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Parking Ordinance Amendment 16-2150.docx Ordinance No. 16-2150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, CHAPTER 19.124 SECTION 19.124.030 “REGULATIONS FOR PARKING AND KEEPING VEHICLES IN VARIOUS ZONES” AND SECTION 19.124.040 “REGULATIONS FOR OFF-STREET PARKING”, REGARDING LEGAL NON-CONFORMING SINGLE-FAMILY GARAGES, AND MAKING STANDARDS FOR BICYCLE PARKING AND FACILITIES CONSISTENT WITH THE CITY OF CUPERTINO 2016 BICYCLE TRANSPORTATION PLAN. WHEREAS, this Ordinance is determined to be not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) in that proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. WHEREAS, the City Council is the decision-making body for this Ordinance; and WHEREAS, the City Council before taking action on this Ordinance has reviewed the not a project determination and exemption, and using its independent judgment, determines the Ordinance to be not a project or exempt from CEQA as stated above; NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Table 19.124.030A of Section 19.124.30 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19.124.030A ­ Regulations for Parking and Keeping Vehicles in Various Zones Front yard, Street side setback area or within 12 feet Vehicles may be placed, kept or parked in 1. of a public right­of­way in a these areas subject to the restrictions below. rear yard area i.Residential zoning district requiring a lot size ≤ 10,000 square feet = four. ii.Other residential zoning districts = six. i. Ordinance No. 16-2150 Page 2 iii.A greater number of vehicles may be approved by the City in conjunction with a development permit. a. Maximum Number of Vehicles iv.For purposes of counting vehicles, vertically stacked components which belong together shall be counted as a single vehicle. E.g., a camper mounted on a pickup truck. v.Horizontal groupings shall be counted as two vehicles. Open vehicles containing trash or debris are b. Vehicle with trash or debris prohibited. No portion of any vehicle may overhang any c. Overhang public right­of­way. Table 19.124.030A ­ Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) Front yard, Street side setback area or within 12 feet 1. Vehicles may be placed, kept or parked in of a public right­of­way in a (Cont.) these areas subject to the restrictions below. rear yard area i.All vehicles must be parked on a permanent impervious or semi­pervious surface. ii.Semi­pervious surfaces include unit pavers, turf block, brick, cobbles, gravel or other like materials that must allow for partial filtration of water and must prevent direct contact with soil. d. Parking pad materials iii.Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. i.Lots > 60 feet in width, maximum impervious area = 40% of front yard area. Front yard Impervious Area ii.Lots ≤ 60 feet in width, maximum e. Limitation impervious area = 50% of front yard area. i. Vehicles must be either currently registered, where registration is required for legal operation and in good operating f. Registration/PNO required conditions or ii.Vehicles must have a planned non­ operation permit on file with the Department of Motor Vehicles i.Lots ≤ 150 feet in length, driveway width = 10 feet Driveway width for detached ii.Lots > 150 feet in length, driveway g. garage or carport width = 12 feet Ordinance No. 16-2150 Page 3 In new residential development, driveways shall have a minimum clearance of two feet from h. Driveway clearance a building wall, fence, or property line. i.All vehicles parked in the front or street yard setback area must be parked perpendicular to the street, except on lots with circular driveways which conform to the provisions of this code. ii.On lots with circular driveways which conform to the provisions of this code, all i. Orientation of Parked Vehicles 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. The following vehicles are not permitted: i.Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten Commercial Vehicles thousand pounds or more, with GVW > 10,000 ii.A total combination of motor truck, truck j. pounds or more or tractor and/or trailers that exceeds sixty feet in oversize vehicles length. Vehicles may be placed, kept or parked these Areas outside those in A(1) areas, provided a minimum clearance of three feet 2. above is maintained from any structure. Table 19.124.030A ­ Regulations for Parking and Keeping Vehicles in Various Zones (Cont.) Vehicles are permitted to be placed, kept or parked in any legal structure, provided that 3. Parking within Structures A(4)(ii) is met. i.A maximum of two such vehicles are permitted to be placed, kept or parked outside a legal structure on a lot. ii.A maximum of one such vehicle can 4. Non­Self­Propelled Vehicles occupy a required parking space inside a legal structure. i. i. Shall consist an internal area encompassing two parking spaces measuring ten feet by twenty feet each (a total of 20 feet by 20 feet) and 5. Enclosed Garage Size ii. Shall provide unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. i.May continue nonconformity provided that the square footage necessary to Legal Non­conforming accommodate a conforming garage be Single­Family Dwelling 6. reserved from the allowable floor area Garages ratio for a future