CC 4-2-19 SS Item #1 Corrected Attachment C - Redlined changes to 19.08, 19.12, 19.20, and 19.120
[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. ʺAʺ Definitions:
ʺAbandonʺ 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.
ʺAbuttingʺ means having property or district lines in common.
ʺAccessory buildingʺ 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.
ʺAccessory dwelling unitʺ means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking and sanitation on the
same parcel as the single‐family dwelling is situated. 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.
ʺAccessory structureʺ 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.
ʺAdditionʺ 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.
ʺAdjacent propertyʺ 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.
ʺAdult bookstoreʺ 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 CHANGE TO “DWELLING UNIT, ACCESSORY”
relating to ʺspecified sexual activitiesʺ or ʺspecified anatomical areas,ʺ as hereinafter
defined.
ʺAdult cabaretʺ 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.
ʺAdult motion picture theaterʺ 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 ʺspecified sexual activitiesʺ or
ʺspecified anatomical areas,ʺ as hereinafter defined, for observation by patrons or
customers.
ʺAdvertising statuaryʺ 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.
ʺAerialʺ means a stationary transmitting and/or receiving wireless communication
device consisting of one or any combination of the elements listed below:
1. ʺAntennaʺ 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. ʺMastʺ means a vertical element consisting of a tube or rod which supports an
antenna.
3. ʺTowerʺ means a vertical framework of cross elements which supports either an
antenna, mast or both.
4. ʺGuy wiresʺ means wires necessary to insure the safety and stability of an antenna,
mast or both.
ʺAffordable housing costʺ means the amount set forth in the Health and Safety Code
Section 50052.5, as may be amended.
ʺAffordable rentʺ means the amount set forth in the Health and Safety Code Section
50053, as may be amended.
ʺAffordable unitsʺ means housing units available at affordable rent or affordable
housing cost to lower or moderate income households.
ʺAgricultureʺ 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.
ʺAlleyʺ means a public or private vehicular way less than thirty feet in width
affording a secondary means of vehicular access to abutting property.
ʺAlterationʺ, for purposes of the Sign Ordinance, means any permanent change to a
sign.
ʺAlterationʺ 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. ʺIncidental alterationʺ 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. ʺStructural alterationʺ means any alteration not deemed an incidental alteration.
ʺAmusement parkʺ means a commercial facility which supplies various forms of
indoor and outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. ʺAdult animalʺ means any animal four months of age or older.
2. Animal, Large. ʺLarge animalʺ means any equine, bovine, sheep, goat or swine or
similar domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. ʺSmall animalʺ means animals which are commonly found in
single‐family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
ʺAnimal careʺ 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.
ʺApartmentʺ 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.
ʺApartment houseʺ means a building designed and used to house three or more
families, living independently of each other.
ʺApartment projectʺ means a rental housing development consisting of two or more
dwelling units.
ʺApproval Bodyʺ means the Director of Community Development and his/her
designee, the Planning Commission or City Council depending upon context.
ʺArchitectural featureʺ 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.
ʺArchitectural projection,ʺ for purposes of the Sign Ordinance, means any permanent
extension from the structure of a building, including the likes of canopies, awnings and
fascia.
ʺAtriumʺ means a courtyard completely enclosed by walls and/or fences.
ʺAtticʺ means an area between the ceiling and roof of a structure, which is
unconditioned (not heated or cooled) and uninhabitable.
ʺAutomotive service stationʺ 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.
ʺAutomotive repair and maintenance (minor)ʺ 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.
ʺAverage slopeʺ means the ratio between vertical and horizontal distance expressed in
percent; the mathematical expression is based upon the formula described below:
S = I x L x 100
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. ʺBʺ Definitions:
ʺBanksʺ 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 ʺpayday lending businessʺ as
used herein means retail businesses owned or operated by a ʺlicenseeʺ as that term is
defined in California Financial Code Section 23001(d), as amended from time to time.
The term ʺcheck cashing businessʺ as used herein means a retail business owned or
operated by a ʺcheck casherʺ as that term is defined in California Civil Code Section
1789.31 as amended from time to time.
ʺBasementʺ 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.
ʺBlockʺ 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.
ʺBoarding houseʺ 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.
ʺBuildingʺ 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 ʺFire Barrierʺ as defined by the California Building Code, then each portion
shall be deemed to be a separate building.
1. ʺAttached buildingʺ means buildings which are structurally connected by any
structural members or wall, excluding decks, patios or fences.
ʺBuilding coverageʺ means that portion of the net lot area encompassed within the
outermost wall line which defines a building enclosure.
ʺBuilding frontageʺ 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.
ʺBusinessʺ or ʺcommerceʺ 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.
ʺBusiness or trade schoolʺ 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. ʺCʺ Definitions:
ʺCanopyʺ 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.
ʺCar shelterʺ means a roofed structure or a part of a building not enclosed by walls,
intended and designed to accommodate one or more vehicles.
ʺCaretakerʺ means a person or persons employed for the purpose of protecting the
principal use of the property or structure.
ʺCenterlineʺ 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.
ʺChangeable copy signʺ 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.
