/or shrubs are not required to d. Windows with permanent exterior louvers to a replace existing front or privacy trees or shrubs if an height of five feet above the second floor; Internationally Certified Arborist or Licensed Landscape e. Non-operable windows with obscure glass to a Architect verifies that the existing trees/shrubs have the height of five feet above the second floor; and characteristics of privacy planting species, subject to f. When waivers have been obtained by all affected approval byAth the property owner(s)m nity Development.v choose o allow property owners B. Planting Plan. Proposals for a new two-story privacy planting on their own property. In such cases, the homes, second-story decks, two-story additions, applicant must plant the privacy screening prior to issuance modifications to the existing second-story decks,and/or new of a building permit. windows on existing two-story homes shall be accompanied c. The privacy mitigation measures may be modified by a planting plan which identifies the location, species and in any way with a signed waiver statement from the affected canopy diameter of existing and proposed trees or shrubs to property owner. Modifications can include changes to the meet the requirements in Section 19.28.110(C)below. number of shrubs or trees, their species or location. C. Planting Requirements. 4. Covenant. The property owner shall record a 1. Front yard tree planting. covenant with the Santa Clara County Recorder's Office that a. The tree shall be twenty-four-inch box or larger, requires the retention of all privacy planting, or use of with a minimum height of six feet. existing vegetation as privacy planting, prior to receiving a b. The tree shall be planted in front of new second final building inspection from the Building Division. This stories in the front yard setback area. regulation does not apply to situations described in i. In the R1-a zone, the tree shall be placed to subsection(C)(3)(b)of this section. where views from second story windows across the street 5. Maintenance. The required plants shall be are partially mitigated. maintained. Landscape planting maintenance includes c. The Director of Community Development may irrigation, fertilization and pruning as necessary to yield a waive the front yard tree based on a report from an growth rate expected for a particular species. internationally-certified arborist citing conflict with existing 6. Replacement.Where required planting is removed mature tree canopies onsite or in the public right-of-way. or dies it must be replaced within thirty days with privacy 2. Privacy planting. tree(s)of similar size as the tree(s)being replaced, unless it a. New trees and/or shrubs are required on the is determined to be infeasible by the Director of Community applicant's property in an area bounded by a thirty-degree Development. (Ord. 2085, § 2 (part), 2011) angle on each side window jamb. i. The following is required for all side and rear 19.28.130 Exceptions. yard-facing second story windows in the R1-6e zone: Where results inconsistent with the purpose and intent • Cover windows with exterior louvers to a height of this chapter result from the strict application of the of five feet above the second floor; or provisions hereof, exceptions to Sections 19.28.070, • Obscure glass to a height of five feet above the 19.28.080, and 19.28.110 may be granted by the Design second floor; or Review Committee. The specific procedural requirements • Have a window sill height of five feet minimum shall follow Chapter 19.12. (Ord. 2085, § 2(part), 2011) above the finished second floor. b. The Planning Division shall maintain a list of 19.28.140 Findings. allowed privacy planting trees and shrubs. The list includes Sections 19.28.140(A),(B),(C),(D),and(E)set forth allowed plant species, minimum size of trees and shrubs, the findings required for a Minor Residential Permit, expected canopy or spread size, and planting distance Two-Story Permit, Residential Design Review, and R-1 between trees. Exception approval. i. In the R1-a zone, the minimum height of privacy A. Minor Residential Permit Findings. trees at the time of planting shall be twelve feet. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 2012 S-36 65 Single-Family Residential (R-1) Zones 19.28.140 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or E. R-1 Exception Findings. The chapter will result improvements in the vicinity, and will not be detrimental to in restrictio sinconsis ent with the spirit and intent of this the public health, safety or welfare. 3. The proposed project is harmonious in scale and chapter. design with the general neighborhood. 2• The proposed development will not be injurious to property 4. Adverse visual impacts on adjoining properties to the pub ico improvements safety, health and welfare. nor be detrimental have been reasonably mitigated. 3. The exception to be granted is one that will B. Two-Story Permit Findings. require the least modification of the prescribed design 1. The project is consistent with the Cupertino regulation and the minimum variance that will accomplish General Plan, any applicable specific plans, zoning the purpose. ordinance and the purposes of this title. 4. The proposed exception will not result in 2. The granting of the permit will not result in a significant visual impact as viewed from abutting properties. condition that is detrimental or injurious to property or (Ord. 2085, § 2 (part), 2011) improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. C. Residential Design Review Findings. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The project is harmonious in scale and design with the general neighborhood. 4. The project is consistent with the two-story design principles and generally consistent with the single-family residential design guidelines. 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. D. Residential Design Review Findings, RI-a zone. 1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code. 2. The granting of this permit will not result in detrimental or injurious conditions to the property or improvements in the vicinity,or to the public health, safety, or welfare. 3. The project is generally compatible with the established pattern of building forms,building materials,and designs of homes in the neighborhood. 4. The project is generally compatible with the City's single-family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors. 5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible. 2012 S-36 67 Single-Family Residential (R-1) Zones Appendix A Appendix A: City of Cupertino Two Story Design Principles INTRODUCTION Cupertino's neighborhoods have developed over a period of decades with varying architectural styles. Two $ Y`°" " story homes with a second story to first floor ratio greater }x than 66% and homes with second story side setbacks less �' than 15 feet must offset the building massing with designs I �yw that encompass higher quality architectural features and I �' materials. " DESIGN PRINCIPLES �'" � , These design principles help integrate new homes and additions to existing homes with existing neighborhoods = i g ghborhoodsby r _ i providing a framework for the review and approval 11111 ...0-- , ii process. Where possible, additional details and examples < $ "ulli h, have been provided. Conditions not covered by these examples will be evaluated on a case-by-cases basis. DISTINGUISHING ARCHITECTURAL FEATURES 1. Provide an identifiable architectural style. Attractive homes are designed by using elements from one Cupertino. However,ldthere range re a few that havelbeen most consistent theme. It is best to work with your preferred in recent years. Annotated illustrations outlining designer to identify and carry out one style around some of the distinguishing features for five of the most the entire house. common styles are included on the following pages: 2. Design features. Proportions and details to be consistent with architectural style. 