garage upgrade. Ordinance No. 16-2150 Page 4 ii.A legal non-conforming parking facility may be structurally altered, improved, and/or enlarged in conformance with other provisions of this code. No reduction in size is permitted. Mobilehomes, excluding travel trailers, are not permitted within the residential zones of the City, except in a mobilehome park or as 7. Mobilehomes provided by State law. No vehicle shall be used for living or sleeping 8. Living or Sleeping Quarters quarters, except as permitted below. Vehicles located in a mobilehome park and used consistent with any City regulations applicable a. Mobilehome park to mobilehome parks are permitted. Trailers, campers or recreational vehicles may be used by a bona fide guest of a City resident for a period not to exceed seventy­two hours where the Trailers, Campers or b. trailer, camper or recreational vehicle is located on Recreational Vehicles the resident's property. SECTION 2. Table 19.124.040 (A) of Section 19.124.040 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19.124.040(A) Bicycle Stall Parking Parking Bicycle Dimensions Land Use Zones (2) (4) Parking Ratio (3) Class Residential R­1/R4/DU (2 HS/ garage + 2 Single­Family 10 x 20 ea. A1/P open) Small Lot 2.8/DU (2 Single­family, garage P 10 x 20 ea. Townhouse + 0.8 open) 3/DU (1 ½ enclosed Duplex R2 10 x 20 ea. + 1 ½ open) 1 space per High Density 2/DU (1 covered R3/P 2 residential Class I 9.5 x 20 ea. + 1 open) Multiple­Family, units; and Ordinance No. 16-2150 Page 5 High Density 1 space per Multiple Story 10 Class II Condominium residential units Public/Quasi­Public/Agriculture 1/4 seats 2% of seats. +1/employee Churches, Clubs, Minimum Class II +1/special­ BQ/CG Uni­size Lodges, Theaters two spaces purpose vehicle 1/employee + 1/56 sq. ft. multipurpose room + 8 visitor 1 space per Class II spaces/school 5 students Schools and BA/BQ + 1/3 students Uni­size School Offices at senior H.S. or college level Daycare Centers CG 1/6.5 students Uni­size Martial Arts, CG Dance/Art/Music 1/4 students Studios, Tutorial plus 1/1 staff Services, at any given specialized 1 space time or 1/250 schools (does not per 5 CG whichever is Class II Uni­size include adult students more tutorial schools restrictive or services) 2 garage + 2 Agriculture A 10 x 20 ea. open 1/doctor +1/3 Sanitariums and BQ Uni­size employees Rest Homes + 1/6 beds Table 19.124.040(A) (Cont.) Bicycle Stall Parking Parking Bicycle Land Use Zones Dimensions (3) (2) (4) Parking Ratio Class 1/4 seats + 1/5,000 sq.ft. Class II Private Recreation FP Uni­size 1/employee Ordinance No. 16-2150 Page 6 Minimum two spaces Gyms, Auditoriums, 1/56 sq. ft. 1/5,000 sq.ft. floor area used purposes + Minimum Class II Skating Rinks BA/BQ Uni­size 1/employee two spaces for seating without fixed seats Commercial 1/20,000 1/unit Motels/Hotels/ sq.ft. CG 1/employee (2) Class II Uni­size Minimum Lodging (3) two spaces. 1/3 seats + 1/2,000 sq.ft. Restaurant/Bar and 1/employee + Minimum 1/36 sq. ft. of Nightclubs CG Class II Uni­size two spaces dance floor 1/2,000 sq.ft. 1/4 seats + Restaurants without 1/employee + Minimum 1/36 sq. ft. of Separate Bar two spaces CG Class II Uni­size dance floor 1/2,000 sq.ft. 1/3 seats + Restaurant ­ Fast Minimum CG 1/employee Class II Uni­size Food two spaces 1/3 seats or 1/2,000 sq.ft. 1/250 sq. ft. Minimum whichever is Specialty Foods CG Class II Uni­size two spaces more 1/5,000 sq.ft. 7/lane + Minimum Bowling Alleys CG 1/employee Class II Uni­size two spaces 1/ 1,250 sq.ft. up to 25,000 sq.ft. 1/2,500 sq.ft. between 25,000 – General CG 1/250 sq. ft. Class II Uni­size 50,000 sq.ft. 1/5,000 sq.ft. over 50,000 sq.ft. Ordinance No. 16-2150 Page 7 1/5,000 sq.ft. Bulky Merchandise (5) Industrial 1/12,000 sq.ft. Manufacturing ML 1/450 sq. ft. Minimum Class I Uni­size two spaces 1/1,250 sq.ft. or 1/15 Office/Prototype employees, Manufacturing ML/OA 1/285 sq. ft. whichever is Class I Uni­size more restrictive. Office 1/1,250 Corporate/ CG/OP 1/285 sq. ft. sq.ft. or 1/15 Class I Uni­size Administrative/ employees, General whichever is Multi­Tenant more restrictive. 1/1,250 sq.ft. Class II Medical and CG 1/175 sq. ft. Uni­size Dental Office Notes: 1. Refer to Table 19.124.040(B) for uni­size stall dimensions. 2. Refer to standard details table for requirements for handicapped parking. 3. See 19.124.040(J) for stall dimensions in parking structures. 4. See 19.124.040(P) for description of bicycle parking classes. 5. Retail space devoted to the handling of bulky merchandise such as motor vehicles, machinery or furniture, excluding grocery stores. Severability. SECTION 3: 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. Effective Date. SECTION 4: This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Ordinance No. 16-2150 Page 8 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: 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 20 day th of September, 2016 and ENACTED at a regular meeting of the Cupertino City Council on this 4 of October 2016 by the following vote: th Vote Members of the City Council AYES: Chang, Vaidhyanathan, Paul, Sinks, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Grace Schmidt /s/Barry Chang _________________________ ___________________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino