Ordinance No. 10-2056 Amend Municipal Code to Comply with the Housing Element of the City of Cupertino General Plan ORDINANCE NO. 10 -2056
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING THE
CUPERTINO MUNICIPAL CODE TO COMPLY WITH THE HOUSING ELEMENT OF
THE CITY OF CUPERTINO GENERAL PLAN
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the
sections of the Cupertino Municipal Code identified in the Table of Contents below shall be
amended as follows:
TABLE OF CONTENTS
AMENDMENTS RELATED TO ALLOWING EMERGENCY SHELTERS IN QUASI- PUBLIC BUILDING
(BQ) ZONES 1
19.08 Definitions 1
19.08.030 Definitions 1
19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation (T) Zones
1
19.64.040 Permitted Uses in a BQ Zone. 1
AMENDMENTS RELATED TO TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING 2
19.08 Definitions 2
19.08.030 Definitions 2
19.16 Agricultural (A) Zones 2
19.16.030 Permitted Uses 2
19.20 Agricultural- Residential (A -1) Zones 3
19.20.030 Permitted Uses 3
19.28 Single Family (Rl) Zones 4
19.28.030 Permitted Uses 4
19.32 Residential Duplex (R2) Zones 5
19.32.030 Permitted Uses 5
19.36 Multiple Family Residential (R3) Zones 6
19.36.030 Permitted Uses 6
19.40 Residential Hillside (RHS) Zones 6
19.44 Residential Single - Family Cluster (R1C) Zones 8
19.44.040 Permitted Uses 8
AMENDMENTS CLARIFYING THE PARKING ORDINANCE 9
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Ordinance No. 10 -2056
19.100 Parking Ordinance 9
19.100.040 Regulations for Off - Street Parking. 9
19.100.060 Exceptions. 10
AMENDMENTS RELATED TO PLANNED DEVELOPMENT PERMITS 12
2.08 City Council — Rules and Conduct 12
2.08.095 Reconsideration. 12
2.48 Departmental Organization 12
2.48.020 Departments and Divisions. 12
9.20 Off -site Hazardous Waste Facilities 13
9.20.030 Definitions 13
14.04 Street Improvements 13
14.04.010 Definitions 13
14.04.040 Requirements — General. 13
14.04.110 Improvements Installed Prior to Permit— Imposition of Street Improvement
Reimbursement Charges, Cost of Land and ]Interest. 14
14.04.130 Dedication — Requirements. 14
14.04.160 Preceding Permit— Conditions. 14
14.04.175 Reimbursement Agreement. 14
14.04.240 Appeals 15
14.05 Park Maintenance Fees 15
14.05.010 Definitions. 15
14.05.040 Requirements — General. 15
14.05.070 Determination of Fee 15
14.05.090 Appeals. 16
14.18 Protected Trees 16
14.18.020 Definitions. 16
14.24 Underground Utilities — New Developments 16
14.24.070 Use Permit Exceptions. 16
16.04 Building Code Adopted 16
16.04.050 Address Posting. 16
16.32 Swimming Pools 16
16.32.040 Safety Requirements. 16
18.28 Vesting Tentative Subdivision Maps 17
18.28.050 Filing and Processing. 17
19.08 Definitions 18
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Ordinance No. 10 -2056
19.08.030 Definitions 18
19.24 Open Space (OS) Zones 18
19.24.020 Applicability of Regulations. 18
19.36 Multiple Family Residential (R -3) Zones 18
19.36.050 Conceptual Plan 18
19.36.080 Architectural and Site Review 19
19.56 General Commercial (CG) Zones 19
Section 19
19.56.060 Permit for New Development. 19
19.56.07 Land Use Activity and Site Development Regulations. 19
19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation (T) Zones 20
19.64.070 Requirement of a Development Plan. 20
19.64.090 Site Development Regulations. 20
19.82 Beverage Container Redemption and Recycling Centers 20
19.82.060 Criteria and Standards. 20
19.116 Development Agreements 21
19.116.120 Review — Standard. 21
19.116.310 Separate Procedure. 22
19.118 Required Artwork in Public and Private Developments 22
19.118.020 Applicability of Regulations. 22
19.124 Planned Development Permits, Conditional Use Permits and Variances 23
Section 23
19.124.010 Authority of the Director of Community Development. 23
19.124.020 Application for Planned Development Permit, Conditional Use Permit or
Variance. 24
19.124.030 Action by the Director. 24
19.124.070 Planned Development Permit and Conditional Use Permit— Findings and
Conditions. 25
19.124.090 Effective Date 25
19.124.100 Expiration, Extension and Revocation. 25
19.124.110 Expansion of Planned Development or Conditional Uses. 26
19.124.120 Reports. 26
19.124.130 Concurrent Applications. 26
19.134 Architectural and Site Review 27
