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2018 S-69 SupplementPDJ -10/11/18 CUPERTINO, CALIFORNIA Instruction Sheet 2018 S-69 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page 49, 50 Title Page TITLE 11: VEHICLES AND TRAFFIC 49, 50 TITLE 19: ZONING 21 through 28 33, 34 21 through 28 33, 34 5,6 TITLE 20: GENERAL AND SPECIFIC PLANS 5,6 45, 46 COMPREHENSIVE ORDINANCE LIST 45, 46 \ J CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-69 Supplement contains: Local legislation current through Ordinance 18-2179, passed 10-2-2018 ( COPYRIGHT © 2018 AMERICAN LEGAL PUBLISHING CORPORATION I { 49 Permit Parking Zone 11.27.145 ( Street Limits Special Hours Street Limits Special Hours Cedar Tree Court Cedar Tree Lane to Sun 7:00 a.m.-Orange Tr ee Lane Ced ar Tree Lane Sun 7:00 a .m .- end of cul de sac -12 :00 p .m . south 175 feet -12:00 p.m . Chri stense n Dri ve All Daily 7 :00 a.m .-Pacifica Avenue Northside from M--F 7 :00 a.m. - -10 :00 p.m . Torre Avenue to a 3 :00 p .m ., except Clearcreek Court All F--Sun 6:00 p.m.-point 460 feet holidays -2:00 a.m . easterly thereof Clearwood Court All F--Sun 6:00 p.m .-Peppertree Lane All M--F 8:00 a.m.- -2:00 a.m. -7 :30 p.m. Dolores A venue Byrne Avenue to M--F 7:00 a.m.-Peppertree Lane Stelling Road to Sat 8:00 a.m.--4:00 200 feet west of -4:00 p .m . while p .m. Orange A venue school is in session Phar Lap Drive Stevens Creek Blvd . F--Su 6 :00 p .m.- Fairwo ods Court South Stelling Road Daily to Clearcreek Court -2:00 a.m. to end Presidio Drive Fort Baker to New M-F 8:00 a.m.- Fenway Court All Daily 7:00 a.m .-Haven -3:30 p.m . -10 :00 p.m. Pres idio Drive Providence Court to M--F 8:00 a.m.- Fort Baker Drive Presidio to M--F 8 :00 a .m.-New Haven Court -3:30 p.m. H yannisport -3:30 p.m. Presidio Drive 100 feet east of New M--F 8:00 a .m.- Hammond Way East end to west end Sat, Sun, holidays Haven Court to 100 -3 :30 p .m. 7:00 a.m.--4:00 feet west of New p.m. Haven Court Hyannisport Drive Fort Baker to Linda M-F 7:00 a.m .-Randy Lane Merritt Drive to M--F 8 :00 a .m.- Vista Drive -4 :00 p.m . while Lucille A venue 4 :00 p .m . school is in session Red Fir Court All Daily, 8 :00 a.m .- Imperial Avenue Alcazar A venue to M--F 8 :00 a.m.-7:30 p .m . McClellan Road -3:30 p.m . while Rodrigues Avenue Southside from M--F 7 :00 a .m . - school is in session Torre Avenue to a 5:00 p .m., except Juniper Court Oak Valley Road to Sat, Sun, holidays point 230 feet holidays end 7:00 a .m .--4:00 easterly thereof ( p .m . Rodrigues A venue Southside from a Daily Larry A venue Merritt Drive to M--F, 8 :00 a.m.-point 300 feet east Lucille Avenue 4:00 p .m. of Torre Avenue to Lily Avenue All M--F 8 :00 a .m.-a point 340 feet -7 :30 p .m. easterly there of Lily Court All M--F 8:00 a.m.-Rodrigues Avenue Southside from a M--F 7 :00 a .m.- -7 :30 p .m. point 340 feet east 5:00 p.m., except Madrid Road From McClellan M --F 7 :0 0 a.rn.-of Torre Avenue to holidays Road to the end -4:00 p.m . a poinl 625 fee t McClellan Road East sid e, 430 feet M--F 7 :00 a .m.- easterly thereof west of Byrne -4 :00 p .m. Rose Blossom McClellan to Lily M--F 8:00 a .m .- Avenue to Madrid Way -7:30 p .m. Road Santa Lucia Road Stevens Canyon to D aily Merritt Drive Blaney to east of Sun 7 :00 a.m.-Merriman Road Baywood Court 100 -12:00 p.m. Scofield Drive Barbara to Western M-F 8:00 a .m.- feet -7 :30 p .m. Merritt Drive Vista Drive to M--F, 8:00 a.m.-September Court All M--F 9:00 a.m.- Orange Tree Lane 4:00 p.m. -5:00 p .m. New Haven Drive All M--F 8:00 a.m.-September Drive McClellan to 200 M--F 9 :00 a.m.- -3 :30 p .m. feet south of August -5:00 p .m. Nobl e Fir Court All Daily, 8 :00 a .m.-Lane 7 :30 p .m. Shattuck Drive All M-F 8:00 a .m. - Noonan Court All M--F 8:00 a.m.-3:30 p .m. when -4:00 p .m . school is in session Oak Valley Road Cup ertino City limit Sat, Sun, holidays Shelly Drive Bonny to We stacres --F 8:00 a.m .--7:30 to Sycamore Drive 7:00 a.m .--4:00 p .m . p .m. Stelling Road McClellan to Erin Daily Old Town Court All M--F 8:00 a.m.-Stevens C anyon West side Santa Daily -3:30 p .m . Road Lucia north 200 feet Orange A venu e East side McClellan M-F 8 :00 a.m.-Sycamore Drive St. Joseph A venue Sat, Sun, holidays to Noonan Court -4 :00 p .m . to Oak Valley Road 7 :00 a .m .--4 :00 Orange A venue West side McClellan M--F 8:00 a.m.