Ordinance 002(x)ORDINANCE 110 . 002 (x )
AN ORDINANCE OF THE CITY OF CUPERTINO, STATE OF CALIFORNIA, REGULATING
PROFESSIONAL ADMINISTRATIVE PARK ZO1T~S (PA-PH) AND LIGHT INDUSTRIAL
PARK ZONES Ml- PH~ _
THE CITY COUNCIL OF THE CITY OF CUPE:ftTTNO DOES ORDAIN AS FOLLOWS:
SECTION 1 REPEALING CLAUSE
Ordinances No. 002(h) and 002(p) are hereby repealed as of the
effective date of this ordinance. The content of these repealed ordin-
ances is retained in this Ordinance X10. 002(x). Certain requirements
for PA-PH Zones are extended to M1-PH Zones, and vice versa. A section
requ~.ring a Development Plan is added.
SECTION 2 INTERIM NATURE OF THIS ORDINANCE
This Ordinance Zs introduced and enacted in order to make certain
needed adjustments in file requirements of Ordinances No. 002(h) and
002(p). It is understood, that this Ordinance No. 002(x) may be changed
when later made a part of the entire revised Zoning Ordnance.
SECTION 3 PURPOSE: MINIMUM AREA TO BE REZONED
This ordinance is designed to provide regulations for parcels or
combinations of parcels of land of 25 acres or more on which develop-
ment of professional administrative and light industrial parks is deemed
appropriate.
SECTION 1#.1 USES PERMITTED: Professional Administrative Park:
a) Professional offices
b) Executive and administrative offices
c) Medical and allied laboratories
d) Research and development (no product for final consumption)
SECTION 4.2 USES PERMITTED: Light Industrial Park:
All uses stated in the above su.b-paragraph; also light manufac-
turing, processing, assembling and storage of products and
materials.
SECTION 5 OFFENSIVE USES PROHIBITEf~
No use shall be allowed wizici~ is or will be offensive by reason
of the emission of dust, gas, smoke, noise, fumes, odors, bright lights,
vibrations, nuclear radiation, radic frequency interference, or other-
wise. Every use shall be operated in such manner that the volume of
sound inherently and recurrently ger.~erated shall nat exceed seventy-
five (75) decibels at an point on the property line on which the use
is located, or sixty (60~ decibels a.t any point on the property line
on which the use is located where sL~ch property line abuts property
that is zoned for residential purpo~;es. Noises and sounds shall be
appropriately muffled in such mannez~ so as not to be objectionable as
to intermittent beat, frequency, or shrillness. Provided further,
that prior to issuance of a buildin@; permit, the Building Inspector
may require evidence that adequate controls, measures, or devices have
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been provided to insure and protect the public interest, health, com-
fort, convenience, safet;~ s,nd general ~~~elfare from such nuisances.
SECTION E LOT AREA, DYN~r,i.3SIONS, AND COVERAGE
Minimum lot size: acre
Minimum lot dimensi~:~~. in ai1.Y. dire•^ i:icn: 150 ~':
Maximum building co,:erage: 40 pex pert
SECTION 7.1 YARDS
Front Yard: 50 ft ~. ?_~z a PA-PH zone; 30
Rear Yard: 30 ft, i;Z a PA-PH Zone; 25
Side Yard: 20 ft. ~.n a PA-PH Zone; 2~
Side Yard (facing street or corner lot
25 ft, yn an Nil-PH Zc;nc
ft in ~.L} Pal-PH Zone
ft. 3n an Ml-PH Zone
ft. in an M1-PH Zone
50 ft. in a PA-PH Zone;
SECTION 7.2
In addition to the requirer~l::nts
structure other than a fence or wall
be located closer to a property ~_ine
height of the structure measure~7 from
by Section 7.4 of this Ordinance.
ir: ;hP above subparagraph, no
nc'., more than ~ i°t. hS,gh shall
th:~.n the dis~znc~ equal to the
rw~cural gray` ^, except as required
SECTION 7.3
No structure in excess of 35 ft. in height shs.1)_ be located aloser
to a residential zone than a distance equal to four times its height.
SECTION 7.4
The minimum distance between a building in an M1-PH or a PA-PH
Zone and a Residential Zone shall be one hundred (1~0) ft. A solid
masonry wall or fence n~~. less than six (6) ft. hi,.~^. 5ha11 be located
on the property line ad~~.cent to a Residential Zo~,~, :i,f required by
the Planning Commission or the ~'ti.rchitectural and Site Control Committee.
