2017 S-62 Supplement CUPERTINO, CALIFORNIA
Instruction Sheet
2017 S-62 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 9: HEALTH & SANITATION
47, 48 47 through 50
TITLE 16: BUILDINGS & CONSTRUCTION
99, 100 99, 100
TITLE 19: ZONING
11, 12 11, 12
19, 20 19, 20
21 through 32 21 through 32B
43 through 46 43 through 46
53, 54 53, 54
57, 58 57, 58
77 through 80 77 through 80
83 through 86 83 through 86
89, 90 89, 90
111, 112 111, 112
113, 114 113, 114
117, 118 117, 118
125, 126 125, 126
193 through 200 193 through 200
COMPREHENSIVE ORDINANCE LIST
45, 46 45, 46
INDEX
23, 24 23, 24
MEMFO8.17
1
CITY OF CUPERTIN09 CALIFORNIA
MUNICIPAL CODE
S-62 Supplement contains:
Local legislation current through Ordinance 17-2165, passed 8-1-2017
COPYRIGHT ° 2017
AMERICAN LEGAL PUBLISHING CORPORATION
9.22.010
CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose, by establishing minimum standards, in addition to standards
9.22.020 Unlawful acts. contained in other laws, rules and regulations, for the
9.22.030 Penalties. maintenance of all building exteriors, premises and vacant
9.22.040 Enforcement of other laws unaffected. land. (Ord. 2165, § 1 (part), 2017; Ord, 2025, (part),
9.22.050 Notice to Franchise Tax Board. 2008; Ord. 1793, (part), 1998)
9.22.020 Unlawful Acts.
9.22.010 Purpose. Except for any property which has a valid permit to
The purpose of this chapter is to promote the health, maintain such a condition,no owner(s), agent(s)or lessee(s)
safety and welfare of the people of the City of Cupertino, or other person(s) occupying or having control of any real
and to protect the City's neighborhoods against blighting and property (including City property) within the City shall
deteriorating influences or conditions that contribute to the maintain or allow to be maintained any of the following
downgrading of neighborhood aesthetics and property values conditions except as allowed in Table 9.22.020:
Table 9.22.020
In any front, side or rear yard areas
visible front a public street or
Unlawful Acts sidewalk
A. Storage or placement of any of the following that could be unsightly
and/or constitute an attractive nuisance:
1. Household appliances, equipment, machinery, or furniture, other Not Allowed in excess of 72 hours
than that designed and used for outdoor activities, including, but
not limited to, refrigerators, washing machines, sinks, stoves,
heaters, boilers, tanks, or any part of any listed item;
2. Loose materials, including but not limited to, sand dirt, gravel, Not Allowed, except if screened with
concrete or any similar materials; temporary construction fencing while
permitted, active and continuous,
construction is occurring on the
property
3. Building materials, including but not limited to, lumber, fixtures, Not Allowed, except if screened with
or salvage materials recovered during demolition; temporary construction fencing while
permitted, active and continuous,
construction is occurring on the
property
4. Temporary fencing; Not Allowed, except while permitted,
active and continuous, construction is
occurring on the property
2017S-62 47
9.22.020 Cupertino -Health and Sanitation 48
In any front, side or rear yard areas
visible from a public street or
Unlawful Acts sidewalk
5. Storage containers and similar items; Not Allowed on more than two (2)
occasions in a twelve-month period,
and not more than fifteen(15) days on
each occasion, separated by at least 60
days.
B. An accumulation of:
1. Glass, paper, metal, plastic, or other recyclables Not Allowed
2. Litter, junk, machine parts, scrap material, waste paper, boxes Not Allowed
and cartons, packing materials, combustible trash, tires, or
vehicle parts;
C. Dead, decayed, or diseased trees, weeds, or other vegetation likely to Not Allowed
cause a fire or health hazard, an infestation, or a habitat for rodents;
D, A lack of adequate landscaping, or groundcover sufficient to prevent Not Allowed
blowing dust and erosion;
E. Tree stump(s)with a trunk diameter greater than six inches and a Not Allowed
height of greater than 2.5 feet. As used herein "tree stump" means the
base part of a tree or the trunk protruding above ground in which 90%
or more of the foliage or canopy of the tree has been removed. This
prohibition applies to all tree stumps in the City including those
described in Chapter 14.12(Street Trees) and in Chapter 14.18
(Protected Trees). Excepted from this prohibition are trees which are
pollarded in accordance with the American National Standards Institute
(ANSI) A300-2001 standards.
F. Maintenance of any structure in a state of substantial deterioration, Not Allowed
where such condition would have a tendency to depreciate the aesthetic
and property values of surrounding properties, including but not limited
to, peeling paint on a facade, broken windows, damaged porches,
broken steps, roofs in disrepair, and other such deterioration or
disrepair not otherwise constituting a violation;
(Ord. 2165, § 1 (part), 2017; Ord. 2025, (part), 2008; Ord. 1793, (part), 1998)
9.22.030 Penalties, of any statute of the State of California or other ordinances
Any person who violates the provisions of this chapter of the City (including the provisions of Chapter 1.09 and
shall upon conviction by guilty of an infraction punishable Section 1.12.030 regarding nuisance abatement.) (Ord.
in accordance with the provisions of Chapter 1.12. (Ord. 2165, § 1 (part), 2017; Ord. 2025, (part), 2008; Ord. 1793,
2165, § 1 (part), 2017; Ord. 2025, (part), 2008; Ord. 1793, (part), 1998)
(part), 1998)
9.22.050 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating
9.22.040 Enforcement of Other Laws Unaffected. to substandard housing within six months or the time
Nothing in this chapter affects the power of the City prescribed in a written notice of violation, whichever is
or authorized law enforcement officers to prosecute violators later, the City Manager or his designee may submit a notice J
2017S-62
49 Property Maintenance 9.22.050
of noncompliance to the Franchise Tax Board to prohibit
individuals, banks and corporations from claiming
deductions for interest, taxes, depreciation or amortization
with respect to the substandard housing pursuant to the
provisions of Sections 17274 and 24436.5, as applicable, of
the California Revenue and Taxation Code. (Ord.2165, § 1
(part), 2017; Ord. 2025, (part), 2008; Ord. 1793, (part),
1998)
2017S-62
Cupertino -Health and Sanitation 50
r
1
16.72.010
CHAPTER 16.72: RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE
Section
16.72.010 Findings of the City Council 2. "California Green Building Standards Code"
16.72.020 Definitions means the latest California Green Building Standards Code
16.72.030 Covered Projects as adoptedper Cupertino Municipal Code Section 16.58.010
16.72.040 Diversion Requirements with all local amendments as set forth in Chapter 16.58.
16.72.050 Information Required Before 3. "Construction"means the building of any facility
Issuance of Permit or structure or any portion thereof including tenant
16.72.060 Administrative Fee improvements to an existing facility or structure.
16.72.070 Reporting 4. "Construction"and"demolition debris"or"C&D
debris" means materials resulting from the construction,
16.72.010 Findings of the City Council, remodeling, or demolition of buildings of other structures.
A. Under California law as embodied in the "Construction and demolition debris" includes, but is not
California Waste Management Act of 1989 (California limited to, asphalt, rock and dirt related to construction,
Public Resources Code Sections 40000 et seq.), the city is remodeling, repair, or demolition operations on any
required to prepare, adopt and implement source reduction pavement, house, commercial building, or other structure.
and recycling plans to reach landfill diversion goals, and is 5. "Covered project" means project meeting the
required to make substantial reductions in the volume of specifications of§ 16.72.030 of this section.
waste materials going to the landfills; 6. "Demolition" means the decimating, razing,
B. In order to meet these goals it is necessary that ruining,tearing down or wrecking of any facility, structure,
the city promote the reduction of solid waste,and reduce the pavement or building, whether in whole or in part, whether
stream of solid waste going to landfills; and interior or exterior.
C. Waste from construction, demolition, and 7. "Director of Public Works" shall be the Director
renovation of buildings represents a significant portion of the of Public Works and his or her duly authorized agents and
volume of waste presently coming from the city and much representatives.
of this waste is particularly suitable for recycling and reuse; 8. "Divert" means to reuse material so it is not
D. The city's commitment to the reduction of waste disposed of in a landfill or incinerated,
requires the establishment of programs for recycling and 9. "Diversion requirement" means the diversion of
salvaging of construction and demolition (C&D) waste. a percentage, as determined from time to time by the
(Ord. 17-2164,2017;Ord.2070§ 1 (part),2010;Ord. 2022 Director of Public Works or the amounts, criteria and
(part), 2008) requirements specified in the applicable California Green
Building Standards Code, whichever is more restrictive, of
16.72.020 Definitions. the total construction and demolition debris generated by a
For the purposes of this chapter, the following words project via reuse or recycling.
and phrases shall have the meanings ascribed to them by this 10. "Project" means any activity, which requires an
section, unless the context or the provision clearly requires application for a building or demolition permit, or any
otherwise. similar permit from the city.
1. "Applicant" means any individual,firm, limited 11. "Recycling" means the process of collecting,
liability company, association, partnership, political sorting,cleansing,treating,and reconstituting materials that
subdivision, government agency, municipality, industry, would otherwise become solid waste, and returning them to
public or private corporation,or any other entity whatsoever the economic mainstream in the form of raw material for
who applies to the City for the applicable permits to new, reused, or reconstituted products which meet the
undertake construction, demolition, or renovation project quality standards necessary to be used in the marketplace.
within the City.
99
2017S-62
16.72.020 Cupertino - Buildings and Construction 100
-1
12. "Renovation" means any change, addition, or A. The vendor that the applicant proposes to use to
modification in an existing structure. haul the materials must be consistent with the franchise
13. "Reuse" means further or repeated use of currently in effect pursuant to the provisions of Chapter
construction or demolition debris. 6•2,4;
14. "Salvage" means the controlled removal of B. Approval by the Director of Public Works, or
construction or demolition debris from a permitted building designee, of the Waste Management Plan as complying with
or demolition site for the purpose of recycling, reuse, or the applicable California Green Building Standards Code
storage for later recycling or reuse. shall be a condition precedent to the issuance of any building
15. "Waste Management plan" means, collectively, or demolition permit for a covered project. (17-Ord. 2164,
a plan and all related reporting documentation prepared in a 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022(part), 2008)
format approved by the Director of Public Works, that
fulfills the recycling reporting requirements specified in the 16.72.060 Administrative Fee.
applicable California Green Building Standards Code. As a condition precedent to the issuance of any
Copies of supporting documentation shall be required and building or demolition permit for a covered project, the
included as a part of the final construction and demolition applicant shall pay to the City any required deposit and any
debris recycling reporting. (17-Ord. 2164, 2017; Ord.2070 required application fee as set forth in the municipal fee
§ 1 (part), 2010; Ord. 2022 (part), 2008) schedule. (17-Ord. 2164,2017; Ord. 2070§ I (part),2010;
Ord. 2022 (part), 2008)
16.72.030 Covered Projects.
A. All construction, demolition and renovation 16.72.070 Reporting.
projects within the City that are subject to the criteria and Within 60 days after the completion of any covered
requirements specified in the applicable California Green project, the applicant shall submit to the Public Works
Building Standards Code shall comply with this section. Director or designee a construction and demolition debris
B. Compliance with this chapter shall be listed as a recycling report, demonstrating that the applicant has met
condition of approval on any building or demolition permit, the diversion requirement for the project. Failure to comply
or any similar permit issued for a covered project. (17-Ord. with the reporting requirement may delay approval of the
2164, 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), final inspection or the recovery of any bond or deposit held
2008) by the city. (17-Ord. 2164, 2017; Ord. 2070 § I (part),
2010; Ord. 2022(part), 2008)
16.72.040 Diversion Requirement,
A. Applicants for any covered project are required
to recycle or divert at least sixty-five percent(65%),or meet
the amounts, criteria and requirements specified in the
applicable California Green Building Standards Code,
whichever is more restrictive, of all materials generated for
discard by the project.
B. If an Applicant for a Covered Project experiences
circumstances that the Applicant believes make it impossible
to comply with the Diversion Requirement, the Applicant
shall submit written justification with the Waste
Management Plan. The Director of Public Works will
determine, in writing, whether any diversion requirements
shall be waived in whole or in part on grounds of
impracticability or impossibility. (17-Ord. 2164, 2017;
Ord. 2070 § I (part), 2010; Ord. 2022 (part), 2008)
16.72.050 Information Required Before Issuance of
Permit.
Every applicant shall submit a properly completed
"Waste Management Plan" on a form approved by the
Public Works Director, as a portion of the building or
demolition permit application process for a covered project,
2017S-62
I 1 Definitions 19.08.030
"Habitable space" means space in a structure for "Hotel"means a facility containing rooms or groups of
living, sleeping, eating or cooking. Bathrooms, toilet rooms, generally without individual kitchen facilities, used
compartment, closets, halls, storage or utility space and or intended to be used by temporary overnight occupants,
similar areas are not considered habitable space. whether on a transient or residential occupancy basis, and
"Heavy equipment" means any mechanical or whether or not eating facilities are available on the premises.
motorized device that is not a vehicle or a commercial Hotel includes motel, motor hotel, tourist court, or similar
vehicle as defined in Section 19.08.030(V), including, but use,but does not include mobilehome parks or similar uses.
not limited to, a backhoe,cement mixer,crane, ditch witch, "Household pets" means small animals commonly
dozer,earth mover,generator,grader,tractor or any similar found in residential areas such as chickens, ducks, geese,
device. rabbits, dogs, and cats, but excluding animals such as any
"Height" means a vertical distance measured parallel bovine or equine animal, or any goat, sheep or swine. This
to the natural grade to the highest point of exterior title does not regulate the keeping of small household pets,
construction, exclusive of chimneys, antennas or other such as fish, birds or hamsters, which is incidental to any
appurtenances, except that entry features are measured to permitted use.However,no animal including household pets
the top of the wall plate. may be kept, maintained and/or raised for commercial
Height restriction shall be established by establishing purposes except where permitted with required permits.
a line parallel to the natural grade. "Household type" means whether the occupants of the
"Height", for purposes of the Accessory housing units are very low income, lower income, moderate
Buildings/Structures, encompasses the entire wall plane income, or senior citizens.
nearest the property line, including roof, eaves, and any "Housing development' means for the purposes of
portion of the foundation visible above the adjoining finished Chapter 19.56, Density Bonus, a development project for
grade. five or more residential units. For the purposes of that
chapter, "housing development' also includes a subdivision
or common interest development, approved by the City that
consists of residential units or unimproved residential lots
and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or the
P ate a substantial rehabilitation of an existing multifamily dwelling,
as defined in Government Code Section 65863.4(d), where
Feat;" the result of the rehabilitation would be a net increase in
°a available residential units.
I. "I" Definitions:
Net",ai "Identification Card" shall have the same meaning as
e,aa° set forth in state law, including Health and Safety Code
Sections 11352.5, 11362.7, and following, or as may be
HEIGHT LIMIT FOR ENTRY FEATURES amended.
"Industrial district," for purposes of the Sign
"Home occupation" means a business, profession, Ordinance, means all ML districts and any other zoning
occupation or trade activity which is performed by the classifications which are consistent with the industrial
resident(s) of a dwelling unit within that dwelling unit, or a designation of the Cupertino general plan,
yard area or garage associated with that dwelling unit, or a "Institutional district," for purposes of the Sign
yard area or garage associated with that unit, for purposes Ordinance, means all BQ, PR, FP, and BA districts and
of generating income,by means of the manufacture, and/or other zoning classifications and uses which are considered
sale of goods and/or services, but which activity is clearly institutional in nature and are consistent with the institutional
incidental to the use of the dwelling for residential purposes. or quasi-public designation of the general plan.
