2015 S-47 Supplement CUPERTINO, CALIFORNIA
Instruction Sheet
2015 S-47 Supplement
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Title Page Title Page
TITLE 13: PARKS
. 1, 2 1, 2
— 9 through 12
TITLE 18: SUBDIVISIONS
23 through 28 23 through 26
TITLE 19: ZONING
1, 2 1, 2
5 through 20 5 through 20
21 through 32 21 through 32
35 through 42 35 through 42
105 through 108 105 through 108B
139 through 148 139 through 148
233 through 238 233 through 238
— 253, 254
COMPREHENSIVE ORDINANCE LIST
31, 32 31, 32
35, 36 35, 36
43, 44 43, 44
INDEX
5, 6 5, 6
21, 22 21, 22
29, 30 29, 30
37 through 40 37 through 40
47, 48 47, 48
LAM 1115
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
2,01:5 S-47 Supplement contains:
Local legislation current through Ordinance 14-2125, passed 12-16-14
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13.08.010
CHAPTER 13.08: PARK LAND DEDICATION FEE
Section
13.08.010 Purpose. 13.08.050 Park Land Dedication.
13.08.020 Definitions. A. Where the City determines that a park or
13.08.030 Applicability. recreational facility is to be located in whole or in part
13.08.040 Reserved, within the proposed development, land sufficient in
13.08.050 Park land dedication. topography and size shall be dedicated per the formula
13.08.060 Fees in lieu of park land dedication. below.
13.08.070 Combination of park land dedication
and fee. Park land dedication/DU =
13.08.080 Credit for private recreation or open (Average number of persons/DU) x (Park Acreage
space. Standard)/1000 persons
13.08.090 Credit for existing dwelling units.
13.08.100 General procedures. B. The Park Acreage Standard is three acres of
property for each one thousand persons.
13.08.010 Purpose. C. Park land dedication based on development
The purpose of this Chapter is to regulate,in the public density: Table 13.08.050 indicates the average park land
interest, convenience, health, welfare and safety, the dedication required per dwelling unit based on development
provision of park and recreational facilities upon density per the formula above (Section 13.08.050.A).
development for which dedication of land and/or payment of
a fee is required in accordance with the open space and Table 13.08.050: Park Land Dedication Formula Table
conservation element of the adopted General Plan of the City Density Average Average Park
of Cupertino, and any amendments.
(Ord. 14-2125, § 1 (part), 2014) (DU/acre) number of Land Dedication/
persons/DU DU (in acres)
13.08.020 Definitions. 0- 5 3.5 .0105
"Dwelling unit" or "unit" means a room or group of
rooms including living, sleeping, eating, cooking and 5 - 10 2.0 .0060
sanitation facilities, constituting a separate and independent
housekeeping unit, occupied or intended for occupancy on 10-20 2.0 .0060
a non-transient basis and having not more than one kitchen. 20+ 1.8 .0054
(Ord. 14-2125, § 1 (part), 2014)
10+ 1.8 .0054
13.08.030 Applicability.
Upon development of a new dwelling unit, at the Senior Citizen 1.0 .0030
option of the City, a park land dedication, or a payment of Housing
a fee in lieu thereof, or both, shall be required. Development
(Ord. 14-2125, § 1 (part), 2014) (Ord. 14-2125, § 1 (part)2014)
13.08.040 Reserved. 13.08.060 Fees in Lieu of Park Land Dedication.
A. General Standard.
1. If the City determines that a park land dedication
is not required, a fee shall be paid in lieu thereof.
2. Fees in Lieu of Land - Fifty units or Less. If a
proposed development contains fifty units or less, a fee in
lieu of park land dedication shall be paid, unless dedication
is deemed appropriate and in the public interest by the City.
2015S-47 9
13.08.060 Cupertino -Parks 10
B. Amount. The amount of the fee shall be equal to 1. The total usable open space acreage for the
the fair market value of the land prescribed for dedication development must be equivalent to the park land dedication
pursuant to Section 13.08.050.The fee shall be calculated as calculated pursuant to Section 13.08.050.
follows: 2. The open space must contain the mandatory
elements and at least four of the six optional elements
In lieu fee = ((Average Park land Dedication/DU)*(Net indicated in Table 13.08.080 below and meet the following
new dwelling units)*(Fair Market Value of land/acre)) criteria:
a. The combined minimum acreage for a facility
C. Fair Market Value of land per acre. The with a recreation center and children's play apparatus area
Department of Public Works shall establish the fair market is 1.3 acres.
value of land within the City and update the value on an b. The minimum combined acreage for a facility not
annual basis in the City's Fee Schedule. The fair market including a recreation center or children's play area is 1.5
value shall be determined by reference to comparable land acres.
within the City. As used herein, the term "comparable"
means land of similar size and development potential as the Table 13.08.080-Mandatory and Optional Elements for
land which would otherwise be dedicated. private open space
D. Use of Money.The money collected shall be paid Minimum
to the Treasurer of the City or his or her authorized agent. Acreage
Such money shall be placed in a special revenue fund which
shall be known as the"park dedication in-lieu fee fund" and Mandatory Element
shall be used for all purposes allowed by State Law.
(Ord. 14-2125, § 1 (part), 2014) Turfed playfield .50
The playfield shall be a single unit
13.08.070 Combination of Park Land Dedication of land which is generally level
and Fee. and free of physical barriers which
A. The City shall determine whether it accepts park would inhibit group play activities.
land dedication, elects to require payment of a fee in lieu,or
a combination of both a park land dedication and a fee in Optional Elements
lieu, upon consideration of the following: Children'sla apparatus area .15
1. Topography,geology,access and location of land p y
in the development available for dedication; Recreational community gardens .25
2. Size and shape of the development and land
available for dedication; Family picnic area .25
3. Feasibility of dedication;
4. Availability of previously acquired park property. Game court area .25
B. The determination of the City as to whether land Swim pool (42' x 75' with adjacent .25
shall be dedicated, or whether a fee shall be charged, or a deck and lawn areas)
combination thereof, shall be final and conclusive.
(Ord. 14-2125, § 1 (part), 2014) Recreation center buildings and .15
grounds
13.08.080 Credit for Private Recreation or Open
Space. C. The approval authority may grant park credit for
A. Where private open space for park and a combination of the above elements or a combination of the
recreational purposes is provided in a proposed above elements and other recreation improvements that will
development, fifty percent credit shall be given against the meet the specific recreation needs of a specialized housing
requirement of land dedication or payment of fees in lieu development, such as a senior housing development, with
thereof, if the approval authority finds that it is in the public occupancy controlled via a covenant with the City named as
interest to do so and that all the standards in Section a third party beneficiary.
13,08.080B, below are met and findings in Section D. Findings. The approval authority shall adopt the
13.08.080C can be made. following written findings and shall require the recordation
B. That the open space for which credit is given of covenants running with the land to ensure that credited -
complies with the following standards: elements are maintained, before credit is given: ! !
2015S-47
11 Park Land Dedication Fee 13.04.080
1. That yards, court areas, setbacks, decorative
landscape areas normally associated with residential site
design and other areas required to remain free and clear by
zoning and building ordinances and regulations shall not be
included in the computation of such private open space;
2. That such space is to be wholly or partially owned
and maintained by the future residents of the development
and that the private ownership and maintenance of the open
space is adequately provided for by recorded written
agreement, conveyance or restrictions;
3. That the use of the private open space is restricted
for park and recreational purposes by recorded covenant,
which runs with the land in favor of the future owners of
property and which cannot be eliminated without the consent
of the City or its successor;
4. That the proposed private open space is
reasonably adaptable for use for park and recreational
purposes, taking into consideration such factors as size,
shape, topography, geology, access and location;
5. That the facilities proposed for private recreation
or open space are in substantial conformance with General
Plan policies.
(Ord. 14-2125, § 1 (part), 2014)
13.08.090 Credit for Existing Dwelling Units.
When dwelling units exist on the property where
development is proposed, a credit shall be given against the
requirement of land dedication or payment of fees in lieu
thereof for the number of units existing. As used herein,the
term "existing" refers to units which exist at the time of
approval of the dwelling units or which were demolished
within one year prior to the submittal of an application for
development of the dwelling units.
(Ord. 14-2125, § 1 (part), 2014)
13.08.100 General Procedures.
A. At the time of approval of the dwelling units, the
approval authority shall determine whether a park land
dedication or a fee in lieu thereof is required unless a park
land dedication or fee has already been provided.
B. At the time of building permit application, land
shall be dedicated to the City or the fee in lieu thereof shall
be paid.
C. Open space covenants for private park or
recreational facilities shall be submitted to the City prior to
approval of the building permits and shall be recorded
simultaneously with the issuance of final occupancy.
D. If park land dedication is required, the design of
the park shall be reviewed and approved and construction
shall be completed prior to occupancy of the development.
(Ord. 14-2125, § 1 (part), 2014)
2015S-47
18.24.010
CHAPTER 18.24: DEDICATIONS AND RESERVATIONS
Section
Article I. Dedication of Streets, Alleys, Article I. Dedication of Streets, Alleys,
Rights-of-Way and Easements. Rights-of-Way and Easements.
18.24.010 Dedication of streets, alleys, and
other public rights-of-way or 18.24.010 Dedication of Streets, Alleys, and Other
easements. Public Rights-of-way or Easements.
A. As a condition of approval of a final map or
Article U. Park Land Dedication. parcel map, the subdivider shall dedicate or make an
18.24.020 Purpose. irrevocable offer of dedication of all parcels of land within
18.24.030 Requirements. the subdivision that are needed for streets and alleys,
18.24.040 General standard. including access rights and abutters'rights;drainage;public
18.24.050 Dedication of land. utility easements; bicycle paths, transit facilities, solar
18.24.060 Fees in lieu of park land dedication. access easements, park land, fire stations, libraries, access
18.24.070 Criteria for requiring both dedication to public resources and other public easements as required.
and fee. B. Improvements shall be in accordance with
18.24.080 Subdividers not within General Plan. Chapter 18.32 of this title.
18.24.090 Determination of land or fee. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
18.24.100 Credit for private recreation or open 2011; Ord. 1384, Exhibit A (part), 1986)
space.
18.24.110 Credit for existing residential units. Article U. Park Land Dedication.
18.24.120 Procedure.
18.24.130 Commencement of development. 18.24.020 Purpose.
This section is enacted pursuant to the authority
Article III. School Site Dedication. granted by the Government Code.The park and recreational
18.24.140 General. facilities for which dedication of land and/or payment of a
18.24.150 Procedure. fee is required by this chapter are in accordance with the
18.24.160 Payments to subdivider for school open space and conservation element of the adopted General
site dedication. Plan of the City of Cupertino, and any amendments.
18.24.170 Exemptions. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1384, Exhibit A (part), 1986)
Article IV. Reservations.
18.24.180 General. 18.24.030 Requirements.
18.24,190 Standards for reservation of land. A. As a condition of approval of a final subdivision
18.24.200 Procedure. map or parcel map, the subdivider shall dedicate land, pay
18.24.210 Payment to subdivider. a fee in lieu thereof, or both, at the option of the City, for
18.24.220 Termination. park or recreational purposes at the time and according to
the standards and formula contained in this chapter.
Article V. Waiver of Direct Street Access. B. The provisions of this chapter are not applicable
18.24.230 Waiver of direct street access. to the following land use categories:
1. Commercial or industrial subdivisions;
2. Condominium conversion projects or stock
cooperatives which consist of the subdivision of air space in
an existing apartment building which is more than five years
old when no new dwelling units are added;
2015 S-47 23
18.24.030 Cupertino -Subdivisions 24
3. Convalescent hospitals and similar dependent care A. When only a portion of the land to be subdivided
facilities. is proposed in the open space and conservation element of
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), the General Plan as the site for a local park,the portion shall
2011; Ord. 1384, Exhibit A (part), 1986) be dedicated for local park purposes and a fee computed
pursuant to the provisions of Section 18.24.060 shall be paid
18.24.040 General Standard. for any additional land that would have been required to be
The Park Land Dedication shall be as identified in the dedicated pursuant to Section 18.24.050.
City's General Plan and Chapter 13.08. B. When a major part of the local park or
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), recreational site has already been acquired by the City and
2011; Ord. 1384, Exhibit A (part), 1986) only a small portion of land is needed from the subdivision
to complete the site,the remaining portion shall be dedicated
18.24.050 Dedication of Land. and a fee computed pursuant to the provisions of Section
A. Where a park or recreational facility has been 18.24.060 shall be paid in an amount equal to the value of
designated in the open space and conservation element of the the land which would otherwise have been required to be
General Plan of the City, and is to be located in whole or in dedicated pursuant to Section 18.24.050,the fees to be used
part within the proposed subdivision to serve the immediate for the improvement of the existing park and recreational
and future need of the residents of the subdivision, the facility or for the improvement of other local parks and
subdivider shall dedicate land for a local park sufficient in recreational facilities in the area serving the subdivision.
size and topography to serve the residents of the subdivision. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
B. The formula for determining acreage to be 2011; Ord. 1384, Exhibit A (part), 1986)
dedicated shall be pursuant to Section 13.08.050.
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 18.24.080 Subdividers not within General Plan.
2011; Ord. 1384, Exhibit A (part), 1986) Where the proposed subdivision lies within an area not
included but to be included within the City's General Plan,
18.24.060 Fees in Lieu of Land Dedication. the subdivider shall dedicate land,pay a fee in lieu, or both,
A. General Formula.If there is no park or recreation in accordance with the adopted park and recreational
facility designated in the open space and conservation principles and standards of the City's General Plan and in --
element of the General Plan to be located in whole or in part accordance with the provisions of this chapter.
within the proposed subdivision to serve the immediate and (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
future needs of the residents of the subdivision, the 2011; Ord. 1384, Exhibit A (part), 1986)
subdivider shall, in lieu of dedicating land, pay a fee
pursuant to the formula in Section 13.08.060. 18.24.090 Determination of Land or Fee.
B. Fees in Lieu of Land—Fifty Parcels or Less.If the A. If the relationship between aproposed subdivision
proposed subdivision contains fifty parcels or less, the containing fifty parcels or more and the open space and
subdivider shall pay a fee in lieu of dedication, unless conservation element is unclear, the City Council shall
dedication is deemed appropriate and in the public interest determine whether it accepts land dedication or elects to
by the City. require payment of a fee, by consideration of the standards
C. Fair Market Value of land per acre. The Fair identified in Section 13.08.070.
Market Value of land per acre shall be established pursuant B. The determination of the City as to whether land
to Section 13.08.050C. shall be dedicated, or whether a fee shall be charged, or a
D. Use of Money.The money collected shall be paid combination thereof, shall be final and conclusive.
and used pursuant to Section 13.08.060D. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A(part), 1986)
2011; Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A
(part), 1986) 18.24.100 Credit for Private Recreation or Open
Space.
18.24.070 Criteria for Requiring Both Dedication Where private open space for park and recreational
and Fee. purposes is provided in a proposed subdivision,a credit shall
In subdivisions of over fifty parcels, the subdivider be given against the requirement of land dedication or
shall both dedicate land and pay a fee in lieu thereof in payment of fees in lieu thereof,pursuant to requirements of
accordance with the following formula: Section 13.08.080.
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1674, 1995; Ord. 1384, Exhibit A(part), 198 6) t,
2015S-47
25 Dedications and Reservations 18.24.110
18.24.110 Credit for Existing Residential Units. 18.24.150 Procedure.
Where any lot or lots of a proposed subdivision The requirement of dedication shall be imposed at the
contains existing residential units, a credit shall be given time of approval of the tentative map. If within thirty days
against the requirement of land dedication or payment of after the requirement of dedication is imposed by the City
fees in lieu thereof for each lot which contains residential the school district does not offer to enter into a binding
unit or units. As used herein,the term"existing" refers to a commitment with the subdivider to accept the dedication,the
residential unit or units which exist at the time of the requirement shall be automatically terminated.The required
recordation of a final map or which were demolished within dedication may be made any time before,concurrently with,
one year prior of the tentative map application. or up to sixty days after the filing of the final map on any
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), portion of the subdivision.
2011; Ord. 1853, § 2, 2000) (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1384, Exhibit A (part), 1986)
18.24.120 Procedure.
A. At the time of approval of the tentative 18.24.160 Payments to Subdivider for School Site
subdivision map,the City Council shall determine pursuant Dedication.
to Section 18.24.100 the land to be dedicated and/or fees to The school district shall, if it accepts the dedication,
be paid by the subdivider. repay to the subdivider or his or her successors the original
B. At the tune of the filing of the final subdivision cost to the subdivider of the dedicated land,plus a sum equal
map, the subdivider shall dedicate the land/or pay the fees to the total of the following amounts:
as previously determined by the City Council. A. The cost of any improvements to the dedicated
C. Open space covenants for private park or land since acquisition by the subdivider;
recreational facilities shall be submitted to the City prior to B. The taxes assessed against the dedicated land
approval of the final subdivision map and shall be recorded from the date of the school district's offer to enter into the
simultaneously with the final subdivision map. binding commitment to accept the dedication;
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), C. Any other costs incurred by the subdivider in
2011; Ord. 1384, Exhibit A (part), 1986) maintenance of such dedicated land, including interest costs
incurred on any loan covering such land.
18.24.130 Commencement of Development. (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
At the time of approval of the final subdivision map, 2011; Ord. 1384, Exhibit A (part), 1986)
the City Council shall specify when development of the park
or recreational facilities shall be commenced. 18.24.170 Exemptions.
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), The provisions of this article shall not be applicable
2011; Ord. 1384, Exhibit A (part), 1986) to a subdivider who has owned the land being subdivided
for more than ten years prior to the filing of the tentative
Article M. School Site Dedication. maps.
(Ord. 14-2125, § 2(part), 2014; Ord. 2085, §2 (part),
18.24.140 General. 2011; Ord. 1384, Exhibit A (part), 1986)
Unless otherwise prohibited by law, as a condition of
approval of a final subdivision map, a subdivider who Article IN. Reservations.
develops or completes the development of one or more
subdivisions within a school district shall dedicate to the 18.24.180 General.
school district such lands as the City Council shall deem to As a condition of approval of a map, the subdivider
be necessary for the purpose of constructing thereon schools shall reserve sites, appropriate in area and location, for
necessary to assure the residents of the subdivision adequate parks, recreational facilities, fire stations, libraries or
elementary school service. other public uses according to the standards and formula
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), contained in this article.
2011; Ord. 1384, Exhibit A (part), 1986) (Ord. 14-2125, § 2(part), 2014; Ord. 2085, §2(part),
2011; Ord. 1384, Exhibit A (part), 1986)
2015S-47
18.24.190 Cupertino-Subdivisions 26
18.24.190 Standards for Reservation of Land. Article V.Waiver of Direct Street Access.
Where a park, recreational facility, fire station,
library, or other public use is shown on an adopted specific 18.24.230 Waiver of Direct Street Access.
plan or adopted general plan containing a community A. The City may require as a condition of approval
facilities element, recreation and parks element and/or a of any subdivision the waiver of direct access rights to
public building element, the subdivider may be required by proposed or existing streets from any property within the
the City to reserve sites as so determined by the City or subdivision and abutting thereon.
County in accordance with the definite principles and B. Any waiver shall become effective in accordance
standards contained in the above specific plan or General with its provisions and shall be contained in the owner's
Plan.The reserved area must be of such size and shape as to certificate of the final map or parcel map.
permit the balance of the property within which the (Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
reservation is located to develop in an orderly and efficient 2011; Ord. 1384, Exhibit A(part), 1986)
manner. The amount of land to be reserved shall not make
development of the remaining land held by the subdivider
economically unfeasible.The reserved area shall conform to
the adopted specific plan or General Plan and shall be in
such multiples of streets and parcels as to permit an efficient
division of the reserved area in the event that it is not [Text continues on page 291
acquired within the prescribed period.
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1384, Exhibit A (part), 1986)
18.24.200 Procedure.
The public agency for whose benefit an area has been
reserved shall, at the time of approval of the final map or
parcel map, enter into a binding agreement to acquire ;
reserved area within two years after the completion and
acceptance of all improvements,unless the period of time is
extended by mutual agreement.
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1384, Exhibit A (part), 1986)
18.24.210 Payment to Subdivider.
The purchase price shall be the market value at the
time of the filing of the tentative map plus the taxes against
such reserved area from the date of the reservation and any
other costs incurred by the subdivider in the maintenance of
the reserved area, including interest costs incurred on any
loan covering the reserved area.
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1384, Exhibit A(part), 1986)
18.24.220 Termination.
If the public agency for whose benefit an area has been
reserved does not enter into a binding agreement, the
reservation of the area shall automatically terminate.
(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1384, Exhibit A (part), 1986)
j
2015S-47
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 (RIC) Zones
19.48 Fences
19.52 Reasonable Accommodation
19.56 Density Bonus
19.60 General Commercial (CG) Zones*
19.64 Permitted, Conditional and Excluded Uses in Office and Industrial
Zoning Districts
19.68 Administrative and Professional Office(OA & OP) Zones
19.72 Light Industrial(ML) and Industrial Park (MP) Zones
19.76 Public Building (BA), Quasi-Public Building (BQ) and Transportation
(T) Zones
19.80 Planned Development (P) Zones
19.84 Permitted, Conditional and Excluded Uses in Open Space, Park and
Recreation and Private Recreation Zoning Districts
19.88 Open Space (OS) Zones
19.92 Park and Recreation(PR) Zones
19.96 Private Recreation (FP) Zone
19.100 Accessory Buildings/Structures
19.104 Signs
19.108 Beverage Container Redemption and Recycling Centers
19.112 Second Dwelling Units in R-1, RHS, A and A-1 Zones
19.116 Conversions of Apartment Projects to Common Interest Developments
19.120 Home Occupations
19.124 Parking Regulations
19.128 Adult-Oriented Commercial Activities
19.132 Concurrent Sale of Alcoholic Beverages and Gasoline
19.136 Wireless Communications Facilities
19.140 Nonconforming Uses and Nonconforming Facilities
19.144 Development Agreements
19.148 Required Artwork in Public and Private Developments
19.152 Amendments to the Zoning Maps and Zoning Regulations
19.156 Development Permits, Conditional Use Permits and Variances
19.160 Temporary Uses
19.164 Administrative Approval of Minor Changes in Projects*
19.168 Architectural and Site Review*
19.172 Below Market Rate Housing Program
2015S-47 1
19.08.010
CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and applicability. G. Unless the context clearly indicates to the
19.08.020 General rules for construction of contrary, the following conjunctions shall be interpreted as
language. follows:
19.08.030 Definitions. 1. "And" indicates that all connected items or
Appendix A: Cupertino Standard Detail 7-2 Corner provisions shall apply;
Triangle -Controlled Intersections. 2. "Or" indicates that the connected items or
Appendix B: Cupertino Standard Detail 7-4 Corner provisions may apply singly or in any combination;
Triangle-Uncontrolled Intersections. 3. "Either. . . or" indicates that the connected items
Appendix C: Cupertino Standard Detail 7-6 or provisions shall apply singly but not in combination.
Sidewalk Site Triangle (Sidewalk H. The words"lot"and"parcel"are interchangeable.
Clearance at Driveways). I. The word "building" includes the word
Appendix D: Examples of How to Measure Sign "structure."
Area. J. All public officials,bodies,and agencies to which
reference is made are those of the City unless otherwise
indicated.
19.08.010 Purpose and Applicability. K. "City" means the City of Cupertino. (Ord.
The purpose of this chapter is to promote consistency 14-2124, §3(part),2014; Ord.2085, §2(part),2011;Ord.
and precision in the interpretation of zoning regulations. 1601, Exh. A (part), 1992)
The meaning and construction of words and phrases defined
in this chapter shall apply throughout the zoning regulations, 19.08.030 Definitions.
except where the context of such word or phrases clearly Throughout this title the following words and phrases
indicates a different meaning or construction. (Ord, shall have the meanings ascribed in this section.
14-2124, §3(part),2014; Ord.2085, §2(part),2011;Ord. A. "A" Definitions:
1601, Exh. A (part), 1992) "Abandon" means to cease or discontinue a use or
activity without intent to resume, but excluding temporary
19.08.020 General Rules for Construction of or short-term interruptions to a use or activity during periods
Language. of remodeling, maintaining, or otherwise improving or
The following general rules of construction shall apply rearranging a facility, or during normal periods of vacation
to the text of the zoning regulations: or seasonal closure.
A. The particular shall control the general. "Abutting" means having property or district lines in
B. In case of any difference of meaning or common.
implication between the text of any provision and any "Accessory building" means a building which is
caption or illustration, the text shall control. incidental to and customarily associated with a specific
C. The word "shall" is always mandatory and not principal use or facility and which meets the applicable
discretionary. The word "may" is discretionary. conditions set forth in Chapter 19.100.
D. References in the masculine and feminine genders "Accessory structure" means a subordinate structure,
are interchangeable. the use of which is purely incidental to that of the main
E. Words used in the singular include the plural,and building and which shall not contain living or sleeping
the plural includes the singular, unless the context clearly quarters. Examples include a deck, tennis courts, trellis or
indicates the contrary. car shelter. Fences eight feet or less are excluded.
F. The words"activities"and"facilities"include any "Addition"means any construction which increases the
part thereof. size of a building or facility in terms of site coverage,
height, length, width, or gross floor area ratio.
2015S-47 5
19.08.030 Cupertino- Zoning 6
"Adjacent property" means property that abuts the "Agriculture" means the tilling of the soil, the raising
subject property, including property whose only contiguity of crops, horticulture, agriculture, livestock farming,
to the subject site is a single point and property directly dairying, or animal husbandry, including slaughterhouses,
opposite the subject property and located across a street. fertilizer yards, bone yard, or plants for the reduction of
"Adult bookstore"means a building or portion thereof animal matter or any other similar use.
used by an establishment having as a substantial or "Alley" means a public or private vehicular way less
significant portion of its stock in trade for sale to the public than thirty feet in width affording a secondary means of
or certain members thereof, books, magazines, and other vehicular access to abutting property.
publications which are distinguished or characterized by "Alteration", for purposes of the Sign Ordinance,
their emphasis on matter depicting, describing or relating to means any permanent change to a sign.
"specified sexual activities"or"specified anatomical areas," "Alteration"means any construction orphysical change
as hereinafter defined. in the arrangement of rooms or the supporting members of
"Adult cabaret" means a building or portion thereof a building or structure, or change in the relative position of
used for dancing purposes thereof or area used for buildings or structures on a site, or substantial change in
presentation or exhibition or featuring of topless or appearances of any building or structure.
bottomless dancers,strippers,male or female impersonators 1. "Incidental alteration" means any alteration to
or similar entertainers, for observations by patrons or interior partitions or interior supporting members of a
customers. structure which does not increase the structural strength of
"Adult motion picture theater" means a building or the structure;any alteration to electrical,plumbing,heating,
portion thereof or area, open or enclosed, used for the air conditioning, ventilating, or other utility services,
presentation of motion pictures distinguished or fixtures, or appliances; any addition, closing, or change in
characterized by an emphasis on matter depicting,describing size of doors or windows in the exterior walls; or any
or relating to "specified sexual activities" or "specified replacement of a building facade which does not increase the
anatomical areas,"as hereinafter defined,for observation by structural strength of the structure.
patrons or customers. 2. "Structural alteration" means any alteration not
"Advertising statuary" means a structure or device of deemed an incidental alteration.
any kind or character for outdoor advertising purposes "Amusement park"means a commercial facility which
which displays or promotes a particular product or service, supplies various forms of indoor and outdoor entertainment
but without name identification. and refreshments.
"Aerial" means a stationary transmitting and/or Animal:
receiving wireless communication device consisting of one 1. Animal,Adult. "Adult animal"means any animal
or any combination of the elements listed below: four months of age or older.
1. "Antenna"means a horizontal or vertical element 2. Animal, Large. "Large animal" means any
or array, panel or dish that may be attached to a mast or a equine,bovine, sheep, goat or swine or similar domestic or
tower for the purpose of transmitting or receiving radio or wild animal, as determined by the Planning Commission.
microwave frequency signals. 3. Animal, Small. "Small animal" means animals
2. "Mast" means a vertical element consisting of a which are commonly found in single-family residential areas
tube or rod which supports an antenna. such as chickens, ducks, geese, rabbits, dogs, cats, etc.
