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2020 S-78 Supplement
CUPERTINO, CALIFORNIA Instruction Sheet 2020 5-78 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 1: GENERAL PROVISIONS 9, 10 9, 10 TITLE 3: REVENUE AND FINANCE 9 through 12 9 through 12 TITLE 5: BUSINESS LICENSES AND REGULATIONS 1, 2 1, 2 - - 10A through 1OF TITLE 19: ZONING 5 through 20 5 through 20 29 through 32B 29 through 32B 37, 38 37, 38 41, 42 41, 42 203, 204 203, 204 COMPREHENSIVE ORDINANCE LIST 47, 48 47, 48 1 Cupertino, CA - Instruction Sheet 2 REMOVE OLD PAGES INSERT NEW PAGES INDEX 25 through 26B 25 through 26B AJK 1112020 CITY OF CUPER 1 INO, CALIFORNIA MUNICIPAL CODE S-78 Supplement contains: Local legislation current through Ordinance 20-2211, passed 9-15-2020 COPYRIGHT © 2020 AMERICAN LEGAL PUBLISHING CORPORATION 1.09.010 { CHAPTER 1.09: NUISANCE ABATEMENT Section { 1.09.010 Short title-Statutory authority. C. "Incidental Expenses" means the actual costs { 1.09.020 Purpose. incurred by the city in the enforcement of this chapter, 1 1.09.030 Definitions. including, but not limited to hearing costs; staff costs; 1.09.040 Determination of public nuisance. inspection costs; and costs of preparing, copying and 1.09,050 Notice and order to abate nuisance. mailing documents. 1.09.060 Report of costs. D. "Public Nuisance" means: 1.09.070 Appeals of notice and order to abate 1. Any condition that affects at the same time, an nuisance and report of costs. entire community or neighborhood, or any considerable 1.09.080 Authorization to proceed; abatement work. number of persons, although the extent of the annoyance or 1.09.090 Collection of abatement costs. damage inflicted upon individuals may be unequal. A public 1.09.100 Emergency nuisance abatement procedure. nuisance includes, but is not limited to: 1.09.110 Violation-Penalty. a. A condition that is, or is likely to become, injurious to health,safety or welfare or indecent or offensive to the senses; 1.09.010 Short Title-Statutory Authority. b. An obstruction to the free use of property, such This chapter shall be known as the"nuisance abatement as interference with the comfortable enjoyment of life or ordinance of the City of Cupertino. It is adopted pursuant property; to the authority granted to city legislative bodies in Article c. An unlawful obstruction to the free passage or use 6, Division 3 of the Government Code (commencing with of any public park, square, street, highway, right-of-way, § 38771)of the State. (Ord. 20-2203, § 3, 2020) navigable lake, river, bay, stream, canal or basin; d. Any unlawful act identified in§ 9.22.020; 1.09.020 Purpose. e. A condition that diminishes property values and This chapter is enacted to protect the general public degrades the quality of life within the city; or health, safety, and welfare from public nuisances and to f. A substandard building as defined in the current r promote the free use of property and the comfortable Uniform Housing Code adopted by the city. enjoyment of life or property within the limits of the city. 2. Any building or structure set up, erected, (Ord. 20-2203, § 3, 2020) constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of any zoning or 1.09.030 Definitions. building ordinance of the city, or any rule, regulation or A. "Abate"or"Abatement"means to repair,replace, order issued or promulgated pursuant thereto, and/or any remove, destroy, or otherwise remedy the condition in use of any land,building or premises conducted,operated or question by such means and in such manner and to such an maintained contrary to the provisions of any zoning or extent as the Code Enforcement Officer in his or her building ordinance of the city, or any rule, regulation or judgment determines is necessary in the interest of the order issued or promulgated pursuant thereto. general health, safety, and welfare of the community. 3. Any failure to comply with the provisions of the B. "Appeal Hearing Officer" means a person, below listed titles and chapters of this code: agency,or body designated by the City Manager to hear and decide appeals under this Chapte r 1.09. The Appeal Titles Chapters Hearing Officer shall not be any enforcement officer or supervisor. The employment, performance evaluation, 5 All compensation, and benefits of an Appeal Hearing Officer, if any, shall not be directly or indirectly conditioned upon 6 6.24 the decisions of the Appeal Hearing Officer. 8 All 9 2020 S-77 1.09.030 Cupertino - General Provisions 10 Titles Chapters b. The time, generally not less than seven days, in P which completion of the curative action must occur, as 9 All determined by the Code Enforcement Officer. Any subsequent order, if issued, may require immediate 10 All compliance if a notice of violation has previously been j served concerning the same violation of the code. 11 11.04, 11.10, 4. A statement advising that if the abatement work li 11.28, 11.31 is not commenced within the time specified, and diligently 14 All pursued until completion, the city may proceed to cause the work to be done and charge the costs thereof against the 15 15.20 parcel or its owner as a lien against the parcel and/or as a special assessment, and such lien or special assessment may 16 All be recorded, and that such property may be sold after three years by the Tax Collector for unpaid delinquent 17 All assessments,and that such remedy shall be in addition to any 18 All other rights, remedies, or actions available to the city by reason of the same violation as described in the notice and 19 All order. 5. A statement indicating whether the city has elected to seek, as a part of abatement costs, reasonable E. "Private Nuisance"means any nuisance condition attorneys'fees incurred in abating the nuisance. Such notice that is not a public nuisance. shall also state that if the city elects to seek reasonable F. "Record Owner" means the person or persons attorneys' fees,the prevailing party may be entitled to seek described as the owner or owners of record of the parcel of reimbursement of reasonable and necessarily incurred land on which the nuisance is maintained, by the last attorneys' fees,provided any such fees awarded against the equalized assessment roll or the supplemental roll, city shall not exceed the amount of reasonable attorneys' f whichever is more current. (Ord. 20-2203, § 3, 2020) fees incurred by the city. 6. A statement advising: 1.09.040 Determination of Public Nuisance. a. That the record owner may appeal the notice and When the Code Enforcement Officer has inspected or order to abate nuisance pursuant to § 1.10.070; caused to be inspected any condition on any parcel of land b. Such appeal must be filed within ten business days or structure and has found and determined that such from the date of service of the notice and order; and condition on such parcel of land or structure constitutes a C. That failure to appeal will constitute a waiver of public nuisance, the Code Enforcement Officer may elect all rights to an administrative hearing to contest the proceed as outlined in § 1.09.050 and § 1,09.100, in determination of nuisance and required abatement. addition to other enforcement remedies authorized by this B. Service of the notice and order shall be made as code. (Ord. 20-2203, § 3, 2020) provided in § 1.10.040. (Ord. 20-2203, § 3, 2020) 1.09.050 Notice and Order to Abate Nuisance. 1.09.060 Report of Costs. A. Upon determining that a condition constitutes a A. The city shall keep an accurate and itemized public nuisance,the Code Enforcement Officer may elect to account of the abatement costs incurred by the city, issue a notice and order directed to the record owner of the including incidental costs and all other reasonably related property on which the Code Enforcement Officer has costs,including,if the city so elected,reasonable attorneys' determined that a public nuisance exists. The notice and fees incurred in abating the nuisance. Such account shall order shall contain all of the following: indicate, where appropriate and feasible, the costs 1. The street address and a description sufficient for attributable to each separate parcel of land upon which the identification of the property and any structures where the abatement work is performed. Following completion of all violation occurred or is occurring. abatement work, the city shall prepare a final itemized 2. A statement that a condition deemed to be a written report of costs showing the total abatement costs. public nuisance as defined in § 1.09.030 has been found to exist, with a brief and concise description of the conditions found to constitute a public nuisance under the applicable provisions of this code. 3. An order specifying: a. The curative action required to be taken; and 2020 S-78 Repl. 3.12.010 CHAPTER 3.12: TRANSIENT OCCUPANCY TAX* Section 3.12.010 Short title. C. "Occupancy"means the use or possession,or the 3.12.020 Definitions. right to the use or possession of any room or rooms or 3.12.030 Imposition. portion thereof, in any hotel for dwelling, lodging or 3,12,050 Operator's duties. sleeping purposes; 3.12.060 Registration. D. "Transient" means any person who exercises 3.12.070 Reporting and remitting. occupancy or is entitled to occupancy by reason of 3.12.080 Penalties and interest. concession, permit, right of access, license or other 3.12.090 Failure to collect and report agreement for a period of thirty consecutive calendar days tax-Determination of tax by Tax or less,counting portions of calendar days as full days. Any Administrator. such person so occupying space in a hotel shall be deemed 3.12.100 Appeal. to be a transient until the period of thirty days has expired 3.12.110 Records. unless there is an agreement in writing between the operator 3.12,120 Refunds. and the occupant providing for a longer period of 3.12.130 Actions to collect. occupancy. In determining whether a person is a transient, 3.12.140 Violation-Penalty. uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified * For statutory provisions regarding the authority herein may be considered. "Transient" includes persons of cities to impose a tax on the occupancy of who book accommodations through hosting platforms; room space within the city limits, see Rev. and E. "Rent"means the consideration charged,whether Tax. Code Sec. 7280. or not received,for the occupancy of space in a hotel valued in money,whether to be received in money, goods,labor or otherwise, including all receipts,cash, credits and property 3.12.010 Short Title. and services of any kind or nature, without any deduction This chapter shall be known as the "uniform transient therefrom whatsoever; occupancy tax ordinance" of the City. (Ord. 18-2174, § 1 F. "Operator" means the person who is proprietor (part), 2018; Ord. 310, § 1, 1965) of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other 3.12.020 Definitions. capacity. Where the operator performs his functions Except where the context otherwise requires, the through a managing agent of any type or character other definitions given in this section govern the construction of than an employee,the managing agent shall also be deemed this chapter: an operator for the purposes of this chapter and shall have A. "Person" means any individual, firm, the same duties and liabilities as his principal. Compliance partnership,joint venture,association,social club, fraternal with the provisions of this chapter by either the principal or organization,joint stock company,corporation,estate,trust, the managing agent shall, however, be considered to be business trust, receiver, trustee, syndicate, or any other compliance by both; group or combination acting as a unit; G. "Tax Administrator" means the City's Director B. "Hotel" means any structure, or any portion of of Administrative Services or designee. any structure,which is occupied or intended or designed for short-term occupancy by transients for dwelling,lodging or sleeping purposes, and includes any hotel,inn,tourist home or house,motel,studio hotel,bachelor hotel,lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof; 2020 S-78 9 3.12.020 Cupertino-Revenue and Finance 10 H. "Hosting platform" means a person, legal entity hotel with the Tax Administrator and obtain from him a or an association of individuals that provide a means,which "Transient Occupancy Registration Certificate" to be at all may or may not be internet-based, through which a short- times posted in a conspicuous place on the premises. The term rental is offered to the public, in exchange for a fee or certificate shall, among other things, state the following: other compensation. A hosting platform generally has the A. The name of the operator; following attributes: allows a host to advertise a short-term B. The address of the hotel; rental, and provides a means to arrange and enter into C. The date upon which the certificate was issued; agreements to occupy short-term rentals, whether payment D. This "Transient Occupancy Registration , of rent is made directly to the host or through the hosting Certificate" signifies that the person named on the face F platform. (Ord. 20-2200, § 1, 2020; Ord. 18-2174, § 1 hereof has fulfilled the requirements of the Uniform I' (part), 2018; Ord. 1705,(part), 1995; Ord. 310, §2, 1965) Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting from 3.12.030 Imposition. transients the Transient Occupancy Tax and remitting said For the privilege of occupancy in any hotel, each tax to the Tax Administrator. This certificate does not transient is subject to and shall pay a tax in the amount of authorize any person to conduct any unlawful business or to twelve percent of the rent charged by the operator. The tax conduct any lawful business in an unlawful manner, nor to constitutes a debt owed by the transient to the City,which is operate a hotel without strictly complying with all local extinguished only by payment to the operator or to the City. applicable laws, including but not limited to those requiring The transient shall pay the tax to the operator of the hotel at a permit from any board, commission, department or office the time the rent is paid. If the rent is paid in installments, of this city. This certificate does not constitute a permit. a proportionate share of the tax shall be paid with each (Ord. 18-2174, § 1 (part), 2018; Ord. 310, §6, 1965) installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the 3.12.070 Reporting and Remitting. tax due is not paid to the operator of the hotel, the Tax Each operator shall, on or before the last day of the Administrator may require that such tax is paid directly to month following the close of each calendar quarter,or at the the Tax Administrator. (Ord. 18-2174, § 1 (part), 2018; close of any shorter reporting period which may be Ord. 2089, § 1, 2011; Ord. 1705, (part), 1995; Ord. 1563, established by the Tax Administrator, make a return to the 1991; Ord. 1520, 1990;Ord. 1485, 1989;Ord. 1400, 1987; Tax Administrator, on forms provided by him, of the total Ord. 1341, 1985; Ord. 1210, 1982; Ord. 1187, 1982; Ord. rents charged and received and the amount of tax collected 310, § 3, 1965) for transient occupancies. At the time the return is filed,the full amount of the tax collected shall be remitted to the Tax 3.12.050 Operator's Duties. Administrator. The Tax Administrator may establish shorter Each operator shall collect the tax imposed by this reporting periods for any certificate holder if he deems it chapter to the same extent and at the same time as the rent necessary in order to insure collection of the tax and he may is collected from every transient. The amount of tax shall require further information in the return. Returns and be separately stated from the amount of the rent charged, payments are due immediately upon cessation of business for and each transient shall receive a receipt for payment from any reason. All taxes collected by operators pursuant to this the operator. No operator of a hotel shall advertise or state chapter shall be held in trust for the account of the City until in any manner,whether directly or indirectly,that the tax or payment thereof is made to the Tax Administrator. Where any part thereof will be assumed or absorbed by the a transient pays rent in connection with lodging booked via operator, or that it will not be added to the rent, or that, if an hosting platform, the operator of the property may be added, any part will be refunded except in the manner relieved of the duty to collect taxes only if the hosting hereinafter provided. For short-term rentals conducted platform is in compliance with Section 5.08.060A. (Ord. throughhosting platforms,the hosting platforms shall collect 20-2200, § 3, 2020; Ord. 18-2174, § 1 (part), 2018; Ord. and remit taxes in compliance with Section 5.08.060A. 310, § 7, 1965) (Ord. 20-2200, § 2, 2020; Ord. 18-2174, § 1 (part), 2018; Ord. 310, § 5, 1965) 3.12.080 Penalties and Interest. A. Original Delinquency. Any operator who fails to 3.12.060 Registration. remit any tax imposed by this chapter within the time Within thirty days after the effective date of the required shall pay a penalty of ten percent of the amount of ordinance codified herein, or within thirty days after the tax in addition to the amount of the tax. commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register the 2020 S-78 11 Transient Occupancy Tax 3.12.080 B. Continued Delinquency. Any operator who fails specified therein should not be fixed for such tax, interest to remit any delinquent remittance on or before a period of and penalties. At such hearing,the operator may appear and thirty days following the date on which the remittance first offer evidence why such specified tax,interest and penalties became delinquent shall pay a second delinquency penalty of should not be so fixed. After such hearing the Tax ten percent of the amount of the tax in addition to the Administrator shall determine the proper tax to be remitted amount of the tax and the ten percent penalty first imposed. and shall thereafter give written notice to the person in the C. Fraud. If the Tax Administrator determines that manner prescribed herein of such determination and the the nonpayment of any remittance due under this chapter is amount of such tax, interest and penalties. The amount due to fraud, a penalty of twenty-five percent of the amount determined to be due shall be payable after fifteen days of the tax shall be added thereto in addition to the penalties unless an appeal is taken as provided in Section 3.12.100. stated in subparagraphs A. and B. of this section. (Ord. 18-2174, § 1 (part), 2018; Ord. 310, § 9, 1965) D. Interest. In addition to the penalties imposed,any operator who fails to remit any tax imposed by this chapter 3.12.100 Appeal. shall pay interest at the rate of one-half of one percent per Any operator aggrieved by any decision of the Tax month or fraction thereof on the amount of the tax,exclusive Administrator with respect to the amount of such tax, of penalties, from the date on which the remittance first interest and penalties, if any, may appeal to the Council by became delinquent until paid. filing a notice of appeal with the City Clerk within fifteen E. Penalties Merged With Tax. Every penalty days of the serving or mailing of the determination of tax imposed and such interest as accrues under the provisions of due. The Council shall fix a time and place for hearing such this section shall become a part of the tax herein required to appeal,and the City clerk shall give notice in writing to such be paid. (Ord. 18-2174, § 1 (part), 2018; Ord. 310, § 8, operator at his last known place of address. The findings of 1965) the Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for 3.12.090 Failure to Collect and Report Tax-- service of notice of hearing. Any amount found to be due Determination of Tax by Tax Administrator. shall be immediately due and payable upon the service of If any operator fails or refuses to collect said tax and notice. (Ord. 18-2174, § 1 (part), 2018; Ord. 310, § 10, to make,within the time provided in this chapter,any report 1965) and remittance of said tax or any portion thereof required by this chapter, the Tax Administrator shall proceed in such 3.12.110 Records. manner as he may deem best to obtain facts and information It shall be the duty of every operator liable for the on which to base his estimate of the tax due. As soon as the collection and payment to the City of any tax imposed by Tax Administrator procures such facts and information as he this chapter to keep and preserve, for a period of three is able to obtain upon which to base the assessment of any years, all records as may be necessary to determine the tax imposed by this chapter and payable by any operator amount of such tax as he may have been liable for the who has failed or refused to collect the same and to make collection of and payment to the City,which records the Tax such report and remittance, he shall proceed to determine Administrator shall have the right to inspect at all reasonable and assess against such operator the tax, interest and times. (Ord. 18-2174, § 1 (part), 2018; Ord. 310, § 11, penalties provided for by this chapter. In case such 1965) determination is made, the Tax Administrator shall give a notice of the amount so assessed by serving it personally or 3.12.120 Refunds. by depositing it in the United States mail, postage prepaid, A. Whenever the amount of any tax, interest or addressed to the operator so assessed at his last known place penalty has been overpaid or paid more than once or has of address. Such operator may within ten days after the been erroneously or illegally collected or received by the serving or mailing of such notice make application in writing City under this chapter it may be refunded as provided in to the Tax Administrator for a hearing on the amount subparagraphs B. and C. of this section provided a claim in assessed. If application by the operator for a hearing is not writing therefor,stating under penalty of perjury the specific made within the time prescribed, the tax, interest and grounds upon which the claim is founded, is filed with the penalties, if any,determined by the Tax Administrator shall Tax Administrator within three years of the date of payment. become final and conclusive and immediately due and The claim shall be on forms furnished by the Tax payable. If such application is made,the Tax Administrator Administrator. shall give not less than five days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount 2020 5-78 3.12.120 Cupertino-Revenue and Finance 12 B. