2021 S-82 Supplement CUPERTINO, CALIFORNIA
Instruction Sheet
2021 S-82 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 10: PUBLIC PEACE, SAFETY AND MORALS
47, 48 47 through 52
TITLE 19: ZONING
1, 2 1, 2
6A, 6B 6A, 6B
9 through 20 9 through 20
87 through 90 87 through 90
105 through 108 105 through 108
115, 116 115, 116
131, 132 131, 132
- - 160A through 160D
211, 212 211, 212
217, 218 217, 218
COMPREHENSIVE ORDINANCE LIST
47, 48 47, 48
INDEX
5, 6 5, 6
9, 10 9, 10
13, 14 13, 14
17, 18 17, 18
25, 26 25, 26
41, 42 41, 42
kgw
6/2021
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-82 Supplement contains:
Local legislation current through Ordinance 21-2227, passed 6-1-2021
COPYRIGHT ° 2021
AMERICAN LEGAL PUBLISHING CORPORATION
10.90.010
CIIAPTER 10.90: REGULATION OF SMOKING
Section
10.90.010 Definitions. windows, whether open or closed, covering more than 50
10.90.020 Smoking prohibited. percent of the combined surface area of the vertical planes y
10.90.030 Multi-unit housing. constituting the perimeter of the area. A wall includes any
10.90.040 Other requirements and prohibitions. retractable divider, garage door, or other physical barrier,
10.90.050 Posting of signs. whether temporary or permanent.
10.90.060 Violation-penalty. H. "Landlord" means any person or agent of a
10.90.070 Nonretaliation. person who owns, manages, or is otherwise legally
responsible for a unit in a Multi-unit Residence that is leased
10.90.010 Definitions. to a residential tenant. For purposes of this ordinance, a
The following words and phrases, whenever used in tenant who sublets their unit (e.g., a sublessor) is not a j
this chapter, shall have the meanings defined in this chapter landlord.
unless the context clearly requires otherwise: I. "Multi-unit Residence" means property
A. "Business" means any sole proprietorship, containing two or more attached units, including, but not
partnership, joint venture, corporation, association, limited to, apartment buildings, condominiums, duplexes
landlord,or other entity formed for profit-making purposes. and triplexes, attached single-family homes, senior and
A Business also includes owner-operated entities with no assisted living facilities,and long-term health care facilities.
Employees in which the owner is the only worker. "Multi-unit Residences" do not include the following:
B. "Common Area" means every area of a 1. a hotel or motel that meets the requirements of
Multi-unit Residence that residents of more than one unit are California Civil Code section 1940(b)(2);
entitled to enter or use, including, but not limited to, halls, 2. a mobile home park;
pathways,lobbies,courtyards,elevators,stairs,community 3. a campground;
rooms, playgrounds, gym facilities, swimming pools, 4. a marina or port; and
parking garages, parking lots, grassy or landscaped areas, 5. a detached single-family home with or without an
restrooms,laundry rooms,cooking areas, and eating areas. attached or detached accessory dwelling unit, junior
C. "Dining Area" means any privately owned or accessory dwelling unit, or second unit.
publicly owned area, street, or sidewalk,which is available J. "Nonprofit Entity" means any entity that meets
or customarily used by the general public or an employee the requirements of California Corporations Code section
and which is designed, established, or regularly used for 5003 as well as any corporation,unincorporated association,
consuming food or drink. or other entity created for charitable, religious,
D. "Electronic smoking device" means any device philanthropic, educational, political, social, or similar
that may be used to deliver any aerosolized or vaporized purposes, the net proceeds of which are committed to the
substance to the person inhaling from the device,including, promotion of the objectives or purposes of the entity and not
but not limited to,an e-cigarette, e-cigar, e-pipe,vape pen, to private gain. A government agency is not a Nonprofit
or e-hookah. Entity within the meaning of this chapter.
E. "Employee"means any Person who is employed K. "Nonsmoking Area" means any area in which
or retained as an independent contractor by any Employer in smoking is prohibited by
consideration for direct or indirect monetary wages or 1. this chapter or other law;
profit, or any Person who volunteers his or her services for 2. binding agreement relating to the ownership,
an Employer. occupancy, or use of real property; or
F. "Employer" means any Business or Nonprofit 3. a person with legal control over the area.
Entity that retains the service of one or more Employees. L. "Person"means any natural person,partnership,
G. "Enclosed area"means all space between a floor cooperative association, corporation, personal
and a ceiling that is bounded by walls, doorways, or representative,receiver,trustee,assignee,or any other legal
entity, including government agencies.
2021 S-82 47
10.90.010 Cupertino-Public Peace, Safety and Morals 48
M. "Place of Employment"means any area under the T. "Unenclosed Area"means any area that is not an
legal or de facto control of an Employer that an Employee enclosed area.
or the general public may have cause to enter in the normal U. "Unit"means a personal dwelling space,even one
course of the operations, regardless of the hours of lacking cooking facilities or private plumbing facilities, and
operation. includes any associated exclusive-use area,such as a private
N. "Public Place" means any place, publicly or balcony, porch, deck, or patio. "Unit" includes, without
privately owned, which is open to the general public limitation, an apartment; a condominium; a townhouse; a
regardless of any fee or age requirement. room in a senior facility; a room in a long-term health care
O. "Reasonable distance" means a distance of 30 facility, assisted living facility, community care facility, or
feet in any direction from an area in which smoking is hospital; a room in a hotel or motel; a dormitory room; a
prohibited. room in a single-room occupancy facility; a room in a
P. "Recreational Area" means any outdoor area, homeless shelter; a mobile home; a camper vehicle or tent;
including streets and sidewalks adjacent to Recreational a single-family home; and an accessory dwelling unit,junior
Areas, owned or operated by the City of Cupertino and accessory dwelling unit, or second unit. (Ord. 21-2227
open to the general public for recreational purposes, (part),2021;Ord. 14-2121, §2,2014; Ord. 11-2077(part),
regardless of any fee or age requirement. The term 2011)
"Recreational Area" includes, but is not limited to parks,
picnic areas, playgrounds, sports fields, golf courses, 10.90.020 Smoking Prohibited.
walking paths, gardens,hiking trails,bike paths,horseback A. Smoking is prohibited in the following Enclosed
riding trails, swimming pools, roller-skating rinks, and Areas:
skateboard parks, and parking lot or other area designated 1. Places of Employment; and
or primarily used for parking vehicles of persons accessing 2. Public Places.
a Recreational Area. B. Smoking is prohibited by this chapter in all
Q. "Service Area" means any publicly or privately Enclosed Areas exempted by the California workplace law
owned area,including streets and sidewalks,that is designed (Labor Code section 6404.5(d), as that section may be
to be used or is regularly used by one or more Persons to amended from time to time)except as provided below.
receive a service, wait to receive a service, or to make a 1. Smoking at theatrical production sites is not
transaction, whether or not such service or transaction prohibited by this subsection if the theater general manager
includes the exchange of money. The term "Service Area" certifies that smoking is an essential part of the story and the
includes,but is not limited to, areas including or adjacent to use of a fake, prop, or special effect cannot reasonably
information kiosks, automatic teller machines (ATMs), convey the idea of smoking in an effective way to a
ticket lines, bus stops or shelters, mobile vendor lines, or reasonable member of the anticipated audience. This
cab stands. exception will not apply if minors are performers within the
R. "Smoke" means the gases, particles, or vapors production;
released into the air as a result of combustion, electrical 2. Smoking is not restricted by this subsection in up
ignition, or vaporization, when the apparent or usual to twenty percent(20%) of guest room accommodations in
purpose of the combustion, electrical ignition, or a hotel, motel, or similar transient lodging establishment.
vaporization is human inhalation of the byproducts, except C. Smoking is prohibited in the following
when the combusting or vaporizing material contains no Unenclosed Areas:
tobacco or nicotine and the purpose of inhalation is solely 1. Places of Employment;
olfactory, such as, for example, smoke from incense. The 2. Recreational Areas;
term "Smoke" includes, but is not limited to, tobacco 3. Dining Areas;
smoke, vapors from an electronic smoking device, and 4. Service Areas; and
marijuana smoke. 5. Public Places when being used for a public event,
S. "Smoking" means: including a farmer's market,parade,craft fair,or any event
1. inhaling, exhaling, or burning, any tobacco, which may be open to or attended by the general public,
nicotine, cannabis, or plant product, whether natural or provided that Smoking is permitted on streets and sidewalks
synthetic; being used in a traditional capacity as pedestrian or vehicular
2. carrying any lighted, heated, or activated thoroughfares,unless otherwise prohibited by this chapter or
tobacco, nicotine, marijuana, or plant product, whether other law.
natural or synthetic, intended for inhalation; or
3. using an "electronic smoking device."
2021 S-82
49 Regulation of Smoking 10.90.020
D. Reasonable Smoking Distance Required. example, playgrounds,tennis courts, swimming pools, and
1. Smoking in all Unenclosed Areas shall be school campuses;
prohibited within a Reasonable Distance in any direction 3. Be a Reasonable Distance in any direction from
from any operable doorway, window, opening, crack, or any operable doorway, window, opening or other vent into
vent into an Enclosed Area in which smoking is prohibited an enclosed area that is located at the Multi-unit Residence
under Section 10.90.020A,except while actively passing on and is a Nonsmoking Area;
the way to another destination and provided Smoke does not 4. Be a Reasonable Distance in any direction from
enter any area in which Smoking is prohibited. a Nonsmoking Area and/or any operable doorway,window,
2. Smoking in all Unenclosed Areas is prohibited opening or other vent into an enclosed area of adjacent
within a Reasonable Distance from any Unenclosed Areas private property;
in which Smoking is prohibited under Section 10.90.020A, 5. Have a clearly marked perimeter;
except while actively passing on the way to another 6. Have a receptacle for cigarette butts that is
destination and provided Smoke does not enter any area in emptied and maintained; and
which Smoking is prohibited. 7. Be identified by conspicuous signs.
3. The Smoking prohibitions in Section D. Smoking and the use of Electronic Smoking
10.90.020B.1 shall not apply to Unenclosed Areas of private Devices is prohibited in adjacent unenclosed property within
residential properties that are not Multi-unit Residences. a Reasonable Distance in any direction of any doorway,
E. Nothing in this chapter shall be construed to window, opening, or other vent into an enclosed area of a
prohibit Smoking in any area in which such Smoking is Multi-unit Residence.
already prohibited by state or federal law unless the E. Common Areas Free from Smoking Waste.
applicable state or federal law does not preempt additional Persons with legal control over common areas in Multi-unit
PP P P g
local regulation. Residences, and their authorized representatives, shall
F. No Person shall dispose of used Smoking waste ensure that all Common Areas except those meeting the
within the boundaries of an area in which Smoking is requirements of subsection(C)of this section remain free of
prohibited by this chapter. Smoking and tobacco waste, and ash trays, ash cans, or
G. Each instance of Smoking in violation of this other receptacles designed for or primarily used for disposal
chapter shall constitute a separate violation. For violations of smoking and tobacco waste.
other than Smoking, each day of a continuing violation of F. Signage. "No smoking" signs shall be posted as
this chapter shall constitute a separate violation. (Ord. required by Section 10.90.050 of this chapter, but are not
21-2227 (part), 2021; Ord. 14-2121, § 3, 2014; Ord-. required inside any unit of a Multi-unit Residence. Signs
11-2077(part), 2011) shall be maintained by the person or persons with legal
control over the common areas or the authorized
10.90.030 Multi-unit Housing. representative of such person.
A. Beginning October 1,2021,smoking is prohibited G. Lease Terms. Every lease or other rental
and no person shall smoke inside any new or existing unit of agreement for the occupancy of a new or existing unit in a
a Multi-unit Residence, in any enclosed or unenclosed Multi-unit Residence entered into, renewed, or continued
Common Area of a Multi-unit Residence, or within a month-to-month after October 1, 2021 shall include the
Reasonable Distance of any operable doorway, window, following:
opening, or vent of a Multi-unit Residence. 1. A clause providing that it is a material breach of
B. Smoking is prohibited in Multi-unit Residences as the agreement to Smoke or allow Smoking:
provided in subsection (A) of this section, except that a a. in the Unit,including exclusive-use areas such as
person with legal control over a Common Area, or balconies, porches, or patios; and
authorized representative, may designate a portion of the b. in any Common Area of the Multi-unit Residence
common area as a designated smoking area; provided, that other than a designated Smoking area.
at all times the designated smoking area complies with 2. A description of and/or image depicting the
subsection(C) of this section. location(s) of any designated Smoking area(s) on the
C. Designated Smoking Areas in Multi-unit property, if any.
Residences. A designated smoking area shall: 3. A clause expressly conveying third-party
1. Be an Unenclosed Area; beneficiary status to all occupants of the Multi-unit
2. Be a Reasonable Distance from Unenclosed Areas Residence as to the Smoking provisions of the lease or other
primarily used by children and unenclosed areas with rental agreement. Such a clause shall provide that any tenant
i improvements that facilitate physical activity including, for of the Multi-unit Residence may sue another tenant/owner to
2021 S-82
10.90.030 Cupertino-Public Peace, Safety and Morals 50
enforce the Smoking provisions of the agreement but that no enforcement of this chapter is at the sole discretion of the I'
tenant shall have the right to evict another tenant for a City of Cupertino. Nothing in this chapter shall create a
breach of the Smoking provisions of the agreement. right of action in any person against the City of Cupertino or
H. Whether or not a landlord complies with its agents to compel public enforcement of this article against
subsection(G) of this section, the clauses required by that any party.
subsection shall be implied and incorporated by law into B. Any person who violates any of the provisions of
every agreement to which subsection (G) of this section this chapter shall be guilty of an infraction and upon
applies and shall become effective as of the earliest possible conviction thereof shall be punished as provided in Chapter
date on which the landlord could have made the insertions 1.12 or, in the alternative, subject to enforcement action
pursuant to subsection(G) of this section. (Ord. 21-2227 pursuant to Chapter 1.10: Administrative Citations, Fines,
(part), 2021) and Penalties.
C. Any violation of this chapter is hereby declared to
10.90.040 Other Requirements and Prohibitions. be a public nuisance.
A. No ash can, ashtray, or other Smoking waste D. In addition to other remedies provided by this
receptacle shall be placed in any area in which Smoking is chapter or otherwise available at law or in equity, any
prohibited by this chapter. violation of this chapter may be remedied by a civil action
B. No Person shall dispose of used Smoking waste brought by the city attorney, including, without limitation,
within the boundaries of an area in which Smoking is administrative or judicial nuisance abatement proceedings,
prohibited by this chapter. civil code enforcement proceedings, and suits for injunctive
C. Persons owning or occupying property are relief.
responsible for maintaining the premises, including the E. Any person may bring a civil action to enforce
perimeter and the sidewalk in front of their premises, free this chapter to prevent future violations and may sue to
of loose litter, in accordance with Section 9.18.215. recover actual or statutory damages, including court costs,
D. The presence of Smoking waste receptacles in and attorney fees.
violation of subsection A. above or the absence of signs F. Owners, operators, property managers, and
shall not be a defense to a violation of any provision of this officers of homeowners' associations for residential T
chapter. properties, whether rental or owner-occupied, are required
E. Each instance of Smoking in violation of this to post signs in accordance with Section 10.90.050 and
chapter shall constitute a separate violation. For violations provide notice to residents or tenants of the requirements of
other than Smoking, each day of a continuing violation of this Chapter. Owners, operators, and property managers of
this chapter shall constitute a separate violation. (Ord. rental property must include the requirements of Section
21-2227(part), 2021; Ord. 11-2077(part), 2011) 10.90.030(G) in the lease or other rental agreement. If the
owners,operators,property managers,and officers of rental
10.90.050 Posting of Signs. property and homeowners' associations for residential
Where Smoking is prohibited by this chapter, a clear properties have satisfied these requirements, they shall not
conspicuous sign shall be posted at a conspicuous point be responsible for violations of the requirements of this
within the area. The sign shall have letters of no less than chapter by tenants or residents, or guests of tenants or
one inch in height and shall include, either the international residents.
"No Smoking" symbol (consisting of a pictorial G. An owner, operator, or manager("owner") of a
representation of a burning cigarette enclosed in a red circle commercial establishment shall not be responsible for
with a red bar across it) or "No Smoking" in words. Signs violations of this chapter within an area under owner's
are not required inside any unit of a Multi-unit Residence. control, by a patron or other member of the public
Notwithstanding this provision, the presence or absence of ("patron"); provided, that the owner:
signs shall not be a defense to a charge of Smoking in 1. Has posted signs in accordance with this chapter;
violation of any other provision of this chapter. (Ord. and
21-2227 (part), 2021; Ord. 14-2121, §4, 2014) 2. Has verbally asked the patron not to Smoke.
This limitation shall not limit the liability of an
10.90.060 Violation-Penalty. employer for the actions of employees in places of
A. The remedies provided by this article are employment, or any other violation of this chapter by the
cumulative and in addition to any other remedies available employer. (Ord. 21-2227(part), 2021; Ord. 14-2121, §5,
at law or in equity. Except as otherwise provided, 2014; Ord. 11-2077 (part), 2011)
2021 S-82
51 Regulation of Smoking 10.90.070
10.90.070 Nonretaliation.
No Person or Employer shall discharge,refuse to hire
on, or in any manner retaliate against any Employee or
applicant for employment because such Employee or
applicant makes a complaint regarding violation of this
chapter or exercises any rights granted to him or her under
this chapter. No Person or landlord shall terminate a
tenancy,or modify the terms of a tenancy,or in any manner
retaliate against any tenant because such tenant makes a
complaint regarding violation of this chapter or exercises
any rights granted to him or her under this chapter. (Ord.
21-2227(part), 2021)
2021 S-82
Cupertino - Public Peace, Safety and Morals 52
i
it
tF
TITLE 19: ZONING
Chapter
19.04 General Provisions
19.08 Definitions
19.12 Administration
19.16 Designations and Establishment of Districts
19.20 Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones
19.24 Agricultural (A) and Agricultural-Residential (A-1) Zones
19.28 Single-Family Residential (R-1) Zones
19.32 Residential Duplex (R-2) Zones
19.36 Multiple-Family Residential(R-3) Zones
19.40 Residential Hillside (RHS) Zones*
19.44 Residential Single-Family Cluster (R1C) Zones
19.48 Fences
19.52 Reasonable Accommodation
19.56 Density Bonus
19.60 General Commercial (CG) Zones*
19.64 Permitted, Conditional and Excluded Uses in Office and Industrial
Zoning Districts
19.68 Administrative and Professional Office (OA & OP) Zones
19.72 Light Industrial (ML) and Industrial Park (MP) Zones
19.76 Public Building (BA), Quasi-Public Building (BQ) and Transportation
(T) Zones
19.80 Planned Development (P) Zones
19.84 Permitted, Conditional and Excluded Uses in Open Space, Park and
Recreation and Private Recreation Zoning Districts
19.88 Open Space (OS) Zones
19.92 Park and Recreation (PR) Zones
19.96 Private Recreation (FP) Zone
19.98 Marijuana
19.100 Accessory Buildings/Structures
19.102 Glass and Lighting Standards
19.104 Signs
19.108 Beverage Container Redemption and Recycling Centers
19.112 Accessory Dwelling Units
19.116 Conversions of Apartment Projects to Common Interest Developments
19.120 Home Occupations
19.124 Parking Regulations
19.128 Adult-Oriented Commercial Activities
19.132 Concurrent Sale of Alcoholic Beverages and Gasoline
19.136 Wireless Communications Facilities
19.140 Nonconforming Uses and Nonconforming Facilities
19.144 Development Agreements
19.148 Required Artwork in Public and Private Developments
19.152 Amendments to the Zoning Maps and Zoning Regulations
19.156 Development Permits, Conditional Use Permits and Variances
19.160 Temporary Uses
19.164 Administrative Approval of Minor Changes in Projects*
19.168 Architectural and Site Review*
19.172 Below Market Rate Housing Program
2021 5-82 1
Cupertino-Zoning 2
6A Definitions 19.08.030
I "Amusement park"means a commercial facility which governed by Chapter 19.132, Concurrent Sale of Alcoholic
supplies various forms of indoor and outdoor entertainment Beverages and Gasoline.
and refreshments. "Automotive repair and maintenance (minor)" means
Animal: the supplying of routine automotive services such as
1. Animal,Adult. "Adult animal"means any animal lubrication,engine tune-ups, smog certificates, servicing of
four months of age or older. tires, brakes, batteries and similar accessories, and minor
2. Animal, Large. "Large animal" means any repairs involving engine accessories. Any repair which
equine,bovine, sheep, goat or swine or similar domestic or requires the engine, drive train, transmission assembly,
wild animal, as determined by the Planning Commission. exhaust system, or drive train parts to be removed from a
3. Animal, Small. "Small animal" means animals motor vehicle or requires the removal of internal parts shall j
which are commonly found in single-family residential areas not be considered minor.Body and paint shop operations are
such as chickens, ducks, geese, rabbits, dogs, cats, etc. not minor repairs or maintenance.