ʺChange of faceʺ means any changes to the letter style, size, color, background, or
message.
ʺChange of useʺ 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.
ʺChildʺ means a person who is under eighteen years of age.
ʺChild day care facilityʺ 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.
ʺChurchʺ 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.
ʺCollegeʺ or ʺuniversityʺ 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.
ʺCollocationʺ means the placement of aerials and other facilities belonging to two or
more communication service providers on a single mast or building.
ʺCommercial recreationʺ 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.
ʺCommunity centerʺ 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.
ʺCommercial district,ʺ for purposes of the Sign Ordinance, means an area of land
designated for commercial use in the current Cupertino General Plan.
ʺCommon interest developmentʺ 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.
ʺCommunity organizationʺ means a nonprofit organization based in the City and
whose activities benefit the City, its residents, employees, or businesses.
ʺConcessionʺ 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.
ʺCondominium conversionʺ or ʺConversionʺ 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.
ʺCondominium projectʺ or ʺprojectʺ includes the real property and any structures
thereon, or any structures to be constructed thereon, which are to be divided into
condominium ownership.
ʺCondominium unitsʺ or ʺunitsʺ means the individual spaces within a condominium
project owned as individual estates.
ʺCongregate residenceʺ 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.
ʺConvalescent facilityʺ 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.
ʺConvenience marketʺ 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.
ʺCorner triangleʺ 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.
ʺCorner triangle,ʺ 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.)
ʺCourtʺ 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.
ʺCovered parkingʺ 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. ʺDʺ Definitions:
ʺDay care centerʺ 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. ʺFamily day care homeʺ means a home, licensed by the State
or County, which regularly provides care, protection and supervision for fourteen or
fewer children, in the providerʹs own home, for periods of less than twenty‐four hours
per day, while the parents or guardian are away, and includes the following:
1. ʺLarge‐family day care home,ʺ 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. ʺSmall‐family day care home,ʺ 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.
ʺDecorative statuary,ʺ 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.
ʺDemonstrated safetyʺ 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.
ʺDemonstrated securityʺ 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.
ʺDensity bonusʺ 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.
ʺDeveloperʺ 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.
ʺDevelopment agreementʺ means a development agreement enacted by legislation
between the City and a qualified applicant pursuant to Government Code Sections
65864 through 65869.5.
ʺDevelopment standardʺ 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.
ʺDistrictʺ 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.
ʺDrinking establishmentʺ means an activity that is primarily devoted to the selling of
alcoholic beverages for consumption on the premises.
ʺDrive‐through establishmentʺ 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.
ʺDrivewayʺ means any driveway that provides direct access to a public or private
street.
Driveway, Curved. ʺCurved drivewayʺ 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.
ʺDuplexʺ 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.
ʺDwelling unitʺ 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.
ʺDwelling unit, accessoryʺ 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.
“Dwelling unit, principal” means the principal facility on a parcel zoned or used for
detached single family residential use. CONSISTENCY
E. ʺEʺ Definitions:
ʺEconomically feasibleʺ means when a housing development can be built with a
reasonable rate of return. The housing developerʹs financial ability to build the project
shall not be a factor.
Emergency Shelter:
ʺEmergency shelter, rotatingʺ means a facility that provides temporary housing with
minimal supportive services and meets criteria in Section 19.76.030(2).
ʺEmergency shelter, permanentʺ means a permanently operated facility that provides
temporary housing with minimal supportive services and meets criteria in Section
19.76.030(3).
ʺEmployee Housingʺ means accommodations for employees as defined by Health and
Safety Code 17008, as may be amended.
ʺEnclosedʺ 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.
ʺEntry featureʺ means a structural element, which leads to an entry door.
ʺEquestrian centerʺ 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.
ʺEquipment yardʺ 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. ʺFʺ Definitions:
ʺFacilityʺ means a structure, building or other physical contrivance or object.
1. ʺAccessory facilityʺ means a facility which is incidental to, and customarily
associated with a specified principal facility and which meets the applicable conditions
set forth in Chapter 19.8019.100.
2. ʺNoncomplying facilityʺ means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any
district to the property involved by reason of which the adoption or application the
facility becomes noncomplying.
3. ʺPrincipal facilitiesʺ means a main building or other facility which is designed
and constructed for or occupied by a principal use.
ʺFamilyʺ means an individual or group of persons living together who constitute a
bona fide single housekeeping unit in a dwelling unit. ʺFamilyʺ shall not be construed CONSISTENCY
to include a fraternity, sorority, club, or other group of persons occupying a hotel,
lodging house, or institution of any kind.
ʺFenceʺ 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.
ʺFence heightʺ 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.
ʺFinancial institutionsʺ 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 ʺpayday lending businessʺ as used herein means retail businesses
owned or operated by a ʺlicenseeʺ as that term is defined in California Financial Code
Section 23001(d), as amended from time to time. The term ʺcheck cashing businessʺ as
used herein means a retail business owned or operated by a ʺcheck casherʺ as that term
is defined in California Civil Code Section 1789.31 as amended from time to time.
ʺFirst floorʺ 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.
ʺFlagʺ means any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other entity.
