Reso 6914 Page 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6914
OF THE CUPERTINO PLANNING COMMISSION RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE TO ADD CHAPTER 19.102: GLASS AND
LIGHTING STANDARDS AND TO AMEND CHAPTER 19.08 DEFINITIONS,
CHAPTER 19.40 RESIDENTIAL HILLSIDE (RHS) ZONES, CHAPTER 19.60 GENERAL
COMMERCIAL (GC) ZONES, CHAPTER 19.72 LIGHT INDUSTRIAL (ML) AND
INDUSTRIAL PARK (MP) ZONES, AND CHAPTER 19.124 PARKING REGULATIONS
TO IMPLEMENT BIRD-SAFE AND DARK SKY POLICIES
The Planning Commission recommends the City Council:
1. Find that the Ordinance is exempt from environmental review under
California Environmental Quality Act ("CEQA") Guidelines section 15308
because these regulations are being adopted to assure the maintenance,
restoration, enhancement, or protection of the environment; CEQA Guidelines
section 15301 because the regulations would result in the minor alteration of
existing public or private structures without any expansion of use; CEQA
Guidelines section 15305 because the regulations involve minor alterations in
land use limitations that do not alter permitted uses or density; and CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty that these
regulations related to glazing and lighting will have no possibility of a
significant effect on the environment; and that none of the exceptions in CEQA
Guidelines section 15300.2 apply; and
2. Adopt the proposed Ordinance, with the findings reflected in the proposed
Ordinance, which the Planning Commission makes as though set forth in their
entirety in this Resolution, in substantially the form as shown in said Exhibit
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CITY CODE TO ADD CHAPTER
19.102: GLASS AND LIGHTING STANDARDS AND TO
AMEND CHAPTER 19.08 DEFINITIONS, CHAPTER 19.40
RESIDENTIAL HILLSIDE (RHS) ZONES, CHAPTER 19.60
GENERAL COMMERCIAL (GC) ZONES, CHAPTER 19.72
1
Page 2
LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP)
ZONES, AND CHAPTER 19.124 PARKING REGULATIONS
TO IMPLEMENT BIRD-SAFE AND DARK SKY POLICIES
PASSED AND ADOPTED this 27th day of October 2020, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Moore, Takahashi, Saxena, Fung
NOES: COMMISSIONERS: Vice Chair Wang
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
for
Benjamin Fu Kitty Moore
Director of Community Development Chair, Planning Commission
R Wang Acting Chair for Kitty Moore
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TO ADD CHAPTER 19.102: GLASS AND LIGHTING
STANDARDS AND TO AMEND CHAPTER 19.08 DEFINITIONS, CHAPTER 19.40
RESIDENTIAL HILLSIDE (RHS) ZONES, CHAPTER 19.60 GENERAL
COMMERCIAL (GC) ZONES, CHAPTER 19.72 LIGHT INDUSTRIAL (ML) AND
INDUSTRIAL PARK (MP) ZONES,AND CHAPTER 19.124 PARKING
REGULATIONS TO IMPLEMENT BIRD-SAFE AND DARK SKY POLICIES
The City Council of the City of Cupertino finds that:
WHEREAS, while the City has certain General Plan Goals, Policies and Strategies that
support bird-safe and dark sky goals, it does not have regulations to promote effective
Bird-safe and Dark Sky policies, and that the proposed new Chapter 19.102: Glass and
Lighting and amendments to Chapter 19.08, 19.40. 19.60, 19.72, and 19.124 will provide
effective standards to promote Bird-safe and Dark Sky policies;
WHEREAS, on October 28, 2019, Planning Commission provided staff guidance on
potential Bird-safe and Dark Sky policies and guidelines;
WHEREAS, community meetings were held on February 12, 2020 and February 20,
2020 to allow the public an opportunity to review and provide comments on the
preliminary development standards;
WHEREAS, following public notices given as required by the procedural ordinances
of the City of Cupertino and the Government Code, the Planning Commission held a
public hearing on August 11, 2020 and October 27, 2020 to consider the Ordinance; and
WHEREAS, with Resolution No. XXXX the Planning Commission has recommended
on a X-X vote that the City Council adopt the Ordinance amending the Municipal Code
in substantially similar form as presented in Planning Commission Resolution No.XXXX;
and
WHEREAS, on 2020 upon due notice, the City Council has held at least
one public hearing to consider the Planning Commission's recommendation and the
Ordinance; and
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council does find as follows:
a. That the proposed zoning is in accord with this title of the Municipal Code and the
City's Comprehensive General Plan.
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The Ordinance does not change any zoning designations, but rather it modifies Title 19:
Zoning by adding a new chapter to create development standards for the implementation
of regulations that support Bird-Safe and Dark Sky policies. The proposed amendments do
not render existing provisions of the Municipal Code inconsistent with those proposed.
The proposed amendments will also support the following General Plan Goals, Policies,
and Strategies:
■ Goal LU-3:Ensure that project site planning and building design enhance the public
realm through a high sense of identity and connectivity.
■ Policy LU-3.3: Building Design: Ensure that building layouts and design are
compatible with the surrounding environment and enhance the streetscape and
pedestrian activity.
■ Strategy LU-3.3.1: Attractive Design — Emphasize attractive building and site
design by paying careful attention to building scale, mass, placement, architecture,
materials, landscaping, screening of equipment, loading areas, signage and other
design considerations.
■ Goal LU-12: Preserve and protect the City's hillside natural habitat and aesthetic
values.
■ Goal ES-5:Protect the city's urban and rural ecosystems.
■ Policy ES-5.1: Urban Ecosystem —Manage the public and private development to
ensure the protection and enhancement of its urban ecosystem.
■ Strategy ES-5.2.1:Riparian Corridor Protection—Require the protection of riparian
corridors through the development approval process.
The adopted regulations will support protection of riparian corridors by allowing native
wildlife,particularly nocturnal wildlife, corridors to travel along without interruptions by
light intrusion. The regulations will also minimize bird fatalities by reducing overall
illumination, which works to confuse birds and their migration patterns. The regulations
will also encourage incorporation of bird-safe mitigations which will reduce the number of
bird collisions. Further, the proposed ordinance includes policies to reduce the negative
effects of light pollution on humans by ensuring adequate lighting to a site, preventing
light trespass to adjacent properties, and ensuring that unnecessary lighting is
extinguished at night.
b. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The proposed Ordinance is exempt from environmental review under California
Environmental Quality Act ("CEQA") Guidelines section 15308 because these
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regulations are being adopted to assure the maintenance, restoration, enhancement, or
protection of the environment, CEQA Guidelines section 15301 because the regulations
would result in the minor alteration of existing public or private structures without any
expansion of use, CEQA Guidelines section 15305 because the regulations involve minor
alterations in land use limitations that do not alter permitted uses or density, and CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty that these regulations
related to glazing and lighting will have no possibility of a significant effect on the
environment, and that none of the exceptions in CEQA Guidelines section 15300.2 apply.
c. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical
constraints) for the requested zoning designation(s) and anticipated land use
development(s).
Not applicable. The proposed ordinance amendments do not change the zoning designation
for any properties, nor does it change any land uses allowed. The amendments also do not
propose any physical changes in the environment or increased development.
d. The proposed zoning will promote orderly development of the City.
By creating regulations for Bird-Safe and Dark-Sky development standards, the ordinance
will promote orderly and consistent implementation of the regulations for development in
the City.
e. That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The proposed ordinance provides regulation to maintain the health, safety, peace, morals
and general welfare of persons residing or working in the City by providing regulations
that limit adverse impacts of development on the natural and built environment pertaining
to birds and the night sky.
f. The proposed amendments are internally consistent with this title.
All the necessary chapters and sections of Title 19: Zoning have been amended to ensure
internal consistency with the proposed regulations.
NOW, THEREFORE,THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
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SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Ouality Act.
The proposed ordinance is exempt from environmental review under the California
Environmental Quality Act ("CEQA") Guidelines Section 15308 since these regulations
are being adopted to assure the maintenance, restoration, enhancement, or protection of
the environment. Further, the proposed ordinance is exempt from CEQA under CEQA
Guidelines section 15301 because it would result in the minor alteration of existing public
or private structures without any expansion of use and under CEQA Guidelines Section
15305 because the proposed ordinance involves minor alteration in land use limitations
that do not alter permitted uses or density. Finally, the proposed ordinance is exempt
from CEQA under CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty the Ordinance's regulation related to glazing and lighting will have no possible
significant effect on the environment. None of the exceptions listed in CEQA Guidelines
section 15300.2 apply to the proposed ordinance
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
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prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on
, 2020 and ENACTED at a regular meeting of the Cupertino City
Council on , 2020 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
Kirsten S uarcia, City Clerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
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Attachment A—An Ordinance of the City of Cupertino to implement Bird-safe
and Dark Sky policies and guidelines
This ordinance amends several portions of the Municipal Code. For ease of review, the
amendments advancing the primary objective are presented first followed by conforming
amendments. There is a separate heading in bold italics for each portion of the Code being
amended. Each portion is shown beginning on a separate page.
The sections of the Cupertino Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double-underlined text (exam)
and text to be deleted in shown in strikethrough (fie). Text in existing
provisions is not amended or readopted by this Ordinance. Text in italics is
explanatory and is not an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City
Code, the new section is shown in plain text.
1. Amendments to Title 19:Zoning adding Chapter 19.102: Glazing and Lighting
Standards
19.102 GLASS AND LIGHTING STANDARDS
19.102.010 Purpose
19.102.020 Applicability of regulations
19.102.030 Bird-safe Development Requirements
19.102.040 Outdoor Lighting Requirements
19.102.010 Purpose
The purpose of this chapter is to regulate design and construction of structures and
accessory elements in all zoning districts to protect the natural environment,
particularly enhancing bird-safety and reducing light pollution. This Chapter
establishes regulations to reduce bird mortality from windows or other specific glass
features that are known to increase the risk of bird collisions and to reduce light
pollution that is known to contribute to bird mortality and reduced visibility of the
night sky.
19.102.020 Applicability of regulations
Whenever an applicant is required to obtain a building permit or a Permit pursuant
to Title 19,the project shall meet the requirements of this Chapter. The following
table indicates the applicability of regulations by type of project:
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Type of Development Applicable Sections
A. New primary or accessory building or Sections 19.102.030 and 19.102.040
structure construction
B. Complete or Partial Remodel of primary or Sections 19.102.030 and 19.102.040
accessory buildings or structures apply to remodeled portions
C. Landscaping projects (in conjunction with or Section 19.102.040
separate from a constructionproject)
D. New or replacement glass windows, doors, Section 19.102.030 applies to new
or features windows, doors, or features
E. New or replacement exterior lighting Section 19.102.040
F. Exemptions See Sections 19.102.030(E) and
19.102.040 (D)
19.102.030 Bird-safe Development Requirements
A. Application submittal requirements: In addition to the applicable application
submittal requirements of Section 19.12.080, all projects that are subject to the
bird-safe development requirements shall also submit the following:
1. Elevation drawings indicating the bird-safe treatment and how the proposed
treatment meets the requirements;
2. Cross sections,if required;
3. Other exhibits indicating consideration and incorporation of the regulations
in Section 19.102.030 (B), (C), and (D);and
4. Biologist report in support of alternative compliance method pursuant to
Section 19.102.030 (B)(4),if proposed.
B. Fenestration and Glass Requirements
1. Fagades of all projects subject to bird-safe development requirements shall
have:
a. No more than 10% of the surface area of the facade be untreated glass
between the ground and 60 feet above ground.
b. No more than 5%of the surface area of the facade be untreated glass
between 60 feet above ground and up.
2. Standard Compliance Treatments: The Planning Division may maintain a list
of acceptable bird-safe treatments that may be updated from time to time. The
list may include, but not be limited to acceptable treatments, such as opaque
glass,window muntins,exterior insect screens,exterior netting,or special glass
treatments such as fritting to provide visual cues and reduce the likelihood of
bird collisions.
3. Alternative Compliance Method: Property owners/applicants may propose an
alternate compliance method recommended by a qualified biologist, in order
to meet the requirements and intent of this section. The alternate compliance
method shall be peer-reviewed by a third-party consultant, paid for by the
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applicant, and subject to the approval of the Director of Community
Development.