3. Provide facade articulation.The following •techniques • Arts and Crafts offer ways to mitigate the bulk of larger homes in • Mediterranean smaller scale neighborhoods and the impact of two- • Italian Villa story tall walls on adjacent neighbors and the • French Villa streetscape. French Country • Second floor setbacks • Horizontal and vertical wall plane changes • Pop outs • Bay windows RESOURCES • Chimneys The following resources may be useful to homeowners, • Wide overhangs with projecting brackets buildings, and design professionals in understanding the • Juliet balconies special qualities of specific house styles. • Belly bands • A Field Guide to American Homes • Window boxes and pot shelves • Landscaped trellises and lattices Alfred A. Knopf f 20 Oster • Projecting window trim Alfred A. Knopf 2000 • • The Abrams Guide to American House Styles Materials and color changes • Inset balconies Wilkin Morgan • Harry N. Abrams, Inc. 2004 Applied decorative features • • House Styles in America Recessed garage doors • Window trim James C. Massey • Tall trees to break up view of long walls • Penguin Studio 1996 Celebrating the American Home 4. Use high quality materials. 5. Ensure massing and scale appropriate to the Joanne Kellar ress 2 ght The Taunton P ress 2 architectural style. 2005 6. Design with architectural integrity of forms, • The Distinctive Home,A Vision of Timeless Design materials and details on all sides of the structure. Jeremiah Eck 7. mmetr The Taunton Press 2005 Provide s symmetry, proportions and balance consistent with the architectural style. 2012 S-36 1 68 Appendix A Cupertino-Zoning Arts and Crafts Style DISTINGUISHING FEATURES f 0 '` Arts and Crafts Style homes are characterized by "` , ,, - 14 . , gently pitched broad roof gables with wide cave k . „ ,® ! 5 overhangs.The visual impact of second floor spaces is ".,9 84, i often minimized by incorporating the living space into . the roof form, and utilizing gable or shed dormers for r. 14 I light and interior volume. Generously sized entry �'G ° 7 ,, . * F porches with distinctive columns and column bases are 15 6 common, as is the abundance of wood details. 16 „ i '"" � 0 t 1. Generous and slightly elevated entry porch / " � � ' _ 4 ,t- 0 1 I L 2 I !_. it I 1 1 2. Large tapered or square wood columns ,9° IN ., 3 r a '� i 3. Stone, brick, shingle, or wood paneled 11111 L -' , column base I , W.li '+ 4. Wood porch railing 5. Gabled roof ends A 1 5 "` 6. Expressed wood beam 12 5 7. Decorative wood brackets , s " 1i. 0 h 8. Wide wood window frames with divided i il 111 light panes aneS 13 . ' - u ° .s . r � , ,,.....: r� 9. Exposed rafter tails � !!]] 8 10. Decorative Arts and Crafts carriage light i�° �.' pirTtli :":1,it of ,I.�-. i. `* 11. Gable and shed dormers ' 12. Shingles and/or wood siding occasionally ,h �, 1 ,N with a small amount of stucco 13. Composition or simulated wood shake roof shingles 14. Interesting gable end window, attic vent, and/or wood details 15. Bay windows with base trim and brackets 16. Ancillary structures with matching forms, materials, and details 2012 S-31 69 Single-Family Residential (R-1) Zones Appendix A Mediterranean Style DISTINGUISHING FEATURES Mediterranean Style homes are characterized by low- pitched hip roofs, typically covered in tile. Roof overhangs 0 are generally wide, and often are accentuated by decorative O , ` brackets. Windows are typically deep set from the exterior ' =ti- 2 � .. . , wall surface, and upper story windows are smaller and less elaborate than ground floor windows. Selected windows and „ " 7 3 doors often have arched head shapes, and entries are "'. "" 4 4.accentuated by deep recessed and flanking columns attached to the wall, but are generally subdued. Facades are often -._ � � symmetrical �''� � � 1. Low pitched roof with heavy textured tiles � f Y r p 2. Wide roof overhangs for sun shading, often with 0, '' i', decorative brackets = , , 3. Stucco or stone walls 4. Deep set windows and entries, sometimes with `arched heads and/or windows accentuated with �44 ' surrounding trim r m r k a,: r-,. . 9:::;,..-..=,- 5. Decorative metal carriage lights and railings O F Ifi__Iiiiiiii*:---—----- 4,. 6. Often symmetrical massing and window layout '* ' 7. Upper floor windows smaller and less elaborate .I , 8. Supplemental sun shading at selected windows a 9. Distinctive chimney shapes and caps 0 10. Small balconies with decorative railings and r�i i -- brackets 11. Decorative columns and details a ''' 12. Decorative shutters 2012 S-36 Appendix A Cupertino-Zoning Spanish Eclectic Style DISTINGUISHING FEATURES 4' 70 Spanish Eclectic Style homes are characterized by 9 low-pitched gable and hip roofs, typically covered in reds tiles. Roof overhangs may be wide with decorative brackets or minimal with curved molding at the wall/roof : 0 � juncture. Windows are