CC Ordinance No. 16-2149 MCA-2016-01 Titles 1 and 19 Related to permits, procedure, and code requirementsORDINANCE NO. 16-2149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 1, CHAPTER 1.10, TO ADD SECTION 1.10.055, "RECORDING
NOTICE OF VIOLATIONS"; AMENDING TITLE 19, CHAPTER 19.08, SECTION
19.08.030 "DEFINITIONS", AMENDING CHAPTER 19.12 SECTION 19.12.080
"APPLICATION PROCESS" AND SECTION 19.12.180 "EXPIRATION, EXTENSION
AND REVOCATION", AMENDING CHAPTER 19.28SECTION19.28.120, "LANDSCAPE
REQUIREMENTS", AMENDING CHAPTER 19.32 SECTION 19.32.010 "PURPOSE",
REPEALING AND REPLACING CHAPTER 19.56, "DENSITY BONUS", AND
AMENDING CHAPTER 19.104 TO ADD SECTION 19.104.205, "MESSAGE
SUBSTITUION"; RELATED TO PERMITS, PROCEDURES, AND REQUIREMENTS OF
THE CODE TO CONFORM TO LAW, ENSURE INTERNAL CONSISTENCY, AND
PROVIDE CLARIFICATION
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:
Ordinance No. 16-2149
Page 2
SECTION 1. Statement of Purpose.
The Municipal Code is reviewed and amended to ensure consistency with State Law, internal
consistency, clarifications and to make clarifications based upon changes in the law. At this
time, revisions have been identified to chapters within Title 1 General Provisions and Title 19
Zoning.
SECTION 2. Chapter 1.10 of Title 1 of the Cupertino Municipal Code is hereby
amended by adding Section 1.10.055 to be numbered and entitled and to read as follows:
1.10.055 Recording of Notice of Violation.
If the enforcement officer has determined that a violation of the provisions of this Code exist,
he or she may also provide a notice of intent to record a notice of code violation to the owner
of the property upon which the violation is located . The notice of intent to record shall be
provided in the same manner as is required for an administrative citation, and may be
appealed in the same manner as an administrative citation. If there is no timely appeal, or at
the conclusion of any appeal, should the City prevail, and the violation continues to exist, the
enforcement officer may record a notice of violation in the office of the County Recorder.
SECTION 3. Section 19.08 .030 of Chapter 19.08 of Title 19 of the Cupertino Municipal Code
is hereby amended as follows:
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. "A" Definitions:
"Abandon" means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
"Abutting" means having property or district lines in common.
11 Accessory building" means a building which is incidental to and customarily associated with
a specific principal use or facility and which meets the applicable conditions set forth in
Chapter 19.100, Accessory Buildings/Structures.
11 Accessory structure" means a subordinate structure, the use of which is purely incidental to
that of the main building and which shall not contain living or sleeping quarters. Examples
include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded.
"Addition" means any construction which increases the size of a building or facility in terms
of site coverage, height, length, width, or gross floor area ratio.
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"Adjacent property" means property that abuts the subject property, including property
whose only contiguity to the subject site is a single point and property directly opposite the
subject property and located across a street.
"Adult bookstore" means a building or portion thereof used by an establishment having as a
substantial or significant portion of its stock in trade for sale to the public or certain members
thereof, books, magazines, and other publications which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas," as hereinafter defined.
"Adult cabaret" means a building or portion thereof used for dancing purposes thereof or area
used for presentation or exhibition or featuring of topless or bottomless dancers, strippers,
male or female impersonators or similar entertainers, for observations by patrons or customers.
"Adult motion picture theater" means a building or portion thereof or area, open or enclosed,
used for the presentation of motion pictures distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical ar"eas," as hereinafter defined, for observation by patrons or customers.
"Advertising statuary" means a structure or device of any kind or character for outdoor
advertising purposes which displays or promotes a particular product or service, but without
name identification. ·
"Aerial" means a stationary transmitting and/or receiving wireless communication device
consisting of one or any combination of the elements listed below:
1. "Antenna" means a horizontal or vertical element or array, panel or dish that may be
attached to a mast or a tower for the purpose of transmitting or receiving radio or
microwave frequency signals.
2. "Mast" means a vertical element consisting of a tube or rod which supports an antenna.
3. "Tower" means a vertical framework of cross elements which supports either an antenna,
mast or both.
4. "Guy wires" means wires necessary to insure the safety and stability of an antenna, mast
or both.
"Affordable housing cost" means the amount set forth in the Health and Safety Code Section
50052.5, as may be amended.
"Affordable rent" means the amount set forth in the Health and Safety Code Section 50053, as
may be amended .
"Affordable units" means housing units available at affordable rent or affordable housing
cost to lower or moderate income households.
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"Agriculture" means the tilling of the soil, the ra1smg of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards,
bone yard, or plants for the reduction of animal matter or any other similar use.
"Alley" means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
"Alteration", for purposes of the Sign Ordinance, means any permanent change to a sign.
"Alteration" means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of buildings
or structures on a site, or substantial change in appearances of any building or structure.
1. "Incidental alteration" means any alteration to interior partitions or interior supporting
members of a structure which does not increase the structural strength of the structure; any
alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility
services, fixtures, or appliances; any addition, closing, or change in size of doors or
windows in the exterior walls; or any replacement of a building facade which does not
increase the structural strength of the structure.
2. "Structural alteration" means any alteration not deemed an incidental alteration.
"Amusement park" means a commercial facility which supplies various forms of indoor and
outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. "Adult animal" means any animal four months of age or older.
2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or similar
domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. "Small animal" means animals which are commonly found in single-family
residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
"Animal care" means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services .
"Apartment" means a room or a suite of two or more rooms which is designed for, intended
for, and occupied by one family doing its cooking there.
"Apartment house" means a building designed and used to house three or more families,
living independently of each other.
"Apartment project" means a rental housing development consisting of two or more dwelling
units.
Ordinance No . 16-2149
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"Approval Body" means the Director of Community Development and his/her designee, the
Planning Commission or City Council depending upon context.
"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, Concurrent Sale of Alcoholic Beverages and Gasoline.
"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 m
percent; the mathematical expression is based upon the formula described below:
S = Average slope of ground
percent;
I= Contour interval in feet;
B. "B" Definitions:
[NO CHANGE]
C. "C" Definitions:
S = (I x L; 100)
in L = Combined length in feet of all contours on
parcel;
A = Area of parcel in square feet.
"Canopy" means any roof-like structure, either attached to another structure or freestanding,
or any extension of a roof line, cons tructed for the purpose of protection from the elements or
Ordinance No. 16-2149
Page 6
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 reader board 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.
"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 previous nature of the use, line of business, or other function is substantially
unchanged.
"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 recreation" means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar
Ordinance No . 16-2149
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services, operated on a private or for-profit basis, but excluding uses defined as outdoor
recreation services.
"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.
