PC Packet 10-25-2016 CITY OF CUPERTINO
AGENDA
������T��"� PLANNING COMMISSION
10350 Torre Avenue, Council Chamber
Tuesday, October 25, 2016
6:45 PM
SALUTE TO THE FLAG
ROLL CALL
APPROVAL OF MINUTES
1. Subj ect: Draft Minutes of October 11, 2016
Recommended Action: Approve or modify Draft Minutes of October 1 l, 2016
Draft Minutes of October 11,2016
WRITTEN COMMUNICATIONS
POSTPONEMENTS/REMOVAL FROM CALENDAR
ORAL COMMUNICATIONS
This po�tion of the meeting is �ese�^ved fo� pe�sons wishing to add�ess the Commission
on any matte� not on the agenda. Speake�s a�e limited to th�ee (3) minutes. In most
cases, State law will p�ohibit the Commission f�om making any decisions with �espect to
a matte�not on the agenda.
CONSENT CALENDAR
PUBLIC HEARING
2. Subject: Municipal Code Amendments to amend Chapter 8.07, Beekeeping, and
Table 19.20.020 of Chapter 19.20 Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones regarding the regulation, location, and the
keeping of bees in the City and to make other conforming changes in Table
19.20.020 for consistency. Application No(s): MCA-2016-03; Applicant(s): City
of Cupertino; Location: Citywide
CTI'YOF CUPEffiINO Page 1
Planning Commission AGENDA October 25,2016
Recommended Action: 1) Find that the proposed actions are exempt from CEQA;
2) Recommend that the Planning Commission adopt the draft resolution
recommedning the City Council introduce and adopt "An Ordinance to amend
Chapter 8.07, Beekeeping, and Table 19.20.020 of Chapter 19.20 Permitted,
Conditional and Excluded Uses in Agricultural and Residential Zones regarding the
regulation, location, and the keeping of bees in the City and to make other
conforming changes in Table 1920.020 for consistency."
Tentative City Council hearing date: November 15, 2016
Staff Report
1 -Draft Resolution
2 -Redlined Ordinances
3 -Endan�ered Hawaiian Bees
4 -Beekeepin� Ordinance Comparison Chart
5 -E-mail Correspondence
3. Subj ect: Municipal Code Amendments to various Chapters in Title 19, Zoning,
of the Cupertino Municipal Code including but not limited to Chapter 19.08
(Definitions), Chapter 19.20 (Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones), Chapter 19.24 (Agricultural (A) and
Agricultural - Residential (A-1) Zones), Chapter 19.32 (Residential Duplex (R-2)
Zones), Chapter 19.52 (Reasonable Accommodation), Chapter 19.112 (Second
Dwelling Units in R-1, RHS, A and A-1 Zones), and 19.124 (Parking
Regulations) in response to recently adopted State legislation regarding accessory
dwelling units for compliance with State Law, and for internal consistency. The
amendments will apply citywide. Application No(s): MCA-2016-05;
Applicant(s): City of Cupertino; Location: Citywide
Recommended Action: 1) Find that the proposed actions are exempt from CEQA;
2) Recommend that the City Council approve amendments to Chapter 19.08
(Definitions), Chapter 19.20 (Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones), Chapter 19.24 (Agricultural (A) and
Agricultural - Residential (A-1) Zones), Chapter 19.32 (Residential Duplex (R-2)
Zones), Chapter 19.52 (Reasonable Accommodation), Chapter 19.112 (Second
Dwelling Units in R-1, RHS, A and A-1 Zones), and 19.124 (Parking Regulations)
per the draft resolution
Tentative City Council hearing date: November 15, 2016
Staff Report
1-Draft Resolution
2 -Redline Chan�es -ADU Ordinance
CTI'YOF CUPEffiINO Page 2
Planning Commission AGENDA October 25,2016
OLD BUSINESS
NEW BUSINESS
REPORT OF THE PLANNING COMMISSION
Envi�onrnental Review Cornrnittee
Housing Cornrnission
Mayo�'s Monthly Meeting with Cornrnissione�s
Econornic Developrnent Cornrnittee Meeting
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
ADJOURNMENT
CTI'YOF CUPEffiINO Page 3
Planning Commission AGENDA October 25,2016
If you challenge the action of the Planning Commission in cou�t, you may be limited to
�aising only those issues you o� someone else �aised at the public hea�ing desc�ibed in
this agenda, o� in w�itten co��espondence delive�ed to the City of Cupe�tino at, o� p�io�
to, the public hea�ing. In the event an action taken by the planning Commission is
deemed objectionable, the matte� may be o�cially appealed to the City Council in
w�iting within fou�teen (14) days of the date of the Commission's decision. Said appeal
is filed with the City Cle�k(O�dinance 632).
In compliance with the Ame�icans with Disabilities Act (ADA), anyone who is planning
to attend the next Planning Commission meeting who is visually o� hea�ing impai�ed o�
has any disability that needs special assistance should call the City Cle�k's O�ce at
408-777-3223, 48 hou�s in advance of the meeting to a��ange fo� assistance. Upon
�equest, in advance, by a pe�son with a disability, Planning Commission meeting
agendas and w�itings dist�ibuted fo� the meeting that a�e public �eco�ds will be made
available in the app�op�iate alte�native fo�mat. Also upon �equest, in advance, an
assistive listening device can be made available fo�use du�ing the meeting.
Any w�itings o� documents p�ovided to a majo�ity of the Planning Commission afte�
publication of the packet will be made available fo� public inspection in the Community
Development Depa�tment located at City Hall, 10300 To��e Avenue, du�ing no�mal
business hou�s and in Planning packet a�chives linked f�om the agenda/minutes page
on the Cupe�tino web site.
Membe�s of the public a�e entitled to add�ess the Planning Commission conce�ning any
item that is desc�ibed in the notice o� agenda fo� this meeting, befo�e o� du�ing
conside�ation of that item. If you wish to add�ess the Planning Commission on any issue
that is on this agenda, please complete a speake� �equest ca�d located in f�ont of the
Commission, and delive� it to the City Staff p�io� to discussion of the item. When you
a�e called, p�oceed to the podium and the Chai� will �ecognize you. If you wish to
add�ess the Planning Commission on any othe� item not on the agenda, you may do so
by du�ing the public comment po�tion of the meeting following the same p�ocedu�e
desc�ibed above. Please limit you� comments to th�ee (3) minutes o� less. Please note
that Planning Commission policy is to allow an applicant and g�oups to speak fo� 10
minutes and individuals to speakfo�3 minutes.
Fo� questions on any items in the agenda, o� fo� documents �elated to any of the items
on the agenda, contact the Planning Depa�tment at (408) 777 3308 0�
planning(a�cupe�tino.o�g.
CTI'Y OF CUPEffiINO Page 4
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
DRAFT MINUTES
6:45 P.M. OCTOBER 11,2016 TUESDAY
CITY COUNCIL CHAMBERS
The regular Planning Commission meeting of October 11, 2016, was called to order at 6:45 p.m. in the
Cupertino Council Chambers, 10350 Torre Avenue, Cupertino, CA. by Chairperson Alan Takahashi.
SALUTE TO THE FLAG
ROLL CALL
Commissioners Present Chairperson: Alan Takahashi
Vice Chairperson: Margaret Gong
Commissioner: Geoff Paulsen
Commissioner: Winnie Lee
Commissioners Absent Commissioner: Don Sun
Staff Present Assistant Community Development Director: Benjamin Fu
Assistant to City Manager: Jaqui Guzman
Assistant City Attorney: Colleen Winchester
APPROVAL OF MINUTES: None
ORAL COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR None
WRITTEN COMMUNICATIONS: There were two written communications relative to Item 1.
CONSENT CALENDAR None
PUBLIC HEARING
1. MCA-2016-04 Consider amendments to Chapter 19.08, Definitions of the Municipal
City of Cupertino Code to add definitions of"financial institutions"and"banks"that
Citywide location expressly exclude payday lending and check cashing businesses with the
intent to disallow such uses from operating with the City of Cupertino.
Jaqui Guzman,Assistant to the City Manager,presented the staff report:
• Reviewed two types ofpredatory lending;first is payday loans which are small short-term loans,usually
14 day loans with extremely high fees. Often times the effective interest rate is upwards of 360%per
year. Check cashing businesses cash checks for a high fee, a significant percent of the check amount
or they deposit the funds into prepaid debit cards that ha�e per-transaction fees. The fees are
significantly higher than would be charged at a federally insured bank.
Cupertino Planning Commission 2 October 11, 2016
• Often they cannot repay that loan, and have to rollover that loan, pay an additional $45 fee and the
cycle continues. What is known is typical borrowers take out a loan eight times, once they take one
out which is a fee of 120%for that$300 loan;it is significant and traps people into the cycle. Currently
there are state regulations and federal government regulations,the state caps the individual payday loan
at $300 with a 15%interest cap; but it is $45 for a two-week $300 loan; which is very significant. If
they go down the cycle of not being able to pay it, that percentage increases and increases until you
ha�e 360% annually.The federal government does impose a cap on interest rates but only for members
of the armed forces; other consumers are not protected. The Coalition Against Payday Predatory
Lending (CAPP) represent over 40 community based organizations and they advocate for local
restrictions on predatory lenders. Local cities that ha�e taken action are Campbell, Gilroy, Los Altos,
Morgan Hill, Sunnyvale, San Jose, as well as the County. On September 20t''the City Council adopted
an urgency ordinance,it was a moratorium on the establishments, expansion and relocation of payday
lenders and check cashing businesses which will expire on November 4�'. Currently the city's zoning
code allows for these businesses under banking and financial institutions,which terms are not defined
in the city's code and there has in the past been a payday loan business in the city of Cupertino, but
they are no longer operating. Currently the city has no payday lenders operating in the city.
• Said they are requesting to add the definition for financial institutions and banks that expressly excludes
payday lenders and check cashers. They feel now is the right time to do it since they do not ha�e any
of these businesses operating in the city and there would be no adverse effect. Alternatives for
consumers needing these types of emergency loans include non-profit that provide emergency cash
assistance for these types of emergencies,such as cash assistance,housing assistance,credit unions that
offer low interest loans, from 8% to 15% annualized,not two week loans; and non-profits that provide
financial literacy,making people aware that there are better ways to deal with the emergency situations
and also to prepare for emergency situations should one arise.
• She answered questions about the history of the payday loan and check cashing businesses, which
operated in Cupertino from 2005 to 2009, and the various organizations that could provide emergency
cash assistance or housing assistance in Cupertino. Most of the data collected for the presentation was
collected by CAPP and studies ha�e been conducted.
Melissa Morris,Law Foundation of Silicon Valiey:
• Said that most of the data provided to staff comes from the Dept. of Business Oversight's latest annual
report on payday lenders which is the state agency that oversees payday lenders. There has been a lot
of community outreach from non-profit agencies and social services agencies to inform the residents
of Cupertino what predatory lending is and the alternatives available. The senior center also connects
people with West Valley Community Services when they are aware of the emergency situations. City
staff is also aware of the services that are provided;and direct people in need to the appropriate agencies
for assistance
Ana Rosa Comancho,United Way Bay Area:
• Said she has been providing financial education classes through Santa Clara County for 5 years and the
CAPP Coalition for 3 years; their focus is to educate the community about the harms payday lending.
They also provide a helpline and can speak with her about the alternatives and budgeting and 211 where
people can call for services, and based on their residence zip code are referred to services. Anything
connected to payday loans is referred to her. There are no income qualifications related to services
provided. Phone numberprovided: 408-634-9343 always open to teaching classes,many times through
the libraries, different locations monthly or quarterly or twice a year.
Vice Chair Gong:
• Said the draft resolution includes payday lenders and cash checking businesses; it seems there is a
potential for a loophole with the title lenders and the other fringe financial service establishments; if
the other two were added,would it close the whole loop and keep out any potential businesses that try
Cupertino Planning Commission 3 October 11, 2016
to come under a different definition?
Jaqui Guzman:
• Said they could look into the title lender issue to see if they would qualify under the current language
because they ha�e been seen coming up but they operate again,like the payday loan operator; staff will
check with the city attorney's office.
Vice Chair Gong:
• Said she would propose they specify in the draft resolution to not just include the payday lenders, cash
checking,but also the other two.
Chair Takahashi:
• Said there is potential for so much equity;there could be low income seniors who live in Cupertino and
ha�e large equity to borrow against, but if they were fixed income it might potentially snowbalL He
said he agreed it is something that staff should look into.
Jaqui Guzman:
• Said with respect to this particular ordinance,what they ha�e noticed is the check cashing and the ban
on the payday loans; expanding the definition might not have provided adequate notice for purposes of
including the title, the title notes. However that is something they can look at and see if they have to
come back to the Planning Commission for that particular piece and amend the ordinance later to cover
those specific types of institutions, specifically title lenders, and reverse mortgage.
Vice Chair Gong:
• In the CAPP report the two are not included and could be seen as potential loopholes which are the title
lenders and other fringe financial services establishments. Perhaps the Commission could recommend
that to Council to add.
Chair Takahashi opened the public hearing.
Melissa Morris,Attorney,Law Foundation of Silicon Valiey:
• The Law Foundation is one among many member organizations of the Coalition Against Payday
Predators which includes West Valley Community Services, United Way of the Bay Area, California
Reinvestment Coalition and a number of other organizations not present.
• She thanked staff for their hard work; appreciated their careful and thoughtful approach to putting
together an ordinance recommendation and the speed which they moved forward since going to Council
in September.
• Payday loans are a form of loan that is advertised as a short term loan for emergencies,but it is not the
way it gets used;64%of the total fees in California charged by payday lenders are charged to borrowers
who take out 7 loans or more. There are more payday loan borrowers who take out 10 loans or more
per year than take out one loan a year, so it is not a product being used for one-time emergencies. It is
being used in many cases to address long-term income shortfalls but instead of addressing that shortfall,
it just drives borrowers deeper and deeper into debt. Of the repeat borrowers in California,nearly 50%
took out their second loan the same day they paid off their prior one. Even though rollovers of loans
are technically prohibited, what happens is the borrower pays off the loan and takes a new loan the
same day because once they pay off their loan they don't have enough money to pay their rent,
groceries, or child care. The a�erage annual percentage rate for a payday loan in California amortized
the way other loans are,is 366%. It is an incredibly expensive loan and although cities are preempted
by state law from limiting the interest rate from capping the interest for these types of loans, cities can
through their police power limit the placement of payday lenders. That is a tool that can be quite
effective; 74/% of all payday loan borrowers nationally take out storefront payday loans only.
Cupertino Planning Commission 4 October 11, 2016
• She encouraged the Commission to move forward with the staff recommendation; and said she
appreciated the inclusion of car title loans and other fringe financial services in the discussion as well.
Liana Molina,Director of Community Engagement, California Reinvestment Coalition:
• CRC is a statewide non-profit financial justice organization based in San Francisco,which works with
other agencies statewide to advocate for fair and affordable financial access,particularly for low income
communities and communities of color across California. They are present to support staff
recommendation around restricting future development of any types ofpayday,car title,check cashing.
