PC 09-10-2024 Searchable PacketCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Tuesday, September 10, 2024
6:45 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
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1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
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3) The meeting will also be streamed live at www.Cupertino.org/youtube and
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Members of the public wishing to comment on an item on the agenda may do so in the
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the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00 p.m. on Tuesday, September 10 to the Commission at
planningcommission@cupertino.org. These e-mail comments will be received by the
commission members before the meeting and posted to the City’s website after the
meeting.
Members of the public may provide oral public comments in person during the meeting as
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Comments may be made during “Oral Communications” for matters not on the agenda, and
during the public comment period for each agenda item. If you wish to provide oral
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Documents received by email will be posted to the City website after the meeting. Please
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limit your comments to three (3) minutes or less.
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4. When speaking, please limit your remarks to three (3) minutes or less and the specific
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5. Members of the public that wish to share a document when providing oral comments by
teleconference must email the document to planningcommission@cupertino.gov by 5:00
p.m. These documents will be posted to the City website after the meeting.
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the June 11, 2024 Planning Commission minutes
Recommended Action: Approve the June 11, 2024 Planning Commission minutes
1- Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
CONSENT CALENDAR- None
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
2.Subject: Conditional Use Permit to allow an arcade use in a 1,955 square foot unit
within the Marketplace Shopping Center and associated environmental review.
(Application No(s).: U-2024-001; Applicant(s): Kiddleton, Inc.; Location: 19720 Stevens
Creek Boulevard; APN(s): 369-06-012)
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Recommended Action: That the Planning Commission adopt the proposed draft
resolution (Attachment 1) to approve the Use Permit (U-2024-001), which also finds the
project exempt from CEQA.
Staff Report
1 – Draft Resolution for U-2024-001
2 – Business Plan
3 – Layout Plan
4 – Public Comment
3.Subject: Proposed amendments to Municipal Code Chapters 19.04 (General
Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones).
(Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment 1) recommending that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
Staff Report
1. Draft Resolution
OLD BUSINESS - None
NEW BUSINESS- None
STAFF AND COMMISSION REPORTS
This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the
Commission and for Commissioners to report on any Commission related activities they have taken part
in since the prior regularly scheduled meeting.
FUTURE AGENDA SETTING
This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future
agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be
brief and without discussion by the Commission.
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
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Planning Commission Agenda September 10, 2024
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in
Planning packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100, written communications sent to the City Council, Commissioners or staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
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CITY OF CUPERTINO
Agenda Item
24-13365 Agenda Date: 9/10/2024
Agenda #: 1.
Subject: Approve the June 11, 2024 Planning Commission minutes
Approve the June 11, 2024 Planning Commission minutes
CITY OF CUPERTINO Printed on 9/5/2024Page 1 of 1
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At 6:45 p.m. Vice Chair Seema Lindskog called the Regular Planning Commission
meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall
Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Vice Chair Seema Lindskog, and Commissioners Muni Madhdhipatla,
Tejesh Mistry and Steven Scharf. Absent: Chair David Fung. Commissioner Mistry
attended via teleconference.
APPROVAL OF MINUTES
1. Subject: Approve the May 28 Planning Commission minutes.
Recommended Action: Approve the May 28 Planning Commission
minutes.
MOTION: Scharf moved and Madhdhipatla seconded to approve the May 28
Planning Commission minutes.
The motion carried with the following vote: Ayes: Lindskog, Madhdhipatla, Mistry
and Scharf. Noes: None. Abstain: None. Absent: Fung.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Jennifer Griffin stated her concern that two commission meetings, Parks and
Recreation and Planning, were scheduled for the same night. She discussed her
concern on the CVRA lawsuit and how it might affect the future of Cupertino.
Peggy Griffin stated she believed the Commission was in violation of the Brown Act
for Commissioner Mistry’s remote attendance. She also expressed her frustration with
the two commission meetings scheduled for the same night.
The following speakers stated concerns related to traffic, fire safety, insurance rates,
and transparency regarding potential development in the Linda Vista/Vista Heights
area next to Linda Vista Park:
DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, June 11, 2024
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• Rose Grymes
• Peter Friedland
• Sujai Hajela
San R expressed his concern regarding concurrent commission meetings and asked
that the Housing Element site list be published by address in addition to APN. He
added his support for the concerns stated by residents of the Linda Vista area and
concerns for the wildlife therein.
Commissioner Madhdhipatla asked for clarification on the status of the Linda Vista/
Vista Heights project and if it would come before the Planning Commission for
review.
Staff clarified that it was currently only a SB330 pre-application at this point.
CONSENT CALENDAR - None
PUBLIC HEARINGS
2. Subject: Municipal Code, Specific Plan, Below Market Rate Mitigation Manual
and Zoning Map Amendments related to implementing the 6th Cycle
Housing Element (Application No.(s): MCA-2023-001, SPA-2023-001, CP-
2024-002, Z-2024-001, EA-2024-001; Applicant: City of Cupertino; Location:
city-wide)
Recommended Action: That the Planning Commission recommend that the
City Council adopt draft resolutions allowing for consistency with the 6th
Cycle Housing Element, and minor edits for clarity, as follows:
1. Municipal Code Amendments (Attachment A), including but not limited
to:
a. Adoption of three new Chapters, Chapter 19.38 (Multiple-Family
Residential (R-4) Zones), Chapter 19.46 (Townhome (TH) Combining
District), Chapter 19.50 (Emergency Shelters) and
b. Amendments to Chapter 19.08 (Definitions), Chapter 19.12
(Administration), Chapter 19.16 (Designations and Establishment of
Districts), Chapter 19.20 (Permitted, Conditional and Prohibited Uses in
Agricultural and Residential Zoning Districts), Chapter 19.28 (Single
Family Residential (R-1) Zones), Chapter 19.36 (Multiple Family
Residential (R-3) Zones), Chapter 19.76 (Public Building (BA), Quasi-
Public Building (BQ), and Transportation (T) Zones), Chapter 19.80
(Planned Development (P) Zones), Chapter 19.100 (Accessory
Buildings/Structures), Chapter 19.124 (Parking), Chapter 19.156
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(Development Permits, Conditional Use Permits, and Variances),
Chapter 19.168 (Architectural and Site Approval Permits), Chapter
14.15 (Landscape Ordinance) and Chapter 17.04 (Standard
Environmental Protection Requirements); and
2. Adopt (Attachment B):
a. Amendments to the Heart of the City Specific Plan;
b. Amendments to the Below Market Rate (BMR) Mitigation Manual; and
3. Zoning Map Amendments (Attachment C) to reflect changes to Priority
Housing Sites and other minor changes for internal consistency.
Director of Community Development Benjamin Fu introduced the item, Assistant
Director of Community Development, Luke Connolly and Planning Manager, Piu
Ghosh. Assistant Director Connolly and Planning Manager Ghosh gave a
presentation.