Otherwise there shall be a buffer area not less than twenty-five (25)
ft. wide adjoining a Res~ic~ential Zone, landscaped a.s approved by the
Architectural and Site C~~~itrol Committee.
SECTION 8 DISTANCE BETW~.EN BUILDINGS
In addition to the .requirements ire. Section 6 of this Ordinance No.
002(x), there shall be a minimum distar~~e of 30 ft. between buildings
on the same lot; except z"'or building complexes of similar architecture
on lots of 10 acres or more.
SECTION 9.1 BUILDING BIGHT
Building height shall not exceed three stariF.~ ,,,;r 35 ft. to top
parapet wall. The height of a radio o:.• TV aerial, ~~:~ wator penthouse,
utility structures and ne~~essary mecha:;ica1 appurrF~nances constructed
on a roof shall not be counted in determining building height. The
approval of the Architectural and Site Control Committee must be secured
for any of the foregoing items extending above the z°oof line of the
building.
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SECTION 9.2 BUILDING HEIGHT
The above sub-paragraph nottaitY~istanding, higher buildings and
structures are allowed as a PA-PH ox' M1-PH use within a Planned Com-
munit Zone (PC-H), sub~eet to the ~>rocedures stipulated in Ordinance
002(0 and S etion 7.3 of this Ordinance. The Planning Commission may
also allow h~gher buildings and str~:cctures in a PA-PH or M1wPH Zone,
in locations where in the opinion of the Planning Commission they are
consistent with the o®erall design of the development, Tn all eases
the requirements in Sections 7 and ~3 of this Ordinance shall. apply,
and plans are sub~eet to the approv~~l of the Architectural and Site
Control Committee.
SEGTlrON 10 FENCES, HEDGES AND WALL:>
No fence, hedge or wall shall be higher than two and half (22) feet
within a front yard. All planting, fencing and walls, including, but
not restricted to fences and walls <~long rear and side property lines,
shall be as approved by the Archite<tural and Site Control Committee.
SECTION 11 SIGNS
Signs shall be subject to the ~~rovisions of the Sign Ordinances
of the City of Cupertino No. 8g, 89{b), and 121.
SECTION 12.1 OFF-STREET PARKING
The developer must provide suf~'icient off-street parking and
access lanes to accommodate the permanent working force within the
building to be constructed as well ~~.s any and all visitors to the
buildings. As a minimum, one car s~~a.ce shall be provided for each
1.3 employees working within the area, or:
(a) In a PA-PH Zone: One car space for each 150 sq. ft. of
gross f:Loor area in buildings, or,
(b) In an M1-PH Zone: One car space for each 250 sq. ft. of
building; floor area exclusive of halls,
rest ro~~ms, vaults, elevator shafts,
lunch r~~oms, and building maintenance
areas,
whichever number of car spaces is greater.
SECTION 12.2 OFF-STREET PART{ING
A parking space shall be defined as 20 ft. x 10 ft, plus sufficient
pavement for ingress and egress. Off-street parking will not be allowed
within the required front yard nor 3.n any required side yard facing the
street on a corner lot, and shall not occupy space provided in satis-
faction of loading area requirements.
SECTION 1? LOADING SPACE
In addition to parking space required by Sec. 12 of this Ordinance
No, 002(x), there shall be provided at least one (1) permanently main-
tained loading space not less than ten (10) ft, in width, thirty (30}
ft, in length, and fifteen (15) ft. high for each 20,000 sq. ft, of
gross building floor area or fraction thereof. All loading space shall
have ingress and egress from alleys or service drives. Loading space
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may not be located within the req~~tred front yard ~~*• in any required
side yard facing the st:c°F:•~t on a ^orner ? ot.
SECTION 14 UTILITIES
All utilities incluu~.,.g water, ga:: • sanitary a.~~r, storm sewers,
underground power system:.:, e1ec~~~=c~.~ie:a;~ . ~:urbs, gu4•-'-; :•s, streets and
sidewalks and connections ~~,o main. syst ~~.,~: sha.ll be _~.r.s•ralled subject
to the specifications of ;•iZe su'cdivisior.~ ordinance c" the City. A11
wires, pipes, cables and :i;ility connec ~;~.ons shall L ~ placed in under-
ground or subsurface cond.~::~.ts, lln underground vaul•~- ~.r well screened
area must be provided bjj '-~ ~e developer or the ins t ;:Nation of the
necessary transformers 'cu convert power to that required by an user.
