MCA-2010-05b - Parking Ordinance ORDINANCE NO. 11-2074
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.100 (PARKING REGULATIONS) OF THE CUPERTINO
MUNICIPAL CODE WITH ASSOCIATED AMENDMENTS TO CHAPTER 19.08
(DEFINITIONS ORDINANCE) RELATED TO CLARIFYING LANGUAGE
REGARDING STORAGE AND PARKING OF HEAVY EQUIPMENT AND PLANNED
NON-OPERATIONAL VEHICLES IN RESIDENTIAL ZONES
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purnose.
This ordinance amendment clarifies language regarding storage and parking of vehicles.
Section 2. Code Amendmen�
A. Chapter 19.08, entitled "Definitions," of the Cupertino Municipal Code, is amended to read
as shown in Exhibit 1; and
B. Sections 19.100.030 and 19.100.040 in Chapter 19.100, entitled "Parking Regulations," of
the Cupertino Municipal Code is amended, to read as shown in Exhibit 2.
Section 3. Severabilitv.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void,
that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the provisions
hereof are severable.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as
provided by Government Code Section 36937.
Section 5. Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting of the entire text.
Section 6. CE A.
Because this ordinance makes purely procedural changes, and improvements to readability, this
ordinance is exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3).
Section 7. Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous provisions
of the Cupertino Municipal Code, these provisions shall be construed as continuations of those
provisions and not as amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 1 st day of March,
2011 and ENACTED at a regular meeting of the Cupertino City Council on this 15th day of
Mazch, 2011 by the following vote:
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/Gilbert Wong
City Clerk Mayor, City of Cupertino
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ATTACHMENT I
CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and Applicability.
19.08.020 General Rules for Construction of Language.
19.08.030 Definitions.
19.08.010 Purpose and Applicability.
The purpose of this chapter is to promote consistency and precision in the interpretation of
zoning regulations. The meaning and constxuction of words and phrases defined in this chapter
shall apply throughout the zoning regulations, except where the context of such word or phrases
clearly indicates a different meaning or construction.
(Ord. 1601, Exh. A (part), 1992)
19.08.020 General Rules for Construction of Language.
The following general rules of construction shall apply to the text of the zoning regulations:
A. The particular shall control the general.
B. In case of any difference of ineaning or implication between the text of any provision and
any caption or illustration, the text shall control.
C. The word "sha11" is always mandatory and not discretionary. The word "may" is
discretionary.
D. References in the masculine and feminine genders are interchangeable.
E. Words used in the singular include the plural, and the plural includes the singulaz, unless
the context clearly indicates the contrary.
F. The words "activities" and "facilities" include any part thereof.
G. Unless the context clearly indicates to the contrary, the following conjunctions shall be
interpreted as follows:
1. "And" indicates that all connected items or provisions shall apply;
2. "Or" indicates that the connected items or provisions may apply singly or in any
combination;
3. "Either ... or" indicates that the connected items or provisions shall apply singly but not
in combination.
H. The words "lot" and "plot" are interchangeable.
I. The word "building" includes the word "structure."
J. All public officials, bodies, and agencies to which reference is made aze those of the City
unless otherwise indicated.
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K. "City" means the City of Cupertino.
(Ord. 1601, Exh. A (part), 1992)
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. "A" Definitions:
"Abandon" means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
"Abutting" means having property or district lines in common.
"Accessory building" means a building which is incidental to and customarily associated
with a specific principal use or facility and which meets the applicable conditions set forth in
Chapter 19.80.
"Accessory structure" means a subordinate structure, the use of which is purely incidental to
that of the main building and which shall not contain living or sleeping quarters. Examples
include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded.
"Addition" means any construction which increases the size of a building or facility in terms
of site coverage, height, length, width, or gross floor area ratio.
"Adult bookstore" means a building or portion thereof used by an esta.blishment having as a
substantial or significant portion of its stock in trade for sale to the public or certain members
thereof, books, magazines, and other publications which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas," as hereinafter defined.
"Adult cabaret" means a building or portion thereof used for dancing purposes thereof or axea
used for presentation or exhibition or featuring of topless or bottomless dancers, strippers,
male or female impersonators or similar entertainers, for observations by patrons or
customers.
"Adult motion picture theater" means a building or portion thereof or area, open or enclosed,
used for the presentation of motion pictures distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas," as hereinafter defined, for observation by patrons or customers.
"Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock fanning, dairying, or animal husbandry, including slaughterhouses, fertilizer yards,
bone yard, or plants for the reduction of animal matter or any other similar use.
"Alley" means a public or private vehiculaz way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
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"Alteration" means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of buildings
or structures on a site, or substantial change in appearances of any building or structure.
1. "Incidental alteration" means any alteration to interior partitions or interior supporting
members of a structure which does not increase the structural strength of the structure;
any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other
utility services, fixtures, or appliances; any addition, closing, or change in size of doors
or windows in the exterior walls; or any replacement of a building facade which does
not increase the structural strength of the structure.
2. "Structural alteration" means any alteration not deemed an incidental alteration.
"Amusement park" means a commercial facility which supplies various forms of indoor and
outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. "Adult animal" means any animal four months of age or older.
2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or
similar domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. "Small animal" means animals which are commonly found in single-
family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
"Animal care" means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services.
"Apartment" means a room or a suite of two or more rooms which is designed for, intended
for, and occupied by one family doing its cooking therein.
"Apartment house" means a building designed and used to house three or more families,
living independently of each other.
"Apartment project" means a rental housing development consisting of two or more dwelling
units.
"Architectural feature" means any part or appurtenance of a building or structure which is not
a portion of the living area of the building or structure. Examples include: cornices,
canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any
projection of the floor area shall not constitute an architectural projection.
"Atrium" means a courtyard completely enclosed by wa11s and/or fences.
"Attic" means an area between the ceiling and roof of a structure, which is unconditioned
(not heated or cooled) and uninhabitable.
"Automotive service station" means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similaz motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The
sale of food or grocery items on the same site is prohibited except for soft drinks and snack
foods, either from automatic vending machines or in shelves. The sale of alcoholic
beverages on the site is governed by Chapter 19.106.
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"Automotive repair and maintenance (minor)" means the supplying of routine automotive
services such as lubrication, engine tuneups, smog certificates, servicing of tires, brakes,
batteries and similar accessories, and minor repairs involving engine accessories. Any repair
which requires the engine, drive train, transmission assembly, exhaust system, or drive train
parts to be removed from a motor vehicle or requires the removal of internal parts shall not
be considered minor. Body and paint shop operations are not minor repairs or maintenance.
"Average percent of slope" means the ratio between vertical and horizontal distance
expressed in percent; the mathematical expression is based upon the formula described
below:
S_ �IxLx 1001
A �
S= Average slope of ground in percent
I= Contour interval in feet
L= Combined length in feet of all contours on parcel
A= Area of parcel in square feet.
B. "B" Definitions:
"Basement" means any floor below the first story in a building that is fully submerged below
grade except for lightwells required for light, ventilation and emergency egress. A basement
may have a m�imum exterior wall height of two feet between natural grade and ceiling.
"Block" means any lot or group of contiguous lots bounded on all sides by streets, railroad
rights or waterways, and not traversed by any street, railroad right or
waterway.
"Boarding home" means any building used for the renting of rooms or providing of table
boazd for from three to five persons, inclusive, over the age of sixteen years, who are not
members of the same family.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy when any portion of a building is completely separated from every other portion
thereof by an"area separation wall" as defined by the Uniform Building Code, then each
, such portion shall be deemed to be a sepaxate building.
l. Building, Attached. "Attached building" means buildings which are physically
connected by any structural members or wall, excluding decks, patios or fences.
"Building coverage" means that portion of the net lot area encompassed within the outermost
wall line which defines a building enclosure.
"Business" or "commerce" means the purchase, sale or other transaction involving the
handling or disposition of any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops for the sale of personal services,
garages, outdoor advertising signs and structures, hotels and motels, and recreational and
amusement enterprises conducted for profit.
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"Business or trade school" means a use, except a college or university, providing education
or training in business, commerce, language, or similar activity or pursuit, and not otherwise
defined as a home occupation.
C. "C" Definitions:
"Canopy" means any roof-like structure, either attached to another structure or freestanding,
or any extension of a roof line, constructed for the purpose of protection from the elements in
connection with outdoor living.
"Car shelter" means a roofed structure or a part of a building not enclosed by walls, intended
and designed to accommodate one or more vehicles.
"Centerline" means the centerline as established by the County Surveyor of Santa Clara
County, the City Engineer, or by the Sta.te Division of Highways of the State of California.
"Change of use" means the replacement of an existing use by a new use, or a change in the
nature of an existing use, but not including a change in ownership, tenancy or management
where the previous nature of the use, line of business, or other function is substantially
changed.
"Child" means a person who is under ten years of age for whom care and supervision are
being provided in a day care home or day care facility.
"Child day care facility" means a facility, licensed by the State or County, which provides
care to children under eighteen years of age in need of personal service, supervisors, or
assistance essential for sustaining the activities of daily living or for the protection of the
individual on a less than twenty-four-hour basis. Child day care facility includes day care
centers and family day care homes and includes the following:
1. "Large child care facility," which means a facility which provides child and day care to
seven to twelve children inclusive;
2. "Small child care facility," which means a facility which provides child day care for one
to six children inclusive.
"Church" means a use providing facilities for organized religious worship and religious
education incidental thereto, but excluding a private educational facility. A property tax
exemption obtained pursuant to Section 3(� of Article XIII of the Constitution of the State of
California and Section 206 of the Revenue and Taxation Code of the State of California, or
successor legislation, constitutes prima facie evidence that such use is a church as defined in
this section.
"College" or "university" means an educational institution of higher learning which offers a
course of studies designed to culminate in the issuance of a degree or defined by Section
94302 of the Education Code of the State of California, or successor legislation.
"Commercial recreation" means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar
services, operated on a private or for-profit basis, but excluding uses defined as outdoor
recreation services.
� "Community center" means a place, structure, area, or other facility used for and providing
religious, fraternal, social and/or recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
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"Community housing project" means a condominium project as defined in Section 135 of the
California Civil Code, a community apartment project as defined in Section 11004 of the
California Business and Professions Code, containing two or more rights of exclusive
occupancy, or a stock cooperative, as defined in Section 11003.2 of the California Business
and Professions Code, containing two or more separately owned lots, parcels or areas.
"Congregate residence" means any building or portion thereof which contains facilities for
living, sleeping and sanitation, as required pursuant to the Uniform Building, Housing and
Fire Codes and may include facilities for eating and cooking for nontransient occupancy
primarily by persons eighteen years old and older, in which the responsibilities for rent,
housekeeping, cooking and other household maintenance chores are shared among the
occupants.
"Convalescent facility" means a use other than a residential care home providing inpatient
services for persons requiring medical attention, but not providing surgical or emergency
medical services.