-p.m. to Dolores -4:00 p .m. 20 18 S-69 11.27.150 Street Torre Avenue Tula Court Tula Lane White Fir Court Wilkins on Ave Limits Easts ide from Rodrigues A venue to a point 265 feet southerly th ereof All All All Hya nnisport to Co lumbus Cupertino -Vehicles and Traffic Special Hours M--F 7 :00 a.m.- 5:00 p.m ., except holidays First Saturday of each month 8:00 a.m .--12 :00 p .m. First Saturday of each month 8:00 a.m .--12:00 p.m. Daily, 8:00 a .m.- 7:30 p.m. M--F 8 :00 a.m.- -3:30 p .rn. (Ord. 18-2176, 2018 ; Ord . 17-2163, 2017 ; Ord. 16-2147, 2016; Ord . 16-2146, 2016; Ord . 16-2145, 2016; Ord. 14-2118, (part), 2014; Res. 03-037, 2011; Ord . 1989, 2006 ; Res. 99-154 , 1999; Ord. 1731 , (part), 1996) 11.27.150 Penalty Provisions. A . It is unlawful and a violation of this chapter for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefor to the Director of Public Works . B. It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant hereto to knowingly permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and vio lation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued. C . It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the Director of Public Works. It shall further be unlawful and a violation of this chapter for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade limitations on parking applicab le in a permit parking zone. D. Any person who violates any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof, be punished as provided in Chapter 1.12. (Ord. 1197, (part), 1982) 2018 S-69 50 ( 19 .12.010 CHAPTER 19.12: ADMINISTRATION Section 19.12.010 19.12.020 19.12.030 19.12.040 19.12.050 19.12 .060 19 .12.070 19.12.080 19.12.090 19 .12 .100 19.12.110 19.12.120 19.12.130 19.12.140 19.12.150 19 .12.160 19.12.170 19 .12.180 Purpose and intent. Applicability of regulations . Approval authority . Authority of the Director of Community Development. Authority of the Design Review Committee . Authority of the Planning Commission . Authority of the City Council . Application process. Action by Director. Decision. Noticing. Action by Director of Community Development-Administrative . Action by Design Review Committee and Planning Commission . Action by City Council. Notice of decision and reports. Effective date. Appeals. Expiration, extension, violation and revocation . 19.12.010 Purpose and Intent. The purpose and intent of the Administration section is to establish procedures for the discretionary review of development in the City in order to ensure that new development and changes to existing developments comply with City development requirements and policies . This chapter establishes the procedures for review of applications before the approval authorities for each type of project and the process for appeals of any requirement, decision or determination made by any Approval Body. (Ord . 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.020 Applicability ofRegulations. Except as otherwise provided in this section, Development Review is required for all zoning map and text amendments, new construction, modifications to building exteriors or site. improvements, and changes in land use, including, but not limited to, the following: 2016 S-58 21 A . In the A, Al, R-1 and RHS Zones, the foliowing activities: 1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, Chapter 19.32, Chapter 19.36, Chapter 19.40 and Chapter 19.44; 2. Removal of protected trees identified in Chapter 14.18; 3 . Projects in R-1 zones identified in Section 19.28.040; 4. Height Exceptions identified in Section 19 .24.070(B)(3); 5 . Hillside Exceptions identified in Section 19.44.070 and Chapter 19.48; 6. Parking Exceptions identified in Chapter 19 .124; 7. Fence Exceptions identified in Chapter 19 .48; 8. Variance to all other zoning regulations . B. In R2, R3, RlC and all Commercial, Industrial, Office, Planned Community Districts and other non-residential zoning districts : 1. New structures or property development, including signs and sign programs. 2. Building additions, exterior modifications to existing structures including signs and sign programs, and site changes (including, but not limited to, new or modified landscaping, tree removals, fencing, changes to parking lot space striping or circulation); 3 . Changes in property or building use that involve exterior modifications; 4. Exceptions or modifications to the development's required and/or existing parking; 5 . Conditional uses in accord with Chapter 19.60, Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, Chapter 19.92, Chapter 19.96, Chapter 19.128, Chapter 19 .116, Chapter 19 .132, Chapter 19.136. (Ord. 14-2125, § 4 (part), 2014; Ord . 