Commissioners asked clarifying questions and made comments.
Vice Chair Lindskog opened the public hearing and the following people spoke:
Jennifer Griffin
Peggy Griffin
Jun-Xiong Hughes
San R
Vice Chair Lindskog closed the public hearing.
Commissioners asked questions and made comments.
Staff and Placeworks consultant, Charlie Knox answered questions.
MOTION: Lindskog moved and Mistry seconded that the Planning
Commission recommend that the City Council:
Adopt the three new Chapters, Chapter 19.38 (Multiple-Family Residential
(R-4) Zones), Chapter 19.46 (Townhome (TH) Combining District), Chapter
19.50 (Emergency Shelters) with the addition the Townhome Combining
District allow for an increased height to 35 feet but maintain the lot coverage
limit at 55 percent and eliminate the FAR restriction, and also that the
proposed section 19.46.040 be revised to clarify that it is intended to refer
only to the requirements and procedures regarding development plans as
established in section 19.36.040 and 19.38.040 and also that the row in table
19.46.060 is the maximum lot width and refers to the width of the lot which is
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no more than one townhome as distinct from a lot with multiple townhomes.
And that the Building Development regulations table be relabeled to the
correct 19.46.070.
FRIENDLY AMMENDMENT: Mistry made a friendly amendment:
That the Townhome Combining District allow for 100 percent FAR in
addition to the increased height of 35 feet and remove the lot coverage limit
of 55 percent. (Lindskog accepted the friendly amendment).
The motion failed with the following vote: Ayes: Lindskog and Mistry. Noes:
Madhdhipatla and Scharf. Abstain: None. Absent: Fung.
MOTION: Scharf moved and Madhdhipatla seconded that the Planning
Commission recommend the City Council:
Adopt the three new Chapters, Chapter 19.38 (Multiple-Family Residential
(R-4) Zones), Chapter 19.46 (Townhome (TH) Combining District), Chapter
19.50 (Emergency Shelters) as recommended by staff.
The motion failed with the following vote: Ayes: Madhdhipatla and Scharf. Noes:
Lindskog and Mistry. Abstain: None. Absent: Fung.
Commissioners asked questions and made comments.
Staff answered questions.
MOTION: Mistry moved and Lindskog seconded that the Planning
Commission recommend the City Council:
Adopt the proposed draft resolution related to Municipal Code Text
Amendments with amendments to the parking requirements for duplex
developments constructed under Housing Element Strategy HE-1.3.6 by
requiring one open and one enclosed parking space per unit for a total of four
per duplex.
FRIENDLY AMMENDMENT: Lindskog made a friendly amendment:
To add the carveout for the R1-a zoning designation (Chapter 19.28.040) that
units located on parcels zoned R1-a shall meet the required front setbacks for
R1-a zoning district and remove the word “rental” from Table 19.28.040 for
duplexes allowed pursuant to Strategy HE-1.3.6 of the Housing Element.
(Mistry accepted the friendly amendment).
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The motion failed with the following vote: Ayes: Lindskog and Mistry. Noes:
Madhdhipatla and Scharf. Abstain: None. Absent: Fung.
MOTION: Scharf moved and Madhdhipatla seconded that the Planning
Commission recommend the City Council:
Adopt the proposed draft resolution with amendments to add a carveout for
the R1-a zoning designation (Chapter 19.28.040) that duplex units pursuant to
Strategy HE-1.3.6 of the Housing Element located on parcels zoned R1-a shall
meet the required front setbacks for R1-a zoning district and remove the
word “rental” from Table 19.28.040 for duplexes allowed pursuant to
Strategy HE-1.3.6 of the Housing Element.
The motion failed with the following vote: Ayes: Madhdhipatla and Scharf. Noes:
Lindskog and Mistry. Abstain: None. Absent: Fung.
The Commission made no recommendation on the Municipal Code Text Amendments.
Commissioners asked questions and made comments.
Staff answered questions.
MOTION: Lindskog moved and Mistry seconded that the Planning
Commission recommends the City Council:
Approval of the Specific Plan amendments and amendments to the Below
Market Rate Housing Mitigation Manual to the City of Cupertino Municipal
Code with the findings reflected in the draft resolution attached (Attachment
B) hereby exhibits SPA-1 and CP-1.
The motion carried with the following vote: Ayes: Lindskog, Madhdhipatla, Mistry and
Scharf. Noes: None. Abstain: None. Absent: Fung.
Commissioners asked questions and made comments.
Staff answered questions.
MOTION: Lindskog moved and Mistry seconded that the Planning
Commission recommends the City Council:
Approval of the rezoning to the City of Cupertino Municipal Code with the
findings reflected in the Draft Ordinance attached hereto as Exhibit Z.
The motion carried with the following vote: Ayes: Lindskog, Madhdhipatla, Mistry and
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Scharf. Noes: None. Abstain: None. Absent: Fung.
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Commissioner Scharf reported on attending a June 2nd Cali Zoom meeting with CA
Assemblyman Alex Lee as the guest. The subject was affordable housing. He also
reported on a June 9th meeting with CA State Senator Dave Cortese as the guest.
The subject was housing.
FUTURE AGENDA SETTING
Commissioner Mistry requested that parking standards for all types of zoning be
reviewed at a future meeting. Vice Chair Lindskog seconded the request.
ADJOURNMENT
At 9:26 p.m., Vice Chair Lindskog adjourned the Regular Planning Commission
Meeting.
Minutes prepared by:
_______________________________
Piu Ghosh, Planning Manager
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CITY OF CUPERTINO
Agenda Item
24-13372 Agenda Date: 9/10/2024
Agenda #: 2.
Subject: Conditional Use Permit to allow an arcade use in a 1,955 square foot unit within the
Marketplace Shopping Center and associated environmental review. (Application No(s).: U-2024-001;
Applicant(s): Kiddleton, Inc.; Location: 19720 Stevens Creek Boulevard; APN(s): 369-06-012)
That the Planning Commission adopt the proposed draft resolution (Attachment 1) to approve the
Use Permit (U-2024-001), which also finds the project exempt from CEQA.
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PLANNING COMMISSION STAFF REPORT
Meeting: September 10, 2024
SUBJECT
Conditional Use Permit to allow an arcade use in a 1,955 square foot unit within the
Marketplace Shopping Center and associated environmental review. (Application
No(s).: U-2024-001; Applicant(s): Kiddleton, Inc.; Location: 19720 Stevens Creek
Boulevard; APN(s): 369-06-012)
RECOMMENDED ACTIONS
That the Planning Commission adopt the proposed draft resolution (Attachment 1) to
approve the Use Permit (U-2024-001), which also finds the project exempt from CEQA.