"Convenience market" means a use or activity that includes the retail sale of food, beverages,
and small personal convenience items, including sale of food in disposable containers
primarily for off-premises consumption, and typically found in establishments with long or
late hours of operation and in relatively small buildings, but excluding delicatessens and
other specialty food shops and establishments which have a sizable assortment of fresh fruits,
vegetables, and fresh-cut meats.
"Conversion" means a change in the type of ownership of a parcel (or parcels) of land,
together with the existing attached structures, to that defined as a community housing project,
regardless of the present or prior use of such land and structures and whether substantial
improvements have been made or are to be made to such structure.
"Corner triangle" means a triangular-shaped area bounded by:
1. The intersection of the tangential extension of front and end property lines as formed by
the intersection of two public rights-of-way abutting the said property lines; and
2. The third boundary of the triangular-shaped area shall be a line connecting the front and
side property lines at a distance of forty feet from the intersection of the tangential
extension of front and side property lines.
"Court" means an open, unoccupied space, other than a yard, on the same lot with a building
or buildings and which is bounded on two or more sides by such building or buildings,
including the open space in a house court or court apartment providing access.
"Covered parking" means a carport or garage that provides full overhead protection from the
elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not
ordinarily roof coverings and cannot be used in providing a covered parking space.
D. "D" Definitions:
"Day care center" means any child day caze facility, licensed by the State or County, other
than a family day care home, and includes infant centers, preschools, and extended day care
facilities.
Day Care Home, Family. "Family day care home" means a home, licensed by the State or
County, which regularly provides care, protection and supervision of twelve or fewer
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children, in the provider's own home, for periods of less than twenty-four hours per day,
while the parents or guardian are away, and includes the following:
1. "Large-family day care home," which means a home which provides family day care to
seven to twelve children, inclusive, including children under the age of ten years who
reside at the home;
2. "Small-family day care home," which means a home which provides family day care to
six or fewer children, including children under the age of sixteen years who reside at the
home.
"Developer" means the owner or subdivider with a controlling proprietary interest in the
proposed community housing project, or the person or organization making application
thereunder.
"Development Permit" means a permit issued by the City Council, Planning Commission,
Design Review Committee, Director of Community Development, or any other decision
body as empowered by the Cupertino Municipal Code, approving architecture, site
improvements, buildings, structures, land and/or uses. Development Permits may include but
shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential
Permits, Architectural and Site Approvals, Planned Development Permits, Conditional Use
Permits, Exceptions, Variances or Subdivision Maps.
"District" means a portion of the territory within the City within which certain uses of land,
premises and buildings are permitted and certain other uses of land, premises and buildings
are prohibited, and within which certain yards and other open spaces are required and certain
building site areas are established for buildings, all as set forth and specified in this title.
"Drinking establishment" means an activity that is primarily devoted to the selling of
alcoholic beverages for consumption on the premises.
"Drive-through establishment" means an activity where a portion of retailing or the provision
of service can be conducted without requiring the customer to leave his or her car.
Driveway, Curved. "Curved driveway" means a driveway with access to the front property
line which enters the garage from the side at an angle of sixty degrees or greater to the front
curbline and which contains a functional twenty-foot-deep parking area that does not
overhang the front property line.
"Duplex" means a building containing not more than two kitchens, designed and used to
house not more than two families living independently of each other.
"Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking
and sanita.tion facilities, constituting a separate and independent housekeeping unit, occupied
or intended for occupancy by one family on a nontransient basis and having not more than
one kitchen.
E. "E" Definitions:
Emergency Shelter:
"Emergency shelter, rotating" means a facility that provides temporary housing with minimal
supportive services. Such shelters shall be limited to a time period of two months in a
twelve-month period at any single location and shall meet criteria in Section 19.64.040(A).
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"Emergency shelter, permanent" means a facility that provides temporary housing with
minimal supportive services that is limited to occupancy of six months or less. Such shelters
may be permanently operated and shall meet criteria in Section 19.64.040(B).
"Enclosed" means a covered space fully surrounded by walls, including windows, doors and
similar openings or architectural features, or an open space of less than one hundred square
feet fully surrounded by a building or walls exceeding eight feet in height.
"Entry feature" means a structural element, which leads to an entry door.
"Equestrian center" means a facility for the shelter, display, e�ibition, keeping, exercise or
riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture
lands, corrals and trails.
"Equipment yard" means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public
utility service, transportation service, or similar activity, including but not limited to, a
construction material yaxd, corporation yard, vehicular service center or similar use.
F. "F" Definitions:
"Facility" means a structure, building or other physical contrivance or object.
1. "Accessory facility" means a facility which is incidental to, and customarily associated
with a specified principal facility and which meets the applicable conditions set forth in
Chapter 19.80.
2. "Noncomplying facility" means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any
district to the property involved by reason of which the adoption or application the
facility becomes noncomplying. (For the definition for "nonconforming use" see the
definition "use" in this chapter.)
3. "Principal facilities" means a main building or other facility which is designed and
constructed for or occupied by a principal use.
"Family" means an individual or group of persons living together who constitute a bona fide
single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a
fraternity, sorority, club, or other group of persons occupying a hotel, lodginghouse, or
institution of any kind.
"Family day care home" means a home which regularly provides care, protection,
supervision of children in the home for periods of less than twenty-four hours a day, while
the parents or guardians are away.
"First floor" means that portion of a structure less than or equal to twenty feet in height,
through which a vertical line extending from the highest point of exterior construction to the
appropriate adjoining grade, passes through one story.
"Floor area" means the total area of all floors of a building measured to the outside surfaces
of exterior walls, and including the following:
1. Halls;
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2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. Interior building azea above fifteen feet in height between any floor level and the ceiling
above;
6. Basements with lightwells that do not conform to Section 19.28.060F;
7. In a11 zones except residential, permanently roofed, but either partially enclosed or
unenclosed building features used for sales, service, display, storage or similar uses.
"Floor area" shall not include the following:
1. Basements with lightwells that conform to Section 19.28.060F;
2. Lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages, accessory to a permitted conditional use
and located on the same site;
5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar
features not substantially enclosed by exterior walls.
"Floor area ratio" means the maximum ratio of gross floor azea on a site to the total site azea.
"Front wall" means the wall of a building or other structure nearest the street upon which the
building faces, but excluding certain architectural features as defined in this chapter.
"Full cash value" has the meaning assigned to it in the California Revenue and Taxation
Code for property taxation purposes.
G. "G" Definitions:
"Garage" means an accessory building (completely closed) used primarily for the storage of
motor vehicles.
"Grade" or "finished grade" means the lowest point of adjacent ground elevation of the
finished surface of the ground paving, or sidewalk, excluding areas where grade has been
raised by means of a berm, planter box, or similar landscaping feature, unless required for
drainage, within the area between the building and the property line, or when the property
line is more than five feet from the building, between the building and a line five feet from
the building.
"Gross lot area" means the horizontal area included within the property lines of a site plus the
street area bounded by the street centerline up to thirty feet distant from the property line, the
street right-of-way line and the extended side yard to the street centerline.
"Group care activities" means a residential care facility providing continuous care for six or
fewer persons on a twenty-four-hour basis, which requires licensing by a governmental
agency.
"Guest room" means a room which is intended, arranged or designed to be occupied by
occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the
room is located, and which contains no kitchen facilities.
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H. "H" Definitions:
"Habitable floor" means the horizontal space between a floor area of at least seventy square
feet and the ceiling height measuring at least seven feet six inches above it, except for a
kitchen which shall have a ceiling height not less than seven feet above said floor.
"Habitable space" means space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compariment, closets, halls, storage or utility space and similar areas are .
not considered habitable space.
"Heavy equipment" means any mechanical or motorized device that is not a vehicle or a
commercial vehicle as defined in 19.08.030(V), including, but not limited to, a backhoe,
cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar
device.
"Height" means a
vertical distance
measured parallel to the
natural grade to the
highest point of exterior ro of 4
construction, exclusive P ate
of chimneys, antennas or Entry
other appurtenances, _ Feat��e
0
except that entry features �
are measured to the top
of the wall plate.
Natural
Height restriction shall Grade
be established by
establishing a line Height Limit for Entry Features
parallel to the natural
grade.
"Home occupation" means an accessory activity conducted in a dwelling unit solely by the
occupants thereof, in a manner incidental to residential occupancy, in accord with the
provisions of this title. (For further provisions, see regulations for home occupation in
Chapter 19.92.)
"Hospital" means a facility for providing medical, psychiatric or surgical services for sick or
injured persons, primarily on an inpatient basis, and including ancillary facilities for
outpatient and emergency treatment, diagnostic services, training, research, administration,
and service to patients, employees or visitors.
"Hotel" means a facility containing rooms or groups of rooms, generally without individual
kitchen facilities, used or intended to be used by temporary overnight occupants, whether on
a transient or residential occupancy basis, and whether or not eating facilities are available on
the premises. Hotel includes motel, motor hotel, tourist court, or similar use, but does not
include mobilehome parks or similar uses.
"Household pets" means sma11 animals commonly found in residential areas such as
chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or
equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small
household pets, such as fish, birds or hamsters, which is incidental to any permitted use.
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I. "I" Definitions:
None.
J. "J" Definitions:
"Junkyard" means the use of more than two hundred square feet of the area of any lot for the
storage or keeping of junk, including scrap metals or other scrap material, and/or for the
dismantling or wrecking of automobiles or other vehicles or machinery.
K. "K" Definitions:
"Kitchen" means an area in habitable space used for the preparation of food and including at
least three of the following:
1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas
connections and space for appliances between counters;
2. Counter;
3. Refrigerator;
4. Sink.
L. "L" Definitions:
"Landscaping" means an area devoted to or developed and maintained with native or exotic
planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative
outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of
rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage
areas), and sculptural elements.
"Late evening activities" means an activity which maintains any hours of operation during
the period of eleven p.m. to seven a.m.
"Legal substandard lot" means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in
the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of
required street dedication unless otherwise provided in the City of Cupertino General Plan.
The owner of a legally created, substandard property which is less than six thousand square
feet but equal to or greater than five thousand square feet may utilize such parcel for
residential purposes. The owner of a legally created parcel of less than five thousand square
feet may also develop the site as a single-family residential building site if it can be
demonstrated that the property was not under the same ownership as any contiguous property
on the same street frontage as of or after July 1, 1984.
"Lightwell" means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
"Liquor store" means a use requiring a State of California "off-sale general license" (sale for
off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the
total dollar sales accounted for by beverage covered under the off-sale general license.
"Living space" means habitable space and sanitation.
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"Loading space" means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
"Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an
accessory building to persons other than members of the family residence in the dwelling
unit, for overnight occupancy on a residential occupancy basis, whether or not meals are
provided to such person. Lodging shall be subject to the residential density requirements of
the district in which the use is located.
