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2014 S-44 CUPERTINO, CALIFORNIA Instruction Sheet 2014 S-44 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 11: VEHICLES AND TRAFFIC 13, 14 13, 14 TITLE 19: ZONING 51, 52 51, 52 59, 60 59, 60 63, 64 63, 64 COMPREHENSIVE ORDINANCE LIST 43, 44 43, 44 LMB (9/14) • CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2014 S-44 Supplement contains: Local legislation current through Ordinance 14-2120, passed 8-19-14 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 • COPYRIGHT © 2014 AMERICAN LEGAL PUBLISHING CORPORATION i i 13 Bicycles 11.08.250 Mariam Avenue De Anza Boulevard to Merritt Drive Both Peppertree Lane Stelling Road to Bonny Drive Both Vallco Parkway Wolfe Road to Tantau Avenue Both Bonny Drive to Shelly Drive Both McClellan Road Byrne Avenue to Stelling Road Both Shelly Drive to Terry Way Both Bollinger Road Miller Avenue to Narciso Court Both Terry Way to Rodrigues Avenue Both Rainbow Drive Rodrigues Avenue to Blaney Avenue Both (Saratoga-Sunnyvale Price Avenue Blaney Avenue to Portal Avenue Both Road) Stelling Road to DeAnza Boulevard Both McClellan Road Foothill Boulevard to Byrne Avenue Both Stevens Creek Erin Way Stelling Road to Kirwin Lane Both Boulevard East City Limit to the West City Kirwin Lane to Kim Street Both Limit Both Tantau Avenue Stevens Creek Boulevard to De Anza Boulevard Homestead Road to State Route 85 Both Barnhart Avenue Both South Stelling Road Homestead Road to Prospect Road Both Barnhart Avenue Tantau Avenue to Sterling Prospect Road Stelling Road to De Anza Boulevard Both Boulevard Both Miller Avenue Calle De Barcelona To Bollinger Miller Avenue Calle De Barcelona to Stevens Road Both Creek Boulevard Both Wolfe Road Homestead Road to Stevens Mariani Avenue Bandley Way to De Anza Boulevard Both Creek Boulevard Both Rodriguez Avenue De Anza Boulevard to Blaney Avenue Both Foothill Boulevard Interstate Route 280 to McClellan Rainbow Drive Bubb Road to Sterling Avenue Both(Ord. 2064, Road Both 2010;Ord. 1872,2001; Ord. 1864,2000;Ord. 1739, 1996; Bollinger Road Westlynn Way to the East City Limit Both Blaney Avenue Stevens Creek Boulevard to Ord. 1731 (part), 1996; Ord. 1420(part), 1987) Bollinger Road Both De Anza Boulevard Homestead Road to Bollinger Road Both 11.08.270 Prohibition of Skateboarding and Roller De Anza Boulevard State Route 85 to Prospect Road Both Skating. Rodrigues Avenue De Anza Boulevard to Blaney Avenue Both Torre Avenue Stevens Creek Boulevard to Rodrigues Avenue It is unlawful and subject to punishment in accordance Boa, with Section 11.08.280 of this chapter, for any person (Ord. 14-2120; Ord. 2091, 2012; Ord. 2063, 2010; Ord. utilizing or riding upon any skateboard, roller skates or any 1873,2001;Ord. 1870,2001;Ord. 1856, 2000;Ord. 1848, similar device to ride or move about in or on any public 2000;Ord. 1766, 1997; Ord. 1759, 1997;Ord. 1745, 1996; property when the same property has been designated by the Ord. 1740, 1996; Ord. 1731 (part), 1996; Ord. 1544, 1991; City Council and posted as a "No Skateboarding or Roller Ord. 1517, 1990; Ord. 1420(part), 1987) Skating Area." The following are established as a no skateboarding or roller skating areas: 11.08.260 Bicycle Route—Designated. Civil Center Plaza(City Hall/Library). Y � The City Manager,upon approval of the City Council, Veteran's Memorial(in Memorial Park). (Ord.2026, is authorized to erect or place signs upon any street in the 2008; Ord. 1916, (part), 2003; Ord. 1898, 2002; Ord. City indicating the existence of a bicycle route, and 1767, (part), 1997) otherwise regulating the location and use of vehicles and bicycles with respect to them, so long as the same are 11.08.280 Penalty. consistent with this chapter. Before such a sign is erected, Any person who violates any provision of this chapter the subject bicycle route shall be designated on such streets shall be guilty of an infraction, and, upon conviction by an approved sign, or in such other manner as the City thereof, shall be punished as provided in Chapter 1.12, Manager determines will provide sufficient notice of the except that no fine imposed for violation of any licensing existence of such bicycle route. and registration provisions of this chapter shall exceed ten dollars. (Ord. 1886, (part),2001; Ord. 1767, (part), 1997; DESIGNATION OF BICYCLE ROUTE Ord. 1420, (part), 1987) Street Description Side Stevens Canyon McClellan to South City Limits Both Road Bandley Drive Valley Green Drive to Stevens Creek Boulevard Both Portal Avenue Merritt Drive to Price Avenue Both Lubec Street Mary Avenue to Anson Way Both Anson Way to Milford Drive Both Milford Drive to Castine Avenue Both Castine Avenue to Greenleaf Drive Both Greenleaf Drive to Beardon Drive Both Beardon Drive to Valley Green Drive Both Valley Green Drive to Bandley Drive Both Merritt Drive Mariam Avenue to Portal Avenue Both Lazaneo Drive Bandley Drive to Forest Avenue Both Forest Avenue to Blaney Avenue Both 2014S-44 N � Table 