ʺFloor areaʺ 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.
ʺFloor areaʺ 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.
ʺFloor area ratioʺ means the ratio of gross floor area on a lot to the lot area.
ʺFoot‐lambertʺ means a unit measurement of the brightness of light transmitted
through or reflected from an object or surface.
ʺFreewayʺ means any public roadway so designated by the State of California.
ʺFront wallʺ 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. ʺGʺ Definitions:
ʺGarageʺ means an accessory building (completely enclosed) or an attached building
used primarily for the storage of motor vehicles.
ʺGasoline service stationʺ means any place of business which offers for sale any motor
vehicle fuel to the public.
ʺGradeʺ or ʺfinished gradeʺ 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.
ʺGross lot areaʺ 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.
ʺGuest roomʺ 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. ʺHʺ Definitions:
ʺHabitable floorʺ 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.
ʺHabitable spaceʺ 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.
ʺHeavy equipmentʺ 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.
ʺHeightʺ 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.
ʺHeightʺ, 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
ʺHome occupationʺ 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, for e.g., 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.
ʺHospitalʺ 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 CONSISTENCY FOR PROPOSED SHORT TERM RENTAL REGULATIONS DEFINITIONS FOR PROPOSED SHORT TERM RENTAL REGULATIONS
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, itthe transaction is
considered an “un‐hosted stay”.
ʺHotelʺ 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.
ʺHotelʺ means a facility containing rooms or groups of rooms, generally without
individual kitchen facilities, used or intended to be used by temporary overnight
occupants, whether on a transient or residential occupancy basis, and whether or not
eating facilities are available on the premises. Hotel includes motel, motor hotel, tourist
court, or similar use, but does not include mobilehome parks or similar uses.
ʺHousehold petsʺ 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.
ʺHousehold typeʺ means whether the occupants of the housing units are very low
income, lower income, moderate income, or senior citizens.
ʺHousing developmentʺ 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,
ʺhousing developmentʺ 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. ʺIʺ Definitions:
ʺIndustrial district,ʺ 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. CLARIFICATION DEFINITIONS FOR PROPOSED SHORT TERM RENTAL REGULATIONS
ʺInstitutional district,ʺ 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. ʺJʺ Definitions:
ʺJunkyardʺ 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. ʺKʺ Definitions:
ʺKitchenʺ 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. ʺLʺ Definitions:
ʺLandscapingʺ 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.
ʺLate evening activitiesʺ means an activity which maintains any hours of operation
during the period of eleven p.m. to seven a.m.
ʺLegal substandard lotʺ 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.
ʺLightwellʺ means an excavated area required by the Uniform Building Code to
provide emergency egress, light and ventilation for below grade rooms.
ʺLiquor storeʺ means a use requiring a State of California ʺoff‐sale general licenseʺ
(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).
ʺLoading spaceʺ 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
a. Taking appropriate remedial action on behalf of the host to resolve such
complaints.
ʺLodgingʺ 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.
ʺLodging unitʺ 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.
ʺLotʺ 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. ʺCorner lotʺ means a lot situated at the intersection of two or more streets, or
bounded on two or more adjacent sides by street lines.
2. ʺFlag lotʺ 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. ʺInterior lotʺ means a lot other than a corner lot.
4. ʺKey lotʺ 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.
ʺLot areaʺ 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 DEFINITIONS FOR PROPOSED SHORT TERM RENTAL REGULATIONS
right‐of‐way purposes, in fee, easement or otherwise.
ʺLot coverageʺ means the following:
1. ʺSingle‐family residential useʺ 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. ʺAll other uses except single‐family residentialʺ 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.
ʺLot depthʺ 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.
ʺLot lineʺ means any boundary of a lot.
1. ʺFront lot lineʺ 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. ʺInterior lot lineʺ means any lot line not abutting a street.
3. ʺRear lot lineʺ 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. ʺSide lot lineʺ means any lot line which is not a front or rear lot line.
5. ʺStreet lot lineʺ means any lot line abutting a street.
ʺLot of recordʺ 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.
ʺLot widthʺ means the horizontal distance between side lot lines, measured at the
required front setback line.
ʺLower‐income householdʺ means a household whose gross income does not exceed
that established by Health and Safety Code Section 50079.5, as may be amended.
M. ʺMʺ Definitions:
ʺMajor renovation,ʺ 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.
ʺMajor repair,ʺ 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.
ʺMajor Transit Stop,ʺ 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.
ʺManufacturingʺ 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.
ʺMassageʺ 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.
ʺMassage parlorʺ 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.
ʺMaximum allowable residential density,ʺ 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.
ʺMinor changeʺ 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.
ʺMobilehomeʺ 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.
ʺMobilehome parkʺ 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.
ʺModerate income householdʺ means a household whose gross income does not
exceed that established by Section 50093 of the Health and Safety Code, as may be
amended.
ʺMultiple‐family useʺ 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. ʺNʺ Definitions:
ʺNatural gradeʺ 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.
ʺNightclubʺ means an establishment providing alcoholic beverage service and late
evening (past eleven p.m.) entertainment, with or without food service.