"Animal care" means a use providing grooming, "Average slope" means the ratio between vertical and
housing, medical care, or other services to animals, horizontal distance expressed in percent; the mathematical
including veterinary services,animal hospitals,overnight or expression is based upon the formula described below:
short-term boarding ancillary to veterinary care, indoor or
outdoor kennels, and similar services.
"Apartment" means a room or a suite of two or more __ I x L x 100
rooms which is designed for, intended for, and occupied by
one family doing its cooking there.
"Apartment house" means a building designed and S = Average slope of ground in percent;
used to house three or more families, living independently L = Combined length in feet of all contours on parcel;
of each other. I = Contour interval in feet;
"Apartment project" means a rental housing A = Area of parcel in square feet.
development consisting of two or more dwelling units. B. "B" Definitions:
"Approval Body" means the Director of Community `Banks" means financial institutions including
Development and his/her designee, the Planning federally-chartered banks, savings and loan associations,
Commission or City Council depending upon context. industrial loan companies,and credit unions providing retail
"Architectural feature" means any part or banking services to individuals and businesses. This
appurtenance of a building or structure which is not a classification does not include payday lending businesses or
portion of the living area of the building or structure. check cashing businesses. The term "payday lending
Examples include: cornices, canopies, eaves, awnings, business" as used herein means retail businesses owned or
fireplaces, or projecting window elements. Patio covers or operated by a"licensee"as that term is defined in California
any projection of the floor area shall not constitute an Financial Code Section 23001(d), as amended from time to
architectural projection. time. The term "check cashing business" as used herein
"Architectural projection," for purposes of the Sign means a retail business owned or operated by a "check
Ordinance, means any permanent extension from the casher" as that term is defined in California Civil Code
structure of a building, including the likes of canopies, Section 1789.31 as amended from time to time.
awnings and fascia. "Basement"means any floor below the first story in a
"Atrium" means a courtyard completely enclosed by building that is fully submerged below grade except for
walls and/or fences. lightwells required for light, ventilation and emergency 9
"Attic" means an area between the ceiling and roof of egress. A basement may have a maximum exterior wall
a structure, which is unconditioned (not heated or cooled) height of two feet between natural grade and ceiling.
and uninhabitable. "Bird-safe design" means when building design, site
"Automotive service station" means a use providing planning, design features, materials, exterior and interior
gasoline,oil,tires, small parts and accessories,and services lighting, are designed and developed to reduce hazardous
incidental thereto, for automobiles,light trucks, and similar conditions for birds.
motor vehicles.Automotive maintenance and repair(minor) "Bird-safe development" means development that
may be conducted on the site. The sale of food or grocery incorporates bird-safe design and bird-safe treatment.
items on the same site is prohibited except for soft drinks "Bird-safe treatment" means treatment to glass that
and snack foods,either from automatic vending machines or provides visual cues to birds and reduce the likelihood of
i from shelves. The sale of alcoholic beverages on the site is bird collisions.
2021 5-82
19.08.030 Cupertino-Zoning 6B
"Bird-sensitive area",for purposes of Chapter 19.102, "Car shelter" means a roofed structure or a part of a
Glass and Lighting Standards, means parcels that are in or building not enclosed by walls, intended and designed to
within 300 feet of the Wildland Urban Interface; within 300 accommodate one or more vehicles.
feet of watercourses; in Residential Hillside areas; and "Caretaker" means a person or persons employed for
within 300 feet of public and private,open spaces and parks the purpose of protecting the principal use of the property or
that are dominated by vegetation, including vegetated structure.
landscaping, forest, meadows, grassland, or wetlands. "Centerline"means the centerline as established by the
"Block" means any lot or group of contiguous lots County Surveyor of Santa Clara County,the City Engineer,
bounded on all sides by streets, railroad rights-of-way, or or by the State Division of Highways of the State of
waterways, and not traversed by any street, railroad California.
right-of-way or waterway. "Changeable copy sign" means any sign, or portion,
"Boarding house" means any building used for the which provides for each manual changes to the visible
renting of rooms or providing of table board for from three message without changing structural surfaces, including the
to five persons,inclusive,over the age of sixteen years,who likes of theater marquees and gasoline service station price
are not members of the same family. signs,but excluding electronic reader board signs and signs
"Building" means any structure used or intended for which display the current time or temperature.
supporting or sheltering any use or occupancy when any "Change of face"means any changes to the letter style,
portion of a building is completely separated from every size, color, background, or message.
other portion by a "Fire Barrier" as defined by the "Change of use"means the replacement of an existing
California Building Code,then each portion shall be deemed use by a new use, or a change in the nature of an existing
to be a separate building. use, but not including a change in ownership, tenancy or
1. "Attached building" means buildings which are management where the previous nature of the use, line of
structurally connected by any structural members or wall, business, or other function is substantially unchanged.
excluding decks,patios or fences. "Child"means a person who is under eighteen years of
"Building coverage" means that portion of the net lot age.
area encompassed within the outermost wall line which "Child day care facility" means a facility, licensed by
defines a building enclosure. the State or County, which provides non-medical care to t,
"Building frontage"means the length or the surface of children in need of personal services, supervision, or
the building wall which faces, and is visible to the general assistance essential for sustaining the activities of daily
public from, a private or public right-of-way or driveway. living or for the protection of the individual on less than a
"Business" or "commerce" means the purchase, sale twenty-four-hour basis. Child day care facility includes day
or other transaction involving the handling or disposition of care centers, employer sponsored child-care centers and
any article, substance or commodity for profit or livelihood, family day care homes.
including,in addition,office buildings,offices,shops for the "Church" means a use providing facilities for
sale of personal services, garages,outdoor advertising signs organized religious worship and religious education
and structures, hotels and motels, and recreational and incidental thereto, but excluding a private educational
amusement enterprises conducted for profit. facility. A property tax exemption obtained pursuant to
"Business or trade school" means a use, except a Section 3(f) of Article XHI of the Constitution of the State
college or university, providing education or training in of California and Section 206 of the Revenue and Taxation
business,commerce,language,or similar activity or pursuit, Code of the State of California, or successor legislation,
and not otherwise defined as a home occupation. constitutes prima facie evidence that such use is a church as
C. "C" Definitions: defined in this section.
"Canopy" means any roof-like structure, either "College" or "university" means an educational
attached to another structure or freestanding, or any institution of higher learning which offers a course of studies
extension of a roof line, constructed for the purpose of designed to culminate in the issuance of a degree or defined
protection from the elements or aesthetic purposes in by Section 94110 of the Education Code of the State of
connection with outdoor living. California, or successor legislation.
h
f
s
2021 S-82
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 a permanently passage of others upon that property. , 01
operated facility that provides temporary housing with "Fence height" means the vertical distance from the 9
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. "Noncomplyingfacili means a facility which 4. Services and mechanical equipment rooms•n'„ n' ,
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;
4 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 which the room is located, and which contains no kitchen
19.28.070(I); facilities.
2. Lightwells; H. "H" Definitions:
3. Attic areas; "Habitable floor"means the horizontal space between
4. Parking facilities, other than residential garages, a floor area of at least seventy square feet and the ceiling
accessory to a permitted conditional use and located on the height measuring at least seven feet six inches above it,
same site; except for a kitchen which shall have a ceiling height not
5. Roofed arcades, plazas, walkways, porches, less than seven feet above the floor.
breezeways, porticos, courts and similar features not "Habitable space" means space in a structure for
substantially enclosed by exterior walls. living, sleeping, eating or cooking. Bathrooms, toilet
"Floor area ratio" means the ratio of gross floor area compartment, closets, halls, storage or utility space and
on a lot to the lot area. similar areas are not considered habitable space.
"Foot-lambert" means a unit measurement of the "Heavy equipment" means any mechanical or
brightness of light transmitted through or reflected from an motorized device that is not a vehicle or a commercial
object or surface. vehicle as defined in Section 19.08.030(V), including, but
"Freeway"means any public roadway so designated by not limited to,a backhoe,cement mixer,crane,ditch witch,
the State of California. dozer,earth mover,generator,grader,tractor or any similar
"Front wall" means the wall of a building or other device.
structure nearest the street upon which the building faces, "Height" means a vertical distance measured parallel
but excluding certain architectural features as defined in this to the natural grade to the highest point of exterior
chapter. construction, exclusive of chimneys, antennas or other
G. "G" Definitions: appurtenances, except that entry features are measured to
"Garage" means an accessory building (completely the top of the wall plate.
enclosed) or an attached building used primarily for the Height restriction shall be established by establishing
storage of motor vehicles. a line parallel to the natural grade.
"Gasoline service station"means any place of business "Height", for purposes of the Accessory
which offers for sale any motor vehicle fuel to the public. Buildings/Structures, encompasses the entire wall plane
"Glare" means the effect produced by a light source nearest the property line, including roof, eaves, and any
within the visual field that is sufficiently brighter than the portion of the foundation visible above the adjoining finished
level to which the eyes are adapted, which causes grade.
annoyance, discomfort, or loss of visual performance and
ability.
"Glass features", for purposes of Chapter 19.102,
Glass and Lighting Standards, means such features as
free-standing glass walls, wind barriers, skywalks,
balconies, greenhouses, and rooftop appurtenances.
"Grade"or"finished grade"means the lowest point of
adjacent ground elevation of the finished surface of the
ground paving, or sidewalk, excluding areas where grade
has been raised by means of a berm, planter box, or similar
landscaping feature,unless required for drainage,within the
area between the building and the property line,or when the
property line is more than five feet from the building,
between the building and a line five feet from the building. HEIGHT LIMIT FOR ENTRY FEATURES
"Gross lot area" means the horizontal area included
within the property lines of a site plus the street area "Home occupation" means a business, profession,
bounded by the street centerline up to thirty feet distant from occupation or trade activity which is performed by the
the property line, the street right-of-way line and the resident(s)of a dwelling unit within that dwelling unit, or a
extended side yard to the street centerline. yard area,accessory structure or garage associated with that
"Guest room" means a room which is intended, dwelling unit, or a yard area, accessory structure or garage
arranged or designed to be occupied by occasional visitors associated with that dwelling unit, for purposes of
or nonpaying guests of the occupants of the dwelling unit in generating income, by means of the manufacture, and/or
2021 5-82
11 Definitions 19.08.030
sale of goods and/or services and/or by short-term rental J. "J" Definitions:
activity in compliance with Chapter 5.08,but which activity "Junkyard" means the use of more than two hundred
is clearly incidental to the principal use of the dwelling for square feet of the area of any lot for the storage or keeping
non-transient residential purposes. of junk, including scrap metals or other scrap material,
"Hospital" means a facility for providing medical, and/or for the dismantling or wrecking of automobiles or
psychiatric or surgical services for sick or injured persons, other vehicles or machinery.
primarily on an inpatient basis, and including ancillary K. "K" Definitions:
facilities for outpatient and emergency treatment,diagnostic "Kitchen" means an area in habitable space used for
services, training, research, administration, and service to the preparation of food and including at least three of the
patients, employees or visitors. following:
"Hotel" means a facility containing rooms or suites, 1. Cooking appliance(s) or provision for a cooking
solely occupied, intended or designed for use by guests on appliance such as 220V outlets, gas connections and space
a transient occupancy basis, including any guest amenities for appliances between counters;
such as swimming pools, gyms, restaurants, bars, meeting 2. Counter;
rooms, etc. A short-term rental is not a hotel. 3. Refrigerator;
"Household pets" means small animals commonly 4. Sink.
found in residential areas such as chickens, ducks, geese, L. "L" Definitions:
rabbits, dogs, and cats, but excluding animals such as any "Landscaping"means an area devoted to or developed
bovine or equine animal,or any goat, sheep or swine. This and maintained with native or exotic planting,lawn, ground
title does not regulate the keeping of small household pets, cover, gardens, trees, shrubs, and other plant materials,
such as fish, birds or hamsters, which is incidental to any decorative outdoor landscape elements, pools, fountains,
permitted use.However,no animal including household pets water features, paved or decorated surfaces of rock, stone,
may be kept, maintained and/or raised for commercial brick, block or similar material (excluding driveways,
purposes except where permitted with required permits. parking,loading or storage areas), and sculptural elements.
"Household type"means whether the occupants of the "Late evening activities" means an activity which
housing units are very low income,lower income,moderate maintains any hours of operation during the period of eleven
income, or senior citizens. p.m. to seven a.m.
"Housing development" means for the purposes of "Legal substandard lot"means any parcel of land or lot
Chapter 19.56, Density Bonus, a development project for recorded and legally created by the County or City prior to
five or more residential units. For the purposes of that March 17, 1980, which lot or parcel is of less area than
chapter, "housing development"also includes a subdivision required in the zone; or lots or parcels of record which are
or common interest development,approved by the City that reduced to a substandard lot size as a result of required
consists of residential units or unimproved residential lots street dedication unless otherwise provided in the City of
and either a project to substantially rehabilitate and convert Cupertino General Plan. The owner of a legally created,
an existing commercial building to residential use or the substandard property which is less than six thousand square
substantial rehabilitation of an existing multifamily dwelling, feet but equal to or greater than five thousand square feet
as defined in Government Code Section 65863.4(d), where may utilize such parcel for residential purposes. The owner
the result of the rehabilitation would be a net increase in of a legally created parcel of less than five thousand square
available residential units. feet may also develop the site as a single-family residential
I. "I" Definitions: building site if it can be demonstrated that the property was I
"Industrial district," for purposes of the Sign not under the same ownership as any contiguous property on
Ordinance, means all ML districts and any other zoning the same street frontage as of or after July 1, 1984.
classifications which are consistent with the industrial "Light Fixture" means a complete lighting unit
designation of the Cupertino general plan. consisting of one or more lamps, and ballast(s), where
"Institutional district," for purposes of the Sign applicable, together with the parts designed to distribute the
Ordinance, means all BQ, PR, FP, and BA districts and light, position and protect the lamp(s) and ballast(s), and
other zoning classifications and uses which are considered connect the lamp(s) to the power supply.
institutional in nature and are consistent with the institutional "Light trespass"means light emitted by a light fixture
or quasi-public designation of the general plan. that shines beyond the property on which it is installed.
"Lightwell" means an excavated area required by the
Uniform Building Code to provide emergency egress, light
I, and ventilation for below grade rooms.
2021 5-82
19.08.030 Cupertino - Zoning 12
i
"Liquor store" means a use requiring a State of line, or to the most distant point on any other lot line where
California "off-sale general license" (sale for off-site there is no clear rear lot line.
consumption of wine, beer and/or hard liquor) and having "Lot line" means any boundary of a lot.
fifty percent or more of the total dollar sales accounted for 1. "Front lot line" means on an interior lot, the lot
by beverage covered under the off-sale general license. line abutting a street, or on a corner lot, the shorter lot line
"Living space" means, for the purposes of Chapter abutting a street, or on a flag lot, the interior lot line most
19.112, the same as that set forth for "living area" in parallel to and nearest the street from which access is
California Government Code Section 65852.20)(4).All attic obtained. Lot line length does not include arc as identified
and basement square footage proposed as part of an on comer parcels.
Accessory Dwelling Unit shall be limited by the maximum 2. "Interior lot line"means any lot line not abutting
size allowed per Chapter 19.112. a street.
"Loading space" means an area used for loading or 3. "Rear lot line"means the lot line not intersecting
unloading of goods from a vehicle in connection with the use a front lot line which is most distant from and the most
of the site on which such space is located. closely parallel to the front lot line. A lot bounded by only
"Lot"means a parcel or portion of land separated from three lot lines will not have a rear lot line.
other parcels or portions by description,as on a subdivision 4. "Side lot line" means any lot line which is not a
or record of survey map, or by metes and bounds, for front or rear lot line.
purpose of sale, lease or separate use. 5. "Street lot line" means any lot line abutting a
1. "Corner lot" means a lot situated at the street.
intersection of two or more streets, or bounded on two or "Lot of record" means a lot which is part of a
more adjacent sides by street lines. subdivision recorded in the office of the County Recorder,
2. "Flag lot"means a lot having access to a street by or a lot or parcel described by metes and bounds which has
means of a private driveway or parcel of land not otherwise been recorded.
meeting the requirement of this title for lot width. "Lot width" means the horizontal distance between
3. "Interior lot"means a lot other than a corner lot. side lot lines, measured at the required front setback line.
4. "Key lot" means the first lot to the rear of a "Lower-income household"means a household whose
corner lot, the front line of which is a continuation of the gross income does not exceed that established by Health and
side line of the corner lot, and fronting on the street which Safety Code Section 50079.5, as may be amended.
intersects or intercepts the street on which the corner lot M. "M" Definitions:
fronts. "Major renovation," for purposes of Chapter 19.116,
"Lot area" means the area of a lot measured Conversions of Apartment Projects to Common Interest
horizontally between boundary lot lines, but excluding a Development, means any renovation for which an
portion of a flag lot providing access to a street and lying expenditure of more than one thousand dollars was made.
between a front lot line and the street, and excluding any "Major repair," for purposes of Chapter 19.116,
portion of a lot within the lines of any natural watercourse, Conversions of Apartment Projects to Common Interest
river, stream, creek, waterway, channel or flood control or Development,means any repair for which an expenditure of
drainage easement and excluding any portion of a lot more than one thousand dollars was made.
acquired,for access and street right-of-way purposes,in fee, "Major Transit Stop," for purposes of Chapter 19.56,
easement or otherwise. Density Bonus,means an existing site, or a site included in
"Lot coverage" means the following: the regional transportation plan, that contains a rail transit
1. "Single-family residential use" means the total station,a ferry terminal served by either a bus or rail transit
land area within a site that is covered by buildings,including service, or the intersection of two or more major bus routes
all projections,but excluding ground-level paving,landscape with a frequency of service interval of 15 minutes or less
features, lightwells, and open recreational facilities. Sheds during the morning and afternoon peak commute periods. A
are included in lot coverage. housing development is considered to be within one-half
2. "All other uses except single-family residential" mile of a major transit stop if all parcels within the housing
means the total land area within a site that is covered by development have no more than 25 percent of their area
buildings, but excluding all projections, ground-level farther than one-half mile from the stop and if not more than
paving,landscape features, and open recreational facilities. 10 percent of the units or 100 units,whichever is less,in the
"Lot depth" means the horizontal distance from the housing development are farther than one-half mile from the
midpoint of the front lot line to the midpoint of the rear lot stop as set forth in Government Code Section
65915(p)(3)(A), as may be amended.