3. "Tower" means a vertical framework of cross "Animal care" means a use providing grooming,
elements which supports either an antenna, mast or both. housing, medical care, or other services to animals,
4. "Guy wires"means wires necessary to insure the including veterinary services,animal hospitals,overnight or
safety and stability of an antenna, mast or both. short-term boarding ancillary to veterinary care, indoor or
"Affordable housing cost" means the amount set forth outdoor kennels, and similar services.
in the Health and Safety Code Section 50053, as may be "Apartment" means a room or a suite of two or more
amended. rooms which is designed for, intended for, and occupied by
"Affordable rent" means the amount set forth in the one family doing its cooking there.
Health and Safety Code Section 50053, as may be amended. "Apartment house"means a building designed and used
"Affordable units" means housing units in which the to house three or more families,living independently of each
rent does not exceed thirty percent of the HUD income other.
limits for lower and very low income households for the "Apartment project" means a rental housing
Santa Clara County Metropolitan Statistical Area, adjusted development consisting of two or more dwelling units.
for household size. "Approval Body" means the Director of Community
Development and his/her designee, the Planning
Commission or City Council depending upon context.
2015S-47
6A Definitions 19.08.030
"Architectural feature"means any part or appurtenance
of a building or structure which is not a portion of the living
area of the building or structure. Examples include:
cornices,canopies,eaves,awnings,fireplaces,or projecting
window elements. Patio covers or any projection of the
floor area shall not constitute an architectural projection.
"Architectural projection," for purposes of the Sign
Ordinance, means any permanent extension from the
structure of a building, including the likes of canopies,
awnings and fascia.
"Atrium" means a courtyard completely enclosed by
walls and/or fences.
"Attic" means an area between the ceiling and roof of
a structure, which is unconditioned (not heated or cooled)
and uninhabitable.
"Automotive service station" means a use providing
gasoline,oil,tires, small parts and accessories,and services
incidental thereto,for automobiles,light trucks, and similar
motor vehicles. Automotive maintenance and repair(minor)
may be conducted on the site. The sale of food or grocery
items on the same site is prohibited except for soft drinks
and snack foods,either from automatic vending machines or
from shelves. The sale of alcoholic beverages on the site is
governed by Chapter 19.132.
"Automotive repair and maintenance (minor)" means
the supplying of routine automotive services such as
lubrication,engine tune-ups, smog certificates, servicing of
tires, brakes, batteries and similar accessories, and minor
repairs involving engine accessories. Any repair which
requires the engine, drive train, transmission assembly,
exhaust system, or drive train parts to be removed from a
motor vehicle or requires the removal of internal parts shall
not be considered minor. Body and paint shop operations
are not minor repairs or maintenance.
"Average slope" means the ratio between vertical and
horizontal distance expressed in percent; the mathematical
expression is based upon the formula described below:
S = IxLx100
A
S = Average slope of ground in percent
I = Contour interval in feet
L = Combined length in feet of all contours on parcel
A = Area of parcel in square feet.
B. "B" Definitions:
"Banner" means a temporary display consisting of
fabric, canvas,plastic or paper material which is attached to
a building, vehicle, pole or other form of support.
2015S-47
7 Definitions 19.08.030
"Basement" means any floor below the first story in a "Centerline"means the centerline as established by the
building that is fully submerged below grade except for County Surveyor of Santa Clara County,the City Engineer,
lightwells required for light, ventilation and emergency or by the State Division of Highways of the State of
egress. A basement may have a maximum exterior wall California.
height of two feet between natural grade and ceiling. "Changeable copy sign" means any sign, or portion,
"Block" means any lot or group of contiguous lots which provides for each manual changes to the visible
bounded on all sides by streets, railroad rights-of-way, or message without changing structural surfaces, including the
waterways, and not traversed by any street, railroad likes of theater marquees and gasoline service station price
right-of-way or waterway. signs, but excluding electronic readerboard signs and signs
"Boarding house" means any building used for the which display the current time or temperature.
renting of rooms or providing of table board for from three "Change of face"means any changes to the letter style,
to five persons,inclusive,over the age of sixteen years,who size, color, background, or message.
are not members of the same family. "Change of use" means the replacement of an existing
"Building" means any structure used or intended for use by a new use, or a change in the nature of an existing
supporting or sheltering any use or occupancy when any use, but not including a change in ownership, tenancy or
portion of a building is completely separated from every management where the previous nature of the use, line of
other portion by a "Fire Barrier" as defined by the business, or other function is substantially changed.
California Building Code,then each portion shall be deemed "Child"means a person who is under eighteen years of
to be a separate building. age.
1. "Attached building" means buildings which are "Child day care facility" means a facility, licensed by
structurally connected by any structural members or wall, the State or County, which provides non-medical care to
excluding decks, patios or fences. children in need of personal services, supervision, or
"Building coverage" means that portion of the net lot assistance essential for sustaining the activities of daily
area encompassed within the outermost wall line which living or for the protection of the individual on less than a
defines a building enclosure. twenty-four-hour basis. Child day care facility includes day
"Building frontage"means the length or the surface of care centers, employer sponsored child-care centers and
the building wall which faces, and is visible to the general family day care homes.
public from, a private or public right-of-way or driveway. "Church" means a use providing facilities for
"Business"or"commerce"means the purchase,sale or organized religious worship and religious education
other transaction involving the handling or disposition of any incidental thereto, but excluding a private educational
article, substance or commodity for profit or livelihood, facility. A property tax exemption obtained pursuant to
including,in addition,office buildings,offices,shops for the Section 3(f) of Article XIII of the Constitution of the State
sale of personal services, garages, outdoor advertising signs of California and Section 206 of the Revenue and Taxation
and structures, hotels and motels, and recreational and Code of the State of California, or successor legislation,
amusement enterprises conducted for profit. constitutes prima facie evidence that such use is a church as
"Business or trade school" means a use, except a defined in this section.
college or university, providing education or training in "College" or "university" means an educational
business,commerce,language,or similar activity or pursuit, institution of higher learning which offers a course of studies
and not otherwise defined as a home occupation. designed to culminate in the issuance of a degree or defined
C. "C" Definitions: by Section 94110 of the Education Code of the State of
"Canopy" means any roof-like structure, either California, or successor legislation.
attached to another structure or freestanding, or any "Collocation"means the placement of aerials and other
extension of a roof line, constructed for the purpose of facilities belonging to two or more communication service
protection from the elements or aesthetic purposes in providers on a single mast or building.
connection with outdoor living. "Commercial district," for purposes of the Sign
"Car shelter" means a roofed structure or a part of a Ordinance,means an area of land designated for commercial
building not enclosed by walls, intended and designed to use in the current Cupertino General Plan.
accommodate one or more vehicles. "Commercial recreation" means a use providing
"Caretaker" means a person or persons employed for recreation,amusement,or entertainment services,including
the purpose of protecting the principal use of the property or theaters,bowling lanes,billiard parlors,skating arenas,and
structure. similar services, operated on a private or for-profit basis,
but excluding uses defined as outdoor recreation services.
2015S-47
19.08.030 Cupertino- Zoning 8
"Common interest development"means the following, long or late hours of operation and in relatively small
all definitions of which are based upon Civil Code Section buildings, but excluding delicatessens and other specialty
4100 or subsequent amendments: food shops and establishments which have a sizable
1. A condominium project; assortment of fresh fruits, vegetables, and fresh-cut meats.
2. A community apartment project; "Corner triangle" means a triangular-shaped area
3. A stock cooperative; or bounded by the following, unless deemed otherwise by the
4. A planned development. City Engineer:
"Community center"means aplace,structure,area,or 1. The intersection of the tangential extension of
other facility used for and providing religious, fraternal, front and street side property lines as formed by the
social and/or recreational programs generally open to the intersection of two public rights-of-way abutting the said
public and designated to accommodate and serve a property lines; and
significant segment of the community. 2. The third boundary of the triangular-shaped area
"Community organization" means a nonprofit shall be a line connecting the front and side property lines at
organization based in the City and whose activities benefit a distance of forty feet from the intersection of the tangential
the City, its residents, employees, or businesses. extension of front and side property lines.
"Concession" means a benefit offered by the City to "Comer triangle,"for purposes of the Sign Ordinance,
facilitate construction of eligible projects as defined by the means a triangular-shaped area of land adjacent to an
provisions of this chapter. Benefits may include,but are not intersection of public rights-of-way, as further defined in
limited to, priority processing, fee deferments and waivers, Cupertino Standard Details Drawings Nos. 7-2 and 7-4.
granting of variances,and relaxation of otherwise applicable (See Appendix A, Cupertino Standard Detail 7-2; Corner
permit conditions or other concessions required by law. Triangle-Controlled Intersections, and B, Cupertino
"Condominium conversion" or "Conversion" means a Standard Detail 7-4; Corner Triangle-Uncontrolled
change in the type of ownership of a parcel (or parcels) of Intersections for details.)
land, together with the existing attached structures, to that "Court" means an open, unoccupied space, other than
defined as a common interest development,regardless of the a yard, on the same lot with a building or buildings and
present or prior use of such land and structures and whether which is bounded on two or more sides by such building or
substantial improvements have been made or are to be made buildings,including the open space in a house court or court
to such structure. apartment providing access.
"Condominium project" or "project" includes the real "Covered parking" means a carport or garage that
property and any structures thereon, or any structures to be provides full overhead protection from the elements with
constructed thereon, which are to be divided into ordinary roof coverings. Canvas, lath, fiberglass and
condominium ownership. vegetation are not ordinarily roof coverings and cannot be
"Condominium units" or "units" means the individual used in providing a covered parking space.
spaces within a condominium project owned as individual D. "D" Definitions:
estates. Day care center' means any child day care facility,
"Congregate residence"means any building or portion licensed by the State or County,other than a family day care
which contains facilities for living, sleeping and sanitation, home, and includes infant centers,preschools,and extended
as required by the California Building Code and may include day care facilities.
facilities for eating and cooking for occupancies other than Day Care Home, Family. "Family day care home"
a family. A congregate residence may be a shelter, convent means a home, licensed by the State or County, which
or monastery but does not include jails, hospitals, nursing regularly provides care, protection and supervision for
homes, hotels or lodging houses. fourteen or fewer children,in the provider's own home,for
"Convalescent facility" means a use other than a periods of less than twenty-four hours per day, while the
residential care home providing inpatient services for parents or guardian are away, and includes the following:
persons requiring medical attention, but not providing 1. "Large-family day care home," which means a
surgical or emergency medical services, home which provides family day care for seven to fourteen
"Convenience market" means a use or activity that children, inclusive, including children under the age of ten
includes the retail sale of food, beverages, and small years who reside at the home, as set forth in the California
personal convenience items, including sale of food in Health and Safety Code Section 1597.465;
disposable containers primarily for off-premises 2. "Small-family day care home," which means a
consumption, and typically found in establishments with home which provides family day care to eight or fewer
children, including children under the age of ten years who tiJ
resides at the home, as set forth in the California Health and
Safety Code Section 1597.44.
2015S-47
9 Definitions 19.08.030
"Decorative statuary," for purposes of the Sign Driveway, Curved. "Curved driveway" means a
Ordinance, means any structure or device of any kind or driveway with access to the front property line which enters
character placed solely for aesthetic purposes and not to the garage from the side at an angle of sixty degrees or
promote any product or service. greater to the front curbline and which contains a functional
"Demonstrated safety" means a condition requiring twenty-foot-deep parking area that does not overhang the
protection from the threat of danger, harm, or loss, front property line.
including but not limited to the steepness of a roadway or "Duplex" means a building, on a lot under one
driveway that may create a hazardous parking situation in ownership,containing not more than two kitchens,designed
front of a gate. and used to house not more than two families living
"Demonstrated security" means a condition requiring independently of each other.
protection from the potential threat of danger,harm or loss, "Dwelling unit" means a room or group of rooms
including but not limited to a location that is isolated and including living, sleeping, eating, cooking and sanitation
invisible from public view or that has experienced facilities, constituting a separate and independent
documented burglary, theft, vandalism or trespassing housekeeping unit, occupied or intended for occupancy by
incidences, one family on a nontransient basis and having not more than
"Density bonus" means a density increase over the one kitchen.
otherwise maximum allowable residential density in E. "E" Definitions:
accordance with the provisions of Chapter 19.56 as of the "Economically feasible"means when a housing project
date of the project application. can be built with a reasonable rate of return. The housing
"Developer" means the owner or subdivider with a developer's financial ability to build the project shall not be
controlling proprietary interest in the proposed common a factor.
interest development, or the person or organization making Emergency Shelter:
application, or a qualified applicant who has entered into a "Emergency shelter,permanent"means a facility that
development agreement pursuant to the procedures specified provides temporary housing with minimal supportive
in Chapter 19.144. services and meets criteria in Section 19.76.030(3).
"Development agreement" means a development "Emergency shelter, rotating" means a facility that
agreement enacted by legislation between the City and a provides temporary housing with minimal supportive
qualified applicant pursuant to Government Code Sections services and meets criteria in Section 19.76.030(2).
65864 through 65869.5. "Employee Housing" means accommodations for
"Development standard" means a site or construction employees as defined by Health and Safety Code 17008, as
regulation, including, but not limited to, a setback may be amended.
requirement, a floor area ratio, and onsite open-space "Enclosed"means a covered space fully surrounded by
requirement,or a parking ratio that applies to a development walls, including windows, doors and similar openings or
pursuant to any ordinance, general plan element, specific architectural features, or an open space of less than one
plan, charter, or other local condition, law, policy, hundred square feet fully surrounded by a building or walls
resolution, or regulation. exceeding eight feet in height.
"District" means a portion of the property within the "Entry feature" means a structural element, which
City within which certain uses of land, premises and leads to an entry door.
buildings are permitted and certain other uses of land, "Equestrian center" means a facility for the shelter,
premises and buildings are prohibited, and within which display, exhibition, keeping, exercise or riding of horses,
certain yards and other open spaces are required and certain ponies or mules, or vehicles drawn by such animals, with
building site areas are established for buildings, all as set related pasture lands, corrals and trails.
forth and specified in this title. "Equipment yard" means a use providing for
"Drinking establishment" means an activity that is maintenance, servicing or storage of motor vehicles,
primarily devoted to the selling of alcoholic beverages for equipment or supplies; or for the dispatching of service
consumption on the premises. vehicles;or distribution of supplies or construction materials
"Drive-through establishment"means an activity where required in connection with a business activity,public utility
a portion of retailing or the provision of service can be service,transportation service,or similar activity,including
conducted without requiring the customer to leave his or her but not limited to, a construction material yard, corporation
car, yard, vehicular service center or similar use.
"Driveway" means any driveway that provides direct F. "F" Definitions:
access to a public or private street. "Facility"means a structure,building or other physical
contrivance or object.
2015S-47
19.08.030 Cupertino- Zoning 10
1. "Accessory facility" means a facility which is 7. In all zones except residential, permanently
incidental to, and customarily associated with a specified roofed, but either partially enclosed or unenclosed building
principal facility and which meets the applicable conditions features used for sales, service, display, storage or similar
set forth in Chapter 19.80. uses.
2. "Noncomplying facility" means a facility which "Floor area" shall not include the following:
is in violation of any of the site development regulations or 1. Basements with lightwells that conform to Section
other regulations established by this title, but was lawfully 19.28.060I;
existing on October 10, 1955, or any amendment to this 2. Lightwells;
title, or the application of any district to the property 3. Attic areas;
involved by reason of which the adoption or application the 4. Parking facilities, other than residential garages,
facility becomes noncomplying. (For the definition for accessory to a permitted conditional use and located on the
"nonconforming use" see the definition "use" in this same site;
chapter.) 5. Roofed arcades, plazas, walkways, porches,
3. "Principal facilities means a main building or breezeways, porticos, courts and similar features not
other facility which is designed and constructed for or substantially enclosed by exterior walls.
occupied by a principal use. "Floor area ratio" means the maximum ratio of gross
"Family" means an individual or group of persons floor area on a site to the total site area.
living together who constitute a bona fide single "Foot-lambert" means a unit measurement of the
housekeeping unit in a dwelling unit. "Family" shall not be brightness of light transmitted through or reflected from an
construed to include a fraternity, sorority, club, or other object or surface.
group of persons occupying a hotel, lodging house, or "Freeway"means any public roadway so designated by
institution of any kind. the State of California.
"Fence" means a man-made structure which is "Front wall" means the wall of a building or other
designed, intended or used to protect, defend or obscure the structure nearest the street upon which the building faces,
interior property of the owner from the view, trespass or but excluding certain architectural features as defined in this --
passage of others upon that property. chapter.
"Fence height" means the vertical distance from the G. "G" Definitions:
highest point of the fence(excluding post caps)to the finish "Garage" means an accessory building (completely
grade adjoining the fence. In a case where the finish grade enclosed) or an attached building used primarily for the
is different for each side of the fence, the grade with the storage of motor vehicles.
highest elevation shall be utilized in determining the fence "Gasoline service station" means any place of business
height, which offers for sale any motor vehicle fuel to the public.
"First floor" means that portion of a structure less than "Grade" or 'finished grade"means the lowest point of
or equal to twenty feet in height, through which a vertical adjacent ground elevation of the finished surface of the
line extending from the highest point of exterior construction ground paving, or sidewalk, excluding areas where grade
to the appropriate adjoining grade,passes through one story. has been raised by means of a berm,planter box, or similar
"Flag"means any fabric,banner,or bunting containing landscaping feature,unless required for drainage,within the
distinctive colors, patterns, or symbols,used as a symbol of area between the building and the property line, or when the
a government, political subdivision, or other entity. property line is more than five feet from the building,
"Floor area" means the total area of all floors of a between the building and a line five feet from the building.
building measured to the outside surfaces of exterior walls, "Gross lot area" means the horizontal area included
and including the following: within the property lines of a site plus the street area
1. Halls; bounded by the street centerline up to thirty feet distant from
2, Base of stairwells; the property line, the street right-of-way line and the
3. Base of elevator shafts; extended side yard to the street centerline.
4. Services and mechanical equipment rooms; "Guest room" means a room which is intended,
5. Interior building area above fifteen feet in height arranged or designed to be occupied by occasional visitors
between any floor level and the ceiling above; or nonpaying guests of the occupants of the dwelling unit in
6. Basements with lightwells that do not conform to which the room is located, and which contains no kitchen
Section 19.28.060I; facilities.
1
2015S-47
11 Definitions 19.08.030
H. "H" Definitions: "Hospital" means a facility for providing medical,
"Habitable floor" means the horizontal space between psychiatric or surgical services for sick or injured persons,
a floor area of at least seventy square feet and the ceiling primarily on an inpatient basis, and including ancillary
height measuring at least seven feet six inches above it, facilities for outpatient and emergency treatment,diagnostic
except for a kitchen which shall have a ceiling height not services, training, research, administration, and service to
less than seven feet above the floor. patients, employees or visitors.
"Habitable space" means space in a structure for "Hotel"means a facility containing rooms or groups of
living, sleeping, eating or cooking. Bathrooms, toilet rooms, generally without individual kitchen facilities, used
compartment, closets, halls, storage or utility space and or intended to be used by temporary overnight occupants,
similar areas are not considered habitable space. whether on a transient or residential occupancy basis, and
"Heavy equipment" means any mechanical or whether or not eating facilities are available on the premises.
motorized device that is not a vehicle or a commercial Hotel includes motel, motor hotel, tourist court, or similar
vehicle as defined in Section 19.08.030(V), including, but use,but does not include mobilehome parks or similar uses.
not limited to, a backhoe,cement mixer, crane,ditch witch, "Household pets" means small animals commonly
dozer,earth mover,generator,grader,tractor or any similar found in residential areas such as chickens, ducks, geese,
device. rabbits, dogs, and cats, but excluding animals such as any
"Height" means a vertical distance measured parallel bovine or equine animal, or any goat, sheep or swine. This
to the natural grade to the highest point of exterior title does not regulate the keeping of small household pets,
construction, exclusive of chimneys, antennas or other such as fish, birds or hamsters, which is incidental to any
appurtenances, except that entry features are measured to permitted use. However,no animal including household pets
the top of the wall plate. may be kept, maintained and/or raised for commercial
Height restriction shall be established by establishing purposes except where permitted with required permits.
a line parallel to the natural grade. "Household type" means whether the occupants of the
"Height", for purposes of the Accessory housing units are very low income,lower income,moderate
Buildings/Structures, encompasses the entire wall plane income, or senior citizens.
nearest the property line, including roof, eaves, and any "Housing development" means for the purposes of
portion of the foundation visible above the adjoining finished Chapter 19.56, Density Bonus, a development project for
grade, five or more residential units. For the purposes of that
chapter, "housing development" also includes a subdivision
or common interest development, approved by the City that
consists of residential units or unimproved residential lots
and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or the
TIE71 at11
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substantial rehabilitation of an existing multifamily dwelling,
P
as defined in Government Code Section 65863.4(d), where
Entry
Feature the result of the rehabilitation would be a net increase in
available residential units.
I. "I" Definitions:
Natural "Industrial district," for purposes of the Sign
Grade Ordinance, means all ML districts and any other zoning
classifications which are consistent with the industrial
HEIGHT LIMIT FOR ENTRY FEATURES designation of the Cupertino general plan.
"Institutional district," for purposes of the Sign
"Home occupation" means a business, profession, Ordinance, means all BQ, PR, FP, and BA districts and
occupation or trade activity which is performed by the other zoning classifications and uses which are considered
resident(s) of a dwelling unit within that dwelling unit, or a institutional in nature and are consistent with the institutional
yard area or garage associated with that dwelling unit, or a or quasi-public designation of the general plan.
yard area or garage associated with that unit, for purposes J. "J" Definitions:
of generating income,by means of the manufacture, and/or "Junkyard" means the use of more than two hundred
sale of goods and/or services, but which activity is clearly square feet of the area of any lot for the storage or keeping
incidental to the use of the dwelling for residential purposes. of junk, including scrap metals or other scrap material,
and/or for the dismantling or wrecking of automobiles or
other vehicles or machinery.
2015S-47
19.08.030 Cupertino-Zoning 12
K. "K" Definitions: dwelling unit, for overnight occupancy on a residential
"Kitchen" means an area in habitable space used for occupancy basis, whether or not meals are provided to the
the preparation of food and including at least three of the person. Lodging shall be subject to the residential density
following: requirements of the district in which the use is located.
1. Cooking appliance(s) or provision for a cooking "Lodging unit" means a room or group of rooms not
appliance (such as 220V outlets, gas connections and space including a kitchen, used or intended for use by overnight
for appliances between counters; occupants as a single unit, whether located in a hotel or a
2. Counter; dwelling unit providing lodging where designed or used for
3. Refrigerator; occupancy by more than two persons; each two-person
4. Sink. capacity shall be deemed a separate lodging unit for the
L. "L" Definitions: purpose of determining residential density;each two lodging
"Landscaping" means an area devoted to or developed units shall be considered the equivalent of one dwelling unit.
and maintained with native or exotic planting, lawn, ground 1. "Lot"means a parcel or portion of land separated
cover, gardens, trees, shrubs, and other plant materials, from other parcels or portions by description, as on a
decorative outdoor landscape elements, pools, fountains, subdivision or record of survey map, or by metes and
water features, paved or decorated surfaces of rock, stone, bounds, for purpose of sale, lease or separate use. "Corner
brick, block or similar material (excluding driveways, lot" means a lot situated at the intersection of two or more
parking, loading or storage areas), and sculptural elements. streets, or bounded on two or more adjacent sides by street
"Late evening activities" means an activity which lines.
maintains any hours of operation during the period of eleven 2. "Flag lot"means a lot having access to a street by
p.m. to seven a.m. means of a private driveway or parcel of land not otherwise
"Legal substandard lot"means any parcel of land or lot meeting the requirement of this title for lot width.
recorded and legally created by the County or City prior to 3. "Interior lot" means a lot other than a corner lot.
March 17, 1980, which lot or parcel is of less area than 4. "Key lot" means the first lot to the rear of a
required in the zone; or lots or parcels of record which are corner lot, the front line of which is a continuation of the
reduced to a substandard lot size as a result of required side line of the corner lot, and fronting on the street which
street dedication unless otherwise provided in the City of intersects or intercepts the street on which the comer lot
Cupertino General Plan. The owner of a legally created, fronts.
substandard property which is less than six thousand square 5. "Lot area" means the area of a lot measured
feet but equal to or greater than five thousand square feet horizontally between boundary lot lines, but excluding a
may utilize such parcel for residential purposes. The owner portion of a flag lot providing access to a street and lying
of a legally created parcel of less than five thousand square between a front lot line and the street, and excluding any
feet may also develop the site as a single-family residential portion of a lot within the lines of any natural watercourse,
building site if it can be demonstrated that the property was river, stream, creek, waterway, channel or flood control or
not under the same ownership as any contiguous property on drainage easement and excluding any portion of a lot within
the same street frontage as of or after July 1, 1984. a street right-of-way whether acquired in fee, easement or
"Lightwell" means an excavated area required by the otherwise.
Uniform Building Code to provide emergency egress, light "Lot coverage" means the following:
and ventilation for below grade rooms. 1. "Single-family residential use" means the total
"Liquor store" means a use requiring a State of land area within a site that is covered by buildings,including
California "off-sale general license" (sale for off-site all projections,but excluding ground-level paving,landscape
consumption of wine, beer and/or hard liquor) and having features, lightwells, and open recreational facilities.
fifty percent or more of the total dollar sales accounted for 2. "All other uses except single-family residential"
by beverage covered under the off-sale general license, means the total land area within a site that is covered by
"Living space" means habitable space and sanitation. buildings, excluding all projections, ground-level paving,
"Loading space" means an area used for loading or landscape features, and open recreational facilities.
unloading of goods from a vehicle in connection with the use "Lot depth" means the horizontal distance from the
of the site on which such space is located. midpoint of the front lot line to the midpoint of the rear lot
"Lodging" means the famishing of rooms or groups of line, or to the most distant point on any other lot line where
rooms within a dwelling unit or an accessory building to there is no clear rear lot line.
persons other than members of the family residence in the
2015S-47
13 Definitions 19.08.030
"Lot line" means any boundary of a lot. "Massage parlor"means a building or portion thereof,
1. "Front lot line" means on an interior lot, the lot or a place where massage is administered for compensation
line abutting a street, or on a corner lot, the shorter lot line or from which a massage business or service for
abutting a street, or on a flag lot, the interior lot line most compensation is operated which is not exempted or regulated
parallel to and nearest the street from which access is by the Massage Establishment Ordinance as contained in
obtained. Title 9, Health and Sanitation of the Cupertino Municipal
2. "Interior lot line" means any lot line not abutting Code, Chapter 9.06.
a street. "Maximum allowable residential density"for purposes
3. "Rear lot line" means the lot line not intersecting of Chapter 19.56, Density Bonus, means the maximum
a front lot line which is most distant from and the most allowable density allowed under the zoning ordinance and
closely parallel to the front lot line. A lot bounded by only land use element of the general plan. For purposes of that
three lot lines will not have a rear lot line. Chapter, if the maximum density allowed under the zoning
4. "Side lot line" means any lot line which is not a ordinance is inconsistent with the density allowed under the
front or rear lot line. land use element of the general plan, the general plan
5. "Street lot line" means any lot line abutting a density shall prevail.
street. "Minor change"means an alteration or modification of
"Lot of record" means a lot which is part of a an existing plan, development or project which is
subdivision recorded in the office of the County Recorder, substantially inferior in bulk, degree or importance to the
or a lot or parcel described by metes and bounds which has overall dimension and design of the plan, development or
been recorded. project with no change proposed for the use of the land in
"Lot width"means the horizontal distance between side question, no change proposed in the character of the
lot lines, measured at the required front setback line. structure or structures involved, and no variance required.