O. ʺOʺ Definitions:
ʺOfficeʺ means:
1. ʺAdministrative or executive officesʺ including those pertaining to the
management of office operations or the direction of enterprise but not including
merchandising or sales services.
2. ʺMedical officeʺ 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. ʺProfessional officesʺ 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. ʺOffice district,ʺ 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.
ʺOffsetʺ means the indentation or projection of a wall plane.
ʺOpenʺ means a space on the ground or on the roof of a structure, uncovered and
unenclosed.
ʺOrganizational documentsʺ 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.
ʺOutdoor recreation useʺ 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. ʺPʺ Definitions:
ʺParkʺ 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.
ʺParking areaʺ means an unroofed, paved area, delineated by painted or similar
markings, intended and designed to accommodate one or more vehicles.
ʺParking facilityʺ 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. ʺTemporary parking facilityʺ 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.
ʺParking spaceʺ 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 ʺparking stallʺ and does not include driveways, aisles or other features
comprising a parking facility as previously defined in this chapter.
ʺPennantʺ 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.
ʺPermitʺ 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.
ʺPersonʺ 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.
ʺPersonal fitness training centerʺ 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.
ʺPerspective drawingʺ 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.
ʺPicnic areaʺ means a facility providing tables and cooking devices for preparation
and consumption of meals out of doors or within an unenclosed shelter structure.
ʺPractice rangeʺ means a facility providing controlled access to fixed or movable
objects which are used to test and measure accuracy of discharge from a weapon.
ʺPrivate educational facilityʺ 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.
ʺProject improvementsʺ 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.
ʺProjectionʺ 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.
ʺPromotional deviceʺ 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.
ʺPropertyʺ 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. ʺAdjoining propertyʺ means any unit of real property,
excluding lands used as public streets, sharing one or more common points with
another property.
“Property Owner” means any person, legal entity, or association of individuals, that
is the owner(s) of record of real property, as documented by a deed or other such
evidence of ownership.
ʺProviderʺ means a person who operates a child day care home and is licensed by the
State of California.
ʺPublic dancehallʺ 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. DEFINITIONS FOR PROPOSED SHORT TERM RENTAL REGULATIONS
Q. ʺQʺ Definitions:
ʺQualified applicantʺ 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.
ʺQualifying residentʺ 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. ʺRʺ Definitions:
ʺRecreational open spaceʺ 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.
ʺRecyclable materialsʺ 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.
ʺRecycling centerʺ 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. ʺRecycling center, Certifiedʺ or ʺCertified Processorʺ 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. ʺRecycling center, Mobileʺ 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.
ʺRecycling facilitiesʺ may include the following:
1. ʺCollection facilityʺ 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. ʺProcessing facilityʺ 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‐userʹs 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.
ʺReligious institutionʺ 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.
ʺResearch and developmentʺ 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.
ʺResidential care facilityʺ 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 residentʹs 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.
ʺResidential district,ʺ for purposes of the Sign Ordinance, means the R1, RHS, R2, R3,
R1C, A, and A1 zoning classifications which are consistent with the residential
designation of the Cupertino general plan.
Restaurant:
1. Restaurant, Fast‐Food. ʺFast‐food restaurantʺ 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. ʺFull‐service restaurantʺ means any restaurant which is
not a fast‐food restaurant. Alcoholic beverages may be served with meals at a
customerʹs dining table; however, a separate bar facility for serving alcoholic beverages
is not permitted without a use permit.
ʺReverse vending machine(s)ʺ 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. ʺSʺ Definitions:
ʺScreenedʺ 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.
ʺSenior citizensʺ 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.
ʺSenior citizen housing developmentʺ 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.
ʺSetback lineʺ 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. ʺRequired setback areaʺ 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. ʺRequired front‐yard setback areaʺ 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. ʺRequired rear‐yard setback areaʺ 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. ʺRequired side‐yard setback areaʺ 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.
ʺShopping centerʺ means a group of commercial establishments, planned, developed,
owned or managed as a unit, with off‐street parking provided on the parcel.
ʺShopping center,ʺ 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. DEFINITIONS FOR PROPOSED SHORT TERM RENTAL REGULATIONS
ʺSidewalk site triangleʺ 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)
ʺSignʺ 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. ʺAnimated signʺ 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. ʺBlade signʺ 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. ʺDevelopment Identification Signʺ 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. ʺDirectional signʺ means any sign which primarily displays directions to a
particular area, location or site.
5. ʺDirectory signʺ means any outdoor listing of occupants of a building or group of
buildings.
6. ʺElectronic readerboard signʺ means an electronic sign intended for a periodically‐
changing advertising message.
7. ʺFreeway oriented signʺ 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. ʺGarage sale signsʺ means any sign used for advertising a garage or patio sale as
defined in Chapter 5.16 of the Cupertino Municipal Code.
9. ʺGround signʺ 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. ʺIdentification signʺ 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. ʺIllegal signʺ 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. ʺIlluminated signʺ means any sign utilizing an artificial source of light to enhance
its visibility.
13. ʺInformational signʺ 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. ʺLandmark signʺ means an existing, legal non‐conforming ground sign that has a
distinctive architectural style.