2021 S-82
13 Definitions 19.08.030
1 "Manufacturing" means a use engaged in the Section 50093 of the Health and Safety Code, as may be
manufacture, predominantly from previously prepared amended.
materials,of finished products or parts,including processing "Multiple-family use" means the use of a parcel for
fabrication,assembly,treatment,packaging of products,but three or more dwelling units which may be in the same
excluding basic industrial processing of extracted or raw building or in separate buildings on the same parcel.
materials, processes utilizing inflammable or explosive "Muntins" means strips of wood, metal, or other
material (i.e., materials which ignite easily under normal materials that physically separate and support individual 1
manufacturing conditions), and processes which create panes of glass in a window or visually separate a single pane
hazardous or commonly recognized offensive conditions. of glass in a window into different sections.
"Massage" means any method of pressure on or N. "N" Definitions:
friction against or stroking, kneading, rubbing, tapping, "Natural grade"means the contour of the land prior to
pounding, vibrating or stimulating the external parts of the improvements or development,unless otherwise established
human body with the hands or with any mechanical or by a City approved grading plan that is part of a subdivision
electrical apparatus or other appliances or devices with or map approval.
without such supplementary aides as rubbing alcohol, "Nightclub" means an establishment providing
liniment,antiseptic,oil,powder,cream,lotion,ointment or alcoholic beverage service and late evening (past eleven
other similar preparations. p.m.) entertainment, with or without food service.
"Massage parlor"means a building or portion thereof, O. "O" Definitions:
or a place where massage is administered for compensation "Office" means:
or from which a massage business or service for 1. "Administrative or executive offices" including
compensation is operated which is not exempted or regulated those pertaining to the management of office operations or
by the Massage Establishment Ordinance as contained in the direction of enterprise but not including merchandising
Title 9, Health and Sanitation of the Cupertino Municipal or sales services.
Code, Chapter 9.06. 2. "Medical office" means a use providing
"Maximum allowable residential density,"for purposes consultation, diagnosis, therapeutic, preventative or
of Chapter 19.56, Density Bonus, means the maximum corrective personal treatment services by doctors, dentists,
density allowed under the zoning ordinance and land use medical and dental laboratories, and similar practitioners of
element of the general plan. For purposes of that Chapter, medical and healing arts for humans, licensed for such
if the maximum density allowed under the zoning ordinance practice by the State of California and including services
is inconsistent with the density allowed under the land use related to medical research, testing and analysis.
element of the general plan, the general plan density shall 3. "Professional offices"such as those pertaining to
prevail. the practice of the professions and arts including, but not
"Minor change"means an alteration or modification of limited to, accounting, architecture, dentistry, design,
an existing plan, development or project which is engineering, including associated testing and prototype
substantially inferior in bulk, degree or importance to the development, but excluding product manufacturing and/or
overall dimension and design of the plan, development or assembly,law and medicine,but not including sale of drugs
project with no change proposed for the use of the land in or prescriptions except as incidental to the principal uses and
question, no change proposed in the character of the where there is external evidence of such incidental use.
structure or structures involved, and no variance required. 4. "Office district," for purposes of the Sign
"Mobilehome" means a vehicle, other than a motor Ordinance,means those buildings or groups of buildings for
vehicle, designed or used as semi-permanent housing, which the permitted uses are professional offices, is within
designed for human habitation, for carrying persons and an OA or OP zone or which are designated for offices on the
property on its own structure, and for being drawn by a general plan.
motor vehicle, and shall include a trailer coach. "Offset"means the indentation or projection of a wall
"Mobilehome park" means any area or tract of land plane.
where lots are sold, rented, or held out for rent to one or "Open"means a space on the ground or on the roof of
more owners or users of mobilehomes, excluding a structure, uncovered and unenclosed.
travel-trailers, for the purpose of permanent or "Organizational documents"means the declaration of
semi-permanent housing. restrictions, articles of incorporation, bylaws and any
"Moderate income household" means a household contracts for the maintenance, management or operation of
whose gross income does not exceed that established by all or any part of a common interest development.
I
2021 S-82
19.08.030 Cupertino- Zoning 14
"Outdoor recreation use" means a privately owned or "Personal fitness training center" means a facility �!
operated use providing facilities for outdoor recreation providing space and equipment,with or without supervision,
activities, including golf, tennis, swimming,riding or other for group or individual athletic development,increased skill
outdoor sport or recreation, operated predominantly in the development in sports activity, or rehabilitative therapy for
open,except for accessory or incidental enclosed services or athletic injury.
facilities. "Perspective drawing" means a rendering of a
P. "P" Definitions: three-dimensional view depicting the height, width, depth,
"Park" means any open space, reservation, and position of a proposed structure in relation to
playground,swimming pool,golf course,recreation center, surrounding properties and structures when viewed from
or any other area in the City owned or used by the City or street level.
County and devoted to active or passive recreations. "Picnic area" means a facility providing tables and I
"Parking area" means an unroofed, paved area, cooking devices for preparation and consumption of meals
delineated by painted or similar markings, intended and out of doors or within an unenclosed shelter structure.
designed to accommodate one or more vehicles. "Practice range"means a facility providing controlled
"Parking facility" means an area on a lot or within a access to fixed or movable objects which are used to test and
building, or both, including one or more parking spaces, measure accuracy of discharge from a weapon.
together with driveways, aisles, turning and maneuvering "Private educational facility"means a privately owned
areas, clearances and similar features, and meeting the school, including schools owned and operated by religious
requirements established by this title. Parking facility organizations,offering instruction in the several branches of
includes parking lots, garages and parking structures. learning and study required to be taught in the public schools
1. "Temporary parking facility"means parking lots by the Education Code of the State of California.
which are not required under this title and which are "Primary residence"means residential real property at
intended as interim improvements of property subject to which a person resides a majority of the time, carries on
removal at a later date. basic living activities,and the place he or she usually returns
"Parking space" means an area on a lot or within a to, in the event of travel. Evidence, such as motor vehicle
building, used or intended for use for parking a motor registration,voter registration,a homeowner's exemption on r.
vehicle, having permanent means of access to and from a the property tax bill or other similar documentation,may be
public street or alley independently of any other parking required by the city to determine whether the property is the
space, and located in a parking facility meeting the primary residence.
requirements established by this title. Parking space is "Project improvements" means all public road
equivalent to the term "parking stall" and does not include improvements, undergrounding utility improvements, and
driveways, aisles or other features comprising a parking improvements to the on-site utility networks as required by
facility as previously defined in this chapter. the City of Cupertino for a common interest development.
"Pennant" means any lightweight plastic, fabric, or "Projection"means architectural elements,not part of
other material, whether or not containing a message of any the main building support, that cantilevers from a single
kind, suspended from a rope, wire, or string, usually in a building wall or roof, involving no supports to the ground
series, designed to move in the wind. other than the one building wall from which the element
"Permit" means a permit issued by the City Council, projects.
Planning Commission,Design Review Committee,Director "Promotional device"means any sign,display,fixture,
of Community Development,or any other decision body as placard,vehicle or structure that uses color, form, graphic,
empowered by the Cupertino Municipal Code, approving symbol, illumination or writing to advertise a special event
architecture, site improvements, buildings, structures, land or the opening of a new business.
and/or uses. Permits may include but shall not be limited to "Property" means real property which includes land,
Administrative Approvals, Two-story Permits, Minor that which is affixed to the land,and that which is incidental
Residential Permits, Architectural and Site Approvals, or appurtenant to the land as defined in Civil Code Sections
Development Permits,Conditional Use Permits,Exceptions, 658 through 662.
Variances or Subdivision Maps. 1. Property, Adjoining. "Adjoining property"
"Person" means an individual, group, partnership, means any unit of real property, excluding lands used as
firm, association, corporation, trust, governmental agency, public streets, sharing one or more common points with
governmental official, administrative body, or tribunal or another property.
any other form of business or legal entity.
f
K
2021 S-82
15 Definitions 19.08.030
"Property owner" means any person, legal entity, or 1. "Recycling center, Certified" or "Certified
association of individuals, that is the owner(s)of record of Processor" means a recycling facility certified by the
real property, as documented by a deed or other such California Department of Conservation as meeting the
evidence of ownership. requirements of the California Beverage Container
"Provider"means a person who operates a family day Recycling and Litter Reduction Act of 1986.
care home or a residential care facility and is licensed by the 2. "Recycling center,Mobile"means an automobile,
State of California. truck, trailer or van licensed by the Department of Motor
"Public dancehall" is a building or portion used for Vehicles, which is used for the collection of recyclable
dancing purposes to and in which the general public is material. A mobile recycling center also means the bins,
admitted and permitted to dance, upon payment of any fee boxes or containers transported by trucks, vans, or trailers
other than compensation, or upon payment of a charge for and used for the collection of recyclable materials.A mobile
admission,or for which tickets or other devices are sold,or recycling center may consist of an enclosed vehicle such as
in which a charge is made for the privilege of dancing with box cab or enclosed semi-trailer or an open vehicle such as
any other person employed for such purpose by the operator a flatbed trailer with bins or boxes to contain recyclable
of the establishment, including but not limited to taxi materials.
dances, but excluding restaurants, hotel rooms and "Recycling facilities" may include the following:
nightclubs in which the dancing is incidental only to other 1. "Collection facility" means a facility for the
entertainment. acceptance (donation, redemption or sale) of recyclable
Q. "Q" Definitions: materials from the public. Such a facility does not use
"Qualified applicant" is a person who has a legal or power-driven processing equipment except as indicated in
equitable interest in real property which is the subject of a Chapter 19.108, Beverage Container Redemption and
development agreement, determined pursuant to Section Recycling Centers. Collection facilities may include the
19.116.070. Qualified applicant includes an authorized following:
agent. a. Reverse vending machine(s);
"Qualifying resident" for purposes of Chapter 19.56, b. Small collection facilities which occupy an area
Density Bonus,of this Code,means a senior citizen or other of not more than five hundred square feet,and may include:
persons eligible to reside in a senior citizen housing i. A mobile recycling unit,
development. ii. Bulk reverse vending machine or a grouping of
R. "R" Definitions: reverse vending machines occupying more than fifty square
"Recreational open space" means open space within a feet,
common interest development (exclusive of required front iii. Kiosk type units and bulk vending machines,
setback areas) which shall be used exclusively for leisure iv. Unattended containers placed for the donation of
and recreational purposes, for the use and enjoyment of recyclable materials;
occupants (and their visitors) of units on the project and to C. Large collection facilities which may occupy an
which such occupants (and their visitors) have the right of area of more than five hundred square feet, or is on a
use and enjoyment. Accessory structures such as swimming separate property not appurtenant to a host use, and may
pools, recreational buildings and landscaped areas may be include permanent structures.
included as open space. 2. "Processing facility" means a building or
"Recyclable materials" means discards or waste enclosed space use for the collection and processing of I
materials that may be separated or mixed, collected and recyclable materials. Processing means the preparation of j
processed,and used as raw materials for new products. For material for efficient shipment or to an end-user's
purposes of Chapter 19.108, Beverage Container specifications, by such means as baling, briquetting,
Redemption and Recycling Centers,recyclable materials do compacting, flattening, grinding, crushing, mechanical
not include hazardous materials. sorting, shredding, cleaning, and remanufacturing.
"Recycling center" means a facility for the collection Processing facility includes the following:
and/or processing of recyclable materials. Recycling center a. A light processing facility occupies an area of
does not include storage containers or processing activity under forty-five thousand square feet of gross collection,
located on the premises of a commercial or manufacturing processing and storage area and has up to two outbound
use and use solely for the recycling of material generated by truck shipments per day. Light processing facilities are
that business or manufacturer. limited to baling, briquetting, crushing, compacting,
grinding, shredding and sorting of source-separated
recyclable materials and repairing of reusable materials
2021 S-82
19.08.030 Cupertino - Zoning 16
sufficient to qualify as a certified processing facility. A beverages shall be considered a separate bar facility. y
light processing facility shall not shred, compact, or bale Specialty food stores, such as ice cream stores, bakeries or
ferrous metals other than food and beverage containers. shops, shall not be considered fast-food restaurants.
b. A heavy processing facility is any processing 2. Restaurant, Full Service. "Full-service
facility other than a light processing facility. restaurant" means any restaurant which is not a fast-food
"Religious institution" means a seminary, retreat, restaurant. Alcoholic beverages may be served with meals
monastery,conference center,or similar use for the conduct at a customer's dining table;however,a separate bar facility
of religious activities including accessory housing incidental for serving alcoholic beverages is not permitted without a
thereto,but excluding a private educational facility.Any use use permit.
for which a property tax exemption has been obtained "Reverse vending machine(s)" means an automated
pursuant to Section 3(f) of Article XIII of the Constitution mechanical device which accepts one or more types of
of the State of California and Section 206 of the Revenue empty beverage containers, including, but not limited to
and Taxation Code of the State of California, or successor aluminum cans, glass and plastic bottles, and issues a cash
legislation, or which is used in connection with any church refund or a redeemable credit slip with a value not less than
which has received such an exemption, shall be prima facie the containers redemption value,as determined by the State.
presumed to be a religious institution. A reverse vending machine may sort and process containers
"Research and development" means a use engaged in mechanically provided that the entire process is enclosed
study, design, analysis and experimental development of within the machine. In order to accept and temporarily store
products, processes or services, including incidental all three container types in a proportion commensurate with
manufacturing of products or provisions of services to their relative redemption rates,and to meet the requirements
others. of certification as a recycling center, multiple grouping of
"Residential care facility"means a building or portion reverse vending machines may be necessary.
designed or used for the purpose of providing 1. A bulk reverse vending machine is a reverse
twenty-four-hour-a-day nonmedical residential living vending machine that is larger than fifty square feet; is
accommodations pursuant to the Uniform Building,Housing designed to accept more than one container at a time; and
and Fire Codes,in exchange for payment of money or other will pay by weight instead of by container.
consideration, where the duration of tenancy is determined, S. "S" Definitions:
in whole or in part,by the individual resident's participation "Screened"means shielded,concealed,and effectively
in group or individual activities such as counseling,recovery hidden from view at an elevation of up to eight feet above
planning,medical or therapeutic assistance.Residential care ground level on adjoining parcels,or from adjoining parcels,
facility includes, but is not limited to, health facilities as within ten feet of a lot line,by a fence, wall, hedge, berm,
defined in California Health and Safety Code (H&SC or similar structure, architectural or landscape feature, or
Section 1250 et seq.), community care facilities (H&SC combination thereof.
Section 1500 et seq.), residential care facilities for the "Senior citizens" means:
elderly (H&SC Section 1569 et seq.) or facilities for the 1. Persons at least sixty-two years of age; or
mentally disordered or otherwise handicapped(W&I Code 2. Persons at least fifty-five years of age or
Section 5000 et seq.), alcoholism or drug abuse recovery or otherwise qualified to reside in a senior citizen housing
treatment facilities (H&SC Section 11384.11), and other development, in accordance with State and federal law.
similar care facilities. "Senior citizen housing development"means a housing
"Residential district," for purposes of the Sign development with at least thirty-five dwelling units as
Ordinance, means the Rl, RHS, R2, R3, R1C, A, and Al defined in the Civil Code Section 51.3, or a mobilehome
zoning classifications which are consistent with the park that limits residency based on age requirements for
residential designation of the Cupertino general plan. housing for older persons pursuant to Section 798.76 or
Restaurant: 799.5 of the Civil Code, as may be amended.
1. Restaurant, Fast-Food. "Fast-food restaurant" "Setback line" means a line within a lot parallel to a
means a retail food service establishment in which prepared corresponding lot line, which is the boundary of any
foods or beverages are served or sold on or in disposable specified front, side or rear yard, or the boundary of any
containers, including those establishments where a public right-of-way or private road,whether acquired in fee,
substantial portion of the patrons may serve themselves and easement, or otherwise, or a line otherwise established to
may consume the food and beverages off-site. A separate govern the location of buildings, structures or uses. Where
bar facility for serving alcoholic beverages is not permitted. no minimum front, side or rear yards are specified, the
Any area, tables or rooms reserved for serving alcoholic setback line shall be coterminous with the corresponding lot
line.
2021 S-82
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
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
"Shielded fixture"means a light fixture that is shielded California Business and Professions Code.
or constructed so that light rays emitted by the lamp(s) are 8. "Garage sale signs" means any sign used for
projected below the horizontal plane passing through the advertising a garage or patio sale as defined in Chapter 5.16
lowest point on the light fixture. of the Cupertino Municipal Code.
"Shopping center" means a group of commercial 9. "Ground sign" means any sign permanently
establishments, planned, developed, owned or managed as affixed to the ground and not supported by a building
a unit, with off-street parking provided on the parcel. structure. The height of the sign shall be measured from the
"Shopping center," for purposes of the Sign grade of the adjoining closest sidewalk to the top of the sign
Ordinance,means a retail entity encompassing three or more including trim.
tenants within a single building or group of buildings, but 10. "Identification sign" means any sign whose sole
within which individual business located in defined tenant purpose is to display the name of the site and the names of
spaces are owned and managed separately from the shopping the occupants, their products or their services.
center management. 11. "Illegal sign" means any sign or advertising
"Short-term rental" means any legally permitted statuary which was not lawfully erected,maintained,or was
dwelling unit,or portion thereof,made available for rent on not in conformance with the provisions of this title in effect
a transient occupancy basis. Short-term rental use shall not at the time of the erection of the sign or advertising statuary
be considered a hotel. or which was not installed with a valid permit from the City.
"Sidewalk site triangle" is a triangular shaped area 12. "Illuminated sign" means any sign utilizing an
described in Cupertino Standard Detail 7-6. (See Appendix artificial source of light to enhance its visibility.
C, Cupertino Standard Detail; Sidewalk Site Triangle 13. "Informational sign" means any sign which
(Sidewalk Clearance at Driveway) promotes no products or services, but displays service or
"Sign"means any device,fixture,placard,or structure general information to the public, including the likes of
that uses any color, form,graphic, illumination,symbol,or hours of operation, rest room identifications and hazardous
writing to advertise,announce the purpose of,or identify the warnings.
purpose of a person or entity, to communicate information 14. "Landmark sign" means an existing, legal
q' of any kind to the public. non-conforming ground sign that has a distinctive
architectural style.
2021 5-82
19.08.030 Cupertino-Zoning 18
15. "Nonconforming sign" means any sign or 28. "Vehicle sign" means a sign painted on or r.
advertising statuary that was legally erected and had attached to an operable or movable vehicle; in the case of
obtained a valid permit in conformance with the ordinance motor vehicles, "operable" shall be defined as having a
in effect at the time of the erection of the sign but which valid license plate.
became nonconforming due to the adoption of the ordinance 29. "Wall sign" means any sign that is attached,
codified in this title. erected or painted on a structure attached to a building, a
16. "Obsolete sign" means any sign that displays canopy structure, or the exterior wall of a building with the
incorrect or misleading information, promotes products or exposed face of the sign parallel to the wall.
services no longer available at that site or identifies departed 30. "Window sign" means any sign that is intended
occupants. to be read from outside of the structure or painted on a
17. "Off-site sign"means any sign not located on the window facing a public street, parking lot, pedestrian plaza
premises of the business or entity indicated or advertised by or walkway accessible to the public.
the sign. This definition shall include billboards, poster "Sign Area" for an individually lettered sign without
panels, painted bulletins and other similar advertising a background, is measured by enclosing the sign copy with
displays. a continuous perimeter in simple rectilinear forms. (See
18. "On-site sign"means a sign directing attention to Appendix D for examples of sign area calculation)
a business,commodity,service or entertainment conducted, The sign area for a sign with borders and/or
sold or offered upon the same premises as those upon which background is measured by enclosing the exterior limits of
the sign is maintained. the border or background with a single continuous
19. "Political sign" means a temporary sign that perimeter. The necessary supports, uprights, and/ or the
encourages a particular vote in a scheduled election and is base on which such sign is placed, shall be excluded from
posted prior to the scheduled election. the sign area.