DISCUSSION
Project Data:
General Plan Designation: Commercial/Office/Residential
Special Area Heart of the City
Zoning Designation: P(CG,Res)
Specific Plan Heart of the City Specific Plan (East Stevens Creek
Boulevard Subarea)
Unit Size 1,995 square-feet
Project Consistency with:
General Plan: Yes
Zoning: Yes, with approved Conditional Use Permit
Environmental Assessment: Categorically Exempt, Sec. 15301 (Existing Facilities)
Background:
The project site (see Figure 1 on next page) is located within the Marketplace Shopping
Center in the East Stevens Creek Boulevard Subarea in the Heart of the City Special Area.
The shopping Center is bounded by single-family residences to the south, retail uses to
the north and west, and townhomes to the west. The shopping center was developed in
1979 and tenanted by restaurants, personal service businesses, financial institutions, and
is anchored by the Marukai Market.
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Application Request
The applicant, Kiddleton, Inc., is requesting a Conditional Use Permit to operate an
arcade within the Marketplace Shopping Center. The General Commercial (CG)
Ordinance requires that the Planning Commission review and approve requests for
commercial entertainment establishments, including any arcades with over four video
game machines.
Analysis:
Operational Details
Kiddleton is a Japanese business
that makes mini-crane machines
available to a customer base that is
primarily under the age of 30 in an
arcade. The franchise operates
over 260 arcades in Japan, 150 in
the United States, with 35 in
California.
Kiddleton is proposing to occupy
the same space as the former
Okaigan Dojo martial arts
academy within the Marketplace Shopping Center, located adjacent to the Legends Pizza.
Kiddleton proposes to install 64 mini-crane machines of various sizes. The applicant is
not requesting any extended hours of operation beyond those allowed by the City’s
Municipal Code and will not be serving food or drinks. Please refer Attachment 2
(Business Summary) and Attachment 3 (Layout Plan).
Figure 1 Vicinity Map
showing the location of the
proposed business within
the Marketplace Shopping
Center (outlined in red).
Figure 2 Concept drawing of a typical Kiddleton Arcade.
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Conditional Use Permit
The General Commercial (CG) Ordinance requires that the Planning Commission review
and approve requests for commercial entertainment establishments, such as any arcade
with over four video game machines. The parking requirement for the 1,995 square foot
unit is 1 space for every 250 square feet, or 8 spaces, which the Market Place Shopping
Center can accommodate. However, bicycle parking on site is deficient with the existing
standards as set forth in CMC19.124.040. A condition of approval adding a Class II bicycle
parking space has been added to be located within the vicinity of the unit.
The addition of this business is also in conformance with condition 4 of Use Permit (M -
2007-02) limiting new food services in the Marketplace Shopping Center adjoining the
rear corridor, adjacent to the existing single-family homes. A condition of approval has
been added restating this condition of approval.
Staff recommends approving a conditional use permit for this proposed commercial
entertainment establishment.
Cupertino Municipal Code Findings
The Cupertino Municipal Code includes ‘findings’ for approval of various permits
necessary to approve the proposed project. These provide a framework for making
decisions and facilitating an orderly analysis of the review of a project. Listed below are
the findings for the Conditional Use Permit sought by the applicant that the City must
make in rendering a decision whether to grant a Conditional Use Permit on this project.
Conditional Use Permit (CMC 19.156.040)
1. The proposed development and/or use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or convenience;
The proposed business will operate within the existing Marketplace Shopping Center. Parking
impacts are within the General Commercial standards of CMC19.124.040. Further, the
business will operate within the municipal codes permitted hours of operation and will be
conditioned to not serve food that requires on-site cooking or warming of food products by the
application of heat, in compliance with existing conditions of approval for the Marketplace
Shopping Center. Therefore, the development will not be injurious to property or
improvements in the area nor be detrimental to the public health and safety.
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino General Plan, any applicable specific plans, underlying
zoning regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA)
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The project, subject to the conditions of approval, is operating within the standards of the
applicable zoning code, General Plan, and Specific Plan. The proposed arcade will be conducted
within the existing square footage of the shopping center and is exempt from CEQA under
Section 15301 (Existing Facilities).
Environmental Assessment:
The project is categorically exempt from the requirements of the California
Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.)
(“CEQA”), together with the State CEQA Guidelines (California Code of Regulations,
Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), pursuant to CEQA
Guidelines section 15301 (Existing Facilities - Class 1). The project consists of the
operation, repair, maintenance, permitting, leasing, licensing, and minor alteration of an
existing private structure involving negligible or no expansion of an existing use,
including interior or exterior alterat ions involving such things as interior partitions,
plumbing, and electrical conveyances and none of the exceptions to the categorical
exemptions in CEQA Guidelines section 15300.2 apply.
PUBLIC NOTICING & OUTREACH
The following table is a brief summary of the noticing done for this project:
Public Notice Agenda
Site Signage (14 days prior to the hearing)
Legal ad placed in newspaper (at least 10 days
prior to the hearing)
117 public hearing notices mailed to property
owners within 300 feet of the project site (10
days prior to the hearing)
Posted on the City’s official
notice bulletin board (one week
prior to the hearing)
Posted on the City of Cupertino’s
website (one week prior to the
hearing)
One public comment has been received as of the date of production of this staff report
(September 5, 2024) (See Attachment 4). The commenter is not supportive of the project
due to concerns about parking and increased pedestrian traffic. As previously outlined in
the staff report, the use is expected to utilize 8 parking spaces in the center. While parking
directly in front of the businesses might be challenging, overall, there is parking available
in the center.
NEXT STEPS
Should the project be approved, the Planning Commission’s decision on this proposal is
final unless an appeal is filed within 14-calendar days of the date of the mailing of the
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decision. The applicant may apply for building and other permits at the end of the appeal
period.
This approval expires on September 10, 2026 at which time the applicant may apply for
a one-year extension.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved by: Luke Connolly, Assistant Director of Community Development
ATTACHMENTS:
1 – Draft Resolution for U-2024-001
2 – Business Plan
3 – Layout Plan
4 – Public Comment
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ARCADE USE IN A
1,955 SQUARE FOOT UNIT WITHIN THE MARKETPLACE SHOPPING CENTER
LOCATED AT 19720 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: U-2024-001
Applicant: Kiddleton, Inc.
Location: 19720 Stevens Creek Boulevard; APN(s): 369-06-012
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Conditional Use Permit (U-2024-001) to allow an arcade use in a 1,955 square foot
unit within the Marketplace Shopping Center.;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301: Existing
Facilities for the reasons set forth in the staff report dated September 10, 2024 and
incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application, as detailed in the staff report and as discussed at the September 10, 2024
Planning Commission hearing; and
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a) The proposed development and/or use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or convenience;
The proposed business will operate within the existing Marketplace Shopping Center.