"Hospital" means a facility for providing medical, J. "J" Definitions:
psychiatric or surgical services for sick or injured persons, "Junkyard" means the use of more than two hundred
primarily on an inpatient basis, and including ancillary square feet of the area of any lot for the storage or keeping
facilities for outpatient and emergency treatment,diagnostic of junk, including scrap metals or other scrap material,
services, training, research, administration, and service to and/or for the dismantling or wrecking of automobiles or
patients, employees or visitors. other vehicles or machinery.
20168-59
19.08.030 Cupertino- Zoning 12
K. "K" Definitions: transient basis, whether or not meals are provided to the
"Kitchen" means an area in habitable space used for person. Lodging shall be subject to the residential density
the preparation of food and including at least three of the requirements of the district in which the use is located.
following: "Lodging unit" means a room or group of rooms not
1. Cooking appliance(s) or provision for a cooking including a kitchen,used or intended for use by overnight or
appliance (such as 220V outlets, gas connections and space transient occupants as a single unit, whether located in a
for appliances between counters; hotel or a dwelling unit providing lodging where designed or
2. Counter; used for occupancy by more than two persons; each
3. Refrigerator; two-person capacity shall be deemed a separate lodging unit
4. Sink. for the purpose of determining residential density; each two
L. "L" Definitions: lodging units shall be considered the equivalent of one
"Landscaping" means an area devoted to or developed dwelling unit.
and maintained with native or exotic planting, lawn, ground "Lot'means a parcel or portion of land separated from
cover, gardens, trees, shrubs, and other plant materials, other parcels or portions by description, as on a subdivision
decorative outdoor landscape elements, pools, fountains, or record of survey map, or by metes and bounds, for
water features, paved or decorated surfaces of rock, stone, purpose of sale, lease or separate use.
brick, block or similar material (excluding driveways, 1. "Corner lot' means a lot situated at the
parking, loading or storage areas), and sculptural elements, intersection of two or more streets, or bounded on two or
"Late evening activities" means an activity which more adjacent sides by street lines.
maintains any hours of operation during the period of eleven 2. "Flag lot'means a lot having access to a street by
p.m. to seven a.m. means of a private driveway or parcel of land not otherwise j
"Legal substandard lot"means any parcel of land or lot meeting the requirement of this title for lot width,
recorded and legally created by the County or City prior to 3. "Interior lot' means a lot other than a corner lot.
March 17, 1980, which lot or parcel is of less area than 4. "Key lot means the first lot to the rear of a
required in the zone; or lots or parcels of record which are corner lot, the front line of which is a continuation of the
reduced to a substandard lot size as a result of required side line of the corner lot, and fronting on the street which
street dedication unless otherwise provided in the City of intersects or intercepts the street on which the corner lot
Cupertino General Plan. The owner of a legally created, fronts.
substandard property which is less than six thousand square "Lot area" means the area of a lot measured
feet but equal to or greater than five thousand square feet horizontally between boundary lot lines, but excluding a
may utilize such parcel for residential purposes. The owner portion of a flag lot providing access to a street and lying
of a legally created parcel of less than five thousand square between a front lot line and the street, and excluding any
feet may also develop the site as a single-family residential portion of a lot within the lines of any natural watercourse,
building site if it can be demonstrated that the property was river, stream, creek, waterway,channel or flood control or
not under the same ownership as any contiguous property on drainage easement and excluding any portion of a lot
the same street frontage as of or after July 1, 1984. acquired,for access and street right-of-way purposes,in fee,
"Lightwell" means an excavated area required by the easement or otherwise.
Uniform Building Code to provide emergency egress, light "Lot coverage" means the following:
and ventilation for below grade rooms. 1. "Single-family residential use" means the total
"Liquor store" means a use requiring a State of land area within a site that is covered by buildings,including
California "off-sale general license" (sale for off-site all projections,but excluding ground-level paving,landscape
consumption of wine, beer and/or hard liquor) and having features, lightwells, and open recreational facilities. Sheds
fifty percent or more of the total dollar sales accounted for are included in lot coverage.
by beverage covered under the off-sale general license. 2. "All other uses except single-family residential"
"Living space" means, for the purposes of Chapter means the total land area within a site that is covered by
19.112, accessory dwelling units in R-1, RHS, A and A-1 buildings, but excluding all projections, ground-level
Zones, the same as that set forth in California Government paving, landscape features, and open recreational facilities.
Code Section 65852.2(i). "Lot depth"means the horizontal distance from the midpoint
"Loading space" means an area used for loading or of the front lot line to the midpoint of the rear lot line, or to
unloading of goods from a vehicle in connection with the use the most distant point on any other lot line where there is no
of the site on which such space is located. clear rear lot line.
i
"Lodging"means the furnishing of rooms or groups of -
rooms within a dwelling unit or an accessory building on a
2017S-62
19 Definitions 19.08.030
"Special Event Banner" means any temporary sign railroad right-of-way or limited access roadway or freeway,
constructed of pliable materials such as canvas,fabric,vinyl "Structure" means that which is built or constructed, an
plastic or similar materials which will withstand exposure to edifice or building of any kind, or any piece of work
wind and rain without significant deterioration, and which artificially built up or composed of parts joined together in
does not require a building permit for its construction, or some definite manner.
installation outside of a building. 1. Structure,Recreational. "Recreational structure"
"Special needs housing," for purposes of Chapter means any affixed accessory structure or portion, which
19.56, Density Bonus, means any housing, including functions for play, recreation or exercise (e.g.,pool slides,
supportive housing, intended to benefit,in whole or in part, playhouses, tree houses, swings, climbing apparatus,
persons identified as having special needs relating to mental gazebos, decks, patios, hot tubs and pools) but does not
health; physical disabilities; developmental disabilities, include portable play structures, such as swings or climbing
including without limitation intellectual disability, cerebral apparatus.
palsy, epilepsy, and autism; and risk of homelessness, and "Structurally attached" means any structure or
housing intended to meet the housing needs of persons accessory structure or portion thereof,which is substantially
eligible for mental health services funded in whole or in part attached or connected by a roof structure or similar physical
by the Mental Health Services Fund, as set forth in attachment.
Government Code Section 65915(p)(3)(C), as may be "Supportive housing" (per Government Code Section
amended. 65582(f), as may be amended)means housing with no limit
"Specified anatomical areas" means: on length of stay, that is occupied by the target population,
1. Less than completely and opaquely covered and that is linked to onsite or offsite services that assist the
human genitals, pubic region, buttocks and female breast supportive housing resident in retaining the housing,
below a point immediately above the top of the areola; and improving his or her health status, and maximizing his or
2. Human male genitals in a discernibly turgid state, her ability to live and, when possible, work in the
even if completely and opaquely covered. community.
"Specified sexual activities" means: T. "T" Definitions:
1. Human genitals in a state of sexual stimulation or "Target population" (per CA Government Code
arousal; 65582(g), as may be amended) means persons with low
2. Acts of human masturbation, sexual intercourse incomes having one or more disabilities, including mental
or sodomy; illness, HIV or AIDS, substance abuse, or other chronic
3. Fondling or other erotic touching of human health conditions, or individuals eligible for services
genitals, pubic region, buttocks or female breast, provided under the Lanterman Developmental Disabilities
"Story" means that portion of a building, excluding a Services Act(Division 4.5(commencing with Section 4500)
basement, between the surface of any floor and the surface of the Welfare and Institutions Code).
of the next floor above it, or if there is no floor above it, "Transient" means any individual who exercises
then the space between the floor and the ceiling next above occupancy or is entitled to occupancy by reason of
it, concession, permit, right of access, license or other
"Street" means a public or private thoroughfare the agreement for a period of thirty consecutive calendar days
design of which has been approved by the City which or less, counting portions of calendar days as full days, and
affords the principal means of access to abutting property, including any individual who actually physically occupies
including avenue, place, way, drive, lane, boulevard, the premises, by permission of any other person entitled to
highway, road, and any other thoroughfare except an alley occupancy,
as defined in this chapter. "Transitional housing" (per CA Government Code
1. Street, Public. "Public street" means all streets, 65582(h), as may be amended) means buildings configured
highways,lanes,places,avenues and portions and including as rental housing developments,but operated under program
extensions in the length and width, which have been requirements that call for the termination of assistance and
dedicated by the owners to public use, acquired for public recirculation of the assisted unit to another eligible program
use, or in which a public easement for roadway purposes recipient at some predetermined future point in time, which
exists. shall be no less than six months from beginning of
"Street frontage," for purposes of the Sign Ordinance, assistance.
means the length of a site along or fronting on a public or "Trim" means the molding, battens, cappings, nailing
private street,driveway or other principal thoroughfare,but strips, lattice and platforms which are attached to a sign.
does not include such length along an alley, watercourse,
2016S-59
19.08.030 Cupertino - Zoning 20
U. "U" Definitions: transportation of persons for hire,compensation,or profit or
"Unobstructed Access," for purposes of Chapter designed, used, or maintained primarily for the
19.56, Density Bonus, means access to a location if a transportation of goods.
resident is able to access the location without encountering 2. Vehicle,Recreation. "Recreation vehicle"means
natural or constructed impediments, as set forth in a vehicle towed or self-propelled on its own chassis or
Government Code Section 65915(p)(2),as may be amended. attached to the chassis of another vehicle and designed or
"Use" means the conduct of an activity, or the used for temporary dwelling, recreational or sporting
performance of a function or operation, on a parcel or in a purposes. The term recreation vehicle includes, but is not
building or facility. limited to, trailers, motor coach homes, converted trucks
1. "Accessory use" means a use which is incidental and buses, and boats and boat trailers.
to and customarily associated with a specified principal use. "Very low income household" means a household
2. "Conditional use" means a use listed by the whose gross income does not exceed that established by
regulations of any particular district as a conditional use Health and Safety Code Section 50105, as may be amended.
within that district, and allowable solely on a discretionary "Visual privacy intrusion" means uninterrupted visual
or conditional basis, subject to issuance of a conditional use access from a residential dwelling or structure into the
permit, and to all other regulations established by this title. interior or exterior areas of adjacent residential structures,
3. "Nonconforming use" means a use which is not which area is either completely or partially private, designed
a permitted use or conditional use authorized within the for the sole use of the occupant, and/or which serves to
district in which it is located, but which was lawfully fulfill the interior and/or exterior privacy needs of the
existing on October 10, 1955; or the date of any impacted residence or residences.
amendments thereto, or the application of any district to the W. "W" Definitions:
property involved, by reason of which adoption or None.
application the use became nonconforming. X. "X" Definitions:
4. "Permitted use" means a use listed by the None.
regulations of any particular district as a permitted use Y. "Y" Definitions:
within that district, and permitted therein as a matter of right "Yard"means an area within a lot,adjoining a lot line,
when conducted in accord with the regulations established and measured horizontally, and perpendicular to the lot line
by this title. for a specified distance, open and unobstructed except for
5. "Principal use" means a use which fulfills a activities and facilities allowed therein by this title.
primary function of a household, establishment, institution, 1. "Front yard" means a yard measured into a lot
or other entity. from the front lot line, extending the full width of the lot
"Useable rear yard" means that area bounded by the between the side lot lines intersecting the front lot line.
rear lot line(s)and the rear building line extended to the side 2. "Rear yard" means a yard measured into a lot
lot lines. The side yard adjacent to a proposed minor from the rear lot line, extending between the side yards;
addition (e.g., addition equaling ten percent or less of the provided that for lots having no defined rear lot line, the
principal structure)may be included in calculation of usable rear yard shall be measured into the lot from the rearmost
rear yard area. point of the lot depth to a line parallel to the front lot line,
V. "V" Definitions; 3. "Side yard" means a yard measured into a lot
"Variance application"means an application for which from a side lot line, extending between the front yard and
an exception process is not identified in the Municipal Code. rear lot line.
"Vehicle" means any boat, bus, trailer, motor home, Z. "Z" Definitions:
van, camper (whether or not attached to a pickup truck or None. (Ord. 17-2165, §2,2017; Ord. 16-2157,
other vehicle),mobilehome,motorcycle,automobile,truck, 2, 2016; Ord. 16-2159, §§ 1-4, 2016; Ord. 16-2149, § 3,
pickup, airplane, boat trailer, truck tractor, truck trailer, 2016; Ord. 16-2140, §§ 1-5, 2016; Ord. 14-2125, § 3
utility trailer or recreational vehicle, or parts, or any device (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 11-2074,
by which any person or property may be propelled, moved (part),2011; Ord.2056,(part),2010;Ord. 1894, § 1, 2002;
or drawn upon a public street, excepting a device moved Ord. 1891, (part), 2002; Ord. 1863, (part), 2000; Ord.
exclusively by human power. 1809, 2000; Ord. 1784, (part), 1998; Ord. 1725, (part),
I. Vehicle, Commercial. "Commercial vehicle" 1996;Ord. 1688, §3 (part), 1995; Ord. 1657, (part), 1994;
means a vehicle of a type required to be registered under the Ord, 1654, 1994; Ord. 1637, (part), 1993; Ord, 1635,
California Vehicle Code used or maintained for the (part), 1993; Ord. 1618, (part), 1993;Ord. 1607, §1, 1992;
Ord. 1601, Exh. A (part), 1992)
2017S-62
19.I2.010
CHAPTER 19.12: ADMINISTRATION
Section
19.12.010 Purpose and intent. A. In the A, Al, R-1 and RHS Zones, the following
19.12.020 Applicability of regulations. activities:
19.12.030 Approval authority. 1. Conditional uses in accord with Chapter 19.20,
19.12.040 Authority of the Director of Chapter 19.24, Chapter 19.28, Chapter 19.32, Chapter
Community Development. 19.36, Chapter 19.40 and Chapter 19.44;
19.12,050 Authority of the Design Review 2. Removal of protected trees identified in Chapter
Committee, 14.18;
19.12.060 Authority of the Planning 3. Projects in R-1 zones identified in Section
Commission. 19.28.040;
19.12.070 Authority of the City Council. 4. Height Exceptions identified in Section
19.12.080 Application process. 19.24.070(B)(3);
19.12.090 Action by Director. 5, Hillside Exceptions identified in Section
19,12.100 Decision. 19.44.070 and Chapter 19.48;
19,12.110 Noticing. 6. Parking Exceptions identified in Chapter 19.124;
19.12,120 Action by Director of Community 7. Fence Exceptions identified in Chapter 19.48;
Development-Administrative. 8. Variance to all other zoning regulations.
19.12.130 Action by Design Review Committee B, In R2, R3, RIC and all Commercial, Industrial,
and Planning Commission, Office, Planned Community Districts and other
19.12.140 Action by City Council. non-residential zoning districts:
19.12.150 Notice of decision and reports. 1. New structures or property development,
19.12.160 Effective date. including signs and sign programs.
19.12.170 Appeals. 2, Building additions, exterior modifications to
19.12.180 Expiration, extension, violation and existing structures including signs and sign programs, and
revocation, site changes(including, but not limited to, new or modified
landscaping, tree removals, fencing, changes to parking lot
19.12.010 Purpose and Intent. space striping or circulation);
The purpose and intent of the Administration section is 3. Changes in property or building use that involve
to establish procedures for the discretionary review of exterior modifications;
development in the City in order to ensure that new 4. Exceptions or modifications to the development's
development and changes to existing developments comply required and/or existing parking;
with City development requirements and policies. This 5. Conditional uses in accord with Chapter 19.60,
chapter establishes the procedures for review of applications Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter
before the approval authorities for each type of project and 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88,
the process for appeals of any requirement, decision or Chapter 19.92, Chapter 19.96, Chapter 19.128, Chapter
determination made by any Approval Body. 19.116, Chapter 19.132, Chapter 19.136.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), (Ord. 14-2125, § 4 (part), 2014; Ord, 2085, § 2 (part),
2011) 2011)
19.12.020 Applicability of Regulations. 19.12.030 Approval Authority.
Except as otherwise provided in this section, Table 19.12.030 shows the approval authority,
Development Review is required for all zoning map and text Noticing Radius, Expiration Date and Extension Dates for
amendments, new construction, modifications to building different types of Permits.
exteriors or site improvements, and changes in land use,
including, but not limited to, the following:
2016S-58 21
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Cupertino -Zoning 26B
i
27 Administration 19.12.030
Key: review is required and minor modifications of duplex
and multi-family buildings.
