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PC Packet 08-09-2016 CITY OF CUPERTINO AGENDA �uP��TiNO pLANNING COMMISSION 10350 Torre Avenue, Council Chamber Tuesday, August 9, 2016 6:45 PM SALUTE TO THE FLAG ROLL CALL APPROVAL OF MINUTES 1. Subject: Draft Minutes of July 26, 2016 Recommended Action: Approve or modify Draft Minutes of July 26, 2016 Draft Minutes,June 26,2016 WRITTEN COMMUNICATIONS POSTPONEMENTS/REMOVAL FROM CALENDAR ORAL COMMUNICATIONS This portion of the meeting is reserved for pe�sons wishing to address the Comrnission on any matter 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 PUBLIC HEARING 2. Sub�L: Sign Exception Permit to allow a freeway oriented, illuminated wall sign on an existing hotel (Cupertino Inn). Application No(s).: EXG2016-04; Applicant(s): Ritu Gupta (Forge-Vidovich Motel, LP); Address: 10889 N De Anza Boulevard APN# 326-10-058 Recommended Action: Approve the application per the draft resolution Planning Commission decision final unless appealed Staff Report 1 -Draft Resolution 2-Plan Set ClTY OF CUPERTINO Page I Planning Commission AGENDA August 9,2016 3. Subject: Consider amendments to Chapter 19.124, Parking Regulations, of the Cupertino Municipal Code. The amendment includes allowing modifications and improvements to legal non-conforming single family garages. The proposed amendment will also include updates to the standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan adopted on June 21, 2016. Application No(s).: MCA-2016-02; Applicant(s): City of Cupertino; Location: citywide Recommended Action: malce a recommendation to the City Council to approve the application per the draft resolution Tentative City Council Hearing date: September 6, 2016 Staff Report 1 -Draft Resolution 2 -Redlined Chapter 19.124 OLD BUSINESS NEW BUSINESS REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Commission Mayor's Monthly Meeting with Commissioners Economic Development Committee Meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT ADJOURNMENT ClTY OF CUPERTINO Page 2 Planning Commission AGENDA August 9,2016 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 desc�ibed in this agenda, or in w�itten correspondence delivered to the City of Cupertino at, or prio� to, the public hearing. In the event an action taken by the planning Coinmission is deemed objectionable, the matter may be officially appealed 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 the next Planning Co�ninission meeting who is visually o� hearing impaired or has any disability that needs special assistance should call the City Cle�k's Offzce at 408-777-3223, 48 hou�s in advance of the meeting to a�range for assistance. Upon r�equest, in advance, by a person with a disability, Planning Commission meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any w�itings 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, during normal business hours and in Planning packet a�chives linked from the agenda/minutes page on the Cupertino web site. Membe�s of the public a�e entitled to address the Planning Commission concerning any item that is described in the notice or agenda fo� this meeting, before o� during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speake� �equest card located in fi�ont of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, p�oceed to the podium and the Chair will �ecognize you. If you wish to add�ess the Planning Com�nission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same p�ocedu�e described above. Please liinit your cominents to three (3) minutes or less. Please note that Planning Commission policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. Fo� 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.o�g. ClTY OF CUPERTINO Page 3 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING DRAFT MINUTES 6:45 P.M. JULY 26, 2016 TUESDAY CITY COUNCIL CHAMBERS The regular Planning Commission meeting of July 26, 2016, was called to order at 6:45 p.m. in the Cupertino Council Chambers, 10350 Torre Avenue, Cupertino, CA. by Chair Takahashi. SALUTE TO THE FLAG ROLL CALL Com�nissioners Present: Chairperson: Alan Takahashi Vice Chairperson: Margaret Gong Cominissioner: Winnie Lee Commissioner: Geoff Paulsen Commissioners Absent: Commissioner: Don Sun Staff Present: Asst. City Manager: Aarti Shrivastava Asst. Community Development Director: Benjamin Fu Asst. City Atton7ey: Colleen Winchester Associate Planner: Erick Serrano APPROVAL OF MINUTES: 1. Minutes of the June 14, 2016 Planning Commission meeting.• MOTION: Motion by Vice Chair Gong, second by Chair Takahashi, and carried 4-0-0, Com. Sun absent,to approve the June 14, 2016 minutes as presented. WRITTEN COMMUNICATIONS: None other than related to agenda item. POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARING 2. ASA-2015-22,DP-2015-05. Architectural and Site Approval to allow construction of a 122 U-2015-06, TR-2016-04, room hotel, 2 mixed use buildings with 188 apartment units, and EXC-2016-03, EXC-2016-05, approx. 22,600 sq. ft. of commercial space and associated site (EA-2015-OS) Amy Chan and off-site improvements. Development Permit to allow the (DeAnza Venture LLC) demolition of approx. 44,000 sq. ft. of commercial space and 10122 Bandley Dr.& construct a 122-room hotel, 2 mixed use buildings witb approx. Cupertino Planning Commission 2 July 26, 2016 10145 DeAnza Blvd. 22,600 sq. ft. of commercial space and 188 apartments with (Marina Plaza) associated underground and surface parking. The project Proposes 16 units as very low income, Below Market Rate units making the project eligible for density bonus; Use Permit to allow 24 hour operations for a 122-room hotel including a restaurant with separate bar; Tree Removal Permit to allow the removal and replacement of 90 trees, Heart of the City Exception for Building A to allow rear and side setbacks of 10 ft. where 22.5 feet are required; and to allow a 16-ft. setback for an architectural feature where 31 feet is allowed; Fence Exception to allow electronic vehicle gates. Continued fi°om the June 14, 2016 Planning Cominission �neeting. It was noted that Com. Sun has a conflict of interest relative to the application, therefore he will not participate in the meeting. Erick Serrano,Associate Planner,presented the staff report: • Referred to the overhead presentation and reviewed the updates to the application for redevelopment of Marina Foods with associated site and off-site improvements as outlined in the staff report. He reviewed the project description, project site, setbacks, architecture, landscaping and tree removal, transportation/parlcing, participation in the Transportation Demand Management Association when formed; and environmental review,which are outlined in detail in the attached staff report. • Since the last meeting,the applicant has proposed a Development Agreement,which includes benefits in exchange for certainty regarding standards and conditions that will apply for the project. Some of the key points from the Development Agreement include transportation benefits with traffic signal modification at the corner of Bandley and Stevens Creek; bicycle improvements in the vicinity of the project consisting with the city's recently adopted 2016 Bicycle Transportation Plan; new bus shelter and benches along Stevens Creek Blvd. and the participation in the Transportation Management Association future Transportation Management Association. The applicant will also contribute to FUHSD and CUSD; part of it will be parcel tax over 20 years and free use of the community room when available. The applicant will also provide a hotel conference room for the city at the hotel. • During the June 14, 2016, public hearing, comments were received regarding the easement on the property, most notably the Bank of America and the Saich property, the applicants are continuing to work with the adjacent property owners and easement holders. The city has added conditions as previously mentioned in the June 14t'' meeting that require that the easement issues be resolved and updated and no building permit be issued until the easements have been updated. If the applicant changes the site plan or any buildings,they will be required to come back to the Planning Commission for approval. • During the public comment period, or during the public comments during the June 14�" meeting, the comments that included support of the BMR unit, or the inclusion of the BMR units, the miXed nature of the project is viewed favorably;there were as mentioned before concerns over the private easements; there were also concerns over the lack of new allocations throughout the city communications for the General Plan, the project was liked because of the consistency with the development standards and there was the concern of the loss of retail,most notably the grocery store.Relative to the environmental review,the project went under initial study mitigated negative declaration which tiered off the General Plan. The General Plan analyzes full implementation of uses and physical development proposed under the General Plan which includes identifying measures to mitigate the significant adverse program level and facts associated with growth in the General Plan. The project was identified as all new growth as anticipated in the General Plan and General Plan EIR, and the project is consistent with the General Plan and the General Plan EIR. At the May 26th Environmental Review Committee the ERC recoinmended approval of the mitigated negative declaration. • Staff recoi�nmends that the Planning Commission recommend that the City Council approve the application. Cupertino Planning Commission 3 July 26, 2016 � Staff answered commissioners' question about the application and the qualifications for the BMR units. Colleen Winchester, Asst. City Attorney: • Said she had the opportunity to review the submission received from the development parcel owners attorneys at 4:24 p.m. from Rossi Hammerslough Reischl & Chuck, dated July 25, 2016. There was a dispute between the adjacent property owners or surrounding property owners, and the development parcel owners. They contend that some of the Saich property and adjacent surrounding properties don't have the easements they claim they have; they are disputing that the easements exist. At