20. "Portable Sign or Display" means any outdoor When a sign is separated by thirty-six inches or more,
sign or display not permanently attached to the ground or a the area of each part may be computed separately.
structure on the premises it is intended to occupy and "Single family residence," for purposes of Chapter
displayed only during business hours. Portable sign or 19.112,shall mean one dwelling unit located on a separately
display includes A-frames, flower carts, statues, and other owned lot.Single family residence does not include property
similar devices used for advertising as determined by the with only air parcels or condominiums.
Director. "Specialty food stores" means uses such as bakeries,
21. "Project announcement sign" means any donut shops, ice cream stores, produce markets and meat
temporary sign that displays information pertinent to a markets, or similar establishments where food is prepared
current or future site of construction, including the likes of and/or sold primarily for consumption off the premises.
the project name, developers, owners and operators, "Site," for purposes of the Sign Ordinance, means a
completion dates, availability and occupants. piece of land as shown on a subdivision map, record of
22. "Projecting sign" means any sign other than a survey map or assessor's parcel map,which constitutes one
wall sign that is attached to and projects from a structure or development site and which may be composed of a single
building face or wall. unit of land or contiguous units under common ownership,
23. "Real estate sign" means a temporary sign control, or development agreement.
indicating that a particular premises is for sale,lease or rent. "Special event," for purposes of the Sign Ordinance
24. "Roof sign" means a sign erected between the means a temporary promotional event including, but not
lowest and highest points of a roof. limited to, a special sale on merchandise or services, or
25. "Street address sign"means any sign that displays grand openings.
only the street address number(s) of the site and, at the "Special Event Banner" means any temporary sign
option of the property owner, the street name. constructed of pliable materials such as canvas,fabric,vinyl
26. "Temporary Sign" means any sign, display, plastic or similar materials which will withstand exposure to
banner or promotional device which is designed or intended wind and rain without significant deterioration, and which
to be displayed only during the allowable business hours or does not require a building permit for its construction, or
for short periods of time as specified by the Director of installation outside of a building.
Community Development. "Special needs housing," for purposes of Chapter
27. "V-shaped signs" means any sign consisting of 19.56, Density Bonus, means any housing, including
two vertical faces, or essentially vertical faces, with one supportive housing,intended to benefit,in whole or in part,
common edge and which appears as the letter V when persons identified as having special needs relating to mental
viewed directly from above. health; physical disabilities; developmental disabilities, `
2021 S-82
19 Definitions 19.08.030
including without limitation intellectual disability, cerebral "Structurally attached" means any structure or
palsy, epilepsy, and autism; and risk of homelessness, and accessory structure or portion thereof,which is substantially
housing intended to meet the housing needs of persons attached or connected by a roof structure or similar physical
eligible for mental health services funded in whole or in part attachment.
by the Mental Health Services Fund, as set forth in "Supportive housing" (per Government Code Section
Government Code Section 65915(p)(3)(C), as may be 65582(f), as may be amended)means housing with no limit
amended. on length of stay, that is occupied by the target population,
"Specified anatomical areas" means: and that is linked to onsite or offsite services that assist the
1. Less than completely and opaquely covered supportive housing resident in retaining the housing, i
human genitals, pubic region, buttocks and female breast improving his or her health status, and maximizing his or
below a point immediately above the top of the areola; and her ability to live and, when possible, work in the
2. Human male genitals in a discernibly turgid state, community.
even if completely and opaquely covered. T. "T" Definitions:
"Specified sexual activities" means: "Target population" (per CA Government Code
1. Human genitals in a state of sexual stimulation or 65582(g), as may be amended) means persons with low
arousal; incomes having one or more disabilities, including mental
2. Acts of human masturbation, sexual intercourse illness, HIV or AIDS, substance abuse, or other chronic
or sodomy; health conditions, or individuals eligible for services
3. Fondling or other erotic touching of human provided under the Lanterman Developmental Disabilities
genitals, pubic region, buttocks or female breast. Services Act(Division 4.5(commencing with Section 4500)
"Story" means that portion of a building, excluding a of the Welfare and Institutions Code).
basement,between the surface of any floor and the surface "Tenant"means any person,legal entity,or association
of the next floor above it, or if there is no floor above it, of individuals that is a lessee of real property, as
then the space between the floor and the ceiling next above documented by a rental agreement, whether in writing or
it. otherwise.
"Street" means a public or private thoroughfare the "Transient" means any individual who exercises
design of which has been approved by the City which occupancy or is entitled to occupancy by reason of
affords the principal means of access to abutting property, concession, permit, right of access, license or other
including avenue, place, way, drive, lane, boulevard, agreement for a period of thirty consecutive calendar days
highway, road, and any other thoroughfare except an alley or less,counting portions of calendar days as full days, and
as defined in this chapter. including any individual who actually physically occupies
1. Street, Public. "Public street" means all streets, the premises, by permission of any other person entitled to
highways,lanes,places,avenues and portions and including occupancy.
extensions in the length and width, which have been "Transitional housing" (per CA Government Code
dedicated by the owners to public use, acquired for public 65582(h), as may be amended)means buildings configured
use, or in which a public easement for roadway purposes as rental housing developments,but operated under program
exists. requirements that call for the termination of assistance and
"Street frontage,"for purposes of the Sign Ordinance, recirculation of the assisted unit to another eligible program
means the length of a site along or fronting on a public or recipient at some predetermined future point in time,which
private street,driveway or other principal thoroughfare,but shall be no less than six months from beginning of
does not include such length along an alley, watercourse, assistance.
railroad right-of-way or limited access roadway or freeway. "Trim"means the molding,battens,cappings, nailing
"Structure" means that which is built or constructed, strips, lattice and platforms which are attached to a sign.
an edifice or building of any kind, or any piece of work U. "U" Definitions:
artificially built up or composed of parts joined together in "Unobstructed Access," for purposes of Chapter
some definite manner. 19.56, Density Bonus, means access to a location if a
1. Structure,Recreational. "Recreational structure" resident is able to access the location without encountering
means any affixed accessory structure or portion, which natural or constructed impediments, as set forth in
functions for play, recreation or exercise(e.g.,pool slides, Government Code Section 65915(p)(2),as may be amended.
playhouses, tree houses, swings, climbing apparatus, "Uplighting" means the placement and orientation of
gazebos, decks, patios, hot tubs and pools) but does not light fixtures such that light rays are directed upward.
include portable play structures, such as swings or climbing
apparatus.
2021 5-82
19.08.030 Cupertino- Zoning 20
"Use" means the conduct of an activity, or the limited to, trailers, motor coach homes, converted trucks
performance of a function or operation, on a parcel or in a and buses, and boats and boat trailers.
building or facility. "Very low income household" means a household
1. "Accessory use"means a use which is incidental whose gross income does not exceed that established by
to and customarily associated with a specified principal use. Health and Safety Code Section 50105,as may be amended.
2. "Conditional use" means a use listed by the "Visual privacy intrusion"means uninterrupted visual
regulations of any particular district as a conditional use access from a residential dwelling or structure into the
within that district, and allowable solely on a discretionary interior or exterior areas of adjacent residential structures,
or conditional basis, subject to issuance of a conditional use which area is either completely or partially private,designed
permit, and to all other regulations established by this title. for the sole use of the occupant, and/or which serves to
3. "Nonconforming use" means a use which is not fulfill the interior and/or exterior privacy needs of the
a permitted use or conditional use authorized within the impacted residence or residences.
district in which it is located, but which was lawfully W. "W" Definitions:
existing on October 10, 1955; or the date of any "Watercourse",for purposes of Chapter 19.102,Glass
amendments thereto, or the application of any district to the and Lighting Standards, means any natural or artificial
property involved, by reason of which adoption or arroyo, canal, channel, natural conduit, creek, culvert,
application the use became nonconforming. ditch, gully, lake, ravine river, stream, waterway, or wash
4. "Permitted use" means a use listed by the or other topographic feature on or over which waters flow
regulations of any particular district as a permitted use at least periodically and adjacent areas in which substantial
within that district,and permitted therein as a matter of right flood damage may occur from overflow or inundation.
when conducted in accord with the regulations established X. "X" Definitions:
by this title. None.
5. "Principal use" means a use which fulfills a Y. "Y" Definitions:
primary function of a household, establishment, institution, "Yard"means an area within a lot,adjoining a lot line,
or other entity. and measured horizontally, and perpendicular to the lot line
"Useable rear yard" means that area bounded by the for a specified distance, open and unobstructed except for
rear lot line(s)and the rear building line extended to the side activities and facilities allowed therein by this title.
lot lines. The side yard adjacent to a proposed minor 1. "Front yard" means a yard measured into a lot
addition (e.g., addition equaling ten percent or less of the from the front lot line, extending the full width of the lot
principal structure)may be included in calculation of usable between the side lot lines intersecting the front lot line.
rear yard area. 2. "Rear yard" means a yard measured into a lot
V. "V" Definitions: from the rear lot line, extending between the side yards;
"Variance application"means an application for which provided that for lots having no defined rear lot line, the
an exception process is not identified in the Municipal Code. rear yard shall be measured into the lot from the rearmost
"Vehicle" means any boat, bus, trailer, motor home, point of the lot depth to a line parallel to the front lot line.
van, camper(whether or not attached to a pickup truck or 3. "Side yard" means a yard measured into a lot
other vehicle),mobilehome,motorcycle,automobile,truck, from a side lot line, extending between the front yard and
pickup, airplane, boat trailer, truck tractor, truck trailer, rear lot line.
utility trailer or recreational vehicle,or parts,or any device Z. "Z" Definitions:
by which any person or property may be propelled, moved None. (Ord. 21-2225, Att. A (§ 2), 2021; Ord.
or drawn upon a public street, excepting a device moved 20-2200, § 5, 2020; Ord. 20-2199, §§ 1 - 3, 2020; Ord.
exclusively by human power. 17-2170, § 1, 2017; Ord. 17-2169, § 2, 2017; Ord.
1. Vehicle, Commercial. "Commercial vehicle" 17-2165, § 2, 2017; Ord. 16-2157, §§ 1, 2, 2016; Ord.
means a vehicle of a type required to be registered under the 16-2159, §§ 1-4, 2016; Ord. 16-2149, § 3, 2016; Ord.
California Vehicle Code used or maintained for the 16-2140, §§ 1-5, 2016; Ord. 14-2125, § 3 (part), 2014;
transportation of persons for hire,compensation,or profit or Ord. 2085, § 2 (part), 2011; Ord. 11-2074, (part), 2011;
designed, used, or maintained primarily for the Ord. 2056, (part), 2010; Ord. 1894, § 1, 2002; Ord. 1891,
transportation of goods. (part), 2002; Ord. 1863, (part), 2000; Ord. 1809, 2000;
2. Vehicle,Recreation. "Recreation vehicle"means Ord. 1784, (part), 1998; Ord. 1725, (part), 1996; Ord.
a vehicle towed or self-propelled on its own chassis or 1688, §3(part), 1995; Ord. 1657, (part), 1994; Ord. 1654,
attached to the chassis of another vehicle and designed or 1994; Ord. 1637, (part), 1993; Ord. 1635, (part), 1993;
used for temporary dwelling, recreational or sporting Ord. 1618, (part), 1993; Ord. 1607, § 1, 1992; Ord. 1601, L`
purposes. The term recreation vehicle includes, but is not Exh. A (part), 1992)
2021 S-82
87 Residential Hillside (RHS) Zones 19.40.060
Table 19.40.060: Building Development Regulations(Cont.)
E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from i. Average of 7 feet 6 inches for 75% of the second story downhill facing wall plane
First Floor shall be setback and
Downhill Wall ii. Not less than five feet.
Plane iii. The remaining 25% may not extend past the first story wall plane.
b. Multiple Offset shall apply only the primary setback affected.
Downhill
Facing Wall
Planes
c. Offset from i. Offset may be measured from the outside perimeter of first-story roofed porches.
First Floor ii. Roof of the porch must match, in pitch and style, the roof of the main structure.
Roofed iii. Porch must be at least 5 feet in width and extend the length of the wall on which it
Porches is located.
2. Maximum Wall 15 feet
Height on
Downhill
Elevation
F. Permitted Yard Encroachments
1. Extension of a a. Where a building legally constructed according to existing first floor yard and
Legal setback regulations at the time of construction encroaches upon present required
Non-conforming first floor setbacks, one encroaching side of the existing structure may be extended
Wall Plane for along existing building lines.
structures not b. Only one such extension shall be permitted for the life of the building.
located within a C. Encroachments into a required yard which are the result of the granting of a
prominent variance may not be further extended.
ridgeline site line d. Further encroachment into a required setback is not allowed. I.e., a
non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed closer than three
feet to any property line.
2. Architectural a. May extend into a required yard a distance not exceeding three feet.
Features b. No architectural feature, or combination thereof, whether a portion of a principal
or accessory structure, may extend closer than three feet to any property line.
G. Accessory Structures As allowed by Chapter 19.100, Accessory Buildings/Structures
(including attached
patio covers)
H. Design Standards
1. Building and Roof Forms
a. Natural Building shall follow as closely as possible the primary natural contour of the lot.
Contours
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19.40.060 Cupertino- Zoning 88
Table 19.40.060: Building Development Regulations (Cont.)
H. Design Standards (Cont.)
1. Building and Roof Forms (Cont.)
b. Building Mass The main building mass shall be on the upslope side of the building and the roof pitches
and Roof shall trend downslope.
Pitches
c. Second Story Permitted within the second story setbacks as long as they are minor in shape and size.
Dormers
d. Downhill Shall have a minimum of four offset building and roof elements to provide varied
Elevation of building forms to produce shadow patterns which reduce the impact of visual mass.
main structure
e. High Wall Wall planes exceeding one story or 20 feet in height, whichever is more restrictive,
Planes shall contain architectural elements in order to provide relief and to break up expansive
wall planes.
2. Colors
a. Natural Earth All structures on the lot shall use natural earth tone and/or vegetation colors which
Tones complement the natural surroundings. Natural earth-tone and vegetation colors include
natural hues of brown, green and shades of gray.
b. Reflectivity Shall not exceed 60 on a flat surface
Value
3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19.102.
2021 S-82
i
r
89 Residential Hillside (RHS) Zones 19.40.060
Table 19.40.060: Building Development Regulations (Cont.)
I. Geologic and Soils Reports
1. Applicability A geological report prepared by a certified engineering geologist and a soils report
prepared by a registered civil engineer qualified in soils mechanics by the State shall be
submitted prior to issuance of permits for construction of any building or structure
which:
a. Is located on property in an RHS zoning district which has been designated by the
General Plan to be within a geological hazard area; and
b. Where an addition, alteration or repair of an existing building or structure include
at least one of the following:
i. The improvements include increasing the occupancy capacity of the dwelling
such as adding a bedroom or secondary unit, or
ii. The cost of the completed addition, alteration or repairs will, during any
period of twelve months, exceed twenty-five percent of the value of the
existing improvements as determined by the building official based on current
per foot value of the proposed structure to the existing structure's value on a
parcel of property. For the purposes of this section, the value of existing
improvements shall be deemed to be the estimated cost to rebuild the
improvements in kind, which value shall be determined by the building
official.
2. Content of These reports shall contain, in addition to the requirements of Chapter 16.12 of this
Reports code, the following:
a. All pertinent data, interpretations and evaluations, based upon the most current
professionally recognized soils and geologic data;
b. The significance of the interpretations and evaluations with respect to the actual
development or implementation of the intended land use through identification of
any significant geologic problems, critically expansive soils or other unstable soil
conditions which if not corrected may lead to structural damage or aggravation of
these geologic problems both on-and off-site;
C. Recommendations for corrective measures deemed necessary to prevent or
significantly mitigate potential damages to the proposed project and adjacent
properties or to otherwise insure safe development of the property;
d. Recommendations for additional investigations that should be made to insure safe
development of the property;
e. Any other information deemed appropriate by the City Engineer.
3. Incorporation of All building and site plans shall incorporate the above-described corrective measures
Recommend- and must be approved by the City Engineer, prior to building permit issuance.
ations
J. Private Roads and Driveways
1. Pavement Width The pavement width and design for a private road or common driveway serving two to
and Design five lots and a single-lot driveway shall comply with development standards contained
in the Hillside Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal The property owner for a lot served by a private road or common driveway shall, prior
Ingress/Egress to issuance of building permits, record an appropriate deed restriction guaranteeing the
Easement and following, to adjoining property owners who utilize the private road or common
Reciprocal driveway for the primary access to their lot(s):
Maintenance a. Reciprocal ingress/egress easement, and
Agreement b. Participation in a reciprocal maintenance agreement.
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19.40.060 Cupertino -Zoning 90
Table 19.40.060: Building Development Regulations (Cont.)
K. Solar Design The setback and height restrictions provided in this chapter may be varied for a
structure utilized for passive or active solar purposes, provided that no such structure
shall infringe upon solar easements or adjoining property owners. Variation from the
setback or height restrictions of this chapter may be allowed only upon issuance of an
Administrative Conditional Use Permit subject to Chapter 19.12.
(Ord. 21-2225, Att. A(§ 3), 2021; Ord. 17-2165, § 9, 2017; Ord. 2085, §2(part), 2011)
19.40.070 Exception for Development of Certain 8. The proposed development does not consist of
Individual Hillside Lots. structures which would disrupt the natural silhouette of
A. With respect to a request for development of a ridgelines as viewed from established vantage points on the
legally created individual hillside lot which does not meet valley floor unless either:
the development requirements contained in Section a. The location of a structure on a ridgeline is
19.40.050, the Approval Body may grant an exception to necessary to avoid greater negative environmental impacts;
allow development in accord with the requirements of or
Chapter 19.12, if: b. The structure could not otherwise be physically
1. The subject property cannot be merged with located on the parcel and the size of the structure is the
adjacent property pursuant to Government Code Sections minimum which is necessary to allow for a reasonable use
66451.10- 66451.21; and of the parcel. (See General Plan Policies 2-46, 2-47 and
2. The Approval Body, based upon substantial 2-48.)
evidence, makes all of the findings in Section 19.40.080. 9. The proposed development consists of structures
(Ord. 2085, § 2(part), 2011) incorporating designs, colors, materials, and outdoor
lighting which blend with the natural hillside enviromnent
19.40.080 Hillside Exception—Findings. and which are designed in such a manner as to reduce the
The Approval Body may grant a request for a Hillside effective visible mass,including building height, as much as
Exception only if all of the following findings are made: possible without creating other negative environmental
1. The proposed development will not be injurious impacts. (See General Plan Policies 2-46, 2-50, 2-51 and
to property or improvements in the area nor be detrimental 2-52.)
to the public health and safety. 10. The proposed development is located on the
2. The proposed development will not create a parcel as far as possible from public open space preserves or
hazardous condition for pedestrian or vehicular traffic. parks(if visible there from),riparian corridors,and wildlife
3. The proposed development has legal access to habitats unless such location will create other,more negative
public streets and public services are available to serve the environmental impacts. (See General Plan Policies 2-55,
development. 5-14 and 528.)