"Lodging unit" means a room or group of rooms not including a kitchen, used or intended for
use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit
providing lodging where designed or used for occupancy by more than two persons; each
two-person capacity shall be deemed a separate lodging unit for the purpose of determining
residential density; each two lodging units shall be considered the equivalent of one dwelling
unit.
"Lot" or "site" means a parcel of land consisting of a single lot of record, used or intended
for use under the regulations of this title as one site for a use or a group of uses.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street lines.
2. "Flag lot" means a lot having access to a street by means of a private driveway or parcel
of land not otherwise meeting the requirement of this title for lot width.
3. "Interior lot" means a lot other than a corner lot.
4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side line of the corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
5. "Lot area" means the area of a lot measured horizontally between boundary lot lines, but
excluding a portion of a flag lot providing access to a street and lying between a front lot
line and the street, and excluding any portion of a lot within the lines of any natural
watercourse, river, stream, creek, waterway, channel or flood control or drainage
easement and excluding any portion of a lot within a street right-of-way whether
acquired in fee, easement or otherwise.
"Lot coverage" means and encompasses the following:
1. "Single-family residential use" means the total land area within a site that is covered by
buildings, including all proj ections, but excluding ground-level paving, landscape
features, lightwells, and open recreational facilities.
2. "All other uses except single-family residential" means the total land area within a site
that is covered by buildings, excluding all projections, ground-level paving, landscape
features, and open recreational facilities.
"Lot depth" means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is
no clear rear lot line.
"Lot line" means any boundary of a lot.
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l. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner lot,
the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to
and nearest the street from which access is obtained.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means the lot line not intersecting a front lot line which is most distant
from and the most closely parallel to the front lot line. A lot bounded by only three lot
lines will not have a rear lot line. �
4. "Side lot line" means any lot line which is not a front or rear lot line.
5. "Street lot line" means any lot line abutting a street.
"Lot of record" means a lot which is part of a subdivision recorded in the office of the
County Recorder, or a lot or parcel described by metes and bounds which has been recorded.
"Lot width" means the horizontal distance between side lot lines, measured at the required
front setback line.
M. "M" Definitions:
"Manufacturing" means a use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing fabrication, assembly,
treatment, packaging of such products, but excluding basic industrial processing of extracted
or raw materials, processes utilizing inflammable or explosive material (i.e., materials which
ignite easily under normal manufacturing conditions), and processes which create hazazdous
or commonly recognized offensive conditions.
"Massage" means any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body
with the hands or with any mechanical or electrical apparatus or other appliances or devices
with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotion, ointment or other similar preparations.
"Massage parlor" means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for
compensation is operated which is not exempted or regulated by the Massage Establishment
Ordinance as contained in Title 9, Health and Sanitation of the Cupertino Municipal Code,
Chapter 9.06.
"Mobilehome" means a vehicle, other than a motor vehicle, designed or used as
semipermanent housing, designed for human habita.tion, for carrying persons and property on
its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach.
"Mobilehome park" means any area or tract of land where lots are sold, rented, or held out
for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the
purpose of permanent or semipermanent housing.
"Multiple-family use" means the use of a site for three or more dwelling units which may be
in the same building or in separate buildings on the same site.
N. "N" Definitions:
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"Natural�grade" means the contour of the land prior to improvements or development, unless
otherwise established by a city approved grading plan that is part of a subdivision map
approval.
"Net lot area" means the total area included within the property lines of a site, excluding the
following:
1. Any portion of a site within the right-of-way of an existing public street;
2. The portion of a flag lot constituting the access corridor lying between the front property
line and the frontage line of the corridor at the street;
3. The full width of any legal easement used for access purposes.
"Nightclub" means an establishment providing alcoholic beverage service and late evening
(past eleven p.m.) entertainment, with or without food service.
O. "O" Definitions:
"Office" means:
1. "Administrative or executive offices" including those pertaining to the management of
office operations or the direction of enterprise but not including merchandising or sales
services.
2. "Medical office" means a use providing consultation, diagnosis, therapeutic,
preventative or corrective personal treatment services by doctors, dentists, medical and
dental laboratories, and similar practitioners of inedical and healing arts for humans,
licensed for such practice by the State of California and including services related to
medical research, testing and analysis.
3. "Professional offices" such as those pertaining to the practice of the professions and arts
including, but not limited to, architecture, dentistry, engineering, law and medicine, but
not including sale of drugs or prescriptions except as incidental to the principal uses and
where there is external evidence of such incidental use.
"Offset" means the indentation or projection of a wall plane.
"Open" means a space on the ground or on the roof of a structure, uncovered and unenclosed.
"Organizational documents" means the declaration of restrictions, articles of incorporation,
bylaws and any contracts for the maintenance, management or operation of all or any part of
a community housing proj ect.
"Outdoor recreation use" means a privately owned or operated use providing facilities for
outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport
or recreation, operated predominantly in the open, except for accessory or incidental enclosed
services or facilities.
P. "P" Definitions:
"Park" means any open space, reservation, playground, swimming pool, golf course,
recreation center, or any other area in the City owned or used by the City or County and
devoted to active or passive recreations.
"Parking area" means an unroofed, paved area, delineated by painted or similar markings,
intended and designed to accommodate one or more vehicles.
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"Pazking facility" means an area on a lot or within a building, or both, including one or more
parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances
and similar features, and meeting the requirements established by this title. Parking facility
includes parking lots, garages and parking structures.
1. "Temporary parking facility" means parking lots which aze not required under this title
and which are intended as interim improvements of property subject to removal at a later
date.
"Parking space" means an area on a lot or within a building, used or intended for use for
parking a motor vehicle, having permanent means of access to and from a public street or
alley independently of any other parking space, and located in a pazking facility meeting the
requirements established by this title. Parking space is equivalent to the term "parking stall"
and does not include driveways, aisles or other features comprising a parking facility as
previously defined in this chapter.
"Personal fitness training center" means a facility providing space and equipment, with or
without supervision, for group or individual athletic development, increased skill
development in sports activity, or rehabilitative therapy for athletic injury.
"Picnic area" means a facility providing tables and cooking devices for preparation and
consumption of ineals out of doors or within an unenclosed shelter structure.
"Practice range" means a facility providing controlled access to fixed or movable objects
which are used to test and measure accuracy of discharge from a weapon.
"Private educational facility" means a privately owned school, including schools owned and
operated by religious organizations, offering instruction in the several branches of learning
and study required to be taught in the public schools by the Education Code of the State of
California.
"Professional office" means a use providing professional or consulting service in the fields of
law, architecture, design, engineering, accounting, and similar professions, including
associated testing and prototype development, but excluding product manufacturing or
assembly.
"Project improvements" means all public road improvements, undergrounding utility
improvements, and improvements to the on-site utility networks as required by the City of
Cupertino for a coinmunity housing proj ect.
"Proj ection" means azchitectural elements, not part of the main building support, that
cantilevers from a single building wall or roof, involving no supports to the ground other than
the one building wall from which the element projects.
"Property" means real property which includes land, that which is affixed to the land, and
that which is incidental or appurtenant to the land as defined in Civil Code Sections 658
through 662.
l. Property, Adjoining. "Adjoining property" means any unit of real property, excluding
lands used as public streets, sharing one or more common points with another property.
"Provider" means a person who operates a child day care home and is licensed by the State
of California.
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"Public dancehall" is a building or portion thereof used for dancing purposes to and in which
the general public is admitted and permitted to dance, upon payment of any fee other than
compensation, or upon payment of a charge for admission, or for which tickets or other
devices are sold, or in which a charge is made for the privilege of dancing with any other
person employed for such purpose by the operator of such establishment, including but not
limited to t�i dances, but excluding restaurants, hotel rooms and nightclubs in which the
dancing is incidental only to other entertainment.
Q. "Q" Definitions:
None.
R. "R" Definitions:
"Recreational open space" means open space within a community housing proj ect (exclusive
of required front setback areas) which shall be used exclusively for leisure and recreational
purposes, for the use and enjoyment of occupants (and their visitors) of units on the project
and to which such occupants (and their visitors) have the right of use and enjoyment.
Accessory structures such as swimming pools, recreational buildings and landscaped areas
may be included as open space.
"Recycling center" means facilities appurtenant and exterior to an otherwise allowed use,
which aze utilized for collection of recyclable materials such as metal, glass, plastic, and
paper stored in mobile vehicles or trailers, permanent storage units, or in bulk reverse-
vending machines exceeding fifty cubic feet in size.
"Religious institution" means a seminary, retreat, monastery, conference center, or similar
use for the conduct of religious activities including accessory housing incidenta.l thereto, but
excluding a private educational facility. Any such use for which a property tax exemption
has been obtained pursuant to Section 3(� of Article XIII of the Constitution of the State of
California and Section 206 of the Revenue and Taxation Code of the State of California, or
successor legislation, or which is used in connection with any church which has received
such an exemption, shall be prima facie presumed to be a religious institution.
"Residential care facility" means a building or portion thereof designed or used for the
purpose of providing twenty-four-hour-a-day nonmedical residential living accommodations
pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of
money or other consideration, where the duration of tenancy is determined, in whole or in
part, by the individual resident's participation in group or individual activities such as
counseling, recovery planning, medical or therapeutic assistance. Residential care facility
includes, but is not limited to, health facilities as defined in California Health and Safety
Code (H&SC) Section 1250 et seq., community care facilities (H&SC Section 1500 et seq.),
residential care facilities for the elderly (H&SC Section 1569 et seq.), and alcoholism or drug
abuse recovery or treatment facilities (H&SC Section 11384.11), and other similar care
facilities.
Restaurant:
1. Restaurant, Fast-Food. "Fast-food restaurant" means a retail food service establishment
in which prepared foods or beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of the patrons may serve
themselves and may consume the food and beverages off-site. A separate bar facility for
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serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for
serving alcoholic beverages shall be considered a separate bar facility. Specialty food
stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food
restaurants.
2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a
fast-food restaurant. Alcoholic beverages may be served with meals at a customer's
dining table; however, a separate bar facility for serving alcoholic beverages is not
permitted without a use permit.
"Research and development" means a use engaged in study, design, analysis and
experimental development of products, processes or services, including incidental
manufacturing of products or provisions of services to others.
"Residential care home" means the use of a dwelling unit or portion thereof licensed by the
State of California or County of Santa Clara, for care of up to six persons, including
overnight occupancy or care for extended time periods, and including all uses defined in
Sections 5115 and 5116 of the California Welfare and Institutions Code, or successor
legislation.
"Reverse vending machine" means a mechanical device which accepts one or more types of
empty beverage containers and issues a cash refund or credit slip.
"Rotating homeless shelter" means a shelter located in an existing church structure, the
shelter provided not to exceed two months in any twelve-month period at any single location,
and the number of occupants not to exceed twenty-five, hours of operation not to exceed six
p.m. to seven a.m.
S. "S" Definitions:
"Screened" means shielded, concealed, and effectively hidden from view at an elevation of
up to eight feet above ground level on adjoining sites, or from adjoining sites, within ten feet
of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape
feature, or combination thereof.