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient;provided,however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subparagraph A. of this section,but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient having paid the tax to the operator, establishes to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. D. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. (Ord. 18-2174, § 1 (part), 2018; Ord. 310, § 12, 1965) 3.12.130 Actions to Collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by ` the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. (Ord. 18-2174, § 1 (part),2018; Ord. 310, § 13, 1965) 3.12.140 Violation—Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 18-2174, § 1(part),2018;Ord. 1179, §2(part), 1982; Ord. 310, § 14, 1965) 2020 S-78 TITLE 5: BUSINESS LICENSES AND REGULATIONS Chapter 5.04. Business Licenses Generally 5.08 Short-Term Rental Activity 5.16 Garage and Patio Sales 5.20 Solicitors 5.28 Taxicabs 5.32 Bingo 5.40 Secondhand Dealers and Pawnbrokers 5.48 Mobile Vendor Permits 5.50 Regulating the Sale of Tobacco Products 1 2020 S-78 Cupertino m Business Licenses and Regulations 2 5.08.010 i CHAPTER 5.08: SHORT-TERM RENTAL ACTIVITY Section 5.08.010 Purpose. 1. Responding within sixty minutes to complaints 5.08.020 Definitions. regarding the condition or operation of the short-term rental, 5.08.030 Short-term rental activity. or the conduct of guests, and 5.08.040 Short-term rental registration-Process 2. Taking appropriate remedial action to resolve and term. such complaints. 5.08.050 Revocation. E. "Short-term Rental"means any legally permitted 5.08.060 Regulations for hosting platforms. dwelling unit,or portion thereof,made available for rent on 5.08.070 Enforcement. a transient occupancy basis. 5.08.080 Administrative regulations and standards. F. "Transient" is defined in Section 3.12.020. G. "Un-hosted stay" means that the host is not occupying the primary residence when the primary residence 5.08.010 Purpose. is being used as a short-term rental. (Ord. 20-2200, § 4 The purpose of this Chapter is to regulate Short-term (part), 2020) Rental activity,which the City Council finds could have the potential of creating negative impacts to residents and 5.08.030 Short-term Rental Activity. impacting the availability of long term housing units due to A. Short-term rental activity is allowed to be the lucrative nature of the business. This chapter provides a conducted as a home occupation within a primary residence process by which a residential unit may be registered with subject to further restrictions in this Chapter. Short-term the City of Cupertino for use as a Short-term Rental unit, as rental activity is not permitted if the dwelling unit is not an incidental Home Occupation. (Ord. 20-2200, §4(part), used as a primary residence. 2020) B. No dwelling unit or portion thereof shall be advertised or used as a short-term rental unless the host has 5.08.020 Definitions. registered the Short-term Rental in the registry created by Throughout this chapter the following words and the City as provided in this Chapter and obtained a City phrases shall have the meanings ascribed in this section. All business license. other definitions are as defined in Section 19.08.030. C. In addition to the applicable standards in Section A. "Host" means a natural person or people who 19.120.030, all short-term rentals shall conform to the offer(s) short-term rentals in their primary residence. following minimum standards: B. "Hosting platform" means a person, legal entity or an association of individuals that provide a means,which [Table on following page] may or may not be internet-based, through which a short-term rental is offered to the public, in exchange for a fee or other compensation. A hosting platform generally has the following attributes: allows a host to advertise a short-term rental,and provides a means to arrange and enter into agreements to occupy short-term rentals, whether j payment of rent is made directly to the host or through the hosting platform. C. "Hosted stay" means that the host is occupying the primary residence during the entire term of a short-term rental. D. "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: I 2020 S-78 10A 5.08.030 Cupertino -Business Licenses and Regulations 10B 1. Type of Unit Short-term rentals are allowed within any legally permitted dwelling unit or portion thereof, except for any Accessory Dwelling Unit. 2. Location Short-term rental activity must occur in legally-permitted habitable spaces. 3. Number of Short- a. A parcel shall have no more than one short-term rental registration. term Rentals b. A parcel shall have no more than one short-term rental agreement or hosting platform booking per night. 4. Duration a. Hosted stays may occur throughout the calendar year without a limitation on the cumulative number of short-term rentals. b. Un-hosted stays shall be limited to sixty nights per calendar year. 5. Maximum number a. Studio unit/or single room rental-Maximum of two guests. of overnight guests b. One-bedroom or more-Total of two times the number of bedrooms in the dwelling unit or portion thereof rented per the rental agreement. 6. Guest Manual a. The host shall prepare a manual of City rules on topics such as noise, quiet hours, trash collection, and vehicle parking. b. The manual shall also include all short-term rental activity regulations, including maximum occupancy of the short-term rental and local contact information. c. The host shall provide the manual to all guests in conjunction with their booking confirmation. d. The guest manual must be prominently located within the short-term rental. 7. Parking a. The primary residence must have the minimum parking spaces required for the zoning district in which it is located pursuant to Chapter 19.124. b. The host shall designate an on-site parking space for short-term rental occupants and shall make the space available during the term of the short-term rental. c. The host shall maintain a record of vehicle license plate information for vehicles associated with all transient guests. 8. Advertising Any advertisement for a short-term rental,including on a hosting platform, shall include the City short-term rental registration number. No advertisement shall offer short-term rental activity that is not in compliance with this Chapter. 9. Signage Signage shall comply with Chapter 19.120. 10. Activities Prohibited Short-term rentals shall not be used for commercial purposes and/or events that are likely to result in violations of traffic,parking,noise,or other standards regulating the residential use and character of the neighborhood.Such events include most weddings,corporate events,and parties. 11. Quiet Hours All short-term rental activity must comply with quiet hours between 9 p.m. and 7 a.m. 12. Records of a. The host shall retain records documenting the compliance with this section for a period compliance of three years after any short-term rental, including, but not limited to, records indicating the history of all short-term rental reservations on the subject property from the hosting platform or otherwise, records indicating the payment of any and all transient occupancy taxes (including via a hosting platform on behalf of a host), type of stay per reservation(hosted or unhosted),length of stay per reservation, and number of persons per reservation. b. Upon reasonable notice, the host shall provide any such documentation to the City. (Ord. 20-2200, § 4(part), 2020) 2020 S-78 lOC Short-Term Rental Activity 5.08.040 5.08.040 Short-term Rental Registration-Process B. Fee: The host shall pay a registration fee and Term. prescribed by City Council resolution,no part of which shall A. The short-term rental registration shall be be returnable to the registrant. submitted on a form provided by the City, accompanied by C. Registration Number. Upon submission of the all information requested, including the following (as registration application and fee, the City shall provide the applicable), and the registration fee: applicant with a unique City short-term rental registration 1. Name, contact information, and identification of number. The registration number shall be designated as host. All adults for whom the property is a permanent "pending" until the registration is complete. residence shall be listed as host. All hosts must provide D. Term of Registration:Registration of a short-term official government identification that confirms their full rental shall be on a calendar-year basis and must be renewed legal name as it appears on the application. annually. Registration of a short-term rental is 2. Property location. non-transferable and expires automatically upon sale, 3. Site plan and/or floor plan indicating the location re-lease or transfer of property on which the short-term of proposed Short-term Rental. Host may designate more rental is located. than one Short-term Rental within a primary residence,but E. Registration: The short-term rental shall be may enter into only one rental agreement per night. registered only if: 4. Proof of Primary Residence: Registrant shall 1. The short-term rental registration is complete provide documentation that the property where the with all required information and the proposed short-term short-term rental activity is to be conducted is the host's rental complies with all requirements; primary residence. 2. The short-term rental and the property on which 5. Owner Approval: If the property is to be rented it is located currently comply with all provisions of the by a long-term renter or someone other than the owner, Cupertino Municipal Code; Registrant shall provide a letter of approval from the owner. 3. The short-term rental and the property on which 6. HOA Approval: Any property with a it is located have not had two or more violations of the Homeowner's Association(HOA) shall provide a letter of Cupertino Municipal Code within the last twelve months approval from said HOA Board from registration submittal and have not been denied 7. Local Contact: Registrant shall provide the registration or had registration revoked within the preceding contact information for the designated local contact. twelve months; 8. Consent to Inspections: Consent to inspection(s) 4. The host has not had two or more violations of by City staff for the purpose of verifying compliance with the Cupertino Municipal Code within the last twelve months this Chapter during regular business hours (7:30 a.m. to from registration submittal related to any short-term rental, 5:30 p.m.)or if in response to a complaint,regardless of the has not been denied registration for any other short-term time. rental within the preceding twelve months, and has not had 9. Identify the guest parking space(s)on a site plan. a short-term rental registration revoked at any time; and 10. Acknowledgment of compliance with City 5. Operation of the short-term rental is not a public requirements. nuisance or threat to the public health, safety, or welfare. 11. An agreement to hold harmless, indemnify and 6. As used in this subsection (E), the term defend the City against claims and litigations arising from or violation shall mean any violation of the Cupertino { related to the issuance of the short-term rental registration. Municipal Code, as evidenced by a City-issued citation, Such claims expressly include those arising from any unresolved notice of violation, unresolved cease-and-desist damage, loss, injury or death that may occur during any order, or other appropriate documentation. Each unique 1 short-term rental activity. violation of the Cupertino Municipal Code shall constitute 12. An agreement to provide records of compliance one violation. to the City upon request. F. Registration Number Confirmation, Upon 13.. For renewals or continuation of existing registration, the City shall confirm the short-term rental short-term rental activities, in addition to the above: Proof registration number and remove the "pending" designation. of remittance of Transient Occupancy Tax and any such (Ord. 20-2200, §4(part), 2020) information requested to allow verification of the amount of tax paid. 14. If the host has engaged in short-term rental activities at other properties within the City, a list of property locations and proof of compliance with City requirements, including payment of Transient Occupancy Tax, at those properties. 2020 S-78 5.08.050 Cupertino- Business Licenses and Regulations 10D 5.08.050 Revocation. 2. The matter shall be scheduled for hearing before A. Revocation of registration. A short-term rental an independent hearing officer selected by the City Manager registration may be revoked for the following reasons: or his or her designee no more than thirty calendar days 1. That the registration was obtained by from the receipt of the appeal. 1 misrepresentation, false statement or fraud; 3. The appellant shall be served with notice of the 2. That the short-term rental activity is being time and place of hearing, as well as any relevant materials, conducted in violation of local or state law; at least seven calendar days prior to the hearing. 3. That two violations of the Cupertino Municipal 4. The hearing may be continued from time to time Code have occurred on the property on which the short-term upon mutual consent. At the time of the hearing, the ` rental is located within the preceding twelve months; appealing party and the City Manager or his or her designee 4. That the short-term rental activity has caused or may present such relevant evidence as he or she may have is causing a serious threat to human health or public safety; relating to the determination from which the appeal is taken. or 5. Based upon the submission of such evidence and 5. That consent to an inspection is not provided. the review of the city's files, the hearing officer shall issue 6. As used in this subsection (A), the term a written notice and order upholding,modifying or reversing "violation" shall mean any violation of the Cupertino the determination from which the appeal is taken.The notice Municipal Code, as evidenced by a City-issued citation, shall be given within a reasonable time after the conclusion unresolved notice of violation, unresolved cease-and-desist of the hearing and shall state the reasons for the decision. order, or other appropriate documentation. Each unique The notice shall be mailed to appellant, and if different from violation of the Cupertino Municipal Code shall constitute the appellant, the host, the property owner, and the local one violation. contact.The notice shall specify that the decision is final and B. Process: In any case where substantial evidence subject only to judicial review in accordance with law. indicates that the conditions in Section 5.08.050(A) exist, (Ord. 20-2200, §4(part), 2020) revocation proceedings shall occur as follows: 1. The City Manager or his or her designee may 5.08.060 Regulations for Hosting Platforms. issue either a notice of pending revocation or a notice of A. Hosting platforms shall be responsible for suspension pending revocation, the latter of which shall collecting all applicable transient occupancy taxes and require immediate suspension of all short-term rental activity remitting the same to the City, unless the City and hosting pending a final determination regarding revocation. Any platform have entered a valid voluntary collection agreement notice of suspension shall explain why the short-term rental or other agreement for the collection and remittance of activity presents an immediate, serious threat to human transient occupancy taxes for short-term rentals.The hosting health or public safety. The notice shall detail the grounds platform shall be considered an agent of the host for for potential revocation of the permit and allow thirty purposes of transient occupancy tax collections and calendar days for submission of a written statement and/or remittance responsibilities pursuant to Chapter 3.12 of the supporting documentation disputing such grounds. Municipal Code. 2. The City Manager's or his or her designee's B. Hosting platforms shall retain records determination shall be made not more than thirty calendar documenting the compliance with this section for a period of days after the deadline for submittal of documentation three years after any short-term rental, including, but not provided on the Notice. The determination shall be mailed limited to, records indicating the history of all short-term to the host, the property owner(if applicable)and the local rental reservations on the subject property from the hosting contact. platform, records indicating the payment of any and all 3. All notices and determinations shall be mailed to transient occupancy taxes (including via a hosting platform the host, the property owner (if applicable), and the local on behalf of a host), type of stay per reservation(hosted or contact. unhosted), length of stay per reservation, and number of 4. The Director of Community Development is persons per reservation. A hosting platform that does not authorized to issue administrative guidelines to further categorize their listings as hosted or unhosted stays, must define procedures for making revocation determinations. retain records that provide good faith approximation of C. Appeals:If the registration is revoked,the holder hosted or unhosted stays. shall have the right to appeal the decision as follows: 1. The appellant must file a notice of appeal with the City Clerk within fourteen calendar days of the date of the revocation decision. 