"Lower-income household"means a household whose "Mobilehome" means a vehicle, other than a motor
gross income does not exceed that established by Health and vehicle, designed or used as semipermanent housing,
Safety Code Section 50079.5, as may be amended. designed for human habitation, for carrying persons and
M. "M" Definitions: property on its own structure, and for being drawn by a
"Major renovation," for purposes of Chapter 19.116, motor vehicle, and shall include a trailer coach.
means any renovation for which an expenditure of more than "Mobilehome park" means any area or tract of land
one thousand dollars was made. where lots are sold, rented, or held out for rent to one or
"Major repair,"forpurposes of Chapter 19.116,means more owners or users of mobilehomes, excluding travel-
any repair for which an expenditure of more than one trailers, for the purpose of permanent or semipermanent
thousand dollars was made. housing.
"Manufacturing" means a use engaged in the "Moderate income household" means a household
manufacture, predominantly from previously prepared whose gross income does not exceed that established by
materials,of finished products or parts,including processing Section 50093 of the Health and Safety Code, as may be
fabrication,assembly,treatment,packaging of products,but amended.
excluding basic industrial processing of extracted or raw "Multiple-family use" means the use of a parcel for
materials, processes utilizing inflammable or explosive three or more dwelling units which may be in the same
material (i.e., materials which ignite easily under normal building or in separate buildings on the same parcel.
manufacturing conditions), and processes which create N. "N" Definitions:
hazardous or commonly recognized offensive conditions. "Natural grade"means the contour of the land prior to
"Massage" means any method of pressure on or improvements or development,unless otherwise established
friction against or stroking, kneading, rubbing, tapping, by a City approved grading plan that is part of a subdivision
pounding, vibrating or stimulating the external parts of the map approval.
human body with the hands or with any mechanical or
electrical apparatus or other appliances or devices with or "Nightclub" means an establishment providing
without such supplementary aides as rubbing alcohol, alcoholic beverage service and late evening (past eleven
liniment,antiseptic, oil,powder,cream,lotion,ointment or p.m.) entertainment, with or without food service.
other similar preparations. O. "O" Definitions:
"Office" means:
2015S-47
19.08.030 Cupertino -Zoning 14
1. "Administrative or executive offices" including intended as interim improvements of property subject to
those pertaining to the management of office operations or removal at a later date.
the direction of enterprise but not including merchandising "Parking space" means an area on a lot or within a
or sales services. building, used or intended for use for parking a motor
2. "Medical office" means a use providing vehicle, having permanent means of access to and from a
consultation, diagnosis, therapeutic, preventative or public street or alley independently of any other parking
corrective personal treatment services by doctors, dentists, space, and located in a parking facility meeting the
medical and dental laboratories, and similar practitioners of requirements established by this title. Parking space is
medical and healing arts for humans, licensed for such equivalent to the term "parking stall" and does not include
practice by the State of California and including services driveways, aisles or other features comprising a parking
related to medical research, testing and analysis. facility as previously defined in this chapter.
3. "Professional offices" such as those pertaining to "Pennant" means any lightweight plastic, fabric, or
the practice of the professions and arts including, but not other material, whether or not containing a message of any
limited to, accounting, architecture, dentistry, design, kind, suspended from a rope, wire, or string, usually in a
engineering, including associated testing and prototype series, designed to move in the wind.
development, but excluding product manufacturing and/or "Permit" means a permit issued by the City Council,
assembly,law and medicine,but not including sale of drugs Planning Commission,Design Review Committee,Director
or prescriptions except as incidental to the principal uses and of Community Development, or any other decision body as
where there is external evidence of such incidental use. empowered by the Cupertino Municipal Code, approving
4. "Office district," for purposes of the Sign architecture, site improvements,buildings, structures, land
Ordinance,means those buildings or groups of buildings for and/or uses. Permits may include but shall not be limited to
which the permitted uses are professional offices, is within Administrative Approvals, Two-story Permits, Minor
an OA or OP zone or which are designated for offices on the Residential Permits, Architectural and Site Approvals,
general plan. Development Permits,Conditional Use Permits,Exceptions,
"Offset" means the indentation or projection of a wall Variances or Subdivision Maps.
plane. "Person" means an individual, group, partnership, {
"Open"means a space on the ground or on the roof of firm, association, corporation, trust, governmental agency,
a structure, uncovered and unenclosed. governmental official, administrative body, or tribunal or
"Organizational documents" means the declaration of any other form of business or legal entity.
restrictions, articles of incorporation, bylaws and any "Personal fitness training center" means a facility
contracts for the maintenance, management or operation of providing space and equipment,with or without supervision,
all or any part of a common interest development. for group or individual athletic development,increased skill
"Outdoor recreation use" means a privately owned or development in sports activity, or rehabilitative therapy for
operated use providing facilities for outdoor recreation athletic injury,
activities, including golf, tennis, swimming, riding or other "Perspective drawing" means a rendering of a
outdoor sport or recreation, operated predominantly in the three-dimensional view depicting the height, width, depth,
open,except for accessory or incidental enclosed services or and position of a proposed structure in relation to
facilities. surrounding properties and structures when viewed from
P. "P" Definitions: street level.
"Park" means any open space, reservation, "Picnic area" means a facility providing tables and
playground,swimming pool, golf course,recreation center, cooking devices for preparation and consumption of meals
or any other area in the City owned or used by the City or out of doors or within an unenclosed shelter structure.
County and devoted to active or passive recreations. "Practice range" means a facility providing controlled
"Parking area" means an unroofed, paved area, access to fixed or movable objects which are used to test and
delineated by painted or similar markings, intended and measure accuracy of discharge from a weapon.
designed to accommodate one or more vehicles. "Private educational facility"means a privately owned
"Parking facility" means an area on a lot or within a school, including schools owned and operated by religious
building, or both, including one or more parking spaces, organizations,offering instruction in the several branches of
together with driveways, aisles, turning and maneuvering learning and study required to be taught in the public schools
areas, clearances and similar features, and meeting the by the Education Code of the State of California.
requirements established by this title. Parking facility "Project improvements" means all public road _
includes parking lots, garages and parking structures. improvements, undergrounding utility improvements, and f
1. "Temporary parking facility"means parking lots improvements to the on-site utility networks as required by
which are not required under this title and which are the City of Cupertino for a common interest development.
2012S-31
15 Definitions 19.08.030
"Projection" means architectural elements, not part of "Recyclable materials" means discards or waste
the main building support, that cantilevers from a single materials that may be separated or mixed, collected and
building wall or roof, involving no supports to the ground processed, and used as raw materials for new products. For
other than the one building wall from which the element purposes of Chapter 19.108, recyclable material does not
projects. include hazardous materials.
"Promotional device"means any sign,display,fixture, 'Recycling center" means a facility for the collection
placard, vehicle or structure.that uses color,form, graphic, and/or processing of recyclable materials. Recycling center
symbol, illumination or writing to advertise a special event does not include storage containers or processing activity
or the opening of a new business. located on the premises of a commercial or manufacturing
"Property" means real property which includes land, use and use solely for the recycling of material generated by
that which is affixed to the land, and that which is incidental that business or manufacturer.
or appurtenant to the land as defined in Civil Code Sections 1. "Recycling center, Certified" or "Certified
658 through 662. Processor" means a recycling facility certified by the
1. Property, Adjoining. "Adjoining property" California Department of Conservation as meeting the
means any unit of real property, excluding lands used as requirements of the California Beverage Container
public streets, sharing one or more common points with Recycling and Litter Reduction Act of 1986.
another property. 2. 'Recycling center,Mobile"means an automobile,
"Provider" means a person who operates a child day truck, trailer or van licensed by the Department of Motor
care home and is licensed by the State of California. Vehicles, which is used for the collection of recyclable
"Public dancehall" is a building or portion used for material. A mobile recycling center also means the bins,
dancing purposes to and in which the general public is boxes or containers transported by trucks, vans, or trailers
admitted and permitted to dance, upon payment of any fee and used for the collection of recyclable materials.A mobile
other than compensation, or upon payment of a charge for recycling center may consist of an enclosed vehicle such as
admission, or for which tickets or other devices are sold, or box cab or enclosed semi-trailer or an open vehicle such as
in which a charge is made for the privilege of dancing with a flatbed trailer with bins or boxes to contain recyclable
any other person employed for such purpose by the operator materials.
of the establishment, including but not limited to taxi 'Recycling facilities" may include the following:
dances, but excluding restaurants, hotel rooms and a. "Collection facility" means a facility for the
nightclubs in which the dancing is incidental only to other acceptance (donation, redemption or sale) of recyclable
entertainment. materials from the public. Such a facility does not use
Q. "Q" Definitions: power-driven processing equipment except as indicated in
"Qualified applicant" is a person who has a legal or standards and conditions, in Chapter 19,108, Beverage
equitable interest in real property which is the subject of a Container Redemption. Collection facilities may include the
development agreement, determined pursuant to Section following:
19.116.070. Qualified applicant includes an authorized i. Reverse vending machine(s);
agent. ii. Small collection facilities which occupy an area
"Qualifying resident" for purposes of Chapter 19.56, of not more than five hundred square feet, and may include:
Density Bonus,of this Code,means a senior citizen or other (A) A mobile recycling unit,
persons eligible to reside in a senior citizen housing (B) Bulk reverse vending machine or a grouping of
development. reverse vending machines occupying more than fifty square
R. "R" Definitions: feet,
"Recreational open space" means open space within a (C) Kiosk type units and bulk vending machines,
common interest development (exclusive of required front (D) Unattended containers placed for the donation of
setback areas) which shall be used exclusively for leisure recyclable materials;
and recreational purposes, for the use and enjoyment of iii. Large collection facilities which may occupy an
occupants (and their visitors) of units on the project and to area of more than five hundred square feet, or is on a
which such occupants (and their visitors) have the right of separate property not appurtenant to a host use, and may
use and enjoyment. Accessory structures such as swimming include permanent structures.
pools, recreational buildings and landscaped areas may be
included as open space.
2015S-47
19.08.030 Cupertino -Zoning 16
b. "Processing facility"means a building or enclosed in disordered or otherwise handicapped(W&I Code
space use for the collection and processing of recyclable Section 5000 et seq.), alcoholism or drug abuse recovery or
materials. Processing means the preparation of material for treatment facilities (H&SC Section 11384.11), and other
efficient shipment or to an end-user's specifications,by such similar care facilities.
means as baling, briquetting, compacting, flattening, "Residential district" for purposes of the Sign
grinding,crushing,mechanical sorting,shredding,cleaning, Ordinance, means the Rl, RHS, R2, R3, R1C, A, and Al
and remanufacturing. Processing facility includes the zoning classifications which are consistent with the
following: residential designation of the Cupertino general plan.
i. A light processing facility occupies an area of Restaurant:
under forty-five thousand square feet of gross collection, 1. Restaurant, Fast-Food. "Fast-food restaurant"
processing and storage area and has up to two outbound means a retail food service establishment in which prepared
truck shipments per day. Light processing facilities are foods or beverages are served or sold on or in disposable
limited to baling, briquetting, crushing, compacting, containers, including those establishments where a
grinding, shredding and sorting of source-separated substantial portion of the patrons may serve themselves and
recyclable materials and repairing of reusable materials may consume the food and beverages off-site. A separate
sufficient to qualify as a certified processing facility. A bar facility for serving alcoholic beverages is not permitted.
light processing facility shall not shred, compact, or bale Any area, tables or rooms reserved for serving alcoholic
ferrous metals other than food and beverage containers. beverages shall be considered a separate bar facility.
ii. A heavy processing facility is any processing Specialty food stores, such as ice cream stores, bakeries or
facility other than a light processing facility. shops, shall not be considered fast-food restaurants.
"Religious institution" means a seminary, retreat, 2. Restaurant, Full Service. "Full-service
monastery,conference center,or similar use for the conduct restaurant" means any restaurant which is not a fast-food
of religious activities including accessory housing incidental restaurant. Alcoholic beverages may be served with meals
thereto, but excluding a private educational facility. Any at a customer's dining table;however,a separate bar facility
use for which a property tax exemption has been obtained for serving alcoholic beverages is not permitted without a
pursuant to Section 3(f) of Article XIII of the Constitution use permit.
of the State of California and Section 206 of the Revenue "Reverse vending machine(s)" means an automated
and Taxation Code of the State of California, or successor mechanical device which accepts one or more types of
legislation, or which is used in connection with any church empty beverage containers, including, but not limited to
which has received such an exemption, shall be prima facie aluminum cans, glass and plastic bottles, and issues a cash
presumed to be a religious institution. refund or a redeemable credit slip with a value not less than
"Research and development" means a use engaged in the containers redemption value,as determined by the State.
study, design, analysis and experimental development of A reverse vending machine may sort and process containers
products, processes or services, including incidental mechanically provided that the entire process is enclosed
manufacturing of products or provisions of services to within the machine. In order to accept and temporarily store
others. all three container types in a proportion commensurate with
"Residential care facility" means a building or portion their relative redemption rates,and to meet the requirements
designed or used for the purpose of providing of certification as a recycling center, multiple grouping of
twenty-four-hour-a-day nonmedical residential living reverse vending machines may be necessary.
accommodations pursuant to the Uniform Building,Housing 1. A bulk reverse vending machine is a reverse
and Fire Codes,in exchange for payment of money or other vending machine that is larger than fifty square feet; is
consideration,where the duration of tenancy is determined, designed to accept more than one container at a time; and
in whole or in part,by the individual resident's participation will pay by weight instead of by container.
in group or individual activities such as counseling,recovery S. "S" Definitions:
planning,medical or therapeutic assistance.Residential care "Screened"means shielded,concealed,and effectively
facility includes, but is not limited to, health facilities as hidden from view at an elevation of up to eight feet above
defined in California Health and Safety Code (H&SC) ground level on adjoining parcels,or from adjoining parcels,
Section 1250 et seq., community care facilities (H&SC within ten feet of a lot line, by a fence, wall,hedge, berm,
Section 1500 et seq.), residential care facilities for the or similar structure, architectural or landscape feature, or
elderly (H&SC Section 1569 et seq.), or facilities for the combination thereof.
i
}
2015S-47
17 Definitions 19.08.030
"Second dwelling unit" means an attached or a "Shopping center" means a group of commercial
detached residential dwelling unit which provides complete establishments, planned, developed, owned or managed as
independent living facilities for one or more persons. It a unit, with off-street parking provided on the parcel.
shall include permanent provisions for living, sleeping, "Shopping center,"for purposes of the Sign Ordinance,
eating, cooking and sanitation on the same parcel as the means a retail entity encompassing three or more tenants
single-family dwelling is situated. within a single building or group of buildings, but within
"Senior citizens" means: which individual business located in defined tenant spacesare
1. Persons at least sixty-two years of age; or owned and managed separately from the shopping center
2. Persons at least fifty-five years of age in a senior management.
citizen housing development, in accordance with State and "Sidewalk site triangle" is a triangular shaped area
federal law. described in Cupertino Standard Detail 7-6, (See Appendix
"Senior citizen housing development"means a housing C, Cupertino Standard Detail; Sidewalk Site Triangle
development with at least thirty-five dwelling units as (Sidewalk Clearance at Driveway)).
defined in the Civil Code Section 551.3, or a mobilehome "Sign"means any device,fixture,placard,or structure
park that limits residency based on age requirements for that uses any color,form,graphic,illumination,symbol,or
housing for older persons pursuant to Section 798.76 or writing to advertise,announce the purpose of,or identify the
799.5 of the Civil Code, as may be amended. purpose of a person or entity, to communicate information
"Setback line" means a line within a lot parallel to a of any kind to the public.
corresponding lot line, which is the boundary of any 1. "Animated sign" means any sign which projects
specified front, side or rear yard, or the boundary of any action, motion or the illusion thereof, changes intensity of
public right-of-way or private road,whether acquired in fee, illumination or changes colors, including the likes of
easement, or otherwise, or a line otherwise established to balloons, banners and flags, and blowing or air-powered
govern the location of buildings, structures or uses. Where attractions, but excluding electronic readerboard signs and
no minimum front, side or rear yards are specified, the signs that display the current time or temperature.
setback line shall be coterminous with the corresponding lot 2. "Blade sign" means a pedestrian oriented sign,
line. adjacent to a pedestrian walkway or sidewalk, attached to a
Setback Area, Required. "Required setback area" building wall,marquee, awning or arcade with the exposed
means open space, unoccupied and unobstructed from the face of the sign in a plane perpendicular to the plane of the
ground upward, except as provided in this title,between the building wall.
lot line and the setback line on the same parcel. 3. "Development identification sign" means a
1. Setback Area, Required Front Yard. "Required ground sign at the major entry to a residential development
front-yard setback area" means the setback area extending with twenty units or more meant to identify the name and
across the front of a lot between the front lot line and the address of the development.
setback line. Front yards shall be measured either by a line 4. "Directional sign" means any sign which
at right angles to the front lot line, or by a radial line in the primarily displays directions to a particular area,location or
case of a curved front lot line, except flag lots which is the site.
area extending across the full extent of the buildable portion 5. "Directory sign" means any outdoor listing of
of the flag lot measured from the property line which is occupants of a building or group of buildings.
parallel to and nearest the street line and at which point the 6. 'Electronic readerboard sign"means an electronic
lot width equals a minimum of sixty feet. The Director of sign intended for a periodically-changing advertising
Community Development shall have the discretion to modify message.
the provisions of this definition when it improves the design 7. "Freeway oriented sign"means any sign which is
relationship of the proposed buildings to adjacent buildings located within six hundred sixty feet and visible from a
or parcels. freeway right-of-way as defined by Section 5200 of the
2. Setback Area, Required Rear Yard. "Required California Business and Professions Code.
rear-yard setback area"means the area extending across the 8. "Garage sale signs" means any sign used for
full width of the lot between the rear lot line and the nearest advertising a garage or patio sale as defined in Chapter 5.16
line or point of the main building. of the Cupertino Municipal Code.
3. Setback Area, Required Side Yard. "Required 9. "Ground sign" means any sign permanently
side-yard setback area"means the area between the side lot affixed to the ground and not supported by a building
line and the nearest line of a building, and extending from structure. The height of the sign shall be measured from the
the front setback line to the rear setback line. grade of the adjoining closest sidewalk to the top of the sign
including trim.
2015S-47
19.08.030 Cupertino -Zoning 18
10. "Identification sign" means any sign whose sole 22. "Projecting sign" means any sign other than a
purpose is to display the name of the site and the names of wall sign that is attached to and projects from a structure or
the occupants, their products or their services. building face or wall.
11. "Illegal sign" means any sign or advertising 23. "Real estate sign" means a temporary sign
statuary which was not lawfully erected,maintained,or was indicating that a particular premises is for sale,lease or rent.
not in conformance with the provisions of this title in effect 24. "Roof sign" means a sign erected between the
at the time of the erection of the sign or advertising statuary lowest and highest points of a roof.
or which was not installed with a valid permit from the City. 25. "Street address sign"means any sign that displays
12. "Illuminated sign" means any sign utilizing an only the street address number(s) of the site and, at the
artificial source of light to enhance its visibility. option of the property owner, the street name.
13. "Informational sign" means any sign which 26. "Temporary sign" means any sign, display,
promotes no products or services, but displays service or banner or promotional device which is designed or intended
general information to the public, including the likes of to be displayed only during the allowable business hours or
hours of operation, rest room identifications and hazardous for short periods of time as specified by the Director of
warnings. Community Development.
14. "Landmark sign" means an existing, legal 27. "V-shaped signs" means any sign consisting of
non-conforming ground sign that has a distinctive two vertical faces, or essentially vertical faces, with one
architectural style. common edge and which appears as the letter V when
15. "Nonconforming sign" means any sign or viewed directly from above.
advertising statuary that was legally erected and had 28. "Vehicle sign" means a sign painted on or
obtained a valid permit in conformance with the ordinance attached to an operable or movable vehicle; in the case of
in effect at the time of the erection of the sign but which motor vehicles, "operable"shall be defined as having a valid
became nonconforming due to the adoption of the ordinance license plate.
codified in this title. 29. "Wall sign" means any sign that is attached,
16. "Obsolete sign" means any sign that displays erected or painted on a structure attached to a building, a
incorrect or misleading information, promotes products or canopy structure, or the exterior wall of a building with the
services no longer available at that site or identifies departed exposed face of the sign parallel to the wall.
occupants. 30. "Window sign"means any sign that is intended to
17. "Off-site sign"means any sign not located on the be read from outside of the structure or painted on a window
premises of the business or entity indicated or advertised by facing a public street, parking lot, pedestrian plaza or
the sign. This definition shall include billboards, poster walkway accessible to the public.
panels, painted bulletins and other similar advertising "Sign area" for an individually lettered sign without a
displays. background, is measured by enclosing the sign copy with a
18. "On-site sign"means a sign directing attention to continuous perimeter in simple rectilinear forms. (See
a business,commodity, service or entertainment conducted, Appendix D for examples of sign area calculation.)
sold or offered upon the same premises as those upon which The sign area for a sign with borders and/or
the sign is maintained. background is measured by enclosing the exterior limits of
19. "Political sign" means a temporary sign that the border or background with a single continuous
encourages a particular vote in a scheduled election and is perimeter. The necessary supports, uprights, and/or the
posted prior to the scheduled election. base on which such sign is placed, shall be excluded from
20. "Portable signor display"means any outdoor sign the sign area.
or display not permanently attached to the ground or a When a sign is separated by thirty-six inches or more,
structure on the premises it is intended to occupy and the area of each part may be computed separately.
displayed only during business hours. Portable sign or "Single-family use" means the use of a parcel for only
display includes A-frames, flower carts, statues, and other one dwelling unit.
similar devices used for advertising as determined by the "Specialty food stores" means uses such as bakeries,
Director. donut shops, ice cream stores, produce markets and meat
21. "Project announcement sign" means any markets, or similar establishments where food is prepared
temporary sign that displays information pertinent to a and/or sold primarily for consumption off the premises.
current or future site of construction, including the likes of
the project name, developers, owners and operators,
completion dates, availability and occupants.
2015S-47
19 Definitions 19.08.030
"Site," for purposes of the Sign Ordinance, means a "Structure"means that which is built or constructed,an
piece of land as shown on a subdivision map, record of edifice or building of any kind, or any piece of work
survey map or assessor's parcel map, which constitutes one artificially built up or composed of parts joined together in
development site and which may be composed of a single some definite manner.
unit of land or contiguous units under common ownership, 1. Structure,Recreational. "Recreational structure"
control, or development agreement. means any affixed accessory structure or portion, which
"Special event," for purposes of the Sign Ordinance, functions for play, recreation or exercise(e.g.,pool slides,
means a temporary promotional event including, but not playhouses, tree houses, swings, climbing apparatus,
limited to, a special sale on merchandise or services, or gazebos, decks, patios, hot tubs and pools) but does not
grand openings. include portable play structures, such as swings or climbing
"Special event banner" means any temporary sign apparatus.
constructed of pliable materials such as canvas,fabric,vinyl "Structurally attached" means any structure or
plastic or similar materials which will withstand exposure to accessory structure or portion thereof,which is substantially
wind and rain without significant deterioration, and which attached or connected by a roof structure or similar physical
does not require a building permit for its construction, or attachment.
installation outside of a building. "Supportive housing" (per CA Government Code
"Specified anatomical areas" means: 65582(f), as may be amended)means housing with no limit
1. Less than completely and opaquely covered on length of stay, that is occupied by the target population,
human genitals, pubic region, buttocks and female breast and that is linked to onsite or offsite services that assist the
below a point immediately above the top of the areola; and supportive housing resident in retaining the housing,
2. Human male genitals in a discernibly turgid state, improving his or her health status, and maximizing his or
even if completely and opaquely covered. her ability to live and, when possible, work in the
"Specified sexual activities" means: community.
1. Human genitals in a state of sexual stimulation or T. "T" Definitions:
arousal; "Target population" (per CA Government Code
2. Acts of human masturbation, sexual intercourse 65582(g), as may be amended) means persons with low
or sodomy; incomes having one or more disabilities, including mental
3. Fondling or other erotic touching of human illness, HIV or AIDS, substance abuse, or other chronic
genitals, pubic region, buttocks or female breast. health conditions, or individuals eligible for services
"Story" means that portion of a building, excluding a provided under the Lanterman Developmental Disabilities
basement, between the surface of any floor and the surface Services Act(Division 4.5(commencing with Section 4500)
of the next floor above it, or if there is no floor above it, of the Welfare and Institutions Code).
then the space between the floor and the ceiling next above "Transient" means any individual who exercises
it. occupancy or is entitled to occupancy by reason of
"Street" means a public or private thoroughfare the concession, permit, right of access, license or other
design of which has been approved by the City which agreement for a period of thirty consecutive calendar days
affords the principal means of access to abutting property, or less, counting portions of calendar days as full days, and
including avenue, place, way, drive, lane, boulevard, including any individual who actually physically occupies
highway, road, and any other thoroughfare except an alley the premises, by permission of any other person entitled to
as defined in this chapter. occupancy.
1. —Street, Public. "Public street" means all streets, "Transitional housing" (per CA Government Code
highways,lanes,places, avenues and portions and including 65582(h), as may be amended)means buildings configured
extensions in the length and width, which have been as rental housing developments,but operated under program
dedicated by the owners to public use, acquired for public requirements that call for the termination of assistance and
use, or in which a public easement for roadway purposes recirculation of the assisted unit to another eligible program
exists. recipient at some predetermined future point in time, which
"Street frontage," for purposes of the Sign Ordinance, shall be no less than six months from beginning of
means the length of a site along or fronting on a public or assistance.
private street,driveway or other principal thoroughfare,but "Trim" means the molding, battens, cappings, nailing
does not include such length along an alley, watercourse, strips, lattice and platforms which are attached to a sign.
railroad right-of-way or limited access roadway or freeway.
2015S-47
19.08.030 Cupertino-Zoning 20
U. "U" Definitions: 2. Vehicle,Recreation. "Recreation vehicle"means
"Use" means the conduct of an activity, or the a vehicle towed or self-propelled on its own chassis or
performance of a function or operation, on a parcel or in a attached to the chassis of another vehicle and designed or
building or facility. used for temporary dwelling, recreational or sporting
1. "Accessory use" means a use which is incidental purposes. The term recreation vehicle includes, but is not
to and customarily associated with a specified principal use. limited to, trailers, motor coach homes, converted trucks
2. "Conditional use" means a use listed by the and buses, and boats and boat trailers.
regulations of any particular district as a conditional use "Very low income household" means a household
within that district, and allowable solely on a discretionary whose gross income does not exceed that established by
or conditional basis, subject to issuance of a conditional use Health and Safety Code Section 50105, as may be amended.
permit, and to all other regulations established by this title. "Visual privacy intrusion" means uninterrupted visual
3. "Nonconforming use" means a use which is not access from a residential dwelling or structure into the
a permitted use or conditional use authorized within the interior or exterior areas of adjacent residential structures,
district in which it is located, but which was lawfully which area is either completely or partially private,designed
existing on October 10, 1955; or the date of any for the sole use of the occupant, and/or which serves to
amendments thereto,or the application of any district to the fulfill the interior and/or exterior privacy needs of the
property involved, by reason of which adoption or impacted residence or residences.
application the use became nonconforming. (See W. "W" Definitions:
"noncomplying facilities" in this chapter for a definition.) None.
4. "Permitted use" means a use listed by the X. "X" Definitions:
regulations of any particular district as a permitted use None.
within that district,and permitted therein as a matter of right Y. "Y" Definitions:
when conducted in accord with the regulations established "Yard"means an area within a lot, adjoining a lot line,
by this title. and measured horizontally, and perpendicular to the lot line
5. "Principal use" means a use which fulfills a for a specified distance, open and unobstructed except for
primary function of a household, establishment, institution, activities and facilities allowed therein by this title.
or other entity. 1. "Front yard" means a yard measured into a lot
"Useable rear yard" means that area bounded by the from the front lot line, extending the full width of the lot
rear lot line(s)and the rear building line extended to the side between the side lot lines intersecting the front lot line.
lot lines. The side yard adjacent to a proposed minor 2. "Rear yard" means a yard measured into a lot
addition (e.g., addition equaling ten percent or less of the from the rear lot line, extending between the side yards;
principal structure)may be included in calculation of usable provided that for lots having no defined rear lot line, the
rear yard area. rear yard shall be measured into the lot from the rearmost
V. "V" Definitions: point of the lot depth to a line parallel to the front lot line.
"Variance application"means an application for which 3. "Side yard" means a yard measured into a lot
an exception process is not identified in the Municipal Code. from a side lot line, extending between the front yard and
"Vehicle" means any boat, bus, trailer, motor home, rear lot line.
van, camper (whether or not attached to a pickup truck or Z. "Z" Definitions:
other vehicle),mobilehome,motorcycle,automobile,truck, None. (Ord. 14-2124, § 3 (part), 2014; Ord. 2085, §
pickup, airplane, boat trailer, truck tractor, truck trailer, 2 (part), 2011; Ord. 11-2074, (part), 2011; Ord. 2056,
utility trailer or recreational vehicle, or parts,or any device (part),2010;Ord. 1894, §1,2002;Ord. 1891,(part),2002;
by which any person or property may be propelled, moved Ord. 1863, (part), 2000; Ord. 1809, 2000; Ord. 1784,
or drawn upon a public street, excepting a device moved (part), 1998; Ord. 1725, (part), 1996;Ord. 1688, §3(part),
exclusively by human power. 1995; Ord. 1657, (part), 1994; Ord. 1654, 1994; Ord.