the last hearing,the surrounding parcels and their attorneys contend they do have easement rights that are being impacted by the project. There is no way to de�ermine the easement rights based on what has been presented. Amy Chan,Applicant: • Said they had no information to add,but were available to answer questions. John Thatch,Architect: • Provided information on the lcitchen dimensions; restaurant seating is 250, including outside dining. There is adequate space for flexibility,part of the idea is being able to activate the green space relative to outdoor dining. Relative to square footage, said it depended on which direction they went. Said he did not have detailed information with him at the meeting. Amy Chan: • The one Saich Property has a 22-1/2 foot easement;the easement in dispute is about 25 feet; as we look at some of the contingency that Chair Takahashi mentioned,we would have to push the building back about 2-1/2 feet; that change will be minor; some square footage will be lost but less than 1,000; but we don't believe it would impact the design. The other easement mentioned in the middle of the block, we don't think it is an issue right now, but if it is, it would have to come back to the Planning Commission for their consideration. Com.Paulsen: • Said that relative to outdoor dining, earlier this year the Planning Commission voted to recommend to the City Council that the Council eliminate the outmoded law saying that a restaurant could only have 20%of its seating outdoors. Is there a provision for expanding the outdoor dining if the law is changed? There was consensus that the issue was not voted on at that time. Vice Chair Gong: • Asked staff for their interpretation of the document received on the bench. She asked that both attorneys express their opinion also, and what caused the easement rights to be terminated. Samuel Chuck,Attorney representing the applicant: • Referred to images of the easements and explained they were prepared but not recorded. Said a search did not turn up a recorded easement; Mr. Saich thought he had the easement; however the documents were never recorded; the only one that was recorded was the green one; there is no pink easement; the big one does not exist for the benefit of the Saich property. If the green easement does exist, it is of minimal impact. His letter to the client explained that in his opinion as a matter of law,the court would have to decide that easement although originally recorded has been extinguished. The way the law works on easements, is if you record them and put them on title, they are there but they can be extinguished; one way is if they agree to it but another way is prescription law which means if the easement is blocked for a period of 5 years or longer, then your easement ceases to exist. If you visit the property and look at this area of the green that is on our property, it is a planter box with large trees on it,there are berms that prevent anybody from driving through that easement. He said he has litigated Cupertino Planning Commission 4 July 26, 2016 enough of those cases in his opinion to establish that the easement has been extinguished by a prescription. It effectively means that my client as the property owner built obstructions in it to a point where it doesn't exist anymore. Can a city determine that? No, a court would in theory have to look at that issue. With respect to this application there is a condition that says we have to resolve this issue. He said he was still optimistic because Mr. Connor and he have a good relationship and will work something out. Is that guaranteed? No,but if not,they would have to go to the next step. Regardless, even if they went to build around the easement that is of record, it is a minimal impact. Gale Connor,Attorney representing the Saich family: • Said he agreed with some points but disagreed on some key points. They investigated a lot over the last month and found copies of grant deeds and quit claim deeds, communications to and from the city, and communications between the property owners. When the Alpha Beta store was developed by Norcal the city had required Norcal to enter into reciprocal easement agreements with all the surrounding property owners; various owners signed different agreements with Norcal, different documents were prepared and recorded; the map shown was prepared and recorded by Norcal, and it showed a 50 foot easement which was to benefit both the Saich property and the adjacent property that was then owned by Home Savings. • There were grant deeds prepared granting interest in this to the Saich family, and the Saich family likewise had prepared quit claim deeds quit clauning this portion of the inner easement to NorcaL There was a probate proceeding because one of the family members who had interest in the property was deceased. Records were located in the Probate Court authorizing the agreement to swap easements; attorneys were contacted and they still represented Norcal and the Saich family at that tune; they acknowledged that the documents had been signed,the deeds had been notarized,signed and delivered. Whether or not they were recorded, isn't the determination as to whether an easement was created; an easement can be created by a present intent of the party's transaction and the delivery of an instrument conveying the property interest. We believe that both of them exist. We acknowledge that the fact they are not of record makes it a little bit murky, but we believe there is enough evidence out there to show that easement was created. If there were to be a court proceeding and the court looked at these two easements one of the things they would have to consider is if there was not a swap„ this inner easement is a parcel of record, or title insurance company has identified it as parcel2; it includes both this access driveway, as well as the strip of land adjacent to right between the Marina Plaza and Saich property. There is a curb cut a driveway and for 40 years longer cars have been going in and out of there,in a direction to the drive aisle and gone in direction to Bandley Blvd. We believe that under any circumstances a court would find that there is an easement for ingress egress from the Saich property across from what is now the Marina Plaza property. We disagree on the legal conclusion. As for discussions there have been some preliminary discussions about working something out; that got put on hold when the question was asked about a month ago,what documents you have that show that these easements exist and we did this deep dive for the last month. I too am cautiously optimistic that something could be worked out. We would need more time to do this because now I think we both did our due diligence on what is out there and further discussions may be helpful. One point I want to make is that whatever is going to happen would involve some redesign of the project; there was an initial proposal put on the table that would redesign some of the landscaping, some of the setbacks,possible location of building, so if we can reach an agreement, I believe that the applicant would need to come back to you in any event with whatever the changed configuration is; so rather than putting this off to being resolved down the road in connection with the building permit I would urge that more time be afforded both parties to see if we can work this thing through and whatever changes are made can be brought back to you before it goes to City Council. Cupertino Planning Commission 5 July 26, 2016 Chair Takahashi: • In terms of a change that requires coming back for Planning Commission and City Council approval, what is the threshold; whose discretion is it in terms of it any change, is there criteria by which change is measured against that occurs, or is it any change at all; what's the city's policy? Aarti Shrivastava: • Said projects approved by City Council when modified come back to the Planning Commission for the modification; if there is a minor modification, that determination is made by the Director; it could be a landscape change; the bldg. skootches back a foot or so with no significant changes and nothing else; that could be processed through an administrative hearing or thru a Director's minor modification. We do these all the time; we determine when a project has reached a level of having to come back to a hearing where there are significant enough changes. Chair Takahashi opened the public hearing. John Saich: • Said he and his daughter have interests which have been substantiated, and are not going to relinquish at this time. Jennifer Griffin,Rancho Rinconada resident: � Said she was disappointed about losing the grocery store;there has always been a grocery store presence at that site and it is one of the anchor sites, first Alpha Beta and later Marina Foods. Before the Target store there was a GEMCO store, and it appears that some planning work is being done to keep a retail component in the center with retail on the ground floor. The area has multiple accesses because of Alves, Bandley, Stevens Creek, Sunnyvale/Saratoga Rd; it is a unique property; there are many ingresses and egresses, exits and entrances;lots of bus traffic; the brick building was initially occupied by Apple in the late 80s. Said there is a small portion of Heart of the Ciry that extends into Sunnyvale/Saratoga and it sounds like from the ERC meeting that they would need to have buffers and setbacks from the road,etc. Also, if they are considering traffic improvements at Bandley and Stevens Creek,having a left turn signal as moving up north would be beneficial. Stephen Gettel, real estate advisor for Saich family: • Said that in the past month they have endeavored and done a great deal of due diligence to pull up the documentation supporting those easements,the property rights involved, not only of their property but the other properties; and found that the easement adjoining the property is fully substantiated as a deeded easement from its origination as Gale Connor had spoken to. The second easement in the late 70s and early 80s as required by the city in the development of the Alpha Beta store was executed and delivered by the parties involved. At the current time the proposed development was not only on one