"Second dwelling unit" means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel
as the single-family dwelling is situated.
"Setback line" means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-of-way
or private road, whether acquired in fee, easement, or otherwise, or a line otherwise
established to govern the location of buildings, structures or uses. Where no minimum front,
side or rear yaxds are specified, the setback line shall be coterminous with the corresponding
lot line.
Setback Area, Required. "Required setback area" means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line
and the setback line on the same site.
1. Setback Area, Required Front Yard. "Required front-yard setback area" means the
setback area extending across the front of a lot between the front lot line and the setback
line. Front yards shall be measured either by a line at right angles to the front lot line, or
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by a radial line in the case of a curved front lot line, except flag lots which is the area
extending across the full extent of the buildable portion of the flag lot measured from the
property line which is parallel to and nearest the street line and at which point the lot
width equals a minimum of sixty feet. The Planning Commission shall have the
discretion to modify the provisions of this definition when it improves the design
relationship of the proposed buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. "Required rear-yazd setback area" means the area
extending across the full width of the lot between the rear lot line and the nearest line or
point of the main building.
3. Setback Area, Required Side Yard. "Required side-yard setback area" means the area
between the side lot line and the nearest line of a building, and extending from the front
setback line to the rear setback line.
"Shopping center" means a group of commercial establishments, planned, developed, owned
or managed as a unit, with off-street parking provided on the site.
"Single-family use" means the use of a site for only one dwelling unit.
"Specialty food stores" means uses such as bakeries, donut shops, ice cream stores, produce
markets and meat markets, or similar establishments where food is prepazed and/or sold
primarily for consumption off the premises.
"Specified anatomical areas" means:
l. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
"Specified sexual activities" means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breast.
"Story" means that portion of a building, excluding a basement, between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then the space
between the floor and the ceiling next above it.
"Street" means a public or private thoroughfare the design of which has been approved by
the City which affords the principal means of access to abutting property, including avenue,
place, way, drive, lane, boulevazd, highway, road, and any other thoroughfaze except an alley
as defined in this chapter.
1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and
portions thereof and including extensions in the length and width, which have been
dedicated by the owners thereof to public use, acquired for public use, or in which a
public easement for roadway purposes exists.
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"Structure" means that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner.
1. Structure, Recreational. "Recreational structure" means any affixed accessory structure
or portion thereof, which functions for play, recreation or exercise (e.g., pool slides,
playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and
pools) but does not include portable play structures, such as swings or climbing
apparatus.
"Structurally attached" means any structure or accessory structure or portion thereof, which
is substantially attached or connected by a roof structure or similar physical attachment.
"Supportive housing" (per CA Health and Safety Code 50675.14(b)) means housing with no
limit on length of stay, that is occupied by the target population, and that is linked to onsite or
offsite services that assist the supportive housing resident in retaining the housing, improving
his or her health status, and m�imizing his or her ability to live and, when possible, work in
the community.
T. "T" Definitions:
"Target population" (per CA Health and Safety Code 53260(d)) means adults with low
incomes having one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health conditions, or individuals eligible for services provided under
the Lantertnan Developmental Disabilities Services Act (Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code) and may, among other populations,
include families with children, elderly persons, young adults aging out of the foster care
system, individuals exiting from institutional settings, veterans, or homeless people.
"Transient" means any individual who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of thirty
consecutive calendar days or less, counting portions of calendaz days as full days, and
including any individual who actually physically occupies the premises, by permission of any
other person entitled to occupancy.
"Transitional housing" and "transitional housing development" (per CA Health and Safety
Code 50675.2 (h)) means buildings configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of the
assisted unit to another eligible program recipient at some predetermined future point in time,
which shall be no less than six months.
U. "U" Definitions:
"Use" means the conduct of an activity, or the performance of a function or operation, on a
site or in a building or facility.
1. "Accessory use" means a use which is incidenta.l to and customarily associated with a
specified principal use.
2. "Conditional use" means a use listed by the regulations of any particular district as a
conditional use within that district, and allowable therein solely on a discretionary
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use/conditional basis, subject to issuance of a conditional use permit, and to all other
regulations established by this title.
3. "Nonconforming use" means a use which is not a permitted use or conditional use
authorized within the district in which it is located, but which was lawfully existing on
October 10, 1955; or the date of any amendments thereto, or the application of any
district to the property involved, by reason of which adoption or application the use
became nonconforming. (See "noncomplying facilities" in this chapter for a definition.)
4. "Permitted use" means a use listed by the regulations of any particular district as a
permitted use within that district, and permitted therein as a matter of right when
conducted in accord with the regulations established by this title.
5. "Principal use" means a use which fulfills a primary function of a household,
establishment, institution, or other entity.
"Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line
extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g.,
addition equaling ten percent or less of the principal structure) may be included in calculation
of usable rear yard azea.
V. "V" Definitions:
"Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to
a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup,
airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts
thereof, or any device by which any person or property may be propelled, moved or drawn
upon a public street, excepting a device moved exclusively by human power.
l. Vehicle, commercial. "Commercial vehicle" means a vehicle of a type required to be
registered under the California Vehicle Code used or maintained for the transportation of
persons for hire, compensation, or profit or designed, used, or maintained primarily for
the transportation of goods.
2. Vehicle, Recreation. "Recreation vehicle" means a vehicle towed or self-propelled on its
own chassis or attached to the chassis of another vehicle and designed or used for
temporary dwelling, recreational or sporting purposes. The term recreation vehicle
includes, but is not limited to, trailers, motor coach homes, converted trucks and buses,
and boats and boat trailers.
"Visual privacy intrusion" means uninterrupted visual access from a residential dwelling or
structure into the interior or exterior areas of adjacent residential structures, which area is
either completely or partially private, designed for the sole use of the occupant, andlor which
serves to fulfill the interior and/or exterior privacy needs of the impacted residence or
residences.
W. "W" Definitions:
None.
X. "X" Definitions:
None.
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Y. "Y" Definitions:
"Yard" means an area within a lot, adj oining a lot line, and measured horizontally, and
perpendicular to the lot line for a specified distance, open and unobstructed except for
activities and facilities allowed therein by this title.
1. "Front yard" means a yard measured into a lot from the front lot line, extending the full
width of the lot between the side lot lines intersecting the front lot line.
2. "Rear yard" means a yard measured into a lot from the rear lot line, extending between
the side yards; provided that for lots having no defined rear lot line, the rear yard shall
be measured into the lot from the rearmost point of the lot depth to a line parallel to the
front lot line.
3. "Side yard" means a yard measured into a lot from a side lot line, extending between the
front yard and rear lot line.
Z. "Z" Definitions:
None.
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ATTACHMENT II
CHAPTER 19.100 PARKING (Partial)
19.100.030 Regulations for Parking and Storage of Vehicles in Various Zones.
A. Vehicles Permitted in Residential Zones.
1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a
front or street side yard setback area or within twelve feet of a public right-of-way in a rear
yard area in all residential zones subject to the following restrictions:
a. A m�imum of four vehicles are permitted on a lot in residential zone requiring a lot
size of ten thousand square feet or less, a maximum of six vehicles are permitted in all
other residential zones, unless a greater number is approved by the City in conjunction
with a development plan. For purposes of counting vehicles, a camper mounted on a
pickup truck is considered one vehicle and other similarly vertically sta.cked components
which belong together shall be counted as a single vehicle. Horizontal groupings shall
be counted as two vehicles;
b. Any open vehicle containing trash or debris is prohibited;
c. No portion of any vehicle may overhang any public right-of-way;
d. All vehicles must be parked on a permanent impervious or semi-pervious surface. Semi-
pervious surfaces include unit pavers, turf block, brick, cobbles, gravel or other like
materials that must allow for partial infiltration of water and must prevent direct contact
with soil. Impervious surfaces include concrete, asphalt or other like materials that do
not allow infiltration of water. Impervious surfaces may not exceed forty percent of the
front yazd area. Notwithstanding the above, impervious surfaces may not exceed fifty
percent of the front yard area on a lot less than sixty feet in width;
e. All vehicles must be either currently registered, where registration is required for legal
operation and in good operating condition or have a planned non-operation permit on
file with the Department of Motor Vehicles;
f. Residential driveways connecting to a detached garage or carport in the reaz yard shall
have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in
length. Lots that aze more than one hundred fifty feet in length shall have a minimum
driveway width of twelve (12) feet connecting to a detached garage or carport in the rear
yard.
g. In a new residential development, driveways shall have a minimum clearance of two (2)
feet from a building wall, fence, or property line;
h. Except on lots with circular driveways which conform to the provisions of this code, all
vehicles paxked in the front or street side yaxd setback area must be parked perpendicular
to the street. On lots with circular driveways whicn conform to the provisions of this
code, all vehicles parked in the front or street side yard setback area are limited to less
than twenty feet in length, unless parked perpendicular to the street. Owners of vehicles
made nonconforming by the adoption of this section shall comply with this provision
within two years of its enactment;
-1-
i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten
thousand pounds or more, or a total combination of motor truck, truck tractor and/or
trailers that exceeds sixty feet in length is not permitted.
[Provisions A(2) A(8) and Provisions B— E unchangedJ
19.100.040 Regulations for Off-Street Parking.
[Provisions A-K unchangedJ
L. Heavy equipment may only be stored within entirely enclosed structures or behind six-foot-
high fencing in interior side yard and rear yard setback areas. In no case shall these items be
visible from the street even when placed in permitted areas. The above provisions in this
subsection shall not apply to heavy equipment stored on site that is being used for
construction or installation of improvements with a valid building or grading permit.
[Provisions M-Q unchangedJ
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MCA-2010-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6613
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE MUNICIPAL CODE
AMENDMENT TO CHAPTER 19.100 (PARKING ORDINANCE) OF THE CUPERTINO
MUNICIPAL CODE ALONG WITH ASSOCIATED AMENDMENTS TO CHAPTER
19.08 (DEFINITIONS ORDINANCE) RELATED TO CLARIFYING LANGUAGE
REGARDING STORAGE AND PARKING OF HEAVY EQUIPMENT, AIRCRAFT AND
PLANNED NON-OPERATIONAL VEHICLES IN RESIDENTIAL ZONES
The Planning Commission recommends approval of the proposed amendments to the
City of Cupertino Municipal Code as shown in Exhibit A attached herewith.
PASSED AND APPROVED this 12� day of October 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Miller, Kaneda,
Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Aarti Shrivastava /s/Paul Brophy
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
EXHIBIT A
Ordinance No. 10.XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
CHAPTER 19.100 (PARKING REGULATIONS) OF THE CUPERTINO MUNICIPAL CODE
WITH ASSOCIATED AMENDMENTS TO CHAPTER 19.08 (DEFINITIONS ORDINANCE)
RELATED TO CLARIFYING LANGUAGE REGARDING STORAGE AND PARKING OF
HEAVY EQUIPMENT, AIRCRAFT AND PLANNED NON-OPERATIONAL VEHICLES IN
RESIDENTIAL ZONES.