Said they appreciate the car title inclusion because they know the payday lenders are moving more
toward the larger sum, more expensive car title and instalment loans. Said they ha�e worked with a
number of jurisdictions across the state ranging from Sacramento to San Francisco, Oakland, Fresno
and Long Beach. It is a good public policy, they know the harm that payday loans pose to folks on the
financial margins and can be detrimental and very hard to rectify for people, and to the extent the city
can provide certain protections for neighborhoods to ensure that people aren't specifically target it is
really helpful. She encouraged support of the recommendation.
Ana Rosa Camancho,United Way Bay Area:
• Said she taught financial education and managed the helpline.
• Said what she has seen with the payday loans is individuals don't sometimes have a lot of the resources,
much of it is education and what Sunnyvale did is that at any of the storefronts they also have the
resources for the community;they ha�e a brochure they can use so that they know there are community
resources. Said when she came to the meeting she stopped at City Hall and they have the brochures for
the 211;they are also at the local libraries throughout the county. Much of it is education for individuals
to know there are resources out there. The classes explain how specifically the payday loans work and
the alternatives to payday lending; much of it is with savings and calling the non-profits that are there
to support the individuals. When they are trapped they can see that getting a loan is an a�enue but once
they start getting 1, 2 and 3, they realize how harmful it is. She said she had an individual who said
after her second loan knew it was harmful for her family and it was like an immediate solution but in 2
weeks it was a domino effect that was harming her family and she was not getting out of the situation.
Said she supported staff recommendation to ban the establishments of payday lending in Cupertino.
Chair Takahashi closed the public hearing.
Com.Pauisen:
• Expressed his appreciation to Ms. Camancho for taking the initiative in writing her letter, and coming
from San Francisco to attend the meeting.
Vice Chair Gong:
• Said that it appeared Cupertino was not the normal target of the payday lenders; it was more egregious
to her that the senior citizens were being targeted. She said she supported the proposal. She suggested
adding a course for senior citizens and families in the Fall and Spring coursework and perhaps Ana
Rosa would teach it or someone from her office as part of the offerings for Cupertino citizens.
Com.Lee:
• Said she felt they should prohibit payday loans and check cashing businesses in Cupertino.
Cupertino Planning Commission 5 October 11, 2016
MOTION: Motion by Com.Pauisen, second by Com. Lee and unanimousiy carried 4-0-0,
Com. Sun absent,to approve the Municipai Code Amendment per the draft
resolution; That within the meaning of Pubiic Resources Code Sections
21080e and 21082.2 within the record or provide at the pubiic hearing this
matter that the Pianning Commission hereby finds and determines as
foliows: That payday lenders are predatory businesses that target peopie
in desperate need of cash and charge unusualiy high interest rates and
exorbitant fees that end up trapping borrowers in a cycie of crippiing debt
and poverty; and state law regulates maximum loan amounts,fees and other
aspects of how a payday lenders operate. However,locai jurisdictions can
back locai policies to restrict payday loan businesses who are operating
within their communities through the use of its power. Therefore
approvai of the resolution is recommended; recommend that the City
Councii adopt the proposed ordinance which is attached and incorporate
it as Exhibit A.
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION
Environmentai Review Committee: No meeting.
Housin�Commission: No meeting.
Economic Development Committee Meetin�: No meeting.
Mavor's Monthiv Meetin�With Commissioners: No report.
REPORT OF THE DIRECTOR OF COMMUNITI'DEVELOPMENT: None
ADJOURNMENT:
• The meeting was adjourned to next Planning Commission meeting on October 25, 2016 beginning at
6:45 p.m.
Respectfully Submitted: /s/Elizabeth Ellis
Elizabeth Ellis, Recording Secretary
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO,CA 95014-3255
(408)777-3308 • FAX(408)777-3333 • planningCcupertino.org
��,.��'��T���
PLANNING COMMISSION STAFF REPORT
Agenda Item No. _ Agenda Date: October 25, 2016
SUBJECT:
Consideration of Municipal Code Amendments to amend Chapter 8.07,Seekeeping, and
Table 19.20.020 of Chapter 19.20, Permitted, Conditional, and Excluded Uses in
Agricultural and Residential Zones, regarding the regulation, location, and the keeping
of bees in the City and to make other conforming changes in Table 19.20.020 for
consistency; (Application No. MCA-2016-03; Applicant: City of Cupertino; Location:
Citywide).
RECOMMENDATION:
Staff recommends that the Planning Commission;
1) Find that the proposed actions are exempt from CEQA;
2) Adopt the draft resolution recommending the City Council introduce and adopt
"An Ordinance to amend Chapter 8.07, Seekeeping, and Table 19.20.020 of
Chapter 19.20, Permitted, Conditional, and Excluded Uses in Agricultural and
Residential Zones, regarding the regulation, location, and the keeping of bees in
the City and to make other conforming changes in Table 19.20.020 for consistency."
(Attachment 1).
BACKGROUND:
At the March 15th, 2016 City Council meeting, members of the Cupertino's Rolling Hills
4-H Club (Rolling Hills 4-H) and the Santa Clara Valley See Guild (SCVSG) presented on
the importance of bees to the environment and requested Council to review existing
restrictive regulations to promote the keeping of bees in the City. Council directed staff
to evaluate the current regulations and draft an ordinance setting reasonable regulations
to allow for more residents to participate in urban beekeeping.
Currently apiaries (an area where one or more hives are located) are permitted, as a
principal use,in Agriculture (A)Zoning Districts and as a conditional use in Agricultural-
Residential (A-1) Zoning Districts. They are allowed as accessory uses in other zoning
MCA-2016-03 October 25,2016
Page 2
districts.However, current regulations require that apiaries must be located at least 1,000
feet from the nearest residence, church, school, public building, corral or water area in
the corral and at least 300 feet from any public road, effectively prohibiting beekeeping
activities in much of the urban parts of the City.
Pollinators, such as bees,butterflies, and bats, are universally recognized as being critical
to environmental health, food and agriculture economies, and human survivaL In
addition, in the last decade, the phenomenon known as colony collapse disorder (CCD),
where bee populations are declining at precipitous rates due to multiple factors, such as
pesticide applications, parasites, habitat loss, and diseases, all contributing to the demise
of bees, is also more widely recognized. These same factors also affect native bee species
and other pollinators. Advocacy groups, neighborhood coalitions, local governments,
and even the national government are attempting to address the issues behind the plight
of the bee (See Attachment 3).
The proposed changes to Chapter 8.07, Seekeeping, are a result of examining best
management practices (SMPs) of beekeeping, the requirements of adjacent cities and
highlighting the most basic requirements that will promote responsible beekeeping with
the intent of encouraging urban beekeeping in the City. In addition, minor changes have
been proposed to Chapter 19.20, Permitted, Conditional and Excluded uses in
Agricultural and Residential zones, for clarification purposes (See Attachment 4).
DISCUSSION
Chapter 8.07- Beekeeping
In addition to the addition of a Purpose Section (Section 8.07.010), the following changes
have been made to each of the other sections of Chapter 8.07.
Section 8.07.020 - Definitions
Definitions have been:
1. Consolidated to be consistent with the organization of definitions in other chapters
of the Municipal Code;
2. Reworded for clarity and brevity; and
3. Added to classify "apiaries" into two categories - the keeping of bees as an
agricultural and principal use; and as an urban and accessory use.
Section 8.07.030—Location, Number,Maintenance and Registration
Location and Number
The proposed ordinance clarifies that urban beekeeping (allowed as a compatible
accessory use) is permitted as an accessory use; agricultural apiaries, where beehives are
used as part of a large-scale production farm, as a principal use, will continue to be
limited to the agricultural (A) and agricultural-residential (A-1) zones.
MCA-2016-03 October 25,2016
Page 3
To allow beekeeping on smaller, more urban, properties and to balance that with
concerns about the potential of negatively impacting adjacent property owners, the
current setbacks are proposed to be amended as follows:
■ 20' from any front property line and any public or private streets; and
■ 10' from any side or rear property lines or driveway easements. Furthermore,
apiary owners may obtain consent from adjacent property owners to allow for
reduced side and rear setbacks.
Number
In order to encourage beekeeping and reasonably apply beekeeping standards, a limit of
two hives is proposed for lots with less than 5,000 square feet since residential lots in the
R1 zoning district under this size are considered sub-standard and therefore, an
appropriate threshold for restricting the number of hives. This limit is consistent with
limits other cities have placed on urban beekeeping on small residential lots.
Maintenance
The ordinance currently has a requirement for the provision of adequate water for bees
on the property where the apiary is located to discourage them from frequenting
neighbor's pools or birdbaths. This requirement has been clarified to require the water
supply to be a constant supply of fresh water to ensure water quality for the health of the
bees and to discourage breeding grounds for mosquitoes.
Additionally, to ensure that a hive does not become a public nuisance upon being
abandoned by its beekeeper, the ordinance proposes to require dismantling of unused
and/or abandoned apiaries
Registration
In order to document beekeeping activity,provide future analytics on beekeeping efforts,
and protect beekeepers through the Pesticide Notification program, beekeepers must
register the following with the local county agricultural commissioner as required by
state law:
■ Apiaries being moved across county lines within five days of starting the move;
and
■ The location and number of apiaries located in the county annually.
Since neither registration nor the form is a City requirement, in the proposed ordinance,
the existing language is simplified with a cross-reference to state law.
Section 8.07.040 -Nuisance
MCA-2016-03 October 25,2016
Page 4
The proposed ordinance also requires all beekeepers to be responsible for properly
maintaining their apiaries in conformance with the regulations and to ensure that their
activity does not become a public nuisance.
Section 8.07.050 - Enforcement
The proposed ordinance consolidates two existing sections on notices and penalties into
an Enforcement section for better readability and simplified the language to reference
other existing chapters.
Chapter 19.20, Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones
Apiaries are considered an accessory use in all zoning districts,but a reference to apiaries
as a principal use in Table 19.20.020 may make interpretation confusing; therefore, staff
is proposing minor changes to Table 19.20.020:
1. Explicitly referencing the Accessory Facilities/Use section of the chapter for urban
beekeeping to be considered an accessory use; and
2. Allowing apiaries on Agricultural-Residential (A-1) zones as a permitted use
instead of a conditional use.
In addition,in Table 19.20.020, applicable cross-references to existing sections of the Code
have been added and language has been clarified for internal consistency.
PUBLIC NOTICING & OUTREACH
The following noticing has been conducted for this project:
Notice ' of Publie Hearing, Si#e Agenda
Notice & Legal Ad
■ Legal ad placed in newspaper ■ Posted on the City's official notice bulletin
(at least 10 days prior to hearing) board (five days prior to hearing)
■ Display ad placed in newspaper ■ Posted on the City of Cupertino's Web site
(at least 10 days prior to hearing) (five days prior to hearing)
Additional noticing was conducted in the form of notices and updates to media avenues
including Facebook, the City website, and the monthly Cupertino Scene print
publication. Since the publication of the resources on the City's webpage (and other
digital media) in late July, and in the Cupertino Scene and Cupertino Courier in
September, staff received public comments through e-mail that were positive and in
support of amending regulations to permit more residents to keep bees. Additionally,
staff inet with members of the Cupertino's Rolling Hills 4-H Club to evaluate the City's
existing ordinance, analyze ordinances of other cities in the region and nationwide, and
assess the draft ordinance in August and September. The positive feedback and
MCA-2016-03 October 25,2016
Page 5
constructive comments were incorporated and the draft ordinance was posted on the
City's website at the end of September, with updates in mid-October.
All correspondence received prior to the publishing of this report are included in
Attachment 5.No other public comments have been received on this subject as of October
19, 2016.
ENVIRONMENTAL ASSESSMENT
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 the class of projects which have been determined not to have a significant effect
on the environment under section 15301 (Existing Facilities), section 15302 (Replacement
or Reconstruction), section 15303 (Construction or Conversion of Small Structures), and
section 15308 (Actions by Regulatory Agencies for Protection of the Environment).
NEXT STEPS
The recommendations made by the Planning Commission will be forwarded to the City
Council for consideration.
Prepared by: Ellen Yau, Assistant Planner
Piu Ghosh, Principal Planner
Reviewed by: Approved by:
Senjamin Fu Aarti Shrivastava
Assistant Director of Community Development Assistant City Manager
ATTACHMENTS
1 —Draft Resolution
2 —Redlined Ordinances
3 —Article: Endangered Hawaiian Sees
4—Seekeeping Ordinance Comparison Chart
5 —E-mail Correspondence
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 TO
AMEND CHAPTER 8.07, SEEKEEPING, AND TASLE 19.20.020 OF CHAPTER 19.20,
PERMITTED, CONDITIONAL, AND EXCLUDED USES IN AGRICULTURAL AND
RESIDENTIAL ZONES, REGARDING THE REGULATION, LOCATION, AND THE
KEEPING OF SEES IN THE CITY AND TO MAKE OTHER CONFORMING
CHANGES IN TASLE 19.20.020 FOR CONSISTENCY.
SECTION L PROTECT DESCRIPTION
Application No: MCA-2016-03
Applicant: City of Cupertino
Location: Citywide
WHEREAS, the Cupertino Municipal Code Chapter 8.07, Seekeeping, renders it difficult
to maintain apiaries within the City and is in conflict with the increased interest of
members of the public; and
WHEREAS, the Cupertino Municipal Code Table 19.20.020, Permitted, Conditional, and
Excluded Uses in Agricultural and Residential Zones, is amended to make conforming
changes and to clarify the intent of beekeeping as an accessory use in all zoning districts
and to eliminate the possible misconception that apiaries in general are excluded uses in
residential zones; and
WHEREAS, pursuant to Government Code sections 65854 and 65855, the Planning
Commission has the authority to review and make recommendations to the City Council
regarding amendments to the City's zoning ordinances; and
WHEREAS,the City provided all necessary legal notices to hold a public hearing at which
the amendment to the City's zoning ordinances would be considered; and
WHEREAS, on October 25,2016, the Planning Commission held a noticed public hearing
at which interested persons had an opportunity to testify in support of, or in opposition
to, the proposed amendment to the City's zoning ordinance and at which time the
Planning Commission considered the proposed amendment to the City's zoning
ordinance; and
WHEREAS, the City has analyzed this proposed zoning amendment and determined that
it 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; and
WHEREAS, in the event that this proposed amendment 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; and
WHEREAS, in the event that this proposed amendment is found to be a project under
CEQA, it is determined to be categorically exempt under section 15301 (Existing
Facilities), section 15302 (Replacement or Reconstruction), section 15303 (Construction or
Conversion of Small Structures), and section 15308 (Actions by Regulatory Agencies for
Protection of the Environment)because it can be seen with certainty to have no possibility
of a significant effect on the environment; and
WHEREAS, attached as Exhibit A is the proposed Ordinance; and,
NOW, THEREFORE, the Planning Commission approves this Resolution recommending
that the City Council adopt the proposed Ordinance which is attached hereto and
incorporated herein by reference as Exhibit A.
