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2016 S-54 Supplement
ZCM2/16 CUPERTINO, CALIFORNIA Instruction Sheet 2016 S-54 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 14: STREETS, SIDEWALKS, AND LANDSCAPING 6A, 6B 55 through 58 1, 2 6A through 8 11 through 16 19, 20 131, 132 243, 244 TITLE 18: SUBDIVISIONS TITLE 19: ZONING 6A, 6B 55 through 58 1, 2 6A through 8 11 through 16B 19, 20 131, 132 156A, 156B 243, 244 COMPREHENSIVE ORDINANCE LIST 43, 44 43, 44 INDEX 17, 18 17, 18 / CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2016 S-54 Supplement contains: Local legislation current through Ordinance 16-2141, passed 2-2-16 COPYRIGHT © 2016 AMERICAN LEGAL PUBLISHING CORPORATION 6A Street Improvements 14.04.090 installed on an economical areawide basis would be deferred for an unreasonable period of time; 5. The streets in the area still require some interim improvements to be installed within a reasonable period of time. B. With respect to these areas, immediate installation of full improvements shall not be required. However, the permittee may elect either to make an in-lieu payment reflecting said full improvements as provided in Section 14.04.060 or to make an in-lieu payment for the installation of interim street improvements, as provided in Section 14.04.200, and approved by the City Council, which are less than full improvements. By electing to make an in-lieu payment for interim street improvements only, neither the permittee, nor the owner of the subject property, is relieved from the later obligation of installing full improvements as required under Section 14.04.040 as a condition precedent to a future permit, should the City Council, by resolution, remove the area, or portion thereof, in which the subject parcel of land is located from the special provision of this section. (Ord. 1094, (part), 1981) 14.04.100 Credit-Purpose. Any person, or his successor in title, who has made dedications, or made or paid for improvements of the kind required by this chapter before the effective date of the ordinance codified in this chapter, shall receive credit therefor as provided in this chapter. Any person, or his successor in title, who makes dedications, or makes or pays for improvements required by tllis chapter, shall receive credit therefor as provided in this chapter in the event that the land involved is subsequently included in a City assessment district proceeding. No person shall receive a credit in excess of the amount of dedication required or the cost of the improvements required by this chapter. (Ord. 1094, (part), 1981) 14.04.110 Improvements Installed Prior to Permit-Imposition of Street Improvement Reimbursement Charges, Cost of Land and Interest. A. In some instances, the public welfare, safety and economy can be best served by the installation of improvements on unimproved streets prior to the time that an adjoining property owner seeks a permit. Since such adjoining property benefits from the street improvements, the owners of such property are required to contribute their share of the cost of those street improvements Gust as permittees who seek a permit prior to the installation of improvements are required to do) when they seek a building permit unless it is exempt pursuant to Section 14.04.230(D) of this chapter, a planned development permit, use permit, or a site and architectural approval. 2016 S-54 B. Where street improvements have been installed by the City, or by another property owner, without cost to the adjoining property owner, the adjoining property owner, as a condition precedent to obtaining a permit or any entitlement to use for his/her property, shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City, or another property owner, installed on the streets abutting or included in the benefitted property, in an amount equal to the total improvement costs for each particular benefitted property as set forth in the reimbursement agreement. Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: 1. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid; 2. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. D. Notwithstanding any other provision of this Code, if upon request by the City in connection with the City's commencement of a street improvement project, a property owner dedicates to the City land necessary for such street improvement project at no cost to City, the City's Director of Public Works, on behalf of the City, may provide a linllted waiver of future reimbursement charges for the cost of the street improvements. The waiver shall be signed by the City Manager or his or her designee and shall be in a form as approved by the City Attorney. (Ord. 16-2141, § 1, 2016; Ord. 2056, (part), 2010; Ord. 1652, § 2, 1994; Ord. 1094, (part), 1981) Cupertino -Streets, Sidewalks and Landscaping 6B I ,... .... 18.56.010 CHAPTER 18.56: STREET FACILITY REIMBURSEMENT CHARGES Section 18.56.010 18.56.020 18.56.030 18.56.040 18.56.050 18.56.060 18.56.070 18.56.080 Purpose. Street facility costs subject to reimbursement. Reimbursement agreement. Imposition of street facility reimbursement charges, cost of land and interest upon benefitted properties. Disposition of street facility reimbursement charge revenues. Acquisition of necessary land, costs, interest. Other street facility charges. Rules and regulations. 18.56.010 Purpose. This chapter is enacted in order to establish a procedure for reimbursing developers of property located within the City a portion of the costs of installing street facilities which adjoin other properties within the City, reduce the cost of any additional development occurring on the adjoining properties by eliminating the need for the installation of the street facilities at the time such development occurs, and thereby directly benefit the adjoining properties. (Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2 (part), 1994) 18.56.020 Street Facility Costs Subject to Reimbursement. A. The street facility costs which shall be subject to reimbursement in the manner provided by this chapter include all direct costs usually incurred by an initial developer who is required to install street facilities that also benefit a benefitted property, subsequent to the effective date of the ordinance codified in this chapter, incident to or as a condition of the approval of a subdivision map, parcel map or conditional certificate of compliance. B. These reimbursable costs include, but are not limited to, costs incurred in designing street facilities, the cost of plan check fees and other fees incurred in securing City and other governmental approvals of the plans and specifications for the street facilities, the cost of the land upon which the street facilities are installed, and the cost of 2012 S-31 55 all labor, materials, equipment and contractors employed in installing the street facilities, except for: 1. The cost of installing temporary street facilities; 2. The cost of maintenance work performed on existing street facilities; and 3. Any portion of the cost of installing street facilities in excess of the usual cost of installing local street facilities as determined by the City Engineer in the manner provided in this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2 (part), 1994) 18.56.030 Reimbursement Agreement. A. As a condition of approval of a subdivision map, parcel map or conditional certificate of compliance, the initial developer shall enter into a reimbursement agreement with the City in order to receive reimbursement for the portion of street facility costs, including interest where applicable, in excess of the installation costs incurred for the initial developer's property or for the cost of the land upon which the street facilities were installed, including interest where applicable. Any reimbursement to the initial developer shall be paid out of the revenues received by the City from the street facility reimbursement charges assessed in the manner provided by this chapter. B. The reimbursement agreement shall be signed by the Mayor, approved as to form by the City Attorney and shall set forth the following information: 1. The name, capacity and address of the initial developer; 2. A description of the street facility costs subject to reimbursement; 3. An itemized statement, prepared by, and attested to by a licensed engineer, of the reimbursable costs to be incurred by the initial developer in installing the street facilities; 4. A legal description and assessor's parcel number for each benefitted property, excepting the initial developer's property; 5. An engineered plat depicting the street facilities and each benefitted property; 6. The total street facility costs subject to reimbursement for each particular benefitted property; 7. The City's obligation to reimburse the initial developer an amount from the street facility charge assessed 18.56.030 Cupertino -Subdivisions 56 upon benefitted properties and received by the City, if any, at the time and in the manner provided by this chapter; 8. Methods of acquisition of land necessary for the installation of the street facilities, imposition of costs, recovery of interest; and 9. Such additional information and documents as may reasonably be required by the City Engineer. (Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2 (part), 1994) 18.56.040 Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest upon Benefitted Properties. A. Where street facilities have been installed by the City or the initial developer without cost to the benefitted property owner, the benefitted property owner, as a condition precedent to obtaining a final map, a final parcel map or a conditional certificate of compliance, shall pay the City for the cost of the land at the cost to the City or to the initial developer, and shall pay a street facility reimbursement charge for the facilities which the City or the initial developer installed on the streets abutting or on the benefitted property in an amount equal to such benefitted property owner's share of the total cost of the street facilities as set forth in the reimbursement agreement. Payment for both land and facilities shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: 1. Land Cost. Interest to accrue from the date the street facilities are accepted by the City to the date the street facility reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. 