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PC Packet 11-27-2018CITY OF CUPERTINO AGENDA C U P E RT I N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber Tuesday, November 27, 2018 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Draft Minutes of September 4, 2018 Recommended Action: approve or modify the Draft Minutes of September 4, 2018 Draft Minutes of September 4, 2018 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. PUBLIC HEARINGS 2. Subject: Municipal Code Amendment to Title 19: Zoning, of the Cupertino Municipal Code to regulate Short -Term Rental uses in single-family residential zoning districts. Application No(s).: MCA -2018-02; Applicant(s): City of Cupertino; Location: Citywide Page 1 Planning Commission AGENDA November 27, 2018 Recommended Action: That the Planning Commission adopt a Draft Resolution recommending that the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2. Adopt an ordinance to regulate Short Term Rental Activity Tentative City Council hearing date: December 18, 2018 Staff Report 1 - Draft Resolution - MCA -2018-02 2 - Comparison Chart STR Regulations 3 - Redline document indicating changes to 19.08, 19.12, 19.20, and 19.1 4 - Online Community Survey Summary 5 - Public Outreach Meeting Summau OLD BUSINESS NEW BUSINESS STAFF AND COMMISSION REPORTS ADJOURNMENT Page 2 Planning Commission AGENDA November 27, 2018 If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next Planning Commission meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, Planning Commission meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08. 100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the Planning Commission concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to Page 3 Planning Commission AGENDA November 27, 2018 address the Planning Commission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 4 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING DRAFT MINUTES, September 4, 2018 PLEDGE OF ALLEGIANCE At 5:30p.m Chairperson Paulsen called to order the special Planning Commission meeting in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. 12nIrT f ATT Present: Chairperson Geoff Paulsen, Vice Chairperson Takahashi and Commissioners David Fung, Don Sun, and Jerry Liu. Absent: None APPROVAL OF MINUTES 1. Subject: Draft Minutesof August 14, 2018. Recommended Action: Approve or modify the Draft Minutes of August 14, 2018 Moved by Fung and seconded by Liu to approvethe minutes as written. The motion carried 5-0-0. POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: Rhoda Fry —annexation of Lehigh Cement Plant Kelly Richards — Item #2 Phyllis Dickstein —item #2 Jennifer Griffin —new hotel construction at Stern and Stevens Creek Cathy Helgerson —pollution from Lehigh Cement Plant Ken Lee—car pollution, housing density Ignatius Ding —item #2 WRITTEN COMMUNICATIONS: Communications and emai Is were received regarding Item #2 CONSENT CALENDAR: None PUBLIC HEARINGS: 2. Subject: Consider adoption of the Vallco Town Center Specific Plan and associated amendmentsto the General Plan, Zoning Map, Municipal Code, to modify development standards, including heights, density, and residential, commercial, office, and hotel development allocationswithin theVallco Town Center Special Area and related actions for environmental review to consider the effects of the project; and consideration of a Development Agreement with Vallco Property Owner, LLC for the property located at 10101 to 10333 N Wolfe Road in the City of Cupertino. Application No(s): GPA -2018-02, Z-2018-01, SPA -2017-01, MCA -2018-01, DA -2015-02 (EA -2017-05; Applicant(s): City of Cupertino (Specific Plan, General Plan Amendments, Zoning, Municipal Code Amendments and Environmental Review) and Vallco Property Owner, LLC (Development Agreement); Location: 10101 to 10333 N Wolfe Road APN# 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-106, 316-20-104, 316-20- 088, 316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095) Recommended Action: That the Planning Commission adopt the draft resolutions to recommend that the City Council: 1. Certify the Final Environmental Impact Report (FEIR), adopt CEQA findings, astatement of overriding considerations and a Mitigation Monitoring and Reporting Program; 2. Adopt the General Plan amendments required to implement the Specific Plan; 3. Adopt the proposed Vallco Town Center Specific Plan, and associated clarifying/supplemental language; 4. Adopt Municipal Code text amendments; 5. Adopt Zoning Map amendments; and 6. Approve proposed Development Agreement between the City and Vallco Property Owner, LLC Senior Planner, Catarina Kidd and Principal Planner Piu Ghosh reviewed the Staff Report and answered questions from the Commissioners. Representatives from the project consulting teams: Judy Shanley, David JPowers; Dan Parolek, OpticosDesign; Franziska Church, Fehr & Peers; and Gerald Ramiza, Burke, Williams & Sorenson, reviewed the project and answered questionsfrom the Commissioners. Reed Moulds, Managing Director, Sand Hill Property Company, read a statement on behalf of theownership of theVallco Mall property to the Commissioners. Chair Paulsen opened the public comment period and thefollowing individual(s) spoke: ,bhn M uskivitch Cathy Helgerson Dale Jenkins Greg Schaffer Jennifer Griffin Jean Cohen, UA Local 393 Donna Austin Jan Stokley, Housing Choices Richard Schuster, Housing Choices M i ke Dobrota, Costco David Meyer, Silicon Valley at Home Sujatha Venkatraman, West Valley Community Services Jennifer Shear in Neil Struthers Bob Stromberg, Destination: Home Kinjal Buch Sundari Suresh K Suresh J.R. Fruen EddieTruong, The Silicon Valley Organization Jean Bed ord Su zan n e Scl ar Sophia Badillo Andrew Walters, Chamber of Commerce Robert Brown A I D i Fran cesco Hannah Follweiler Pam H ersh ey Lisa Warren Kitty Moore Jeonghee Yi Winston Shiah Kelsey Banes Tessa Parish D an essa Tech m an sk i Chair Paulsen closed the public comment period Moved by Com. Fung, second by Com. Sun, and carried 5-0-0 to approve Application No.(s) EA -2017-05 per the Draft Resolution. Moved by Com. Fung, second by Com. Sun, and carried 4-0-1 (Liu voting no) to approve Application No.(s) GPA -2018-02 with revisions to the Draft Resolution: M ake corrections to Table LU -11, Citywide allocations totals; Create "Tier 1.5" with Tier 2 housing, les office and reduced community benefits with the priority: 1) CUSD, 2) FUHSD, 3) 20% BMR including 40 ELI, 4) Traffic contribution, 5) City Hall, 6) PAC; Amend strategy LU -19.1.2 to allow am ix of rental, ownership and affordable housing Moved by Com. Fung, second by Chair Paulsen, and carried 5-0-0 to approve AppIication No.(s) Z-2018-01 per the Draft Resolution. Moved by Com. Fung, second by Vice Chair Takahashi, and carried 4-0-1 (Liu voting no) to approve Application No.(s) SPA -2017-01 with revisionsto the Draft Resolution: Consider creating Tier 1.5asdescribed above Moved by Com. Fung, second by Chair Paulsen, and carried 5 -0 -Oto approve Application No.(s) MCA -2018-01 per the Draft Resolution. Moved by Com. Sun, second by Com. Fung, and carried 4-0-1 (Liu voting no) to approve Application No.(s) DA-2015-02with revisionsto the Draft Resolution: Clarify litigation challenge; Changes related to priorities to Community Benefits; Changes related to address Tier 1.5 and commensurate community benefits OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: N one REPORT OF THE PLANNING COMMISSION: N one ADJOURNMENT: The meeting was adjourned at 12:10am to the next regular Planning Commission meeting on September 11, 2018 at 6:45 p.m. Respectfully Submitted: /s/Beth Ebben Beth Ebben, Deputy Board Clerk CUPERTINO Su b ect COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org PLANNING COMMISSION STAFF REPORT Meeting: November 27, 2018 Municipal Code Amendments to Title 19: Zoning of the Cupertino Municipal Code to regulate Short -Term Rental uses in single-family residential zoning districts; (Application No(s): MCA -2018-02; Applicant(s): City of Cupertino; Location: Citywide). Recommended Action That the Planning Commission adopt a Draft Resolution (Attachment 1) recommending that the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2. Adopt an ordinance to regulate Short Term Rental Activity nicriiecinn Background: Short term rental (STR) activity is currently allowed as a Home Occupation per Chapter 19.120 (Home Occupations) of the Municipal Code, upon obtaining a business license, payment of Transient Occupancy Tax (TOT), and if thefollowing regulations are met: ■ The property owner or property leaseholder must bethe primary resident at the property and be onsite during the lease period. ■ The number of transient guests must be limited to two (2) or fewer. ■ All transient rentals must bean incidental use. In early 2018, the Council passed a resolution to enter into an agreement with AirBnb, oneof the more prominent STR platforms, for collection of TOT. In conjunction with this, as part of the FY 2018-19 Work Program, the Council requested that a regulatory framework for STRs be developed. At its June 19, 2018 Council meeting, the Council reiterated its interest in creating a regulatory program for short term rentalswith review by the Planning Commission. MCA -2018-02 Short Term Rental Regu I ati ons (Ci tyw i d e) November 27, 2018 Page 2 The Planning Commission provided guidance to staff on potential STIR regulations at a study session held on July 24, 2018. The general direction was to allow STRs while protecting the long-term housing stock and preserving the quality of life for residents. Planning Commission also suggested that an online community survey regarding short- term rental regulations be conducted. The survey was made availableto the publicfrom August 8th through August 26th. Additionally, a Public Outreach meeting was held on October 4th, 2018. Detailsfrom the publ ic outreach is discussed further in this staff report. The regulations in other jurisdictions that have implemented STIR regulations were also examined (see Attachment 2). They indudethe followingjurisdictions: ■ Berkeley ■ Mountain View ■ Santa Clara ■ Sunnyvale ■ Gilroy ■ Milpitas ■ Los Gatos ■ Cam p bel I ■ Saratoga ■ Los Altos HilIs ■ Pacific Grove ■ Boulder Creek ■ Pasad en a ■ Morgan Hill ■ Newark ■ Palo Alto ■ San Jose ■ Union City ■ San Francisco ■ Sonoma County The proposed draft regulations have been informed by input from the Planning Commission, the community, STIR operators and the best practices from other jurisdictions (see Attachment 3). Analysis: Proposed Short Term Rental Regulations: Short term rentalswill continueto beallowed asa homeoccupation in residential single- family zones. These zones include A, A-1, R-1, RHS, R1C, and Planned Development Zoneswhich allow singlefamily uses (not multifamily uses). Standards: In addition to complying with the home occupation standards of CMC Section 19.12.030,theproposed ordinance includesthefollowing regulations. Referencesto other jurisdictions with a similar regulation is indicated in italics. Staff also requests the Planning Commission's input for someof theareasof regulation highlighted in bold. 1. No commercial use and or special uses such as weddings, corporate events, and partiesallowed to minimize impactsto thecommunity (Pasadena). 2. Hosted stays, wherethe host is present, are proposed to be allowed to occur with no limitation on the number of days. Un -hosted stays, where the host is not present, are proposed to be li mited to 60 days per calendar year (Berkeley, Pasadena, and San Jose). Does the Planning Commission suggest different limitations? MCA -2018-02 Short Term Rental Regulations (Citywide) November 27, 2018 Page 3 3. Only allow one (1) short term rental agreement per night for a location to ensure that impacts are minimized (Los Altos). 4. Limit allowed number of guests to a maximum of two (2) times the number of bedrooms in the structure in which the short term rental isoccurring (depending on whether principal dwelling unit or accessory dwelling unit is used) with an additional two (2) guests to allow a reasonable number of guests (Berkeley, San Francisco, Sunnyvale, Pacific Grove, Pasadena, and San Jose). Does the Planning Commission suggest a different limitation on the total number of guests? 5. The site must have the minimum parking spaces available as required by the zoning district in which it is located to ensure adequate parking is available to support the use (Los Altos Hills, San Jose, Pasadena, and Pacific Grove). Does the Planning Commission suggest a different parking standard? 6. All short term rental activity must occur in legally permitted habitable spaces, i.e., not in balconies, uninhabitable spacesor tentsetc. to ensureguest safety (Los Altos Hills Sunnyvale, and Pasadena). 7. Hosts must prepare and provide a manual with details on regulations such as noise, trash collection, and vehicle parking to all guests (Sonoma County). 8. All listings must include the City's short term rental permit number to facilitate code enforcement efforts (Berkeley, Pacific Grove, Boulder Creek, and San Francisco). Application and Review: An annual permit for all short term rental activity is proposed to allow documentation, review and permitting for such activity. An annual review also allows for effective prevention of short term rental activity not conducted in a manner compliant with the proposed regulations. The cities of Berkeley, Pacific Grove, Pasadena Sunnyvale, and San Francisco require short term rentalsobtain ashort term rental permit. Among other application requirements, an applicant must provide: 1. Proof of residency to confirm that the residence is the host's primary residence (Berkeley, Los Altos Hills, Pasadena, Sunnyvale, San Francisco, San Jose.) 2. For tenants, authorization from the property owner or the property owner's authorized agent to conduct short term rental activity (not specified). 3. A local contact who may respond to complaints and other requests in a timely fashion. (Berkeley, Sunnyvale, San Jose Pasadena and Pacific Grove). The local contact isrequired to respond to complaintsregarding theshort term rental activity within sixty (60) minutes, and beableto take necessary steps/action to resolve complaints (Berkeley, San Jose and Pacific Grove). 4. Consent to inspection(s) to ensure compliance with the City's regulations (N/A). 5. Identification of a designated parking stall for the short term rental on a site plan (Los Altos Hills, San Jose, Pasadena and Pacific Grove). MCA -2018-02 Short Term Rental Regulations (Citywide) November 27, 2018 Page 4 A short-term rental permit may be approved if it is found that: 1. All required information has been provided 2. There are no existing violations of the Cupertino Municipal Code. 3. A determination has been made that the short term rental is not a public nuisance or threat to the public health, safety, or welfare. Appeals of a decision to approve or deny a permit may be heard by the Planning Commission. An appeal of that decision may beheard by the City Council. Revocation: In order to ensure prompt response from the City in the event of continued violationsof the M unicipal Code, or a public nuisance, a short term rental permit may be revoked with an opportunity to contest such a determination via written revocation written proceedings subject to the requirements of CMC Section 19.12.180 (D). The decision to revoke a permit may be appealed to the City Manager and then by the City Council. The cities of Berkeley, Los Altos Hills, Pacific Grove, Pasadena, San Francisco, and Sunnyvale include regulationsto revoke short term rental permits. Local Contact(s): The City shall maintain a list of permitted short term rentalsthat includes the" Local Contact" contact information to ensure avai labi I ity of this information to allow prompt response in the event of complaints. Other changes to Title 19: Among the other changes in Title 19, changes have been made to correct references, propose clarifying definitions, and correct grammar. In addition, an amendment is proposed tothedefinition of "Hotels" to simplify thedefinition. Noticing and Community Outreach Thefollowing noticing has been conducted for this meeting: Notice of Public Hearing, Site Notice Agenda & Legal Ad ■ Legal ad placed in newspaper ■ Posted on the City's official notice (at least 10 days prior to hearing) bulletin board (five days prior to hearing) ■ Display ad placed in newspaper ■ Posted on the City of Cupertino's Web (at least 10 days prior to hearing) site(five days prior to hearing) Staff conducted an online community survey regarding short term rental regulations from August 81" through August 26t". The results of the online community survey are presented in Attachment 4. In total, thesurvey received 140 responses, with 97.1%of the responses coming from Cupertino residents. Key takeaways from the survey included concerns using properties as short term rental rather than long-term rentals, willingness MCA -2018-02 Short Term Rental Regu I ati ons (Ci tyw i d e) November 27, 2018 Page 5 to allow short term rental operatorsto usetheir primary residencefor short-term rentals, and parking restrictions. In addition to the community survey, staff held an outreach meeting on October 4t" to receive input on the proposed preliminary draft regulations. A post card was sent to all addresses (approximately 25,000 post cards) in Cupertino to notify of the outreach meeting. The outreach meeting was attended by 26 people. A majority of the people in attendance were short term rentals operators. Attachment 5 includes a summary of the comments received from theoutreach meeting. Key itemsof interest concernswith "over regulation," maximum occupancy, parking regulationsand concernswith bad behavior. Thesurvey indicated that many of the respondents appeared to becommunity members that wished to see more regulation for short term rental activity. The attendees at the outreach meeting indicated a preference for fewer regulations by citing that there have been very few complaints regarding this activity and it is self-regulating process since the guests have an opportunity on some of the platforms for rate the operator and the ST R. Thepreliminary draft regulationswere refined with input from theonlinesurvey and the outreach meeting in several topic areas such as: ■ Parking ■ Enforcement Hosted vs. ■ Length of stay(s) ■ Number of guests Unhosted stays ■ Outreach ■ Regulations Environmental Review The Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the Ordinance amending Title 19oftheMunicipal Code imposesadmi nistrative regulations related toshortterm rentals that have no potential for resulting in a physical change in the environment, either directly or ultimately, and therefore pursuant to CEQA Guidelines section 15060(c)(3) no environmental review isrequired. Further in theevent that this Ordinance isfound to be a project under CEQA, it isexempt from environmental review under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the Ordinance's administrative regulations of short term rentals will have no possibility of a significant effect on the environment, and under CEQA Guidelines section 15305, because the Ordinance involves minor alterations in land use limitationsthat do not alter permitted uses or density. Other Municipal Code Amendments The City encourages enforcement before revoking/disallowing any activity to allow a permittee or property owner the opportunity to comply with the City's regulations. It is MCA -2018-02 Short Term Rental Regu I ati ons (Ci tyw i d e) November 27, 2018 Page 6 anticipated that by relaxing regulations regarding short term rental activity and making it easier for operators to conduct such activity, issues related to Code Enforcement may arise. In order to ensure that a violation of the code or a public nuisance is addressed promptly for thewelfareand safety of neighbors, concurrent modifications are proposed to Chapters 1.09, 1.10 and 1.12 in Title 1: General Provisions. These are intended to streamline implementation of the City's regulations and ensure prompt response to violations. The amendments would allow simplification of the language, streamlining implementation, elimination of duplicate language and improvement of internal consistency. However, since the Planning Commission is not authorized review of changes in Title 1, these have not been presented at this time. These modifications will be presented to the City Council for its consideration, as a package with the Planning Commission's recommendation on the STR regulations. Sustainabilitv Impact No sustainability impact. Fiscal Impact Implementation of the Short Term Rental Permit program will require permit fee. A fee will be recommended to the City Council based on the actual cost of providing this serviceand the fee schedule will beamended accordingly. In addition, to adequately enforcethe new regulatory program, an annual contract with a third -party to monitor the program and additional code enforcement staff may be required. The additional TOT revenue generated from STRs may cover some of these costs. This will be presented to the City Council for its decision. It should be noted that some attendees (STR operators) at the outreach meeting were skeptical about this approach. They indicated that it wastheir belief that third -party codeenforcement might be motivated to find municipal code violations as a way to bolster revenues. However, any such an agreement would be negotiated to ensure that the City's goals are reflected and compensation would be appropriately structured pending direction from Council. Next Steps The recommendations made by the Planning Commission will beforwarded to the City Council for consideration. Upon a final decision by the City Council, the ordinance will need a second reading at a subsequent hearing. The ordinance will be effective 30 days after the second reading. MCA -2018-02 Short Term Rental Regu I ati ons (Ci tyw i d e) November 27, 2018 Page 7 Prepared by: Katy Nomura, Senior Management Analyst Erick Serrano, Associate Planner Phillip Willkomm, Senior Code Enforcement Officer Reviewed by: Piu Ghosh, Principal Planner Approved for Submission by: Benjamin Fu, Assistant Dir. of Community Development Attachments: 1. Draft Resolution of the Planning Commission recommending adoption of the Draft Ordinance. 2. Comparison of Jurisdictions Short Term Rental Regulations 3. Redlinedocument indicating changesto 19.08. 19.12., 19.20, and 19.120. 4. Online Community Survey Summary 5. Public Outreach Meeting Summary CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OFTHEPLANNING COMMISSION OFTHE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVEAN ORDINANCE OFTHECITY COUNCIL OFTHECITY OFCUPERTINO AMENDING SPECIFIED CHAPTERSOF TITLE 19, ZONING, OF THE CUPERTINO MUN ICI PAL CODE CHAPTER 19.08 (DEFINITIONS), CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED, CONDITIONAL AND EXCLUDED USESIN AGRICULTURALAND RESIDENTIAL ZONES, AND CHAPTER 19.120 (HOME OCCUPATIONS), TO ALLOW SHORT TERM RENTAL USESIN SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS The Planning Commission recommends the City Council: 1. Find that the Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the Ordinance amending Title 19 of the Municipal Code impose administrative regulations related to short terms rentals that have no potential for resulting in a physical change in the environment, either directly or ultimately, and therefore pursuant to CEQA Guidelines section 15060(c)(3) no environmental review is required; and further find that in the event that this Ordinance is found to be a project under CEQA, it is exempt from environmental review under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the Ordinance's administrative regulationsof short term rentals will have no possibility of a significant effect on the environment, and under CEQA Guidelines section 15305, because the Ordinance involves minor alterations in land use limitations that do not alter permitted uses or density; and 2. Adopt the proposed Ordinance, with the findings reflected in the proposed Ordinance, which the Planning Commission makesasthough set forth in their entirety in this Resolution, in substantially the form as shown in said Exhibit entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SPECIFIED CHAPTERS OF TITLE 19, 1 ZON ING, OFTH E CUPERTINO MUNICIPAL CODE CHAPTER 19.08 (DEFINTIONS) CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES, AND CHAPTER 19.120 (HOME OCCUPATIONS), TO REGULATE SHORT TERM RENTAL USES IN SINGLE FAMILY RESIDENTIAL ZONING D I STRI CTS PASSED AND ADOPTED this 27th day of November 2018, at a Regular Meeting of the Planning Commission of the City of Cupertino, Stateof California, by thefollowing roll call vote: AYES: COMMISSIONERS: N OES: COM M ISSI ON ERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Benjamin Fu Assistant Community Development Director -2- APPROVED: Don Sun Chair, Planning Commission Draft Ordinance No. 18-XXXX AN ORDINANCE OFTHECITY COUNCIL OF TH E CITY OF CUPERTINO AMENDING SPECIFIED CH A PTERS OF TITLE 19, ZONING, OF THE CUPERTIN0 M U N ICI PAL CODE CHAPTER 19.08 (DERN ITIONS), CHAPTER 19.12 (A DMINSTRATI ON), CHAPTER 19.20 (PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES, AND CH A PTER 19.120 (H OM E OCCU PATI ON S), TO REGU LATE SH ORT TERM REN TA L USESIN SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS WHEREAS, on July 24, 2018, Planning Commission provided staff guidanceon potential short term rental regulations; WHEREAS, from August 8, 2018 through August 26, 2018, staff made an online survey regarding short term rental regulations availableto the public; WHEREAS, a community meeting was held on October 4, 2018 to allow the public an opportunity to review and receive comments on the preliminary draft regulations; WHEREAS, thefollowing public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, and the Planning Commission held a public hearing on November 27, 2018 to consider the Ordinance; and WHEREAS, with Resolution No. XXXX the Planning Commission has recommended on a X -X vote that the City Council adopt the Ordinance amending the Municipal Code in substantially similar form as presented in Planning Commission Resolution No. XXXX; and WHEREAS, on December 18, 2018 upon due notice, the City Council hasheld at least one public hearing to consider the Planning Commission's recommendation and the Ordinance; and WH EREAS, the City Council isthedecision-making body for this Ordinance; and WH EREAS, based on substantial evidence in the administrative record, the City Council findsthat this Ordinance is determined to be not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the Ordinance amending Title 19 of the Municipal Code impose administrative regulations related to short term rentals has no potential for resulting in physical change in the environment, either directly or ultimately, and therefore, pursuant to CEQA Guidelines section 15060(c)(3), no environmental review isrequired. In the event that this Ordinance isfound to be project under CEQA, the City Council further finds, based on substantial evidence in the record, that the Ordinance is exempt from environmental review under 3 CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the Ordinance's administrative regulations of short term rentalswill have no possibility of a significant effect on theenvironment, and under CEQA Guidelinessection 15305, because the involves minor alterations in land use limitationsthat do not alter permitted uses or density. WH ERAS, the City Council finds the following with regard to this application: 1) That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan. The Ordinance does not change any zoning designations, but rather it modifies Title 19 to create standards for regulation of Short Term Rental activity as an expressly permitted use in designated zones. The proposed amendments do not render existing provisions of the Municipal Code inconsistent with those proposed. The proposed regulations will further the City's General Plan Goal LU -8: "Maintain a fiscally sustainable city government that preserves and enhances the quality of life for its residents, workers and visitors." Short-term rentals that operate in the City will be required to obtain necessary permits and licensing, and will be required to collect Transient Occupancy Taxes for all short term rental stays. Additionally, the proposed ordinance is consistent with General Plan Policy LU -8.2: Land Use — Encourage Land uses that generate City revenue. Again, by allowing for short term rentals to operate within the City, the City will be able to generate revenue from necessary permits, licensing, and Transient Occupancy Tax. Further, by providing regulations which would allow this use to occur while limiting adverse impacts, the ordinance is consistent with General Plan Strategies: LU -27.1.1: "Regulation Maintain and update design regulation and guidelines for single-family development that address neighborhood compatibility and visual and privacy impact." 2) The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately, and further find that in the event that this Ordinance is found to be a project under CEQA, it is exempt from CEQA review under CEQA Guidelines sections 15061(b)(3) and 15305. 3) The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absenceof physical constraints) for therequested zoning designation(s) and anticipated land usedevelopment(s). Not applicable. The proposed ordinance changes does not propose any physical change in the environment or affect any development standards for physical development, and the uses it authorizes are consistent with existing residential activities in permitted zones. 4) The proposed zoning will promote orderly development of the City. By creating regulations for short term rentals and limiting areas where such activity may occur, the ordinance will promote orderly development in the City. 5) That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfareof personsresiding or working in theneighborhood of subject parcels. The proposed ordinance provides regulation to maintain the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels by providing regulations that limit adverse impacts of short term rental activity. The proposed ordinance incorporates regulations and enforcement options pertaining to occupancy, parking, noise, and allows for the possibility of revocation of permits if the activity is determined to be conducted inconsistent with the City's Municipal Code. 6) Thep roposed amendments are internally consistent with this title. All necessary chapters and section of the Title 19 have been amended to ensure internally consistency with the proposed regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 19.08.030"Definitions", of Chapter 19.08 of Title 19 of the Cupertino Municipal Code is hereby amended to read asfollows: 19.08.030 Definitions. Throughout this title the following wordsand phrasesshall have the meanings ascribed in this section. A. "A" Definitions: "Abandon" meansto cease or discontinue use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging afacility, or during normal periods of vacation or seasonal closure. "Abutting" means having property or district lines in common. "Accessory building" means building which is incidental to and customarily associated with a specific principal use or facility and which meets the applicable conditions set forth in Chapter 19.100, Accessory Buildings/Structures. "Accessory structure" means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping -5- quarters. Exam plesincludeadeck, ten niscourts, trellis or car shelter. Fences eight feet or I ess are excl u d ed. "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area ratio. "Adjacent property" means property that abuts the subject property, including property whose only contiguity to the subject site is single point and property directly opposite the subject property and located across a street. "Adult bookstore" meansa building or portion thereof used by an establishment having as a substantial or significant portion of its stock in trade for sale to the public or certain membersthereof, books, magazines, and other publications which are distinguished or characterized by their emphasison matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined. "Adult cabaret" meansa building or portion thereof used for dancing purposesthereof or area used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, maleor female impersonators or similar entertainers, for observationsby patrons or customers. "Adult motion picture theater" meansa building or portion thereof or area, open or enclosed, used for thepresentation of motion pictures distinguished or characterized by an emphasison matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patronsor customers. "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposeswhich displaysor promotesa particular product or service, but without name identification. "Aerial" means a stationary transmitting and/or receiving wireless communication device consisting of oneor any combination of theelements listed below: 1. "Antenna" meansa horizontal or vertical element or array, panel or dish that may be attached to a mast or a tower for the purpose of transmitting or receiving radio or microwave frequency signals. 2. "Mast" meansa vertical element consisting of a tube or rod which supports an antenna. 