Parking impacts are within the General Commercial standards of CMC19.124.040. Further,
the business will operate within the municipal codes permitted hours of operation and will be
conditioned to not serve food that requires on-site cooking or warming of food products by the
application of heat, in compliance with existing conditions of approval for the Marketplace
Shopping Center. Therefore, the development will not be injurious to property or
improvements in the area nor be detrimental to the public health and safety.
b) The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino General Plan, any applicable specific plans, underlying
zoning regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA)
The project, subject to the conditions of approval, is operating within the standards of the
applicable zoning code, General Plan, and Specific Plan. The proposed arcade will be
conducted within the existing square footage of the shopping center and is exempt from
CEQA under Section 15301 (Existing Facilities).
WHEREAS, the Planning Commission is the approval authority for this project and is
granted the authority by the Municipal Code to exercise its independent judgment,
based on the record before it, for purposes of the California Environmental Quality Act;
and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption applies
to existing facilities that involve negligible or no expansion of existing or former use.
Therefore, the proposed project would not involve the expansion of the former use
(Section 15301, Class 1), will not significantly expand the use beyond the current use
that already exists or previously existed, and will not have a significant effect on the
environment.
2. Approves the application for a Conditional Use Permit, Application no. U-2024-001
subject to the conditions which are enumerated in this Resolution beginning on
PAGE 3 thereof. The conclusions and sub conclusions upon which the findings and
conditions specified in this resolution are based, including those contained in the
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Public Hearing record concerning Application no. U-2024-001 as set forth in the
Minutes of Planning Commission Meeting of September 10, 2024, are hereby
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the business operation plan as submitted by the applicant
entitled “Business Summary for Family-Style Arcade Games” consisting of fifteen
(15) pages; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or construction
records. Any misrepresentation of any property data may invalidate this approval
and may require additional review.
3. BUILDING PERMITS REQUIRED
The applicant shall consult with the City’s Building Division to obtain the necessary
sign permits for this project.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval including, but not limited to, M-2007-02,
shall remain in effect except as may be amended by conditions contained in this
resolution
6. MODIFICATION OF PLANS
Prior to application for Building Permits, the applicant shall update plans to reflect
the removal of any illumination on the proposed canopy wall signs.
7. CONDITIONAL USE PERMIT APPROVAL
A Conditional Use Permit for a commercial entertainment use (arcade) within a
1,995 square-foot unit of an existing shopping center is approved. Standard hours of
operation are limited to those between 7am and 11pm. In accordance with M -2007-
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002, the operation of this business shall not include on-site cooking or warming of
food products by the application of heat.
8. BICYCLE PARKING
In accordance with Chapter 19.124: Parking Regulations, one (1) Class II bicycle
parking stations shall be added in the vicinity of the business location. Design of the
bicycle parking facility shall be approved by Director of Community Development
prior to building permit issuance.
9. MODIFICATION OF BUSINESS OPERATIONS
Changes to the operations determined to be minor shall be reviewed and approved
by the Director of Community Development. Further, the Director of Community
Development is empowered to adjust the operation of the restaurant to address any
documented problem or nuisance situation that may occur.
10. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case
where, in the judgment of the Director, substantial evidence indicates that the
conditions of the conditional use permit have not been implemented, or where the
permit is being conducted in a manner detrimental to the public health, safety, and
welfare, in accord with the requirements of the municipal code.
11. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
12. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during the nighttime period as defined in Section 10.48.053(b)
of the Municipal Code.
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d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are
not allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Night time construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
13. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail to off-site businesses and residents within 500
feet of the project site. The City will provide a template notice and mailing
addresses for the Applicant’s use. The notice must be approved by City staff
prior to sending. The project applicant shall provide the City with evidence of
mailing of the notice, upon request.
Please note that, if pile driving, the requirements for noticing and monitoring
outlined in City Code Section 17.04.050 G (3) shall apply.
14. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least four feet by six feet shall be posted on construction fencing at
the entrance(s) to the job site, clearly visible to the public, and include the
following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint;
and
d. Contact information for City’s and contractor’s authorized representatives
that are assigned to respond in the event of a complaint related to fugitive
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dust, pursuant to the requirements for compliance with BAAQMD’s CEQA
Air Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
15. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans
a note that, during project construction, the project applicant shall incorpor ate
the following measures to reduce noise during construction and demolition
activity:
a. The project applicant and contractors shall prepare and submit a
Construction Noise Control Plan to the City’s Planning Department for
review and approval prior to issuance of the first permit. The Construction
Noise Plan shall demonstrate compliance with daytime and nighttime decibel
limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino
Municipal Code. The details of the Construction Noise Control Plan shall be
included in the applicable construction documents and implemented by the
on-site Construction Manager. Noise reduction measures selected and
implemented shall be based on the type of construction equipment used on
the site, distance of construction activities from sensitive receptor(s), site
terrain, and other features on and surrounding the site (e.g., trees, built
environment) and may include, but not be limited to, temporary construction
noise attenuation walls, high quality mufflers. During the entire active
construction period, the Construction Noise Control Plan shall demonstrate
that compliance with the specified noise control requirements for construction
equipment and tools will reduce construction noise in compliance with the
City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior
to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use
of noise producing signals, including horns, whistles, alarms, and bells will be
for safety warning purposes only. The construction manager will use smart
back-up alarms, which automatically adjust the alarm level based on the
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background noise level or switch off back-up alarms and replace with human
spotters in compliance with all safety requirements and law.
16. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.040
Outdoor Lighting Requirements. In the event changes are proposed from the
approved plans, said changes must be reviewed and approved by the Director of
Community Development or their designee. The applicant shall provide all
documentation required to determine compliance with the Municipal Code.
17. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on
all permit plans, the full text of each of the Bay Area Air Quality Management
District’s Basic Control Measures from the latest version of BAAQMD’s CEQA
Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to
control fugitive dust (i.e., particulate matter PM2.5 and PM10) during
demolition, ground disturbing activities and/or construction.
18. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim, action,
cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively
referred to as “proceeding”) brought by a third party against one or more of the
indemnified parties or one or more of the indemnified parties and the applicant
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or an y
other permit or approval authorized for the project. The indemnification shall
include but not be limited to damages, fees, and costs awarded against the City, if
any, and cost of suit, attorneys’ fees, and other costs, liabilities, an d expenses
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel and shall include
City Attorney time and overhead costs and other City staff overhead costs and any
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costs directly related to the litigation reasonably incurred by City. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified parties
from and against any damages, attorneys’ fees, or costs awards, including attorneys’
fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded
against the indemnified parties. The Applicant shall cooperate with the City to enter
a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
19. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
PASSED AND ADOPTED this 10th day of September, 2024, at a regular Meeting of the
Planning Commission Committee of the City of Cupertino, State of California, by the
following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh David Fung
Planning Manager Chair, Planning Commission
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From:Lauren Sapudar
To:Gian Martire; Piu Ghosh (she/her)
Subject:FW: Application # U-2024-001 Kiddleton,Inc
Date:Monday, July 22, 2024 9:31:31 AM
Attachments:image009.png
image010.png
image011.png
image012.png
image013.png
image014.png
image015.png
image016.png
Lauren Sapudar
Deputy City Clerk
City Manager's Office
LaurenS@cupertino.gov
(408) 777-1312
From: garelickdd@comcast.net <garelickdd@comcast.net>
Sent: Monday, July 22, 2024 9:09 AM
To: City of Cupertino Planning Commission <planningcommission@cupertino.org>
Subject: Application # U-2024-001 Kiddleton,Inc
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
To whom it may concern
I am writing to express my concerns about the use permit for an arcade and additional traffic,
both pedestrian and vehicle. I am a resident in the neighborhood on 10132 Deeprose Place, I
am within 2 blocks from the Marketplace shopping center, I have lived here sense 1984.
My main concern is the parking, and pedestrian traffic. The Marketplace is already a challenge,
the entire parking lot is always full and to just go and pick up a pizza and park it is very tight. The
number of pedestrians walking to and from their cars makes it even more difficult to get a
parking place, even foot traffic can be a challenge. The purposed business would overtax an
already max parking not to mention the increased foot traffic and all the frustrations that may
arise. In addition, we already have Chucky Cheese across Stevens Creek which is a similar
type of business.
To be clear I am pro business, but to add another high traffic, both cars and people, to an
already well used and sometimes crowded market area would not be in the best interest for
my neighborhood.
Thank you
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Dave Garelick
10132 Deeprose Pl
Cupertino, 95014
408-446-3656
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CITY OF CUPERTINO
Agenda Item
24-13373 Agenda Date: 9/10/2024
Agenda #: 3.
Subject: Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08
(Definitions), and 19.60 (General Commercial (CG) Zones). (Application No. MCA-2024-002;
Applicant: City of Cupertino; Location: City-wide)
That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the
City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental Quality Act
(CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
CITY OF CUPERTINO Printed on 9/5/2024Page 1 of 1
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PLANNING COMMISSION STAFF REPORT
Meeting: September 10, 2024
SUBJECT
Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08
(Definitions), and 19.60 (General Commercial (CG) Zones) and Associated
Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino;
Location: City-wide)
RECOMMENDED ACTION
That the Planning Commission adopt the draft resolution (Attachment 1) recommending
that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
DISCUSSION
Background
The City of Cupertino’s General Plan Community Vision 2040 lists as one of its guiding
principles support for vibrant and mixed-use businesses to ensure that the City’s major
mixed-use corridors and commercial nodes are vibrant, successful, and attractive. In
order to promote this to enhance the community’s quality of life, the City will periodically
review and update land use and zoning requirements for retail, commercia l and office
development. This is done in the hopes of attracting high-quality sales-tax producing
businesses and services, while adapting to the fast-changing retail, commercial and office
environment to ensure that existing businesses are encouraged to reinvest and grow in
the City.
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The proposed amendments are intended to further the above-mentioned objectives and
have been identified with strikethroughs and underlines (as appropriate) in Attachment
1.
Analysis
Chapter 19.04, General Provisions
Section 19.04.100 Exclusionary Zoning is added to this chapter to clarify that if uses are not
listed in any land use table as permitted or conditional, they are deemed prohibited.
However, this section also enables the Director of Community Development to make a
determination that an unlisted use may be allowed, if it is deemed similar to, and not
more intensive than, the uses listed in such land use table.
Chapter 19.08, Definitions
In Chapter 19.08, several definitions were either added, amended, or combined to clarify
uses and update the Municipal Code to address newer business types and trends. These
include the following:
Bar Facility – Clarifying that a bar facility is a facility in a restaurant while also
merging and contrasting this definition with “Drinking Establishment”.
Farmers Market – Added definition as this use is now included in Table
19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning
Districts.
Food Store – Added definition as a new general category which includes a
definition for “Grocery Store”, and combined with existing definitions for
“Convenience Market” & “Specialty food stores”
Pet Day Care – Added definition which clarifies the existing “Pet shop” use.
Restaurant – Expanded the existing definition to add “Self-Service” to the
existing “Restaurant, Fast-Food” use.
Specialized School – Added definition for an existing use that is currently
regulated in Table 19.60.030: Permitted, Conditional and Excluded Uses in General
Commercial Zoning Districts.
Chapter 19.60: General Commercial (CG) Zones
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning
Districts
General Commercial land uses were reviewed and compared to similar jurisdictions in
Santa Clara County to evaluate whether the City of Cupertino is consistent with current
entitlement processes, and up to date in how certain uses are classified. The proposed
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changes are in three categories - certain uses are proposed to be permitted by right where
they are currently conditional uses, some conditional uses currently approved at the
Planning Commission level are proposed to be approved at an Administrative Hearing,
and new uses have been added. These include:
Eliminating “Specialty Food Stores”, “Convenience Markets”, and “Fast-food” as
separate uses that currently need to be entitled with a Use Permit and are proposed
to be permitted without a Use Permit.
Adding Farmers Markets as a use.
Changing the approval authority for the following uses from a “Use Permit –
Planning Commission” to “Use Permit – Admin Hearing”
Eating establishments with separate bar facilities.
Entertainment facilities within eating establishments.
Late evening activities.
Pet shops located in structures that are not sound-proof.
Moved ‘outdoor display’ and ‘outdoor seating’ standards from CMC 19.60.50
Land Use Activity to CMC Table 19.60.030.
Table 19.60.060: Development Standards
The Development Standards in Table 19.60.060 have been updated to include the
following:
Added language that referenced standards to General Plan, Specific Plan, or any
other underlying land use document where the commercial establishment is
located.
Referenced Standards to Landscape Ordinance, Municipal Code Chapter 14.
Added standards for Odor Abatement systems in eating establishments.
ENVIRONMENTAL ASSESMENT
This Ordinance is not a project under the requirements of the California Quality Act of
1970, together with related State CEQA Guidelines (collectively, “CEQA”) 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. CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the amendments to the City
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Code would have no or only a de minimis impact on the environment. The foregoing
determination is made by the City Council in its independent judgment.
PUBLIC NOTICING & OUTREACH
The following noticing has been conducted for this project:
Notice of Public Hearing, Site
Notice & Legal Ad
Agenda
Legal ad placed in newspaper
(at least 10 days prior to hearing)
Display ad placed in newspaper
(at least 10 days prior to hearing)
Posted on the City's official notice
bulletin board (five days prior to hearing)
Posted on the City of Cupertino’s Web
site (five days prior to hearing)
PUBLIC COMMENTS
No comments have been received.