typically deep set from the exterior l�1i„� iii wall surface, and usually have projecting molding at their -: heads and sills. Selected windows and doors often have s are accentuated by deep © �, arched head shapes, and entries 4 7 recesses and heavy wood doors. Facades are generally 3 , ; informal and asymmetrical in their massing. ' 4r 1. Low pitched roofs with heavy textured red tiles 8 - overhangs may be large with decorative brackets or very small with curved molding at the wall/roof juncture 2. Stucco walls � � � �new ° K 3. Recessed entry door- often with arched head � �,T&" � „ 10 , {az .1. ” �1A. 4. Deep set windows, sometimes with arched . •°r 12 if ,. - - s a heads r 5. Informal and asymmetrical building forms }, :a , 6. Distinctive upper level balconies with metal or ` ' �. i. wood details . i 7. Wood window shutters � . 2 8. Projecting window head and sill trim k 9. Decorative tile and metal details mimil 10. Distinctive chimney shapes and caps 11. Second floor overhangs with wood beam and bracket supports 12. Casement windows with divided lights 2012 S-36 71 Single-Family Residential (R-1) Zones Appendix A Italian Villa Style DISTINGUISHING FEATURES Italian Villa Style homes are characterized in the ~: �� '''"" . 1,#.- 1 Bay Area a wide variety of forms and details drawn © ,, ,` '''i: "7` ` „,; from a variety of common Italian styles. They are e , s I frequently formal in their facade design, and often " r „ ” ' '= �- �'' symmetrical with accentuated windows and entries. `"`t: ;?`,e t, 1. Low pitched hip roof 2. Wide roof eaves, often with formal i r supporting brackets ; . tom ; C r i 3. Symmetrical or asymmetrical front facade ° " window patterns well-organized around a . � °° projecting formal entry with Italianate ). 4 7 t ; � : columns � _,. w � 4. Tall first floor windows 5. Deep set windows in grouped patterns 6. Arched window heads and/or accentuated trim above the windows 7. Projecting or recessed entries with Italianate 1 columns and/or trim 9 4 8. Projecting window heads,jambs and sills $ I ' 411!1 4144 8 ,;,tirttto .. 9. Articulated belt and trim courses v ,,.: ',4 .••,:•.' ; Ili v. 4 1 4 4 ! 2012 S-36 Appendix A Cupertino-Zoning 72 French Country Style , 11111111111111h DISTINGUISHING FEATURES , . ,� French Country Style homes are characterized by steeply pitched roofs with eaves commonly flared upward at F , N 1 \ 9 roof-wall junctions. They may be symmetrical in form and ,< - t 8 �� facade organization, but are more typically asymmetrical. Some variations include a round tower with a high, conical ,,, roof. Individual homes exhibit a wide variety in form �, 6 detailing, but are united by the strong roof form. Roof are ti 8 ; 1 covered with slate, tile or other rough-textured i 3 " ' " 'IA ' commonly t 7 materials. Roof dormers are common. Entries are often � , �.� — deep-set from the home's front wall. 1. Gable and hip roof forms with medium to steep 1, ` w E� t pitch _ $/l 2. Closed eaves 3. Stucco, stone, or brick walls ' "< -,--:,--7-----L, 4. Recessed entry vestibule with decorative molding or projecting gable 5. Articulated entry details 1 6. Casement windows with divided lights - often / recessed 7. Second floor overhangs with wood beam and decorative supports 2 8. Planter boxes, shutters, and other decorative na> .., details 9. Distinctive chimney shapes and caps 1 ' l• 6 ' 10. Gabled dormers V - a ,' i 11. Bay windows with metal roofs " ,' t "t '""'' s° ` Grp • 2012 S-31 101 Fences 19.48.040 19.48.040 Roadway and Driveway Gates. Roadway and Driveway gates are allowed if they comply with the Fire Department Standard Details and Specifications for Security Gates for access roadways and driveways and the criteria in Table 19.48.040 or the gates were in existence prior to September 20, 1999, with necessary permits, if needed. Table 19.48.040: Roadway and Driveway Gates A. R-1, R2 and R3 Zoning District A driveway gate may be installed after a Fence Exception is obtained and shall meet the following: 1. Driveway gate shall be setback a minimum of 30 feet from the front and/or street side property lines; 2. Applicant must provide evidence that the gates are needed for demonstrated security and/or demonstrated safety reasons; and 3. The Fire Department approves the locking mechanism and location of