4. The proposed development requires an exception 11. The proposed development includes a landscape
which involves the least modification of, or deviation from, plan which retains as many specimen trees as possible,
the development regulations prescribed in this chapter which utilizes drought-tolerant native plants and ground
necessary to accomplish a reasonable use of the parcel. covers consistent with nearby vegetation, and which
5. All alternative locations for development on the minimizes lawn areas. (See General Plan Policies 2-54,5-15
parcel have been considered and have been found to create and 5-16.)
greater environmental impacts than the location of the 12. The proposed development confines solid fencing
proposed development. to the areas near a structure rather than around the entire
6. The proposed development does not consist of site. (See General Plan Policy 5-17.)
structures on or near known geological or environmental 13. The proposed development is otherwise consistent
hazards which have been determined by expert testimony to with the City's General Plan and with the purposes of this
be unsafe or hazardous to structures or persons residing chapter as described in Section 19.40.010.
therein. (See General Plan Policies 2-49.) (Ord. 2085, § 2(part), 2011)
7. The proposed development includes grading and
drainage plans which will ensure that erosion and scarring
of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized. (See
General Plan Policies 2-53, 2-54 and 2-57.)
2021 S-82
19.56.010
CHAPTER 19.56: DENSITY BONUS
Section
19.56.010 Purpose. care facility in accordance with Section 19.56.030D, is
19.56.020 Eligibility for density bonus. entitled to an additional density bonus;
19.56.030 Density bonus. C. Housing developments on sites occupied by rental
19.56.040 Incentives or concessions, waivers housing in the five-year period preceding the date of
and reduction of parking standards. submittal of a density bonus application must either meet or
19.56.050 General requirements. provide:
19.56,060 Application requirements. (1) Affordable units in accordance with Section
19.56.070 Findings. 19.56.020A; or
(2) Replacement affordable units in accordance with
Government Code Section 65915(c)(3)(B), whichever
19.56.010 Purpose. requires a greater number of affordable units.
The density bonus ordinance codified in this chapter is D. An applicant may also submit a proposal for
intended to comply with the State Density Bonus Law, specific incentives or concessions to be granted in
Government Code Section 65915, which provides that a conjunction with the density bonus, as provided in Section
local agency shall adopt an ordinance specifying how the 19.56.040;
agency will comply with that section. (Ord. 16-2149, § 8, E. The granting of a density bonus, incentive or
2016) concession, in and of itself, shall not require a general plan
amendment, zone change, or other discretionary approval
19.56.020 Eligibility for Density Bonus. and shall be reviewed concurrently with the review of the
A. Housing developments resulting in a net increase housing development. (Ord. 16-2149, § 8, 2016)
of at least five units (excluding density bonus units) are
eligible for a density bonus as provided in this chapter,when 19.56.030 Density Bonus.
the applicant for the housing development agrees or A. Housing developments that meet the criteria in
proposes at least one of the following and meets the Section 19.56.020A(1) and Section 19.56.020C, if
requirements of Section 19.56.020C, if applicable: applicable, are eligible for a maximum density bonus as set
1. Construct: forth in Table 19.56.030.
a. Ten percent of the total units affordable to lower
income households at affordable rent or affordable housing Table 19.56.030: Density Bonus Calculations
cost; or
b. Five percent of the total units affordable to very Proportion of
low income households at affordable rent or affordable Income Level Total Affordable Maximum
housing cost; or of unit Dwelling Units Density Bonus
C. Ten percent of the total units proposed in a
common interest development for sale to moderate income Very Low 5% 20%
households, provided that all units in the development are Income
offered to the public for purchase; or 6% - 12% 22.5% -37.5% I
d. A senior citizen housing development.
2. Donate land in accordance with Section 13% or more 40%
19.56.030C; Low Income 10% 20%
3. Provide affordable housing in a condominium
conversion project in accordance with Section 19.56.030E. 11% -22% (2) 21.5% - 38%
B. In addition to meeting the requirements of
19.56.020A, a housing development which includes a child 23% or more 40%
2021 S-82 105
19.56.030 Cupertino - Zoning 106
C. The transferred land is at least one acre in size or �F
Proportion of Income Level Total Affordable Maximum of sufficient size to permit development of at least 40 units,
of unit Dwelling Units Density Bonus has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards
Moderate Income 10% 5% for development at the density described in Government
(Common interest Code Section 65583.2(c)(3), and is or will be served at the
developments) l l% -44% ts> 6% - 39% time of construction, by adequate public facilities and
infrastructure.
45% or above 40% d. The transferred land shall have all of the permits
For each 1% increase over 5% of the target units, and approvals,other than building permits,necessary for the
the density bonus shall be increased by 2.5%, up to a development of the very low income housing units on the
maximum of 40%. transferred land no later than the date of approval of the
(2)For each 1% increase over 10% of the target units, final subdivision map, parcel map, or building permit,
the density bonus shall be increased by 1.5%, up to a whichever occurs first, except that the City may subject the
maximum of 40%. proposed development to subsequent design review to the
(s)For each 1% increase over 10% of the target units, extent authorized by Government Code Section 65583.2(i)
the density bonus shall be increased by 1%, up to a if the design is not reviewed by the City prior to the time of
maximum of 40%. transfer.
e. The land shall be transferred to the City or to a
housing developer approved by the City. The City may
B. Senior housing developments are entitled to a require the applicant to identify and transfer the land to the
maximum density bonus of 20 percent provided the developer.
development comprises of at least 35 units, conforms to f. The transferred land shall be within the boundary
Civil Code Section 51.3 and the units are reserved for of the proposed development or, if the City agrees, within
qualifying residents. The development does not have to one-quarter mile of the boundary of the proposed
provide affordable units unless subject to Section development.
19.56.020C. g. A proposed source of funding for the very low
C. Donation of Land: income units shall be identified not later than the date of
1. When an applicant donates land to the City or to approval of the proposed housing development.
a housing developer approved by the City in accordance h. The transferred land and the affordable units shall
with the requirements of Section 19.56.030C(2) and meets be subject to a deed restriction ensuring continued
the requirements of Section 19.56.020C, the development affordability of the units consistent with Section
shall be entitled to a 15 percent density bonus. The 19.56.050A, such deed restriction shall be recorded at the
development is entitled to an additional one percent density time of transfer.
bonus for the donation of land that would allow the
development of an additional one percent of affordable units
above the minimum requirements in Section 19.56.020A(1),
up to a maximum of 35 percent.
2. The donation of land must meet the following
requirements:
a. The land shall be donated and transferred no later
than the date of approval of the housing development, final
subdivision map,parcel map,or building permit,whichever
occurs first.
b. The developable acreage and zoning classification
of the land being transferred are sufficient to permit
construction of units affordable to very low income
households in an amount not less than ten percent of the
number of residential units of the proposed development.
i
2021 S-82
107 Density Bonus 19.56.030
D. Provision of Child Day Care Facilities 2. The City may place such reasonable conditions on
1. When a housing development is proposed that the granting of a density bonus or other incentives of
contains affordable housing, as provided in Section equivalent financial value as the City finds appropriate. The
19.56.030A and Section 19.56.030C, and includes a child proposed lower or moderate income units shall be subject to
day care facility that will be located on the premises of, as a deed restriction ensuring continued affordability to lower
part of,or adjacent to,the project,the City shall grant either or moderate income households consistent with Section
of the following if requested by the developer: 19.56.050A.
a. An additional density bonus in residential square 3. An application shall be ineligible for a density
footage that is equal to or greater than the square footage of bonus or other incentives under this section, if the
the child day care facility. apartments proposed for conversion constitute a housing
b. An additional concession or incentive that development for which a density bonus or other incentives
contributes significantly to the economic feasibility of the were previously provided under Government Code Section
construction of the child day care facility in accordance with 65915 or this Chapter.
Section 19.56.040. 4. Nothing in this section shall be construed to
2. The City shall also require that as a condition of require the City to approve a proposal for a condominium
approving the housing development: conversion. Condominium conversions are subject to the
a. The child day care facility shall remain in requirements of Chapter 19.116.
operation for a period of time that is as long as or longer F. Density Bonus Calculations:
than the period of time during which the affordable units are 1. A density bonus may be selected from only one
required to remain affordable. category listed in Section 19.56.020A(l),except that density
b. Of the children who attend the child day care bonuses for land donation may be combined with others,up
facility, the children of very low income households, lower to a combined maximum of 40 percent, and an additional
income households, or families of moderate income shall square-foot bonus may be granted for a child day care
equal a percentage that is equal to or greater than the facility as provided in Section 19.56.030C.
percentage of dwelling units that are required for very low 2. In determining the number of density bonus units
income households,lower income households,or families of to be granted, any fractions of density bonus units shall be
moderate income. rounded up to the next whole number.
3. Notwithstanding any requirement of Section
19.56.030D, the City shall not be required to provide a
density bonus or concession for a child day care facility if
the City finds,based upon substantial evidence,that the City
has adequate child day care facilities.
E. Condominium Conversions
1. When an applicant for approval of a condominium
conversion agrees to provide at least 33 percent of the total
units of the proposed condominium project to low or
moderate income households,or 15 percent of the total units
of the proposed condominium project to lower income
households; to include the affordable units required by
Section 19.56.020C,if applicable,and agrees to pay for the
reasonably necessary administrative costs incurred by the
City, the City shall either:
a. Grant a density bonus of 25 percent over the
number of apartments to be provided within the existing
structure or structures proposed for conversion; or
b. Provide other incentives of equivalent financial
value. This shall not require the City to provide cash
transfer payments or other monetary compensation but may
include the reduction or waiver of requirements that the City
might otherwise apply as conditions of conversion approval.
2021 S-82
19.56.030 Cupertino-Zoning 108
3. Density bonus units authorized by this section Unit Type Percent of Number of
shall not be included when determining the number of Affordable Incentives/
affordable units required to qualify for the density bonus. In Units Concessions
determining the number of affordable units required to
qualify for a density bonus, any fractions of affordable units Low Income 10% or greater 1
shall be rounded up to the next whole number. Units
4. An applicant may request a lower density bonus 20% or greater 2
than the housing development is entitled to,but no reduction
will be permitted in the percentage of required affordable 30% or greater 3
units as shown in Section 19.56.020 or Section 19.56.020C.
5. Regardless of the affordable units, no housing Moderate 10% or greater 1
development will be entitled to a density bonus of more than Income Units
p tY 20% or greater 2
40 percent,unless approved by the City pursuant to Section
19.56.030F(6). 30% or greater 3
6. The City, at its discretion, may grant a density
bonus higher than the maximum set forth in Table 19.56.030 2. For purposes of this chapter, permissible
to a housing development where all units(except manager's incentives or concessions include, but are not limited to:
unit(s)) are affordable to lower income households. a. A reduction of development standards or a
7. For purposes of calculating a density bonus, the modification of zoning code requirements or architectural
residential units do not have to be based upon individual design requirements that exceed the minimum building
subdivision maps or parcels. The bonus units shall be standards approved by the California Building Standards
permitted in geographic areas of the housing development Commission as provided in Part 2.5 (commencing with
other than the areas where the affordable units are located. Section 18901) of Division 13 of the Health and Safety
(Ord.21-2226, §§3.1,3.2,2021;Ord. 16-2149, §8,2016) Code, including but not limited to, a reduction in setback
requirements, square footage or parking requirements, such
19.56.040 Incentives or Concessions,Waivers and that the reduction or modification results in identifiable,
Reduction of Parking Standards. financially sufficient, and actual cost reductions.
A. Incentives or Concessions: b. Approval of mixed-use zoning in conjunction with
1. A housing development is eligible for incentives the housing development if commercial,office,industrial or
or concessions as shown in Table 19.56.040A.Incentives or other land uses will reduce the cost of the housing
concessions must be selected from only one category(very development, and if the commercial, office, industrial or
low, low, or moderate). No incentives or concessions are other land uses are compatible with the housing development
available for land donation or for a senior citizen housing and the existing or planned development in the area where
development that is not affordable. Condominium the proposed housing development will be located;
conversions and day care centers may have one incentive or c. Other regulatory incentives or concessions
concession, or a density bonus, at the City's option, but not proposed by the developer or the City, which result in
both. identifiable, financially sufficient, and actual cost
reductions.
Table 19.56.040A: Incentives or Concessions 3. Nothing in this section requires the provision of
Calculations: direct financial incentives for the housing development,
Unit Type Percent of Number of including but not limited to the provision of financial
Affordable Incentives/ subsidies,publicly owned land by the City or the waiver of
Units Concessions fees or dedication requirements. The City, at its sole
discretion, may choose to provide such direct financial
Very Low 5% or greater 1 incentives;
Income Units 4. A housing development which requests incentives
10% or greater 2 or concessions must demonstrate, in compliance with
15% or greater 3 Section 19.56.060B, that the requested incentives or
concessions are required to provide for affordable rents or
affordable housing costs, as applicable.
X
I-'
S5
2021 S-82
115 General Commercial (CG) Zones 19.60.060
t
Table 19.60.060: Development Standards(Cont.)
D. Noise Standards -(Cont.)
1. New Construction and uses approved as a Conditional Use that have a high probability of generating noise
that adjoin residential districts shall be: (Cont.)
d. Sound Wall Install a minimum eight-foot-high masonry sound wall on
or adjacent to the common property line
e. Acoustical Engineer Certified by an acoustical engineer that the above sound
attenuation measures comply with the intent of the
regulation and the City's community noise ordinance
2. In addition to (1) above, retail structures in a mixed use residential development shall employ noise
attenuation techniques recommended by an acoustical engineer to comply with the community noise
ordinance.
E. Lighting-New lighting fixtures for any new site construction or building improvements shall meet the
requirements in Chapter 19.102.
F. Landscaping Plan Shall be designed to provide an effective year-round
landscaping screen in the setback area adjoining a
residential property. The intent of the plan is to screen
the building from the rear yard of a residence within five
years.
G. Utilities 1. The following amenities and utilities shall be
installed subject to the specifications of the
subdivision ordinance:
a. All utilities including water, gas, sanitary and
storm sewers, underground power systems, and
b. Amenities including, lighting electroliers,
curbs, gutters, streets and sidewalks and
C. Connections to main systems shall be installed
subject to the specifications of the subdivision
ordinance of the City.
2. All wires, pipes, cables, utilities and connections
shall be placed in underground or subsurface
conduits subject to the specifications of the
subdivision ordinance of the City.
3. Underground vaults, or, well screened areas, if
underground vaults are deemed to be infeasible by
the City Engineer and the Director of Community
Development, must be provided for the installation
of the necessary utilities.
H. Mechanical Equipment Air conditioning, exhaust fans, and other mechanical
equipment shall be visually screened.
(Ord. 21-2225, Att. A (§4), 2021; Ord. 2085, §2 (part), 2011)
2021 S-82
Cupertino-Zoning 116
2021 S-82
19.72.010
CHAPTER 19.72: LIGHT INDUSTRIAL(ML)AND INDUSTRIAL PARK(MP) ZONES
Section
19.72.010 Purpose. 19.72.030 Permitted, Conditional and Excluded
19.72.020 Applicability of regulations. Uses.
19.72.030 Permitted, conditional and excluded Permitted,Conditional and Excluded Uses that may be
uses. conducted from property zoned Light Industrial (ML) or
19.72.040 Permits required for development. Planned Industrial(MP) are identified in Table 19.64.020.
19.72.050 Restrictions related to emissions. (Ord. 2085, §2(part), 2011)
19.72.060 Site development regulations.
19.72.040 Permits Required for Development.
Prior to the erection of a new building or structure or
19.72.010 Purpose. enlargement or modification of an existing building,
The purpose of the light industrial(ML)zoning district structure, or site (including landscaping and lighting) in an
is to provide for,and regulate, certain industrial uses which ML or MP zoning district, the applicant for a building
are incompatible with commercial and residential uses but permit must obtain permits in accord with Chapter 19.12.
perform important storage, manufacturing or servicing (Ord. 2085, § 2(part), 2011)
functions for such commercial and residential uses in the
City. The property in this zone should be located near 19.72.050 Restrictions Related to Emissions.
central business areas, near arterial traffic routes, along No use shall be allowed which is or will be offensive
railroad lines, or where specialized services for residential by reason of the emission of dust,gas,smoke,noise,fumes,
areas should be concentrated. Activities and hazardous odors, bright lights, vibrations, nuclear radiation, radio
materials that may be used in the light industrial zoning frequency interference, or otherwise. Every use shall be
district are specifically incompatible with schools, daycare operated in such manner that the volume of sound inherently
centers, convalescent care centers and other sensitive and recurrently generated shall not exceed sixty-five
receptors and such sensitive receptors are prohibited from decibels during the day and fifty-five decibels at night, at
this zoning district. any point on the property line on which the use is located,or
The purpose of the Industrial Park(MP)zoning district sixty decibels during the day and fifty-five decibels at night,
is to provide regulations for parcels or combinations of at any point on the property line on which the use is located
parcels of land of twenty-five acres or more on which where such property line abuts property that is zoned for
development of light industrial parks is deemed appropriate. residential purposes.Noise and sounds shall be appropriately
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), muffled in such manner so as not to be objectionable as to
1992) intermittent beat, frequency, or shrillness.
Provided further that prior to issuance of a building
19.72.020 Applicability of Regulations. permit the Building Inspector may require evidence that
No building, structure, or land shall be used, and no adequate controls,measures,or devices have been provided
building or structure shall be erected,structurally altered,or to insure and protect the public interest, health, comfort,
enlarged in an ML and MP zone, otherwise than in convenience, safety and general welfare from such
conformance with the provisions of this chapter and other nuisances.
applicable provisions of this title. Emissions of noise,vibrations,radiation,light,smoke,
(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), fumes or gas, odor, dust and toxic waste shall be limited to
1992) quantities indicated in this section. The limitations shall
2016 S-54 Repl. 131
19.72.050 Cupertino- Zoning 132
apply at any point outside the boundary of each lot in an ML system should fail. There is established as a guide in
zone,the boundary assumed, for the purpose of this title,to determining such quantities of offensive odors, Table III,
extend in a vertical plane and below ground. In case of Odors Thresholds, in Chapter 5 of Air Pollution Abatement
further subdivision or lot split,the limitations shall not apply Manual, copyrighted in 1951 by Manufacturing Chemists
outside any resulting lot. Association, Inc., Washington, D.C.
A. Vibration. Vibrations in the nonaudible range G. Fly Ash, Dust, Fumes, Gases and Other Forms
shall not be of such intensity that they can be perceived of Air Pollution. No emission shall be permitted which can
without instruments. cause any damage to health, animals, vegetation or other
B. Radiation. Electromagnetic radiation shall not forins of property, or that will result in the collection of
result in perceptible disturbance of television or radio heavy gases at ground level. No emission shall be permitted
reception. in excess of fifty percent of the standards specified in Table
C. Light. In addition to the lighting standards in I, Chapter 5 of Industrial Hygiene Standards, Maximum
Chapter 19.102, all development shall meet the following Allowable Concentrations of the Air Pollution Abatement
lighting standards: Manual, copyrighted in 1951 by Manufacturing Chemists
1. The intensity of light at the boundary of each lot Association, Inc., Washington, D.C. In no event shall any
shall not exceed seventy-five footlamberts from a source of emission, from any chimney or otherwise,exceed one-tenth
direct light, or one hundred footlamberts from a source of of a grain (0.1 grain)per cubic foot of the conveying gas.
reflected light. For measurement of the amount of particles in gases
2. The intensity of light at the boundary of an resulting from combustion, standard corrections shall be
industrial zone, or an industrial area in a planned applied to a stack temperature of five hundred degrees
development (P) zone, shall not exceed fifty footlamberts Fahrenheit and fifty percent excess air.
from a source of direct light, or seventy-five footlamberts H. Wastes. No discharge shall be permitted into any
from a source of reflected light. public street or sewer, private sewage disposal system,
3. In the event there is a conflict with Chapter stream, body of water, or into the ground, of any materials
19.102, the less stringent lighting standards shall apply. of such nature or temperature as can contaminate any water
D. Smoke. No emission shall be permitted at any supply, interfere with bacterial processes in sewage r
point,from any chimney or otherwise,of visible grey smoke treatment,corrode or otherwise damage sewers or pipelines,
of a shade equal to or darker than No. 1 on the Ringelmann or otherwise cause the emission of dangerous or offensive
Smoke Chart, as published by the U.S. Department of elements, except in accordance with standards approved by
Interior, Bureau of Mines, Informational Circular 8333, the California Environmental Protection Agency(Cal/EPA)
May 1967; except that a visible grey smoke of a shade equal and any other governmental agency having jurisdiction over
to No. 2 on the Ringelmann Smoke Chart may be emitted the activities.
for four minutes in any thirty minutes. (Ord. 21-2225, Att. A (§ 5), 2021; Ord. 2085, § 2 (part),
E. Hazardous and Toxic Materials. The use, 2011; Ord. 1601, Exh. A(part), 1992)
handling,storage,and transportation of toxic and hazardous
materials shall comply with the provisions of the California 19.72.060 Site Development Regulations.