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose.
This ordinance amendment clarifies language regarding storage and parking of vehicles.
Section 2. Code Amendment.
A. Chapter 19.08, entitled "Definitions;' of the Cupertino Municipal Code, is amended to read
as shown in Attachment I; and
B. Sections 19.100.030 and 19.100.040 in Chapter 19.100, entitled "Parking Regulations;' of the
Cupertino Municipal Code is amended, to read as shown in Attachment II.
Section 3. Severabilit�.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the
provisions hereof are severable.
Section 4. E�ective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as
provided by Government Code Section 36937.
Section 5. Certi ication.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting of the entire
text.
INTRODUCED at a regular meeting of the Cupertino City Council the day of
2010 and ENACTED at a regular meeting of the Cupertino City Council on this
� of 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTACHMENT I
� CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and Applicability.
19.08.020 General Rules for Construction of Language.
19.08.030 Definitions.
19.08.010 Purpose and Applicability.
The purpose of this chapter is to promote consistency and precision in the interpretation of
#�e zoning regulations. The meaning and construction of words and phrases defined in this
chapter shall apply throughout the zoning regulations, except where the context of such word
or phrases clearly indicates a different meaning or construction.
(Ord. 1601, E�ch. A (part), 1992)
19.08.020 General Rules for Construction of Language.
The following general rules of construction shall apply to the text of the zoning regulations:
A. The particular shall control the general.
B. In case of any difference of ineaning or implication between the text of any provision and
any caption or illustration, the text shall control.
C. The word "shall" is always mandatory and not discretionary. T'he word "may" is
discretionary.
D. References in the masculine and feminine genders are interchangeable.
E. Words used in the singular include the plural, and the plural includes the singular, unless
the context clearly indicates the contrary.
F. T'he words "activities" and "facilities" include any part thereof.
G. Unless the context clearly indicates to the contrary, the following conjunctions shall be
interpreted as follows:
1. "And" indicates that all connected items or provisions shall apply;
2. "Or" indicates that the connected items or provisions may apply singly or in any
combination;
3. "Either ... or" indicates that the connected items or provisions shall apply singly but
not in combination.
H. The words "lot" and "plot" are interchangeable.
I. The word "building" includes the word "structure."
J. All public officials, bodies, and agencies to which reference is made are those of the City
unless otherwise indicated.
K. "City" means the City of Cupertino.
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(Ord.1601, Exh. A (part),1992)
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. "A" Definitions:
1. "Abandori' means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during
normal periods of vacation or seasonal closure.
2. "Abutting" means having property or district lines in common.
3. "Accessory building" means a building which is incidental to and customarily associated
with a specific principal use or facility and which meets the applicable conditions set forth
in Chapter 19.80.
4. "Accessory structure° means a subordinate structure, the use of which is purely incidental
to that of the main building and which s hall not contain living or sleeping quarters.
Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are
excluded.
5. "Additiori' means any construction which increases the size of a building or facility in
terms of site coverage, height, length, width, or gross floor area ratio.
6. "Adult bookstore" means a building or portion thereof used by an establishment having as
a substantial or significant portion of its stock in trade for sale to the public or certain
members thereof, books, magazines, and other publications which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas;' as hereinafter defined.
7. "Adult cabaret" means a building or portion thereof used for dancing purposes thereof or
area used for presentation or exhibition or featuring of topless or bottomless dancers,
strippers, male or female impersonators or similar entertainers, for observations by patrons
or customers.
8. "Adult motion picture theater" means a building or portion thereof or area, open or
enclosed, used for the presentation of motion pictures distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas;' as hereinafter defined, for observation by patrons or
customers.
9. "Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer
yards, bone yard, or plants for the reduction of animal matter or any other similar use.
10. "Alley" means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
11. "Alteration' means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of
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buildings or structures on a site, or substantial change in appearances of any building or
structure.
�a. "Incidental alteratiori' means any alteration to interior partitions or interior
supporting members of a structure which does not increase the structural strength of
the structure; any alteration to electrical, plumbing, heating, air conditioning,
ventilating, or other utility services, fixtures, or appliances; any addition, closing, or
change in size of doors or windows in the exterior walls; or any replacement of a
building facade which does not increase the structural strength of the structure.
�b. "Structural alteration" means any alteration not deemed an incidental alteration.
12. "Amusement park" means a commercial facility which supplies various forms of indoor
and outdoor entertainment and refreshments.
13. Animal:
a. Animal, Adult. "Adult animal" means any animal four months of age or older.
b. "Animal care" means a use providing grooming, housing, medical care, or other
services to animals, including veterinary services, animal hospitals, overnight or short-
term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar
services.
c. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or
similar domestic or wild animal, as determined by the Planning Commission.
d. Animal, Small. "Small animal" means animals which are commonly found in single-
family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
14. "Apartment" means a room or a suite of two or more rooms which is designed for,
intended for, and occupied by one family doing its cooking therein.
15. "Apartment house" means a building designed and used to house three or more families,
living independently of each other.
16. "Apartment project" means a rental housing development consisting of two or more
dwelling units.
17. "Architectural feature" means any part or appurtenance of a building or structure which is
not a portion of the living area of the building or structure. Examples include: cornices,
canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any
projection of the floor area shall not constitute an architectural projection.
18. "Atrium' means a courtyard completely enclosed by walls and/or fences.
19. "Attic° means an area between the ceiling and roof of a structure, which is unconditioned
(not heated or cooled) and uninhabitable.
20. "Automotive service statiori' means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The
sale of food or grocery items on the same site is prohibited except for soft drinks and snack
foods, either from automatic vending machines or in shelves. The sale of alcoholic
beverages on the site is governed by Chapter 19.106.
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21. "Automotive repair and maintenance (minor)" means the supplying of routine automotive
services such as lubrication, engine tuneups, smog certificates, servicing of tires, brakes,
batteries and similar accessories, and minor repairs involving engine accessories. Any
repair which requires the engine, drive train, transmission assembly, exhaust system, or
drive train parts to be removed from a motor vehicle or requires the removal of internal
parts shall not be considered minor. Body and paint shop operations are not minor repairs
or maintenance.
22. "Average percent of slope" means the ratio between vertical and horizontal distance
expressed in percent; the mathematical expression is based upon the formula described
below:
S_� IxLx1001
A �
S= Average slope of ground in percent
I= Contour interval in feet
L= Combined length in feet of all contours on parcel
A= Area of parcel in square feet.
B. "B" Definitions:
1. "Basement" means any floor below the first story in a building that is fully submerged
below grade except for lightwells required for light, ventilation and emergency egress. A
basement may have a maximum exterior wall height of two feet between natural grade and
ceiling.
2. "Block" means any lot or group of contiguous lots bounded on all sides by streets, railroad
rights-of-way, or waterways, and not traversed by any street, railroad right-of-way or
waterway.
3. "Boarding home" means any building used for the renting of rooms or providing of table
board for from three to five persons, inclusive, over the age of sixteen years, who are not
members of the same family.
4. "Building" means any structure used or intended for supporting or sheltering any use or
occupancy when any portion of a building is completely separated from every other
portion thereof by an"area separation wall" as defined by the Uniform Building Code,
then each such portion shall be deemed to be a separate building.
a. Building, Attached. "Attached building" means buildings which are physically
connected by any structural members or wall, excluding decks, patios or fences.
5. "Building coverage" means that portion of the net lot area encompassed within the
outermost wall line which defines a building enclosure.
6. "Business" or "commerce" means the purchase, sale or other transaction involving the
handling or disposition of any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops for the sale of personal services,
garages, outdoor advertising signs and structures, hotels and motels, and recreational and
amusement enterprises conducted for profit.
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7. "Business or trade school" means a use, except a college or university, providing education
or training in business, commerce, language, or similar activity or pursuit, and not
otherwise defined as a home occupation.
C. "C" Definitions:
1. "Canopy" means any roof-like structure, either attached to another structure or
freestanding, or any extension of a roof line, constructed for the purpose of protection from
the elements in connection with outdoor living.
2. "Car shelter" means a roofed structure or a part of a building not enclosed by walls,
intended and designed to accommodate one or more vehicles.
3. "Centerline" means the centerline as established by the County Surveyor of Santa Clara
County, the City Engineer, or by the State Division of Highways of the State of California.
4. "Change of use" means the replacement of an existing use by a new use, or a change in the
nature of an existing use, but not including a change in ownership, tenancy or management
where the previous nature of the use, line of business, or other function is substantially
changed.
5. "Child" means a person who is under ten years of age for whom care and supervision are
being provided in a day care home or day care facility.
6. "Child day care facility" means a facility, licensed by the State or County, which provides
care to children under eighteen years of age in need of personal service, supervisors, or
assistance essential for sustaining the activities of daily living or for the protection of the
individual on a less than twenty-four-hour basis. Child day care facility includes day care
centers and family day care homes and includes the following:
�a. "Large child care facility;' which means a facility which provides child and day care to
seven to twelve children inclusive;
�b. "Small child care facility;' which means a facility which provides child day care for one
to six children inclusive.
7. "Church" means a use providing facilities for organized religious worship and religious
education incidental thereto, but excluding a private educational facility. A property tax
exemption obtained pursuant to Section 3(� of Article XIII of the Constitution of the State
of California and Section 206 of the Revenue and Taxation Code of the State of California,
or successor legislation, constitutes prima facie evidence that such use is a church as
defined in this section.
8. "College" or "university" means an educational institution of higher learning which offers
a course of studies designed to culminate in the issuance of a degree or defined by Section
94302 of the Education Code of the State of California, or successor legislation.
9. "Commercial recreatiori' means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar
services, operated on a private or for-profit basis, but excluding uses defined as outdoor
recreation services.
10. "Community center" means a place, structure, area, or other facility used for and providing
religious, fraternal, social and/or recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
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11. "Community housing project" means a condortunium project as defined in Section 135 of
the California Civil Code, a cominunity apartment project as defined in Section 11004 of the
California Business and Professions Code, containing two or more rights of exclusive
occupancy, or a stock cooperative, as defined in Section 11003.2 of the California Business
and Professions Code, containing two or more separately owned lots, parcels or areas.
12. "Congregate residence" means any building or portion thereof which contains facilities for
living, sleeping and sanitation, as required pursuant to the Uniform Building, Housing and
Fire Codes and may include facilities for eating and cooking for nontransient occupancy
primarily by persons eighteen years old and older, in which the responsibilities for rent,
housekeeping, cooking and other household maintenance chores are shared among the
occupants.
13. "Convalescent facility" means a use other than a residential care home providing inpatient
services for persons requiring medical attention, but not providing surgical or emergency
medical services.
14. "Convenience market" means a use or activity that includes the retail sale of food,
beverages, and small personal convenience items, including sale of food in disposable
containers primarily for off-premises consumption, and typically found in establishments
with long or late hours of operation and in relatively small buildings, but excluding
delicatessens and other specialty food shops and establishments which have a sizable
assortment of fresh fruits, vegetables, and fresh-cut meats.