1. Vehicle, Commercial. "Commercial vehicle" 1637, (part), 1993; Ord. 1635, (part), 1993; Ord. 1618,
means a vehicle of a type required to be registered under the (part), 1993; Ord. 1607, § 1, 1992; Ord. 1601, Exh. A
California Vehicle Code used or maintained for the (part), 1992)
transportation of persons for hire,compensation,or profit or
designed, used, or maintained primarily for the
transportation of goods.
2015 S-47
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. 19.24.070(B)(3);
19.12.090 Action by Director. 5. Hillside Exceptions identified in Section
19.12.100 Decision. 19.44.070 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, RIC 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. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
2011) 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:
2015S-47 21
N �•'.
O �D
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Table 19.12.030-Approval Authority
Type of Permit or Administrative Design Planning City Public Noticing/ Posted Site Expiration Chapter/
Decision" B Review Review Commission Council Hearing/ Noticing Notice Date a Findings
Committee Public Radius°
Meeting/
Comment
Period c
General Plan Amendment
Major F - - R F PH CA. Govt. Yes - CA. Govt.
Code Code 65350-
Minor c _ _ 65350- 65362
R F PH 65362 Yes -
b
c�
K
Zoning Map Amendments o'
Major F - - R F PH CA. Govt. Yes - 19.152.020 0
Code •
65853-
Minor - - R F PH 65856 Yes - 19.152.020
Zoning Text - - R F PH CA. Govt. - - 19.152.030
Amendments Code
65853-
65856
Specific Plans - - R F PH CA. Govt. - - 20.04.030
Code
65350-
65362
Development - - R F PH CA. Govt. Yes - 19.144.120
Agreements Code 65867
N
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4
Table 19.12.030-Approval Authority(Cont.)
Type of Permit or Administrative Design Planning City Public Noticing/ Posted Site Expiration Chapter/
Decision"'6 Review Review Commission Council Hearing/ Noticing Notice Date E Findings
Committee Public Radius
Meeting/
Comment
Period c
Development Permits
Major F,H - - F/R A'/F PM Yes 2 years 19.156.050
19.12.110/
Minor c F - A' AZ PM 300' Yes 2 years
Conditional Use Permits
Major F,H'' F - A'/F/R A'/AZ/F PH CA. Govt. Yes 2 years 19.156.050
Code 65905
Minor ' F - A'/F/R A'/AZ/F PH Yes 2 years
Temporary F - A' AZ - None No 1 year 19.160.030
Density Bonus R F Based on concurrent application 19.52
(Residential)
Conditional Use Permits (Cont.)
Adult-Oriented - R F PH CA. Govt. Yes 2 years 19.128.030&
Commercial Activity Code 19.128.040
(CUP) 65905/300'
Architectural and Site Approval
Major r F - A' AZ PM 19.12.110/ Yes 2 years 19.168.030
Adjacent
Minor K F - A' AZ PM Yes 2 years
r
i-+
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Table 19.12.030-Approval Authority(Cont.)
Type of Permit or Administrative Design Planning City Public Noticing/ Posted Site Expiration Chapter/
Decision^ ° Review Review Commission Council Hearing/ Noticing Notice Date E Findings
Committee Public Radius
Meeting/
Comment
Period c
Amendment
Major F,H - - F A' PM/PH 19.12.110/ Yes 2 years 19.44,
300' 19.156,
Minor F - A' AZ PM/PH Yes 2 years 19.164
Minor Modification F - A' AZ - None No 2 years 19.164 n
b
Hillside Exception/ - - F A' PH 19.12.110/ Yes 2 years 19.40.080,
Height Exception/ 300' 19.24.070, o
Heart of the City 19.136.090 '
Exception' c
Variance F - A' AZ PH CA. Govt. Yes 2 years 19.156.060
Code 65905
Status of - - F A' PH 19.12.110/ Yes - 19.140.110
non-conforming Use 300'
Wireless Antennas' F - F/A' AZ VariesDepends on Yes 2 years 19.136.090
application
type
Signs
Permits F - A' AZ - None No 1 year 19.104
Neon, Reader - F F A"' PM 19.12.110/ No 1 year 19.104
board&Freeway 300'
Oriented Signs'
N
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Table 19.12.030-Approval Authority(Cont.)
Type of Permit or Administrative Design Planning City Public Noticing/ Posted Site Expiration Chapter/
Decision" s Review Review Commission Council Hearing/ Noticing Notice Date a Findings
Committee Public Radius°
Meeting/
Comment
Period c
Signs(Cont'd)
Programs F - A' AZ - None No 1 year 19.104
Exceptions' _ F1 L Y
A PM 19.12.110/ Yes 1 year 19.104.290 a'
Adjacent
Parking Exceptions F F A' A'L/Az Varies"' 19.12.110/ Yes 1 year 19.124.050
Adjacent/ c
300' N Ky
Fence Exceptions - F - Al L PM 19.12.110/ Yes 1 year 19.48.060
Adjacent
Front Yard F - A' AZ PM 19.12.110/ Yes 1 year 19.08
Interpretation Adjacent
R-1 Ordinance Permits
Two-story F F F/A' A'L/AZ Varies Yes 1 year E19.28.
19.12.110/
Minor Residential F - A' AZ CP Adjacent No 1 year
Exceptions ' - F - A'L PM Yes 1 year 19.28.140
N
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Table 19.12.030-Approval Authority(Cont.)
Type of Permit or Administrative Design Planning City Public Noticing/ Posted Site Expiration Chapter/
Decision"'6 Review Review Commission Council Hearing/ Noticing Notice Date E Findings
Committee Public Radius°
Meeting/
Comment
Period c
Protected Trees
n
b
Tree Removal F - A' AZ CP Adjacent/ Yes 1 year 14.18.180
Depending
on type of o
application N
0
Heritage Tree - - F A' PM 19.12.110/ Yes - 14.18 '
Designation& 300' °°
Removal
Tree Management F - A' AZ - None No - 14.18
Plan
Retroactive Tree F - A' AZ - None No - 14.18
Removal
Reasonable F - A' AZ - None No 1 year 19.52.050
Accommodation
N
D\
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NO N
J
Table 19.12.030-Approval Authority(Cont.)
Type of Permit or Administrative Design Planning City Public Noticing/ Posted Site Expiration Chapter/
Decision^°° Review Review Commission Council Hearing/ Noticing Notice Date E Findings
Committee Public Radius°
Meeting/
Comment
Period c
Extensions°
Parking, Fence& F - A' AZ - None No 1 year
Sign Exceptions&
Front Yard
Interpretations
Neon, Reader F A' AZ - None No 1 year
board&Freeway :
Oriented Signs
Two Story F A' AZ - None No 1 year
Permits, Minor
Residential Permits
and Exceptions
Tree Removals F - A' AZ - - No 1 year
All other projects F - A' AZ - 19.12.110/ No 2 years
None
KEY:
R—Review and recommendation body F—Final decision-making body unless appealed
A'—Appeal Body on first appeal AZ—Appeal body on second appeal
PH—Public Hearing PM—Public Meeting
CP—Comment Period
i1
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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. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
application shall correspond to the maximum noticing 2011)
radius required for any one of the applications.
E. Expiration date of an application in a combined 19.12.040 Authority of the Director of Community
application shall correspond to the maximum Development.
expiration date allowed for any one of the development Subject to the provisions of this chapter and general
applications (not including Subdivision Map Act purpose and intent of this title, the authority of the Director
applications, General Plan Amendments and Zoning of Community Development is as follows:
Map or Text Amendments.) A. Grant any permits which are authorized to be
F. Major General Plan Amendment, Conditional Use issued by the Director pursuant to Section 19.12.030 and
Permit, Development Permit application - for more any other provisions of this code;
than ten thousand square feet of commercial and/or B. Grant parking exceptions for projects that are
industrial and/or office and/or other non-residential reviewed in conjunction with permits which are authorized
use, or greater than six residential units. to be issued by the Director of Community Development
G. Minor General Plan Amendment, Conditional Use pursuant to Section 19.12.030;
Permit, Development Permit application - for ten C. Grant a variance from site development
thousand square feet or less of commercial and/or regulations and parking and loading regulations (except
industrial and/or office and/or other non-residential those handicapped parking regulations mandated by State
use, or six or less residential units. law)applicable within any zoning district established by this
H. City Council review for applications with new title;
development greater than fifty thousand square feet of D. Grant a variance from the special conditions of
commercial, and/or greater than one hundred thousand approval that apply to site development and parking and
square feet of industrial and/or office and/or other loading regulations(including conditions attached to planned
non-residential use,and/or greater than fifty residential developments) applicable within any zoning district
units. Planning Commission review for all other established by this title.
applications. E. Grant a request for reasonable accommodation
I. Please see specific zoning district regulations or made by any person with a disability, when the strict
chapters in this title that apply to the subject property application of the provisions within residential districts acts
or project for approval authority. as a barrier to fair housing opportunities, pursuant to
J. Major Architectural and Site Approval application - Chapter 19.52.
architectural and site approval for all projects that are F. Make reasonable interpretations of the regulations
not a Minor Architectural and Site Approval and provisions of this title, and any chapter therein,
application. consistent with the legislative intent. Persons aggrieved by
K. Minor Architectural and Site Approval application - an interpretation of the Director of Community Development
single family home in a planned development zoning may petition the Planning Commission in writing for review
district, minor building architectural modifications, of the interpretation.
landscaping, signs and lighting for new development,
redevelopment or modification in such zones where
2015S-47
19.12.040 Cupertino -Zoning 28
G. May refer an application to another Approval amendments, and approvals. Unless otherwise specified in
Body for review, decision or recommendation. this title, all applications for permits, entitlements,
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), amendments and approvals required by this title shall be
2011) filed in compliance with this section.
Applications for permits, permit modifications,
19.12.050 Authority of the Design Review amendments and other matters pertaining to this chapter
Committee. shall be filed with the Director of Community Development
Subject to the provisions of this chapter and general with the following:
purpose and intent of this title, the authority of the Design A. An application for permit may be made by the
Review Committee is as follows: owner of record,his or her agent, lessee(s) of property, or
A. Grant any permits and exceptions which are person(s)who have contracted to purchase or lease property
authorized to be issued by the Design Review Committee contingent upon their ability to acquire the necessary permit
pursuant to Section 19.12.030 and any other provisions of under this title and who have written authorization from the
this code; property owner to make an application.
B. Grant parking exceptions for projects that are in B. Application shall be made on a form provided by
conjunction with permits which are authorized to be issued the City, and shall contain the following, unless waived by
by the Design Review Committee pursuant to Section the Director of Community Development based on the scope
19.12.030. of the proposed project:
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 1. A complete legal description of the subject
2011) property and map showing the location of the property for
which the permit is sought;
19.12.060 Authority of the Planning Commission. 2. A preliminary title report of the subject property;
Subject to the provisions of this chapter and general 3. The proposed site development plan indicating:
purpose and intent of this title, the authority of the Planning the location of all buildings and structures; the location and
Commission is as follows: types of land uses; paved areas, such as roadways,
A. Grant any permits which are authorized to be driveways and walkways; and general landscaping scheme;
issued by the Planning Commission pursuant to Section 4. Architectural drawings of the proposed
19.12.030 and any other provisions of this code; development, building additions or other structures.
B. Grant parking exceptions for projects that are in Drawings shall indicate building height, colors, materials,
conjunction with permits which are authorized to be issued window treatment and other architectural features;
by the Planning Commission pursuant to Section 19.12.030; 5. Maps showing the locations of buildings;
C. Make recommendations to the City Council on 6. Renderings showing building heights and square
applications in which it is a recommending body; and footages;
D. Decide on appeals of decisions pursuant to 7. Maps showing the precise location of roads,
Section 19.12.030. streets, alleys and access points;
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 8. A traffic analysis, if required;
2011) 9. A construction plan,
10. Any property/development with a Homeowner's
19.12.070 Authority of the City Council. Association(HOA) or Architectural Review Board (ARB)
Subject to the provisions of this chapter and general shall provide a letter of approval from said HOA Board or
purpose and intent of this title, the authority of the City ARB.
Council is as follows: 11. The Director of Community Development may
A. Grant any permits which are authorized to be reasonably require additional information which is pertinent
issued by the City Council pursuant to Section 19.12.030 and essential to the application.
and any other provisions of the code; 12. Zoning Map or Text Amendments shall also
B. Decide on appeals of decisions pursuant to include information required per Chapter 19.152.
Section 19.12.030. a. Zoning applications for Planned Development
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), Zoning Districts shall also include information required per
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,
2015S-47
29 Administration 19.12.080
C. Zoning applications for Residential Single-family 2. Notwithstanding the above, no later than one
Cluster (R1C) initiated by a property owner, or his or her hundred and fifty days upon receipt of a complete
designee, shall also include items identified in Section application for a new personal wireless communication
19.44.050H. facility or ninety days upon receipt of an application for
13. Planned Development Permit and Development collocation of a personal wireless communication facility/
Permit applications shall also include information required antennas.
per Section 19.156.010: (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
14. Conditional Use Permits and Variances shall also 2011)
include information required per Section 19.156.020.
15. Density Bonus Permit applications shall also 19.12.110 Noticing.
include information required per Section 19.56.060. A. Notice of Public Hearing: Noticing shall be
16. Conversion of Apartment Projects to Common provided in conformance with applicable California
Interest Developments applications shall also include Government Code Sections, as may be amended from time
information required per Section 19.116.050. to time, for applications that need a public hearing.
17. Sign Permit Applications should also include B. Notice of Public Meeting: For projects requiring
information required per Section 19.104.040. notice of a public meeting, notice shall be provided in
C. Application shall be accompanied by the fee conformance with California Government Code Section
prescribed by City Council resolution,no part of which shall 65091, as may be amended from time to time, as follows:
be returnable to the applicant. 1. Written notice by first class mail to:
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), a. Each owner of record of real property within the
2011) noticing radius per Section 19.12.030 of the exterior
boundary of the property for which the application is made
19.12.090 Action by Director. as the owner of record is shown in the last tax assessment
Upon receipt of an application for a permit, the roll;
Director of Community Development shall: b. Owner(s) of subject site or his or her authorized
A. Within thirty days determine whether the agent;
application is complete or needs additional information and C. Project applicant(s);
shall inform the applicant. d. Any individual or entity that has filed a written
B. Not later than a period stipulated in Section request with the City Clerk requesting notification of public
19.12.100 below: hearings.
1. Set a date for a public hearing or public meeting e. Local agencies expected to provide water,
upon the matter at a regular or special meeting of the sewage,streets,roads,schools or other essential facilities or
approval authority for the project for applications that services to the proposed project;
require a public hearing or public meeting, or 2. If the number of owners to whom notice would be
2. Send notice in accord with the requirements of mailed or delivered pursuant to subsection Cl above is
Section 19.12.110(D) for applications that do not need a greater than one thousand, in lieu of mailed or delivered
public hearing or public meeting. notice, the Director may provide published notice as
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), provided in Government Code Section 65091(a)(4).
2011) 3. The notice shall contain information pursuant to
Government Code Section 65094.
19.12.100 Decision. C. Notice of Comment Period: For projects
Unless postponed or continued with the mutual consent requiring notice of a comment period,notice shall be mailed
of the Director of Community Development and the in accord with Section 19.12.110C(1)(a)-(d), fourteen
applicant and written confirmation from the applicant, a calendar days prior to the date of action on the application.
decision shall be rendered: 1. For permits issued pursuant to Chapter 19.28,the
1. No later than sixty days following the date the mailed notice shall include a copy of the site plan and
application is deemed complete and either categorically elevation plans of the proposed project.
exempt under the California Environmental Quality Act 2. For permits issued pursuant to Chapter 14.18,the
(CEQA) or the adoption of a negative declaration or one mailed notice shall include a copy of the site plan and tree
hundred and eighty days of certification of an Environmental replacement/mitigation plan.
Impact Report(EIR).
2015S-47
19.12.110 Cupertino -Zoning 30
D. The City may also give notice of public ii. For Two Story Permits and Residential Design
hearings/public meetings in any other manner it deems Review applications, a color or black and white perspective
necessary or desirable. If the Director of Community drawing or three-dimensional(3-D)photographic simulation
Development believes the project may have impacts beyond of the proposed project, at least eleven inches by seventeen
the range of the mailed notice, particularly on nearby inches in size.
residential areas,the Director, in his or her discretion, may iii. Visual Representation is not required for
expand noticing beyond the stated requirements in Section applications that do not have a material change in the
19.12.030. physical appearance of the property.
Compliance with the procedures set forth in this section (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
shall constitute a good-faith effort to provide notice, and the 2011)
failure to provide notice, and the failure of any to receive
notice, shall not prevent the City from proceeding with a 19.12.120 Action by Director of Community
hearing, meeting or from taking any action nor affect the Development-Administrative.
validity of any action. Typographical and/or publishing A. For applications requiring Administrative
error shall not invalidate the notice nor any City action approval with a public meeting,public hearing or comment
related to the notice. period, the Director of Community Development or his or
E. Posted Site Notice: her designee may, subject to the requirements of Section
1. Applicants shall install notice(s) on the subject 19.12.100:
site that is/are clearly visible from the street in accord with 1. Issue his or her decision at the conclusion of the
the requirements of Table 19.12.030. public meeting, public hearing or comment period;
a. Applicants must install a public notice in the front 2. Continue the item for additional public hearings,
yard of the subject site. public meetings or comment period; or
b. For all applications other than Two Story 3. Defer action by taking the item under advisement
Permits, Residential Design Review and Tree Removal and issuing the decision no later than thirty days following
applications in R-1 or R2 zones, if the subject site has more the public meeting, public hearing or comment period.
than one property line abutting a street,the applicant may be No additional noticing is required if a project is
required to install more than one notice. continued.
2. The notice shall be a weatherproof sign, at least B. For applications where a public meeting or public
two feet tall and three feet wide, firmly attached to a five hearing is required to be held before the Director of
foot tall post. Community Development, the meeting shall be held in the
3. The notice shall be placed the same number of same manner as a Design Review Committee meeting.
days prior to the decision/public hearing as required for the (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
public hearing or mailed notices per Section 19.12.1 10A-C 2011)
and shall remain in place until an action has been taken on
the application and the appeal period has passed. 19.12.130 Action by Design Review Committee and
4. The notice shall contain the following: Planning Commission.
a. The general location of the property, by text or A. For applications where the Design Review
diagram; Committee or Planning Commission is the Approval Body,
b. A brief description of the proposed project, the it shall render a decision,which is supported by the evidence
content of which shall be at the sole discretion of the City; contained in the application or presented at the meeting, at
c. City contact information for public inquiries; the meeting, or at a subsequent meeting after conclusion of
d. A deadline for the submission of public the public hearing or public meeting, subject to the
comments; requirements of Section 19.12.100.
C. If proposing a physical alteration to an existing B. For zoning map amendments, on the basis of
building or new buildings, at least one of the following evidence and testimony presented to the Planning
visual representations of the proposed project: Commission at the public hearing,the Planning Commission
i. A color perspective drawing or three-dimensional may determine that the public interest will be served, either
(3-D)photographic simulation of the proposed project, in a by revising the area being considered for reclassification to
size deemed appropriate by the Director of Community include properties not originally part of the application, or
Development. by giving consideration to district classifications not
originally requested by the application. The Planning
Commission may, solely at its option, consider additional
properties or district classifications, or both.
2015S-47
31 Administration 19.12.130
C. For applications requiring City Council approval, Section 19.12.170. A decision of the City Council shall be
the reviewing body shall forward its written findings, final.
determinations and recommendation to the City Council for B. Reports: The Director of Community
final action, subject to the requirements of Section Development shall endeavor to forward reports, within five
19.12.100. calendar days from the date of the decision, to the:
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 1. Planning Commission and the City Council of a
2011) decision by the Director of Community Development.
2. Planning Commission and the City Council of a
19.12.140 Action by City Council. decision by the Design Review Committee.
A. Upon receipt of a recommendation of the 3. City Council of a decision by the Planning
reviewing body, the City Council may by resolution Commission.
approve, modify, or disapprove the recommendation of the (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
reviewing body, subject to the requirements of Section 2011)
19.12.100.
B. Upon final approval of a zoning or prezoning 19.12.160 Effective Date.
application,the City Council shall enact an ordinance zoning A. A permit approved by the City Council shall take
or prezoning the subject property or properties, effect ten days following the date that the findings are
incorporating within the ordinance: adopted.
1. A Conceptual development plan, if required,and B. Specific Plans, General Plan Amendments,
2. Conditions of approval. Zoning Ordinance/Map Amendments, and Development
C. For a Development Agreement,the City Council Agreements shall become effective thirty days following the
shall enact an ordinance that shall refer to and incorporate final date of action(e.g., adoption)by the City Council.
the text of the Development Agreement by reference. C. All other permits shall take effect fourteen
D. For applications requiring City Council approval, calendar days following the date that the findings are
the City Council shall issue its decision at the conclusion of adopted by the appropriate Approval Body,unless an appeal
the public hearing or public meeting. is filed as provided in Section 19.12.170.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
2011) 2011)
19.12.150 Notice of Decision and Reports. 19.12.170 Appeals.
A. Notice of decision: A. An appeal may be filed by any person, firm or
1. The decision for applications approved with a corporation aggrieved or affected by any grant, denial,
public meeting or public hearing shall be mailed to the modification or revocation of any permit, or any
property owner and applicant at the address shown on the determination or interpretation related to any provision of
application. this title.
2. The decision for applications approved with a B. Filing:
comment period shall be mailed to the property owner and 1. An appeal shall be in writing on forms prescribed
the applicant at the address shown on the application and any by the City and shall be filed during regular office hours
person who has commented on the proposed project within with the City Clerk within fourteen calendar days after the
the comment period. City decision or if a notice of decision is not required, from
3. The decision shall contain the following: the date of the decision or determination, under this title.
a. Applicable findings; An appeal not filed within such time shall be barred. The
b. Any reasonable conditions or restrictions deemed appeal shall state the grounds and basis thereof.
necessary to secure the purpose of this title and to assure 2. Appeals under this chapter are subject to an
operation of the development and/or use in a manner appeal fee as prescribed by resolution of the City Council.
compatible with existing and potential uses on adjoining C. Noticing: Notice of hearing shall be given in the
properties and in the general vicinity; and same manner in which the original notice was given. If a
c. Reporting/monitoring requirements deemed project with no noticing is appealed, appropriate noticing
necessary to mitigate any impacts and protect the health, shall be determined by the Director of Community
safety and welfare of the City. Development.
4. The decision of the Director of Community D. Appeal hearing body shall be determined in
Development, Design Review Committee or Planning accord with Section 19.12.030.
Commission shall be final unless appealed in accord with E. Decision of the appeal hearing body:The decision
or determination of the appeal hearing body on any appeal
shall be final and effective immediately.
2015S-47
-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. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), for one year or more;
2011) iii. That one or more of the conditions of the permit
have not been met; or
19.12.180 Expiration, Extension and Revocation. iv. That the owner or occupant of the property is
A. Expiration. conducting the use or any associated or other use of the
1. Approval on a permit or variance shall become property in violation of the law.
null and void and of no effect, within the time frame v. In the case of revocation of a sign permit,the sign
specified in Section 19.12.030 following its issuance,unless was abandoned for a period of thirty days.
a shorter or longer time period is specifically prescribed in (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
the conditions of permit or variance,unless: . - 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
1
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 __ I
if any one of the following findings can be made:
2015S-47
19.20.010
CHAPTER 19.20: PERMITTED, CONDITIONAL AND EXCLUDED
USES IN AGRICULTURAL AND RESIDENTIAL ZONES
Section
19.20.010 Applicability of regulations.
19.20,020 Permitted, conditional and excluded
uses in agricultural and residential
zones.
19.20.010 Applicability of Regulations.
No building or structure or land shall be used in an A,
A-1,R-1,RHS,R1C,R-2,or R-3 zoning district,otherwise
than in conformance with the provisions of this chapter.
(Ord. 14-2125, § 5 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.20.020 Permitted, Conditional and Excluded
Uses in Agricultural and Residential
Zones.
Table 19.20.020 sets forth the Permitted, Conditional
and Excluded Uses in Agricultural and Residential zones.
[Table begins on next page.]
2015S-47 35
o �
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Table 19.20.020-Permitted' Conditional and Excluded Uses in Agricultural and Residential Zones o
� N
J O
Zoning Districts
Uses
A A-1 R-1 RHS RIC R-2 R-3
1. Agriculture, horticulture, viticulture and forestry,.including the following P P - - - -and similar uses:
a. Field and truck crops, including drying and storage, P P - - - - -
b. Orchards and vineyards, including bottling and storage, P P - - - - -
c. Tree farms, botanical conservatories and arboreta, P P - - - - -
d. Barns and sheds, P P - - - - -
e. Keeping of draft animals, animals providing products used on the P P - -
property, b
K
r.
f. Livestock ranches and dairy farms depending mainly on grazing on the P CUP- - -
property, PC
N
0
g. Processing of dairy products produced on the property, P CUP- - - - - - �.
PC
h. Poultry raising and hatcheries, P CUP- - - - - -
PC
i. Apiaries, P CUP- - - - - -
PC
j. Nurseries, greenhouses and landscaping gardens, P CUP- - - - - -
PC
k. Boarding kennels, CUP- CUP- - - - - -
PC PC
1. Animal breeding; P CUP- - - - - -
Admin.
2. Fur farms - CUP- - - - - -
PC
C)
LA
CA
41
Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.)
Zoning Districts
Uses
A A-1 R-1 RHS R1C R-2 R-3
3. Retail sale of wine, fruit or berries produced on the property; CUP- CUP- - - - - -
CC CC a,
n
4. Single-family dwelling unit with not more than one dwelling unit per P P P P P
lot/defined air space for condominiums;
5. Two-story structures in an area designated for a one-story limitation - - CUP-
pursuant to Section 19.28.060G(6) of this chapter, provided that the PC
Planning Commission determines that the structure or structures will not a
result in privacy impacts, shadowing, or intrusive noise, odor, or other
adverse impacts to the surrounding area; �
o.
6.
a
Employee housing: �
a. For six or fewer employees in each dwelling unit on each lot P P p p p P P
Y
b. With no more than 36 beds in group quarters or 12 units/spaces designed P P - CUP- - - - '
for use by a single family or household on each lot Admin.
7. A second dwelling unit
a
a. Which conforms to the requirements of Chapter 19.112; P p p p
c.
b. Which requires a conditional use permit pursuant to Chapter 19.112; CUP- CUP- CUP- CUP- - - -
Admin. Admin. Admin. Admin.
N
0
8. Multiple-family residential dwellings _ _ _ _ _ _ P
9. Accessory facilities and uses customarily incidental to permitted uses and P P P P P P p
otherwise conforming with the provisions of Chapter 19.100 of this title;
10. Utility facilities essential to provision of utility services to the - _ P _ _ P CUP- N
neighborhood but excluding business offices, construction or storage CC
yards, maintenance facilities, or corporation yards; c
N Fr
O �D
Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.)