2. Street Facility Cost. Interest to accrue from the date the street facilities are accepted by the City to the date the street facility reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. B. Provided, however, that the interest shall be waived if the benefitted property owner dedicates or has dedicated to the City land necessary for the street facilities, or where no such dedication is necessary. C. Notwithstanding any other provision of this Code, if, upon request by the City in connection with the City's commencement of a street improvement project, a property owner dedicates to the City land necessary for such street improvement project, a property owner dedicates to the City land necessary for such street improvement project at no cost to City, the City's Director of Public Works, on behalf of the City, may provide a limited waiver of future reimbursement charges for the cost of the street 2016 S-54 improvements. The waiver shall be signed by the City Manager or his or her designee and shall be in a form as approved by the City Attorney. (Ord. 16-2141, § 2, 2016; Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2 (part), 1994) 18.56.050 Disposition of Street Facility Reimbursement Charge Revenues. The revenues received by the City from street facility charges assessed pursuant to this chapter shall be used solely for reimbursements to initial developers in the manner provided by this chapter and the reimbursement agreement. Provided, however, that in the event the City is unable to locate the initial developer after five years of due diligent searching commencing from the date the street facility reimbursement charges are paid, or upon the discovery of facts establishing that a due diligent search would be futile, the revenues collected hereunder shall be paid to the treasurer of the City for deposit in the general fund. (Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2 (part), 1994) 18.56.060 Acquisition of Necessary Land, Costs, Interest. A. Where the initial developer at its own cost acquires land for the installation of the mandated street facilities, reimbursement to the initial developer by the City for that portion of the cost of those street facilities in excess of the street facilities required for the initial developer's property shall include interest in an amount equal to the interest received by the City from the owners of benefitted properties as imposed by Section 18.56.050. B. If the initial developer cannot purchase or otherwise acquire land necessary for the installation of the street facilities, the City shall, no later than one hundred twenty days from the filing by the initial developer of a final subdivision map or final parcel map, or in the case of a certificate of compliance, any time prior to issuance of a certificate of occupancy, acquire by negotiation or commence proceedings pursuant to California Code of Civil Procedure Section 1230.010 et seq. (including proceedings for immediate possession under Code of Civil Procedure Section 1255.410) the necessary land. C. Where the City acquires land necessary for the installation of the street facilities in the manner provided in subsection B of this section, the reimbursement agreement shall provide that the initial developer shall reimburse the City for all costs, including litigation costs, incurred by the City in the acquisition of such land. The reimbursement agreement shall also provide that prior to commencement of any proceedings to acquire the necessary land pursuant to the City's eminent domain 57 Street Facility Reimbursement Charges powers, the initial developer shall deposit with the City an amount to be determined by the Director of Public Works, which amount shall be based on a reasonable estimate of the costs of acquisition of said land. If the deposit exceeds the actual cost of acquisition, the City shall refund the excess aniount to the initial developer. If the deposit is less than the actual cost of acquisition, upon written demand by the City, the initial developer shall pay the additional sum to the City. D. Where no dedication of land is necessary for the street facilities, or where the City is able to acquire land necessary for the street facilities at no cost pursuant to negotiations with the owner or owners of benefitted properties for which a street facility reimbursement charge is assessed under Section 18.56.050, and as part of those negotiations the City waives the requirement to pay interest on the street facility reimbursement charge, the initial developer shall not be entitled to interest on the reimbursement charges assessed those benefitted properties. (Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2 (part), 1994) 18.56.070 Other Street Facility Charges. The street facility reimbursement charges assessed pursuant to this chapter shall be in addition to any street facility improvement charges assessed pursuant to Chapter 14.04, Street Improvements, of this code, as well as any street facility or other public improvement charges assessed pursuant to any other ordinance or resolution adopted by the City Council. (Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2 (part), 1994) 18.56.080 Rules and Regulations. The City Engineer shall have the power to establish reasonable rules and regulations consistent with the provisions of this chapter for the purpose of its administration and enforcement. Such rules and regulations shall be effective upon approval thereof by the City Council. (Ord. 2085, § 2 (part), 2011; Ord. 1653, § 2 (part), 1994) 2016 S-54 18.56.060 Cupertino -Subdivisions 58 2016 S-54 Chapter TITLE 19: ZONING 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 19.98 Medical Marijuana 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 1 Cupertino -Zoning 2 / .. 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 = IxLx 100 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. "Basement" means any floor below the first story in a building that is fully submerged below grade except for lightwells required for light, ventilation and emergency egress. A basement may have a maximum exterior wall height of two feet between natural grade and ceiling. 2016 S-54 "Block" means any lot or group of contiguous lots bounded on all sides by streets, railroad rights-of-way, or waterways, and not traversed by any street, railroad right-of-way or waterway. "Boarding house" means any building used for the renting of rooms or providing of table board for from three to five persons, inclusive, over the age of sixteen years, who are not members of the same family. Cupertino -Zoning 6B 7 Definitions 19.08.030 "Building" means any structure used or intended for supporting or sheltering any use or occupancy when any portion of a building is completely separated from every other portion by a "Fire Barrier" as defined by the California Building Code, then each portion shall be deemed to be a separate building. 1. "Attached building" means buildings which are structurally connected by any structural members or wall, excluding decks, patios or fences. "Building coverage" means that portion of the net lot area encompassed within the outermost wall line which defines a building enclosure. "Building frontage" means the length or the surface of the building wall which faces, and is visible to the general public from, a private or public right-of-way or driveway. "Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs and structures, hotels and motels, and recreational and amusement enterprises conducted for profit. "Business or trade school" means a use, except a college or university, providing education or training in business, commerce, language, or similar activity or pursuit, and not otherwise defined as a home occupation. C. "C" Definitions: "Canopy" means any roof-like structure, either attached to another structure or freestanding, or any extension of a roof line, constructed for the purpose of protection from the elements or aesthetic purposes in connection with outdoor living. "Car shelter" means a roofed structure or a part of a building not enclosed by walls, intended and designed to accommodate one or more vehicles. "Caretaker" means a person or persons employed for the purpose of protecting the principal use of the property or structure. "Centerline" means the centerline as established by the County Surveyor of Santa Clara County, the City Engineer, or by the State Division of Highways of the State of California. "Changeable copy sign" means any sign, or portion, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs, but excluding electronic readerboard signs and signs which display the current time or temperature. "Change of face" means any changes to the letter style, size, color, background, or message. 