PASSED AND ADOPTED this 25th day of October 2016, at a Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ASSTAIN: COMMISSIONERS:
ASSENT: COMMISSIONERS:
ATTEST: APPROVED:
Senjamin Fu Alan Takahashi
Assist. Community Development Director Chair, Planning Commission
EXHIBIT A
DRAFT ORDINANCE NO. 16-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND CHAPTER 8.07, BEEKEEPING,AND TABLE 19.20.020 OF CHAPTER 19.20,
PERMITTED, CONDITIONAL,AND EXCLUDED USES IN AGRICULTURAL AND
RESIDENTIAL ZONES REGARDING THE REGULATION, LOCATION,AND THE
KEEPING OF BEES IN THE CITY AND TO MAKE OTHER CONFORMING
CHANGES TO TABLE 19.20.020 FOR CONSISTENCY.
WHEREAS, the Cupertino Municipal Code Chapter 8.07, Seekeeping, renders it difficult
to maintain apiaries within the City and is in conflict with the increased interest of
members of the public; and
WHEREAS, the Cupertino Municipal Code Table 19.20.020, Permitted, Conditional, and
Excluded Uses in Agricultural and Residential Zones, is amended to make conforming
changes and to clarify the intent of beekeeping as an accessory use in all zoning districts
and to eliminate the possible misconception that apiaries in general are excluded uses in
residential zones; and
WHEREAS, the City has analyzed this proposed zoning amendment and determined
that it 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; and
WHEREAS, in the event that this proposed amendment 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; and
WHEREAS, in the event that this proposed amendment is found to be a project under
CEQA, it is determined to be categorically exempt under section 15301 (Existing
Facilities), section 15302 (Replacement or Reconstruction), section 15303 (Construction or
Conversion of Small Structures), and section 15308 (Actions by Regulatory Agencies for
Protection of the Environment)because it can be seen with certainty to have no possibility
of a significant effect on the environment; and
WHEREAS, the Planning Commission has reviewed the amendments to the Municipal
Code at a duly noticed public hearing held on October 25, 2016 where the public had an
opportunity to comment at which the Commission adopted Planning Commission
Resolution No. by a X-X vote recommending that the City Council adopt the
amendments;
WHEREAS, a duly noticed public hearing was held on November _, 2016 at which the
public had an opportunity to speak on this matter; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
exemptions,and using its independent judgment,determines the Ordinance to be exempt
from CEQA as stated above; and
WHEREAS, the City Council is the decision-making body for this Ordinance; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.07 of Title 8 of the Cupertino Municipal Code entitled
"Seekeeping" is hereby amended to be entitled,numbered, and to read as follows:
Chapter 8.07
BEEKEEPING
Section
8.07.010 Purpose.
8.07.020 Definitions.
8.07.030 Location,Number,Maintenance and Registration of Apiaries.
8.07.040 Nuisance.
8.07.050 Enforcement.
8.07.010 Purpose.
This chapter is enacted to provide for beekeeping, including urban beekeeping,
activities within the City while minimizing impacts to surrounding properties through
the establishment of beekeeping regulations.
8.07.020 Definitions.
For the purposes of this chapter, the following definitions apply,unless it is apparent
from the context that a different meaning is intended:
"Apiary" means a collection of bees, hives, and any accessory appliances.
A. "Agricultural Apiary" means an apiary kept as a principal use on any
property;
S. "Urban Apiary" means an apiary kept as an accessory use pursuant to
Section 19.100.020, Accessory Uses and Facilities.
"Sees" means any stage of the common domestic honey-producing insects of the
species apis mellifera.
"Hive" means any receptacle, container or structure used to house bees.
"Location" means any premises upon which an apiary is located.
8.07.030 Location, Number, Maintenance and Registration of Apiaries.
Any person may keep and maintain apiaries in accordance to the following
regulations:
A. Location:
1. Agricultural apiaries as permitted in Chapter 19.20;
2. Urban apiaries in all zoning districts;
3. Minimum setbacks:
i. Front property line and/or any public or private street: 20 feet; and
ii. Side or rear property lines and/or driveway easements: Ten (10) feet,
unless property owners of adjacent properties or beneficiaries of
driveway easements have given written permission to locate hives at a
closer distance.
S. Number: Only two hives may be kept or maintained on parcels less than
5,000 square feet in size.
C. Maintenance:
1. A constant supply of fresh water adequate in quantity for the apiary
should be provided and maintained on the location.
2. Any abandoned or disused apiaries shall be promptly dismantled and
removed from the location.
D. Registration: All apiaries must be registered with the Santa Clara County
Agricultural Commissioner as required by Division 13: See Management and
Honey Production of the California Food and Agricultural Code commencing
at Section 29000, and or as thereafter may be amended.
8.07.040 Nuisance.
The maintenance or use of any real property in violation of this Chapter, or when
an apiary's bees swarm and/or abscond,or which creates a condition as defined in Section
1.09.030, is hereby declared a public nuisance, is prohibited and is subject to code
enforcement and all other enforcement remedies as provided for in this Code.
8.07.050 Enforcement.
Any person who violates any provision of this chapter shall be subject to
administrative fines and/or penalties pursuant to Chapter 1.10. In addition, any person
who violates any of the provisions of this chapter shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished as provided in Chapter 1.12.
SECTION 2. Sub-Sections 1(h), (i), (j) and (9) of Table 19.20.020 of Section
19.20.020 of Chapter 19.20 of Title 19 of the Cupertino Municipal Code entitled
"Permitted, Conditional and Excluded Uses in Agricultural and Residential
Zones" is hereby amended as follows:
Table 19.20.020—Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones
USES ZONING DISTRICTS
A A-1 R-1 RHS R1C R-2 R-3
1. Agriculture, horticulture,
viticulture and forestry,
including the following and P P — — — — —
similar uses:
(no change to subsections 19.20.020 (1) (a)-(g)
h. Poultry raising and P CUP- See #27
hatcheries, PC
i. Apiaries, pursuant to
Cha ter 8.07, P P See #9
j. Nurseries, greenhouses P CUP- See #20
and landsca in ardens PC
(no change to subsections 19.20.020 (1) (k) - 19.20.020 (8)
9. Accessory facilities and
uses incidental to permitted
uses and otherwise conforming P P P P P P P
with the provisions of Chapter
19.100 of this title;
SECTION 4. 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 5. E ffective Date. This Ordinance shall take effect thirty days after
adoption as provided by Government Code Section 36937.
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall give notice of its adoption as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may
be published and posted in lieu of publication and posting of the entire text.
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:
Vote Members of the Citv Council
AYES:
NOES:
ASSENT:
ASSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Sarry Chang, Mayor, City of Cupertino
Chapter 8.07 of Title 8 of the Cupertino Municipal Code
Chapter 8.07
BEEKEEPING
Section
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8.07.020 Definitions.
z 8.07.030 Location,Number,Maintenance and Registration of Apiaries.
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10/2/2016 Bee species added to endangered list for first time�PBS NewsHour ATTACHMENT 3
• PBS
NATION
Bee species added to endangered list for first time
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Photo by PhotoAlto/Odilon Dimier via Getty lmages
For the first time in the United States, bees have been placed underthe protection of the
Endangered Species Act.
Seven yellow-faced bee species that were once abundant in their native home of Hawaii, were
declared endangered on Friday by the U.S. Fish and Wildlife Service, t � ....ss ci.. t� .... r�ss
r���rt�d,
Those species have been devastated by "habitat loss, wildfires and the invasion of non-native
plants and insects," �cc�r i� t� .... h� u�r i��..
http://www.pbs.org/newshour/rundown/bees-endangered-IisU 1/2
10/2/2016 Bee species added to endangered list for first time�PBS NewsHour
The federal protection of the bees will "allow authorities to implement recovery programs, access
funding and limit their harm from outside sources," cc�rdi� t�th� .
These species of bees are essential to the islands' produce. In general, bees add billions of dollars
to U.S. agriculture each year, . cc�rdi� t� �ut�rs. Many indigenous Hawaiian plant species
could go extinct if the native species of bees were to totally disappear from the islands.
Sarina Jepson, endangered species program director at Portland-based conservation
organization the Xerces Society, t�ld th� .that the bees are threatened by "feral pigs, invasive
ants, loss of native habitat due to invasive plants, fire, as well as development, especially in some
forthe coastal areas:'
Entomologist Karl Magnacca,who has worked with Xerces and operates chiefly in Hawaii, t�ld
th�AP that the organization had worked on efforts to declare the bee species endangered for
nearly 10 years.
The placement of the Hawaiian bees on the endangered species list occurs just a week after the
U.S. Fish and Wildlife Service proposed adding the rusty patched bumble bee to the list,
cc�rdi� t� �ut�rs, The rusty patched bumble bee is a key pollinator that once swarmed the
upper Midwest and Northeastern U.S. It is also the first wild bee species in the continental U.S. to
be proposed for official federal protection.
Officials also added three other native Hawaiian animal species to the list: the band-rumped
storm-petrel, the orangeblack Hawaiian damselfly and the anchialine pool shrimp, cc�rdi� t�
th�AP.
Why urban beekeeping is a rising trend in major cities
http://www.pbs.org/newshour/rundown/bees-endangered-IisU 2/2
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ATTACHMENT 5
Ellen Yau
From: Michael Stang <mstang1015@icloud.com>
Sent: Saturday, August 13, 2016 8:18 PM
To: Ellen Yau
Subject: Honey bee ordnance
Hello Ellen, our name is Michael & Kathleen Stang . I work with honey bees professionally, I salsa keep bees on juniper
hotel in Cupertino and other business also I mentor back yard hobbiest. We have been bee keepers for 10 years. We
also worked with the city of Santa Clara in changing their code for keeping honey bee colonies in their city. I would like
to take part in your decision to change the code enforcement on honey bees. Please call Mike Stang at. 408-621-6242.
Ps we also are members of the Santa Clara Valley bee keepers guild. Thank you
Mike
Sent from my iPhone
i
Ellen Yau
From: Dana Stern <dstern59@yahoo.com>
Sent: Tuesday, September 06, 2016 6:33 PM
To: Ellen Yau
Subject: Beekeeping Ordinance
Hello Ellen,
My name is Dana Stern and I lived in Cupertino for about 30 years before I moved to Sunnyvale 4 years ago. I was a
leader in the Rolling Hills 4-H Club and my children were in the beekeeping project many years ago.
I am also a member of Cupertino Rotary and know Alysa Sakkas and also have a bee hive in my Sunnyvale back yard.
Alysa and several other community members have encouraged me to contact you about the ordinance. I work with a
beekeeper who is a science teacher at Bellarmine. His name is Patrick Adams (he also has a beekeeping business). I
would encourage you to contact him as well - he is a wealth of information.
If a guest in my backyard did not know I had a hive, they would not have any idea it exhisted. It sits about 3 feet from the
back fence that borders my neighbor's yard. I did notify my two side neighbors about my hive before I put it in, but did
not notify my back neighbor-it is far from their home.The concern about regulating bee's too much is that you can't
control a wild insect. Bee's are everywhere naturally, not usually from a kept hive.
Bee's fly in and out of the hive constantly on their mission to collect pollen. Most purchased bees are of an Italian
lineage and are quite docile.The queen's personality dictates the hive's personality.The bee's fly up and away, and
come back from the sky down to the hive.They do not hover around laterally and disturb meals, etc.They are only
interested in collecting pollen. Unlike Yellow Jackets and Paperwhites -which are NOT bees, but wasps, bees are not
interested in food or people.
I have done a little reading on the internet about backyard bee hives and although some sources suggest a high shrub or
portion of fence to encourage the bees to fly up and not into someone's yard doesn't really seem necessary unless there
is an unusual access to a neighbor's home. My fence is tall and has a "good neighbor" lattice on top, and my bees seem
to fly naturally up to the sky and down from the sky. My back neighbor also has several tall bushes and trees on his
fenceline that encourage the bees to go up.
You are welcome to visit my yard if you like (I live near Fremont and Mary Avenues). Bee's are not a nuisance, but a
necessity.
I highly recommend an ordinance that could be applied in cases of neglect, etc. NOT to regulate. It would be like trying
to regulate hummingbirds in yards. Bee's should not be feared but revered.
Thank you Ellen for listening to my passionate rant! I would be happy to come to your office or attend a meeting. I know
Sunnyvale will be watching what Cupertino does with this-and we all really live in the same community!
Dana Stern
873 Ticonderoga Dr
Sunnyvale
i
Ellen Yau
From: Anand D'Souza <anand_dsouza@yahoo.com>
Sent: Tuesday, September 13, 2016 5:00 PM
To: Ellen Yau
Subject: Beekeeping Ordinance
Hi Ellen,
Hope all is well.
I am writing to show my support towards the City of Cupertino's effort to update the beekeeping ordinance. Our family has
discussed rearing bees and we are excited to see progress towards it.
Best regards,
Anand
1
Ellen Yau
From: Ethan Chi <ethanachi@gmail.com>
Sent: Saturday, September 17, 2016 2:19 PM
To: Ellen Yau
Subject: Beekeeping Ordinance
Dear Ms. Yau,
Pm excited to hear that Cupertino is updating its beekeeping ordinancesi
It's great to be able to give bees a voice.
It was very interesting to present at the City Council in March as part of the Rolling Hills 4-H Beekeeping
Proj ect.
Pm looking forward to helping contribute again at the October meeting.
Bees are truly an invaluable resource,not just for agricultural areas but also for metropolitan cities like
Cupertino.
Especially with colony collapse disorder presenting a grave danger, it's important that we act quickly on their
behalf.
In my opinion, the ideal model to follow in modernizing beekeeping ordinances would be that of San Francisco.
There, beekeepers must simply follow a nuisance regulation, managing their colonies in a way that's considerate
of their neighbors.
If a nuisance is reported, the Dept. of Public Health may require the beekeeper to modify or cease their
operation.
This model has worked well in San Francisco, resulting in few complaints and a thriving culture of urban
beekeeping.
Hopefully, soon beekeeping will be accessible to all in Cupertinoi
Sincerely,
Ethan Chi (Rolling Hills 4-H Beekeeping Project Teen Leader)
i
Ellen Yau
From: Erica Chi <3chiboys@gmail.com>
Sent: Sunday, September 18, 2016 11:05 PM
To: Ellen Yau
Subject: beekeeping ordinances update
Dear Ms. Yau,
As the junior leader for the Rolling Hills Beekeeping Project, I helped present to the Cupertino City
Council.
It's really interesting that we're being part of the process of changing laws! When I read the article
about beekeeping ordinances being updated in the Cupertino Scene, I was extremely excited,
because it meant that even kids can make a change.
Bees are really important to our environment, as they pollinate over 1/3 of our crops. Around the
world, urban beekeeping is becoming widely accepted and we should change as well. It's really
important to speak for bees, because they don't have a voice.
It was really fun to speak at the City Council meeting; I'm looking forward to speaking again!