Hazardous Materials Regulations(California Administrative Table 19.72.060 sets forth the rules and regulations
Code, Title 22, Division 4). The use, storage,manufacture pertaining to the development of structures on property
and disposal of hazardous materials shall be regulated and zoned Light Industrial(ML and ML-rc)and Industrial Park
monitored according to the standards established by the U.S. (MP). In ML-rc and ML-fa zones, if no standards are
Environmental Protection Agency (EPA), the California listed, the standard reverts to the ML zoning standards.
Environmental Protection Agency (Cal/EPA) and any
delegated government agencies. [Table 19.72.060 begins on next page.]
F. Odor. No emission of odorous gases or other
odorous matter shall be permitted in such quantities as to be
readily detectable without the aid of instruments at the
boundaries of the lot or in such concentrations as to create
a public nuisance or hazard beyond such boundaries. Any
process which may involve the creation or emission of any
odors shall be provided with a secondary safeguard system
so that control will be maintained if the primary safeguard
2021 S-82
19.102.010
CHAPTER 19.102: GLASS AND LIGHTING STANDARDS
Section
19.102.010 Purpose. Type of Development Applicable Sections
19.102.020 Applicability of regulations.
19.102.030 Bird-safe development requirements. C. Parking lot upgrade or Section 19.102.040
19.102.040 Outdoor lighting requirements redesign, excluding
maintenance or repair
activities(i.e.,
19.102.010 Purpose. restriping, resealing,
The purpose of this chapter is to regulate design and or repaving)
construction of structures and accessory elements in all
zoning districts to protect the natural environment, D. New or replacement Section 19.102.030(A),
particularly enhancing bird-safety and reducing light glass windows, doors, (B), and(D), apply only to
pollution.This Chapter establishes regulations to reduce bird or features the new exterior glass
mortality from windows, other specific glass features, and windows, doors, or features
certain lighting elements that are known to increase the risk
of bud collisions. This Chapter also establishes regulations E. New or replacement Section 19.102.040
to reduce light pollution, which is known to contribute to exterior lighting
bird mortality, reduced visibility of the night sky, and F. Exemptions See Sections 19.102.030(E)
adverse impacts to human health. and 19.102.040(D)
(Ord. 21-2225, Att. A (§ 1, part), 2021)
19.102.020 Applicability of regulations. (Ord. 21-2225, Att. A (§ 1, part), 2021)
Whenever an applicant is required to obtain a building
permit or a Permit pursuant to Title 19, or whenever 19.102.030 Bird-safe Development Requirements.
exterior lighting is added, replaced, or altered (whether A. Application submittal requirements: All projects
temporary or permanent), the project shall meet the that are subject to the bird-safe development requirements
requirements of this Chapter. The following table indicates shall submit the following:
the applicability of regulations by type of project in which 1. Elevation drawings indicating the bird-safe
exterior glass/transparent windows, doors, or features or treatment and how the proposed treatment meets the
interior or exterior lighting is added, replaced, or altered: requirements of Section 19.102.030(B) and(D);
2. Cross sections, if required;
3. Other exhibits indicating consideration and
Type of Development Applicable Sections incorporation of the regulations in Section 19.102.030(B),
and(D); and
A. New primary or Sections 19.102.030 and (C), 4. Biologist report in support of alternative
accessory building or 19.102.040 structure construction compliance method pursuant to Section 19.102.030(B)(3),if
proposed.
B. Complete or Partial Sections 19.102.030 and B. Fenestration and Glass Requirements
Remodel of primary 19.102.040 apply to 1. Fagades of all projects subject to bird-safe
or accessory buildings remodeled portions development requirements shall have:
or structures a. No more than 10% of the surface area of the
fagade be untreated glass between the ground and 60 feet '
above ground.
I
2021 S-82 160A
19.102.030 Cupertino-Zoning 160B
b. No more than 5% of the surface area of the 3. Residential development in R1 zoning districts
fagade be untreated glass between 60 feet above ground and outside of Bird-Sensitive Areas.
UP. F. California Building Code.All windows,doors,or
2. Standard Compliance Treatments: The Planning other features must comply with the requirements of the
Division may maintain a list of acceptable bird-safe California Building Code. Should a conflict exist with the
treatments that may be updated from time to time. The list provisions of this Chapter, the standards in the California
i
may include, but not be limited to, permanent treatments Building Code shall prevail.
such as opaque glass, window muntins, exterior insect (Ord. 21-2225, Att. A (§ 1, part), 2021)
screens,exterior netting, or special glass treatments such as
fritting to provide visual cues and reduce the likelihood of 19.102.040 Outdoor Lighting Requirements.
bird collisions. Glass treatments must have high color A. Submittal Requirements: Projects subject to
contrast with the glass and be applied to the outermost outdoor lighting regulations must submit the following
surface. Prior to publication of the list, the Planning information:
Department may review information available from interest 1. A site plan indicating the location of all outdoor
groups, such as the National Audubon Society. lighting fixtures.
3. Alternative Compliance Method: Property 2. A description of each lighting fixture. This
owners/applicants may propose an alternate compliance description may include, but not be limited to,
method recommended by a qualified biologist to meet the manufacturer's catalog cuts and drawings(including sections
requirements and intent of this section. The alternate if requested), lamp types, and lumen outputs.
compliance method shall be peer-reviewed by a third-party 3. Photometric plans,prepared,stamped and signed
consultant, paid for by the applicant, and subject to the by a licensed professional engineer qualified in outdoor
approval of the Director of Community Development. lighting, depicting the location of all outdoor lighting
C. Non-residential Indoor Lighting Requirements: fixtures and building-mounted lighting fixtures and a
1. Install time switch control devices or automatic maximum ten-foot by ten-foot grid of both the initial and
occupancy sensors on non-emergency interior lights that are maintained lighting levels on the site, including any impact
programmed to turn off at eleven p.m. or within two hours on adjacent properties. r
after the business is closed. 4. The project lighting plan shall indicate how
2. Businesses that involve the direct retailing of lighting has been coordinated with any associated
goods to the general public may have downward directed, landscaping plan to prevent site planning conflicts.
low voltage,and fully shielded lighting for window displays 5. Any other information the Director may
at any time when there is a display of such goods. determine is necessary to ensure that the proposed lighting
D. Bird-safe Design Requirements. All projects is in compliance with the provisions of this Chapter.
shall: 6. Any of the above requirements may be waived by
1. Avoid the funneling of flight paths along buildings the Director of Community Development when determined
or trees towards a building fagade. to be unnecessary for determining compliance with the
2. Avoid use of highly reflective glass or highly provisions of this Chapter.
transparent glass. B. Outdoor Lighting Standards
3. Not include skyways or walkways, balconies, 1. All outdoor lighting shall be fully shielded
freestanding walls, or building corners made of untreated fixtures,directed downward to meet the particular need and
glass or other transparent materials, or any other design away from adjacent properties and rights-of way to avoid
elements that are untreated and through which trees, light trespass, except:
landscape areas, water features or the sky are visible from a. Low-voltage Landscape Lighting: Low-voltage
the exterior or from one side of the transparent element to landscape lighting,such as that used to illuminate fountains,
the other. shrubbery,trees, and walkways, do not have to be shielded
E. Exemptions: The following are exempted from fixtures and may use uplighting, provided that they use no
bird-safe treatment regulations of subsection 19.102.030(B): more than ten (10) watt incandescent bulb or LED
1. Any historic structure, either as set forth in the equivalent, or a maximum of 150 lumens (whichever is
General Plan Figure LU-3 Historic Resources or listed on less),and not directed toward the right-of-way.
the State or National Historical Registers; b. Architectural Features: Uplighting may be used
2. First floor retail storefronts,up to a height of 15% to highlight special architectural features.
and,
2021 S-82
160C Glass and Lighting Standards 19.102.040
C. Public Art: Alternative lighting standards may be e. Lighting that illuminates a pedestrian pathway
used to illuminate public art or serve as public art subject to (examples include bollard, in-place step, or building
the review and approval by the Fine Arts Commission. mounted), provided that such lighting is a maximum height
d. Historic Lighting Fixtures: Lighting fixtures that of four (4) feet above the pathway, fully shielded, and
are historic or that exhibit a historical period appearance,as downward directed.
determined by the Director of Community Development, 5. Automated control systems, such as motion
need not be fully shielded. sensors and timers, shall be used to meet the outdoor
e. String Lighting: String Lighting may be used in lighting requirements.
compliance with Section 19.102.040(B) (12). a. Photocells or photocontrols shall be used to
2. Illumination Levels extinguish all outdoor lighting automatically when sufficient
a. No exterior light,combination of exterior lights, daylight is available.
or activity shall cast light exceeding zero point one (0.1) b. All lighting activated by motion sensors shall
foot-candle onto an adjacent or nearby property, with the extinguish no more than 10 minutes after activation.
illumination level measured at the property line between the c. Automated controls shall be full programmable
lot on which the light is located and the adjacent lot, at the and supported by battery or similar backup.
point nearest to the light source, except if two adjacent 6. Security lighting may be provided when necessary
properties are non-residential, or function as a shopping to protect persons and property. When security lighting is
center, and agree to coordinate lighting. utilized only the following standards shall apply:
b. No direct off-site glare from a light source shall a. Security lighting shall be controlled by a
be visible above three feet at a public right-of-way. programmable motion-sensor device, except where
c. The maximum light intensity on a site shall not continuous lighting is required by the California Building
exceed a maintained value of ten foot-candles, when Code. All lighting activated by motion sensors shall
measured at finished grade. extinguish no more than 10 minutes after activation.
d. Parking lots,sidewalks and other areas accessible Automated controls shall be fully programmable and
to pedestrians and automobiles on properties with four or supported by battery or similar backup.
more units, mixed-use development, and non-residential b. Security lighting shall be downward directed,
development shall be illuminated with uniform and adequate shielded, and not be mounted at a height that exceeds 12
intensity.Typical standards to achieve uniform and adequate feet, measured from the adjacent grade to the bottom of the
intensity are: fixture.
i. Average horizontal maintained illumination shall C. Floodlights shall not be permitted.
not be more than three foot-candle. d. Security lights intended to illuminate a perimeter,
ii. Maximum to minimum ratio should be between such as a fence line, are permitted only if such lights do not
6:1 and 10:1, but shall not be more than 10:1. result in light trespass.
e. Critical areas of illumination such as stairways, e. Motion-activated security lights shall not use
ramps and main walkways may have a higher illumination. lamps that exceed 100 watt incandescent bulb or LED
3. All light sources shall have a maintained equivalent, or a maximum of 1,600 lumens (whichever is
correlated color temperature of 3,000 Kelvin or less. less).
4. All outdoor lighting shall be fully extinguished or 7. Lighting design standards:
be motion sensor operated by 11:00 p.m. or when people a. Lighting fixtures must be of a design that
are no longer present in exterior areas, whichever is later, complements building and landscaping design.
except for: b. Lighting fixtures shall be appropriate in height,
a. Critical lighting pursuant to section 2(e) above; intensity, and scale to the use they are serving. Parking lot
b. Any lighting at building entrances,parking areas, lights in non-residential zones shall not exceed a height of 21
walkways, and driveways area required to remain feet, and any wall-mounted lights shall not exceed a height
illuminated after 11:00 p.m.by the California Building Code of 12 feet, measured from the adjacent grade to the bottom
or state law; of the fixture.
C. Lighting of an appropriate intensity, allowed in 8. Service Station Canopies: The following
conjunction with uses that are permitted to operate past standards shall apply to service station canopy lighting, in
11:00 p.m., with a conditional use permit; and addition to all other applicable standards:
d. Outdoor solar powered pathway lights that are 25 a. Lighting fixtures in the ceiling of canopies shall
lumens or less. be fully recessed in the canopy.
2021 5-82
19.102.040 Cupertino-Zoning 160D
b. Light fixtures shall not be mounted on top of the 2. Fifteen (15) percent for a freestanding
fascia of such canopies. commercial building not part of a shopping center.
C. The maximum light intensity under the canopy iii. It is limited to the lighting of the following:
shall not exceed an average maintained foot-candle 1. Living landscape features(trees, shrubs, etc.),if
(horizontal) of 12.5, when measured at finished grade. used in combination with other highlighting or pedestrian
d. The fascia of such canopies shall not be lighting fixtures within the immediate area, and,
illuminated,except for approved signage in compliance with 2. Designated outside dining or display areas.
Chapter 19.104. C. Prohibited Lighting: The following types of
9. Areas around Automatic Teller Machines shall lighting are prohibited:
meet minimum standards required by the State of California 1. Outdoor lighting that blinks, flashes, or rotates
Business and Professions Code. except those that may be permitted pursuant to Chapter
10. All lighting must comply with the requirements of 10.26.
the California Building Code. Should a conflict exist with 2. Outdoor flood lights that project above the
the provisions of this Chapter, the standards in the horizontal plane.
California Building Code shall prevail. 3. Lighting that unnecessarily illuminates any other
11. Lighting in ML zones shall additionally comply lot or substantially interferes with use or enjoyment of that
with the standards in Chapter 19.72. lot.
12. String Lighting Regulations: 4. High-intensity discharge lighting for recreation
a. String lighting is different from holiday and/or courts on private property.
seasonal lighting, and in addition to subsections (b) and(c) 5. Spotlights.
as applicable below, shall not be: D. Exemptions: The following types of lighting are
i. Blinking and/or chasing lights exempt from the lighting requirements of the Chapter:
ii. Secured with materials or in a manner that will 1. Lighting within the public right-of-way and public
puncture the skin or restrict the growth of any living parks
landscape feature. 2. Permitted lighting for signs pursuant to Chapter
iii. Attached to a fence in a manner that permits light 19.104 of the Municipal Code
trespass to adjacent property. 3. Temporary construction or emergency lighting
iv. More than a 2.8-watt incandescent bulb system or 4. Short-term lighting authorized by a special events
equivalent LED system and emit no more than 42 lumens permit
(whichever is less). 5. Holiday seasonal lighting during the period of
b. Residential Areas: String lighting is permitted October 15 through January 15 of each year
subject to the following requirements: 6. Required lighting to comply with Building Code,
i. It shall not illuminate more than fifty(50)percent Fire Code,or state law. To the extent permitted by Building
of the rear yard or 500 sq. ft., whichever is more Code, Fire Code, or state law such lighting shall
restrictive. additionally comply with the requirements of this Chapter.
ii. It shall not be visible from the City right-of-way. (Ord. 21-2225, Att. A (§ 1, part), 2021)
iii. It shall be used primarily to illuminate patio
areas.
iv. It shall be extinguished by 11:00 p.m.
C. Commercial and Mixed-Use Commercial Areas:
String lighting may be permitted subject to the following
requirements, with approval of the Director of Community
Development:
i. Any development or property is permitted to
submit one application for string lighting, which shall
include all uses of string lighting on the development or
property.
ii. It shall not illuminate an area greater than:
1. Five (5)percent of the building(s)footprint of a
shopping center, and,
2021 5-82
211 Parking Regulations 19.124.040
Table 19.124.040-Regulations for Off-Street Parking(Cont.)
O. (Cont.)
a. Standards for bio-swales i. Longitudinal slope of the swale shall be between one percent and
five percent.
ii. Swales of greater than three percent may be required to install
check dams to reduce velocity through swale.
iii. Side slope shall not exceed 3:1 (horizontal:vertical).
iv. All swales shall be required to provide an adequate under-drain
system to prevent ponding. Swales shall be designed to eliminate
any ponding of water for more than forty-eight hours.
2. Permeable surfaces Use permeable or semi-permeable materials for the parking stalls
P. Bicycle Parking Bicycle parking shall be provided in multi-family residential
developments and in commercial districts. In commercial districts,
bicycle parking shall be conveniently located and adjacent to on-site
bicycle circulation pedestrian routes. The bicycle parking facilities
shall be one of the following three classification types:
1. Class I Facility These facilities are intended for long-term parking and are intended to
protect the entire bicycle or its individual components and accessories
from theft. The facility also protects the cycle from inclement
weather, including wind driven rain. The three design alternatives for
Class I facilities are as follows:
a. Bicycle Locker A fully enclosed space accessible only by the owner or operator of the
bicycle. Bicycle lockers must be fitted with key locking mechanisms.
b. Restricted Access Class III bicycle parking facilities located within a locked room or
locked enclosure accessible only to the owners and operators of the
bicycle. The maximum capacity of each restricted room shall be ten
bicycles. In multiple family residential developments, a common
locked garage area with Class II parking facilities shall be deemed
restricted access provided the garage is accessible only to the residents
of the units for whom the garage is provided.
I
C. Enclosed Cages A fully enclosed chain link enclosure for individual bicycles, where
contents are visible from the outside, which can be locked by a user
provided lock. This facility may only be used for multiple family
residential uses.
2. Class II Facility i. Intended for short term parking. A stationary object which the
user can lock the frame and both wheels with a user provided
lock.
ii. The facility shall be designed so that the lock is protected from
physical assault.
iii. A Class II facility must accept U-shaped locks and padlocks.
iv. Class II facilities must be within constant visual range of persons
within the adjacent building or located at street floor level.
I
2012 S-31
19.1,24.040 Cupertino-Zoning 212
Table 19.124.040-Regulations for Off-Street Parking(Cont.)
P. (Cont.)
3. Class III Facility i. Intended for short-term parking. A stationary object to which the
user may lock the frame and both wheels with a user provided
cable or chain and lock.
ii. Spacing of the bicycle units shall be designed for a handlebar
width of three feet, distance from bottom of wheel to top of
handlebar of three feet and six inches and a maximum
wheel-to-wheel distance of six feet.
Q. Parking Lot and Structured New lighting fixtures shall meet the following requirements in
Parking Lighting addition to the requirements of Chapter 19.102. In the event of any
conflict between the two requirements, the more stringent of the two
shall apply:
1. Light Color All lighting shall be 3,000 Kelvin or less unless otherwise approved as
part of a development plan for uniformity, not allowing any dark
areas in the parking lot.
2. Lighting Glare i. The light fixtures shall be oriented and designed to preclude any
light and direct glare to adjacent residential properties.
ii. No direct off-site glare from a light source shall be visible above
three feet at a public right-of-way.
3. Lighting Intensity Parking lots, sidewalks and other areas accessible to pedestrians and
automobiles shall be illuminated with a uniform and adequate
intensity. Typical standards to achieve uniform and adequate intensity
are:
a. Average Horizontal Maintained Between one and three foot-candles
Illumination
b. Average Maximum to Minimum Should be generally between six and ten to one
Ratio
C. Minimum Intensity above Minimum three foot-candles vertically above the parking lot surface
Parking Lot Surface shall be maintained.
4. Critical Areas Such as stairways, ramps and main walkways may have a higher
illumination.
5. Shatter Resistant Lenses Shatter resistant lenses shall be placed over the light to deter
vandalism.
5. Underground and Structured Maintain a minimum five lux level of color-corrected lighting for
Parking Lighting Levels maximum efficiency.