2016 S-54 "Change of use" means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change in ownership, tenancy or management where the previo11s nature of the use, line of business, or other function is substantially changed. "Child" means a person who is under eighteen years of age. "Child day care facility" means a facility, licensed by the State or County, which provides non-medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes day care centers, employer sponsored child-care centers and family day care homes. "Church" means a use providing facilities for organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section. "College" or "university" means an educational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree or defined by Section 94110 of the Education Code of the State of California, or successor legislation. "Collocation" means the placement of aerials and other facilities belonging to two or more communication service providers on a single mast or building. "Commercial cannabis activity" shall have the meaning set forth in California Business and Professions Code section 19300.S(k). "Commercial district," for purposes of the Sign Ordinance, means an area ofland designated for commercial use in the current Cupertino General Plan. "Commercial recreation" means a use providing recreation, amusement, or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services, operated on a private or for-profit basis, but excluding uses defined as outdoor recreation services. "Common interest development" means the following, all definitions of which are based upon Civil Code Section 4100 or subsequent amendments: 1. A condominium project; 2. A community apartment project; 3. A stock cooperative; or 4. A planned development. 19.08.030 Cupertino -Zoning 8 "Community center" means a place, structure, area, or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designated to accommodate and serve a significant segment of the community. "Community organization" means a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses. "Concession" means a benefit offered by the City to facilitate construction of eligible projects as defined by the provisions of this chapter. Benefits may include, but are not limited to, priority processing, fee deferments and waivers, granting of variances, and relaxation of otherwise applicable permit conditions or other concessions required by law. "Condominium conversion" or "Conversion" means a change in the type of ownership of a parcel (or parcels) of land, together with the existing attached structures, to that defined as a common interest development, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structure. "Condominium project" or "project" includes the real property and any structures thereon, or any structures to be constructed thereon, which are to be divided into condominium ownership. "Condominium units" or "units" means the individual spaces within a condominium project owned as individual estates. "Congregate residence" means any building or portion which contains facilities for living, sleeping and sanitation, as required by the California Building Code and may include facilities for eating and cooking for occupancies other than a family. A congregate residence may be a shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or lodging houses. "Convalescent facility" means a use other than a residential care home providing inpatient services for persons requiring medical attention, but not providing surgical or emergency medical services. "Convenience market" means a use or activity that includes the retail sale of food, beverages, and small personal convenience items, including sale of food in disposable containers primarily for off-premises consumption, and typically found in establishments with long or late hours of operation and in relatively small buildings, but excluding delicatessens and other specialty food shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh-cut meats. "Corner triangle" means a triangular-shaped area bounded by the following, unless deemed otherwise by the City Engineer: 2016 S-54 1. The intersection of the tangential extension of front and street side property lines as formed by the intersection of two public rights-of-way abutting the said property lines; and 2. The third boundary of the triangular-shaped area shall be a line connecting the front and side property lines at a distance of forty feet from the intersection of the tangential extension of front and side property lines. "Corner triangle," for purposes of the Sign Ordinance, means a triangular-shaped area of land adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner Triangle-Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle-Uncontrolled Intersections for details.) "Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings, including the open space in a house court or court apartment providing access. "Covered parking" means a carport or garage that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not ordinarily roof coverings and cannot be used in providing a covered parking space. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. D. "D" Definitions: "Day care center" means any child day care facility, licensed by the State or County, other than a family day care home, and includes infant centers, preschools, and extended day care facilities. Day Care Home, Family. "Family day care home" means a home, licensed by the State or County, which regularly provides care, protection and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardian are away, and includes the following: 1. "Large-family day care home," which means a home which provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, as set forth in the California Health and Safety Code Section 1597.465; 2. "Small-family day c.are home," which means a home which provides family day care to eight or fewer children, including children under the age of ten years who resides at the home, as set forth in the California Health and Safety Code Section 1597.44. 11 Definitions 19.08.030 H. "H" Definitions: "Habitable floor" means the horizontal space between a floor area of at least seventy square feet and the ceiling height measuring at least seven feet six inches above it, except for a kitchen which shall have a ceiling height not less than seven feet above the floor. "Habitable space" means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are not considered habitable space. "Heavy equipment" means any mechanical or motorized device that is not a vehicle or a commercial vehicle as defined in Section 19.08.030(V), including, but not limited to, a backhoe, cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar device. "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction, exclusive of chimneys, antennas or other appurtenances, except that entry features are measured to the top of the wall plate. Height restriction shall be established by establishing a line parallel to the natural grade. "Height", for purposes of the Accessory Buildings/Structures, encompasses the entire wall plane nearest the property line, including roof, eaves, and any portion of the foundation visible above the adjoining finished grade. To of Pate Entry Feature Natural Grade HEIGHT LIMIT FOR ENTRY FEATURES "Home occupation" means a business, profession, occupation or trade activity which is performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard area or garage associated with that dwelling unit, or a yard area or garage associated with that unit, for purposes of generating income, by means of the manufacture, and/or sale of goods and/or services, but which activity is clearly incidental to the use of the dwelling for residential purposes. "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons, primarily on an inpatient basis, and including ancillary 2016 S-54 facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, employees or visitors. "Hotel" means a facility containing rooms or groups of rooms, generally without individual kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a transient or residential occupancy basis, and whether or not eating facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or similar use, but does not include mobilehome parks or similar uses. "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. However, no animal including household pets may be kept, maintained and/or raised for commercial purposes except where permitted with required permits. "Household type" means whether the occupants of the housing units are very low income, lower income, moderate income, or senior citizens. "Housing development" means for the purposes of Chapter 19.56, Density Bonus, a development project for 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 substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. I. "I" Definitions: "Identification Card" shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended. "Industrial district," for purposes of the Sign Ordinance, means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Institutional district," for purposes of the Sign Ordinance, means all BQ, PR, FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan. J. "J" Definitions: "Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap material, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. 