2085, § 2 (part), 2011) 19.12.030 Approval Authority. Table 19 .12 . 030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits. ~ ...... 00 (/J I 0\ \0 Table 19.12.030 -Approval Authori ty Type of Administrative Design Planning City Public Noticing/ Permit or Review Review Commission Council Hearing/ Noticing Decision A, 8 Committee Public Radius 0 Meeting/ Comment Perio d c General Plan Amendment Major F --R F PH CA. Govt. Code 653 50-65362 M inor G --R F PH Zoning Map Amendments Major F --R F PH CA. Govt. Code M inor G R F PH 65853 -6585 7 -- Zoning Text --R F PH CA. Govt. Code Amendments 65853-65857 Specific Plans --R F P H CA. Govt. Code 65350-65362 Developme nt --R F PH CA. Govt. Code Agreements 65867 Development Permits Major F, 11 --FIR A 1/F PM 19 .12 .110/ Minor G F -A 1 A1 PM 300' Conditiona l Use Permits Major F, 11 ·1 F -A1/F/R A1/A2/F PH CA . Govt. Code 65905 Minor G,I F -A1/F/R A 1/A2/F PH Temporary F -A1 A1 -None --·------·- Posted Site Expiration Notice Date E Yes - Yes - Yes - Yes - -- -- Yes - Yes 2 years Yes 2 years Yes 2 years Yes 2 years No 1 year Chapter/ Findings CA. Govt. Co de 65350-65362 19.152 .020 19 .152.030 20 .04 .030 19.144.120 19.156.050 19.156.050 None 19.160.030 ~ .... \0 .... N 0 (;J 0 n .:: 'O ('t, '"'I ..... s· 0 N 0 s· IJCI ~ ~ >-' 00 C/l I °' '° Type of Permit Administrative or Decision A, 8 Review Conditional Use Permits (Cont'd) Density Bonus (Res idential) Adult-Oriented Commercial Activity (CUP) !Architec tu ra l and Site Approval Maj or J F Minor K F !Amendment Maj or F,H - M inor G F Minor F Modific ation Hillsi de - Exception/ Height Exception/ Heart of the City Exception 1 Variance F Design Review Committee - - - - - - - - Table 19 .12 .030 -A pproval Authority (Cont .) Planning City Public Noticing/ Commission Council Hearing/ Noticing Public Radius 0 Meeting/ Comment Period c R F Based on concurrent ap pl ication R F PH CA . Govt. Co de 65905/300' A1 A2 PM 19 .12 .110/ Adjacent A1 A2 ·PM F A1 Varies L Depends on permit being A ' A2 Varies L amended L A' A2 -None F A' PH 19 .12 .110/ 300' A1 A2 PH CA . Govt. Code 65905 ---· -·-----~-------- Posted Site Expiration Notice Date E 19 .52 Yes 2 yea rs Yes 2 years Ye s 2 years Yes 2 years Yes 2 years No 2 years Ye s 2 years Yes 2 years Chapter/ Findings 19.128.030& 19.128 .040 19 .168.030 19.44, 19.144 , 19 .1 56, 19.164 19.164 19.40.080, 19 .24 .070 , 19 .136 .090 19 .156 .060 N t,.) > r "' q ~ ::;· I:! .... '° .... ~ 0 t,.) 0 N 0 ...... 00 (/.l Cl\ \0 Type of Permit or Decision A, 8 !Amendment (Co nt 'd) Status of no n-conforming Use W ireless Antennas 1 Signs Permits Neon, Reader board & Freeway Oriented Signs 1 Programs Except ions 1 Parking Exceptions 1 Fence Exceptions Front Yard Interpretation Administrative Design Review Review Committee -- F - F - -F F - -F F F -F F - Table 19.12.030 -Approval Authority (Cont .) P lanning City Public Noticing/ Commission Counci l Hearing/ Noticing Public Radius 0 Meeting/ Comment Period c F A1 PH 19 .12.11 0/ 300' F/ A 1 A2 Var ies 1 Depends on app li cation type A' A2 -None F A'M PM 19 .12.11 0/ 300' A' A2 -No ne -A'M PM 19.12.11 0/ Adjacent A1 A' L /A2 Var ies N 19.12.110/ Adjacent/ 300' 0 -AIL PM 19 .12 .110/ Adjacent A' A2 PM 19.12.110/ Adjacent Posted Site Expiration Notice Date E Yes - Yes 2 years No 1 year No 1 year No 1 year Yes 1 year Yes 1 year Yes 1 year Yes 1 year Chapter/ Findings 19.140 .110 19.136.090 19.104 19.104 19.104 19 .104.290 19.124.050 19.48.060 19.08 ~ ,_. ~ ,_. N 0 (.;; 0 n C 'O ~ g- o N 0 s· IJCl ~ N 0 ...... 00 en CJ\ \0 Type of Permit or Decision A, 8 R-1 Ordinance Permits Two-story' Minor Residential Exceptions 1 Protected Trees Tree Removal Heritage Tree Designation & Removal Tree Management Plan Retroactive Tree Removal Reasonable Accommodation Administrative Design Review Review Committee F F F - -F F - -- F - F - F - Table 19.12.030 -Approval Authority (Cont.) Planning City Public Noticing/ Commission Council Hearing/ Noticing Public Radius 0 Meeting/ Comment Period c FIA' A' L /A2 Varies 1 19.12.110/ A' A2 CP Adjacent -A'M PM A' A2 CP Adjacent unless exempt F A' PM 19 .12 .110/ 300 ' A1 A2 -None A' A2 -None A' A2 -None Posted Site Expiration Notice Date E Yes 1 year No 1 year Yes 1 year Yes 1 year Yes - No - No - No 1 year Chapter/ Findings 19.28.140 14.18 .1 80 14.18 14.18 14.18 19.52.050 N U\ .... ( en :::; C:> .-,. :5· t:! I-' \0 I-' t,j 0 (.,,l 0 ~ ...... 