C. Non-residential Indoor Lighting Requirements: Install time switch control devices
or automatic occupancy sensors on non-emergency interior lights that are
programmed to turn off at eleven p.m. or within two hours after the business is
closed.
D. Bird-safe Design Requirements. All projects subject to bird-safe development
requirements shall:
1. Avoid the funneling of flight paths along buildings or trees towards a
building fagade.
2. Avoid use of highly reflective glass or highly transparent glass.
3. Avoid glass skyways or walkways,freestanding glass walls, transparent
building corners, glass features, or other design elements through which
trees, landscape areas, water features or the sky are visible from the exterior
or from one side of the transparent element to the other.
E. Exemptions: The following are exempted from bird-safe treatment regulations of
subsection 19.102.030(B):
1. Any historic structure, either as set forth in the General Plan Figure LU-3
Historic Resources or listed on the State or National Historical Registers;
2. First floor commercial storefronts,up to a height of 15'.
3. Residential development in R1 zoning districts outside of Bird-Sensitive Areas;
4. 100% affordable housing developments.
19.102.040 Outdoor Lighting Requirements
A. Submittal Requirements: In addition to the applicable submittal requirements of
Section 19.12.080, projects subject to outdoor lighting regulations must submit the
following information:
1. A site plan indicating the location of all outdoor lighting fixtures.
2. A description of each lighting fixture. This description may include,but not
be limited to,manufacturer's catalog cuts and drawings (including sections if
requested), lamp types, and lumen outputs.
3. Photometric plans, prepared, stamped and signed by a licensed electrical
engineer, depicting the location of all outdoor lighting fixtures and building-
mounted lighting fixtures and a maximum ten-foot by ten-foot grid of both
the initial and maintained lighting levels on the site,including any impact on
adjacent properties.
4. The project lighting plan shall indicate how lighting has been coordinated
with any associated landscaping plan to prevent site planning conflicts.
5. Any other information the Director may determine is necessary to ensure that
the proposed lighting is in compliance with the provisions of this chapter.
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6. Any of the above requirements may be waived by the Director of Community
Development when determined to be unnecessary for determining
compliance with the provisions of this Chapter.
B. Outdoor Lighting Standards
1. All outdoor lighting shall be fully shielded fixtures, directed downward to
meet the particular need and away from adjacent properties and rights-of
way to avoid light trespass,except:
a. Low-voltage Landscape Lighting. Low-voltage landscape lighting, such as
that used to illuminate fountains, shrubbery, trees, and walkways, do not
have to be shielded fixtures and may use uplighting,provided that they
use no more than ten(10) watt equivalent LED and not directed toward
the right-of-way.
b. Architectural Features: Uplighting may be used to highlight special
architectural features.
c. Public Art: Alternative lighting standards may be used to illuminate
public art or serve as public art subject to the review and approval by the
Fine Arts Commission.
d. Historic Lighting Fixtures: Lighting fixtures that are historic or that exhibit
a historical period appearance, as determined by the Director of
Community Development,need not be fully shielded.
2. Illumination Levels
a. No light, combination of lights, or activity shall cast light exceeding one
(1) foot-candle onto an adjacent or nearby property, with the illumination
level measured at the property line between the lot on which the light is
located and the adjacent lot, at the point nearest to the light source.
b. No direct off-site glare from a light source shall be visible above three feet
at a public right-of-way.
c. The maximum light intensity on a site shall not exceed a maintained value
of ten foot-candles,when measured at finished grade.
d. Parking lots, sidewalks and other areas accessible to pedestrians and
automobiles on properties with four or more units,mixed-use
development, and non-residential development shall be illuminated with
uniform and adequate intensity. Typical standards to achieve uniform and
adequate intensity are:
i. Average horizontal maintained illumination should be between one
and three foot-candles
ii. Maximum to minimum ratio should be between 6:1 and 10:1
e. Critical areas of illumination such as stairways, ramps and main
walkways may have a higher illumination.
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3. All light sources shall have a maintained correlated color temperature of three
thousand (3,000) Kelvin or less.
4. All outdoor lighting shall be extinguished by 11:00 pm or when people are no
longer present in exterior areas, whichever is later, except for:
i. Critical lighting pursuant to section 2 (e) above
ii. Any lighting at building entrances,parking areas, and driveways
area required to remain illuminated after 11:00 pm by the California
Building Code or state law
iii. Lighting of an appropriate intensity, allowed in conjunction with
uses that are permitted to operate past 11:00 p.m., with a conditional
use permit.
5. Automated control systems, such as motion sensors and timers, shall be used
to meet the outdoor lighting requirements.
a. Photocells or photocontrols shall be used to extinguish all outdoor lighting
automatically when sufficient daylight is available.
b. All lighting activated by motion sensors shall extinguish no more than 10
minutes after activation.
c. Automated controls shall be full programmable and supported by battery
or similar backup.
6. Security lighting may be provided when necessary to protect persons and
property. When security lighting is utilized the following standards shall
apply, in addition to other applicable standards:
a. Security lighting shall be controlled by a programmable motion-sensor
device, except where continuous lighting is required by the California
Building Code.
b. Floodlights shall not be permitted.
c. Security lights intended to illuminate a perimeter, such as a fence line, are
permitted only if such lights do not result in light trespass.
d. Motion-activated security lights shall not use lamps that exceed 100 watts.
7. Lighting design standards:
a. Lighting fixtures must be of a design that complements building and
landscaping design.
b. Lighting fixtures shall be appropriate in height,intensity, and scale to the
use they are serving. Parking lot lights in non-residential zones shall not
exceed a height of 21 feet, and any wall-mounted lights shall not exceed a
height of 12 feet, measured from the adjacent grade to the bottom of the
fixture.
8. Service Station Canopies: The following standards shall apply to service
station canopy lighting, in addition to all other applicable standards:
a. Lighting fixtures in the ceiling of canopies shall be fully recessed in the
canopy.
b. Light fixtures shall not be mounted on top of the fascia of such canopies.
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c. The fascia of such canopies shall not be illuminated,except for approved
signage in compliance with Chapter 19.104.
9. Areas around Automatic Teller Machines shall meet minimum standards
required by the State of California Business and Professions Code.
10. All lighting must comply with the requirements of the California Building
Code. Should a conflict exist with the provisions of this Chapter,the
standards in the California Building Code shall prevail.
11. Lighting in ML zones shall additionally comply with the standards in Chapter
19.72.
C. Prohibited Lighting: The following types of lighting are prohibited:
1. Outdoor lighting that blinks, flashes, or rotates except those that may be
permitted pursuant to Chapter 10.26.
2. Outdoor flood lights that project above the horizontal plane.
3. Lighting that unnecessarily illuminates any other lot or substantially
interferes with use or enjoyment of that lot.
4. High-intensity discharge lighting for recreation courts on private property.
5. Spotlights.
D. Exemptions: The following types of lighting are exempt from the lighting
requirements of the Chapter:
1. Lighting within the public right-of-way and public parks
2. Permitted lighting for signs
3. Lighting to illuminate address signs
4. Temporary construction or emergency lighting
5. Short-term lighting authorized by a special events permit
6. Holiday seasonal lighting during the period of October 15 through January 15
of each year
7. Required lighting to comply with Building Code or state law
2. Amendments to Chapter 19.08 concerning Definitions
19.08.30 Definitions.
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.
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"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.
3. 'Junior accessory dwelling unit" means a unit that is no more than 500
square feet in size and contained entirely within an existing single-family
structure.Junior accessory dwelling units must include an efficiency kitchen,
which must include both a cooking facility with appliances and a food
preparation counter and storage cabinets that are of a reasonable size in relation
to the size of the unit. A junior accessory dwelling unit may include separate
sanitation facilities, or may share sanitation facilities with the existing structure,
as defined in California Government Code Section 6582.22.
"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.
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"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.
"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
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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.
"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.
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"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=IxLx100
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:
"Banks" means financial institutions including federally-chartered banks, savings
and loan associations,industrial loan companies,and credit unions providing retail
banking services to individuals and businesses. This classification does not include
payday lending businesses or check cashing businesses. The term"payday lending
business"as used herein means retail businesses owned or operated by a"licensee"
as that term is defined in California Financial Code Section 23001(d), as amended
from time to time. The term"check cashing business" as used herein means a retail
business owned or operated by a"check casher"as that term is defined in California
Civil Code Section 1789.31 as amended from time to time.
"Basement" means any floor below the first story in a building that is fully
submerged below grade except for lightwells required for light, ventilation and
emergency egress. A basement may have a maximum exterior wall height of two
feet between natural grade and ceiling.
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"Bird-safe design" means when building design, site planning design features,
materials, exterior and interior lighting, are designed and developed to reduce
hazardous conditions for birds.
"Bird-safe development" means development that incorporates bird-safe design
and bird-safe treatment.
"Bird-safe treatment" means treatment to glass that provides visual cues to birds
and reduce the likelihood of bird collisions.
"Bird-sensitive area",for purposes of Chapter 19.102,Glass and Lighting Standards,
means parcels that are in or within 300'of the Wildland Urban Interface;within 300
f eg
I-Qf watercourses;in Residential Hillside areas:and within 300 feet of public and
private, open spaces and parks that are dominated by vegetation, including
vegetated landscaping.forest,meadows. grassland, or wetlands.
"Block" means any lot or group of contiguous lots bounded on all sides by streets,
railroad rights-of-way, or waterways, and not traversed by any street, railroad
right-of-way or waterway.
"Boarding house" means any building used for the renting of rooms or providing
of table board for from three to five persons,inclusive,over the age of sixteen years,
who are not members of the same family.
"Building"means any structure used or intended for supporting or sheltering any use
or occupancy when any portion of a building is completely separated from every other
portion by a "Fire Barrier" as defined by the California Building Code, then each
portion shall be deemed to be a separate building.
1. "Attached building" means buildings which are structurally connected by
any structural members or wall,excluding decks, patios or fences.
"Building coverage" means that portion of the net lot area encompassed within the
outermost wall line which defines a building enclosure.
"Building frontage"means the length or the surface of the building wall which faces,
and is visible to the general public from, a private or public right-of-way or
driveway.
"Business" or "commerce" means the purchase, sale or other transaction involving
the handling or disposition of any article, substance or commodity for profit or
livelihood, including, in addition, office buildings, offices, shops for the sale of
personal services, garages, outdoor advertising signs and structures, hotels and
motels, and recreational and amusement enterprises conducted for profit.
"Business or trade school" means a use, except a college or university, providing
education or training in business, commerce, language, or similar activity or
pursuit, and not otherwise defined as a home occupation.
C. "C"Definitions:
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"Canopy" means any roof-like structure, either attached to another structure or
freestanding, or any extension of a roof line, constructed for the purpose of
protection from the elements or aesthetic purposes in connection with outdoor
living.
"Car shelter"means a roofed structure or a part of a building not enclosed by walls,
intended and designed to accommodate one or more vehicles.
"Caretaker" means a person or persons employed for the purpose of protecting the
principal use of the property or structure.
"Centerline" means the centerline as established by the County Surveyor of Santa
Clara County, the City Engineer, or by the State Division of Highways of the State
of California.
"Changeable copy sign" means any sign, or portion, which provides for each
manual changes to the visible message without changing structural surfaces,
including the likes of theater marquees and gasoline service station price signs,but
excluding electronic reader board signs and signs which display the current time or
temperature.
"Change of face" means any changes to the letter style, size, color, background, or
message.
"Change of use"means the replacement of an existing use by a new use,or a change
in the nature of an existing use,but not including a change in ownership, tenancy
or management where the previous nature of the use, line of business, or other
function is substantially unchanged.
"Child" means a person who is under eighteen years of age.
"Child day care facility" means a facility, licensed by the State or County, which
provides non-medical care to children in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the protection
of the individual on less than a twenty-four-hour basis. Child day care facility
includes day care centers, employer sponsored child-care centers and family day
care homes.
"Church" means a use providing facilities for organized religious worship and
religious education incidental thereto, but excluding a private educational facility. A
property tax exemption obtained pursuant to Section 3(f) of Article XIII of the
Constitution of the State of California and Section 206 of the Revenue and Taxation
Code of the State of California, or successor legislation, constitutes prima facie
evidence that such use is a church as defined in this section.
"College"or "university"means an educational institution of higher learning which
offers a course of studies designed to culminate in the issuance of a degree or
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defined by Section 94110 of the Education Code of the State of California, or
successor legislation.