the gate. B. RHS Zoning District Gates may be used to control access to private roads and driveways provided that the design of the gate, including location, dimension and the locking mechanism, are approved by the Director of Community Development after consultation with the Fire Department. C. Other Properties Roadway and driveway gates may be approved through a fence exception if the development meets any one of the following conditions: 1. Is a mixed-use development, where the parking for different uses needs to be separated to assure availability of parking for each use 2. If a development include below-grade parking structure, where the gates are required to secure the below-grade parking; 3. If the gates are required for a development to obtain federal or State funding; 4. If the development is secluded; 5. If the gates are needed for demonstrated security and/or demonstrated safety reasons. D. Property located in other residentially zoned In addition to the requirements of Section 19.48.040C, areas the application shall also be subject to the requirements of 19.48.040A. (Ord. 2085, § 2 (part), 2011) 2012 S-36 19.48.050 Cupertino-Zoning 102 19.48.050 Proximity of Plants and Fences to 19.48.080 Violation-Penalty. Public Streets. Any person who violates the provisions of this chapter The proximity of plants and fences to public streets shall be guilty of an infraction and upon conviction thereof shall be controlled by the provisions of Chapter 14.08 of the sOrd be punished s (part),as01 provided in 1979, 1.12. (part), 2006; Ord. Municipal Code. 1998) (Ord. 2085, §2(part),2011;Ord. 1979,(part),2006; Ord. 1788, § 1 (part),), 1788, § 1 (part), 1998) 19.48.090 Prohibited Fences. 19.48.060 Exceptions-Findings. Barbed wire,razor wire,and/or electrified fencing are Where practical difficulties,unnecessary hardships,or prohibited unless required by law or regulation of the City, results inconsistent with the purpose and intent of this State or Federal Government.O1 I rd. 1979, (part), 2006) chapter result from the strict application of the provisions (Ord. 2085, § 2 (part), hereof, exceptions may be granted as provided in Chapter 19.12, and this section for all zoning districts except the RHS Zoning District, in which case a Hillside Exception must be obtained in accord with the requirements of Section 19.40.040 and Section 19.40.070. The Approval Body may grant the exception based upon the following findings: 1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare. 3. The exception to be granted is one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. 5. The proposed development is otherwise consistent with the City's General Plan and with the purpose of this chapter as described in Section 19.48.010. 6. The proposed development meets the requirements of the Santa Clara Fire Department and Sheriff's Department, and if security gates are proposed, that attempts are made to standardize access. 7. The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy. (Ord. 2085, §2(part), 2011) 19.48.070 Temporary Fences for Construction. The Chief Building Official may require persons constructing structures in the City to erect and maintain temporary fences around all or a portion of the construction site in order to secure the site from entry by the general public. (Ord. 2085, §2(part), 2011;Ord. 1979, (part), 2006;Ord. 1777, (part), 1998) 2012 S-32 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 19.100. 19.112.010 Purpose. (Ord. 2085, §2(part), 2011; Ord. 1901, (part), 2002; Ord. The purpose of this chapter is to promote the goal of 1601, Exh. A (part), 1992) affordable housing within the City through provision of additional housing in certain residential and agricultural 19.112.030 Site Development Regulations. zoning districts which would otherwise be prohibited in Site Development Regulations for Second Dwellings those districts, in a manner which minimizes adverse are as identified in Table 19.112.030. impacts to neighborhoods. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) Table 19.112.030: Site Development Regulations Lots < 10,000 s.f Lots 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-36 193 19.112.030 Cupertino-Zoning 194 Table 19.112.030: Site Development Regulations (Cont.) Lots < 10,000 s.f I 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-31 213 Parking Regulations 19.124.040 R. Parking Space Dimension Chart. Parking space dimensions shall be as shown in Table 19.124.040(A): Table 19.124.040(A) Land Use Zones Parking Ratio(2) Bicycle Bicycle Stall Parking Parking Class"' Dimensions"' Residential Single-Family R-1/RHS/ 4/DU (2 garage -I- 2 10 x 20 ea. Al/P open) Small Lot P 2.8/DU (2 garage + 10 x 20 ea. Single-family, 0.8 open) Townhouse Duplex R2 3/DU (1 ' enclosed 10 x 20 ea. + 1 '/ open) High Density R3/P 2/DU (1 covered t 1 +40% of units Class 1 9.5 x 20 ea. Multiple-Family, open) High Density Multiple Story Condominium Public/Quasi-Public/Agriculture Churches, Clubs, BQ/CG 1/4 seats + Lodges, Theaters 1/employee + Uni-size 1/special-purpose vehicle Schools and School BA/BQ 1/employee + 1/56 Offices Uni-size sq. ft. multipurpose room + 8 visitor spaces/school + 1/3 students at senior H.S. or college level Daycare Centers CG 1/6.5 students _ Uni-size Martial Arts, CG CG 1/4 students plus 1/1 +5% of auto Class 1I Uni-size Dance/Art/Music staff at any given parking Studios, Tutorial time or 1/250 Services, whichever is more specialized schools restrictive (does not include adult tutorial schools or services) Agriculture A 2 garage + 2 open 10 x 20 ea. Sanitariums and BQ 1/doctor +1/3 Uni-size Rest Homes employees + 1/6 beds 2012 S-36 19.124.040 Cupertino- Zoning 214 Table 19.124.040(A) (Cont.) Land Use Zones Parking Ratio(2) Bicycle Parking Bicycle Stall Class(' Dimensions"' Private Recreation FP 1/4 seats + Uni-size 1/employee 1/56 s q� ft. purposes Uni-size u Gyms, Auditoriums, BA/BQ floor area used + 1/employee Skating Rinks for seating without fixed seats Commercial Motels/Hotels/ CG 1/unit + 1/employee +5% of auto Class II Uni-size Lodging (2) (3) parking Restaurant/Bar and CG 1/3 seats + +5% of auto Class II Uni-size Nightclubs 1/employee + 1/36 parking sq. ft. of dance floor Restaurants without CG 1/4 seats + +5% of auto Class II Uni-size Separate Bar 1/employee + 1/36 parking sq. ft. of dance floor Restaurant - Fast CG 1/3 seats + +5% of auto Class II Uni-size Food 1/employee parking Specialty Foods CG 1/3 seats or 1/250 sq. +5% of auto Class II Uni-size ft. whichever is more parking Bowling Alleys CG 7/lane + 1/employee +5% of auto Class 11 Uni-size parking General CG 1/250 sq. ft. +5% of auto Class II Uni-size parking Industrial Manufacturing ML 1/450 sq. ft. +5% of auto Class I Uni-size parking .__ Office/Prototype ML/OA 1/285 sq. ft. +5% of auto Class I Uni-size Manufacturing parking Office Corporate/ CG/OP 1/285 sq. ft. +5% of Class I Uni-size Administrative/ auto parking General Multi-Tenant Medical and Dental CG 1/175 sq. ft. Uni-size Office - 2012 S-31 215 Parking Regulations 19.124.040 Notes: 1. Refer to Table 19.124.040(B) for uni-size stall dimensions. 2. Refer to standard details table for requirements for handicapped parking. 3. See 19.124.040(J) for stall dimensions in parking structures. 4. See 19.124.040(P) for description of bicycle parking classes. Table 19.124.040(B) Type of Parking Angle (In Stall Width Aisle Width Aisle Width Car Space Stall Degrees) (One-Way (Two-Way Depth Aisle) Aisle) (A) - (B) (B) (C) Uni-Size 0° 8.5 10.0 18.0 22.0 30° 8.5 10.0 18.0 18.0 35° 8.5 10.0 18.0 18.0 40° 8.5 10.0 18.0 18.0 - 45° 8.5 10.0 18.0 18.0 - 50° 8.5 10.0 18.0 18.0 55° 8.5 11.5 18.5 18.0 60° 8.5 13.0 19.0 18.0 65° 8.5 14.5 19.5 18.0 70° 8.5 16.0 20.0 18.0 90° 8.5 N/A 22.0 18.0 NOTES TO TABLE: * - For handicap accessible spaces, please refer to § 1118A.4 of 1994 Uniform Building Code. * - For further information, please refer to the Public Works Department Standard Details. A • e 0-C c Q a C D 2012 S-31 19.124.040 Cupertino-Zoning 216 Table 19.124.040(C): Calculating Shared Parking for Mixed-Use Developments Weekday Weekend Nighttime Weekday Weekend Nighttime Daytime Evening Daytime Evening (midnight - 6:00 a.m.) (9:00 a.m. - (6:00 p.m. - (9:00 a.m. - (6:00 p.m. - 4:00 p.m.) midnight) 4:00 p.m.) midnight) Residential 75% 100% 80% 100% 100% Office/Industrial 100% 10% 10% 5% 5% Retail 60% 90% 100% 70% 5% Hotel 75% 100% 75% 100% 10% Restaurant 100% 100% 100% 100% 10% Entertainment/ 40% 100% 80% 100% 10% Recreational 1. Determine the minimum amount of parking required for each land use as though it were a