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CC Ordinance No. 16-2150 MCA-2016-02 19.124 Relating to Parking RegulationsOrdinance No. 16-2150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, CHAPTER 19.124 SECTION 19.124.030 "REGULATIONS FOR PARKING AND KEEPING VEHICLES INV ARIO US ZONES" AND SECTION 19.124.040 "REGULATIONS FOR OFF-STREET PARKING", REGARDING LEGAL NON-CONFORMING SINGLE-FAMILY GARAGES, AND MAKING STANDARDS FOR BICYCLE PARKING AND FACILITIES CONSISTENT WITH THE CITY OF CUPERTINO 2016 BICYCLE TRANSPORTATION PLAN. WHEREAS, this Ordinance is determined to be not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA") in that 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 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. WHEREAS, the City Council is the decision-making body for this Ordinance; and WHEREAS, the City Council before taking action on this Ordinance has reviewed the not a project determination and exemption, and using its independent judgment, determines the Ordinance to be not a project or exempt from CEQA as stated above; NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Table 19.124.030A of Section 19.124.30 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19.124.030A-Regulations for Parking and Keeping Vehicles in Various Zones Front yard, Street side setback area or within 12 feet of a Vehicles may be placed, kept or parked in these 1. public right-of-way in a rear areas subject to the restrictions below. yard area I. Residential zoning district requiring a lot size :::; 10,000 square feet= four. ii. Other residential zoning districts= six. Ordinance No. 16-2150 Page2 a. Maximum Number of Vehicles b. Vehicle with trash or debris c. Overhang ... A greater number of vehicles may be 111. approved by the City in conjunction with a development permit. iv. For purposes of counting vehicles, vertically stacked components which belong together shall be counted as a single vehicle . E.g., a camper mounted on a pickup truck. v. Horizontal groupings shall be counted as two vehicles. Open vehicles containing trash or debris are prohibited. No portion of any vehicle may overhang any public right-of-way. Table 19.124.030A -Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) Front yard, Street side setback 1. area or within 12 feet of a Vehicles may be placed, kept or parked in these (Cont.) public right-of-way in a rear areas subject to the restrictions below . yard area i. All vehicles must be parked on a permanent impervious or semi-pervious surface. 11. Semi-pervious surfaces include unit pavers, turf block, brick, cobbles, gravel or other like materials that must allow for partial filtration of water and must prevent direct contact withsoil. d . Parking pad materials lll. Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. i. Lots> 60 feet in width, maximum impervious area= 40% of front yard area. e. Front yard Impervious Area ii. Lots ~ 60 feet in width, maximum Limitation impervious area= 50% of front yard area . i. Vehicles must be ei ther currently registered, where registration is required for f. Registration/PNO required legal operation and in good operating conditions or 11. Vehicles must have a planned non- operation permit on file with the Department of Motor Vehicles i. Lots~ 150 feet in length, driveway Driveway width for detached width= IO feet ii. Lots> 150 feet in length, driveway g. garage or carport width= 12feet In new residential development, driveways shall h. Driveway clearance have a minimum clearance of two feet from a Ordinance No. 16-2150 Page3 I. Orientation of Parked Vehicles Commercial Vehicles with j . GVW> 10,000 pounds or more or oversize vehicles 2 . Areas outside those in A(l) above building wall, fence, or property line. I. All vehicles parked in the front or street yard se tb ack area must be parked perpendicular to the street, except on lots with circular driveways which conform to the provisions of this code. ii. On lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area are limited to less than twenty feet in length, unless parked perpendicular to the street. The following vehicles are not permitted: i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds or more, 11. A total combination of motor truck, truck tractor and/or trailers that exceeds sixty feet in length. Vehicles may be placed, kept or parked these areas, provided a minimum clearance of three feet is maintained from any structure. Table 19.124.030A -Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) Vehicles are permitted to be placed, kept or 3. ParkingwithinStructures parked in any legal structure, provided that A(4)(ii) ismet. I. A maximum of two such vehicles are permitted to be placed, kept or parked outside a legal structure on a lot. 4 . Non-Self-Propelled Vehicles ii. A maximum of one such vehicle can occupy a required parking space inside a legal structure. I. Shall consist an internal area encompassing two parking spaces measuring ten 5. Enclosed Garage Size feet by twenty feet each (a total of 20 feet by 20 feet) and ii. Shall provide unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. i. May continue nonconformity provided that the square footage necessary to accommodate a conforming garage be reserved from the allowable floor area Legal Non-conforming ratio for a future garage upgrade. 