Notes: L. Meeting type and noticing are dependent on the
A. Permits can be processed concurrently with other underlying permit being modified.
applications, at the discretion of the Director of M. Appeals of Design Review Committee decisions shall
Community Development. be heard by the City Council.
B. Projects with combined applications shall be processed N. Parking Exceptions approved by the Director of
at the highest level of approval in conformance with Community Development need a comment period,
Section 19.04.090. Parking Exceptions approved by the Design Review
C. Public Hearing: Projects types that need noticing Committee need a public meeting.
pursuant to the CA Government Code;Public Meeting: O. Parking Exceptions in Single-family residential (RI)
Project types that need only a mailed notice and no zones and Duplex (R2) zones need adjacent noticing.
newspaper notices;Comment Period:Project types that All other Parking Exceptions need notices within three
need only a mailed notice and do not need a public hundred feet of the exterior boundary of the subject
hearing or public meeting. property.
D. Noticing Radius of an application in a combined P. Application must be filed prior to expiration date of
application shall correspond to the maximum noticing permit. Permit is extended until decision of the
radius required for any one of the applications. Approval Body on the extension.
E. Expiration date of an application in a combined (Ord. 17-2165, § 3, 2017; Ord. 17-2162, § 1, 2017; Ord,
application shall correspond to the maximum 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)
expiration date allowed for any one of the development
applications (not including Subdivision Map Act 19.12.040 Authority of the Director of Community
applications, General Plan Amendments and Zoning Development.
Map or Text Amendments.) Subject to the provisions of this chapter and general
F. Major General Plan Amendment, Conditional Use purpose and intent of this title, the authority of the Director
Permit, Development Permit application - for more of Community Development is as follows:
than ten thousand square feet of commercial and/or A. Grant any permits which are authorized to be
industrial and/or office and/or other non-residential issued by the Director pursuant to Section 19.12.030 and
use, or greater than six residential units. any other provisions of this code;
G. Minor General Plan Amendment, Conditional Use B. Grant parking exceptions for projects that are
Permit, Development Permit application - for ten reviewed in conjunction with permits which are authorized
thousand square feet or less of commercial and/or to be issued by the Director of Community Development
industrial and/or office and/or other non-residential pursuant to Section 19.12.030;
use, or six or less residential units. C. Grant a variance from site development
H. City Council review for applications with new regulations and parking and loading regulations (except
development greater than fifty thousand square feet of those handicapped parking regulations mandated by State
commercial,and/or greater than one hundred thousand law)applicable within any zoning district established by this
square feet of industrial and/or office and/or other title;
non-residential use,and/or greater than fifty residential D. Grant a variance from the special conditions of
units. approval that apply to site development and parking and
Planning Commission review for all other applications. loading regulations(including conditions attached to planned
1. Please see specific zoning district regulations or developments) applicable within any zoning district
chapters in this title that apply to the subject property established by this title.
or project for approval authority. E. Grant a request for reasonable accommodation
7. Major Architectural and Site Approval application - made by any person with a disability, when the strict
architectural and site approval for all projects that are application of the provisions within residential districts acts
not a Minor Architectural and Site Approval as a barrier to fair housing opportunities, pursuant to
application. Chapter 19.52.
K. Minor Architectural and Site Approval application - F. Make reasonable interpretations of the regulations
single family home in a planned development zoning and provisions of this title, and any chapter therein,
district, minor building architectural modifications, consistent with the legislative intent. Persons aggrieved by
landscaping, signs and lighting for new development, an interpretation of the Director of Community Development
redevelopment or modification in such zones where may petition the Planning Commission in writing for review
of the interpretation.
2017S-62
19.12.040 Cupertino - Zoning 28
G. May refer an application to another Approval and other matters pertaining to this Chapter shall be filed
Body for review, decision or recommendation. with the Director of Community Development with the
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), following:
2011) A. An application for permit may be made by the
owner of record, his or her agent, lessee(s)of property, or
19.12.050 Authority of the Design Review persons)who have contracted to purchase or lease property
Committee. contingent upon their ability to acquire the necessary permit
Subject to the provisions of this chapter and general under this title and who have written authorization from the
purpose and intent of this title, the authority of the Design property owner to make an application.
Review Committee is as follows: B. Application shall be made on a form provided by
A. Grant any permits and exceptions which are the City, and shall contain the following, unless waived by
authorized to be issued by the Design Review Committee the Director of Community Development based on the scope
pursuant to Section 19.12.030 and any other provisions of of the proposed project:
this code; - 1. A complete legal description of the subject
B. Grant parking exceptions for projects that are in property and map showing the location of the property for
conjunction with permits which are authorized to be issued which the permit is sought;
by the Design Review Committee pursuant to Section 2. A preliminary title report of the subject property;
19.12.030. 3. The proposed site development plan indicating:
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), the location of all buildings and structures; the location and
2011) types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
19,12.060 Authority of the Planning Commission. 4. Architectural drawings of the proposed
Subject to the provisions of this chapter and general development, building additions or other structures.
purpose and intent of this title, the authority of the Planning Drawings shall indicate building height, colors, materials,
Commission is as follows: window treatment and other architectural features;
A. Grant any permits which are authorized to be 5. Maps showing the locations of buildings;
issued by the Planning Commission pursuant to Section 6. Renderings showing building heights and square
19.12.030 and any other provisions of this code; footages;
B. Grant parking exceptions for projects that are in 7. Maps showing the precise location of roads,
conjunction with permits which are authorized to be issued streets, alleys and access points;
by the Planning Commission pursuant to Section 19.12.030; 8. A traffic analysis, if required;
C. Make recommendations to the City Council on 9. A construction plan,
applications in which it is a recommending body; and 10. Any property/development with a Homeowner's
D. Decide on appeals of decisions pursuant to Association (HOA) or Architectural Review Board (ARB)
Section 19.12.030. shall provide a letter of approval from said HOA Board or
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), ARB.
2011) 11. The Director of Community Development may
reasonably require additional information which is pertinent
19.12.070 Authority of the City Council. and essential to the application.
Subject to the provisions of this chapter and general 12. Zoning Map or Text Amendments shall also
purpose and intent of this title, the authority of the City include information required per Chapter 19.152.
Council is as follows: a. Zoning applications for Planned Development
A. Grant any permits which are authorized to be Zoning Districts shall also include information required per
issued by the City Council pursuant to Section 19.12.030 Section 19.80.040;
and any other provisions of the code; b. Zoning applications for Multi-Family (R3)
B. Decide on appeals of decisions pursuant to Residential shall also include information required per
Section 19.12.030, Section 19.36.040; and
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), C. Zoning applications for Residential Single-family
2011) Cluster (111C) initiated by a property owner, or his or her
designee, shall also include items identified in Section
19.12.080 Application Process. 19.44.050H.
Unless otherwise specified in this title, all 13. Planned Development Permit and Development
applications for permits,permit modifications,amendments Permit applications shall also include information required
per Section 19.156.010.
2017S-62
29 Administration 19.12.080
14. Conditional Use Permits and Variances shall also 19.12.100 Decision.
include information required per Section 19.156.020. A. The Approval Authority is granted the authority
15. Density Bonus Permit applications shall also to make the decision to grant, deny,or impose conditions or
include information required per Section 19.56.060. restrictions on a permit or other action on a permit as well
16. Conversion of Apartment Projects to Common as to conduct and make any decisions necessary for
Interest Developments applications shall also include environmental review under the California Environmental
information required per Section 19.116.050. Quality Act.
17. Sign Permit Applications should also include B. Unless postponed or continued with the mutual
information required per Section 19.104.040. consent of the Director of Community Development and the
C. Application shall be accompanied by the fee applicant and written confirmation from the applicant, a
prescribed by City Council resolution,no part of which shall decision shall be rendered:
be returnable to the applicant. 1. No later than sixty (60) days following the date
(Ord. 17-2165, § 4, 2017; Ord. 17-2162, § 2, 2017; Ord, the application is deemed complete and either categorically
16-2149, § 4, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. exempt under the California Environmental Quality Act
2085, §2 (part), 2011) (CEQA) or the adoption of a negative declaration or one
hundred and eighty (180) days of certification of an
19.12.090 Action by Director. Environmental Impact Report (EIR).
Upon receipt of an application for a permit, the 2. Notwithstanding the above, no later than one
Director of Community Development shall: hundred and fifty (150) days upon receipt of a complete
A. Within thirty days determine whether the application for a new personal wireless communication
application is complete or needs additional information and facility or ninety(90)days upon receipt of an application for
shall inform the applicant. collocation of a personal wireless communication
B. Mail ballots to the property owners of record of facility/antennas. (Ord. 17-2165, § 5, 2017; Ord. 14-2125,
the properties affected by a Single-Story Overlay District § 4 (part), 2014; Ord. 2085, § 2(part), 2011)
Application. The ballot shall, in addition to information
related to the proposal, include the following information: 19.12.110 Noticing.
1. Proposed Single-Story Overlay District Map A. Notice of Public Hearing: Noticing shall be
pursuant to Section 19.28.050(B)(1); provided in the following manner for applications that need
2. Statement indicating that each developable lot of a public hearing:
record shall have one(1) vote; and 1. Notice of hearing shall be given by publication
3. A date, forty-five (45) calendar days from the once in a local newspaper of general circulation not less than
date of mailing of the ballot, on which a completed ballot ten days prior to the date of the hearing as provided in
must be postmarked or received by the City in order to be Section 65090 of the California Government Code;
accepted. 2. The City shall mail written notice by first class
C. Not later than a period stipulated in Section mail to:
19.12.100, Decision, below: a. Each owner of record of real property within the
1. Set a date for a public hearing or public meeting noticing radius per Section 19.12.030 of the exterior
upon the matter at a regular or special meeting of the boundary of the property for which the application is made
approval authority for the project for applications that as the owner of record is shown in the last tax assessment
require a public hearing or public meeting, except that roll pursuant to Section 65091 of the California Government
Single-Story Overlay District Applications shall be Code;
scheduled for a public hearing, only if the result of the b, Owner(s) of subject site or his or her authorized
mailed ballot, pursuant to 19.12.090(B) above, indicates agent
support of a minimum sixty-six and two-thirds (66 2/3) c. Project applicant(s)
percent by the property owners within the proposed or d. Local agencies expected to provide water,
existing Single-Story Overlay District(each developable lot sewage,streets,roads,schools or other essential facilities or
of record shall have one (1) vote); or services to the proposed project;
2. Send notice in accord with the requirements of e. Any individual or entity that has filed a written
19.12.110(D) for applications that do not need a public request with the City Clerk requesting notification of public
hearing or public meeting. hearings.
(Ord. 17-2162, § 3, 2017; Ord. 14-2125, § 4 (part), 2014; 3, If the number of owners to whom notice would be
Ord. 2085, § 2(part), 2011) mailed or delivered pursuant to subsection A2 above is
2017S-62
19.12.110 Cupertino - Zoning 30 \
1
greater than one thousand, in lieu of mailed or delivered failure to provide notice, and the failure of any to receive
notice, the Director may provide published notice as notice, shall not prevent the City from proceeding with a
provided in Government Code Section 65091(3). hearing, meeting or from taking any action nor affect the
4. The notice shall contain the following: validity of any action.
a. The exact address of the property, if known, or F. Posted Site Notice:
the location of the property, if the exact address is not 1. Applicants shall install notice(s) on the subject
known; site that is/are clearly visible and legible from the
b. The date on which action on the application will right-of-way in accord with the requirements of Table
be taken; 19.12.030.
C. A brief description, the content of which shall be a. Applicants must install a site notice in the front
in the sole discretion of the City, of the proposed project; yard of the subject site.
d. Reference to the application on file for b. For all applications other than Two Story
particulars; Permits, Residential Design Review and Tree Removal
e. A statement that any interested person, or agent applications in Rl or R2 zones, if the subject site has more
thereof, may contact the city for additional information than one property line abutting a street,the applicant may be
and/or plans. required to install more than one notice.
Typographical and/or publishing errors shall not 2. The notice shall be a weatherproof sign, firmly
invalidate the notice nor any City action related to the attached to 5 foot tall posts and:
notice, a. For Two Story Permits, Residential Design
B. Notice of Public Hearing for Zoning Text Review, and Tree Removal applications in R or R2 zones,
Amendments: shall be at least 2 feet tall and 3 feet wide.
1. For amendments to zoning regulations: Notice of b. For all other applications that need a site notice,
such hearing (publication) shall be given in the manner shall be at least 4 feet tall and 6 feet wide.
prescribed in Section 19.12.110 A(1) of this chapter. 3. The notice shall be placed at least 14 days prior
2. For amendments to permitted uses of real to the decision/public hearing and shall remain in place until
property: Notice (mailing or publication) shall be given an action has been taken on the application and the appeal
pursuant to Sections 19.12.110 A(2) or A(3), as the case period has passed.
may be. 4. The notice shall contain the following:
C. Notice of Public Meeting: For projects requiring a. The exact address of the property, if known, or
notice of a public meeting, notice shall be mailed in accord the location of the property, if the address is not known;
with 19.12.110A(2)or A(3), as the case may be, at least ten b. A brief description of the proposed project, the
days prior to the date of the meeting date, content of which shall be at the sole discretion of the City;
D. Notice of Comment Period: For projects c: City contact information for public inquiries;
requiring notice of a comment period, notice shall be mailed d. A deadline for the submission of public
in accord with 19.12,1 1OA(2) and A(5), fourteen calendar comments;
days prior to the date of action on the application. e. If proposing a physical alteration to an existing
1. For permits issued pursuant to Chapter 19.28, building or new buildings, at least one of the following
Single Family Residential, the mailed notice shall include a visual representations of the proposed project:
copy of the site plan and elevation plans of the proposed i. A color perspective drawing or three-dimensional
project. (3-D)photographic simulation of the proposed project, in a
2. For permits issued pursuant to Chapter 14.18, size deemed appropriate by the Director of Community
Protected Trees, the mailed notice shall include a copy of Development.
the site plan and tree replacement/mitigation plan. ii. For Two Story Permits and Residential Design
E. The City may also give notice of public Review applications, a color or black and white perspective
hearings/public meetings in any other manner it deems drawing or three-dimensional(3-D)photographic simulation
necessary or desirable. If the Director of Community of the proposed project, at least 11 inches by 17 inches in
Development believes the project may have impacts beyond size,
the range of the mailed notice, particularly on nearby iii. Visual Representation is not required for
residential areas, the Director, in his or her discretion, may applications that do not have a material change in the
expand noticing beyond the stated requirements in Section physical appearance of the property.
19.12.030. (Ord. 17-2165, § 6, 2017; Ord. 17-2162, § 4, 2017; Ord.