19.08.030 Cupertino -Zoning 12 K. "K" Definitions: "Kitchen" means an area in habitable space used for the preparation of food and including at least three of the following: 1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters; 2. Counter; 3. Refrigerator; 4. Sink. L. "L" Definitions: "Landscaping" means an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. "Late evening activities" means an activity which maintains any hours of operation during the period of eleven p.m. to seven a.m. "Legal substandard lot" means any parcel ofland or lot recorded and legally created by the County or City prior to March 17, 1980, which lot or parcel is of less area than required in the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of required street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of a legally created, substandard property which is less than six thousand square feet but equal to or greater than five thousand square feet may utilize such parcel for residential purposes. The owner of a legally created parcel of less than five thousand square feet may also develop the site as a single-family residential building site if it can be demonstrated that the property was not under the same ownership as any contiguous property on the same street frontage as of or after July 1, 1984. "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation for below grade rooms. "Liquor store" means a use requiring a State of California "off-sale general license" (sale for off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total dollar sales accounted for by beverage covered under the off-sale general license. "Living space" means habitable space and sanitation. "Loading space" means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. "Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an accessory building to persons other than members of the family residence in the 2015 S-47 dwelling unit, for overnight occupancy on a residential occupancy basis, whether or not meals are provided to the person. Lodging shall be subject to the residential density requirements of the district in which the use is located. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended for use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit providing lodging where designed or used for occupancy by more than two persons; each two-person capacity shall be deemed a separate lodging unit for the purpose of determining residential density; each two lodging units shall be considered the equivalent of one dwelling unit. 1. "Lot" means a parcel or portion ofland separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 2. "Flag lot" means a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. 3. "Interior lot" means a lot other than a corner lot. 4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. 5. "Lot area" means the area of a lot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot within a street right-of-way whether acquired in fee, easement or otherwise. "Lot coverage" means the following: 1. "Single-family residential use" means the total land area within a site that is covered by buildings, including all projections, but excluding grom1d-level paving, landscape features, lightwells, and open recreational facilities. 2. "All other uses except single-family residential" means the total land area within a site that is covered by buildings, excluding all projections, ground-level paving, landscape features, and open recreational facilities. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line. 13 Definitions 19.08.030 "Lot line" means any boundary of a lot. 1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means the lot line not intersecting a front lot line which is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. 4. "Side lot line" means any lot line which is not a front or rear lot line. 5. "Street lot line" means any lot line abutting a street. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds which has been recorded. "Lot width" means the horizontal distance between side lot lines, measured at the required front setback line. "Lower-income household" means a household whose gross income does not exceed that established by Health and Safety Code Section 50079.5, as may be amended. M. "M" Definitions: "Major renovation," for purposes of Chapter 19 .116, means any renovation for which an expenditure of more than one thousand dollars was made. "Major repair," for purposes of Chapter 19.116, means any repair for which an expenditure of more than one thousand dollars was made. "Manufacturing" means a use engaged in the manufacture, predominantly from previously prepared materials, offinished products or parts, including processing fabrication, assembly, treatment, packaging of products, but excluding basic industrial processing of extracted or raw materials, processes utilizing inflammable or explosive material (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff, and concentrated cannabis and the separated resin, whether crude or petrified, obtained from marijuana. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination. 2016 S-54 "Marijuana cultivation facility" means any business, facility, use, establishment, property, or location where the cultivation of marijuana occurs. A "marijuana cultivation facility" does not include a "qualified patient's" primary residence provided such cultivation of medical marijuana is for his or her personal use. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. "Massage parlor" means a building or portion thereof, or a place where massage is administered for compensation or from which a massage business or service for compensation is operated which is not exempted or regulated by the Massage Establishment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9. 06. "Maximum allowable residential density" for purposes of Chapter 19.56, Density Bonus, means the maximum allowable density allowed under the zoning ordinance and land use element of the general plan. For purposes of that Chapter, if the maximum density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. "Medical marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362.7. "Medical marijuana dispensary" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, transported, and/or distributed. A "medical marijuana dispensary" does not include the following uses: 1. A "qualified patient" transporting "medical marijuana" for his or her personal use; 2. A "primary caregiver" delivering or transporting "medical marijuana" to a "qualified patient;" 3. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; 4. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; 19.08.030 Cupertino -Zoning 14 5. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; 6. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or 7. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. "Minor change" means an alteration or modification of an existing plan, development or project which is substantially inferior in bulk, degree or importance to the overall dimension and design of the plan, development or project with no change proposed for the use of the land in question, no change proposed in the character of the structure or structures involved, and no variance required. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semipermanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach. "Mobilehome park" means any area or tract of land where lots are sold, rented, or held out for rent to one or more owners or users of mobilehomes, excluding travel- trailers, for the purpose of permanent or semipermanent housing. "Moderate income household" means a household whose gross income does not exceed that established by Section 50093 of the Health and Safety Code, as may be amended. "Multiple-family use" means the use of a parcel for three or more dwelling units which may be in the same building or in separate buildings on the same parcel. N. "N" Definitions: "Natural grade" means the contour of the land prior to improvements or development, uuless otherwise established by a City approved grading plan that is part of a subdivision map approval. "Nightclub" means an establishment providing alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service. 0. "O" Definitions: "Office" means: 1. "Administrative or executive offices" including those pertaining to the management of office operations or the direction of enterprise but not including merchandising or sales services. 2. "Medical office" means a use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the State of California and including services related to medical research, testing and analysis. 