15. "Conversiori' means a change in the type of ownership of a parcel (or parcels) of land,
together with the existing attached structures, to that defined as a community housing
project, regardless of the present or prior use of such land and structures and whether
substantial improvements have been made or are to be made to such structure.
16. "Corner triangle" means a triangular-shaped area bounded by:
�a. The intersection of the tangential extension of front and end property lines as formed by
the intersection of two public rights-of-way abutting the said property lines; and
�b. The third boundary of the triangular-shaped area shall be a line connecting the front
and side property lines at a distance of forty feet from the intersection of the tangential
extension of front and side property lines.
17. "Court" means an open, unoccupied space, other than a yard, on the same lot with a
building or buildings and which is bounded on two or more sides by such building or
buildings, including the open space in a house court or court apartment providing access.
18. "Covered parking" means a carport or garage that provides full overhead protection from
the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not
ordinarily roof coverings and cannot be used in providing a covered parking space.
D. "D" Definitions:
1. "Day care center" means any child day care facility, licensed by the State or County, other
than a family day care home, and includes infant centers, preschools, and extended day
care facilities.
a. Day Care Home, Family. "Family day care home" means a home, licensed by the State
or County, which regularly provides care, protection and supervision of twelve or
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fewer children, in the provider's own home, for periods of less than twenty-four hours
per day, while the parents or guardian are away, and includes the following:
�i. "Large-family day care home;' which means a home which provides family day
care to seven to twelve children, inclusive, including children under the age of ten
years who reside at the home;
�ii. "Small-family day care home;' which means a home which provides family day
care to six or fewer children, including children under the age of sixteen years who
reside at the home.
2. "Developer" means the owner or subdivider with a controlling proprietary interest in the
proposed community housing project, or the person or organization making application
thereunder.
3. "Development Permit" means a permit issued by the City Council, Planning Commission,
Design Review Committee, Director of Community Development, or any other decision
body as empowered by the Cupertino Municipal Code, approving architecture, site
improvements, buildings, structures, land and/or uses. Development Permits may include
but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential
Permits, Architectural and Site Approvals, Planned Development Permits, Conditional Use
Permits, Exceptions, Variances or Subdivision Maps.
4. "District" means a portion of the territory within the City within which certain uses of
land, premises and buildings are permitted and certain other uses of land, premises and
buildings are prohibited, and within which certain yards and other open spaces are
required and certain building site areas are established for buildings, all as set forth and
specified in this title.
5. "Drinking establishment" means an activity that is primarily devoted to the selling of
alcoholic beverages for consumption on the premises.
6. "Drive-through establishment" means an activity where a portion of retailing or the
provision of service can be conducted without requiring the customer to leave his or her
car.
7. Driveway, Curved. "Curved driveway" means a driveway with access to the front
property line which enters the garage from the side at an angle of sixty degrees or greater
to the front curbline and which contains a functional twenty-foot-deep parking area that
does not overhang the front property line.
8. "Duplex" means a building containing not more than two kitchens, designed and used to
house not more than two families living independently of each other.
9. "Dwelling unit" means a room or group of rooms including living, sleeping, eating,
cooking and sanitation facilities, constituting a separate and independent housekeeping
unit, occupied or intended for occupancy by one family on a nontransient basis and having
not more than one kitchen.
E. "E" Definitions:
1. Emergency Shelter
a. "Emergency shelter, rotating" means a facility that provides temporary housing with
minimal supportive services. Such shelters shall be limited to a time period of two
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months in a twelve-month period at any single location and shall meet criteria in
Section 19.64.040(A).
b. "Emergency shelter, permanent" means a facility that provides temporary housing
with minimal supportive services that is limited to occupancy of six months or less.
Such shelters may be permanently operated and shall meet criteria in Section
19.64.040(B).
2. "Enclosed" means a covered space fully surrounded by walls, including windows, doors
and similar openings or architectural features, or an open space of less than one hundred
square feet fully surrounded by a building or walls exceeding eight feet in height.
3. "Entry feature" means a structural element, which leads to an entry door.
4. "Equestrian center" means a facility for the shelter, display, exhibition, keeping, exercise or
riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture
lands, corrals and trails.
5. "Equipment yard" means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public ,�
utility service, transportation service, or similar activity, including but not limited to, a �
construction material yard, corporation yard, vehicular service center or similar use. �
a�
„ .. �
, .
.,�„ ;,.,
F. "F" Definitions:
1. "Facility" means a structure, building or other physical contrivance or object.
�a. "Accessory facility" means a facility which is incidental to, and customarily associated
with a specified principal facility and which meets the applicable conditions set forth
in Chapter 19.80.
�b. "Noncomplying facility" means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any
district to the property involved by reason of which the adoption or application the
facility becomes noncomplying. (For the definition for "nonconforming use" see the
definition "use" in this chapter.)
�c. "Principal facilities" means a main building or other facility which is designed and
constructed for or occupied by a principal use.
2. "Family" means an individual or group of persons living together who constitute a bona
fide single housekeeping unit in a dwelling unit. "Family " shall not be construed to
include a fraternity, sorority, club, or other group of persons occupying a hotel,
lodginghouse, or institution of any kind.
3. "Family day care home" means a home which regularly provides care, protection,
supervision of children in the home for periods of less than twenty-four hours a day, while
the parents or guardians are away.
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4. "First floor" means that portion of a structure less than or equal to twenty feet in height,
through which a vertical line extending from the highest point of exterior construction to
the appropriate adjoining grade, passes through one story.
5. "Floor area" means the total area of all floors of a building measured to the outside surfaces
of exterior walls, and including the following:
�a. Halls;
�b. Base of stairwells;
�c. Base of elevator shafts;
4d. Services and mechanical equipment rooms;
�e. Interior building area above fifteen feet in height between any floor level and the
ceiling above;
6f. Basements with lightwells that do not conform to Section 19.28.060F;
�g. In all zones except residential, permanently roofed, but either partially enclosed or
unenclosed building features used for sales, service, display, storage or similar uses.
6. "Floor area" shall not include the following:
�a. Basements with lightwells that conform to Section 19.28.060F;
�b. Lightwells;
�c. Attic areas;
4d. Parking facilities, other than residential garages, accessory to a permitted conditional
use and located on the same site;
ae. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar
features not substantially enclosed by exterior walls.
7. "Floor area ratio" means the maximum ratio of gross floor area on a site to the total site
area.
8. "Front wall" means the wall of a building or other structure nearest the street upon which
the building faces, but excluding certain architectural features as defined in this chapter.
9. "Full cash value" has the meaning assigned to it in the California Revenue and Taxation
Code for property taxation purposes.
G. "G" Definitions:
1. "Garage" means an accessory building (completely closed) used primarily for the storage
of motor vehicles.
2. "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.
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3. "Gross lot area" means the horizontal area included within the property lines of a site plus
the street area bounded by the street centerline up to thirty feet distant from the property
• line, the street right-of-way line and the extended side yard to the street centerline.
4. "Group care activities" means a residential care facility providing continuous care for six or
fewer persons on a twenty-four-hour basis, which requires licensing by a governmental
agency.
5. "Guest room' means a room which is intended, arranged or designed to be occupied by
occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the
room is located, and which contains no kitchen facilities.
H. "H" Definitions:
1. "Habitable floor" means the horizontal space between a floor area of at least seventy
square feet and the ceiling height measuring at least seven feet six inches above it, except
for a kitchen which shall have a ceiling height not less than seven feet above said floor.
2. "Habitable space" means space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are
not considered habitable space. �
0
3. "Heav eq uipment" means an� mechanical or motorized device that is not a vehicle or a '�
commercial vehicle as defined in 19.08.030 , including, but not limited to, a backhoe, �
cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or anv
�
similar device. U
4. "Height" means a
vertical distance
measured parallel to
the natural grade to the
highest point of
exterior constl'uctlon, To of Q
exclusive of chimneys, P ete
antennas or other Entry
appurtenances, except � Feature
that entry features are �
measured to the top of
the wall plate.
Natural
Height restriction shall Grade
be established by
establishing a line Height Limit for Entry Features
parallel to the natural
grade.
5. "Home occupatiori' means an accessory activity conducted in a dwelling unit solely by the
occupants thereof, in a manner incidental to residential occupancy, in accord with the
provisions of this title. (For further provisions, see regulations for home occupation in
Chapter 19.92.)
6. "Hospital" means a facility for providing medical, psychiatric or surgical services for sick
or injured persons, primarily on an inpatient basis, and including ancillary facilities for
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outpatient and emergency treatment, diagnostic services, training, research,
administration, and service to patients, employees or visitors.
7. "Hotel" means a facility containing rooms or groups of rooms, generally without
individual kitchen facilities, used or intended to be used by temporary overnight
occupants, whether on a transient or residential occupancy basis, and whether or not eating
facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or
similar use, but does not include mobilehome parks or similar uses.
8. "Household pets" means small animals commonly found in residential areas such as
chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or
equine animal, or any goat, sheep or swine. This title does not regulate the keeping of
small household pets, such as fish, birds or hamsters, which is incidental to any permitted
use.
I. "I" Definitions:
None.
L "T" Definitions:
1. "Junkyard" means the use of more than two hundred square feet of the area of any lot for
the storage or keeping of junk, including scrap metals or other scrap material, and/ or for
the dismantling or wrecking of automobiles or other vehicles or machinery.
K. "K" Definitions:
1. "Kitcheri' means an area in habitable space used for the preparation of food and including
at least three of the following:
�a. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas
connections and space for appliances between counters; ,
�b. Counter;
�c. Refrigerator;
4d. Sink.
L. "L" Definitions:
1. "Landscaping" means an area devoted to or developed and maintained with native or
exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or similar material (excluding driveways,
parking, loading or storage areas), and sculptural elements.
2. "Late evening activities" means an activity which maintains any hours of operation during
the period of eleven p.m. to seven a.m.
3. "Legal substandard lot" means any parcel of land or lot recorded and legally created by the
County or City prior to March 17,1980, which lot or parcel is of less area than required in
the zone; or lots or parcels of record which are reduced to a substandard lot size as a result
of required street dedication unless otherwise provided in the City of Cupertino General
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Plan. The owner of a legally created, substandard property which is less than six thousand
square feet but equal to or greater than five thousand square feet may utilize such parcel
for residential purposes. The owner of a legally created parcel of less than five thousand
square feet may also develop the site as a single-family residential building site if it can be
demonstrated that the property was not under the same ownership as any contiguous
property on the same street frontage as of or after July 1,1984.
4. "Lightwell" means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
5. "Liquor store" means a use requiring a State of California "off-sale general license" (sale for
off-site consumption of wine, beer and/ or hard liquor) and having fifty percent or more of
the total dollar sales accounted for by beverage covered under the off-sale general license.
6. "Living space° means habitable space and sanitation.