3. "Tower" means a vertical framework of cross elements which supports either an antenna, mast or both. 4. "Guy wires" meanswires necessary to insurethe safety and stability of an antenna, mast or both. "Affordable housing cost" meansthe amount set forth in the Health and Safety Code Sect i on 50052.5, as m ay be am en d ed. "Affordable rent" meansthe amount set forth in the Health and Safety Code Section 50053, as m ay be am en d ed. "Affordable units" means housing units available at affordable rent or affordable -6- housing cost to lower or moderate income households. "Agriculture" meansthetilling of thesoil, the raising of crops, horticulture, agriculture, livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, boneyard, or plantsfor the reduction of animal matter or any other similar use. "Alley" meansa publicor private vehicular way lessthan thirty feet in width affording a secondary meansof vehicular accessto abutting property. "Alteration", for purposesof the Sign Ordinance, meansany permanent changeto a sign. "Alteration" meansany construction or physical change in the arrangement of rooms or thesupporting membersof a building or structure, or change in the relative position of buildingsor structureson asite, or substantial change in appearancesof any building or structure. 1. "Incidental alteration" meansany alteration to interior partitionsor interior supporting membersof astructurewhich does not increase the structural strength of thestructure; any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility services, fixtures, or appliances; any addition, closing, or change in sizeof doorsor windows in theexterior walls; or any replacement of a building facadewhich does not increase the structural strength of thestructure. 2. "Structural alteration" means any alteration not deemed an incidental alteration. "Amusement park" meansa commercial facility which supplies various forms of indoor and outdoor entertainment and refreshments. Animal: 1. Animal, Adult. "Adult animal" means any animal four months of age or older. 2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or similar domestic or wild animal, as determined by the Planning Commission. 3. Animal, mall. "mall animal" means animalswhich are commonly found in single-family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc. "Animal care" meansa use providing grooming, housing, medical care, or other servicesto animals, including veterinary services, animal hospitals, overnight or short- term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services. "Apartment" meansa room or a suite of two or more roomswhich is designed for, intended for, and occupied by onefamily doing itscooking there. "Apartment house" meansa building designed and used to housethreeor more families, living independently of each other. "Apartment project" meansa rental housing development consisting of two or more dwelling units. "Approval Body" meansthe Director of Community Development and his/her designee, the Planning Commission or City Council depending upon context. "Architectural feature" means any part or appurtenance of a building or structure 7- which is not a portion of the living area of the building or structure. Examples include: cornices, canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of thefloor area shall not constitute an architectural projection. "Architectural projection," for purposes of the Sign Ordinance, means any permanent extension from thestructureof a building, including the likesof canopies, awningsand f asci a. "Atrium" means a courtyard completely enclosed by walls and/or fences. "Attic" means an area between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable. "Automotive service station" meansa use providing gasoline, oil, tires, small parts and accessories, and services incidental thereto, for automobiles, light trucks, and similar motor vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of food or grocery items on the same site is prohibited except for soft drinksand snack foods, either from automatic vending machinesor from shelves. The sal e of alcoholic beverages on the site is governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline. "Automotive repair and maintenance (minor)" means the supplying of routine automoti ve sery i ces su ch as I u bri cati on, enginetune-ups, smog certificates, servicing of tires, brakes, batteries and similar accessories, and minor repairs involving engine accessories. Any repair which requ i res the engi ne, drivetrain, transmission assembly, exhaust system, or drivetrain parts to be removed from a motor vehicle or requires the removal of internal parts shall not beconsidered minor. Body and paint shop operations are not minor repairsor maintenance. "Average slope" meanstheratio between vertical and horizontal distance expressed in percent; the mathematical expression is based upon the formula described below: S=IxLx100 A S=Average slope of ground in percent; L =Combined length in feet of all contourson parcel; I = Contour interval in feet; A =Areaof parcel in squarefeet. B. "B" Definitions: "Banks" meansfinancial institutions including federally -chartered banks, savingsand loan associations, industrial loan companies, and credit unions providing retail banking servicesto individualsand businesses. This classification doesnot includepayday lending businessesor check cashing businesses. Theterm "payday lending business" as used herein meansretail businessesowned or operated by a "licensee" asthat term is defined in California Financial Code Section 23001(d), asamended from timeto time. Theterm "check cashing business" asused herein meansa retail businessowned or operated by a"check casher" asthat term isdefined in California Civil Code Section - 8 - 1789.31 asamended from timeto time. "Basement" means any floor below the first story in a building that is fully submerged below gradeexcept for lightwells required for light, ventilation and emergency egress. Abasement may have am aximum exterior wall height of two feet between natural gradeand ceiling. "Block" meansany lot or group of contiguous lots bounded on all sides by streets, railroad rights-of-way, or waterways, and not traversed by any street, railroad right-of- way or waterway. "Boarding house" meansany building used for the renting of roomsor providing of table board for from three to five persons, inclusive, over the age of sixteen years, who are not members of the same family. "Building" means any structure used or intended for supporting or sheltering any use or occupancy when any portion of a building is completely separated from every other portion by a "Fire Barrier" as defined by the California Building Code, then each portion shall be deemed to be a separate building. 1. "Attached building" means buildings which are structurally connected by any structural members or wall, excluding decks, patios or fences. "Building coverage" means that portion of the net lot area encompassed within the outermost wall Iinewhich defines a building enclosure. "Building frontage" means the length or the surface of the building wall which faces, and isvisibleto the general publicfrom, a private or publ ic right-of-way or driveway. "Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs and structures, hotels and motels, and recreational and amusement enterprises conducted for profit. "Business or trade school" means a use, except a college or university, providing education or training in business, commerce, language, or similar activity or pursuit, and not otherwise defined asahomeoccupation. C. "C" Definitions: "Canopy" meansany roof -like structure, either attached to another structureor freestanding, or any extension of a roof line, constructed for the purposeof protection from theelementsor aesthetic purposes in connection with outdoor living. "Car shelter" meansa roofed structureor a part of a building not enclosed by walls, intended and designed to accommodate one or morevehicles. "Caretaker" means a person or persons employed for the purpose of protecting the principal use of the property or structure. "Centerline" means the centerline as established by the County Surveyor of Santa Clara County, the City Engineer, or by the State Division of H ighways of the State of California. -9- "Changeable copy sign" means any sign, or portion, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marqueesand gasoline service station pricesigns, but excluding electronic reader board signsand signswhich display thecurrent timeor temperature. "Changeof face" meansany changes to the letter style, size, color, background, or m essag e. "Change of use" means the replacement of an existing use by a new use, or a change i n the nature of an existing use, but not including a change in ownership, tenancy or management where the previous nature of the use, line of business, or other function is substantially unchanged. "Child" meansa person who isunder eighteen yearsof age. "Child day carefacility" meansafacility, licensed by theStateor County, which provides non-medical careto children in need of personal services, supervision, or assistance essential for sustaining theactivitiesof daily living or for the protection of the individual on lessthan atwenty-four-hour basis. Child day carefacility includesday care centers, employer sponsored child-care centers and family day care homes. "Church" means a use providing facilitiesfor organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(f) of ArticleXlll of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section. "College" or "university" means an educational institution of higher learning which offersacourseof studiesdesigned to culminate in the issuanceof a degreeor defined by Section 94110 of the Education Code of the State of California, or successor legislation. "Collocation" meansthe placement of aerials and other facilities belonging to two or more communication service providerson asingle mast or building. "Commercial recreation" means a use providing recreation, amusement, or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services, operated on a privateor for-profit basis, but excluding uses defined as outdoor recreation services. "Community center" means place, structure, area, or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designated to accommodate and serve a significant segment of the community. "Commercial district," for purposes of the Sign Ordinance, means an area of land designated for commercial use in the current Cupertino General Plan. "Common interest development" means the following, all definitionsof which are based upon Civil Code Section 4100 or subsequent amendments: 1. A condominium project, -10- 2. A community apartment project, 3. A stock cooperative, or 4. A planned development. "Community organization" means a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses. "Concession" meansa benefit offered by the City to facilitate construction of eligible projects as defined by the provisions of Chapter 19.56, Density Bonus. Benefits may include, but are not limited to, priority processing, fee deferments and waivers, granting of variances, and relaxation of otherwise applicable permit conditionsor other concessions required by law. "Condominium conversion" or "Conversion" meansa change in thetypeof ownership of a parcel (or parcels) of land, together with the existing attached structures, to that defined as a common interest development, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be madeto such structure. "Condominium project" or "project" includesthe real property and any structures thereon, or any structuresto beconstructed thereon, which areto bedivided into condominium ownership. "Condominium units" or "units" means the individual spaceswithin a condominium project owned as individual estates. "Congregate residence" meansany building or portion which contains facilities for living, sleeping and sanitation, as required by the California Building Codeand may include facilities for eating and cooking for occupancies other than afamily. A congregate residence may be a shelter, convent or monastery but does not includejails, hospitals, nursing homes, hotelsor lodging houses. "Convalescent facility" means a use other than a residential care home providing inpatient servicesfor persons requiring medical attention, but not providing surgical or emergency m ed i cal services. "Convenience market" means a use or activity that includes the retail sale of food, beverages, and small personal convenience items, including saleof food in disposable containers primarily for off -premises consumption, and typically found in establishments with long or latehoursof operation and in relatively small buildings, but excluding delicatessens and other specialty food shopsand establishments which have a sizable assortment of fresh fruits, vegetables, and fresh -cut meats. "Corner triangle" means a triangular-shaped area bounded by thefollowing, unless deemed otherwise by the City Engineer: 1. Theintersection of thetangential extension of front and street sideproperty lines asformed by theintersection of two public rights-of-way abutting thesaid property lines; and 2. Thethird boundary of thetriangular-shaped area shall bea lineconnecting the front and side property linesat a distanceof forty feet from the intersection of the - 11 - tangential extension of front and side property lines. "Corner triangle," for purposesof the Sign Ordinance, means a triangular-shaped area of land adjacent to an intersection of public rights-of-way, asfurther defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner Triangle—Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle—Uncontrolled Intersections for details.) "Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildingsand which isbounded on two or moresides by such building or buildings, including theopen space in a housecourt or court apartment providing access. "Covered parking" meansa carport or garagethat providesfull overhead protection from theelementswith ordinary roof coverings. Canvas, lath, fiberglassand vegetation arenot ordinarily roof coveringsand cannot be used in providing acovered parking space. D. "D" Definitions: "Day carecenter" meansany child day carefacility, licensed by theStateor County, other than afamily day carehome, and includesinfant centers, preschools, and extended day carefacilities. Day Care Home, Family. "Family day carehome" meansa home, licensed by the State or County, which regularly provides care, protection and supervision for fourteen or fewer children, in the provider's own home, for periodsof lessthan twenty-four hours per day, whilethe parentsor guardian areaway, and includesthefollowing: 1. "Large -family day care home," which meansa home which provides family day care for seven to fourteen children, inclusive, including children under the age often yearswho reside at the home, asset forth in the California Health and Safety Code Section 1597.465; 2. "Small -family day care home," which meansa home which provides family day care to eight or fewer children, including children under the age often years who resides at the home, asset forth in the California Health and Safety Code Section 1597.44. "Decorative statuary," for purposes of the Sign Ordinance, means any structure or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Demonstrated safety" meansa condition requiring protection from thethreat of danger, harm, or loss, including but not limited to thesteepnessof a roadway or driveway that may create a hazardous parking situation in front of a gate. "Demonstrated security" meansa condition requiring protection from the potential threat of danger, harm or loss, including but not limited to a location that is isolated and invisiblefrom publicview or that has experienced documented burglary, theft, vandalism or trespassing incidences. -12- "Density bonus" means adensity increase over the otherwise maximum allowable residential density in accord ancewith the provisions of Chapter 19.56 as of the date of the project application. "Developer" meanstheowner or subdivider with acontrolling proprietary interest in the proposed common interest development, or the person or organization making application, or a qualified applicant who hasentered into a development agreement pursuant to the procedures specified in Chapter 19.144. "Development agreement" means a development agreement enacted by legislation between the City and a qualified applicant pursuant to Government Code Sections 65864 t h r o u g h 65869.5. "Development standard" meansasiteor construction regulation, including, but not limited to, a setback requirement, afIoor area ratio, and onsite open -space requirement, or a parking ratio that app Iiestoad evelopment pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. "District" meansa portion of the property within the City within which certain uses of land, premisesand buildings are permitted and certain other usesof land, premisesand buildings are prohibited, and within which certain yardsand other open spacesare required and certain building site areas are established for buildings, all asset forth and specified in thistitle. "Drinking establishment" meansan activity that isprimarily devoted totheselling of alcoholic beverages for consumption on thepremises. "Drive-through establishment" meansan activity wherea portion of retailing or the provision of servicecan beconducted without requiring thecustomer to leavehisor her car. "Driveway" meansany driveway that providesdirect accessto a publicor private street. Driveway, Curved. "Curved driveway" meansa driveway with access to the front property linewhich enters the garage from thesideat an angleof sixty degreesor greater tothefront curblineand which contains a functional twenty -foot -deep parking area that does not overhang the front property line. "Duplex" meansa building, on a lot under oneownership, containing not morethan two kitchens, designed and used astwo dwelling units, of comparable size independent of each other. "Dwelling unit" meansa room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting aseparateand independent housekeeping unit, occupied or intended for occupancy on a non -transient basisand having not more than one kitchen. "Dwelling unit, accessory" meansan attached or a detached residential dwelling unit, which provides complete independent living facilitiesfor oneor more persons, on the same parcel asa principal dwelling unit. It must include permanent provisionsfor - 13 - living, sleeping, eating, cooking and sanitation. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Dwelling unit, principal" means the principal facility on a parcel zoned or used for detached singlefamily residential use. E. "E" Definitions: "Economically feasible" meanswhen a housing development can be built with a reasonable rate of return. Thehousing developer's financial ability to build theproject shal I not be a factor. Emergency Shelter: "Emergency shelter, rotating" meansafacility that provides temporary housing with minimal supportive services and meetscriteriain Section 19.76.030(2). "Emergency shelter, permanent" meansa permanently operated facility that provides temporary housing with minimal supportive services and meets criteria in Section 19.76.030(3). "Employee Housing" means accommodations for employees as defined by Health and Safety Code 17008, as may be amended. "Enclosed" meansa covered spacefully surrounded by walls, including windows, doors and similar openings or architectural features, or an open space of lessthan one hundred squarefeet fully surrounded by a building or walls exceeding eight feet in height. "Entry feature" means a structural element, which leads to an entry door. "Equestrian center" meansafacility for the shelter, display, exhibition, keeping, exercise or riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasturelands, corrals and trails. "Equipment yard" meansa use providing for maintenance, servicing or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity, including but not limited to, a construction material yard, corporation yard, vehicular service center or similar use. F. "F" Definitions: "Facility" meansa structure, building or other physical contrivanceor object. 1. "Accessory facility" meansafacility which is incidental to, and customarily associated with aspecified principal facility and which meets the applicable conditions set forth in Chapter 19.100. 2. "Noncomplying facility" meansafacility which isin violation of any of thesite development regulationsor other regulations established by thistitle, but waslawfully existing on October 10, 1955, or any amendment to thistitle, or theapplication of any -14- district to the property involved by reason of which the adoption or application the facility becomes noncomplying. 3. "Principal facilities" meansa main building or other facility which is designed and constructed for or occupied by a principal use. "Family" means an individual or group of persons living together who constitute bona fide single housekeeping unit in adwelling unit. "Family" shall not beconstrued to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind. "Fence" meansa man-made structure which isdesigned, intended or used to protect, defend or obscurethe interior property of theowner from theview, trespassor passage of others upon that property. "Fence height" means the vertical distancefrom the highest point of thefence (excluding post caps) tothefinish gradeadjoining thefence. In a case where the finish grade isdifferent for each sideof thefence, thegradewith the highest elevation shall be utilized in determining thefence height. "Financial institutions" meansa company engaged in the businessof dealing with monetary transactions, such asdeposits, loans, investmentsand currency exchange. This classification does not include payday lending bu si n esses or check cash i n g businesses. Theterm "payday lending business" as used herein means retail businesses owned or operated by a"licensee" as that term isdefined in California Financial Code Section 23001(d), asamended from timeto time. Theterm "check cashing business" as used herein meansa retail businessowned or operated by a "check casher" asthat term isdefined in California Civil Code Section 1789.31 asamended from timetotime. "First floor" meansthat portion of a structure less than or equal to twenty feet in height, through which avertical line extending from thehighest point of exterior construction to the appropriate adjoining grade, passes through one story. "Flag" meansany fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used asasymbol of agovernment, political subdivision, or other entity. "Floor area" meansthetotal areaof all floorsof a building measured totheoutside surfacesof exterior walls, and including thefollowing: 1. Halls; 2. Base of stai rw el I s; 3. Base of elevator shafts; 4. Servicesand mechanical equipment rooms; 5. Interior building area above fifteen feet in height between any floor level and the cei I i ng above; 6. Basementswith Iightwellsthat do not conform to Section 19.28.070(1); 7. Residential garages; 8. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls; 9. Sheds and accessory st r u ct u res. - 15 - "Floor area" shall not include the following: 1. Basementswith Iightwellsthat conform to Section 19.28.070(1); 2. Lightwells; 3. Atticareas; 4. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; 5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls. "Floor area ratio" meansthe ratio of gross floor area on a lot to the lot area. "Foot-lambert" means a unit measurement of the brightness of light transmitted through or reflected from an object or surface. "Freeway" means any public roadway so designated by the State of California. "Front wall" meansthewall of a building or other structure nearest the street upon which the building faces, but excluding certain architectural features asdefined in this chapter. G. "G" Definitions: "Garage" means an accessory building (completely enclosed) or an attached building used primarily for the storageof motor vehicles. "Gasoline service station" means any place of businesswhich offersfor sale any motor vehiclefuel to the public. "Grade" or "finished grade" meansthe lowest point of adjacent ground elevation of the finished surface of theground paving, or sidewalk, excluding areaswhere grade has been raised by means of a berm, planter box, or similar landscaping feature, unless required for drainage, within the area between the building and the property line, or when the property line is morethan fivefeet from the building, between the building and a linefivefeet from the building. "Gross lot area" meansthe horizontal area included within the property linesof a site plusthe street area bounded by the street centerline up to thirty feet distant from the property line, the street right-of-way line and the extended side yard to the street centerl i ne. "Guest room" means room which is intended, arranged or designed to beoccupied by occasional visitorsor nonpaying guestsof theoccupantsof thedwelling unit in which the room is located, and which contains no kitchen facilities. H. "H" Definitions: "Habitable floor" means the horizontal space between a floor area of at least seventy squarefeet and theceiling height measuring at least seven feet six inchesabove it, except for a kitchen which shall haveaceiling height not lessthan seven feet abovethe floor. "Habitable space" means space in astructurefor living, sleeping, eating or cooking. Bathrooms, toilet compartment, closets, halls, storage or utility space and -16- similar areas are not considered habitable space. "Heavy equipment" means any mechanical or motorized device that isnot avehicle or acommercial vehicle as defined in Section 19.08.030(V), including, but not limited to, a backhoe, cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar device. "Height" meansa vertical distance measured parallel to the natural grade to the highest point of exterior construction, exclusiveof chimneys, antennasor other appurtenances, except that entry features are measured to the top of the wal I plate. Height restriction shall beestablished by establishing a line parallel to the natural grade. "Height", for purposesof the Accessory Buildings/Structures, encompasses the entire wall plane nearest the property line, including roof, eaves, and any portion of the foundation visible above the adjoining finished grade. 0� H EIGHT LIM IT FOR ENTRY FEATURES "Home occupation" meansa business, profession, occupation or tradeactivity which is performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard area or garage associated with that dwelling unit, or a yard area or garage associated with that unit, for purposesof generating income, e.g., by meansof the manufacture, and/or sale of goods and/or services or by the short term rental of all or a portion of a dwelling unit, but which activity is clearly incidental to the useof thedwelling for residential purposes. "Hospital" meansafacility for providing medical, psychiatricor surgical servicesfor sick or injured persons, primarily on an inpatient basis, and including ancillary facilitiesfor outpatient and emergency treatment, diagnostic services, training, research, administration, and serviceto patients, employeesor visitors. "Host" meansa natural person or peoplewho offer(s) short term rentals in their primary residence. A host may befurther defined asfollows: 1. Owner host meansa property owner who offers short term rentals in his or her primary residence. 2. Tenant host means a tenant that offers short term rentals at his or her primary 17- r esi d en ce. "Hosting platform" meansa person, legal entity or an association of individualsthat provide am eans,which mayor may not be internet-based, through which a short term rental isoffered. A hosting platform generally hasthefollowing attributes: allowsa host to advertise a short term rental, provides a means to arrange and enter into agreements to occupy short-term rentals, whether payment of rent ismade directly to the host or through the hosting platform. "Hosted stay" means that the host is occupying the primary residence during the entire term of a short term rental. When the host is not occupying the primary residence when it is being used as a short term rental, the transaction is considered an "un -hosted stay". "Hotel" means a faci I ity containing rooms or suites, solely occupied, intended or designed for use by guests on atransient occupancy basis. Also may include guest amen itiessuch as swimming pools, gyms, restaurants, bars, meetings rooms, etc. A short term rental is not a hotel. "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such asfish, birds or hamsters, which is incidental to any permitted use. However, no animal including household pets maybe kept, maintained and/or raised for commercial purposes except where permitted with required permits. "Household type" meanswhethertheoccupantsof thehousing unitsarevery low income, lower income, moderate income, or senior citizens. "Housing development" meansfor the purposes of Chapter 19.56, Density Bonus, a development project for 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 substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), wherethe result of the rehabilitation would be a net increase in available residential units. I. "1" Definitions: "Industrial district," for purposesof the Sign Ordinance, means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Institutional district," for purposes of the Sign Ordinance, means all BQ, PR, FP, and BA districts and other zoning classifications and useswhich are considered institutional in nature and are consistent with the institutional or quasi -public designation of the general plan. -18- J. "J" Definitions: "Junkyard" meanstheuseof morethan two hundred squarefeet of theareaof any lot for the storage or keeping of junk, including scrap metals or other scrap material, and/or for the dismantling or wrecking of automobilesor other vehicles or machinery. K. "K" Definitions: "Kitchen" means an area in habitable space used for the preparation of food and including at least threeof thefollowing: 1. Cooking appliance(s) or provision for a cooking appliance (such as220V outlets, gas connections and space for appliances between counters; 2. Counter; 3. Refrigerator; 4. Sink. L. "L" Definitions: "Landscaping" means an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfacesof rock, stone, brick, block or similar material (excluding driveways, parking, loading or storageareas), and sculptural elements. "Lateevening activities" meansan activity which maintainsany hoursof operation during the period of eleven p.m. to seven a.m. "Legal substandard lot" means any parcel of land or lot recorded and legally created by the County or City prior to March 17, 1980, which lot or parcel isof less area than required in the zone; or lots or parcels of record which are reduced to asubstandard lot si ze as a resu I t of required street dedication u n I ess otherw i se p rov i d ed in the City of Cupertino General Plan. The owner of a legally created, substandard property which is less than six thousand square feet but equal to or greater than five thou sand square feet may utiIizesuch parcel for residential purposes. The owner of a legally created parcel of less than five thousand square feet may al so develop the siteasasingle-family residential building site if it can be demonstrated that the property was not under the same ownership as any contiguous property on the same street frontage as of or after Ju I y 1, 1984. "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation for below grade rooms. "Liquor store" meansa use requiring a State of California "off -sale general license" (sal efor off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total dol lar sales accounted for by beverage covered under the off -sale general I i cen se. "Living space" means, for the purposesof Chapter 19.112, accessory dwelling units in R-1, RHS, A and A-1 Zones, the same as that set forth in California Government Code -19- Section 65852.2(i). "Loading space" meansan area used for loading or unloading of goodsfrom avehiclein connection with the use of the site on which such space is located. " Local Contact" means the host or a person designated by a host who shall be availableduring theterm of any short term rental for the purposesof: a. Responding within sixty (60) minutes to complaints regarding the condition or operation of the short term rental, or the conduct of guests, and Taking appropriate remedial action on behalf of the host to resolve such complaints. "Lodging" means the furnishing of rooms or groups of rooms within adwelling unit or an accessory building on a transient basis, whether or not meals are provided to the person. Lodging shall be subject to the residential density requirements of the district in which the use is located. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended for use by overnight or transient occupants as a single unit, whether located in a hotel or a dwelling unit providing lodging where designed or used for occupancy by more than two persons; each two -person capacity shall be deemed a separate lodging unit for the purpose of determining residential density; each two lodging units shall be considered the equivalent of one dwelling unit. "Lot" means parcel or portion of land separated from other parcels or portions by description, as on asubdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use. 1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 2. "Flag lot" means lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. 3. "Interior lot" means a lot other than a corner lot. 4. "Key lot" means the first lot to the rear of a corner lot, the frontline of which is continuation of the sideline of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. "Lot area" means the area of alot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot acquired, for access and street right-of-way purposes, in fee, easement or otherwise. "Lot coverage" means the following: 1. "Single-family residential use" meansthetotal land areawithin asitethat is covered by buildings, including all projections, but excluding ground -level paving, landscape features, lightwells, and open recreational facilities. Sheds are included in lot coverage. -20- 2. "All other usesexcept single-family residential" meansthetotal land areawithin a sitethat iscovered by buildings, but excluding all projections, ground -level paving, landscape features, and open recreational facilities. "Lot depth" means the horizontal distancefrom themidpoint of thefront lot linetothe midpoint of the rear lot line, or to the most distant point on any other lot linewhere there is no clear rear lot line. "Lot line" means any boundary of a lot. 1. "Front lot line" meanson an interior lot, the lot lineabutting astreet, or on a corner lot, theshorter lot lineabutting astreet, or on aflag lot, theinterior lot linemost parallel to and nearest thestreet from which access is obtained. Lot linelength doesnot include arc as identified on corner parcels. 