15. ʺNonconforming signʺ 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. ʺObsolete signʺ means any sign that displays incorrect or misleading information,
promotes products or services no longer available at that site or identifies departed
occupants.
17. ʺOff‐site signʺ 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. ʺOn‐site signʺ 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. ʺPolitical signʺ means a temporary sign that encourages a particular vote in a
scheduled election and is posted prior to the scheduled election.
20. ʺPortable Sign or Displayʺ 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. ʺProject announcement signʺ 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. ʺProjecting signʺ means any sign other than a wall sign that is attached to and
projects from a structure or building face or wall.
23. ʺReal estate signʺ means a temporary sign indicating that a particular premises is
for sale, lease or rent.
24. ʺRoof signʺ means a sign erected between the lowest and highest points of a roof.
25. ʺStreet address signʺ 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. ʺTemporary Signʺ 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. ʺV‐shaped signsʺ 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. ʺVehicle signʺ means a sign painted on or attached to an operable or movable
vehicle; in the case of motor vehicles, ʺoperableʺ shall be defined as having a valid
license plate.
29. ʺWall signʺ 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. ʺWindow signʺ 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.
ʺSign Areaʺ 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.
ʺSpecialty food storesʺ 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.
ʺSite,ʺ for purposes of the Sign Ordinance, means a piece of land as shown on a
subdivision map, record of survey map or assessorʹs 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.
ʺSpecial event,ʺ 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.
ʺSpecial Event Bannerʺ 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.
ʺSpecial needs housing,ʺ 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.
ʺSpecified anatomical areasʺ 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.
ʺSpecified sexual activitiesʺ 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.
ʺStoryʺ 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.
ʺStreetʺ 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. ʺPublic streetʺ 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.
ʺStreet frontage,ʺ 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. ʺStructureʺ 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. ʺRecreational structureʺ 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.
ʺStructurally attachedʺ means any structure or accessory structure or portion thereof,
which is substantially attached or connected by a roof structure or similar physical
attachment.
ʺSupportive housingʺ (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. ʺTʺ Definitions:
ʺTarget populationʺ (per CA Government Code 65582(g), 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.
ʺTransientʺ 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.
ʺTransitional housingʺ (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
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.
ʺTrimʺ means the molding, battens, cappings, nailing strips, lattice and platforms
which are attached to a sign.
U. ʺUʺ Definitions:
ʺUnobstructed Access,ʺ 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.
ʺUseʺ means the conduct of an activity, or the performance of a function or operation,
on a parcel or in a building or facility.
1. ʺAccessory useʺ means a use which is incidental to and customarily associated
with a specified principal use.
2. ʺConditional useʺ 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. ʺNonconforming useʺ means a use which is not a permitted use or conditional DEFINITIONS FOR PROPOSED SHORT TERM RENTAL REGULATIONS
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. ʺPermitted useʺ 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. ʺPrincipal useʺ means a use which fulfills a primary function of a household,
establishment, institution, or other entity.
ʺUseable rear yardʺ 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. ʺVʺ Definitions:
ʺVariance applicationʺ means an application for which an exception process is not
identified in the Municipal Code.
ʺVehicleʺ 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. ʺCommercial vehicleʺ 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. ʺRecreation vehicleʺ 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.
ʺVery low income householdʺ means a household whose gross income does not
exceed that established by Health and Safety Code Section 50105, as may be amended.
ʺVisual privacy intrusionʺ 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. ʺWʺ Definitions:
None.
X. ʺXʺ Definitions:
None.
Y. ʺYʺ Definitions:
ʺYardʺ 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. ʺFront yardʺ 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. ʺRear yardʺ 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. ʺSide yardʺ means a yard measured into a lot from a side lot line, extending
between the front yard and rear lot line.
Z. ʺZʺ Definitions:
None.
(Ord. 17‐2170, § 1, 2017; Ord. 17‐2169, § 2, 2017; Ord. 17‐2165, § 2, 2017; Ord. 16‐2157, §§
1, 2, 2016; Ord. 16‐2159, §§ 1‐4, 2016; Ord. 16‐2149, § 3, 2016; Ord. 16‐2140, §§ 1‐5, 2016;
Ord. 14‐2125, § 3 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 11‐2074, (part), 2011; Ord.
2056, (part), 2010; Ord. 1894, § 1, 2002; Ord. 1891, (part), 2002; Ord. 1863, (part), 2000;
Ord. 1809, 2000; Ord. 1784, (part), 1998; Ord. 1725, (part), 1996; Ord. 1688, § 3 (part),
1995; Ord. 1657, (part), 1994; Ord. 1654, 1994; Ord. 1637, (part), 1993; Ord. 1635, (part),
1993; Ord. 1618, (part), 1993; Ord. 1607, § 1, 1992; Ord. 1601, Exh. A (part), 1992)
Appendix A: Cupertino Standard Detail 7‐2 Corner Triangle ‐ Controlled
Intersections.
Note: To view this Appendix in PDF, click HERE
Appendix B: Cupertino Standard Detail 7‐4 Corner Triangle ‐ Uncontrolled
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: To view this Appendix in PDF, click HERE
Appendix D: Examples of How to Measure Sign Area.