7. Parking Garage Entrances Portal lighting should be provided niside all parking garages
entrances.
2021 5-82
217 Parking Regulations 19.124.040
1
Table 19.124.040(C): Calculating Shared Parking for Mixed-Use Developments Weekday Weekend Nighttime
Weekday Weekend Nighttime
Daytime Evening Daytime Evening (midnight-
6:00 a.m.)
(9:00 a.m. - (6:00 p.m. - (9:00 a.m. - (6:00 p.m. -
4:00 p.m.) midnight) 4:00 p.m.) midnight)
Residential 75% 100% 80% 100% 100%
Office/Industrial 100% 10% 10% 5% 5%
Retail 60% 90% 100% 70% 5%
Hotel 75% 100% 75% 100% 10%
Restaurant 100% 100% 100% 100% 10%
Entertainment/ 40% 100% 80% 100% 10%
Recreational
1. Determine the minimum amount of parking required for each land use as though it were a separate use;
2. Multiply each amount by the corresponding percentage for each of the five time periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the parking space requirement.
(Ord.21-2225,Att.A(§6),2021;Ord. 16-2150, §2,2016;Ord. 2085, §2(part),2011;Ord.2056,(part),2010;Ord. 1940,
(part), 2004; Ord. 1737, (part), 1996; Ord. 1657, (part), 1994; Ord. 1637, (part), 1993; Ord. 1601, Exh. A(part), 1992)
19.124.050 Exceptions—Approval Authority. 19.124.060 Exceptions—Findings.
A. The Director of Community Development may Exceptions to this chapter may be granted as provided
approve the following exceptions upon making the written in this section.
findings in Section 19.124.060: A. Findings for an exception to allow substandard
1. Exceptions to this chapter for properties located sized parking spaces in an enclosed garage in the R-1
in: Single-Family Zoning District:
a. The Single-Family (R-1) Residential Zoning 1. The exception to be granted is one that will
District; require the least modification and the minimum variance to
b. The Duplex(R2) Zoning District; accomplish the purpose.
2. Single Family homes or duplexes in a Planned 2. The exception to be granted will not preclude the
Development District; garage from being used to park two standard-sized vehicles.
2. Tandem parking arrangements in residential B. Findings for all other parking exceptions to this
zoning districts. chapter:
B. The Design Review Committee may approve 1. The literal enforcement of this chapter will result
parking exceptions for Minor applications as identified in in restrictions inconsistent with the spirit and intent of this
Section 19.12.030,upon making written findings in Section chapter.
19.124.060; 2. The granting of the exception will not be injurious
C. The Planning Commission may approve parking to property or improvements in the area nor be detrimental
exceptions for Major applications as identified in Section to the public safety, health and welfare.
19.12.030, upon making written findings in Section 3. The exception to be granted is one that will
19.124.060. require the least modification and the minimum variance to
(Ord. 2085, §2(part), 2011) accomplish the purpose.
{
2021 S-82
19.124.060 Cupertino- Zoning 218
4. The proposed exception will not result in
significant impacts to neighboring properties.
C. Projects proposing Alternative Parking Standards
per Section 19.124.040(H) shall meet the following
conditions in addition to 19.124.060(B)(1)-(4):
a. The applicant submits a detailed parking study
which demonstrates that the proposed use is compatible with
the proposed parking supply. Adjacent on-street parking
may be included in the parking supply.
b. The project is owned or managed by a single
entity.
C. If adjacent properties are used to share parking,
they are in close proximity to each other, and reciprocal
parking and access easements and maintenance agreements
are recorded on the applicable properties to run with the
land.
(Ord. 2085, §2(part),2011; Ord.2056, (part),2010;Ord.
1940, (part), 2004)
1
r
2016 S-58
47 Comprehensive Ordinance List
Ord. No. Ord. No.
20-2200 Amends §§ 3.12.020, 3.12.050, 20-2214 Amends §§ 2.04.010, 2.28.040,
3.12.070(Transient Occupancy Tax), 8.01.090, 11.08.061 and 13.04.190,
§ 19.08.030 (definitions), §§ 19.12.090, repealing §§ 11.08.040, 11.08.050,
19.12.120, 19.12.150, 19.12.080, 11.08.060, 11.08.070, 11.08.080,
19.20.020 and 19.120.050, creating 11.08.090, 11.08.100, 11.08.110 and
Chapter 5.08 (Short-term Rental 11.08.120, concerning regular meetings
Activity), regulating short-term rental of the City Council, concerning powers
uses in residential zoning districts (3.12, and duties of the City Manager,
5.08, 19.08, 19.12, 19.20, 19.120) concerning animals in city buildings,
20-2203 Amends §§ 1.04.010 through 1.04.060 concerning bicycle licensing and
(adds new § 1.04.030)general registration, and concerning activities
provisions; repeals and readopts Ch. prohibited in city parks (2.04, 2.28,
1.08 (1.08.010 and 1.08.020) right of 8.01, 11.08, 13.04)
entry for inspection; repeals and 20-2215 Amends § 3.37.040, minimum wage
readopts Ch. 1.09 (§§ 1.09.010 through (3.37)
1.09.110)nuisance abatement; repeals 20-2216 Amends Ch. 2.40 title and§§2.40.010,
and readopts Ch. 1.10(§§ 1.10.010 2.40.025, 2.40.040, 2.40.050,
through 1.10.180) administrative 2.40.060, 2.40.080, and 2.40.110,
citations, fines, and penalties; amends regarding emergency management
Ch. 1.12 title(General Penalty and program and disaster council; adds
Criminal Enforcement), amends § 2.40.030(2.40)
§ 1.12.010 and § 1.12.020 and repeals 20-2218 Amends §§ 6.24.010, 6.24.020,
§ 1.12.030(1.04, 1.08, 1.09, 1.10, 6.24.030, 6.24.035, 6.24.037,
1.12) 6.24.080, 6.24.120, 6.24.150,
20-2204 An urgency ordinance authorizing 6.24.160, 6.24.170, and 6.24.180,
outdoor dining operations pursuant to a regarding solid waste collection(6.24)
special temporary outdoor dining permit 21-2220 Amends Ch. 5.48 in full(title and
(Not Codified) §§ 5.48.010 through 5.48.080),
20-2205 Amends §2.20.010, recordkeeping sidewalk vendors; amends §§ 5.04.290,
duties-closed sessions(2.20) 5.04.400, 5.20.010, 5.20.015, and
20-2207 An urgency ordinance authorizing 13.04.180, regarding solicitors and
outdoor dining operations pursuant to a sidewalk vendors(5.04, 5.20, 5.48,
special temporary outdoor dining permit 13.04)
(Not Codified) 21-2222 Adds Ch. 2.100, §§ 2.100.010 through
20-2208 Amends §2.88.100, duties-powers- 2.100.180, regulation of lobbying
responsibilities (2.88) activities (2.100)
20-2209 Adopts §2.20.120, electronic filing of 21-2223 Adds Title 17, environmental
campaign statements (2.20) regulations, and Ch. 17.08,
20-2210 Amends § 11.24.150,parking §§ 17.08.010 through 17.08.040,
prohibited along certain streets (11.24) evaluation of transportation impacts
20-2211 Urgency ordinance temporarily waiving under CEQA (17.08)
permit fees for certain temporary 21-2225 Adds Ch. 19.102, §§ 19.102.010
commercial signs and banners (Not through 19.102.040, glass and lighting
Codified) standards; amends §§ 19.08.030,
20-2213 Amends §§ 10.48.010, 10.48.051, 19.40.060, 10.60.060, 19.72.050, and
community noise control for leaf blower 19.124.040, to implement bird-safe and
regulations (10.48) dark sky policies (19.08, 19.40, 19.60,
19.72, 19.102, 19.124)
21-2226 Amends § 19.56.030 regarding density
bonuses(19.56)
2021 S-82
Cupertino- Comprehensive Ordinance List 48
Ord. No.
21-2227 Amends Ch. 10.90, smoking
regulations; adds §§ 10.90.030 and
10.90.070; renumbers §§ 10.90.030
through 10.90.050 to be §§ 10.90.040
through 10.90.060 (10.90)
2021 S-82
5 Index
{. ATHLETIC EVENT BELOW MARKET RATE HOUSING PROGRAM
Regulations,permit Administration 19.172.030
See PARADES AND ATHLETIC EVENTS Purpose 19.172.010
Requirements 19.172.020
ATTORNEY, CITY
Assistant, acting, when 2.18.070 BICYCLE
Bond requirements 2.18.060 Administration 11.08.020
City staff, relations with 2.18.040 Attaching to vehicle, prohibited 11.08.170
Conflict of interest 2.64.020 Bicycle lanes
Council, relations with 2.18.030 designated 11.08.250
Eligibility 2.18.100 use regulations 11.08.190
Employment agreement 2.18.080 vehicles using prohibited 11.08.230
Office established 2.18.010 Definitions 11.08.010--11.08.015
Powers, duties 2.18.020 Equipment requirements 11.08.130
Public, relations with 2.18.050 Impoundment 11.08.240
Rental dispute mediation Lane position requirements 11.08.150
appeal duties 2.78.080 License
subpoena duties 2.78.040 serial numbers and identifying marks,
Staff 2.18.090 prohibited acts 11.08.061
Suspension, removal, resignation 2.18.110 Package carrying restrictions 11.08.220
Pedestrian path use
AUDIT COMMITTEE exemptions 11.08.180
Chair 2.88.050 restrictions 11.08.160
City powers unchanged 2.88.130 Regulations generally 11.08.020
City staff 2.88.110 Riding restrictions 11.08.210
Compensation, expense reimbursement 2.88.070 Roller skates
Established, composition 2.88.010 See ROLLER SKATES
Meetings 2.88.060 Routes designated 11.08.260
Members Skateboards
at large 2.88.020 See SKATEBOARDS
vacancy 2.88.040 Traffic laws applicability 11.08.140
Powers, duties 2.88.100 Violation, penalty 11.08.280
Recordkeeping 2.88.090 Walking, pedestrian laws applicable 11.08.200
Rules, regulations 2.88.120
Term 2.88.030 BICYCLE PEDESTRIAN COMMISSION
Voting 2.88.080 Chairperson 2.92.040
Compensation, expenses 2.92.090
AUTO COURT Effect 2.92.110
Business license tax rate 5.04.390 Established, composition 2.92.010
Meetings
--B-- majority vote required 2.92.060
procedural rules 2.92.100
BAGS quorum 2.92.050
See SINGLE-USE CARRYOUT BAGS Members
terms of office 2.92.020
BAR vacancy and removal 2.92.030
See RESTAURANT Powers and functions 2.92.080
Records required 2.92.070
BEEKEEPING
See ANIMALS
2021 S-82
Cupertino- Index 6
BINGO BUILDING
Administrative authority designated 5.32.170 Address number visibility requirements 16.04.050
Authority 5.32.010 Electrical Code
Defined 5.32.020 See ELECTRICAL CODE
Equipment 5.32.090 Excavation, foundations, retaining walls
Financial interest limited 5.32.100 See EXCAVATION,GRADING,RETAINING
Hours 5.32.150 WALLS
Inspection authority 5.32.180 Fence
License See FENCE
applicant investigation 5.32.210, 5.32.220 Heating,cooling
application, contents 5.32.200 See MECHANICAL CODE
approval, conditions 5.32.240 Inspector
denial when 5.32.250 bingo license applicant investigation 5.32.220
fee 5.32.280 building moving permit issuance 16.36.050
nontransferable 5.32.310 Moving
records, opportunity to review 5.32.230 contiguous land 16.36.080
renewal 5.32.290 definitions 16.36.010
required 5.32.190, 5.32.270 metal tires prohibited 16.36.090
suspension, revocation notice required 16.36.040
appeal 5.32.330 permit
authority 5.32.320 application 16.36.030
notice 5.32.320 bond 16.36.060
Location 5.32.080 conditions 16.36.070
Minor, participation prohibited 5.32.040 fees 16.36.055
Organizations permitted to conduct 5.32.030 issuance, hearing 16.36.040
Participant to be present 5.32.140 required 16.36.020
Prizes, value 5.32.130 roller restrictions 16.36.100
Proceeds, charitable uses required 5.32.110 truck requirements 16.36.110
Provisions to supplement state law 5.32.350 supervisor, duties 16.36.120
Public access required 5.32.050 Plumbing code
Recordkeeping 5.32.120 See PLUMBING CODE
Reporting requirements 5.32.300 Preliminary soils report
Staffing, operation See Soils report
change, reporting, investigation 5.32.260 code adoption 16.12.010
generally 5.32.060 required 16.12.020
Violation, Penalty 5.32.360 Retaining wall
See EXCAVATION,GRADING,RETAINING
BIRD-SAFE GUIDELINES WALLS
See GLASS AND LIGHTING STANDARDS Soils report
approval 16.12.050
BOND building permit conditions 16.12.060
Attorney, city 2.18.060 code adoption 16.12.010
Auctioneer 5.08.020 contents 16.12.030
City clerk 2.20.040 preparation 16.12.040
Excavation, grading permittee 16.08.150 required 16.12.020
Manager, city 2.28.030 Swimming pool 16.04.400
Moving buildings 16.36.060
Private patrol 5.24.050
Public works contract 3.23.140
Street improvement installation 14.04.170
Subdivision improvement security 18-1.808.2
Taxicab 5.28.150
Treasurer, city 2.24.040
2021 S-82
9 Index
CODE ENFORCEMENT OFFICER COUNCIL, CITY
Inspection, right of entry Abandoned vehicle, hearing 11.04.070
See INSPECTION Bicycle, fee allocation 11.08.130
Office created 2.30.010 Bingo license fee 5.32.280
Warrantless arrest authority 2.30.020 Business license powers, duties 5.04.060
Call for Council review 2.08.145
COFFEE SHOP Child care expense reimbursement,
See RESTAURANT when granted 2.72.010
Communications 2.08.100
COMMISSION, CITY Contract bid award 3.24.080
See Specific Commission Document signature authority 2.08.135
Election
COMMUNICATION WITH CITY OFFICIALS See also Campaign finance
Public building, prohibited acts generally 2.04.005
designated 10.10.020 False alarm hearing duties 10.26.120
Right designated 10.10.010 Manager, city 7
Violation, penalty 10.10.030 appointment 2.28.010
suspension, removal 2.28.090
COMMUNITY DEVELOPMENT DEPARTMENT Meeting
See DEPARTMENTAL ORGANIZATION discussion procedure 2.08.130
emergency 2.04.025
COMMUNITY DEVELOPMENT DIRECTOR order of business 2.08.090
Parade and athletic event administrative place 2.04.030
authority 10.44.030 presentation method 2.08.080
protests 2.08.120
CONCERT reconsideration
Business license motions 2.08.095
See also BUSINESS LICENSE petitions 2.08.096
fee 5.04.340 regular 2.04.010
special 2.04.020
CONSTRUCTION TAX violation,penalty 2.08.140
Adjustment 3.32.045 Municipal employee relations officer
Definitions 3.32.020 appointment 2.52.320
Exceptions 3.32.070 Officer, official body reports 2.08.110
Imposition 3.32.030 Parade, athletic event permit appeal
Payment hearing 10.44.146
place 3.32.060 Permit parking time determination 11.27.130
time 3.32.050 Personnel authority 2.52.090
Purpose, intent 3.32.010 Petition
Rates 3.32.040 definitions 2.08.030
Refunds 3.32.050 exception 2.08.070
Revenue use 3.32.080 hearing notice 2.08.040
Public safety commission appointment 2.60.010
CONTRACTOR Reimbursement 2.16.030
Business license Robert's Rules of Order adopted 2.08.020
See also BUSINESS LICENSE Salary
fee 5.04.370 amount, effective date 2.16.020
statutory basis 2.16.010
Storm drainage service charge
adjustment authority 3.36.160
collection duties 3.36.080
review duties 3.36.050
2021 S-82
Cupertino-Index 10
E
E
Technology, information, and Procedural rules 2.90.100
communications commission Purpose of provisions 2.90.020
appointment 2.74.010 Records 2.90.080
vacancy filling 2.74.030 Terms of office 2.90.030
Term limits 2.04.050 Vacancy, removal 2.90.040
Transient occupancy tax appeal hearing
determination 3.12.100 DISASTER COUNCIL
Vacancy filling 2.04.040 See EMERGENCY MANAGEMENT PROGRAM
Water charge appeal hearing 15.12.100
Weed abatement DOCUMENTARY STAMP TAX
assessment, hearing 9.08.090 Administration, authority 3.04.090
authority 9.08.060 Exemptions 3.04.040
Imposition,hearing, decision, action 9.08.050 Im p , rate 3.04.020
resolution 9.08.020 Payment responsibility 3.04.030
Refund claim, authority 3.04.100
CRIMINAL ENFORCEMENT Short title, authority 3.04.010
See PENALTY AND CRIMINAL
ENFORCEMENT, GENERAL DOG
See ANIMAL
CRUISING
See TRAFFIC --E--
CUPERTINO GARBAGE COMPANY EARTHQUAKE
See GARBAGE See TOXIC GASES
CURFEW ELECTIONS, MUNICIPAL
Definitions 10.68.010 See COUNCIL, CITY
Exceptions 10.68.030
Violation ELECTRICAL CODE
penalty 10.68.050 Adoption of 2019 California Electrical Code based
prohibited acts 10.68.020 on the 2017 National Electrical Code
16.16.010
--D-- Adoption of appendix chapters 16.16.015
Definitions 16.16.020
DARK SKY GUIDELINES Electrical work, 16.16.030
See GLASS AND LIGHTING STANDARDS Fee schedule 16.16.040
Interpretation 16.16.050
DEFECATION Maintenance program 16.16.060
See URINATION, DEFECATION
EMERGENCY MANAGEMENT PROGRAM
DEPARTMENTAL ORGANIZATION Compliance with California Emergency Services
Authority of Director of Public Works and City Act 2.40.030
Engineer to approve plans and designs 2.48.040 Definitions 2.40.020
Divisions, designated 2.48.020 Director of Emergency Services
Manager authority 2.48.030 designated 2.40.050
Purpose 2.48.010 powers and duties 2.40.060
Disaster Council 2.40.025
DESIGN REVIEW COMMITTEE powers and duties 2.40.040
Chairperson 2.90.050 Emergency organizations
Construction of provisions 2.90.110 membership 2.40.070
Established 2.90.010 structure, duties and functions 2.40.080
Licensed architect 2.90.070 Expenditures 2.40.100
Meetings, quorum 2.90.060 Mutual aid 2.40.090
Powers, functions 2.90.090 Purposes 2.40.010
Violation, penalty 2.40.110
2021 5-82
13 Index
FIREWORKS Cupertino garbage company
Definitions 10.24.010 See GARBAGE
Exceptions 10.24.030 Electricity
Prohibitions 10.24.020 definitions 6.08.010
Violation, penalty 10.24.080 designated 6.08.020
granting authority 6.08.070
FLOOD DAMAGE PREVENTION gross receipts
Abrogation and greater restrictions 16.52.014 percentage payment to city 6.08.050
Anchoring 16.52.041 total, report required 6.08.060
Appeal, variance maintenance requirements 6.08.030
Appeal Board 16.52.062 term 6.08.040
variance conditions 16.52.061 Garbage
Appeals, generally 16.52.030 See GARBAGE
Applicability of provisions 16.52.011 Gas
Basis for establishing the areas of special flood definitions 6.12.010
hazard 16.52.012 designated 6.12.020
Compliance 16.52.013 granting authority 6.12.070
Construction gross receipts
materials and methods 16.52.042 percentage payment to city 6.12.050
standards 16.52.040 total, report required 6.12.060
Definitions 16.52.010 maintenance requirements 6.12.030
Development permit 16.52.022 term 6.12.040
Elevation and floodproofmg 16.52.043 Pacific Gas and Electric Company