2020 S-78 10E Short-Term Rental Activity 5.08.060 C. Hosting platforms shall be required to prompt 5.08.080 Administrative Regulations and Standards. hosts to include the City-issued registration number in their A. The city manager or designee is hereby listing(s), in a format designated by the City. Upon notice authorized to promulgate administrative rules, regulations from the City that a listing is non-compliant, hosting and interpretations to implement this chapter. Said rules and platforms shall cease any short-term rental booking regulations may include,but are not limited to, revisions to transactions for said listing(s)within five business days. A the registration process, requirements of operations, etc. hosting platform shall not complete any booking transaction B. Record of local contact information: The City for any residential property or unit subject to a City notice, shall maintain a list of registered short-term rentals with until notified by the City that the residential property or unit "Local Contact" contact information. (Ord. 20-2200, § 4 is in compliance with the local registration requirement. (part), 2020) j D. Safe Harbor. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (A), (B), and(C), shall be presumed to be in compliance with this Chapter, except that the hosting platform remains responsible for compliance with Section 5.08.070(D). E. The provisions of this Section shall be interpreted j in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s). (Ord. 20-2200, § 4(part), 2020) 5.08.070 Enforcement. A. Any host violating any provision of this Chapter, or hosting platform that violates its obligations under Section 5.08.060, shall be guilty of a misdemeanor. B. Any person convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative case brought by the City, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs and pay all back transient occupancy taxes. C. Any host who violates any provision of this I Chapter, or hosting platform that violates its obligations i under Section 5.08.060, shall be subject to administrative fines,citations and administrative penalties pursuant to Title D. In accordance with Government Code sections 37104 to 37109, as may be amended,the City Council may issue and serve administrative subpoenas as necessary to obtain specific information regarding short-term rental listings located in the City, including,but not limited to,the names of the persons responsible for each such listing, the address of each such listing,the length of stay for each such listing and the price paid for each stay,to determine whether listings comply with this Chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty days from the date of service. E. The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies,penalties or procedures established by law. (Ord. 20-2200, §4(part), 2020) 2020 S-78 Cupertino-Business Licenses and Regulations 1OF 19.08.010 CHAPTER 19.08: DEFINITIONS Section 19.08.010 Purpose and applicability. F. The words "activities" and "facilities" include 19.08.020 General rules for construction of any part thereof. language. G. Unless the context clearly indicates to the 19.08.030 Definitions. contrary, the following conjunctions shall be interpreted as Appendix A: Cupertino Standard Detail 7-2 follows: Corner Triangle-Controlled 1. "And" indicates that all connected items or Intersections. provisions shall apply; Appendix B: Cupertino Standard Detail 7-4 2. "Or" indicates that the connected items or Comer Triangle-Uncontrolled provisions may apply singly or in any combination; Intersections. 3. "Either. . . or"indicates that the connected items Appendix C: Cupertino Standard Detail 7-6 or provisions shall apply singly but not in combination. Sidewalk Site Triangle(Sidewalk H. The words "lot" and "parcel" are Clearance at Driveways). interchangeable. Appendix D: Examples of How to Measure Sign I. The word "building" includes the word Area. "structure." J. All public officials,bodies,and agencies to which reference is made are those of the City unless otherwise 19.08.010 Purpose and Applicability. indicated. The purpose of this chapter is to promote consistency K. "City" means the City of Cupertino. (Ord. and precision in the interpretation of zoning regulations. 14-2125, §3(part),2014;Ord. 2085, §2(part),2011;Ord. The meaning and construction of words and phrases defined 1601, Exh. A(part), 1992) in this chapter shall apply throughout the zoning regulations, except where the context of such word or phrases clearly 19.08.030 Definitions. indicates a different meaning or construction. (Ord. Throughout this title the following words and phrases 14-2125, §3(part),2014;Ord.2085, §2(part),2011;Ord. shall have the meanings ascribed in this section. 1601, Exh. A(part), 1992) A. "A" Definitions: "Abandon" means to cease or discontinue a use or 19.08.020 General Rules for Construction of activity without intent to resume, but excluding temporary Language. or short-term interruptions to a use or activity during periods The following general rules of construction shall apply of remodeling, maintaining, or otherwise improving or i to the text of the zoning regulations: rearranging a facility, or during normal periods of vacation A. The particular shall control the general. or seasonal closure. i B. In case of any difference of meaning or "Abutting" means having property or district lines in implication between the text of any provision and any common. caption or illustration, the text shall control. "Accessory building" means a building which is C. The word "shall" is always mandatory and not incidental to and customarily associated with a specific discretionary. The word"may" is discretionary. principal use or facility and which meets the applicable D. References in the masculine and feminine genders conditions set forth in Chapter 19.100, Accessory are interchangeable. Buildings/Structures. E. Words used in the singular include the plural,and the plural includes the singular, unless the context clearly indicates the contrary. 5 2020 S-78 19.08.030 Cupertino- Zoning 6 "Accessory structure" means a subordinate structure, 1. "Antenna"means a horizontal or vertical element the use of which is purely incidental to that of the main or array, panel or dish that may be attached to a mast or a building and which shall not contain living or sleeping tower for the purpose of transmitting or receiving radio or quarters. Examples include a deck, tennis courts, trellis or microwave frequency signals. car shelter. Fences eight feet or less are excluded. 2. "Mast" means a vertical element consisting of a k "Addition"means any construction which increases the tube or rod which supports an antenna. size of a building or facility in terms of site coverage, 3. "Tower" means a vertical framework of cross height, length, width, or gross floor area ratio. elements which supports either an antenna, mast or both. "Adjacent property" means property that abuts the 4. "Guy wires"means wires necessary to insure the subject property, including property whose only contiguity safety and stability of an antenna, mast or both. to the subject site is a single point and property directly "Affordable housing cost' means the amount set forth opposite the subject property and located across a street. in the Health and Safety Code Section 50052.5, as may be "Adult bookstore"means a building or portion thereof amended. used by an establishment having as a substantial or "Affordable rent' means the amount set forth in the significant portion of its stock in trade for sale to the public Health and Safety Code Section 50053, as may be amended. or certain members thereof, books, magazines, and other "Affordable units" means housing units available at publications which are distinguished or characterized by affordable rent or affordable housing cost to lower or their emphasis on matter depicting,describing or relating to moderate income households. "specified sexual activities"or"specified anatomical areas," "Agriculture" means the tilling of the soil, the raising as hereinafter defined. of crops, horticulture, agriculture, livestock farming, "Adult cabaret" means a building or portion thereof dairying, or animal husbandry, including slaughterhouses, used for dancing purposes thereof or area used for fertilizer yards, bone yard, or plants for the reduction of presentation or exhibition or featuring of topless or animal matter or any other similar use. bottomless dancers,strippers,male or female impersonators "Alley" means a public or private vehicular way less or similar entertainers, for observations by patrons or than thirty feet in width affording a secondary means of vehicular access to abutting property. r customers. 'L "Adult motion picture theater" means a building or "Alteration", for purposes of the Sign Ordinance, portion thereof or area, open or enclosed, used for the means any permanent change to a sign. presentation of motion pictures distinguished or "Alteration" means any construction or physical characterized by an emphasis on matter depicting,describing change in the arrangement of rooms or the supporting or relating to "specified sexual activities" or "specified members of a building or structure, or change in the relative anatomical areas,"as hereinafter defined,for observation by position of buildings or structures on a site, or substantial patrons or customers. change in appearances of any building or structure. "Advertising statuary" means a structure or device of 1. "Incidental alteration" means any alteration to any kind or character for outdoor advertising purposes interior partitions or interior supporting members of a which displays or promotes a particular product or service, structure which does not increase the structural strength of but without name identification. the structure;any alteration to electrical,plumbing,heating, "Aerial" means a stationary transmitting and/or air conditioning, ventilating, or other utility services, receiving wireless communication device consisting of one fixtures, or appliances; any addition, closing, or change in or any combination of the elements listed below: size of doors or windows in the exterior walls; or any replacement of a building facade which does not increase the structural strength of the structure. 2. "Structural alteration" means any alteration not deemed an incidental alteration. i 'w 2020 S-78 6A Definitions 19.08.030 "Amusement park"means a commercial facility which from shelves. The sale of alcoholic beverages on the site is supplies various forms of indoor and outdoor entertainment governed by Chapter 19.132, Concurrent Sale of Alcoholic and refreshments. Beverages and Gasoline. Animal: "Automotive repair and maintenance (minor)" means 1. Animal,Adult. "Adult animal"means any animal the supplying of routine automotive services such as four months of age or older. lubrication, engine tune-ups, smog certificates, servicing of 2. Animal, Large. "Large animal" means any tires, brakes, batteries and similar accessories, and minor equine,bovine, sheep,goat or swine or similar domestic or repairs involving engine accessories. Any repair which wild animal, as determined by the Planning Commission. requires the engine, drive train, transmission assembly, 3. Animal, Small. "Small animal" means animals exhaust system, or drive train parts to be removed from a which are commonly found in single-family residential areas motor vehicle or requires the removal of internal parts shall such as chickens, ducks, geese, rabbits, dogs, cats, etc. not be considered minor.Body and paint shop operations are "Animal care" means a use providing grooming, not minor repairs or maintenance. housing, medical care, or other services to animals, "Average slope" means the ratio between vertical and including veterinary services,animal hospitals,overnight or horizontal distance expressed in percent; the mathematical short-term boarding ancillary to veterinary care, indoor or expression is based upon the formula described below: outdoor kennels, and similar services. "Apartment" means a room or a suite of two or more I x L x 100 rooms which is designed for, intended for, and occupied by S— A one family doing its cooking there. "Apartment house" means a building designed and used to house three or more families, living independently S = Average slope of ground in percent; of each other. L = Combined length in feet of all contours on parcel; "Apartment project" means a rental housing I = Contour interval in feet; development consisting of two or more dwelling units. A = Area of parcel in square feet. "Approval Body" means the Director of Community B. "B" Definitions: Development and his/her designee, the Planning "Banks" means financial institutions including Commission or City Council depending upon context. federally-chartered banks, savings and loan associations, "Architectural feature" means any part or industrial loan companies,and credit unions providing retail appurtenance of a building or structure which is not a banking services to individuals and businesses. This portion of the living area of the building or structure. classification does not include payday lending businesses or Examples include: cornices, canopies, eaves, awnings, check cashing businesses. The term "payday lending fireplaces, or projecting window elements. Patio covers or business" as used herein means retail businesses owned or any projection of the floor area shall not constitute an operated by a"licensee" as that term is defined in California architectural projection. Financial Code Section 23001(d), as amended from time to "Architectural projection," for purposes of the Sign time. The term "check cashing business" as used herein Ordinance, means any permanent extension from the means a retail business owned or operated by a "check structure of a building, including the likes of canopies, casher" as that term is defined in California Civil Code awnings and fascia. Section 1789.31 as amended from time to time. "Atrium" means a courtyard completely enclosed by "Basement" means any floor below the first story in a walls and/or fences. building that is fully submerged below grade except for "Attic"means an area between the ceiling and roof of lightwells required for light, ventilation and emergency i a structure, which is unconditioned (not heated or cooled) egress. A basement may have a maximum exterior wall and uninhabitable. height of two feet between natural grade and ceiling. "Automotive service station" means a use providing "Block" means any lot or group of contiguous lots gasoline,oil,tires, small parts and accessories,and services bounded on all sides by streets, railroad rights-of-way, or incidental thereto, for automobiles,light trucks, and similar waterways, and not traversed by any street, railroad motor vehicles.Automotive maintenance and repair(minor) right-of-way or waterway. 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 2020 S-78 19.08.030 Cupertino - Zoning 6B "Boarding house" means any building used for the "Car shelter" means a roofed structure or a part of a renting of rooms or providing of table board for from three building not enclosed by walls, intended and designed to to five persons,inclusive,over,the age of sixteen years,who accommodate one or more vehicles. are not members of the same family. "Caretaker" means a person or persons employed for "Building" means any structure used or intended for the purpose of protecting the principal use of the property or supporting or sheltering any use or occupancy when any structure. portion of a building is completely separated from every "Centerline"means the centerline as established by the other portion by a "Fire Barrier" as defined by the County Surveyor of Santa Clara County,the City Engineer, California Building Code,then each portion shall be deemed or by the State Division of Highways of the State of to be a separate building. California. 1. "Attached building" means buildings which are "Changeable copy sign" means any sign, or portion, structurally connected by any structural members or wall, which provides for each manual changes to the visible excluding decks, patios or fences. message without changing structural surfaces, including the "Building coverage" means that portion of the net lot likes of theater marquees and gasoline service station price area encompassed within the outermost wall line which signs,but excluding electronic reader board signs and signs defines a building enclosure. which display the current time or temperature. "Building frontage"means the length or the surface of "Change of face"means any changes to the letter style, the building wall which faces, and is visible to the general size, color, background, or message. public from, a private or public right-of-way or driveway. "Change of use" means the replacement of an existing "Business" or "commerce" means the purchase, sale use by a new use, or a change in the nature of an existing or other transaction involving the handling or disposition of use, but not including a change in ownership, tenancy or any article, substance or commodity for profit or livelihood, management where the previous nature of the use, line of including,in addition,office buildings,offices,shops for the business, or other function is substantially unchanged. sale of personal services,garages,outdoor advertising signs "Child"means a person who is under eighteen years of and structures, hotels and motels, and recreational and age. "Child day care facility" means a facility, licensed by amusement enterprises conducted for profit. "Business or trade school" means a use, except a the State or County, which provides non-medical care to `. college or university, providing education or training in children in need of personal services, supervision, or business,commerce,language,or similar activity or pursuit, assistance essential for sustaining the activities of daily and not otherwise defined as a home occupation. living or for the protection of the individual on less than a C. "C" Definitions: twenty-four-hour basis. Child day care facility includes day "Canopy" means any roof-like structure, either care centers, employer sponsored child-care centers and attached to another structure or freestanding, or any family day care homes. extension of a roof line, constructed for the purpose of "Church" means a use providing facilities for protection from the elements or aesthetic purposes in organized religious worship and religious education connection with outdoor living. incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(f) of Article XHI of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section. "College" or "university" means an educational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree or defined by Section 94110 of the Education Code of the State of California, or successor legislation. 2020 S-78 7 Definitions 19.08.030 1 "Collocation"means the placement of aerials and other "Congregate residence"means any building or portion facilities belonging to two or more communication service which contains facilities for living, sleeping and sanitation, providers on a single mast or building. as required by the California Building Code and may include "Commercial recreation" means a use providing facilities for eating and cooking for occupancies other than recreation,amusement,or entertainment services,including a family. A congregate residence may be a shelter, convent theaters,bowling lanes,billiard parlors,skating arenas, and or monastery but does not include jails, hospitals, nursing similar services, operated on a private or for-profit basis, homes,hotels or lodging houses. but excluding uses defined as outdoor recreation services. "Convalescent facility" means a use other than a "Community center"means a place,structure,area,or residential care home providing inpatient services for other facility used for and providing religious, fraternal, persons requiring medical attention, but not providing social and/or recreational programs generally open to the surgical or emergency medical services. public and designated to accommodate and serve a "Convenience market" means a use or activity that { significant segment of the community. includes the retail sale of food, beverages, and small "Commercial district," for purposes of the Sign personal convenience items, including sale of food in Ordinance,means an area of land designated for commercial disposable containers primarily for off-premises use in the current Cupertino General Plan. consumption, and typically found in establishments with "Common interest development'means the following, long or late hours of operation and in relatively small all definitions of which are based upon Civil Code Section buildings, but excluding delicatessens and other specialty 4100 or subsequent amendments: food shops and establishments which have a sizable 1. A condominium project, assortment of fresh fruits, vegetables, and fresh-cut meats. 