of those easements but on both of those easements and without setback. � Subsequent to the June 14th meeting they received from the applicant's attorney a redesign that is still in those easements without sufficient setbacks. He said he felt they were willing to get together and discuss it to a fair conclusion to see both the applicant's development move forward and for them to preserve some of their rights, but need more time to do that, and would ask for at least one more extension to work it out. Chair Takahashi closed the public hearing. Chair Takahashi: • Asked if there was any implied time pressure associated with the Commission and Council approving it and the time to reach an agreement between the applicant and the adjacent property owner. Cupertino Planning Commission 6 July 26, 2016 Benjamin Fu: • Said that tonight's action is not approval; it is a recommendation to the City Council. There is a certain level of pressure in terms of the approval period; staff would need to make sure the project moves forward to the Council for consideration. Chair Takahashi: • Summarized if they follow the recommendation of staff in terms of continuing on, recommending Council address this, City Council approves; there is still a condition associated with an agreement reached between the applicant and the adjacent property owner. What is the time element associated in reaching an agreement, if any, after the City Council would approve this? Benjamin Fu: • The condition stipulates that no building permit will be issued until an agreement has been made. The Development Agreement is good for one year after original approval date. Aarti Shrivastava: • Projects are typically good for 2 years; can get an extension for another 2; this development agreement is good for one year which takes it to 5 years. They do have some time,but pressure is on the applicant because they cannot pull a building permit and there is no permit streamlining in terms of the city having to give a permit; there is one on the planning site. Vice Chair Gong: • Asked if they decide to recommend it to City Counci] to view, could they also recommend that they request increased amounts of retail space? Aarti Shrivastava: • Said it is difficult for the city to get in the middle; it is their job to make sure that the project does meet all the circulation and safety requirements; that is definitely a concern of the city. The Planning Commission is free to discuss and make recommendations; noted that this is primarily a housing element site that must meet certain findings, if there is an issue with the project. Also noted it was a rental project; it would have to be agreed upon by the owner. Com. Paulsen: • Said he agreed with staff that it isn't within their purview to get involved with the legal details of easements; said personally it did not matter to him and as a commissioner whether they vote to approve it or not at this point;he felt it would be helpful to follow the staff recommendation because they have done more research on it. • He commented to Mr. Saich that just as his father was a pioneer in founding Cupertino, an action for which he is grateful;Mr. Saich had the opportunity to be a pioneer in helping create a Heart of the City in this location.He discussed with staff that it is beneficial to plan a whole block as one unit rather than it be piecemeal with one small easement; and he would encourage him to consider redeveloping his property in a way that would benefit both him and his daughter as well as the city. That is outside the purview of this project that is before them and is his personal opinion; said it would be great to have them work together not just on the easement but on the whole block. Com.Lee: • Said they have discussed the retail spots before; the spaces, location, sizes; there are some nice area restaurants with bars, 800 to 1000 square feet,not 2000. As a city they have prescriptions;bathrooms of certain size, the General Plan does not state they need healthy food places, some cities may have that; if it's not in the General Plan it is hard to push forward to make findings. It is not in the General Cupertino Planning Commission 7 July 26, 2016 Plan that there has to be retail spaces that actually work; it is too bad, there has to be retail square footage. As a Planning Commission they can discuss it, retail is a concern. Com.Paulsen: • Said at times it is helpful to let market forces help decide how a space is divided up; developers have to work with various prospective tenants to help decide what space would be best; sometimes tenants will work to subdivide their own space and make a smaller store or combine hem. It is sometimes difficult when staff requires through zoning a particular size and then the market forces change to go in a different direction. Chair Takahashi: • Said they have a significant need for hotel rooms and hotel space; and a major need for housing, especially affordable housing far Cupertino and for the valley as a whole. It is driving traffic patterns and it is forcing people to drive a long way for the jobs. Office won't be addressed because it is not in this project. However,there are strong opinions on office space.Ifwe look at those two elements,those are being proposed by this project, and they are two needs leaving the third component of retail which is also being accommodated to a lesser extent than what is currently on the site; and the needs of the housing and hotel are greater than the needs of the retail at this point in time for this specific location. Said froin that perspective he felt the retail that is there will hopefully be useful to the general public and ideally useful to the residents and the hotel guests. The need for the housing and hotel are the key elements driving this project. For the city as a whole in general with regard to large retail spaces, there is really not many left that can support something that is traditional large retail, definitely no locations that support big box retail;which is something that needs to as a city planning staff needs to understand how much retail space should the city work to provide for the citizens because it is a very dynamic market retail and retail space. • Presently the city is seeing much more demand for restaurants in terms of retail space vs.the traditional retail shop primarily driven by the availability of online shopping and everything else. Said that was his perspective with regard to the elements associated with this proposed project. Vice Chair Gong: • Said she agreed with Chair Takahashi that they were in need of housing; she was a proponent for it to be a housing site. The hotel is too large on the corner, it is needed; there are the allocations; said she felt there was not one person who would disagree that it would be a huge loss and void in the community that Marina Market is going away; it is not just a grocery store, it is a deli, the way of retail, and the current owners should consider it a huge compliment because it is a mainstay in Cupertino and has been an anchor in the city for decades; let's acknowledge if it goes away it is going to be a huge loss. The consideration for retail is understood, that it fits into the footprint of what is fillable to maximize the housing, the hotel allocation. � Said she understood it from a developer's perspective but was not fully supportive of it as a Cupertino citizen. Said they were not present to approve the project,but recommend it be sent up to City Council for further review. Staff put in the provisions that no building permits would be issued without the agreement reached; and both attorneys said they were both cautiously optimistic which gives her a bit of cautious optimism that agreement can be reached. Said she felt they have reached as far as their duties and responsibilities allow. Chair Takahashi: • One area that nobody has addressed is the request of the adjacent property owner to postpone this specific element which is the recommendation; it warrants some discussion because that is a critical element of why they are there. Cupertino Planning Commission 8 July 26, 2016 Aarti Shrivastava: • Said they had their recommendation; the fact that there is a condition and this is not a unique project, the pressure is on the applicant because they don't get a building permit. They have a little time but they are not going to be able to build until they wark it out. Said she did not feel it would give an unfair advantage with regard to dispute resolution over the long term. The city has a job to do, given that this is a housing element that meets all the city's rules,the protections are put in. Chair Takahashi: • The city's perspective is they have to work it out, the property owners; said he understood and agreed, but they start the clock by moving on and approving. Now the applicant feels some level of time pressure to reach an agreement whereas the adjacent property owner has no motivation to reach any agreement. Aarti Shrivastava: • Said not approving it doesn't change it in any way; she was optimistic that both parties want to get together, they will encourage them,but typically staff doesn't get involved in those discussions. They are private for a reason,but publically want to make sure the project meets all the safety requirements. Vice Chair Gong: • Said her perspective is that their duties, responsibilities and parameters are to review the findings and to deem if they are within or out of the ordinance. If according to the findings there doesn't appear to be anything beyond the ardinance or restrictions, the question is what is accomplished if they were to further delay this recommendation to the Council; what is accomplished? Aarti Shrivastava: • Said they don't get involved in those discussions and are not privy to anything which is why they weren't able to share any of the information until the neighborhood properry owner shared it with them. At staff level they don't accomplish anything particularly. MOTION: Motion by Com.Paulsen, second by Chair Takahashi and carried 3-1-1, Com.Lee No, Com. Sun. absent(recused) to approve DP-2015-05, ASA-2015-22, U-2015-06,DA-2016-01, EXC-2016-03,EXG2016-05,TR-2016-14, and EA-2015-OS and the mitigated negative declaration. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANN�NG COMMISSION Environmental Review Committee: No meeting. Housing Commission: No meeting. Economic Development Committee Meeting: Mayor's Monthly Meeting With Commissioners: No report. R_eport of the Assistant Director of Community Development: None ADJOURNMENT: • The meeting was adjourned to next Planning Commission meeting on August 9,2016, at 6:45 p.m. Respectfully Submitted: /s/Elizabeth Ellis Elizabeth Ellis, Recording Secretary COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO,CA 95014-3255 (408)777-3308 • FAX(408)777-3333 CUPE�tTINO PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 Agenda Date: August 9, 2016 SUBJECT Sign Exception Permit to allow for a freeway-oriented, illuminated wall sign at an existing hotel site (Cupertino Inn). RECOMMENDATION Staff recommends that the Planning Commission approve the sign exception (EXC-2016- 4) in accordance with the draft resolution, (Attachment 1). DESCRIPTION A. A�plication Summar� Application: EXC-2016-04 Applicant: Ritu Gupta (San Jose Signs) Property owner: De Anza Venture, LLC Property Location: 10889 North De Anza Boulevard (Cupertino Inn) APN #326-10-058 B. Project Descri�tion 1. Sign Exception (EXG2016-04) to allow for a freeway-oriented, illuminated wall sign at an existing hotel site (Cupertino Inn). EXG2016-04 Cupertino Inn Sign Exception August 9,2016 C. Pro�ject Data Summar� General Plan Designation Commercial/Residential Zoning Designation P (CG)—Planned Develo ment General Commercial Specific Plan Area North De Anza Gateway within the Homestead Special Area Existing Land Use Hotel (no change) Lot Size 85,407 square feet(1.99 acres) Existing Signs One wall sign and one ground sign Proposed wall signs Two walls signs and one round si n Project Consistency with: General Plan Yes Specific Plan Yes Zonin Yes, except for the sign exception request Environmental Review Categorically Exempt per Section 15302, Class 2 of CEQA BACKGROUND The subject property is located at the northwest corner of North De Anza Boulevard and Highway 280. To the north is the existing Goodyear Tire and Homestead Shopping Center. To the east and west of the project are residential areas, and to the south is Highway 280. DISCUSSION The applicant, Ritu Gupta of San Jose Signs, representing the property owner, John Vidovich, is proposing the removal and replacement of one wall sign, and one new freeway-oriented illuminated wall sign that requires Planning Commission review. The application was originally submitted on May 2, 2016. Following the formal application, the applicant worked with Staff to further refine the plans, including the size of the sign, percentage of store front area, and illumination intensity. The new wall signs are consistent with the number, size, and location as prescribed in Cupertino Municipal Code (CMC) Section 19.104.140: Wall Signs as shown in the table below: Allowed Area and Allowed Proposed Consistent with Length Re ulations One (1) square foot Sign A: 96 square Sign A: 53 square feet Yes per store frontage feet Sign B: 53 square feet EXG2016-04 Cupertino Inn Sign Exception August 9,2016 on which sign is Sign B: 221 located s uare feet 70% of store Sign A: 67.2 feet Sign A: 15.17 feet Yes fronta e maximum Si n B: 154.7 feet Si n B: 15.17 feet Length = total Sign A: 67.2 feet Sign A: 30.34 feet Yes combined length of Sign B: 154.7 feet Sign B: 30.34 fee each row of sign co Minimum Area 20 feet 53 square feet Yes Additionally, the intensity of illumination of the proposed wall signs is 62.83 foot- lamberts; which is below the maximum intensity of illumination for signs located within the commercial, office, and industrial districts of 250 foot-lamberts; see CMC Section19.104..230 (A). One wall sign will be oriented toward North De Anza Boulevard, and the other wall sign will be oriented to the freeway (Highway 280). Approval authority for freeway oriented wall signs is required by the Planning Commission when the sign is exclusively visible from the freeway, and within 660 feet of "landscaped freeway" measured from edge of right-of-way. PUBLIC NOTICING & OUTREACH The following is a brief summary of the noticing completed for the project: Public Notice Agenda ■ Legal ad placed in newspaper at least 10 days ■ Posted on the City's official prior to the hearing notice bulletin board at least one ■ Mailed notice of public hearing to property week prior to the hearing owners within 300 feet radius ■ Posted on the City of Cupertino's Posted site notice on property line abutting Web site at least one week prior North De Anza Boulevard. to the hearing PUBLIC COMMENTS No public comments and questions have been received to the date of the posting of this report. EXG2016-04 Cupertino Inn Sign Exception August 9,2016 PERMIT STREAMLINING ACT The project is subject to the Permit Streamlining Act (Government Code Section 65920- 65964). The City has complied with deadlines in the Permit Streamlining Act. Project Received: May 2, 2016 Deemed Incomplete: May 25, 2016 Deemed Complete:July 20, 2016 The City has 60 days (September 16, 2016) to a make a decision on the project since the project is Categorically Exempt from CEQA. The Planning Commission's decision on this project is final unless appealed to the City Council within 14 calendar days. CONCLUSION Staff recommends approval of the project since the conditions of approval address all concerns related to the proposed project, and all the findings for approval of the proposed project are consistent with Chapter 19.104: Signs of the Cupertino Municipal Code. Prepared by: Erick Serrano, Associate Planner Reviewed by: Benjamin Fu, Assistant Director of Community Development Approved by: Aarti Shrivastava, Assistant City Manager ATTACHMENTS: 1 —Draft Resolution 2 —Plan Set EXC-2016-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW A FREEWAY ORIENTED WALL SIGN LOCATED AT 10889 NORTH DE ANZA BLVD. SECTION I: PROTECT DESCRIPTION Application No.: EXC-2016-04 Applicant: Ritu Gupta (San Jose Signs) Location: 10889 North De Anza Boulevard (APN# 326-10-058) SECTION II: RECITALS: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Sign Exception as described in Section I. of this Resolution; and WHEREAS, the project has been determined to be categorically exempt from the California Environmental Quality Act; 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, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: SECTION III: FINDINGS 1. That the literal enforcement of the provisions of the Sign Ordinance will result in restrictions inconsistent with the spirit and intent of the ordinance. The proposed sign is consistent with the intent of the Sign Ordinance including regulations regarding size, orientation, and illumination. 2. That the granting of an exception will not result in a condition which is materially detrimental to the public health, safety, or welfare. The proposed sign will not be detrimental or injurious to property or improvments in the vicinity, and will not be detrimental to the public health, safety, or welfare. 3. That the exception to be granted is one that will require the least modification of the prescribed design regulations and the minimum variance that will accomplish the purpose. Draft Resolution EXG2016-04 August 9,2016 Page-2- The proposed sign has met the requirments defined in the City's Sign Ordinance, and does not require modification to the design regualtions of the ordinance. NOW, THEREFORE,BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof: The application for a Fence Exception Permit, Application no. EXG2016-04 is hereby recommended for approval and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. EXC-2016-04 as set forth in the Minutes of Planning Commission Meeting of Agusut 9, 2016, and are 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 plan set received on June 16, 2016 entitled, "Cupertino Hotel", drawn by M. Albair, consisting of eight (8) sheets; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT 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. EXCEPTION APPROVAL A Sign Exception is hereby granted to allow a new freeway oriented wall sign. 4. ILLUMINATION INTENSITY AND HOURS OF ILLUMINATION The intensity of all signs shall not exceed 250 foot-lamberts. All illuminated signs shall be turned off by 11:00 p.m. A letter from the business operator shall be provided prior to final building permit approval acknowledging this condition of approval and incorporated in the building permit plans. 5. LIGHTING INTENSITY ADTUSTMENT The City reserves the right to require the applicant to utilize dimming technology to adjust the lighting intensity of the sign when deemed necessary. 6. SIGN PERMITS REQUIRED The applicant shall consult with the City's Building Division to obtain the necessary sign permits for this project. 7. 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. Draft Resolution EXG2016-04 August 9,2016 Page-3- 8. INDEMNIFICATION To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant and City shall use best efforts to select mutually agreeable legal counsel to defend such action, and the applicant shall pay all compensation for such legal counsel, following the applicant's receipt of invoices from City, together with reasonable supporting documentation. Such compensation shall include reasonable compensation paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. If the applicant and the City cannot in good faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing, separate from the applicant's litigation counsel. 9. 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. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 9t" day of August, 2016, 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: Benjamin Fu Alan Takahashi, Chair Assist. Director of Community Development Planning Commission 182" � � o i � • � � � � � Primary Frontage (East Elevation): 96 FEET N � �Agn Sq�are F�e#; 53 H O T E L 0 Secondary Frontage (South Elevation): 221 FEET � M pp ;� pp G�3� q�#� ?� � Rait8�X9 R.?JP�P11P;�11&f ��Na�A� �H� GE TETRA POWER SUPPLY INFORMATIQPJ: n Reverse LED Illuminated Channel Letters - DETAILS GEPS12-60U-NA Power Supply(12VDC/60W), Input Voltage: 108-305VAC;Damp Rated; scn�e:a/3z° =1' Self-Contained, 1 Output Bank;Class 2 (x3 TOTAL UNITS PER SI6N) G.E. Bright Blue LED illumination. Letters paintetl to match Pantone 2945c. QUANTIIY2 S/GNS. U�; ic;��iU+t�x �,�� s: , oxw�� ' �ati o; o ,�z.