2016 S-54 3. "Professional offices" such as those pertaining to the practice of the professions and arts including, but not limited to, accounting, architecture, dentistry, design, engineering, including associated testing and prototype development, but excluding product manufacturing and/or assembly, law and medicine, but not including sale of drugs or prescriptions except as incidental to the principal uses and where there is external evidence of such incidental use. 4. "Office district," for purposes of the Sign Ordinance, means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA or OP zone or which are designated for offices on the general plan. "Offset" means the indentation or projection of a wall plane. "Open" means a space on the ground or on the roof of a structure, uncovered and unenclosed. "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a common interest development. "Outdoor recreation use" means a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities. P. "P" Definitions: "Park" means any open space, reservation, playground, swimming pool, golf course, recreation center, or any other area in the City owned or used by the City or County and devoted to active or passive recreations. "Parking area" means an unroofed, paved area, delineated by painted or similar markings, intended and designed to accommodate one or more vehicles. "Parking facility" means an area on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this title. Parking facility includes parking lots, garages and parking structures. 1. "Temporary parking facility" means parking lots which are not required under this title and which are intended as interim improvements of property subject to removal at a later date. "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. Parking space is equivalent to the term "parking stall" an\f does not include driveways, aisles or other features comprising a parking facility as previously defined in this chapter. 15 Definitions 19.08.030 "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Permit" means a permit issued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings, structures, land and/or uses. Permits may include but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential Permits, Architectural and Site Approvals, Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps. "Person" means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any other form of business or legal entity. "Personal fitness training center" means a facility providing space and equipment, with or without supervision, for group or individual athletic development, increased skill development in sports activity, or rehabilitative therapy for athletic injury. "Perspective drawing" means a rendering of a three-dimensional view depicting the height, width, depth, and position of a proposed structure in relation to surrounding properties and structures when viewed from street level. "Picnic area" means a facility providing tables and cooking devices for preparation and consumption of meals out of doors or within an unenclosed shelter structure. "Practice range" means a facility providing controlled access to fixed or movable objects which are used to test and measure accuracy of discharge from a weapon. "Primary caregiver" shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352.5, 11362. 7, and following, or as may be amended. "Private educational facility" means a privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. "Project improvements" means all public road improvements, undergrounding utility improvements, and improvements to the on-site utility networks as required by the City of Cupertino for a common interest development. "Projection" means architectural elements, not part of the main building support, that cantilevers from a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects. 2016 S-54 "Promotional device" means any sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Property" means real property which includes land, that which is affixed to the land, and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through 662. 1. Property, Adjoining. "Adjoining property" means any unit of real property, excluding lands used as public streets, sharing one or more common points with another property. "Provider" means a person who operates a child day care home and is licensed by the State of California. "Public dancehall" is a building or portion used for dancing purposes to and in which the general public is admitted and permitted to dance, upon payment of any fee other than compensation, or upon payment of a charge for admission, or for which tickets or other devices are sold, or in which a charge is made for the privilege of dancing with any other person employed for such purpose by the operator of the establishment, including but not limited to taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is incidental only to other entertainment. Q. "Q" Definitions: "Qualified applicant" is a person who has a legal or equitable interest in real property which is the subject of a development agreement, determined pursuant to Section 19.116.070. Qualified applicant includes an authorized agent. "Qualified patient" shall have the same meaning as set forth in state law, including Health and Safety Code Sections 11352.5, 11362.7, and following, or as may be amended. "Qualifying resident" for purposes of Chapter 19.56, Density Bonus, of this Code, means a senior citizen or other persons eligible to reside in a senior citizen housing development. R. "R" Definitions: "Recreational open space" means open space within a common interest development (exclusive of required front setback areas) which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings and landscaped areas may be included as open space. "Recyclable materials" means discards or waste materials that may be separated or mixed, collected and processed, and used as raw materials for new products. For purposes of Chapter 19.108, recyclable material does not include hazardous materials. 19.08.030 Cupertino -Zoning 16 "Recycling center" means a facility for the collection and/or processing of recyclable materials. Recycling center does not include storage containers or processing activity located on the premises of a commercial or manufacturing use and use solely for the recycling of material generated by that business or manufacturer. 1. "Recycling center, Certified" or "Certified Processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. 2. "Recycling center, Mobile 11 means an automobile, truck, trailer or van licensed by the Department of Motor Vehicles, which is used for the collection of recyclable material. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials. A mobile recycling center may consist of an enclosed vehicle such as box cab or enclosed semi-trailer or an open vehicle such as a flatbed trailer with bins or boxes to contain recyclable materials. "Recycling facilities" may include the following: a. "Collection facility" means a facility for the acceptance (donation, redemption or sale) of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in standards and conditions, in Chapter 19.108, Beverage Container Redemption. Collection facilities may include the following: i. Reverse vending machine(s); ii. Small collection facilities which occupy an area of not more than five hundred square feet, and may include: (A) A mobile recycling unit, (B) Bulk reverse vending machine or a grouping of reverse vending machines occupying more than fifty square feet, (C) Kiosk type units and bulk vending machines, (D) Unattended containers placed for the donation of recyclable materials; ut. Large collection facilities which may occupy an area of more than five hundred square feet, or is on a separate property not appurtenant to a host use, and may include permanent structures. b. "Processing facility" means a building or enclosed space use for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facility includes the following: 2016 S-54 i. A light processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. ii. A heavy processing facility is any processing facility other than a light processing facility. "Religious institution" means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities including accessory housing incidental thereto, but excluding a private educational facility. Any use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. "Research and development" means a use engaged in study, design, analysis and experimental development of products, processes or services, including incidental manufacturing of products or provisions of services to others. "Residential care facility" means a building or portion designed or used for the purpose of providing twenty-four-hour-a-day nonmedical residential living accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code (H&SC) Section 1250 et seq., community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section 1569 et seq.), or facilities for the mentally disordered or otherwise handicapped (W &I Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11384.11), and other similar care facilities. "Residential district" for purposes of the Sign Ordinance, means the Rl, RHS, R2, R3, RlC, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. 