00 (/) I 0\ \0 Table 19 .U .030 -Approval Authority (Cont.) Type of Permit Administrative Design Planning City Public Noticing/ Posted Site or Decision A, 8 Review Review Commission Council Hearing/ Noticing Notice Committee Public Radius 0 Meeting/ Comment Period c Extensions r Parking , Fence F -A' A2 -None No & Sign Exceptio ns & Front Yard In terpretations Neon , Reader F A' A2 -None No board & Freeway Or iented Signs Two Story F A' A2 -None No Permits, Mi nor Residenti al Permits and Exceptions Tree Removals F -A' A2 --No All other projects F -A' A2 -19 .12.110/ No None For perm its within the Vallco Town Center Zone -see Va llco Town Center Specific P lan KEY : R-Review and recommendation body F -Final decision-maki ng body unless appealed A 1-Ap peal Bo dy on first appeal A2-Appeal body on second appeal PH-Pu blic Hearing PM-Public Meeting CP-Comment Period ~ Expiration Chapter/ Date E Findings 1 year 1 ye ar 1 year 1 year 2 years --·~-- ..... '."° ..... N 0 (.;.) 0 n i: "t:I ('!) .., g- o N 0 s· [IQ N 0\ 27 Administration 19.12 .030 Key: Notes : A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development. B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04 .090. C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting. D . Noticing Radius of an application in a combined application shall correspond to th.e maximum noticing radius required for any one of the applications. E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.) F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units. G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application -for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units. H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty residential units . Planning Commission review for all other applications. I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority. J. Major Archi~ectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where 2018 S-68 review is required and minor modifications of duplex and multi-family buildings. L. Meeting type and noticing are dependent on the underlying permit being modified. M. Appeals of Design Review Committee decisions shall be heard by the City Council. N . Parking Exceptions approved by the Director of Community Development need a comment period. Parking Exceptions approved by the Design Review Committee need a public meeting . 0. Parking Exceptions in Single-family residential (Rl) zones and Duplex (R2) zones need adjacent noticing. All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property. P. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension . (Ord . 18-2177, § 3 (part), 2018; Ord. 18-2175, § 1 (part), 2018; Ord. 17-2165, § 3, 2017; Ord. 17-2162, § 1, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.040 Authority of the Director of Community Development. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Director of Community Development is as follows: A . Grant any permits which are authorized to be issued by the Director pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are reviewed in conjunction with permits which are authorized to be issued by the Director of Community Development pursuant to Section 19.12.030; C . Grant a variance from site development regulations and parking and loading regulations (except those handicapped parking regulations mandated by State law) applicable within any zoning district established by this title; D. Grant a variance from the special conditions of approval that apply to site development and parking and loading regulations (including conditions attached to planned developments) applicable within any zoning district established by this title. E . Grant a request for reasonable accommodation made by any person with a disability, when the strict application of the provisions within residential districts acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. F. Make reasonable interpretations of the regulations and provisions of this title, and any chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commission in writing for review of the interpretation. 19.12 .040 Cupertino -Zoning 28 G . May refer an application to another Approval Body for review, decision or recommendation. (Ord . 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.050 Authority of the Design Review Committee. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Design Review Committee is as follows : A. Grant any permits and exceptions which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.060 Authority of the Planning Commission. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Planning Commission is as follows: A. Grant any permits which are authorized to be issued by the Planning Commission pursuant to Section 19 .12. 030 and any other provisions of this code; B . Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12 .030; C. Make recommendations to the City Council on applications in which it is a recommending body; and D. Decide on appeals of decisions pursuant to Section 19.12 .030. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.070 Authority of the City Council. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows: A. Grant any permits which are authorized to be issued by the City Council pursuant to Section 19 .12.030 and any other provisions of the code; B. Decide on appeals of decisions pursuant to Section 19.12.030 . (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.080 Application Process. Unless otherwise specified in this title, all applications for permits, permit modifications, amendments 2017 S-62 and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following: A . An application for permit may be made by the owner of record, his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application. B. Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project: 1. A complete legal description of the subject property and map showing the location of the property for which the permit is sought; 2 . A preliminary title report of the subject property; 3. The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme; 4. Architectural drawings of the proposed development, building additions or other structures. Drawings shall indicate building height, colors, materials, window treatment and other architectural features; 5. Maps showing the locations of buildings; 6. Renderings showing building heights and square footages; 7. Maps showing the precise location of roads, streets, alleys and access points; 8 . A traffic analysis, if required; 9. A construction plan, 10 . Any property/development with a Homeowner's Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB . 11. The Director of Community Development may reasonably require additional information which is pertinent and essential to the application. 12. Zoning Map or Text Amendments shall also include information required per Chapter 19.152. a . Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19.80.040; b . Zoning applications for Multi-Family (R3) Residential shall also include information required per Section 19 .36.040; and c. Zoning applications for Residential Single-family Cluster (R 1 C) initiated by a property owner, or his or her designee, shall also include items identified in Section 19.44.050H. 13. Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010. ( 19 .16 .010 CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS Section 19.16 .010 19.16.020 19.16 .030 19.16 .040 19.16.050 Zoning districts designated . References to districts . Zoning map and district boundaries. Areas not shown on zoning map. Use and interpretation of zoning map. 19 .16 .060 Application of regulation to sites divided by zone boundaries. 19.16 .010 Zoning Districts Designated. A . The several classes of general districts into which the City is divided are identified in Table 19 .16 . 0 lOA below: Table 19.16.0lOA -Zoning Districts Zoning Map Designation and District Name A Agricultural Zone A-1 Agricultural-Residential Zone R-1 Single-Family Residential Zone R-2 Residential Duplex District R-3 Multi-Family Residential Zone RHS Residential Hillside District RIC Residential Single-Family Cluster Zone P Planned Development Zone CG General Commercial Zone ML Light Industrial Zone BA Public Building Zone T Transportation Zone BQ Quasi Public Building Zone PR Park and Recreation Zone FP PrivateRecreationDistrict 0-A Administrative and Professional Office District OP Planned Office MP Industrial Park OS Open Space 2018 S-69 Chapter Number 19 .24 19 .24 19.28 19.32 19 .36 19.40 19.44 19 .80 19.60 19.72 19 .76 19.76 19.76 19.92 19.96 19.68 19.68 19 .72 19.88 33 B. In addition to the zones identified in Table 19 .16 .0lOA, the City may establish separate zoning districts in individual specific plans adopted to promote the orderly development of the plan area. These zoning districts are identified in Table 19 .16.0lOB below: Table 19.16.0lOB -Specific Plan