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PC Reso 2024-13 - for MCA-2024-002RESOLUTION NO.2024-13 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, with the following modifications: • Revise the proposed Farmer's Market definition in 19.08.030 to be like that of the City of Palo Alto's definition of Farmer's Market: "Farmers' market" means a market certified by the state or county agricultural commission under Title 3, Chapter 3, Article 6.5 of the California Administrative Code which allows direct retail sale by farms to the public of such items as fruits, vegetables, nuts, eggs, honey, nursery stock, cut flowers, live animals and inspected meats and seafood. • Outdoor seating is permitted without a 20% cap triggering a Conditional Use Permit so long as parking requirements are met in conformance with CMC Chapter 19.124: Parking Regulations. • "Convenience Market" use class shall continue to be permitted with a Conditional Use Permit heard at the Planning Commission. • Entertainment facilities (e.g., dancing, live music) in association with full - service or fast-food/self-service restaurants shall be a permitted use. 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: Fung, Lindskog, Mistry NOES: COMMISSIONERS: Madhdhipatla, Scharf ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Piu Ghosh Planning Manager APPROVED: *P--- D ung L Chair, Planning Commission 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. 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: ABSTAIN Mohan, Mayor City of Cupertino Date ATTEST: Date Kirsten Squarcia, City Clerk APPROVED AS TO FORM: Date Christopher D. Jensen, City Attorney Ordinance No. Page 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 zonin& 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 D ment 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 areaoperate as a single entity. The physical 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 Ordinance No. Page establishment" which is a business that is nri� marily devoted to the selling of alcoholic beverages for consumption on the premises. "Cen - . - - - ar-ket" means a use OF aEfiVity that iRElUdes the retail sale of fead, beverages, and small per-senal eenvenienr=e items, inc-Wding sale of feed in fetind in establishments with leng er- late heur-s of oper-atien and in relatively smal buildings, bUt e)EC-!UdiHg delicatessens and other speeialty food sheps and establishments ,vlqiEh have a sizable asser-tment E)f fresh fruits, vegetables, and „ establishment" E)F .,1,,,-,1-,Olk beverages for c-onsumption e the "Farmers" Market" means an outdoor market open t opublic,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. y 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 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 f food, beverages, and small personal convenience items, including sale of food in disposable containers prime 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. Ordinance No. Page 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 scopes f 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 sho s, delicatessens, bakeries, fish mongers, coffee shops, donut shops ice cream stores aproduce markets Sperm Food Stores are not considered fast food restaurants. 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 Ta.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. --vino aleeheliE 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 mate bar facility for serving alcoholic beverages is not permitted without a use permit. "Specialized School" means a private academic educational institution, providin- 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 • music school vocational Ordinance No. Page • computers and electronics school • drama school • driver education school • professional school (law, medicine, etc. • seminaries/religious ministry training facili • martial arts Also includes facilities, institutions and conference centers that offer specialized programpersonal 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. 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 convemeREe markets), b. drugstores, c. apparel shops, P d. variety stores and e. hardware stores 2. Full l ser-Vice rRestaurants (without separate bar facilities),, where: a. all public entrances face away from low -density residential (1-5 Dwelling Units an Acre) ^ ,;ra a_s' -iets developments P that share pro ear y lines and b. where the required customer parking is located within close proximity of the entrance Ordinance No. Page Zoning Districts CG 3. CUP - than fi ft , r f the building ing flao,, in building nt space a single or- skeppiiqg­ee� Farmers' Market Admin. 4. Eating establishments a. Full -service restaurants with sepa*ate-bar facilities CUP- ]Past food restaurants, and PGAdmin b. Any entertainment facilities (e.g., dancing, live music) in association with full -service or fast-food/self-service restaurant 5. Any commercial establishments with drive -through facilities CUP - PC 6. Late evening activities which occur between eleven p.m. CUP -PC- through seven a.m. 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: a. Professional, b. General, c. Administrative, d. Business offices, P 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 P d. Real estate agencies, e. Travel agencies, f. Photography, and g. Similar studios Ordinance No. Page Zoning Districts CG 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 P b. Full service operations; and c. Retail dry cleaning establishments. Dry cleaning is limited to items directly delivered to the establishment by retail customers 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, f _ Typewriter- and P Vic. Business machine repair shops d. Personal electronic devices 13. Personal service establishments such as: a. Barbershops, b. Beauty parlors, c. Massage establishments, P d. Shoe repair shops, and e. Tailor sho s 14. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with provisions of P Chapter 19.100 of this title 15. A maximum of four video game machines, provided these machines are incidental to the main activity of the business P tiyely lass se Ordinance No. Page Zoning Districts CG 4-7-. 