7. "Loading space" means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
8. "Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an
accessory building to persons other than members of the family residence in the dwelling
unit, for overnight occupancy on a residential occupancy basis, whether or not meals are
provided to such person. Lodging shall be subject to the residential density requirements
of the district in which the use is located.
9. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended
for use by overnight occupants as a single unit, whether located in a hotel or a dwelling
unit providing lodging where designed or used for occupancy by more than two persons;
each two-person capacity shall be deemed a separate lodging unit for the purpose of
determining residential density; each two lodging units shall be considered the equivalent
of one dwelling unit.
10. "Lot" or "site" means a parcel of land consisting of a single lot of record, used or intended
for use under the regulations of this title as one site for a use or a group of uses.
�a. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street lines.
�b. "Flag lot" means a lot having access to a street by means of a private driveway or parcel
of land not otherwise meeting the requirement of this title for lot width.
�c. "Interior lot" means a lot other than a corner lot.
4d. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side line of the corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
ae. "Lot area" means the area of a lot measured horizontally between boundary lot lines,
but excluding a portion of a flag lot providing access to a street and lying between a
front lot line and the street, and excluding any portion of a lot within the lines of any
natural watercourse, river, stream, creek, waterway, channel or flood control or
drainage easement and excluding any portion of a lot within a street right-of-way
whether acquired in fee, easement or otherwise.
11. "Lot coverage" means and encompasses the following: '
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�a. "Single-family residential use" means the total land area within a site that is covered by
buildings, including all projections, but excluding ground-level paving, landscape
features, lightwells, and open recreational facilities.
�b. "All other uses except single-family residential" means the total land area within a site
that is covered by buildings, excluding all projections, ground-level paving, landscape
features, and open recreational facilities.
12. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is
no clear rear lot line.
13. "Lot line" means any boundary of a lot.
�a. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner lot,
the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to
and nearest the street from which access is obtained.
�b. "Interior lot line" means any lot line not abutting a street.
�c. "Rear lot line" means the lot line not intersecting a front lot line which is most distant
from and the most closely parallel to the front lot line. A lot bounded by only three lot
lines will not have a rear lot line.
4d. "Side lot line" means any lot line which is not a front or rear lot line.
ae. "Street lot line" means any lot line abutting a street.
14. "Lot of record" means a lot which is part of a subdivision recorded in the office of the
T County Recorder, or a lot or parcel described by metes and bounds which has been
recorded.
15. "Lot width" means the horizontal distance between side lot lines, measured at the required
front setback line.
M. "M" Definitions:
1. "Manufacturing" means a use engaged in the manufacture, predominantly from
previously prepared materials, of finished products or parts, including processing
fabrication, assembly, treatment, packaging of such products, but excluding basic
industrial processing of extracted or raw materials, processes utilizing inflammable or
explosive material (i.e., materials which ignite easily under normal manufacturing
conditions), and processes which create hazardous or commonly recognized offensive
condidons.
2. "Massage" means any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body
with the hands or with any mechanical or electrical apparatus or other appliances or
devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic,
oil, powder, cream, lotion, ointment or other similar preparations.
3. "Massage parlor" means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for
compensation is operated which is not exempted or regulated by the Massage
-13-
Establishment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino
Municipal Code, Chapter 9.06.
4. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as
semipermanent housing, designed for human habitation, for carrying persons and property
on its own structure, and for being drawn by a motor vehicle, and shall include a trailer
coach.
5. "Mobilehome park" means any area or tract of land where lots are sold, rented, or held out
for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the
purpose of permanent or semipermanent housing.
6. "Multiple-family use" means the use of a site for three or more dwelling units which may
be in the same building or in separate buildings on the same site.
N. "N" Definitions:
1. "Natural grade" means the contour of the land prior to improvements or development,
unless otherwise established by a city approved grading plan that is part of a subdivision
map approval.
2. "Net lot area' means the total area included within the property lines of a site, excluding
the following:
�a. Any portion of a site within the right-of-way of an existing public street;
�b. The portion of a flag lot constituting the access corridor lying between the front
property line and the frontage line of the corridor at the street;
�c. The full width of any legal easement used for access purposes.
3. "Nightclub" means an establishment providing alcoholic beverage service and late evening
(past eleven p.m.) entertainment, with or without food service.
O. "O" Definitions:
1. "Office" means:
�a. "Administrative or executive offices" including those pertaining to the management of
office operations or the direction of enterprise but not including merchandising or sales
services.
�b. "Medical office" means a use providing consultation, diagnosis, therapeutic,
preventative or corrective personal treatment services by doctors, dentists, medical and
dental laboratories, and similar practitioners of inedical and healing arts for humans,
licensed for such practice by the State of California and including services related to
medical research, testing and analysis.
�c. "Professional offices" such as those pertaining to the practice of the professions and arts
including, but not limited to, architecture, dentistry, engineering, law and medicine,
but not including sale of drugs or prescriptions except as incidental to the principal
uses and where there is external evidence of such incidental use.
2. "Offset" means the indentation or projection of a wall plane.
3. "Open" means a space on the ground or on the roof of a structure, uncovered and
unenclosed.
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4. "Organizational documents" means the declaration of restrictions, articles of incorporation,
bylaws and any contracts for the maintenance, management or operation of all or any part
of a community housing project.
5. "Outdoor recreation use" means a privately owned or operated use providing facilities for
outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor
sport or recreation, operated predominantly in the open, except for accessory or incidental
enclosed services or facilities.
P. "P" Definitions:
1. "Park" means any open space, reservation, playground, swimming pool, golf course,
recreation center, or any other area in the City owned or used by the City or County and
devoted to active or passive recreations.
2. "Parking area" means an unroofed, paved area, delineated by painted or similar markings,
intended and designed to accommodate one or more vehicles.
3. "Parking facility" means an area on a lot or within a building, or both, including one or
more parking spaces, together with driveways, aisles, turning and maneuvering areas,
clearances and similar features, and meeting the requirements established by this title.
Parking facility includes parking lots, garages and parking structures.
�a. "Temporary parking facility" means parking lots which are not required under this title
and which are intended as interim improvements of property subject to removal at a
later date.
4. "Parking space" means an area on a lot or within a building, used or intended for use for
parking a motor vehicle, having permanent means of access to and from a public street or
alley independently of any other parking space, and located in a parking facility meeting
the requirements established by this title. Parking space is equivalent to the term "parking
stall" and does not include driveways, aisles or other features comprising a parking facility
as previously defined in this chapter.
5. "Personal fitness training center" means a facility providing space and equipment, with or
without supervision, for group or individual athletic development, increased skill
development in sports activity, or rehabilitative therapy for athletic injury.
6. "Picnic area" means a facility providing tables and cooking devices for preparation and
consumption of ineals out of doors or within an unenclosed shelter structure.
7. "Practice range" means a facility providing controlled access to fixed or movable objects
which are used to test and measure accuracy of discharge from a weapon.
8. "Private educational facility" means a privately owned school, including schools owned
and operated by religious organizations, offering instruction in the several branches of
learning and study required to be taught in the public schools by the Education Code of the
State of California.
9. "Professional office" means a use providing professional or consulting service in the fields
of law, architecture, design, engineering, accounting, and similar professions, including
associated testing and prototype development, but excluding product manufacturing or
assembly.
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10. "Project improvements" means all public road improvements, undergrounding utility
improvements, and improvements to the on-site utility networks as required by the City of
Cupertino for a community housing project.
11. "Projectiori' means architectural elements, not part of the main building support, that
cantilevers from a single building wall or roof, involving no supports to the ground other
than the one building wall from which the element projects.
12. "Property" means real property which includes land, that which is affixed to the land, and
that which is incidental or appurtenant to the land as defined in Civil Code Sections 658
through 662.
a. Property, Adjoining. "Adjoining property" means any unit of real property, excluding
lands used as public streets, sharing one or more common points with another
property.
13. "Provider" means a person who operates a child day care home and is licensed by the State
of California.
14. "Public dancehall" is a building or portion thereof used for dancing purposes to and in
which the general public is admitted and permitted to dance, upon payment of any fee
other than compensation, or upon payment of a charge for admission, or for which tickets
or other devices are sold, or in which a charge is made for the privilege of dancing with any
other person employed for such purpose by the operator of such establishment, including
but not limited to taxi dances, but excluding restaurants, hotel rooms and nightclubs in
which the dancing is incidental only to other entertainment. �
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Q "Q" Definitions:
None.
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R. "R" Definitions: �
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1. "Recreational open space" means open space within a community housing project
(exclusive of required front setback areas) which shall be used exclusively for leisure and
recreational purposes, for the use and enjoyment of occupants (and their visitors) of units
on the project and to which such occupants (and their visitors) have the right of use and
enjoyment. Accessory structures such as swimming pools, recreational buildings and
landscaped areas may be included as open space.
2. "Recycling center" means facilities appurtenant and exterior to an otherwise allowed use,
which are utilized for collection of recyclable materials such as metal, glass, plastic, and
-16-
paper stored in mobile vehicles or trailers, permanent storage units, or in bulk reverse-
vending machines exceeding fifty cubic feet in size.
3. "Religious institutiori' means a seminary, retreat, monastery, conference center, or similar
use for the conduct of religious activities including accessory housing incidental thereto,
but excluding a private educational facility. Any such use for which a property tax
exemption has been obtained pursuant to Section 3(� of Article XIII of the Constitution of
the State of California and Section 206 of the Revenue and Taxation Code of the State of
California, or successor legislation, or which is used in connection with any church which
has received such an exemption, shall be prima facie presumed to be a religious institution.
4. "Residential care facilit�' means a building or portion thereof designed or used for the
purpose of providing twenty-four-hour-a-day nonmedical residential living
accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange
for payment of money or other consideration, where the duration of tenancy is determined,
in whole or in part, by the individual resident's participation in group or individual
activities such as counseling, recovery planning, medical or therapeutic assistance.
Residential care facility includes, but is not limited to, health facilities as defined in
California Health and Safety Code (H&SC) Section 1250 et seq., community care facilities
(H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section 1569 et
seq.), and alcoholism or drug abuse recovery or treatment facilities (H&SC Section
11384.11), and other similar care facilities.
5. Restaurant:
a. Restaurant, Fast-Food. "Fast-food restaurant" means a retail food service establishment
in which prepared foods or beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of the patrons may serve
themselves and may consume the food and beverages off-site. A separate bar facility
for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for
serving alcoholic beverages shall be considered a separate bar facility. Specialty food
stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food
restaurants.
b. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a
fast-food restaurant. Alcoholic beverages may be served with meals at a customer's
dining table; however, a separate bar facility for serving alcoholic beverages is not
permitted without a use permit.
6. "Research and development" means a use engaged in study, design, analysis and
experimental development of products, processes or services, including incidental
manufacturing of products or provisions of services to others.