"Commercial district," for purposes of the Sign Ordinance, means an area of land designated
for commercial use in the current Cupertino General Plan.
"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.
"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 Chapter 19.56, Density Bonus. 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.
Ordinance No . 16 -2149
Pages
"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:
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.
D. "D" Definitions:
[NO CHANGE]
E. "E" Definitions:
"Economically feasible" means when a housing development can be built with a reasonable
rate of return. The housing developer's financial ability to build the project shall not be a
factor.
Emergency She lter :
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"Emergency shelter, rotating" means a facility that provides temporary housing with minimal
supportive services and meets criteria in Section 19.76.030(2).
"Emergency shelter, permanent" means a permanently operated facility that provides
temporary housing with minimal supportive services and meets criteria in Section 19.76.030(3).
"Employee Housing" means accommodations for employees as defined by Health and Safety
Code 17008, as may be amended.
"Enclosed" means a covered space fully surrounded by walls, including windows, doors and
similar openings or architectural features, or an open space of less than one hundred square
feet fully surrounded by a building or walls exceeding eight feet in height.
"Entry feature" means a structural element, which leads to an entry door.
"Equestrian center" means a facility for the shelter, display, exhibition, keeping, exercise or
riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture
lands, corrals and trails.
"Equipment yard" means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public utility
service, transportation service, or similar activity, including but not limited to, a construction
material yard, corporation yard, vehicular service center or similar use.
F. "F" Definitions:
"Facility" means a structure, building or other physical contrivance or object.
1. "Accessory facility" means a facility which is incidental to, and customarily associated with
a specified principal facility and which meets the applicable conditions set forth in Chapter
19.80.
2. "Noncomplying facility" means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any ·
district to the property involved by reason of which the adoption or application the facility
becomes noncomplying.
3. "Principal facilities" means a main building or other facility which 1s designed and ·
constructed for or occupied by a principal use.
"Family" means an individual or group of persons living together who constitute a bona fide
single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a
fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or
institution of any kind.
Ordinance No. 16-21 49
Page 10
"Fence" means a man-made structure which is designed, intended or used to protect defend
or obscure the interior property of the owner from the view, trespass or passage of others
upon that property.
"Fence height" means the vertical distance from the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence . In a case where the finish grade is different for
each side of the fence, the grade with the highest elevation shall be utilized in determining the
fence height.
"First floor" means that portion of a structure less than or equal to twenty feet in height,
through which a vertical line extending from the highest point of exterior construction to the
appropriate adjoining grade, passes through one story.
"Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other entity.
"Floor area" means the total area of all floors of a building measured to the outside surfaces of
exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator
shafts; 4. Service s and mechanical equipment rooms; 5. Interior building area above fifteen feet
in height between any floor level and the ceiling above; 6. Basements with lightwells that do
not conform to Section 19.28.070(I); 7. Residential garages; 8. Roofed arcades, plazas,
·walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed
by exterior walls; 9. Sheds and accessory structures.
"Floor area" shall not include the following : 1. Basements with lightwells that conform to
Section 19.28.070(I) ; 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential
garages, accessory to a permitted conditional use and located on the same site; 5 . Roofed
arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not
substantially enclosed by exterior walls.
"Floor area ratio" means the ratio of gross floor area on a lot to the lot area.
"Foot-lambert" means a unit measurement of the brightness of light transmitted through or
reflected from an object or surface .
"Freeway" means any public roadway so designated by the State of California.
"Front wall" means the wall of a building or other structure nearest the street upon which the
building faces, but excluding certain architectural features as defined in this chapter.
G. "G" Definitions:
[NO CHANGE]
H. "H" Definitions:
[NO CHANGE]
Ordinance No. 16-2149
Page 11
I. "I" Definitions:
[NO CHANGE]
J. "J" Definitions:
[NO CHANGE]
K. "K" Definitions:
[NO CHANGE]
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 of land 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 dwelling unit,
Ordinance No. 16-2149
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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.
"Lot" means a parcel or portion of land 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.
1. "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.
"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 acquired, for access and street right-of-way purposes, 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 ground-level paving, landscape features,
lightwells, and open recreational facilities. Sheds are included in lot coverage.
2. "All other uses except single-family residential" means the total land area within a site that
is covered by buildings, but excluding all projections, ground-level paving, landscape
features, and open recreational facilities.
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"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.
"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. Lot line length does not include arc as
identified on corner parcels.
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, Conversions of Apartment -Projects to
Common Interest Development, means any renovation for which an expenditure of more than
one thousand dollars was made. "Major repair," for purposes of Chapter 19.116, Conversions
of Apartment Projects to Common Interest Development, means any repair for which an
expenditure of more than one thousand dollars was made.
"Major Transit Stop," for purposes of Chapter 19.56, Density Bonus, means an existing site, or
a site included in the regional transportation plan, that contains a rail transit station, a ferry
terminal served by either a bus or rail transit service, or the intersection of two or more major
bus routes with a frequency of service interval of 15 minutes or less during the morning and
afternoon peak commute periods. A housing development is considered to be within one-half
mile of a major transit stop if all parcels within the housing development have no more than
25 percent of their area farther than one-half mile from the stop and if not more than 10 percent
of the units or 100 units, whichever is less, in the housing development are farther than one-
Ordinance No. 16-2149
Page 14
half mile from the stop as set forth in Government Code Section 65915(p)(3)(A), as may be
amended
"Manufacturing" means a use engaged in the manufacture, predominantly from previously
prepared materials, of finished 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.
1. " 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.
"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
Ordinance No. 16-2149
Page 15
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 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 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:
a. A "qualified patient" transporting "medical marijuana" for his or her personal use;
b. A "primary caregiver" delivering or transporting "medical marijuana" to a "qualified
patient;"
c. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
d. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code;
e. 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;
f. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of
the Health and Safety Code; or
g. 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 semi-
permanent 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 semi-permanent 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 ..
Ordinance No. 16-2149
Page 16
"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:
[N O CHANGE]
0. "O" Definitions:
[N O CHA N GE]
P. "P" Definitions :
[N O CHANGE]
Q . "Q" Definitions:
[N O CHAN GE]
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, Beverage Container Redemption and Recycling Centers, recyclable materials do not
include hazardous materials.
"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" 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
Ordinance No. 16-2149
Pag e 17
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:
1. "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 Chapter 19.108, Beverage Container Redemption and
Recycling Centers. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of not more than five hundred square
feet, and may include:
1. A mobile recycling unit,
11. Bulk reverse vending machine or a grouping of reverse vending machines
occupying more than fifty square feet,
iii. Kiosk type units and bulk vending machines,
iv. Unattended containers placed for the donation of recyclable materials;
c. 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.
2 . "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:
a. 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.
b . A heavy processing facility is any processing facility other than a light processing
facility.
Ordinance No. 16-2149
Page 18
"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 pursu·ant 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.
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.