Sincerely,
Nathan Chi (junior leader for the Rolling Hills Beekeeping Project)
i
Ellen Yau
From: Erica Chi <3chiboys@gmail.com>
Sent: Sunday, September 18, 2016 11:02 PM
To: Ellen Yau
Subject: Beekeeping Ordinance
Dear Ms. Yau,
Pm Ryan Chi, one of the teen leaders for the Rolling Hills 4-H Beekeeping Project.
It's really exciting that the Cupertino beekeeping ordinances are going to be updatedi
Bees are really important to us and the environment. It's important that we help encourage beekeeping locally
by making the municipal codes less restrictive. A nuisance code, rather than a distance-specifying code, would
probably work better for beekeepers and cause less work for the city. It's also worked well for cities like San
Francisco and New York(which has legalized beekeeping altogether).
It was a great experience to present at a Cupertino City Council meeting several months ago. Pm looking
forward to attending the planning meeting on October 4thi
Thank you,
Ryan Chi
i
Ellen Yau
From: Jon Garliepp <jcgarliepp@earthlink.net>
Sent: Monday, September 19, 2016 2:20 PM
To: Ellen Yau
Subject: Beekeeping ordinance
I would like to be involved in the formation of the bee ordinance in Cupertino. I live in Cupertino, I have bee hives and I
am member of the Bee guild. Are there meetings that I could attend on this subject?
I have signed for your email notices.
Jon Garliepp.
408-718-0310
Sent from my iPad
i
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO,CA 95014-3255
(408)777-3308 • FAX(408)777-3333 • planningCcupertino.org
CU�P"�R,TIN�►
PLANNING COMMISSION STAFF REPORT
Agenda Item No._ Agenda Date: October 25, 2016
SUBJECT:
An Ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of
the Cupertino Municipal Code including but not limited to Chapter 19.08 (Definitions),
Chapter 19.20 (Permitted,Conditional and Excluded Uses in Agricultural and Residential
Zones), Chapter 19.24 (Agricultural (A) and Agricultural - Residential (A-1) Zones),
Chapter 19.32 (Residential Duplex (R-2) Zones), Chapter 19.52 (Reasonable
Accommodation), and Chapter 19.112 (Second Dwelling Units in R-1, RHS, A and A-1
Zones), in response to recently adopted State legislation regarding accessory dwelling
units for compliance with State Law, and for internal consistency. (Application No.
MCA-2016-05; Applicant: City of Cupertino; Location: City-wide)
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council:
1. Find that the proposed actions are exempt from CEQA; and
2. Adopt an ordinance amending Title 19, Zoning, of the Cupertino Municipal Code
including but not limited to Chapter 19.08 (Definitions), Chapter 19.20 (Permitted,
Conditional and Excluded Uses in Agricultural and Residential Zones), Chapter 19.24
(Agricultural (A) and Agricultural - Residential (A-1) Zones), Chapter 19.32
(Residential Duplex (R-2) Zones), Chapter 19.52 (Reasonable Accommodation), and
Chapter 19.112 (Second Dwelling Units in R-1, RHS, A and A-1 Zones), in response to
recently adopted State legislation regarding accessory dwelling units for compliance
with State Law, and for internal consistency. (Attachment A).
MCA-2016-05 October 25,2016
Page 2
DISCUSSION
Background
On September 27, 2016, Governor Srown signed Senate Sill 1069, amending Section
65852.2 of the Government Code, reducing requirements that local jurisdictions may
impose on accessory dwelling units and streamlining the approval process.
In order to ensure that the Municipal Code conforms to state law, the following chapters
have been identified in the Zoning Code for revisions to reflect the amendment in the
Government Code:
1. Chapter 19.08—Definitions: State Law consistency, clarifications
2. Chapter 19.20 - Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones: Consistency
3. Chapter 19.24 - Agricultural (A) and Agricultural — Residential (A-1) Zones:
Consistency
4. Chapter 19.32 - Residential Duplex Zones: Consistency
5. Chapter 19.52 - Reasonable Accommodation: Consistency
6. Chapter 19.112 - Second Dwelling Units in R-1, RHS, A and A-1 Zones: State Law
consistency, clarifications
In addition to ensure consistency with state law,minor amendments have been proposed
to ensure internal consistency and as clarifications.
Analysis
Consistencu with State Law:
1. "Accessory Dwelling Unit": Senate Sill 1069 amends Section 65852.2 of the
Government Code by replacing the term "second unit" with "accessory dwelling
unit." The definition of "second dwelling unit" has been updated to match the state's
definition of an"accessory dwelling unit." Finally, all occurrences of the term "second
unit" in the Municipal Code,when used in the context of an"accessory dwelling unit"
have been replaced.
2. Processing: While the City's current practice of processing of an accessory dwelling
unit is a ministerial process through a building permit; SS 1069 requires that the City
incorporate language in the ordinance memorializing this.
3. Allowable accessory dwelling unit sizes are being increased from 650 to 800 s.f. for
lots up to 10,000 s.f. and from 800 to 1200 s.f. for lots over 10,000 s.f..
MCA-2016-05 October 25,2016
Page 3
4. Parking:
a. For principal unit: If an existing garage, whether attached or detached, is
converted or demolished to be an accessory dwelling unit, state law allows those
replacement off-street parking spaces for the principal unit to be provided in any
configuration on the lot in any combination of uncovered, covered, carport,
tandem or mechanical automobile lifts.
b. For accessory dwelling unit: If the lot meets certain criteria, such as, being within
one-half mile of public transit or in an architecturally significant historic district or
part of an existing primary residence or an existing accessory structure,no parking
spaces need to be provided for the accessory dwelling unit.
Other Requirements of SB 1069
Other elements of the Sill, such as eliminating utility hookup fees for accessory
dwelling units built within an existing house or an existing detached structure on the
same lot, will be addressed by the respective water and sewer agencies. The Suilding
Division is currently in the process of amending the City's Suilding Code to reflect
State Suilding Code requirements. Fire sprinklers requirements for accessory
dwelling units will be incorporated into these revisions when they are presented to
the City Council later this year.
Internal Consistency and Clarifications
Certain definitions in Chapter 19.08,Definitions,have been edited to ensure clarity and
intent. This includes refining the definition of duplex to differentiate it from the single
family and accessory dwelling unit combination. All references for families as an
indicator for occupancy in unit types have been removed to comply with case law.
Further, the term 'transient' has been added to the definitions of "Lodging "and
"Lodging Unit" to ensure internal consistency with the definition of "Transient" in
the Municipal Code.
Noticing
The following noticing has been conducted for this project:
Notice ' of Public Hearing, ; Site Agenda
Notice & Le,gal Ad
■ Legal ad placed in newspaper ■ Posted on the City's official notice bulletin
(at least 10 days prior to hearing) board �five days prior to hearing)
■ Display ad placed in newspaper ■ Posted on the City of Cupertino's Web site
(at least 10 da s rior to hearin ) ive da s rior to hearin )
MCA-2016-05 October 25,2016
Page 4
ENVIRONMENTAL IMPACT
The project is categorically exempt as there is no potential for this action to cause a
significant effect on the environment and/or any project would be exempt under relevant
provisions of CEQA guidelines, including, but 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
Piu Ghosh, Principal Planner
Reviewed by: Approved by:
Senjamin 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 Chapters 19.08, 19.20, 19.24, 19.32, 19.52,
and 19.112
Attachment A
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
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, ZONING, OF THE CUPERTINO MUNICIPAL CODE INCLUDING BUT NOT
LIMITED TO CHAPTER 19.08 (DEFINITIONS), CHAPTER 19.20 (PERMITTED,
CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES), CHAPTER 19.24 (AGRICULTURAL (A) AND AGRICULTURAL - RESIDENTIAL
(A-1) ZONES), CHAPTER 19.32 (RESIDENTIAL DUPLEX (R-2) ZONES), CHAPTER 19.52
(REASONABLE ACCOMMODATION), AND CHAPTER 19.112 (SECOND DWELLING
UNITS IN R-1, RHS, A AND A-1 ZONES), IN RESPONSE TO RECENTLY ADOPTED
STATE LEGISLATION REGARDING ACCESSORY DWELLING UNITS FOR
COMPLIANCE WITH STATE LAW, AND FOR INTERNAL CONSISTENCY.
The Planning Commission recommends approval of 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, ZONING, OF THE CUPERTINO MUNICIPAL CODE INCLUDING BUT NOT
LIMITED TO CHAPTER 19.08 (DEFINITIONS), CHAPTER 19.20 (PERMITTED,
CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES), CHAPTER 19.24 (AGRICULTURAL (A) AND AGRICULTURAL - RESIDENTIAL
(A-1) ZONES), CHAPTER 19.32 (RESIDENTIAL DUPLEX (R-2) ZONES), CHAPTER 19.52
(REASONABLE ACCOMMODATION), AND CHAPTER 19.112 (SECOND DWELLING
UNITS IN R-1, RHS, A AND A-1 ZONES), IN RESPONSE TO RECENTLY ADOPTED
STATE LEGISLATION REGARDING ACCESSORY DWELLING UNITS FOR
COMPLIANCE WITH STATE LAW, AND FOR INTERNAL CONSISTENCY.
PASSED AND ADOPTED this 25th day of October 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:
1
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Aarti Shrivastava Alan Takahashi, Chair
Community Development Director Planning Commission
- 2 -
MCA-2012-01
EXHIBIT "A"
Draft Ordinance No. 16-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE
INCLUDING BUT NOT LIMITED TO CHAPTER 19.08 (DEFINITIONS), CHAPTER
19.20 (PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL
AND RESIDENTIAL ZONES), CHAPTER 19.24 (AGRICULTURAL (A) AND
AGRICULTURAL - RESIDENTIAL (A-1) ZONES), CHAPTER 19.32 (RESIDENTIAL
DUPLEX (R-2) ZONES), CHAPTER 19.52 (REASONABLE ACCOMMODATION), AND
CHAPTER 19.112 (SECOND DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES), IN
RESPONSE TO RECENTLY ADOPTED STATE LEGISLATION REGARDING
ACCESSORY DWELLING UNITS FOR COMPLIANCE WITH STATE LAW, AND FOR
INTERNAL CONSISTENCY.
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:
3
SECTION 1. Section 19.08.030 (a), "'A' Definitions", of Chapter 19.08 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
A. "A" Definitions:
"Abandon" means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during
normal periods of vacation or seasonal closure.
"Abutting" means having property or district lines in common.
"Accessory building" means a building which is incidental to and customarily
associated with a specific principal use or facility and which meets the applicable
conditions set forth in Chapter 19.100, Accessory Buildings/Structures.
"Accessory dwelling unit" means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking and sanitation on the
same parcel as the single-family dwelling is situated. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Accessory structure" means a subordinate structure, the use of which is purely
incidental to that of the main building and which shall not contain living or sleeping
quarters. Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet
or less are excluded.
"Addition" means any construction which increases the size of a building or facility in
terms of site coverage, height, length, width, or gross floor area ratio.
"Adjacent property" means property that abuts the subject property, including
property whose only contiguity to the subject site is a single point and property directly
opposite the subject property and located across a street.
"Adult bookstore" means a building or portion thereof used by an establishment having
as a substantial or significant portion of its stock in trade for sale to the public or certain
members thereof, books, magazines, and other publications which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as hereinafter defined.
- 4 -
"Adult cabaret" means a building or portion thereof used for dancing purposes thereof
or area used for presentation or exhibition or featuring of topless or bottomless dancers,
strippers, male or female impersonators or similar entertainers, for observations by
patrons or customers.
"Adult motion picture theater" means a building or portion thereof or area, open or
enclosed, used for the presentation of motion pictures distinguished or characterized by
an emphasis on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas," as hereinafter defined, for observation by patrons or
customers.
"Advertising statuary" means a structure or device of any kind or character for outdoor
advertising purposes which displays or promotes a particular product or service, but
without name identification.
"Aerial" means a stationary transmitting and/or receiving wireless communication
device consisting of one or any combination of the elements listed below:
1. "Antenna" means a horizontal or vertical element or array, panel or dish that may
be attached to a mast or a tower for the purpose of transmitting or receiving radio or
microwave frequency signals.
2. "Mast" means a vertical element consisting of a tube or rod which supports an
antenna.
3. "Tower" means a vertical framework of cross elements which supports either an
antenna, mast or both.
4. "Guy wires" means wires necessary to insure the safety and stability of an antenna,
mast or both.
"Affordable housing cost" means the amount set forth in the Health and Safety Code
Section 50052.5, as may be amended.
"Affordable rent" means the amount set forth in the Health and Safety Code Section
50053, as may be amended.
"Affordable units" means housing units available at affordable rent or affordable
housing cost to lower or moderate income households.
"Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer
yards, bone yard, or plants for the reduction of animal matter or any other similar use.
"Alley" means a public or private vehicular way less than thirty feet in width affording
a secondary means of vehicular access to abutting property.
"Alteration", for purposes of the Sign Ordinance, means any permanent change to a
sign.
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"Alteration" means any construction or physical change in the arrangement of rooms or
the supporting members of a building or structure, or change in the relative position of
buildings or structures on a site, or substantial change in appearances of any building or
structure.
1. "Incidental alteration" means any alteration to interior partitions or interior
supporting members of a structure which does not increase the structural strength of
the structure; any alteration to electrical, plumbing, heating, air conditioning,
ventilating, or other utility services, fixtures, or appliances; any addition, closing, or
change in size of doors or windows in the exterior walls; or any replacement of a
building facade which does not increase the structural strength of the structure.
2. "Structural alteration" means any alteration not deemed an incidental alteration.
"Amusement park" means a commercial facility which supplies various forms of indoor
and outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. "Adult animal" means any animal four months of age or older.
2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or
similar domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. "Small animal" means animals which are commonly found in single-
family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
"Animal care" means a use providing grooming, housing, medical care, or other
services to animals, including veterinary services, animal hospitals, overnight or short-
term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar
services.
"Apartment" means a room or a suite of two or more rooms which is designed for,
intended for, and occupied by one family doing its cooking there.
"Apartment house" means a building designed and used to house three or more
families, living independently of each other.
"Apartment project" means a rental housing development consisting of two or more
dwelling units.
"Approval Body" means the Director of Community Development and his/her
designee, the Planning Commission or City Council depending upon context.
"Architectural feature" means any part or appurtenance of a building or structure
which is not a portion of the living area of the building or structure. Examples include:
cornices, canopies, eaves, awnings, fireplaces, or projecting window elements. Patio
covers or any projection of the floor area shall not constitute an architectural projection.
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"Architectural projection," for purposes of the Sign Ordinance, means any permanent
extension from the structure of a building, including the likes of canopies, awnings and
fascia.
"Atrium" means a courtyard completely enclosed by walls and/or fences.
"Attic" means an area between the ceiling and roof of a structure, which is
unconditioned (not heated or cooled) and uninhabitable.