�� , - — Reverse Aluminum channel letter. O5" deep. Painted to match PMS 2945c. F�e��,: To: L20 02 8319530718 ° 1/4" thick clear acrylic lens (backer) 28 lumen/foat'/steradian = 62.6318538J18 foot-lambzrY �r� — — CE 'retra P�Wer Cunn'" (COW/iq\ID/� ' /+I,dSS, n\ candelaimeterv;cd,'m-] candela,'mekr=;cd!n��=] _ u � rr� �� cv � i, c� candelaicentimx[er''cd:cm=] candelaicennme[er='cd�an�] --- Input voltage 108-305VAC (Part# GEPS12-60U-NA) "°°='a"°°` �°�=; °a^de'°f°°' �°f'=; , candela;inch "ad'in=] candela;inch �d'in=] • � inside water tight enclosure. "�,�°a°;�'°' ° k�°^,=, k;';ti°°��'° � ':�° , 1umeNmc[er=;.teradian lumen:merer:;teraAian � - - ��.� ' ' IumeNCenhn- t :;teradian Imren'centi t : tzrsdlan Blue GE L.E.D. (or Eqwv) Illumination. ,�me�;,00� �e,da„ ,��e�„oo„ t da„ T t] -t�.nt] �� Electrical Passthrou h "�"`m°" "�°�° ^,^°, �: 9 ia��e�� iam��<:u ',p'� millilambert mL] n'�illilambert:mL] -- 3/8" x 4" Redhead Anchors in silicone '°°�'°^,�e1 F" '°°°'�^,�e1{ «, apo,tilb;a;b] apo;tilb[a:b] Electrical� adhesive or e uivalent construction b'°^°e' b�°^°e� (Provided by Others) --- q �;a� b;o, DisconnectSwitch adhesive. Minimum (4) anchors per /, p letter. 1/2�� minimum stand-off�s. >Inmen persquare foot per steradian(hn/fNSr)i;a 4 toot-lambert(tL,fl orfbl)i:a unit of lun-�inancx In U[ uQll�/�(j�/a". uni[of luminance in the US Cu romary Unitr and 6riti;h cu ton ai y uniL and other un[ y t m . foo[lambe t imVerial UniL.1 cd�f[==I Im�R r equal i�n candela per quare ront ?6 caidela pu - Drain Holes puaie n etei It i rmel usee by lech cel and I gl t � � engineer r h p' fe the can� I Fa quare fo [ - idele ��qqg��gi per qu n t .H vvecxr.it- ften xd in H � en� Mounting elips Foof L�mberts. ��.0968 1 "d� [ f gthelu i a ce f maa a p�o�xfo�:a�een and m Hie Nightsimulabon Indusby[or mu -ino the briahtnes ot vlsual Gisplay cvstamc of flloht lator;. �2 SECTION VIEW/ MOUNTING DETAIL DETAILS / SPECIFICATIONS INSTALLATION ADDRESS; 10889 N. De Anza Blvd. DCSign& layoui Discl�imr V�TES'. �� DATE: DEC 3, 2015 Customer: Project Description REVisioNS: Customer/Landlord Signalure and Date. i No. Date Desi ner ��s.��ir�m io d�si�iwa�uu- � ' �� `�=-�� .� 9 Urawlnq lo competing si� i 5�� CUPERTINO RICL-CUSTOM _ companies �t�hisdocu�c� � ■'� H�jE� is securetl.do no�piln�.ro� _� �„ �+ . �� _ or dlsfribule io anyone nn� � oi your company or lirm. P: 4�$-294-7446 F: 4�8-294-744� � SiynaN�elnaicatesappmvalol�hlsdesignan0aalaasls, pyewillpmsewtelothel�',e;: — andclienfassumasiheresponsibllllyofanyandall'mcorrect ��en�o�Ihelawfopmiectriv � � inlormafian5howninlh75PmposaLPleasereviewconien�s , Desi ner: M:Albiar • Desl ner.M.A16iar aarefully. warkif we tllscovei our aesiy� J 9 6eing usetl in completetl;orn�� 16% 0( :z��a' Buildinc� kss 4 Uf� R I INO��: H TEL— ��f'(J f�1: 2' � � � � � � � � � � � � M � � � . o o v o a 00 .eop� v � qo �� n V� � EAST ELEVATION (F2Citlg N. De A�zd Blvtl) sca�E:aiaz�� :- �� L �a yr I' N 2� B 9, 9�� UPE I IN 19 4 I —HOTEL — ��Y�I ^��Q:.� � � � � � � � � � � � � � � � � � � � �I�Alr � � � � � � � � � � � � � � � � �I�� M I � � � � � � � � � � II � � I � � � � � � � � � � I � � n SOUTH ELEVATION (FaCing Highway 280) srA�E v,� -- , �� J DATE: DEC32015 Customec ProjectDescription aevis�oNS: Cusiomer/LantllordSigoatureaodDate: �� , �,�� , NoTES: � � � • N €p�a 6� p� p ��1ii��1 Il�r�=� � ,� No. Date Designer � , :co��u �� . tir��f�C�9`� L��. ��ls 6�§,�� '-.��)Il��l�)�� 51GNS CUPERTINO RICL-CUSTOM _ _ i�iuesu�nisdo��i� ■'7 HOTEL men,tlo nm vrn �r, � J Siihuie ia an�one�i _ Sigwlweindlcetrsxppmvalol�M1¢aesignanaaalaaslt ��yw�fcompdnyw�um. P:408-294-7446 F:408-294-7440 � rve�:w omsecme m�ne w.ev ticlerlassumesiheresponsibrllryolxnyanaallTOo�rem p i I I,tt I �r �.lortralon h �nlAlspmpoSaLPleaw�evewwnlen�s � Orawing Scale:6EE DWG e��iy i �.sr� �i r Designer:M.Albiar � NOTE You ge�ONE FflEE CHANGE wi(h each or0e�. Dealgner:M.PJbiar r i� n,o� , ra h� . . .. .: � • � .� � New Sign to Replace � ° � this existing sign. � . � �� . � � � _ :ti; !_ � �� .� �� a ' �` � � �,� ` � Y� ',i ? �.� � � ,>�� ; ��_ f <sf. �� ` � � � .. .. _ ` i .�g � °4��-'':�'4t�C.� .�A,�. .. . ' � . . � � �. �?t $ �*��# � t i ;* , ' _ � � i � � � � � � 5 �� ,r �. i � 'S � M s s � � �^ q �+ .. ? `£ '4, g t� 1E1 2 �.l.;c y i Y �� E � -e 'i�. f�'"i. �'ti� .�° j ' .� � lf • , . '. '�' ' �.. � '� � � ��J t ! h � � ��: � j�'� � �'�Yr F� � � �`� � f�' � �4- � � tr g t, s � � � ¢`'. ' �.�Y €� - a $ � - ! F'a E i r '� i` - . '- � . � ,� � a. �#y'� �: �. 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Project Description RevisioNS: Cuslomer/landlortl Signature antl Dale �, � � �� NoTES: ��a nn��,s�� :,��=� �� No. Date Designer ia�,u,y,ocompe�n�� CUPER11N0 RICL—CUSTOM �ompanles-umisdow 5�� ■•� HOTEL c�ro^ureddono;pn�i p r tllstribute fo anyout i — of your company or 1�i �� Signaturelntllcatesappro�aiolthlstleslgnandtlatxasls, � � „, P: 408-294-7446 F: 408-294-7440 we�u��pmsecute ro i ° aotl cltentassumes the responSihlll�y of anyan0 all Incortecl ti�tn�o�Ihe laW lo pro� _ :4�-. � � � 'm�o[ma�i0n5honnin�hi5pmposal.Pleas,rgvlewcon�eof5 cerelully. wo I.il�e J�scavfi a u � �@Slg�l@I': M./��b18� • Designer:M.PJbiar hei , i e in comulei I I : Location of proposed highway facing sign. , � � B ' � , _. -, _ _, , ,,. � ; , .�:� �. _�... � . �� r ;, r.=� y ��. . = � - � � � � ��, r? � � � ■ , � �� . . f . � � . � . � � � , .,...._ � � ;.,t! � t � � ��i � ■■ �� sw ,� a � �a � � �■ � ��?■ � -. � .. _ � .. .�,: _ k .. � < � _� - -;,. �.. . . ��P � in � ' r � 1 ; .,. ` n� 4 4� � �I �' . �„ ♦. � Y�„� R �r .;� a � " �4 z Lb�, � �`! f_ab_ r {� � t r�� ;a I '�w,.u. ' � � .s .:;� r � � k�. �. ��. _ y^P.. 'k �.H d-�5��" _ ' _ ` . '�.'_ '�`U p— ��' i�__ ` , . ��5- ; �'.^ef I ! ""�� E`�'..� � � [ I � � � . . a . _. ._ . > , . . .. F._ xa__., EXISTING CONDITIONS / SIGNS INSTALLATION ,��?��5� 1 t��?�� N. De Anza Blvtl. �� DATE: DEC 3, 2015 Customec Project Descriptlon RewsioNS: Customer/Landlord Signature and Dale u� �, � u�, � � � NorES�. - u� .�[�'�� N0, �2CB �BS�QOBf I.miine SuuJ�;iui ; � .� ora�nnq.or,omPeYm�� .i 5�� CUPERTINO RICL-CUSTOM companiea�nnisdo i� is secure4 tlo not pnri ��-,. ■•7 HOTEL ar distribu!e m anyere, i ol yaur campany or hm Signalure iotlicafes appmwl of thls tleslgn and data as is, P: 408-294-7446 F:408-294-7440 � ws�vm prasecute m� ,i�ii�.�i — antl cllent assumes tha responsiolllty otany anU all mcortect exl m o1�he law�o o�1i r. Info[rrallon shown In thla pmposaL Please revlew contenls � � carelullY. �,ci nvid'�zr.averair �BSIgfIQI': M.A�b18Y • Designer:M.Albiar nm r usco ia compl � �� - -� � �.h �_� location of existing ..�. �� { ° � ,�� monument sign. $` '` �� , L ,�� -' �,y Nothing is proposed for this � � _ ¢ ai � �„ , �� . f ��- a sign. . � � � x sry °�z 5 ..G.q�� f��4�� . � � ' � �` v� � R �`� � ' k 41��' "` ` NOTE: This is an existin �� 1 v�� Q � � �' '��Y g � � ��',�� `:.`�'� " �� '�,��'�'� '�� ` ��° `�° ` structure that was in place ��.� ,�. *�� r� � prior to the street widening. �9 ,,: � -� The sign's setback was k * �� , affected by the street ! ' M - - � widening. This sign has , � r � ^ .�.,� �: � ,�=��:�,� been in place since 1986. � �-' �d � ,. , . 4 � �'. 1 � �G'r �i � •��..e � � - - ` i . . ' �� "� - �• .".. �` 6 # � . f . . 4ti� �°� '�, �� '` � ` ty��, Size of Sign: 50.5"H x 84"w . �y� _ . ,�,�a �� '� ° � . �� :..�_ �s.'._ r ♦ .�9�i' �� 'i _ ! . _ - ' �� ` i�+ R� -- � -� �.��"d .. q � la� ' `� S' '' s:. 'wP ♦ .�� . � �. .,,.-- � .�� y��,�� '-�� 4 f� .- ^� ,� i�„ �:�a. ; �'+� � � y�, � �'` . �Y �F : � ��*s��",� , � - °'<< . .,_ � ;�� {. � �` " # � � : � � � �„ � ,� ��-, , b. 1': I� � ,�; T��k�,.� 4T * �nR. �� ,f��f,�7y�Y�.��,' .— rE' A �k . � •. Y� 4�sA� 4'' i' �� e y ! aa� ��. �iG,� ��'� y�ti k�i+�r:��+"�i_�� . . � `��.'. - . � .. EXISTING CONDITIONS / SIGNS INSTALLATION �� 1 nRR� N. De Anza Blvd. ne i m a � i Di�,�izi � NOTES: �� ,. �I DATE: DEC 3, 2015 Customer. Project Description RevisioNS; Cuslomer/Landlord Signalure and Date : �� Na Date Designer ,�aw�og�o compe�'�oq�� - 5�� CUPERTINO RICL—CUSTOM _ ompanies �unisdocu I i , �a ` I �❑ �� ■'7 H�TEL is necmad,tlo no�pnr r ;� � ` _'� a� � `�' ar dis!ribule to anyan — ol your company or�.inr. P: 408-294-7446 F: 408-294-7440 � S�gnamremaicatesappro�aioimisdes�gnanadataas�s, Wewillprosealemine!u — anticlien�assumestt2sponslbilityoldnyantlalllnCOrtECt QxleN0l�h¢Idwlo�rolrc � � inlormationshown7nthisVmWSaI.Pleaserevlewconlents carefully_ w0ikrfw¢�JiSCDVE�Ow i' � �@SIgI1Q�: �I1�.14�b181' • Designer:M.AI6ian c�i�r ised m cnmpl� ri��i n — - ,.. �..�-* - = .,,,,� a� �. � , � , ,- —_ ;� '�.k�! I � �� , ,� �,� �-- -� , _ �� !. .._----�—r— ,��..-� . � . .. _ —_ � { � , , �� '"'R" . - r ��_��/`� e,_��,�`�� `"�,�-�'`"�,� , � ; J �� ` \ ` j ``\ �}..� e ',=a. ��- _ , � "d �„q+'i ,T' }J�\ ,� � ,.r�' � �! � ��l,r� � � ,..� .:� "�., I;. . �b 7"'E , �. . _ ,� J'� ' �;�. , .� • � '� � ° � ^ . a' S �� R ♦ •� . �� 1.-�� .h t R �� ' ....' (_�1�.. � ° { � - x :.��1 t t sed �y . _ - _ ,, ' �-�±'�-. : �;: ` - : _.�. : ,- :. ��t ^� � _ -. Loca ion of propo sign _ _ . _ ___ ,� �` , , a'�, � 4 �,. �wc�� * �`�� i � � . � . �,. �'... � �� , _.� �� .. •� facing highway. � _ � -, „�,�"'-_�, ' -, �,��-� ,�, s . � A�` � . , Jo� - _ y �� . 1 � �'.. �� . � _ �� ` k' �'�� . �.. ,�, �- > �' ' �6- r _ �. , � �'�_ ?�_ �:': �^:. . .� i -�YS1 ,� ,•� ...-�'E. g ; 1 . �= �,� , _ � � �t �� ;; • � � �l ��. C�r-i •i ii;i� `,� � `, r ' �� :,.' '� 7� . � � ... �. ,, , c.M'�' '+c: i � '�' � � _ '-�. ��+�! �p.� '� r._: ��;;,1 �T_ .. . - \�_ '.. - � \ 1 4`'�� . � *e� � � `� �� ' '� '�� , / �4•.\ ,� ' • , *,� 1� � � � . �' !� ,- �:�. . � . � r �'. . � . ,� . . ' � . � _ - .� ,, 1. �G }. -�P, tJ�A�tc�� '1i��.�. ; �� /` ._ '� }+ -�..'�n � ,`}✓i .y y' 1'a.a `3t ` �-'�L �:. a \h�� . '�:'_ "� • +� t _ �'�' � '',�e'� \, '�.e• � ` " �¢'�','�� Vy_�,�i .. /��/�j� �t �"� � ''1 � I .I �� Y ��l . � � � �� I . T � r f _�� f ��\ � � --� -� ` �� t `�� = Existing sign to . . . � : .. p -� _ � 5 '��'�,� �,�, � � � �, � � � �� removed and repiaced , �`�..,,�e _, ' �, o. `'�� .� A ► �" � ,�� with new sign. > _ ��; ! .�.�"� �` _ � �' �,A � �c*` :� ,��. -� � Sign to remain the �� '�� °�.-�,_ ;,,4 S � �+' t..