Ordinance No. 16-2149
Page 19
"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.
"Second dwelling unit" means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as
the single-family dwelling is situated.
"Senior citizens" means:
1. Persons at least sixty-two years of age; or
2 . Persons at least fifty-five years of age or otherwise qualified to reside in a senior citizen
housing development, in accordance with State and federal law.
"Senior citizen housing development" means a housing development with at least thirty-five
dwelling units as defined in the Civil Code Section 51.3, or a mobilehome park that limits
residency based on age requirements for housing for older persons pursuant to Section 798.76
or 799.5 of the Civil Code, as may be amended.
"Setback line" means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-of-way
or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established
to govern the location of buildings, structures or uses. Where no minimum front, side or rear
yards are specified, the setback line shall be coterminous with the corresponding lot line.
Ordinance No. 16-2149
Page 20
Setback Area, Required. "Required setback area" means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line
and the setback line on the same parcel.
1. Setback Area, Required Front Yard. "Required front-yard setback area" means the setback
area extending across the front of a lot between the front lot line and the setback line. Front
yards shall be measured either by a line at right angles to the front lot line, or by a radial
line in the case of a curved front lot line, except flag lots which is the area extending across
the full extent of the buildable portion of the flag lot measured from the property line which
is parallel to and nearest the street line and at which point the lot width equals a minimum
of sixty feet. The Director of Community Development shall have the discretion to modify
the provisions of this definition when it improves the design relationship of the proposed
buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. "Required rear-yard setback area" means the area
extending across the full width of the lot between the rear lot line and the nearest line or
point of the main building.
3. Setback Area, Required Side Yard. "Required side-yard setback area" means the area
between the side lot line and the nearest line of a building, and extending from the front
setback line to the rear setback line.
"Shopping center" means a group of commercial establishments, planned, developed, owned
or managed as a unit, with off-street parking provided on the parcel.
"Shopping center," for purposes of the Sign Ordinance, means a retail entity encompassing
three or more tenants within a single building or group of buildings, but within which
individual business located in defined tenant spaces are owned and managed separately from
the shopping center management.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail 7-
6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at
Driveway)
"Sign" means any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose
of a person or entity, to communicate information of any kind to the public.
1. "Animated sign" means any sign which projects action, motion or the illusion thereof,
changes intensity of illumination or changes colors, including the likes of balloons, banners
and flags, and blowing or air-powered attractions, but excluding electronic readerboard
signs and signs that display the current time or temperature.
Ordinance No. 16-2149
Page 21
2. "Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or
sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of
the sign in a plane perpendicular to the plane of the building wall.
3. "Development Identification Sign" means a ground sign at the major entry to a residential
development with twenty units or more meant to identify the name and address of the
development.
4. "Directional sign" means any sign which primarily displays directions to a particular area,
location or site.
5. "Directory sign" means any outdoor listing of occupants of a building or group of
buildings.
6. "Electronic readerboard sign" means an electronic sign intended for a periodically-
changing advertising message.
7. "Freeway oriented sign" means any sign which is located within six hundred sixty feet and
visible from a freeway right-of-way as defined by Section 5200 of the California Business
and Professions Code.
8. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined
in Chapter 5.16 of the Cupertino Municipal Code.
9. "Ground sign" means any sign permanently affixed to the ground and not supported by a
building structure. The height of the sign shall be measured from the grade of the adjoining
closest sidewalk to the top of the sign including trim.
10. "Identification sign" means any sign whose sole purpose is to display the name of the site
and the names of the occupants, their products or their services.
11. "Illegal sign" means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the time
of the erection of the sign or advertising statuary or which was not installed with a valid
permit from the City.
12. "Illuminated sign" means any sign utilizing an artificial source of light to enhance its
visibility.
13 . "Informational sign" means any sign which promotes no products or services, but displays
service or general information to the public, including the likes of hours of operation, rest
room identifications and hazardous warnings.
14. "Landmark sign" means an existing, legal non-conforming ground sign that has a
distinctive architectural style.
Ordinance No. 16-2149
Page 22
15. "Nonconforming sign" means any sign or advertising statuary that was legally erected and
had obtained a valid permit in conformance with the ordinance in effect at the time of the
erection of the sign but which became nonconforming due to the adoption of the ordinance
codified in this title.
16. "Obsolete sign" means any sign that displays incorrect or misleading information,
promotes products or services no longer available at that site or identifies departed
occupants.
17. "Off-site sign" means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster panels,
painted bulletins and other similar advertising displays.
18. "On-site sign" means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which the
sign is maintained.
19. "Political sign" means a temporary sign that encourages a particular vote in a scheduled
election and is posted prior to the scheduled election.
20. "Portable Sign or Display" means any outdoor sign or display not permanently attached to
the ground or a structure on the premises it is intended to occupy and displayed only
during business hours. Portable sign or display includes A-frames, flower carts, statues,
and other similar devices used for advertising as determined by the Director.
21. "Project announcement sign" means any temporary sign that displays information
pertinent to a current or future site of construction, including the likes of the project name,
developers, owners and operators, completion dates, availability and occupants.
22. "Projecting sign" means any sign other than a wall sign that is attached to and projects from
a structure or building face or wall.
23. "Real estate sign" means a temporary sign indicating that a particular premises is for sale,
lease or rent.
24. "Roof sign" means a sign erected between the lowest and highest points of a roof.
25. "Street address sign" means any sign that displays only the street address number(s) of the
site and, at the option of the property owner, the street name.
26 . "Temporary Sign" means any sign, display, banner or promotional device which is
designed or intended to be displayed only during the allowable business hours or for short
periods of time as specified by the Director of Community Development.
Ordinance No. 16-2149
Page 23
27. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical
faces, with one common edge and which appears as the letter V when viewed directly from
above.
28. "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in
the case of motor vehicles, "operable" shall be defined as having a valid license plate.
29. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a
building, a canopy structure, or the exterior wall of a building with the exposed face of the
sign parallel to the wall.
30. "Window sign" means any sign that is intended to be read from outside of the structure or
painted on a window facing a public street, parking lot, pedestrian plaza or walkway
accessible to the public.
"Sign Area" for an individually lettered sign without a background, is measured by enclosing
the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for
examples of sign area calculation)
The sign area for a sign with borders and/or background is measured by enclosing the exterior
limits of the border or background with a single continuous perimeter. The necessary
supports, uprights, and/ or the base on which such sign is placed, shall be excluded from the
sign area.
When a sign is separated by thirty-six inches or more, the area of each part may be computed
separately.
"Single-family use" means the use of a parcel for only one dwelling unit.
"Specialty food stores" means uses such as bakeries, donut shops, ice cream stores, produce
markets and meat markets, or similar establishments where food is prepared and/or sold
primarily for consumption off the premises.
"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.