Districts Zoning Map Designation Heart of the City VTC V allco Town Center Specific Plan Name Heart of the City Vall co Town Center Land uses and development standards within a specific plan zone shall be as prescribed in the specific plan . C. All notations, references, and other information shown in the above-referenced specific plans are incorporated by reference and shall be deemed as much a part of this Title 19 as if the matter and information set forth in the plan were fully described in this chapter. All terms not otherwise defined in a specific plan shall have the meaning set forth in this Title 19. Notwithstanding the provisions or standards set forth in this Title 19, individual specific plans may establish additional or separate provisions and standards for said plan area,· including, without limitation, standards for: regulating physical development, granting greater density bonuses than otherwise required, requiring below -market-rate housing production, and processing of subsequent applications. In the event of a conflict between the terms, conditions, requirements, policies, or other provisions of a specific plan and this Title 19, the specific plan shall take precedence. (Ord . 18 -2177 , § 3 (part), 2018; Ord . 2085, § 2 (part), 2011; Ord. 1601, Exh . A (part), 1992) 19.16.020 References to Districts. Reference within the title to residential districts generally and as a grouping , includes all districts identified in the section . Where references are made to more restrictive or less restrictive residential districts, such references shal l apply sequentially between the most restrictive and the least restrictive. 19 .16.020 Cup ert ino -Zoning 34 Residential District RHS RIC R-1 R-2 R-3 Restrictive Reference Most restrictive Least restrictive (Ord. 2085 , § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.16.030 Zoning Map and District Boundaries. A . The boundaries of districts established by this title shall be shown upon the zoning map . The zoning map, and all amendments, changes, and extensions thereof, and all legends , symbols, notations, references, and other matters shown thereon shall be a part of this title. B. The zoning map, as currently effective, and a record of all amendments, changes and extensions thereof, shall be maintained as a public record in the office of the Director of Community Development. C. The boundaries of each district as shown upon the zoning map, or amendments thereto, are adopted by the ordinance codified in this title, and the specific regulations established by this title for each general district and all other regulations applicable therein as set forth in this title are established and declared to be in effect upon all lands included within the boundaries of each and every district as shown upon the zoning map . (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.16.040 Areas Not Shown on Zoning Map. All lands now or hereafter included within the incorporated territory of the City, which are not included within a general district shown on the zoning map of the City or are not shown as prezoned to a general district in accord with applicable provisions of this title, shall constitute R-1 single-family residence districts. (Ord. 2085, § 2 (part), 2011; Ord . 1601, Exh. A (part), 1992) 19.16.050 Use and Interpretation of Zoning Map. The following rules shall apply in the determination of the boundaries of any district shown on the zoning map: A. Where boundaries are indicated as approximately following street and alley lines, or other identifiable boundary lines, such lines shall be construed to be the district boundary. Where such boundaries are indicated as 2018 S-69 within street or alley lines, or within identifiable rights-of-way or creeks, the centerline ther eof shall be the district boundary. B. In unsubdivided property, and where a district boundary divides a lot, the location of the district boundary, unless the same is indicated by dimensions , shall be determined by use of the scale appearing on the zoning map . C . A symbol, or symbols, indicating th e classification of property on a zoning map shall in each instance apply to the whole of the area within the district boundaries . D . Where a public street, alley or right-of-way is officially vacated or abandoned, the regulations applicable to this abutting property shall apply equally to each half of such vacated or abandoned street, alley or right-of-way . E. Should any uncertainty remain as to the location or meaning of a boundary or other feature indicated upon a zoning map, said location or meaning shall be determined by the Director of Community Development. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19 .16.060 Application of Regulation to Sites Divided by Zone Boundaries. Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply to each portion of this site situated in a separate district . (Ord. 2085, § 2 (part), 2011; Ord. 1601 , Exh. A (part), 1992) 20.04 .0 10 CHAPTER 20.04: SPECIFIC PLANS Section 20 .04 .010 20 .04.020 20.04 .030 20.04.040 20.04 .050 20 .04.060 Purposes . Applicability of specific plan regulations. Preparation, adoption and arnendnlent-R.epeal . Zoning district applicable to a specific plan . R.equired contents of a specific plan. Specific plan fees. 20.04.010 Purposes. A . A specific plan is intended to provide a means of guiding land development or redevelopment of the City that is uniquely suited for planned coordination of land uses and to provide for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations and community design objectives. B. A specific plan is intended to encourage variety in the development pattern of the City, to promote a more desirable living environment, to encourage creative approaches in land development, to provide a means of reducing the amount of improvements required in development through better design and land planning, to conserve natural features, to facilitate a more aesthetic and efficient use of open spaces, and to encourage the creation of public and private common open space. C . This chapter is intended to implement Article 8 of the California Government Code regarding the adoption and administration of specific plans. (Ord. 1664 , § 1 (part), 1994) 20.04.020 Applicability of Specific Plan Regulations. No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered, or demolished in any area of the City which is governed by a specific plan except in accordance with the provisions set forth in this chapter . (Ord. 1664, § 1 (part), 1994) 2018 S-69 5 20.04.030 Preparation, Adoption and Amendment- Repeal. A specific plan shall be prepared, adopted and amended in the same manner as is provided in the California Government Code for the preparation, adoption and amendment of general plans, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed appropriate by the City Council. A specific plan may be repealed in the same manner as it is required to be amended. (Ord. 1664, § 1 (part), 1994) 20.04.040 Zoning District Applicable to a Specific Plan. The zoning for all areas governed by a specific plan shall be identified in Chapter 19 .16 of the City's Municipal Code, and all regulations governing land use approvals in a specific plan area shall be as identified in that individual specific plan. A proposal for a specific plan may be combined with any application for land use entitlements in the City. (Ord. 18-2177, § 3 (part), 2018; Ord. 2073, Exh. 3 (part), 2011 ; Ord. 1664, § 1 (part), 1994;) 20.04.050 Required Contents of a Specific Plan. A. A specific plan shall include a text and a diagram which describe all of the following: 1. The distribution, location and extent of the uses of land, including open space, within the area covered by the plan. 2 . The proposed distribution, location, extent and intensity of major components of public and private transportation., sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan . 3 . Standards and criteria by which development will proceed, and standards for the conversion, development and utilization of natural resources, where applicable . 4 . A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out subsections Al, 2 and 3. 5. Any other information deemed appropriate by the Director of Community Development, the Planning Commission or the City Council . 