Compliance with the procedures set forth in this section 14-2125, § 4 (part), 2014; Ord. 2085, §2 (part), 20 11) _J
shall constitute a good-faith effort to provide notice, and the
31 Administration 19.12.120
19.12.120 Action by Director of Community 19.12.140 Action by City Council.
Development-Administrative. A. Upon receipt of a recommendation of the
A. For applications requiring Administrative reviewing body, the City Council may by resolution
approval with a public meeting, public hearing or comment approve, modify, or disapprove the recommendation of the
period, the Director of Community Development or his or reviewing body, subject to the requirements of Section
her designee may, subject to the requirements of Section 19.12.100.
19.12.100: B. Upon final approval of a zoning or prezoning
1. Issue his or her decision at the conclusion of the application,the City Council shall enact an ordinance zoning
public meeting, public hearing or comment period; or prezoning the subject property or properties,
2. Continue the item for additional public hearings, incorporating within the ordinance:
public meetings or comment period; or 1. A Conceptual development plan, if required, and
3. Defer action by taking the item under advisement 2. Conditions of approval.
and issuing the decision no later than thirty days following C. For a Development Agreement, the City Council
the public meeting, public hearing or comment period. shall enact an ordinance that shall refer to and incorporate
No additional noticing is required if a project is the text of the Development Agreement by reference.
continued. D. For applications requiring City Council approval,
B. For applications where a public meeting or public the City Council shall issue its decision at the conclusion of
hearing is required to be held before the Director of the public hearing or public meeting.
Community Development, the meeting shall be held in the (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
same manner as a Design Review Committee meeting. 2011)
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
2011) 19.12.150 Notice of Decision and Reports.
A. Notice of decision:
19.12.130 Action by Design Review Committee and 1. The decision for applications approved with a
Planning Commission. public meeting or public hearing shall be mailed to the
A. For applications where the Design Review property owner and applicant at the address shown on the
Committee or Planning Commission is the Approval Body, application.
it shall render a decision,which is supported by the evidence 2. The decision for applications approved with a
contained in the application or presented at the meeting, at comment period shall be mailed to the property owner and
the meeting, or at a subsequent meeting after conclusion of the applicant at the address shown on the application and any
the public hearing or public meeting, subject to the person who has commented on the proposed project within
requirements of Section 19.12,100. the comment period.
B. For zoning map amendments, on the basis of 3. The decision shall contain the following:
evidence and testimony presented to the Planning a. Applicable findings;
Commission at the public hearing,the Planning Commission b. Any reasonable conditions or restrictions deemed
may determine that the public interest will be served, either necessary to secure the purpose of this title and to assure
by revising the area being considered for reclassification to operation of the development and/or use in a manner
include properties not originally part of the application, or compatible with existing and potential uses on adjoining
by giving consideration to district classifications not properties and in the general vicinity; and
originally requested by the application. The Planning C. Reporting/monitoring requirements deemed
Commission may, solely at its option, consider additional necessary to mitigate any impacts and protect the health,
properties or district classifications, or both. safety and welfare of the City.
C. For applications requiring City Council approval, 4. The decision of the Director of Cormnunity
the reviewing body shall forward its written findings, Development, Design Review Committee or Planning
determinations and recommendation to the City Council for Commission shall be final unless appealed in accord with
final action, subject to the requirements of Section Section 19.12.170. A decision of the City Council shall be
19.12.100. final.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), B. Reports: The Director of Cormnunity
2011) Development shall endeavor to forward reports, within five
calendar days from the date of the decision, to the:
1. Planning Commission and the City Council of a
decision by the Director of Community Development.
2017S-62
19.12.150 Cupertino -Zoning 32
2. Planning Commission and the City Council of a 19.12.180 Expiration, Extension, Violation and
decision by the Design Review Committee, Revocation.
3. City Council of a decision by the Planning A. Expiration.
Commission. 1. Approval on a permit or variance shall become
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), null and void and of no effect, within the time frame
2011) specified in Section 19.12.030 following its issuance,unless
a shorter or longer time period is specifically prescribed in
19.12.160 Effective Date. the conditions of permit or variance, unless:
A. A permit approved by the City Council shall take a. A building permit is filed and accepted by the
effect ten days following the date that the findings are City (fees paid and control number issued.)In the event that
adopted. a building permit expires for any reason, the permit shall
B. Specific Plans, General Plan Amendments, become null and void.
Zoning Ordinance/Map Amendments, and Development b. A permit or variance shall be deemed "vested"
Agreements shall become effective thirty days following the when actual substantial and continuous activity has taken
final date of action(e.g., adoption) by the City Council, place upon the land subject to the permit or variance or, in
C. All other permits shall take effect fourteen the event of the erection or modification of a structure or
calendar days following the date that the findings are structures,when sufficient building activity has occurred and
adopted by the appropriate Approval Body,unless an appeal continues to occur in a diligent manner,
is filed as provided in Section 19.12.170. 2. Notwithstanding subsection 1 of this section, if
(Ord, 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), the use for which a conditional use permit was granted and
2011) utilized has ceased or has been suspended for one year or
more, the permit becomes null and void. j
19.12.170 Appeals. 3. Unless a variance or exception has expired
A. An appeal may be filed by any person, firm or pursuant to subsection 1 of this section, it shall continue to
corporation aggrieved or affected by any grant, denial, exist for the life of the existing structure or such structure as
modification or revocation of any permit, or any may be constructed pursuant to the approval, unless a
determination or interpretation related to any provision of different time period is specified in its issuance. A variance
this title. or exception from the parking and loading regulations, and
B. Filing: a sign exception shall be valid only during the period of
1. An appeal shall be in writing on forms prescribed continuous operations of the use and/or structure for which
by the City and shall be filed during regular office hours the variance or exception was issued,
with the City Clerk within fourteen calendar days after the B. Extensions. A permit or variance may, in accord
City decision or if a notice of decision is not required, from with Section 19.12.030, Approval Authority, be extended
the date of the decision or determination, under this title, for the time frame specified in Section 19.12.030, upon
An appeal not filed within such time shall be barred. The timely submittal of an application with the Director of
appeal shall state the grounds and basis thereof. Community Development prior to expiration.
2. Appeals under this chapter are subject to an C. Violation. Once a permit or variance is effective,
appeal fee as prescribed by resolution of the City Council. any and all conditions of approval imposed shall become
C. Noticing: Notice of hearing shall be given in the operative, and the violation of any of them constitute a
same manner in which the original notice was given. If a violation of this Code,
project with no noticing is appealed, appropriate noticing D. Revocation,
shall be determined by the Director of Community 1. Process: In any case where, in the judgment of
Development. the Director, substantial evidence indicates that the
D, Appeal hearing body shall be determined in conditions of a permit or variance have not been
accord with Section 19.12.030. implemented, or where the permit or variance is being
E. Decision of the appeal hearing body:The decision conducted in a manner detrimental to the public health,
or determination of the appeal hearing body on any appeal safety, and welfare,the Director shall set a date for a public
shall be final and effective immediately. hearing before the decision maker granting the original
F. Notice of Decision: Notice of the appeal hearing permit or variance, and notice a public hearing in
body's decision shall be mailed to the original applicant, to accordance with Section 19.12.110, Noticing, of this code.
the person filing the appeal, and to any other person who has 2. Findings: A permit may be revoked or modified
filed a written request with the City Clerk. if any one of the following findings can be made:
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), i, That the permit was obtained by
2011) misrepresentation or fraud;
2017S-62
32A Administration 19.12.180
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.
In the case of revocation of a sign permit,the sign was
abandoned for a period of thirty days.
(Ord. 17-2165, § 7, 2017; Ord. 16-2149, § 5, 2016; Ord.
14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)
2017S-62
Cupertino - Zoning 32B
19.24.010
CHAPTER 1924: AGRICULTURAL (A) AND AGRICULTURAL-RESIDENTIAL (A-1) ZONES
Section
19.24.010 Purpose. 19.24.040 Site Development Regulations.
19.24.020 Applicability of regulations. A. Lot Area Zoning Designations.Minimum lot area
19.24.030 Permitted, conditional and excluded shall correspond to the number(multiplied by one thousand
uses. square feet) following the A zoning symbol. Examples:
19.24.040 Site development regulations.
19.24.050 Building development regulations. Minimum
Zoning Lot Area
19.24.010 Purpose. Symbol Number Square Feet
Agricultural (A) zones are intended to preserve
agriculture or forestry activities in areas suited to that A/A1 215 215,000
purpose, and to include therein incidental residential
development of a rural character. A 400 400,000
Agricultural-residential (A-1) zones are intended to Al 43 43,000
preserve agriculture or forestry activities in areas suited to
that purpose, and to include therein residential development
of a semi-rural character. B. Minimum Lot Area:
(Ord. 2085, §2(part),2011; Ord. 2056, (part),2010; Ord.
1601, Exh. A (part), 1992) Agricultural-
Agricultural Residential
19.24.020 Applicability of Regulations. (A) Zones (A-1) Zones
A. No building or structure or land shall be hereafter
erected, structurally altered, or enlarged in an agricultural 1. Minimum 215,000 square 215,000 square
(A) zone or agricultural-residential (A-1) zone, otherwise Lot size feet(with or feet (with no
than in conformance with the provisions of this chapter, without incidental
B. Notwithstanding the above, request for incidental residential use)
reasonable accommodation maybe made by any person with residential use)
a disability, when the strict application of the provisions in
this chapter, act as a barrier to fair housing opportunities, 2. Incidental 43,000 square feet per dwelling unit.
pursuant to Chapter 19.52. residential Dwelling units in farm labor camps for
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), use temporary laborers, and accessory
1992) dwelling units shall not be counted for
the purpose of determining required lot
19.24.030 Permitted, Conditional and Excluded area under this section.
Uses.
Permitted,Conditional and Excluded Uses that may be C. Required Lot Shape. Each lot in an A zoning
conducted from property zoned agricultural (A) or district shall have such shape that a square with a side of two
agricultural-residential (A-1), are identified in Section hundred feet can be inscribed in this lot.
19.20.020. (Ord. 16-2159, § 6, 2016; Ord. 2085, § 2 (part), 2011)
(Ord. 2085, § 2 (part), 2011)
19.24.050 Building Development Regulations.
Table 19.24.050 sets forth the rules and regulations
pertaining to the development of structures on property
zoned Agricultural(A)and Agricultural-Residential (A-1).
43
2017S-62
19.24.050 Cupertino -Zoning 44
Table 19.24.050: Building Development Regulations
Agricultural (A) Agricultural-Residential (A-1)
A. Lot Coverage, Floor Area Ratio and Building Setbacks
1. Lot Coverage 40% of net lot area 40% of net lot area
2. Floor Area Ratio 45%
3. Minimum Setbacks
a. First Floor:
I. Front-yard 30 feet 30 feet
H. Side-yard 20 feet 20 feet
iii. Rear-yard 25 feet 20 feet
b. Second Floor:
I. Front-yard 30 feet 30 feet
fl. Side-yard 20 feet 20 feet
iii. Rear-yard 25 feet 25 feet
C. Second-story Decks and Patios:
I. Front-yard 22 feet 17 feet
ii. Side-yard 20 feet 20 feet
iii. Rear-yard 25 feet 25 feet
B. Height of Principal Buildings and Structures
1. Maximum Height * 28 feet
2. Zoning districts with "i" Limited to one story (not to exceed 18 feet)
suffix**
3. Exception for Hillside Planning Commission may approve heights greater than 28 feet upon making
Areas all the following findings:
a. The subject property is in a hillside area and has an average slope of ten
percent or greater;
b. Topographical features of the subject property make an exception to the
standard height restrictions necessary or desirable;
c. In no case, shall the maximum height exceed thirty-five feet for a principal
structure or twenty feet for an accessory structure;
d. In no case, shall the maximum height of a structure located on a prominent
ridgeline, as defined by Section 19.40,050(H) relating to RHS zoning districts,
on or above the four-hundred-fifty-foot contour, exceed twenty feet.
2012S-31
45 Agricultural (A) and Agricultural-Residential (A-1) Zones 19.24.050
I
Table 19.24.050: Building Development Regulations (Cont.)
Agricultural (A) Agricultural-Residential (A-1)
C. Permitted Yard Encroachments
1. Extension of a Legal a. Where a building legally constructed according to existing yard and setback
Non-conforming Wall regulations at the time of construction encroaches upon present required first
Plane floor setbacks, one encroaching side of the existing structure may be extended
along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting of a
variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e., a
non-conforming setback may not be further reduced.
d. In no case shall any wall plane of a first-story addition be placed closer than
three feet to any property line.
2. Architectural Features a. May extend into a required yard a distance not exceeding three feet,
b. No architectural feature, or combination thereof, whether a portion of a
principal or accessory structure, may extend closer than three feet to any
property line.
D. Accessory Structures As allowed by Chapter 19.100, Accessory Buildings/Structures
(including attached patio
covers)
E. Solar Design The setback and height restrictions provided in this chapter may be varied for
a structure utilized for passive or active solar purposes, provided that no such
structure shall infringe upon solar easements or adjoining property owners.
Variation from the setback or height restrictions of this chapter may be
allowed only upon issuance of a Administrative Conditional Use Permit
subject to Chapter 19.12.
Notes:
* - Fireplace chimneys, antennae, or other appurtenances are excluded from the restriction.
** - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the
zoning district symbol.
(Ord. 17-2165, § 8, 2017; Ord. 2085, § 2 (part), 2011)
2017S-62
Cupertino -Zoning 46
I
1
r
53 Single-Family Residential (R-1) Zones 19,28.070
19.28.070 Building Development Regulations.
Table 19.28.070 sets forth the rules and regulations
pertaining to the development of structures on property
zoned R1-5, 6, 7.5, 8, 10, 20 etc., and RI-6e in the Single-
Family Residential District.
[Table 19.28.070 begins on next page.]
2017S-62
i
i
19,28.070 Cupertino -Zoning 54
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2012S-31
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2017S-62 .
19.28.080 Cupertino - Zoning 58
1
19.28.080 Eichler (RI-e) Building Design R Exterior walls located adjacent to side yards shall
Requirements. not exceed 9 feet in height measured from the top of the
Rl-e single-family residential "Eichler districts" floor to the top of the wall plate. (Ord. 2085, § 2 (part),
protect a consistent architectural form through the 2011; Ord. 2079, (part), 2011)
establishment of district site development regulations.
Nothing in these regulations is intended to preclude a 19.28.090 Development Regulations—(RI-a).
harmonious two-story home or second story addition. Rl-a districts are intended to reinforce the semi-rural
The following building design requirements shall be setting in neighborhoods with large lots. Variation from the
met for development in the Rl-e district: Rl-a regulations shall require a Variance pursuant to
A. Entry features facing the street shall be integrated Chapter 19.156 of the Cupertino Municipal Code in the
with the roofline of the house. Rl-a district.
B. The maximum roof slope is 3:12(rise over run). Table 19.28.090 sets forth the rules and regulations for
C. Wood or other siding material located on walls building development in the RI-a district.
facing a public street (not including the garage door) shall
incorporate vertical grooves, up to 6 inches apart. [Table 19.28.090 begins on next page.]
D. The building design shall incorporate straight
architectural lines, rather than curved lines.
E. The first floor shall be no more than 12 inches
above the existing grade.