"Collocation" means the placement of aerials and other facilities belonging to two
or more communication service providers on a single mast or building.
"Commercial recreation" means a use providing recreation, amusement, or
entertainment services, including theaters, bowling lanes, billiard parlors, skating
arenas, and similar services, operated on a private or for-profit basis,but excluding
uses defined as outdoor recreation services.
"Community center" means a place, structure, area, or other facility used for and
providing religious, fraternal, social and/or recreational programs generally open
to the public and designated to accommodate and serve a significant segment of
the community.
"Commercial district," for purposes of the Sign Ordinance, means an area of land
designated for commercial use in the current Cupertino General Plan.
"Common interest development" means the following, all definitions of which are
based upon Civil Code Section 4100 or subsequent amendments:
1. A condominium project,
2. A community apartment project,
3. A stock cooperative, or
4. A planned development.
"Community organization" means a nonprofit organization based in the City and
whose activities benefit the City, its residents, employees, or businesses.
"Concession" means a benefit offered by the City to facilitate construction of
eligible projects as defined by the provisions of Chapter 19.56, Density Bonus.
Benefits may include, but are not limited to, priority processing, fee deferments
and waivers, granting of variances, and relaxation of otherwise applicable permit
conditions or other concessions required by law.
"Condominium conversion" or "Conversion" means a change in the type of
ownership of a parcel (or parcels) of land, together with the existing attached
structures, to that defined as a common interest development, regardless of the
present or prior use of such land and structures and whether substantial
improvements have been made or are to be made to such structure.
"Condominium project" or "project" includes the real property and any structures
thereon, or any structures to be constructed thereon, which are to be divided into
condominium ownership.
"Condominium units" or "units" means the individual spaces within a condominium
project owned as individual estates.
"Congregate residence" means any building or portion which contains facilities for
living, sleeping and sanitation, as required by the California Building Code and may
Page 21
include facilities for eating and cooking for occupancies other than a family. A
congregate residence may be a shelter, convent or monastery but does not include
jails,hospitals,nursing homes,hotels or lodging houses.
"Convalescent facility" means a use other than a residential care home providing
inpatient services for persons requiring medical attention,but not providing surgical
or emergency medical services.
"Convenience market" means a use or activity that includes the retail sale of food,
beverages, and small personal convenience items, including sale of food in
disposable containers primarily for off-premises consumption,and typically found
in establishments with long or late hours of operation and in relatively small
buildings, but excluding delicatessens and other specialty food shops and
establishments which have a sizable assortment of fresh fruits, vegetables, and
fresh-cut meats.
"Corner triangle"means a triangular-shaped area bounded by the following,unless
deemed otherwise by the City Engineer:
1. The intersection of the tangential extension of front and street side property
lines as formed by the intersection of two public rights-of-way abutting the said
property lines; and
2. The third boundary of the triangular-shaped area shall be a line connecting
the front and side property lines at a distance of forty feet from the
intersection of the tangential extension of front and side property lines.
"Corner triangle," for purposes of the Sign Ordinance, means a triangular-shaped
area of land adjacent to an intersection of public rights-of-way, as further defined
in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. (See Appendix A,
Cupertino Standard Detail 7-2; Corner Triangle-Controlled Intersections, and B,
Cupertino Standard Detail 7-4; Corner Triangle-Uncontrolled Intersections for
details.)
"Court" means an open, unoccupied space, other than a yard, on the same lot with a
building or buildings and which is bounded on two or more sides by such building or
buildings, including the open space in a house court or court apartment providing
access.
"Covered parking"means a carport or garage that provides full overhead protection
from the elements with ordinary roof coverings. Canvas, lath, fiberglass and
vegetation are not ordinarily roof coverings and cannot be used in providing a
covered parking space.
D. "D"Definitions:
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"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 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
Page 23
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.
"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.
E. "E"Definitions:
"Economically feasible" means when a housing development can be built with a
reasonable rate of return.The housing developer's financial ability to build the project
shall not be a factor.
Emergency Shelter:
"Emergency shelter, rotating" means a facility that provides temporary housing with
minimal supportive services and meets criteria in Section 19.76.030(2).
"Emergency shelter, permanent"means a permanently operated facility that provides
temporary housing with minimal supportive services and meets criteria in Section
19.76.030(3).
"Employee Housing"means accommodations for employees as defined by Health and
Safety Code 17008, as may be amended.
Page 24
"Enclosed" means a covered space fully surrounded by walls, including windows,
doors and similar openings or architectural features, or an open space of less than
one hundred square feet fully surrounded by a building or walls exceeding eight
feet in height.
"Entry feature" means a structural element, which leads to an entry door.
"Equestrian center" means a facility for the shelter, display, exhibition, keeping,
exercise or riding of horses, ponies or mules, or vehicles drawn by such animals,
with related pasture lands, corrals and trails.
"Equipment yard" means a use providing for maintenance, servicing or storage of
motor vehicles, equipment or supplies; or for the dispatching of service vehicles;
or distribution of supplies or construction materials required in connection with a
business activity, public utility service, transportation service, or similar activity,
including but not limited to, a construction material yard, corporation yard,
vehicular service center or similar use.
F. "F"Definitions:
"Facility" means a structure,building or other physical contrivance or object.
1. "Accessory facility' means a facility which is incidental to, and
customarily associated with a specified principal facility and which meets
the applicable conditions set forth in Chapter 19.80.
2. "Noncomplying facility' means a facility which is in violation of any of
the site development regulations or other regulations established by this title,
but was lawfully existing on October 10, 1955, or any amendment to this title,
or the application of any district to the property involved by reason of which
the adoption or application the facility becomes noncomplying.
3. 'Principal facilities" means a main building or other facility which is
designed and constructed for or occupied by a principal use.
"Family" means an individual or group of persons living together who constitute a
bona fide single housekeeping unit in a dwelling unit. "Family" shall not be
construed to include a fraternity, sorority, club, or other group of persons
occupying a hotel, lodging house, or institution of any kind.
"Fence" means a man-made structure which is designed, intended or used to
protect, defend or obscure the interior property of the owner from the view,
trespass or passage of others upon that property.
"Fence height" means the vertical distance from the highest point of the fence
(excluding post caps) to the finish grade adjoining the fence. In a case where the
finish grade is different for each side of the fence, the grade with the highest
elevation shall be utilized in determining the fence height.
Page 25
"Financial institutions" means a company engaged in the business of dealing with
monetary transactions,such as deposits,loans,investments and currency exchange.
This classification does not include payday lending businesses or check cashing
businesses. The term "payday lending business" as used herein means retail
businesses owned or operated by a "licensee" as that term is defined in California
Financial Code Section 23001(d), as amended from time to time. The term "check
cashing business" as used herein means a retail business owned or operated by a
"check casher" as that term is defined in California Civil Code Section 1789.31 as
amended from time to time.
"First floor" means that portion of a structure less than or equal to twenty feet in
height, through which a vertical line extending from the highest point of exterior
construction to the appropriate adjoining grade, passes through one story.
"Flag" means any fabric,banner, or bunting containing distinctive colors, patterns, or
symbols,used as a symbol of a government, political subdivision, or other entity.
"Floor area"means the total area of all floors of a building measured to the outside
surfaces of exterior walls, and including the following:
1. Halls;
2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height between any floor level and
the ceiling above;
6. Basements with lightwells that do not conform to Section 19.28.070(I);
7. Residential garages;
8. Roofed arcades,plazas,walkways,porches,breezeways, porticos,
courts, and similar features substantially enclosed by exterior walls;
9. Sheds and accessory structures.
"Floor area" shall not include the following:
1. Basements with lightwells that conform to Section 19.28.070(I);
2. Lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages, accessory to a permitted
conditional use and located on the same site;
5. Roofed arcades, plazas, walkways,porches,breezeways, porticos,
courts and similar features not substantially enclosed by exterior walls.
Page 26
"Floor area ratio" means the ratio of gross floor area on a lot to the lot area.
"Foot-lambert" means a unit measurement of the brightness of light transmitted
through or reflected from an object or surface.
"Freeway" means any public roadway so designated by the State of California.
"Front wall" means the wall of a building or other structure nearest the street upon
which the building faces,but excluding certain architectural features as defined in this
chapter.
G. "G"Definitions:
"Garage" means an accessory building (completely enclosed) or an attached
building used primarily for the storage of motor vehicles.
"Gasoline service station" means any place of business which offers for sale any
motor vehicle fuel to the public.
"Glare" means the effect produced by a light source within the visual field that is
sufficiently brighter than the level to which the eyes are adapted, which causes
annoyance, discomfort, or loss of visual performance and ability.
"Glass features", for purposes of Chapter 19.102, Glass and Lighting Standards,
means such features as free-standing glass walls: wind barriers: skywalks,
balconies, greenhouses,and rooftop appurtenances.
"Grade" or "finished grade" means the lowest point of adjacent ground elevation
of the finished surface of the ground
paving,or sidewalk,excluding areas where grade has been raised by means of a berm,
planter box, or similar landscaping
feature, unless required for drainage, within the area between the building and the
property line, or when the property line is more than five feet from the building,
between the building and a line five feet from the building.
"Gross lot area" means the horizontal area included within the property lines of a
site plus the street area bounded by the street centerline up to thirty feet distant
from the property line, the street right-of-way line and the extended side yard to
the street centerline.
"Guest room" means a room which is intended, arranged or designed to be
occupied by occasional visitors or nonpaying guests of the occupants of the
dwelling unit in which the room is located,and which contains no kitchen facilities.
H. "H"Definitions:
"Habitable floor"means the horizontal space between a floor area of at least seventy
square feet and the ceiling height measuring at least seven feet six inches above it,
except for a kitchen which shall have a ceiling height not less than seven feet above
the floor.
Page 27
"Habitable space"means space in a structure for living,sleeping,eating or cooking.
Bathrooms, toilet compartment, closets, halls, storage or utility space and similar
areas are not considered habitable space.
"Heavy equipment"means any mechanical or motorized device that is not a vehicle
or a commercial vehicle as defined in Section 19.08.030(V), including, but not
limited to, a backhoe, cement mixer, crane, ditch witch, dozer, earth mover,
generator, grader, tractor or any similar device.
"Height" means a vertical distance measured parallel to the natural grade to the
highest point of exterior construction, exclusive of chimneys, antennas or other
appurtenances, except that entry features are measured to the top of the wall
plate.
Height restriction shall be established by establishing a line parallel to the natural
grade.
"Height", for purposes of the Accessory Buildings/Structures, encompasses the entire
wall plane nearest the property line, including roof, eaves, and any portion of the
foundation visible above the adjoining finished grade.
Enby
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HEIGHT LIMIT FOR ENTRY FEATURES
"Home occupation" means a business, profession, occupation or trade activity which
is performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard
area or garage associated with that dwelling unit, or a yard area or garage associated
with that unit, for purposes of generating income, by means of the manufacture,
and/or sale of goods and/or services,but which activity is clearly incidental to the use
of the dwelling for residential purposes.
"Hospital" means a facility for providing medical, psychiatric or surgical services for
sick or injured persons, primarily on an inpatient basis, and including ancillary
facilities for outpatient and emergency treatment, diagnostic services, training,
research, administration, and service to patients, employees or visitors.
"Hotel" means a facility containing rooms or groups of rooms, generally without
individual kitchen facilities, used or intended to be used by temporary overnight
occupants,whether on a transient or residential occupancy basis, and whether or not
Page 28
eating facilities are available on the premises. Hotel includes motel, motor hotel,
tourist court, or similar use,but does not include mobilehome parks or similar uses.
"Household pets" means small animals commonly found in residential areas such as
chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any
bovine or equine animal, or any goat, sheep or swine. This title does not regulate the
keeping of small household pets, such as fish, birds or hamsters, which is incidental
to any permitted use.
However,no animal including household pets may be kept,maintained and/or raised
for commercial purposes except where permitted with required permits.
"Household type" means whether the occupants of the housing units are very low
income, lower income,moderate income, or senior citizens.
"Housing development" means for the purposes of Chapter 19.56, Density Bonus, a
development project for five or more residential units. For the purposes of that
chapter, "housing development" also includes a subdivision or common interest
development, approved by the City that consists of residential units or unimproved
residential lots and either a project to substantially rehabilitate and convert an existing
commercial building to residential use or the substantial rehabilitation of an existing
multifamily dwelling, as defined in Government Code Section 65863.4(d), where the
result of the rehabilitation would be a net increase in available residential units.