NEXT STEPS
The recommendations made by the Planning Commission will be forwarded to the City
Council for consideration at the October 1, 2024, meeting.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved by: Luke Connolly, Assistant Director of Community Development
ATTACHMENTS
1. Draft Resolution
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RESOLUTION NO. 2024-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTERS 19.04
(GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60
(GENERAL COMMERCIAL (CG) ZONES)
The Planning Commission recommends that the City Council:
1.Determine that Project is exempt under the requirements of the California Quality
Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”)
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. CEQA applies only to projects which have the potential
of causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. In this circumstance, the
amendments to the City Code would have no or only a de minimis impact on the
environment. The foregoing determination is made by the City Council in its
independent judgment.
2.Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A,
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Cupertino this 10th day of September 2024, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh David Fung
Planning Manager Chair, Planning Commission
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MUNICIPAL CODE CHAPTERS 19.04 (GENERAL PROVISIONS), 19.08
(DEFINITIONS), AND 19.60 (GENERAL COMMERCIAL (CG) ZONES)
The City Council of the City of Cupertino finds that:
1.In order to maintain and enhance the community’s quality of life, the City will
periodically review and update land use and zoning requirements for retail, commercial
and office development in order to attract high-quality sales-tax producing businesses
and services, while adapting to the fast-changing retail, commercial and office
environment, and ensure that existing businesses are encouraged to reinvest and grow
in Cupertino.
2.The City Council of the City of Cupertino held a duly noticed public hearing on
October 1, 2024, and after considering all testimony and written materials provided in
connection with that hearing introduced this ordinance and waived the reading
thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is further amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. 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 an
amendment to or readoption of the earlier provisions.
EXHIBIT A
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SECTION 3: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 4: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on October
1, 2024 and ENACTED at a regular meeting of the Cupertino City Council on October
15, 2024 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
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ABSTAIN
SIGNED:
Sheila Mohan, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney
Date
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ATTACHMENT A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS 19.04
(GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60 (GENERAL
COMMERCIAL (CG) ZONES)
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double‐underlined text (example) and text
to be deleted in shown in strikethrough (example). Text in existing provisions is not amended
or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the
Code.
Where the explanatory text indicates that a new section is being added to the City Code, the new
section is shown in plain text.
1. Amendments to Title 19 concerning General Commercial Land Use
19.04.100 Exclusionary zoning.
When a use is not specifically listed as a permitted or conditional use, it shall be
assumed that such use is prohibited, unless it is determined by the Director of
Community Development that the use is similar to, and not more intensive than, the
uses listed. Requests for determinations for specific uses shall be submitted to the
Director of Community Development in writing, with a detailed description of the
proposed use, its proposed location, and intended hours of operation. Additional
information may be required by the Director of Community Development in order to
prepare the determination for individual uses. Any decision by the Director of
Community Development regarding a requested determination shall be in writing
and shall be final.
19.08.030 Definitions.
“Bar Facility” means part of an establishment used primarily for the sale of alcoholic
beverages to be consumed on the premises, provided that the restaurant and bar/lounge
area operate as a single entity. The physical layout, entry location(s), spatial connection
between the areas, and operational characteristics, among other factors, shall be used to
determine compliance. Any bar/lounge area cannot remain open when the dining area
is closed. However, the dining area may be open while the bar/lounge area is closed.
This is in contrast to a "Drinking establishment” which is a business that is primarily
devoted to the selling of alcoholic beverages for consumption on the premises.
"Convenience market" means a use or activity that includes the retail sale of food,
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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.
"Drinking establishment" means an activity that is primarily devoted to the selling of
alcoholic beverages for consumption on the premises.
“Farmers’ Market” means an outdoor market open to the public, in which (a) at least 75
percent of the products sold are Farm Products or Value-added Farm Products and (b)
at least 75 percent of the vendors regularly participating during the market’s hours of
operation are Producers, or family members or employees of Producers.
1. “Farm Products” means fruits, vegetables, mushrooms, herbs, nuts, shell eggs,
honey or other bee products, flowers, nursery stock, livestock food products
(including meat, milk, cheese and other dairy products), and fish.
2. “Producer” means a person or entity that raises or produces Farm Products on
land that the person or entity farms and owns, rents, or leases.
3. “Value-added Farm Product,” means any product processed by a Producer
from a Farm Product, such as baked goods, jams, and jellies.
“ Food Store” may include, but not be limited to, the following retail establishments:
1. “Grocery store”. A Retail Sales and Services Use that:
a. Offers a variety of unrelated, non-complementary food and non-food
commodities, such as beverages, dairy, dry goods, fresh produce and other
perishable items, frozen foods, household products, and paper goods;
and
b. May prepare food on site for immediate consumption.
2. "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, excluding
delicatessens and other specialty food shops and establishments which have a
sizable assortment of fresh fruits, vegetables, and fresh-cut meats.
3. "Specialty food stores" means a retail establishment under 3,000 square feet that
specializes in selling a specific type of food product with a limited scope of
inventory. This food product may be prepared and sold on-site or purchased
wholesale, and consumption of the goods occurs primarily off premises. Examples
include butcher shops, delicatessens, bakeries, fish mongers, coffee shops, donut
shops, ice cream stores, and produce markets. Specialty Food Stores are not
considered fast food restaurants.
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Food Stores may provide beer, wine, and/or liquor sales for consumption off the
premises with a California Alcoholic Beverage Control Board License type 20 (off-sale
beer and wine) or type 21 (off-sale general) that occupy less than 15% of the Occupied
Floor Area of the establishment (including all areas devoted to the display and sale of
alcoholic beverages).
"Pet Day Care" means any premises where animals are trained, exercised and
socialized, but not kept or boarded overnight, bred, sold, or let for hire. The hours of
operation shall be limited daily from 7.a.m. to 9 p.m.
"Restaurant”:
1. Restaurant, Fast-Food/Self- Service. "Fast-food/Self Service 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/self-service restaurants.
2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is
not a fast-food or self-service 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.
“Specialized School” means a private academic educational institution, providing
specialized education/training. Examples include the following:
• art school • establishments providing courses by
mail/online
• ballet and other dance school • language school
• business, secretarial and vocational • music school
• computers and electronics school • professional school (law, medicine,
etc.)
• drama school • seminaries/religious ministry training
facility
• driver education school • martial arts
Also includes facilities, institutions and conference centers that offer specialized
programs in personal growth and development, such as fitness, environmental
awareness, arts, communications, and management. Specialized School does not include
pre-schools, after school care and child day care facilities.
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"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.
CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES
19.60.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property
zoned general commercial (CG), are identified in Table 19.60.030, Permitted,
Conditional and Excluded Uses in General Commercial Zoning Districts below.