�,� r�- _ . _ �� " . , � same size as original. `� \ � .1,` �A �,�,.,,.,=-*' ' '�,' � , . � ' . � - , ° ,_ �� < , , _ f , .. ' __ _ _, ; . , � , ` � � t�� - - Location of existing monument ° ��, ��°` ' � � � ,j - _� � _ ' freestanding sign. . . , � _ .�_ ,_ � , j ,. ,� ; No changes are proposed. � . � �a�y� • p �� . I ;w f v �, �`A�� ' ,��•` A y �.t � i � � ..y � :�:� n - ' ` - s � � ' z,a � �� :� .-, . _ " � . . . P f,l -a. . ,fi _ �y � � ' � `: � .' : .. � �'�'°F (�\ll\�i , � G •� � �� ,..�. . . � . � .. ��.. wlJ . . � f 1 ' �. .: F ' �_�'.� ' .: n� � � .. �� .. . . . {� . �•• � -# al�' .� . . . ,l - .�:�: �� ._ . r$�"E ` _ _M _�.. .___ . �_ � EXISTING CONDITIONS / SIGNS INSTALLATION R�t�R�SS° 108�9 N. De Anza Blvtl. !„ , �„ , a NOTES: �� DATE: DEC 3, 2015 Customer: Project Description RevisioNS: Customer/Landlord Signature and Date = , ��,�� ,�� y� ❑ �❑ No. Date Designer � S�� — tlra��ing.o rompeCing,i i CUPERTINO RICL-CUSTOM campanies ��inis do .r� „ ■'� HOTEL �s secured,do no.onn � o�tllstribu�e to anyoi e.N E — of your company or hn ' S7gnaWfe7ntllce�esappmvdlofNlsdesl nantldalaasls, i� P: 408-284-7446 F: 408-294-7440 � — anU cllen�assumes�na aspons7bi�ity o eny ana a��Incorrem We wl II pmseeWe to t ;li I infarmalion shown in Ihis O�oposal.Pleas°review contents �xfen�a�Ihe I�w Io n n�r � � carefully. ^+o k u vc tllscovar o r r � i Designer: M.Albiar ❑ • Designer:M.Albiar bFi i s°� in compl.le i.F e ' / � i — , �� ,/ �— Existing freestanding sign. � I � I j Nothing is proposed for this _ _ r , sign. , l � 96' � ' �, , � ,�� f Existing sign to removed �� 182" � � ° �,' � � and replaced with new sign. �/ m ' Sign to remain the same size /, s � < as original. � •�� W O l = T �} �" � O w ,� a�;, . �- , N ; z I � � � � I , ` � � 6 � , ., ;�, ! �/ r� l �:. . . � � ��,.: � , f, _.� /' 18 _ _ir" ,' ! 'Y=. — / . 221' - % � ..��a�, _��:�E,,. __ --_`_ ` ;E��,�.R,. . – – _ _ � �, � � Y`�— j% - ��" `" ,e� - .s _. � � J~ p `KjER'''�P�E H��AY J ' . - �A , "�. �� f�'' _-- �WESt �uNO oN_ '' .. n SITE PLAN +,r �2 � = EXIStlllg Slgfl SITE PLAN INSTALLATION ADDRESS: 10889 N. De Anza Blvd. � t�i iu ��, NOTES: �� r' DATE: DEC 3, 2015 Customer: Project Description Revis�oNS: Cusiomer/landlortl Signature and Date � ' " � No. Date Deslgner :unia��rw i��on� � '�)�E�i t � .� drawing m campeling � � .� 5�� CUPERTINO RICL-CUSTOM _ companles umisdoiu ■'� HOTEL Is secured,do noi pn n - a tlistributelo anyon n — of your company ar f�i �� , P: 408-294-7446 F: 408-294-7440 � signam�eindua�esapomwionhisoesignanddaiaasls, Vyewillo:osecNeto �� ._ — anticllenlassumestheresponsi0iliryotanyanealllnoorreq c# nlol��efawlopm,,. � � in�orr�tionshownin�hisPmWSaI.Pleasereviewcontenls _ careluily. v:orkf,e�isco�ero�r�. I � i�� I Designer: M.Albiar • Designer:M.Albiar �e ic isec n romplu.d f� J � i.:., �ji � J � � � ' �J 4'' Q � �f)�dfilw6� a » m � � y � �p �c �' � a ._ p o rt u m < z �.. . . . . _ �; m �` > ,� o - ° � CarlisleWay Liil+ckUr 'a �ascade Ur �� y A m t_��, (.hP.YPRIIF l�f C J3f15h�fF wd'/ t$ � C '? yL} �� Uunfo°A 4Vay ,^�� v = ThF Call�.s P.vE - DUnhoime Way � r Ei�dirolt D* W' � C [ i C K C �� ° AlberW Ave - > .." - i]r'r%la�'ark � ',i?Iena CJr ' In�tCmess'P7ay 'I N .49 '�P ". � 9 _, y . � 3 �y ��o� o .. ¢ � 'Y v � � � � � c n x o' .'��.I � �ti � l: _"" I ':,nle Way d � �''omcste,,d Rd � � i ; � � ...�,:i .,,� �i � � ... .... i H ] ' Nci�dle?oitiAve (�Cupertino Inn _ I $737 � ��. � --�- - ��=�� "'-" - -Juni ero Serr � . .�r.-�y"`-- - - ._ —.-m � a�Wy H�IronGarden � ` ;o � , ��w Inn Cupertina � � $2$9 ti - �� . . a __ S. �i:. r r n F(rig„1,�; y � r : t � ' ,; _ u � i P.Aerri,(�� '£ �=J n ^ v� �� " S N G � � M � ?1 j � qG � a � n z ? u� a� � Cupertrno �� Vallco S�nappmc� Mall a ?'� . > > > = Alvec Dr ;� L'allco PkWy � Memn_{+at i rrk � .. N � � , :- L 7] C � �. L C � t.. �"n�;r_'reekBG�r St�•vensCre=kBlvd Cu�3i i�i��i.^ .r_.,�a.isCrPekBlvr� Sie.uisCic�kCSl,;�' .^1 . G ry� � �t .f. :� rn ��I � -' � n � -___r .. �— n , �o``�P c� � � .^ D � y . - _ n n L' T A q W' � � �'- � �'JE'.�+f'L�CO��F[�E '°� _ _ S � f O �'K � ... ._. . . VICINITY MAP INSTALLATION ��1I?!��c�� nRRQ N. De Anza Blvd. DATE: DEC 3, 2015 RevisioNS: Cuslomer/Landiord Sig�ature and Date �� 4� �,� .,, � NorES: �--� _� } �USt001Bf: PfOJ8C� �0SCfIpflOfl Ilswila,�W��Jiqnln ' ^ �' �� .� No. Date Designer daw�nq;o oo�npaen�� 5�� CUPERTINO RICL—CUSTOM _ companles �tmisdo�u ■•7 HOTEL is sewred,do no�pnm � o!dislribule lo anyoi e..ii — of your campany or mn , P: 4�8-,294-7446 F: 408-,294-744� � SigneWreiodlpresappmwlot�hlstlesignantlaataasis, yyewlllpmsecutetol :6c' � '. an�cllentassumes�herespOWi6ilityotanyandallinCOrtect extenlollllelaw�oorol� ' � � informationsnownininisPro�sal.Pleasereviewconlenls � ca�e�ull. u�ork d �P AISCOVm o i r�° i �QSIgOB�: M.A�b18Y • Designer:M.Albiar y ryr.0[ isr[I in compl�lea �. � . k-'��iM,°�"°"a �°'"�-•1 OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO,CA 95014-3255 (408)777-3308 • FAX(408)777-3333 • planning@cupertino.org CUPERTI�lVO PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 Agenda Date: August 9, 2016 SUBJECT: Consideration of an Ordinance of the City Council of the City of Cupertino regarding legal non-conforming single-family garages, and standards for bicycle parking and facilities (Application No. MCA-2016-02; Applicant: City of Cupertino; Location: City- wide). RECOMMENDATION Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council adopt the CEQA determinations and exemptions and further approve an ordinance amending Title 19, Chapter 19.124 Section 19.124.030 "Regulations for Parking and Keeping Vehicles in Various Zones" and Section 19.124.040 "Regulations for Off-Street Parking", regarding legal non-conforming single-family garages, and making standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan. (Attachmen� 1). DISCUSSION Background Periodically, language in the Municipal Code is reviewed to reflect current issues with development standards and to ensure consistency with other planning documents. The proposed amendment seeks to provide clarification on allowing modifications and improvements to legal non-conforming single-family garages, and to ensure that standards for bicycle parking and facilities are consistent with the City of Cupertino 2016 Bicycle Transportation Plan adopted on June 21, 2016. The following revisions to Chapter 19.124 Parking Regulations have been identified: MCA-2016-02 August 9,2016 Page 2 1. Section 19.124.030 "Regulations for Parking and Keeping Vehicles in Various Zones;" 2. Section 19.124.040 "Regulations for Off-Street Parking" (standards for bicycle parking and facilities). Analysis 1. Section 19.124.030 — Regulations for Parking and Keeping Vehicles in Various Zo nes Clarification of Planning Standard — The Municipal Code requires that conforming parking in a Single Family Residential zone be four (4) spaces per dwelling unit. This includes two (2) garage spaces with an interior dimension of 20'x20', and two (2) unenclosed spaces. Any existing enclosed space not meeting the minimum requirement, but which was allowed under zoning ordinances at the time of construction,is considered a "Legal Non-conforming Single Family Garage." Currently, the ordinance allows the nonconformity to continue provided that the square footage necessary to legalize the garage be reserved from the allowable floor area ratio for future garage upgrades. However, the Municipal Code does not permit these structures to be upgraded or altered, or they lose the non-conforming status. Many homes in the City were built before the current standards and have a single garage/carport, which was allowed at the time. The enforcement of this standard has created a hardship for many residents because they cannot alter or upgrade their one-car garage. As such, the modification proposes to allow legal non-conforming single-car garages/carports for existing homes to be substantially modified and/or rebuilt as long as they do not increase the non-conformity. New homes would be required to provide conforming parking spaces. 2. Section 19.124.040 "Regulations for Off-Street Parking" Consistency with City of Cupertino 2016 Bicycle Transportation Plan—On June 21, 2016, City Council approved the City of Cupertino 2016 Bicycle Transportation Plan. Bicycle parking location, quantities, and types are provided in Table 19.124.040(A). The proposed amendments revise the bicycle parking requirements to be consistent with the Bicycle Transportation Plan. In cases, where additional clarification was needed for specific uses in the Parking Ordinance, beyond that identified in the Transportation Plan, the Bicycle Transportation Plan consultants provided bicycle parking requirements consistent with best practices. No ticing The following noticing has been conducted for this project: MCA-2016-02 August 9,2016 Page 3 Notice of Public Hearing, Site Notice & Agenda Legal Ad ■ Legal ad placed in newspaper ■ Posted on the City's official notice (at least 10 days prior to hearing) bulletin board (five days prior to ■ Display ad placed in newspaper hearing) (at least 10 days prior to hearing) ■ Posted on the City of Cupertino's Web site ive da s prior to hearing) ENVIRONMENTAL IMPACT The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)because it can be seen with certainty to have no possibility of a significant effect on the environment but also not limited to Existing Facilities (Sec. 15301), Replacement or Reconstruction (Sec. 15302), or Construction or Conversion of Small Structures (Sec. 15303). NEXT STEPS The recommendations made by the Planning Commission will be forwarded to the City Council for consideration. Prepared by: Gian Paolo Martire, Associate Planner Reviewed by: Approved by: Benjamin Fu Aarti Shrivastava Assistant Director of Community Development Assistant City Manager ATTACHMENTS 1. Draft Resolution of the Planning Commission recommending adoption of the Draft Ordinance 2. Redline document indicating changes in Chapter 19.124 Attachment 1 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, CHAPTER 19.124 SECTION 19.124.030 "REGULATIONS FOR PARKING AND KEEPING VEHICLES IN VARIOUS ZONES" AND SECTION 19.124.040 "REGULATIONS FOR OFF-STREET PARKING", REGARDING LEGAL NON-CONFORMING SINGLE- FAMILY GARAGES, AND MAKING STANDARDS FOR PICYCLE PARKING AND FACILITIES CONSISTENT WITH THE CITY OF CUPERTINO 