separate use; 2. Multiply each amount by the corresponding percentage for each of the five time periods; 3. Calculate the column total for each time period; 4. The column total with the highest value is the parking space requirement.2004; Ord. 1737, (part), 1996; Ord. 1657, (part), (Ord. 2085, §2(part), 2011; Ord. 2056, (part), 2010; Ord. 1940, (part), 1994; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.124.050 Exceptions-Approval Authority. A. Findings for an exception to allow substandard A. The Director of Community Development may sized parking spaces in an enclosed garage in the R-1 rict: approve the following exceptions upon making the written Singl 1 Fam�sZoning on tto be granted is one that will findings in Section 19.124.060: 1. Exceptions to this chapter for properties located require the least eas purpose.modification and the minimum variance to in: a. The Single Family (R-1) Residential Zoning to granted garage from being used t parktwo standard si standard-sized vehicles. Distrct;. The Duplex(R2) Zoning District; B. Findings for all other parking exceptions to this b. 2. Single Family homes or duplexes in a Planned chapter: The literal enforcement of this chapter will result Development District; 2. Tandem parking arrangements in residential in restrictions inconsistent with the spirit and intent of this zoning districts. chapter. granting of the exception will not be injurious B. The Design Review Committee may approve 2. The g g exce P parking exceptions for Minor applications as identified in to property or improvements in the area nor be detrimental Section 19.12.030,upon making written findings in Section to the 3 public safety, exception to and welfare.be granted is one that will 19.124.060; C. The Planning Commission may approve parking require the least modification and the minimum variance to exceptions for Major applications as identified in Section accomplish the purpose. will not result in 19.12.030, upon making written findings in Section 4. The proposed exception 19.124.060. significant impacts to neighboring properties. (Ord. 2085, § 2 (part), 2011) C. Projects proposing Alternative Parking Standards per Section 19.124.040(H) shall meet the following 19.124.060 Exceptions-Findings. conditions in addition to 19.124.060(B)(1)-(4): Exceptions se tionns to this chapter may be granted as provided which demonstrates applicant that the proposed uselisdcompat compatible with in this section. 2012 S-36 19.156.010 CHAPTER 19.156: DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND VARIANCES Section 19.156.010 Application for development permit. property involved, together with a statement of the 19.156.020 Application for conditional use circumstances which justify the various applications. permit or variance. (Ord. 2085, § 2(part), 2011) 19.156.030 Approval authority. 19.156.040 Planned development permit and 19.156.030 Approval Authority. conditional use permit-Findings and A. For development permits and variances, the conditions. Approval Body shall be as specified in Section 19.12.030. 19.156.050 Variance-Findings and conditions. B. For all conditional use permits subject to this 19.156.060 Expansion or modification of chapter, the Approval Body shall be as specified in the planned development or conditional chapter of this code that specifies the permitted, conditional use permits. and excluded uses for the zoning designation that applies to 19.156.070 Change of use. the property in question. (Ord. 2085, § 2 (part), 2011) 19.156.010 Application for Development Permit. 19.156.040 Planned Development Permit and A. Applications for a development permit, shall be Conditional Use Permit-Findings and made in accord with the requirements of Chapter 19.12,and Conditions. shall additionally contain the following: A. The decision maker may grant a planned 1. A description and map showing the location of the development permit or a conditional use permit only if all of property for which the permit or variance is sought; the following findings are made: 2. If the application is for a development permit 1. The proposed development and/or use, at the and/or a conditional use permit,plans and/or descriptions of proposed location, will not be detrimental or injurious to existing and proposed uses of the property, proposed property or improvements in the vicinity, and will not be traffic-circulation system, topographical map of the site and detrimental to the public health, safety, general welfare, or the neighboring properties, landscape plan in accord with convenience; Chapter 14.18, Landscaping Ordinance,describing in detail 2. The proposed development and/or use will be the nature of the use proposal to be conducted on the located and conducted in a manner in accord with the property. Cupertino Comprehensive General Plan,underlying zoning (Ord. 2085, § 2 (part), 2011) regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). 