2. A community apartment project, "Comer triangle" means a triangular-shaped area 3. A stock cooperative, or bounded by the following, unless deemed otherwise by the 4. A planned development. City Engineer: "Community organization" means a nonprofit 1. The intersection of the tangential extension of organization based in the City and whose activities benefit front and street side property lines as formed by the intersection of two public rights-of-way abutting the said the City, its residents, employees, or businesses. "Concession" means a benefit offered by the City to property lines; and facilitate construction of eligible projects as defined by the 2. The third boundary of the triangular-shaped area provisions of Chapter 19.56, Density Bonus. Benefits may shall be a line connecting the front and side property lines at include, but are not limited to, priority processing, fee a distance of forty feet from the intersection of the tangential deferments and waivers, granting of variances, and extension of front and side property lines. relaxation of otherwise applicable permit conditions or other "Comer triangle,"for purposes of the Sign Ordinance, concessions required by law. means a triangular-shaped area of land adjacent to an "Condominium conversion" or"Conversion"means a intersection of public rights-of-way, as further defined in change in the type of ownership of a parcel(or parcels) of Cupertino Standard Details Drawings Nos. 7-2 and 7-4. land, together with the existing attached structures, to that (See Appendix A, Cupertino Standard Detail 7-2; Comer defined as a common interest development,regardless of the Triangle-Controlled Intersections, and B, Cupertino present or prior use of such land and structures and whether Standard Detail 7-4; Comer Triangle-Uncontrolled substantial improvements have been made or are to be made Intersections for details.) to such structure. "Court"means an open,unoccupied space,other than "Condominium project"or"project'includes the real a yard, on the same lot with a building or buildings and property and any structures thereon, or any structures to be which is bounded on two or more sides by such building or j constructed thereon, which are to be divided into buildings,including the open space in a house court or court condominium ownership. apartment providing access. "Condominium units" or"units"means the individual "Covered parking" means a carport or garage that spaces within a condominium project owned as individual provides full overhead protection from the elements with estates, ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not ordinarily roof coverings and cannot be used in providing a covered parking space. 2020 5-78 19.08.030 Cupertino- Zoning 8 D. "D" Definitions: "Development standard" means a site or construction 4 "Day care center" means any child day care facility, regulation, including, but not limited to, a setback licensed by the State or County,other than a family day care requirement, a floor area ratio, and onsite open-space home,and includes infant centers,preschools,and extended requirement,or a parking ratio that applies to a development day care facilities. pursuant to any ordinance, general plan element, specific Day Care Home, Family. "Family day care home" plan, charter, or other local condition, law, policy, means a home, licensed by the State or County, which resolution, or regulation. regularly provides care, protection and supervision for "District" means a portion of the property within the fourteen or fewer children, in the child care provider's City within which certain uses of land, premises and primary residence, for periods of less than twenty-four buildings are permitted and certain other uses of land, hours per day,while the parents or guardians are away, and premises and buildings are prohibited, and within which includes the following: certain yards and other open spaces are required and certain 1. "Large-family day care home," which means a building site areas are established for buildings, all as set home which provides family day care for seven to fourteen forth and specified in this title. children, inclusive, including children under the age of ten "Drinking establishment" means an activity that is years who reside at the home, as set forth in the California primarily devoted to the selling of alcoholic beverages for Health and Safety Code Section 1597.465; consumption on the premises. 2. "Small-family day care home," which means a "Drive-through establishment"means an activity where home which provides family day care to eight or fewer a portion of retailing or the provision of service can be children, including children under the age of ten years who conducted without requiring the customer to leave his or her resides at the home, as set forth in the California Health and car. "Driveway" means any driveway that provides direct Safety Code Section 1597.44. "Decorative statuary," for purposes of the Sign access to a public or private street. Ordinance, means any structure or device of any kind or Driveway, Curved. "Curved driveway" means a character placed solely for aesthetic purposes and not to driveway with access to the front property line which enters promote any product or service. the garage from the side at an angle of sixty degrees or "Demonstrated safety" means a condition requiring greater to the front curbline and which contains a functional protection from the threat of danger, harm, or loss, twenty-foot-deep parking area that does not overhang the including but not limited to the steepness of a roadway or front property line. driveway that may create a hazardous parking situation in "Duplex" means a building, on a lot under one front of a gate. ownership,containing not more than two kitchens,designed "Demonstrated security" means a condition requiring and used as two dwelling units, of comparable size protection from the potential threat of danger,harm or loss, independent of each other. including but not limited to a location that is isolated and "Dwelling unit" means a room or group of rooms invisible from public view or that has experienced including living, sleeping, eating, cooking and sanitation documented burglary, theft, vandalism or trespassing facilities, constituting a separate and independent incidences. housekeeping unit, occupied or intended for occupancy on "Density bonus" means a density increase over the a non-transient basis and having not more than one kitchen. otherwise maximum allowable residential density in "Dwelling unit, accessory" means an attached or a accordance with the provisions of Chapter 19.56 as of the detached residential dwelling unit,which provides complete date of the project application. independent living facilities for one or more persons, on the "Developer" means the owner or subdivider with a same parcel as a principal dwelling unit. It must include controlling proprietary interest in the proposed common permanent provisions for living, sleeping, eating, cooking interest development, or the person or organization making and sanitation. An accessory dwelling unit also includes the application, or a qualified applicant who has entered into a following: development agreement pursuant to the procedures specified 1. An efficiency unit, as defined in Section 17958.1 in Chapter 19.144. of Health and Safety Code. "Development agreement" means a development 2. A manufactured home, as defined in Section agreement enacted by legislation between the City and a 18007 of the Health and Safety Code. qualified applicant pursuant to Government Code Sections "Dwelling unit,principal"means the principal facility 65864 through 65869.5. on a parcel zoned or used for detached single-family residential use. 2020 S-78 9 Definitions 19.08.030 E. "E" Definitions: "Family" means an individual or group of persons "Economically feasible" means when a housing living together who constitute a bona fide single development can be built with a reasonable rate of return, housekeeping unit in a dwelling unit. "Family" shall not be The housing developer's financial ability to build the project construed to include a fraternity, sorority, club, or other shall not be a factor. group of persons occupying a hotel, lodging house, or Emergency Shelter: institution of any kind. "Emergency shelter, rotating" means a facility that "Fence" means a man-made structure which is provides temporary housing with minimal supportive designed, intended or used to protect,defend or obscure the services and meets criteria in Section 19.76.030(2). interior property of the owner from the view, trespass or "Emergency shelter,permanent"means apermanently passage of others upon that property. 1 operated facility that provides temporary housing with "Fence height" means the vertical distance from the { minimal supportive services and meets criteria in Section highest point of the fence(excluding post caps)to the finish 19.76.030(3). grade adjoining the fence. In a case where the finish grade "Employee Housing" means accommodations for is different for each side of the fence, the grade with the employees as defined by Health and Safety Code 17008, as highest elevation shall be utilized in determining the fence may be amended. height. "Enclosed"means a covered space fully surrounded by "Financial institutions" means a company engaged in walls, including windows, doors and similar openings or the business of dealing with monetary transactions, such as architectural features, or an open space of less than one deposits, loans, investments and currency exchange. This hundred square feet fully surrounded by a building or walls classification does not include payday lending businesses or exceeding eight feet in height. check cashing businesses. The term "payday lending "Entry feature" means a structural element, which business" as used herein means retail businesses owned or leads to an entry door. operated by a"licensee"as that term is defined in California "Equestrian center" means a facility for the shelter, Financial Code Section 23001(d), as amended from time to display, exhibition, keeping, exercise or riding of horses, time. The term "check cashing business" as used herein ponies or mules, or vehicles drawn by such animals, with means a retail business owned or operated by a "check related pasture lands, corrals and trails. casher" as that term is defined in California Civil Code "Equipment yard" means a use providing for Section 1789.31 as amended from time to time. maintenance, servicing or storage of motor vehicles, "First floor"means that portion of a structure less than equipment or supplies; or for the dispatching of service or equal to twenty feet in height, through which a vertical vehicles;or distribution of supplies or construction materials line extending from the highest point of exterior construction required in connection with a business activity,public utility to the appropriate adjoining grade,passes through one story. service,transportation service,or similar activity,including "Flag" means any fabric, banner, or bunting but not limited to, a construction material yard, corporation containing distinctive colors, patterns, or symbols, used as yard, vehicular service center or similar use. a symbol of a government, political subdivision, or other F. "F" Definitions: entity. "Facility"means a structure,building or other physical "Floor area" means the total area of all floors of a contrivance or object. building measured to the outside surfaces of exterior walls, 1. "Accessory facility" means a facility which is and including the following: incidental to, and customarily associated with a specified 1. Halls; principal facility and which meets the applicable conditions 2. Base of stairwells; set forth in Chapter 19.100. 3. Base of elevator shafts; 2. "Noncomplying facility" means a facility which 4. Services and mechanical equipment rooms; is in violation of any of the site development regulations or 5. Interior building area above fifteen feet in height other regulations established by this title, but was lawfully between any floor level and the ceiling above; existing on October 10, 1955, or any amendment to this 6. Basements with lightwells that do not conform to title, or the application of any district to the property Section 19.28.070(I); involved by reason of which the adoption or application the 7. Residential garages; facility becomes noncomplying. 8. Roofed arcades, plazas, walkways, porches, 3. "Principal facilities" means a main building or breezeways, porticos, courts, and similar features other facility which is designed and constructed for or substantially enclosed by exterior walls; occupied by a principal use. 9. Sheds and accessory structures. "Floor area" shall not include the following: 2020 S-78 19.08.030 Cupertino - Zoning 10 1. Basements with lightwells that conform to Section "Habitable space" means space in a structure for 19.28.070(I); living, sleeping, eating or cooking. Bathrooms, toilet 2. Lightwells; compartment, closets, halls, storage or utility space and 3. Attic areas; similar areas are not considered habitable space. 4. Parking facilities, other than residential garages, "Heavy equipment" means any mechanical or accessory to a permitted conditional use and located on the motorized device that is not a vehicle or a commercial same site; vehicle as defined in Section 19.08.030(V), including, but 5. Roofed arcades, plazas, walkways, porches, not limited to, a backhoe,cement mixer,crane, ditch witch, breezeways, porticos, courts and similar features not dozer,earth mover,generator,grader,tractor or any similar substantially enclosed by exterior walls. device. "Floor area ratio" means the ratio of gross floor area "Height" means a vertical distance measured parallel on a lot to the lot area. to the natural grade to the highest point of exterior "Foot-lambert" means a unit measurement of the construction, exclusive of chimneys, antennas or other brightness of light transmitted through or reflected from an appurtenances, except that entry features are measured to object or surface. the top of the wall plate. "Freeway"means any public roadway so designated by Height restriction shall be established by establishing the State of California. a line parallel to the natural grade. "Front wall" means the wall of a building or other "Height", for purposes of the Accessory structure nearest the street upon which the building faces, Buildings/Structures, encompasses the entire wall plane but excluding certain architectural features as defined in this nearest the property line, including roof, eaves, and any chapter. portion of the foundation visible above the adjoining finished G. "G" Definitions: grade. "Garage" means an accessory building (completely enclosed) or an attached building used primarily for the storage of motor vehicles. "Gasoline service station"means anyplace of business which offers for sale any motor vehicle fuel to the public. or a "Grade"or"finished grade"means the lowest point of To.Ye adjacent ground elevation of the finished surface of the Fj ground paving, or sidewalk, excluding areas where grade Feature 4 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 Grade property line is more than five feet from the building, between the building and a line five feet from the building. "Gross lot area" means the horizontal area included HEIGHT LIMIT FOR ENTRY FEATURES within the property lines of a site plus the street area bounded by the street centerline up to thirty feet distant from "Home occupation" means a business, profession, the property line, the street right-of-way line and the occupation or trade activity which is performed by the extended side yard to the street centerline. resident(s)of a dwelling unit within that dwelling unit, or a "Guest room" means a room which is intended, yard area,accessory structure or garage associated with that arranged or designed to be occupied by occasional visitors dwelling unit, or a yard area, accessory structure or garage or nonpaying guests of the occupants of the dwelling unit in associated with that dwelling unit, for purposes of which the room is located, and which contains no kitchen generating income, by means of the manufacture, and/or facilities. sale of goods and/or services and/or by short-term rental H. "H" Definitions: activity in compliance with Chapter 5.08,but which activity "Habitable floor" means the horizontal space between is clearly incidental to the principal use of the dwelling for a floor area of at least seventy square feet and the ceiling non-transient residential purposes. height measuring at least seven feet six inches above it, "Hospital" means a facility for providing medical, except for a kitchen which shall have a ceiling height not psychiatric or surgical services for sick or injured persons, less than seven feet above the floor. 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. 