Floodplain Administrator See Electricity
designation of 16.52.020 See Gas
duties and responsibilities of 16.52.021 San Jose waterworks
Floodway restrictions 16.52.055 designated 6.20.010
Interpretation 16.52.015 gross annual receipts, percentage payment to
Liability disclaimer 16.52.016 city 6.20.050
Manufactured homes, standards for 16.52.053 maintenance
Recreational vehicles, standards for 16.52.054 notice 6.20.020
Statutory authorization 16.52.001 required 6.20.030
Subdivisions and other proposed development, term 6.20.040
standards for 16.52.045 Solid waste
Utilities, standards for 16.52.044 See GARBAGE
Variances Water
Appeal Board 16.52.062 See California water service
conditions for 16.52.061 See San Jose waterworks
Warning and disclaimer of liability 16.52.016
FUND
FOOD ESTABLISHMENT Investment 2.24.050
See RESTAURANT Special gas tax street improvement
See SPECIAL GAS TAX STREET
FRANCHISE IMPROVEMENT FUND
Cable television
See CABLE AND VIDEO SERVICES
California water service
designated 6.16.010
gross annual receipts, percentage payment to
city 6.16.050
maintenance
notice 6.16.020
j required 6.16.030
term 6.16.040
2021 S-81
Cupertino -Index 14
-_G-- Recycling
mandatory non-organic recycling for businesses
GARAGE, PATIO SALE 6.24.035
Definitions 5.16.020 mandatory organic recycling for business
Enforcement 5.16.060 structures 6.24.037
Findings 5.16.010 mandatory solid waste collection service,
Goods display 5.16.050 exemption procedures 6.24.031
Limitation 5.16.030 Recycling center, operation, use 6.24.190
Sign Violation,penalty 6.24.240
See also SIGN
regulations generally 19.104.250 GAS
restrictions 5.16.040 See FRANCHISE
Violation TOXIC GASES
penalty 5.16.070
presumption 5.16.041 GENERAL PENALTY AND CRIMINAL
ENFORCEMENT
GARBAGE See PENALTY AND CRIMINAL
Administration, enforcement, regulations adoption ENFORCEMENT, GENERAL
6.24.230
Burning, restrictions 6.24.090 GENERAL PLAN
Collection See LAND DEVELOPMENT PLANNING
See also Specific Subject
unauthorized, prohibited 6.24.200 GLASS AND LIGHTING STANDARDS
Collection service Applicability of regulations 19.102.020
See also Recycling Bird-safe development requirements 19.102.030
charges for 6.24.150 Outdoor lighting requirements 19.102.040
t
commencement, time limits 6.24.040 Purpose 19.102.010
entitlement to collect for 6.24.160
See also Delinquent account GOAT
franchise See ANIMAL
grant, scope, authority 6.24.120
interference prohibited 6.24.210 GRADING
mandatory, owner responsibilities 6.24.030 See EXCAVATION
unauthorized use prohibited 6.24.220
Container GRAFFITI
inappropriate, additional charges when Abatement
6.24.080 generally 10.60.050
standards, use regulations 6.24.070 procedure 10.60.060
Definitions 6.24.020 stayed during prosecution 10.60.070
Delinquent account Definitions 10.60.030
notification 6.24.170 Nuisance declared 10.60.020
remedies for 6.24.180 Prohibited 10.60.040
Disposal Purpose of provisions 10.60.010
explosive, hazardous materials 6.24.100 Remedies cumulative 10.60.080
frequency 6.24.050 Violation, penalty 10.60.090
methods designated 6.24.060
unauthorized 6.24.110
Franchise
See Collection service
Purpose of provisions 6.24.010
2021 5-82
17 Index
LICENSE --M--
See also PERMIT
Bicycle 11.08.020 MANAGER, CITY
Bingo 5.32.190, 5.32.270 Abandoned, inoperative vehicle
Business enforcement 11.04.040
See BUSINESS LICENSE removal authority 11.04.061
Cat 8.08.350 storage notice 11.04.130
Commercial advertising 10.52.060 Animal control
Dog 8.08.260 administrative authority 8.01.040
seizure hearing 8.06.040
LIGHT POLLUTION Approved street tree enforcement 14.16.080
See GLASS AND LIGHTING STANDARDS Bicycle
enforcement 11.08.030
LIQUOR lanes designation 11.08.250
Alcoholic beverages, gasoline concurrent sales Bingo license
appeals 19.132.070 applicant investigation 5.32.210, 5.32.220
applicability of provisions 19.132.020 approval 5.32.240
conditional use permit denial 5.32.250
findings,basis 19.132.050 Bingo,provisions administration 5.32.170
grant criteria 19.132.030 Clerk, city, appointment 2.20.100
hearing 19.132.040 Commission meetings, attendance 2.28.060
purpose of provisions 19.132.010 Compensation, reimbursement 2.28.080
restrictions generally 19.132.060 Created 2.28.010
Consumption, open container possession Departmental organization authority 2.48.030
prohibitions 10.49.010 Director of emergency services 2.40.050
Violation, penalty 10.49.020 Eligibility, bond 2.28.030
Garage, patio sale enforcement authority 5.16.060
LOADING ZONES Grocery store enforcement authority 5.36.060
See PARKING Park and/or building permit issuance 13.04.040
Parks administration 13.04.220
LOBBYING ACTIVITIES, REGULATION OF Pedestrian regulations administration 11.09.020
Definitions 2.100.030 Powers, duties 2.28.040
Enforcement 2.100.150 Relations with council 2.28.050
Exemptions 2.100.180 Sales and use tax, alternate, collection 3.09.050
Gifts 2.100.140 Solicitor
Injunction 2.100.160 administrative authority 5.20.100
Interpretation 2.100.020 identification permit
Lobbyist identification 2.100.120 application investigation 5.20.020
Practice restrictions 2.100.170 revocation, duties 5.20.070
Prohibitions 2.100.130 Street tree enforcement 14.12.040
Purpose 2.100.010 Surplus sales officer duties 3.25.020
Quarterly reports 2.100.100 Suspension, removal, resignation 2.28.090
Records retention 2.100.110 Taxicab driver license suspension,
Registration 2.100.040 revocation 5.28.180
active status 2.100.070 Temporary absence, replacement 2.28.070
annual registration renewal 2.100.050 Traffic
registration fees 2.100.080 speed limit signing 11.12.040
required registration information 2.100.090 stop intersection signing 11.20.040
Termination of lobbyist status 2.100.060 Water
department duties 15.12.090
provisions enforcement 15.12.050
2021 S-82
Cupertino - Index 18
MARIJUANA 19.98.010 MAYOR f
Employees' retirement system execution 2.56.020
MARIJUANA, MEDICINAL AND ADULT USE OF
Commercial marijuana activities 10.84.030 MECHANICAL CODE
Definitions 10.84.020 Adoption of 2019 Mechanical Code based on the
Enforcement, remedies and declaration of public 2018 Uniform Mechanical Code 16.24.010
nuisance 10.84.050 Adoption of appendix chapters 16.24.015
Possession, delivery, distribution, and indoor Name insertion 16.24.020
cultivation of marijuana 10.84.040
Purpose 10.84.010 MEDICINAL MARIJUANA
Commercial marijuana activities 10.84.030
MASSAGE ESTABLISHMENTS, SERVICES Definitions 10.84.020
Conditions of premises 9.06.196 Enforcement, remedies and declaration of public
Definitions 9.06.020 nuisance 10.84.050
Exemptions from provisions 9.06.030 Possession, delivery, distribution, and indoor
Inspection of premises 9.06.230 cultivation of marijuana 10.84.040
License, permit Purpose 10.84.010
See also MTO certificate, Permit
application 9.06.050 MINIMUM WAGE
documentation 9.06.055 Application of minimum wage to welfare-to-work
fee 9.06.060 programs 3.37.110
grounds for denial 9.06.070 Authority 3.37.020
expiration and renewal 9.06.065 Definitions 3.37.030
required 9.06.040, 9.06.041 Enforcement 3.37.090
suspension or revocation Fees 3.37.120
appeals 9.06.220 Implementation 3.37.080
grounds 9.06.200 Minimum wage 3.37.040
hearing 9.06.210 Notice, posting and payroll records 3.37.060
notice 9.06.210 Relationship to other requirements 3.37.100
MTO certificate Retaliation prohibited 3.37.070
See also License, permit, Permit Title 3.37.010
required 09.06.041 Waiver through collective bargaining 3.37.050
Operating requirements 9.06.193
Permit MINOR
See also License, permit, MTO certificate See BINGO
massage establishment employees CURFEW
permit requirements 9.06.080
massage therapist MOBILE VENDORS
annual medical examination 9.06.160 See VENDORS, SIDEWALK
criteria 9.06.110
practical examination 9.06.120 MOSQUITOES
outcall massage Abatement
application 9.06.180 by city when 9.16.080
criteria 9.06.190 cost
Prohibited acts 9.06.198 See also Lien
Purpose of provisions 9.06.010 payment by owner 9.16.090
Sanitary conditions 9.06.196 notice
Violation contents 9.16.050
continuing 9.06.260 when 9.16.040
alternative remedies 9.06.260 Breeding places declared nuisance 9.16.020
penalty 9.06.250
public nuisance 9.06.240
2021 S-81
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 SIDEWALK VENDORS
Failing system,correction responsibilities 15.20.130 See VENDORS, SIDEWALK
Installation, construction, alteration inspections
15.20.110 SIGN
state contractor's license required 15.20.090 abandoned or discontinued signs 19.104.320
Liability disclaimer 15.20.160 appeals 19.104.070
New construction,permit required 15.20.060 applicability of regulations 19.104.020
Nuisance declarations 15.20.120 beverage container recycling signs 19.104.180
Permit required changeable copy signs 19.104.180
alterations 15.20.070 construction and maintenance specifications
new construction 15.20.060 19.104.090
septic tanks 15.20.080 decorative statuary 19.104.180
Private system requirements 15.20.040 electronic readerboard signs 19.104.180
Purpose of provisions 15.20.010 enforcement of provisions 19.104.300 j
Sanitary sewer, public, required, exceptions Example of How to Figure Size and Location of
15.20.030 Ground Signs, Ch. 19.104, Appendix A
Septic tank requirements 15.20.080 Examples of Well Proportioned Signs; Examples of
Soil tests 15.20.050 Signs Not Well Proportioned, Ch. 19.104,
State contractor's license required when 15.20.090 Appendix C
Violations exception; findings 19.104.290
designated 15.20.180 freeway orientation 19.104.200
recording notice 15.20.150 gasoline station signs 19.104.170
ground signs 19.104.160
SHEEP illegal signs
See ANIMAL authority to remove in public right-of-way
or on public property 19.104.340
SHERIFF court action authorized 19.104.370
Bingo deemed public nuisance 19.104.370
inspection 5.32.180 private property 19.104.330
license applicant investigation 5.32.210 public property 19.340.340
staff change investigation 5.32.260 responsible party for costs and fees
Private patrol 19.104.360
identification card issuance 5.24.130 storage, reclamation and disposal of
permit application approval 5.24.040 19.104.360
uniform, equipment approval, inspection summary removal authorized 19.104.350
5.24.120 illumination restrictions 19.104.230
inspection requirements 19.104.060
SHOPPING CENTER landmark signs 19.104.210; Ch. 19.104,
See also TRESPASSING Appendix B
Free speech activity restrictions 10.56.040 message substitution 19.104.205
neon signs, exposed&visible 19.104.180
SHORT-TERM RENTAL ACTIVITY nonconforming signs 19.104.310
Administrative regulations and standards 5.08.080 obstructions prohibited 19.104.080
Definitions 5.08.020 penalty 19.104.380
2021 S-81
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 Multi-unit housing 10.90.030 p
window signs 19.104.150 Nonretaliation 10.90.070
permit required 19.104.030 Other requirements and prohibitions 10.90.040
private property, illegal signs 19.104.330 Posting of signs 10.90.050 !
prohibited signs 19.104.110 Smoking prohibited 10.90.020
purpose and intent 19.104.010 Violation-penalty 10.90.060
responsible party for costs and fees 19.104.360
sign program; applicability, SOCIAL HOST RESPONSIBILITY
and findings 19.104.130 Definitions 10.05.010
sign permit application; review criteria 19.104.050 Penalties 10.05.030
application requirements 19.104.040 Remedies cumulative 10.05.040
signs exempt from permit requirements 19.104.100 Unlawful 10.05.020
signs in and near residential districts 19.104.190
signs in special planning districts 19.104.120 SODA FOUNTAIN
storage of removed signs 19.104.360 See RESTAURANT
summary removal authorized 19.104.350
temporary SOILS REPORT
flags 19.104.250 See BUILDING
garage sales 19.104.250 SUBDIVISION
location 19.104.240
political signs 19.104.250 SOLAR SYSTEMS
portable signs and displays 19.104.270 Expedited Process for Small Rooftop Solar Systems
project announcement signs 19.104.260 Applicability 16.28.030
promotional devices 19.104.270 Application and documents 16.28.050
real estate signs 19.104.260 Definitions 16.28.020
special event banners 19.104.270 Intent 16.28.010
subdivision signs 19.104.250 Permit review and inspection requirements
window signs 19.104.280 16.28.060
violation deemed infraction 19.104.380 Purpose 16.28.010
Solar energy system requirements 16.28.040
SINGLE-USE CARRYOUT BAGS
Administrative citation and fine 9.17.150 SOLICITOR
Definitions 9.17.110 See also STREETS, SIDEWALKS
Exemptions 9.17.140 Administrative authority 5.20.100
Findings 9.17.100 Business license
Implementation date 9.17.120 See also BUSINESS LICENSE
Purpose 9.17.100 fee 5.04.290
Severability 9.17.160 Definitions 5.20.010
Restrictions 9.17.130 Exemptions from provisions 5.20.015
Hours of operation 5.20.090
SKATEBOARDS Identification permit
Defined 11.08.015 denial, appeal 5.20.050
Prohibited where 11.08.270 display on demand 5.20.120
Violations, penalties 11.08.280 issuance 5.20.040
nontransferable 5.20.110
SMALL-INCOME BUSINESS revocation
Business license appeals 5.20.070
See also BUSINESS LICENSE grounds 5.20.060
fee 5.04.450 Posting of premises 5.20.140 f
Vehicle requirements 5.20.080 '
Violation, penalty 5.20.130
2021 S-82
I
I
41 Index
Entitlement applications, combining 19.04.090 Food store, specialty
Equestrian center CG zone 19.60.030
FP zone 19.84.020 FP zone
Equipment, home, garden and farm applicability of provisions 19.96.020
ML zone 19.64.020 application requirements 19.96.070
Excluded uses conditional uses 19.96.040
A-1 zone 19.20.020 designated 19.16.010
A zone 19.20.020 excluded uses 19.96.040
FP zone 19.96.040 performance standards 19.96.080
ML zone 19.64.020 permits required for development 19.96.060
ML-rc zone 19.64.020 permitted uses 19.96.040
MP zone 19.64.020 purpose 19.96.010
OA zone 19.64.020 subsidiary uses 19.96.050
OP zone 19.64.020 zoning designations 19.96.030
OS zone 19.88.020 Fraternal organization
PR zone 19.92.020 CG zone 19.60.030
R1C zone 19.20.020 Freeway
R-1 zone 19.20.020 T zone 19.76.030
R-2 zone 19.20.020 Frozen food lockers
R-3 zone 19.20.020 ML zone 19.64.020
RHS zone 19.20.020 ML-rc zone 19.64.020
Executive offices Fruit sale
ML-rc zone 19.64.020 A-1 zone 19.20.020
MP zone 19.64.020 A zone 19.20.020
OA zone 19.64.020 Fuel pump
OP zone 19.64.020 ML zone 19.64.020
Expressway Fur farm
T zone 19.76.030 A-1 zone 19.20.020
Farm worker residence Furniture sales, used
A-1 zone 19.20.020 ML zone 19.64.020
A zone 19.20.020 Gallery
Feed FP zone 19.84.020
sale Garden
ML zone 19.64.020 OS zone 19.84.020
Fences R-3 zone 19.20.020
erection or maintenance of Gates
OS zone 19.84.020 OS zone 19.84.020
exceptions 19.48.060 General commercial zone
location and height See CG zone
zones not requiring design review General office
19.48.030 CG zone 19.60.030
zones requiring design review 19.48.020 Glass and lighting standards
prohibited fences 19.48.090 See GLASS AND LIGHTING STANDARDS
proximity of plants and fences to public streets Go-cart track
19.48.050 FP zone 19.84.020
purpose 19.48.010 Golf course
roadway and driveway gates 19.48.040 A-1 zone 19.20.020
temporary fences for construction 19.48.070 A zone 19.20.020
violation-penalty 19.48.080 BQ zone 19.76.030
Film processing FP zone 19.84.020
ML-rc zone 19.64.020 RHS zone 19.20.020
Financial institution Golf driving ranges
CG zone 19.60.030 ML zone 19.64.020
Firearm practice range Governmental facilities
FP zone 19.84.020 ML-rc zone 19.64.020
Gravel pit
A-1 zone 19.20.020
2021 S-82
Cupertino- Index 42
A zone 19.20.020 Ice sales
Greenhouse ML zone 19.64.020
A-1 zone 19.20.020 Industrial park zone
A zone 19.20.020 See MP zone
ML zone 19.64.020 Industrial zone, light
Group home See ML zone
A-1 zone 19.20.020 Insurance agency
A zone 19.20.020 CG zone 19.60.030
RIC zone 19.20.020 Janitoral service
R-1 zone 19.20.020 ML zone 19.64.020
R-2 zone 19.20.020 Kennel
R-3 zone 19.20.020 A-1 zone 19.20.020
RHS zone 19.20.020 A zone 19.20.020
Guest ranches Kiosks, retail/service
A-1 zone 19.20.020 CG zone 19.60.030
A zone 19.20.020 Laboratory
Gymnasium ML-rc zone 19.64.020
ML-rc zone 19.64.020 Lake
Health club OS zone 19.84.020
ML-rc zone 19.64.020 Landscaping garden
Heliports A-1 zone 19.20.020
ML zone 19.64.020 A zone 19.20.020
Helicopter terminal Laundry
T zone 19.76.030 CG zone 19.60.030
Homeless shelter, rotating Liquor stores
BQ zone 19.76.030 CG zone 19.60.030
Home occupations Lodge
A-1 zone 19.20.020 CG zone 19.60.030
A zone 19.20.020 Lumberyard
excluded occupations 19.120.050 ML zone 19.64.020
nonconforming uses 19.120.060 Machinery rental, sales
purpose 19.120.010 ML zone 19.64.020
RIC zone 19.20.020 ML-rc zone 19.64.020
R-1 zone 19.20.020 Manufacturing
R-2 zone 19.20.020 ML zone 19.64.020
R-3 zone 19.20.020 Map
requirements generally 19.120.020 areas not shown 19.16.040
RHS zone 19.20.020 district boundaries 19.16.030
standards use, interpretation 19.16.050
designated 19.120.030 Martial arts
interpretation of standards 19.120.040 FP zone 19.84.020
Horses, boarding of Mausoleum
A-1 zone 19.20.020 A-1 zone 19.20.020
A zone 19.20.020 A zone 19.20.020
Horticulture Medical laboratories
R-1 zone 19.20.020 MP zone 19.64.020
R-3 zone 19.20.020 OP zone 19.64.020
RHS zone 19.20.020 Messenger service
Hospital ML zone 19.64.020
BQ zone 19.76.030 Mine
Hotels A-1 zone 19.20.020
CG zone 19.60.030 A zone 19.20.020
Houses, fraternity and sorority Miniature golf courses
CG zone 19.60.030 ML zone 19.64.020
T zone 19.76.030
2012 S-31