2. "Interior lot line" means any lot line not abutting astreet. 3. "Rear lot line" means the lot line not intersecting afront lot linewhich is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lineswill not have arear lot line. 4. "Side lot line" means any lot line which isnot afront or rear lot line. 5. "Street lot line" meansany lot lineabutting astreet. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or alot or parcel described by metesand boundswhich hasbeen recorded. "Lot width" means the horizontal distance between side lot lines, measured at the required front setback line. "Lower-income household" means a household whose gross income does not exceed that established by Health and Safety Code Section 50079.5, as may be amended. M. "M" Definitions: "Major renovation," for purposes of Chapter 19.116, Conversions of Apartment Projectsto Common Interest Development, meansany renovation for which an expenditureof morethan onethousand dollarswas made. "Major repair," for purposes of Chapter 19.116, Conversions of Apartment Projects to Common Interest Development, meansany repair for which an expenditureof more than onethousand dollarswasmade. "Major Transit Stop," for purposesof Chapter 19.56, Density Bonus, meansan existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or moremajor busrouteswith afrequency of serviceinterval of 15minutesor less during the morning and afternoon peak commute periods. A housing development isconsidered to bewithin one-half mileof a major transit stop if all parcelswithin the housing development have no morethan 25 percent of their area farther than one-half milefrom thestop and if not morethan 10percent oftheunitsor 100 units, whichever isless, in thehousing development arefarther than one-half milefrom thestop asset -21- forth in Government Code Section 65915(p)(3)(A), as may beam ended - "Manufacturing" means a use engaged in them anufacture, predominantly from previously prepared materials, of finished productsor parts, including processing fabrication, assembly, treatment, packaging of products, but excluding basic industrial processing of extracted or raw materials, processes utilizing inflammableor explosive material (i.e., materialswhich igniteeasily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. "Massage parlor" means a building or portion thereof, or a placewhere massage is administered for compensation or from which a massage businessor servicefor compensation isoperated which isnot exempted or regulated by the Massage Establishment Ordinanceas contained in Title9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06. "Maximum allowable residential density," for purposes of Chapter 19.56, Density Bonus, m eans the m axi m u m density allowed under the zoning ordinanceand land use element of the general plan. For purposes of that Chapter, if the maximum density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. "Minor change" means an alteration or modification of an existing plan, development or project which i s su bstanti al I y inferior in bulk, degree or importance to the overall dimension and design of the plan, development or project with no change proposed for the use of the land in question, no change proposed in the character of the structure or structures involved, and no variance required. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semi- permanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach. "M obilehome park" means any area or tract of land where lots are sold, rented, or held out for rent to one or more owners or users of mobilehomes, excluding travel -trailers, for the purpose of permanent or semi-permanent housing. "Moderate income household" means a household whose gross income does not exceed that established by Section 50093 of the Health and Safety Code, as may be amended. "Multiple -family use" means the use of a parcel for three or more dwelling units which may be in the same building or in separate buildings on the same parcel. N. "N" Definitions: -22- "Natural grade" means the contour of the land prior to improvements or development, unIessotherwiseestablished by aCity approved grading plan that is part of a subdivision map approval. "Nightclub" means an establishment providing alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service. O. "O" Definitions: "Office" means: 1. "Administrative or executive offices" including those pertaining to the management of office operations or the direction of enterprise but not including merchandising or sal esservices. 2. "Medical office" means use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitionersof medical and healing artsfor humans, licensed for such practiceby theStateof Californiaand including servicesrelated to medical research, testing and analysis. 3. "Professional offices" such as those pertaining to the practice of the professions and arts including, but not limited to, accounting, architecture, dentistry, design, engineering, including associated testing and prototype development, but excluding product manufacturing and/or assembly, law and medicine, but not including saleof drugsor prescriptions except asincidental to the principal usesand wherethereis external evidenceof such incidental use. 4. "Office district," for purposesof theSlgn Ordinance, meansthosebuildingsor groupsof buildingsfor which thepermitted uses are professional offices, iswithin an OA or OP zone or which are designated for offices on the general plan. "Offset" means the indentation or projection of awall plane. "Open" meansa space on the ground or on the roof of a structure, uncovered and unenclosed. "Organizational documents" means the declaration of restrictions, articlesof incorporation, bylawsand any contractsfor themaintenance, management or operation of all or any part of a common interest development. "Outdoor recreation use" meansa privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities. P. T" Definitions: "Park" means any open space, reservation, playground, swimming pool, golf course, recreation center, or any other area in the City owned or used by the City or County and devoted to active or passive recreations. "Parking area" meansan unroofed, paved area, delineated by painted or similar markings, intended and designed to accommodate one or morevehicles. -23- "Parking facility" means an area on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this title. Parking facility includes parking lots, garages and parking structures. 1. "Temporary parking facility" means parking lotswhich are not required under thistitle and which are intended as interim improvements of property subject to removal at a later date. "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of accessto and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by thistitle. Parking space isequivalent totheterm "parking stall" and does not include driveways, aislesor other features comprising a parking facility as previously defined in thischapter. "Pennant" meansany lightweight plastic, fabric, or other material, whether or not containing a messageof any kind, suspended from a rope, wire, or string, usually in a series, designed to move in thewind. "Permit" meansa permit issued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body asempowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings, structures, land and/or uses. Permits may include but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential Permits, Architectural and SiteApprovals, Development Permits, Conditional Use Permits, Exceptions, Variancesor Subdivision Maps. "Person" meansan individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any other form of business or legal entity. "Personal fitnesstraining center" meansafacility providing spaceand equipment, with or without supervision, for group or individual athletic development, increased skill development in sportsactivity, or rehabilitative therapy for athleticinjury. "Perspective drawing" meansa rendering of athree-dimensional view depicting the height, width, depth, and position of a proposed structure in relation to surrounding properties and structureswhen viewed from street level. "Picnic area" means a facility providing tables and cooking devicesfor preparation and consumption of mealsout of doors or within an unenclosed shelter structure. "Practice range" means a facility providing controlled accessto fixed or movable objectswhich are used to test and measure accuracy of dischargefrom aweapon. "Private educational facility" means privately owned school, including schools owned and operated by religious organizations, offering instruction in theseveral branchesof learning and study required to betaught in the public schools by the Education Codeof theStateof California. " Primary residence" means residential real property at which a person resides a -24- majority of the time, carries on basic living activities, and the place he or she usually returns to, in the event of travel. Evidence, such as motor vehicle registration, voter registration, a homeowner's exemption on the property tax bill or other similar documentation, maybe required by the City to determine whether the property is the primary residence. "Project improvements" meansall public road improvements, underground ing utility improvements, and improvements to the on-siteutiIity networks as required by the City of Cupertino for a common interest development. "Projection" means architectural elements, not part of themain building support, that cantileversfrom a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects. "Promotional device" meansany sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise special event or the opening of anew business. "Property" means real property which includes land, that which is affixed to the land, and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 t h rou g h 662. 1. Property, Adjoining. "Adjoining property" means any unit of real property, excluding lands used as public streets, sharing one or more common pointswith another property. "Property Owner" meansany person, legal entity, or association of individuals, that is theowner(s) of record of real property, asdocumented by a deed or other such evidenceof ownership. "Provider" meansa person who operatesa child day care home and is licensed by the State of California. "Publicdancehall" isa building or portion used for dancing purposesto and in which thegeneral public is admitted and permitted to dance, upon payment of any feeother than compensation, or upon payment of a chargefor admission, or for which tickets or other devicesaresold, or in which a charge is madefor the privilegeof dancing with any other person employed for such purpose by the operator of the establishment, including but not limited to taxi dances, but excluding restaurants, hotel roomsand nightclubsin which thedancing isincidental only toother entertainment. Q. "Q" Definitions: "Qualified applicant" isa person who hasa legal or equitable interest in real property which isthesubject of adevelopment agreement, determined pursuant to Section 19.116.070. Qualified applicant includesan authorized agent. "Qualifying resident" for purposesof Chapter 19.56, Density Bonus, of this Code, meansasenior citizen or other persons eligible to residein asenior citizen housing development. R. "R" Definitions: "Recreational open space" meansopen spacewithin a common interest development (exclusiveof required front setback areas) which shall be used exclusively for leisure -25 - and recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) have the right of useand enjoyment. Accessory structuressuch asswimming pools, recreational buildingsand landscaped areasmay beincluded asopen space. "Recyclable materials" means discards or waste materials that may be separated or mixed, collected and processed, and used as raw materialsfor new products. For purposesof Chapter 19.108, Beverage Container Redemption and Recycling Centers, recyclable materials do not include hazardous materials. "Recycling center" meansafacility for thecollection and/or processing of recyclable materials. Recycling center doesnot include storage containers or processing activity located on the premises of a commercial or manufacturing use and use solely for the recycling of material generated by that business or manufacturer. 1. "Recycling center, Certified" or "Certified Processor" means recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. 2. "Recycling center, Mobile" meansan automobile, truck, trailer or van licensed by the Department of Motor Vehicles, which is used for thecollection of recyclable material. A mobilerecycling center also meansthebins, boxesor containers transported by trucks, vans, or trailersand used for thecollection of recyclable materials. A mobile recycling center may consist of an enclosed vehiclesuch as box cab or enclosed semi -trailer or an open vehiclesuch asaflatbed trailer with binsor boxesto contain recyclable materials. "Recycling facilities" may include the following: 1. "Collection facility" means a facility for the acceptance (donation, redemption or sale) of recyclable materials from the public. Such a facility does not use power -driven processing equipment except as indicated in Chapter 19.108, Beverage Container Redemption and Recycling Centers. Collection facilities may includethefollowing: a. Reverse vending machine(s); b. Small collection facilities which occupy an area of not more than five hundred squarefeet, and may include: i. A mobile recycling unit, ii. Bulk reversevending machineor agrouping of reversevending machines occupying morethan fifty squarefeet, iii. Kiosk typeunitsand bulk vending machines, iv. Unattended containers placed for the donation of recyclable materials; c. Largecollection facilitieswhich may occupy an area of morethan fivehundred squarefeet, or is on a separate property not appurtenant to a host use, and may include permanent structures. 2. "Processing facility" meansa building or enclosed space usefor thecollection and processing of recyclable materials. Processing meansthe preparation of material for efficient shipment or to an end -user's specifications, by such meansas baling, -26- briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facility includes the following: a. A light processing facility occupiesan area of under forty-five thousand square feet of gross collection, processing and storage area and has up to two outbound truck shipmentsper day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source -separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or baleferrous metals other than food and beverage containers. b. A heavy processing facility isany processing facility other than a light processing facility. "Religious institution" means a seminary, retreat, monastery, conference center, or similar usefor the conduct of religious activities including accessory housing incidental thereto, but excluding a private educational facility. Any use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. "Research and development" means a use engaged in study, design, analysis and experimental development of products, processesor services, including incidental manufacturing of productsor provisionsof servicesto others. "Residential carefacility" meansa building or portion designed or used for the purposeof providing twenty -four -hour -a -day nonmedical residential living accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchangefor payment of money or other consideration, where the duration of tenancy isdetermined, in wholeor in part, by theindividual resident's participation in group or individual activitiessuch ascounseling, recovery planning, medical or therapeutic assistance. Residential carefacility includes, but isnot limited to, health facilitiesas defined in California Health and Safety Code (H&SC Section 1250 et seq.), community care facilities (H &SC Section 1500et seq.), residential care facilities for theelderly (H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise handicapped (W& I Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities(H&SC Section 11384.11), and other similar carefacilities. "Residential district," for purposesof the Sign Ordinance, meansthe R1, RHS, R2, R3, R1C, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. Restaurant: 1. Restaurant, Fast -Food. "Fast-food restaurant" means retail food service establishment in which prepared foodsor beverages are served or sold on or in disposable containers, including those establishments where a substantial portion of the 27- patrons may serve themselves and may consume the food and beverages off-site. A separate bar facility for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food restaurants. 2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a fast-food restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, aseparatebar facility for serving alcoholic beverages is not permitted without a use permit. "Reverse vending machine(s)" meansan automated mechanical devicewhich accepts oneor moretypesof empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with avaluenot lessthan the containers redemption value, asdetermined by the State. A reversevending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily storeall threecontainer typesin a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling center, multiple grouping of reversevending machinesmay benecessary. 1. A bulk reversevending machine is a reverse vending machinethat islarger than fifty squarefeet; isdesigned to accept morethan onecontainer at atime; and will pay by weight instead of by container. S. "S" Definitions: "Screened" means shielded, concealed, and effectively hidden from view at an elevation of up to eight feet aboveground level on adjoining parcels, or from adjoining parcels, within ten feet of a lot line, by afence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof. "Senior citizens" means: 1. Persons at least sixty-two years of age; or 2. Personsat least fifty-five years of ageor otherwise qualified to reside in asenior citizen housing development, in accordancewith Stateand federal law. "Senior citizen housing development" meansa housing development with at least thirty-five dwelling unitsasdefined in the Civil Code Section 51.3, or amobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, as may be amended. "Setback line" means linewithin a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of-way or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. -28- Setback Area, Required. "Required setback area" meansopen space, unoccupied and unobstructed from theground upward, except asprovided in thistitle, between thelot lineand thesetback lineon thesameparcel. 1. Setback Area, Required Front Yard. "Required front -yard setback area" meansthe setback area extending across the front of a lot between the front lot lineand the setback line. Front yardsshall be measured either by a lineat right anglesto thefront lot line, or by aradial line in thecaseof acurved front lot line, except flag lotswhich isthearea extending acrossthefull extent of the buildable portion of theflag lot measured from the property linewhich is parallel to and nearest thestreet lineand at which point the lot width equals a minimum of sixty feet. The Director of Community Development shall have the discretion to modify the provisionsof thisdefinition when it improves thedesign relationship of the proposed buildingsto adjacent buildingsor parcels. 2. Setback Area, Required Rear Yard. "Required rear -yard setback area" meansthe area extending acrossthefull width of the lot between the rear lot lineand the nearest lineor point of the main building. 3. Setback Area, Required Side Yard. "Required side -yard setback area" meansthe area between thesidelot lineand thenearest lineof abuilding, and extending from the front setback line to the rear setback line. "Shopping center" meansagroup of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the parcel. "Shopping center," for purposesof the Sign Ordinance, meansa retail entity encompassing three or more tenants within asinglebuiIding or group of buildings, but within which individual business located in defined tenant spaces are owned and managed separately from the shopping center management. "Short Term Rental" means any legally permitted dwelling unit, or portion thereof, m ad e avai I abl e for rent on atransient occupancy basis. Short term rental use shall not be considered a hotel. "Sidewalk site triangle" isatri anguIar shaped area d escri bed in Cupertino Standard Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk Ste Triangle (Sidewalk Clearanceat Driveway) "Sign" meansany device, fixture, placard, or structurethat usesany color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. 1. "Animated sign" meansany sign which projectsaction, motion or theillusion thereof, changes intensity of illumination or changescolors, including thelikesof balloons, bannersand flags, and blowing or air -powered attractions, but excluding electronic readerboard signsand signsthat display thecurrent timeor temperature. 2. "Bladesign" meansa pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning or arcadewith theexposed face of the sign in a plane perpendicular to the plane of the building wall. 3. "Development Identification Sign" means a ground sign at the major entry to a -29- residential development with twenty units or more meant to identify the name and address of the development. 4. "Directional sign" meansany sign which primarily displays directions to a particular area, location or site. 5. "Directory sign" meansany outdoor listing of occupantsof a building or group of buildings. 6. "Electronic readerboard sign" means an electronic sign intended for a periodically - changing advertising message. 7. "Freeway oriented sign" meansany sign which islocated within six hundred sixty feet and visiblefrom afreeway right-of-way asdefined by Section 5200of the California Business and Professions Code. 8. "Garage sale signs" meansany sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. 9. "Ground sign" meansany sign permanently affixed to the ground and not supported by a building structure. The height of the sign shall be measured from the gradeof theadjoining closest sidewalk to thetop of thesign including trim. 10. "Identification sign" means any sign whose sole purpose is to display the name of the site and the names of the occupants, their products or their services. 11. "Illegal sign" means any signor advertising statuary which was not lawfully erected, maintained, or was not in conformance with the provisions of this title in effect at the time of the erection of the signor advertising statuary or which was not installed with avalid permit from the City. 12. "Illuminated sign" means any sign utilizing an artificial source of light to enhance itsvisibility. 13. "Informational sign" means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. 14. "Landmark sign" means an existing, legal non -conforming ground sign that has distinctive architectural style. 15. "Nonconforming sign" means any signor advertising statuary that was legally erected and had obtained avalid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in thistitle. 16. "Obsolete sign" means any sign that displays incorrect or misleading information, promotes products or services no longer available at that site or identifies departed occupants. 17. "Off-site sign" means any sign not located on the premises of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays. 18. "On-site sign" means asign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon -30- which the sign is maintained. 19. "Political sign" means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. 20. "Portable Sign or Display" means any outdoor signor display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable signor display includesA-frames, flower carts, statues, and other similar devices used for advertising as determined by the Director. 21. "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, ownersand operators, completion dates, availability and occupants. 22. "Projecting sign" means any sign other than a wall sign that is attached to and projectsfrom a structureor building faceor wall. 23. "Real estatesign" meansatemporary sign indicating that a particular premises is for sale, lease or rent. 24. "Roof sign" means a sign erected between the lowest and highest points of a roof. 25. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. 26. "Temporary Sign" means any sign, display, banner or promotional device which is designed or intended to be displayed only during the allowable business hours or for short periods of time as specified by the Director of Community Development. 27. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. 28. "Veh i cl e si gn " meansa sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as having avalid I i cense p I ate. 29. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to thewall. 30. "Window sign" means any sign that is intended to be read from outside of the structureor painted on awindow facing a p u bl i c street, parking lot, pedestrian plaza or walkway accessibleto the public. "Sign Area" for an individually lettered sign without a background, is measured by enclosing the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for examples of sign area calculation) The sign area for a sign with borders and/or background is measured by enclosing the exterior limits of the border or background with a single continuous perimeter. The necessary supports, uprights, and/ or the base on which such sign is placed, shall be excluded from the sign area. When a sign is separated by thirty-six inches or more, the area of each part may be -31 - computed separately. "Singlefamily residence," for purposesof Chapter 19.112, shall mean only detached singlefamily dwelling unitsthat are not detached row- houses, duplexes, townhouses, or condominiumsor propertiesthat haveashared ownership interest in common open space or recreational areas. "Specialty food stores" means uses such as bakeries, donut shops, ice cream stores, produce markets and meat markets, or similar establishments where food is prepared and/or sold primarily for consumption off the premises. "Site," for purposes of the Sign Ordinance, means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event," for purposes of the Sign Ordinance means a temporary promotional event including, but not limited to, aspecial sale on merchandise or services, or grand openings. "Special Event Banner" means any temporary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materialswhich will withstand exposure to wind and rain without significant deterioration, and which does not require building permit for its construction, or installation outsideof a building. "Special needs housing," for purposes of Chapter 19.56, Density Bonus, means any housing, including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to mental health; physical disabilities; developmental disabilities, including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the housing needsof persons eligible for mental health servicesfunded in wholeor in part by the Mental Health Services Fund, asset forth in Government Code Section 65915(p)(3)(C), as may be amended. "Specified anatomical areas" means: 1. Lessthan completely and opaquely covered human genitals, pubic region, buttocksand female breast below a point immediately abovethetop of theareola; and 2. Human malegenitalsin adiscernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Human genitals in astateof sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotictouching of human genitals, pubic region, buttocksor female breast. "Story" means that portion of a building, excluding a basement, between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. "Street" means public or private thoroughfare the design of which has been -32- approved by the City which affords the principal means of accessto abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter. 1. Street, Public. "Public street" meansall streets, highways, lanes, places, avenues and portionsand including extensionsin thelength and width, which havebeen dedicated by theownersto publicuse, acquired for publicuse, or in which a public easement for roadway purposes exists. "Street frontage," for purposesof the Sign Ordinance, meansthelength of asitealong or fronting on a publicor privatestreet, driveway or other principal thoroughfare, but does not includesuch length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. "Structure" meansthat which is built or constructed, an edificeor building of any kind, or any pieceof work artificially built up or composed of partsjoined together in some definite manner. 1. Structure, Recreational. "Recreational structure" means any affixed accessory structureor portion, which functionsfor play, recreation or exercise (e.g., pool slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not include portable play structures, such as swings or climbing apparatus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof structure or similar physical attachment. "Supportive housing" (per Government Code Section 65582(f), as may be amended) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. T. "T" Definitions: "Target population" (per CA Government Code 65582(g), as may be amended) means personswith low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). "Tenant" means any person, legal entity, or association of individuals that isalessee of real property, as documented by a rental agreement, whether in writing or otherwise. "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy. "Transitional housing" (per CA Government Code 65582(h), as may be amended) -33 - means buiIdingsconfigured as rental housing developments, but operated under program requirements that call for the termination of assistanceand recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from beginning of assistance. "Trim" means them old ing, battens, cappings, nailing strips, lattice and platforms which are attached to a sign. U. "U" Definitions: "Unobstructed Access," for purposes of Chapter 19.56, Density Bonus, means access to alocation if aresident i s abl e to access the I ocati on without encountering natural or constructed impediments, as set forth in Government Code Section 65915(p)(2), as may be amended. "Use" m eans the cond u ct of an activity, or the performance of afunction or operation, on a parcel or in a building or facility. 1. "Accessory use" means usewhich is incidental to and customarily associated with a specified principal use. 2. "Conditional use" means a use listed by the regulations of any particular district as a conditional use within that district, and allowable solely on adiscretionary or conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by thistitle. 3. "Nonconforming use" means usewhich isnot a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on October 10, 1955; or the date of any amendments thereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. 4. "Permitted use" means a use listed by the regulations of any particular district as a permitted usewithin that district, and permitted therein asa matter of right when conducted in accord with the regulations established by this title. 5. "Principal use" means usewhich fulfills primary function of a household, establishment, institution, or other entity. "Useable rear yard" meansthat area bounded by the rear lot line(s) and the rear building lineextended tothesidelot lines. Thesideyard adjacent to a proposed minor addition (e.g., addition equaling ten percent or lessof the principal structure) may be included in calculation of usable rear yard area. V. "V" Definitions: "Variance application" meansan application for which an exception process is not identified in the Municipal Code. "Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any device by which any person or property may be -34- propelled, moved or drawn upon a public street, excepting ad evicemoved exclusively by human power. 1. Vehicle, Commercial. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of personsfor hire, compensation, or profit or designed, used, or maintained primarily for the transportation of goods. 2. Vehicle, Recreation. "Recreation vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. Theterm recreation vehicle includes, but isnot limited to, trailers, motor coach homes, converted trucksand buses, and boats and boat trai Iers. "Very low income household" means a household whose gross income does not exceed that established by Health and Safety Code Section 50105, as may be amended. "Visual privacy intrusion" means uninterrupted visual accessfrom aresidential dwelling or structure into the interior or exterior areas of adjacent residential structures, which area iseither completely or partially private, designed for thesoleuseof the occupant, and/or which servesto fulfill the interior and/or exterior privacy needsof the impacted residenceor residences. W. "W" Definitions: N one. X. A" Definitions: N one. Y. "Y" Definitions: "Yard" means an area within a lot, adjoining a lot line, and measured horizontally, and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title. 