2016 BICYCLE TRANSPORTATION PLAN. The Planning Commission recommends Council adopt the California Environmental Quality Act (CEQA) determinations and exemptions and further approve the proposed Ordinance in substantially the form as shown in Exhibit "A" attached hereto and entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, CHAPTER 19.124 SECTION 19.124.030 "REGULATIONS FOR PARKING AND KEEPING VEHICLES IN VARIOUS ZONES" AND SECTION 19.124.040 "REGULATIONS FOR OFF-STREET PARKING", REGARDING LEGAL NON-CONFORMING SINGLE- FAMILY GARAGES, AND MAKING STANDARDS FOR BICYCLE PARKING AND FACILITIES CONSISTENT WITH THE CITY OF CUPERTINO 2016 BICYCLE TRANSPORTATION PLAN ADOPTED. PASSED AND ADOPTED this 9th day of August 2016, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Ben Fu Alan Takahashi, Chair Assist. Community Development Director Planning Commission EXHIBIT "A" Draft Ordinance No. 16-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, CHAPTER 19.124 SECTION 19.124.030 "REGULATIONS FOR PARKING AND KEEPING VEHICLES IN VARIOUS ZONES" AND SECTION 19.124.040 "REGULATIONS FOR OFF-STREET PARKING", REGARDING LEGAL NON-CONFORMING SINGLE-FAMILY GARAGES, AND MAKING STANDARDS FOR BICYCLE PARKING AND FACILITIES CONSISTENT WITH THE CITY OF CUPERTINO 2016 BICYCLE TRANSPORTATION PLAN. WHEREAS, this Ordinance is determined to be not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA") in that proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. WHEREAS, the City Council is the decision-making body for this Ordinance; and WHEREAS, the City Council before taking action on this Ordinance has reviewed the not a project determination and exemption, and using its independent judgment, determines the Ordinance to be not a project or exempt from CEQA as stated above; NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Table 19.124.030A of Section 19.124.30 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19.124.030A-Regulations for Parking and Keeping Vehicles in Various Zones Front yard,Street side setback area or within 12 feet of a Vehicles may be placed,kept or parked in these 1. public right-of-way in a rear areas subject to the restrictions below. ardarea i. Residential zoning district requiring a lot size <_10,000 square feet=four. ii. Other residential zoning districts=six. iii. A greater number of vehicles may be approved by the City in conjunction with a development permit. iv. For purposes of counting vehicles, vertically stacked components which belong a. Maximum Number of Vehicles together shall be counted as a single vehicle. E.g.,a camper mounted on a pickup truck. v. Horizontal groupings shall be counted as twovehicles. Open vehicles containing trash or debris are b. Vehicle with trash or debris rohibited. No portion of any vehicle may overhang any c. Overhang ublic ri ht-of-wa . Table 19.124.030A-Regulations for Parking and Keeping Vehicles in Various Zones(Cont.) Front yard,Street side setback 1 area or within 12 feet of a Vehicles may be placed,kept or parked in these (Cont.) public right-of-way in a rear areas subject to the restrictions below. ardarea i. All vehicles must be parked on a permanent impervious or semi-pervious surface. ii. Semi-pervious surfaces include unit pavers, turf block,brick, cobbles, gravel or other like materials that must allow for partial filtration of water and must prevent direct contact withsoil. d. Parking pad materials iii. Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. i. Lots>60 feet in width,maximum impervious area=40%of front yard area. Front yard Impervious Area ii. Lots<_60 feet in width,maximum e. Limitation im ervious area=50%of front ard area. i. Vehicles must be either currently registered,where registration is required for f. Registration/PNO required legal operation and in good operating conditions or ii. Vehicles must have a planned non- operation permit on file with the Department of Motor Vehicles i. Lots<_150 feet in length,driveway Driveway width for detached width=10feet g� garage or carport ii. Lots>150 feet in len th,drivewa width=12feet In new residential development, driveways shall h. Driveway clearance have a minimum clearance of two feet from a buildin wall,fence,or ro ert line. i. All vehicles parked in the front or street yard setback area must be parked perpendicular to the street, except on lots with circular driveways which conform to the provisions of this code. ii. On lots with circular driveways which conform to the provisions of this code, all vehicles i. Orientation of Parked Vehicles parked in the front or street side yard setback area are limited to less than twenty feet in length,unless arked er endicular to the street. The following vehicles are not permitted: i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten Commercial Vehicles with thousand pounds or more, GVW>10,000 pounds or ii. A total combination of motar truck,truck �� more ar oversize vehicles tractor and/or trailers that exceeds sixty feet in len th. Vehicles may be placed,kept or parked these areas, 2. Areas outside those in A(1)above provided a minimum clearance of three feet is maintained from an structure. Table 19.124.030A-Regulations for Parking and Keeping Vehicles in Various Zones(Cont.) Vehicles are permitted to be placed,kept or 3. ParkingwithinStructures parked in any legal structure,provided that A(4)(ii)ismet. i. A maximum of two such vehicles are permitted to be placed,kept or parked outside a legal structure on a lot. 4. Non-Self-Propelled Vehicles ii. A maximum of one such vehicle can occupy a re uired arkin s ace inside a le al structure. i. Shall consist an internal area encompassing two parking spaces measuring ten feet by twenty feet each(a total of 20 feet by 20 feet) 5. Enclosed Garage Size and ii. Shall provide unobstructed(i.e.,by walls, appliances,etc.)between six inches from finished floor u to six feet from finished floor. i. May continue nonconformity provided that the square footage necessary to Legal Non-conforming accommodate a conforming garage be 6 Single-Family Dwelling reserved from the allowable floor area Garages ratio for a future garage upgrade. ii. A le al non-conformin arkin facilit may be structurally altered,improved, and/or enlarged in conformance with other provisions of this code.No reduction in size is ermitted. Mobilehomes,excluding travel trailers, are not permitted within the residential zones of the City, 7. Mobilehomes except in a mobilehome park or as provided by State law. No vehicle shall be used for living or sleeping 8. Living or Sleeping Quarters uarters,exce t as ermitted below. Vehicles located in a mobilehome park and used consistent with any City regulations applicable a. Mobilehome park to mobilehome arks are ermitted. Trailers,campers or recreational vehicles may be used by a bona fide guest of a City resident for a Trailers,Campers or period not to exceed seventy-two hours where the b• Recreational Vehicles trailer, camper or recreational vehicle is located on the resident's ro ert . SECTION 2. Table 19.124.040 (A) of Section 19.124.040 of Chapter 19.124 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: Table 19.124.040(A) Bicycle Stall Parking Bicycle Parking Dimensions LandUse Zones �2� Ratio Parking Class�4� (3) Residential R-1/R 4/DU(2 Single-Family HS/ garage+2 10 x 20 ea. Al/P o en) Small Lot 2.8/DU (2 Single-family, P garage 10 x 20 ea. Townhouse +0.8 o en) 3/DU (11/z Duplex R2 enclosed+ 10 x 20 ea. 1 i/z o en) High Density 1 space per 9.5 x 20 ea. Multiple-Family, 2 residential Class I R3/P 2�DU(1 covered units;and High Density +1 open) Multiple Story 1 space per Class II Condominium 10 residential units Public/Quasi-Publi c/Agri culture 1/4 seats +1/employee 2%of seats. Churches,Clubs, +1/special- Minimum Class II Lodges,Theaters BQ/CG purpose two spaces Uni-size vehicle 1/employee+ 1/56 sq. ft. multipurpose room+8 visitor 1 space per Schools and spaces/school 5 students Class II SchoolOffices BA/BQ +1/3 students Uni-size at senior H.S. or college level Da careCenters CG 1/6.5students Uni-size Martial Arts,CG Dance/Art/Music Studios, Tutorial 1/4 students Services, plus 1/1 staff specialized at any given Uni-size schools (doesnot time or 1/250 1 space include adult CG whichever is per 5 Class II tutorial schools more students or services) restrictive Agriculture A 2 garage+2 10 x 20 ea. o en 1/doctor Sanitariumsand +1/3 RestHomes BQ employees Uni-size +1/6 beds Table 19.124.040(A) (Cont.) Bicycle Parking Bicycle Parking Stall LandUse Zones Ratio�2� Parking (4) Dimensions (3) Class 1/4 seats+ 1/5,000 sq.ft. Private Recreation FP 1/employee Minimum Class II Uni-size two s aces Gyms, 1/56 sq.ft. 1/5,000 sq.ft. Class II Auditoriums, purposes+ Minimum floor area used 1/employee two spaces Skating Rinks for BA/BQ Uni-size seating without fixedseats Commercial 1/20,000 Motels/Hotels/ 1/unit CG 1/employee(2) sq.ft. Class II Uni-size Lodging �3� Minimum two spaces. 1/3 seats+ 1/2,000 sq.ft. Restaurant/Bar and 1/employee+ 1/36 s ft. of Minimum Nightclubs CG q• Class II Uni-size dance floor two spaces 1/4 seats+ 1/2,000 sq.ft. Restaurants without 1/employee+ Minimum Separate Bar CG 1/36 sq.ft. of two spaces Class II Uni-size dance floor 1/3 seats+ 1/2,000 sq.ft. Restaurant-Fast CG 1/employee Minimum Class II Uni-size Food two s aces 1/3 seats or 1/2,000 sq.ft. 1/250 sq.ft. Minimum Uni-size SpecialtyFoods CG whichever is two spaces Class II more 7/lane+ 1/5,000 sq.ft. BowlingAlleys CG 1/employee Minimum Class II Uni-size two s aces 1/1,250 sq.ft. up to 25,000 sq.ft. 1/2,500 sq.ft. between 25,000— 50,000 sq.ft. General CG 1/250 sq.ft. Class II Uni-size 1/5,000 sq.ft. over 50,000 sq.ft. 1/5,000 sq.ft. Bulky Merchandise (5) Industrial 1/12,000 Manufacturing ML 1/450 sq.ft. sq.ft. Class I Uni-size Minimum two s aces 1/12,000 Office/Prototype sq.ft. Manufacturing ML/OA 1/285 sq.ft. Minimum Class I Uni-size two s aces Office 1/1,250 Corporate/ CG/OP 1/285 sq.ft. sq.ft. or 1/15 Class I Uni-size Administrative/ employees, General whichever is Multi-Tenant more restrictive. Medical and 1/1,250 sq.ft. Class II Dental Office CG 1/175 sq.ft. Uni-size Notes: 1. Refer to Table 19.124.040(B)for uni-size stall dimensions. 2. Refer to standard details table for requirements for handicapped parking. 