20.04.050 Cupertino -Gene ral and Specific Plans B . The specific plan shall include a statement of the relationship of the specific plan to the general plan . (Ord. 1664, § 1 (part), 1994) 20.04.060 Specific Plan Fees. A . A fee shall be imposed to recover the costs associated with the preparation, adoption and administration of a specific plan. Said fee shall be payable upon issuance of a building permit for new construction for a project located in an area governed by a specific plan. New construction means : 1. Construction of new square footage; or 2. Reconstruction or remodeling of existing space which houses a land use which would require the issuance of a conditional use permit under the City's planned development zone ordinance. B. In the event that a project consists of new construction which is twenty-five percent or less of the maximum square footage allowed on the site, the Director of Community Development may, in his/her discretion, defer payment of all, or a portion of, the fee until such time as the accumulated total of new construction exceeds twenty- five percent of the maximum allowable square feet on the site at which time the full amount of the fee is due and payable. C. Said fee above described is calculated as follows: Where: A= M= b= n= 2018 S-69 Repl. Fee= A[M(l+bn)] Number of gross acres in a development project measured to the center line of each adjoining street. The City's average cost per acre of preparing a specific plan (including EIR costs). The annual inflation rate as determined by a recognized inflation index (lffor example, the annual inflation rate is 6 % , then 6=0.06) Number of years since the year of specific plan adoption . (Ord. 1664, § 1 (part), 1994) 6 ( 45 Comprehensive Ordinance List ( Ord. No . Ord. No. 16-2157 Amends§ 19.08 .030 regarding 17-2166 Amendments to zoning map change definitions ( 19 . 08) (Not Codified) 16 -2158 Amends Ch . 8 .07 and Table 19 .20.020 17-2167 An interim urgency ordinance regarding beekeeping (8. 07, 19. 20) extending Ordinance 16 -2153 and a 16-2159 Amends §§ 19 .08 .030, Table temporary moratorium on non-medical 19.20.020 , 19 .24.040, 19.52 .020, and marijuana dispensaries, marijuana Ch. 19 .112 regarding accessory cultivation and cultivation facilities, dwelling units (19.20, 19 .24, 19 .52 and commercial cannabis activities and 19 .112) marijuana transport and deliveries 16-2160 An interim urgency ordinance pending completion of an update to the establishing a temporary moratorium on zoning code (Not Codified) non-medical marijuana dispensaries, 17 -2168 Add Ch . 14 .02, Transportation Impact marijuana cultivation and cultivation Fee Program (14 .02) facilities, commercial cannabis activities 17-2169 Adds Ch . 10 . 84, amends§ 19.08 .030, and marijuana transport and deliveries and repeals and replaces Ch . 19.98, pending completion of an update to the regarding medicinal and adult use of zoning code (Not Codified) marijuana (10.84, 19.08, 19 .98) 17-2161 Amends§§ 11.08 .160 and 11.08 .180 17-2170 Amends §§ 19.08.030 and 19.112 .020, regarding restrictions on bicycles title of Ch. 19 .112, and Table (11.08) 19 .112.030, regarding accessory 17-2162 Amends Table 19.12.030, dwelling units in R-1, RRS and A-1 §§ 19 .12 .080, 19 .12 .090, 19.12.110, zones (19.08, 19.112) Tables 19.20 .020, 19 .28.040, and 18-2171 Amends § 2.80 .010, regarding the ( § 19.28.050 regarding zoning Fine Arts Commission (2.80) administration, permitted and 18-2172 Add Ch . 10.05 , Social Host conditional uses, and single story Responsibility (10 .05) overlay district process (19 .12, 19 .20, 18-2173 Amends § 2.48.020 and adds 19.28) § 2.48.040 regarding the Department 17-2163 Amends 11.27 .145 regarding of Public Works (2.48) preferential parking zones (11. 27) 18-2174 Amends§§ 3.12.010 through 3.12 .030 17-2164 Amends§§ 16 .72.010 through and 3.12.050 through 3 .12.140 16.72 .070 regarding recycling and regarding transient occupancy tax diversion of construction and demolition (3.12) waste (16. 72) 18-2175 Amends Table 19 .12.030 and Ch. 17-2165 Amends §§ 9 .22 .010 through 9.22.050, 19.148 regarding required artwork in 19.08 .030, 19.12 .030, 19 .12.080, public and private developments 19.12.100, 19 .12.110, 19.24.050, (19.12, 19 .148) 19 .28 .070, 19 .36 .070, Tables 18-2176 Amends § 11.27 .145 regarding 19.40 .050, 19.40 .060, 19.60.030, and preferential parking zones (11.27) 19.64.020, and 19 .112 .030 , and 18-2177 Amends §§ 19 .12.030, 19.16.010 , and §§ 19.116.030 through 19.116.060 20 .04 .040 regarding adoption and regarding property maintenance, implementation of V allco Town Center administration, accessory dwelling Specific Plan (19.12, 19.16, 20 .04) units, definitions , agricultural and 18 -2178 Rezone (Special) agricultural-residential zones, 18-2179 Approves development agreement multiple-family residential zones, between city and Vall co Property residential hillside zones, general Owner, LLC (Special) 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) 2018 S-69 Cupertino -Comprehensive Ordinance List 46 (