1
2017S-61
19.36.010
CHAPTER 19.36: MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES
Section
19.36.010 Purpose. 19.36.040 Development Plan Required.
19.36.020 Applicability of regulations. A. An application for development in R-3 zones,
19.36.030 Permitted, conditional and excluded shall in addition to the information required by Chapter
uses. 19.12,be accompanied by a development plan that includes
19.36.040 Development plan required. the following:
19.36.050 Permit required for development. 1. The architectural theme of the development,
19.36.060 Site development regulations, including the location of buildings on the lot, building
19.36.070 Building development regulations. configurations, building heights, private patio and balcony
areas, fence lines, and general window locations;
2. A description of the private outdoor area for each
19.36.010 Purpose. dwelling unit and a description of the degree of visual
The purpose of this chapter is to provide a zoning intrusion into adjoining properties which may result upon
district permitting multiple-family residential uses and to implementation of the project. The visual analysis shall
establish the regulations pertaining thereto. These include scale cross-sections if deemed essential to interpret
regulations are intended to guide future multiple-family the degree of visual intrusion into private outdoor or indoor
residential development and ensure a healthy functional space;
environment for future residents within the proposed 3. A grading plan describing existing contours and
development and for and between adjoining parcels. finish grading in relation to proposed construction. The
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), grading plan shall denote the location of all nonfruit trees
1992) with a trunk diameter as identified in Chapter 14.15, the
Protected Tree Ordinance;
19.36.020 Applicability of Regulations. 4. The location of areas proposed for vehicular
A. No building, structure or land shall be used, and circulation and for landscaping.
no building or structure shall be hereafter erected, (Ord. 2085, § 2 (part), 2011)
structurally altered or enlarged in a multiple-family
residential (R-3) zoning district, otherwise than in 19.36.050 Permit Required for Development.
conformance with the provisions of this chapter and other A. No building permit may be issued for
applicable provisions of this title, development proposal of a vacant property presently zoned
B. Reasonable Accommodation: Notwithstanding multiple-family residential until a development plan is
19.36.020(A) above, a request for reasonable approved with a development permit.
accommodation may be made by any person with a B. 'Signs, landscaping or parking plans and minor
disability, when the strict application of the provisions in modifications to buildings may not be erected, structurally
this chapter, acts as a barrier to fair housing opportunities, altered, enlarged or modified without permits pursuant to
pursuant to Chapter 19.50. Chapters 19.12 and 19.168.
(Ord. 2085, §2(part),2011;Ord. 2056, (part), 2010; Ord. (Ord. 2085, § 2 (part), 2011)
1601, Exh. A (part), 1992)
19.36.060 Site Development Regulations.
19.36.030 Permitted, Conditional and Excluded Table 19.36.060 sets forth the rules and regulations
Uses. pertaining to the Development Regulations for the
Permitted, Conditional and Excluded Uses that may be development of property zoned multiple-family residential
conducted from property zoned multiple-family (R-3) (R-3).
residential, are identified in Section 19.20.020.
(Ord. 2085, § 2 (part), 20 11)
2012S-31 77
19.36.060 Cupertino- Zoning 78
19.36.070 Building Development Regulations.
Table 19.36.060 Site Development Regulations Table 19.36.070 sets forth the rules and regulations
A. Density- Maximum number of units cannot pertaining to the development of structures on property
exceed that allowed by the General Plan zoned multiple-family residential (R-3).
Number of Units Dwelling Net Lot Area
Up to 3 units 9,300 square feet
Over 3 2,000 additional square feet per
dwelling unit
B. Lot Width 70 feet at front building setback
line
(Ord. 2085, § 2 (part), 2011)
Table 19.36.070: Building Development Regulations
A. Maximum Lot Coverage 40% of net lot area
B. Maximum Height Limited to two stories (not to exceed 30 feet)
C. Setbacks
First Floor Second Floor Portions of building
24 feet or higher
1. Front-yard 20 feet 20 feet 20 feet
2. Side-yard
i. Interior side 6 feet 9 feet 18 feet
ii. Street side 12 feet 12 feet 18 feet
3. Rear-yard 20 feet or 20% of the lot 20 feet or 20% of the lot
depth, whichever is greater. depth, whichever is
Main building may encroach greater.
as close as 10 feet to rear lot
line if a useable rear-yard
setback area of not less than
twenty times the width of the
lot.
D. Private Outdoor Space- Approximately 20% of each 10% of each unit's gross floor area
Balconies may be unit's gross first-floor area
provided to fulfill this
standard.
E. Second Story Decks and Patios
1. Front-yard 17 feet
2. Side-yard 15 feet
3. Rear-yard 20 feet
2017S-62
79 Multiple-Family Residential (R-3) Zones 19.36.070
Table 19.36.070: Building Development Regulations (Cont.)
F. Corner Triangle Shall remain free and clear of all buildings or portions thereof
G. Visual Privacy Intrusion Minimize privacy intrusion into all or a significant portion of private outdoor
spaces, or interior spaces through the use of windowless walls, atria, enclosed
courtyards, and buildings oriented to public and private streets, or other techniques
which rely upon structural design rather than mitigation relying solely upon a
landscaping solution.
H. Fences Must comply with regulations in Chapter 19.48
1. Parking No parking shall be permitted in a setback area where the lot adjoins property
located in a single-family(R-1) zoning district.
Must comply with regulations in Chapter 19.124
(Ord. 17-2165, § 10, 2017; Ord. 2085, § 2 (part), 2011)
2017S-62
Cupertino - Zoning 80
2012S-31
83 Residential Hillside (RHS) Zones 19.40.050
I
Table 19.40.050: Site Development Regulations (Cont.)
E. Site Grading (Cont.)
5. Soil Erosion and A licensed landscape architect shall review grading plans and shall, in
Screening of Cut and Fill consultation with the applicant and the City Engineer, submit a plan to prevent
Slopes Plan soil erosion and to screen cut and fill slopes.
F. Landscaping
1. Tree Planting Plan Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent
b. Reintroduce trees on barren slopes which were denuded by prior
2. Landscape Requirements agricultural activities. Must comply with the Chapter 14.15, Landscaping
Ordinance and Wildland Urban Interface Fire Area (WUIFA)
requirements
3. Installation of Landscape Must be installed prior to final occupancy unless it is not practicable. If not
Improvements installed, the applicant shall post a bond, cash or other security to insure
installation within an 18 month period from occupancy.
4. Landscape Maintenance All such landscape areas shall be properly maintained in conformance with the
requirements of Chapter 14.15, Landscape Ordinance,
5. Native Trees Should be integrated into the site design to the greatest extent possible.
G. Watercourse Protection
1. Watercourse and Any watercourse identified in Figure HS-6 in the City's General Plan and its
Existing Riparian existing riparian vegetation must be shown on all development plans.
Vegetation
2. Setback The setback shall be measured from the top of bank of the watercourses or
from existing riparian vegetation, whichever is greater. The setback from
riparian vegetation will be measured from the drip line perimeter.
All new development, including structures, grading and clearing, must be set
back as follows.
a. Lots < 1 acre 50 feet
b. Lots i 1 acre 100 feet
H. Development Near Prominent Ridgelines
1. New structures Shall not disrupt a 15% site line from a prominent ridge as identified in
Appendix A. The fifteen percent site line shall be measured from the top of
ridge at the closest point from the structure.
2. Additions to existing May not further encroach into the site line.
structures within the 15% For example, the addition may not add height or bulk which may increase the
site line of prominent disruption to the fifteen percent ridgeline site line.
ridgeline
3. Impractible Clause If(1) and(2) above are not practicable, alternatives may be considered
through the exception process.
2017S-62
19.40.050 Cupertino - Zoning 84
J
Table 19.40.050: Site Development Regulations (Cont.)
I. Development on Slopes of s Hillside Exception required for all grading, structures and other development
30% > 500 square feet.
J. Trail Linkages and Lots 1. Site plan must identify trail linkages as shown in the General Plan Trail
Adjoining Public Open Spaces Plan, on and adjacent to the site.
Site Plan 2. If a trail linkage is identified across a property being developed,
development shall not take place within that area unless approved
through the exception process.
3. For lots adjoining Public Open Spaces, driveways and buildings shall be
located as far as feasible from the Public Open Space and designed in a
manner to minimize impacts on the Public Open Space.
K. Views and Privacy It is not the responsibility of City Government to ensure the privacy protection
of the building permit applicant or owners of surrounding properties that may
be affected by the structure under construction. However, the Director of
Community Development may confer with the building permit applicant to
discuss alternate means of preventing privacy intrusion and preserving views.
(Ord. 17-2165, § 11 (part) , 2017; Ord. 2085, § 2(part), 2011)
19.40.060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside Exception in accordance with Section
19.40.070,
Table 19.40.060 sets forth the rules and regulations pertaining to the development of structures on property zoned
Residential Hillside (RHS).
Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
1. Maximum a. Net lot area < Lesser of:
Allowable 10,000 square 0 6,500 square feet; or
Development feet • 45°k of net lot area times the slope adjustment factor pursuant to
Section 19.40,060(A)(2)*
*Formula = (0.45 x Net lot area) x(Slope adjustment factor)
b. Net lot area i Lesser of:
10,000 square 0 6,500 square feet; or
feet 9 4,500 square feet plus 59.59 square feet for every 1,000 square
feet over 10,000 square feet of net lot area, times the slope
adjustment factor pursuant to Section 19.40.060(A)(2)*
* Formula = (4,500 + ((Net lot area-10000)/1000)(59.59)) x(Slope
adjustment factor)
J
2017S-62
85 Residential Hillside (RHS) Zones 19.40.060
Average Reduction (1.5 x
Slope (Average Slope-
0.1))
a. Average Slope No reduction in allowable floor < 10% 0%
s 10% area slope adjustment factor = 1
11% 1.5%
12% 3.0%
13% 4.5%
14% 6.0%
15% 7.5%
16% 9.0%
17% 10.5%
A reduction in allowable floor 18% 12.0%
2. Adjustment area by one and one-half percent
Factor based (1.5%) for each percent of slope 19% 13.5%
on Average b. Average slope over 10%.
Slope of Net between 10% 20% 15.0%
Lot Area and 30% Sloe adjustment factor =
i p J 21% 16.5%
(1-(1.5 x(average slope of net
lot area- 0.1)) 22% 18.0%
23% 19.5%
24% 21.0%
25% 22.5%
26% 24.0%
27% 25.5%
28% 27.0%
29% 28.5%
C. Average slope Allowable floor area shall be 30% 30.0%
> 30% reduced by a constant 30%
Slope adjustment factor=(1-0.3)
2017S-62
19.40.060 Cupertino -Zoning 86
Table 19.40.060: Building Development Regulations (Cont.)
A. Floor Area Ratio (FAR) (Cont,)
3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for Common
Open Space
a. Lot Area for May count a proportionate share of the reserved private open space to arrive at lot area
calculating for purposes of calculating FAR.
FAR
b. Maximum No developable lot in a cluster development can exceed forty-five-percent floor area
FAR prior to ratio, prior to applying the slope adjustment factor, when a portion of the private open
slope space is attributed to the lot area for calculating FAR.
consideration
c. Average slope Calculated on the developable lot only.
of lot
B. Height of Buildings Limited to 30 feet
and Structures
C. Setbacks
First Floor Second Habitable Third Floor (or
Floor portions of structures taller than
20 feet)
1. Front-yard
a. Slope s 20% 20 feet Driveway and garage 25 feet 25 feet
must be designed to
b. Slope > 20% 10 feet enable vehicles to 25 feet 25 feet
park off-street
2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side on 15 feet 15 feet 20 feet
Corner Lot
3. Rear-yard 20 feet 25 feet 25 feet
D. Second Story Decks and Patios Minimum Setbacks
1. Front Yard 17 feet 17 feet
2. Side Yard 15 feet 15 feet
3. Rear Yard 20 feet 20 feet
2017 S-62
89 Residential Hillside (RHS) Zones 19.40.060
Table 19.40.060: Building Development Regulations (Cont.)
I. Geologic and Soils Reports
1. Applicability A geological report prepared by a certified engineering geologist and a soils report
prepared by a registered civil engineer qualified in soils mechanics by the State shall be
submitted prior to issuance of permits for construction of any building or structure
which:
a. Is located on property in an RHS zoning district which has been designated by the
General Plan to be within a geological hazard area; and
b. Where an addition, alteration or repair of an existing building or structure include
at least one of the following:
i. The improvements include increasing the occupancy capacity of the dwelling
such as adding a bedroom or secondary unit, or
ii. The cost of the completed addition, alteration or repairs will, during any
period of twelve months, exceed twenty-five percent of the value of the
existing improvements as determined by the building official based on current
per foot value of the proposed structure to the existing structure's value on a
parcel of property. For the purposes of this section, the value of existing
improvements shall be deemed to be the estimated cost to rebuild the
improvements in kind, which value shall be determined by the building
official.
Z. Content of These reports shall contain, in addition to the requirements of Chapter 16.12 of this
Reports code, the following:
a. All pertinent data, interpretations and evaluations, based upon the most current
professionally recognized soils and geologic data;
b. The significance of the interpretations and evaluations with respect to the actual
development or implementation of the intended land use through identification of
any significant geologic problems, critically expansive soils or other unstable soil
conditions which if not corrected may lead to structural damage or aggravation of
these geologic problems both on-and off-site;
C. Recommendations for corrective measures deemed necessary to prevent or
significantly mitigate potential damages to the proposed project and adjacent
properties or to otherwise insure safe development of the property;
d. Recommendations for additional investigations that should be made to insure safe
development of the property;
e. Any other information deemed appropriate by the City Engineer.
3. Incorporation of All building and site plans shall incorporate the above-described corrective measures
Recommend- and must be approved by the City Engineer, prior to building permit issuance.
ations
J. Private Roads and Driveways
1. Pavement Width The pavement width and design for a private road or common driveway serving two to
and Design five lots and a single-lot driveway shall comply with development standards contained
in the Hillside Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal The property owner for a lot served by a private road or common driveway shall, prior
Ingress/Egress to issuance of building permits, record an appropriate deed restriction guaranteeing the
Easement and following, to adjoining property owners who utilize the private road or common
Reciprocal driveway for the primary access to their lot(s):
Maintenance a. Reciprocal ingress/egress easement, and
Agreement b. Participation in a reciprocal maintenance agreement.
2012S-31
19.40.060 Cupertino - Zoning 90
i
Table 19.40.060: Building Development Regulations (Cont.)
K. Solar Design The setback and height restrictions provided in this chapter may be varied for a
structure utilized for passive or active solar purposes, provided that no such structure
shall infringe upon solar easements or adjoining property owners. Variation from the
setback or height restrictions of this chapter may be allowed only upon issuance of an
Administrative Conditional Use Permit subject to Chapter 19.12.
(Ord. 17-2165, § 9, 2017; Ord. 2085, § 2(part), 2011)
19.40.070 Exception for Development of Certain 8. The proposed development does not consist of
Individual Hillside Lots. structures which would disrupt the natural silhouette of
A. With respect to a request for development of a ridgelines as viewed from established vantage points on the
legally created individual hillside lot which does not meet valley floor unless either:
the development requirements contained in Section a. The location of a structure on a ridgeline is
19.40.050, the Approval Body may grant an exception to necessary to avoid greater negative environmental impacts;
allow development in accord with the requirements of or
Chapter 19.12, if: b. The structure could not otherwise be physically
1. The subject property cannot be merged with located on the parcel and the size of the structure is the
adjacent property pursuant to Government Code Sections minimum which is necessary to allow for a reasonable use
66451.10- 66451.21; and of the parcel. (See General Plan Policies 2-46, 2-47 and
2. The Approval Body, based upon substantial 2-48.)
evidence, makes all of the findings in Section 19.40.080. 9. The proposed development consists of structures
(Ord. 2085, § 2(part), 2011) incorporating designs, colors, materials, and outdoor
lighting which blend with the natural hillside environment
19.40.080 Hillside Exception-Findings. and which are designed in such a manner as to reduce the
The Approval Body may grant a request for a Hillside effective visible mass,including building height, as much as
Exception only if all of the following findings are made: possible without creating other negative environmental
1. The proposed development will not be injurious impacts. (See General Plan Policies 2-46, 2-50, 2-51 and
to property or improvements in the area nor be detrimental 2-52.)
to the public health and safety. 10. The proposed development is located on the
2. The proposed development will not create a parcel as far as possible from public open space preserves or
hazardous condition for pedestrian or vehicular traffic. parks(if visible there from),riparian corridors,and wildlife
3. The proposed development has legal access to habitats unless such location will create other,more negative
public streets and public services are available to serve the environmental impacts. (See General Plan Policies 2-55,
development. 5-14 and 528.)