0
� N
� o
Zoning Districts
Uses
A A-1 R-1 RHS R1C R-2 R-3
11. Temporary buildings for construction purposes (including trailers) for a - - _ _ _ _ P
period not to exceed the duration of such construction;
12. Home occupations;
a. When accessory to permitted use and otherwise conforming to the P P P P P P P
provisions of Chapter 19.120 of this title;
b. Requiring a Conditional Use Permit pursuant to Chapter 19.120 of this CUP- CUP- CUP- CUP- CUP- CUP- CUP-
title; Admin. Admin. Admin. Admin. Admin. Admin. Admin.
13. Small-family day care home per dwelling unit; P P P P P P P n
b
14. Large-family day care home per dwelling unit; CD
a. Which meets the parking criteria contained in Chapter 19.124, and P P P P P P CUP-
which is at least three hundred feet from any other large-family day Admin. c
care home.
The Director of Community Development or his or her designee shall
administratively approve large day care homes to ensure compliance
with the parking and proximity requirements;
b. Which otherwise does not meet the criteria for a permitted use. The CUP- CUP- CUP- CUP- CUP- CUP- CUP-
conditional use permit shall be processed as provided by CA. Health Admin. Admin. Admin. Admin. Admin. Admin. Admin.
and Safety Code Section 1597.46(3);
15. Residential care facility with six or fewer residents, not including the P P P P P P P
provider, provider family or staff, provided that the facility obtains any
license, if required, issued by appropriate State and/or County agencies
and/or department;
16. Residential care facility, in each dwelling unit, with seven or greater CUP- CUP- CUP- CUP- CUP- CUP- CUP-
residents, not including the provider, provider family or staff, is a PC PC PC PC PC * PC PC
minimum distance of five hundred feet from the property boundary of
another residential care facility, provided that the facility obtains any
license, if required, issued by appropriate State and/or County agencies
and/or departments; O0
N w
O �p
J
Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.)
Uses
Zoning Districts
�
A A-1 R-1 RHS RIC R-2 R-3 �.
17. Congregate residence, in each dwelling unit: a
n
a. With six or fewer residents P P P P P P P
b. With seven or greater.residents which is a minimum distance of one CUP- CUP- CUP- CUP- CUP- CUP- CUP- p
thousand feet from the boundary of another congregate residence and PC PC PC PC PC * PC PC
has a minimum of seventy-five square feet of usable rear yard area per
occupant a
tai
18. Transitional housing located in housing of a type permitted on the zone; P P P p p p p a.
19. Supportive housing located in housing of a type permitted in the zone; P P p p p p pCD
CD
20. Horticulture, gardening, and growing of food products;
a. Recreational for personal use; P P P P P P
b. Limited to maximum of ten percent of the lot area and for consumption - p
by occupants of the site;
C. Produce grown on site may be sold if the business activity is conducted - - _ p
in a manner consistent with Chapter 19.120, Home Occupations a�
CD
d. Commercial purposes; See#1 See#1 - CUP- - - _ C
Admin. a
21. Limited commercial recreation uses, such as riding clubs and related - - - CUP-
stables and trails, golf courses, swimming and picnic grounds; PC
22. Golf courses and driving ranges; CUP- CUP-
CC CC
23. Commercial swimming Pools andpicnic CUP- CUP- `D
CC CC c
N
O
N r+
O �D
~ N
� O
� O
J O
Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones(Cont.)
Zoning Districts
Uses
A A-1 R-1 RHS RIC R-2 R-3
24. Temporary uses subject to regulations established by Chapter 19.156 CUP- CUP- CUP- CUP- CUP- CUP- CUP-
Admin. Admin. Admin. Admin. Admin. Admin. Admin.
25. Buildings or structures which incorporate solar design features that CUP- CUP- - CUP- - - -
require variation from setbacks upon a determination by the Director that Admin. Admin. Admin.
the design feature, or features, will not result in privacy impacts,
shadowing, or intrusive noise, odor, or other adverse impacts to the
surrounding area.
n
26. Transmission lines, transformer stations, television and radio towers, and CUP- CUP-
b
other public utility and communication structures; PC PC
27. Adult(over 4 months of age)household pets per dwelling unit, limited as follows:
N
a. No specified number P p
vo
b. Maximum of four, provided no more than two adult dogs or cats may - - P - p p p
be kept on the site
C. Limited to one per three thousand square feet of lot area, except:
1. Dogs are limited to a maximum of two on lots less than one acre
and four for lots greater than one acre. _ - - P t
2. The number of geese, ducks, chickens, rabbits and other farm
animals are not limited on a site greater than one acre.
28. Litter of dogs or cats up to four months of age;
a. No specified number P p _ p
b. Maximum of one _ _ p _ p p p
.A
0
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CA
V]
Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.)
Zoning Districts
Uses
A A-1 R-1 RHS RIC R-2 R-3 b
29. Large animals, provided no animals are kept,maintained and raised for
commercial purposes, limited as follows: P.
n
a. Two large animals for the first 40,000 square feet of land area, except 0
mules and donkeys which require 80,000 square feet for the first
animal, See#1 See#1 - P t - - -
b. One additional large animal for each 20,000 square feet of land area,
a.
c. One additional large animal if said animal is raised for a 4H project, a X
project sponsored by a recognized agricultural organization or a school a
proj ect, a
C
30. The keeping of any animal not otherwise permitted above: #27, 28 and - - - CUP- - - -
29 Admin.
Y
31. Riding academies, commercial stables, and the boarding of horses; CUP- CUP-
CC CC
r.
32. Noncommercial stables, and the keeping of riding horses:
a. Limited to three horses on each lot at the any time except that P P
additional foals may be retained for a period of six months;
b. In excess of the number permitted in 32(a) CUP- CUP-
CC CC
33. Cemeteries, crematoriums, mausolea, and columbariums CUP- CUP-
CC CC
34. Mines, quarries and gravel pits; CUP- CUP- - - - -
CC CC
35. Guest ranches; CUP- CUP-
CC CC N
0
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Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.) o
Zoning Districts
Uses
A A-1 R-1 RHS R1C R-2 R-3
36. Public and quasi-public buildings and uses. CUP- CUP- - - - - -
CC CC
37. Hog farms; Ex Ex - - - - -
38. Cattle farms mainly depending upon feed brought onto the property; Ex Ex - - - - -
39. Slaughterhouses, fertilizer yards, feed yards, boneyards or plants for the Ex Ex - - - - -
reduction of animal matter;
40. Commercial feed sales; Ex Ex - - - - -
G
b
41. Other semiagricultural uses mainly depending upon raw materials, Ex Ex - - - - -
semifinished products, or feed brought on to the property; o'
42. Other agricultural uses which, in the opinion of the Director of Ex Ex
Community Development, create a private or public nuisance. .
oa
Key:
P- Permitted Use
-- Not Allowed
CUP-Admin. - Conditional Use Permit issued by the Director of Community Development
CUP- PC- Conditional Use Permit issued by the Planning Commission
CUP-CC- Conditional Use Permit issued by the City Council
*- May be permitted in locations where the use is compatible with existing and planned uses within the development area
in the opinion of the Director of Community Development,
t - The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa,
except that a maximum of two household pets may be kept with large animals,
All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and
ordinances,
Ex- Excluded Uses
(Ord. 14-2125, § 5 (part), 2014; Ord. 2085, §2(part), 2011)
N
19.56.010
CHAPTER 19.56: DENSITY BONUS
Section
19.56.010 Purpose. C. An applicant may also submit a proposal for
19.56.020 Applicability of regulations. specific incentives or concessions to be granted in
19.56.030 Density bonus. conjunction with the density bonus, as provided in Section
19.56.040 Incentives and concessions. 19.56.040;
19.56.050 General requirements. D. The granting of a density bonus, incentive or
19.56.060 Application requirements. concession, in and of itself, shall not require a general plan
19.56.070 Findings. amendment, zone change, or other discretionary approval
and shall be reviewed concurrently with the review of the
housing development. (Ord. 14-2125, § 6 (part), 2014;
19.56.010 Purpose. Ord. 2085, §2(part), 2011; Ord. 1569, § 1 (part), 1991)
The density bonus ordinance codified in this chapter is
intended to comply with the State Density Bonus Law, 19.56.030 Density Bonus.
Government Code Section 65915, which provides that a A. Housing developments that meet the criteria in
local agency shall adopt an ordinance specifying how the Section 19.56.020A(1) are eligible for a maximum density
agency will comply with that section. bonus as set forth in Table 19.56.030.
- . (Ord. 14-2125, § 6 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1569, § 1 (part), 1991) Table 19.56.030: Density Bonus Calculations
19.56.020 Applicability of Regulations. Percentage of Very Low Moderate
A. Housing developments resulting in a net increase Affordable Units Low Income Income
of at least five units (excluding density bonus units) are Provided in Income Units Units
eligible for a density bonus as provided in this chapter,when Income Category Units
the applicant for the housing development agrees or 5% 20% - -
proposes at least one of the following:
1. Construct: 6% 22.5% - -
a. Ten percent of the total units affordable to lower
income households at affordable rent or affordable housing 7% 25% - -
cost; or 8% 27.5% - -
b. Five percent of the total units affordable to very
low income households at affordable rent or affordable 9% 30% - -
housing cost; or
C. Ten percent of the total units proposed in a 10% 32.5% 20% 5%
common interest development for sale to moderate income
households, provided that all units in the development are 11% 35% 22% 6%
offered to the public for purchase; or 12% 35% 23% 7%
d. A senior citizen housing development.
2. Donate land in accordance with Section 13% 35% 25% 8%
19.56.030C;
3. Provide affordable housing in a condominium 14% 35% 26% 9%
conversion project in accordance with Section 19.56.030E.
B. In addition to meeting the requirements of
15% 35% 28% 10%
19.56.020A, housing developments which include a child 16% 35% 29% 11%
care facility in accordance with Section 19.56.030D, is
entitle to an additional density bonus; 17% 35% 31% 12
2015S-47 105
19.56.030 Cupertino -Zoning 106
Percentage of Very Low Moderate 1. When an applicant donates land to the City in
Affordable Units Low Income Income accordance with the requirements of Section 19.56.020C(2),
Provided in Income Units Units the development shall be entitled to a 15 percent density
Income Category Units bonus. The development is entitled to an additional one
percent density bonus for the donation of land that would
18% 35% 32% 13% allow the development of an additional one percent of
affordable units above the minimum requirements in Section
19% 35% 34% 14% 19.56.020C(2), up to a maximum of 35 percent.
2. The donation of land must meet the following
20% 35% 35% 15% requirements:
21% 35% 35% 16% a• The land shall be donated and transferred no later
than the date of approval of the application.
22% 35% 35% 17% b. The developable acreage and zoning classification
of the land being transferred are sufficient to permit
23% 35% 35% 18% construction of units affordable to very low income
households in an amount not less than 10 percent of the
24% 35% 35% 19% number of residential units of the proposed development.
25% 35% 35% 20% C. The transferred land is at least one acre in size or
of sufficient size to permit development of at least 40 units,
26% 35% 35% 21% has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards
27% 35% 35% 22% for development at the density described in Government
Code Section 65583.2(c)(3), and is or will be served by
28% 35% 35% 23% adequate public facilities and infrastructure.
29% 35% 35% 24% d. The transferred land shall have all of the permits
and approvals,other than building permits,necessary for the
30% 35% 35% 25% development of the very low income housing units on the
transferred land not later than the date of approval of the
31% 35% 35% 26% final subdivision map, parcel map, or residential
development application, except that the City may subject
32% 35% 35% 27% the proposed development to subsequent design review to the
33% 35% 35% 28% extent authorized by Government Code Section 65583.2(i)
if the design is not reviewed by the City prior to the time of
34% 35% 35% 29% transfer.
e. The land shall be transferred to the City or to a
35% 35% 35% 30% housing developer approved by the City. The City may
require the applicant to identify and transfer the land to the
36% 35% 35% 31% developer.
37% 35% 35% 32% f. The transferred land shall be within the boundary
of the proposed development or, if the City agrees, within
38% 35% 35% 33% one-quarter mile of the boundary of the proposed
development.
39% 35% 35% 34% g. A proposed source of funding for the very low
income units shall be identified not later than the date of
40% 35% 35% 35% approval of the proposed development.
h. The transferred land and the affordable units shall
B. Senior housing developments are entitled to a be subject to a deed restriction ensuring continued
maximum density bonus of 20 percent provided the affordability of the units consistent with Government Code
development comprises of at least 35 units, conforms with Section 65915(c)(1) or(2), as applicable.
Civil Code Section 51.3 and the units are reserved for D. Provision of Child Day Care Facilities.
qualifying residents. The development does not have to 1. When a housing development is proposed that =_
provide affordable units. contains affordable housing as provided in Section f
C. Donation of Land: 19.56.030A and includes a child day care facility that will
2015S-47
107 Density Bonus 19.56.030
be located on the premises of, as part of, or adjacent to, the 3. An application shall be ineligible for a density
project, the City shall grant either of the following, except bonus or other incentives under this section if the apartments
as specifically stated elsewhere: proposed for conversion constitute a housing development
a. An additional density bonus in residential square for which a density bonus or other incentives were
footage that is equal to or greater than the square footage of previously provided under Government Code Section 65915.
the child day care facility. 4. Nothing in this section shall be construed to
b. An additional concession or incentive that require the City to approve a proposal to convert apartments
contributes significantly to the economic feasibility of the to condominiums
construction of the child day care facility in accordance with F. Density Bonus Calculations:
Section 19.56.040. 1. A density bonus may be selected from only one
2. The City shall also require that as a condition of income or development category listed above, except that
approving the housing development: density bonuses for land donation may be combined with
a. The child day care facility shall remain in others, up to a maximum of 35 percent, and an additional
operation for a period of time that is as long as or longer square-foot bonus may be granted for a child day care
than the period of time during which the affordable units are facility as provided in Section 19.56.030C.
required to remain affordable. 2. In determining the number of density bonus units
b. Of the children who attend the child day care to be granted, any fractions of density bonus units shall be
facility, the children of very low income households, lower rounded up to the next whole number.
income households, or families of moderate income shall 3. Density bonus units authorized by this section
equal a percentage that is equal to or greater than the shall not be included when determining the number of
percentage of dwelling units that are required for very low affordable units, required to qualify for the density bonus.
income households,lower income households,or families of In determining the number of affordable units,any fractions
moderate income. of affordable units shall be rounded up to the next whole
3. Notwithstanding any requirement of this number.
subdivision, the City shall not be required to provide a 4. An applicant may request a lower density bonus
density bonus or concession for a child day care facility if than the housing development is entitled to,but no reduction
the City finds, based upon substantial evidence, that the will be permitted in the percentage of required affordable
community has adequate child day care facilities. units as shown in Section 19.56.020,
E. Condominium Conversions. 5. Regardless of the affordable units, no housing
1. When an applicant for approval to convert development will be entitled to a density bonus of more than
apartments to a condominium project agrees to provide at 35 percent unless approved by the City pursuant to Section
least 33 percent of the total units of the proposed 19.56.030F(7).
condominium project to low or moderate income 6. The City, at its discretion, may grant additional
households, or 15 percent of the total units of the proposed density bonuses. While the maximum density bonus, the
condominium project to lower income households, and City is required to provide pursuant to State Law, is
agrees to pay for the reasonably necessary administrative thirty-five(35)percent;this is not the maximum amount that
costs incurred by the City, the City shall either: an applicant may obtain. An applicant may negotiate with
a. Grant a density bonus of 25 percent over the the City to obtain a density bonus higher than the maximum
number of apartments to be provided within the existing set forth in Table 19.56.030 in exchange for including even
structure or structures proposed for conversion; or more affordable units than are provided in the table and/or
b. Provide other incentives of equivalent financial the provision of other amenities or considerations.
value. This shall not require the City to provide cash 7. For purposes of calculating a density bonus, the
transfer payments or other monetary compensation but may residential units do not have to be based upon individual
include the reduction or waiver of requirements which the subdivision maps or parcels. The density bonus shall be
City might otherwise apply as conditions of conversion permitted in geographic areas of the housing development
approval. other than the areas where the affordable units are located.
2. The City may place such reasonable conditions on (Ord. 14-2125, § 6(part), 2014)
the granting of a density bonus or other incentives of
equivalent financial value as the City finds appropriate, 19.56.040 Incentives and Concessions.
including but not limited to, conditions which assure A. A housing development is eligible for Incentives
continued affordability of units to subsequent purchasers and Concessions as shown in Table 19.56.040A. Incentives
who are persons and families of low and moderate income and Concessions must be selected from only one category
or lower income households. (very low, low, or moderate). No incentives are available
2015S-47
19.56.040 Cupertino-Zoning 108
for land donation or for a senior citizen housing subsidies, publicly owned land by the City or the waiver of
development that is not affordable. Condominium fees or dedication requirements. The City, at its sole
conversions and day care centers may have one incentive or discretion, may choose to provide such direct financial
a density bonus, at the City's option, but not both. incentives;
D. An applicant may submit to the City a proposal
Table 19.56.040A: Incentives and Concessions for the waiver or reduction of development standards that
Calculations: will have the effect of physically precluding the construction
Unit Type Percent of Number of of a development meeting the criteria outlined in Section
Affordable Incentives/ 19.56.020 at the densities or with the concessions or
Units Concessions incentives permitted under this chapter. A proposal for the
waiver or reduction of development standards shall neither
Very Low 5% or greater 1 reduce nor increase the number of incentives or concessions
Income Units to which the applicant is entitled. The applicant shall bear
10% or greater 2 the burden of demonstrating that the development standards
that are requested to be waived will have the effect of
15% or greater 3 physically precluding the construction of the housing
Low Income 10% or greater I development with the density bonuses and incentives.
E. If the housing development is eligible for density
Units 20% or greater 2 bonus as provided in Section 19.56.020,upon request of the
applicant,the maximum off-street parking standards that can
30% or greater 3 be applied, inclusive of handicapped and guest parking are
indicated in Table 19.56.040B. These may include tandem
Moderate 10% or greater 1 and uncovered parking spaces.
Income Units
20% or greater 2 Table 19.56.040B: Off-street parking standards with:
30% or greater 3 Number of bedrooms Maximum number of
off-street parking spaces
B. For purposes of this chapter, permissible
concessions and incentives include, but are not limited to: 0- 1 One(1)
1. A reduction of development standards or a 2-3 Two(2)
modification of zoning code requirements or architectural
design requirements that exceed the minimum building 4 + Two and one-half(2.5)
standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with F. A housing development which requests incentives
Section 18901) of Division 13 of the Health and Safety or concessions must show that the requested concessions are
Code, including but not limited to, a reduction in setback required to provide for affordable rents or affordable
requirements,square footage or parking requirements,such housing costs, as applicable. (Ord. 14-2125, § 6 (part),
that the reduction or modification results in identifiable, 2014; Ord. 2085, § 2 (part), 2011; Ord. 1569, § 1 (part),
financially sufficient, and actual cost reductions. 1991)
2. Approval of mixed-use zoning in conjunction with
the housing project if commercial,office,industrial or other 19.56.050 General Requirements.
land uses will reduce the cost of the housing development, A. Affordable for-sale and rental low and very low
and if the commercial, office, industrial or other land uses income units must remain affordable to low or very low
are compatible with the housing project and the existing or income households, as applicable, for thirty years or for a
planned development in the area where the proposed housing longer period of time if required by a construction or
project will be located; mortgage financing assistance program,mortgage insurance
3. Other regulatory incentives or concessions program, or rental subsidy program. Affordable for-sale
proposed by the developer or the City, which result in moderate income units must remain affordable to
identifiable financially sufficient and actual cost reductions. moderate-income households for the duration required by
C. Nothing in this section requires the provision of the City's Residential Housing Mitigation Program or for a
direct financial incentives for the housing development, longer period of time if required by a construction or
including but not limited to the provision of financial
2015S-47
108A Density Bonus 19.56.050
mortgage financing assistance program,mortgage insurance H. All affordable units shall be occupied by the
program,or rental subsidy program. Sales price for for-sale household type specified in the written agreement required
affordable very low, low, and moderate income units shall under Section 19.52.050. The developer's obligation to
be set at affordable housing cost. Rents for affordable low maintain these units as affordable housing shall be evidenced
and very low income rental units shall be set at an affordable by the master regulatory agreement which shall be recorded
rent. as deed restriction running with the land.
B. The affordable dwelling units and land dedication I. Prior to the rental or sale of any affordable unit,
that qualify a housing development for a density bonus may the City or its designee, shall verify the eligibility of the
also be used to meet the below-market-rate housing prospective tenant or buyer.
provisions of the City's Residential Housing Mitigation J. The City may establish fees associated with the
Program, provided that the affordable units and land setting up and monitoring of affordable units.
dedication comply with the requirements of both Chapter K. For rental affordable very low and low income
19.56, Density Bonus, and the Residential Housing units:
Mitigation Program regarding the required number of 1. The owner shall obtain and maintain on file
affordable units, required level of affordability, and term of certifications by each household. Certification shall be
affordability so as to provide the greatest affordability to the obtained immediately prior to initial occupancy by each
most households for the longest term. household and annually thereafter, in the form provided by
C. Unless otherwise governed by other funding the City or its designee. The owner shall obtain updated
sources, first priority for the affordable units will be given forms for each household on request by the City, but in no
to individuals who reside, work, go to school, or have event less frequently than once a year. The owner shall
family in the City of Cupertino. maintain complete, accurate and current records pertaining
D. A master regulatory agreement shall be made to the housing development, and will permit any duly
between the developer and the City which indicates the authorized representative of the City to inspect the records
household type, number, location, size and construction pertaining to the affordable units and occupants of these
scheduling of all affordable units, and such information as units.
shall be required by the City for the purpose of determining 2. The owner shall submit an annual report to the
the developer's compliance with this chapter.The regulatory City, on a form provided by the City. The report shall
agreement shall be recorded against the housing include for each affordable unit the rent,income, and family
development prior to final or parcel map approval or,where size of the household occupying the unit.
a map is not being processed, prior to issuance of any 3. The owner shall provide to the City any additional
building permits, and shall be binding on all future owners information required by the City to insure the long-term
and successors in interest. affordability of the affordable units by eligible households.
E. Affordable units in a project and phases of a (Ord. 14-2125, § 6 (part), 2014; Ord. 2085, § 2 (part),
project shall be constructed concurrently with or prior to the 2011; Ord. 1569, § 1 (part), 1991)
construction of market-rate units.
F. Affordable units shall be provided as follows: 19.56.060 Application Requirements.
1. Affordable units shall be dispersed throughout the A. An applicant may submit a preliminary proposal
project; for housing development pursuant to this chapter prior to the
2. Affordable units shall be identical with the design submittal of any formal application.
of any market rate rental units in the project with the B. All requests pursuant to this Chapter shall be
exception that a reduction of interior amenities for submitted to the City concurrently with the application for
affordable units will be permitted upon prior approval by the the first discretionary permit or other permit required for the
City Council as necessary to retain project affordability. housing development and shall be process concurrently with
G. The developer shall submit a project financial the discretionary application following the review process
report (pro forma) demonstrating that the requested as set forth for permits in Chapter 19.12, Administration of
incentives or concessions are required to provide for the Cupertino Municipal Code established by the City. The
affordable rents or affordable housing costs, as applicable. applicant shall provide additional information as specified in
The City may retain a consultant to review the financial this chapter, specifically:
report. The cost of the consultant shall be bome by the 1. Provide a written statement specifying the desired
developer with the following exception: density increase, incentives and any waivers requested,
1. If the applicant is a nonprofit organization, the proposed rent schedules and/or sales prices, and the type,
cost of the consultant may be paid by the City upon prior location, size and construction scheduling of all dwelling
approval of the City Council. units;
2015S-47
19.56.060 Cupertino - Zoning 108B
2. Submit a project financial report (pro forma) 2. A finding that any requested incentive will result
demonstrating that the requested incentives will result in in identifiable, financially sufficient, and actual cost
identifiable,financially sufficient,and actual cost reductions reductions based upon the financial analysis and
to the housing development and they are required to provide documentation provided.
for affordable rents or affordable housing costs, as 3. If the density bonus is based all or in part on
applicable. The pro forma shall include the capital costs, donation of land,a finding that all the requirements included
operating expenses,return on investment,loan-to-value ratio in Section 19.56.030C have been met.
and the debt coverage ratio including the contribution(s) 4. If the density bonus or incentive is based all or in
provided by any applicable subsidy program(s),as required; part on the inclusion of a child care facility,a finding that all
3. An appraisal report indicating the value of the the requirements included in Section 19.56.030D have been
density bonus and of the incentive(s)/concession(s); met.
4. A use of funds statement identifying the financial 5. If the density bonus or incentive is based on a
gaps for the housing development with the affordable condominium conversion,a finding that all the requirements
housing units. The analysis shall show how the funding gap included in Section 19.56.030E have been met.
relates to the incentives)/concession(s); 6. If the incentive includes mixed-use development,
5. For any requested waiver of a development a finding that all the requirements included in Section
standard, evidence that the development standard for which 19.56.040B(2)have been met.
the waiver is requested will have the effect of physically 7. If a waiver is requested, a finding that the
precluding the construction of the housing development with development standards for which the waiver is requested
the density bonus and incentives requested. would have the effect of physically precluding the
6. If a mixed use building or project is proposed as construction of the housing development with the density
an incentive, evidence that non-residential land uses will bonus and incentives permitted.
reduce the cost of the housing development and that the B. If the findings required by subsection A. of this
non-residential land uses are compatible with the section can be made,the decision-making body may deny an
development and the existing or planned development in the application for an incentive or waiver requested pursuant to
area. Section 19.56.040 only if it makes one of the following }
7. If a density bonus is requested for a land written findings as applicable to each type of application,
donation, the location of the land to be dedicated, proof of supported by substantial evidence:
site control, and evidence that each of the requirements 1. That the incentive is not required to provide for
included in Section 19.56.030C can be met. affordable rents or affordable sales prices; or
8. If a density bonus or incentive is requested for a 2. That the incentive or waiver would have an
child care facility, evidence that all of the requirements in adverse impact on real property listed in the California
Section 19.56.030D can be met. Register of Historic Resources; or
9. If a density bonus or incentive is requested for a 3. That the incentive or waiver would have a
condominium conversion, evidence that all of the specific, adverse impact upon public health or safety or the
requirements in Section 19.56.030E can be met. physical environment, and there is no feasible method to
10. Any other information requested by the Director satisfactorily mitigate or avoid the specific adverse impact
of Community Development to determine if the required without rendering the residential project unaffordable to low
findings can be made. (Ord. 14-2125, § 6 (part), 2014; and moderate income households. For the purpose of this
Ord. 2085, § 2 (part), 2011; Amended during 4/94 subsection, "specific adverse impact" means a significant,
supplement; Ord. 1569, § 1 (part), 1991) quantifiable, direct, and unavoidable impact, based on
objective, identified, written public health or safety
19.56.070 Findings. standards,policies, or conditions as they existed on the date
A. Before approving an application that includes a that the application for the residential project was deemed
request for a density bonus, incentive, parking reduction complete; or
and/or waiver pursuant this chapter, the decision-making 4. That the incentive or waiver is contrary to state
body shall make the following findings, as applicable: or federal law.
1. A finding that the residential project is eligible for C. If the findings required by subsection A. of this
the density bonus and any incentives,parking reductions or section can be made,the decision-making body may deny an
waivers requested. application for a density bonus or incentive that is based on
the provision of child care only if it makes a written finding,
based on substantial evidence, that the city already has k
adequate child care facilities. (Ord. 14-2125, § 6 (part),
2014)
2015S-47
19.76.010
CHAPTER 19.76: PUBLIC BUILDING(BA), QUASI-PUBLIC
BUILDING(BQ)AND TRANSPORTATION(T) ZONES
Section
19.76.010 Purpose. 19.76.020 Applicability of Regulations.
19.76.020 Applicability of regulations. The specific regulations of this chapter shall apply to
19.76.030 Permitted, conditional and excluded all BA, BQ and T zoning districts.
uses in BA, BQ and T Zones. (Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part),
19.76.040 Permits required for development. 2011; Ord. 1601, Exh. A(part), 1992)
19.76.050 Application requirements.
19.76.060 Site development regulations. 19.76.030 Permitted, Conditional and Excluded
Uses in BA, BQ and T Zones.