Ordinance No. 16-2149
Page 24
"Special needs housing," for purposes of Chapter 19.56, Density Bonus, means any housing,
including supportive housing, intended to benefit, in whole or in part, persons identified as
having special needs relating to mental health; physical disabilities; developmental disabilities,
including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and
risk of homelessness, and housing intended to meet the housing needs of persons eligible for
mental health services funded in whole or in part by the Mental Health Services Fund, as set
forth in Government Code Section 65915(p)(3)(C), as may be amended.
"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.
"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.
Ordinance No. 16-2149
Page 25
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 Government Code Section 65582(f), 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:
[NO CHANGE]
U. "U" Definitions:
"Unobstructed Access," for purposes of Chapter 19.56, Density Bonus, means access to a
location if a resident is able to access .the location without encountering natural or constructed
impediments, as set forth in Government Code Section 65915(p)(2), as may be amended.
"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.
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.
Ordinance No. 16-2149
Page 26
5. "Principal use" means a use which fulfills a pnmary 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
ex tended 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
of usable rear yard area.
V. "V" Definitions:
[NO CHANGE]
W. "W" Definitions:
None.
X. "X" Definitions:
None.
Y. "Y" Definitions:
[NO CHANGE]
Z "Z" Definitions:
None.
SECTION 4. Section 19.12 .080 of Chapter 19.12 of Title 19 of the Cupertino Municipal
Code is hereby amended to read as follows: Error! Reference source not found.
SECTION 5. Section 19.12.180 of Chapter 19.12 of Title 19 of the Cupertino Municipal
Code is hereby amended to read as follows:
19.12.180 Expiration, Extension, Violation and Revocation.
A . Expiration.
1. Approval on a permit or variance shall become null and void and of no effect, within
the time frame specified in Section 19.12.030 following its issuance, unless a shorter or
longer time period is specifically prescribed in the conditions of permit or variance,
unless:
a. A building permit is filed and accepted by the City (fees paid and control number
issued.) In the event that a building permit expires for any reason, the permit shall
become null and void.
Ordinance No. 16-2149
P age 27
b. The permit or variance has been used. A permit or variance shall be deemed to be
"used" when actual substantial and continuous activity has taken place upon the
land subject to the permit or variance or, in the event of the erection or modification
of a structure or structures, when sufficient building activity has occurred and
continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use
permit was granted and utilized has ceased or has been suspended for one year or more,
the permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it
shall continue to exist for the life of the existing structure or such structure as may be
constructed pursuant to the approval unless a different time period is specified in its
issuance. A variance or exception from the parking and loading regulations, and a sign
exception shall be valid only during the period of continuous operations of the use
and/or structure for which the variance or exception was issued.
B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval
Authority, be extended, one-time only, for the time frame specified in Section 19.12.030,
upon timely submittal of an application with the Director of Community Development
prior to expiration.
C. Violation. Once a permit or variance is effective, any and all conditions of approval
imposed shall become operative, and the violation of any of them shall constitute a
violation of this Code.
D. Revocation
1. Process. In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a permit or variance have not been implemented, or
where the permit or variance is being conducted in a manner detrimental to the public
health, safety, and welfare, the Director shall set a date for a public hearing before the
Approval Body that granted the original permit or variance, and notice a public hearing
in accordance with Section 19.12.110, Noticing, of this code.
2. Findings: A permit may be revoked or modified if any one of the following findings can
be made:
i. That the permit was obtained by misrepresentation or fraud;
Ordinance No. 16-2149
Page 28
ii. That the improvement, use or activity authorized in compliance with the permit
had ceased or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met; or
iv. That the owner or occupant of the property is conducting the use or any associated
or other use of the property in violation of the law.
v. In the case of revocation of a sign permit, the sign was abandoned for a period of
thirty days.
SECTION 6. Section 19.28.120 of Chapter 19.28 of Title 19 of the Cupertino Municipal
Code is hereby amended to read as follows:
19.28.120 Landscape Requirements.
To mitigate privacy impacts and the visual mass and bulk of new two-story
homes and additions, tree and/or shrub planting is required. The intent of this
section is to provide substantial screening within three years of planting.
A. Applicability. These requirements shall apply to new two-story homes,
second-story decks, two-story additions, modifications to the existing
second-story decks and/or new windows on existing two-story homes that
increase privacy impacts on neighboring residents.
1. These requirements shall not apply to:
a. Skylightsi
b. Windows with sills more than five feet above the finished second floori
c. Obscured,non-openablewindowsi
d. Windows with permanent exterior louvers to a height of five feet above the
second floori
e. Non-operable windows with obscure glass to a height of fiv e feet above
the second floori and
f. When waivers have been obtained by all affected property owners
Ordinance No. 16-2149
Page 29
B . Planting Plan. Proposals for a new two-story homes, second-story decks,
two-story additions, modifications to the existing second-story decks, and/or
new windows on existing two-story homes shall be accompanied by a planting
plan which identifies the location, species and canopy diameter of existing and
proposed trees or shrubs to meet the requirements in Section 19 .28.120(C) below.
C . Planting Requirements.
1. Front yard tree planting.
a. The tree shall be twenty-four-inch box or larger, with a minimum height of
six feet.
b. The tree shall be planted in front of new second stories in the front yard
setback area.
i. In the Rl -a zone, the tree shall be placed to where views from
second story windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard
tree based on a report from an internationally-certified arborist citing conflict
with existing mature tree canopies onsite or in the public right-of-way.
2. Privacyplanting.
a. New trees and/or shrubs are required on the applicant's property in
an area bounded by a thirty-degree angle on each side window jamb.
i. The following is i:equired for all side and rear yard-facing second
story windows in the Rl-6e zone:
• Cover windows with exterior louvers to a height of five feet
above the second floori or
• Obscure glass to a height of five feet above the second floori
or
• Have a window sill height of five feet minimum above the
finished second floor.
b. The Planning Division shall maintain a list of allowed privacy
planting trees and shrubs. The list includes allowed plant species, minimum
size of trees and shrubs, expected canopy or spread size, and planting
Ordinance No. 16-2149
Page 30
distance between trees.
i. In the Rl -a zone, the minimum height of privacy trees at the time
of planting shall be twelve feet.
ii . In the Rl-a zone, privacy planting shall have a minimum setback
from the property line equivalent to one-quarter of the spread noted on the
City list.
c. The trees and/or shrubs shall be planted prior to issuance of a final
occupancy permit.
3. Waivers.
a. New trees and/or shrubs are not required to replace existing front or
privacy trees or shrubs if an Internationally Certified Arborist or Licensed
Landscape Architect verifies that the existing trees/shrubs have the
characteristics of privacy planting species, subject to approval by the Director or
Community Development.
b. Affected property owner(s) may choose to allow privacy planting on
their own property. In such cases, the applicant must plant the privacy screening
prior to issuance of a building permit.
c. The privacy mitigation measures may be modified in any way
with a signed waiver statement from the affected property owner.
Modifications can include changes to the number of shrubs or trees, their
species or location.