1. "Front yard" means yard measured into a lot from the front lot line, extending the full width of the lot between the side lot I i nes i ntersecti ng the front lot line. 2. "Rear yard" means a yard measured into a lot from the rear lot line, extending between the side yards; provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. 3."Sldeyard " means ayard measured intoaIotfromasideIotIine,extend ing between thefront yard and rear lot line. Z. "T' Definitions: N one. -35 - APPENDIX A. CUPERTI O STANDARD DETAIL 7-2 CORNER TRIANGLE -CONTROLLED INTERSECTIONS CORNER SIGHT FORMULA D I5TAKE SD = Design speed X I.467X 7-5 DE5I GN S5th Si ht I Seconds cwreria LFactor PERCENTfLE SPEED SD 85th percentfiespeed 25 275 30 930 3S 3$5 40 440 45 495 50 550 LS r � r•— � � SII II I — — SD MAJOR I AD C' l L5 j LEGEND Y = Distance between the edge of roadway and the curb_ Applies to parking, bike lanes, shoulders andfor combination, LS = Line of sight SD = Si4nt distance G;-- Edge of travelway Set backs. from edge of travel Crosswalk set back = 24 feet t Y U reit I ine set back;-- 13 feet + Y Appendix A: Cupertino Standard Detail 7-2 Corner Triangle - Controlled -36- Intersections. APPENDIX B. CUPERTINO STANDARD DETAIL 74 CORNER TRIANGLE - UNCONTROLLED INTERSECTIONS FLAT GRADE. Within the area of the triange, there shall be nu sight obscuring wall, fence, sign or foliage h igher than 42 i nches fro m street grade. In the case of trees, lower branches shal I be tri mored up eight (8) feet six (b) inches f om sheet grade_ OTHERGRADE. The City Engineer will provide the conditions and allows miss far h Illy andlor tall Ing terrains_ LEGEND: LS = Line of sight Ilhe LS 100 feet EX 4 Rf PL E Center line Manum#nt or iYietersam ing paint Note: To view this Appendix in PDF, click HERE Appendix B: Cupertino Standard Detail 7-4 Corner Triangle - Uncontrolled -37- Intersections. Note: To view this Appendix in PDF, click HERE Appendix C: Cupertino Standard Detail 7-6 Sidewalk Site Triangle (Sidewalk Clearance at Driveways). Note: T view this Appndix in PDF, click H£k£ APPENDIX CUPE■TINOSTANDARD DETAIL 6 SID£W&LK SI ETaIAmGLE IDEWALK CLEARANCE A7 DRIVEWAYS) §I \ m X � $ 3 Appendix D: Examples of How to Measure Sign Area. -39- APPENDIX D; EXAMPLES OF HOW TO MEASURE SIGN AREA Individually IeLlowd sign Sign With prb0rd(-r., Sign separated by 36 inches or mire Note: To view this Appendix in PDF, click HERE SECTION 2. Section 19.12.030, of Chapter 19.12 of Title 19 of the Cupertino M unici pal Code is hereby amended to read as follows: 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. Type of Permit Administrative Design Planning City Public Noticin Posted Expiration Chapter/ Review Site Notice or Decision A, B Review Committee Commission Council Hearing/ Public Noticing Radius D Date E Findings Meeting! Comment Period c General Plan Amendment - - CA. Govt. M ajor F R F PH CA. Govt. Code Yes Code 65350- 65350-65362 65362 Minor G - - R F PH Yes - Zoning Map Amendments M ajor F - - R F PH CA. Govt. Yes - Cod e 19.152.020 Minor G - - R F PH 65853 - 65857 Yes - Zoning Text Amendments - R F PH CA. Govt. Code 65853 - 65857 - - 19.152.030 - CA. Govt. Specific Plans - R F PH Code - - 20.04.030 65350-65362 41 Type of Permit Administrative Design Review Committee Planning Commission City Council Public Hearin Public Meeting! Comment Noticin Noticing Radius ° Posted Expiration Date E Chapter/ Findings or Decision A, B Review Site Notice Period c Development Agreements - R FPH CA. Govt. Cod e 65867 Yes - 19.144.120 Development Permits M ajor F, H - - F/R A'/F PM 19.12.110/ 300' Yes 2 years 19.156.050 Minor G F - A' A2 PM Yes 2 years Conditional Use Permits Major F,H,I F - A'/F/R A'/A2/F PH CA. Govt. Code 65905 Yes 2years 19.156.050 Minor GSI F - A'/F/R A'/A2/F PH Yes 2 years Temporary F - A' A2 - None N o 1 year 19.160.030 Density Bonus (Residential) R F Based on concurrent application 19.52 Adult -Oriented Commercial Activity (CUP) - R F PH CA. Govt. Code 65905/ 300' Yes 2 years 19.128.030 & 19.128.040 Architectural and Site Approval Major J F - A' A2 PM 19.12.110/ Adjacent Yes 2 years 19.168.030 M inor K F - A' A2 PM Yes 2 years Amendment Major FSH - - F A' VarieSL Depends on permit being amended L Yes 2years 19'44' 19.144 19.156, 19.164 -42- Type of Permit Administrative Design Review Planning Commission City Council Public Hearin Noticin Noticing Posted Expiration Date E Chapter/ Findings or Decision A, B Review Site Committee Public Radius ° Notice Meeting! Comment Period c Minors F - A' A2 VariesL Yes 2years Minor F - A' A2 - None N o 2 years 19.164 Modification Hillside Exception/ 19.40.080, Height 19.12.110/ F A' PH Yes 2 years 19.24.070, Exception / 300' 19.136.090 Heart of the City Exception I CA. Govt. Variance F - A' A2 PH Yes 2 years 19.156.060 Code 65905 Status of non- 19.12.110/ F A' PH Yes - 19.140.110 conforming Use 300' Wireless Depends on Antennas I F - F/ A' Az Varies' application Yes 2 years 19.136.090 type Signs Permits F - A' A2 - None N o 1 year 19.104 N eon, Reader board & 19.12.110/ F F Alm PM No 1 year 19.104 Freeway 300' Oriented Signs' -43- Type of Permit Administrative Design Review Planning Commission City Council Public Hearin Noticin Noticing Posted Expiration Date E Chapter/ Findings or Decision A, B Review Site Committee Public Radius ° Notice Meeting! Comment Period c Programs F - A' A2 - None N o 1 year 19.104 Exceptions I 19.12.110/ _ F - Alm PM Yes 1 year 19.104.290 Adjacent Parking 19.12.110/ Exceptions I F F A' A' L /A2 Varies N Adjacent/ Yes 1 year 19.124.050 300' Fence 19.12.110/ F - A' L PM Yes 1 year 19.48.060 Exceptions Adjacent Front Yard 19.12.110/ F - A' Az PM Yes 1 year 19.08 Interpretation Adjacent R1 Ordinance Permits Two-story I F F F/A A' L /A2 Varies' 19.12.110/ Yes 1 year 19.28.140 Minor F - A' Az CP No 1ear 1year Residential Adjacent I - F - Alm PM Yes 1 year Short Term Rental F - A' A2 - None N o 1 year P 19.120 Authorization Protected Trees Tree Removal Adjacent F - A' A2 CP unless Yes 1 year 14.18.180 exempt Type of Permit Administrative Desi n Review Committee Planning Commission City Council Public Hearing/ Public Noticing/ Noticing Radius D Posted Expiration Date E Chapter/ Findings or Decision A, B Review Site Notice Meeting/ Comment Period c H eritage Tree 19 10/ Designation & - - F A' PM Yes - 14.18 300' Removal Tree Management F - A' A2 - N one N o - 14.18 PI an Retroactive F - A' Az - None N o - 14.18 Tree Removal Reasonable F - A' Az - N one N o 1 year 19.52.050 Accommodation Extensions Q Parking, Fence & Sign Exceptions & F - A' A2 - N one N o 1 year Front Yard Interpretations N eon, Reader board & F A' A2 - N one N o 1 year Freeway Oriented Signs Two Story F A' Az - None No 1 year Permits, Minor -45- Type of Permit Administrative Design Review Committee Planning Commission City Council Public Hearing/ Public Meeting/ Comment Noticing/ Noticing Radius D Posted Expiration Date E Chapter/ Findings or Decision A, B Review Site Notice Period c Residential Perm its and Exceptions Tree Removals F - A' A2 - - No 1 year All other projects F - A' A2 - 19.12.110/ None No 2years N otes: 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. Pu bl ic H eari ng: Projects types that need noticing pu rsuant to the CA Government Code; Pu bl ic M eeti ng: 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 acombined application shall correspond to the maxi mum noticing radius required for any oneof the applications. E. Expiration dateof an application in acombined application shall correspond to themaximum expiration dateallowed for any oneof thedevelopment applications (not including Subdivision Map Act applications, General Plan Amendmentsand Zoning Map or Text Amendments.) F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -for morethan ten thousand square -46- 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 squarefeet of commercial, and/or greater than onehundred thousand squarefeet of industrial and/or officeand/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 regulationsor chapters in thistitlethat apply to thesubject property or project for approval authority. J. Major Architectural and SiteApproval application - architectural and siteapproval for all projectsthat are not a Minor Architectural and SiteApproval application. K. Minor Architectural and SiteApproval application - singlefamily home in a planned development zoning district, minor building architectural modifications, landscaping, signsand lighting for new development, redevelopment or modification in such zoneswhere review is required and minor modificationsof duplex and multi -family buildings. L. Meeting typeand noticing aredependent 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. O. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing. All other Parking Exceptions need noticeswithin three hundred feet of theexterior boundary of thesubject property. P. Must reapply annually. Q. Application must befiled prior to expiration dateof permit. Permit isextended until decision of the Approval Body on the extension. -47- SECTION 3. Section 19.12.080, "Application Process", of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows: 19.12.080 Application Process Unless otherwise specified in thistitle, all applicationsfor permits, permit modifications, amendmentsand other matters pertaining to thisChapter shall befiled with the Director of Community Development with thefollowing: A. An application for permit may bemadeby theowner of record, hisor 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 thistitleand who havewritten authorization from theproperty owner to makean application. B. Application shall be made on a form provided by the City, and shall contain the following, unlesswaived 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 heightsand squarefootages; 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 letter of approval from said HOA Board or A RB. 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 applicationsfor Planned Development Zoning Districtsshall also include information required per Section 19.80.040; b. Zoning applicationsfor Multi -Family (R3) Residential shall also include information required per Section 19.36.040; and c. Zoning applicationsfor Residential Single-family Cluster (R1C) initiated by a property owner, or hisor her designee, shall also includeitems identified in Section 48 19.44.050H. 13. Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010. 14. Conditional UsePermitsand Variancesshall also include information required per Section 19.156.020. 15. Density Bonus Permit applications shall also include information required per Section 19.56.060. 16. Conversion of Apartment Projectsto Common Interest Developments applications shall also include information required per Section 19.116.050. 17. Sign Permit Applications should also include information required per Section 19.104.040. 18. Short term rental permit applications shall also include information required per Section 19.120.040. C. Application shall beaccompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. SECTION 4. Section 19.12.090, "Action by Director", of Chapter 19.12 of Title 19 of the Cupertino Municipal Codeishereby amended to read asfollows: 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development sh al 1: A. Within thirty days determine whether the application is complete or needs additional information and shall inform theapplicant. B. For permit applicationsnot requiring any comment period, publichearing or public meeting, proceed to review the application. C. Mail bal lots to the property ow ners of record of the properties affected by a Single -Story Overlay District Application. The ballot shall, in addition to information related to the proposal, include the fol lowing information: 1. Proposed Single -Story Overlay District Map pursuant to Section 19.28.050(B)(1); 2. Statement indicating that each developable lot of record shall have one (1) vote; and 3. A date, forty-five(45) calendar daysfrom thedateof mailing of the ballot, on which a completed ballot must be postmarked or received by the City in order to be accepted. D. Not later than a period stipulated in Section 19.12.100, Decision, below: 1. Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require public hearing or public meeting, except that Single -Story Overlay District Applications shall be scheduled for a public hearing, only if the result of the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a minimum sixty-six and two-thirds (66 2/3) percent by the property owners within the proposed or existing Single -Story Overlay -49- District (each developable lot of record shall have one (1) vote); or 2. Send notice in accord with the requi rem ents of 19.12.110(D)for app Iicationsthat do not need a public hearing or public meeting. SECTION 5. Section 19.12.120, "Action by Director of Community Development - Administrative" , of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read asfollows: 19.12.120 Action by Director of Community Development — Administrative. A. For applications requiring Administrative review with no public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100, issue his or her decision no later than thirty days from receipt of all information, unless referred to a different approval authority for a decision. B. For applications requiring Administrative review with a public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100: 1. Issue his or her decision at the conclusion of the public meeting, public hearing or comment period; 2. Continuethe item for additional public hearings, public meetings or comment period; or 3. Defer action by taking the item under advisement and issuing the decision no later than thirty daysfollowing the public meeting, public hearing or comment period. No additional noticing is required if a project is continued. C. For applications where a public meeting or public hearing is required to beheld before the Director of Community Development, the meeting shall be held in the same manner as a Design Review Committee meeting. SECTION 6. Section 19.12.150, " Notice of Decision and Reports", of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read asfollows: 19.12.150 Notice of Decision and Reports. A. Noticeof decision: 1. The decision for applications approved with a public meeting or public hearing shall be mailed to the property owner and applicant at the address shown on the application. 2. The decision for applications approved with a comment period or upon revocation proceeding shall be mailed to the property owner and the applicant at the address shown on the application and any person who has commented on the proposed project within the comment period or during revocation proceedings. 3. Thedecision shall contain thefollowing: a. Applicable findings; -50- b. Any reasonable con ditionsor rest rictionsdeemed necessary to secure the purpose of this title and to assure operation of the development and/or use in a manner compatiblewith existing and potential useson adjoining propertiesand in thegeneral vicinity; and c. Reporting/monitoring requirements deemed necessary to mitigateany impacts and protect the health, safety and welfare of the City. 4. The decision of the Director of Community Development, Design Review Committeeor Planning Commission shall befinal unlessappealed in accord with Section 19.12.170. A decision of the City Council shall befinal. B. Reports: The Director of Community Development shall endeavor to forward reports, within fivecalendar daysfrom thedateof thedecision, to the: 1. Planning Commission and the City Council of adecision by the Director of Community Development. 2. Planning Commission and the City Council of a decision by the Design Review Committee. 3. City Council of a decision by the Planning Commission. SECTION 7. Section 19.12.180, " Expiration, Extension, Violation and Revocation", of Chapter 19.12 of Title 19 of the Cupertino M unicipal Code is hereby amended to read as follows: 19.12.180 Expiration, Extensions, Violation and Revocation. A. Expiration. 1. Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19.12.030 following its issuance, unless shorter or longer time period is specifically prescribed in the conditions of permit or variance or the Section of the M unici pal Code pursuant to which the permit or variance is issued, u n I ess: a. A building permit is filed and accepted by the City (fees paid and control number issued.) In the event that a building permit expires for any reason, the permit shall become null and void. b. A perm i t or vari an ce sh al I be deem ed "vested" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the usefor which aconditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3. U n I ess a vari an ce or exception hasexp ired pursuant to subsection 1 of thissect ion, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval, unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign -51- exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued. B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority, be extended for thetimeframe specified in Section 19.12.030, upon timely submittal of an application with the Director of Community Development prior to expiration. C. Violation. Once a permit or variance is effective, any and all conditions of approval imposed shall become operative, and theviolation of any of them constitutea violation of this Code. D. Revocation. 1. Process: In any casewhere, in thejudgment of the Director, substantial evidence indicates that the conditions of a permit or variance have not been implemented, or where the permit or variance is being conducted in a manner in violation of state and/or local law or detrimental to the public health, safety, and welfare, the Director may commence revocation proceedings as follows: a. For short term rental permits, may servea Noticeof Suspension Pending Revocation, which would require immediate suspension of all short term rental activity pending afinal determination regarding revocation. The notice shall detail thegroundsfor potential revocation of thepermit and allow thirty calendar (30) daysfor awritten statement and/or supporting documentation disputing such grounds. The Director shall issue its determination not morethan thirty calendar (30) daysfrom thedeadlinefor submittal of documentation provided on the Noticeof Suspension Pending Revocation, pursuant to Section 19.12.150. The Director isauthorized to issue administrative guidelines to further define proceduresfor making revocation determinations. b. For all other Permits, shall set a datefor a public hearing before the decision maker granting theoriginal permit or variance, and noticea publichearing in accordancewith Section 19.12.110, Noticing, of thiscode. 2. Findings: A permit may berevoked or modified if any oneof thefollowing findingscan bemadeby theapproval authority reviewing therevocation or modification proceedings: i. That thepermit was obtained by misrepresentation or fraud; and/or ii. That theimprovement, useor activity authorized in compliancewith thepermit had ceased or was suspended for one year or more; and/or iii. That one or more of the conditions of the permit have not been met and/or have been violated; and/or iv. That the owner or occupant of the property is conducting the use or any associated or other useof the property in violation of local and/or state law; and/or v. For short term rentals, in addition to the above, that consent to an inspection is not provided. vi. In the case of revocation of a sign permit, the sign was abandoned for a period of thirty days. -52- SECTION 8. Section 19.20.020, "Permitted, Condition and Excluded Uses in Agricultural and Residential Zones." of Chapter 19.20 of Title 19 of the Cupertino M unici pal Code is hereby amended to read as follows: 19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones. Table 19.20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Residential zones. Table 19.20.020 -Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 1. Agriculture, horticulture, viticulture and forestry, including thefollowing and similar uses: P P - - - - - Fa Field and truck crops, including drying and storage, P P - - - - - Lb Orchards and vineyards, including bottling and storage, P P - - - - - 1Fc--1 Treefarms, botanical conservatories and arboreta, P P IFd. ] Barns and sheds, P P Le Keeping of draft animals, animals providing products used on the property, P P - - - - - f Livestock ranchesand dairy farmsdepending mainly on grazing on the property, P CUP- PC - - IE - -F - - 9 Processing of dairy products produced on the property, P CUP - PC - - - - - F71 Poultry raising and hatcheries, P CUP- PC See #27 I1=1 Apiaries, pursuant to Chapter 8.07, P CUP- PC See #9 53 Table 19.20.020—Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A I A-1 R-1 RHS RIC R-2 R-3 17 Nurseries, greenhouses and landscaping gardens, P I CUP- PC See #20 U Boarding kennels, CUP - PC I CUP - PC - - - - Animal breeding; P UPI. cdm,n. F7 1 2. Fur farms I CUP- PC - - - - - 3. Retail saleof wine, fruit or berries produced on the CUP -CC CUP- CC - - - - - property; 4. Single-family dwelling unit with not more than one dwelling unit per lot/defined air spacefor P P P P P - - condominiums; 5. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.040(1) of thischapter, provided that the Planning Commission _ _ CUP- PC - - - - determinesthat the structure will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; 6. Employee housing: [a. For six or fewer employees in each dwelling unit P P P P P P P on each I of With no more than 36 beds in group quarters or CUP - b. 12 u nits/spaces d esi gned for use by a singlefamiIy P P _ Admin. or household on each lot -54- Table 19.20.020—Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS RIC R-2 R-3 7 An accessory dwelling unit which conformsto the P 1 P P P requirementsof Chapter 19.112; - - - 8. Multiple -family residential dwellings - - - - - - P 9. Accessory facilities and usescustomarily incidental to permitted usesand otherwise conforming with the P P P P P P P provisions of Chapter 19.100 of this title; 10. Utility facilities essential to provision of utility servicesto the neighborhood but excluding business _ P - - P CUP-CC offices, construction or storage yards, maintenance facilities, or corporation yards; 11 ji 11 11 11 11 11. Temporary buildingsfor construction purposes (including trailers) for a period not to exceed the - - - - - - P duration of such construction; 12. Home occupations; When accessory to permitted use and otherwise a. conforming to the provisions of Chapter 19.120 of P P P P P P P thistitle; Requiring aConditional Use Permit pursuant to CUP- CUP- CUP- CUP- CUP- CUP- CUP- b. Chapter 19.120 of this title; Admin. Admin. Admin. Admin. Admin. Admin. Admin. In Short-Term Rentals P P P P P Ex. Ex. 13. Small-family day care home per dwelling unit; 11 P P P P P 1E::P::::]0I 14. Large-family day care home per dwelling unit; -55- Table 19.20.020 -Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 I RHS RIC Which meets the parking criteria contained in Chapter 19.124, and which is at least three hundred feet from any other large -family day care a home. The Director of Community Development or his P P P P P P CUP - Admin. or her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; Which otherwise does not meet the criteria for a b. permitted use. The conditional use permit shall be CUP- CUP- CUP- CUP- CUP- CUP- Cup- UP-processed p rocessedas provided by CA. Health and Safety Admin. Admin. Admin. Admin. Admin. Admin. Admin. Code Section 1597.46(3); 15. Residential carefacility with six or fewer residents, not including the provider, provider family or staff, provided that thefacility obtainsany license, if P P P P P P P required, issued by appropriate State and/or County agencies and/or department; 16. Residential carefacility, in each dwelling unit, with seven or greater residents, not including the provider, provider family or staff, isa minimum distanceof five hundred feet from the property boundary of another CUP -PC CUP -PC CUP -PC CUP -PC CUP- PC * CUP -PC CUP -PC residential carefacility, provided that thefacility obtainsany license, if required, issued by appropriate State and/or County agencies and/or departments; -56- Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS RIC R-2 R-3 17. Congregate residence, in each dwelling unit: SOI La. ] With six or fewer residents P P P P P �0I With seven or greater residents which is minimum distance of onethousand feet from the b. boundary of another congregate residence and CUP -PC CUP -PC CUP -PC CUP -PC CUP- PC * CUP -PC CUP- PC has minimum of seventy-five square feet of usable rear yard area per occupant 18. Transitional housing located in housing of atype P P P P P P F P permitted on the zone; 19. 'Sup portivehousing located in housing of atype permitted in thezone; P P P P P P L— P 20. Horticulture, gardening, and growing of food products; IFa. ] Recreational for personal use; P P P PJE P SOI F Limited to maximum of ten percent of the lot area P and for consumption by occupants of the site; Produce grown on site may be sold if the business C. activity is conducted in a manner consistent with - - - P - - - Chapter 19.120, Home Occupations d. Commercial purposes; See#1 See#1 - CUP - Admin. L _L -57- Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS RIC R-2 R-3 21. Limited commercial recreation uses, such as riding clubsand related stablesand trails, golf courses, - - - CUP- PC - - - swimming and picnicgrounds; 22. Golf coursesand driving ranges; CUP -CC CUP -CC - 23. Commercial swimming pools and picnic areas; CUP -CC CUP -CC - 24. Temporary usessubject to regu I ati ons establ i shed CUP- CUP- CUP- CUP- CUP- CUP- CUP - by Chapter 19.156 Admin. Admin. Admin. Admin. Admin. Admin. Admin. 25. Buildingsor structureswhich incorporate solar design featuresthat require variation from setbacks upon adetermination by the Director that thedesign CUP- CUP- CUP - feature, or features, will not result in privacy impacts, Admin. Admin. Admin. shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area. 26. Transmission lines, transformer stations, television and radio towers, and other public utility and CUP -PC CUP -PC - - - - - communication structures; 27. Adult (over 4 monthsof age) household petsper dwelling unit, limited asfollows: IIa. �N o specified number P P Lb. Maximum of four, provided no morethan two P P P L—P1. adult dogs or cats may be kept on the site - - F Limitedto one per threethousand squarefeet of P lot area, except: - - - t - - - -58- Table 19.20.020—Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses I Zoning Districts A A-1 R-1 J RHS RIC R-2 R-3 Dogs are limited to a maximum of two on lots 1. less than one acre and four for lots greater than one acre. The number of geese, ducks, chickens, rabbits 2. and other farm animals are not limited on a site greater than one acre. 28. Litter of dogs or catsup to four months of age; ID No specified number P P - P InMaximum of one - - P - P 29. Large animals, provided no animals are kept, maintained and raised for commercial purposes, limited asfollows: Two large animals for the first 40,000 square feet a. of land area, except mules and don keys which requ i re 80,000 square feet for the first animal, Lb.Oneadditional largeanimal for each 20,000 squarefeet of land area, See#1 See#1 - Pt - - - Oneadditional largeanimal if said animal is raised for a 4H project, a project sponsored by a C. recognized agricultural organization or a school project, 30. The keeping of any animal not otherwise permitted CUP- above: #27, 28 and 29 Admin. -59- Table 19.20.020—Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS RIC R-2 R-3 31. Riding academies, commercial stables, and the boarding of horses; CUP -CC CUP -CC - - - - 32. Noncommercial stables, and thekeeping of riding horses: a. Limited to three horses on each lot at the any time except that additional foals may be retained for a period of six months; P P - - - - - IFb7 In excess of the number permitted in 32(a) CUP- CC CUP -CC 33. Cemeteries, crematoriums, mausolea, and columbariums CUP -CC CUP -CC - - - - 34. M i nes, quarries and gravel pits; CUP - CC CUP -CC - I - - I - 35. Guest ranches; CUP - CC CUP - CC - - - L - L1I 36. Publicand quasi -public buildings and uses. CUP- CC CUP- CC - - I - SOI 37. Hog farms; Ex Ex 38. Cattle farms mainly depending upon feed brought onto the property; Ex Ex - - - _F - - 39. Slaughterhouses, fertilizer yards, feed yards, boneyardsor plantsfor the reduction of animal matter; Ex Ex - - - - - 40. Commercial feed sales; Ex Ex - - 41. Other semiagri cultural uses mainly depending upon raw materials, semifinished products, or feed brought on to the property; Ex Ex - - - - - -60- Table 19.20.020 -Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts Not Allowed A A-1 R-1 I RHS RIC Conditional Use Permit issued by the City Council *- 42. Other agricultural useswhich, in theopinion of the Director of Community Development, create a private or public nuisance. Ex 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 *- May be permitted in locations where the use iscompatiblewith existing and planned useswithin the development area in the opinion of the Director of Community Development, t- The required lot area for alarge animal shall not be included in the required lot area for ahousehold pet or viceversa, except that a maximum of two household pets may be kept with large animals, All animals must be kept and maintained in accordancewith other Cupertino or Santa Clara County codesand ordinances, Ex - Excl u d ed U ses -61- SECTION 9. A new Section 19.12.040, "Short Term Rental Activity", of Chapter 19.120 of Title 19 of the Cupertino M unicipal Code is hereby adopted to read as follows: 19.120.040 Short Term Rental Activity. A. Short term rental activity is allowed to be conducted as home occupation in zones indicated in Chapter 19.20. No dwelling unit shall be used as short term rental unless the host has applied for and received a short term rental permit for the calendar year as provided in this Section. B. In addition to the standards in Table 19.120.030: Standards, all short term rentals shall conform to thefollowing minimum standards: 1. Number of Short- a. A primary residence shall have only one (1) short-term term Rentals rental agreement (i.e., hosting platform booking) per night. 2. Duration a. Hosted stays may occur throughout the calendar year without a limitation on the cumulative number of short term rentals. b. Un -hosted stays shall be limited to 60 days per calendar year. The host shall notify the City of any booked un - hosted staysat least 24 hours before the beginning of the stay in a manner determined by the Director of Community Development. 3. Maximum The maximum number of guests in the short-term rental shall number of guests not exceed a total of two (2) timesthe number of bedrooms in thestructurein which theshort-term rental isoccurring, plus two (2) additional guests. 4. Location Short term rental activity must occur in legally -permitted habitable spaces. 5. Guest Manual a. The host shall prepare a manual of City rules on topics such as noise, trash collection, and vehicle parking. b. The manual shall also include all short term rental activity regulations, including maximum occupancy of the short term rental and the information for the Local Contact. c. All guests shall be notified about the availability of the manual and d. The guest manual it must be prominently located within the short term rental. 6. Parking The primary residence must have the minimum parking spaces available for the zoning district in which it is located pursuant to Chapter 19.124. 62 7. Advertising All short term rental advertisements shall includetheCity short term rental Permit number on every listing 8. Signage Signage must comply with Chapter 19.104. 9. Activities Short term rentals shall not be used for commercial purposes Prohibited and/or special events, such asweddings, corporate events, parties, or other eventsthat arelikely to result in violationsof traffic, parking, noise, other standards regulating the residential use and character of the neighborhood or any activities after 10:00 p.m. C. The short term rental permit application shall be made, as required by Chapter 19.12, on aform provided by the City, which shall include all applicable information required per Section 19.12.080, and shall additionally include the following (as applicable): 1. Proof of Primary Residence: Applicant shall provide documentation that the property where the short term rental activity is to be conducted is the host's primary residence. 2. Tenant Authorization: A tenant host must present written authorization allowing use of the leased property for short term rental activity from the property owner or the property owner's authorized agent. 3. Local Contact: Applicant shall provide the contact information for the designated local contact. 