Permitted,Conditional and Excluded Uses that may be
19.76.010 Purpose. conducted from property zoned Public Building (BA),
The BA, BQ and T zoning districts are designed to Quasi-Public Building (BQ), and Transportation (T) are
accommodate governmental, public utility, educational, identified in Table 19.76.030.
religious,community service,transportation,or recreational
facilities in the City.
(Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1601, Exh. A(part), 1992)
Table 19.76.030-Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones
Zoning Districts
Uses
BA BQ T
1. Buildings and other uses on land owned or utilized by a P - -
federal, State, county, or city government or authority, or by a
special district created for public purposes under the laws of
the State of California are permitted in a BA zone.
2. Rotating homeless shelter provided that the following
conditions are met: - P -
a. Shelter is located within an existing church structure;
b. The number of occupants does not exceed twenty-five;
C. The hours of operation do not exceed six p.m. to seven
a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
f. Operation period does not exceed two months in any
twelve-month period at any single location.
2015S-47 139
19.76.030 Cupertino-Zoning 140
Table 19.76.030-Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones (Cont.)
Zoning Districts
Uses
BA BQ T
3. Permanent emergency shelter provided the following conditions
are met: - P -
a. Section 19.76.030(2)(b), (d), (e);
b. A management plan is provided which includes a detailed
operation plan.
C. Shelter is available to any individual or household
regardless of their ability to pay; and
d. Occupancy is limited to six months or less.
4. Public utility companies regulated by the Public Utility - CUP-PC -
Commission for uses restricted to administrative and office
buildings, communication equipment buildings, including
parking, landscaping and maintenance within an enclosed area
or storage yard;
5. Religious, civic, and comparable organizations, for uses - CUP-PC -
restricted to church buildings, community halls, administrative
buildings, schoolrooms, recreational facilities, and athletic
fields, convents, seminaries, and similar uses customarily r"
associated with churches, including parking and landscaping
areas;
6. Child care facility, residential care facilities, congregate - CUP-PC -
residence,hospitals, vocational and specialized schools;
7. Lodges, clubs, country clubs, including accessory uses such as - CUP-PC -
swimming pools, picnic areas, golf courses, driving tees or
ranges, miniature golf courses (all uses to be restricted to
members of the above organizations and their guests);
8. Large-family daycare home; - CUP-PC -
9. Airports, airfields and helicopter terminals, including - - CUP-PC
administration and service buildings, maintenance and storage
yards
10. Railroads, including terminals and stations, freight yards, - - CUP-PC
marshaling yards, storage yards, administrative and service
buildings
11. Bus terminals and stations, including administration and service - - CUP-PC
buildings, maintenance and storage yards
(Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2(part), 2011)
r M�ti
2015S-47
141 Public Building(BA), Quasi-Public Building(BQ) and Transportation (T) Zones 19.76.030
Table 19.76.030-Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones(Cont.)
Uses
Zoning Districts
BA BQ T
12. Freeways, expressways, and other roads with limited or - - CUP-PC
controlled access, including administrative buildings and
maintenance yards
Key:
P- Permitted Use
-- Not Allowed
CUP-Admin. - Conditional Use Permit issued by the Director of Community
Development
CUP-PC- Conditional Use Permit issued by the Planning Commission
CUP-CC- Conditional Use Permit issued by the City Council
Ex- Excluded Uses
19.76.040 Permits Required for Development. 1. There are no minimum setbacks in BA, BQ or T
Prior to the erection of a new building or structure or zoning districts; provided, however, that the Planning
enlargement or modification of an existing building, Commission may establish minimum setbacks with respect
structure, or site (including landscaping and lighting) in a to each individual application for a development permit or
BA, BQ or T zoning district, the applicant for a building a conditional use permit in order to provide adequate light,
permit must obtain permits in accord with Chapter 19.12. air and visibility at intersections, and to provide general
(Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part), conformity with adjacent and nearby zones and lots, or to
2011) promote the general excellence of the development;
2. Adequate screening to limit noise,to reduce glare
19.76.050 Application Requirements. of lights, and to prevent obnoxious emissions shall be
Prior to the issuance of development permits, or any provided when deemed appropriate by the Planning
amendment thereto, an application shall be made that, in Commission.
addition to the requirements in Chapter 19.12, shall include (Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part),
a development plan. The plan shall include: 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part),
A. Types and heights of buildings/structures and 1992)
location of areas where buildings are to be placed;
B. A proposed system of public and private streets,
including cross-sections for all types of streets;
C. Landscape plans;
D. Parking and loading plans as required by this title;
E. Any other information, which the Director of
Community Development requires in order to evaluate the
effects of the proposed facilities on the surrounding areas.
(Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part),
1992)
19.76.060 Site Development Regulations.
A. Maximum Height of Buildings and Structures.
The height of buildings in BA, BQ and T zone districts is
regulated by the development plan.
B. Setbacks and Screening.
2015S-47
19.80.010
CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES
Section
19.80.010 Purpose. district may be established, modified or deleted in accord
19.80.020 Applicability of regulations. with the procedures described in this chapter.
19.80.030 Establishment of districts—Permitted B. All P districts shall be identified on the zoning
and conditional uses. map with the letter coding "P" followed by a specific
19.80.040 Zoning or prezoning. reference to the general type of use allowed in the particular
19.80.050 Development permit. planning development zoning district. For example, a
planned development zoning district in which the uses are to
be general commercial in nature, would be designated
19.80.010 Purpose. "P(CG)." A planned development zoning district in which
A. The planned development (P) zoning district is the uses are intended to be a mix of general commercial and
intended to provide a means of guiding land development or residential would be designated "P(CG/Res)."
redevelopment of the City that is uniquely suited for planned C. Permitted uses in a P zoning district shall consist
coordination of land uses and to provide for a greater of all uses which are permitted in the zoning district which
flexibility of land use intensity and design because of constitutes the designation following the letter coding "P."
accessibility, ownership patterns, topographical For example, the permitted uses in a P(CG)zoning district
considerations, and community design objectives. are the same uses which are permitted in a CG zoning
B. The planned development zoning district is district for sties with a mixed-use residential designation,
specifically intended to encourage variety in the Section 19.80.030F shall apply.
development pattern of the community; to promote a more D. Conditional uses in a P zoning district shall
desirable living environment; to encourage creative consist of all uses which require the issuance of a
approaches in land development; to provide a means of conditional use permit in the zoning district which
reducing the amount of improvements required in constitutes the designation following the letter coding "P."
development through better design and land planning, to For example,the conditional uses in a P(CG)zoning district
conserve natural features, to facilitate a more aesthetic and are the same uses which require a conditional use permit in
efficient use of open spaces, and to encourage the creation CG zoning district. Each conditional use in a P zoning
of public or private common open space. district requires a separate conditional use permit for sites
(Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part), with a mixed-use residential designation, Section
2011) 19.80.030F shall apply.
E. The general category of uses in a P zone shall be
19.80.020 Applicability of Regulations. defined at the time of the conceptual plan, and shall be
No building, structure or land shall be used and no consistent with the adopted General Plan relative to the
building or structure shall be erected, enlarged or property in the application. The development standards and
structurally altered, or demolished, in any planned regulations of the permitted and conditional uses shall be
development zoning district, except in accordance with the established in conjunction with the approval of the
provisions set forth in this chapter. conceptual and definitive plans.
(Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part), F. For sites with a mixed-use residential designation
2011) the following shall apply:
1. For sites in the Monta Vista Village Special Area,
19.80.030 Establishment of Districts—Permitted and residential shall be a permitted use.
Conditional Uses. 2. If a site is listed as a Priority Housing Site in the
A. Planned development zoning districts may be City's adopted Housing Element of the General Plan, then
established,modified or removed from the zoning map,and residential development that does not exceed the number of
the regulations applicable to any planned development units designated for the site in the Housing Element shall be
a permitted use.
2015 S-47 143
19.80.030 Cupertino-Zoning 144
3. Residential development on sites not designated 5. That the conceptual development plan makes
as Priority Housing Sites in the City's adopted Housing provisions for adequate parking, waste disposal and
Element of the General Plan and residential development on undergrounding of utilities.
a Priority Housing Site that exceeds the number of units D. Modifications. Any modification of the
designated for that Priority Housing Site shall be a conceptual plan requires the submission of a rezoning
conditional use. application.
4. Priority Housing Sites shall be shown on the (Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part),
City's zoning map. 2011)
G. For sites which require a specific plan prior to
development approval, the permitted and conditional uses 19.80.050 Development Permit.
shall be as shown in the specific plan. Process and Review Authority - Prior to any
(Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part), development within a planned development zoning district,
2011) the applicant must obtain a development permit approving
the development pursuant to the requirements of Chapter
19.80.040 Zoning or Prezoning. 19.156.
A. Application. The applicant for a P zoning district (Ord. 14-2125, § 8 (part), 2014; Ord. 2085, § 2 (part),
shall,in addition to information required per Chapter 19.12, 2011)
at the time of the application, submit to the Director of
Community Development a conceptual development plan,
which shall include:
1. A general description of the proposed uses,
2. The proposed traffic-circulation system,
3. A topographical map of the site and the
neighboring properties,
4. A landscaping plan.
B. Process and Review Authority.
1. Applications for the zoning, prezoning or
rezoning of property shall be processed in the manner
prescribed in Chapter 19.152.
C. Findings. No such ordinance may be adopted
unless, in addition to making the findings required by
Chapter 19.152, the following findings are made:
1. That the conceptual development plan attached to
the application is consistent with both the General Plan and
any underlying zoning designation which regulates the site;
2. That the conceptual development plan provides
for an organized and unified system of land uses and land
use intensities which would be compatible with the
surrounding neighborhood;
3. That the conceptual development plan for a
residential use ensures that the proposed development
provides adequate active and passive oriented open space
within the development to satisfy the needs of future
residents and, further, that the proposed development
provides adequate landscaping that will function in a manner
which will enhance the individual development and the
community as a whole;
4. That the conceptual development plan ensures that
the location of the site with respect to major thoroughfares
and uses outside the zone would not create undue and
unreasonable traffic congestion in the area;
2015S-47
19.84.010
CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED
USES IN OPEN SPACE, PARK AND RECREATION AND
PRIVATE RECREATION ZONING DISTRICTS
Section
19.84.010 Applicability of regulations. 19.84.020 Permitted, Conditional and Excluded
19.84.020 Permitted, conditional and excluded Uses in Open Space,Park and Recreation
uses in open space, park and and Private Recreation Zones.
recreation and private recreation Table 19.84.020 sets forth the Permitted, Conditional
zones. and Excluded Uses in Open Space, Park and Recreation and
Private Recreation zones.
19.84.010 Applicability of Regulations.
No building or structure or land shall be used in an OS,
PR and FP zoning district, otherwise than in conformance
with the provisions of this chapter.
(Ord. 14-2125, § 9 (part), 2014; Ord. 2085, § 2 (part),
2011)
Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space,
Park and Recreation and Private Recreation Zones
Zoning Districts
Uses
OS PR FP
A. Low-intensity recreational uses such as hiking, birdwatching, walking, P P -
picnicking and other similar activities
B. Minor maintenance of vegetation such as mowing or trimming P P P
C. Incidental gardening P P P
D. The erection or maintenance of minor structures, such as fences, gates, P P P
culverts and drainage ditches.
E. Any legal nonconforming use as provided for in Chapter 19.140 of the P P P
City's Ordinance Code
F. Temporary uses subject to regulations established by Chapter 19.160 CUP- P CUP-
Admin Admin
G. Noncommercial stables for riding horses CUP- - -
Admin
H. Artificial or constructed pools, ponds, lakes or streams CUP- P CUP-
Admin PC
I. Playgrounds CUP- P CUP-
Admin PC
2015S-47 145
19.84.020 Cupertino-Zoning 146
1
Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space,
Park and Recreation and Private Recreation Zones (Cont.)
Zoning Districts
Uses
OS PR FP
J. Any other use which is compatible with open space or park and CUP- P -
recreation and otherwise is in conformance with the purposes of the Admin
OS or PR zoning district
K. Parks, playgrounds, and recreation facilities, as regulated by Title 13 - P -
of this code
L. Agricultural activities for educational and recreational purposes, such - P -
as community gardens and hobby farms
M. Single-family residences for the purpose of housing a caretaker for the - P -
park. The residence may take the form of a mobilehome as well as a
permanent residential structure.
N. Accessory facilities and uses customarily incidental to permitted uses P P P
and otherwise conforming with the provisions of Chapter 19.92 of this
title
O. Parking facilities as necessary for park usage - P -
P. Outdoor Uses: - - CUP-
1. Equestrian center including riding academies, stables and horse PC
rental,
2. Practice range for archery or firearms,
3. Golf course with or without driving range,
4. Swim and racquet club,
5. Swimming, diving or related sports center,
6. Picnic areas,
7. Racquet sports center for tennis, racquetball, badminton and
similar activities,
8. Specialty outdoor activity center encompassing one or more of
the following or similar uses:
a. Roller skating,
b. Skateboarding,
C. Lawn bowling, bocce ball,
d. Miniature golf,
e. Waterslide,
9. Commercial athletic field for one or more of the following or
similar uses:
a. Baseball, softball or batting cage training,
b. Football
C. Soccer,
d. Volleyball,
e. Field hockey,
f. Basketball,
10. Amusement parks with or without rides or live entertainment,
11. Bicycle motocross course/go-cart track or similar specialty
raceway, but excluding facilities for racing of automobiles or
motorcycles,
2015S-47
147 Permitted, Conditional and Excluded Uses in Open Space, Park and 19.84.020
Recreation and Private Recreation Zoning Districts
Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space,
Park and Recreation and Private Recreation Zones (Cont.)
Zoning Districts
Uses
OS PR FP
P. Outdoor Uses: (Cont.) - - CUP-
12. Air sports field for hang gliding, ultralight aircraft or ballooning, PC
but excluding common carrier passenger aircraft service,
13. Other outdoor recreation uses which are found by the Director of
Community Development to be of similar intensity and
characteristics of use to those enumerated in this subdivision;
Q. Indoor Uses: - - CUP-
1. Museums and galleries, PC
2. Theaters for film, stage or music entertainment,
3. Specialty indoor activity center encompassing one or more of the
following or similar uses:
a. Bowling,
b. Video games,
C. Pool,billiards,
d. Martial arts,
e. Ice or roller skating rink,
4. Personal fitness or sports training center with primary location of
facilities and equipment enclosed within a structure,
5. Dancehall or facility for dance instruction,
6. Other indoor recreation uses which are found by the City Council
or Planning Commission to be of similar intensity and
characteristics of use to those enumerated in this subsection.
R. Subsidiary Uses:
1. Competition and tournament facilities, including stadium seating, - - CUP-
concession stands and box office/ticket sales for on-premises PC
events only,
2. Restaurant without separate bar facility,
3. Repair shop, servicing equipment associated with the activities
authorized under the principal use permit,
4. Retail sales of equipment and supplies customarily associated
with the activities authorized under the principal use permit,
5. Caretaker's or security officer's residence
6. Other uses deemed by the Planning Commission or City Council
to be subsidiary to the principal use authorized on the site.
S. Card Clubs and similar businesses operating games of chance - - Ex
T. Nightclubs - - Ex
U. Other uses which are found by the Director of Community - - Ex
Development to be in conflict with the objective of the FP zoning
district
2012S-31
19.84.020 Cupertino-Zoning 148
Table 19.84.020: Permitted, Conditional and Excluded Uses in Open Space,
Park and Recreation and Private Recreation Zones (Cont.)
Key:
P— Permitted Use
-— Not Allowed
CUP-Admin. — Conditional Use Permit issued by the Director of Community
Development
CUP-PC — Conditional Use Permit issued by the Planning Commission
CUP-CC — Conditional Use Permit issued by the City Council
Ex— Excluded Uses
(Ord. 14-2125, § 9 (part), 2014; Ord. 2085, § 2(part), 2011)
l
2015S-47
19.144.010
CHAPTER 19.144: DEVELOPMENT AGREEMENTS
Section
19.144.010 Findings and declaration of intent. economic cost to the public. The City Council finds and
19.144.020 Purpose of development agreement. determines that under appropriate circumstances,
19.144.030 Authority for adoption. development agreements will strengthen the public planning
19.144.040 Application requirements. process, encourage private participation in comprehensive
19.144.050 Qualification as an applicant. planning by providing a greater degree of certainty in that
19.144.060 Proposed form of development process, reduce the economic costs of development, allow
agreement. for the orderly planning of public improvements and
19.144.070 Contents of a development services and the allocation of costs therefor in order to
agreement. achieve the maximum utilization of public and private
19.144.080 Consistency with general and resources in the development process, and assure, to the
specific plans. extent feasible, that appropriate measures to enhance and
19.144.090 Public hearing and ordinance protect the environment of the City are achieved. The City
required. Council further finds that the lack of public facilities,
19.144.110 Findings. including, but not limited to, streets, sewerage,
19.144.120 Irregularity in proceeding. transportation, drinking water, school, and utility facilities,
19.144.140 Time for and initiation of review. is a serious impediment to the development of new housing.
19.144.150 Finding of compliance-Appeal. B. The City Council further finds and determines
19.144.160 Finding of noncompliance-Appeal. that the public safety, health, convenience, comfort,
19,144.170 Appeal of determination. prosperity and general welfare will be furthered by the
19.144.190 Cancellation or modification by adoption of this chapter in order to provide a mechanism for
mutual consent. the enactment of development agreements to accomplish the
19.144.200 Cancellation by the city. foregoing purposes and aims and the realization of the
19.144.210 Rights of the parties after benefits.
cancellation or termination. (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
19.144.220 Rules affecting development 2011; Ord. 1256, (part), 1984)
agreement.
19.144.230 Separate procedure. 19.144.020 Purpose of Development Agreement.
19.144.240 Effect of development agreement. Development agreements enacted pursuant to this
19.144.250 Construction. chapter are to ensure to the applicant for a development
19.144.260 Execution and recordation of project that upon approval of the project, the applicant may
development agreement, amendment proceed with the project in accordance with existing
or cancellation. policies, rules and regulations, and subject to specified
19.144.270 Judicial review-Time limitation. conditions of approval, in order to implement the intent of
the City Council in enacting this title. Development
agreements will also ensure that all conditions of approval,
19.144.010 Findings and Declaration of Intent. including the construction of off-site improvements made
A. The California Legislature in Section 65864 of the necessary by such land developments, will proceed in an
Government Code has found that the lack of certainty in the orderly and economical fashion to the benefit of the City.
approval of development projects can result in a waste of (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
resources, escalate the cost of housing and other 2011; Ord. 1256, (part), 1984)
development to the consumer, and discourage investment in
and commitment to comprehensive planning which would 19.144.030 Authority for Adoption.
make maximum efficient utilization of resources at the least This chapter is adopted under the authority of
Government Code Sections 65864 through 65869.5.
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
2011; Ord. 1256, (part), 1984)
2015S-47 233
19.144.040 Cupertino-Zoning 234
19.144.040 Application Requirements. the development agreement, those which may vary and the
An application for a development agreement shall standards and criteria pursuant to which the same may be
include, in addition to the requirements of Chapter 19.12, a reviewed;
development agreement proposal as described in D. An identification of the approvals and permits for
19.144.060. the development project enacted to the date of or
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), contemplated by the development agreement;
2011) E. The duration of the development agreement;
F. The permitted uses of the property;
19.144.050 Qualification as an Applicant. G. The maximum height and size of the proposed
A. Only a qualified applicant may file an application buildings, and provisions for dedications of land for public
to enter into a development agreement. The Director of purposes;
Community Development shall require an applicant to H. A program and criteria for periodic review under
submit proof of his or her interest in the real property and of this chapter;
the authority of the agent to act for the applicant. This proof I. Appropriate provisions guaranteeing or securing
may include a title report, policy or guarantee, issued by a performance of the development agreement on the part of
title company licensed to do business in the State evidencing the developer;
the requisite interest of the applicant in the real property. J. Specific standards for periodic review of a
B. Other Parties. In addition to the City and development agreement;
developer, any federal, State or local governmental agency K. Specific standards to insure compliance by the
or body may be included as a party to any development parties to a development agreement;
agreement. Any additional party shall be made a party to L. The Development Agreement may provide that
the development agreement pursuant to the provisions of the construction shall be commenced within a specified time and
Joint Exercise of Powers Act (Government Code Section that the project or any phase shall be commenced within a
6500, et seq.) providing for joint powers agreements, or specified time and that the project and any phase be
provisions of other applicable federal, State or local law, in completed within a specified time.
order to create a legally binding agreement between such M. Information required in accord with Section
parties. 19.140.070;
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), N. Any other relevant information which may be
2011; Ord. 1256, (part), 1984) deemed necessary by the Director of Community
Development pursuant to this chapter.
19.144.060 Proposed Form of Development (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
Agreement. 2011; Ord. 1256, (part), 1984)
Each application shall be accompanied by the form of
development agreement proposed by the City. This 19.144.070 Contents of a Development Agreement.
requirement may be met by designating the City's then A. A development agreement shall specify its
standard form of development agreement as prepared by the duration, the permitted uses of the property, the density
City Attorney and including specific proposals for changes and/or intensity of use, the maximum height and size of
in or additions to the language of the standard form. The proposed buildings, and provisions for reservation or
City's Proposed Form of Development Agreement shall dedication of land for public purposes.
include the following: B. A development agreement shall attach and
A. The parties to the development agreement; incorporate by reference all conditions of approval imposed
B. The nature of the applicant's legal or equitable by the City with respect to the development project.
interest in the real property constituting such applicant as a C. All development agreements shall contain an
qualified applicant under this chapter; indemnity and insurance clause in form and substance
C. A description of the development project acceptable to the City Attorney, requiring the developer to
sufficient to permit the development agreement to be indemnify the City against claims arising out of the
reviewed under the applicable criteria of this chapter. Such development process and limiting the developer's sole
description may include, but is not limited to, references to remedy to specific performance and thereby eliminating any
site and building plans, elevations,relationships to adjacent potential damages to be paid by the City under the
properties and operational data. Where appropriate, such development agreement;provided,that,these provisions do
description may distinguish between elements of the not violate applicable law or constitute a joint venture,
development project which are proposed to be fixed under partnership or other participation in business affairs of
developer by the City.
2015S-47
235 Development Agreements 19.144.070
D. All development agreements, or any part of F. Will promote and encourage the development of
development agreements, may be subject to subsequent the proposed project by providing a greater degree of
condemnation proceedings by the City. requisite certainty.
E. Community Benefits:At the discretion of the City (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
Council, additional heights over the base height standard in 2011; Ord. 1256, (part), 1984)
gateways and nodes may be approved up to the maximum
heights as shown in the General Plan Community Form 19.144.120 Irregularity in Proceeding.
Diagram (Fig. LU-1 of the General Plan) in conformance Formal rules of evidence or procedure which must be
with the Community Benefits Program. followed in a court of law shall not be applied in the
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), consideration of a proposed development agreement under
2011; Ord. 1256, (part), 1984) this chapter and the provisions of Chapter 19.12, shall
provide the procedure for such consideration. No action,
19.144.080 Consistency with General and Specific inaction or recommendation regarding the proposed
Plans. development agreement shall be held void or invalid or be
Before the City Council may approve the development set aside by a court on the ground of the improper admission
agreement,it must find that its provisions are consistent with or rejection of evidence or by reason of any error,
the General Plan and any applicable specific plans of the irregularity,informality,neglect or omission("error")as to
City. If the City Council approves the development any matter pertaining to the application, notice, finding,
agreement in the form recommended by the Planning record,hearing, report, recommendation, or any matters of
Commission, without further findings, then it shall be procedure whatever unless after an examination of the entire
deemed to have also adopted the findings of the Planning case, including the evidence, the court finds that the error
Commission. complained of was prejudicial and that by reason of the
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), error the complaining party sustained and suffered
2011) substantial injury, and that a different result would have
been probable if the error has not occurred or existed.There
19.144.090 Public Hearing and Ordinance Required. is no presumption that error is prejudicial or that injury
A development agreement is a legislative act and shall resulted if error is shown.
be enacted by ordinance only after a public hearing before (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
the City Council. The ordinance shall refer to and 2011; Ord. 1256, (part), 1984)
incorporate by reference the text of the development
agreement. 19.144.140 Time for and Initiation of Review.
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), The Director of Community Development shall review
2011) the development agreement annually in order to ascertain the
good faith compliance by the developer with its terms. The
19.144.110 Findings. Developer shall submit documentation as required by the
A Development Agreement shall be enacted by Director of Community Development to demonstrate good
ordinance by the City Council upon making the following faith compliance by the developer of the terms of the
findings: development agreement. The time for review may be
A. Is consistent with the objectives,policies,general modified by the City Council at any time upon reasonable
land uses and programs specified in the General plan and notice to the developer,and the development agreement may
any applicable specific plan; prescribe a procedure and standards and different times for
B. Is compatible with the uses authorized in,and the review of compliance with its terms; provided, however,
regulations prescribed for,the land use district in which the that a development agreement shall in any event be reviewed
real property is or will be located; for compliance at least once every twelve months.
C. Is in conformity with and will promote public (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
convenience, general welfare and good land use practice; 2011; Ord. 1256, (part), 1984)
D. Will not be detrimental to the health, safety and
general welfare; 19.144.150 Finding of Compliance—Appeal.