• 4. Covenant. The property owner shall record a covenant with the Santa
Clara County Recorder's Office that requires the retention of all privacy
planting, or use of existing vegetation as privacy planting, and required front
yard trees, prior to receiving a final building inspection from the Building
Division. This regulation does not apply to situations described in subsection
(C)(3)(b) of this section.
5. Maintenance. The required plants shall be maintained. Landscape
planting maintenance includes irrigation, fertilization and pruning as
necessary to yield a growth rate expected for a particular species.
6. Replacement. Where required planting is removed or dies it must be
replaced within thirty days with privacy tree(s) of similar size as the tree(s)
being replaced, unless it is determined to be infeasible by the Director of
Community Development.
Ordinance No. 16-2149
Page 31
SECTION 7. Section 19.32.010 of Chapter 19 .32 of Title 19 of the Cupertino Municipal
Code is hereby amended to read as follows:
19.32.010 Purpose.
The residential duplex zoning district is intended to allow a second dwelling unit under the same
ownership as the initial dwelling unit. The residential duplex district is intended to increase the variety
of housing opportunities within the community while maintaining the existing neighborhood
character.
SECTION 8. Chapter 19.56 of Title 19 of the Cupertino Municipal Code entitled "Density
Bonus" is hereby repealed and replaced with Chapter 19.56 to be numbered and entitled and
to read as set forth in Attachment "I".
SECTION 9. Chapter 19.104 of Title 19 of the Cupertino Municipal Code is hereby amended
by adding Section 19.104.205 to be numbered and entitled and to read as follows:
19.104.205 Message substitution
A. Subject to the private property owner's consent, a constitutionally protected
noncommercial message of any category or content may be substituted, in whole or in
part, for any allowed commercial message or any other protected noncommercial
message, provided that the sign structure or mounting device is legal without
consideration of message content. Such substitution of message may be made without any
additional approval or permitting. The purpose of this provision is to prevent any
favoring of commercial speech over non-commercial speech, or favoring of any particular
protected noncommercial message over any other protected noncommercial message.
Message substitution is a continuing right which may be exercised any number of times.
B. The message substitution right does not:
1. Create a right to increase the total amount of sign display area on a site or parcel;
2. Create a right to substitute an off-site commercial message in place of an onsite
commercial message or in place of a noncommercial message;
3. Affect the requirement that a sign structure or mounting device must be properly
permitted;
Ordinance No . 16-2149
Page 32
4. Authorize changing the physical method of image presentation (such as digital or
neon) display without a permit; or
5. Authorize a physical change to the sign structure without compliance with applicable
building codes, safety codes, and neutrally-applicable rules for sign size, height,
orientation, setback, separation or illumination.
SECTION 10: 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.
SECTION 11: Effective Date . This Ordinance shall take effect thirty days after adoption
as provided by Government Code Section 36937.
SECTION 12: Certification.
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 Section 36933, a
summary of this Ordinance may be published and posted in lieu of publication and posting of
the entire text.
SECTION 13: Continuity.
To the extent the provisions 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
4th of October 2016 by the following vote:
AYES:
NOES :
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
Ordinance No. 16-2149
Page 33
ABSENT:
ABSTAIN:
ATTEST:
None
None
~.u. >dv.fr
Grace Schmidt, City Clerk
APPROVED:
CHAPTER 19.56: DENSITY BONUS
Purpose
Eligibility for Density Bonus
Density Bonus.
Attachment I
19.56.010
19.56.020
19.56.030
19.56 .040
19.56.050
19.56.060
19.56.070
Incentives or Concessions, Waivers and Reduction of Parking Standards.
General Requirements.
Application Requirements.
Findings.
19.56.010 Purpose.
The density bonus ordinance codified in this chapter is intended to comply with the State
Density Bonus Law, Government Code Section 65915, which provides that a local agency
shall adopt an ordinance specifying how the agency will comply with that section.
19.56.020 Eligibility for Density Bonus.
A. Housing developments resulting in a net increase of at least five units (excluding
density bonus units) are eligible for a density bonus as provided in this chapter, when
the applicant for the housing development agrees or proposes at least one of the
following and meets the requirements of Section 19.56.020C, if applicable:
1. Construct:
a . Ten percent of the total units affordable to lower income households at
affordable rent or affordable housing cost; or
b. Five percent of the total units affordable to very low income households at
affordable rent or affordable housing cost; or
c. Ten percent of the total units proposed in a common interest development for
sale to moderate income households, provided that all units in the development
are offered to the public for purchase; or
d. A senior citizen housing development.
2 . Donate land in accordance with Section 19.56.030C;
3. Provide affordable housing in a condominium conversion project in accordance
with Section 19.56.030E .
B. In addition to meeting the requirements of 19.56.020A, a housing development which
includes a child care facility in accordance with Section 19.56.030D, is entitled to an
additional density bonus;
C. Housing developments on sites occupied by rental housing in the five-year period
preceding the date of submittal of a density bonus application must either meet or
provide: (1) affordable units in accordance with Section 19.56.020A; or (2) replacement
affordable units in accordance with Government Code Section 65915(c)(3)(B),
whichever requires a greater number of affordable units.
D. An applicant may also submit a proposal for specific incentives or concessions to be
granted in conjunction with the density bonus, as provided in Section 19.56.040;
E. The granting of a density bonus, incentive or concession, in and of itself, shall not
require a general plan amendment, zone change, or other discretionary approval and
shall be reviewed concurrently with the review of the housing development.
19.56.030 Density Bonus
A. Housing developments that meet the criteria in Section 19 .56 .020A(l) and Section
19.56.020C, if applicable, are eligible for a maximum density bonus as set forth in
Table 19.56.030.
Table 19.56.030: Density Bonus Calculations
Percentage of Affordable Density Bonus Percentage by Income Category
Units Provided in Income Very Low Low Income Moderate
Category Income Units Units Income Units
5 % 20 % --
6% 22.5 % --
7% 25 % --
8% 27.5 % --
9% 30 % --
10 % 32.5 % 20 % 5%
11 % 35 % 22 % 6%
12 % 35 % 23 % 7%
13 % 35 % 25 % 8%
14% 35 % 26 % 9%
15 % 35 % 28 % 10 %
16 % 35% 29 % 11 %
17% 35% 31 % 12 %
Percentage of Affordable Density Bonus Percentage by Income Category
Units Provided in Income Very Low Low Income Moderate
Category Income Units Units Income Units
18% 35% 32% 13%
19% 35% 34% 14%
20% 35% 35% 15%
21% 35% 35% 16%
22% 35% 35% 17%
23% 35% 35% 18%
24% 35% 35% 19%
25% 35% 35% 20%
26% 35% 35% 21%
27% 35% 35% 22%
28% 35% 35% 23%
29% 35% 35% 24%
30% 35% 35% 25%
31% 35% 35% 26%
32% 35% 35% 27%
33% 35% 35% 28%
34% 35% 35% 29%
35% 35% 35% 30%
36% 35% 35% 31%
37% 35% 35% 32%
38% 35% 35% 33%
39% 35% 35% 34%
40% 35% 35% 35%
B. Senior housing developments are entitled to a maximum density bonus of 20 percent
provided the development comprises of at least 35 units, conforms to Civil Code
Section 51.3 and the units are reserved for qualifying residents. The development does
not have to provide affordable units unless subject to Section 19.56.020C.