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 Decision A, B Administrative Review Design Review Committee Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing/ Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings General Plan Amendment Major F ‐ ‐ R F PH CA. Govt. Code 65350‐65362 Yes ‐ CA. Govt. Code 65350‐65362 Minor G ‐ ‐ R F PH Yes ‐ Zoning Map Amendments Major F ‐ ‐ R F PH CA. Govt. Code 65853 ‐ 65857 Yes ‐ 19.152.020 Minor G ‐ ‐ R F PH Yes ‐ Zoning Text Amendments ‐ ‐ R F PH CA. Govt. Code 65853 ‐ 65857 ‐ ‐ 19.152.030 Specific Plans ‐ ‐ R F PH CA. Govt. Code 65350‐65362 ‐ ‐ 20.04.030 PROPOSED PROCESS
Development Agreements ‐ ‐ R F PH CA. Govt. Code 65867 Yes ‐ 19.144.120 Development Permits Major F, H ‐ ‐ F/R A1/F PM 19.12.110/ 300’ Yes 2 years 19.156.050 Minor G F ‐ A1 A2 PM Yes 2 years Conditional Use Permits Major F, H, I F ‐ A1/F/R A1/A2/F PH CA. Govt. Code 65905 Yes 2 years 19.156.050 Minor G, I F ‐ A1/F/R A1/A2/F PH Yes 2 years Temporary F ‐ A1 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 ‐ A1 A2 PM 19.12.110/ Adjacent Yes 2 years 19.168.030 Minor K F ‐ A1 A2 PM Yes 2 years Amendment Major F, H ‐ ‐ F A1 Varies L Depends on permit being amended L Yes 2 years 19.44, 19.144 19.156, 19.164 Minor G F ‐ A1 A2 Varies L Yes 2 years Minor Modification F ‐ A1 A2 ‐ None No 2 years 19.164 Hillside Exception/ Height Exception / Heart ‐ ‐ F A1 PH 19.12.110/ 300’ Yes 2 years 19.40.080, 19.24.070, 19.136.090
of the City Exception I Variance F ‐ A1 A2 PH CA. Govt. Code 65905 Yes 2 years 19.156.060 Status of non‐conforming Use ‐ ‐ F A1 PH 19.12.110/ 300’ Yes ‐ 19.140.110 Wireless Antennas I F ‐ F/ A1 A2 Varies I Depends on application type Yes 2 years 19.136.090 Signs Permits F ‐ A1 A2 ‐ None No 1 year 19.104 Neon, Reader board & Freeway Oriented Signs I ‐ F F A1 M PM 19.12.110/ 300’ No 1 year 19.104 Programs F ‐ A1 A2 ‐ None No 1 year 19.104 Exceptions I ‐ F ‐ A1 M PM 19.12.110/ Adjacent Yes 1 year 19.104.290 Parking Exceptions I F F A1 A1 L /A2 Varies N 19.12.110/ Adjacent/ 300’ O Yes 1 year 19.124.050 Fence Exceptions ‐ F ‐ A1 L PM 19.12.110/ Adjacent Yes 1 year 19.48.060 Front Yard Interpretation F ‐ A1 A2 PM 19.12.110/ Adjacent Yes 1 year 19.08 R1 Ordinance Permits Two‐story I F F F/A1 A1 L /A2 Varies I 19.12.110/ Adjacent Yes 1 year 19.28.140 Minor Residential F ‐ A1 A2 CP No 1 year
Exceptions I ‐ F ‐ A1 M PM Yes 1 year Short Term Rental Authorization F ‐ A1 A2 ‐ None No 1 year P 19.120 Protected Trees Tree Removal F ‐ A1 A2 CP Adjacent unless exempt Yes 1 year 14.18.180 Heritage Tree Designation & Removal ‐ ‐ F A1 PM 19.12.110/ 300’ Yes ‐ 14.18 Tree Management Plan F ‐ A1 A2 ‐ None No ‐ 14.18 Retroactive Tree Removal F ‐ A1 A2 ‐ None No ‐ 14.18 Reasonable Accommodation F ‐ A1 A2 ‐ None No 1 year 19.52.050 Extensions PQ Parking, Fence & Sign Exceptions & Front Yard Interpretations F ‐ A1 A2 ‐ None No 1 year Neon, Reader board & Freeway Oriented Signs F A1 A2 ‐ None No 1 year Two Story Permits, Minor Residential F A1 A2 ‐ None No 1 year
Permits and Exceptions Tree Removals F ‐ A1 A2 ‐ ‐ No 1 year All other projects F ‐ A1 A2 ‐ 19.12.110/ None No 2 years 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. Q. 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 (R1C) 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.
BC. 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.
CD. 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) PROPOSED CHANGE
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
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 approval 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. 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.
BC. 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.
2. The decision for applications approved with a comment period or upon PROPOSED PROCESS Formatted: Font: Palatino Linotype
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. 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 PROPOSED CHANGE PROPOSED CHANGE
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
disputing such 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.
a.b. 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:
i. That the permit was obtained by misrepresentation or fraud; and/or PROPOSED PROCESS
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
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 use of the property in violation of the 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.