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial
Zoning Districts
Zoning Districts CG
Uses
1. Retail businesses, such as, but not limited to:
a. food stores, (excluding convenience markets),
b. drugstores,
c. apparel shops,
d. variety stores and
e. hardware stores
P
2. Full service rRestaurants (without separate bar facilities), where:
a. all public entrances face away from low-density residential (1-5 Dwelling
Units an Acre) zoning districts developments that share property lines and
b. where the required customer parking is located within close proximity of
the entrance
P
3. Specialty food stores which cumulatively occupy more than fifty percent of
the building floor space in a single building or shopping center Farmers’ Market
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Admin.
4. Eating establishments
a. Full-service restaurants with separate bar facilities
Fast-food restaurants, and
b. Any entertainment facilities (e.g., dancing, live music) in association with
full-service or fast-food/self-service restaurant
CUP -
PCAdmin
5. Any commercial establishments with drive-through facilities CUP - PC
6. Late evening activities which occur between eleven p.m. through seven a.m. CUP -PC
Admin
7. Offices such as those below, provided that such uses do not comprise more
than twenty-five percent of the building space in a shopping center: P
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Zoning Districts CG
a. Professional,
b. General,
c. Administrative,
d. Business offices,
e. Business services, such as:
i. advertising bureaus,
ii. credit reporting,
iii. accounting and similar consulting agencies,
iv. stenographic services, and
v. communication equipment buildings
8. Commercial Office uses such as those below which directly serve the public
a. Banks,
b. Financial institutions,
c. Insurance agencies
d. Real estate agencies,
e. Travel agencies,
f. Photography, and
g. Similar studios
P
9. Laundry facilities, including those below, provided that the solvents used in
the cleaning process shall not be used or stored in any manner not approved
by the State Fire Marshal and provided the establishment received approval
from the Bay Area Air Quality Management District.
a. Self service operations
b. Full service operations; and
c. Retail dry cleaning establishments. Dry cleaning is limited to items directly
delivered to the establishment by retail customers
P
10. Private clubs, lodges, or fraternal organizations
a. Uses in (10) above as subordinate uses in buildings intended primarily for
other permitted uses provided for in this section P
b. Uses in (10) above as principal use buildings CUP - PC
11. Fraternity and sorority houses CUP - PC
12. Limited repair services, such as:
a. Jewelry,
b. Household appliance,
c. Typewriter and
d.c. Business machine repair shops
d. Personal electronic devices
P
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13. Personal service establishments such as:
a. Barbershops,
b. Beauty parlors,
c. Massage establishments,
d. Shoe repair shops, and
e. Tailor shops
P
14. Accessory facilities and uses customarily incidental to permitted uses and
otherwise conforming with provisions of Chapter 19.100 of this title P
15. A maximum of four video game machines, provided these machines are
incidental to the main activity of the business P
16. Specialty food stores which cumulatively comprise less than fifty percent
of the retail space of a single building or shopping center P
17. 16. Pet shops and pet services facilities (buildings)and for pet services
such as, bathing, clipping, trimming, grooming, pet day care, and similar
services for pets.
a. Uses in (1716) above which are located in a sound-proof structure, and are in
compliance with Santa Clara County Health Department regulations and
Chapter 8.05 of this Code
P
b. Uses in (1716) above which are not located in a sound-proof structure, and
are in compliance with Santa Clara County Health Department regulations
and Chapter 8.05 of this Code.
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1817.
a. Child care centers,
b. Day nurseries, and
c. Playgrounds
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1918. Vocational and specialized schools, dance and music studios, gymnasiums
and health clubs
a. When the uses in (1918) above cumulatively comprise < 50% of the space in
a shopping center, provide adequate parking as determined by Chapter 19.124
and meet noise requirements as determined by Chapter 10.48
P
b. When the uses in (1918) above cumulatively comprise ≥ 50% of the space in
a shopping center, provide adequate parking as determined by Chapter 19.124
and meet noise requirements as determined by Chapter 10.48
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2019. Retail/service kiosks that meet the following:
a. Are located in an unenclosed space visible from public streets or other
publicly owned space,
b. Where adequate parking is provided as determined by Chapter 19.124,
c. Which do not result in traffic or circulation impacts,
d. Have attractive designs and landscaping, and
e. Are compatible with the surrounding architecture
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2120 Other uses which, in the opinion of the Director of Community
Development, are similar to the permitted uses in the CG zoning district, and
which do not have the potential to create significant adverse impacts to the
surrounding area due to odor, dust, smoke, glare, fumes, radiation, vibrations,
noise, traffic or litter
P
2221. Commercial parking and parking garages CUP - PC
23. Convenience markets CUP - PC
2224. Hotels, motels, and boardinghouses CUP - PC
2325. Liquor stores CUP - PC
2426. Drinking establishments CUP - PC
2527. Commercial entertainment recreation establishments, such as:
a. Indoor theaters,
b. Bowling alleys,
c. Billiard and pool parlors,
d. Dance halls,
e. Skating rinks, and
f. Arcades
CUP - PC
2628. Mortuaries CUP - PC
2729. Automotive service stations, automobile washing facilities CUP – PC
2830. Automobile, trailer, tire and boat sales and rental, limited to new and
used vehicles in operable condition CUP - PC
2931. Automobile and Tire repair shops CUP - PC
3032. Business activities which display merchandise or provide services in an
unenclosed space visible from a public street or adjoining residential property,
except activities which display merchandise as provided in compliance with
requirements of by Section 19.60.050:
CUP -
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a. The display of merchandise in front of stores with ≥ 20,000 square feet of
floor area. P
b. The display of merchandise in front of stores with < 20,000 square feet of
floor area.
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31. Business activities which provide services in an unenclosed space visible
from a public street or adjoining residential property, except activities which
provide services in compliance with requirements of Section 19.60.050.
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32. Outdoor Seating in excess of twenty percent of the number of authorized
indoor seats and is otherwise compatible with Chapter 19.124 of this code
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33. Business activities which incorporate contracting services for which a
contracting license issued by the State is required CUP - PC
34. Other commercial uses which are neither permitted uses nor excluded
uses and which are, in the opinion of the Planning Commission, consistent
with the character of a general commercial (CG) zone of the same general
character listed in this section, and which do not have the potential to create
significant adverse impacts to the surrounding area due to odor, dust,
fumes, glare, radiation, vibration, noise, traffic or litter
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35. Businesses where the primary activity is related to the on-site
manufacturing, assembly or storage of building components intended for
use by general contractors or wholesalers
Ex
36. Storage garages, and other wholesale businesses, except computer
hardware and software and communications businesses for which the City
may generate sales tax revenue where the primary activity is to conduct sales
and services to other businesses rather than to direct retail customers
Ex
37. Other uses which, in the opinion of the Planning Commission, are
objectionable by reason of odor, dust, smoke, glare, fumes, radiation,
vibration, noise, traffic or litter shall be excluded
Ex
38. Warehouses Ex
39. Lumberyards Ex
40. Nurseries and greenhouses Ex
41. Commercial excavating of building or construction materials Ex
Key:
P – Permitted Use
- – Not Allowed
CUP - Admin. – Conditional Use Permit issued by the Director of Community
Development
CUP - PC – Conditional Use Permit issued by the Planning Commission
CUP - CC – Conditional Use Permit issued by the City Council
Ex – Excluded Uses
19.60.50 Land Use Activity.
A. Land Use Criteria. Unless otherwise provided by a conditional use permit,
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the following regulations shall apply to all users governed by this chapter.