3. See 19.124.040(J)for stall dimensions in parking structures. 4. See 19.124.040(P)for description of bicycle parking classes. 5. Retail space devoted to the handling of bulky merchandise such as motor vehicles, machinery or furniture, excluding grocery stores. SECTION 3: Severabilit�. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. SECTION 4: E f fective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 5: Certifica tio n. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. SECTION 6: Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. INTRODUCED at a regular meeting of the Cupertino City Council the day of 2016 and ENACTED at a regular meeting of the Cupertino City Council on this of 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor of the City of Cupertino CHAPTER 19.124: PARKING REGULATIONS Section 19.124.010 Purpose. 19.124.020 Applicability of regulations. 19.124.030 Regulations for parking and keeping vehicles in various zones. 19.124.040 Regulations for off-street parking. 19.124.050 Exceptions—Approval authority. 19.124.060 Exceptions—Findings. [Sections 19.124.010 —19.124.20—No Change] 19.124.30 Regulations for Parking and Keeping Vehicles in Various Zones. A. Table 19.124.030A sets forth the rules and regulations that pertain to Vehicles Permitted in Residential Zones. Table 19.124.030A-Regulations for Parking and Keeping Vehicles in Various Zones Front yard,Street side setback area or within 12 feet Vehicles may be placed,kept or parked in 1. of a public right-of-way in a these areas subject to the restrictions below. rear yardarea i. Residential zoning district requiring a lot size<_10,000 square feet=four. ii. Other residential zoning districts=six. iii. A greater number of vehicles may be approved by the City in conjunction with a development permit. iv. For purposes of counting vehicles, vertically stacked components which belong a. Maximum Number of Vehicles together shall be counted as a single vehicle. E.g., a camper mounted on a pickup truck. v. Horizontal groupings shall be counted as twovehicles. Open vehicles containing trash or debris are b. Vehicle with trash or debris rohibited. No portion of any vehicle may overhang any c. Overhang ublic ri ht-of-wa . Table 19.124.030A-Regulations for Parking and Keeping Vehicles in Various Zones(Cont.) 1 Front yard,Street side Vehicles ma be laced, ke t or arked in (Cont.) setback area or within 12 feet these areas subject to the restrictions below. of a public right-of-way in a rear yardarea i. All vehicles must be parked on a permanent impervious or semi-pervious surface. ii. Semi-pervious surfaces include unit pavers,turf block,brick, cobbles, gravel or other like materials that must allow for partial filtration of water and must prevent direct contact with d. Parking pad materials soil. iii. Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. i. Lots>60 feet in width, maximum impervious area=40%of front yard area. Front yard Impervious Area ii. Lots<_60 feet in width, maximum e. Limitation im ervious area=50%of front yard area. i. Vehicles must be either currently registered, where registration is required for legal operation and in good operating f. Registration/PNO required conditions or ii. Vehicles must have a planned non- operation permit on file with the Department of Motor Vehicles i. Lots<_150 feet in length,driveway Driveway width for detached width= 10feet g• garage or carport ii. Lots>150 feet in length,driveway width= 12feet In new residential development, driveways h. Driveway clearance shall have a minimum clearance of two feet from a buildin wall,fence,or ro erty line. i. All vehicles parked in the front or street yard setback area must be parked perpendicular to the street,except on lots with circular driveways which conform to the provisions of this code. ii. On lots with circular driveways which conform to the provisions of this code, all i. Orientation of Parked Vehicles vehicles parked in the front or street side yard setback area are limited to less than twenty feet in len th,unless arked er endicular to the street. The following vehicles are not permitted: i. Any commercial vehicle with a Commercial Vehicles manufacturer's gross vehicle weight rating of ten j. with GV W> 10,000 thousand ounds or more, pounds or more or ii. A total combination of motor truck, truck oversize vehicles tractor and/or trailers that exceeds sixty feet in length. Vehicles may be placed,kept or parked these 2. Areas outside those in A(1) areas,provided a minimum clearance of three feet above is maintained from an structure. I Table 19.124.030A-Regulations for Parking and Keeping Vehicles in Various Zones(Cont.) Vehicles are permitted to be placed,kept or 3. ParkingwithinStructures parked in any legal structure,provided that A(4)(ii) ismet. i. A maximum of two such vehicles are permitted to be placed,kept or parked outside a legal structure on a lot. 4. Non-Self-Propelled Vehicles ii. A maximum of one such vehicle can occupy a required parking space inside a legal structure. i. Shall consist an internal area encompassing two parking spaces measuring ten feet by twenty 5. Enclosed Garage Size feet each(a total of 20 feet by 20 feet) and ii. Shall provide unobstructed (i.e.,by walls, appliances,etc.)between six inches from finished floor u to six feet from finished floor. i. May continue nonconformity provided that the square footage necessary to '^^^'��^ �'�^ accommodate a conformin� _o--- -- garage h.,�„a �r +�,;� �,,,.+;,,,, „�+�,,, ^ra��be reserved from the Z O Legal Non-conforming allowable floor area ratio for a future � 6 Single-Family Dwelling garage upgrade. U Garages rii. A legal non-conformin�arking facilit� � mav be structurally altered,im�roved, � and/or enlarged in conformance with '� U other provisions of this code.No reduction in size is ermitted. Mobilehomes, excluding travel trailers, are not permitted within the residential zones of the 7. Mobilehomes City,except in a mobilehome park or as rovided b State law. No vehicle shall be used for living or sleeping 8. Living or Sleeping Quarters uarters,exce t as ermitted below. Vehicles located in a mobilehome park and used consistent with any City regulations applicable a. Mobilehome park to mobilehome arks are ermitted. Trailers,campers or recreational vehicles may be used b a bona fide uest of a Cit resident for a b. period not to exceed seventy-two hours where the Trailers,Campers or trailer, camper or recreational vehicle is located on Recreational Vehicles the resident's property. [Sections 19.124.030(B)—19.124.040(R)—No Change] Table 19.124.040(A) Bicycle Stall Parking Bicycle Parking Dimensions Land Use Zones �2� Ratio Parking Class�4� (3) Residential R-1/R 4/DU (2 Single-Family HS/ garage+2 10 x 20 ea. A1/P o en) Small Lot 2.8/DU (2 Single-family, P garage 10 x 20 ea. Townhouse +0.8 open) 3/DU (11/z enclosed Duplex R2 +11h 10 x 20 ea. o en) 1^�e€ a �s 1 U � High Density space�er 2 Class I� U Multiple-Family, residential � High Density R3/P 2�DU (1 covered units;and 9.5 x 20 ea. H +1 open) � Multiple Story 1 s�ace per � Condominium 10 Class II U Z residential � units �, �" � Public/Quasi-Public/Agriculture � � 1/4 seats Z � O � +1/employee 2%of seats. U � Churches,Clubs, +1/special- Minimum Class II Lodges,Theaters BQ/CG purpose two spaces Uni-size vehicle 1/employee+ 1/56 sq. ft. multipurpose I 1 space per room+8 Class II Schools and visitor 5 students SchoolOffices BA�BQ spaces/school Uni-size +1/3 students at senior H.S. or college level DaycareCenters CG 1/6.5students Uni-size w Martial Arts,CG ,� Dance/Art/Music U � Studios, Tutorial 1/4 students U Services, plus 1/1 staff 1 space � specialized at any given per 5 Uni-size H schools (doesnot time or 1/250 students � include adult CG whichever is �-a� Class II U � tutorial schools more �e orservices) restrictive � �, �" 2 garage+2 � �, Agriculture A 10 x 20 ea. Z � o en � 1/doctor O � Sanitariumsand +1/3 RestHomes BQ employees Uni-size +1/6 beds I Table 19.124.040(A) (Cont.) Bicycle Parking Bicycle Parking Stall Land Use Zones Ratio�2� Parking (4) Dimensions (3) Class 1/4 seats+ 1/5,000 sc�.ft. Private Recreation FP 1/employee Minimum Class II Uni-size two spaces Gyms, Auditoriums, floor area used 1/56 sq. ft. 1/5,000 sq.ft. W Skating Rinks purposes+ Minimum Class II U for seating BA�BQ 1/employee two spaces Uni-size U without fixed �q seats � Commercial '—' �-e�-a�-�a � u z Motels/Hotels/ 1/unit �g Z a Lod in CG 1/employee(2) 1/20,000 sq.ft. Class II Uni-size � � g g (3) Minimum � W two s aces. Z � 1/2,000 sq.ft. O � 1/3 seats+ U � 1/employee+ Minimum Restaurant/Bar and two Nightclubs CG 1/36 sq. ft. of Spaces -�� C1assII Uni-size TJ%�PL dance floor �l�g 1/4 seats+ 1/2,000 sc�.ft. 1/employee+ Minimum Restaurants without two Separate Bar CG 1/36 sq. ft. of Spaces -�� Class II Uni-size dance floor r��r 1/2,000 sc�.ft. 1/3 seats+ Minimum Restaurant-Fast two Food CG 1/employee 5�1�� Class II Uni-size U �� ?� 1/2,000 s ft. U 1/3 seats or �� Minimum x 1/250 sq. ft. tWO Uni-size � SpecialtyFoods CG Whichever is s acesl�� Class II � more U � 1/5,000 sc�.ft W � 7/lane+ Minimum � W BowlingAlleys CG 1/employee s acesl�� Class II Uni-size Z � � �� O � �G�i ,.c ,�„ � � 1/1,250 sc�.ft. up to 25,000 sqTft• 1/2,500 sq.ft. between 25,000— General CG 1/250 sq.ft. 50,000 sq.ft. Class II Uni-size 1/5,000 sc�.ft. over 50,000 sqTft. 1/5,000 sq.ft. Bulkv Merchandise � Industrial 1/12,000 sc�.ft. Manufacturing ML 1/450 sq.ft. Wi�imum Class I Uni-size SpdCesl��°%-^vr� 1�12,��SC�.ft. Office/Prototype Minimum Manufacturing ML/OA 1/285 sq.ft. tW� Class I Uni-size spaces �° Office i G o% ,.F ,+,. �s�o—vni=crcv CG/OP 1/285 sq.ft. �1 1 25 Class I Uni-size Corporate/ 0 sc�.ft. or Administrative/ 1 15 General emplo�ees, Multi-Tenant whichever is more restrictive. Medical and 1/1,250 sy.ft. Class II Dental CG 1/175 sq.ft. Uni-size Office Notes: 1. Refer to Table 19.124.040(B)for uni-size stall dimensions. 2. Refer to standard details table for requirements for handicapped parking. 3. See 19.124.040(J)for stall dimensions in parking structures. 4. See 19.124.040(P)for description of bicycle parking classes. 5. Retail space devoted to the handling of bulk�merchandise such as motor vehicles,machinerV or furniture, excludin� rg ocer�stores. [Table 19.124.040(B)—Section 19.124.060—No Change]