E. Will not adversely affect the orderly development If the Director of Community Development finds good
of property or the preservation of property values; and faith compliance by the developer with the terms of the
development agreement,he or she may issue a certificate of
compliance, which shall be in recordable form and may be
2015S-47
19.144.150 Cupertino -Zoning 236
recorded by the developer in the official records. The 19.144.200 Cancellation by the City.
issuance of a certificate of compliance by the Planning A. The City Council shall conduct a noticed hearing
Director and the expiration of the appeal period hereinafter on the recommendations of the Director of Community
specified without appeal, or the confirmation by the City Development at which the developer and any other
Council of the issuance of the certificate on such appeal, interested person shall be entitled to submit evidence and
shall conclude the review for the applicable period and such testimony as may be germane to the issue of the developer's
determination shall be final. good faith compliance with the terms of the development
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), agreement. If the City Council finds, based on substantial
2011; Ord. 1256, (part), 1984) evidence, noncompliance with the terms and conditions of
the development agreement, it may either cancel the
19.144.160 Finding of Noncompliance—Appeal. development agreement upon giving sixty days'notice to the
If the Planning Director, on basis of substantial developer, or in its discretion, may allow the development
evidence, finds the developer has not complied in good faith agreement to be continued by imposition of new terms and
with the terms of the development agreement,he or she may conditions intended to remedy noncompliance. The City
specify in writing to the developer the respects, in which Council may impose conditions to the action it takes as it
developer has failed to comply. The Director of Community considers necessary to protect the interests of the City. The
Development shall also specify a reasonable time for the decision of the City Council shall be final.
developer to meet the terms of compliance. If such areas of B. Any cancellation or imposition of new terms and
noncompliance are not perfected within the reasonable time conditions pursuant to this section shall be noticed in
limits as prescribed, the development agreement shall be accordance with the procedures specified in Chapter 19.12.
subject to modification or cancellation by the City Council. (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984)
2011; Ord. 1256, (part), 1984)
19.144.210 Rights of the Parties after Cancellation or
19.144.170 Appeal of Determination. Termination. ,
Any interested person may file an appeal of the In the event that a development agreement should be
issuance of a certificate of compliance to the City Council canceled,or otherwise terminated,unless otherwise agreed,
within ten days after the certificate's issuance. The all rights of the developer, property owner or successors in
developer may also file an appeal to the City Council of the interest under the development agreement shall terminate.
finding of the Director of Community Development of Any and all benefits, including money or land, received by
noncompliance within ten days after the giving of notice of the City shall be retained by the City. Notwithstanding the
such determination. All appeals before the City Council above provision, any termination of the development
shall be conducted pursuant to a noticed hearing in the same agreement shall not prevent the developer from completing
manner as any other appeal before the City Council, at and occupying a building or other improvements authorized
which evidence shall be taken and findings made. pursuant to a valid building permit previously approved by
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), the City or under construction at the time of termination,but
2011; Ord. 1256, (part), 1984) the City may take any action permitted by law to prevent,
stop, or correct any violation of law occurring during and
19.144.190 Cancellation or Modification by Mutual after construction, and the developer or any tenant shall not
Consent. occupy any portion of the project or any building not
Any development agreement may be canceled or authorized by a previously issued building permit. As used
amended by mutual consent of the parties, but only in the herein, "construction" means work under a valid building
manner provided in California Government Code Section permit, and "completing" means completion for beneficial
65868. Any proposal to cancel or amend a development occupancy for developer's use, or if a portion of the project
agreement shall be heard and determined in accordance with is intended for use by a lessee or tenant, then for such
the same procedures specified by this chapter for approval portion "completion" means completion except for interior
of a development agreement. improvements such as partitions,duct and electrical runouts,
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), floor coverings, wall coverings, lighting, furniture, trade
2011; Ord. 1256, (part), 1984) fixtures,finished ceilings,and other improvements typically
constructed by or for tenants of similar buildings. All such
uses shall, to the extent applicable, be deemed
2015S-47
237 Development Agreements 19.144.210
nonconforming uses and shall be subject to the 19.144.250 Construction.
nonconforming use provisions of the planning code. This chapter and any subsequent development
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), agreement shall be read together. With respect to any
2011; Ord. 1256, (part), 1984) development agreement enacted under this chapter, any
provision of such a development agreement which is in
19.144.220 Rules Affecting Development Agreement. conflict with this chapter shall be void. Unless otherwise
All development agreements shall be subject to the provided by the development agreement, the City's rules,
regulation and requirements of the laws of the State, the regulations and official policies governing permitted uses of
Constitution of the United States and any codes, statutes or the land, governing density and governing design,
executive mandates and any court decisions, State or improvement and construction standards and specifications
federal. In the event that any such law, code, statute, applicable to development of the property subject to a
mandate or decision made or enacted after a development development agreement shall be those City rules,regulations
agreement has been entered into prevents or precludes and official policies in force at the time of the approval of
compliance with one or more provisions of the development the development agreement by the City Council; provided,
agreement, then such provisions of the development however,that the developer is subject to all increases in City
agreement shall be modified or suspended in the manner and imposed fees and charges with respect to subsequent
pursuant to the procedures specified in the development applications for development and construction within the
agreement, as may be necessary to comply with such law, property subject to a development agreement.
code, statute, mandate or decision. (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984)
2011; Ord. 1256, (part), 1984)
19.144.260 Execution and Recordation of
19.144.230 Separate Procedure. Development Agreement,Amendment or
All development agreements entail and consist of a Cancellation.
separate procedure from other land use planning procedures A. Within ten days after the ordinance approving the
and shall not take the place of the zoning ordinances, the development agreement takes effect, the City Council shall
General Plan, planned development permits, development execute the development agreement, and the City Council
permits, conditional use permits, subdivision approvals, Clerk shall have the development agreement recorded with
building permits or any other City planning functions. If so the County Recorder.
specified in the development agreement,it shall constitute an B. If the parties to the development agreement or
approval pursuant to such planning procedures as if their successors in interest amend or cancel the development
separately enacted under other City planning ordinances. To agreement as provided in Government Code Section 65868,
the extent practicable, public hearings on a proposed and this chapter, or if the City Council terminates or
development agreement shall be held concurrently with the modifies the development agreement as provided in
public hearings on all related land use approvals and all such Government Code Section 65865.1 and this chapter for
approvals shall be made concurrently with the approval of failure of the developer to comply in good faith with the
the development agreement. terms or conditions of the development agreement, the City
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), Council Clerk shall, after such action takes effect, have
2011; Ord. 2056, (part), 2010; Ord. 1256, (part), 1984) notice of such action recorded with the County Recorder.
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
19.144.240 Effect of Development Agreement. 2011; Ord. 1256, (part), 1984)
When approved, the development agreement and any
development control maps and all notations, references and 19.144.270 Judicial Review—Time Limitation.
regulations which are a part of the development agreement Any action or proceeding to attack, review, set, set
shall be part of the development agreement ordinance. aside, void or annul, any decision of the City pursuant to
Development control maps include, but are not limited to, this chapter shall not be maintained by any person unless the
regulations intended to carry out any plan respecting location action or proceeding is commenced within ninety days after
or type of activities; height, bulk, siding or design of the date of decision as provided in Section 1094.6 of the
structures;location or design of open areas;and landscaping Code of Civil Procedure, State of California.
and other comparable regulations. (Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part),
(Ord. 14-2125, § 10 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1256, (part), 1984)
2011; Ord. 1256, (part), 1984)
2015S-47
19.172.010
CHAPTER 19.172: BELOW MARKET RATE HOUSING PROGRAM
Section
19.172.010 Purpose. B. To the extent permitted by law, the City's
19.172.020 Below Market Rate (BMR) Housing objective is to obtain actual affordable housing units within
Program Requirements. each development rather than off-site units or mitigation fee
19.172.030 BMR Program Administration. payments. Provision of off-site units, land donation, or
payment of Housing Mitigation Fees may only be permitted
as specified in the Residential Housing Mitigation Program
19.172.010 Purpose. rules and regulations.
The purpose of this chapter is to: (Ord. 14-2125, § 11 (part), 2014)
A. Encourage the development and availability of
housing affordable to a broad range of households with 19.172.030 BMR Program Administration.
varying income levels within the city as mandated by State A. The City Council shall adopt rules and regulations
Law, California Government Code Sections 65580 and the consistent with the provisions of this chapter and the
City of Cupertino's General Plan, including its Housing Housing Element for the purpose of carrying out the
Element. administration of the Residential Housing Mitigation
B. Promote the city's goal to add affordable housing Program. Such rules and regulations shall address,but are
units to the city's housing stock in proportion to the overall not limited to, program eligibility requirements, affordable
increase in new jobs and market rate housing units. housing cost, income limits, preferences for housing
C. Mitigate the need for affordable housing created applicants, minimum occupancy limits, waiting list
by new market-rate housing development and ensure that procedures,buyer selection procedures,methodology for the
market-rate housing development does not utilize all land calculation of affordable housing cost and affordable rent,
available in the city for affordable housing. resale restrictions and reasonable accommodations for
D. Mitigate environmental and other impacts that disable applicants. The rules and regulations shall also
accompany new residential and commercial development by address Residential Housing Mitigation Program components
protecting the economic diversity of the city's housing stock, such as the provision of rental BMR units in for-sale housing
with the goal of reducing traffic, transit and related air developments or off-site BMR units. A copy of such
quality impacts, promoting jobs/housing balance and policies, rules and regulations shall be on file and available
reducing the demands placed on transportation infrastructure for public examination in the office of the city clerk.
in the region. B. Failure or refusal to comply with any such rules,
E. Increase the supply of for-sale and rental housing regulations or agreements promulgated under this section
for families and individuals employed in Cupertino whose shall be deemed a violation of this chapter.
incomes are insufficient to afford market rate housing. (Ord. 14-2125, § 11 (part), 2014)
Since the historical rate of production of affordable housing
in the city, by private developers is very low, the BMR
program is essential to meet the city's need for affordable
housing.
(Ord. 14-2125, § 11 (part), 2014)
19.172.020 Below Market Rate (BMR) Housing
Program Requirements.
A. Developers of housing development projects must
comply with the requirements set forth in Residential
Housing Mitigation Program of the City of Cupertino's
Housing Element of the General Plan.
2015S-47 253
31 Comprehensive Ordinance List
Ord. No. Ord. No.
2.04, 2.04.020, 2.04.040(A) and 1702 Approves development agreement
(C)(1), 2.08.080(B), 2.08.090(A), between city and Hewlett-Packard
2.08.095(B)(1) and (C), 2.08.100, Company (Special) (Repealed by Ord.
2.12.010, 2.12.020, introduction and 13-2115)
passage of ordinances, 2.20.010, 1703 Repeals and replaces Ch. 6.28, cable
2.20.020, 2.20.110, city clerk, television franchise regulations
2.24.010, 2.24.020, 2.24.030, (Repealed by 09-2045)
2.24.040, city treasurer, 2.28.010, 1704 Adds intersection to § 11.20.030 and
2.28.030(B), 2.28.040, 2.28.050, deletes intersection from § 11.20.020,
2.28.060, 2.28.070, 2.28.090, city stop signs (11.20)
manager, 2.30.010, 2.30.020, code 1705 Adds §§ 5.28.045, 5.28.165 and
enforcement officer, 2.32.020(A), 5.28.175, taxicabs; amends
2.32.040, 2.32.060(B), 2.32.070, §§ 2.80.020(A), fine arts commission,
2.32.090, planning commission, 3.04.040, revenue and finance,
2.36.040, park and recreation 3.08.090, sales and use tax,
commission, 2.40.020, 2.40.030, 3.12.020(G), transient occupancy tax,
2.40.040, 2.40.050, 2.40.060(B) and 5.16.040, 5.16.050, garage and patio
(G)(3), 2.40.090, disaster council, sales, 5.28.070(F), (G), (H) and(N),
2.48.020, departmental organization, 5.28.080, 5.28.100, 5.28.110,
2.52.050, 2.52.060, 2.52.150, 5.28.130(A), 5.28.170, taxicabs,
2.52.160, 2.52.220, 2.52.240, 5.32.020, 5.32.030, 5.32.050,
2.52.260, 2.52.270(A)(2), (A)(6), (B) 5.32.060, 5.32.080, 5.32.110,
and(C), 2.52.290(L), (l) and(R), 5.32.160, 5.32.190, 5.32.200(C),
2.52.380, 2.52.420, 2.52.430, 5.32.280(B) and(C), 5.32.300(A) and
2.52.440, 2.52.450, 2.52.470(A), (B),bingo, 5.40.010, 5.40.020,
2.52.480, 2.52.490, personnel code, 5.40.030 and the title of Ch. 5.40,
2.68.070(A) and(B), library secondhand dealers and pawnbrokers;
commission, 2.74.040, cable television repeals §§ 3.04.050, 3.04.060,
advisory committee, 2.86.060(A) and 3.04.070, 3.04.080, 3.08.130,
2.86.070, affordable housing 3.08.140, Ch. 3.09, 3.12.030(B), Ch.
committee; repeals §§ 1.04.010(26), 3.16, Ch. 3.20, 3.32.100, 3.34.180,
1.09.170, 2.08.020, 2.08.080(C), 5.04.220, 5.04.520, Ch. 5.08,
2.08.120, 2.32.080, 2.32.100, 5.16.042, Ch. 5.24, 5.32.070, Ch.
2.36.100, 2.52.100(F), 2.52.190, 5.36, 5.40.040, 5.40.050, 5.40.060
2.52.200, 2.52.210, 2.52.270(A)(1), and 5.40.070 (2.80, 3.04, 3.08, 3.12,
(D) and(E), 2.52.390, 2.52.460, 5.16, 5.28, 5.32, 5.40)
2.52.470(A)(5), 2.52.500, 2.52.510, 1706 Repeals and replaces Ch. 16.04,
2.52.520, Ch. 2.56, 2.60.090, Ch. building code adopted(16.04)
2.72, 2.74.080(B) and Ch. 2.76 (1.01, (16.04.110, 16.04.140, Repealed by
1.04, 1.09, 1.12, 1.16, 2.04, 2.08, Ord. 2021; 16.04.170, 16.04.180,
2.12, 2.20, 2.24, 2.28, 2.30, 2.32, Repealed by Ord. 2072; 16.04.010,
2.36, 2.40, 2.48, 2.52, 2.68, 2.74, 16.04.020, 16.04.030, 16.04.050,
2.86) 16.04.060, 16.04.130, 16.04.160,
1698 Adds intersections to §§ 11.20.020 and Repealed by Ord. 13-2115)
11.20.030, stop signs (11.20) 1707 Repeals and replaces Ch. 16.16,
1699 Adopts Stevens Creek Boulevard electrical code adopted(16.16)
specific plan(Special) (16.16.010, 16.16.020, 16.16.030,
1700 Ninety-day moratorium on issuance of 16.16.040, 16.16.050, 16.16.070
licenses or permits for massage Repealed by Ord. 13-2115)
establishments and services (Special) 1708 Repeals and replaces Ch. 16.20,
1701 Rezone (Special) plumbing code adopted(16.20)
(16.20.010, 16.20.020, 16.20.080
Repealed by Ord. 13-2115)
2013 S-41
Cupertino- Comprehensive Ordinance List 32
Ord. No. Ord. No.
1709 Repeals and replaces Ch. 16.24, 9.08.120, 9.12.140 and article titles of
mechanical code adopted(16.24) Ch. 9.12(2.74, 2.86, 3.08, 5.28,
(16.24.010, 16.24.020, 16.24.030, 9.12)
16.24.060, 16.24.070, 16.24.080 1723 Amends § 3.32.040, construction tax
Repealed by Ord. 13-2115) (3.32)
1710 Repeals and replaces Ch. 16.56, 1724 Amends § 11.24.150, parking(11.24)
uniform housing code adopted(16.56) 1725 Adds § 19.40.145 (Repealed by Ord.
1711 Repeals and replaces Ch. 16.40, fire 2085) and amends the definitions
code (Repealed by 1828) section of Ch. 19.08 [§ 19.08.030] and
1712 Urgency ordinance; adds §§ 19.40.020, 19.40.050(B) and(F)(1)
§§ 9.06.090(B)(7) and(8), 9.06.245 (Repealed by Ord. 2085),
and 9.06.275; amends §§ 9.06.010(A), 19.40.060(C) and (F)[E] (Repealed by
9.06.020(E) and(G), 9.06.040, Ord. 2085), 19.40.070(A) (Repealed
9.06.070(2), 9.06.080, 9.06.090(B), by Ord. 2085) and 19.40.140
9.06.1 10(B), 9.06.160, 9.06.170, (Repealed by Ord. 2085), zoning
9.06.230, 9.06.240 and 9.06.260; and (19.08, 19.40)
repeals §§ 9.06.120, 9.06.130, 1726 (Not passed)
9.06.140 and 9.06.150, massage 1727 Amends § 11.24.150, parking(11.24)
establishments and services (9.06) 1728 Amends §§2.16.010, 2.16.020 and
1713 Rezone(Special) 2.16.030, city council salaries (2.16)
1714 Amends Ch. 2.74, Cupertino 1729 Amends § 11.24.150, parking(11.24)
telecommunications commission(2.74) 1730 Amends § 11.20.020, stop signs
1715 Amends §§ 14.18.020, 14.18.040, (11.20)
14.18.070, 14.18.150, heritage and 1731 Adds §§ 11.27.145, 14.12.035,
specimen trees, and 19.48.110B, 14.12.055, 14.12.085, 14.12.090,
zoning(14.18, 19.48 (Repealed by 14.12.110 and 14.12.120; amends
Ord. 2073)) §§ 5.44.060, 5.44.060(F), 10.26.090,
1716 Rezone and prezone(Special) 10.26.100, 10.26.110, 10.26.120(A)
1717 Rezone(Special) and(B), 10.26.130, 10.26.150,
1718 Amends § 11.24.160, stopping, 10.44.030, 10.44.040(A),
standing and parking(11.24) 10.44.050(A), 10.44.055(A),
1719 (Number not used) 10.44.056(A), 10.44.060,
1720 Adds subsection M to § 17.16.010 and 10.44.075(A), 10.44.080, 10.44.090,
E to § 17.32.060; amends 10.44.100, 10.44.120, 10.44.140,
§§ 17.32.060(C) and(D) and 10.44.150(A), (B), (C) and(E),
17.32.070(E), signs (17.16, 17.32) 10.44.160, 10.46.050, 10.76.020,
(Title 17 Repealed by Ord. 2085) 11.08.250, 11.08.260, 11.10.016,
1721 Rezone(Special) Table 11.12.030, 11.27.010,
1722 Adds §§ 5.28.070(0), 5.28.100(E), 11.32.090, 14.05.070, 14.12.010,
5.28.165(D) and(E); amends 14.12.140 and 19.52.060(C) (Repealed
§§2.74.010, 2.74.020(A), 2.74.040, by Ord. 2085), 19.56.050(Repealed
2.74,050, 2.74.060, 2.74.070, by Ord. 14-2125); renumbers Ch. 5.44
2.86.010, 2.86.020, 2.86.030, as Ch. 19.106; renumbers prior
2.86.060, 2.86.070, 2.86.100, §§ 14.12.090, 14.12.110 and
2.86.110, 2.86.120, 5.28.070(N), 14.12.120 to §§ 14.12.095, 14.12.130
5.28.180 and titles of Chs. 2.74 and and 14.12.140; deletes T. 10 division
2.86; repeals Chs. 6.04 and 9.16 and titles and Ch. 10.48 article titles;
§§ 2.74.080(B), 3.08.190, 3.08.200, repeals §§ 3.08.180, 3.08.190,
6.08.080, 6.08.090, 6.08.100, 3.08.200, 3.22.080, 3.23.180,
6.12.080, 6.12.090, 6.12.100, 3.25.100, 3.32.090, 3.24.240, _
6.16.060, 6.20.060, 6.24.350,
2015S-47
35 Comprehensive Ordinance List
Ord. No. Ord. No.
1796 Amends §§ 17.32.010, 17.32.040, 1820 Prezone (Special)
17.32.090(E) and 17.32.100, 1821 Prezone(Special)
temporary signs--regulations; 1822 Amends §§ 2.04.010, 5.28.070(N),
renumbers § 17.32.120 to be 5.28.165(E), 10.52.060,
17.24.270, sign regulations; repeals 16.28.060(C), 16.52.041(B)(1),
§ 17.32.110 (17.24, 17.32) (Title 17 16.52.051, 16.52.052,
Repealed by Ord. 2085) 16.52.053(B)(4)(a) and
1797 Amends §§2.06.100(D) and 2.06.130, 19.20.040(A)(1) and repeals
city council--campaign finance(2.06) §§ 3.12.040 and 5.04.280(C), (2.04,
(Repealed by Ord. 1956) 5.28, 10.52, 16.28 (Repealed by Ord.
1798 Proposition for utility users excise tax 2085), 16.52, 19.20 (Repealed by Ord.
and annexation(Special) 2085))
1799 Amends § 19.28.070, zoning (19.28) 1823 Adopts Ch. 5 of the 1977 Uniform
(Repealed by Ord. 2085) Code for Building Conservation
1800 Prezone(Special) (16.60)
1801 Amends § 5.04.460, (5.04) 1824 Amends §§ 16.04.010 and 16.04.110
1802 Adds § 16.28.045; amends and repeals §§ 16.04.070, 16.04.090,
§ 16.28.060, (16.28) (Repealed by 16.04.100 and 16.04.120, building
Ord. 2085) code(16.04) (16.04.110 Repealed by
1803 Rezone(Special) Ord. 2021; 16.04.01.0 Repealed by
1804 Rezone(Special) Ord. 13-2115)
1805 Rezone(Special) 1825 Amends § 16.16.010 and repeals
1806 Amends § 11.24.150, parking (11.24) § 16.16.060, electrical code(16.16)
1807 Amends §2.08.096, city council (16.16.010 Repealed by Ord. 13-2115)
(2.08) 1826 Amends §§ 16.20.010, 16.20.020 and
1808 Amends §§ 19.28.070, 19.28.100, 16.20.090 and repeals
19.28.160, zoning (19.28) (Repealed §§ 16.20.050--16.20.070, plumbing
by Ord. 2085) code(16.20) (16.20.010, 16.20.020
1809 Amends § 19.08.030, zoning(19.08) Repealed by Ord. 13-2115)
1810 Amends §§ 14.18.020, 14.18.060, and 1827 Amends §§ 16.24.010--16.24.030,
14.18.220,heritage and specimen trees mechanical code (16.24) (16.24.010,
(14.18) 16.24.030 Repealed by Ord. 13-2115)
1811 Amends § 19.80.030, 19.80.040 and 1828 Repeals and replaces Ch. 16.40, fire
19.84.030, zoning(19.80 (Repealed by code(16.40)
Ord. 2085), 19.84(Repealed by Ord. 1829 Amends § 16.56.010, housing code
2085)) (16.56)
1812 Amends § 19.124.100, zoning(19.124 1830 Amends §§ 10.21.010--10.21.120,
(Repealed by Ord. 2073)) newsracks (10.21)
1813 Prezone (Special) 1831 Amends §§ 19.80.030(B)(1)0) and
1814 Interim zoning regulations (Special) 19.80.040, accesssory
1815 Amends §§ 19.56.030 and 19.56.040, buildings/structures (19.80)
zoning(19.56(Repealed by Ord. 1832 Amends Ch. 2.16, city council--
2085)) salaries (2.16)
1816 Extends Ord. 1814, interim zoning 1833 Amends § 16.28.045, electronic
regulations (Special) security gates (16.28) (Repealed by
1817 Adds Ch. 2,90, residential design Ord. 2085)
review committee (2.90) 1834 Amends Ch. 19.28, zoning (19.28)
1818 Amends Ch. 2.06, city council-- 1835 Amends §§ 14.18.020, 14.18.150 ,
campaign finance (2.06) (Repealed by heritage and specimen trees (14.18)
Ord. 1956) 1836 Amends § 11.24.150, parking (11.24)
1819 Prezone (Special)
2014S-46
Cupertino- Comprehensive Ordinance List 36
Ord. No. Ord. No.
1837 Amends § 11.34.010, traffic(11.34) 1855 Amends § 11.20.030B, all directional
1838 Amends § 11.34.020, traffic (11.34) vehicular stops required at certain
1839 Amends § 11.34.030, traffic (11.34) intersections (11.20)
1840 Amends §§ 11.24.150, 11.24.160 and 1856 Amends § 11.08.250, bicycle lanes
11.24.180, traffic(11.24) designated(11.08)
Res. 99-154 Designating permit parking on 1857 Amends §§ 11.24.150 and 11.24.170,
Shattuck Drive. (§ 11.27) parking restrictions (11.24)
1841 Amends § 11.20.020, traffic (11.20) 1858 (Not passed)
1842 Rezone (Special) 1859 Amends § 11.24.150, parking
1843 Amends contract with California restrictions (11.24)
Public Employees' Retirement System 1860 Amends Ch. 19.28, single-family
(Special) residential zones (19.28)
1844 Adds §§ 19.36.080, 19.48.080 and 1861 Rezone(Special)
19.134.020; amends Chs. 2.32, 2.90, 1862 Amends § 11.24.160, stopping,
16.28, 17.44, 19.32, 19.36, 19.48 standing and parking--public streets
(Repealed by Ord. 2073), 19.48.020 (11.24)
(Added by Ord. 2085)19.56, 1863 Amends §§ 19.08.030, definitions, and
19.60.040, 19.60, 19.64, 19.80, 19.28.070, single-family residential
19.132, 19.134 and §§ 19.168.010 and (R-1)homes (19.08, 19.28 (Repealed
19.168.020, design review committee by Ord. 2085))
(2.32, 2.90, 16.28 (Repealed by Ord. 1864 Amends § 11.08.260, bicycles (11.08)
2085), 17.44(Repealed by Ord. 2085), 1865 (Number not used)
19.32(Repealed by Ord. 2085), 19.36 1866 Prezone (Special)
(Repealed by Ord. 2085), 19.48 1867 Authorizes amendment to California -
(Repealed by Ord. 2073), 19.56 public employees' retirement system ' 1
(Repealed by Ord. 2085), 19.60, 19.64 contract (Special)
(Repealed by Ord. 2085), 19.80 1868 Amends Ch. 19.28, zoning (19.28)
(Repealed by Ord. 2085), 19.132 1869 Adds § 3.25.100, transfer of surplus
(Repealed by Ord. 2085), 19.134 supplies and equipment(3.25)
(Repealed by Ord. 2085), 19.168) 1870 Amends § 11.08.250, bicycle lanes
1845 Prezone (Special) designated(11.08)
1846 Amends contract with California 1871 Amends entirety of Ch. 10.48,
Public Employees' Retirement System community noise control (10.48)
(Special) 1872 Amends § 11.08.260, bicycle routes
1847 Repeals and replaces § 11.34.030, designated(11.08)
warrants for the installation and 1873 Amends § 11.08.250, bicycle lanes
maintenance of road bumps (11.34) designated(11.08)
1848 Amends § 11.08.250, bicycle lanes 1874 Amends §§ 2.88.010 and 2.88.020,
(11.08) audit committee(2.88)
1849 Prezone (Special) 1875 Amends entirety of Ch. 9.06, massage
1850 Adopts redevelopment plan for establishments and services (9.06)
Cupertino Vallco redevelopment 1876 Amends § 11.20.020, vehicular stop
project(Not codified) required at certain intersections
1851 Amends §11.24.150, traffic (11.24) (11.20)
1852 Rezone (Special) 1877 Amends Ch. 2.06, campaign finance
1853 Adds § 18.24.110; amends (2.06) (Repealed by Ord. 1956)
§ 14.05.010,park maintenance and 1878 Prezone (Special)
dedication fees (14.05, 18.24) 1879 Prezone (Special)
1854 Adds Ch. 10.80, solicitation 1880 Rezone(Special)
prohibitions on designated public 1881 Amends Ch. 2.16, city council
rights-of-way(10.80) compensation(2.16) �
2015S-47
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 14-2121 Amends 10.56.020, 10.90.010,
(14.12) 10.90.020, 10.90.040, and 10.90.050,
13-2112 Rezoning certain land(Not Codified) regarding outdoor smoking(10.56,
13-2113 Rezoning certain land(Not Codified) 10.90)
13-2114 Approving development agreement 14-2122 Amends 9.17.130 regarding single-use
between city and Apple, Inc.; repeals carryout bags (9.17)
Ord. 1702(Special) 14-2123 Adds 2.08.145 regarding City Council
13-2115 Amending Ch. 16; adding Ch. 16.02, review (2.08)
Administrative Code; repealing and 14-2124 Rezoning certain land(Not Codified)
replacing Ch. 16.04, Building Code; 14-2125 Adding Ch. 13.08, park land
repealing and replacing Ch. 16,06, dedication, amending Ch. 18.24,
Residential Code; repealing and dedications and reservations, Ch.
replacing Ch. 16.12, Soils and 19.08, definitions, Ch. 19.12,
Foundations - Subdivisions; repealing Administration, Ch. 19.20, permitted,
and replacing Ch. 16.16, Electrical conditional, and excluded uses in
Code; repealing and replacing Ch. agricultural and residential zones, Ch.