19.28.060 Site Development Regulations RI-5 R1-6,7.5, 8, 10,20, etc., and R1-6e RI-a A. Minimum net lot areal 5,000 square feet the number multiplied by 1,000 square 10,000 square feet feet B. Minimum lot width(at the front 50 feet 60 feet 75 feet setback line) C. Landscaping See Chapter 14.15, Landscape Ordinance Landscaping plans are required for all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve a partial screening of building forms from the street and adjacent properties. Generally,the landscaping may include shrubbery, • hedges, trees, or lattice with vines p on fences. y D. Development proposed on building pads/graded area with slopes equal to or greater than 20% 1. Total site grading(cut plus 2,500 cubic yards maximum. Projects that exceed the maximum quantity shall require Architectural and Site flll)2•3 Approval per Section 19.28.040(H). 2. Fences See Chapter 19.48, Fence Ordinance E. Development(structures, 'Limited to 500 square feet. Development greater than 500 square feet shall be subject to a Hillside Exception by the improvements, or grading)on Planning Commission in accordance with section 19.40.080 of the RHS Ordinance. actual slopes z 30% . oNio 0 o� 0 N �p O N 00 W O Table 19.28.060 Site Development Regulations (Cont.) Notes: I Lots, which contain less area than required by its zoning designation,but not less than 5,000 square feet,may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. n Z Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading,but does not include 'd basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are C divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will o' be charged against the grading quantity allowed for that lot development. , 3 All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements: c i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as W well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case,the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly maintained. (Ord. 2085, §2(part), 2011) N N � O � -P Table 19.28.090 Development Regulations-(RI-a) RI-a A. Maximum lot coverage Refer to Section 19.28.070(A) B. Maximum total floor area ratio Refer to Section 19.28.070(B) C. Maximum second to first floor area ratio 1. 40% of the existing or proposed first floor area, except as follows: a. A second floor may be at least 750 square feet in area b. In no case shall a second floor be more than 1 100 square feet q in area V) D. Interior areas (measured from the floor to Refer to Section 19.28.070(D) the top of roof rafters)with heights > 16 feet E. Minimum setbacks (measured from property line) ro First floor Second floor °,' p 1. Front yard a. Minimum setback 30 feet 30 feet b. Side enterjng garage with curved Refer to Section 19.28.070(E)(1)(b) - c driveway 2. Side Yard a. Interior lot 10 feet both sides 35 feet combined(no side yard setback shall be less than 15 feet) b. Corner lot 25 feet combined side yard setback i. Interior side 10 feet 15 feet and must not be less than 20 feet from the rear property line of an adjacent single family dwelling ii. Street side Refer to Section 19.28.070(E)(2)(b)(ii) Refer to Section 19.28.070(F)(2)(b)(ii) N . GO o � N pp Table 1918.090 Development Regulations-(RI-a) (Cont,d) c. Flag lot - 20 feet from any property line 3. Rear yard 20 feet 40 feet F. Second story design regulations 1. Second to first floor wall plane The second story shall not cantilever over a first story wall plane. 2. Front-facing wall plane(s) The front-facing wall plane(s)of the second story must be offset a minimum of 3 feet from the first story wall plane(s). The intent of this regulation is to avoid a two story wall plane on the front elevation. G. Front Yard Paving 1. No more than 50% of the front yard setback area maybe covered with a combination of impervious or semi-pervious surfaces. 2. No more than 40% of the front yard setback area may be covered with an impervious surface such as G concrete or asphalt. �s H. Comer triangle Refer to Section 19.28.070(H) o I. Basements N 0 1. Number, size, and volume of Refer to section 19.28.070(1)(1) lightwells 2. Minimum setbacks for lightwell retaining walls a. Side Yard Refer to Section 19.28.070(I)(2)(a) b. Rear yard Refer to Section 19.28.070(I)(2)(b) 3. Lightwell railings Refer to Section 19.28.070(I)(3) 4. Lightwell screening Refer to Section 19.28.070(I)(4) 5. Root barrier measures Refer to Section 19.28.070(1)(5) J. Maximum height 1. Total principal building height Refer to Section 19.28.070(J)(1) rn 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.' 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.'' horizontally and symmetrical in number, size and 1. There should not be a three-car wide driveway placement. curb cut. 6. In the Rl-a zone,windows on the side elevations 2. No more than fifty percent of the front elevation should': of a house should consist of garage area. a. Be fixed and obscured to a height of five feet a. In the Rl-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.' 