SECTION 1~5.r1 DEVELOPMENT PLAN
A Development Plan, or successive ai~.difications or additions to
the development plan shall. be submitted ~o the Planning Commission for
approval. Such Plan shall comprise encu~h area to make possible, in
the ,judgment of the City Planner, a,n e :- =+.Z~~.ation o.- z over-all effect
of the separate buildings a.nd a^'.-:;.vit9.;=• i.n each pa~•i; :~f the development
on the development and on ad,jacen.;; area.. -
SECTION 15.2 DEVELOPMENT PLAN
A Development Plan rha11 include:
(a) Types of buildings and location of areas wrich may be
covered by buildings new or in the future,
(b) Proposed system of public and private st.reecs including
cross-sections .cor all types of streets.
(c) General type of landsco.ping,
(d) Other information wh9_ch may b~ requested ;~y the Planning
Commission or the City Planner.
SECTION 16 ARCHITECTURA:--• r',ND S.iT:F~ APPw0',i~1L
Professional Adminis i:~ative Park Zones and Ligh~:; Industrial
Park Zones are subject t-, 9rchitectural s.nd Site re~r:Le~a, as set
forth in Ordinance No. 30~ of the City o•' Cupertino; defining the
function of the Architect~.~.ral and Site Control Com, ~;.*;tee.
SECTION 17.1 OCCUPANCY Y~RMIT
No building or struc~are hereafter ::rected shall be occupied
until written notice has •r,een received .~y the Building Official of
the City that it is ready for occupany, ~_nspection has been made that
it is in conformity with the Ordinances of the City and an occupancy
permit issued therefor b~- the Building ~) ~°.ficial of tine City.
SECT-ION 17.2 OCCUPANCY PERMIT
In the event landsc~ r-.a~g i.~ nut co~:.ti~~.eted at
occupancy due to weather •.;cr..Zditi.ons, a r~~~~nd shall
the City Clerk in the ar~o~~,.~* to be detcr:.,.~:zed by
lawful bids.
...c u:ime of
i~~e ~:osted with
a.~c 1.~~~r,t two (2)
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SECTION 18 PENALTIES
Any person, firm, c; c.~•pox~a,tion, pa~~nership, or copartnership v~ho
wilfully violates any of the provisi~~ns, or fails to comply with any of
the mandatory requirements of this o:rdir.ance, is gu~~.lty of a misdemeanor,
and upon conviction themo!", shall b~~ p~ln:ishable by ~~ fine not to exceed
$500.00 or by imprisonment not to excenc sax (6 j mc~-.T~~~N, or both Pine and
imprisonment, except that r:othing :ze:re.r. contained _r~.ll be deemed to bar
any legal, equitable, or >-~:mmary remedy ,;o which tf~F~ %:~.ty of Cupertino or
other political subdivisic~r, or arty ;person, firm, co-~~~~oration, partnership,
or copartnership may othe ~~r~ise be em~itled, and the ~;~.ty of Cupertino or
any other political subd:~.vision c r p~~rsur~, firm, c~~ ~:~;~.-~r.~s.tion, partnership,
or copartnership may fil~ a. suit an i,he Superior Court of the County of
Santa Clara, to restrain or en,~oin arty attempted or proposed subdivision,
or acts, in violation of this Ordinance.
SECTION 19 SEVERABILITY
If any section, subsection. 3enten.~e, clause or phrase of this
Ordinance is for any reason held by ~~ Courrt of compei:?r~t jurisdiction
to be invalid, such decision shall nc>t affect the validity of the remain-
ing portions of this Ordinance. The City Council of the City of Cupertino
hereby declares that it would have p~:ssed this Ordinance and each section,
subsection, sentence, clause and phr~:se thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases
be held invalid or unconstitutional.
SECTION 20 PUBLISHING CLAUSE
The City Clerk is hereby authorized and directed to cause a copy
of this Ordinance to be published, verbatim or condensed, at least once
within fifteen (15) days after its er.:actment in the Cupertino Courier,
the official newspaper of the City of Cupertino. This ordinance shall
take effect and be in force thirty (?0} days after its enactment.
INTRODUCED at a regular mee~cing of the City Council of the City
of Cupertino, on the 17th day of May, 1865, and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 7th day of
June, 1965, by the following vote:
AYES: Councilmen: Finch, Fitzgerald, Noel, Dempster
NOES: Councilmen: None
ABSENT: Councilmen: Stokes
.APPROVED:
IKayor, City of rur.~rtino
ATTEST:
City Clerk
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