4. Consent to Inspections: Consent to inspection(s) by City staff for the purpose of verifying compliance with this Section during regular business hours (7:30am to 5:30pm) or if in response to a complaint, regardless of the time. 5. Identify the guest parking space(s) on the site on a site plan. D. Findings: The Director shall approve a permit for any short term rental activity if he or she findsthat: 1. The short term rental application is complete with all required information; 2. The short term rental is not currently in violation of any provision of the Cupertino Municipal Code or has not had will reoccurring violations of the Cupertino Municipal Code within the last six (6) months from permit application submittal; 3. Operation of the short term rental is not a public nuisance or threat to the public health, safety, or welfare. -63- E. The short term rental permit processing, appeals, and/or revocation shall be as provided for in Chapter 19.12. F. Record of Local Contact Information: The City shall maintain a list of permitted short term rentalswith "Local Contact" contact information. SECTION 10. Former Section 19.12.040, " Interpretation of Standards", of Chapter 19.120 of Title 19 of the Cupertino Municipal Code is hereby renumbered to Section 19.12.050. SECTION 11. Former Section 19.12.050, " Excluded Occupations", of Chapter 19.120 of Title 19 of the Cupertino Municipal Code is hereby renumbered to Section 19.12.060 and amended to read asfollows: 19.120.060 Excluded Occupations. The occupations listed below, shall not be considered incidental and secondary to the useof a residencefor dwelling purposesand aretherefore prohibited in residential zones: A. Automobile repair shops, including paint and body work; B. Barbershops and beauty parlors; C. Clinics and hospitals, also veterinary (animal) clinics and hospitals; D. Kennels and other boarding for pets, in excess of the number of animals allowed in the base zoning district where specified; E. Medical officesfor physicians, dentists, osteopaths, and other practitioners; F. Private schoolswith organized classes; G. Upholstery, small engine repair, welding shops; H. Other useswhich arefound by the Community Development Director to beof similar intensity and characteristics of usetothoseenumerated in thissection, and are thus inconsistent with thestated purposesof thischapter. SECTION 12. Former Section 19.12.060, "Nonconforming Uses", of Chapter 19.120of Title 19 of the Cupertino Municipal Code is hereby renumbered to Section 19.12.070. SECTION 13: Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. SECTION 14: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 15: Certification. The City Clerk shall certify to the passage and adoption of th i s Ord i n an ce an d shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. SECTION 16: Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. INTRODUCED at a regular meeting of the Cupertino City Council the day of 2018 and ENACTED at a regular meeting of the Cupertino City Council on this of 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk -65- APPROVED: Mayor, City of Cupertino Comparison of STR Regulations REGULATIONS IN OTHER CITIES Berkeley Los Altos Hills Pasadena Pacific Grove San Francisco San Jose Sunnyvale Cupertino Limits on STR Units One STR unit per One STR rental per Limit on STRs per property Not specified property Not specified One STR unit per property Not specified Not specified Not specified night Owner's Primary STR must be operator's primary residence x Residence x Not specified x x x x Hosted Stay Limitation None None specified None None None None None specified None Limit un -hosted stays per year 90 days/yr Not specified 90 days/yr Not specified 90 days/yr 180 days/yr Prohibited 60 days/yr REGULATIONS IN OTHER CITIES Occupancy Host resen ing e- ami y: ; Host Present Multifamily: 2/dwelling unit; 4 guests/night (not Max Occupancy: 2 times Host not present: 2/Studio Unit, 3/first bedroom, including accompanied the number of bedrooms Occupancy Limits Housing Code Not specified 2 guests/room +2 2 guests/room +1 Housing Code 2/subsequent room up, to 10 max minors) in the structure plus 2 Parking 77n --Mie parKing per All STR parking must Zoning requirements be provided on-site in STR parking shall be (STR parking to be approved parking STR parking shall be provided on-site as designated in Parking Requirements Not specified areas. provided on-site designated Not specified On-site parking per Zoning requirements Not specified application) REGULATIONS IN OTHER CITIES Insurance Liability Insurance Liability Insurance Insurance required $1,000,000 min Not specified Not specified Not specified $500,000 min Not specified Not specified Not specified Guest Notification Information on city rules regarding noise, trash collection, etc. must be provided to guests x Not specified Not specified x Not specified Not specified Not specified x Local Contact and Neighbor Notification Local contact required, Local contact required, Local contact that can respond within 30- no response time no response time 60 minutes 60 minutes Not specified requirement 30 minutes Not specified 60 minutes Host on-site requirement Notification with Local Notification with Local Notification to adjacent properties of STR Contact info Not specified x Contact info Notifiction within 300 ft Notification with Local Contact info Not specified Not required REGULATIONS IN OTHER CITIES Non -Habitable Spaces and Events Rental of sleeping space in or on balconies, porches, tents, sheds, vehicles or outdoor STRs only allowed in STRs only allowed in areas is prohibited Housing Code x habitable spaces Not specified x Housing Code x habitable spaces No events or commercial uses permitted Not specified x x Not specified Not specified Not specified Not specified x REGULATIONS IN OTHER CITIES Examples of Violation Penalties & Enforcement Fees Prohibited from operating for After multiple violations STR Approval may be Revoking of license/permit after verified one year upon issuance of a After 3 validated Suspension of permit May be revoked or will be removed from the revoked if found to be May be revoked after violations third violation affidavit. nuisance violations after 3 violations suspended for any reason registry Not specified in violation verified violations Administrative Penalties (not more than 4-8 times 2% of rent charged during the standard initial enforcement. Council Council may establish Council may establish hourly administrative Council may establish Charges an enforcement fee may revise by resolution. fees by resolution fees by resolution Not specified rate) Not specified fees by resolution Not specified Home Sharing License ($425 STR Application application fee + $260 ($86.50 review fee + annually) for property owner $20.50 tech fee) Not a occupied, one bedroom cost recovery city. STR Permit Required Zoning Certificate ($220) STR License (fee rentals. STR License ($1,195) STR Application ($250). Business License combined with Business Registration Required required amount TBD) STR Permit ($100) for entire dwelling rentals. Business License required. Not specified required. License ($144) Registration/Permit/License number must be included in listings x Not specified x x x Not specified x x [Section 19.08.010 -19.08.020 - No Change] 19.08.030 Definitions. Throughout this title the following words and phrases shall have the meanings ascribed in this section. A. "A" Definitions: "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. "Abutting" means having property or district lines in common. "Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility and which meets the applicable conditions set forth in Chapter 19.100, Accessory Buildings/Structures. Code.unit whic-14 provides complete independent living faeilities for one E)r- fner-e per -sons. sanitation on the same par -Eel as the single family dwelling is situated. An accessory dwelling unit also ineludes the felleiving.: 1. An efficienEy unit-, as defined in Section 17958.1 of Health and Safety 2. A manufactur-ed home, as defined in Seetien 18007 of the Health and Safet�- "Accessory structure" means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded. "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area ratio. "Adjacent property" means property that abuts the subject property, including property whose only contiguity to the subject site is a single point and property directly opposite the subject property and located across a street. "Adult bookstore" means a building or portion thereof used by an establishment having as a substantial or significant portion of its stock in trade for sale to the public or certain members thereof, books, magazines, and other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined. "Adult cabaret" means a building or portion thereof used for dancing purposes thereof or area used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male or female impersonators or similar entertainers, for observations by patrons or customers. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patrons or customers. "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification. "Aerial" means a stationary transmitting and/or receiving wireless communication device consisting of one or any combination of the elements listed below: 1. "Antenna" means a horizontal or vertical element or array, panel or dish that may be attached to a mast or a tower for the purpose of transmitting or receiving radio or microwave frequency signals. 2. "Mast" means a vertical element consisting of a tube or rod which supports an antenna. 3. "Tower" means a vertical framework of cross elements which supports either an antenna, mast or both. 4. "Guy wires" means wires necessary to insure the safety and stability of an antenna, mast or both. "Affordable housing cost" means the amount set forth in the Health and Safety Code Section 50052.5, as may be amended. "Affordable rent" means the amount set forth in the Health and Safety Code Section 50053, as may be amended. "Affordable units" means housing units available at affordable rent or affordable housing cost to lower or moderate income households. "Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture, livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard, or plants for the reduction of animal matter or any other similar use. "Alley" means a public or private vehicular way less than thirty feet in width affording a secondary means of vehicular access to abutting property. "Alteration", for purposes of the Sign Ordinance, means any permanent change to a sign. "Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure, or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure. 1. "Incidental alteration" means any alteration to interior partitions or interior supporting members of a structure which does not increase the structural strength of the structure; any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility services, fixtures, or appliances; any addition, closing, or change in size of doors or windows in the exterior walls; or any replacement of a building facade which does not increase the structural strength of the structure. 2. "Structural alteration" means any alteration not deemed an incidental alteration. "Amusement park" means a commercial facility which supplies various forms of indoor and outdoor entertainment and refreshments. Animal: 1. Animal, Adult. "Adult animal" means any animal four months of age or older. 2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or similar domestic or wild animal, as determined by the Planning Commission. 3. Animal, Small. "Small animal" means animals which are commonly found in single-family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc. "Animal care" means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short- term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services. "Apartment" means a room or a suite of two or more rooms which is designed for, intended for, and occupied by one family doing its cooking there. "Apartment house" means a building designed and used to house three or more families, living independently of each other. "Apartment project" means a rental housing development consisting of two or more dwelling units. "Approval Body" means the Director of Community Development and his/her designee, the Planning Commission or City Council depending upon context. "Architectural feature" means any part or appurtenance of a building or structure which is not a portion of the living area of the building or structure. Examples include: cornices, canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of the floor area shall not constitute an architectural projection. "Architectural projection," for purposes of the Sign Ordinance, means any permanent extension from the structure of a building, including the likes of canopies, awnings and fascia. "Atrium" means a courtyard completely enclosed by walls and/or fences. "Attic" means an area between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable. "Automotive service station" means a use providing gasoline, oil, tires, small parts and accessories, and services incidental thereto, for automobiles, light trucks, and similar motor vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of food or grocery items on the same site is prohibited except for soft drinks and snack foods, either from automatic vending machines or from shelves. The sale of alcoholic beverages on the site is governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline. "Automotive repair and maintenance (minor)" means the supplying of routine automotive services such as lubrication, engine tune-ups, smog certificates, servicing of tires, brakes, batteries and similar accessories, and minor repairs involving engine accessories. Any repair which requires the engine, drive train, transmission assembly, exhaust system, or drive train parts to be removed from a motor vehicle or requires the removal of internal parts shall not be considered minor. Body and paint shop operations are not minor repairs or maintenance. "Average slope" means the ratio between vertical and horizontal distance expressed in percent; the mathematical expression is based upon the formula described below: S=IxLx100 A S = Average slope of ground in percent; L = Combined length in feet of all contours on parcel; I = Contour interval in feet; A = Area of parcel in square feet. B. "B" Definitions: "Banks" means financial institutions including federally -chartered banks, savings and loan associations, industrial loan companies, and credit unions providing retail banking services to individuals and businesses. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code Section 1789.31 as amended from time to time. "Basement" means any floor below the first story in a building that is fully submerged below grade except for lightwells required for light, ventilation and emergency egress. A basement may have a maximum exterior wall height of two feet between natural grade and ceiling. "Block" means any lot or group of contiguous lots bounded on all sides by streets, railroad rights-of-way, or waterways, and not traversed by any street, railroad right-of- way or waterway. "Boarding house" means any building used for the renting of rooms or providing of table board for from three to five persons, inclusive, over the age of sixteen years, who are not members of the same family. "Building" means any structure used or intended for supporting or sheltering any use or occupancy when any portion of a building is completely separated from every other portion by a "Fire Barrier" as defined by the California Building Code, then each portion shall be deemed to be a separate building. 1. "Attached building" means buildings which are structurally connected by any structural members or wall, excluding decks, patios or fences. "Building coverage" means that portion of the net lot area encompassed within the outermost wall line which defines a building enclosure. "Building frontage" means the length or the surface of the building wall which faces, and is visible to the general public from, a private or public right-of-way or driveway. "Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs and structures, hotels and motels, and recreational and amusement enterprises conducted for profit. "Business or trade school" means a use, except a college or university, providing education or training in business, commerce, language, or similar activity or pursuit, and not otherwise defined as a home occupation. C. "C" Definitions: "Canopy" means any roof -like structure, either attached to another structure or freestanding, or any extension of a roof line, constructed for the purpose of protection from the elements or aesthetic purposes in connection with outdoor living. "Car shelter" means a roofed structure or a part of a building not enclosed by walls, intended and designed to accommodate one or more vehicles. "Caretaker" means a person or persons employed for the purpose of protecting the principal use of the property or structure. "Centerline" means the centerline as established by the County Surveyor of Santa Clara County, the City Engineer, or by the State Division of Highways of the State of California. "Changeable copy sign" means any sign, or portion, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs, but excluding electronic reader board signs and signs which display the current time or temperature. "Change of face" means any changes to the letter style, size, color, background, or message. "Change of use" means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change in ownership, tenancy or management where the previous nature of the use, line of business, or other function is substantially unchanged. "Child" means a person who is under eighteen years of age. "Child day care facility" means a facility, licensed by the State or County, which provides non-medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty -four-hour basis. Child day care facility includes day care centers, employer sponsored child-care centers and family day care homes. "Church" means a use providing facilities for organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section. "College" or "university" means an educational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree or defined by Section 94110 of the Education Code of the State of California, or successor legislation. "Collocation" means the placement of aerials and other facilities belonging to two or more communication service providers on a single mast or building. "Commercial recreation" means a use providing recreation, amusement, or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services, operated on a private or for-profit basis, but excluding uses defined as outdoor recreation services. "Community center" means a place, structure, area, or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designated to accommodate and serve a significant segment of the community. "Commercial district," for purposes of the Sign Ordinance, means an area of land designated for commercial use in the current Cupertino General Plan. "Common interest development" means the following, all definitions of which are based upon Civil Code Section 4100 or subsequent amendments: 1. A condominium project, 2. A community apartment project, 3. A stock cooperative, or 4. A planned development. "Community organization" means a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses. "Concession" means a benefit offered by the City to facilitate construction of eligible projects as defined by the provisions of Chapter 19.56, Density Bonus. Benefits may include, but are not limited to, priority processing, fee deferments and waivers, granting of variances, and relaxation of otherwise applicable permit conditions or other concessions required by law. "Condominium conversion" or "Conversion" means a change in the type of ownership of a parcel (or parcels) of land, together with the existing attached structures, to that defined as a common interest development, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structure. "Condominium project" or "project" includes the real property and any structures thereon, or any structures to be constructed thereon, which are to be divided into condominium ownership. "Condominium units" or "units" means the individual spaces within a condominium project owned as individual estates. "Congregate residence" means any building or portion which contains facilities for living, sleeping and sanitation, as required by the California Building Code and may include facilities for eating and cooking for occupancies other than a family. A congregate residence may be a shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or lodging houses. "Convalescent facility" means a use other than a residential care home providing inpatient services for persons requiring medical attention, but not providing surgical or emergency medical services. "Convenience market" means a use or activity that includes the retail sale of food, beverages, and small personal convenience items, including sale of food in disposable containers primarily for off -premises consumption, and typically found in establishments with long or late hours of operation and in relatively small buildings, but excluding delicatessens and other specialty food shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh -cut meats. "Corner triangle" means a triangular-shaped area bounded by the following, unless deemed otherwise by the City Engineer: 1. The intersection of the tangential extension of front and street side property lines as formed by the intersection of two public rights-of-way abutting the said property lines; and 2. The third boundary of the triangular-shaped area shall be a line connecting the front and side property lines at a distance of forty feet from the intersection of the tangential extension of front and side property lines. "Corner triangle," for purposes of the Sign Ordinance, means a triangular-shaped area of land adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner Triangle -Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle -Uncontrolled Intersections for details.) "Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings, including the open space in a house court or court apartment providing access. "Covered parking" means a carport or garage that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not ordinarily roof coverings and cannot be used in providing a covered parking space. D. "D" Definitions: "Day care center" means any child day care facility, licensed by the State or County, other than a family day care home, and includes infant centers, preschools, and extended day care facilities. Day Care Home, Family. "Family day care home" means a home, licensed by the State or County, which regularly provides care, protection and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardian are away, and includes the following: 1. "Large -family day care home," which means a home which provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, as set forth in the California Health and Safety Code Section 1597.465; 2. "Small -family day care home," which means a home which provides family day care to eight or fewer children, including children under the age of ten years who resides at the home, as set forth in the California Health and Safety Code Section 1597.44. "Decorative statuary," for purposes of the Sign Ordinance, means any structure or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Demonstrated safety" means a condition requiring protection from the threat of danger, harm, or loss, including but not limited to the steepness of a roadway or driveway that may create a hazardous parking situation in front of a gate. "Demonstrated security" means a condition requiring protection from the potential threat of danger, harm or loss, including but not limited to a location that is isolated and invisible from public view or that has experienced documented burglary, theft, vandalism or trespassing incidences. "Density bonus" means a density increase over the otherwise maximum allowable residential density in accordance with the provisions of Chapter 19.56 as of the date of the project application. "Developer" means the owner or subdivider with a controlling proprietary interest in the proposed common interest development, or the person or organization making application, or a qualified applicant who has entered into a development agreement pursuant to the procedures specified in Chapter 19.144. "Development agreement" means a development agreement enacted by legislation between the City and a qualified applicant pursuant to Government Code Sections 65864 through 65869.5. "Development standard" means a site or construction regulation, including, but not limited to, a setback requirement, a floor area ratio, and onsite open -space requirement, or a parking ratio that applies to a development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. "District" means a portion of the property within the City within which certain uses of land, premises and buildings are permitted and certain other uses of land, premises and buildings are prohibited, and within which certain yards and other open spaces are required and certain building site areas are established for buildings, all as set forth and specified in this title. "Drinking establishment" means an activity that is primarily devoted to the selling of alcoholic beverages for consumption on the premises. "Drive-through establishment" means an activity where a portion of retailing or the provision of service can be conducted without requiring the customer to leave his or her car. "Driveway" means any driveway that provides direct access to a public or private street. Driveway, Curved. "Curved driveway" means a driveway with access to the front property line which enters the garage from the side at an angle of sixty degrees or greater to the front curbline and which contains a functional twenty -foot -deep parking area that does not overhang the front property line. "Duplex" means a building, on a lot under one ownership, containing not more than two kitchens, designed and used as two dwelling units, of comparable size independent of each other. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy on a non -transient basis and having not more than one kitchen. "Dwelling unit, accessory" means an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons, on the same parcel as a principal dwelling unit. It must include permanent provisions for living, sleeping eating, cooking and sanitation. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code. Z O "Dwelling unit, principal" means the principal facility on a parcel zoned or used for detached single family residential use. U w E. "E" Definitions: "Economically feasible" means when a housing development can be built with a u reasonable rate of return. The housing developer's financial ability to build the project shall not be a factor. Emergency Shelter: "Emergency shelter, rotating" means a facility that provides temporary housing with minimal supportive services and meets criteria in Section 19.76.030(2). "Emergency shelter, permanent" means a permanently operated facility that provides temporary housing with minimal supportive services and meets criteria in Section 19.76.030(3). "Employee Housing" means accommodations for employees as defined by Health and Safety Code 17008, as may be amended. "Enclosed" means a covered space fully surrounded by walls, including windows, doors and similar openings or architectural features, or an open space of less than one hundred square feet fully surrounded by a building or walls exceeding eight feet in height. "Entry feature" means a structural element, which leads to an entry door. "Equestrian center" means a facility for the shelter, display, exhibition, keeping, exercise or riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture lands, corrals and trails. "Equipment yard" means a use providing for maintenance, servicing or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity, including but not limited to, a construction material yard, corporation yard, vehicular service center or similar use. F. "F" Definitions: "Facility" means a structure, building or other physical contrivance or object. 1. "Accessory facility" means a facility which is incidental to, and customarily p associated with a specified principal facility and which meets the applicable conditions u set forth in Chapter 19.8919.100. 2. "Noncomplying facility" means a facility which is in violation of any of the site p development regulations or other regulations established by this title, but was lawfully U existing on October 10, 1955, or any amendment to this title, or the application of any district to the property involved by reason of which the adoption or application the facility becomes noncomplying. 3. 'Principal facilities" means a main building or other facility which is designed and constructed for or occupied by a principal use. "Family" means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind. "Fence" means a man-made structure which is designed, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Fence height" means the vertical distance from the highest point of the fence (excluding post caps) to the finish grade adjoining the fence. In a case where the finish grade is different for each side of the fence, the grade with the highest elevation shall be utilized in determining the fence height. "Financial institutions" means a company engaged in the business of dealing with monetary transactions, such as deposits, loans, investments and currency exchange. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code Section 1789.31 as amended from time to time. "First floor" means that portion of a structure less than or equal to twenty feet in height, through which a vertical line extending from the highest point of exterior construction to the appropriate adjoining grade, passes through one story. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator shafts; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet in height between any floor level and the ceiling above; 6. Basements with lightwells that do not conform to Section 19.28.070(I); 7. Residential garages; 8. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls; 9. Sheds and accessory structures. "Floor area" shall not include the following: 1. Basements with lightwells that conform to Section 19.28.070(I); 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; 5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls. "Floor area ratio" means the ratio of gross floor area on a lot to the lot area. "Foot-lambert" means a unit measurement of the brightness of light transmitted through or reflected from an object or surface. "Freeway" means any public roadway so designated by the State of California. "Front wall" means the wall of a building or other structure nearest the street upon which the building faces, but excluding certain architectural features as defined in this chapter. G. "G" Definitions: "Garage" means an accessory building (completely enclosed) or an attached building used primarily for the storage of motor vehicles. "Gasoline service station" means any place of business which offers for sale any motor vehicle fuel to the public. "Grade" or "finished grade" means the lowest point of adjacent ground elevation of the finished surface of the ground paving, or sidewalk, excluding areas where grade has been raised by means of a berm, planter box, or similar landscaping feature, unless required for drainage, within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. "Gross lot area" means the horizontal area included within the property lines of a site plus the street area bounded by the street centerline up to thirty feet distant from the property line, the street right-of-way line and the extended side yard to the street centerline. "Guest room" means a room which is intended, arranged or designed to be occupied by occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room is located, and which contains no kitchen facilities. H. "H" Definitions: "Habitable floor" means the horizontal space between a floor area of at least seventy square feet and the ceiling height measuring at least seven feet six inches above it, except for a kitchen which shall have a ceiling height not less than seven feet above the floor. "Habitable space" means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are not considered habitable space. "Heavy equipment" means any mechanical or motorized device that is not a vehicle or a commercial vehicle as defined in Section 19.08.030(V), including, but not limited to, a backhoe, cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar device. "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction, exclusive of chimneys, antennas or other appurtenances, except that entry features are measured to the top of the wall plate. Height restriction shall be established by establishing a line parallel to the natural grade. "Height", for purposes of the Accessory Buildings/Structures, encompasses the entire wall plane nearest the property line, including roof, eaves, and any portion of the foundation visible above the adjoining finished grade. HEIGHT LIMIT FOR ENTRY FEATURES "Home occupation" means a business, profession, occupation or trade activity which is performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard area or garage associated with that dwelling unit, or a yard area or garage associated with that unit, for purposes of generating income, feEe.Z., by means of the manufacture, and/or sale of goods and/or services or by the short term rental of all or a portion of a dwelling unit, but which activity is clearly incidental to the use of the dwelling for residential purposes. "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons, primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, employees or visitors. "Host" means a natural person or people who offer(s) short term rentals in their primary residence. A host may be further defined as follows: 1. Owner host means a property owner who offers short term rentals in his or her primary residence. 