"Automotive service station" means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar
motor vehicles. Automotive maintenance and repair (minor) may be conducted on the
site. The sale of food or grocery items on the same site is prohibited except for soft
drinks and snack foods, either from automatic vending machines or from shelves. The
sale of alcoholic beverages on the site is governed by Chapter 19.132, Concurrent Sale of
Alcoholic Beverages and Gasoline.
"Automotive repair and maintenance (minor)" means the supplying of routine
automotive services such as lubrication, engine tune-ups, smog certificates, servicing of
tires, brakes, batteries and similar accessories, and minor repairs involving engine
accessories. Any repair which requires the engine, drive train, transmission assembly,
exhaust system, or drive train parts to be removed from a motor vehicle or requires the
removal of internal parts shall not be considered minor. Body and paint shop operations
are not minor repairs or maintenance.
"Average slope" means the ratio between vertical and horizontal distance expressed in
percent; the mathematical expression is based upon the formula described below:
S _ �IxLx1001
A J
S = Average slope of ground in L = Combined length in feet of all contours on
percent; parcel;
I= Contour interval in feet; A= Area of parcel in square feet.
SECTION 2. Section 19.08.030 (d), "'D' Definitions", of Chapter 19.08 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
"D" Definitions:
"Day care center" means any child day care facility, licensed by the State or County,
other than a family day care home, and includes infant centers, preschools, and
extended day care facilities.
Day Care Home, Family. "Family day care home" means a home, licensed by the State
or County, which regularly provides care, protection and supervision for fourteen or
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fewer children, in the provider's own home, for periods of less than twenty-four hours
per day, while the parents or guardian are away, and includes the following:
1. "Large-family day care home," which means a home which provides family day
care for seven to fourteen children, inclusive, including children under the age of ten
years who reside at the home, as set forth in the California Health and Safety Code
Section 1597.465;
2. "Small-family day care home," which means a home which provides family day
care to eight or fewer children, including children under the age of ten years who
resides at the home, as set forth in the California Health and Safety Code Section
1597.44.
"Decorative statuary," for purposes of the Sign Ordinance, means any structure or
device of any kind or character placed solely for aesthetic purposes and not to promote
any product or service.
"Demonstrated safety" means a condition requiring protection from the threat of
danger, harm, or loss, including but not limited to the steepness of a roadway or
driveway that may create a hazardous parking situation in front of a gate.
"Demonstrated security" means a condition requiring protection from the potential
threat of danger, harm or loss, including but not limited to a location that is isolated and
invisible from public view or that has experienced documented burglary, theft,
vandalism or trespassing incidences.
"Density bonus" means a density increase over the otherwise maximum allowable
residential density in accordance with the provisions of Chapter 19.56 as of the date of
the project application.
"Developer" means the owner or subdivider with a controlling proprietary interest in
the proposed common interest development, or the person or organization making
application, or a qualified applicant who has entered into a development agreement
pursuant to the procedures specified in Chapter 19.144.
"Development agreement" means a development agreement enacted by legislation
between the City and a qualified applicant pursuant to Government Code Sections
65864 through 65869.5.
"Development standard" means a site or construction regulation, including, but not
limited to, a setback requirement, a floor area ratio, and onsite open-space requirement,
or a parking ratio that applies to a development pursuant to any ordinance, general
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plan element, specific plan, charter, or other local condition, law, policy, resolution, or
regulation.
"District" means a portion of the property within the City within which certain uses of
land, premises and buildings are permitted and certain other uses of land, premises and
buildings are prohibited, and within which certain yards and other open spaces are
required and certain building site areas are established for buildings, all as set forth and
specified in this title.
"Drinking establishment" means an activity that is primarily devoted to the selling of
alcoholic beverages for consumption on the premises.
"Drive-through establishment" means an activity where a portion of retailing or the
provision of service can be conducted without requiring the customer to leave his or her
car.
"Driveway" means any driveway that provides direct access to a public or private street.
Driveway, Curved. "Curved driveway" means a driveway with access to the front
property line which enters the garage from the side at an angle of sixty degrees or
greater to the front curbline and which contains a functional twenty-foot-deep parking
area that does not overhang the front property line.
"Duplex" means a building, on a lot under one ownership, containing not more than
two kitchens, designed and used as two dwelling units, of comparable size independent
of each other.
"Dwelling unit" means a room or group of rooms including living, sleeping, eating,
cooking and sanitation facilities, constituting a separate and independent housekeeping
unit, occupied or intended for occupancy on a non-transient basis and having not more
than one kitchen.
SECTION 3. Section 19.08.030 (1), "'L' Definitions", of Chapter 19.08 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
"L" Definitions:
"Landscaping" means an area devoted to or developed and maintained with native or
exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or similar material (excluding driveways,
parking, loading or storage areas), and sculptural elements.
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"Late evening activities" means an activity which maintains any hours of operation
during the period of eleven p.m. to seven a.m.
"Legal substandard lot" means any parcel of land or lot recorded and legally created by
the County or City prior to March 17, 1980, which lot or parcel is of less area than
required in the zone; or lots or parcels of record which are reduced to a substandard lot
size as a result of required street dedication unless otherwise provided in the City of
Cupertino General Plan. The owner of a legally created, substandard property which is
less than six thousand square feet but equal to or greater than five thousand square feet
may utilize such parcel for residential purposes. The owner of a legally created parcel of
less than five thousand square feet may also develop the site as a single-family
residential building site if it can be demonstrated that the property was not under the
same ownership as any contiguous property on the same street frontage as of or after
July 1, 1984.
"Lightwell" means an excavated area required by the Uniform Building Code to
provide emergency egress, light and ventilation for below grade rooms.
"Liquor store" means a use requiring a State of California "off-sale general license" (sale
for off-site consumption of wine, beer and/or hard liquor) and having fifty percent or
more of the total dollar sales accounted for by beverage covered under the off-sale
general license.
"Living space" means habitable space and sanitation.
"Loading space" means an area used for loading or unloading of goods from a vehicle
in connection with the use of the site on which such space is located.
"Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or
an accessory building on a transient basis, whether or not meals are provided to the
person. Lodging shall be subject to the residential density requirements of the district in
which the use is located.
"Lodging unit" means a room or group of rooms not including a kitchen, used or
intended for use by overnight or transient occupants as a single unit, whether located in
a hotel or a dwelling unit providing lodging where designed or used for occupancy by
more than two persons; each two-person capacity shall be deemed a separate lodging
unit for the purpose of determining residential density; each two lodging units shall be
considered the equivalent of one dwelling unit.
"Lot" means a parcel or portion of land separated from other parcels or portions by
description, as on a subdivision or record of survey map, or by metes and bounds, for
purpose of sale, lease or separate use.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or
bounded on two or more adjacent sides by street lines.
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2. "Flag lot" means a lot having access to a street by means of a private driveway or
parcel of land not otherwise meeting the requirement of this title for lot width.
3. "Interior lot" means a lot other than a corner lot.
4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side line of the corner lot, and fronting on the street which
intersects or intercepts the street on which the corner lot fronts.
"Lot area" means the area of a lot measured horizontally between boundary lot lines,
but excluding a portion of a flag lot providing access to a street and lying between a
front lot line and the street, and excluding any portion of a lot within the lines of any
natural watercourse, river, stream, creek, waterway, channel or flood control or
drainage easement and excluding any portion of a lot acquired, for access and street
right-of-way purposes, in fee, easement or otherwise.
"Lot coverage" means the following:
1. "Single-family residential use" means the total land area within a site that is covered
by buildings, including all projections, but excluding ground-level paving,
landscape features, lightwells, and open recreational facilities. Sheds are included in
lot coverage.
2. "All other uses except single-family residential" means the total land area within a
site that is covered by buildings, but excluding all projections, ground-level paving,
landscape features, and open recreational facilities.
"Lot depth" means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where
there is no clear rear lot line.
"Lot line" means any boundary of a lot.
1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner
lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most
parallel to and nearest the street from which access is obtained. Lot line length does
not include arc as identified on corner parcels.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means the lot line not intersecting a front lot line which is most
distant from and the most closely parallel to the front lot line. A lot bounded by only
three lot lines will not have a rear lot line.
4. "Side lot line" means any lot line which is not a front or rear lot line.
5. "Street lot line" means any lot line abutting a street.
"Lot of record" means a lot which is part of a subdivision recorded in the office of the
County Recorder, or a lot or parcel described by metes and bounds which has been
recorded.
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"Lot width" means the horizontal distance between side lot lines, measured at the
required front setback line.
"Lower-income household" means a household whose gross income does not exceed
that established by Health and Safety Code Section 50079.5, as may be amended.
SECTION 4. Section 19.08.030 (s), "'S' Definitions", of Chapter 19.08 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
"S" Definitions:
"Screened" means shielded, concealed, and effectively hidden from view at an elevation
of up to eight feet above ground level on adjoining parcels, or from adjoining parcels,
within ten feet of a lot line, by a fence, wall, hedge, berm, or similar structure,
architectural or landscape feature, or combination thereof.
"Senior citizens" means:
1. Persons at least sixty-two years of age; or
2. Persons at least fifty-five years of age or otherwise qualified to reside in a senior
citizen housing development, in accordance with State and federal law.
"Senior citizen housing development" means a housing development with at least
thirty-five dwelling units as defined in the Civil Code Section 51.3, or a mobilehome
park that limits residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code, as may be amended.
"Setback line" means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-
of-way or private road, whether acquired in fee, easement, or otherwise, or a line
otherwise established to govern the location of buildings, structures or uses. Where no
minimum front, side or rear yards are specified, the setback line shall be coterminous
with the corresponding lot line.
Setback Area, Required. "Required setback area" means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot
line and the setback line on the same parcel.
1. Setback Area, Required Front Yard. "Required front-yard setback area" means the
setback area extending across the front of a lot between the front lot line and the
setback line. Front yards shall be measured either by a line at right angles to the
front lot line, or by a radial line in the case of a curved front lot line, except flag lots
which is the area extending across the full extent of the buildable portion of the
flag lot measured from the property line which is parallel to and nearest the street
line and at which point the lot width equals a minimum of sixty feet. The Director
of Community Development shall have the discretion to modify the provisions of
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this definition when it improves the design relationship of the proposed buildings
to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. "Required rear-yard setback area" means the
area extending across the full width of the lot between the rear lot line and the
nearest line or point of the main building.
3. Setback Area, Required Side Yard. "Required side-yard setback area" means the
area between the side lot line and the nearest line of a building, and extending
from the front setback line to the rear setback line.
"Shopping center" means a group of commercial establishments, planned, developed,
owned or managed as a unit, with off-street parking provided on the parcel.
"Shopping center," for purposes of the Sign Ordinance, means a retail entity
encompassing three or more tenants within a single building or group of buildings, but
within which individual business located in defined tenant spaces are owned and
managed separately from the shopping center management.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard
Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle
(Sidewalk Clearance at Driveway)
"Sign" means any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose of, or
identify the purpose of a person or entity, to communicate information of any kind to
the public.
1. "Animated sign" means any sign which projects action, motion or the illusion
thereof, changes intensity of illumination or changes colors, including the likes of
balloons, banners and flags, and blowing or air-powered attractions, but excluding
electronic readerboard signs and signs that display the current time or
temperature.
2. "Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway
or sidewalk, attached to a building wall, marquee, awning or arcade with the
exposed face of the sign in a plane perpendicular to the plane of the building wall.
3. "Development Identification Sign" means a ground sign at the major entry to a
residential development with twenty units or more meant to identify the name and
address of the development.
4. "Directional sign" means any sign which primarily displays directions to a
particular area, location or site.
5. "Directory sign" means any outdoor listing of occupants of a building or group of
buildings.
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6. "Electronic readerboard sign" means an electronic sign intended for a periodically-
changing advertising message.
7. "Freeway oriented sign" means any sign which is located within six hundred sixty
feet and visible from a freeway right-of-way as defined by Section 5200 of the
California Business and Professions Code.
8. "Garage sale signs" means any sign used for advertising a garage or patio sale as
defined in Chapter 5.16 of the Cupertino Municipal Code.
9. "Ground sign" means any sign permanently affixed to the ground and not
supported by a building structure. The height of the sign shall be measured from
the grade of the adjoining closest sidewalk to the top of the sign including trim.
10. "Identification sign" means any sign whose sole purpose is to display the name of
the site and the names of the occupants, their products or their services.
11. "Illegal sign" means any sign or advertising statuary which was not lawfully
erected, maintained, or was not in conformance with the provisions of this title in
effect at the time of the erection of the sign or advertising statuary or which was
not installed with a valid permit from the City.
12. "Illuminated sign" means any sign utilizing an artificial source of light to enhance
its visibility.
13. "Informational sign" means any sign which promotes no products or services, but
displays service or general information to the public, including the likes of hours of
operation, rest room identifications and hazardous warnings.
14. "Landmark sign" means an existing, legal non-conforming ground sign that has a
distinctive architectural style.
15. "Nonconforming sign" means any sign or advertising statuary that was legally
erected and had obtained a valid permit in conformance with the ordinance in
effect at the time of the erection of the sign but which became nonconforming due
to the adoption of the ordinance codified in this title.
16. "Obsolete sign" means any sign that displays incorrect or misleading information,
promotes products or services no longer available at that site or identifies departed
occupants.
17. "Off-site sign" means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster
panels, painted bulletins and other similar advertising displays.
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18. "On-site sign" means a sign directing attention to a business, commodity, service
or entertainment conducted, sold or offered upon the same premises as those upon
which the sign is maintained.
19. "Political sign" means a temporary sign that encourages a particular vote in a
scheduled election and is posted prior to the scheduled election.
20. "Portable Sign or Display" means any outdoor sign or display not permanently
attached to the ground or a structure on the premises it is intended to occupy and
displayed only during business hours. Portable sign or display includes A-frames,
flower carts, statues, and other similar devices used for advertising as determined
by the Director.
21. "Project announcement sign" means any temporary sign that displays information
pertinent to a current or future site of construction, including the likes of the
project name, developers, owners and operators, completion dates, availability and
occupants.
22. "Projecting sign" means any sign other than a wall sign that is attached to and
projects from a structure or building face or wall.
23. "Real estate sign" means a temporary sign indicating that a particular premises is
for sale, lease or rent.
24. "Roof sign" means a sign erected between the lowest and highest points of a roof.
25. "Street address sign" means any sign that displays only the street address
number(s) of the site and, at the option of the property owner, the street name.
26. "Temporary Sign" means any sign, display, banner or promotional device which is
designed or intended to be displayed only during the allowable business hours or
for short periods of time as specified by the Director of Community Development.
27. "V-shaped signs" means any sign consisting of two vertical faces, or essentially
vertical faces, with one common edge and which appears as the letter V when
viewed directly from above.
28. "Vehicle sign" means a sign painted on or attached to an operable or movable
vehicle; in the case of motor vehicles, "operable" shall be defined as having a valid
license plate.
29. "Wall sign" means any sign that is attached, erected or painted on a structure
attached to a building, a canopy structure, or the exterior wall of a building with
the exposed face of the sign parallel to the wall.