6. Single-Family Dwelling ii . A le gal non-conforming parking facility Garages may be structurally altered, improved, and/or enlarged in conformance with other provisions of this code. No Ordinance No. 16-2150 Page4 7. Mobilehomes 8. Living or Sleeping Quarters a . Mobilehome park Trailers, Campers or b . Recreational Vehicles reduction in size is permitted. Mobilehomes, excluding travel trailers, are not permitted within the residential zones of the City, except in a mobilehome park or as provided by State law. No vehicle shall be used for living or sleeping quarters, except as permitted below. Vehicles located in a mobilehome park and used consistent with any City reglilations applicable to mobilehome parks are permitted. Trailers, campers or recreational vehicles may be used by a bona fide guest of a City resident for a period not to exceed seventy-two hours where the trailer, camper or recreational vehicle is located on the resident's property. SECTION 2. Table 19.124.040 (A) of Section 19 .124.040 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19.124.040(A) Bicycle Stall Parking Bicycle Parking Dimensions Land Use Zones Ratio(2) Parking Class(4) (3) Residential R-1/R 4/DU (2 Single-Family HS/ garage+ 2 10 x 20ea. Al/P open) Small Lot 2.8/DU (2 Single-family, p garage 10 x 20ea . Townhouse + 0.8open) 3/DU (11/2 Duplex R2 enclosed+ 10 x 20ea. 1 1/z open) 1 space per 9.5 x 20 ea. High Density 2 residential Class I Multiple-Family, units; and R3/P 2/DU (1 covered High Density + 1 open) 1 space per Multiple Story 10 Class II Condominium residential units Ordinance No. I6-2I50 Pages Public/Quasi-Public/ Agriculture Churches, Clubs, Lodges, Theaters BQICG Schools and School Offices BA/BQ OaycareCenters CG Martial Arts, CG Dance/ Art/Music Studios, Tutorial Services, specialized schools ( doesnot include adult CG tutorial schools or services) Agriculture A Sanitariums and Rest Homes BQ Table 19.124.040(A) (Cont.) Land Use Zones Private Recreation FP Gyms, Auditoriums, floor area used BA/BQ Skating Rinks for I/4seats +I/employee +I/special- purpose vehicle l/employee + I/56 sq. ft . multipurpose room+ 8 visitor spaces/school + 1/3 students at senior H.S. or college level 1/6.Sstudents I/4 students plus I/l staff at any given time or 1/250 whichever is more restrictive 2 garage+ 2 open I/doctor +1/3 employees +I/6 beds Parking Ratio(Z) 1/4 seats+ l/employee 1/56 sq. ft. purposes+ l/employee 2% of seats. Minimum Class II two spaces Uni-size 1 space per Class II 5 students Uni-size Uni-size Uni"size 1 space per5 Class II students 10 x 20ea. Uni-size Bicycle Bicycle Parking Stall Parking Class(4) Dimensions (3) 1/5,000 sq.ft. Minimum Class II Uni-size two spaces I/5,000 sq.ft. Minimum Class II two spaces Uni-size Ordinance No. I6-2I50 Page 6 seating without fixedseats Commercial Motels/Hotels/ CG Lodging Restaurant/Bar and Nightclubs CG Restaurants without Separate Bar CG Restaurant-Fast CG Food Specialty Foods CG BowlingAlleys CG General CG Industrial Manufacturing ML I/unit I/employee (2) (3) I/3 seats+ I/employee+ I/36 sq. ft. of dance floor I/4 seats+ I/employee + I/36 sq. ft. of dance floor I/3 seats+ I/employee I/3 seats or I/250 sq. ft. whichever is more 7/lane + I/employee I/250 sq. ft. I/450 sq. ft. I/20,000 sq.ft. Class II Uni-size Minimum two spaces. I/2,000 sq.ft. Minimum two spaces Class II Uni-size I/2,000 sq.ft. Minimum two spaces Class II Uni-size I/2,000 sq.ft. Minimum Class II Uni-size two spaces I/2,000 sq.ft. Minimum Uni-size two spaces Class II I/5,000 sq.ft. Minimum Class II Uni-size two spaces I/ I,250 sq.ft. up to 25,000 sq.ft. I/2,500 sq.ft. between 25,000 - 50,000 sq.ft. 1/5,000 sq.ft. Class II Uni-size over 50,000 sq.ft. 1/5,000 sq.ft. Bulky Merchandise (5) I/I2,000 sq.ft. Class I Uni-size Ordinance No. 16-2150 Page7 Office/Prototype Manufacturing Office Corporate/ Administrati ve/ General Multi-Tenant Medical and Dental Office Notes: ML/OA CG/OP CG Minimum two spaces 1/1,250 sq.ft. or 1/15 employees, 1/285 sq.ft. whichever is more restrictive. 1/1,250 1/285 sq. ft. sq.ft. or 1/15 employees, whichever is more restrictive. 1/175 sq.ft. 1/1,250 sq.ft. 1. Refer to Table 19.124.040(8) for uni-size stall dimensions. Class I Class I Class II 2. Refer to standard details table for requirements for handicapped parking. 3. See 19.124.040(J) for stall dimensions in parking structures. 4 . See 19.124.040(P) for description of bicycle parking classes. Uni-size Uni-size Uni-size 5. Retai l space devoted to the handling of bulky merchandise such as motor vehicles, machinery or furniture, excluding grocery stores . S ECTIO N 3: Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. S ECTION 4: Effective Date. This Ordinance shall take effect thirty days after a d option as provided by Government Code Section 36937. SE CTI O N 5: Certificati on. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Ordinance No . 16 -2150 Pag e 8 Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. SECTION 6: Continuity. To the extent the prov isions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. INTRODUCED at a regular meeting of the Cupertino City Council the 20th day of September, 2016 and ENACTED at a regular meeting of the Cupertino City Council on this 4 1h of October 2016 by the following vote: AYES : NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Chang, Vaidhyanathan, Paul, Sinks, Wong None None None APPROVED : ti!,rn£L# Grace Schmidt, City Clerk STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. 16-2150, which was enacted on October 4 , 2016 , and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF , I have hereunto set my hand and seal this 5th day of October, 2016. GRACE SCHMIDT, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California