I. "I"Definitions:
"Industrial district," for purposes of the Sign Ordinance, means all ML districts and
any other zoning classifications which are consistent with the industrial designation
of the Cupertino general plan.
"Institutional district," for purposes of the Sign Ordinance, means all BQ, PR, FP, and
BA districts and other zoning classifications and uses which are considered
institutional in nature and are consistent with the institutional or quasi-public
designation of the general plan.
J. "J"Definitions:
"Junkyard"means the use of more than two hundred square feet of the area of any lot
for the storage or keeping of junk, including scrap metals or other scrap material,
and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.
K. "K"Definitions:
"Kitchen" means an area in habitable space used for the preparation of food and
including at least three of the following:
1. Cooking appliance(s) or provision for a cooking appliance (such as 220V
outlets, gas connections and space for appliances between counters;
2. Counter;
Page 29
3. Refrigerator;
4. Sink.
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 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.
"Light Fixture"means a complete lighting unit consisting of one or more lams.
and ballast(s),where applicable,together with the parts designed to distribute the
light; position and protect the lamp(s) and ballast(s). and connect the lam (p sl to
the power supply.
"Light trespass" means light emitted by a light fixture that shines beyond the
property on which it is installed.
"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,for the purposes ofChapter 19.112,the same as that set forth
for "living area" in California Government Code Section 65852.2(j)(4). All attic and
basement square footage proposed as part of an Accessory Dwelling Unit shall be
limited by the maximum size allowed per Chapter 19.112.
Page 30
"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.
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.
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"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.
"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.
M. "M"Definitions:
"Major renovation," for purposes of Chapter 19.116, Conversions of Apartment
Projects to Common Interest Development, means any renovation for which an
expenditure of more than one thousand dollars was made.
"Major repair," for purposes of Chapter 19.116, Conversions of Apartment Projects
to Common Interest Development, means any repair for which an expenditure of
more than one thousand dollars was made.
"Major Transit Stop," for purposes of Chapter 19.56, Density Bonus, means an
existing site,or a site included in the regional transportation plan,that contains a rail
transit station, a ferry terminal served by either a bus or rail transit service, or the
intersection of two or more major bus routes with a frequency of service interval of
15 minutes or less during the morning and afternoon peak commute periods. A
housing development is considered to be within one-half mile of a major transit stop
if all parcels within the housing development have no more than 25 percent of their
area farther than one-half mile from the stop and if not more than 10 percent of the
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units or 100 units, whichever is less, in the housing development are farther than
one-half mile from the stop as set forth in Government Code Section 65915(p)(3)(A),
as may be amended.
"Manufacturing" means a use engaged in the manufacture, predominantly from
previously prepared materials, of finished products or parts, including processing
fabrication, assembly, treatment, packaging of products, but excluding basic
industrial processing of extracted or raw materials, processes utilizing inflammable
or explosive material (i.e., materials which ignite easily under normal
manufacturing conditions), and processes which create hazardous or commonly
recognized offensive conditions.
"Massage" means any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts
of the human body with the hands or with any mechanical or electrical apparatus
or other appliances or devices with or without such supplementary aides as
rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other
similar preparations.
"Massage parlor" means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for
compensation is operated which is not exempted or regulated by the Massage
Establishment Ordinance as contained in Title 9, Health and Sanitation of the
Cupertino Municipal Code, Chapter 9.06.
"Maximum allowable residential density," for purposes of Chapter 19.56, Density
Bonus, means the maximum density allowed under the zoning ordinance and land
use element of the general plan. For purposes of that Chapter, if the maximum
density allowed under the zoning ordinance is inconsistent with the density
allowed under the land use element of the general plan, the general plan density
shall prevail.
"Minor change" means an alteration or modification of an existing plan,
development or project which is substantially inferior in bulk, degree or
importance to the overall dimension and design of the plan, development or
project with no change proposed for the use of the land in question, no change
proposed in the character of the structure or structures involved, and no variance
required.
"Mobilehome"means a vehicle,other than a motor vehicle, designed or used as semi-
permanent housing, designed for human habitation, for carrying persons and
property on its own structure, and for being drawn by a motor vehicle, and shall
include a trailer coach.
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"Mobilehome park" means any area or tract of land where lots are sold, rented, or
held out for rent to one or more owners or users of mobilehomes,excluding travel-
trailers, for the purpose of permanent or semi-permanent housing.
"Moderate income household" means a household whose gross income does not
exceed that established by Section 50093 of the Health and Safety Code, as may be
amended.
"Multiple-family use"means the use of a parcel for three or more dwelling units which
may be in the same building or in separate buildings on the same parcel.
"Muntins"means strips of wood,metal,or other materials that ph. separate
and support individual panes of glass in-a window or visually separate a single
pane of glass in a window into different sections.
N. "N"Definitions:
"Natural grade" means the contour of the land prior to improvements or
development,unless otherwise established by a City approved grading plan that is
part of a subdivision map approval.
"Nightclub" means an establishment providing alcoholic beverage service and late
evening (past eleven p.m.) entertainment,with or without food service.
O. "O"Definitions:
"Office" means:
1. "Administrative or executive offices" including those pertaining to
the management of office operations or the direction of enterprise but not
including merchandising or sales services.
2. "Medical office" means a use providing consultation, diagnosis, therapeutic,
preventative or corrective personal treatment services by doctors, dentists,
medical and dental laboratories, and similar practitioners of medical and healing
arts for humans, licensed for such practice by the State of California and including
services related to medical research, testing and analysis.
3. 'Professional offices" such as those pertaining to the practice of the
professions and arts including,but not limited to, accounting, architecture,
dentistry, design,engineering,including associated testing and prototype
development,but excluding product manufacturing and/or assembly,law and
medicine,but not including sale of drugs or prescriptions except as incidental to
the principal uses and where there is external evidence of such incidental use.
4. "Office district,"for purposes of the Sign Ordinance,means those buildings
or groups of buildings for which the permitted uses are professional offices, is
within an OA or OP zone or which are designated for offices on the general plan.
"Offset"means the indentation or projection of a wall plane.
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"Open" means a space on the ground or on the roof of a structure, uncovered and
unenclosed.
"Organizational documents" means the declaration of restrictions, articles of
incorporation, bylaws and any contracts for the maintenance, management or
operation of all or any part of a common interest development.
"Outdoor recreation use"means a privately owned or operated use providing facilities
for outdoor recreation activities, including golf, tennis, swimming, riding or other
outdoor sport or recreation,operated predominantly in the open,except for accessory
or incidental enclosed services or facilities.
P. "P"Definitions:
"Park" means any open space, reservation, playground, swimming pool, golf
course, recreation center, or any other area in the City owned or used by the City
or County and devoted to active or passive recreations.
"Parking area" means an unroofed, paved area, delineated by painted or similar
markings, intended and designed to accommodate one or more vehicles.
"Parking facility"means an area on a lot or within a building,or both,including one
or more parking spaces,together with driveways, aisles, turning and maneuvering
areas, clearances and similar features,and meeting the requirements established by
this title. Parking facility includes parking lots, garages and parking structures.
1. "Temporary parking facility" means parking lots which are not required
under this title and which are intended as interim improvements of property
subject to removal at a later date.
"Parking space" means an area on a lot or within a building,used or intended for use
for parking a motor vehicle, having permanent means of access to and from a public
street or alley independently of any other parking space, and located in a parking
facility meeting the requirements established by this title. Parking space is equivalent
to the term "parking stall" and does not include driveways, aisles or other features
comprising a parking facility as previously defined in this chapter.
"Pennant" means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in
a series, designed to move in the wind.
"Permit"means a permit issued by the City Council,Planning Commission,Design
Review Committee, Director of Community Development, or any other decision
body as empowered by the Cupertino Municipal Code,approving architecture,site
improvements, buildings, structures, land and/or uses. Permits may include but
shall not be limited to Administrative Approvals, Two-story Permits, Minor
Residential Permits, Architectural and Site Approvals, Development Permits,
Conditional Use Permits, Exceptions,Variances or Subdivision Maps.
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"Person" means an individual, group, partnership, firm, association, corporation,
trust,governmental agency,governmental official,administrative body,or tribunal or
any other form of business or legal entity.
"Personal fitness training center" means a facility providing space and equipment,
with or without supervision, for group or individual athletic development, increased
skill development in sports activity, or rehabilitative therapy for athletic injury.
"Perspective drawing" means a rendering of a three-dimensional view depicting the
height, width, depth, and position of a proposed structure in relation to surrounding
properties and structures when viewed from street level.
"Picnic area" means a facility providing tables and cooking devices for preparation
and consumption of meals out of doors or within an unenclosed shelter structure.
"Practice range" means a facility providing controlled access to fixed or movable
objects which are used to test and measure accuracy of discharge from a weapon.
"Private educational facility" means a privately owned school, including schools
owned and operated by religious organizations, offering instruction in the several
branches of learning and study required to be taught in the public schools by the
Education Code of the State of California.
"Project improvements" means all public road improvements, undergrounding
utility improvements,and improvements to the on-site utility networks as required
by the City of Cupertino for a common interest development.
'Projection' means architectural elements, not part of the main building support,
that cantilevers from a single building wall or roof, involving no supports to the
ground other than the one building wall from which the element projects.
"Promotional device" means any sign, display, fixture, placard, vehicle or structure
that uses color, form, graphic, symbol, illumination or writing to advertise a special
event or the opening of a new business.
"Property"means real property which includes land,that which is affixed to the land,
and that which is incidental or appurtenant to the land as defined in Civil Code
Sections 658 through 662.
1. Property, Adjoining. "Adjoining property" means any unit of real property,
excluding lands used as public streets, sharing one or more common points with
another property.
"Provider"means a person who operates a child day care home and is licensed by the
State of California.
"Public dancehall" is a building or portion used for dancing purposes to and in
which the general public is admitted and permitted to dance,upon payment of any
fee other than compensation, or upon payment of a charge for admission, or for
which tickets or other devices are sold,or in which a charge is made for the privilege
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of dancing with any other person employed for such purpose by the operator of the
establishment, including but not limited to taxi dances, but excluding restaurants,
hotel rooms and nightclubs in which the dancing is incidental only to other
entertainment.
Q. "Q"Definitions:
"Qualified applicant" is a person who has a legal or equitable interest in real property
which is the subject of a development agreement, determined pursuant to Section
19.116.070. Qualified applicant includes an authorized agent.
"Qualifying resident" for purposes of Chapter 19.56, Density Bonus, of this Code,
means a senior citizen or other persons eligible to reside in a senior citizen housing
development.
R. "R"Definitions:
"Recreational open space" means open space within a common interest
development (exclusive of required front setback areas) which shall be used
exclusively for leisure and recreational purposes, for the use and enjoyment of
occupants (and their visitors) of units on the project and to which such occupants
(and their visitors)have the right of use and enjoyment.
Accessory structures such as swimming pools, recreational buildings and
landscaped areas may be included as open space.
"Recyclable materials"means discards or waste materials that may be separated or
mixed, collected and processed, and used as raw materials for new products. For
purposes of Chapter 19.108, Beverage Container Redemption and Recycling
Centers, recyclable materials do not include hazardous materials.
"Recycling center"means a facility for the collection and/or processing of recyclable
materials. Recycling center does not include storage containers or processing
activity located on the premises of a commercial or manufacturing use and use
solely for the recycling of material generated by that business or manufacturer.
1. 'Recycling center, Certified" or "Certified Processor"means a recycling
facility certified by the California Department of Conservation as meeting the
requirements of the California Beverage Container Recycling and Litter
Reduction Act of 1986.
2. 'Recycling center,Mobile"means an automobile,truck,trailer or van
licensed by the Department of Motor Vehicles,which is used for the collection of
recyclable material. A mobile recycling center also means the bins,boxes or
containers transported by trucks, vans, or trailers and used for the collection of
recyclable materials. A mobile recycling center may consist of an enclosed vehicle
such as box cab or enclosed semi-trailer or an open vehicle such as a flatbed trailer
with bins or boxes to contain recyclable materials.