C. Donation of Land:
1. When an applicant donates land to the City or to a housing developer approved by
the City in accordance with the requirements of Section 19.56.030C(2) and meets
the requirements of Section 19.56.020C, the development shall be entitled to a 15
percent density bonus. The development is entitled to an additional one percent
density bonus for the donation of land that would allow the development of an
additional one percent of affordable units above the minimum requirements in
Section 19.56.020A(l), up to a maximum of 35 percent.
2. The donation of land must meet the following requirements:
a. The land shall be donated and transferred no later than the date of approval of
the housing development, final subdivision map, parcel map, or building
permit, whichever occurs first.
b . The developable acreage and zoning classification of the land being transferred
are sufficient to permit construction of units affordable to very low income
households in an amount not less than ten percent of the number of residential
units of the proposed development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate General Plan designation,
is appropriately zoned with appropriate development standards for
development at the density described in Government Code Section
65583.2(c)(3), and is or will be served at the time of construction, by adequate
public facilities and infrastructure.
d. The transferred land shall have all of the permits and approvals, other than
building permits, necessary for the development of the very low income
housing units on the transferred land no later than the date of approval of the
final subdivision map, parcel map, or building permit, whichever occurs first,
except that the City may subject the proposed development to subsequent
design review to the extent authorized by Government Code Section 65583.2(i)
if the design is not reviewed by the City prior to the time of transfer.
e. The land shall be transferred to the City or to a housing developer approved by
the City. The City may require the applicant to identify and transfer the land to
the developer.
f. The transferred land shall be within the boundary of the proposed development
or, if the City agrees, within one-quarter mile of the boundary of the proposed
development.
g. A proposed source of funding for the very low income units shall be identified
not later than the date of approval of the proposed housing development.
h. The transferred land and the affordable units shall be subject to a deed
restriction ensuring continued affordability of the units consistent with Section
19.56.050A, such deed restriction shall be recorded at the time of transfer.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed that contains affordable housing, as
provided in Section 19.56.030A and Section 19.56.030C, and includes a child day
care facility that will be located on the premises of, as part of, or adjacent to, the
project, the City shall grant either of the following if requested by the developer:
a. An additional density bonus in residential square footage that is equal to or
greater than the square footage of the child day care facility.
b. An additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the child day care facility in
accordance with Section 19.56.040.
2. The City shall also require that as a condition of approving the housing
development:
a. The child day care facility shall remain in operation for a period of time that is
as long as or longer than the period of time during which the affordable units
are required to remain affordable.
b. Of the children who attend the child day care facility, the children of very low
income households, lower income households, or families of moderate income
shall equal a percentage that is equal to or greater than the percentage of
dwelling units that are required for very low income households, lower income
households, or families of moderate income.
3. Notwithstanding any requirement of Section 19.56.030D, the City shall not be
required to provide a density bonus or concession for a child day care facility if the
City finds, based upon substantial evidence, that the City has adequate child day
care facilities.
E. Condominium Conversions
1. When an applicant fo r a pproval of a condominium conversion agrees to provide at
least 33 percent of the total units of the proposed condominium project to low or
moderate income households, or 15 percent of the total units of the proposed
condominium project to lower income households; to include the affordable units
required by Section 19.56.020C, if applicable, and agrees to pay for the reasonably
necessary administrative costs incurred by the City, the City shall either:
a. Grant a density bonus of 25 percent over the number of apartments to be
provided within the existing structure or structures proposed for conversion;
or
b. Provide other incentives of equivalent financial value. This shall not require
the City to provide cash transfer payments or other monetary compensation
but may include the reduction or waiver of requirements that the City might
otherwise apply as conditions of conversion approval.
2. The City may place such reasonable conditions on the granting of a density bonus
or other incentives of equivalent financial value as the City finds appropriate. The
proposed lower or moderate income units shall be subject to a deed restriction
ensuring continued affordability to lower or moderate income households
consistent with Section 19.56.050A .
3. An application shall be ineligible for a density bonus or other incentives under this
section, if the apartments proposed for conversion constitute a housing
development for which a density bonus or other incentives were previously
provided under Government Code Section 65915 or this Chapter.
4. Nothing in this section shall be construed to require the City to approve a proposal
for a condominium conversion. Condominium conversions are subject to the
requirements of Chapter 19.116.
F. Density Bonus Calculations:
1. A density bonus may be selected from only one category listed in Section
19 .56 .020A(l), except that density bonuses for land donation may be combined with
others, up to a maximum of 35 percent, and an additional square-foot bonus may
be granted for a child day care facility as provided in Section 19.56.030C.
2. In determining the number of density bonus units to be granted, any fractions of
density bonus units shall be rounded up to the next whole number.
3 . Density bonus units authorized by this section shall not be included when
determining the number of affordable units, required to qualify for the density
bonus. In determining the number of affordable units required to qualify for a
density bonus, any fractions of affordable units shall be rounded up to the next
whole number.
4. An applicant may request a lower density bonus than the housing development is
entitled to, but no reduction will be permitted in the percentage of required
affordable units as shown in Section 19.56.020 or Section 19.56.020C.
5. Regardless of the affordable units, no housing development will be entitled to a
density bonus of more than 35 percent, unless approved by the City pursuant to
Section 19.56.030F(6).
6. The City, at its discretion, may grant a density bonus higher than the maximum set
forth in Table 19.56.030 to a housing development where all units (except
manager's unit(s)) are affordable to lower income households.
7. For purposes of calculating a density bonus, the residential units do not have to be
based upon individual subdivision maps or parcels. The bonus units shall be
permitted in geographic areas of the housing development other than the areas
where the affordable units are located.
19.56.040 Incentives or Concessions, Waivers and Reduction of Parking Standards.
A. Incentives or Concessions:
1. A housing development is eligible for incentives or concessions as shown in Table
19.56.040A. Incentives or concessions must be selected from only one category
(very low, low, or moderate). No incentives or concessions are available for land
donation or for a senior citizen housing development that is not affordable.
Condominium conversions and day care centers may have one incentive or
concession, or a density bonus, at the City's option, but not both.