[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 R1C R‐2 R‐3
1. Agriculture, horticulture, viticulture and
forestry, including the following and similar
uses:
P P ‐ ‐ ‐ ‐ ‐
a. Field and truck crops, including drying
and storage, P P ‐ ‐ ‐ ‐ ‐
b. Orchards and vineyards, including
bottling and storage, P P ‐ ‐ ‐ ‐ ‐
c. Tree farms, botanical conservatories
and arboreta, P P ‐ ‐ ‐ ‐ ‐
d. Barns and sheds, P P ‐ ‐ ‐ ‐ ‐
e.
Keeping of draft animals, animals
providing products used on the
property,
P P ‐ ‐ ‐ ‐ ‐
f. Livestock ranches and dairy farms
depending mainly on grazing on the P CUP
‐ PC ‐ ‐ ‐ ‐ ‐ PROPOSED CHANGE CONSISTENCY CHANGE
property,
g. Processing of dairy products produced
on the property, P CUP
‐ PC ‐ ‐ ‐ ‐ ‐
h. Poultry raising and hatcheries, P CUP
‐ PC See #27
i. Apiaries, pursuant to Chapter 8.07, P CUP
‐ PC See #9
j. Nurseries, greenhouses and
landscaping gardens, P CUP
‐ PC See #20
k. Boarding kennels, CUP
‐ PC
CUP
‐ PC ‐ ‐ ‐ ‐ ‐
l. Animal breeding; P
CUP
‐
Adm
in.
‐ ‐ ‐ ‐ ‐
2. Fur farms ‐ CUP
‐ PC ‐ ‐ ‐ ‐ ‐
3. Retail sale of wine, fruit or berries
produced on the property;
CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐ ‐
4. Single‐family dwelling unit with not
more than one dwelling unit per lot/defined
air space for condominiums;
P P P P P ‐ ‐
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
Commission determines that the structure
will not result in privacy impacts,
shadowing, or intrusive noise, odor, or other
adverse impacts to the surrounding area;
‐ ‐
CUP
‐ PC ‐ ‐ ‐ ‐
6. Employee housing:
a. For six or fewer employees in each
dwelling unit on each lot P P P P P P P
b.
With no more than 36 beds in group
quarters or 12 units/spaces designed
for use by a single family or household
on each lot
P P ‐ CUP‐
Admin. ‐ ‐ ‐
7.
An accessory dwelling unit which
conforms to the requirements of
Chapter 19.112;
P P P P ‐ ‐ ‐
8. Multiple‐family residential dwellings ‐ ‐ ‐ ‐ ‐ ‐ P
9. Accessory facilities and uses customarily
incidental to permitted uses and otherwise
conforming with the provisions of Chapter
19.100 of this title;
P P P P P P P
10. Utility facilities essential to provision of
utility services to the neighborhood but
excluding business offices, construction or
storage yards, maintenance facilities, or
corporation yards;
‐ ‐ P ‐ ‐ P CUP
‐ CC
11. Temporary buildings for construction
purposes (including trailers) for a period not
to exceed the duration of such construction;
‐ ‐ ‐ ‐ ‐ ‐ P
12. Home occupations;
a.
When accessory to permitted use and
otherwise conforming to the
provisions of Chapter 19.120 of this
title;
P P P P P P P
b. Requiring a Conditional Use Permit
pursuant to Chapter 19.120 of this title;
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP ‐
Admin.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
c. Short‐Term Rentals Ex. Ex. 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;
a.
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
home.
The Director of Community
Development or his or her designee
P P P P P P
CUP
‐
Adm
in.
shall administratively approve large
day care homes to ensure compliance
with the parking and proximity
requirements;
b.
Which otherwise does not meet the
criteria for a permitted use. The
conditional use permit shall be
processed as provided by CA. Health
and Safety Code Section 1597.46(3);
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP ‐
Admin.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP
‐
Adm
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,
issued by appropriate State and/or County
agencies and/or department;
P P P P P P P
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
property boundary of another residential
care facility, provided that the facility obtains
any license, if required, issued by
appropriate State and/or County agencies
and/or departments;
CUP
‐ PC
CUP
‐ PC
CUP
‐ PC
CUP ‐
PC
CUP
‐ PC
*
CUP
‐ PC
CUP
‐ PC
17. Congregate residence, in each dwelling
unit:
a. With six or fewer residents P P P P P P P
b.
With seven or greater residents which
is a minimum distance of one
thousand feet from the boundary of
another congregate residence and has a
minimum of seventy‐five square feet
of usable rear yard area per occupant
CUP
‐ PC
CUP
‐ PC
CUP
‐ PC
CUP ‐
PC
CUP
‐ PC
*
CUP
‐ PC
CUP
‐ PC
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 ‐
b.
Limited to maximum of ten percent of
the lot area and for consumption by
occupants of the site;
‐ ‐ ‐ ‐ ‐ ‐ P
c.