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"Recycling facilities" may include the following:
1. "Collection facility"means a facility for the acceptance (donation,
redemption or sale) of recyclable materials from the public. Such a facility does
not use power-driven processing equipment except as indicated in Chapter
19.108,Beverage Container Redemption and Recycling Centers. Collection
facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of not more than five
hundred square feet, and may include:
i. A mobile recycling unit,
ii.Bulk reverse vending machine or a grouping of reverse vending
machines occupying more than fifty square feet,
iii. Kiosk type units and bulk vending machines,
iv. Unattended containers placed for the donation of recyclable materials;
c. Large collection facilities which may occupy an area of more than five
hundred square feet, or is on a separate property not appurtenant to a host
use, and may include permanent structures.
2. "Processing facility" means a building or enclosed space use for the
collection and processing of recyclable materials. Processing means the
preparation of material for efficient shipment or to an end-user's specifications,
by such means as baling,briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Processing facility includes the following:
a. A light processing facility occupies an area of under forty-five thousand
square feet of gross collection, processing and storage area and has up to two
outbound truck shipments per day. Light processing facilities are limited to
baling,briquetting, crushing, compacting, grinding, shredding and sorting of
source-separated recyclable materials and repairing of reusable materials
sufficient to qualify as a certified processing facility. A light processing facility
shall not shred, compact, or bale ferrous metals other than food and beverage
containers.
b. A heavy processing facility is any processing facility other than a light
processing facility.
"Religious institution" means a seminary, retreat, monastery, conference center, or
similar use for the conduct of religious activities including accessory housing
incidental thereto,but excluding a private educational facility. Any use for which a
property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of
the Constitution of the State of California and Section 206 of the Revenue and
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Taxation Code of the State of California, or successor legislation, or which is used
in connection with any church which has received such an exemption, shall be
prima facie presumed to be a religious institution.
"Research and development" means a use engaged in study, design, analysis and
experimental development of products, processes or services, including incidental
manufacturing of products or provisions of services to others.
"Residential care facility" means a building or portion designed or used for the
purpose of providing twenty-four-hour-a-day nonmedical residential living
accommodations pursuant to the Uniform Building, Housing and Fire Codes, in
exchange for payment of money or other consideration, where the duration of
tenancy is determined,in whole or in part,by the individual resident's participation
in group or individual activities such as counseling, recovery planning, medical or
therapeutic assistance. Residential care facility includes,but is not limited to,health
facilities as defined in California Health and Safety Code (H&SC Section 1250 et
seq.),community care facilities(H&SC Section 1500 et seq.),residential care facilities
for the elderly (H&SC Section 1569 et seq.) or facilities for the mentally disordered
or otherwise handicapped (W&I Code Section 5000 et seq.), alcoholism or drug
abuse recovery or treatment facilities (H&SC Section 11384.11), and other similar
care facilities.
"Residential district," for purposes of the Sign Ordinance, means the R1, RHS, R2,
R3, R1C, A, and Al zoning classifications which are consistent with the residential
designation of the Cupertino general plan.
Restaurant:
1. Restaurant,Fast-Food. "Fast-food restaurant"means a retail food service
establishment in which prepared foods or beverages are served or sold on or in
disposable containers,including those establishments where a substantial portion
of the patrons may serve themselves and may consume the food and beverages
off-site. A separate bar facility for serving alcoholic beverages is not permitted.
Any area, tables or rooms reserved for serving alcoholic beverages shall be
considered a separate bar facility. Specialty food stores, such as ice cream stores,
bakeries or shops, shall not be considered fast-food restaurants.
2. Restaurant,Full Service. "Full-service restaurant"means any restaurant
which is not a fast-food restaurant. Alcoholic beverages may be served with
meals at a customer's dining table;however, a separate bar facility for serving
alcoholic beverages is not permitted without a use permit.
"Reverse vending machine(s)" means an automated mechanical device which
accepts one or more types of empty beverage containers,including,but not limited
to aluminum cans, glass and plastic bottles, and issues a cash refund or a
redeemable credit slip with a value not less than the containers redemption value,
as determined by the State. A reverse vending machine may sort and process
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containers mechanically provided that the entire process is enclosed within the
machine. In order to accept and temporarily store all three container types in a
proportion commensurate with their relative redemption rates, and to meet the
requirements of certification as a recycling center, multiple grouping of reverse
vending machines may be necessary.
1. A bulk reverse vending machine is a reverse vending machine that is larger
than fifty square feet;is designed to accept more than one container at a time;and
will pay by weight instead of by container.
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.
"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
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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.
"Shielded fixture"means a light fixture that is shielded or constructed so that
light rays emitted by the lamp(s) are projected below the horizontal plane passing
through the lowest point on the light fixture.
"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.
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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 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
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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. W-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
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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.
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 residence," for purposes of Chapter 19.112, shall mean one dwelling
unit located on a separately owned lot. Single family residence does not include
property with only air parcels or condominiums.
"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
Page 44
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
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.
Page 45
"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.
T. "T"Definitions:
"Target population" (per CA Government Code 65582(g), as may be amended)
means persons with low incomes having one or more disabilities,including mental
illness, HIV or AIDS, substance abuse, or other chronic health conditions, or
individuals eligible for services provided under the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
"Transient" means any individual who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other
agreement for a period of thirty consecutive calendar days or less, counting
portions of calendar days as full days, and including any individual who actually
physically occupies the premises, by permission of any other person entitled to
occupancy.
"Transitional housing" (per CA Government Code 65582(h), as may be amended)
means buildings configured as rental housing developments, but operated under
program requirements that call for the termination of assistance and recirculation of
the assisted unit to another eligible program recipient at some predetermined future
point in time, which shall be no less than six months from beginning of assistance.
"Trim" means the molding, battens, cappings, nailing strips, lattice and platforms
which are attached to a sign.
U. "U"Definitions:
"Unobstructed Access," for purposes of Chapter 19.56, Density Bonus, means access
to a location if a resident is able to access the location without encountering natural or
constructed impediments, as set forth in Government Code Section 65915(p)(2), as
may be amended.
"Uplighting"means the placement and orientation of light fixtures such that light
rays are directed upward.
"Use"means the conduct of an activity, or the performance of a function or operation,
on a parcel or in a building or facility.
1. "Accessory use" means a use which is incidental to and customarily
Page 46
associated with a specified principal use.
2. "Conditional use" means a use listed by the regulations of any particular
district as a conditional use within that district, and allowable solely on a
discretionary or conditional basis, subject to issuance of a conditional use permit,
and to all other regulations established by this title.
3. "Nonconforming use" means a use which is not a permitted use or
conditional use authorized within the district in which it is located,but which
was lawfully existing on October 10, 1955;or the date of any amendments
thereto, or the application of any district to the property involved,by reason of
which adoption or application the use became nonconforming.
4. 'Permitted use" means a use listed by the regulations of any particular
district as a permitted use within that district, and permitted therein as a matter
of right when conducted in accord with the regulations established by this title.
5. 'Principal use" means a use which fulfills a primary function of a
household,establishment, institution, or other entity. "Useable rear yard"means
that area bounded by the rear lot line(s) and the rear building line extended to
the side lot
lines.The side yard adjacent to a proposed minor addition(e.g.,addition equaling ten
percent or less of the principal
structure) may be included in calculation of usable rear yard area.
V. "V"Definitions:
"Variance application" means an application for which an exception process is
not identified in the Municipal Code. "Vehicle" means any boat, bus, trailer,
motor home, van, camper (whether or not attached to a pickup truck or other
vehicle),mobilehome,motorcycle, automobile,truck,pickup, airplane,boat trailer,
truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any
device by which any person or property may be propelled, moved or drawn upon
a public street,excepting a device moved exclusively by human power.
1. Vehicle, Commercial. "Commercial vehicle" means a vehicle of a type
required to be registered under the California Vehicle Code used or maintained
for the transportation of persons for hire, compensation, or profit or designed,
used, or maintained primarily for the transportation of goods.
2. Vehicle, Recreation. 'Recreation vehicle" means a vehicle towed or self-
propelled on its own chassis or attached to the chassis of another vehicle and
designed or used for temporary dwelling, recreational or sporting purposes. The
term recreation vehicle includes,but is not limited to,trailers, motor coach
homes, converted trucks and buses, and boats and boat trailers.
Page 47
"Very low income household" means a household whose gross income does not
exceed that established by Health and Safety Code Section 50105, as may be
amended.
"Visual privacy intrusion" means uninterrupted visual access from a residential
dwelling or structure into the interior or exterior areas of adjacent residential
structures,which area is either completely or partially private, designed for the sole
use of the occupant,and/or which serves to fulfill the interior and/or exterior privacy
needs of the impacted residence or residences.
W. "W"Definitions:
"Watercourse", for purposes of Chapter 19.102, Glass and Lighting
Standards,means any natural or artificial arroyo,canal,channel,conduit,creek,
culvert, ditch,gully, lake, ravine river, stream, waterway, or wash or other
topographic feature on or over which waters flow at least periodically and
adjacent areas in which substantial flood damage may occur from overflow or
inundation.
X. "X"Definitions:
None.
Y. "Y"Definitions:
"Yard"means an area within a lot,adjoining a lot line,and measured horizontally, and
perpendicular to the lot line for a specified distance, open and unobstructed except
for activities and facilities allowed therein by this title.
1. "Front yard" means a yard measured into a lot from the front lot line,
extending the full width of the lot between the side lot lines intersecting the front
lot line.
2. "Rear yard" means a yard measured into a lot from the rear lot line,
extending between the side yards;provided that for lots having no defined rear
lot line,the rear yard shall be measured into the lot from the rearmost point of
the lot depth to a line parallel to the front lot line.
3. "Side yard" means a yard measured into a lot from a side lot line,extending
between the front yard and rear lot line.
Z. "Z" Definitions:
None.
Appendix A: Cupertino Standard Detail 7-2 Corner Triangle - Controlled
Intersections.
Page 48
APPENDIX A.
CUPERTINO STANDARD DETAIL 7-2
CORNER TRIANGLE-CONTROLLED INTERSECTIONS
CORNER SIGHT FORMULA
DISTANCE SD-Design speed X 1.467 X 7S
DESIGN 85th Sight Distance I I Seconds Criteria
PERCENTILE LF2=
SPEED SD 85th fie speed
O
25 275 C
30 330 tx
35 385 °�4
40 440 Z
45 495
50 550
W-- I LS
1
SD
-
® ,SD�_'—'I — MAJOR-RDAD —
EM-_ __ -- G1
LS J 2
LEGEND Set backs from edge of travel lane
Y=Distance between the edge of roadway Ot Crosswalk set back=24 feet+Y
and the curb.Applies to parking,bike lanes,
shoulders and/or combination. O Limit line set back=13 feet+Y
LS=Line of sight
SD=Signt distance 4
G-Edge of travelway
Note: To view this Appendix in PDF, click HERE
Appendix B: Cupertino Standard Detail 7-4 Corner Triangle - Uncontrolled
Intersections.
Page 49
APPENDIX B:
CUPERTINO STANDARD DETAIL 74
CORNER TRIANGLE-UNCONTROLLED INTERSECTIONS
FLAT GRADE:
Within the area of the triange,there shall be
no sight obscuring wall,fence,sign or foliage
higher than 42 inches from street grade.In the
case of trees,lower branches shall be trimmed Center I
up eight(8)feet six(6)inches from street line
grade.
OTHER GRADE:
The City Engineer will provide the conditions
and allowances for hilly and/or rolling terrains.
I
LEGEND: g I
LS=Line of sight Ls� I
Center
line 100 feet
Monument or interseccting
point
_ � r
top of curb if prasenf I
strael 12
a.s..
42"
EX4MPL£
Note: To view this Appendix in PDF, click HERE
Appendix C:Cupertino Standard Detail 7-6 Sidewalk Site Triangle(Sidewalk Clearance at Driveways).
Page 50
APPENDIX C:
CUPERTINO STANDARD DETAIL 7-6
SIDEWALK SITE TRIANGLE(SIDEWALK CLEARANCE AT DRIVEWAYS)
w
D
st
ao Y
�Z
z
vxiwZ �O
Q �
z�Q =
T N N Q
HQ
Q 0 0-u N
v J Q m W Z
Q - �O<-
x/1 m t+f V1 Q N
N
Y
V
Q
an
Note: To view this Appendix in PDF, click HERE
Appendix D: Examples of How to Measure Sign Area.