2020 5-78 11 Definitions 19.08.030 { "Hotel" means a facility containing rooms or suites, 4. Sink. solely occupied, intended or designed for use by guests on L. "L" Definitions: a transient occupancy basis, including any guest amenities "Landscaping"means an area devoted to or developed such as swimming pools, gyms, restaurants, bars, meeting and maintained with native or exotic planting,lawn, ground rooms, etc. A short-term rental is not a hotel. cover, gardens, trees, shrubs, and other plant materials, "Household pets" means small animals commonly decorative outdoor landscape elements, pools, fountains, found in residential areas such as chickens, ducks, geese, water features, paved or decorated surfaces of rock, stone, rabbits, dogs, and cats, but excluding animals such as any brick, block or similar material (excluding driveways, bovine or equine animal,or any goat, sheep or swine. This parking, loading or storage areas), and sculptural elements. title does not regulate the keeping of small household pets, "Late evening activities" means an activity which such as fish, birds or hamsters, which is incidental to any maintains any hours of operation during the period of eleven permitted use.However,no animal including household pets p.m. to seven a.m, may be kept, maintained and/or raised for commercial "Legal substandard lot"means any parcel of land or lot purposes except where permitted with required permits. recorded and legally created by the County or City prior to "Household type"means whether the occupants of the March 17, 1980, which lot or parcel is of less area than housing units are very low income,lower income,moderate required in the zone; or lots or parcels of record which are income, or senior citizens. reduced to a substandard lot size as a result of required "Housing development" means for the purposes of street dedication unless otherwise provided in the City of Chapter 19.56, Density Bonus, a development project for Cupertino General Plan. The owner of a legally created, five or more residential units. For the purposes of that substandard property which is less than six thousand square chapter, "housing development" also includes a subdivision feet but equal to or greater than five thousand square feet or common interest development, approved by the City that may utilize such parcel for residential purposes. The owner consists of residential units or unimproved residential lots of a legally created parcel of less than five thousand square and either a project to substantially rehabilitate and convert feet may also develop the site as a single-family residential an existing commercial building to residential use or the building site if it can be demonstrated that the property was substantial rehabilitation of an existing multifamily dwelling, not under the same ownership as any contiguous property on as defined in Government Code Section 65863.4(d), where the same street frontage as of or after July 1, 1984. the result of the rehabilitation would be a net increase in "Lightwell" means an excavated area required by the available residential units. Uniform Building Code to provide emergency egress, light I. "I" Definitions: and ventilation for below grade rooms. "Industrial district," for purposes of the Sign "Liquor store" means a use requiring a State of Ordinance, means all ML districts and any other zoning California "off-sale general license" (sale for off-site classifications which are consistent with the industrial consumption of wine, beer and/or hard liquor) and having designation of the Cupertino general plan. fifty percent or more of the total dollar sales accounted for "Institutional district," for purposes of the Sign by beverage covered under the off-sale general license. Ordinance, means all BQ, PR, FP, and BA districts and "Living space" means, for the purposes of Chapter other zoning classifications and uses which are considered 19.112, accessory dwelling units in R-1, RHS, A and A-1 institutional in nature and are consistent with the institutional Zones,the same as set forth in California Government Code or quasi-public designation of the general plan. Section 65852.2(i). J. "J" Definitions: "Loading space" means an area used for loading or "Junkyard" means the use of more than two hundred unloading of goods from a vehicle in connection with the use square feet of the area of any lot for the storage or keeping of the site on which such space is located. of junk, including scrap metals or other scrap material, "Lot'means a parcel or portion of land separated from and/or for the dismantling or wrecking of automobiles or other parcels or portions by description, as on a subdivision other vehicles or machinery. or record of survey map, or by metes and bounds, for K. "K" Definitions: purpose of sale, lease or separate use. "Kitchen" means an area in habitable space used for 1. "Comer lot' means a lot situated at the the preparation of food and including at least three of the intersection of two or more streets, or bounded on two or following: more adjacent sides by street lines. 1. Cooking appliance(s) or provision for a cooking 2. "Flag lot'means a lot having access to a street by appliance such as 220V outlets, gas connections and space means of a private driveway or parcel of land not otherwise for appliances between counters; meeting the requirement of this title for lot width. 2. Counter; 3. Refrigerator; 2020 S-78 19.08.030 Cupertino - Zoning 12 3. "Interior lot"means a lot other than a comer lot. "Lot width" means the horizontal distance between 4. "Key lot' means the first lot to the rear of a side lot lines, measured at the required front setback line. corner lot, the front line of which is a continuation of the "Lower-income household"means a household whose side line of the comer lot, and fronting on the street which gross income does not exceed that established by Health and intersects or intercepts the street on which the comer lot Safety Code Section 50079.5, as may be amended. fronts. M. "M" Definitions: "Lot area" means the area of a lot measured "Major renovation," for purposes of Chapter 19.116, horizontally between boundary lot lines, but excluding a Conversions of Apartment Projects to Common Interest portion of a flag lot providing access to a street and lying Development, means any renovation for which an between a front lot line and the street, and excluding any expenditure of more than one thousand dollars was made. portion of a lot within the lines of any natural watercourse, "Major repair," for purposes of Chapter 19.116, river, stream, creek,waterway, channel or flood control or Conversions of Apartment Projects to Common Interest drainage easement and excluding any portion of a lot Development,means any repair for which an expenditure of acquired,for access and street right-of-way purposes,in fee, more than one thousand dollars was made. easement or otherwise. "Major Transit Stop,"for purposes of Chapter 19.56, "Lot coverage" means the following: Density Bonus, means an existing site, or a site included in 1. "Single-family residential use" means the total the regional transportation plan, that contains a rail transit land area within a site that is covered by buildings,including station, a ferry terminal served by either a bus or rail transit all projections,but excluding ground-level paving,landscape service, or the intersection of two or more major bus routes features, lightwells, and open recreational facilities. Sheds with a frequency of service interval of 15 minutes or less are included in lot coverage. during the morning and afternoon peak commute periods.A 2. "All other uses except single-family residential" housing development is considered to be within one-half means the total land area within a site that is covered by mile of a major transit stop if all parcels within the housing buildings, but excluding all projections, ground-level development have no more than 25 percent of their area paving,landscape features, and open recreational facilities. farther than one-half mile from the stop and if not more than "Lot depth" means the horizontal distance from the 10 percent of the units or 100 units,whichever is less, in the ' midpoint of the front lot line to the midpoint of the rear lot housing development are farther than one-half mile from the line, or to the most distant point on any other lot line where stop as set forth in Government Code Section there is no clear rear lot line. 65915(p)(3)(A), as may be amended. "Lot line" means any boundary of a lot. "Manufacturing" means a use engaged in the 1. "Front lot line" means on an interior lot, the lot manufacture, predominantly from previously prepared line abutting a street, or on a corner lot, the shorter lot line materials,of finished products or parts,including processing abutting a street, or on a flag lot, the interior lot line most fabrication,assembly,treatment,packaging of products,but parallel to and nearest the street from which access is excluding basic industrial processing of extracted or raw obtained. Lot line length does not include arc as identified materials, processes utilizing inflammable or explosive on corner parcels. material (i.e., materials which ignite easily under normal 2. "Interior lot line" means any lot line not abutting manufacturing conditions), and processes which create a street. hazardous or commonly recognized offensive conditions. 3. "Rear lot line"means the lot line not intersecting "Massage" means any method of pressure on or a front lot line which is most distant from and the most friction against or stroking, kneading, rubbing, tapping, closely parallel to the front lot line. A lot bounded by only pounding, vibrating or stimulating the external parts of the three lot lines will not have a rear lot line. human body with the hands or with any mechanical or 4. "Side lot line" means any lot line which is not a electrical apparatus or other appliances or devices with or front or rear lot line. without such supplementary aides as rubbing alcohol, 5. "Street lot line" means any lot line abutting a liniment, antiseptic,oil,powder,cream,lotion,ointment or street. other similar preparations. "Lot of record" means a lot which is part of a "Massage parlor"means a building or portion thereof, subdivision recorded in the office of the County Recorder, or a place where massage is administered for compensation or a lot or parcel described by metes and bounds which has or from which a massage business or service for been recorded. 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. 2020 S-78 13 Definitions 19.08.030 "Maximum allowable residential density,"for purposes 3. "Professional offices"such as those pertaining to of Chapter 19.56, Density Bonus, means the maximum the practice of the professions and arts including, but not density allowed under the zoning ordinance and land use limited to, accounting, architecture, dentistry, design, element of the general plan. For purposes of that Chapter, engineering, including associated testing and prototype if the maximum density allowed under the zoning ordinance development, but excluding product manufacturing and/or is inconsistent with the density allowed under the land use assembly,law and medicine,but not including sale of drugs element of the general plan, the general plan density shall or prescriptions except as incidental to the principal uses and o prevail. where there is external evidence of such incidental use. "Minor change"means an alteration or modification of 4. "Office district," for purposes of the Sign an existing plan, development or project which is Ordinance,means those buildings or groups of buildings for substantially inferior in bulk, degree or importance to the which the permitted uses are professional offices, is within overall dimension and design of the plan, development or an OA or OP zone or which are designated for offices on the project with no change proposed for the use of the land in general plan. question, no change proposed in the character of the "Offset"means the indentation or projection of a wall structure or structures involved, and no variance required. plane. "Mobilehome" means a vehicle, other than a motor "Open" means a space on the ground or on the roof of vehicle, designed or used as semi-permanent housing, a structure, uncovered and unenclosed. designed for human habitation, for carrying persons and "Organizational documents" means the declaration of property on its own structure, and for being drawn by a restrictions, articles of incorporation, bylaws and any motor vehicle, and shall include a trailer coach. contracts for the maintenance, management or operation of "Mobilehome park" means any area or tract of land all or any part of a common interest development. where lots are sold, rented, or held out for rent to one or "Outdoor recreation use"means a privately owned or more owners or users of mobilehomes, excluding operated use providing facilities for outdoor recreation travel-trailers, for the purpose of permanent or activities, including golf,tennis, swimming, riding or other semi-permanent housing. outdoor sport or recreation, operated predominantly in the "Moderate income household" means a household open,except for accessory or incidental enclosed services or whose gross income does not exceed that established by facilities. Section 50093 of the Health and Safety Code, as may be P. "P" Definitions: amended. "Park" means any open space, reservation, "Multiple-family use" means the use of a parcel for playground,swimming pool,golf course,recreation center, three or more dwelling units which may be in the same or any other area in the City owned or used by the City or building or in separate buildings on the same parcel. County and devoted to active or passive recreations. N. "N" Definitions: "Parking area" means an unroofed, paved area, "Natural grade"means the contour of the land prior to delineated by painted or similar markings, intended and improvements or development,unless otherwise established designed to accommodate one or more vehicles, by a City approved grading plan that is part of a subdivision "Parking facility" means an area on a lot or within a map approval. building, or both, including one or more parking spaces, ' "Nightclub" means an establishment providing together with driveways, aisles, turning and maneuvering alcoholic beverage service and late evening (past eleven areas, clearances and similar features, and meeting the P.m.) entertainment, with or without food service. requirements established by this title. Parking facility O. "O" Definitions: includes parking lots, garages and parking structures. 1 "Office" means: 1. "Temporary parking facility"means parking lots 1. "Administrative or executive offices" including which are not required under this title and which are those pertaining to the management of office operations or intended as interim improvements of property subject to the direction of enterprise but not including merchandising removal at a later date. or sales services. "Parking space" means an area on a lot or within a 2. "Medical office" means a use providing building, used or intended for use for parking a motor consultation, diagnosis, therapeutic, preventative or vehicle, having permanent means of access to and from a corrective personal treatment services by doctors, dentists, public street or alley independently of any other parking medical and dental laboratories, and similar practitioners of space, and located in a parking facility meeting the medical and healing arts for humans, licensed for such requirements established by this title. Parking space is practice by the State of California and including services equivalent to the term "parking stall" and does not include related to medical research, testing and analysis. driveways, aisles or other features comprising a parking facility as previously defined in this chapter. 2020 S-78 19.08.030 Cupertino-Zoning 14 "Pennant" means any lightweight plastic, fabric, or "Project improvements" means all public road other material, whether or not containing a message of any improvements, undergrounding utility improvements, and kind, suspended from a rope, wire, or string, usually in a improvements to the on-site utility networks as required by series, designed to move in the wind. the City of Cupertino for a common interest development. "Permit" means a permit issued by the City Council, "Projection"means architectural elements,not part of Planning Commission,Design Review Committee,Director the main building support, that cantilevers from a single of Community Development, or any other decision body as building wall or roof, involving no supports to the ground other than the one building wall from which the element empowered by the Cupertino Municipal Code, approving architecture, site improvements,buildings, structures,land projects. and/or uses. Permits may include but shall not be limited to "Promotional device"means any sign,display,fixture, Administrative Approvals, Two Permits, Minor placard,vehicle or structure that uses color, form, graphic, Residential Permits, Architectural and Site Approvals, symbol,-illumination or writing to advertise a special event Development Permits,Conditional Use Permits,Exceptions, or the opening of a new business. Variances or Subdivision Maps. "Property" means real property which includes land, "Person" means an individual, group, partnership, that which is affixed to the land, and that which is incidental firm, association, corporation, trust, governmental agency, or appurtenant to the land as defined in Civil Code Sections governmental official, administrative body, or tribunal or 658 through 662. any other form of business or legal entity. 1. Property, Adjoining. "Adjoining property" "Personal fitness training center" means a facility means any unit of real property, excluding lands used as providing space and equipment,with or without supervision, public streets, sharing one or more common points with for group or individual athletic development,increased skill another property. development in sports activity, or rehabilitative therapy for "Property owner" means any person, legal entity, or athletic injury. association of individuals, that is the owner(s) of record of "Perspective drawing" means a rendering of a real property, as documented by a deed or other such three-dimensional view depicting the height, width, depth, evidence of ownership. and position of a proposed structure in relation to "Provider" means a person who operates a family day surrounding properties and structures when viewed from care home or a residential care facility and is licensed by the street level. State of California. "Picnic area" means a facility providing tables and "Public dancehall" is a building or portion used for cooking devices for preparation and consumption of meals dancing purposes to and in which the general public is out of doors or within an unenclosed shelter structure. admitted and permitted to dance, upon payment of any fee "Practice range"means a facility providing controlled other than compensation, or upon payment of a charge for access to fixed or movable objects which are used to test and admission,or for which tickets or other devices are sold, or measure accuracy of discharge from a weapon. in which a charge is made for the privilege of dancing with "Private educational facility"means a privately owned any other person employed for such purpose by the operator school, including schools owned and operated by religious of the establishment, including but not limited to taxi organizations,offering instruction in the several branches of dances, but excluding restaurants, hotel rooms and learning and study required to be taught in the public schools nightclubs in which the dancing is incidental only to other by the Education Code of the State of California. entertainment. "Primary residence"means residential real property at Q. "Q" Definitions: which a person resides a majority of the time, carries on "Qualified applicant" is a person who has a legal or basic living activities,and the place he or she usually returns equitable interest in real property which is the subject of a to, in the event of travel. Evidence, such as motor vehicle development agreement, determined pursuant to Section registration,voter registration,ahomeowner's exemption on 19.116.070. Qualified applicant includes an authorized the property tax bill or other similar documentation,may be agent. required by the city to determine whether the property is the "Qualifying resident" for purposes of Chapter 19.56, primary residence. Density Bonus,of this Code,means a senior citizen or other persons eligible to reside in a senior citizen housing development. i 2018 S-64 15 Definitions 19.08.030 R. "R" Definitions: I Bulk reverse vending machine or a grouping of "Recreational open space"means open space within a reverse vending machines occupying more than fifty square common interest development (exclusive of required front feet, setback areas) which shall be used exclusively for leisure iii. Kiosk type units and bulk vending machines, and recreational purposes, for the use and enjoyment of iv. Unattended containers placed for the donation of occupants (and their visitors) of units on the project and to recyclable materials; which such occupants (and their visitors)have the right of C. Large collection facilities which may occupy an use and enjoyment. Accessory structures such as swimming area of more than five hundred square feet, or is on a pools, recreational buildings and landscaped areas may be separate property not appurtenant to a host use, and may included as open space. include permanent structures. "Recyclable materials" means discards or waste 2. "Processing facility" means a building or materials that may be separated or mixed, collected and enclosed space use for the collection and processing of processed, and used as raw materials for new products. For recyclable materials. Processing means the preparation of purposes of Chapter 19.108, Beverage Container material for efficient shipment or to an end-user's