19.156.020 Application for Conditional Use Permit (Ord. 2085, § 2 (part), 2011) or Variance. In addition to all information required pursuant to 19.156.050 Variance-Findings and Conditions. Section 19.12.080, the following information shall be A. The Director may grant a variance from the site provided: development regulations,the parking and loading regulations A. If the application is for a conditional use permit, or the special requirements of this title applicable within any plans and/or descriptions of existing and proposed uses of district, if the Director finds: the property, and describing in detail the nature of the use 1. There are special circumstances applicable to the proposal to be conducted on the property; property (including size, shape, topography, location or B. If the application is for a variance, plans and/or surroundings)that do not apply generally to property in the descriptions of existing and proposed construction on the same district. 2012 S-36 245 19.156.050 Cupertino- Zoning 246 2. The special circumstances applicable to the not change how the property interacts with neighboring property deprive the property of privileges enjoyed by other properties. property in the vicinity and under identical zoning 2. A change from a permitted use or a conditionally classification. permitted use to a different conditional use requires the 3. The issuance of the variance will not constitute a issuance of separate conditional use permit. grant of special privileges inconsistent with the limitations (Ord. 2085, § 2(part), 2011) upon other properties in the vicinity and zoning in which such property is situated. 4. The variance is not being issued for the purpose of allowing a use that is not otherwise expressly authorized by the zone regulation governing the parcel of the property. 5. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title. 6. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, and the purpose of this title and complies with the California Environmental Quality Act(CEQA). (Ord. 2085, § 2 (part), 2011) 19.156.060 Expansion or Modification of Planned Development or Conditional Use Permits. A. Any significant expansion in building size on site area of a planned development or any significant increase of a conditional use shall necessitate the issuance of a new planned development permit or conditional use permit for the expansion in accord with the provisions of this chapter. B. Any modification to a previously approved planned development permit shall require an application for a modification to the original permit and shall be processed pursuant to the requirements of this chapter, unless the application is diverted for administrative approval,pursuant to Chapter 19.164. C. No applications for a planned development permit or conditional use permit shall be necessary for existing uses which were lawful conforming permitted uses and which were rendered conditional by reason of rezoning or change to this title, provided that any expansion in the building site or site area of such use shall be subject to the issuance of a planned development permit or conditional use permit in accord with this chapter. (Ord. 2085, § 2(part), 2011) 19.156.070 Change of Use. 1. A change from a conditional use or a permitted use to another permitted use requires a modification of the planned development permit, unless the proposed use does not change the general appearance of the project and does 2012 S-31 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, 2100 Amends contract with PERS (Not 19.56, 19.60, 19.64, 19.68, 19.72, codified) 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-36