Page 51
APPENDIX D:
EXAMPLES OF HOW TO MEASURE SIGN AREA
Individually lettered sign
�ev
Sign with background or borders
>_ 36 inches
Sign separated by 36 inches or more
3. Amendments to Chapter 19.40.060 concerning lighting in Residential Hillside Zones
19.40.060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside Exception
in accordance with Section 19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to the development of
structures on property zoned Residential Hillside (RHS).
Attachment A—Page 51
Page 52
Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
Lesser of:
a. Net lot • 6,500 square feet; or
area •45% of net lot area times the slope adjustment
< 10,000 factor pursuant to Section 19.40.060(A)(2)*
square feet *Formula= (0.45 x Net lot area) x (Slope adjustment
1. Maximum factor)
Allowable Lesser of:
Development • 6,500 square feet; or
b. Net lot •4,500 square feet plus 59.59 square feet for every
area 10,000 1,000 square feet over 10,000 square feet of net lot
square feet area, times the slope adjustment factor pursuant to
Section 19.40.060(A)(2)*
*Formula= (4,500+ ((Net lot area-10000)/1000)
(59.59)) x (Slope adjustment factor)
Reduction (1.5 x
Average (Average
Slope Slope - 0.1))
a. Average No reduction in < 10% 0%
Slope 10% allowable floor
area slope
adjustment factor
= 1
11% 1.5%
12% 3.0%
13% 4.5%
14% 6.0%
15% 7.5%
16% 9.0%
2. Adjustment Factor 17% 10.5%
based on Average 18% 12.0/°°
Slope of Net Lot Area
A reduction in 19% 13.5%
allowable floor 20% 15.0%
b. Average area by one and 21% 16.5%
slope one-half percent 22% 18.0%
between (1.5%) for each 23% 19.5%
Bird-Safe and Dark Sky Regulations- Page 52
Page 53
10% and percent of slope 24% 21.0%
30% over 10%. 25% 22.5%
Slope adjustment 26% 24.0%
factor = (1-(1.5 x 27% 25.5%
(average slope of 28% 27.0%
net lot area-0.1)) 29% 28.5%
Allowable floor
C.
Average area shall be
>
slope
reduced by a ° �,
30%
constant 30% 30/° 30.0/°
Slope adjustment
factor=(1- 0.3)
3. Additional Regulations for Lots Within Clustered Subdivisions where Land is
Reserved for Common O en Space
a. Lot Area for May count a proportionate share of the reserved private open
calculating FAR space to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR No developable lot in a cluster development can exceed forty-
prior to slope five-percent floor area ratio, prior to applying the slope
consideration adjustment factor, when a portion of the private open space is
attributed to the lot area for calculating FAR.
c. Average slope Calculated on the developable lot only.
of lot
B. Height of Limited to 30 feet
Buildings and
Structures
C. Setbacks
Habitable Third
First Floor Second Floor (or portions
Floor of structures taller
than 20 feet)
1. Front-yard
a. Slope<_20% 20 Driveway and 25 feet 25 feet
feet garage must be
designed to enable
b. Slope >20% 10 vehicles to park off- 25 feet 25 feet
feet street
2. Side-yard
Bird-Safe and Dark Sky Regulations- Page 53
Page 54
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side 15 feet 15 feet 20 feet
on Corner Lot
3. Rear-yard 20 feet 25 feet 25 feet
D. Second Story Decks and Patios Minimum Setbacks
1. Front Yard - 17 feet 17 feet
2. Side Yard - 15 feet 15 feet
3. Rear Yard - 20 feet 20 feet
E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
i. Average of 7 feet 6 inches for 75% of the second story
a. Offset from First downhill facing wall plane shall be setback and
Floor Downhill Wall ii. Not less than five feet.
Plane iii. The remaining 25% may not extend past the first story wall
lane.
b. Multiple Offset shall apply only the primary setback affected.
Downhill Facing
Wall Planes
i. Offset may be measured from the outside perimeter of first-
story roofed porches.
c. Offset from First ii. Roof of the porch must match, in pitch and style, the roof of
Floor Roofed Porches the main structure.
iii. Porch must be at least 5 feet in width and extend the length
of the wall on which it is located.
2. Maximum Wall 15 feet
Height on Downhill
Elevation
F. Permitted Yard Encroachments
a. Where a building legally constructed according to existing
first floor yard and setback regulations at the time of
construction encroaches upon present required first floor
setbacks, one encroaching side of the existing structure may be
extended along existing building lines.
1. Extension of a b. Only one such extension shall be permitted for the life of
Legal Non-conforming the building.
Wall Plane for c. Encroachments into a required yard which are the result of
structures not located the granting of a variance may not be further extended.
within a prominent d. Further encroachment into a required setback is not
Bird-Safe and Dark Sky Regulations- Page 54
Page 55
ridgeline site line allowed. I.e., a non-conforming setback may not be further
reduced.
e. In no case shall any wall plane of a first-story addition be
laced closer than three feet to any propertyline.
a. May extend into a required yard a distance not exceeding
three feet.
2. Architectural b. No architectural feature, or combination thereof, whether a
Features portion of a principal or accessory structure, may extend closer
than three feet to any propertyline.
G. Accessory Structures
(including attached As allowed by Chapter 19.100, Accessory Buildings/Structures
patio covers)
H. Design Standards
1. Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural
contour of the lot.
b. Building Mass The main building mass shall be on the upslope side of the
and Roof Pitches building and the roof pitches shall trend downslo e.
c. Second Permitted within the second story setbacks as long as they are
Story Dormers minor in shape and size.
d. Downhill Shall have a minimum of four offset building and roof elements
Elevation of main to provide varied building forms to produce shadow patterns
structure which reduce the impact of visual mass.
Wall planes exceeding one story or 20 feet in height, whichever
e. High Wall Planes is more restrictive, shall contain architectural elements in order
to provide relief and to break up expansive wall planes.
2. Colors
All structures on the lot shall use natural earth tone and/or
a. Natural Earth vegetation colors which complement the natural surroundings.
Tones Natural earth-tone and vegetation colors include natural hues of
brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter
19.102.be identified on the site develepment plan.
a. Tennis Getif High intensity lights not per-fnitted-.
Pw
Bird-Safe and Dark Sky Regulations- Page 55
Page 56
+;vat a c,,,,,,,,ity 2 n r,, +i. sliielded to avoid an rf site ;n+
I. Geologic and Soils Reports
A geological report prepared by a certified engineering geologist
and a soils report prepared by a registered civil engineer
qualified in soils mechanics by the State shall be submitted
prior to issuance of permits for construction of any building or
structure which:
a. Is located on property in an RHS zoning district which has
been designated by the General Plan to be within a geological
hazard area; and
b. Where an addition, alteration or repair of an existing
building or structure include at least one of the following:
i. The improvements include increasing the occupancy
1. Applicability capacity of the dwelling such as adding a bedroom or
secondary unit, or
ii. The cost of the completed addition, alteration or repairs
will, during any period of twelve months, exceed twenty-five
percent of the value of the existing improvements as determined
by the building official based on current per foot value of the
proposed structure to the existing structure's value on a parcel
of property. For the purposes of this section, the value of
existing improvements shall be deemed to be the estimated cost
to rebuild the improvements in kind, which value shall be
determined by the building official.
Bird-Safe and Dark Sky Regulations- Page 56
Page 57
These reports shall contain, in addition to the requirements of
Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations,based
upon the most current professionally recognized soils and
geologic data;
b. The significance of the interpretations and evaluations with
respect to the actual development or implementation of the
intended land use through identification of any significant
2. Content of Reports geologic problems, critically expansive soils or other unstable
soil conditions which if not corrected may lead to structural
damage or aggravation of these geologic problems both on-
and off-site;
c. Recommendations for corrective measures deemed necessary
to prevent or significantly mitigate potential damages to the
proposed project and adjacent properties or to otherwise insure
safe development of the property;
d. Recommendations for additional investigations that should
be made to insure safe development of the property;
e. Any other information deemed appropriate by the City
Engineer.
3. Incorporation of All building and site plans shall incorporate the above-described
Recommendations corrective measures and must be approved by the City Engineer,
prior to building permit issuance.
J. Private Roads and Driveways
The pavement width and design for a private road or common
1. Pavement Width driveway serving two to five lots and a single-lot driveway shall
and Design comply with development standards contained in the Hillside
Subdivision Ordinance, Chapter 18.52 of this code.
The property owner for a lot served by a private road or
2. Reciprocal common driveway shall, prior to issuance of building permits,
Ingress/Egress record an appropriate deed restriction guaranteeing the
Easement and following, to adjoining property owners who utilize the private
Reciprocal Maintenance road or common driveway for the primary access to their lot(s):
Agreement a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement-
Bird-Safe and Dark Sky Regulations- Page 57
Page 58
The setback and height restrictions provided in this chapter
may be varied for a structure utilized for passive or active solar
purposes, provided that no such structure shall infringe upon
K. Solar Design solar easements or adjoining property owners. Variation from
the setback or height restrictions of this chapter may be allowed
only upon issuance of an Administrative Conditional Use
Permit subject to Chapter 19.12.
4. Amendments to Section 19.60.060 concerning lighting in General Commercial Zoning
Districts
19.60.060 Development Standards.
Table 19.60.060 sets forth the rules and regulations pertaining to the development of
property located in the General Commercial (CG) zoning district.
Table 19.60.060: Development Standards
No minimum lot area or coverage. Must be in
conformance with the General Plan or
A. Lot Area and Coverage applicable Specific Plan. Must have sufficient
area to satisfy off-street parking and loading
requirements contained in this title.
B. Height of Buildings and Structures 30 feet unless otherwise permitted by the
General Plan or applicable Specific Plan.
C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space
Established based upon special policies
contained in the General Plan and/or
applicable specific plan to:
-Insure sufficient space to provide adequate
1. Front Yard light, air and visibility at intersections;
-Assure general conformity to yard
requirements of adjacent or nearby zones, lots
or parcels; and
-Promote excellence of development.
Bird-Safe and Dark Sky Regulations- Page 58
Page 59
No side or rear yard setback required unless
2. Minimum Side and Rear Yard lot abuts any residential or agricultural-
residential zone in which case the following
regulations apply:
a. Side Yard Setback
12 feet, or a total setback equal to one foot of
additional setback for each foot of height of a
i. Interior Side commercial building measured from its eave
line or top of parapet, whichever is more
restrictive.
ii. Street Side of Corner Lot 12 feet
20 feet, or a total setback equal to one and one-
half feet of additional setback for each foot of
b. Rear Yard Setback height of a commercial building measured from
its eave line or top of parapet, whichever is
more restrictive.
D. Noise Standards—
1. New Construction and uses approved as a Conditional Use that have a high
probability of generating noise that adjoin residential districts shall be:
a. Exterior Walls Designed to attenuate all noise emanating
from interior retails ace.
b. Loading Docks and Doors Located away from residential districts.
Required Fire Doors are excluded.
Air conditioning, exhaust fans, and other
c. Mechanical and other equipment mechanical equipment shall be acoustically
isolated to comply with the noise ordinance
Install a minimum eight-foot-high masonry
d. Sound Wall sound wall on or adjacent to the common
property line
Certified by an acoustical engineer that the
e. Acoustical Engineer above sound attenuation measures comply
with the intent of the regulation and the City's
community noise ordinance
2. In addition to (1) above, retail structures in a mixed use residential development
shall employ noise attenuation techniques recommended by an acoustical engineer to
comply with the community noise ordinance.
E. Lighting—New lighting fixtures for any new site construction or building
improvements shall meet the requirements in Chapter 19.102.
Bird-Safe and Dark Sky Regulations- Page 59
Page 60
9 &Eterfief Lighting -- - - mi ------- ----- ------ --- light --file__
other-wise approved as part E)f a development
Light fixt tr-es shall be or-iented and designed to
-2 Off site (;!are properties. ATE, ,1;,.,,et off site glar-e
residentialr�r
3. Par-king Lets, Sidewalks ,,,-,a ,.+h,,,
--
a. Aver-age--age- --iie ---- ------- ai --- Che„l,a be between ene and t4Fee Feet ,,an l,,,,
h TiTax kow to AiT;,,;,,-.,,,,-. TJ fie Che„l,a h mbe-,.,,,e 6.4 and 'Ill.
ffii
r-equk:ej by
=------------ ----------- =------------=
5 Areas ar-eiind A„4e,.-..,f; Teller- =Af ""$�crrc
MaEki
Shall be designed to provide an effective year-
round landscaping screen in the setback area
F. Landscaping Plan adjoining a residential property. The intent of
the plan is to screen the building from the rear
yard of a residence within five years.