Redemption and Recycling Centers,recyclable materials do specifications, by such means as baling, briquetting, not include hazardous materials. compacting, flattening, grinding, crushing, mechanical "Recycling center" means a facility for the collection sorting, shredding, cleaning, and remanufacturing. and/or processing of recyclable materials. Recycling center Processing facility includes the following: does not include storage containers or processing activity a. A light processing facility occupies an area of located on the premises of a commercial or manufacturing under forty-five thousand square feet of gross collection, use and use solely for the recycling of material generated by processing and storage area and has up to two outbound that business or manufacturer. truck shipments per day. Light processing facilities are 1. "Recycling center, Certified" or "Certified limited to baling, briquetting, crushing, compacting, Processor" means a recycling facility certified by the grinding, shredding and sorting of source-separated California Department of Conservation as meeting the recyclable materials and repairing of reusable materials requirements of the California Beverage Container sufficient to qualify as a certified processing facility. A Recycling and Litter Reduction Act of 1986. light processing facility shall not shred, compact, or bale 2. "Recycling center,Mobile"means an automobile, ferrous metals other than food and beverage containers. truck, trailer or van licensed by the Department of Motor b. A heavy processing facility is any processing Vehicles, which is used for the collection of recyclable facility other than a light processing facility. material. A mobile recycling center also means the bins, "Religious institution" means a seminary, retreat, boxes or containers transported by trucks, vans, or trailers monastery,conference center,or similar use for the conduct and used for the collection of recyclable materials.A mobile of religious activities including accessory housing incidental recycling center may consist of an enclosed vehicle such as thereto,but excluding a private educational facility.Any use box cab or enclosed semi-trailer or an open vehicle such as for which a property tax exemption has been obtained a flatbed trailer with bins or boxes to contain recyclable pursuant to Section 3(f) of Article XHI of the Constitution j materials. of the State of California and Section 206 of the Revenue "Recycling facilities" may include the following: and Taxation Code of the State of California, or successor 1. "Collection facility" means a facility for the legislation, or which is used in connection with any church acceptance (donation, redemption or sale) of recyclable which has received such an exemption, shall be prima facie materials from the public. Such a facility does not use presumed to be a religious institution. power-driven processing equipment except as indicated in "Research and development" means a use engaged in Chapter 19.108, Beverage Container Redemption and study, design, analysis and experimental development of Recycling Centers. Collection facilities may include the products, processes or services, including incidental ' following: manufacturing of products or provisions of services to a. Reverse vending machine(s); others. b. Small collection facilities which occupy an area of not more than five hundred square feet, and may include: i. A mobile recycling unit, { 2020 S-78 19.08.030 Cupertino -Zoning 16 "Residential care facility"means a building or portion 1. A bulk reverse vending machine is a reverse Y designed or used for the purpose of providing vending machine that is larger than fifty square feet; is twenty-four-hour-a-day nonmedical residential living designed to accept more than one container at a time; and accommodations pursuant to the Uniform Building,Housing will pay by weight instead of by container. and Fire Codes,in exchange for payment of money or other S. "S" Definitions: consideration,where the duration of tenancy is determined, "Screened"means shielded,concealed,and effectively in whole or in part,by the individual resident's participation hidden from view at an elevation of up to eight feet above in group or individual activities such as counseling,recovery ground level on adjoining parcels,or from adjoining parcels, planning,medical or therapeutic assistance.Residential care within ten feet of a lot line, by a fence, wall,hedge,berm, facility includes, but is not limited to, health facilities as or similar structure, architectural or landscape feature, or defined in California Health and Safety Code (H&SC combination thereof. Section 1250 et seq.), community care facilities (H&SC "Senior citizens" means: Section 1500 et seq.), residential care facilities for the 1. Persons at least sixty-two years of age; or elderly (H&SC Section 1569 et seq.) or facilities for the 2. Persons at least fifty-five years of age or mentally disordered or otherwise handicapped (W&I Code otherwise qualified to reside in a senior citizen housing Section 5000 et seq.), alcoholism or drug abuse recovery or development, in accordance with State and federal law. treatment facilities (H&SC Section 11384.11), and other "Senior citizen housing development"means ahousing similar care facilities. development with at least thirty-five dwelling units as "Residential district," for purposes of the Sign defined in the Civil Code Section 51.3, or a mobilehome Ordinance, means the Rl, RHS, R2, R3, R1C, A, and Al park that limits residency based on age requirements for zoning classifications which are consistent with the housing for older persons pursuant to Section 798.76 or residential designation of the Cupertino general plan. 799.5 of the Civil Code, as may be amended. Restaurant: "Setback line" means a line within a lot parallel to a 1. Restaurant, Fast-Food. "Fast-food restaurant" corresponding lot line, which is the boundary of any means a retail food service establishment in which prepared specified front, side or rear yard, or the boundary of any foods or beverages are served or sold on or in disposable public right-of-way or private road,whether acquired in fee, F„ containers, including those establishments where a easement, or otherwise, or a line otherwise established to substantial portion of the patrons may serve themselves and govern the location of buildings, structures or uses. Where may consume the food and beverages off-site. A separate no minimum front, side or rear yards are specified, the bar facility for serving alcoholic beverages is not permitted. setback line shall be coterminous with the corresponding lot Any area, tables or rooms reserved for serving alcoholic line. beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food restaurants. 2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a fast-food restaurant. Alcoholic beverages may be served with meals at a customer's dining table;however,a separate bar facility for serving alcoholic beverages is not permitted without a use permit. "Reverse vending machine(s)" means an automated mechanical device which accepts one or more types of empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value,as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates,and to meet the requirements F of certification as a recycling center, multiple grouping of reverse vending machines may be necessary. I 2020 S-78 17 Definitions 19.08.030 Setback Area, Required. "Required setback area" 1. "Animated sign" means any sign which projects means open space, unoccupied and unobstructed from the action, motion or the illusion thereof, changes intensity of ground upward,except as provided in this title,between the illumination or changes colors, including the likes of lot line and the setback line on the same parcel. balloons, banners and flags, and blowing or air-powered 1. Setback Area, Required Front Yard. "Required attractions, but excluding electronic readerboard signs and front-yard setback area" means the setback area extending signs that display the current time or temperature. across the front of a lot between the front lot line and the 2. "Blade sign" means a pedestrian oriented sign, setback line. Front yards shall be measured either by a line adjacent to a pedestrian walkway or sidewalk, attached to a at right angles to the front lot line, or by a radial line in the building wall,marquee, awning or arcade with the exposed case of a curved front lot line, except flag lots which is the face of the sign in a plane perpendicular to the plane of the area extending across the full extent of the buildable portion building wall. of the flag lot measured from the property line which is 3. "Development Identification Sign" means a parallel to and nearest the street line and at which point the ground sign at the major entry to a residential development lot width equals a minimum of sixty feet. The Director of with twenty units or more meant to identify the name and Community Development shall have the discretion to modify address of the development. the provisions of this definition when it improves the design 4. "Directional sign" means any sign which relationship of the proposed buildings to adjacent buildings primarily displays directions to a particular area,location or 1 or parcels. site. 2. Setback Area, Required Rear Yard. "Required 5. "Directory sign" means any outdoor listing of rear-yard setback area"means the area extending across the occupants of a building or group of buildings. full width of the lot between the rear lot line and the nearest 6. "Electronic readerboard sign" means an line or point of the main building. electronic sign intended for a periodically-changing 3. Setback Area, Required Side Yard. "Required advertising message. side-yard setback area" means the area between the side lot 7. "Freeway oriented sign"means any sign which is line and the nearest line of a building, and extending from located within six hundred sixty feet and visible from a the front setback line to the rear setback line. freeway right-of-way as defined by Section 5200 of the "Shopping center" means a group of commercial California Business and Professions Code. establishments, planned, developed, owned or managed as 8. "Garage sale signs" means any sign used for a unit, with off-street parking provided on the parcel. advertising a garage or patio sale as defined in Chapter 5.16 "Shopping center," for purposes of the Sign of the Cupertino Municipal Code. Ordinance,means a retail entity encompassing three or more 9. "Ground sign" means any sign permanently tenants within a single building or group of buildings, but affixed to the ground and not supported by a building within which individual business located in defined tenant structure. The height of the sign shall be measured from the spaces are owned and managed separately from the shopping grade of the adjoining closest sidewalk to the top of the sign center management. including trim. "Short-term rental" means any legally permitted 10. "Identification sign" means any sign whose sole j dwelling unit, or portion thereof,made available for rent on purpose is to display the name of the site and the names of a transient occupancy basis. Short-term rental use shall not the occupants, their products or their services. t be considered a hotel. 11. "Illegal sign" means any sign or advertising "Sidewalk site triangle" is a triangular shaped area statuary which was not lawfully erected,maintained,or was described in Cupertino Standard Detail 7-6. (See Appendix not in conformance with the provisions of this title in effect C, Cupertino Standard Detail; Sidewalk Site Triangle at the time of the erection of the sign or advertising statuary (Sidewalk Clearance at Driveway) or which was not installed with a valid permit from the City. "Sign"means any device,fixture,placard,or structure 12. "Illuminated sign" means any sign utilizing an l that uses any color,form, graphic,illumination, symbol,or artificial source of light to enhance its visibility. 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. I 2020 5-78 19.08.030 Cupertino - Zoning 18 13. "Informational sign" means any sign which 26. "Temporary Sign" means any sign, display, ! promotes no products or services, but displays service or banner or promotional device which is designed or intended general information to the public, including the likes of to be displayed only during the allowable business hours or hours of operation, rest room identifications and hazardous for short periods of time as specified by the Director of warnings. Community Development. 14. "Landmark sign" means an existing, legal 27. "V-shaped signs" means any sign consisting of non-conforming ground sign that has a distinctive two vertical faces, or essentially vertical faces, with one architectural style. common edge and which appears as the letter V when 15. "Nonconforming sign" means any sign or viewed directly from above. advertising statuary that was legally erected and had 28. "Vehicle sign" means a sign painted on or obtained a valid permit in conformance with the ordinance attached to an operable or movable vehicle; in the case of in effect at the time of the erection of the sign but which motor vehicles, "operable" shall be defined as having a became nonconforming due to the adoption of the ordinance valid license plate. codified in this title. 29. "Wall sign" means any sign that is attached, 16. "Obsolete sign" means any sign that displays erected or painted on a structure attached to a building, a incorrect or misleading information, promotes products or canopy structure, or the exterior wall of a building with the services no longer available at that site or identifies departed exposed face of the sign parallel to the wall. occupants. 30. "Window sign" means any sign that is intended 17. "Off-site sign"means any sign not located on the to be read from outside of the structure or painted on a premises of the business or entity indicated or advertised by window facing a public street,parking lot,pedestrian plaza the sign. This definition shall include billboards, poster or walkway accessible to the public. panels, painted bulletins and other similar advertising "Sign Area" for an individually lettered sign without displays. a background, is measured by enclosing the sign copy with 18. "On-site sign"means a sign directing attention to a continuous perimeter in simple rectilinear forms. (See a business,commodity,service or entertainment conducted, Appendix D for examples of sign area calculation) sold or offered upon the same premises as those upon which The sign area for a sign with borders and/or the sign is maintained. background is measured by enclosing the exterior limits of 19. "Political sign" means a temporary sign that the border or background with a single continuous encourages a particular vote in a scheduled election and is perimeter. The necessary supports, uprights, and/ or the posted prior to the scheduled election. base on which such sign is placed, shall be excluded from 20. "Portable Sign or Display" means any outdoor the sign area. sign or display not permanently attached to the ground or a When a sign is separated by thirty-six inches or more, structure on the premises it is intended to occupy and the area of each part may be computed separately. displayed only during business hours. Portable sign or "Single family residence," for purposes of Chapter display includes A-frames, flower carts, statues, and other 19.112, shall mean only detached single-family dwelling similar devices used for advertising as determined by the units that are not detached row-houses, duplexes, Director. townhouses, or condominiums or properties that have a 21. "Project announcement sign" means any shared ownership interest in common open space or temporary sign that displays information pertinent to a recreational areas. current or future site of construction, including the likes of "Specialty food stores" means uses such as bakeries, the project name, developers, owners and operators, donut shops, ice cream stores, produce markets and meat completion dates, availability and occupants. markets, or similar establishments where food is prepared 22. "Projecting sign" means any sign other than a and/or sold primarily for consumption off the premises. wall sign that is attached to and projects from a structure or "Site," for purposes of the Sign Ordinance, means a building face or wall. piece of land as shown on a subdivision map, record of survey map or assessor's parcel map,which constitutes one 23. "Real estate sign" means a temporary sign indicating that a particular premises is for sale,lease or rent. development site and which may be composed of a single 24. "Roof sign" means a sign erected between the unit of land or contiguous units under common ownership, li lowest and highest points of a roof. control, or development agreement. 25. "Street address sign"means any sign that displays "Special event," for purposes of the Sign Ordinance only the street address number(s) of the site and, at the means a temporary promotional event including, but not the street name. limited to, a special sale on merchandise or services, or option of the property owner, grand openings. III 2020 S-78 19 Definitions 19.08.030 f "Special Event Banner" means any temporary sign railroad right-of-way or limited access roadway or freeway. constructed of pliable materials such as canvas,fabric,vinyl "Structure" means that which is built or constructed, plastic or similar materials which will withstand exposure to an edifice or building of any kind, or any piece of work wind and rain without significant deterioration, and which artificially built up or composed of parts joined together in does not require a building permit for its construction, or some definite manner. installation outside of a building. 1. Structure,Recreational. "Recreational structure" "Special needs housing," for purposes of Chapter means any affixed accessory structure or portion, which 19.56, Density Bonus, means any housing, including functions for play, recreation or exercise(e.g., pool slides, supportive housing, intended to benefit, in whole or in part, playhouses, tree houses, swings, climbing apparatus, persons identified as having special needs relating to mental gazebos, decks, patios, hot tubs and pools) but does not include portable la structures such as swings or climbin health; physical disabilities; developmental disabilities, p play g g including without limitation intellectual disability, cerebral apparatus. palsy, epilepsy, and autism; and risk of homelessness, and "Structurally attached" means any structure or j housing intended to meet the housing needs of persons accessory structure or portion thereof,which is substantially eligible for mental health services funded in whole or in part attached or connected by a roof structure or similar physical by the Mental Health Services Fund, as set forth in attachment. Government Code Section 65915(p)(3)(C), as may be "Supportive housing" (per Government Code Section amended. 