2. Tenant host means a tenant that offers short term rentals at his or her primary residence. "Hosting platform" means a person, legal entity or an association of individuals that provide a means, which may or may not be internet-based, through which a short term rental is offered. A hosting platform generally has the following attributes: allows a host to advertise a short term rental, provides a means to arrange and enter into agreements to occupy short-term rentals, whether payment of rent is made directly to the host or through the hosting platform. "Hosted stay" means that the host is occupying the primary residence during the entire term of a short term rental. When the host is not occupying the primary residence when it is being used as a short term rental, ifthe transaction is considered an "un - hosted stav". "Hotel" means a facility containing rooms or suites, solely occupied, intended or designed for use by guests on a transient occupancy basis. Also may includes guest amenities such as swimming pools, gyms, restaurants, bars, meetings rooms, etc. A short term rental is not a hotel. individual -kitchen faeilifies, used E)r- intended to be used by temper-ar-y evefnight - ----r a -_, whether -on - transient - -- residential - ----r a -y basis, and whether -or -not eating facilities are available on the pFemises. Hotel includes motel, motor- hotel-, tetfr-is-t F_----; -- similar -use, but --= not ---- - - -- --.--- --- - pa -k or -similar --uses. "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. However, no animal including household pets may be kept, maintained and/or raised for commercial purposes except where permitted with required permits. "Household type" means whether the occupants of the housing units are very low income, lower income, moderate income, or senior citizens. "Housing development" means for the purposes of Chapter 19.56, Density Bonus, a development project for 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 substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. I. "I" Definitions: "Industrial district," for purposes of the Sign Ordinance, means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Institutional district," for purposes of the Sign Ordinance, means all BQ, PR, FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi -public designation of the general plan. J. "J" Definitions: "Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap material, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. K. "K" Definitions: "Kitchen" means an area in habitable space used for the preparation of food and including at least three of the following: 1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters; 2. Counter; 3. Refrigerator; 4. Sink. L. "L" Definitions: "Landscaping" means an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. "Late evening activities" means an activity which maintains any hours of operation during the period of eleven p.m. to seven a.m. "Legal substandard lot" means any parcel of land or lot recorded and legally created by the County or City prior to March 17, 1980, which lot or parcel is of less area than required in the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of required street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of a legally created, substandard property which is less than six thousand square feet but equal to or greater than five thousand square feet may utilize such parcel for residential purposes. The owner of a legally created parcel of less than five thousand square feet may also develop the site as a single-family residential building site if it can be demonstrated that the property was not under the same ownership as any contiguous property on the same street frontage as of or after July 1, 1984. "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation for below grade rooms. "Liquor store" means a use requiring a State of California "off -sale general license" (sale for off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total dollar sales accounted for by beverage covered under the off -sale general license. "Living space" means, for the purposes of Chapter 19.112, accessory dwelling units in R-1, RHS, A and A-1 Zones, the same as that set forth in California Government Code Section 65852.2(i). "Loading space" means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. "Local Contact" means the host or a person designated by a host who shall be available during the term of any short term rental for the purposes of: a. Responding within sixty (60) minutes to complaints regarding the condition or operation of the short term rental, or the conduct of guests, and b. Taking appropriate remedial action on behalf of the host to resolve such complaints. "Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an accessory building on a transient basis, whether or not meals are provided to the person. Lodging shall be subject to the residential density requirements of the district in which the use is located. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended for use by overnight or transient occupants as a single unit, whether located in a hotel or a dwelling unit providing lodging where designed or used for occupancy by more than two persons; each two -person capacity shall be deemed a separate lodging unit for the purpose of determining residential density; each two lodging units shall be considered the equivalent of one dwelling unit. "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use. 1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 2. "Flag lot" means a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. 3. "Interior lot" means a lot other than a corner lot. 4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. "Lot area" means the area of a lot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot acquired, for access and street right-of-way purposes, in fee, easement or otherwise. "Lot coverage" means the following: 1. "Single-family residential use" means the total land area within a site that is covered by buildings, including all projections, but excluding ground -level paving, landscape features, lightwells, and open recreational facilities. Sheds are included in lot coverage. 2. "All other uses except single-family residential" means the total land area within a site that is covered by buildings, but excluding all projections, ground -level paving, landscape features, and open recreational facilities. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line. "Lot line" means any boundary of a lot. 1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. Lot line length does not include arc as identified on corner parcels. 2. "Interior lot line" means any lot line not abutting a street. 3. 'Rear lot line" means the lot line not intersecting a front lot line which is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. 4. "Side lot line" means any lot line which is not a front or rear lot line. 5. "Street lot line" means any lot line abutting a street. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds which has been recorded. "Lot width" means the horizontal distance between side lot lines, measured at the required front setback line. "Lower-income household" means a household whose gross income does not exceed that established by Health and Safety Code Section 50079.5, as may be amended. M. "M" Definitions: "Major renovation," for purposes of Chapter 19.116, Conversions of Apartment Projects to Common Interest Development, means any renovation for which an expenditure of more than one thousand dollars was made. "Major repair," for purposes of Chapter 19.116, Conversions of Apartment Projects to Common Interest Development, means any repair for which an expenditure of more than one thousand dollars was made. "Major Transit Stop," for purposes of Chapter 19.56, Density Bonus, means an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than 25 percent of their area farther than one-half mile from the stop and if not more than 10 percent of the units or 100 units, whichever is less, in the housing development are farther than one-half mile from the stop as set forth in Government Code Section 65915(p)(3)(A), as may be amended. "Manufacturing" means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing fabrication, assembly, treatment, packaging of products, but excluding basic industrial processing of extracted or raw materials, processes utilizing inflammable or explosive material (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. "Massage parlor" means a building or portion thereof, or a place where massage is administered for compensation or from which a massage business or service for compensation is operated which is not exempted or regulated by the Massage Establishment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06. "Maximum allowable residential density," for purposes of Chapter 19.56, Density Bonus, means the maximum density allowed under the zoning ordinance and land use element of the general plan. For purposes of that Chapter, if the maximum density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. "Minor change" means an alteration or modification of an existing plan, development or project which is substantially inferior in bulk, degree or importance to the overall dimension and design of the plan, development or project with no change proposed for the use of the land in question, no change proposed in the character of the structure or structures involved, and no variance required. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semi- permanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach. "Mobilehome park" means any area or tract of land where lots are sold, rented, or held out for rent to one or more owners or users of mobilehomes, excluding travel -trailers, for the purpose of permanent or semi-permanent housing. "Moderate income household" means a household whose gross income does not exceed that established by Section 50093 of the Health and Safety Code, as may be amended. "Multiple -family use" means the use of a parcel for three or more dwelling units which may be in the same building or in separate buildings on the same parcel. N. "N" Definitions: "Natural grade" means the contour of the land prior to improvements or development, unless otherwise established by a City approved grading plan that is part of a subdivision map approval. "Nightclub" means an establishment providing alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service. O. "O" Definitions: "Office" means: 1. "Administrative or executive offices" including those pertaining to the management of office operations or the direction of enterprise but not including merchandising or sales services. 2. "Medical office" means a use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the State of California and including services related to medical research, testing and analysis. 3. "Professional offices" such as those pertaining to the practice of the professions and arts including, but not limited to, accounting, architecture, dentistry, design, engineering, including associated testing and prototype development, but excluding product manufacturing and/or assembly, law and medicine, but not including sale of drugs or prescriptions except as incidental to the principal uses and where there is external evidence of such incidental use. 4. "Office district," for purposes of the Sign Ordinance, means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA or OP zone or which are designated for offices on the general plan. "Offset" means the indentation or projection of a wall plane. "Open" means a space on the ground or on the roof of a structure, uncovered and unenclosed. "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a common interest development. "Outdoor recreation use" means a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities. P. "P" Definitions: "Park" means any open space, reservation, playground, swimming pool, golf course, recreation center, or any other area in the City owned or used by the City or County and devoted to active or passive recreations. "Parking area" means an unroofed, paved area, delineated by painted or similar markings, intended and designed to accommodate one or more vehicles. "Parking facility" means an area on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this title. Parking facility includes parking lots, garages and parking structures. 1. "Temporary parking facility" means parking lots which are not required under this title and which are intended as interim improvements of property subject to removal at a later date. "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. Parking space is equivalent to the term "parking stall" and does not include driveways, aisles or other features comprising a parking facility as previously defined in this chapter. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Permit" means a permit issued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings, structures, land and/or uses. Permits may include but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential Permits, Architectural and Site Approvals, Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps. "Person" means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any other form of business or legal entity. "Personal fitness training center" means a facility providing space and equipment, with or without supervision, for group or individual athletic development, increased skill development in sports activity, or rehabilitative therapy for athletic injury. "Perspective drawing" means a rendering of a three-dimensional view depicting the height, width, depth, and position of a proposed structure in relation to surrounding properties and structures when viewed from street level. "Picnic area" means a facility providing tables and cooking devices for preparation and consumption of meals out of doors or within an unenclosed shelter structure. "Practice range" means a facility providing controlled access to fixed or movable objects which are used to test and measure accuracy of discharge from a weapon. "Private educational facility" means a privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. "Primary residence" means residential real property at which a person resides a majority of the time, carries on basic living activities, and the place he or she usually returns to, in the event of travel. Evidence, such as motor vehicle registration, voter registration, a homeowner's exemption on the property tax bill or other similar documentation, may be required by the City to determine whether the property is the primary residence. "Project improvements" means all public road improvements, undergrounding utility improvements, and improvements to the on-site utility networks as required by the City of Cupertino for a common interest development. "Projection" means architectural elements, not part of the main building support, that cantilevers from a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects. "Promotional device" means any sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Property" means real property which includes land, that which is affixed to the land, and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through 662. 1. Property, Adjoining. "Adjoining property" means any unit of real property, zU-) oz z� W� Q U Q � O H P, Un O 0 excluding lands used as public streets, sharing one or more common points with Z another property. O "Property Owner" means any person, legal entity, or association of individuals, that U is the owner(s) of record of real property, as documented by a deed or other such w evidence of ownership. a "Provider" means a person who operates a child day care home and is licensed by the I U State of California. "Public dancehall" is a building or portion used for dancing purposes to and in which the general public is admitted and permitted to dance, upon payment of any fee other than compensation, or upon payment of a charge for admission, or for which tickets or other devices are sold, or in which a charge is made for the privilege of dancing with any other person employed for such purpose by the operator of the establishment, including but not limited to taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is incidental only to other entertainment. Q. "Q" Definitions: "Qualified applicant" is a person who has a legal or equitable interest in real property which is the subject of a development agreement, determined pursuant to Section 19.116.070. Qualified applicant includes an authorized agent. "Qualifying resident" for purposes of Chapter 19.56, Density Bonus, of this Code, means a senior citizen or other persons eligible to reside in a senior citizen housing development. R. "R" Definitions: "Recreational open space" means open space within a common interest development (exclusive of required front setback areas) which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings and landscaped areas may be included as open space. "Recyclable materials" means discards or waste materials that may be separated or mixed, collected and processed, and used as raw materials for new products. For purposes of Chapter 19.108, Beverage Container Redemption and Recycling Centers, recyclable materials do not include hazardous materials. "Recycling center" means a facility for the collection and/or processing of recyclable materials. Recycling center does not include storage containers or processing activity located on the premises of a commercial or manufacturing use and use solely for the recycling of material generated by that business or manufacturer. 1. 'Recycling center, Certified" or "Certified Processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. 2. "Recycling center, Mobile" means an automobile, truck, trailer or van licensed by the Department of Motor Vehicles, which is used for the collection of recyclable material. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials. A mobile recycling center may consist of an enclosed vehicle such as box cab or enclosed semi -trailer or an open vehicle such as a flatbed trailer with bins or boxes to contain recyclable materials. "Recycling facilities" may include the following: 1. "Collection facility" means a facility for the acceptance (donation, redemption or sale) of recyclable materials from the public. Such a facility does not use power -driven processing equipment except as indicated in Chapter 19.108, Beverage Container Redemption and Recycling Centers. Collection facilities may include the following: a. Reverse vending machine(s); b. Small collection facilities which occupy an area of not more than five hundred square feet, and may include: i. A mobile recycling unit, ii. Bulk reverse vending machine or a grouping of reverse vending machines occupying more than fifty square feet, iii. Kiosk type units and bulk vending machines, iv. Unattended containers placed for the donation of recyclable materials; c. Large collection facilities which may occupy an area of more than five hundred square feet, or is on a separate property not appurtenant to a host use, and may include permanent structures. 2. "Processing facility" means a building or enclosed space use for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end -user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facility includes the following: a. A light processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source -separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. b. A heavy processing facility is any processing facility other than a light processing facility. "Religious institution" means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities including accessory housing incidental thereto, but excluding a private educational facility. Any use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. "Research and development" means a use engaged in study, design, analysis and experimental development of products, processes or services, including incidental manufacturing of products or provisions of services to others. "Residential care facility" means a building or portion designed or used for the purpose of providing twenty -four -hour -a -day nonmedical residential living accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code (H&SC Section 1250 et seq.), community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise handicapped (W&I Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11384.11), and other similar care facilities. "Residential district," for purposes of the Sign Ordinance, means the R1, RHS, R2, R3, RIC, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. Restaurant: 1. Restaurant, Fast -Food. "Fast-food restaurant" means a retail food service establishment in which prepared foods or beverages are served or sold on or in disposable containers, including those establishments where a substantial portion of the patrons may serve themselves and may consume the food and beverages off-site. A separate bar facility for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food restaurants. 2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a fast-food restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, a separate bar facility for serving alcoholic beverages is not permitted without a use permit. "Reverse vending machine(s)" means an automated mechanical device which accepts one or more types of empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value, as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling center, multiple grouping of reverse vending machines may be necessary. 1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. S. "S" Definitions: "Screened" means shielded, concealed, and effectively hidden from view at an elevation of up to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof. "Senior citizens" means: 1. Persons at least sixty-two years of age; or 2. Persons at least fifty-five years of age or otherwise qualified to reside in a senior citizen housing development, in accordance with State and federal law. "Senior citizen housing development" means a housing development with at least thirty-five dwelling units as defined in the Civil Code Section 51.3, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, as may be amended. "Setback line" means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of-way or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Setback Area, Required. 'Required setback area" means open space, unoccupied and unobstructed from the ground upward, except as provided in this title, between the lot line and the setback line on the same parcel. 1. Setback Area, Required Front Yard. 'Required front -yard setback area" means the setback area extending across the front of a lot between the front lot line and the setback line. Front yards shall be measured either by a line at right angles to the front lot line, or by a radial line in the case of a curved front lot line, except flag lots which is the area extending across the full extent of the buildable portion of the flag lot measured from the property line which is parallel to and nearest the street line and at which point the lot width equals a minimum of sixty feet. The Director of Community Development shall have the discretion to modify the provisions of this definition when it improves the design relationship of the proposed buildings to adjacent buildings or parcels. 2. Setback Area, Required Rear Yard. "Required rear -yard setback area" means the area extending across the full width of the lot between the rear lot line and the nearest line or point of the main building. 3. Setback Area, Required Side Yard. "Required side -yard setback area" means the area between the side lot line and the nearest line of a building, and extending from the front setback line to the rear setback line. "Shopping center" means a group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the parcel. "Shopping center," for purposes of the Sign Ordinance, means a retail entity encompassing three or more tenants within a single building or group of buildings, but within which individual business located in defined tenant spaces are owned and managed separately from the shopping center management. "Short Term Rental" means any legally permitted dwelling unit, or portion thereof, made available for rent on a transient occupancy basis. Short term rental use shall not be considered a hotel. "Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway) "Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. 1. "Animated sign" means any sign which projects action, motion or the illusion thereof, changes intensity of illumination or changes colors, including the likes of balloons, banners and flags, and blowing or air -powered attractions, but excluding electronic readerboard signs and signs that display the current time or temperature. 2. "Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of the sign in a plane perpendicular to the plane of the building wall. 3. "Development Identification Sign" means a ground sign at the major entry to a residential development with twenty units or more meant to identify the name and address of the development. 4. "Directional sign" means any sign which primarily displays directions to a particular area, location or site. 5. "Directory sign" means any outdoor listing of occupants of a building or group of buildings. 6. "Electronic readerboard sign" means an electronic sign intended for a periodically - changing advertising message. 7. "Freeway oriented sign' means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. 8. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. 9. "Ground sign' means any sign permanently affixed to the ground and not supported by a building structure. The height of the sign shall be measured from the grade of the adjoining closest sidewalk to the top of the sign including trim. 10. "Identification sign' means any sign whose sole purpose is to display the name of the site and the names of the occupants, their products or their services. 11. "Illegal sign" means any sign or advertising statuary which was not lawfully erected, maintained, or was not in conformance with the provisions of this title in effect at the time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. 12. "Illuminated sign' means any sign utilizing an artificial source of light to enhance its visibility. 13. "Informational sign' means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. 14. "Landmark sign' means an existing, legal non-conforming ground sign that has a distinctive architectural style. 15. "Nonconforming sign' means any sign or advertising statuary that was legally erected and had obtained a valid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title. 16. "Obsolete sign" means any sign that displays incorrect or misleading information, promotes products or services no longer available at that site or identifies departed occupants. 17. "Off-site sign" means any sign not located on the premises of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays. 18. "On-site sign' means a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. 19. 'Political sign" means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. 20. 'Portable Sign or Display" means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, flower carts, statues, and other similar devices used for advertising as determined by the Director. 21. "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, owners and operators, completion dates, availability and occupants. 22. "Projecting sign" means any sign other than a wall sign that is attached to and projects from a structure or building face or wall. 23. "Real estate sign" means a temporary sign indicating that a particular premises is for sale, lease or rent. 24. "Roof sign" means a sign erected between the lowest and highest points of a roof. 25. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. 26. "Temporary Sign" means any sign, display, banner or promotional device which is designed or intended to be displayed only during the allowable business hours or for short periods of time as specified by the Director of Community Development. 27. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. 28. "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as having a valid license plate. 29. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to the wall. 30. "Window sign" means any sign that is intended to be read from outside of the structure or painted on a window facing a public street, parking lot, pedestrian plaza or walkway accessible to the public. "Sign Area" for an individually lettered sign without a background, is measured by enclosing the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for examples of sign area calculation) The sign area for a sign with borders and/or background is measured by enclosing the exterior limits of the border or background with a single continuous perimeter. The necessary supports, uprights, and/ or the base on which such sign is placed, shall be excluded from the sign area. When a sign is separated by thirty-six inches or more, the area of each part may be computed separately. "Single family residence," for purposes of Chapter 19.112, shall mean only detached single family dwelling units that are not detached row- houses, duplexes, townhouses, or condominiums or properties that have a shared ownership interest in common open space or recreational areas. "Specialty food stores" means uses such as bakeries, donut shops, ice cream stores, produce markets and meat markets, or similar establishments where food is prepared and/or sold primarily for consumption off the premises. "Site," for purposes of the Sign Ordinance, means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event," for purposes of the Sign Ordinance means a temporary promotional event including, but not limited to, a special sale on merchandise or services, or grand openings. "Special Event Banner" means any temporary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Special needs housing," for purposes of Chapter 19.56, Density Bonus, means any housing, including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to mental health; physical disabilities; developmental disabilities, including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the housing needs of persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, as set forth in Government Code Section 65915(p)(3)(C), as may be amended. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. "Story" means that portion of a building, excluding a basement, between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. "Street" means a public or private thoroughfare the design of which has been approved by the City which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter. 1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and portions and including extensions in the length and width, which have been dedicated by the owners to public use, acquired for public use, or in which a public easement for roadway purposes exists. "Street frontage," for purposes of the Sign Ordinance, means the length of a site along or fronting on a public or private street, driveway or other principal thoroughfare, but does not include such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 1. Structure, Recreational. 'Recreational structure" means any affixed accessory structure or portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not include portable play structures, such as swings or climbing apparatus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof structure or similar physical attachment. "Supportive housing" (per Government Code Section 65582(f), as may be amended) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. T. "T" Definitions: "Target population" (per CA Government Code 65582(8), as may be amended) means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). "Tenant" means any person, legal entity, or association of individuals that is a lessee of real property, as documented by a rental agreement, whether in writing or otherwise. "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy. "Transitional housing" (per CA Government Code 65582(h), as may be amended) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the z 0 H U w a U assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from beginning of assistance. "Trim" means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to a sign. U. "U" Definitions: "Unobstructed Access," for purposes of Chapter 19.56, Density Bonus, means access to a location if a resident is able to access the location without encountering natural or constructed impediments, as set forth in Government Code Section 65915(p)(2), as may be amended. "Use" means the conduct of an activity, or the performance of a function or operation, on a parcel or in a building or facility. 1. "Accessory use" means a use which is incidental to and customarily associated with a specified principal use. 2. "Conditional use" means a use listed by the regulations of any particular district as a conditional use within that district, and allowable solely on a discretionary or conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title. 3. 'Nonconforming use" means a use which is not a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on October 10, 1955; or the date of any amendments thereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. 4. 'Permitted use" means a use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title. 5. 'Principal use" means a use which fulfills a primary function of a household, establishment, institution, or other entity. "Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or less of the principal structure) may be included in calculation of usable rear yard area. V. "V" Definitions: "Variance application" means an application for which an exception process is not identified in the Municipal Code. "Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power. 1. Vehicle, Commercial. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of goods. 2. Vehicle, Recreation. "Recreation vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreation vehicle includes, but is not limited to, trailers, motor coach homes, converted trucks and buses, and boats and boat trailers. "Very low income household" means a household whose gross income does not exceed that established by Health and Safety Code Section 50105, as may be amended. "Visual privacy intrusion" means uninterrupted visual access from a residential dwelling or structure into the interior or exterior areas of adjacent residential structures, which area is either completely or partially private, designed for the sole use of the occupant, and/or which serves to fulfill the interior and/or exterior privacy needs of the impacted residence or residences. W. "W" Definitions: None. X. "X" Definitions: None. Y. "Y" Definitions: "Yard" means an area within a lot, adjoining a lot line, and measured horizontally, and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title. 