Bird-Safe and Dark Sky Regulations- Page 60
Page 61
1. The following amenities and utilities shall
be installed subject to the specifications of the
subdivision ordinance:
a. All utilities including water, gas, sanitary
and storm sewers, underground power
systems, and
b. Amenities including, lighting electroliers,
curbs, gutters, streets and sidewalks and
c. Connections to main systems shall be
installed subject to the specifications of the
G. Utilities subdivision ordinance of the City.
2. All wires, pipes, cables, utilities and
connections shall be placed in underground or
subsurface conduits subject to the
specifications of the subdivision ordinance of
the City.
3. Underground vaults, or, well screened areas,
if underground vaults are deemed to be
infeasible by the City Engineer and the Director
of Community Development, must be provided
for the installation of the necessary utilities.
Air conditioning, exhaust fans, and other
H. Mechanical Equipment mechanical equipment shall be visually
screened.
5. Amendments to Section 19.72.050 concerning lighting in Light Industrial (ML) and
Industrial Park (MP) zoning districts
19.72.50 Restrictions Related to Emissions.
No use shall be allowed which is or will be offensive by reason of the emission of dust,
gas, smoke, noise, fumes, odors, bright lights, vibrations, nuclear radiation, radio
frequency interference, or otherwise. Every use shall be operated in such manner that
Bird-Safe and Dark Sky Regulations- Page 61
Page 62
the volume of sound inherently and recurrently generated shall not exceed sixty-five
decibels during the day and fifty- five decibels at night, at any point on the property
line on which the use is located, or sixty decibels during the day and fifty-five decibels
at night, at any point on the property line on which the use is located where such
property line abuts property that is zoned for residential purposes. Noise and sounds
shall be appropriately muffled in such manner so as not to be objectionable as to
intermittent beat, frequency, or shrillness.
Provided further that prior to issuance of a building permit the Building Inspector may
require evidence that adequate controls, measures, or devices have been provided to
insure and protect the public interest, health, comfort, convenience, safety and general
welfare from such nuisances.
Emissions of noise, vibrations, radiation, light, smoke, fumes or gas, odor, dust and
toxic waste shall be limited to quantities indicated in this section. The limitations shall
apply at any point outside the boundary of each lot in an ML zone, the boundary
assumed, for the purpose of this title, to extend in a vertical plane and below ground.
In case of further subdivision or lot split, the limitations shall not apply outside any
resulting lot.
A. Vibration. Vibrations in the nonaudible range shall not be of such
intensity that they can be perceived without instruments.
B. Radiation. Electromagnetic radiation shall not result in perceptible disturbance of
television or radio reception.
C. Light. In addition to the lighting standards in Chapter 19,102, all
development shall meet the following lighting standards:
1. The intensity of light at the boundary of each lot shall not exceed seventy-
five footlamberts from a source of direct light, or one hundred footlamberts
from a source of reflected light.
2. The intensity of light at the boundary of an industrial zone, or an industrial
area in a planned development (P) zone, shall not exceed fifty footlamberts
from a source of direct light, or seventy-five footlamberts from a source of
reflected light.
3. In the event there is a conflict with Chapter 19.102, the less stringent
lighting standards shall avvly.
D. Smoke. No emission shall be permitted at any point, from any chimney or otherwise,
of visible grey smoke of a shade equal to or darker than No. 1 on the Ringelmann
Smoke Chart, as published by the U.S. Department of Interior, Bureau of Mines,
Bird-Safe and Dark Sky Regulations- Page 62
Page 63
Informational Circular 8333, May 1967; except that a visible grey smoke of a shade
equal to No. 2 on the Ringelmann Smoke Chart may be emitted for four minutes in
any thirty minutes.
E. Hazardous and Toxic Materials. The use, handling, storage, and transportation
of toxic and hazardous materials shall comply with the provisions of the California
Hazardous Materials Regulations (California Administrative Code, Title 22, Division
4). The use, storage, manufacture and disposal of hazardous materials shall be
regulated and monitored according to the standards established by the U.S.
Environmental Protection Agency (EPA), the California Environmental Protection
Agency (Cal/EPA) and any delegated government agencies.
F. Odor. No emission of odorous gases or other odorous matter shall be permitted
in such quantities as to be readily detectable without the aid of instruments at the
boundaries of the lot or in such concentrations as to create a public nuisance or
hazard beyond such boundaries. Any process which may involve the creation or
emission of any odors shall be provided with a secondary safeguard system so that
control will be maintained if the primary safeguard system should fail. There is
established as a guide in determining such quantities of offensive odors, Table III,
Odors Thresholds, in Chapter 5 of Air Pollution Abatement Manual, copyrighted in
1951 by Manufacturing Chemists Association, Inc., Washington, D.C.
G. Fly Ash, Dust, Fumes, Gases and Other Forms of Air Pollution. No emission
shall be permitted which can cause any damage to health, animals, vegetation or
other forms of property, or that will result in the collection of heavy gases at ground
level. No emission shall be permitted in excess of fifty percent of the standards
specified in Table I, Chapter 5 of Industrial Hygiene Standards, Maximum Allowable
Concentrations of the Air Pollution Abatement Manual, copyrighted in 1951 by
Manufacturing Chemists Association, Inc., Washington, D.C. In no event shall any
emission, from any chimney or otherwise, exceed one-tenth of a grain (0.1 grain) per
cubic foot of the conveying gas. For measurement of the amount of particles in gases
resulting from combustion, standard corrections shall be applied to a stack
temperature of five hundred degrees Fahrenheit and fifty percent excess air.
Wastes. No discharge shall be permitted into any public street or sewer, private sewage
disposal system, stream, body of water, or into the ground, of any materials of such
nature or temperature as can contaminate any water supply, interfere with bacterial
processes in sewage treatment, corrode or otherwise damage sewers or pipelines, or
otherwise cause the emission of dangerous or offensive elements, except in accordance
with standards approved by the California Environmental Protection Agency (Cal/EPA)
and any other governmental agency having jurisdiction over the activitie.
Bird-Safe and Dark Sky Regulations- Page 63
Page 64
6. Amendments to Section 19.124.040 concerning lighting in off-street parking
19.124.040 Regulations for Off-Street Parking.
Table 19.124.040 sets for the rules and regulations for Off-Street Parking.
Table 19.124.040 -Regulations for Off-Street Parking
Parking Ratio Table 19.124.040(A) defines the minimum and
A. and Dimensions maximum required number of parking spaces by size
and type for specific zoning districts and use within
districts.
Residential Lots If no on-street parking is available, two additional off-
B. Fronting on Public or street spaces are required.
Private Streets
Requirements are in addition to minimum
requirements of the zoning district. May be on-street, in
C. Large-Family Day Care front of provider's residence. If the provider is relying
Home on on-street parking and the roadway prohibits on-
street parking, a semi-circular driveway may be
provided, subject to other provisions of the Municipal
Code.
1 Non-resident Employee Minimum of one parking space for each non-resident
Parkin em to ee.
2. Drop-off Parking Minimum of one parking space with direct access to the
unit, not crossing a street.
Aisle dimension shall be as required by standard
D. Aisle Dimensions details adopted by the City Engineer and shown in
Table 19.124.040(B)
Loading areas, truck parking spaces and parking spaces
for vehicles other than automobiles shall have ample
E. Loading Areas dimensions for the particular use and type of operation,
and be designed as required by the City Engineer
except in the case of loading areas in the OP and MP
zones which are specified in Chapters 19.68 and 19.72.
Planned Development The parking requirement contained in Table
F. Districts 19.124.040(A) functions as guidelines for projects in
Tanned development zoning districts.
Bird-Safe and Dark Sky Regulations- Page 64
Page 65
Table 19.124.040 -Regulations for Off-Street Parking
The minimum parking requirement for developments
G. Mixed-Use and Shared with more than one land use, or parking facilities being
Parking used by one or more properties, shall be determined
using Table 19.124.040(C).
For all projects not meeting parking requirements in
H. Alternative Table 19.124.040(A), (B) or (C), alternative parking
Parking arrangements may be approved per Section
Standards 19.124.060C
Tandem, Valet and Tandem, Valet, and other special forms of parking may
I. Other Special Parking be approved per Section 19.124.060C.
Arrangements
Minimum Stall Uni-size space located in a parking garage or other
J. Dimensions in Parking enclosed parking structure intended for non-
Structures residential uses is eight and one-half (8.5) feet by
eighteen (18) feet.
1 Space adjacent to a Nine feet by eighteen feet.
wall or structure on
one side
2 Space adjacent to a wall Nine and one-half feet by eighteen feet.
or structure on both
sides
The accessible parking requirement for the disabled is
K. Accessible Parking for embodied in Section 1129 B of the California Building
the Disabled Code, as amended, is hereby incorporated into this
chapter by reference.
1. May only be stored within entirely enclosed
structures or behind six-foot-high fencing in interior
side yard and rear yard setback areas; and
2. In no case shall these items be visible from the
L. Heavy Equipment street even when placed in permitted areas.
3. The provisions in L(1) and L(2) shall not apply to
heavy equipment stored on site that is being used for
construction or installation of improvements with a
valid building or grading permit.
M. Other Regulations Outlined in Title 11 of the Municipal Code.
Bird-Safe and Dark Sky Regulations- Page 65
Page 66
Table 19.124.040 - Regulations for Off-Street Parking
Applicable to all new centers and centers with a
twenty-five percent or greater increase in floor area or
a twenty-five percent or greater change in floor area
N. Landscape resulting from use permit or architectural and site
Requirements approval within twelve months shall be required to
meet the following minimum landscape requirements.
However, the Planning Commission and/or City
Council may recommend additional landscaping.
As required in Table 19.124.040 (N)(1) below:
Table 19.124.040(N)(1):
Size of Minimum Required Interior
Parking Landscaping
Facility (% of Total Parking Interior Facility
Minimum (Sq. Ft. ) Area)
1. Interior
Landscaping Under 14,999 5%
15,000 -29,000 7.5%
30,000 plus 10%
i. Shall be planted or exist at a rate of one tree for
every five parking stalls for every ten spaces in a
single row.
ii. Only fifty percent of the trees located along the
2. Parking Lot trees perimeter of the parking area may count towards the
required number of trees.
iii. A parking facility with larger trees with high
canopies may be allowed to increase the number of
parking stalls (up to 10 parking stalls per tree)
depending on the size of the tree and canopy size.
3. Landscape Planter Strip At least three feet wide by the length of the parking
space.
Shall be offset to prevent vehicles from bumping into
4. Placement of Trees them. The Planning Department shall review and
approve final tree locations.
Bird-Safe and Dark Sky Regulations- Page 66
Page 67
Table 19.124.040 -Regulations for Off-Street Parking
i. When parking lot is adjacent to a street, landscape
Landscape Buffer buffer=ten feet wide
(inclusive of curbing
5' and vehicle overhang ii. When adjacent to a side or rear property line,
allowance) landscape buffer=five feet wide,
iii. Buffer between double loading stalls=four feet.
i. Landscape areas shall be enclosed by a six-inch
wide continuous flat curb allowing parking lot run off
into landscaping area, infiltration islands or swales.
ii. Concrete wheel stops shall be placed on top of the
flat curb and shall be provided at a rate of one per two
Flat and Raised Curbs, stalls.
Wheel Stops and
6. Overhang into iii. Landscape planter strips at the end of the parking
landscaped areas aisles adjacent to a driveway shall be enclosed by a six-
inch raised concreted curb with drainage outlets to
help delineate the driveways or aisles.
iv. Parking stall length may be decreased by up to two
feet but must provide an equivalent vehicle overhang
into landscaped areas.
i. Curbed planter strips shall be provided at the end
of each parking aisle.
7. Planter Strips
ii. Landscape planter strip shall be at least three feet
wide and the length of a parking stall.
Where appropriate, provision shall be made to ensure
8. Pedestrian Paths that adequate pedestrian paths are provided
throughout the parking lot/landscaped areas.
9. Minimum Tree Size Trees require to meet any section of this title shall be a
minimum of fifteen gallon size.