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30. "Window sign" means any sign that is intended to be read from outside of the
structure or painted on a window facing a public street, parking lot, pedestrian
plaza or walkway accessible to the public.
"Sign Area" for an individually lettered sign without a background, is measured by
enclosing the sign copy with a continuous perimeter in simple rectilinear forms. (See
Appendix D for examples of sign area calculation)
The sign area for a sign with borders and/or background is measured by enclosing the
exterior limits of the border or background with a single continuous perimeter. The
necessary supports, uprights, and/ or the base on which such sign is placed, shall be
excluded from the sign area.
When a sign is separated by thirty-six inches or more, the area of each part may be
computed separately.
"Single-family use" means the use of a parcel for only one dwelling unit.
"Specialty food stores" means uses such as bakeries, donut shops, ice cream stores,
produce markets and meat markets, or similar establishments where food is prepared
and/or sold primarily for consumption off the premises.
"Site," for purposes of the Sign Ordinance, means a piece of land as shown on a
subdivision map, record of survey map or assessor's parcel map, which constitutes one
development site and which may be composed of a single unit of land or contiguous
units under common ownership, control, or development agreement.
"Special event," for purposes of the Sign Ordinance means a temporary promotional
event including, but not limited to, a special sale on merchandise or services, or grand
openings.
"Special Event Banner" means any temporary sign constructed of pliable materials such
as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to
wind and rain without significant deterioration, and which does not require a building
permit for its construction, or installation outside of a building.
"Special needs housing," for purposes of Chapter 19.56, Density Bonus, means any
housing, including supportive housing, intended to benefit, in whole or in part, persons
identified as having special needs relating to mental health; physical disabilities;
developmental disabilities, including without limitation intellectual disability, cerebral
palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the
housing needs of persons eligible for mental health services funded in whole or in part
by the Mental Health Services Fund, as set forth in Government Code Section
65915(p)(3)(C), as may be amended.
"Specified anatomical areas" means:
1. Less than completely and opaquely covered human genitals, pubic region,
buttocks and female breast below a point immediately above the top of the areola;
and
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2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
"Specified sexual activities" means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or
female breast.
"Story" means that portion of a building, excluding a basement, between the surface of
any floor and the surface of the next floor above it, or if there is no floor above it, then
the space between the floor and the ceiling next above it.
"Street" means a public or private thoroughfare the design of which has been approved
by the City which affords the principal means of access to abutting property, including
avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley as defined in this chapter.
1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues
and portions and including extensions in the length and width, which have been
dedicated by the owners to public use, acquired for public use, or in which a public
easement for roadway purposes exists.
"Street frontage," for purposes of the Sign Ordinance, means the length of a site along
or fronting on a public or private street, driveway or other principal thoroughfare, but
does not include such length along an alley, watercourse, railroad right-of-way or
limited access roadway or freeway.
"Structure" means that which is built or constructed, an edifice or building of any kind,
or any piece of work artificially built up or composed of parts joined together in some
definite manner.
1. Structure, Recreational. "Recreational structure" means any affixed accessory
structure or portion, which functions for play, recreation or exercise (e.g., pool
slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks,
patios, hot tubs and pools) but does not include portable play structures, such as
swings or climbing apparatus.
"Structurally attached" means any structure or accessory structure or portion thereof,
which is substantially attached or connected by a roof structure or similar physical
attachment.
"Supportive housing" (per Government Code Section 65582(f), as may be amended)
means housing with no limit on length of stay, that is occupied by the target population,
and that is linked to onsite or offsite services that assist the supportive housing resident
in retaining the housing, improving his or her health status, and maximizing his or her
ability to live and, when possible, work in the community.
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SECTION 5. Subsection (7) of Table 19.20.020 of Section 19.20.020 of Chapter
19.20 of Title 19 of the Cupertino Municipal Code entitled "Permitted, Conditional and
Excluded Uses in Agricultural and Residential Zones" is hereby amended as follows:
Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and
R i n i 1Z n
Uses Zonin Districts
A A-1 R-1 RHS R1C R-2 R-3
NO CHANGE ROWS #1 -#6b
7. An accessory dwelling
unit Which conforms to
the requirements of P P P P - - -
Chapter 19.112;
NO CHANGE ROWS #8 -#42
SECTION 6. Section 19.24.040 of Chapter 19.24 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.24.040 Site Development Regulations.
A. Lot Area Zoning Designations. Minimum lot area shall correspond to the number
(multiplied by one thousand square feet) following the A zoning symbol. Examples:
Zoning Symbol Number Minimum Lot Area Square Feet
A/A1 215 215,000
A 400 400,000
A1 43 43,000
B. Minimum Lot Area:
Agricultural- Residential (A-1)
Agricultural (A) Zones
Zones
1. Minimum 215,000 square feet (with or without 215,000 square feet (with no
Lot size incidental residential use) incidental residential use)
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2. Incidental 43,000 square feet per dwelling unit. Dwelling units in farm labor
residential camps for temporary laborers, and accessory dwelling units shall not
use
be counted for the purpose of determining required lot area under this
section.
C. Required Lot Shape. Each lot in an A zoning district shall have such shape that a
square with a side of two hundred feet can be inscribed in this lot.
SECTION 7. Section 19.52.020 of Chapter 19.52 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.52.020 Applicability of Regulations.
A request for reasonable accommodation may:
A. Be made only for existing residential dwellings or accessory dwelling units.
B. Be made by any person who is defined as disabled under the Acts, when the
application of development or land use regulations act as a barrier to fair housing
opportunities.
C. Include a variance to the development or land use regulations that would
eliminate regulatory barriers and provide a person with a disability equal
opportunity to housing of their choice.
SECTION 8. Chapter 19.112 of Title 19 of the Cupertino Municipal Code is
hereby amended to be numbered, entitled, and to read as follows:
CHAPTER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1
ZONES
Section
19.112.010 Purpose.
19.112.020 Applicability of regulations.
19.112.030 Site development regulations.
19.112.040 Review process.
- 19 -
19.112.010 Purpose.
The purpose of this chapter is to promote the goal of affordable housing within the City
through provision of additional housing in certain residential and agricultural zoning
districts in a manner which minimizes adverse impacts of accessory dwelling units on
neighborhoods.
19.112.020 Applicability of Regulations.
Notwithstanding any provision of this title to the contrary, one accessory dwelling unit:
1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding
the underlying zoning, an accessory dwelling unit developed pursuant to this
chapter does not cause the lot upon which it is located to exceed its maximum the
allowable density on the lot,
2. Must comply with the site development regulations and guideline specified in
those zoning districts for dwelling units, including but not limited to, lot coverage,
floor area ratio, height, setbacks, landscape etc. the regulations contained in this
chapter, Chapter 19.100, Accessory Structures/Buildings, Chapter 19.124, Parking,
except as those standards may be modified by this Chapter;
19.112.030 Site Development Regulations. Site Development Regulations for Accessory
Dwelling Units are as identified in Table 19.112.030.
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of New addition to existing
portions of accessory dwelling unit and
existing new accessory dwelling unit
structures to an
accessory
dwelling unit
A Maximum size of
living space,
exclusive of decks
1. Lots < 10,000 800 s.f.
2. Lots >_ 10,000 1,200 s.f.
- 20 -
B• Second- story Allowed if the unit: Not allowed
accessory dwelling 1. Is a conversion of existing second story portions of
unit the principal dwelling unit; and
2. Complies with applicable landscape requirements
to adjoining dwellings consistent with Section
19.28.120.
C• Parkin
1. Parking for None One additional off-street parking space shall
accessory be provided, if the principal dwelling unit has
dwelling unit less than the minimum off-street parking
spaces for the applicable residential zoning
district in which it is located, as required in
Chapter 19.124 unless the unit meets the
following requirements:
a. Is within one-half (1/2) mile of a public
transit stop; or
b. Located in an architecturally and
historically significant historic district; or
c. Occupant of the ADU is not allowed/
offered a required on-street parking
permit; or
d. Located within one block of a car share
vehicle pick-up location.
2. Replacement a. Replacement spaces must be provided for the principal
parking spaces dwelling unit to meet the minimum off-street parking spaces
when new for the applicable residential zoning district in which it is
accessory located, as required in Chapter 19.124.
dwelling unit b. Replacement spaces may be located in any configuration on
converts the same lot as the accessory dwelling unit, including but not
existing limited to covered spaces, uncovered spaces, tandem spaces or
covered, by use of inechanical automobile parking lifts.
uncovered or c. Any replacement parking spaces provided must comply with
enclosed the development regulations for the applicable zoning district
parking spaces in which it is located, Chapter 19.124, Parking and Chapter
required for 19.100, Accessory Buildings/Structures.
the principal
dwelling unit
- 21 -
D. Direct outside 1. Independent outdoor access must be provided without
access going through the principal dwelling unit.
2. Where second-story accessory dwelling units are allowed,
access shall be provided by means of an interior staircase.
E. Screening from a All access to accessory dwelling units shall be screened from a public
public street street.
19.112.040 Review Process.
A. Applications for accessory dwelling units conforming to the requirements of this
chapter shall be reviewed ministerially without discretionary review and must be
approved or denied within the time frame specified in Government Code Section
65852.2.
B. Accessory structures should be compatible with the architectural style and materials
of the principal structure.
SECTION 8: 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 9: E ffective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 10: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 11: Continuit�.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
- 22 -
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:
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
- 23 -
III'll 111�'lll �I' "�B�M� ��m°",�"�:C°p�ml�ll I°°wl 4;�u
CHAPTER
19.04 GENERAL PROVISIONS
19.08 DEFINITIONS
1912 ADMINISTRATION
19.16 DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS
19.20 PERNIITTED,CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES
19.24 AGRICULTURAL �A� AND AGRICULTURAL—RESIDENTIAL �A-1� ZONES
19.28 SINGLE—PAMILY RESIDENTIAL (R-1� ZONES
19.32 R�SI��N'r1AZ DUPZ�x (R-2) ZON�S
19.36 MUZ'rIPZ�-PA�ZY R�SI��N'r1AZ (R-3) ZON�S
19.40 R�SI��N'r1AZ HIZZSI�� (RHS) ZON�S�
19.44 RESIDENTIAL SINGLE—PAMILY CLUSTER (R1C� ZONES
19.48 P�NC�S
19.52 REASONABLE ACCOMMODATION
19.56 DENSITY BONUS
19.60 GENERAL COMMERCIAL �CG� ZONES�
19.64 PERNIITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND INDUSTRIAL ZONING
DISTRICTS
19.68 ADNIINISTRATIVE AND PROFESSIONAL OFFICE (OA &OP� ZONES
19.72 LIGHT INDUSTRIAL �ML� AND INDUSTRIAL PARK�MP� ZONES
19.76 PUBLIC BUILDING (BA�, QUASI—PUBLIC BUILDING (BQ� AND TRANSPORTATION (T�
ZONES
19.80 PLANNED DEVELOPMENT (P� ZONES
19.84 PERNIITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AN
RECREATION AND PRIVATE RECREATION ZONING DISTRICTS �
�
19.88 OP�N SPAc� (OS) ZoN�s �
w
1992 PARK AND RECREATION (PR� ZONES �'
�
19.96 PRIVATE RECREATION (PP� ZONE c�i�
�
19.98 M��ICAZ MARIJUANA Z
19.100 ACCESSORY BUILDINGS/STRUCTURES W
E�
ct�
19.104 SIGNS U,
19.108 BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS O
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19.112 �r���n-ACCESSORY DwELLING UNITS IN R-1, RHS, A AND A-1 ZONES
19.116 CONVERSIONS OF APARTMENT PROJECTS TO COMMON INTEREST DEVELOPMENTS
36>���4> 16>�t��96.1
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19120 HOME OCCUPATIONS
19124 PARKING REGULATIONS
19128 ADULT-ORIENTED COMMERCIAL ACTIVITIES
19.132 CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GASOLINE
19.136 WIRELESS COMMUNICATIONS PACILITIES
19.140 NONCONFORMING USES AND NONCONFORMING FACILITIES
19.144 DEVELOPMENT AGREEMENTS
19.148 REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS
19.152 AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS
19.156 DEVELOPMENT PERNIITS, CONDITIONAL USE PERNIITS AND VARIANCES
19.160 TEMPORARY USES
19.164 ADNIINISTRATIVE APPROVAL OF MINOR CHANGES IN PROJECTS�
19.168 ARCHITECTURAL AND SITE REVIEW�
19.172 BELOW MARKET RATE HOUSING PROGRAM
[Sections 19.04 - 19.08- No Change]
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Section
19.08.010 Purpose and applicability.
19.08.020 General rules for construction of language.
19.08.030 Definitions.
Appendix A: Cupertino Standard Detail 7-2 Corner Triangle - Controlled
Intersections.
Appendix B: Cupertino Standard Detail 7-4 Corner Triangle - Uncontrolled
Intersections.
Appendix C: Cupertino Standard Detail 7-6 Sidewalk Site Triangle (Sidewalk
Clearance at Driveways).
Appendix D: Examples of How to Measure Sign Area.
[Sections 19.08.010—19.08.020—No Change]
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Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. "A" Definitions:
"Abandon" means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
"Abutting"means having property or district lines in common.
"Accessory building" means a building which is incidental to and customarily associated with a
specific principal use or facility and which meets the applicable conditions set forth in Chapter
19.100,Accessory Buildings/Structures. �
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�v��c���c�v�c��s cc�r�e ��t� ��c�� �����t��v��7 f�ac���t��s f�c�� c��� c��r�ec��� ��sc��s. It s�a����c��c�� �
���r�ea���t��c�v�s�c��s f�c����v�� ,�� ,-�',c�c�k��� a�c� sa��faf�c��c��t�� sar�e� �a�ce� �
and ownership as�a s�����-f�ar�e��v c��v������;�s s�t�at�c�. An accessory dwellin�unit also �'
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includes the followin�: W
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1. An efficiencv unit, as defined in Sectian 17958.1 af Health and Safetv Cade. �
V V z
2. A manufactured hame, as defined in Sectian 18007 af the Health and Safetv Cade. O
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"Accessory structure' means a subordinate structure, the use of which is purely incidental to
that of the main building and which shall not contain living or sleeping quarters. Examples
include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded.
"Addition" means any construction which increases the size of a building or facility in terms of
site coverage,height, length, width, or gross floor area ratio.
"Adjacent property" means property that abuts the subject property, including property whose
only contiguity to the subject site is a single point and property directly opposite the subject
property and located across a street.
"Adult bookstore' means a building or portion thereof used by an establishment having as a
substantial or significant portion of its stock in trade for sale to the public or certain members
thereof, books, magazines, and other publications which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to "specified sexual activities' or
"specified anatomical areas," as hereinafter defined.
"Adult cabaret" means a building or portion thereof used for dancing purposes thereof or area
used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male
or female impersonators or similar entertainers, for observations by patrons or customers.