1. "Front yard" means a yard measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line. 2. "Rear yard" means a yard measured into a lot from the rear lot line, extending between the side yards; provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. 3. "Side yard" means a yard measured into a lot from a side lot line, extending between the front yard and rear lot line. Z. "Z" Definitions: None. Appendix A: Cupertino Standard Detail 7-2 Corner Triangle - Controlled Intersections. APPENDIX A. CUPERTINO STANDARD DETAIL 7-2 CORNER TRIANGLE - CONTROLLED INTERSECTIONS CORNER SIGHT DISTANCE DE5IGN 851h PERCENTILE SPEED SO 25 275 30 330 35 385 40 440 45 495 50 550 FORMULA S,r� = lies kin sped X l _467X 7S Sight Vistorrce I Seconds -criteria Factor 85th percen.r0e speed _ r } ' SD MAJOR r READ _ L5 LEGEND Y = Distance between the edge of roadway and the cu rb_ Applies to parking, bike la nes, shoulders andlor combination, LS = Line of sight SD = Signt lista nce G;-- Edge of travelway Set bac�sfrom edge of travel hga Crosswa I k set back = 34 feet + Y Limit Iine set back = 13 feet +Y Note: To view this Appendix in PDF, click HERE Appendix B: Cupertino Standard Detail 7-4 Corner Triangle - Uncontrolled Intersections. APPENDYX B: CUPERTINO STANDARD DETAIL 74 CUKNER TMAN GLE - UNCONTROLLE❑ IN T ERS ECTIONS F s.Ar GRADE Within the area of the mange, there shall be no sight obscu ring wall, fence. sign or foliage higher than 42 inches from street grade. in the case of trees, lower branches shal I be tri mored up eight (8) feet six (b) inches. from Street grade_ OTHERGRADE. The City Engineer will provide the conditions and allowa rkees for h Illy andlor roll Ing terrains. LEGEND: LS = Line of sight line LS 1UUfeet EX A MPL, E Center lirlL% al I Manurmvvt or iMersam ing paint Note: To view this Appendix in PDF, click HERE Appendix C: Cupertino Standard Detail 76Sidewalk Site Triangle (Sidewalk Clearance at Driveways). AP PEN Dl CUPERTINO STANDARD DETAIL § SIDEW ALK SI ETaIAmGLE(SID EWA LK CLEA RAN CEAT DK1 £WAYS) LL W Note: T view this Appndix in PDF click H£k£ � $ & \kLU � �m Ln2ZE § §)¢ k§ � [ � 2�t \2 RA -R �L>W & «>��2 0§}inIZ § aV, \Mmk\§ t § � Note: T view this Appndix in PDF click H£k£ Appendix D: Examples of How to Measure Sign Area. APPENDIX D; EXAMPLES OF HOW TO MEASURE SIGN AREA Individually leLa d s4 i Sik;n 4wilhbackgr'4und orbord rs ? 36 inches Sign separated by M inches or afore Note: To view this Appendix in PDF, click HERE [Section 19.12.010 -19.12.020 - No Change] 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. Type of Permit or Administrative Design Review Planning Commission City Council Public HearingL Noticing! Noticing Posted Expiration Date E Chapter/ Findings Decision A, B Review Site Committee Public Radius ° Notice Meeting! Comment Period c General Plan Amendment - - CA. Govt. CA. Govt.Yes Major F R F PH - Code Code 65350-65362 65350-65362 Minor c - - R F PH Yes - Zoning Map Amendments Major F - - R F PH CA. Govt. Yes - 19.152.020 Code Minor c - - R F PH 65853 - 65857 Yes - - CA. Govt. Zoning Text - R F PH Code - - 19.152.030 Amendments 65853 - 65857 - CA. Govt. Specific Plans - R F PH Code - - 20.04.030 65350-65362 Development - CA. Govt. R F PH Yes - 19.144.120 Agreements Code 65867 Type of Permit or Administrative Design Review Committee Planning Commission City Council Public HearingL Public Meetin Comment Noticing! Noticing Radius D Posted Expiration Date E Chapter/ Findings Decision A, B Review Site Notice Period c Development Permits Major F, H - - F/R AI/F PM 19.12.110/ 300' Yes 2 years 19.156.050 Minor c F - A' A2 PM Yes 2 years Conditional Use Permits Major F, H, I F - A'/F/R A'/A2/F PH CA. Govt. Code 65905 Yes 2 years 19.156.050 Minor c, I F - A'/F/R A'/A2/F PH Yes 2 years Temporary F - A' A2 - None No 1 year 19.160.030 Density Bonus (Residential) R F Based on concurrent application 19.52 Adult-Oriented Commercial Activity (CUP) - R F PH CA. Govt. Code 65905/ 300' Yes 2 years 19.128.030& 19.128.040 Architectural and Site Approval Major J F - Al Az PM 19.12.110/ Adjacent Yes 2 years 19.168.030 Minor K F - A' A2 PM Yes 2 years Amendment Major F-H - - F A' Varies L Depends on permit being amended L Yes 2 years 19.44, 19.144 19.156, 19.164 Minor c F - A' A2 Varies L Yes 2 years Type of Permit or Administrative Design Review Plannin& Commission City Council Public HearingL Noticing! Noticing Posted Expiration Date E Chapter/ Findings Decision A, B Review Site Committee Public Radius ° Notice Meeting! Comment Period c Minor F - Al Az - None No 2 years 19.164 Modification Hillside Exception/ Height 19.40.080, Exception / Heart - - F AI PH 19.12.110/ 300' Yes 2 years 19.24.070, of the City 19.136.090 Exception I CA. Govt. Variance F - Al A2 PH Yes 2 years 19.156.060 Code 65905 Status of non- 19.12.110/ - F AI PH Yes - 19.140.110 conforming Use 300' Wireless Depends on Antennas I F - F/ Al A2 Varies I application Yes 2 years 19.136.090 type Signs Permits F - Al A2 - None No 1 year 19.104 Neon, Reader 19.12.110/ board & Freeway - F F Alm PM No 1 year 19.104 300' Oriented Signs I Programs F - Al A2 - None No 1 year 19.104 Exceptions I 19.12.110/ - F - Alm PM Yes 1 year 19.104.290 Adjacent Type of Permit or Administrative Design Review Plannin& Commission City Council Public HearingL Noticing! Noticing Posted Expiration Date E Chapter/ Findings Decision A, B Review Site Committee Public Radius ° Notice Meeting! Comment Period c Parking 19.12.110/ Exceptions I F F Al Al L /A2 Varies N Adjacent/ 300' Yes 1 year 19.124.050 0 Fence Exceptions 19.12.110/ - F - Al L PM Yes 1 year 19.48.060 Adjacent Front Yard 19.12.110/ F - Al AZ PM Yes 1 year 19.08 Interpretation Adjacent R1 Ordinance Permits Two-story I F F F/Al Al L /A2 Varies I 19.12.110/ Yes 1 year 19.28.140 Minor F - Al AZ CP No 1 year Residential Adjacent Exceptions I - F - Alm PM Yes 1 year Short Term Rental F - - Al A2 - - None No 11� 19.120 Authorization Protected Trees Tree Removal Adjacent F - Al A2 CP Yes 1 year 14.18.180 unless exempt Heritage Tree Designation & - - F Al PM 19.12.110/ 300' Yes - 14.18 Removal PROPOSED PROCESS Type of Permit or Administrative Design Review Plannin& Commission City Council Public HearingL Noticing! Noticing Posted Expiration Date E Chapter/ Findings Decision A, B Review Site Committee Public Radius ° Notice Meeting! Comment Period c Tree Management F - Al A2 - None No - 14.18 Plan Retroactive Tree Removal F - Al A2 - None No - 14.18 Reasonable Accommodation F - Al Az - None No 1 year 19.52.050 Extensions EQ Parking, Fence & Sign Exceptions & Front Yard F - Al AZ - None No 1 year Interpretations Neon, Reader board & Freeway F Al A2 - None No 1 year Oriented Signs Two Story Permits, Minor Residential F Al A2 - None No 1 year Permits and Exceptions Tree Removals F - Al Az - - No 1 year UPDATED FOOTNOTE NUMBERING Type of Permit or Administrative Design Review Committee Planning Commission City Council Public HearingL Public Meetin Comment Noticing! Noticing Radius D Posted Expiration Date E Chapter/ Findings Decision A, B Review Site Notice Period c All other projects F Al Az 19.12.110/ No 2 years None 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 the 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 Architectural 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 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. O. Parking Exceptions in Single-family residential (R1) 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. Must reapply annually. PROPOSED PROCESS 0.Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension. [Section 19.12.040 -19.12.070 - No Change] 19.12.080 Application Process. Unless otherwise specified in this title, all applications for permits, permit modifications, amendments 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 (RIC) 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. 14. Conditional Use Permits and Variances shall also include information required per Section 19.156.020. 15. Density Bonus Permit applications shall also include information required per Section 19.56.060. 16. Conversion of Apartment Projects to Common Interest Developments applications shall also include information required per Section 19.116.050. 17. Sign Permit Applications should also include information required per Section 19.104.040. 18. Short term rental Ppermit applications shall also include information required per Section 19.120.040. C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development shall: A. Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. A -.B. For permit applications not requiring any comment period, public hearing or public meeting, proceed to review the application. PC. Mail ballots to the property owners of record of the properties affected by a Single -Story Overlay District Application. The ballot shall, in addition to information related to the proposal, include the following information: 1. Proposed Single -Story Overlay District Map pursuant to Section 19.28.050(B)(1); 2. Statement indicating that each developable lot of record shall have one (1) vote; and 3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on which a completed ballot must be postmarked or received by the City in order to be accepted. ED. Not later than a period stipulated in Section 19.12.100, Decision, below: 1. Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, except that Single -Story Overlay District Applications shall be scheduled for a public hearing, only if the result of the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a minimum sixty-six and two-thirds (66 2/3) O H d U w a U percent by the property owners within the proposed or existing Single -Story Overlay District (each developable lot of record shall have one (1) vote); or 2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not need a public hearing or public meeting. [Section 19.12.100 -19.12.110 - No Change] 19.12.120 Action by Director of Community Development -Administrative. A. For applications requiring Administrative review with no public meeting, public O hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100, issue his or her decision w U no later than thirty days from receipt of all information, unless referred to a different approval authority for a decision. U B. For applications requiring Administrative appe-i4alreview with a public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100: 1. Issue his or her decision at the conclusion of the public meeting, public hearing or comment period; 2. Continue the item for additional public hearings, public meetings or comment period; or 3. Defer action by taking the item under advisement and issuing the decision no later than thirty days following the public meeting, public hearing or comment period. No additional noticing is required if a project is continued. 4C. For applications where a public meeting or public hearing is required to be held before the Director of Community Development, the meeting shall be held in the same manner as a Design Review Committee meeting. [Section 19.12.130 -19.12.140 - No Change] 19.12.150 Notice of Decision and Reports. A. Notice of decision: 1. The decision for applications approved with a public meeting or public hearing shall be mailed to the property owner and applicant at the address shown on the application. p 2. The decision for applications approved with a comment period or upon revocation proceeding shall be mailed to the property owner and the applicant at the w address shown on the application and any person who has commented on the proposed project within the comment period or during revocation proceedings. v 3. The decision shall contain the following: a. Applicable findings; b. Any reasonable conditions or restrictions deemed necessary to secure the purpose of this title and to assure operation of the development and/or use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity; and c. Reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City. 4. The decision of the Director of Community Development, Design Review Committee or Planning Commission shall be final unless appealed in accord with Section 19.12.170. A decision of the City Council shall be final. B. Reports: The Director of Community 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. 2. Planning Commission and the City Council of a decision by the Design Review Committee. 3. City Council of a decision by the Planning Commission. [Section 19.12.160 -19.12.170 - No Change] 19.12.180 Expiration, Extension, Violation and Revocation. A. Expiration. 1. Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19.12.030 following its issuance, unless a shorter or longer time period is specifically prescribed in the conditions of permit or variance or the Section of the Municipal Code pursuant to which the permit or variance is issued, unless: a. A building permit is filed and accepted by the City (fees paid and control number issued.) In the event that a building permit expires for any reason, the permit shall become null and void. b. A permit or variance shall be deemed "vested" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval, unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued. B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority, be extended for the time frame specified in Section 19.12.030, upon timely submittal of an application with the Director of Community Development prior to expiration. C. Violation. Once a permit or variance is effective, any and all conditions of approval imposed shall become operative, and the violation of any of them constitute a violation of this Code. D. Revocation. 1. Process: In any case where, in the judgment of the Director, substantial evidence indicates that the conditions of a permit or variance have not been implemented, or where the permit or variance is being conducted in a manner in violation of state and/or local law or detrimental to the public health, safety, and welfare, the Director may commence revocation proceedings as follows: a. For short term rental permits, may serve a Notice of Suspension Pending_ Revocation, which would require immediate suspension of all short term rental activity pending a final determination regarding revocation. The notice shall detail the grounds for potential revocation of the permit and allow thirty calendar (30) days for a written statement and/or supporting documentation disputingsuch uch grounds. The Director shall issue its determination not more than thirty calendar (30) days from the deadline for submittal of documentation provided on the Notice of Suspension Pending Revocation, pursuant to Section 19.12.150. The Director is authorized to issue administrative guidelines to further define procedures for making revocation determinations. gib. For all other Permits, shall set a date for a public hearing before the decision maker granting the original permit or variance, and notice a public hearing in accordance with Section 19.12.110, Noticing, of this code. 2. Findings: A permit may be revoked or modified if any one of the following findings can be made by the approval authority reviewing the revocation or modification proceedings: That the permit was obtained by misrepresentation or fraud; and/or ii. That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for one year or more; and/or w U O P4 a z 0 H U O Q w O O Pi iii. That one or more of the conditions of the permit have not been met and/or have been violated; and/or w c7 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 4+e -local and/or state law; and or: U v. For short term rentals, in addition to the above, that consent to an inspection is not Q provided. w O vi. In the case of revocation of a sign permit, the sign was abandoned for a period of 0 O thirty days. � [Section 19.20.010 - No Change] 19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones. Table 19.20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Residential zones. Table 19.20.020 — Permitted, Condition and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS RIC I R-2 R-3 1. Agriculture, horticulture, viticulture and forestry, including the following and similar P P - - - - - uses: Field and truck crops, including drying a and storage, P P - - - - - b. Orchards and vineyards, including bottling and storage, P P - - - - - Tree farms, botanical conservatories P P - - - - c and arboreta, d. Barns and sheds, P P Keeping of draft animals, animals e. providing products used on the P P - - - - - property, Livestock ranches and dairy farms CUP f. depending mainly on grazing on the P - PC property, Processing of dairy products produced P CUP g on the property, - PC Table 19.20.020 - Permitted, Condition and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS I R1C R-2 R-3 h. Poultry raising and hatcheries, P UP CPC See #27 i. Apiaries, pursuant to Chapter 8.07, P CPC UP See #9 Nurseries, greenhouses and CUP j. landscaping gardens, P - PC See #20 k. Boarding kennels, CUP CUP -PC -PC CUP 1. Animal breeding; P Adm in. 2. Fur farms - CUP - - - - - -PC 3. Retail sale of wine, fruit or berries CUP CUP produced on the property; - CC - CC 4. Single-family dwelling unit with not more than one dwelling unit per lot/defined P P P P P - - air space for condominiums; 5. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.040(I) of this chapter, provided that the Planning CUP Commission determines that the structure - PC will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; 6. Employee housing: For six or fewer employees in each a dwelling unit on each lot P P P P P P P With no more than 36 beds in group quarters or 12 units/spaces designed CUP - b for use by a single family or household P P Admin. on each lot Table 19.20.020 — Permitted, Condition and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 An accessory dwelling unit which 7. conforms to the requirements of P P P P - - - Chapter 19.112; 8. Multiple -family residential dwellings - - - - - - P 9. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter P P P P P P P 19.100 of this title; 10. Utility facilities essential to provision of utility services to the neighborhood but excluding business offices, construction or - - P - - P CUP storage yards, maintenance facilities, or - CC corporation yards; 11. Temporary buildings for construction purposes (including trailers) for a period not - - - - - - P to exceed the duration of such construction; 12. Home occupations; When accessory to permitted use and otherwise conforming to the a. provisions of Chapter 19.120 of this P P P P P P P title; CUP CUP CUP CUP CUP CUP b. Requiring a Conditional Use Permit - - - CUP- UP-pursuant pursuantto Chapter 19.120 of this title; Adm Adm Adm Admin. Adm Adm Adm in. in. in. in. in. in. C. Short -Term Rentals P P P P P Ex. Ex. 13. Small -family day care home per dwelling unit; P P P P P P P 14. Large -family day care home per dwelling unit; Which meets the parking criteria CUP contained in Chapter 19.124, and a which is at least three hundred feet P P P P P P Adm from any other large -family day care I in. Table 19.20.020 - Permitted, Condition and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 home. The Director of Community Development or his or her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; Which otherwise does not meet the CUP CUP CUP CUP CUP CUP criteria for a permitted use. The _ CUP - - - - b. conditional use permit shall be Adm Adm Adm Admin. Adm Adm Adm processed as provided by CA. Health and Safety Code Section 1597.46(3); in. in. in. in. in. in. 15. Residential care facility with six or fewer residents, not including the provider, provider family or staff, provided that the facility obtains any license, if required, P P P P P P P issued by appropriate State and/or County agencies and/or department; 16. Residential care facility, in each dwelling unit, with seven or greater residents, not including the provider, provider family or staff, is a minimum distance of five hundred feet from the CUP CUP CUP CUP - CPC CUP CUP property boundary of another residential -PC -PC -PC PC - PC - PC care facility, provided that the facility obtains any license, if required, issued by appropriate State and/or County agencies and/or departments; 17. Congregate residence, in each dwelling unit: a. With six or fewer residents P P P P P P P With seven or greater residents which CUP CUP CUP CUP CUP- CUP CUP b. is a minimum distance of one - - PC - PC - PC PC PC - PC - PC thousand feet from the boundary of Table 19.20.020 — Permitted, Condition and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 another congregate residence and has a minimum of seventy-five square feet of usable rear yard area per occupant 18. Transitional housing located in housing of a type permitted on the zone; P P P P P P P 19. Supportive housing located in housing of a type permitted in the zone; P P P P P P P 20. Horticulture, gardening, and growing of food products; a. Recreational for personal use; P P P P P P - Limited to maximum of ten percent of b. the lot area and for consumption by - - - - - - P occupants of the site; Produce grown on site may be sold if the business activity is conducted in a C. manner consistent with Chapter P 19.120, Home Occupations See See CUP - d. Commercial purposes; - - - - #1 #1 Admin. 21. Limited commercial recreation uses, such as riding clubs and related stables and CUP - trails, golf courses, swimming and picnic PC grounds; CUP CUP 22. Golf courses and driving ranges; -CC -CC 23. Commercial swimming pools and picnic CUP CUP areas; - CC - CC CUP CUP CUP CUP CUP CUP 24. Temporary uses subject to regulations - - - CUP- UP-established establishedby Chapter 19.156 Adm Adm Adm Admin. Adm Adm Adm in. in. in. in. in. in. 25. Buildings or structures which CUP CUP CUP - incorporate solar design features that require - - Admin. Table 19.20.020 — Permitted, Condition and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 variation from setbacks upon a Adm Adm determination by the Director that the design in. in. feature, or features, will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area. 26. Transmission lines, transformer stations, CUP CUP television and radio towers, and other public - PC - PC utility and communication structures; 27. Adult (over 4 months of age) household pets per dwelling unit, limited as follows: a. No specified number P P - - - - - Maximum of four, provided no more b. than two adult dogs or cats may be - - P - P P P kept on the site Limited to one per three thousand _ _ _ P t - - - C. square feet of lot area, except: Dogs are limited to a maximum of 1. two on lots less than one acre and four for lots greater than one acre. The number of geese, ducks, chickens, rabbits and other farm 2. animals are not limited on a site greater than one acre. 28. Litter of dogs or cats up to four months of age; a. No specified number I P P - P - - - b. Maximum of one - - P - P P P 29. Large animals, provided no animals are kept, maintained and raised for commercial purposes, limited as follows: Two large animals for the first 40,000 square feet of land area, except mules See See P t - a. and donkeys which require 80,000 #1 #1 square feet for the first animal, Table 19.20.020 - Permitted, Condition and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 One additional large animal for each b. 20,000 square feet of land area, One additional large animal if said animal is raised for a 4H project, a C. project sponsored by a recognized agricultural organization or a school project, 30. The keeping of any animal not CUP - otherwise permitted above: #27, 28 and 29 Admin. 31. Riding academies, commercial stables, CUP CUP and the boarding of horses; -CCI -CCI 32. Noncommercial stables, and the keeping of riding horses: Limited to three horses on each lot at the any time except that additional a. foals may be retained for a period of P P - six months; In excess of the number permitted in CUP CUP b. 32(a) - CC - CC 33. Cemeteries, crematoriums, mausolea, CUP CUP and columbariums - CC - CC 34. Mines, quarries and gravel pits; CUP CUP - - - CC - CC 35. Guest ranches; CUP CUP- CC - CC 36. Public and quasi -public buildings and CUP CUP uses. - CC - CC 37. Hog farms; Ex Ex - 38. Cattle farms mainly depending upon feed brought onto the property; Ex - 39. Slaughterhouses, fertilizer yards, feed yards, boneyards or plants for the reduction Ex Ex - - - - of animal matter; Table 19.20.020 - Permitted, Condition and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts - - A A-1 R-1 RHS R1C R-2 R-3 40. Commercial feed sales; Ex Ex - - - - - 41. Other semiagricultural uses mainly lot area for a household pet or vice versa, except that a maximum of two household pets may be kept with large animals, Ex - All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and ordinances, depending upon raw materials, semifinished Ex Ex - - - - - products, or feed brought on to the property; 42. Other agricultural uses which, in the opinion of the Director of Community Development, create a private or public Ex Ex - - - - - nuisance. Jvy. 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 - May be permitted in locations where the use is compatible with existing and planned uses within the development area in the opinion of the Director of Community Development, t - The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa, except that a maximum of two household pets may be kept with large animals, Ex - All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and ordinances, Excluded Uses [Section 19.120.010 -19.120.030 - No Change] 19.120.040 Short- Term Rental Activity. A. Short term rental activitv is allowed to be conducted as a home occupation in zones indicated in Chapter 19.20. No dwelling unit shall be used as a short term rental unless the host has annlied for and received a short term rental hermit for the calendar year as provided in this Section. B. In addition to the standards in Table 19.120.030: Standards, all short term rentals shall conform to the following minimum standards: 1. Number of Short-term Rentals a. A primary residence shall have only one (1) short-term rental agreement (i.e., hosting platform booking) per night. 2. Duration a. Hosted stays may occur throughout the calendar year without a limitation on the cumulative number of short term rentals. a b. Un-hosted stays shall be limited to 60 days per calendar year. The host shall notify the City of any booked un-hosted stays at least 24 hours before the beginning of the stay in a manner determined by the Director of Community Development. 3. Maximum number of guests The maximum number of guests in the short-term rental shall not exceed a total of two (2) times the number of bedrooms in the structure in which the short-term rental is occurring, plus two (2) additional uests. 4. Location Short term rental activity must occur in legally-permitted habitable s aces. 5. Guest Manual a. The host shall prepare a manual of City rules on topics such as noise, trash collection, and vehicle Parking. b. The manual shall also include all short term rental activity regulations, including maximum occupancy of the short term rental and the information for the Local Contact. c. All guests shall be notified about the availability of the manual and gid. The guest manual it must be prominently located within the short term rental. 6. Parking The primary residence must have the minimum parking spaces available for the zoning district in which it is located pursuant to Chapter 19.124. 7. Advertising All short term rental advertisements shall include the City short term rental Permit number on every listin 8. Signage Signage must comply with Chapter 19.104. 9. Activities Prohibited Short term rentals shall not be used for commercial purposes and/or special events, such as weddings, corporate events, parties, or other events that are likely to result in violations of traffic, parking, noise, other standards regulating the residential use and character of the neighborhood or any activities after 10:00 12.m. C. The short term rental permit application shall be made, as required by Chapter 19.12, on a form provided by the City, which shall include all applicable information required per Section 19.12.080, and shall additionally include the following (as applicable) 1. Proof of Primary Residence: Applicant shall provide documentation that the property where the short term rental activity is to be conducted is the host's primary residence. 2. Tenant Authorization: A tenant host must present written authorization allowing. use of the leased property for short term rental activity from the property owner or the property owner's authorized agent. 3. Local Contact: Applicant shall provide the contact information for the designated local contact. 4. Consent to Inspections: Consent to inspection(s) by City staff for the purpose of verifying compliance with this Section during regular business hours (7:30am to 5:30pm) or if in response to a complaint, regardless of the time. 5. Identify the guest parking space() on the site on a site plan. D. Findings: The Director shall approve a permit for any short term rental activity if he or she finds that: 1. The short term rental application is complete with all required information; 2. The short term rental is not currently in violation of any provision of the Cupertino Municipal Code or has not had willful reoccurring violations of the Cupertino Municipal Code within the last six (6) months from permit application submittal; 3. Operation of the short -term rental is not a public nuisance or threat to the public health, safety, or welfare. E. The short term rental permit processing, appeals, and revocation shall be as provided for in Chapter 19.12. F. Record of Local Contact Information: The City shall maintain a list of permitted short term rentals with "Local Contact" contact information. 19.120.040-19.120.050 Interpretation of Standards. The Director of Community Development, or the Planning Commission upon appeal, may interpret a proposed use as an acceptable home occupation activity, but may determine that the use is of an unusual nature or intensity such that the applicant may be required to obtain a conditional use permit from the Director of Community Development prior to commencing business activity, in accordance with the procedures outlined in Chapter 19.156. U z w z w (Ord. 2085, § 2 (part), 2011; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.120.06§0 Excluded Occupations. The occupations listed below, shall not be considered incidental and secondary to the use of a residence for dwelling purposes and are therefore prohibited in residential zones: A. Automobile repair shops, including paint and body work; B. Barbershops and beauty parlors; C. Boar -ding and/ . -.1 homes foF more than two ;_ PC. Clinics and hospitals, also veterinary (animal) clinics and hospitals; DE. Kennels and other boarding for pets, in excess of the number of animals allowed in the base zoning district where specified; EE. Medical offices for physicians, dentists, osteopaths, and other practitioners; FG. Private schools with organized classes; Gil. Upholstery, small engine repair, welding shops; 1H. Other uses which are found by the Community Development Director to be of similar intensity and characteristics of use to those enumerated in this section, and are thus inconsistent with the stated purposes of this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992) 19.120.0670 Nonconforming Uses. Notwithstanding the provisions of this chapter, all home occupations which exist as nonconforming uses in any residential zone or in other areas where residential uses are allowed, shall be allowed to continue as legal, nonconforming uses subject to the provisions of Chapter 19.140. (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) Short -Term Rental Regulations Take this survey to provide your input on potential short-term rental regulations in Cupertino. Summary Of Responses As of August 27, 2018, 9:22 AM, this forum had: Topic Start Attendees: 229 August 7, 2018, 1:51 PM Responses: 140 Hours of Public Comment: 7.0 QUESTION 1 When considering regulations of short-term rentals, there are many different objectives to consider. Please rank the following objectives in order of importance. • Addressing noise and nuisance issues arising from short-term rentals • Reporting complaints easily and getting them resolved quickly • Protecting the long-term housing stock from being converted to short-term rentals • Addressing parking challenges due to short-term rentals • Controlling the number of people per night in a short-term rental • Allowing property owners (or leaseholders) to earn additional income from short-term rentals • Allowing an alternative to standard hotels and motels QUESTION 2 Short-term rental guests may require parking during their stays. Which of the following rules would you support to address short-term rental parking? 0 -n -street parking should be limited to one guest. 15.0% 21 vehicle per short-term rental At least one on-site parking spot should be made' 7.9% 11 available for short-term rental parking 2 1 www.opentownhall.com/6590 Created with OpenGov I August 27, 2018, 9:22 AM Count All short-term rental parking should be contained 27.9% 39 on site (no on -street parking) All short-term rental parking should be contained ■ 21.4% 30 to on-site parking or street parking immediately adjacent to the property 0 -n -street parking should be limited to three guest I 2.9% 4 vehicles per short-term rental On -street parking should be limited to two guest ' 8.6% 12 vehicles per short-term rental 0 -n -street parking should be limited to one guest. 