4. The proposed development requires an exception 11. The proposed development includes a landscape
which involves the least modification of,or deviation from, plan which retains as many specimen trees as possible,
the development regulations prescribed in this chapter which utilizes drought-tolerant native plants and ground
necessary to accomplish a reasonable use of the parcel, covers consistent with nearby vegetation, and which
5. All alternative locations for development on the minimizes lawn areas. (See General Plan Policies 2-54,5-15
parcel have been considered and have been found to create and 5-16.)
greater environmental impacts than the location of the 12. The proposed development confines solid fencing
proposed development. to the areas near a structure rather than around the entire
6. The proposed development does not consist of site. (See General Plan Policy 5-17.)
structures on or near known geological or environmental 13. The proposed development is otherwise consistent
hazards which have been determined by expert testimony to with the City's General Plan and with the purposes of this
be unsafe or hazardous to structures or persons residing chapter as described in Section 19.40.010.
therein. (See General Plan Policies 2-49.) (Ord. 2085, § 2 (part), 2011)
7. The proposed development includes grading and
drainage plans which will ensure that erosion and scarring
of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized. (See
General Plan Policies 2-53, 2-54 and 2-57.)
2017S-62
111 General Commercial(CG) Zones 19.60.030
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.)
Zoning Districts CG
Uses
12. Limited repair services, such as: P
a. Jewelry,
b. Household appliance,
C. Typewriter and
d. Business machine repair shops
13. Personal service establishments such as: P
a. Barbershops,
b. Beauty parlors,
C. Massage establishments,
d. Shoe repair shops, and
e. Tailor shops
14. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming P
with provisions of Chapter 19,100 of this title
15. A maximum of four video game machines, provided these machines are incidental to the main P
activity of the business
16. Specialty food stores which cumulatively comprise less than fifty percent of the retail space of a P
single building or shopping center
17. Pet shop and pet services facilities (buildings) and bathing, clipping, trimming and similar
services for pets
a. Uses in(17) above which are located in a sound-proof structure and are in compliance P
with Santa Clara County Health Department regulations
b. Uses in(17) above which are not located in a sound-proof structure and are in compliance CUP - PC
with Santa Clara County Health Department regulations
18. CUP - PC
a. Child care centers,
b. Day nurseries, and
C. Playgrounds
19. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs P
a. When the uses in(19) above cumulatively comprise
< 50% of the space in a shopping center, provide adequate parking as determined by
Chapter 19.124 and meet noise requirements as determined by Chapter 10.48
b. When the uses in(19) above cumulatively comprise CUP - Admin.
z 50% of the space in a shopping center, provide adequate parking as determined by
Chapter 19.124 and meet noise requirements as determined by Chapter 10.48
2013S-40
19.60.030 Cupertino - Zoning 112
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.)
Zoning Districts CG
Uses
20. Retail/service kiosks that meet the following: CUP- Admin.
a. Are located in an unenclosed space visible from public streets or other publicly owned
space,
b. Where adequate parking is provided as determined by Chapter 19.124,
C. Which do not result in traffic or circulation impacts,
d. Have attractive designs and landscaping, and
e. Are compatible with the surrounding architecture
21. Other uses which, in the opinion of the Director of Community Development, are similar to the P
permitted uses in the CG zoning district, and which do not create significant adverse impacts to
the surrounding area due to odor, dust, smoke, glare, fumes, radiation, vibrations, noise, traffic
or litter
22. Commercial parking and parking garages CUP -PC
23. Convenience markets CUP -PC
24. Hotels, motels, and boardinghouses CUP - PC
CUP - PC
25. Liquor stores
26. Drinking establishments CUP - PC
27. Commercial entertainment establishments, such as: CUP - PC
a. Indoor theaters,
b. Bowling alleys,
C, Billiard and pool parlors,
d. Dance halls,
e. Skating rinks, and
f. Arcades
CUP- PC
28. Mortuaries
29. Automotive service stations, automobile washing facilities CUP- PC
30. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in CUP- PC
operable condition
31. Automobile and Tire repair shops CUP- PC
32. Business activities which display merchandise or provide services in an unenclosed space visible CUP- PC
from a public street or adjoining residential property, except activities which display
merchandise as provided by Section 19.60.050
33. Business activities which incorporate contracting services for which a contracting license issued CUP- PC
by the State is required
i
2017S-62
113 General Commercial (CG) Zones 19.60.030
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts (Cont.)
Zoning Districts CG
Uses
38. Warehouses Ex
39. Lumberyards Ex
40. Nurseries and greenhouses Ex
41. Commercial excavating of building or construction materials Ex
Key:
P- Permitted Use
-- Not Allowed
CUP- Admin. - Conditional Use Permit issued by the Director of Community Development
CUP-PC - Conditional Use Permit issued by the Planning Commission
CUP- CC - Conditional Use Permit issued by the City Council
Ex- Excluded Uses
(Ord. 17-2165, § 10, 2017; Ord. 2085, § 2(part), 2011)
19.60.040 Permits Required for Development. e. Incidental activities directly related to the
A. Prior to the erection of a new building or permitted business. The incidental activity must comply
structure or enlargement or modification of an existing with noise standards, all other applicable health and safety
building, structure, or site (including landscaping and regulations and must use equipment which,when not in use,
lighting) in a CG zoning district, permits must be obtained is stored in an approved enclosed space,
in accordance with Table 19.12.030. 2. The activity must comply with the City noise
(Ord. 2085, §2(part),2011; Ord. 2056, (part), 2010; Ord, standards, including pick-up and delivery times. Some
1844, § 1 (part), 2000; Ord. 1784, (part), 1998; Ord. 1687, activities are permitted when located in a sound-proof space.
Exh. A (part), 1995) A sound-proof space is an enclosed area which is designed
to prevent internally generated noise from being audible
19.60.050 Land Use Activity. from a receptor located outside of the structure. An
A. Land Use Criteria. Unless otherwise provided by acoustical engineer shall certify the design and operating
a conditional use permit, the following regulations shall conditions of a sound-proof space,
apply to all users governed by this chapter. 3. The activity must involve direct retailing of goods
1. The activity must be conducted entirely within a or services to the general public. The retailing and servicing
building or enclosed patio or atrium except for: activity must comprise at least fifty percent of the floor
a. Vehicular parking including the parking of space, including enclosed patio and atrium space, and must
business related vehicles that comply with the sign,off-street represent the primary emphasis of the business. Window
parking and noise regulations; displays shall reflect the retail emphasis.
b. Outdoor seating for restaurants as long as the 4. Certain activities which require a hazardous
number of seats do not exceed twenty percent of the number material plan are permitted subject to permitting or licensing
of authorized indoor seats and is otherwise compatible with by an authorized public agency charged with the
Chapter 19.124 of this code; responsibility to protect the public health and welfare
C. Special promotional events undertaken by regarding the involved hazardous material. Examples:
permitted businesses; swimming pool and spa supply, photo finishing, dental
d. The display of merchandise in front of stores office.
containing a minimum of twenty thousand square feet of 5. The activity complies with applicable off-street
floor area. The merchandise must be displayed under a roof parking standards including shared parking arrangements
overhang or canopy and must be displayed in an organized, specified in the off-street parking ordinance.
neat and safe fashion; (Ord. 2085, § 2(part), 2011)
2017S-62
19.60,060 Cupertino -Zoning 114
19.60.060 Development Standards,
Table 19.60.060 sets forth the rules and regulations pertaining to the development of property located in the General
Commercial (CG) zoning district.
Table 19.60.060: Development Standards
A. Lot Area and Coverage No minimum lot area or coverage.
Must be in conformance with the General Plan or
applicable Specific Plan.
Must have sufficient area to satisfy off-street parking and
loading requirements contained in this title.
B, Height of Buildings and Structures 30 feet unless otherwise permitted by the General Plan or
applicable Specific Plan.
C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space
1. Front Yard Established based upon special policies contained in the
General Plan and/or applicable specific plan to:
• Insure sufficient space to provide adequate light, air
and visibility at intersections;
• Assure general conformity to yard requirements of
adjacent or nearby zones, lots or parcels; and
• Promote excellence of development.
2. Minnnum Side and Rear Yard No side or rear yard setback required unless lot abuts any
residential or agricultural-residential zone in which case
the following regulations apply:
a. Side Yard Setback
i. Interior Side 12 feet, or a total setback equal to one foot of additional
setback for each foot of height of a commercial building
measured from its eave line or top of parapet, whichever
is more restrictive,
ii. Street Side of Corner Lot 12 feet
b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half feet
of additional setback for each foot of height of a
commercial building measured from its eave line or top of
parapet, whichever is more restrictive.
D. Noise Standards -
1. New Construction and uses approved as a Conditional Use that have a high probability of generating noise
that adjoin residential districts shall be:
a, Exterior Walls Designed to attenuate all noise emanating from interior
retail space,
b. Loading Docks and Doors Located away from residential districts. Required Fire
Doors are excluded. 1
C. Mechanical and other equipment Air conditioning, exhaust fans, and other mechanical
equipment shall be acoustically isolated to comply with
the noise ordinance
2012S-31
19.64.010
CHAPTER 19.64: PERMITTED, CONDITIONAL AND EXCLUDED USES
IN OFFICE AND INDUSTRIAL ZONING DISTRICTS
Section
19.64.010 Applicability of regulations. 19.64.020 Permitted, Conditional and Excluded
19.64.020 Permitted, conditional and excluded Uses in Office and Industrial Zones.
uses in office and industrial zones. Table 19.64.020 sets forth the Permitted, Conditional
and Excluded Uses in Office and Industrial zones.
19.64.010 Applicability of Regulations.
No building or structure or land shall be used in an
OA,OP, MP, ML or ML-re zoning district, otherwise than
in conformance with the provisions of this chapter.
(Ord. 2085, §2 (part), 2011)
Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones
Zoning Districts
Uses OA OP MP ML ML-rc
1. Administrative and Executive Offices P P P P
2. Professional Offices P P P P
3. Printing and Publishing P
4. Caterers CUP-
PC
5. The following commercial uses are permitted
as independent operations:
a. Stenographic or duplicating services P P
b. Messenger or telegraph offices P
c. Delivery services P P
d. Janitorial services; P
6. Office Supplies and Equipment Sales and P
Services
7. Dry cleaning plants and similar establishments, P P
provided that the solvent used in the cleaning
process shall be used or stored in a manner
approved by the State Fire Marshal;
2012S-31 117
19.64.020 Cupertino - Zoning 118
Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.)
Zoning Districts
Uses OA OP MP ML ML-rc
8, Accessory facilities and uses customarily P
incidental to permitted uses and otherwise
conforming with provisions of Chapter 19.100
of this title.
9. Animal clinics and hospitals, facilities for P
bathing, clipping, trimming, and similar
services for pets; kennels; taxidermists;
10. Gymnasium, Health Club P
11. Swim clubs, swim schools, and commercial CUP -
swimming pools PC
12. Commercial parking and parking garages P
13. Commercial entertainment establishments CUP-
operated wholly or partly in the open (e.g., PC
drive-in theaters, golf driving ranges, and
miniature golf courses),
14. Automotive service stations, automobile CUP-
washing facilities; PC
15. Gasoline and diesel fuel pumps, whether CUP-
utilized as a principal use or as an accessory PC
use
16. Automobile, trailer, tire and boat sales, P
rentals, service, repair and storage, including
body and upholstery shops, but limited to new
and used vehicles in operable condition and
new, reconditioned and used parts, if stored
inside a building
17. Manufacturing, processing, assembly, research P
and development factories, laboratories, shops,
and other uses which, in the opinion of the
Director of Community Development are
similar to uses permitted in the ML zoning
district, and which do not create undue adverse
impacts due to the effects of glare, noise, dust,
or any other emission within the premises as
provided in Section 19.72.050 of this Title.
18. Light Manufacturing, processing, assembly, P
and storage of products and materials which do l
not create undue adverse impacts due to the
effects of glare, noise, dust, or any other
emission within the premises as provided in
Section 19.72.050 of this Title,
2017S-62
125 Permitted, Conditional and Excluded Uses in Office and Industrial Zoning Districts 19.64.020
Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones (Cont.)
Zoning Districts
Uses
M
OA OP MP L ML-rc
85, General Acute Care Hospital (e.g., any Ex Ex
nursing facility, intermediate care facility,
congregate living health facility)
86. Long-term health care facility Ex Ex
87. Child Day Care Facility (including day care Ex Ex
centers, employer-sponsored child care
centers, adult day care and family day care
homes)
88. Uses or facilities defined in Health and Safety Ex Ex
Code Sections 1250 or 1418 or 1596.750 and
Education Code Section 17323(c)which may
be utilized by sensitive receptors as defined
by Public Resources Code Section 42100(c)
Key:
P_ Permitted Use
_ Not Allowed
CUP-Admin. - Conditional Use Permit issued by the Director of
Community Development
CUP-PC- Conditional Use Permit issued by the Planning
Commission
CUP-CC - Conditional Use Permit issued by the City Council
Ex- Excluded Uses
(Ord. 17-2165, § 11, 2017; Ord. 2085, § 2(part), 2011)
2017S-62
Cupertino-Zoning 126
i
i
2012S-31
19.112.010
CHAPTER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
Section
19.112,010 Purpose. 1. Is permitted on lots in R-1, RHS, A and A-1
19.112.020 Applicability of regulations, zoning districts and, notwithstanding the underlying zoning,
19.112.030 Site development regulations. an accessory dwelling unit developed pursuant to this chapter
19.112.040 Review process. does not cause the lot upon which it is located to exceed its
maximum the allowable density on the lot,
2. Must comply with the site development
19.112.010 Purpose. regulations and guideline specified in those zoning districts
The purpose of this chapter is to promote the goal of for dwelling units,including but not limited to,lot coverage,
affordable housing within the City through provision of floor area ratio, height, setbacks, landscape etc, the
additional housing in certain residential and agricultural regulations contained in this chapter, Chapter 19.100,
zoning districts in a manner which minimizes adverse Accessory Structures/Buildings, Chapter 19.124, Parking,
impacts of accessory dwelling units on neighborhoods. except as those standards may be modified by this chapter.
(Ord. 16-2159, § 8 (part), 2016; Ord. 2085, § 2 (part), (Ord. 16-2159§ 8(part),2016; Ord. 2085, §2(part), 2011;
2011; Ord. 1601, Exh. A (part), 1992) Ord. 1901, (part), 2002; Ord, 1601, Exh. A (part), 1992)
19.112.020 Applicability of Regulations. 19.112.030 Site Development Regulations.
Notwithstanding any provision of this title to the Site Development Regulations for Accessory Dwelling
contrary, one accessory dwelling unit: Units are as identified in Table 19.112.030,
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of portions of New addition to existing
existing structures to an accessory dwelling unit
accessory dwelling unit and new accessory
dwelling unit
A. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
2. Maximum size 10% of the net lot area, up to a maximum of 1,000 s.f., or 50 percent of the
existing living space of the principal dwelling unit, whichever is more
restrictive.