"Adult motion picture theater'means a building or portion thereof or area, open or enclosed,
used for the presentation of motion pictures distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities' or "specified anatomical
areas," as hereinafter defined,for observation by patrons or customers.
"Advertising statuary'means a structure or device of any kind or character for outdoor
advertising purposes which displays or promotes a particular product or service,but without
name identification.
"Aerial" means a stationary transmitting and/or receiving wireless communication device
consisting of one or any combination of the elements listed below:
1. "Antenna"means a horizontal or vertical element or array, panel or dish that may be
attached to a mast or a tower for the purpose of transmitting or receiving radio or
microwave frequency signals.
2. "Mast" means a vertical element consisting of a tube or rod which supports an antenna.
3. "Tower'means a vertical framework of cross elements which supports either an antenna,
mast or both.
4. "Guy wires' means wires necessary to insure the safety and stability of an antenna, mast or
both.
"Affordable housing cost" means the amount set forth in the Health and Safety Code Section
50052.5, as may be amended.
"Affordable rent" means the amount set forth in the Health and Safety Code Section 50053, as
may be amended.
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"Affordable units' means housing units available at affordable rent or affordable housing cost
to lower or moderate income households.
"Agriculture"means the tilling of the soil,the raising of crops,horticulture,agriculture,livestock
farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard,
or plants for the reduction of animal matter or any other similar use.
"Alley" means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
"Alteration', for purposes of the Sign Ordinance,means any permanent change to a sign.
"Alteration' means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of buildings or
structures on a site, or substantial change in appearances of any building or structure.
1. "Incidental alteratiori' means any alteration to interior partitions or interior supporting
members of a structure which does not increase the structural strength of the structure; any
alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility
services,fixtures, or appliances; any addition, closing, or change in size of doors or windows
in the exterior walls; or any replacement of a building facade which does not increase the
structural strength of the structure.
2. "Structural alteration"means any alteration not deemed an incidental alteration.
"Amusement park" means a commercial facility which supplies various forms of indoor and
outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. "Adult animal" means any animal four months of age or older.
2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or similar
domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. "Small animal" means animals which are commonly found in single-family
residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
"Animal care' means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services.
"Apartment"means a room or a suite of two or more rooms which is designed for,intended for,
and occupied by one family doing its cooking there.
"Apartment house' means a building designed and used to house three or more families, living
independently of each other.
"Apartment project" means a rental housing development consisting of two or more dwelling
units.
"Approval Body' means the Director of Community Development and his/her designee, the
Planning Commission or City Council depending upon context.
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"Architectural feature"means any part or appurtenance of a building or structure which is not a
portion of the living area of the building or structure.Examples include:cornices,canopies,eaves,
awnings, fireplaces, or projecting window elements. Patio covers or any projection of the floor
area shall not constitute an architectural projection.
"Architectural projection," for purposes of the Sign Ordinance, means any permanent extension
from the structure of a building, including the likes of canopies, awnings and fascia.
"Atrium'means a courtyard completely enclosed by walls and/or fences.
"Attic' means an area between the ceiling and roof of a structure, which is unconditioned (not
heated or cooled) and uninhabitable.
"Automotive service station" means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of
food or grocery items on the same site is prohibited except for soft drinks and snack foods,either
from automatic vending machines or from shelves. The sale of alcoholic beverages on the site is
governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline.
"Automotive repair and maintenance (minor)" means the supplying of routine automotive
services such as lubrication,engine tune-ups,smog certificates,servicing of tires,brakes,batteries
and similar accessories, and minor repairs involving engine accessories. Any repair which
requires the engine, drive train,transmission assembly,exhaust system, or drive train parts to be
removed from a motor vehicle or requires the removal of internal parts shall not be considered
minor. Body and paint shop operations are not minor repairs or maintenance.
"Average slope' means the ratio between vertical and horizontal distance expressed in percent;
the mathematical expression is based upon the formula described below:
S_�IxLx1001
A �
S=Average slope of ground in percent; L =Combined length in feet of all contours on parcel;
I= Contour interval in feet; A=Area of parcel in square feet.
B. "B" Definitions:
[NO CHANGE]
C. "C" Definitions:
[NO CHANGE]
D. "D" Definitions:
"Day care center"means any child day care facility,licensed by the State or County,other than
a family day care home, and includes infant centers, preschools, and extended day care
facilities.
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Day Care Home, Family. "Family day care home" means a home, licensed by the State or
County, which regularly provides care, protection and supervision for fourteen or fewer
children, in the provider's own home, for periods of less than twenty-four hours per day,
while the parents or guardian are away, and includes the following:
1. "Large-family day care home," which means a home which provides family day care for
seven to fourteen children,inclusive,including children under the age of ten years who reside
at the home, as set forth in the California Health and Safety Code Section 1597.465;
2. "Small-family day care home," which means a home which provides family day care to
eight or fewer children,including children under the age of ten years who resides at the home,
as set forth in the California Health and Safety Code Section 1597.44.
"Decorative statuary," for purposes of the Sign Ordinance, means any structure or device of
any kind or character placed solely for aesthetic purposes and not to promote any product or
service.
"Demonstrated safety" means a condition requiring protection from the threat of danger,
harm, or loss, including but not limited to the steepness of a roadway or driveway that may
create a hazardous parking situation in front of a gate.
"Demonstrated security" means a condition requiring protection from the potential threat of
danger,harm or loss,including but not limited to a location that is isolated and invisible from
public view or that has experienced documented burglary, theft, vandalism or trespassing
incidences.
"Density bonus"means a density increase over the otherwise maximum allowable residential
density in accordance with the provisions of Chapter 19.56 as of the date of the project
application.
"Developer" means the owner or subdivider with a controlling proprietary interest in the
proposed common interest development, or the person or organization making application,
or a qualified applicant who has entered into a development agreement pursuant to the
procedures specified in Chapter 19.144.
"Development agreement" means a development agreement enacted by legislation between
the City and a qualified applicant pursuant to Government Code Sections 65864 through
65869.5.
"Development standard" means a site or construction regulation, including, but not limited
to, a setback requirement, a floor area ratio, and onsite open-space requirement, or a parking
ratio that applies to a development pursuant to any ordinance, general plan element, specific
plan, charter, or other local condition, law, policy,resolution, or regulation.
"District" means a portion of the property within the City within which certain uses of land,
premises and buildings are permitted and certain other uses of land, premises and buildings
are prohibited,and within which certain yards and other open spaces are required and certain
building site areas are established for buildings, all as set forth and specified in this title.
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"Drinking establishment"means an activity that is primarily devoted to the selling of alcoholic
beverages for consumption on the premises.
"Drive-through establishment"means an activity where a portion of retailing or the provision
of service can be conducted without requiring the customer to leave his or her car.
"Driveway"means any driveway that provides direct access to a public or private street.
Driveway, Curved. "Curved driveway" means a driveway with access to the front property
line which enters the garage from the side at an angle of sixty degrees or greater to the front
curbline and which contains a functional twenty-foot-deep parking area that does not �
overhang the front property line. �
"Duplex" means a building, on a lot under one ownership, containing not more than two w
kitchens, designed and used '� '��„�^ r�' ���-� ''��„ '�°�� F�m;';^� as twa dwellin� units, af �
camparable size�independent�of each other. a
U
"Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking Z
and sanitation facilities, constituting a separate and independent housekeeping unit, �
occupied or intended for occupancy on a non_transient basis and having not U
more than one kitchen. Z
w
E. "E" Definitions: c�n
�
�
[NO CHANGE] Z
O
F. "F" Definitions: U
[NO CHANGE]
G. "G" Definitions:
[NO CHANGE]
H. "H" Definitions:
[NO CHANGE]
L "P' Definitions:
[NO CHANGE]
J. "J" Definitions:
[NO CHANGE]
K. "K" Definitions:
[NO CHANGE]
L. "L" Definitions:
"Landscaping" means an area devoted to or developed and maintained with native or exotic
planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative
outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of
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rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage
areas), and sculptural elements.
"Late evening activities" means an activity which maintains any hours of operation during the
period of eleven p.m. to seven a.m.
"Legal substandard lot" means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in the
zone;or lots or parcels of record which are reduced to a substandard lot size as a result of required
street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of
a legally created, substandard property which is less than six thousand square feet but equal to
or greater than five thousand square feet may utilize such parcel for residential purposes. The
owner of a legally created parcel of less than five thousand square feet may also develop the site
as a single-family residential building site if it can be demonstrated that the property was not
under the same ownership as any contiguous property on the same street frontage as of or after
July 1, 1984.
"Lightwell" means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
"Liquor store" means a use requiring a State of California "off-sale general license' (sale for off-
site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total
dollar sales accounted for by beverage covered under the off-sale general license.
"Living space'means habitable space and sanitation. p
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H
"Loading space' means an area used for loading or unloading of goods from a vehicle in U
connection with the use of the site on which such space is located. �,
�
"Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an �
accessory building an a transient basis U
' , ' ,whether or not meals Q
z
are provided to the person.Lodging shall be subject to the residential density requirements of the Q
district in which the use is located. U
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"Lodging unit" means a room or group of rooms not including a kitchen, used or intended for �
use by e���transient occupants as a single unit, whether located in a hotel or a dwelling �
unit providing lodging where designed or used for occupancy by more than two persons; each O
two-person capacity shall be deemed a separate lodging unit for the purpose of determining U
residential density; each two lodging units shall be considered the equivalent of one dwelling
unit.
"Lot" means a parcel or portion of land separated from other parcels or portions by description,
as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease
or separate use.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on
two or more adjacent sides by street lines.
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2. "Flag lot" means a lot having access to a street by means of a private driveway or parcel of
land not otherwise meeting the requirement of this title for lot width.
3. "Interior lot" means a lot other than a corner lot.
4. "Key lot"means the first lot to the rear of a corner lot,the front line of which is a continuation
of the side line of the corner lot, and fronting on the street which intersects or intercepts the
street on which the corner lot fronts.
"Lot area" means the area of a lot measured horizontally between boundary lot lines, but
excluding a portion of a flag lot providing access to a street and lying between a front lot line and
the street, and excluding any portion of a lot within the lines of any natural watercourse, river,
stream, creek, waterway, channel or flood control or drainage easement and excluding any
portion of a lot acquired, for access and street right-of-way purposes, in fee, easement or
otherwise.
"Lot coverage' means the following:
1. "Single-family residential use" means the total land area within a site that is covered by
buildings, including all projections, but excluding ground-level paving, landscape features,
lightwells, and open recreational facilities. Sheds are included in lot coverage.
2. "All other uses except single-family residential"means the total land area within a site that is
covered by buildings,but excluding all projections, ground-level paving, landscape features,
and open recreational facilities.
"Lot depth"means the horizontal distance from the midpoint of the front lot line to the midpoint
of the rear lot line, or to the most distant point on any other lot line where there is no clear rear
lot line.
"Lot line' means any boundary of a lot.
1. "Front lot line' means on an interior lot, the lot line abutting a street, or on a corner lot, the
shorter lot line abutting a street,or on a flag lot,the interior lot line most parallel to and nearest
the street from which access is obtained. Lot line length does not include arc as identified on
comer parcels.
2. "Interior lot line' means any lot line not abutting a street.
3. "Rear lot line' means the lot line not intersecting a front lot line which is most distant from
and the most closely parallel to the front lot line. A lot bounded by only three lot lines will
not have a rear lot line.
4. "Side lot line' means any lot line which is not a front or rear lot line.
5. "Street lot line'means any lot line abutting a street.
"Lot of record" means a lot which is part of a subdivision recorded in the office of the County
Recorder, or a lot or parcel described by metes and bounds which has been recorded.
"Lot width"means the horizontal distance between side lot lines,measured at the required front
setback line.
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"Lower-income household" means a household whose gross income does not exceed that
established by Health and Safety Code Section 50079.5, as may be amended.
M. "M" Definitions:
[NO CHANGE]
N. "N" Definitions:
[NO CHANGE]
O. "O" Definitions:
[NO CHANGE]
P. "P" Definitions:
[NO CHANGE]
Q. "Q" Definitions:
[NO CHANGE]
R. "R" Definitions:
[NO CHANGE]
S. "S" Definitions:
"Screened"means shielded, concealed, and effectively hidden from view at an elevation of up
to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet
of a lot line,by a fence, wall,hedge,berm, or similar structure, architectural or landscape
feature, or combination thereof.
„ � ��
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"Senior citizens"means: c1'
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1. Persons at least sixty-two years of age; or W
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2. Persons at least fifty-five years of age or otherwise qualified to reside in a senior citizen �
housing development, in accordance with State and federal law. �
"Senior citizen housing development" means a housing development with at least thirty-five U
dwelling units as defined in the Civil Code Section 51.3, or a mobilehome park that limits
residency based on age requirements for housing for older persons pursuant to Section 798.76
or 799.5 of the Civil Code, as may be amended.
"Setback line' means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-of-way
or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established
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to govern the location of buildings, structures or uses. Where no minimum front, side or rear
yards are specified, the setback line shall be coterminous with the corresponding lot line.
Setback Area, Required. "Required setback area"means open space,unoccupied and
unobstructed from the ground upward, except as provided in this title,between the lot line and
the setback line on the same parcel.
1. Setback Area, Required Front Yard. "Required front-yard setback area" means the setback
area extending across the front of a lot between the front lot line and the setback line.
Front yards shall be measured either by a line at right angles to the front lot line, or by a
radial line in the case of a curved front lot line, except flag lots which is the area extending
across the full extent of the buildable portion of the flag lot measured from the property
line which is parallel to and nearest the street line and at which point the lot width equals
a minimum of sixty feet.The Director of Community Development shall have the
discretion to modify the provisions of this definition when it improves the design
relationship of the proposed buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. "Required rear-yard setback area"means the area
extending across the full width of the lot between the rear lot line and the nearest line or
point of the main building.
3. Setback Area, Required Side Yard. "Required side-yard setback area"means the area
between the side lot line and the nearest line of a building, and extending from the front
setback line to the rear setback line.
"Shopping center"means a group of commercial establishments, planned, developed, owned or
managed as a unit, with off-street parking provided on the parcel.
"Shopping center," for purposes of the Sign Ordinance,means a retail entity encompassing
three or more tenants within a single building or group of buildings,but within which
individual business located in defined tenant spaces are owned and managed separately from
the shopping center management.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail7-6.
(See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at
Driveway)
"Sign" means any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose
of a person or entity, to communicate information of any kind to the public.
1. "Animated sign" means any sign which projects action, motion or the illusion thereof,
changes intensity of illumination or changes colors, including the likes of balloons,
banners and flags, and blowing or air-powered attractions,but excluding electronic
readerboard signs and signs that display the current time or temperature.
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2. "Blade sign"means a pedestrian oriented sign, adjacent to a pedestrian walkway or
sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of
the sign in a plane perpendicular to the plane of the building wall.
3. "Development Identification Sign"means a ground sign at the major entry to a residential
development with twenty units or more meant to identify the name and address of the
development.
