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Reso 6816CI'T'Y OF C UP ERTINO 10300 Torre Avenue Cupertino, California 9 014 RESOLUTION NO.6816 OF THE PLANNING COMMISSION OF `][']ERIE CITY OF CUP ERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUP ERTINO AMENDING TITLE 19, CHAPTER 19.124 SECTION 19.124.030 "REGULATIONS FOR PARKING AND KEEPING VEHICLES IN VARIOUS ZONES" AND SECTION 19.124.040 "REGULATIONS FOR OFF-STREET PACKING", REGARDING LEGAL NON -CONFORMING SINGLE- FAMILY ING L1E- ]EA1 ILY GARAGES, AND MAKING STANDARDS FOR BICYCLE PARKING AND ]FACILITIES CONSISTENT WITH THE CITY OF CUP ER' INO 2016 BICYCLE TRANSPORTATION PLAN. The Planning g Comm .ssion recommends Council adopt the CaliforniaEnvironmental Quality Act (CEQA) determinations and exemptions and further approve the proposed Ordinance in substantially the form as shower in Exhibit "A"° attached ]hereto and entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C UP ER' INO AMENDING TITLE 19, CHAPTER 19.124 SECTION 19.1240030 ""REGULATIONS FOR PARKING AND KEEPING VEHICLES IN VARIOUS ZONES" AND SECTION 19.1240040 ""REGULATIONS FOR OFF-STREET PARKING" REGARDING LEGAL NON -CONFORMING SINGLE- FAMILY GARAGES, AND MAKING STANDARDS FOR BICYCLE PA[C]KING AND FACILITIES CONSISTENT WITH THE CITY OF ClUP E]C TINO 2016 BICYCLE PASSED AND ADOPTED this 9th day of August 2016, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Takahashi, Lee, Sun, Paulsen NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Vice Chair Gong ATTEST: Benjamin Fu Assist. Community Development Director APPROVED: Alan Takahashi Chair, Planning Commission EXHIBIT sero Deft Ordinance No. 16-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C P ERTINO AMENDING TITLE 19, CHAPTER 19.124 SECTION 119.124.030 "'REGULATIONS FOR PARKING AND KEEPING VEHICLES fN VARIOUS ZONES// AND SECTION 19.1124.040 ""REGULATIONS FOR OFF-STREET PARKING", REGARDING LEGAL NON -CONFORMING SINGLE-FAMILY GARAGES, AND MAKING STANDARDS FOR BICYCLE PARKING AND FACILITIES CONSISTENT WITH THE CITY ®1F C PERTINO 2016 BICYCLE TRANSPORTATION ]ALAN. 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 sections 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 seem with certainty to have no possibility of a significant effect on the environment. WHEREAS, the City Council is the decision-making body for this ordinance, and WHEREAS, the City Council before taking action on this Ordinance has reviewed the not a project determination and exemption, and using its independent judgment, determines the Ordinance to be not a project or exempt from CEQA as stated above; NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Fable 19.124.030A of Section 19.1124.30 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19a1124o030A - Regulations for Parking and Keeping Vehicles in Various Zones Front yard, Street side setback area or within 12 feet of a Vehicles may be placed, kept or parked in these 1, public right -®f -way in a rear areas subject to the restrictions below. ardarea Table 19.124.030A - Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) i. Residential zoning district requiring a lot size 1 <_ 10,000 square feet = four. Vehicles may be placed, kept or parked in these (Cont.) ii. Other residential zoning districts = six. areas subject to the restrictions below. iii. A greater number of vehicles may be approved by the City in conjunction with a i. All vehicles must be parked on a development permit. permanent impervious or semi -pervious iv. For purposes of counting vehicles, surface. vertically stacked components which belong a. Maximum Number of Vehicles together shall be counted as a single vehicle. E.g., a turf block, brick, cobbles, gravel or other like camper mounted on a pickup truck. materials that must allow for partial filtration of v. Horizontal groupings shall be counted as water and must prevent direct contact withsoil. d. twovehicles. iii. Impervious surfaces include concrete, Open vehicles containing trash or debris are b. Vehicle with trash or debris prohibited. infiltration of water. No portion of any vehicle may overhang any C. Overhang public right-of-way. Table 19.124.030A - Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) Front yard, Street side setback 1 area or within 12 feet of a Vehicles may be placed, kept or parked in these (Cont.) public right-of-way in a rear areas subject to the restrictions below. ardarea i. All vehicles must be parked on a permanent impervious or semi -pervious surface. ii. Semi -pervious surfaces include unit pavers, turf block, brick, cobbles, gravel or other like materials that must allow for partial filtration of water and must prevent direct contact withsoil. d. Parking pad materials iii. Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. i. Lots > 60 feet in width, maximum impervious area = 40% of front yard area. e. Front yard Impervious Area ii. Lots <_ 60 feet in width, maximum Limitation impervious area = 50% of front yard area. i. Vehicles must be either currently registered, where registration is required for legal operation and in good operating f. Registration/PNO required conditions or ii. Vehicles must have a planned non- operation permit on file with the Department of Motor Vehicles i. Lots <_ 150 feet in length, driveway Driveway width for detached width=10feet 9. garage or carport ii. Lots > 150 feet in length, driveway Table 190124.030A e Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) width=12feet Vehicles are permitted to be placed, kept or 3. In new residential development, driveways shall h. Driveway clearance have a minimum clearance of two feet from a A(4)(ii) ismet. building wall, fence, or property line. i. A maximum of two such vehicles are i. All vehicles parked in the front or street yard permitted to be placed, kept or parked outside a setback area must be parked perpendicular to the legal structure on a lot. 4. street, except on lots with circular driveways which ii. A maximum of one such vehicle can occupy conform to the provisions of this code. a required parking space inside a legal structure. ii. On lots with circular driveways which i. Shall consist an internal area conform to the provisions of this code, all vehicles i. Orientation of Parked Vehicles parked in the front or street side yard setback area feet by twenty feet each (a total of 20 feet by 20 feet) 5. are limited to less than twenty feet in length, unless and parked perpendicular to the street. ii. Shall provide unobstructed (i.e., by walls, The following vehicles are not permitted: appliances, etc.) between six inches from finished is Any commercial vehicle with a floor up to six feet from finished floor. manufacturer's gross vehicle weight rating of ten i. May continue nonconformity provided Commercial Vehicles with thousand pounds or more, that the square footage necessary to GTT > 10,000 pounds or ii. A total combination of motor truck, truck 1 ° more or oversize vehicles tractor and/or trailers that exceeds sixty feet in reserved from the allowable floor area length. ratio for a future garage upgrade. Vehicles may placed, kept or parked these areas, 2. Areas outside those in A(1) above provided a minimum clearance of three feet is maintained from any structure. Table 190124.030A e Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) Vehicles are permitted to be placed, kept or 3. ParkixtgwithinStructures parked in any legal structure, provided that A(4)(ii) ismet. i. A maximum of two such vehicles are permitted to be placed, kept or parked outside a legal structure on a lot. 4. Non -Self -Propelled Vehicles ii. A maximum of one such vehicle can occupy a required parking space inside a legal structure. i. Shall consist an internal area encompassing two parking spaces measuring ten feet by twenty feet each (a total of 20 feet by 20 feet) 5. ]Enclosed Garage Size and ii. Shall provide unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. i. May continue nonconformity provided that the square footage necessary to ]Legal Non -conforming accommodate a conforming garage be 6 Single -Family Dwelling reserved from the allowable floor area Garages ratio for a future garage upgrade. ii. A legal non -conforming parking facility SECTION 2. Table 19.124.040 (A) of Section 19.124.040 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19.124.040(A) may be structurally altered, improved, and/or enlarged in conformance with Stall other provisions of this code. No Parking Bicycle reduction in size is permitted. Dimensions Land Use Mobilehomes, excluding travel trailers, are not Ratio (2) Parking permitted within the residential zones of the City, 7. Mobilehomes except in a mobilehome park or as provided by R -1/R 4/DU (2 State law. No vehicle shall be used for living or sleeping 8. Living or Sleeping Quarters quarters, except as permitted below. 10 x 20 ea. Vehicles located in a mobilehome park and used Al/P open) consistent with any City regulations applicable a. Mobilehome park to mobilehome parks are permitted. 