B. Second-story accessory Allowed if the unit: Not allowed
dwelling unit 1. Is a conversion of existing second story portions of the
principal dwelling unit; and
2. Complies with applicable landscape requirements to
adjoining dwellings consistent with Section 19.28.120
193
2017S-62
19.112.030 Cupertino -Zoning 194
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units (Cont.)
Attached to Principal Dwelling Unit
Conversion of portions of New addition to existing accessory dwelling
existing structures to an unit and new accessory dwelling unit
accessory dwelling unit
C. Parking
1. Parking for accessory None One additional off-street parking space shall
dwelling unit be provided, if the principal dwelling unit has
less than the minimum off-street parking
spaces for the applicable residential zoning
district in which it is located, as required in
Chapter 19.124 unless the unit meets the
following requirements:
a. Is within one-half(1/2) mile of a public
transit stop; or
b. Located in an architecturally and
historically significant historic district;
or
c. Occupant of the ADU is not allowed/
offered a required on-street parking
permit; or
d. Located within one block of a car share
vehicle pick-up location.
2. Replacement parking a. Replacement spaces must be provided for the principal dwelling unit to
spaces when new meet the minimum off-street parking spaces for the applicable residential
accessory dwelling unit zoning district in which it is located, as required in Chapter 19.124.
converts existing b. Replacement spaces may be located in any configuration on the same lot
covered, uncovered or as the accessory dwelling unit, including but not limited to covered
enclosed parking spaces spaces, uncovered spaces, tandem spaces or by use of mechanical
required for the principal automobile parking lifts.
dwelling unit C. Any replacement parking spaces provided must comply with the
development regulations for the applicable zoning district in which it is
located, Chapter 19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
D. Direct outside access 1. Independent outdoor access must be provided without going through the
principal dwelling unit.
2. Where second-story accessory dwelling units are allowed, entry shall not
be provided by an exterior staircase.
E. Screening from public street All access to accessory dwelling units shall be screened from a public street.
(Ord. 17-2165, § 12, 2017; Ord. 16-2159, § 8 (part), 2016; Ord. 2085, § 2 (part), 2011)
19.112.040 Review Process. B. Accessory structures should be compatible with
A. Applications for accessory dwelling units the architectural style and materials of the principal
conforming to the requirements of this chapter shall be structure. (Ord. 16-2159, § 8 (part), 2016)
reviewed ministerially without discretionary review and
must be approved or denied within the time frame specified
in Government Code Section 65852.2.
2017S-62
19.116.010
CHAPTER 19.116: CONVERSIONS OF APARTMENT PROJECTS
TO COMMON INTEREST DEVELOPMENTS
Section
19.116.010 Purpose. of the proposed conversion. The developer shall provide a
19.116.020 Applicability of regulations. relocation/displacement plan which illustrates that sufficient
19.116.030 General regulations. replacement housing is available in the housing market area
19.116.040 Parking. within a price range which is equal to or is less than
19.116.050 Application requirements. twenty-five percent of the household income of the tenants
19.116.060 Application procedures. to be displaced, or not to exceed the rent being paid for the
existing rental unit to be converted, whichever is higher.
ii. As used in this section "housing market area"
19.116.010 Purpose. means that area bounded by Fremont Avenue located in the
The purpose of this chapter is as follows: City of Sunnyvale, to the north, Lawrence Expressway to
A. To regulate conversion of apartments and other the east, Prospect Road to the south, hence along a line
forms of rental housing units to condominiums and other generally following the westerly boundary of the Cupertino
common interest developments in order to provide for the Urban Service Area northerly to Highway 280, hence
housing needs of all economic segments of the community; easterly along Highway 280 to Foothill Boulevard, hence
B. To ensure that such conversions do not conflict northerly along Foothill Boulevard to Homestead Road,
with the goals or policies of the General Plan of the City of hence easterly along Homestead to Highway 85, hence
Cupertino; northerly along Highway 85 to Fremont Avenue.
C. To provide tenant and buyer protection relating to b. Replacement housing must be shown to meet any
displacement and relocation of renters, ensuring that special needs of disabled tenants, which are presently
purchasers are informed regarding the structural integrity of available in the project proposed to be converted, such as
buildings and the on-site utility system, and ensuring that facilities for the handicapped, elderly, families with
such buildings and utility systems reasonably comply with children, and availability of public transportation for the
all current codes which may directly impact the health and elderly or residents who do not own an automobile. The plan
safety of future residences, including codes related to noise shall also demonstrate that all other provisions relating to
and insulation standards. tenant protection addressed in the chapter have been
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), fulfilled.
1992) C. A developer may meet the above requirements
through the provision of mitigating factors to diminish the
19.116.020 Applicability of Regulations. number and/or aid relocation of,displaced tenants within the
No apartment project may be converted to a common project. Such mitigating measures may include, but are not
interest development otherwise than in conformance with the limited to, discounting the price of project units to tenant
provisions of this chapter. buyers, offering a moving allowance, extending leases, or
(Ord. 2085, § 2 (part), 2011; Ord, 1601, Exh. A (part), providing below-market-rate units.
1992) d. Notwithstanding the above provisions, in no case
shall an apartment house be converted to a common interest
19.116.030 General Regulations. development when the vacancy rate for apartment houses
A. Community Impacts. within the housing market area is less than five percent at
1. Residential Displacement. the time of application and has averaged five percent over
a. i. In no case shall an apartment project be the past six months as determined by surveys conducted by
converted to a common interest development unless and until the Director of Community Development.
it can reasonably be demonstrated that comparable 1. Conformity with the General Plan.No conversion
replacement housing exists within the housing market area of apartment houses to community houses to common
to accommodate those residents displaced as a direct result interest developments shall be permitted unless and until the
195
2017S-62
19.116.030 Cupertino - Zoning 196
City Council of the City of Cupertino finds that the proposed constructed with a structural section and site dimensions in
conversion will not conflict with the housing goals and accordance with the standards of the City of Cupertino and
policies of the General Plan and will not adversely impact shall be designed to ensure that access for municipal services
the local school system. shall not be denied any dwelling unit therein by reason of
2. Prohibition of Discriminating Against Prospective deteriorated or impassable private streets, driveways or
Buyers with Children. In no case shall a common interest parking areas, as determined by the Director of Public
development which has been converted, and which can Works or his or her designee.
reasonably accommodate children, as determined in each 2. Sewage collection and water distribution lines on
case by the City Council, limit initial sales to households or private property and property under common ownership
individuals without children. shall be covered by one of the following responsibilities.
B. Tenant Protection. a. All lines owned and maintained by the
1. The developer shall provide each tenant an corporations shall be constructed to the City of Cupertino
irrevocable, nontransferable, preemptive right to purchase Standard Specifications for Public Works. Water metering
a unit or right of exclusive occupancy at a price not greater and billing shall be provided at each individual townhouse
than the price offered to the general public for such unit. lot as well as for the entire development using a master
Such right shall be irrevocable for a period of ninety days meter. The difference between the sum of the individual
after the commencement of sales or the issuance of the final meters and the reading of the master meter will be billed to
public report by the real estate commissioner. Tenants shall the corporate structure. A separate sewer lateral shall be
have the right to the unit presently occupied and then to provided to serve each individual parcel.
other units in the project only after they have been declined b. All lines to be owned and maintained by the City
for purchase and vacated by the occupying tenants. In no of Cupertino, a private water utility and/or the Cupertino
case shall an existing tenant have a preemptive right to more Sanitary District shall be placed in asphalt concrete
than one unit. driveways, or a covered concrete line trench, acceptable to
2. The developer shall offer a ninety-day extension the Director of Public Works, or appropriate representation
of tenancy after the expiration of a lease or rental agreement of the private water utility or sanitary district (with the
which would expire prior to or at the time of commencement necessary public utility easement running through the
of sales or issuance of the final public report by the real project)so as to provide accessibility for the maintenance of
estate commissioner. the lines. A water meter and sewer lateral shall be provided
3. The developer shall permit a tenant to terminate to serve each individual parcel.
any lease or rental agreement without any penalty C. In cases of conversion to a common interest
whatsoever after notice has been given of the intention to development not involving individual ownership of separate
convert to a common interest development if such tenant parcels (e.g., community apartments, stock cooperatives,
notifies the developer in writing thirty days in advance of planned developments, etc.), separate utility services will
such termination. not be required. In these cases,utilities will be billed to the
C. Buyer Protection. The developer shall furnish homeowners association and a cash deposit to secure
each prospective purchaser of a unit, a true copy of the payment of the bill will be required.
conditional use permit issued under this chapter and a copy 3. Undergrounding Requirements. All structures
of each of the following informational documents(the permit being converted from individual, corporate or partnership
and documents shall be printed in Spanish or the purchaser's ownership of apartment houses to common interest
native language if requested): developments shall, within the exterior boundary lines of
1. Property report; such property, have all electrical, communication and
2. Structural pest control report; similar distribution, service wires and/or cables placed
3. Structural report and building department report; underground.
4. Building history report; 4. Compliance with Codes. The design,
5. Statement of compliance(Form 643)pursuant to improvement and/or construction of a common interest
10 California Administrative Code, Section 2792.9, or its development shall conform to and be in full accordance with
successor, relating to operating and maintenance funds all requirements of all building, fire and housing codes,
during startup; zoning provisions and other applicable local,State or federal
6. Soils report as determined in each case by the laws or ordinances relating to protection of public health and
Director of Planning and Development; safety, in effect at the time of the filing of the tentative map.
7. Certificate of compliance and occupancy. Also, any violations of the latest adopted edition of the
D. Building and Site Improvements. Uniform Housing Code as prepared by the International \_
1. All private streets,-driveways and parking areas Conference of Building Officials, or its successor, relating
for the common interest developments shall be improved and specifically to provisions protecting health and safety of
2017S-62
197 Conversions of Apartment Projects to Common Interest Developments 19.116.030
residents, shall be corrected, and any equipment or facilities 10. Private and Common Area Open Space. The
which the Building Official determines are deteriorated or adequacy of open space shall be reviewed in terms of area
hazardous shall be re or repaired laced. In particular, the and privacy standards. Private outdoor space shall be
P P
developer shall repair or replace any damaged or infested provided for each unit, where practical. The amount of
areas in need of repair or replacement as shown in the space shall be determined in each case by the size of the unit
structural pest report. The interpretation of what constitutes and amount of common open space. Adjoining units shall be
a hazard to public health and safety shall be made by the redesigned or landscaped in such a manner so as to preclude
Director of Community Development, or his or her visual intrusion into private outdoor yards or interior spaces,
designee. where practical.
5. Separate Metering. The consumption of gas and 11. Noise Mitigation. Appropriate site design and
electricity within each dwelling unit shall be separately construction techniques shall be utilized to ensure isolation
metered so that the unit owner can be separately billed for from excessive noise sources outside of the project boundary
each utility. The requirements of this subsection may be and to ensure acoustical privacy between adjoining units. If
waived where the Director of Community Development the Director of Community Development determines that an
finds that such would not be practical or reasonable. In all excessive external noise source exists, the developer shall
cases, a water shutoff valve shall be provided for each unit. retain an acoustical engineer to evaluate the noise impact on
6. Shock Mounting of Mechanical Equipment. All the proposed residential development and develop mitigation
permanent mechanical equipment, including domestic measures.The construction shall comply with the applicable
appliances, which is determined by the building official to City ordinances and State codes relating to sound
be a source or a potential source of vibration or noise, shall transmission control to ensure acoustical privacy between
be shock-mounted, isolated from the floor and ceiling, or adjoining dwelling units.
otherwise installed in a manner approved by the Building 12. Interim Maintenance Standards. The developer
Official to lessen the transmission of vibration and noise. shall be responsible for improving and maintaining the
7. Separate Electrical Panel Boards. Each unit shall structures and landscaping in accordance with the approved
have its own panel board of adequate capacity to architectural and landscaping plans and good maintenance
accommodate all electrical outlets which serve that unit. practices prior to turning them over to the homeowners
8. Impact Sound Insulation. The applicant/owner association.A performance bond shall be collected to ensure
shall demonstrate that wall and ceiling assemblies conform compliance with this requirement.
to the sound insulation performance criteria promulgated in (Ord. 17-2165, § 13 (part), 2017; Ord. 2085, § 2 (part),
Title 25, California Administrative Code, Section 1092, or 2011; Ord. 1784, (part), 1998; Ord, 1601, Exh. A (part),
its successor, and that any floor covering which is replaced 1992)
similarly provides the same or greater insulation qualities.
9. Storage Requirements. Private, enclosed, 19.116.040 Parking.
weatherproofed and lockable outdoor storage space shall be A. Off-Street Parking. The project shall provide
provided for each dwelling unit according to the following parking consistent with the multi-family zoning district and
schedule: the owner shall demonstrate that additional spaces exist to
reasonably accommodate guest parking.
B. Applicability of City Ordinances Regulating
Number of Minimum Space Least parking of Trailers and Recreational Vehicles,Etc. Chapter
Bedrooms in Cubic Feet Dimension 19.124, regulating parking and trailers, repairing vehicles,
Studio or 1 150 2 feet etc., shall apply to the private street(s) and to all parking
along such street(s). The parking of recreational vehicles
2 200 2 feet such as boats, trailers, etc., shall be prohibited throughout
the entire development unless such parking is within an
3 250 2 feet enclosed area. Vehicular curb parking along the private
4 300 2 feet streets) shall be prohibited except in designated areas.
Appropriate "No Parking" signs shall be installed by the
applicant.