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 Rl-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 apply': 1. An identifiable architectural style shall be i. When viewed from the street, a porch should provided; appear proportionately greater in width than in height. A 2. Design features, proportions and details shall be porch differs from an entry element, which has a consistent with the architectural style selected; proportionately greater height than its width. 3. Visual relief deemed to be appropriate by the ii. Structural supports should be designed such that Director of Community Development shall be provided; the appearance is not obtrusive or massive. 4. Materials shall be of high quality; iii. The use of large columns or pillars is 5. Ensure building mass and scale; discouraged. 6. Design with architectural integrity on all sides of iv. The eave height for a front porch should not be the structure; and significantly taller than the eave height of typical 7. The design shall reflect symmetry,proportion and single-story elements in the neighborhood. balance. v. Porch elements should have detailing that emphasizes the base and caps for posts and fence elements. Notes: 6. In R1-6e and R1-a zones, entry features should ' Refer to the Eichler Design Handbook-Fairgrove not be higher than fourteen feet from natural grade to plate.' 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 ' Nonconformance with the design guidelines in the reasonably compatible with the predominant neighborhood Rl-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 Rl-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 2012S-36 19.28.120 Cupertino-Zoning 64 and/or new windows on existing two-story homes that ii. In the RI-a zone, privacy planting shall have a increase privacy impacts on neighboring residents. minimum setback from the property line equivalent to 1. These requirements shall not apply to: one-quarter of the spread noted on the City list. a. Skylights; C. The trees and/or shrubs shall be planted prior to b. Windows with sills more than five feet above the issuance of a final occupancy permit. finished second floor; 3. Waivers. C. Obscured, non-openable windows; a. New trees and/or shrubs are not required to d. Windows with permanent exterior louvers to a replace existing front or privacy trees or shrubs if an height of five feet above the second floor; Internationally Certified Arborist or Licensed Landscape e. Non-operable windows with obscure glass to a Architect verifies that the existing trees/shrubs have the height of five feet above the second floor; and characteristics of privacy planting species, subject to f. When waivers have been obtained by all affected approval by the Director or Community Development. property owners b. Affected property owner(s)may choose to allow 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 19.28.120(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 Rl-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. 2014S-44 43 Comprehensive Ordinance List Ord. No. Ord.No. 13-2109 Amends 14.04.170 and 18.32.390 14-2118 Amends 11.27.020, 11.27.050, regarding acceptance of public 11.27.145 regarding designation of improvements (14.04, 18.32) preferential parking zones around the 13-2110 Repealing and replacing Ch. 14.08, Civic Center Plaza(11.27) encroachments and use of city rights-of- 14-2119 Rezoning certain land(Not Codified) way(14.08) 14-2120 Amends 11.08.250 regarding 13-2111 Amends 14.12.120 regarding condition designated bicycle lanes (11.08) for development or building permit (14.12) 13-2112 Rezoning certain land(Not Codified) 13-2113 Rezoning certain land(Not Codified) 13-2114 Approving development agreement between city and Apple, Inc.; repeals Ord. 1702(Special) 13-2115 Amending Ch. 16; adding Ch. 16.02, Administrative Code; repealing and replacing Ch. 16.04, Building Code; repealing and replacing Ch. 16.06, Residential Code; repealing and replacing Ch. 16.12, Soils and Foundations- Subdivisions; repealing and replacing Ch. 16.16, Electrical Code; repealing and replacing Ch. 16.20, Plumbing Code; repealing and replacing Ch. 16.24, Mechanical Code; repealing Ch. 16.32, Swimming Pools; amends 16.36.010, 16.36.020, 16.36.030, 16.36.040, 16.36.050, 16.36.070, 16.36.120 regarding relocation of buildings; repealing 16.36.130 regarding violations-penalty for moving buildings;repealing and replacing Ch. 16.40, Fire Code; amends 16.54.010 regarding adoption of Energy Code; amends 16.58.010, 16.58.015, 16.58.040, 16.58.100 regarding the Green Building Standards Code(16.02, 16.04, 16.06, 16.12, 16.16, 16.20, 16.24, 16.32, 16.36, 16.40, 16.54, 16.58) 14-2116 Adds 9.15.100, 9.15.110, 9.15.120, 9.15.130, 9.14.140, prohibiting use of polystyrene foam disposable food service ware (9.15) 14-2117 Adds 16.58.400 and 16.58.420 to Ch. 16.58, Green Building Standards Code; amends 1.08.010, 1.08.020, 1.08.030 regarding right of entry for inspection (16.58, 1.08) 2014S-44