Produce grown on site may be sold if
the business activity is conducted in a
manner consistent with Chapter
19.120, Home Occupations
‐ ‐ ‐ P ‐ ‐ ‐
d. Commercial purposes; See
#1
See
#1 ‐ CUP ‐
Admin. ‐ ‐ ‐
21. Limited commercial recreation uses,
such as riding clubs and related stables and
trails, golf courses, swimming and picnic
grounds;
‐ ‐ ‐
CUP ‐
PC ‐ ‐ ‐
22. Golf courses and driving ranges; CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐ ‐
23. Commercial swimming pools and picnic
areas;
CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐ ‐
24. Temporary uses subject to regulations
established by Chapter 19.156
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP ‐
Admin.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
25. Buildings or structures which
incorporate solar design features that require
variation from setbacks upon a
determination by the Director that the design
feature, or features, will not result in privacy
impacts, shadowing, or intrusive noise, odor,
or other adverse impacts to the surrounding
area.
CUP
‐
Adm
in.
CUP
‐
Adm
in.
‐ CUP ‐
Admin. ‐ ‐ ‐
26. Transmission lines, transformer stations,
television and radio towers, and other public
utility and communication structures;
CUP
‐ PC
CUP
‐ PC ‐ ‐ ‐ ‐ ‐
27. Adult (over 4 months of age) household pets per dwelling unit, limited as follows:
a. No specified number P P ‐ ‐ ‐ ‐ ‐
b.
Maximum of four, provided no more
than two adult dogs or cats may be
kept on the site
‐ ‐ P ‐ P P P
c. Limited to one per three thousand
square feet of lot area, except: ‐ ‐ ‐ P † ‐ ‐ ‐
1.
Dogs are limited to a maximum of
two on lots less than one acre and four
for lots greater than one acre.
2.
The number of geese, ducks,
chickens, rabbits and other farm
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 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:
a.
Two large animals for the first 40,000
square feet of land area, except mules
and donkeys which require 80,000
square feet for the first animal,
See
#1
See
#1 ‐ P † ‐ ‐ ‐ b. One additional large animal for each
20,000 square feet of land area,
c.
One additional large animal if said
animal is raised for a 4H project, a
project sponsored by a recognized
agricultural organization or a school
project,
30. The keeping of any animal not
otherwise permitted above: #27, 28 and 29 ‐ ‐ ‐
CUP ‐
Admin. ‐ ‐ ‐
31. Riding academies, commercial stables,
and the boarding of horses;
CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐
32. Noncommercial stables, and the keeping
of riding horses:
a. Limited to three horses on each lot at
the any time except that additional P P ‐ ‐ ‐ ‐ ‐
foals may be retained for a period of
six months;
b. In excess of the number permitted in
32(a)
CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐ ‐
33. Cemeteries, crematoriums, mausolea,
and columbariums
CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐
34. Mines, quarries and gravel pits; CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐
35. Guest ranches; CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐
36. Public and quasi‐public buildings and
uses.
CUP
‐ CC
CUP
‐ CC ‐ ‐ ‐ ‐
37. Hog farms; Ex Ex ‐ ‐ ‐ ‐ ‐
38. Cattle farms mainly depending upon
feed brought onto the property; Ex Ex ‐ ‐ ‐ ‐ ‐
39. Slaughterhouses, fertilizer yards, feed
yards, boneyards or plants for the reduction
of animal matter;
Ex Ex ‐ ‐ ‐ ‐ ‐
40. Commercial feed sales; Ex Ex ‐ ‐ ‐ ‐ ‐
41. Other semiagricultural uses mainly
depending upon raw materials, semifinished
products, or feed brought on to the property;
Ex Ex ‐ ‐ ‐ ‐ ‐
42. Other agricultural uses which, in the
opinion of the Director of Community
Development, create a private or public
nuisance.
Ex Ex ‐ ‐ ‐ ‐ ‐
Key:
P –
- –
CU
P -
Admi
n. –
CU
P -
PC –
CU
P -
Permitted Use
Not Allowed
Conditional Use Permit issued by the Director of Community Development
Conditional Use Permit issued by the Planning Commission
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,
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,
All animals must be kept and maintained in accordance with other Cupertino or Santa Clara
County codes and ordinances,
CC –
* –
† –
Ex
–
Excluded Uses
[Section 19.120.010 – 19.120.030 – No Change]
19.120.040 Short Term Rental Activity.
A. Short term rental activity 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 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 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 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 PROPOSED REGULATIONS
rental and the information for the Local Contact.
c. All guests shall be notified about the availability of the manual
and
a.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.
7. Advertising All short term rental advertisements shall include the City short term
rental Permit number on every listing
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 p.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. PROPOSED REGULATIONS
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 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/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 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.
(Ord. 2085, § 2 (part), 2011; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)
19.120.0650 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. Boarding and/or rooming homes for more than two guests;
DC. 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;
EF. Medical offices for physicians, dentists, osteopaths, and other practitioners;
FG. Private schools with organized classes; PROPOSED REGULATIONS CODE SECTION CHANGES CONSISTENCY CHANGE
GH. Upholstery, small engine repair, welding shops;
IH. 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)
CODE SECTION CHANGES