7. "Residential care home" means the use of a dwelling unit or portion thereof licensed by the
State of California or County of Santa Clara, for care of up to six persons, including
overnight occupancy or care for extended time periods, and including all uses defined in
Sections 5115 and 5116 of the California Welfare and Institutions Code, or successor
legislation.
8. "Reverse vending machine" means a mechanical device which accepts one or more types of
empty beverage containers and issues a cash refund or credit slip.
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9. "Rotating homeless shelter" means a shelter located in an existing church structure, the
shelter provided not to exceed two months in any twelve-month period at any single
location, and the number of occupants not to exceed twenty-five, hours of operation not to
exceed six p.m. to seven a.m.
S. "S" Definitions:
1. "Screened" means shielded, concealed, and effectively hidden from view at an elevation of
up to eight feet above ground level on adjoining sites, or from adjoining sites, within ten
feet of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or
landscape feature, or combination thereof.
2. "Second dwelling unit" means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same
parcel as the single-family dwelling is situated.
3. "Setback line" means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-of-
way or private road, whether acquired in fee, easement, or otherwise, or a line otherwise
established to govern the location of buildings, structures or uses. Where no minimum
front, side or rear yards are specified, the setback line shall be coterminous with the
corresponding lot line.
4. Setback Area, Required. "Required setback area" means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line
and the setback line on the same site.
�a. Setback Area, Required Front Yard. "Required front-yard setback area" means the
setback area extending across the front of a lot between the front lot line and the
setback line. Front yards shall be measured either by a line at right angles to the front
lot line, or by a radial line in the case of a curved front lot line, except flag lots which is
the area extending across the full extent of the buildable portion of the flag lot
measured from the property line which is parallel to and nearest the street line and at
which point the lot width equals a minimum of sixty feet. T'he Planning Comnussion
shall have the discretion to modify the provisions of this definition when it improves
the design relationship of the proposed buildings to adjacent buildings or parcels.
�b. Setback Area, Required Rear Yard. "Required rear-yard setback area" means the area
extending across the full width of the lot between the rear lot line and the nearest line
or point of the main building.
�c. Setback Area, Required Side Yard. "Required side-yard setback area" means the area
between the side lot line and the nearest line of a building, and extending from the
front setback line to the rear setback line.
5. "Shopping center" means a group of commercial establishments, planned, developed,
owned or managed as a unit, with off-street parking provided on the site.
6. "Single-family use" means the use of a site for only one dwelling unit.
7. "Specialty food stores" means uses such as bakeries, donut shops, ice cream stores,
produce markets and meat markets, or similar establishments where food is prepared
and/or sold primarily for consumption off the premises.
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8. "Specified anatomical areas" means:
�a. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast below a point immediately above the top of the areola; and
�b. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
9. "Specified sexual activities" means:
�a. Human genitals in a state of sexual stimulation or arousal;
�b. Acts of human masturbation, sexual intercourse or sodomy;
�c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breast.
10. "Story" means that portion of a building, excluding a basement, between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then the space
between the floor and the ceiling next above it.
11. "Street" means a public or private thoroughfare the design of which has been approved by
the City which affords the principal means of access to abutting property, including
avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley as defined in this chapter. �
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a. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and ��
�ortions thereof and including extensions in the len and width, which have been ��
dedicated bv the owners thereof to public use, acquired for public use, or in which a �,�
public easement for roadway purposes exists. � a
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12. "Structure" means that which is built or constructed, an edifice or building of any kind, or o 0
any piece of work artificially built up or composed of parts joined together in some definite U w
manner.
a. Structure, Recreational. "Recreational structure" means any affixed accessory structure �
or portion thereof, which functions for play, recreation or exercise (e.g., pool slides, �
playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs �
and pools) but does not include portable play structures, such as swings or climbing �
0
apparatus. U
13. "Strucfixrally attached" means any structure or accessory structure or portion thereof,
which is substantially attached or connected by a roof structure or similar physical
attachment.
14. "Supportive housing" (per CA Health and Safety Code 50675.14(b)) means housing with no
limit on length of stay, that is occupied by the target population, and that is linked to onsite
or offsite services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community.
15. "Target populatiori' (per CA Health and Safety Code 53260(d)) means adults with low
incomes having one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health conditions, or individuals eligible for services provided
under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code) and may, among other
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populations, include families with children, elderly persons, young adults aging out of the
foster care system, individuals exiting from institutional settings, veterans, or homeless
people.
T. "T" Definitions:
1. "Transient" means any individual who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of
thirty consecutive calendar days or less, counting portions of calendar days as full days,
and including any individual who actually physically occupies the premises, by permission
of any other person entitled to occupancy.
2. "Transitional housing" and "transitional housing development" (per CA Health and Safety
Code 50675.2 (h)) means buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six months.
U. "U" Definitions:
1. "Use" means the conduct of an activity, or the performance of a function or operation, on a
site or in a building or facility.
�a. "Accessory use" means a use which is incidental to and customarily associated with a
specified principal use.
�b. "Conditional use" means a use listed by the regulations of any particular district as a
conditional use within that district, and allowable therein solely on a discretionary
use/conditional basis, subject to issuance of a conditional use permit, and to all other
regulations established by this title.
�c. "Nonconforming use" means a use which is not a permitted use or conditional use
authorized within the district in which it is located, but which was lawfully existing on
October 10, 1955; or the date of any amendments thereto, or the application of any
district to the property involved, by reason of which adoption or application the use
became nonconforming. (See "noncomplying facilities" in this chapter for a definition.)
4d. "Permitted use" means a use listed by the regulations of any particular district as a
permitted use within that district, and permitted therein as a matter of right when
conducted in accord with the regulations established by this title.
ae. "Principal use" means a use which fulfills a primary function of a household,
establishment, institution, or other entity.
2. "Useable rear yard" means that area bounded by the rear lot line(s) and the rear building
line extended to the side lot lines. The side yard adjacent to a proposed minor addition
(e.g., addition equaling ten percent or less of the principal structure) may be included in
calculation of usable rear yard area.
V. "V" Definitions
1. "Vehicle° means any boat, bus, trailer, motor home, van, camper (whether or not attached
to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup,
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airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or
parts thereof, or any device by which any person or property may be propelled, moved or
drawn upon a public street, excepting a device moved exclusively by human power. �
0
a. Vehicle, commercial. "Commercial vehicle" means a vehicle of a type required to be '�
registered under the California Vehicle Code used or maintained for the transportation �,
of persons for hire, compensation, or �rofit or desi�ned, used, or maintained primarilv �
for the transportation of goods. U
b. Vehicle, Recreation "Recreation vehicle" means a vehicle towed or self-propelled on its �
own chassis or attached to the chassis of another vehicle and designed or used for �
temporary dwelling, recreational or sportin�purposes. The term recreation vehicle �
includes, but is not limited to, trailers, motor coach homes, converted trucks and bus� o �
and boats and boat trailers. �-�
� a�
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2. "Visual privacy intrusiori' means uninterrupted visual access from a residential dwelling � o
or structure into the interior or exterior areas of adjacent residential structures, which area �'�
is either completely or partially private, designed for the sole use of the occupant, and/or '� �
which serves to fulfill the interior and/or exterior privacy needs of the impacted residence v�
or residences.
W. "W" Definitions:
None.
X. "X" Definitions:
None.
Y. "Y" Definitions:
1. "Yard" means an area within a lot, adjoining a lot line, and measured horizontally, and
perpendicular to the lot line for a specified distance, open and unobstructed except for
activities and facilities allowed therein by this title.
�a. "Front yard" means a yard measured into a lot from the front lot line, extending the full
width of the lot between the side lot lines intersecting the front lot line.
�b. "Rear yard" means a yard measured into a lot from the rear lot line, extending between
the side yards; provided that for lots having no defined rear lot line, the rear yard shall
be measured into the lot from the rearmost point of the lot depth to a line parallel to the
front lot line.
�c. "Side yard" means a yard measured into a lot from a side lot line, extending between
the front yard and rear lot line.
Z. "Z" Definitions:
None.
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ATTACHMENT II
CHAPTER 19.100 PARKING (Partial)
19.100.030 Regulations for Parking and �g Storage of Vehicles in Various Zones.
A. Vehicles Permitted in Residential Zones.
1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a �
front or street side yard setback area ' ' .. ' or withixi
twelve feet of a public right-of-way in a rear yard area in all residential zones subject to the �
following restrictions: U �
a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot
size of ten thousand square feet or less, a maximum of six vehicles are permitted in all
other residential zones, unless a greater number is approved by the City in conjunction
with a development plan. For purposes of counting vehicles, a camper mounted on a
pickup truck is considered one vehicle and other similarly vertically stacked
components which belong together shall be counted as a single vehicle. Horizontal
groupings shall be counted as two vehicles;
b. Any open vehicle containing trash or debris is prohibited;
c. No portion of any vehicle may overhang any public right-of-way;
d. All vehicles must be parked on a� permanent impervious or semi-pervious surface.
Semi-pervious surfaces include unit pavers, turf block, brick, -��*��r�' �}�„^ or other like
materials ee�es and must allow for partial infiltration of water. Impervious surfaces
include concrete, asphalt or other like materials that do not allow
infiltration of water. Impervious surfaces may not exceed forty percent of the front �
yard area. Notwithstanding the above, impervious surfaces may not exceed fifty °
.�,
percent of the front yard area on a lot less sixty feet in width; �
e. All vehicles must be either currently registered, where registration is required for legal �
operation and in good operating condition or have a planned non-operation permit on U
file with the Department of Motor Vehicles;
f. Residential driveways connecting to a detached garage or carport in the rear yard shall
have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in
length. Lots that are more than one hundred fifty feet in length shall have a muumum
driveway width of twelve (12) feet connecting to a detached garage or carport in the
rear yard.
g. In a new residential development, driveways shall have a minimum clearance of two
(2) feet from a building wall, fence, or property line;
h. Except on lots with circular driveways which conform to the provisions of this code, all
vehicles parked in the front or street side yard setback area must be parked
perpendicular to the street. On lots with circular driveways which conform to the
provisions of this code, all vehicles parked in the front or street side yard setback area
are limited to less than twenty feet in length, unless parked perpendicular to the street.
Owners of vehicles made nonconforming by the adoption of this section shall comply
with this provision within two years of its enactment;
-1-
i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten
thousand pounds or more, or a total combination of motor truck, truck tractor and/ or
trailers that exceeds sixty feet in length is not permitted.
(Provisions A(2)-A(8) and Provisions B- E unchanged]
19.100.040 Regulations for Off-Street Parking.
[Provisions A-K unchanged]
�
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L. • � ��
U
i �
��,�: Heavy e�,ui�ment and air�lanes may be stored within entirely enclosed '�
structures or behind six-foot-high fencin,� in interior side yard and rear yard setback areas. t j
In no case shall these itexns be visible fr om the street even when placed in perxnitted areas.
Hea� equipment mav be temporaril� kept for construction or installation of
improvements.
[Provisions M-Q unchanged]
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