Table 19.56.040A: Incentives or Concessions Calculations:
Percent of Number of
Unit Type Incentives/Concessio Affordable Units ns
5% or greater 1
Very Low Income 10% or greater 2 Units
15% or greater 3
10% or greater 1
Low Income Units 20% or greater 2
30% or greater 3
10% or greater 1
Moderate Income 20% or greater 2 Units
30% or greater 3
2. For purposes of this chapter, permissible incentives or concessions include, but are
not limited to:
a. A reduction of development standards or a modification of zoning code
requirements or architectural design requirements that exceed the minimum
building standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code, including but not limited to, a
reduction in setback requirements, square footage or parking requirements,
such that the reduction or modification results in identifiable, financially
sufficient, and actual cost reductions.
b. Approval of mixed-use zoning in conjunction with the housing development
if commercial, office, industrial or other land uses will reduce the cost of the
housing development, and if the commercial, office, industrial or other land
uses are compatible with the housing development and the existing or planned
development in the area where the proposed housing development will be
located;
c. Other regulatory incentives or concessions proposed by the developer or the
City, which result in identifiable, financially sufficient, and actual cost
reductions.
3. Nothing in this section requires the provision of direct financial incentives for the
housing development, including but not limited to the provision of financial
subsidies, publicly owned land by the City or the waiver of fees or dedication
requirements. The City, at its sole discretion, may choose to provide such direct
financial incentives;
4. A housing development which requests incentives or concessions must
demonstrate, in compliance with Section 19.56.060B, that the requested incentives
or concessions are required to provide for affordable rents or affordable housing
costs, as applicable.
B. Waivers:
1. An applicant may submit to the City a proposal for the waiver or reduction of
development standards that will have the effect of physically precluding the
construction of a housing development meeting the criteria outlined in Section
19.56.020 at the densities or with the concessions or incentives permitted under
this chapter.
2. A proposal for the waiver or reduction of development standards shall neither
reduce nor increase the number of incentives or concessions to which the applicant
is entitled to subject to Section 19.56.040A .
3. The applicant shall demonstrate that the development standards that are
requested to be waived will have the effect of physically precluding the
construction of the development with the density bonuses and incentives or
concessions.
C. Reduction of Parking Standards:
1. If a housing development is eligible for density bonus as provided in Section
19.56 .020, upon request of the applicant, the maximum off-street parking
standards that can be applied to the housing portion of the development, inclusive
of handicapped and guest parking are indicated in Table 19.56.040B . These may
include tandem and uncovered parking spaces but not on-street parking spaces.
Table 19.56.040B: Off-street parking standards for projects eligible for a density
bonus:
Number of bedrooms Maximum number of required off-street
parking spaces
0-1 One (1)
I Two (2)
Two and one-half (2.5)
2. For certain other housing developments that are eligible for a density bonus as
provided in Section 19.56.020, upon request of the applicant, the maximum off-
street parking standards that can be applied for the housing portion of the
development, inclusive of handicapped and guest parking, are indicated in Table
19.56.040C. These may include tandem and uncovered parking spaces but not on-
street parking spaces.
Table 19 56 040C Off-street parking standards for certain housmg developments:
Type of development
1. Rental or ownership housing development with:
a. At least 11 % very low income or 20% low income
units; and
b. Within one-half mile of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
2. Rental housing development with:
a. All units affordable to lower income households
except manager's unit(s); and
b. Within one-half mile of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
3. Rental housing development with:
a. All units affordable to lower income households
except manager's unit(s); and
b. A senior citizen housing development; and either
c. Has paratransit service; or
d. Is within one-half mile of fixed bus route service that
operates 8 times per day, with Unobstructed Access to
that service.
Maximum number
of required off-
street parking
spaces
0.5 per bedroom
0.5 per unit
0.5 per unit
Maximum number
Type o f develo pment o f required off-
street parking
spaces
4. Rental housing development with:
a. All units affordable to lower income households
except manager's unit(s); and
b . A Special Needs Housing development; and ei ther
0.3 per unit c. Has paratransit service; or
d . Is within one-half mile of fixed bus route service that
operates 8 times per day, with Unobstructed Access to
that service.
3 . If the City, at its cost, has conducted an area-wide or City-wide parking study in
the last seven years, then the City may find, based on substantial evidence, that a
higher parking ratio is required than shown in Table 19.56 .040C. In no event, may
the required parking be greater than the ratio shown in Table 19.56.040B . The
parking study must conform to the requirements of Government Code Section
65915(p)(7).
19.56.050 General Requirements.
A. Affordable rental low and very low income units must remain affordable to low or
very low income households, as applicable, for fifty -five (55) years or for a longer
period of time if required by a construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program. Affordable for -sale
moderate income units must remain affordable to moderate-income households for
the duration required by Chapter 19 .172, Below Market Rate Housing Program and
implementing procedures and policies adopted by the City Council, or for a longer
period of time if required by a construction or mortgage financing assistance program,
mor tgage insurance program, or subsidy program. Sales price for for -sale affordable
very low, low, and moderate income units shall be set at affordable housing cost.
Rents for affordable low and very low income rental units shall be set at an affordable
level.
B. The affordable dwelling units and land dedication that qualify a housing
development for a density bonus may also be used to meet the below-market-rate
housing provisions of the City's Residential Housing Mitigation Program, provided
that the affordable units and land dedication comply with the requirements of both
Chapter 19.56, Density Bonus, Chapter 19.172, Below Market Rate Housing Program;
and implementing procedures and policies adopted by the City Council regarding the
required number of affordable units, required level of affordability, and term of
affordability so as to provide the greatest affordability to the most households for the
longest term.
C. Unless otherwise governed by other funding sources, to the extent consistent with fair
housing laws, preferences for the affordable units will be given as specified in Chapter
19.172, Below Market Rate Housing Program, and implementing procedures and
policies adopted by the City Council.
D. An agreement shall be entered into between the developer and the City to ensure
compliance with the provisions of this chapter and state law and shall include,
without limitation the household type, number, location, size, affordability, and
construction scheduling of all affordable units, and such information as shall be
required by the City for the purpose of determining the developer's compliance with
this chapter. For rental affordable very low and low income units, the agreement shall
additionally contain, without limitation, provisions for certification of tenant incomes,
reporting and monitoring of affordable units, and management and maintenance of
affordable units.
E. The agreement shall be recorded against the housing development prior to final or
parcel map approval, or, prior to issuance of any building permits, whichever occurs
first, and shall be binding on all future owners and successors in interest.
F. Affordable units in a project and phases of a project shall be constructed concurrently
with or prior to the construction of market-rate units.
G. Affordable units shall be provided as follows:
1. Affordable units shall be dispersed throughout the project;
2. Affordable units shall be identical with the design of any market rate rental units
in the project with the exception that a reduction of interior amenities for affordable
units will be permitted upon prior approval by the City Council as necessary to
retain project affordability.
H. Prior to the rental or sale of any affordable unit, the City or its designee, shall verify
the eligibility of the prospective tenant or buyer. All affordable units shall be occupied
by the household type that qualified the housing development for the density bonus
and incentives or concessions.
I. The City may establish fees for processing applications under this chapter and
recovery of costs associated with the establishment and monitoring of affordable
units.
19.56.060 Application Requirements.
A. An applicant may submit a preliminary proposal for housing development for a
density bonus and incentives or concessions prior to the submittal of any formal
application.
B. All requests pursuant to this Chapter shall be submitted to the City concurrently with
the application for the first discretionary permit or other permit required for the
housing development and shall be processed concurrently with the discretionary
application following the review process as set forth for permits in Chapter 19.12,
Administration, of the Cupertino Municipal Code established by the City. The
applicant shall provide additional information as specified in this chapter,
specifically:
1. A summary table showing the maximum number of units permitted by the zoning
and general plan excluding any density bonus units, proposed affordable units by
income level, proposed bonus percentage, proposed number of density bonus
units, and total number of proposed dwelling units on site;;
2. A site plan, drawn to scale, showing the number and location of all proposed
units, designating the location of proposed affordable units and density bonus
units and the type, size, and construction scheduling of affordable and market-
rate units;
3. For a housing development that replaces rental housing on a site within the five-
year period preceding the date of an application:
a. A description and documentation of all dwelling units existing on the site in
the five-year period preceding the date of submittal of the application and
identification of any units rented in the five-year period. If dwelling units on
the site are rented as of the date of application, income and household size of
all residents of the occupied units. If any dwelling units on the site were rented
in the five-year period but are not currently rented, the income and household
size, if known, of residents occupying dwelling units when the site contained
the maximum number of dwelling units; and
b . Documentation of recorded covenant, ordinance, or law applicable to the site
that restricted rents to levels affordable to very low or lower income
households in the five-year period preceding the date of submittal of the
application.
4. If a density bonus is requested for a land donation, the location of the land to be
dedicated, proof of site control, and evidence that each of the requirements
included in Section 19.56.030C can be met.
5. If a density bonus or incentive or concession is requested for a child care facility,
evidence that all of the requirements in Section 19.56.030D can be met.
6. If a density bonus or incentive or concession is requested for a condominium
conversion, evidence that all of the requirements in Section 19.56.030E can be met.
7. A written statement specifying the various incentives or concessions, waivers and
reduction in off-street parking standards requested;
8. To ensure that each incentive or concession contributes significantly to the
economic feasibility of the proposed affordable housing, for any incentive(s) or
concession(s) requested, the following shall be submitted:
a . A project financial report (which may be in the form of a pro forma)
demonstrating that the requested incentive(s) or concession(s) will result in
identifiable, financially sufficient, and actual cost reductions to the housing
development and that they are required to provide for affordable rents or
affordable housing costs, as applicable. The financial report shall include the
capital costs, operating expenses, return on investment, loan-to-value ratio and
the debt coverage ratio including the contribution(s) provided by any
applicable subsidy program(s);
b. An appraisal report indicating the value of the density bonus and of the
incentive(s) or concession(s); and
c. A use of funds statement identifying the financial gaps for the housing
development with the affordable housing units . The analysis shall show
how the funding gap relates to the incentive(s) or concession(s); and
d. A deposit to cover any expenses that the City expects to incur in retaining
consultant(s) and in administering consultant contract(s) to provide a peer
review of the above information. However, if the applicant is a federally
recognized nonprofit organization proposing a housing development
where all units (except manager's unit(s)) are affordable to lower income
households, the cost of consultant(s) may be paid by the City upon prior
approval of the City Council;
9. For any requested waiver of a development standard, plans showing the existing
development standard, the requested waiver and a demonstration that the
development standard for which the waiver is requested will have the effect of
physically precluding the construction of the housing development with the
density bonus and incentives or concessions that the applicant is entitled to.
10. If a mixed use building or project is proposed as an incentive or concession,
evidence that non-residential land uses will reduce the cost of the housing
development and that the non-residential land uses are compatible with the
development and the existing or planned development in the area.
11. If a parking reduction is proposed, a table showing parking otherwise required by
the zoning ordinance and the proposed parking. If a parking reduction shown in
Table 19.56 .040C is requested, evidence that the housing development is eligible
for the requested parking reduction.
12. Any other information requested by the Director of Community Development to
determine if the required findings can be made.
19.56.070 Findings.
A. Before approving an application that includes a request for a density bonus, incentive
or concession, waiver or reduction in parking standards, pursuant to this chapter, the
decision-making body shall determine that the proposal is consistent with State Law
by making the following findings, as applicable:
1. That the housing development is eligible for the density bonus requested and any
incentives or concessions, waivers or reductions in parking standards requested.
2. That all the requirements included in Section 19.56.030C have been met, if the
density bonus is based all or in part on donation of land.
3. That all the requirements included in Section 19.56.030D have been met, if the
density bonus 6r incentive(s) or concession(s) are based all or in part on the
inclusion of a child care facility.
4. That all the requirements included in Section 19.56.030E have been met, if the
density bonus or incentive or concession is based on a condominium conversion.
5 . That the requested incentive(s) or concession(s) will result in identifiable,
financially sufficient, and actual cost reductions based upon the financial analysis
and documentation provided by the applicant and the findings of the peer-
reviewer, if incentive(s) or concession(s) are requested (other than mixed use
development).
6. That the proposed non-residential land uses within the proposed development
will reduce the cost of the housing development and are compatible with the
housing development and the existing or planned development in the area where
the proposed development will be located, if an incentive or concession is
requested for mixed use development.
7 . That the development standard(s) for which the waiver(s) are requested would
have the effect of physically precluding the construction of the housing
development with the density bonus and incentives or concessions permitted, if a
waiver is requested .
8. That all the applicable requirements in Section 19.56.040C have been met, if a
reduction in off-street parking standards for an eligible housing development is
requested.
B. If the findings required by subsection (A) of this section, as applicable, can be made,
the decision-making body may deny an application for an incentive or concession or
waiver requested pursuant to Section 19.56.040 only if one of the following written
findings as applicable to each type of application, supported by substantial evidence:
1. That the incentive or concession, or waiver would have an adverse impact on real
property listed in the California Register of Historic Resources; or
2. That the incentive or concession, or waiver would have a specific, adverse impact
upon public health or safety or the physical environment, and there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact without
rendering the residential project unaffordable to low and moderate income
households. For the purpose of this subsection, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact, based on objective,
identified, written public health or safety standards, policies, or conditions as they
existed on the date that the application for the residential project was deemed
complete; or
3. That the incentive or concession, or waiver is contrary to state or federal law.
C. An application for an incentive or concession may also be denied if the decision-
making body makes the written finding, supported by substantial evidence, that the
requested incentive or concession is not required to provide for affordable housing
costs or affordable rents.
D . If the findings required by subsection A. of this section can be made, the decision-
making body may deny an application for a density bonus or incentive or concession
that is based on the provision of child care only if it makes a written finding, based on
substantial evidence, that the city already has adequate child care facilities
ST ATE 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. 16-2149, 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