The above space shall be provided in the garage or (Ord. 17-2165, § 13 (part), 2017; Ord. 2085, § 2 (part),
parking area or contiguous to each unit. This requirement 2011; Ord. 1601, Exh. A (part), 1992)
may be waived by the Director of Community Development
if it is determined that sufficient storage space exists to 19.116.050 Application Requirements.
reasonably attain this standard. A. In addition to the requirements of Title 18 of this
code (Subdivisions) and the Subdivision Map Act, an
2017S-62
19.116.050 Cupertino- Zoning 198
i
application for the conversion of rental housing into any the CA Business and Professions Code, relating to written
common interest development shall require the submittal of reports on the absence or presence of wood-destroying pests
the following data, which data must be submitted to the or organisms;
Director of Community Development at the same time the 9. A structural report describing the physical
tentative map is submitted: elements of the project that also identifies any structural
I. A complete legal description of the property; elements which are known to be structurally defective or
2. Certification that all tenants in any buildings or unsafe so as to impose a hazard to the health and safety of
structure proposed to be converted have been notified the occupants or users of the improvements, with the final
individually and in writing prior to the time of filing an map submittal. The Director of Community Development
application hereunder; shall maintain a form containing a reasonable list of physical
3. A boundary map showing the existing topography elements to be described in the report, which form shall be
of the site and the location of all existing easements, made available to the applicant. The applicant shall arrange
structures and other improvements, and trees over four for project inspections by the Building Department to verify
inches in diameter; the accuracy of the deficiencies noted in the structural
4. The proposed organizational documents. In report. The Building Official shall prepare a report detailing
addition to such covenants, conditions and restrictions that building code deficiencies or other health and safety
may be required by the Bureau of Real Estate of the State of deficiencies which must be corrected prior to sale of units of
California pursuant to Title 6 (Condominiums) of the Civil occupancy;
Code or other State laws or policies, the organization 10. A building history report including the following:
documents shall provide for the following: a. The date of construction of all elements of the
a. Conveyance of units, project,
b. Assignment of parking and management of b. A statement of the major uses of the project since
common areas within the project, construction,
C. A proposed annual operating budget containing a c, The date and description of each major repair of
sinking fund to accumulate reserve funds to pay for major any element since the date of construction,
anticipated maintenance, repair or replacement expenses, d. The date and description of each major renovation
d. FHA regulatory agreement, if any, of any element since the date of construction,
e. The most recent balance sheet of the association, e, A statement regarding current ownership of all
5. A provision that the annual assessments to improvements and underlying land,
members of any association shall provide for penalties for f. The name and address of each present tenant of
late payments and reasonable attorney's fees and costs in the the project,
event of default of the members; g. Failure to provide information required by
6. A provision that allows the association to subsections Al through A6 of this section, inclusive, shall
terminate the contract of any person or organization engaged be accompanied by an affidavit, given under penalty of
by the developer to perform management or maintenance perjury, setting forth in detail all efforts undertaken to
duties after any association assumes control of the project or discover such information and all reasons why such
any time thereafter; information cannot be obtained;
7. A property report describing the condition and 11. A rental history detailing the size in square
estimatingthe remaining useful life of each of the following footage, the current or last rental rate, the monthly rental
elements of each structure situated within the project rate for the preceding two years, and the monthly vacancy
proposed for conversion: roofs, foundations, exterior paint, over the preceding two years of each rental unit proposed to
paved surfaces, mechanical systems, electrical systems, be converted;
plumbing systems, including sewage systems, sprinkler 12. Condominium Plan. The application for final
systems for landscaping,utility delivery systems, central or subdivision map shall include a copy of the condominium
community heating and air conditioning systems, fire plan prepared pursuant to the CA Civil Code, Section 1351.
protection systems including any automatic sprinkler The plan shall be submitted for the information of the local
systems,alarm systems,or standpipe systems,and structural governing body and need not be part of the subdivision map;
elements. Such report shall be prepared by a registered civil 13. Project Organization. A written description
a
or structural engineer, or a licensed general building regarding the proposed project organization including the
contractor or general engineering contractor; use and control of the common elements and recreation
8. A structural pest report prepared by a licensed facilities within the project shall be submitted with the
structural pest control operator pursuant to Section 8516 of tentative map. The statement shall detail any proposed
2017S-62
199 Conversions of Apartment Projects to Common Interest Developments 19.116.050
control of common facilities to be retained by the developer 17. All information required by Chapter 18.16 or
or to be owned or maintained by any other organization Chapter 18.20, as the case may be, Chapter 19.12, Chapter
other than the homeowners association or unit owners. 19.80, and such information which the Planning
14. True Copy of Application for Final Public Report Commission or the Director of Community Development
and Supplemental Questionnaire. The application shall determines is necessary to evaluate the proposed project.
include the following information, except that if the (Ord. 17-2165, § 13 (part), 2017; Ord. 2085, § 2 (part),
information required to be furnished below is not available 2011; Ord, 1601, Exh. A (part), 1992)
at time of application, as a condition of approval of the
permits issued pursuant to this Chapter, the developer shall 19.116.060 Application Procedures.
provide this information to the City within ten days of A. Zoning.Any apartment house project proposed to
issuance by the Bureau of Real Estate: be converted to a common interest development shall be
a. A true copy of each application submitted to the rezoned to the RIC (single-family cluster) or P(Res)
Bureau of Real Estate of the State of California for issuance (planned development project with residential intent)zoning
of a final public report for the project proposed for district.
conversion, including all attachments and exhibits required B. Use Permit and Tentative Map or Parcel Map
pursuant to Section 11011 of the Business and Professions Required. No conversion shall be permitted unless and until
Code, a conditional use permit and tentative map or parcel map has
b. A true copy of the statement of compliance(Form been applied for and issued pursuant to and in accordance
643, as amended)pursuant to 10 California Administrative with the provisions of this chapter and the requirements of
Code, Section 2792.9,or its successor,relating to operating the Subdivision Map Act or its successor.
and maintenance funds during the early stages of ownership C. Property and Structural Pest Report.
and operation by the homeowner's association. 1. After reviewing the property, structural and
G. A statement whether the developer will provide structural pest reports required to be submitted pursuant to
any capital contribution to the homeowner's association for Section 19.116.050A8 and inspecting the structures situated
deferred maintenance of the common areas, and if so, the within the project when he or she deems such inspection
sum and date on which the association will receive said sum; necessary, the Building Official shall identify all items if
d. A true copy of the supplemental questionnaire for evidenced by such reports and/or inspection to be hazardous
apartments converted to common interest developments to the life,health or safety of the occupants of such structure
submitted to the Bureau of Real Estate of the State of within the project, or the general public. Each permit issued
California, including all attachments and exhibits. hereunder shall require all of such items to be corrected to
15. Relocation Displacement Plan. A relocation the satisfaction of the Building Official.
displacement plan shall detail the number of residents which 2. The Building Official shall review the property
will be displaced as a result of the proposed conversion and report and may require its revision and resubmission if he or
document the reasonable availability of comparable she determines that substantial evidence shows that any
replacement housing in the Cupertino area within a rental statement therein is without foundation or fact. The report
range equal to the range which the tenants have paid as may be revised to reflect improvement, repair or
detailed in a rental report (See Section 19.116.050A11) or replacement.
within a price range which is equal to or less than D. Project Organization Document Review. The
twenty-five percent of the income range of each household project organization documents shall be submitted to the
to be displaced as a result of the conversion whichever is City Attorney for a determination that such documents
higher. Additionally, replacement housing must be shown comply with the requirements of this chapter and the
to meet any special needs, which are presently available in applicable State laws.
the project, of displaced tenants such as facilities for the E. Compliance with Housing, Building Codes and
handicapped, elderly, households with children, and Fire Regulations. If the proposed project does not comply
availability of public transportation for the elderly or with the provisions of the State of California Uniform
resident buyers who are temporarily displaced pending Building Code and regulations of the Santa Clara Central
completion of improvements to the units being purchased; Fire Protection District, and/or the Building Official
16. Soils Report. A true copy of the soils report identifies items to be corrected as provided in the above,any
originally prepared for the subject property. In cases where use permit issued pursuant to this part shall require the
a soils report has never been prepared or when information developer to furnish a bond, in a penal amount equal to the
in previous reports is considered insufficient, then the reasonable estimated cost to bring their project into
developer shall provide a soils report prepared by a compliance with such codes, such fire regulations and/or
registered civil engineer, or equivalent, which details such identified items to be corrected. The bond shall run in
information as determined by the Director of Public Works; favor of the individual purchasers and the homeowners
2017S-62
19.116.060 Cupertino - Zoning 200
l
i
association and shall provide for reasonable attorney's fees
in the event of default by the principal. The City shall hold
the bond pending issuance of the certificate of completion.
F. Public Hearings.
1. The City Council is the approval authority for
condominium conversion applications with a
recommendation for approval or denial from the Planning
Commission.
2. If the City Council approves the proposed
conversion,the applicant will be required to submit detailed
plans with an application for Architectural and Site Approval
for any exterior alterations or improvements to the buildings
and/or landscaping. The Planning Commission will make a
final recommendation to the City Council regarding the
improvements. The City Council's final action will be a
review of the architectural plan to determine approval or
denial of the project.
3. The final map for the project will be reviewed in
compliance with Title 18, Subdivisions of the Municipal
Code.
G. Letter Certifying Compliance. The Director of
Community Development shall cause a final inspection of all
buildings and structures to be made, upon request by the
developer, to determine that the requirements of this chapter
have been fulfilled. The Building Official shall then mark
the inspection report to show the corrections, repairs and
replacements which have been made. If complete, the
Director will cause to be issued a letter certifying
compliance with all of the conditions and approvals and with
this title and authorize sale and/or occupancy of the units.
No building or unit applied for under this chapter shall be
sold without the letter certifying compliance and approving
occupancy.
(Ord. 17-2165, § 13 (part), 2017; Ord. 2085, § 2 (part),
2011; Ord. 1601, Exh. A (part), 1992)
2017S-62
45 Comprehensive Ordinance List
I
Ord. No.
16-2157 Amends § 19.08.030 regarding
definitions, (19.08)
16-2158 Amends Ch. 8.07 and Table 19.20.020
regarding beekeeping (8.07, 19.20)
16-2159 Amends §§ 19.08.030, Table
19.20.020, 19.24.040, 19.52.020, and
Ch. 19.112 regarding accessory
dwelling units (19.20, 19.24, 19.52 and
19.112)
16-2160 An interim urgency ordinance
establishing a temporary moratorium on
non-medical marijuana dispensaries,
marijuana cultivation and cultivation
facilities, commercial cannabis activities
and marijuana transport and deliveries
pending completion of an update to the
zoning code (Not Codified)
17-2161 Amends §§ 11.08.160 and 11.08.180
regarding restrictions on bicycles
(11.08)
17-2162 Amends Table 19.12.030,
§§ 19.12.080, 19.12.090, 19.12.110,
Tables 19.20.020, 19,28.040, and
§ 19.28.050 regarding zoning
administration, permitted and
conditional uses, and single story
overlay district process (19.12, 19.20,
19.28)
17-2163 Amends 11.27.145 regarding
preferential parking zones (11.27)
17-2164 Amends §§ 16.72.010 through
16.72.070 regarding recycling and
diversion of construction and demolition
waste (16.72)
17-2165 Amends §§ 9.22.010 through 9.22.050,
19.08.030, 19.12.030, 19.12.080,
19.12.100, 19.12.110, 19.24.050,
19.28.070, 19.36.070, Tables
19.40.050, 19.40.060, 19.60.030, and
19.64.020, and 19.112.030, and
§§ 19.116.030 through 19.116.060
regarding property maintenance,
administration, accessory dwelling
units, definitions, agricultural and
agricultural-residential zones,
multiple-family residential zones,
residential hillside zones, general
commercial zones, permitted,
conditional and excluded uses, and
conversions of apartment projects to
common interest developments (9.22,
19.08, 19.12, 19.24, 19.28, 19.36,
19.40, 19.60, 19.64, 19.112, 19.116)
2017S-62
Cupertino -Comprehensive Ordinance List 46
l �
23 Index
Employer-employee relations 2.52.280 Meetings
Employment continuation 2,52.490 amendments, records required 2.32.060
Federal, state, city laws, authority 2.52.340 procedure 2.32.050
Grievance processing procedure 2.52.420 Member
Impasse procedures 2.52.410 term of office 2.32.020
Jurisdiction A vacancy, removal 2.32.030
classification plan Powers, functions 2.32.070
provisions included 2.52.160 Procedural rules 2.32.080
purpose 2.52.140
scope of coverage, adoption PLANNING DIRECTOR
2.52.150 Bingo license applicant investigation 5.32,220
pay plan 2.52.180
Jurisdiction B PLUMBING CODE
provisions included 2.52.240 Adopted 16.20.010
purpose 2.52.220 Adoption of appendix chapters 16.20.015
scope of coverage, adopted 2.52.230 Name insertion 16.20.020
Jurisdiction C
provisions included 2.52,270 POLICE
purpose 2.52.250 See SHERIFF
scope of coverage, adopted 2,52.260
Jurisdictions POLICE ALARM
designated 2.52.040 See ALARM
exclusions 2.52.050
exemptions 2.52.060 POLLUTION
Legislative intent 2.52.030 See WATERCOURSE POLLUTION
Meet and confer in good faith PREVENTION
advance notice required 2.52.440
exclusions 2.52.400 POLYSTYRENE FOAM SERVICE WARE
memorandum of understanding 2.52.430 Administrative citation and fine 9.15.130
scope 2.52.380 Definitions 9.15.100
Municipal employee relations officer Prohibited 9.15.110
designated 2.52.320 Exemptions 9.15.120
Purpose 2.52.010 Severability 9.15.140
Repeal of prior provisions 2.52.070
Retirement PRELIMINARY SOIL REPORT
See Specific Subject See BUILDING
See Purpose
Rules, regulations PRIVATE SCHOOL
adoption 2.52.330 Business license
adoption, effectiveness 2.52.130 See also BUSINESS LICENSE
scope, applicability 2.52.120 fee 5.04.420
State law applicability 2.52.370
System adopted 2.52.020 PROPERTY MAINTENANCE
Written agreements, effect 2.52.360 City powers 9.22.040
Franchise Tax Board, notice 9,22.050
PISTOL Penalties 9.22.030
See FIREARM Prohibited acts 9.22.020
Purpose of provisions 9.22.010
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
2017S-62
Cupertino - Index 24
PUBLIC AND PRIVATE DEVELOPMENTS, ART Administration, scope, authority 3.22.030
REQUIREMENTS Contract
See ARTWORK, REQUIRED IN PUBLIC AND See also PUBLIC WORKS CONTRACTS
PRIVATE DEVELOPMENTS bid, award procedures 3.22.060
Definitions 3.22.020
PUBLIC SAFETY COMMISSION Exemptions
Compensation, expenses 2.60.050 See Public agencies, exemptions when
Duties, responsibilities 2.60.070 Funds availability required 3.22.050
Effect 2.60.080 Public agencies, exemptions when 3.22.070
Established 2.60.010 Purchase order, request, petty cash
Meetings, quorum, officers, staff 2.60.040 required 3.22.040
Members Purpose of provisions 3.22.010
term of office 2.60.020
vacancy removal 2.60.030 PURCHASING OFFICER
Records required 2.60.060 Contract award authority 3.22.060
Designated 3.22.020
PUBLIC WORKS CONTRACTS Powers, duties generally 3.22.030
Award, criteria
lowest bid rejection, effect 3.23.100 Q
lowest responsible bidder 3.23.070
Bid QUARANTINE
competitive, required when 3.23.030 See ANIMAL
exempt activities designated 3.23.130
informal procedure when 3.23.120 --R--
invitation, notice, contents 3.23.040
opening, procedure 3.23.060 RECORDER, COUNTY
presentation, security, requirements 3.23.050 Documentary stamp tax administrator 3.04.090
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140 RECYCLING AND DIVERSION
OFCONSTRUCTION
Definitions 3.23.020 AND DEMOLITION WASTE
Lowest responsible bidder Administrative fee, 16.72.060
See Award, criteria Covered projects, 16.72.030
Proceeds, deposit, use 3.23.150 Definitions, 16.72.020
Purpose of provisions 3.23.010 Diversion requirements, 16.72.040
Security Findings of the City Council, 16.72.010
See also Rid Information required before issuance of permit,
forfeiture when 3.23.080 16.72.050
Work Reporting, 16.72.070
additional, procedure when 3.23.160
deletion permitted when 3.23.170 RECYCLING AREAS; SOLID WASTE,
NON-ORGANIC RECYCLING
PUBLIC WORKS DEPARTMENT Applicability of provisions 9.16.030
See DEPARTMENTAL ORGANIZATION Definitions 9.16.020
Maintenance and collection 9.16.050
PUBLIC WORKS DIRECTOR Purpose of provisions 9.16.010
Storm drainage service charge Site development requirements 9.16.040
collection duties 3.36.080 Solid waste, non-organic, recycling and organic
measurement, analysis methods recycling enclosures 9.16.045
report duties 3.36 060 Violation, penalty 9.16.060
premises inspection authority 3.36.190
RECYCLING, NON-ORGANIC AND ORGANIC
PURCHASING WASTE COLLECTION AND DISPOSAL
See also EQUIPMENT, SURPLUS, SALE See GARBAGE
PUBLIC WORKS CONTRACTS
2015 5-49