65582(f), as may be amended)means housing with no limit "Specified anatomical areas" means: on length of stay, that is occupied by the target population, 1. Less than completely and opaquely covered and that is linked to onsite or offsite services that assist the human genitals, pubic region, buttocks and female breast supportive housing resident in retaining the housing, below a point immediately above the top of the areola; and improving his or her health status, and maximizing his or 2. Human male genitals in a discernibly turgid state, her ability to live and, when possible, work in the even if completely and opaquely covered. community. "Specified sexual activities" means: T. "T" Definitions: 1. Human genitals in a state of sexual stimulation or "Target population" (per CA Government Code arousal; 65582(g), as may be amended) means persons with low 2. Acts of human masturbation, sexual intercourse incomes having one or more disabilities, including mental or sodomy; illness, HIV or AIDS, substance abuse, or other chronic 3. Fondling or other erotic touching of human health conditions, or individuals eligible for services genitals, pubic region, buttocks or female breast. provided under the Lanterman Developmental Disabilities "Story" means that portion of a building, excluding a Services Act(Division 4.5(commencing with Section 4500) basement, between the surface of any floor and the surface of the Welfare and Institutions Code). of the next floor above it, or if there is no floor above it, "Tenant'means any person,legal entity,or association then the space between the floor and the ceiling next above of individuals that is a lessee of real property, as it, documented by a rental agreement, whether in writing or "Street' means a public or private thoroughfare the otherwise. design of which has been approved by the City which "Transient' means any individual who exercises affords the principal means of access to abutting property, occupancy or is entitled to occupancy by reason of including avenue, place, way, drive, lane, boulevard, concession, permit, right of access, license or other highway, road, and any other thoroughfare except an alley agreement for a period of thirty consecutive calendar days as defined in this chapter. or less, counting portions of calendar days as full days, and 1. Street, Public. "Public street' means all streets, including any individual who actually physically occupies I. highways,lanes,places,avenues and portions and including the premises, by permission of any other person entitled to extensions in the length and width, which have been occupancy. dedicated by the owners to public use, acquired for public "Transitional housing" (per CA Government Code use, or in which a public easement for roadway purposes 65582(h), as may be amended)means buildings configured exists. as rental housing developments,but operated under program "Street frontage,"for purposes of the Sign Ordinance, requirements that call for the termination of assistance and means the length of a site along or fronting on a public or recirculation of the assisted unit to another eligible program private street,driveway or other principal thoroughfare,but recipient at some predetermined future point in time,which does not include such length along an alley, watercourse, shall be no less than six months from beginning of assistance. "Trim" means the molding,battens, cappings,nailing strips,lattice and platforms which are attached to a sign. 2020 5-78 19.08.030 Cupertino-Zoning 20 U. "U" Definitions: designed, used, or maintained primarily for the "Unobstructed Access," for purposes of Chapter transportation of goods. 19.56, Density Bonus, means access to a location if a 2. Vehicle,Recreation. "Recreation vehicle"means resident is able to access the location without encountering a vehicle towed or self-propelled on its own chassis or natural or constructed impediments, as set forth in attached to the chassis of another vehicle and designed or Government Code Section 65915(p)(2),as maybe amended. used for temporary dwelling, recreational or sporting "Use" means the conduct of an activity, or the purposes. The term recreation vehicle includes, but is not performance of a function or operation, on a parcel or in a limited to, trailers, motor coach homes, converted trucks building or facility. and buses, and boats and boat trailers. 1. "Accessory use"means a use which is incidental "Very low income household" means a household to and customarily associated with a specified principal use. whose gross income does not exceed that established by 2. "Conditional use" means a use listed by the Health and Safety Code Section 50105,as may be amended. regulations of any particular district as a conditional use "Visual privacy intrusion"means uninterrupted visual within that district, and allowable solely on a discretionary access from a residential dwelling or structure into the or conditional basis, subject to issuance of a conditional use interior or exterior areas of adjacent residential structures, permit, and to all other regulations established by this title. which area is either completely or partially private,designed 3. "Nonconforming use" means a use which is not for the sole use of the occupant, and/or which serves to a permitted use or conditional use authorized within the fulfill the interior and/or exterior privacy needs of the district in which it is located, but which was lawfully impacted residence or residences. existing on October 10, 1955; or the date of any W. "W" Definitions: amendments thereto, or the application of any district to the None. property involved, by reason of which adoption or X. "X" Definitions: application the use became nonconforming. None. 4. "Permitted use" means a use listed by the Y. "Y" Definitions: regulations of any particular district as a permitted use "Yard"means an area within a lot,adjoining a lot line, within that district, and permitted therein as a matter of right and measured horizontally, and perpendicular to the lot line when conducted in accord with the regulations established for a specified distance, open and unobstructed except for by this title. activities and facilities allowed therein by this title. 5. "Principal use" means a use which fulfills a 1. "Front yard" means a yard measured into a lot primary function of a household,establishment, institution, from the front lot line, extending the full width of the lot or other entity. between the side lot lines intersecting the front lot line. "Useable rear yard" means that area bounded by the 2. "Rear yard" means a yard measured into a lot rear lot line(s)and the rear building line extended to the side from the rear lot line, extending between the side yards; lot lines. The side yard adjacent to a proposed minor provided that for lots having no defined rear lot line, the addition(e.g., addition equaling ten percent or less of the rear yard shall be measured into the lot from the rearmost principal structure)may be included in calculation of usable point of the lot depth to a line parallel to the front lot line. rear yard area. 3. "Side yard" means a yard measured into a lot V. "V" Definitions: from a side lot line, extending between the front yard and "Variance application"means an application for which rear lot line. an exception process is not identified in the Municipal Code. Z. "Z" Definitions: "Vehicle" means any boat,bus, trailer, motor home, None. (Ord.20-2200, §5,2020;Ord.20-2199, §§ 1- van, camper (whether or not attached to a pickup truck or 3,2020;Ord. 17-2170, § 1,2017;Ord. 17-2169, §22 2017; other vehicle),mobilehome,motorcycle,automobile,truck, Ord. 17-2165, §2,2017;Ord. 16-2157, §§1,22 2016;Ord. pickup, airplane, boat trailer, truck tractor, truck trailer, 16-2159, §§ 1-4, 2016; Ord. 16-2149, § 3, 2016; Ord. utility trailer or recreational vehicle,or parts, or any device 16-2140, §§ 1-5, 2016; Ord. 14-2125, § 3 (part), 2014; by which any person or property may be propelled, moved Ord. 2085, § 2 (part), 2011; Ord. 11-2074, (part), 2011; or drawn upon a public street, excepting a device moved Ord. 2056, (part), 2010; Ord. 1894, § 1, 2002; Ord. 1891, exclusively by human power. (part), 2002; Ord. 1863, (part), 2000; Ord. 1809, 2000; 1. Vehicle, Commercial. "Commercial vehicle" Ord. 1784, (part), 1998; Ord. 1725, (part), 1996; Ord. means a vehicle of a type required to be registered under the 1688, §3(part), 1995; Ord. 1657, (part), 1994; Ord. 1654, California Vehicle Code used or maintained for the 1994; Ord. 1637, (part), 1993; Ord. 1635, (part), 1993; f transportation of persons for hire,compensation,or profit or Ord. 1618, (part), 1993; Ord. 1607, § 1, 1992; Ord. 1601, Exh. A(part), 1992) 2020 S-78 29 Administration 19.12.080 14. Conditional Use Permits and Variances shall also 19.12.100 Decision. include information required per Section 19.156.020. A. The Approval Authority is granted the authority ' 15. Density Bonus Permit applications shall also to make the decision to grant,deny,or impose conditions or include information required per Section 19.56.060. restrictions on a permit or other action on a permit as well 16. Conversion of Apartment Projects to Common as to conduct and make any decisions necessary for Interest Developments applications shall also include environmental review under the California Environmental information required per Section 19.116.050. Quality Act. 17. Sign Permit Applications should also include B. Unless postponed or continued with the mutual information required per Section 19.104.040. consent of the Director of Community Development and the C. Application shall be accompanied by the fee applicant and written confirmation from the applicant, a prescribed by City Council resolution,no part of which shall decision shall be rendered: be returnable to the applicant. 1. No later than sixty (60) days following the date (Ord. 17-2165, § 4, 2017; Ord. 17-2162, § 2, 2017; Ord, the application is deemed complete and either categorically 16-2149, § 4, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. exempt under the California Environmental Quality Act 2085, § 2(part), 2011) (CEQA) or the adoption of a negative declaration or one hundred and eighty (180) days of certification of an 19.12.090 Action by Director. Environmental Impact Report(EIR). Upon receipt of an application for a permit, the 2. Notwithstanding the above, no later than one Director of Community Development shall: hundred and fifty (150) days upon receipt of a complete A. Within thirty days determine whether the application for a new personal wireless communication application is complete or needs additional information and facility or ninety(90)days upon receipt of an application for shall inform the applicant. collocation of a personal wireless communication B. For permit applications not requiring any facility/antennas. (Ord. 17-2165, §5, 2017; Ord. 14-2125, comment period,public hearing or public meeting,proceed §4(part), 2014; Ord. 2085, § 2(part), 2011) to review the application. i C. Mail ballots to the property owners of record of 19.12.110 Noticing. the properties affected by a Single-Story Overlay District A. Notice of Public Hearing: Noticing shall be Application. The ballot shall, in addition to information provided in the following manner for applications that need related to the proposal, include the following information: a public hearing: 1. Proposed Single-Story Overlay District Map 1. Notice of hearing shall be given by publication pursuant to Section 19.28.050(B)(1); once in a local newspaper of general circulation not less than 2. Statement indicating that each developable lot of ten days prior to the date of the hearing as provided in record shall have one(1)vote; and Section 65090 of the California Government Code; 3. A date, forty-five (45) calendar days from the 2. The City shall mail written notice by first class date of mailing of the ballot, on which a completed ballot mail to: must be postmarked or received by the City in order to be a. Each owner of record of real property within the accepted. noticing radius per Section 19.12.030 of the exterior D. Not later than a period stipulated in Section boundary of the property for which the application is made 19.12.100, Decision,below: as the owner of record is shown in the last tax assessment 1. Set a date for a public hearing or public meeting roll pursuant to Section 65091 of the California Government upon the matter at a regular or special meeting of the Code; approval authority for the project for applications that b. Owner(s) of subject site or his or her authorized require a public hearing or public meeting, except that agent Single-Story Overlay District Applications shall be C. Project applicant(s) scheduled for a public hearing, only if the result of the d. Local agencies expected to provide water, mailed ballot, pursuant to 19.12.090(B) above, indicates sewage,streets,roads,schools or other essential facilities or support of a minimum sixty-six and two-thirds (66 2/3) services to the proposed project; percent by the property owners within the proposed or e. Any individual or entity that has filed a written existing Single-Story Overlay District(each developable lot request with the City Clerk requesting notification of public of record shall have one(1)vote); or hearings. 2. Send notice in accord with the requirements of 3. If the number of owners to whom notice would be 19.12.110(D) for applications that do not need a public mailed or delivered pursuant to subsection A2 above is hearing or public meeting. (Ord. 20-2200, § 6, 2020; Ord. 17-2162, § 3, 2017; Ord. 14-2125, §4(part), 2014; Ord. 2085, §2(part), 2011) 2020 S-78 19.12.110 Cupertino - Zoning 30 greater than one thousand, in lieu of mailed or delivered failure to provide notice, and the failure of any to receive notice, the Director may provide published notice as notice, shall not prevent the City from proceeding with a provided in Government Code Section 65091(3). hearing, meeting or from taking any action nor affect the C` 4. The notice shall contain the following: validity of any action. a. The exact address of the property, if known, or F. Posted Site Notice: j the location of the property, if the exact address is not 1. Applicants shall install notice(s) on the subject known; site that is/are clearly visible and legible from the b. The date on which action on the application will right-of-way in accord with the requirements of Table be taken; 19.12.030. c. A brief description,the content of which shall be a. Applicants must install a site notice in the front in-the sole discretion-of the City, of the proposed project; yard of the subject site. d. Reference to the application on file for b. For all applications other than Two Story particulars; Permits, Residential Design Review and Tree Removal e. A statement that any interested person, or agent applications in Rl or R2 zones, if the subject site has more thereof, may contact the city for additional information than one property line abutting a street,the applicant may be and/or plans. required to install more than one notice. Typographical and/or publishing errors shall not 2. The notice shall be a weatherproof sign, firmly invalidate the notice nor any City action related to the attached to 5 foot tall posts and: notice. a. For Two Story Permits, Residential Design B. Notice of Public Hearing for Zoning Text Review, and Tree Removal applications in Rl or R2 zones, Amendments: shall be at least 2 feet tall and 3 feet wide. 1. For amendments to zoning regulations: Notice of . b. For all other applications that need a site notice, such hearing (publication) shall be given in the manner shall be at least 4 feet tall and 6 feet wide. prescribed in Section 19.12.110 A(1)of this chapter. 3. The notice shall be placed at least 14 days prior 2. For amendments to permitted uses of real to the decision/public hearing and shall remain in place until property: Notice (mailing or publication) shall be given an action has been taken on the application and the appeal pursuant to Sections 19.12.110 A(2) or A(3), as the case period has passed. may be. 4. The notice shall contain the following: C. Notice of Public Meeting: For projects requiring a. The exact address of the property, if known, or notice of a public meeting,notice shall be mailed in accord the location of the property, if the address is not known; with 19.12,110A(2)or A(3),as the case may be, at least ten b. A brief description of the proposed project, the days prior to the date of the meeting date. content of which shall be at the sole discretion of the City; D. Notice of Comment Period: For projects C. City contact information for public inquiries; requiring notice of a comment period,notice shall be mailed d. A deadline for the submission of public in accord with 19.12.1 10A(2) and A(5), fourteen calendar comments; days prior to the date of action on the application. e. If proposing a physical alteration to an existing 1. For permits issued pursuant to Chapter 19.28, building or new buildings, at least one of the following Single Family Residential, the mailed notice shall include a visual representations of the proposed project: copy of the site plan and elevation plans of the proposed i. A color perspective drawing or three-dimensional project. (3-D)photographic simulation of the proposed project, in a 2. For permits issued pursuant to Chapter 14.18, size deemed appropriate by the Director of Community Protected Trees, the mailed notice shall include a copy of Development. the site plan and tree replacement/mitigation plan. ii. For Two Story Permits and Residential Design E. The City may also give notice of public Review applications, a color or black and white perspective hearings/public meetings in any other manner it deems drawing or three-dimensional(3-D)photographic simulation necessary or desirable. If the Director of Community of the proposed project, at least 11 inches by 17 inches in Development believes the project may have impacts beyond size. the range of the mailed notice, particularly on nearby iii. Visual Representation is not required for residential areas,the Director, in his or her discretion,may applications that do not have a material change in the expand noticing beyond the stated requirements in Section physical appearance of the property. 19.12.030. (Ord. 17-2165, § 6, 2017; Ord. 17-2162, § 4, 2017; Ord. Compliance with the procedures set forth in this section 14-2125, §4(part), 2014; Ord. 2085, §2(part), 2011) shall constitute a good-faith effort to provide notice,and the 31 Administration 19.12.120 19.12.120 Action by Director of Community C. For applications requiring City Council approval, Development—Administrative. the reviewing body shall forward its written findings, A. For applications requiring Administrative review determinations and recommendation to the City Council for with no public meeting,public hearing or comment period, final action, subject to the requirements of Section the Director of Community Development or his or her 19.12.100. designee may, subject to the requirements of Section (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 19.12.100,issue his or her decision no later than thirty days 2011) 1 from receipt of all information,unless referred to a different approval authority for a decision. 19.12.140 Action by City Council. B. For applications requiring Administrative review A. Upon receipt of a recommendation of the with a public meeting, public hearing or comment period, reviewing body, the City Council may by resolution the Director of Community Development or his or her approve,modify, or disapprove the recommendation of the designee may, subject to the requirements of Section reviewing body, subject to the requirements of Section 19.12.100: 19.12.100. 1. Issue his or her decision at the conclusion of the B. Upon final approval of a zoning or prezoning public meeting, public hearing or comment period; application,the City Council shall enact an ordinance zoning 2. Continue the item for additional public hearings, or prezoning the subject property or properties, public meetings or comment period; or incorporating within the ordinance: 3. Defer action by taking the item under advisement 1. A Conceptual development plan,if required, and and issuing the decision no later than thirty days following 2. Conditions of approval. the public meeting, public hearing or comment period. C. For a Development Agreement,the City Council No additional noticing is required if a project is shall enact an ordinance that shall refer to and incorporate continued. the text of the Development Agreement by reference. C. For applications where a public meeting or public D. For applications requiring City Council approval, hearing is required to be held before the Director of the City Council shall issue its decision at the conclusion of Community Development, the meeting shall be held in the the public hearing or public meeting. same manner as a Design Review Committee meeting. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), (Ord. 20-2200, § 7, 2020; Ord. 14-2125, § 4(part), 2014; 2011) Ord. 2085, § 2(part), 2011) 19.12.150 Notice of Decision and Reports. 19.12.130 Action by Design Review Committee and A. Notice of decision: Planning Commission. 1. The decision for applications approved with a A. For applications where the Design Review public meeting or public hearing shall be mailed to the Committee or Planning Commission is the Approval Body, property owner and applicant at the address shown on the it shall render a decision,which is supported by the evidence application. contained in the application or presented at the meeting, at 2. The decision for applications approved with a the meeting, or at a subsequent meeting after conclusion of comment period shall be mailed to the property owner and the public hearing or public meeting, subject to the the applicant at the address shown on the application and any requirements of Section 19.12.100. person who has commented on the proposed project within B. For zoning map amendments, on the basis of the comment period or during revocation proceedings. evidence and testimony presented to the Planning 3. The decision shall contain the following: Commission at the public hearing,the Planning Commission a. Applicable findings; may determine that the public interest will be served, either b. Any reasonable conditions or restrictions deemed i by revising the area being considered for reclassification to necessary to secure the purpose of this title and to assure include properties not originally part of the application, or operation of the development and/or use in a manner by giving consideration to district classifications not compatible with existing and potential uses on adjoining originally requested by the application. The Planning properties and in the general vicinity; and Commission may, solely at its option, consider additional c. Reporting/monitoring requirements deemed properties or district classifications, or both. 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. 2020 S-78 19.12.150 Cupertino- Zoning 32 B. Reports: The Director of Community F. Notice of Decision: Notice of the appeal hearing Development shall endeavor to forward reports,within five body's decision shall be mailed to the original applicant, to calendar days from the date of the decision, to the: the person filing the appeal, and to any other person who has 1. Planning Commission and the City Council of a filed a written request with the City Clerk. decision by the Director of Community Development. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2. Planning Commission and the City Council of a 2011) decision by the Design Review Committee. 3. City Council of a decision by the Planning 19.12.180 Expiration, Extension, Violation and Commission. Revocation. (Ord. 20-2200, § 8, 2020; Ord. 14-2125, §4(part), 2014; A. Expiration. Ord- art 2011) _ _ ____ __ 1. Approval_on a permit or variance shall become O-dT 2085, §-2-(p ), null and void and of no effect, within the time ame 19.12.160 Effective Date. specified in Section 19.12.030 following its issuance,unless A. A permit approved by the City Council shall take a shorter or longer time period is specifically prescribed in effect ten days following the date that the findings are the conditions of permit or variance or the Section of the adopted. Municipal Code pursuant to which the permit or variance is B. Specific Plans, General Plan Amendments, issued, unless: Zoning Ordinance/Map Amendments, and Development a. A building permit is filed and accepted by the Agreements shall become effective thirty days following the City(fees paid and control number issued.)In the event that final date of action(e.g., adoption)by the City Council. a building permit expires for any reason, the permit shall C. All other permits shall take effect fourteen become null and void. calendar days following the date that the findings are b. A permit or variance shall be deemed "vested" adopted by the appropriate Approval Body,unless an appeal when actual substantial and continuous activity has taken is filed as provided in Section 19.12.170. . place upon the land subject to the permit or variance or, in (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), the event of the erection or modification of a structure or 2011) structures,when sufficient building activity has occurred and continues to occur in a diligent manner. 19.12.170 Appeals. 2. Notwithstanding subsection 1 of this section, if A. An appeal may be filed by any person, firm or the use for which a conditional use permit was granted and corporation aggrieved or affected by any grant, denial, utilized has ceased or has been suspended for one year or modification or revocation of any permit, or any more, the permit becomes null and void. determination or interpretation related to any provision of 3. Unless a variance or exception has expired this title. pursuant to subsection 1 of this section, it shall continue to B Filing: exist for the life of the existing structure or such structure as 1. An appeal shall be in writing on forms prescribed may be constructed pursuant to the approval, unless a by the City and shall be filed during regular office hours different time period is specified in its issuance. A variance with the City Clerk within fourteen calendar days after the or exception from the parking and loading regulations, and City decision or if a notice of decision is not required, from a sign exception shall be valid only during the period of the date of the decision or determination, under this title. continuous operations of the use and/or structure for which An appeal not filed within such time shall be barred. The the variance or.exception was issued. appeal shall state the grounds and basis thereof. B. Extensions. A permit or variance may, in accord 2. Appeals under this chapter are subject to an with Section 19.12.030, Approval Authority, be extended appeal fee as prescribed by resolution of the City Council. for the time frame specified in Section 19.12.030, upon C. Noticing: Notice of hearing shall be given in the timely submittal of an application with the Director of same manner in which the original notice was given. If a Community Development prior to expiration. project with no noticing is appealed, appropriate noticing shall be determined by the Director of Community Development. D. Appeal hearing body shall be determined in accord with Section 19.12.030. E. Decision of the appeal hearing body:The decision or determination of the appeal hearing body on any appeal shall be final and effective immediately. I i I i 2020 S-78 32A Administration 19.12.180 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 detrimental to the public health, safety, and welfare,the Director 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; I That the improvement,use or activity authorized in compliance with the permit had ceased or was suspended for one year or more; iii. That one or more of the conditions of the permit have not been met and/or have been violated; 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/state law. In the case of revocation of a sign permit, the sign was abandoned for a period of thirty days. (Ord. 20-2200, § 9, 2020; Ord. 17-2165, § 7, 2017; Ord. 16-2149, § 5, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2(part), 2011) I i i 2020 S-78 Cupertino-Zoning 32B 37 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.020 �D U U U a' N a a b � 7� a a x a �D a a a w a U QU v a a a a w a U CIO b a� � H � � H W P� •�, U .d U may± M ' h cd L6 O U U O O a U O •C ,_, O q q � � � ^O R d U 0 3 p 0 — O p : O o o a4co i U w q p+ H •+� p O O N �r�+ U . U it O in cd +'� .�. 'b C HO p " ` a O 14. a,� R r � b9A' ccl ? w O vs �, U H O r..• .b v� .� bA � U .� 'd w � U U N ^ U H 5 4" o 0 0 00 11 ON _ U U b oU o b o *" 4* U N a. > fl 0 .? a a f30i a�J cUd .~-i "". U w "��'' .b O cn ° HE0-� U a� 2020 S-78 19,20.020 Cupertino - Zoning 38 U Q U Q U ¢ U a r �D a a U ¢ U d U 0 �D a b � o a a a a a �D a ed U d a U a a a U a U a d d o aA• d�4 LO UU d d p U o ;00 > w b b b�DLn Mk m Aq cW o � o 7b cz a A > > O �' aai b w 0) 6) a w 0 o w U cd H v o U b ro o c; .� o � a� o o w ;� a 1 a p v . a a . (� b a� C6 o � 3 U 3 U M o o � o api b xLn 2020 5-78 41 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.020 U o � ... N b e� *4Z � U � U d U U U U U �DU �DU U U U U U cu 00 m w .O U O '_' 4•" cH.� O Lam" vUi � G U •� y cy b p y SG G7 O o O O O y O O N N id pA V O O cd o O °° b b a o ,o 'Cy o CCU ° cn Y ° 71 42 co ' 7 °' o U U U a a N c2 O O a a aq� b o a d ° CN Z U C7 cC U 2015 S-47 19.20.020 Cupertino-Zoning 42 0 > va, b Ln a > coy N O � i i i i i i i O Cn v'1 N > U b b Cl+ Ov N �+ U N b c U O 0 U 3 H Qo U CIS cn O p U N 0 A cli ri y H 00 .. p b o 75 �U cc O d U U � a .3 " � •3 ,0 N 8 3 `n v] •� d Vim+ a1 Rl G 7 N V Q U W W W W W W ,U 0 o b j c U 0 U 5� Q f� aU -c� W 0 U ' � o ti a a fl 4., ° r°° N 3 vi w N cd ° LID ° o p N a fl y P° ZUUU .� � Q o W o b � ro N b b 0 U 0 1 1 1 1 1 I I N 01 y N Ir Gyy U U 1— DC O -+ a 0 0 3 ,�, aU W N b o n a O ca w � � .. M OR Cmd ) 'N a Qom- O N m Cc, U o d a .0 L O m cd cm Cs+ p 0 CC's 'C O ,•5 '5 O O cm x U U O con OU N En 00m N N m N M M dam' 0 O 202O S-78 203 Home Occupations 19.120.030 Table 19.120.030: Standards (Cont.) Topic Regulatory Intent Specific Standard Traffic Ensure that pedestrian, automobile or -Deliveries to and from the premises truck traffic, or parking demand is not restricted per the Municipal Code significantly above normal levels for that zone Employment Ensure that traffic is not significantly - Home occupations shall be carried on above normal levels for that zone by members of the household occupying the dwelling, with not more than one additional person employed on the premises who is not a resident thereof. 1 i This shall not exclude the employment of domestic servants, gardeners, janitors, or other persons concerned in the operation or maintenance of the dwelling, whether living on the premises or not. Utility service Maintain residential scale of utility -Home occupation activity requiring a services to limit business activity to an water meter above the size customary incidental use to a residence in that zone is prohibited -Electrical panel restricted to size customary to a residence in that zone Business vehicle Restrict number, size and keeping of -No more than one vehicle primarily vehicles to reduce parking demand and used for business purposes may be maintain residential streetscape parked per site -Size limited to passenger auto, pickup truck or similar van Storage Ensure that stored materials do not take -Storage outside of an enclosed up required parking space or structure is prohibited accumulate in yards -Garage storage of materials is allowed if the remaining space allows parking of the required number of vehicles Signs Prohibit use of signs unless legally -Legally required signs are restricted to required a maximum one square foot area -Signs shall not be placed on the roof or within the required setback areas Cumulative effects Ensure that multiple home occupations -Cumulative impact of each home at a site do not exceed single-activity occupation shall not exceed the limits performance levels set forth in any portion of this section (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A(part), 1992) 2012 S-31 19.120.040 Cupertino - Zoning 204 19.120.040 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 t accordance with the procedures outlined in Chapter 19.156. (Ord. 2085, §2(part),2011;Ord. 1637, (part), 1993; Ord. 1601, Exh. A(part), 1992) 19.120.050 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. Until January 1, 2021,boarding and/or rooming homes for more than two guests; D. Clinics and hospitals, also veterinary (animal) clinics and hospitals; E. Kennels and other boarding for pets,in excess of the number of animals allowed in the base zoning district where specified; F. Medical offices for physicians, dentists, osteopaths, and other practitioners; G. Private schools with organized classes; H. Upholstery, small engine repair, welding shops; I. 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. 20-2200, § 11, 2020; Ord. 2085, § 2 (part), 2011; Ord. 1784, (part), 1998; Ord. 1601, Exh. A(part), 1992) 19.120.060 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) F 2020 S-78 47 Comprehensive Ordinance List Ord. No. 20-2203 Amends §§ 1.04.010 through 1.04.060 (adds new § 1.04.030) general provisions; repeals and readopts Ch. 1.08 (1.08.010 and 1.08.020)right of entry for inspection; repeals and readopts Ch. 1.09(§§ 1.09.010 through 1.09.110)nuisance abatement; repeals and readopts Ch. 1.10(§§ 1.10.010 through 1.10.180) administrative citations, fines, and penalties; amends Ch. 1.12 title(General Penalty and Criminal Enforcement), amends § 1.12.010 and§ 1.12.020 and repeals a § 1.12.030 20-2204 An urgency ordinance authorizing outdoor dining operations pursuant to a j special temporary outdoor dining permit (Not Codified) 20-2205 Amends §2.20.010, recordkeeping duties-closed sessions (2.20) 20-2207 An urgency ordinance authorizing outdoor dining operations pursuant to a special temporary outdoor dining permit (Not Codified) 20-2208 Amends §2.88.100, duties-powers- responsibilities(2.88) 20-2209 Adopts §2.20.120, electronic filing of campaign statements (2.20) 20-2200 Amends §§ 3.12.020, 3.12.050, 3.12.070(Transient Occupancy Tax), § 19.08.030(definitions), §§ 19.12.090, 19.12.120, 19.12.150, 19.12,080, 19.20.020 and 19.120.050, creating Chapter 5.08 (Short-term Rental Activity), regulating short-term rental uses in residential zoning districts 20-2210 Amends § 11.24.150, parking prohibited along certain streets (11.24) 20-2211 Urgency ordinance temporarily waiving permit fees for certain temporary commercial signs and banners (Not Codified) j 1 2020 5-78 Cupertino-Comprehensive Ordinance List 48 25 Index SEWER Enforcement 5.08.070 See also SUBDIVISION Purpose 5.08.010 See also WATER Regulations for hosting platforms 5.08.060 See also WATER POLLUTION Revocation 5.08.050 See also PREVENTION Short-term rental activity 5.08.030 Abandoned system 15.20.140 Short-term rental registration- Process and Appeals, generally 15.20.190 term 5.08.040 Applicability of provisions 15,20.010 Alteration, permit required 15.20.070 SIDEWALK Building permit issuance requirements 15.20.100 See STREETS AND SIDEWALKS Definitions 15.20.020 Enforcement authority designated 15.20.170 SIGN Failing system,correction responsibilities 15.20.130 abandoned or discontinued signs 19.104.320 Installation, construction, alteration inspections appeals 19.104.070 15.20.110 applicability of regulations 19.104.020 state contractor's license required 15.20.090 beverage container recycling signs 19.104.180 Liability disclaimer 15.20.160 changeable copy signs 19.104.180 New construction, permit required 15.20.060 construction and maintenance specifications Nuisance declarations 15.20.120 19.104.090 Permit required decorative statuary 19.104.180 alterations 15.20.070 electronic readerboard signs 19.104.180 new construction 15.20.060 enforcement of provisions 19.104.300 septic tanks 15,20.080 Example of How to Figure Size and Location of Private system requirements 15.20.040 Ground Signs, Ch. 19.104, Appendix A Purpose of provisions 15.20.010 Examples of Well Proportioned Signs; Examples of Sanitary sewer, public, required, exceptions Signs Not Well Proportioned, Ch. 19.104, 15.20.030 Appendix C Septic tank requirements 15.20.080 exception; findings 19.104.290 Soil tests 15.20.050 freeway orientation 19.104.200 State contractor's license required when 15.20.090 gasoline station signs 19.104.170 Violations ground signs 19.104.160 designated 15.20.180 illegal signs recording notice 15.20.150 authority to remove in public right-of-way or on public property 19.104.340 SHEEP court action authorized 19.104.370 See ANIMAL deemed public nuisance 19.104.370 a private property 19.104.330 j SHERIFF public property 19.340.340 Bingo responsible parry for costs and fees inspection 5,32.180 19.104.360 license applicant investigation 5.32.210 storage, reclamation and disposal of staff change investigation 5.32.260 19.104.360 Private patrol summary removal authorized 19.104.350 identification card issuance 5.24.130 illumination restrictions 19.104.230 permit application approval 5,24.040 inspection requirements 19.104.060 uniform, equipment approval, inspection landmark signs 19.104.210; Ch. 19.104, 5.24.120 Appendix B message substitution 19.104.205 SHOPPING CENTER neon signs, exposed&visible 19.104.180 See also TRESPASSING nonconforming signs 19.104.310 Free speech activity restrictions 10.56.040 obstructions prohibited 19.104.080 penalty 19.104.380 j SHORT-TERM RENTAL ACTIVITY Administrative regulations and standards 5.08.080 Definitions 5.08.020 2020 S-78 Cupertino -Index 26 permanent SMOKING; REGULATION OF blade signs &logos, symbols or insignias See also TOBACCO PRODUCTS; 19.104.150 REGULATING THE SALE OF design criteria 19.104.220 Definitions 10.90.010 wall signs 19.104.140 Other requirements and prohibitions 10.90.030 window signs 19.104.150 Posting of signs 10.90.040 permit required 19.104.030 Smoking prohibited 10.90.020 private property, illegal signs 19.104.330 Violation-penalty 10.90.050 prohibited signs 19.104.110 purpose and intent 19.104.010 SOCIAL HOST RESPONSIBILITY responsible party for costs and fees 19.104.360 Definitions 10.05.010 sign program; applicability, requirements Penalties 10.05.030 and findings 19.104.130 Remedies cumulative 10.05.040 sign permit application; review criteria 19.104.050 Unlawful 10.05.020 application requirements 19.104.040 signs exempt from permit requirements 19.104.100 SODA FOUNTAIN signs in and near residential districts 19.104.190 See RESTAURANT signs in special planning districts 19.104.120 storage of removed signs 19.104.360 SOILS REPORT summary removal authorized 19.104.350 See BUILDING temporary SUBDIVISION flags 19,104.250 garage sales 19.104.250 SOLAR SYSTEMS location 19.104.240 Expedited Process for Small Rooftop Solar Systems political signs 19.104.250 Applicability 16.28.030 portable signs and displays 19.104.270 Application and documents 16.28.050 project announcement signs 19.104.260 Definitions 16.28.020 promotional devices 19,104.270 Intent 16.28.010 real estate signs 19.104.260 Permit review and inspection requirements special event banners 19.104.270 16.28.060 subdivision signs 19.104.250 Purpose 16.28.010 window signs 19.104.280 Solar energy system requirements 16.28.040 violation deemed infraction 19.104.380 SOLICITOR SINGLE-USE CARRYOUT BAGS See also STREETS, SIDEWALKS Administrative citation and fine 9.17.150 Administrative authority 5.20.100 Definitions 9.17.110 Business license Exemptions 9.17,140 See also BUSINESS LICENSE Findings 9.17.100 fee 5.04.290 Implementation date 9.17.120 Definitions 5.20.010 Purpose 9.17.100 Exemptions from provisions 5.20.015 Severability 9.17.160 Hours of operation 5.20.090 Restrictions 9.17.130 Identification permit denial, appeal 5.20.050 SKATEBOARDS display on demand 5.20.120 Defined 11.08.015 issuance 5.20.040 Prohibited where 11.08.270 nontransferable 5.20.110 Violations, penalties 11.08.280 revocation appeals 5.20.070 SMALL-INCOME BUSINESS grounds 5.20.060 j Business license Posting of premises 5.20.140 See also BUSINESS LICENSE Vehicle requirements 5.20.080 fee 5.04.450 Violation, penalty 5.20.130 � I 2020 S-78 26A Index 1 SOLID WASTE See GARBAGE RECYCLING AREAS; SOLID WASTE, NON-ORGANIC RECYCLING SPECIFIC PLAN See LAND DEVELOPMENT PLANNING SPORTING EVENT Regulations, permit See PARADES AND ATHLETIC EVENTS STORM DRAINAGE SERVICE CHARGE Adjustments, conditions 3.36.160 Amount See Imposed, determination, applicability Applicability See Exemptions Imposed, determination, applicability Collection See also Disputed charges Payment balance, procedure 3.36.090 omitted charges 3.36.100 procedure, regulations generally 3.36.080 i I i I I i I i i i 2020 S-78 Cupertino-Index 26B