10. Tree Protection All trees shall be protected by wheel stops, curbing,
bollards or other similar barriers as appropriate.
11. Maintenance All landscaping shall be continuously maintained.
Bird-Safe and Dark Sky Regulations- Page 67
Page 68
Table 19.124.040 -Regulations for Off-Street Parking
In order to reduce urban runoff and provide water
Swales and Permeable quality benefits in parking lots, all new parking lots or
0. Surfaces any substantial alterations to existing parking lots shall
incorporate the following design measures to the
maximum extentpossible:
1. Bio-swales Incorporate bio-swales in the required landscaping
buffers.
i. Longitudinal slope of the swale shall be between
one percent and five percent.
ii. Swales of greater than three percent may be
required to install check dams to reduce velocity
through swale.
a. Standards for bio-swales
iii. Side slope shall not exceed 3:1
(horizontal:vertical).
iv. All swales shall be required to provide an
adequate under-drain system to prevent ponding.
Swales shall be designed to eliminate any ponding of
water for more than forty-eight hours.
2. Permeable surfaces Use permeable or semi-permeable materials for the
parking stalls
Bicycle parking shall be provided in multi-family
residential developments and in commercial districts.
In commercial districts,bicycle parking shall be
P. Bicycle Parking conveniently located and adjacent to on-site bicycle
circulation pedestrian routes. The bicycle parking
facilities shall be one of the following three
classification es:
These facilities are intended for long-term parking and
are intended to protect the entire bicycle or its
1. Class I Facility individual components and accessories from theft. The
facility also protects the cycle from inclement weather,
including wind driven rain. The three design
alternatives for Class I facilities are as follows:
Bird-Safe and Dark Sky Regulations- Page 68
Page 69
Table 19.124.040 -Regulations for Off-Street Parking
A fully enclosed space accessible only by the owner or
a. Bicycle Locker operator of the bicycle. Bicycle lockers must be fitted
with key locking mechanisms.
Class III bicycle parking facilities located within a
locked room or locked enclosure accessible only to the
owners and operators of the bicycle. The maximum
capacity of each restricted room shall be ten bicycles. In
b. Restricted Access multiple family residential developments, a common
locked garage area with Class II parking facilities shall
be deemed restricted access provided the garage is
accessible only to the residents of the units for whom
the garage is provided.
A fully enclosed chain link enclosure for individual
bicycles, where contents are visible from the outside,
C. Enclosed Cages which can be locked by a user provided lock. This
facility may only be used for multiple family
residential uses.
i. Intended for short term parking. A stationary
object which the user can lock the frame and both
wheels with a user provided lock.
ii. The facility shall be designed so that the lock is
protected from physical assault.
2. Class II Facility
iii. A Class II facility must accept U-shaped locks and
padlocks.
iv. Class II facilities must be within constant visual
range of persons within the adjacent building or
located at street floor level.
i. Intended for short-term parking. A stationary
object to which the user may lock the frame and both
wheels with a user provided cable or chain and lock.
Class III Facility
ii. Spacing of the bicycle units shall be designed for a
handlebar width of three feet, distance from bottom of
wheel to top of handlebar of three feet and six inches
Bird-Safe and Dark Sky Regulations- Page 69
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Table 19.124.040 -Regulations for Off-Street Parking
and a maximum wheel-to-wheel distance of six feet.
Q. Parking Lot and Nffew lighting fixtures for aFy new site
�rstFuet;e shall meet the following requirements in
Structured Parking ,.,
Lighting addition to the requirements of Chapter 19.102:
All ^��er-lighting shall be a white type light either
1. 1~-nor Light Color metal halide or a comparable color corrected light
unless otherwise approved as part of a development
plan for uniformity, not allowing any dark areas in the
parking lot.
i. The light fixtures shall be oriented and designed to
preclude any light and direct glare to adjacent
2. Lighting Glare residential properties.
ii. No direct off-site glare from a light source shall be
visible above three feet at a public right-of-way.
Parking lots, sidewalks and other areas accessible to
3. Lighting Intensity pedestrians and automobiles shall be illuminated with
a uniform and adequate intensity. Typical standards to
achieve uniform and adequate intensity are:
a Average Horizontal Between one and three foot-candles
Maintained
Illumination
b Average Maximum to Should be generally between six and ten to one
Minimum Ratio
C.
Minimum Intensity Minimum three foot-candles vertically above the
above Parking Lot parking lot surface shall be maintained.
Surface
4. Critical Areas Such as stairways, ramps and main walkways may
have a higher illumination.
Automatic --a-'---'a -'-_-'-'-' -'-'-"---'--- teller---'-'--'--'-`'
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Teller-A - ,14;, ,s standards r� >=edb4eStto z--iiws- an
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6-.5. Shatter Resistant Lenses Shatter resistant lenses should be placed over the light
to deter vandalism.
Bird-Safe and Dark Sky Regulations- Page 70
Page 71
Table 19.124.040 - Regulations for Off-Street Parking
i. Lighting should utilize vandal-resistant fixtures
and
7-.6. Underground and ii. Maintain a minimum five lux level of color-
Structured Parkins corrected lighting for maximum efficiency.
Lighting
REntrances
arking Garage Portal lighting should be provided inside all parking
garages entrances.
R. Parking Space Dimension Chart. Parking space dimensions shall be as shown in
Table 19.124.040(A):
Table 19.124.040(A)
Bicycle Stall
Parking Bicycle Parking Dimensions
Land Use Zones 2 g Parkin 4
Ratio(2) Class(4) (3)
Residential
Single-Family R- 4/DU (2 10 x 20 ea.
1/RHS/ garage+2
Al/P open)
Small Lot Single- 2 8/DU (2
family, P garage 10 x 20 ea.
Townhouse +0.8 open)
3/DU (1 1/2
Duplex R2 enclosed+ 1 10 x 20 ea.
1/2 open)
High Density 1 space per 2
Multiple-Family, residential units; Class I
2/DU (1 and
High Density R3 covered 1 space per 9.5x20ea.
Multiple Story + 1 open) 10 residential Class II
Condominium units
Public/Quasi-Public/Agriculture
Bird-Safe and Dark Sky Regulations- Page 71
Page 72
Table 19.124.040(A)
Bicycle Stall
Parking Bicycle Parking Dimensions
Land Use Zones 2 g Parkin 4
Ratio(2) Class(4) (3)
Churches, Clubs, 1/4 seats 2% of seats.
Lodges, Theaters BQ/CG +1/employee Class II Uni-size
+1/special- Minimum two
purpose spaces
vehicle
1/employee+
1/56 sq. ft.
multipurpose
Schools and room+8 1 space per
BA/BQ Class II Uni-size
School Offices visitor 5 students
spaces/school
+ 1/3 students
at senior H.S.
or college
level
Daycare Centers CG 1/6.5 students Uni-size
Martial Arts, CG
Dance/Art/Music 1/4 students
Studios, Tutorial plus 1/1 staff
Services, at any given 1 space per
specialized CG time or 1/250 5 students Class II Uni-size
schools (does not whichever is
include adult
more
tutorial schools or restrictive
services)
Agriculture A 2 garage+ 10 x 20 ea.
2 open
Sanitariums and
1/doctor+1/3
Rest Homes BQ employees+ Uni-size
1/6 beds
1/5,000 sq. ft.
1/4 seats+
Private Recreation FP 1/employe Minimum two Class II Uni-size
e spaces
Bird-Safe and Dark Sky Regulations- Page 72
Page 73
Table 19.124.040(A)
Bicycle Stall
Parking Bicycle Parking Dimensions
Land Use Zones 2 Parking 4
Ratio(2) Class(4) (3)
Gyms, 1/5,000 sq. ft.
Auditoriums, 1/56 sq. ft.
floor area used BA/BQ purposes+ Minimum two Class II Uni-size
Skating Rinks for 1/employee spaces
seating without
fixed seats
Commercial
1/unit+ 1/20,000 sq.
Motels/Hotels/ CG 1/employee ft Class II Uni-size
Lodging (2)
(3)
1/3 seats+
Restaurant/Bar CG 1/employee+ 1/2,000 sq. ft. Class II Uni-size
and Nightclubs 1/36 sq. ft. of
dance floor
1/4 seats+
Restaurants CG 1/employee+ 1/2,000 sq. ft. Class II Uni-size
without Separate 1/36 sq. ft. of
Bar dance floor
Restaurant- CG 1/3 seats+ 1/2,000 sq. ft. Class II Uni-size
Fast Food 1/employee
1/3 seats or
Specialty Foods CG 1/250 sq. ft. 1/2,000 sq. ft. Class II Uni-size
whichever
is more
Bowling Alleys CG 7/lane+ 1/5,000 sq. ft. Class II Uni-size
1/employee
1/1,250 sq. ft.
up to 25,000 sq.
ft.
1/2,500 sq. ft.
between 25,000—
50,000 sq. ft.
Bird-Safe and Dark Sky Regulations- Page 73
Page 74
Table 19.124.040(A)
Bicycle Stall
Parking Bicycle Parking Dimensions
Land Use Zones 2 Parking 4
Ratio(2) Class(4) (3)
1/5,000 sq. ft.
over 50,000 sq.
General CG 1/250 sq. ft. ft. Class II Uni-size
1/5,000 sq. ft.
Bulky
Merchandise (5)
Industrial
Manufacturing ML 1/450 sq. ft. 1/12,000 sq. ft. Class I Uni-size
/1,250 sq. ft. or
1/15 employees,
Office/Prototype ML/OA 1/285 sq. ft. whichever is Class I Uni-size
Manufacturing more restrictive.
Office
1/1,250 sq. ft. or
Corporate/ 1
Administrative/ /15 employees,
General Multi- CG/OP 1/285 sq. ft. Whichever is Class I Uni-size
Tenant more restrictive.
Medical and CG 1/175 sq. ft. 1/1,250 sq. ft. Class II Uni-size
Dental Office
Notes:
1. Refer to Table 19.124.040(B) for uni-size stall dimensions.
2. Refer to standard details table for requirements for handicapped parking.
3. See 19.124.040(J) for stall dimensions in parking structures.
4. See 19.124.040(P)for description of bicycle parking classes.
5. Retail space devoted to the handling of bulky merchandise such as motor
vehicles, machinery or furniture, excluding grocery stores.
Bird-Safe and Dark Sky Regulations- Page 74
Page 75
Table 19.124.040(B)
Stall Aisle Width Aisle Width
Type of Angle (In Car Space
Parking Stall Degrees) Width (One-Way (Two-Way Depth
Aisle) Aisle)
(A) (B) (B) (C)
Uni-Size 00 8.5 10.0 18.0 22.0
300 8.5 10.0 18.0 18.0
350 8.5 10.0 18.0 18.0
400 8.5 10.0 18.0 18.0
450 8.5 10.0 18.0 18.0
500 8.5 10.0 18.0 18.0
550 8.5 11.5 18.5 18.0
600 8.5 13.0 19.0 18.0
650 8.5 14.5 19.5 18.0
700 8.5 16.0 20.0 18.0
900 8.5 N/A 22.0 18.0
NOTES TO TABLE:
- For handicap accessible spaces, please refer to § 1118A.4 of 1994 Uniform
Building Code.
- For further information, please refer to the Public Works Department Standard
Details.
A
I
D
Bird-Safe and Dark Sky Regulations- Page 75
Page 76
Table 19.124.040(C): Calculating Shared Parking for Mixed-Use Developments
Weekday Weekend Nighttime
Weekday Weekend Nighttime
Daytime Evening Daytime Evening
(9:00 a.m. - (6:00 p.m. - (9:00 a.m. - (6:00 p.m. - (midnight-
4:00 p.m.) midnight) 4:00 p.m.) midnight) 6.00 a.m.)
Residential 75% 100% 80% 100% 100%
Office/Industrial 100% 10% 10% 5% 5%
Retail 60% 90% 100% 70% 5%
Hotel 75% 100% 75% 100% 10%
Restaurant 100% 100% 100% 100% 10%
Entertainment 40% 100% 80% 100% 10%
/Recreational
1. Determine the minimum amount of parking required for each land use as
though it were a separate use;
2. Multiply each amount by the corresponding percentage for each of the five time
periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the parking space requirement.
1301387.2
Bird-Safe and Dark Sky Regulations- Page 76