2.8/DU (2 Trailers, campers or recreational vehicles may be used by a bona fide guest of a City resident for a P Trailers, Campers or period not to exceed seventy-two hours where the b. Recreational Vehicles trailer, camper or recreational vehicle is located on + 0.8 open) the resident's property. SECTION 2. Table 19.124.040 (A) of Section 19.124.040 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19.124.040(A) Bicycle Stall Parking Bicycle Parking Dimensions Land Use Zones Ratio (2) Parking Class (4) (3) Residential R -1/R 4/DU (2 Single -Family HS/ garage+ 2 10 x 20 ea. Al/P open) Small Lot 2.8/DU (2 Single-family, P garage 10 x 20 ea. Townhouse + 0.8 open) 3/DU (11/2 Duplex R2 enclosed + 10 x 20 ea. 11/2 o en) High Density 1 space per 9.5 x 20 ea. Multiple -Family, 2 residential Class I R3/P 2/DU (1 covered units; and High Density + 1 open) 1 per ace s p p Class II Multiple Story Condominium 10 'Fable 19.1124o040(A) (Cont.) Bicycle residential Parking Bicycle Parking Stall ILandUse Zones Ratio Parking (4) Class units 1/5,000 sq.ft. Public/Quasi-]public/Agriculture ]private Recreation 1/4 seats + AFP1/employee Minimum Class Il 1/4 seats two s aces Gyrus, 1/56 sq. ft. 1/5,000 sq.ft. Class 11 +1/employee 2% of seats. purposes + Minimum Churches, Clubs, +1/special- Minimum Class 11 Lodges,Theaters �Q/CO purpose two Spaces 1Jru-Size vehicle 1/employee + 1/56 sq. ft. multipurpose room + S visitor 1 space per Class 11 spaces/school 5 students Schools and BA/BQ + 1/3 students Uni-size SchoolOfflces at senior H.S. or college level lea careCenters CG 1/6.5 students Uni-size Martial Arts, CG Dance/Art/Music Studios, Tutorial 1/4 students Services, plus 1/1 staff specialized at any given 1 space p Uni-size schools (doesnot time or 1/250 include adult CO whichever is students Class 11 tutorial schools more orservices) restrictive Agriculture A 2 garage + 2 10 x 20 ea. open 1/doctor Sanitariumsand +1/3 RestHomes BQ employees 1_Tni-size +1/6 beds 'Fable 19.1124o040(A) (Cont.) Bicycle Parking Bicycle Parking Stall ILandUse Zones Ratio Parking (4) Class Dimensions (3) 1/5,000 sq.ft. ]private Recreation 1/4 seats + AFP1/employee Minimum Class Il Uni-size two s aces Gyrus, 1/56 sq. ft. 1/5,000 sq.ft. Class 11 Auditoriums, purposes + Minimum floor area used 1/employee two spaces Skating Rinks for BA�BQ Uni-size seating without fixedseats Commercial 1/20,000 Motels/Hotels/ 1/unit sq.ft. CG 1/employee (2) Class II Uni-size Lodging (3) Minimum two spaces. 1/3 seats + Restaurant/Bar and 1/employee + 1/2,000 sq.ft. Nightclubs g CG 1/36 s ft. of q' Minimum two spaces Class II Uni-size dance floor 1/4 seats + 1/2,000 sq.ft. Restaurants without 1/employee + Minimum Separate Bar CG 1/36 sq. ft. of two spaces Class II Uni-size dance floor 1/3 seats + 1/2,000 sq.ft. Restaurant -Fast CG 1/employee Minimum Class II Uni-size Food twos aces 1/3 seats or 1/250 sq. ft. 1/2,000 sq.ft. SpecialtyFoods CG whichever is Minimum twos aces p Class II Uni-size more 7/lane + 1/5,000 sq.ft. BowlingAlleys CG 1/employee Minimum Class II Uni-size twos aces 1/ 1,250 sq.ft. up to 25,000 sq.ft. 1/2,500 sq.ft. between 25,000- 5,000-50,000 50,000sq.ft. General CG 1/250 sq. ft. Class II Uni-size 1/5,000 sq.ft. over 50,000 sq.ft. 1/5,000 sq.ft. Bulky Merchandise (5) Industrial Ti/12,000 Manufacturing ML 1/450 sq. ft. sq.fta Class l Uni-size Minimum twos aces 1/1,250 sq.ft. or 1/15 Office/Prototype employees, Manufacturing MQOA 1/285 sq. ft. whichever is Class l Uni-size more restrictive. Office 1/1,250 Corporate/ CG/OP 1/285 sq. ft. sq.ft. or 1/15 Class 1 t_Tni-size Administrative/ employees, General whichever is Multi -Tenant more restrictive. Medical and CG 1/175 sq. ft. 1/1,250 sq.ft. Class H �Jni-size Dental Office Notes: 1. Refer to Fable 19.124.040(8) for uni-size stall dimensions. 2. Refer to standard details table for requirements for handicapped parking. 3. See 19.124.040(j) for stall dimensions in parking structures. 4. See 19.124.040(P) for description of bicycle parking classes. 5. ][detail space devoted to the handling of bulky merchandise such as motor vehicles, machinery or furniture, excluding grocery stores. SECTION 3o Severability. Shonuld any provisions of this Ordinance, or its applications to any persons or circumstance, be determined by a court of competent jurisdictions to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the applications of this Ordinance to any other Person or circumstance an, to that en, the provisions hereof are severable. SECTION 4: Effective Date. This Ordinance shall take effect thirty plays after adoption as provided by Government Code Section 36937. SECTION 5: Certifiction. 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 6: Continuitu. 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 day of 2016 and ENACTED at a regular meeting of the Cupertino City Council on this of 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor of the City of Cupertino