16.20, Plumbing Code; repealing and 19.56, density bonus, Ch. 19.76,
replacing Ch. 16.24, Mechanical Code; Public Buildings (BA), Quasi-Building
repealing Ch. 16.32, Swimming Pools; (BQ) and Transportation(T)zones,
amends 16.36.010, 16.36.020, Ch. 19.80, Planned Development(P)
16.36.030, 16.36.040, 16.36.050, zones, Ch. 19.84, Permitted,
16.36.070, 16.36.120 regarding conditional and excluded uses in Open
relocation of buildings; repealing Space, Park and Recreation and
16.36.130 regarding violations-penalty Private Recreation zoning districts,
for moving buildings; repealing and Ch. 19.144, development agreements,
replacing Ch. 16.40, Fire Code; adding Ch. 19.172, below market rate
amends 16.54.010 regarding adoption of housing program(13.08, 18.24, 19.08,
Energy Code; amends 16.58.010, 19.12, 19.20, 19.56, 19.76, 19.80,
16.58.015, 16.58.040, 16.58.100 19.84, 19.144, 19.172)
regarding the Green Building Standards 14-2126 Amends Ch. 14.18 regarding tree
Code(16.02, 16.04, 16.06, 16.12, removal (14.18)
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)
2015S-47
5 Index
ARTWORK, REQUIRED IN PUBLIC AND PRIVATE --B --
DEVELOPMENTS
Applicability of regulations 19.148.020 BAGS
Application for public artwork 19.148.050 See SINGLE-USE CARRYOUT BAGS
Design criteria and artist qualifications 19.148.060
Ineligible artwork 19.148.040 BAR
In lieu fee for artwork is discouraged 19.148.090 See RESTAURANT
Maintenance requirements 19.148.080
Minimum artwork value 19.148.070 BELOW MARKET RATE HOUSING PROGRAM
Permitted artwork 19.148.030 Administration 19.172.030
Purpose and intent 19.148.010 Purpose 19.172.010
Requirements 19.172.020
ATHLETIC EVENT
Regulations, permit BICYCLE
See PARADES AND ATHLETIC EVENTS Administration 11.08.020
Attaching to vehicle, prohibited 11.08.170
ATTORNEY, CITY Bicycle lanes
Assistant, acting, when 2.18.070 designated 11.08.250
Bond requirements 2.18.060 use regulations 11.08.190
City staff, relations with 2.18.040 vehicles using prohibited 11.08.230
Conflict of interest 2.64.020 Dealers
Council, relations with 2.18.030 purchaser education 11.08.110
Eligibility 2.18.100 registration verification 11.08.100
Employment agreement 2.18.080 Definitions 11.08.010--11.08.015
Office established 2.18.010 Equipment requirements 11.08.130
Powers, duties 2.18.020 Impoundment 11.08.240
Public, relations with 2.18.050 Lane position requirements 11.08.150
Rental dispute mediation License
appeal duties 2.78.080 address change notification 11.08.090
subpoena duties 2.78.040 alteration, destruction prohibited 11.08.061
Staff 2.18.090 existing, validity 11.08.070
Suspension, removal, resignation 2.18.110 fees 11.08.120
indicia, renewal 11.08.050
AUDIT COMMITTEE issuance 11.08.040
Chair 2.88.050 transferability 11.08.080
City powers unchanged 2.88.130 Package carrying restrictions 11.08.220
City staff 2.88.110 Pedestrian path use
Compensation, expense reimbursement 2.88.070 exemptions 11.08.180
Established, composition 2.88.010 restrictions 11.08.160
Meetings 2.88.060 Registration certificate
Members See also License
at large 2.88.020 issuance 11.08.060
vacancy 2.88.040 Regulations generally 11.08.020
Powers, duties 2.88.100 Riding restrictions 11.08.210
Recordkeeping 2.88.090 Roller skates
Rules, regulations 2.88.120 See ROLLER SKATES
Term 2.88.030 Routes designated 11.08.260
Voting 2.88.080 Skateboards
See SKATEBOARDS
AUTO COURT Traffic laws applicability 11.08.140
Business license tax rate 5.04.390 Violation,penalty 11.08.280
Walking, pedestrian laws applicable 11.08.200
2015S-47
Cupertino-Index 6
BINGO BUILDING
Administrative authority designated 5.32.170 Address number visibility requirements 16.04.050
Authority 5.32.010 Electrical Code
Defined 5.32.020 See ELECTRICAL CODE
Equipment 5.32.090 Excavation, foundations, retaining walls
Financial interest limited 5.32.100 See EXCAVATION,GRADING,RETAINING
Hours 5.32.150 WALLS
Inspection authority 5,32.180 Fence
License See FENCE
applicant investigation 5.32.210, 5.32.220 Heating, cooling
application, contents 5.32.200 See MECHANICAL CODE
approval, conditions 5.32.240 Inspector
denial when 5.32.250 bingo license applicant investigation 5.32.220
fee 5.32.280 building moving permit issuance 16.36.050
nontransferable 5.32.310 Moving
records, opportunity to review 5.32.230 contiguous land 16.36.080
renewal 5.32.290 definitions 16.36.010
required 5.32.190, 5.32.270 metal tires prohibited 16.36.090
suspension, revocation notice required 16.36.040
appeal 5.32.330 permit
authority 5.32.320 application 16.36.030
notice 5.32.320 bond 16.36.060
Location 5.32.080 conditions 16.36.070
Minor, participation prohibited 5.32.040 fees 16.36.055
Organizations permitted to conduct 5.32.030 issuance,hearing 16.36.040
Participant to be present 5.32.140 required 16.36.020
Prizes, value 5.32.130 roller restrictions 16.36.100
Proceeds, charitable uses required 5.32.110 truck requirements 16.36.110
Provisions to supplement state law 5.32.350 supervisor, duties 16.36.120
Public access required 5.32.050 Plumbing code
Recordkeeping 5.32.120 See PLUMBING CODE
Reporting requirements 5.32.300 Preliminary soils report
Staffing, operation See Soils report
change, reporting, investigation 5.32.260 code adoption 16.12.010
generally 5.32.060 required 16.12.020
Violation, Penalty 5.32.360 Retaining wall
See EXCAVATION,GRADING,RETAINING
BOND WALLS
Attorney, city 2.18.060 Soils report
Auctioneer 5.08.020 approval 16.12.050
City clerk 2.20.040 building permit conditions 16.12.060
Excavation, grading permittee 16.08.150 code adoption 16.12.010
Manager, city 2.28.030 contents 16.12.030
Moving buildings 16.36.060 preparation 16.12.040
Private patrol 5.24.050 required 16.12.020
Public works contract 3.23.140 Swimming pool 16.04.400
Street improvement installation 14.04.170
Subdivision improvement security 18-1.808.2
Taxicab 5.28.150
Treasurer, city 2.24.040
2015S-47
21 Index
See Private street private street
where 11.24.180 See Private street
Handicapped street cleaning, repair 11.24.230
marking 11.24.110 where 11.24.060, 11.24.150
off-street, regulations generally 11.24.190 Provisions effect limited 11.24.020
private street Sale of merchandise, prohibited where 11.28.050
See Private street Scope of provisions 11.24.010
Impoundment when, authority 11.24.200 Servicing or repair prohibited,
Loading zones exception 11.24.140
authority 11.24.080 Seventy-two hour limit 11.24.130
marking 11.24.090 Space marking 11.24.070
passenger, marking 11.24.100 Temporary permits 11.24.220
private street Time limits, where 11.24.170
See Private street Violation, penalty 11.24.210, 11.28.060
Parkway, prohibited on 11.24.120
Permit PARK AND RECREATION FACILITIES
application 11.27.100 ACQUISITION AND MAINTENANCE FUND
definitions 11.27.020 Created, purpose, use 14.05.100
description 11.27.030
display 11.27.080 PARK LAND DEDICATION FEE
established 11.27.010 Applicability 13.08.030
exceptions 11.27.090 Combination of park land dedication and
hours 11.27.130 fee 13.08.070
issuance Credit for existing dwelling units 13.08.090
designated groups 11.27.050 Credit for private recreation or open
guest 11.27.060 space 13.08.080
resident 11.27.050 Definitions 13.08.020
posting 11.27.040 Fees in lieu of park land dedication 13.08.060
replacement 11.27.120 General procedures 13.08.110
restriction 11.27.070 Park land dedication 13.08.050
revocation 11.27.140 Purpose 13.08.010
validity 11.27.110
violation, penalty 11.27.150 PARKS, CITY
zones designated 11.27.145 See also PARK AND RECREATION
Private street COMMISSION
curb markings, signs 11.26.040 Acquisition, maintenance fees
definitions 11.26.030 amount, determination 14.05.070
diagonal 11.26.120 appeals 14.05.090
handicapped parking space 11.26.100 applicability of provisions 14.05.020
loading zone conformance requirements 14.05.120
establishment authority 11.26.070 credits 14.05.050
marking 11.26.080 definitions 14.05.010
passenger 11.26.090 determination 14.05.060
parking space exceptions 14.05.080
See also handicapped parking pending building permit, provisions not
space marking 11.26.060 applicable when 14.05.125
prohibited where 11.26.110 purpose, intent of provisions 14.05.030
purpose of provisions 11.26.010 required when, requirements
removal of vehicle sign specification generally 14.05.040
11.26.140 review, purpose 14.05.110
scope 11.26.020 use, restrictions 14.05.100
sign obedience required 11.26.050 Administrative authority 13.04.220
violation, penalty 11.26.130 Advertising, sale restrictions 13.04.180
Prohibited Behavior in, requirements 13.04.130
certain hours, where 11.24.160
2015 S-47
Cupertino -Index 22
Closing hours PERMIT
prohibitions 13.04.190 See also BUSINESS LICENSE
vehicles towed when 13.04.191 Advertisement, handbill distribution 10.52.030
Compliance required 13.04.030 Alcoholic beverages, gasoline concurrent
Dedication sales 5.44.030
See SUBDIVISION Animal
Definitions 13.04.020 dangerous, vicious 8.08.085, 8.08.460
Enforcement authority 13.04.230 establishment 8.08.380
Lost article report 13.04.210 vicious 8.08.085, 8.08.460
Nature, rural preserve Encroachment 14.08.020
designation 13.04.201 Explosives 10.20.010
regulations generally 13.04.202 Firearm 10.76.010
Permit Grading 16.08.030
appeal 13.04.080 Moving buildings 16.36.020
application 13.04.050 Newsrack 10.21.080
contents 13.04.060 Off-street vehicle 11.10.011
fees, deposit 13.04.090 Parade 10.44.030
granting, denial 13.04.070 Park, building 13.04.140
liability 13.04.100 Parking
required 13.04.040 See PARKING
revocation 13.04.110 Private patrol 5.24.020
Picnic area, use restrictions 13.04.170 Restaurant, food establishment 9.04.020
Property, use restrictions 13.04.120 Sign 19.104.030
Purpose 13.04.010 Solicitor identification 5.20.030
Sanitation requirements 13.04.140 Streamside modification 9.19.030
Section closure when 13.04.200 Taxicab '
Swimming restrictions 13.04.160 driver 5.28.160
Vehicle requirements 13.04.150 operation 5.28.060
Violation, penalty 13.04.240 Temporary parking 11.24.220
Toxic gas storage, use 16.42.060
PATIO SALE Trees
See GARAGE, PATIO SALE prohibited acts 14.12.080
Watercourse, discharge into,
PEDESTRIANS NPDES permit 9.18.080
Administration 11.09.020 Water system connection 15.12.080
Adult school crossing guards
obedience to, required 11.09.060 PERSONNEL
positioning 11.09.050 Accruals credits, retained 2.52.080
Defined 11.09.010 Authority
Violation, penalty 11.09.090 city manager 2.52.100
council 2.52.090
PEDDLER Child care expense reimbursement, granted
Business license specified officers 2.72.010
See also BUSINESS LICENSE City
fee 5.04.400 rights 2.52.310
Communication with
PENALTY See COMMUNICATION WITH CITY
Code violation 1.12.010 See OFFICIALS
Nuisance abatement 1.12.030 Council, rights, powers 2.52.350
Separate offense 1.12.020 Definitions 2.52.290
Employee organization
PERFORMANCE appropriate unit determination 2.52.470
Business license formal recognition petition 2.52.450
See also BUSINESS LICENSE representative determination 2.52.480
fee 5.04.340 rights 2.52.300
2015S-47
29 Index
certificate of noncompliance issuance improvements completion
18.48.040 See Improvement
required 18.48.010 parcel map requirements
Construction See Parcel map
See Improvement Frontage
Council, city deferral agreement
See also COUNCIL, CITY See Improvement
responsibilities 18.08.030 requirements 18.32.030
Dedication General plan, conformance required 18.04.030
See Park land dedication, fee payment Hillside subdivision
See School applicability of provisions 18.52.080
See Street common private driveway 18.52.070
Definitions 18.08.010 lot design standards 18.52.030
Design purpose of provisions 18.52.020
See also Specific Design Standard requirements generally 18.52.010
generally 18.32.100 street
Energy conservation 18.32.110 design standards 18.52.040
Engineer, city improvements 18.52.060
See also ENGINEER, CITY utility improvements 18.52.060
responsibilities 18.08.040 Improvement
Final map acceptance
See also Map consideration 18.32.390
approval partial acceptance 18.32.410
council authority 18.16.190 agreement approval
engineer authority 18.16.180 See Final map
contents 18.16.150 agreement requirements 18.32.220
denial 18.16.200 completion
fees five or more parcels 18,32.360
See Map four or fewer parcels 18.32.370
filing 18.16.210 notice 18.32.400
form 18.16.140 time extension 18.32.380
generally 18.16.120 construction
improvement agreement approval commencement,materials, methods
See approval 18.32.320
multiple final maps submittal 18.16.220 preconstruction conference 18.32.340
preliminary submittal 18.16.160 deferral agreement 18.32.080
required when 18.12.020 deficiency list 18.32.350
review by engineer 18.16.170 final inspection
soils report See inspection
See document requirements generally 18.32.020
survey required 18.16.130 inspection
Fire station reservation final 18.32.350
See Reservations generally 18.32.330
Five or more parcels plans
final map requirements See Improvement security
See Final map Improvement plans
improvements completion approval 18.32.180
See Improvement contents 18.32.150
parcel map requirements form 18.32.140
See Parcel map preparation 18.32.130
tentative map requirements review by engineer 18.32.170
See Tentative map revision
Four or fewer parcels cost liability 18.32.210
engineer request 18.32.200
2012S-31
Cupertino-Index 30
r
subdivider request 18.32.190 checking 18.20.120
supplementary plans 18.32.160 contents 18.20.110
Improvement security documents required 18.20.120
amount 18.32.250 filing 18.20.150
form 18.32.240 form, contents 18.20.110
maintenance deposit 18.32.260 generally 18.20.090
material, labor security release 18.32.300 required when 18.12.020, 18.12.030
performance security release 18.32.290 review by engineer 18.20.130
required 18.32.230 survey required 18.20.100
warrant security waiver 18.20.160
release 18.32.310 Park land dedication, fee payment
requirements 18.32.270 See also Reservations
Library reservation both required when 18.24.070
See Reservations credit
Maintenance deposit existing residential units 18.24.110
See Improvement security generally 18.24.100
Map dedication of land 18.24.050
amendment determination 18.24.090
approval 18.44.030 development commencement 18.24.130
fee 18.44.050 fee payment
filing 18.44.040 in lieu of park land dedication
permitted when 18.44.010 18.24.060
preparation 18.44.020 land dedication
certificate of correction amount designated 18.24.040
See amendment private open space credit 18.24.110
fees 18.12.040 procedure 18,24.120
final map required 18.24.030
See Final map statutory authority 18.24.020
parcel map subdivision not within general plan
See Parcel map 18.24.080
required when Peripheral street
See Specific Map See Street
generally, exceptions 18.12.010 Planning and development director
tentative map responsibilities 18.08.060
See Tentative map Planning commission responsibilities 18.08.060
tentative parcel map Purpose of provisions 18.04.020
See Tentative parcel map Remainder, omitted units
vesting tentative map improvement agreement 18.32.080
See Vesting tentative map Reservations
Merger payment to subdivider 18.24.210
hearing procedure 18.24.200
conduct generally 18.40.010 required 18.24.180
de novo, on determination 18.40.050 standards 18.24.190
notice termination when 18.24.220
filing, effective date 18.40.020 Reversion to acreage
to property owner, contents approval procedure 18.36.060
18.40.030 generally 18.32.010
previously merged parcels unaffected initiation, council authority 18.36.030
18.40.060 petition of owners
required when 18.40.010 contents 18.36.040
Modification 18.04.050 review, recommendation 18.36.050
Parcel map
See also Map 1
a
approval, engineer authority 18.20.140 _.
2014S-47
37 Index
WEAPON A zone 19.20.020
See FIREARM CG zone 19.60.030
OA zone 19.64.020
WEEDS PR zone 19.84.020
See also PROPERTY MAINTENANCE R-1 zone 19.20.020
Abatement R-2 zone 19.20.020
assessment R-3 zone 19.20.020
collections as tax 9.08.100 RHS zone 19.20.020
hearing 9.08.090 Administration
notice, posting, mailing 9.08.080 appeals 19.12.170
responsibility 9.08.070 applicability of regulations 19.12.020
authority, procedure 9.08.060 application process 19.12.080
hearing 9.08.050 approval authority 19.12.030
notice city council, authority of 19.12.070
form designated 9.08.030 city council, action by 19.12.140
mailing 9.08.040 decision 19.12.100
property damage, notice of design review committee, authority of
improvements 9.08.110 19.12.050
Defined, prohibited 9.08.010 design review committee and planning
Nuisance, abatement required 9.08.020 commission, action by 19.12.130
director, action by 19.12.090
WILDLAND URBAN INTERFACE FIRE AREA director of community development, action
Adopted 16.74.010 by—Administrative 19.12.120
director of community development, authority
WIRELESS COMMUNICATIONS FACILITIES of 19.12.040
See ZONING effective date 19.12.160
expiration,extension and revocation 19.12.180
Z__ notice of decision and reports 19.12.150
noticing 19.12.110
ZONING planning commission, authority of 19.12.060
A-1 zone purpose and intent 19.12.010
applicability of provisions 19.24.020 Administrative and professional office zone
building development regulations 19.24.050 See OA zone
conditional uses 19.24.030 Administrative office
designated 19.16.010 CG zone 19.60.030
excluded uses 19.24.030 ML-rc zone 19.64.020
permitted uses 19.24.030 MP zone 19.64.020
purpose 19.24.010 OA zone 19.64.020
site development regulations 19.24.040 OP zone 19.64.020
A zone Adoption of provisions 19.04.010
applicability of provisions 19.24.020 Adult-oriented commercial activities
building development regulations 19.24.050 applicability of provisions 19.128.020
conditional uses 19.24.030 purpose 19.128.010
designated 19.16.010 regulations
excluded uses 19.24.030 concentration of activities 19.128.030
permitted uses 19.24.030 proximity to residential, public, quasi-
purpose 19.24.010 public uses 19.128.040
site development regulations 19,24.040 Agricultural-residential zone
Accessory building, structure See A-1 zone
applicability of provisions 19,100.010 Agricultural uses
Detached Accessory Buildings and Structures PR zone 19.84.020
Example, Ch. 19.100, Appendix A Agricultural zone
generally 19.100.020 See A zone
site development regulations 19.100.030 Airfields
Accessory facilities T zone 19.76.030
A-1 zone 19.20.020
2015S-47
Cupertino-Index 38
Airport Automobile repair shops
T zone 19.76.030 CG zone 19.60.030
Air sports field Automobile sales
FP zone 19.84.020 CG zone 19.60.030
Amendment ML zone 19.64.020
boundaries, changes in 19.152.020 Automobile service station
generally 19.152.010 CG zone 19.60.030
prezoning 19.152.040 ML zone 19.64.020
regulations, changes in 19.152.030 Automobile washing facility
Amusement park CG zone 19.60.030
FP zone 19.84.020 ML zone 19.64.020
Animal BA zone
breeding applicability of provisions 19.76.020
A-1 zone 19.20.020 application requirements 19.76.050
A zone 19.20.020 conditional uses 19,76.030
keeping designated 19.16.010
A-1 zone 19.20.020 excluded uses 19.76.030
A zone 19.20.020 permits required for development 19.76.040
R1C zone 19.20.020 permitted uses 19.76.030
R-1 zone 19.20.020 purpose 19.76.010
R-2 zone 19.20.020 site development regulations 19.76.060
R-3 zone 19.20.020 Bank
RHS zone 19.20.020 CG zone 19.60.030
Antenna Barn
See Wireless communications facilities A-1 zone 19.20.020
Apiary A zone 19.20.020
A-1 zone 19.20.020 Beverage container redemption, recycling center
A zone 19.20.020 See Recycling center
Appeal Bicycle motocross
action FP zone 19.84.020
city council 19.136.050 Billiards
planning commission 19.136.040 FP zone 19.84.020
filing procedures 19.136.020 Boardinghouses
generally 19.136.010, 19.136.060 CG zone 19.60.030
hearing, notification 19.136.030 Boat rental
Arboretum ML zone 19.64.020
A-1 zone 19.20.020 Boat sales
A zone 19.20.020 ML zone 19.64.020
Archery practice range Bowling
FP zone 19.84.020 FP zone 19.84.020
Architectural, site review BQ zone
findings 19.168.030 applicability of provisions 19.76.020
limitations regarding decisions 19.168.020 application requirements 19.76.050
purpose of regulations 19.168.010 conditional uses 19.76.030
Artwork,required in public and private developments designated 19.16.010
See ARTWORK, REQUIRED IN excluded uses 19.76.030
PUBLIC AND PRIVATE DEVELOPMENTS permits required for development 19.76.040
Assembly permitted uses 19.76.030
ML zone 19.64.020 purpose 19.76.010
Athletic field site development regulations 19.76.060
FP zone 19.84.020 Building materials sales
Auction house ML zone 19.64.020
ML zone 19.64.020 Buildings, public and quasi-public
Automobile rental A-1 zone 19.20.020
ML zone 19.64.020 A zone 19.20.020
2012S-31
39 Index
Bus station, terminal Conditional use permit, variance, development
T zone 19.76.030 permits application conditional use permit or
Business office variance 19.156.020
CG zone 19.60.030 development permit 19.156.010
Business service approval authority 19.156.030
CG zone 19.60.030 change of use 19.156.070
Cabinet shop conditional use permit 19.156.040
ML zone 19.64.020 expansion or modification of permits
Carpenter shop conditional use 19.156.060
ML zone 19.64.020 planned development 19.156.060
Caterer findings and conditions
ML zone 19.64.020 conditional use permit 19.156.040
Cemetery planned development permit 19.156.040
A-1 zone 19.20.020 variances 19.156.050
A zone 19.20.020 planned development permit 19.156.040
CG zone variances 19.156.050
applicability of provisions 19.60.020 Conditional uses
conditional uses 19.60.030 BA zone 19.76.030
designated 19.16.010 BQ zone 19.76.030
development standards 19.60.060 CG zone 19.60.030
excluded uses 19.60.030 expansion 19.156.060
land use activity 19.60.050 FP zone 19.96.040
permits required for development 19.60.040 ML zone 19.64.020
permitted uses 19.60.030 ML-rc zone 19.64.020
purpose 19.60.010 MP zone 19.64.020
Child day care facility OA zone 19.68.030
BQ zone 19.76.030 OP zone 19.68.030
CG zone 19.60.030 OS zone 19.88.020
R-3 zone 19.20.020 P zone 19.80.030
Churches, existing PR zone 19.92.020
ML-rc zone 19.64.020 R1 zone 19.28.030
Civic organization RIC zone 19.44.040
BQ zone 19.76.030 R-2 zone 19.32.030
Club R-3 zone 19.36.030
BQ zone 19.76.030 RHS zone 19.40.030
CG zone 19.60.030 T zone 19.76.030
Coal sales Conflict of provisions 19.04.040
ML zone 19.64.020 Congregate residence
Cold storage facilities A-1 zone 19.20.020
ML zone 19.64.020 A zone 19.20.020
ML-rc zone 19.64.020 BQ zone 19.76.030
Columbarium RIC zone 19.20.020
A-1 zone 19.20.020 R-1 zone 19.20.020
A zone 19.20.020 R-2 zone 19.20.020
Commercial photography R-3 zone 19.20.020
ML-rc zone 19.64.020 RHS zone 19.20.020
Communication structures Convenience markets
A-1 zone 19.20.020 CG zone 19.60.030
A zone 19.20.020 Conversion, apartment to community housing
Competition and tournament facilities applicability of provisions 19.116.020
FP zone 19.84.020
Compliance with provisions required 19.04.030
2012S-31
Cupertino -Index 40
application Examples of How to Measure Sign Area, Ch.
procedures 19.116.060 19.08, Appendix D
requirements 19.116.050 Delivery service
parking 19.116.040 ML zone 19.64.020
purpose 19.116.010 ML-rc zone 19.64.020
regulations generally 19.116.030 Density bonus
Crematory applicability of provisions 19.56.020
A-1 zone 19.20.020 application procedure 19.56.060
A zone 19.20.020 concessions 19.56.040
Crops density bonus 19.56.030
A-1 zone 19.20.020 findings 19.56.070
A zone 19.20.020 incentives 19.56.040
RHS zone 19.20.020 purpose 19.56.010
Culverts requirements
OS zone 19.84.020 generally 19.56.050
Dairy processing Development agreement
A-1 zone 19.20.020 application
A zone 19.20.020 contents 19.144.070
Dancehall form 19.144.060
FP zone 19.84.020 qualification required 19.144.050
Dance instruction authority of provisions 19.144.030
FP zone 19.84.020 cancellation
Day care home, large family city 19.144:200
A-1 zone 19.20.020 mutual consent 19.144.190
BQ zone 19.76.030 rights 19.144.210
R1C zone 19.20.020 construction of provisions 19.144.250
R-1 zone 19.20.020 effect 19.144.240
R-2 zone 19.20.020 execution, recordation 19.144.260
R-3 zone 19.20.020 findings of fact,intent of provisions 19.144.010
RHS zone 19.20.020 judicial review; time limitation 19.144.270
Day care home, small family hearing
A zone 19.20.020 appeal of determination 19.144.170
Rl zone 19.20.020 compliance; appeal 19.144.150
R1C zone 19.20.020 findings 19.144.110
R-2 zone 19.20.020 generally 19.144.090
R-3 zone 19.20.020 irregularity in proceeding 19.144.120
RHS zone 19.20.020 noncompliance; appeal 19.144.160
Deck, second story plans, consistency with
See Accessory building, structure general 19.144.080
Definitions specific 19.144.080
applicability, purpose of provisions 19.08.010 purpose of 19.144.020
construction of provisions 19.08.020 review, time for and initiation of 19.144.140
Cupertino Standard Detail 7-2:Comer Triangle rules affecting 19.144.220
- Controlled Intersections, Ch. 19.08, separate procedure 19.144.230
Appendix A Districts
Cupertino Standard Detail 7-4:Comer Triangle applicability of provisions 19.16.060
-Uncontrolled Intersections, Ch. 19.08, designated 19.16.010
Appendix B reference 19.16.020
Cupertino Standard Detail 7-6: Sidewalk Site Drainage ditches
Triangle(Sidewalk Clearance at OS zone 19.84.020
Driveways), Ch. 19.08, Drinking establishments
Appendix C CG zone 19.60.030
designated 19.08.030 Drive-in theaters
ML zone 19.64.020
Drive-through facilities
CG zone 19.60.030
2015S-47
47 Index
Swimming facilities Transportation zone
A-1 zone 19.20.020 See T zone
A zone 19.20.020 Travel agency
BQ zone 19.76.030 CG zone 19.60.030
FP zone 19.84.020 Tree farm
ML zone 19.64.020 A-1 zone 19.20.020
RHS zone 19.20.020 A zone 19.20.020
T zone RHS zone 19.20.020
applicability of provisions 19.76.020 Two-family use, one ownership
application requirements 19.76.050 R-2 zone 19.20.020
conditional uses 19.76.030 Utility company
designated 19.16.010 BQ zone 19.76.030
excluded uses 19.76.030 Utility facility
permits required for development 19.76.040 ML zone 19.64.020
permitted uses 19.76.030 ML-rc zone 19.64.020
purpose 19.76.010 R-1 zone 19.20.020
site development regulations 19.76.060 R-2 zone 19.20.020
Technical colleges R-3 zone 19.20.020
ML-rc zone 19.64.020 Variance
Telegraph office See Conditional use permit, variance
ML zone 19.64.020 Vegetation maintenance
Television aerial OS zone 19.84.020
See Wireless communications facilities Video game
Television station CG zone 19.60.030
ML zone 19.64.020 FP zone 19.84.020
ML-rc zone 19.64.020 Vineyard
Television tower A-1 zone 19.20.020
A-1 zone 19.20.020 A zone 19.20.020
A zone 19.20.020 Violation, penalty
Temporary buildings generally 19.04.070
R-3 zone 19.20.020 remedies cumulative 19.04.060
Temporary uses Warehouse
A-1 zone 19.20.020 ML zone 19.64.020
A zone 19.20.020 ML-rc zone 19.64.020
conditional use permit Wine sale
findings 19.160.030 A zone 19.20.020
granting 19.160.010 A-1 zone 19.20.020
issuance conditions 19.160.020 Wholesale, showrooms and storage
OS zone 19.84.020 ML zone 19.64.020
R-1 zone 19.20.020 ML-rc zone 19.64.020
R-2 zone 19.20.020 Wireless communications facilities
R-3 zone 19.20.020 appeals 19.136.100
RHS zone 19.20.020 applicability of regulations 19.136.020
Theatre application
CG zone 19.60.030 permitting procedures, conditions of
FP zone 19.84.020 approval 19.136.070
Tire repair shops requirements 19.136.070
CG zone 19.60.030 design and site review 19.136.060
ML zone 19.64.020 height exceptions, findings 19.136.090
Transformer station purpose 19.136.010
A-1 zone 19.20.020 site development
A zone 19.20.020 general regulations 19.136.040
Transmission lines specific regulations 19.136.060
A-1 zone 19.20.020 site locations 19.136.030
A zone 19.20.020
2015 5-47