4. "Directional sign"means any sign which primarily displays directions to a particular area,
location or site.
5. "Directory sign" means any outdoor listing of occupants of a building or group of
buildings.
6. "Electronic readerboard sign" means an electronic sign intended for a periodically-
changing advertising message.
7. "Freeway oriented sign"means any sign which is located within six hundred sixty feet
and visible from a freeway right-of-way as defined by Section 5200 of the California
Business and Professions Code.
8. "Garage sale signs"means any sign used for advertising a garage or patio sale as defined
in Chapter 5.16 of the Cupertino Municipal Code.
9. "Ground sign' means any sign permanently affixed to the ground and not supported by a
building structure. The height of the sign shall be measured from the grade of the
adjoining closest sidewalk to the top of the sign including trim.
10. "Identification sign" means any sign whose sole purpose is to display the name of the site
and the names of the occupants, their products or their services.
11. "Illegal sign"means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the time
of the erection of the sign or advertising statuary or which was not installed with a valid
permit from the City.
12. "Illuminated sign"means any sign utilizing an artificial source of light to enhance its
visibility.
13. "Informational sign" means any sign which promotes no products or services,but
displays service or general information to the public, including the likes of hours of
operation,rest room identifications and hazardous warnings.
14. "Landmark sign"means an existing,legal non-conforming ground sign that has a
distinctive architectural style.
15. "Nonconforming sign"means any sign or advertising statuary that was legally erected
and had obtained a valid permit in conformance with the ordinance in effect at the time of
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the erection of the sign but which became nonconforming due to the adoption of the
ordinance codified in this title.
16. "Obsolete sign"means any sign that displays incorrect or misleading information,
promotes products or services no longer available at that site or identifies departed
occupants.
17. "Off-site sign"means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster panels,
painted bulletins and other similar advertising displays.
18. "On-site sign" means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which the
sign is maintained.
19. "Political sign" means a temporary sign that encourages a particular vote in a scheduled
election and is posted prior to the scheduled election.
20. "Portable Sign or Display'means any outdoor sign or display not permanently attached
to the ground or a structure on the premises it is intended to occupy and displayed only
during business hours.Portable sign or display includes A-frames, flower carts, statues,
and other similar devices used for advertising as determined by the Director.
21. "Project announcement sign" means any temporary sign that displays information
pertinent to a current or future site of construction, including the likes of the project name,
developers, owners and operators, completion dates, availability and occupants.
22. "Projecting sign" means any sign other than a wall sign that is attached to and projects
from a structure or building face or wall.
23. "Real estate sign' means a temporary sign indicating that a particular premises is for sale,
lease or rent.
24. "Roof sign" means a sign erected between the lowest and highest points of a roof.
25. "Street address sign" means any sign that displays only the street address number(s) of
the site and, at the option of the property owner, the street name.
26. "Temporary Sign" means any sign, display,banner or promotional device which is
designed or intended to be displayed only during the allowable business hours or for
short periods of time as specified by the Director of Community Development.
27. "V-shaped signs' means any sign consisting of two vertical faces, or essentially vertical
faces, with one common edge and which appears as the letter V when viewed directly
from above.
28. "Vehicle sign"means a sign painted on or attached to an operable or movable vehicle;in
the case of motor vehicles, "operable' shall be defined as having a valid license plate.
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29. "Wall sign"means any sign that is attached,erected or painted on a structure attached to a
building, a canopy structure, or the exterior wall of a building with the exposed face of the
sign parallel to the wall.
30. "Window sign" means any sign that is intended to be read from outside of the structure or
painted on a window facing a public street, parking lot, pedestrian plaza or walkway
accessible to the public.
"Sign Area" for an individually lettered sign without a background, is measured by enclosing
the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for
examples of sign area calculation)
The sign area for a sign with borders and/or background is measured by enclosing the exterior
limits of the border or background with a single continuous perimeter. The necessary supports,
uprights, and/or the base on which such sign is placed, shall be excluded from the sign area.
When a sign is separated by thirty-six inches or more, the area of each part may be computed
separately.
"Single-family use'means the use of a parcel for only one dwelling unit.
"Specialty food stores'means uses such as bakeries, donut shops, ice cream stores, produce
markets and meat markets, or similar establishments where food is prepared and/or sold
primarily for consumption off the premises.
"Site," for purposes of the Sign Ordinance,means a piece of land as shown on a subdivision
map, record of survey map or assessor's parcel map, which constitutes one development site
and which may be composed of a single unit of land or contiguous units under common
ownership, control, or development agreement.
"Special event," for purposes of the Sign Ordinance means a temporary promotional event
including,but not limited to, a special sale on merchandise or services, or grand openings.
"Special Event Banner'means any temporary sign constructed of pliable materials such as
canvas, fabric,vinyl plastic or similar materials which will withstand exposure to wind and rain
without significant deterioration, and which does not require a building permit for its
construction, or installation outside of a building.
"Special needs housing," for purposes of Chapter 19.56, Density Bonus, means any housing,
including supportive housing, intended to benefit, in whole or in part, persons identified as
having special needs relating to mental health;physical disabilities; developmental disabilities,
including without limitation intellectual disability, cerebral palsy,epilepsy, and autism; and
risk of homelessness, and housing intended to meet the housing needs of persons eligible for
mental health services funded in whole or in part by the Mental Health Services Fund, as set
forth in Government Code Section 65915(p)(3)(C), as may be amended.
"Specified anatomical areas'means:
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1. Less than completely and opaquely covered human genitals, pubic region,buttocks and
female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
"Specified sexual activities'means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region,buttocks or female
breast.
"Story" means that portion of a building,excluding a basement,between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then the space
between the floor and the ceiling next above it.
"Street"means a public or private thoroughfare the design of which has been approved by the
City which affords the principal means of access to abutting property, including avenue, place,
way, drive, lane,boulevard,highway,road, and any other thoroughfare except an alley as
defined in this chapter.
1. Street, Public. "Public street"means all streets,highways, lanes, places, avenues and
portions and including extensions in the length and width,which have been dedicated by
the owners to public use, acquired for public use, or in which a public easement for
roadway purposes exists.
"Street frontage," for purposes of the Sign Ordinance,means the length of a site along or
fronting on a public or private street, driveway or other principal thoroughfare,but does not
include such length along an alley, watercourse, railroad right-of-way or limited access
roadway or freeway.
"Structure' means that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner.
1. Structure, Recreational. "Recreational structure'means any affixed accessory structure or
portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree
houses, swings, climbing apparatus, gazebos, decks, patios,hot tubs and pools) but does
not include portable play structures, such as swings or climbing apparatus.
"Structurally attached"means any structure or accessory structure or portion thereof,which is
substantially attached or connected by a roof structure or similar physical attachment.
"Supportive housing" (per Government Code Section 65582(f), as may be amended)means
housing with no limit on length of stay, that is occupied by the target population, and that is
linked to onsite or offsite services that assist the supportive housing resident in retaining the
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housing, improving his or her health status, and maximizing his or her ability to live and,when
possible,work in the community.
T. "T" Definitions:
[NO CHANGE]
U. "U" Definitions:
[NO CHANGE]
V. "V" Definitions:
[NO CHANGE]
W. "W" Definitions:
[NO CHANGE] �
X. "X" Definitions: a
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Y. "Y" Definitions U
[NO CHANGE] W
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Z. "Z" Definitions: "'
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[Sections 19.12 - 19.20.010- No Change]
Table 19.20.020-Permitted,Conditional and Excluded Uses in Agricultural and Residential Zones
Uses Zonin Districts
A A-1 R-1 RHS R1C R-2 R-3
NO CHANGE ROWS #1- #6b
7. An accessarv ^ "" `�"`'
dwelling unit Which canfarms ta
the rec�uirements af Chapter P P P P = _ _
19.112;
T A T L,;,.1, ,. ,-.Fr.,.,V,r +r.+l,.,
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^ r^ �c �c �c �c
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NO CHANGE ROWS #8- #42
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[Sections 19.20.030 - 19.24.040 (A) No Change]
B. Minimum Lot Area:
Agricultural (A) Zones Agricultural- Residential (A-1)
Zones
1. Minimum 215,000 square feet(with or without 215,000 square feet(with no
Lot size incidental residential use) incidental residential use)
2. Incidental
43,000 square feet per dwelling unit. Dwelling units in farm labor camps for
residential use
temporary laborers, and�accessarv dwelling units shall not be
counted for the purpose of determining required lot area under this section.
[Sections 19.24.040 (C) - 19.52.010 No Change]
�9a52a020 A. lic�bility of ��ul�tio sa
A request for reasonable accommodation may:
A. Be made only for existing residential dwellings or se�e�accessarv dwelling units.
B. Be made by any person who is defined as disabled under the Acts,when the application of
development or land use regulations act as a barrier to fair housing opportunities. �
C. Include a variance to the development or land use regulations that would eliminate W
regulatory barriers and provide a person with a disability equal opportunity to housing of �'
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their choice. �'
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[Sections 19.52.030 - 19.112 No Change] �
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�.I�II[!�III"` III'lll',���` "�e�� "'�"�F�°�� ��''r'r"`rT`' ACCESSO Y lll::�ll✓`�lll'�I,�[ ll I°°w14;'� �I�1I°°wl ll III�';�°b ll I°°wl �����"�� ����I@�III"°b� �. /�I°°wllll::� ��":� �
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Section
19.112.010 Purpose.
19.112.020 Applicability of regulations.
19.112.030 Site development regulations.
19.112.040 ^�-^'�;+^^+„�-^� r ^�Review pracess.
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19.112.010 I����a�se.
The purpose of this chapter is to promote the goal of affordable housing within the City through
provision of additional housing in certain residential and agricultural zoning districts �.,�
,,��a ,.+�.,,,,�.,;r„ k„ r,,,.i,;k;+„�a ;r +�„...,, �a;r+,,;,,+r, in a manner which minimizes adverse impacts
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�e-af accessar,y dwellin�units an neighborhoods.
19.112.020 A��li�alaility r�f IZe��latir��s.
Notwithstanding any provision of this title to the contrary, � ��^�r�'ry„ane accessarv dwelling
unit:
1. -�Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, natwithstanding the
underlyin zg- anin�, an accessarv dwelling unit develaped pursuant ta this chapter daes nat
cause the lotr upon which it is located-to exceed its maximum fihe allowable density on the
lat, �
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2_i,,,.�,;�a„�a +�,.,+ ;r .,�a�a;+.,.r ��.Must comply�g with the site development regulations and a
�uideline specified in those zanin districts for dwelling units, includin�but nat limited ta, �
lat caverage, flaar area ratia, hei�ht, setbacks, landscape etc. �,_,^'� .��^�r�' �'�°�^";r� ,_,�;+ �
^rymN';^r �°�;+� the regulations contained in this chapterL-�_Chapter 19.100r Accessarv �
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StructureslBuildin�s, Chapter 19.124, �-Parkin�, except as thase standards ma� Z
madified by this Chapter; W
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19.112.030 Site evela�� e�t e��latia��s. Z
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Site Development Regulations for �ee�-Accessarv Dwelling Units are as identified in Table
19.112.030.
Table 19.112.030: Site Development Regulations for Accessory Dwellin�Units
r „+� ��n�nnn �,�Attached to Princival Dwellin�Unit r „+� ��n�nnn
Conversion of New addition to existin�accessor� �Detached
vortions of dwellin�unit and
existin�structures new accessorv dwelling unit
to an accessorv
dwelling unit
A Maximum size of ��. ��.
living space,exclusive
of decks and garages
1. Lats< 10,000 s.f. 800 s.f.
2. Lots>_ 10,000 s.f. 1,200 s.f.
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Table 19.112.030: Site Development Regulations for Accessory wellin Units
T „�.,. ��n�nnn �,c Attached to Principal Dwelling Unit T ^�^ ��n�nnn
Conversion of New addition to existin�accessorX s�Detached
vortions of dwellin�unit and
existin�structures new accessorY dwellin�unit
to an accessorv
dwellin�unit
T „ .�+°„
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B. Secand-starv Allawed if the unit: Nat allawed
accessarv 1. �isIs a canversian af existin�secand stary partians af �
dwellin�unit the principal dwellin�unit; and �
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2. Ti,,,r>;r,,,,+,.r ,.�r,.,�,,,,,,,,r;+e>r>„�.,,,�.�,,,,,,r+�.,,�ar+i,.,++i,,, �,
° Camplies with U
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�plicable landscape rec�uirements H
consistent with Section 1928.120. `�'
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c. Parkin� o
1. Parkin� far Nane One additianal aff-street narkin� space shall be
accessorv provided, if the principal dwellin� unit has less
dwellin�unit than the minimum aff-street parkin�spaces far the
applicable residential zonin� district in which it is
lacated, as rec�uired in Chapter 19.124 unless the
unit meets the fallawin�rec�uirements:
a. Is wifihin one-half (1/2� mile of a public iransit
stop; or
b. Located in an architecturally and historically
s�nificant historic disirict; or
c. Occupant af the ADU is nat allawed/affered a
rec�uired an-street parking�ermit;ar
�a-d.Located within one block of a car share vehicle
pick-up location.
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Table 19.112.030: Site Development Regulations for Accessory wellin Units
T „�.,. ��n�nnn �,c Attached to Principal Dwelling Unit T ^�^ ��n�nnn
Conversion of New addition to existin�accessorX s�Detached
vortions of dwellin�unit and
existin�structures new accessorY dwellin�unit
to an accessorv
dwellin�unit
2. Renlacement a.____Replacement spaces must be pravided far the principal dwellin unit
parking sp,� aces ta meet the minimum aff-street parkin� spaces far the applicable
when new residential zonin�disirict in which it is located,as rec�uired in Chapter
accessorv 19.124.
dwellin�unit b. Replacement spaces may be lacated in any canfi�uratian an the same
converts existin� lot as fihe accessory dwellin�unit,includin�but not limited to covered
covered, spaces, uncovered spaces, tandem spaces or bv use of inechanical
uncavered ar autamabile parking lifts.
enclased parking �c.Anv replacement parking spaces pravided must camplv with the
spaces rec�uired development re�ulations for fihe applicable zonin�district in which it
far the principal is_lacated, Chapter 19.124, Parkin� and Chapter 19.100, Accessar�
dwellin�unit Buildin�s/Structures.
E Direct r'�����=autside 1. Independent autdaar access�4must be provided without going �
D. �access through the principal dwelling unit. a
-�2.Where second-story accessory dwelling units are allowed, access H
shall be pravided by means af an interiar staircase. �
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E Screening from a All access to accessarv dwellin�units shall be screened from a U
B. public street public street. W
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19.112.40 ^�^"�'�^^'�����' '�^'•�^��-Review Process.
A•Applications for accessory dwellin�units conformin�to fihe rec�uirements of this chapter shall
be reviewed ministeriallv withaut discretianarv review and must be appraved ar denied within
the time frame specified�in Gavernment Cade Sectian 658522.
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B. Accessory siructures should be compatible with the architectural stvle and materials of the
principal structure.
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