15.0% 21 vehicle per short-term rental At least one on-site parking spot should be made' 7.9% 11 available for short-term rental parking 2 1 www.opentownhall.com/6590 Created with OpenGov I August 27, 2018, 9:22 AM Short -Term Rental Regulations Take this survey to provide your input on potential short-term rental regulations in Cupertino. I am not concerned about short-term rental■ 16.4% parking QUESTION 3 Please add additional thoughts on short-term rental parking: Answered 29 Skipped 111 Count 23 QUESTION 4 Sometimes properties are purchased as a business opportunity with the intent to rent them as short-term rentals rather than for long-term rentals or owner occupancy. Should the City allow short-term rentals on a property where there is no permanent resident? % Count Yes 27.3% 38 No 62.6% 87 Unsure , 10.1% 14 QUESTION 5 Some short-term rental operators use their primary residence for short-term rentals in order to earn supplemental income. Should the City allow primary residents to use their homes for short-term rentals? % Count Yes 71.4% 100 No ■ 21.4% 30 Unsure ' 7.1% 10 3 1 www.opentownhall.com/6590 Created with OpenGov I August 27, 2018, 9:22 AM Short -Term Rental Regulations Take this survey to provide your input on potential short-term rental regulations in Cupertino. QUESTION 6 Sometimes residents want to use their property for short-term rentals while they are away or on vacation. These are known as "un -hosted" stays. Do you feel short-term rentals should be allowed when the primary resident is not home? Count Yes 57.9% 81 No 30.7% 43 Unsure , 11.4% 16 QUESTION 7 If "un -hosted" stays are allowed, how many days out of the year do you feel a short-term rental operator should be allowed to have "un -hosted" stays? % Count 30 days per year 47.8% 64 60 days per year , 11.2% 15 90 days per year ' 8.2% 11 180 days per year ' 5.2% 7 There should be no day limit on "un -hosted" stays 27.6% 37 QUESTION 8 Sometimes short-term rental operators will list their main home and an accessory dwelling unit as separate listings. Should short-term rental operators be able to simultaneously use both their main home and accessory dwelling units for short-term rentals? Count Yes, it should be unrestricted 30.7% 43 Yes, up to two short-term rental unit/listing per , 11.4% 16 property should be allowed 4 1 www.opentownhall.com/6590 Created with OpenGov I August 27, 2018, 9:22 AM Short -Term Rental Regulations Take this survey to provide your input on potential short-term rental regulations in Cupertino. Count Yes, up to three short-term rental unit/listing per I 0.7% 1 property should be allowed No, only one short-term rental unit/listing per 48.6% 68 property should be allowed Unsure ' 8.6% 12 QUESTION 9 Sometimes short-term rental operators list different rooms in one home as separate listings. Should more than one short-term rental unit/listing be allowed per property? % Count Yes, it should be unrestricted 27.3% 38 Yes, up to two short-term rental unit/listing per , 10.8% 15 property should be allowed Yes, up to three short-term rental unit/listing per I 2.9% 4 property should be allowed No, only one short-term rental unit/listing per 54.7% 76 property should be allowed Unsure I 4.3% 6 QUESTION 10 Do you have any additional comments regarding short-term rentals in Cupertino? Answered 60 (attached) Skipped 80 QUESTION 11 Please select all of the following that apply to you: 5 1 www.opentownhall.com/6590 Created with OpenGov I August 27, 2018, 9:22 AM Short -Term Rental Regulations Take this survey to provide your input on potential short-term rental regulations in Cupertino. Count Cupertino Resident 97.1% 135 Employee in Cupertino ' 5.0% 7 Homeowner 74.1% 103 Renter — Single Family Home I 3.6% 5 Renter — Multifamily/Apartment I 2.9% 4 Business Owner ' 7.9% 11 Short -Term Rental Operator I 1.4% 2 Short -Term Rental Guest I 1.4% 2 Other 0.7% 1 6 1 www.opentownhall.com/6590 Created with OpenGov I August 27, 2018, 9:22 AM 10. Do you have any additional comments regarding short-term rentals in Cupertino? • Short-term rentals should be used for short-term residency only (i.e. alternative to hotels/motels), NOT as space for the guests to host parties and disturb the neighborhood. • Please read my comments above. Cupertino City is NOT caring for our community as they could. Homes and property getting "junky," businesses also not cared for. There is a government facility on Bubb Road in the industrial section off of Stevens Creed that has patches of multicolored paint on the walls and no landscaping upkeep. Also an auto repair shop nearby. These are only a few examples of neighborhoods that the City is allowing to run down to the detriment of long-term and all Cupertino residents who want to be proud of our City. • The city's regulations should focus primarily on those properties being operated by Renters as short- term rentals, rather than by Property Owners. Renters should NOT be allowed to be short-term operators. ALSO, there should be a penalty against short-term rental operators if they are renters/ lessees subleasing the property in violation of their lease agreement and/or without properly notifying the Property Owners, because wear & tear and/or property damage will not be immediately discoverable by the Property Owner, who will ultimately have to take the hit in costs of repairs. The Renter -operator would instead be the pure -profit maker in such a situation. • If there becomes abuse we can add laws as it comes up • Complaints regarding noise, etc., should be easily and quickly addressed. When rooms are 'rented', I believe they should be taxed as any other business. I am also concerned that our long term housing stock may be converted into short term rentals. • Units in townhouse complexes should get permission from their Homeowner Owner's Association to rent out their units as short term rentals. • The number of people staying at a particular STR must be regulated and controlled. A house on our street is rented out as a STR for parties and often there are 4-6 vehicles at the house probably 10+ people staying there. This is a problem. Most recently there were approximately 20 people staying there for a week. I have reported this to Cupertino Code enforcement. • I think it is fine and know people in Santa Clara who do this via AirBnB without any problems. Don't make it so restrictive as to be a hassle. Put things in place in case there are issues. Majority of people will be fine. The few bad experiences don't need to make it awful for the rest of the folks. • The number of room in one address should be limited to one. • It is too early to start passing regulation. I don't believe we should start regulating when we are yet to see any issues regarding short term housing. We should use tax dollars to address issues that we still face today on a daily basis, like traffic near school zones, school buses for children to alleviate traffic near schools. • Renters never pull in garbage, pick up debris, and always have too many cars. Should not be allowed. • I believe that it is important to establish a code of conduct for STR guests to address the types of usage that will create problems. Most Airbnb guests are going to be great people and this provides a better temporary housing option. If a guest makes a serious infraction or multiple infractions then they should be forced to vacate. If there are recurring problems, then that landlord should be put on probation or lift their license for six months. I am not for encouraging 100% full property rental without a significant amount of resident time on the property. I would limit the amount of no -host time and outright forbid STR only usage. I have not seen addressed if long term renters are allowed to host STRs. I think we should consider how seniors may want to use STRs as a supplemental income source to allow them to age at home. Especially if they are below AMI. I would call for special rules for those 65 and over. 0 Why are you charging fees? 10. Do you have any additional comments regarding short-term rentals in Cupertino? • We've stayed in locations where we've met the owner and where we've not, the latter primarily due to scheduling conflicts, but it shouldn't be a requirement. • Uncontrolled short term rental in residential neighborhoods will impact the neighborly cohesion and community. • Short-term rentals should not be allowed as it would only serve to increase the housing cost in the area by encouraging owners to convert conventional rentals to more lucrative short term rentals. • Individuals should be able to rent out a room in their home if the income is needed, but I don't approve of the idea of turning homes into multiple -rental buildings. Un -hosted stays should be capped at the vacation periods only, 2 -4 weeks max, so that guests must leave. Neighbors to homes where short term rentals are occurring should have recourse to complain about any problems that impact them, and renters must leave immediately if a neighbor has a valid complaint. No pre-existing rental contract should stop the eviction of a renter in these cases. • My friend lives in Pacific Grove with a short term rental 2 homes away from his. A catastrophe. Beer bottles on the street, police called to quiet down loud parties, difficult to find parking on street when the STR is rented. STR owner doesn't live anywhere near PG and doesn't care what goes on. Measure now on PG ballot to significantly limit STRs including where in the city they can be located. I'm ok with STRs as long the the owner is at home during rental and the rented unit is within the house. • Whatever requirements that are put in place need to be reasonable. I would agree that short term rentals where the owner puts 16 bunk beds in a house to rent out crosses the line. Maybe the number of guests that could be accommodated in a short-term rental should be based on the number of bedrooms. • There is critical shortage of housing in the area. Short-term rentals should be outlawed. Cupertino is not a vacation destination. It is a community of long-term residents. We need stable families living in our city, not tourists or business travelers using much needed long term housing for their short stays. That is what hotels are designed to accommodate. • I think property owners or leaseholders should be allowed to rent their residence on any basis (i.e., short-term; long-term) that they want; subject to whatever regulations that the city deems necessary to protect the community at large. • Properties that are primarily short term rentals should be rezoned as commercial and reassessed annually. After all they are doing commerce on the property. • I wonder how feasible it is to make the homeowner be present during the rental. I would imagine that people would put their houses up for rent when they go on vacation and thus not be present. • I • Please study this very thoroughly and make a distinction between single family homes and multi- dwelling complexes. The parking issue alone should preclude this in complexes, let alone the additional disturbance of frequent visitors on holiday who have no consideration for residents on the other side of the wall. • I think most short term rental people want to do a good job. There are usually a few though that don't care about neighbors, etc. It is important to have reasonable regulations in place and complaint system for residents. Enforcement is also key. • It should always be "hosted" as originally intended. Ok on vacation (like some do for house swap) but not permanent absentee hosting. • In a city that struggles with providing housing for those working in and near the community, there is a valid reason to have concern about "short-term" rentals affecting the availability and price for those who want to live in the community -- and I am comfortable with some bias towards those who live in the area over either business use or over visiting use. On the other hand just saying "No." is not reasonable so finding a supportable balance point is important. 10. Do you have any additional comments regarding short-term rentals in Cupertino? • Regulation is not needed. We have too much regulation in our lives as it is. • My kids feel unsafe playing outside because of the frequent strangers coming into our neighborhood. Property owners must pay property tax for road work that short term rentals use and don't pay their fair share. • I am generally against rent control regulation. However, residential neighborhoods need to be protected as such and free of any nuisance or security issue that would degrade a neighborhood. Short term rentals create security issues because neighbors cannot assess whether unknown people in their neighborhood are burglars, threats or simply short term renters. • Short term rentals are a basic violation of zoning in the neighborhood, you are converting a residential area into a commercial area. I see a lot of different cars, strange people, increased traffic. My neighborhood transfer to a "commercial" neighborhood, it is not fair to the resident neighbors. Many cities have made AirBnb illegal and so should you. Developers go through great extent to build hotels. You need to respect that. Permanent roommate is ok. Short term is NOT OK • In Cupertino, it is very common for renters from India or China to have several houseguests, particularly in the summertime. There are also residents who have visiting college friends coming and going. (When you live in California, everyone you know will want to come and stay at your place, drive here and there, eat any food in your house.....) So how could these different folks be distinguished (from a fairness and enforcement perspective) from short-term renters, who would actually benefit the region through taxes? Each of these categories of visitors are likely to have rental car or summon Uber/Lyft rides, eat in local restaurants, and make noise talking on cell phones, bbq parties, etc..... Regulations that limit one and not the other have to be based on something quite particular, as not to be a joke. • With hotel prices in Cupertino and the Silicon Valley soaring, short term rentals provide a very needed alternative to hotels. Also, with inflation on the rise, "mom and pops" should be allowed to use their residences to earn extra income to help make ends meet. I do not think, however, that people should be allowed to use a property for short term rental if they do not live near that property (e.g. within 200 feet). If people live in the same neighborhood as their short term rental, they will be much more likely to operate the short term rental in a manner that is best for the neighborhood. I think the best approach at this point is to allow short term rentals with relatively few restrictions. If problems arise, additional regulations/restrictions can be imposed then to address the problems. There is no need to preemptively impose restrictions to prevent problems that may never occur. • I don't agree with the answers to the Questions 6, 7 and 8. I don't agree with any Short Term Rentals so I wanted to answer No on all of those, but could not. • Regulations should incentivize Cupertino to grow as a community, not as a tourist/transient destination. Stay out of people's business. The city does not have a stake in what home owners do with their private property. Cupertino should not be concerned with regulating private business, or protecting the existing hotel industry in Cupertino. AirBNB and other crowd sourcing or connectivity platforms give people an option to both earn extra income and work for themselves in an already high living cost area. If the burden outweighs the convenience and benefits to renters and operators the services will die out on their own. In regards to Question 1, there is an issue that is not included as an option: Allowing short-term rentals decreases safety as the short-term renter is a stranger, is unfamiliar with what is "normal" in the neighborhood, and does not necessarily have the best interest of the neighborhood or the neighborhood children in mind. I know the people in my immediate neighborhood and recognize those further away. With short-term renters, I would not know them. This is an issue for me as a mother of 3 young children. I want a community/neighborhood that i know and trust. We just had our 10. Do you have any additional comments regarding short-term rentals in Cupertino? National Night Out day to get to know our neighbors and community. With short-term renters, we wouldn't know these people, they wouldn't be our neighbors. I believe any short-term rentals occurring must be in an owner -occupied home. Supplemental income is one thing, but if you're not living at the residence, then it's a rental property and should be treated as a rental property not a short- term rental property. AS A RELATIVE TO A HOMEOWNER WHO HAS A BNB ACROSS THE STREET, AND I ALSO LIVE THERE, THIS "WAS" A VERY PRIVATE NEIGHBORHOOD UNTIL A BNB ARRIVED AND THE RUNWAY FLOOD LIGHTS. THERE IS CONSTANT ACTIVITY DAILY AND WHY SHOULD WE BE SUBJECTED TO THIS. WHO KNOWS WHO IS STAYING IN THESE BNB'S SINCE THERE IS NO REGULATION (ONLY LAW ENFORCEMENT HAS A TRUE BACKGROUND OF SOMEONE) I HOPE THE CITY LISTENS TO THE HOMEOWNERS AND OF COURSE THE ONLY PEOPLE ARE EFFECTED ARE THE PEOPLE WHO LIVE CLOSE TO THE BNB.... • Short term rentals are not a re -zoning for hotel or motel. The use should be incidental and non - impactful. Having limitations on the number of such transactions, dates of transactions, parking and number of people is vital. Nobody in a neighborhood should see the house or residence as becoming a traffic, crime or congestion issue. Such uses should not exceed the zoning as well. • The city needs to stop playing nanny state and allow homeowners to have the least restrictions as possible for the maximum property rights as possible without making things more complex than necessary. • Stop exploiting east Cupertino as a cash cow to benefit selfish, elitist West Cupertino. • I support allowing multiple listings for different rooms in a home but I'd prefer to see ADUs be available for long-term rental rather than short term rental. • Chances are the people doing short term rentals are looking for quick money. How is this to be regulated - who will enforce them registering with the city or does that only happen when someone is reported? Who will enforce that the landowner is on site during the rental period? It causes a lot of transient activity in neighborhoods that is not necessary. • I would not want them in my neighborhood! • Try to minimize restrictions, but at the same time avoid having owners turn their property into a hotel when the neighborhood is not set up for that (number of cars, noise, etc.). It seems difficult to enforce restrictions on the number of vehicles or noise, because that places an onus on neighbors to complain on their neighbors. Instead, it may be simpler to put in place rules that can be automatically enforced by AirBnB or by the city based on AirBnB filings (tax transfers). An example of something easy to enforce would be restricting the number of renters at any given time in a given property. • I would urge us to avoid pre -regulating before first observing the problems that actually turn out to affect residents' lives. There's nothing stopping us from implementing various regulations after first observing/extrapolating the effect that short term rentals are having, and these would likely be much more informed and efficient. The volume is so low today that we can't reasonably make any judgment about this yet, and the various proposals above strike me as being very far from data driven in any way. The hotel situation in Cupertino is very difficult and there are basically no affordable hotels. I think offering additional short term accommodation and giving residents who have huge rent and mortgage costs an opportunity to decrease their net living expenses is a good idea. Since Cupertino isn't exactly a vacation destination, I don't believe that the impact of short-term rentals is all that big. One rental only per residence The reason we have zoning and use rules is to allow property owners to know what to expect when they buy property. In Residential areas, folks are entitled to the level of quiet enjoyment they paid for when they purchased. 10. Do you have any additional comments regarding short-term rentals in Cupertino? • We need to limit parking and noise issues created by short term rentals. • City should have the residential block to have prerogative in deciding whether to allow STR in their block or not: overriding city's if so chosen. Rationale: In a city - different residential blocks may have differing preferences based on their philosophy of quality of life impacted by floating population (makes it semi -commercial and brings with it challenges that not all residential blocks are built to deal with) ; however, this may dynamically change as per needs of time (and block -consensus). That granularity of freedom must be built in • The city should be able to assess a fee equal to but not more than the tax/fee paid to the city by a hotel plus parking fees as in the above comment. Multi -unit rentals should be allowed only on a case by case basis depending on traffic, parking, and other quiet enjoyment concerns of the neighborhood. No separate contracts for multiple room occupancy should be allowed. A standard contract should be required by the city that allows for the termination of the contract and immediate eviction without notice of short term tenants by the sheriff in the event of illegal activities, persistent noise complaints or quiet enjoyment by neighbors. If 2 or more such evictions or quiet enjoyment complaints are registered against a landlord for 3 tenant in a one year period the short term occupancy permit should be revoked for a period of at least one year. If a landlord experiences a second revocation of permit that revocation should be permanent. The property owner should be required to carry insurance sufficient to cover restitution for property damage to neighbor properties and any criminal activity committed by the tenant or any guest that tenant may have invited or not. The property owner should be required to have a certificate of occupancy and annual renewal of that certificate. • If we are to keep Cupertino a decent and safe city, short-term rental should be limited to minimal. • Listing more than one short term rental increases number of vehicles & parking issues. Also could invite more violations of owner occupation requirements because it is harder to track what is rented when. I am not in favor of short term rentals overall except one per year if owner is on vacation for say a month. You must nail does definition of number of days allowed. I am not opposed to summer/intern rentals of example 30-60 days but every weekend having new people around is annoying & hurts property value if they become "party houses'. Also pets are not discussed, visitors may be less likely to be responsible about cleaning up because no one knows them. • Airbnb style renting should be allowed only if guests go through an additional background check. Otherwise, there could be a sex offender or other criminal could rent and stay in residential properties which are near children, schools, play grounds and churches. • I do not prefer to regulate this at this time. It's too early. I would revisit this in 2 years and see if there are any real problems. Would not want to use tax dollars for something like this. • "Short term" should be clearly defined. I believe anything over 30 days currently is considered a normal rental and not short term. Cupertino should define what it means by short term (e.g., 30 days, 14 days, 7 days). • Only that, if two rentals are simultaneously listed, one of the vehicles needs on site (not street) parking. • I would not be in favor of Cupertino turning into a massive hub for AirBnB where out of town guests have their quick stays. It is fine if the property owner has long-term rentals and short-term rentals at an extended length, but not operate their property as a hotel/motel where it affects the neighbors. I would not feel safe seeing someone new in the neighborhood every week. Short -Term Rental Regulations Take this survey to provide your input on potential short-term rental regulations in Cupertino. Survey Questions QUESTION 1 • Unsure 1. When considering regulations of short-term rentals, there are many different objectives to consider. Please rank the following objectives QUESTION 5 in order of importance. • Allowing property owners (or leaseholders) to earn additional income from short-term rentals • Allowing an alternative to standard hotels and motels • Addressing parking challenges due to short-term rentals • Protecting the long-term housing stock from being converted to short-term rentals • Addressing noise and nuisance issues arising from short-term rentals • Controlling the number of people per night in a short-term rental • Reporting complaints easily and getting them resolved quickly QUESTION 2 2. Short-term rental guests may require parking during their stays. Which of the following rules would you support to address short-term rental parking? • All short-term rental parking should be contained on site (no on - street parking) • All short-term rental parking should be contained to on-site parking or street parking immediately adjacent to the property • On -street parking should be limited to three guest vehicles per short-term rental • On -street parking should be limited to two guest vehicles per short-term rental • On -street parking should be limited to one guest vehicle per short- term rental • At least one on-site parking spot should be made available for short-term rental parking • I am not concerned about short-term rental parking QUESTION 3 Please add additional thoughts on short-term rental parking: QUESTION 4 3. Sometimes properties are purchased as a business opportunity with the intent to rent them as short-term rentals rather than for long-term rentals or owner occupancy. Should the City allow short- term rentals on a property where there is no permanent resident? • Yes • No 4. Some short-term rental operators use their primary residence for short-term rentals in order to earn supplemental income. Should the City allow primary residents to use their homes for short-term rentals? • Yes • No • Unsure QUESTION 6 5. Sometimes residents want to use their property for short-term rentals while they are away or on vacation. These are known as "un - hosted" stays. Do you feel short-term rentals should be allowed when the primary resident is not home? • Yes • No • Unsure QUESTION 7 6. If "un -hosted" stays are allowed, how many days out of the year do you feel a short-term rental operator should be allowed to have "un - hosted" stays? • 30 days per year • 60 days per year • 90 days per year • 180 days per year • There should be no day limit on "un -hosted" stays QUESTION 8 7. Sometimes short-term rental operators will list their main home and an accessory dwelling unit as separate listings. Should short- term rental operators be able to simultaneously use both their main home and accessory dwelling units for short-term rentals? • Yes, it should be unrestricted • Yes, up to two short-term rental unit/listing per property should be allowed • Yes, up to three short-term rental unit/listing per property should be allowed • No, only one short-term rental unit/listing per property should be 7 1 www.opentownhall.com/6590 Created with OpenGov I August 27, 2018, 9:22 AM Short -Term Rental Regulations Take this survey to provide your input on potential short-term rental regulations in Cupertino. allowed • Unsure QUESTION 9 8. Sometimes short-term rental operators list different rooms in one home as separate listings. Should more than one short-term rental unit/listing be allowed per property? • Yes, it should be unrestricted • Yes, up to two short-term rental unit/listing per property should be allowed • Yes, up to three short-term rental unit/listing per property should be allowed • No, only one short-term rental unit/listing per property should be allowed • Unsure QUESTION 10 9. Do you have any additional comments regarding short-term rentals in Cupertino? QUESTION 11 10. Please select all of the following that apply to you: • Cupertino Resident • Employee in Cupertino • Homeowner • Renter — Single Family Home • Renter — Multifamily/Apartment • Business Owner • Short -Term Rental Operator • Short -Term Rental Guest • ether QUESTION 12 11. If you operate a short-term rental, how much income do you earn monthly from it? *NOTE: Your response to this question will not be visible to the public on this forum. • Less than $500 • Between $500 and $1,000 • Between $1,000 and $2,000 • Between $2,000 and $3,000 • Between $3,000 and $4,000 • More than $4,000 • I do not operate a short-term rental • Prefer not to state 8 1 www.opentownhall.com/6590 Created with OpenGov I August 27, 2018, 9:22 AM Comments from Short -Term Rental Community Meeting on October 4, 2018 • Grandfathering in STRs? • No grandfathering in • Condos - maybe should not have restrictions • Concerns with bad behavior of guests (marijuana) • Parking: too difficult to enforce, no restrictions, certain neighborhoods will be most impacted (Old Monta Vista has limited parking on premises) • Erosion of capitalism -- micromanaging home owners • Don't want Airbnb in apartments • Minimum # of days before tax is owed --allow STRs to remain unregistered if they have a few listing days • 2xperson per room is unreasonable -- too few • Charging a BL/Permit fee will dissuade operators from registering -- or make it a low fee • Is it practical to notify city of un -hosted stay • Most rentals are for professionals -- no problems/minimal complaints • No limit on # of listings (granny units) • City proposed regulations are on the Right track (commented from 2 operators) • Max of 2 adults per bedroom not including children (keep families together) • STRs to park on street • Max of 2 adults per bedroom should include family members of STR operator (but children under 5 OK) • Townhomes/condos: no • Readily accessible operator • How does this impact the city/services? • Living rooms should be included • Be able to use multiple structures • Want owner occupied AND primary resident • Encourage families in the City - housing stock concern • Hotels and STRs should have the same regulations if the same tax rate • Hotels and STRs should be taxed differently (hotel tax>STR tax) • Un -hosted stays should be unlimited as long as rules are followed • Table of regulations for different cities • HOA approval needed • Host to have direct contact (phone #) w/ guests (regulate) • How does the agency contact work? • How do people know of the regulations? • Make STR info/contact available online • 4 hosts (2 couples); 3 int. people • 5+ units means different tax laws • 4 -unit should be allowed (remove single fam restriction) • No parking restriction 0 Grandfathered for units to operate Comments from Short -Term Rental Community Meeting on October 4, 2018 • Tax implications and insurance requirements for STRs • Maybe institute a lower TOT rate • What % of TOT is being spent on enforcement? • Do not make enforcement proactive, make it complaint based • Do not contract enforcement to private entity • Review code enforcement data to see what % of total rentals and decide what burden to enforce • 2 peopleibedroom is limiting what about kids • Increase # of allowed listing per property • Built in review system already incentivizes good behavior by guests • Different regulations for different platforms. Do not treat platforms the same. Some platforms need more policing than others • Increase # of STRs on property • % of complaints is so minimal • Complaints are a problem • Compare rate of complaints of STRs to complaints related to long term rentals, probably longer for STRs • Justifying the low number of complaint should not be the point. Keep residential areas residential • Concerned about mini -hotels in neighborhood • Regulations are needed but should not overregulate • # bedrooms -1 • Limited to # parking spaces • ADU -- accessory dwelling unit 2 or 3 • # bedrooms -1 with review process • It's too many rules and a shared economy, why impinge • No limit on un -hosted stays • Allow time to adjust new regulations if drastic changes • 2x # bedrooms = good • Large parties/weddings under Airbnb • Balance between existing and STR Res • Possibly limit guests by required off-street park • Require that guests park on prop • 2x AVAILABLE bedrooms only • Want guests to park off-street • Business/housing important but not affect neighbor • Can't depend on Airbnb to enforce • Total # of non-resident guests cannot exceed 2x # bedrooms (at any one time) • Allocation of the TOT should be used to enforce STRs • Fines should be increased 0 Repeat violators should be revoked Comments from Short -Term Rental Community Meeting on October 4, 2018 • 2 violations w/in 30 days • 3 violations within calendar year • Local contact should register w sheriff • Property owner needs to be present • Definition of comm. is vague • People have designed their life around # from Airbnbs • Hotels are charging enormous money • Guests from Airbnbs are supporting Cupertino economy • A process for requesting a variance (in occupancy or parking or # un -hosted stay days) • Consider the Airbnb response rate + response PD for host • Increased grace period of 6 months to a year • Concerned about the use a marijuana on Airbnb sites. Airbnb has a no comment attitude ... how can this behavior be controlled especially in a residential neighborhood... • Please define: Guests must be limited to two or fewer. For example is a parent with twin infants considered 1 or 3 guests? If 3, please make sure Airbnb website would allow hosts to be in complaint. Thank you. Please have your response be sent to all Cupertino hosts; Airbnb can do this • Like what we are doing, concerned about enforcement for fairness of complying STRs