1. The activity must be conducted entirely within a building or enclosed patio or
atrium except for:
a. Vehicular parking including the parking of business-related vehicles that
comply with the sign, off-street parking and noise regulations;
b. Outdoor seating for restaurants as long as the number of seats do not
exceed twenty percent of the number of authorized indoor seats and is
otherwise compatible with Chapter 19.124 of this code; in accordance with
requirements of Section 19.60.040.
c. Special promotional events undertaken by permitted businesses;
d. The display of merchandise in front of stores containing a minimum of
twenty thousand square feet of floor area. The merchandise must be displayed
under a roof overhang or canopy, and must be displayed in an organized, neat
and safe fashion ;and , in accordance with requirements of Section 19.60.040.
e. Incidental activities directly related to the permitted business. The incidental
activity must comply with noise standards, all other applicable health and safety
regulations and must use equipment which, when not in use, is stored in an
approved enclosed space.
2. The activity must comply with the City noise standards, including pick-up
and delivery times. Some activities are permitted when located in a sound-proof
space. A sound-proof space is an enclosed area which is designed to prevent
internally generated noise from being audible from a receptor located outside of
the structure. An acoustical engineer shall certify the design and operating
conditions of a sound-proof space.
3. The activity must involve direct retailing of goods or services to the general
public. The retailing and servicing activity must comprise at least fifty percent of
the floor space, including enclosed patio and atrium space, and must represent
the primary emphasis of the business. Window displays shall reflect the retail
emphasis.
4. Certain activities which require a hazardous material plan are permitted subject
to permitting or licensing by an authorized public agency charged with the
responsibility to protect the public health and welfare regarding the involved
hazardous material. Examples: swimming pool and spa supply, photo finishing, dental
office.
5. The activity complies with applicable off-street parking standards including
shared parking arrangements specified in the off-street parking ordinance.
19.60.060 Development Standards.
Table 19.60.060 sets forth the rules and regulations pertaining to the development of
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property located in the General Commercial (CG) zoning district.
Table 19.60.060: Development Standards
A. Lot Area and Coverage No minimum lot area or coverage. However, if
specified in the General Plan or applicable Specific
Plan, Mmust comply with be in conformance with the
General Plan or applicable Specific Planthat standard.
Must have sufficient area to satisfy off-street parking
and loading requirements contained in this title.
B. Height of Buildings
and Structures
30 feet unless otherwise permitted by the General Plan
or applicable Specific Plan.
C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space – Setbacks are
established based upon policies contained in the General Plan and/or applicable
Specific Plan. When setbacks are not established in other land use or zoning
documents, the setbacks in the CG zone shall apply.
1. Front Yard Established based upon special policies contained in the
General Plan and/or applicable specific plan to:
Insure sufficient space to provide adequate light, air
and visibility at intersections;
Assure general conformity to yard requirements of
adjacent or nearby zones, lots or parcels; and
Promote excellence of development.
2. Minimum Side and Rear
Yard
No side or rear yard setback required unless lot abuts
any residential or agricultural-residential zone in which
case the following regulations apply:
a. Side Yard Setback
i. Interior Side 12 feet, or a total setback equal to one foot of additional
setback for each foot of height of a commercial building
measured from its eave line or top of parapet, whichever
is more restrictive.
ii. Street Side of Corner Lot 12 feet
b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half feet
of additional setback for each foot of height of a
commercial building measured from its eave line or top
of parapet, whichever is more restrictive.
D. Noise Standards –
1. New Construction and uses approved as a Conditional Use that have a high
probability of generating noise that adjoin residential districts shall be:
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a. Exterior Walls Designed to attenuate all noise emanating from interior
retail space.
b. Loading Docks and
Doors
Located away from residential districts. Required Fire
Doors are excluded.
c. Mechanical and other
equipment
Air conditioning, exhaust fans, and other mechanical
equipment shall be acoustically isolated to comply with
the noise ordinance
d. Sound Wall Install a minimum eight-foot-high masonry sound wall
on or adjacent to the common property line
e. Acoustical Engineer Design and operational space must be cCertified by an
acoustical engineer that the above sound attenuation
measures comply with the intent of the regulation and
the City's community noise ordinance
2. In addition to (1) above, retail structures in a mixed-use residential development
shall employ noise attenuation techniques recommended by an acoustical engineer to
comply with the community noise ordinance.
E. Odors – New construction and uses that have a high probability of generating odors
adjoining residential developments or in mixed-use residential developments shall
employ odor abatement techniques, including but not limited to, the installation of
activated charcoal filtration systems and/or similar odor abatement systems certified
by an air quality specialist for use.
EF. Lighting – New lighting fixtures for any new site construction or building
improvements: shall meet the requirements in Chapter 19.102
FG. Landscaping Plan 1. Shall be designed to provide an effective year-round
landscaping screen in the setback area adjoining any
lower-density residential property. The intent of the plan
is to screen the building from the rear yard of a residence
within five years.
2. Shall be maintained, with appropriate irrigation,
provided to all landscaped areas.
3. Shall comply with the requirements of Chapter 14.15
of the Municipal Code.
4. Shall be subject to the requirements of Chapter 14.18 of
the Municipal Code.
GH. Utilities 1. The following amenities and utilities shall be installed
subject to the specifications of the subdivision ordinance:
a. All utilities, including water, gas, sanitary and storm
sewers, underground power systems, and
b. Amenities including, lighting electroliers, curbs,
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gutters, streets and sidewalks and
c. Connections to main systems shall be installed
subject to the specifications of the subdivision
ordinance of the City.
2. All wires, pipes, cables, utilities and connections shall
be placed in underground or subsurface conduits subject
to the specifications of the subdivision ordinance of the
City.
3. Underground vaults, or, utility spaces integrated
within buildings, if allowed, or alternatively, well
screened areas, if underground vaults or spaces
integrated within buildings are deemed to be infeasible
by the City Engineer and the Director of Community
Development, must be provided for the installation of
the necessary utilities.
HI. Mechanical Equipment Air conditioning, exhaust fans, and other mechanical
equipment shall be visually screened.
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