16A Definitions Restaurant: 1. Restaurant, Fast-Food. "Fast-food restaurant" means a retail food service establishment in which prepared foods or beverages are served or sold on or in disposable containers, including those establishments where a substantial portion of the patrons may serve themselves and may consume the food and beverages off-site. A separate bar facility for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food restaurants. 2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a fast-food restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, a separate bar facility for serving alcoholic beverages is not permitted without a use permit. "Reverse vending machine(s)" means an automated mechanical device which accepts one or more types of empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value, as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling center, multiple grouping of reverse vending machines may be necessary. 1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. S. "S" Definitions: "Screened" means shielded, concealed, and effectively hidden from view at an elevation of up to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof. 2016 s .. 54 19.08.030 19.08.030 Cupertino -Zoning 16B 19 Definitions 19.08.030 "Site," for purposes of the Sign Ordinance, means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event," for purposes of the Sign Ordinance, means a temporary promotional event including, but not limited to, a special sale on merchandise or services, or grand openings. "Special event banner" means any temporary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. "Story" means that portion of a building, excluding a basement, between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. "Street" means a public or private thoroughfare the design of which has been approved by the City which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter. 1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and portions and including extensions in the length and width, which have been dedicated by the owners to public use, acquired for public use, or in which a public easement for roadway purposes exists. "Street frontage," for purposes of the Sign Ordinance, means the length of a site along or fronting on a public or private street, driveway or other principal thoroughfare, but does not include such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. 2015 S-47 "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 1. Structure, Recreational. "Recreational structure" means any affixed accessory structure or portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not include portable play structures, such as swings or climbing apparatus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof structure or similar physical attachment. "Supportive housing" (per CA Government Code 65582(£), as may be amended) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. T. "T" Definitions: "Target population" (per CA Government Code 65582(g), as may be amended) means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy. "Transitional housing" (per CA Government Code 65582(h), as may be amended) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from beginning of assistance. "Trim" means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to a sign. 19.08.030 Cupertino -Zoning 20 U. "U" Definitions: "Use" means the conduct of an activity, or the performance of a function or operation, on a parcel or in a building or facility. 1. "Accessory use" means a use which is incidental to and customarily associated with a specified principal use. 2. "Conditional use" means a use listed by the regulations of any particular district as a conditional use within that district, and allowable solely on a discretionary or conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title. 3. "Nonconforming use" means a use which is not a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on October 10, 1955; or the date of any amendments thereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. (See "noncomplying facilities" in this chapter for a definition.) 4. "Permitted use" means a use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title. 5. "Principal use" means a use which fulfills a primary function of a household, establishment, institution, or other entity. "Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or less of the principal structure) may be included in calculation ofusable rear yard area. V. "V" Definitions: "Variance application" means an application for which an exception process is not identified in the Municipal Code. "Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power. 1. Vehicle, Commercial. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of goods. 2016 S-54 2. Vehicle, Recreation. "Recreation vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreation vehicle includes, but is not limited to, trailers, motor coach homes, converted trucks and buses, and boats and boat trailers. "Very low income household" means a household whose gross income does not exceed that established by Health and Safety Code Section 50105, as may be amended. "Visual privacy intrusion" means uninterrupted visual access from a residential dwelling or structure into the interior or exterior areas of adjacent residential structures, which area is either completely or partially private, designed for the sole use of the occupant, and/or which serves to fulfill the interior and/or exterior privacy needs of the impacted residence or residences. W. "W" Definitions: None. X. "X" Definitions: None. Y. "Y" Definitions: "Yard" means an area within a lot, adjoining a lot line, and measured horizontally, and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title. 1. "Front yard" means a yard measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line. 2. "Rear yard" means a yard measured into a lot from the rear lot line, extending between the side yards; provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. 3. "Side yard" means a yard measured into a lot from a side lot line, extending between the front yard and rear lot line. Z. "Z" Definitions: None. (Ord. 16-2140, §§ 1-5, 2016; Ord. 14-2125, § 3 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 11-2074, (part), 2011; Ord. 2056, (part), 2010; Ord. 1894, § 1, 2002; Ord. 1891, (part), 2002; Ord. 1863, (part), 2000; Ord. 1809, 2000; Ord. 1784, (part), 1998; Ord. 1725, (part), 1996; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1654, 1994; Ord. 1637, (part), 1993; Ord. 1635, (part), 1993; Ord. 1618, (part), 1993; Ord. 1607, § 1, 1992; Ord. 1601, Exh. A (part), 1992) 19.72.010 CHAPTER 19.72: LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP) ZONES Section Purpose. 19.72.010 19.72.020 19.72.030 Applicability of regulations. Permitted, conditional and excluded uses. 19.72.040 19.72.050 19.72.060 Permits required for development. Restrictions related to emissions. Site development regulations. 19.72.010 Purpose. The purpose of the light industrial (ML) zoning district is to provide for, and regulate, certain industrial uses which are incompatible with commercial and residential uses but perform important storage, manufacturing or servicing functions for such commercial and residential uses in the City. The property in this zone should be located near central business areas, near arterial traffic routes, along railroad lines, or where specialized services for residential areas should be concentrated. Activities and hazardous materials that may be used in the light industrial zoning district are specifically incompatible with schools, daycare centers, convalescent care centers and other sensitive receptors and such sensitive receptors are prohibited from this zoning district. The purpose of the Industrial Park (MP) zoning district is to provide regulations for parcels or combinations of parcels of land of twenty-five acres or more on which development of light industrial parks is deemed appropriate. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19. 72.020 Applicability of Regulations. No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered, or enlarged in an ML and MP zone, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2016 S-54 Repl. 131 19.72.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Light Industrial (ML) or Planned Industrial (MP) are identified in Table 19.64.020. (Ord. 2085, § 2 (part), 2011) 19.72.040 Permits Required for Development. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in an ML or MP zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12. (Ord. 2085, § 2 (part), 2011) 19.72.050 Restrictions Related to Emissions. No use shall be allowed which is or will be offensive by reason of the emission of dust, gas, smoke, noise, fumes, odors, bright lights, vibrations, nuclear radiation, radio frequency interference, or otherwise. Every use shall be operated in such manner that the volume of sound inherently and recurrently generated shall not exceed sixty-five decibels during the day and fifty-five decibels at night, at any point on the property line on which the use is located, or sixty decibels during the day and fifty-five decibels at night, at any point on the property line on which the use is located where such property line abuts property that is zoned for residential purposes. Noise and sounds shall be appropriate! y muffled in such manner so as not to be objectionable as to intermittent beat, frequency, or shrillness. Provided further that prior to issuance of a building permit the Building Inspector may require evidence that adequate controls, measures, or devices have been provided to insure and protect the public interest, health, comfort, convenience, safety and general welfare from such nuisances. Emissions ofnoise, vibrations, radiation, light, smoke, fumes or gas, odor, dust and toxic waste shall be limited to quantities indicated in this section. The limitations shall 19.72.050 Cupertino -Zoning 132 apply at any point outside the boundary of each lot in an ML zone, the boundary assumed, for the purpose of this title, to extend in a vertical plane and below ground. In case of further subdivision or lot split, the limitations shall not apply outside any resulting lot. A. Vibration. Vibrations in the nonaudible range shall not be of such intensity that they can be perceived without instruments. B. Radiation. Electromagnetic radiation shall not result in perceptible disturbance of television or radio reception. C. Light. The intensity of light at the boundary of each lot shall not exceed seventy-five footlamberts from a source of direct light, or one hundred footlamberts from a source of reflected light. The intensity of light at the boundary of an industrial zone, or an industrial area in a planned development (P) zone, shall not exceed fifty footlamberts from a source of direct light, or seventy-five footlamberts from a source of reflected light. D. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Department of Interior, Bureau of Mines, Informational Circular 8333, May 1967; except that a visible grey smoke of a shade equal to No. 2 on the Ringelmann Smoke Chart may be emitted for four minutes in any thirty minutes. E. Hazardous and Toxic Materials. The use, handling, storage, and transportation of toxic and hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4). The use, storage, manufacture and disposal of hazardous materials shall be regulated and monitored according to the standards established by the U.S. Environmental Protection Agency (EPA), the California Environmental Protection Agency (Cal/EPA) and any delegated government agencies. F. Odor. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable without the aid of instruments at the boundaries of the lot or in such concentrations as to create a public nuisance or hazard beyond such boundaries. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is established as a guide in determining such quantities of offensive odors, Table III, Odors Thresholds, in Chapter 5 of Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. G. Fly Ash, Dust, Fumes, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other 2012S-31 forms of property, or that will result in the collection of heavy gases at ground level. No emission shall be permitted in excess of fifty percent of the standards specified in Table I, Chapter 5 of Industrial Hygiene Standards, Maximum Allowable Concentrations of the Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, exceed one-tenth of a grain (0 .1 grain) per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Falrrenheit and fifty percent excess air. H. Wastes. No discharge shall be permitted into any public street or sewer, private sewage disposal system, stream, body of water, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, corrode or otherwise damage sewers or pipelines, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Environmental Protection Agency (Cal/BP A) and any other governmental agency having jurisdiction over the activities. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.72.060 Site Development Regulations. Table 19.72.060 sets forth the rules and regulations pertaining to the development of structures on property zoned Light Industrial (ML and ML-re) and Industrial Park (MP). In ML-re and ML-fa zones, if no standards are listed, the standard reverts to the ML zoning standards. [Table 19.72.060 begins on next page.] 19.98.010 CHAPTER 19.98: MEDICAL MARIJUANA Section 19.98.010 19.98.020 19.98.030 Purpose. Prohibitions. Enforcement. 19.98.010 Purpose. The purpose and intent of this section is to prohibit medical marijuana dispensaries, marijuana cultivation facilities, medical marijuana deliveries, and commercial cannabis activities, as defined in Chapter 19. 08, Definitions, within the city limits. It is recognized that it is a Federal violation under the Controlled Substances Act to possess or distribute marijuana even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana cultivation facilities and medical marijuana dispensaries and in connection with medical marijuana deliveries, which is detrimental to the public's health, safety, and welfare. The State of California's licensing and regulation as contemplated by Assembly Bills 243 and 266 and Senate Bill 643 have not yet taken effect nor been implemented, and the City Council desires to preserve local control over these uses and activities. Nothing in this Chapter is intended to circumvent compliance with state law. (Ord. 16-2140, § 6, 2016) 19.98.020 Prohibitions. A. The following are prohibited: 1. Medical marijuana dispensaries in all zones in the city and shall not be established or operated anywhere in the city. 2. Marijuana cultivation facilities in all zones in the city and shall not be established or operated anywhere in the city. 3. Commercial cannabis activities in all zones in the city and shall not be established or operated anywhere in the city. B. No person shall own, establish, open, operate, conduct, or manage a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in the city, or be the lessor of property where a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity is located. No person shall 2016 S-54 156A participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in the city. C. No permits, grading permit, building permit, building plans, zone change, business license, certificate of occupancy or other applicable approval will be accepted, reviewed, approved or issued for the establishment or operation of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity. D. Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. (Ord. 16-2140, § 6, 2016) 19.98.030 Enforcement. The city may enforce this section in any manner permitted by law. The violation of this Chapter shall be and is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief. (Ord. 16-2140, § 6, 2016) 156B Medical Marijuana 19.152.010 CHAPTER 19.152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS Section 19.152.010 19.152.020 19.152.030 19.152.040 Amendments. Changes in district boundaries. Changes in zoning regulations. Prezoning. 19.152.010 Amendments. This title may be amended by changing the boundaries of districts, or by changing the regulations applicable within one or more districts, or by changing any other provision of this title, whenever the public interest or general welfare so require. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.152.020 Changes in District Boundaries. Changes in the boundaries of districts established by this title may be initiated by any one of the following actions: A. By application of a property owner in accord with the requirements of Chapter 19.12, which shall include the following: 1. A description and map showing the boundaries of existing and requested districts, and identifying the property for which a change of district is requested; 2. A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; 3. Written copy of the applicant's description of how the proposed change complies with the Findings listed in the chapter that pertains to the requested change; B. By motion of the City Council, or by motion of the Planning Commission, which may include any public or private property, and shall be accompanied by: 1. Maps or descriptions necessary to define existing and proposed boundaries of districts, and 2. A statement, describing in general terms, the reasons for consideration of a change in district boundaries. C. Findings: The Approval Body may approve of an application to change the district boundaries, if it finds all of the following: 1. That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan. 2016 S-54 243 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). 3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s). 4. The proposed zoning will promote orderly development of the City. 5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.152.030 Changes in Zoning Regulations. A. Changes in any provision of this title, other than the boundaries of districts, may be initiated from time to time, by one of the following actions: 1. By motion of the City Council on its own initiative; 2. By motion of the Planning Commission on its own initiative. B. Changes initiated by motion of the Council shall be forwarded to the Planning Commission and may be supplemented by such explanatory material as the Council may deem appropriate to facilitate review and recommendation by the Planning Commission. C. Changes in Zoning Regulations shall be adopted by Ordinance by the City Council pursuant to the procedures described in Section 36931 et seq. of the California Government Code. D. Findings: The City Council may approve changes to the zoning regulations in this title, if in addition to the findings in Section 19.152.020(C), it finds: 1. The proposed Ordinance conforms with the latest adopted general plan for the City in that a prohibition against marijuana cultivation facilities, medical marijuana dispensaries, commercial cannabis activities, and medical marijuana delivery services does not conflict with any allowable uses in the land use element and does not conflict with any policies or programs in any other element of the general plan. 19.152.040 Cupertino -Zoning 2. The proposed Ordinance will protect the public health, safety, and welfare and promote the orderly development of the City in that prohibiting marijuana cultivation facilities, medical marijuana dispensaries, commercial cannabis activities, and medical marijuana delivery services will protect the City from the adverse impacts and negative secondary effects connected with these activities. 3 . The proposed Ordinance is consistent with Municipal Code Title 19, which currently bans marijuana cultivation facilities, medical marijuana dispensaries, commercial cannabis activities, and medical marijuana delivery serviced under principles of permissive zoning. 4. The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 1506l(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. (Ord. 16-2140, § 7, 2016; Ord. 2085, § 2 (part), 2011) 19.152.040 Prezoning. A. The determination of district classifications and district boundaries appropriate for property located outside the City, but potentially subject to annexation, may be made in the same manner as prescribed in this chapter and Chapter 19.12, for any property within the City, provided that any ___ QrdinancQ_4_ajy_2assed by the City Council establishing or changing such classification shall become effective only upon the effective date of annexation of such property to the City. B. Upon passage of such an ordinance, the zoning map shall be revised to show the prezoned or potential classification to become effective upon annexation, and shall identify the district or districts applicable to such property with the label or nomenclature "prezoned." (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 2016 S-54 244 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, 15-2127 Amends 2.36.030, 2.36.0070, 16.40, 16.54, 16.58) 2.36.080 and 2.36.090 regarding the 14-2116 Adds 9.15.100, 9.15.110, 9.15.120, City Park and Recreation Commission 9.15.130, 9.14.140, prohibiting use of (2.36) polystyrene foam disposable food 15-2128 Amends 11.32.010 and adds 11.32.055 service ware (9 .15) regarding truck access to streets in 14-2117 Adds 16.58.400 and 16.58.420 to Ch. school zones (11.32) 16.58, Green Building Standards Code; 15-2129 Amends Ch. 2. 40, Disaster Council amends 1.08.010, 1.08.020, 1.08.030 (2.40) regarding right of entry for inspection 15-2130 Amends Ch. 6.24, Garbage, Non- (16.58, 1.08) Organic Recycling and Organic Waste Recycling Collection and Disposal; amends Ch. 9.16, Solid Waste, Non-Organic Recycling and Recycling Areas (6.24, 9.16) 2015 S-49 Ord. No. 15-2131 15-2132 15-2133 15-2134 15-2135 15-2136 15-2137 15-2138 16-2139 16-2140 16-2141 2016 S-54 Cupertino -Comprehensive Ordinance List Amends Ch. 15.32, Water Conservatfon (15 .32) Adds Ch. 2.94, Sustainability Commission (2.94) Adds Ch. 16.28, Expedited Permit Process for Small Rooftop Solar Systems (16.28) Amends 11.32.020, 11.32.055, 11.32.070 and 11.32.080 regarding truck routes and truck access within city and school zones, (11.32) Rezoning certain land (Not Codified) Amends § 2.12.040, ordinance passage (2.12) Amends § 2.04.010, regular meetings (2.04) Authorizing the implementation of a Community Choice Aggregation Program (Not Codified) An interim urgency ordinance establishing a moratorium on all medical marijuana facilities pending completion of an update to the zoning code (Not Codified) Amends § 19.08.030 regarding definitions (19.08), adds Ch. 19.98 regarding medical marijuana (19.98), and amends § 19.152.030 regarding proposed ordinances (19.152) Amends § 14.04.110 and§ 18.56.040 regarding street reimbursement charges (14.04, 18.56) 44 17 HOUSING COMMISSION Chairperson, vice-chairperson, selection, term 2.86.050 Compensation 2.86.070 Effect of provisions 2. 86.130 Established, composition 2.86.010 Meetings See also Procedural rules regulations generally 2.86.060 voting, requirements 2.86.080 Members See also Specific Subject selection, qualifications, residency 2.86.020 Power, duties, responsibilities generally 2.86.100 Procedural rules 2.86.120 Recordkeeping, requirements 2.86.090 Staff assistance 2.86.110 Term of office 2. 86. 030 Vacancy, filling 2.86.040 --I -- IMPROVEMENTS, STREET See STREET IMPROVEMENT INSPECTION Exemption from provisions 1. 08. 020 Notification of rights 1.08.030 Warrant required 1. 08. 010 --J -- JUNKYARD Business license --K-- KENNEL See also BUSINESS LICENSE fee 5.04.350 See ANIMAL --L -- LAND DEVELOPMENT PLANNING See also ZONING Specific plans 2013 S-38 applicability 20.04.020 contents 20.04.050 fees 20. 04. 060 preparation, adoption, amendment, repeal 20.04.030 purpose 20.04.010 zoning district designation 20.04.040 Index LANDSCAPING Applicability 14.15.020 Audit of existing landscapes larger than One acre 14.15 .100 Definitions 14.15.030 Intent 14.15.010 Landscape and irrigation maintenance 14.15.090 Landscape installation report 14.15.080 Landscape project submittal 14.15.040 Penalties 14.15 .120 Public education 14.15.110 Soil analysis 14.15.070 Water budget calculation 14.15.060 Water-efficient design element 14.15.050 LIBRARY COMMISSION Compensation 2.68.050 Duties, powers, responsibilities 2.68.070 Effect 2.68.080 Established 2. 68.010 Meetings, quorum 2.68.040 Records 2.68.060 Term of office 2.68.020 Vacancy, removal 2.68.030 LICENSE See also PERMIT Bicycle 11.08.020 Bingo 5.32.190, 5.32.270 Business See BUSINESS LICENSE Cat 8.08.350 Commercial advertising 10.52.060 Dog 8.08.260 LIQUOR Alcoholic beverages, gasoline concurrent sales appeals 19.132.070 applicability of provisions 19.132.020 conditional use permit findings, basis 19.132.050 grant criteria 19.132.030 hearing 19.132.040 purpose of provisions 19.132.010 restrictions generally 19.132.060 Consumption, open container possession prohibitions 10.49.010 Violation, penalty 10.49.020 LOADING ZONES See PARKING --M -- Cupertino -Index MASSAGE ESTABLISHMENTS, SERVICES Conditions of premises 9. 06 .196 MANAGER, CITY Definitions 9.06.020 Abandoned, inoperative vehicle Exemptions from provisions 9.06.030 enforcement 11.04.040 Inspection of premises 9.06.230 removal authority 11.04.061 License, permit storage notice 11.04.130 See also MTO certificate, Permit Animal control application 9. 06. 050 administrative authority 8. 01. 040 documentation 9. 06. 05 5 seizure hearing 8.06.040 fee 9.06.060 Approved street tree enforcement 14.16.080 grounds for denial 9.06.070 Bicycle expiration and renewal 9.06.065 enforcement 11.08.030 required 9.06.040, 9.06.041 lanes designation 11. 08. 250 suspension or revocation license issuance 11.08.040 appeals 9.06.220 Bingo license grounds 9.06.200 applicant investigation 5.32.210, 5.32.220 hearing 9.06.210 approval 5.32.240 notice 9.06.210 denial 5.32.250 MTO certificate Bingo, provisions administration 5.32.170 See also License, permit, Permit Clerk, city, appointment 2.20.100 required 09.06.041 Commission meetings, attendance 2.28.060 Operating requirements 9.06.193 Compensation, reimbursement 2.28.080 Permit Created 2.28.010 See also License, permit, MTO certificate Departmental organization authority 2.48.030 massage establishment employees Director of emergency services 2.40.050 permit requirements 9.06.080 Eligibility, bond 2.28.030 massage therapist Garage, patio sale enforcement authority 5.16.060 annual medical examination 9.06.160 Grocery store enforcement authority 5.36.060 criteria 9.06.110 Park and/or building permit issuance 13.04.040 practical examination 9.06.120 Parks administration 13.04.220 outcall massage Pedestrian regulations administration 11. 09. 020 application 9. 06.180 Powers, duties 2.28.040 criteria 9.06.190 18 -------~Rela:tions-with-council-2~-2H~050------------Ernhibited_acts_2.0_6-.J28 ~--------------Sales and use tax, alternate, collection 3.09.050 Purpose of provisions 9.06.010 Solicitor Sanitary conditions 9. 06.196 administrative authority 5.20.100 Violation identification permit continuing 9.06.260 application investigation 5.20.020 alternative remedies 9.06.260 revocation, duties 5.20.070 penalty 9.06.250 Street tree enforcement 14.12.040 public nuisance 9.06.240 Surplus sales officer duties 3. 25. 020 Suspension, removal, resignation 2.28.090 Taxicab driver license suspension, revocation 5 . 28. 180 Temporary absence, replacement 2.28.070 Traffic speed limit signing 11.12.040 stop intersection signing 11. 20. 040 Water department duties 15.12.090 provisions enforcement 15.12.050 MARIJUANA See MEDICAL MARIJUANA 2016 S-54 MAYOR Board of appeals appointment 16.04.020 Disaster council chairman 2.40.030 Employees' retirement system execution 2.56.020 MECHANICAL CODE Adopted 16.24.010 Adoption of appendix chapters 16.24.015 Condensate wastes 16.24.030 Name insertion 16.24.020 MEDICAL MARIJUANA Enforcement 19. 98. 030 Prohibitions 19. 98. 020 Purpose 19.98.010