16. Pet shops and pet sefviEes facilities (buildings) nd for pet services such as bathing, clipping, trimming, grooming day care, and similar services for pets. a. Uses in (4 .) above which are located in a sound -proof structure, and are in compliance with Santa Clara County P Health Department regulations and Chapter 8.05 of this Code b. Uses in (4-716) above which are not located in a sound -proof structure, and are in compliance with Santa Clara County CUP - Health Department regulations and Chapter 8.05 of this Code. PCAdmin 4817. a. Child care centers, CUP - PC b. Day nurseries, and c. Playgrounds 4-918. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs a. When the uses in (4�18) 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 P determined by Chapter 10.48 b. When the uses in (4�18) above cumulatively comprise >_ 50% of the space in a shopping center, provide adequate CUP - parking as determined by Chapter 19.124 and meet noise Admin. requirements as determined by Chapter 10.48 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 CUP - Chapter 19.124, Admin. c. Which do not result in traffic or circulation impacts, d. Have attractive designs and landscaping, and e. Are compatible with the surrounding architecture -2420 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 P to odor, dust, smoke, glare, fumes, radiation, vibrations, noise, traffic or litter 2221. Commercial parking and parking garages CUP - PC Ordinance No. Page Zoning Districts CG 2224. Hotels, motels, and boardinghouses CUP - PC 2325. Liquor stores CUP - PC 2426. Drinking establishments CUP - PC 2527. Commercial entertain r+ recreation establishments, such as: a. Indoor theaters, b. Bowling alleys, CUP - PC c. Billiard and pool parlors, d. Dance halls, e. Skating rinks, and f. Arcades 2628. Mortuaries CUP - PC 272-9. Automotive service stations, automobile washing CUP — PC facilities 28-30. Automobile, trailer, tire and boat sales and rental, CUP - PC limited to new and used vehicles in operable condition 29-34. Automobile and Tire repair shops CUP - PC 3032. Business activities which display merchandise elide 3 e s in an unenclosed space visible from a public street or adjoining residential property, except activities which display CUB C merchandise as-prewided in compliance with requirements of by Section 19.60.050: aa. The of merchandise in front of stores with g 20,000 P — square feet of floor area. b. The display of merchandise in front of stores with < 20,000 CUP - Admin souare feet of floor area. 31. Business activities which provide services in an unenclosed CUP — Admin space visible from a public street or adjoining residential property, except activities which provide services in compliance with re uirements of Section 19.60.050. 32. Outdoor Seating in excess of twenty percent of the number, CUP — of authorized indoor seats and is otherwise compatible with Admin Chapter 19.124 of this code 33. Business activities which incorporate contracting services CUP - PC for which a contracting license issued by the State is required Ordinance No. Page Zoning Districts CG 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 CUP - PC 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 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 Ex wholesalers 36. Storage garages, and other wholesale businesses, except computer hardware and software and communications businesses for which the City may generate sales tax revenue Ex where the primary activity is to conduct sales and services to other businesses rather than to direct retail customers 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 Ex excluded 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, the following regulations shall apply to all users governed by this chapter. Ordinance No. Page 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- ef seats do no Eompatible Nyit -, Chapter 19.124 of this ..ode; . _ ____ __ ___; m 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 must be displayed under a roof overhang or canopy, and must be displayed in an organized, neat and safe fashion ; , 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 property located in the General Commercial (CG) zoning district. Ordinance No. Page 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 cQW with bey een€anRanee Sparrthat standard. Must have sufficient area to satisfy off-street parking and loading requirements contained in this title. B. Height of Buildings 30 feet unless otherwise permitted by the General and Structures 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 No side or rear yard setback required unless lot Yard 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 - Ordinance No. Page 1. New Construction and uses appFaved as a Conditional Use that have a high probability of generating noise that adjoin residential districts shall be: a. Exterior Walls Designed to attenuate all noise emanating from interior retails ace. b. Loading Docks and Located away from residential districts. Required Doors Fire Doors are excluded. c. Mechanical and other Air conditioning, exhaust fans, and other equipment 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 cEertified 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 abatements stems certified by an air quality specialist for use. U. Lighting — New lighting fixtures for any new site construction or building improvements: shall meet the requirements in Cha ter 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 irri ation. 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. Ordinance No. Page SH. Utilities 1. The following amenities and utilities shall be installed subject to the specifications of the subdivision ordinance: a. All utilities, including water, gas, sanitary and storm sewers, underground power systems, and b. Amenities including, lighting electroliers, curbs, gutters, streets and sidewalks and c. Connections to main systems shall be installed subject to the specifications of the subdivision ordinance of the City. 2. All wires, pipes, cables, utilities and connections shall be placed in underground or subsurface conduits subject to the specifications of the subdivision ordinance of the City. 3. Underground vaults, or, utility Waces 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. 14I. Mechanical Equipment Air conditioning, exhaust fans, and other mechanical equipment shall be visually screened.