19.134.030 Authority of the Planning Commission 27
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Ordinance No. 10 -2056
19.134.090 Findings and Conditions 27
AMENDMENTS RELATED TO REASONABLE ACCOMMODATION 28
19.50 Reasonable Accommodation 28
19.50.010 Purpose. 28
19.50.020 Applicability. 28
19.50.030 Application Requirements 28
19.50.040 Approval Authority, Procedure and Decision. 29
19.50.050 Findings. 29
19.50.060 Appeals 29
19.16 Agricultural (A) Zones 30
19.16.020 Applicability of Regulations. 30
19.20 Agricultural - Residential (A -1) Zones 30
19.20.020 Applicability of Regulations. 30
19.28 Single Family Residential (R1) Zones.... 30
19.28.110 Exceptions. 30
19.28.130 Development Regulations— (R1 -a). 31
19.32 Residential Duplex (R -2) Zones 35
19.32.020 Applicability of Regulations. 35
19.36 Multiple - Family Residential (R -3) Zones 35
19.36.020 Applicability of Regulations. 35
19.40 Residential Hillside (RHS) Zones 35
19.40.140 Exception for Development of Certain Individual Hillside Lots. 35
19.44 Residential Single - Family Cluster (R1 -C) Zones 37
19.44.020 Applicability of Regulations. 37
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Ordinance No. 10 -2056
AMENDMENTS RELATED TO ALLOWING EMERGENCY SHELTERS IN QUASI- PUBLIC BUILDING
(BQ) ZONES
19.08 Definitions
19.08.030 Definitions
"Emergency shelter, rotating" means a facility that provides temporary housing with minimal
supportive services. Such shelters shall be limited to a time period of two months in a twelve-
month period at any single location and shall meet criteria in Section 19.64.040(A).
"Emergency shelter, permanent" means a facility that provides temporary housing with minimal
supportive services that is limited to occupancy of six months or less. Such shelters may be
permanently operated and shall meet criteria in Section 19.64.040(B).
19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation (T) Zones
19.64.040 Permitted Uses in a BQ Zone.
Building and other uses on land owned or uti] ized by the following types of organizations, for
the purposes enumerated herein, are permitted in a BQ zone: A. Rotating emergency shelter
provided that the following conditions are met:
1. Shelter is located within an existing church structure;
2. The number of occupants does not exceed twenty -five;
3. The hours of operation do not exceed six p.m. to seven a.m.;
4. Adequate supervision is provided;
5. Fire safety regulations are met; and
6. Operation period does not exceed two months in any twelve -month period at any single
location.
B. Permanent emergency shelter provided the following conditions are met:
1. Section 19.64.040(A) 1 -5; and
2. Occupancy is limited to six months or less.
Application for a rotating or permanent homeless shelter shall be made to the Director of
Community Development. The Director shall approve the application if it meets the above
standards.
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Ordinance No. 10 -2056
AMENDMENTS RELATED TO TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING
19.08 Definitions
19.08.030 Definitions
"Transitional housing" and "transitional housing development" (per CA Health and Safety Code
50675.2 (h)) 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.
"Supportive housing" (per CA Health and Safety Code 50675.14(b)) 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.
"Target population" (per CA Health and Safety Code 53260(d)) means adults 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) and may, among ether populations, include families with children,
elderly persons, young adults aging out of the foster care system, individuals exiting from
institutional settings, veterans, or homeless people.
19.16 Agricultural (A) Zones
19.16.030 Permitted Uses.
The following uses shall be permitted in the A zoning district:
A. Agriculture, horticulture, viticulture and forestry, including the following and similar
uses:
1. Field and truck crops, including drying and storage,
2. Orchards and vineyards, including bottling and storage,
3. Tree farms, botanical conservatories and arboreta,
4. Barns and sheds,
5. Keeping of draft animals, animals providing products used on the property, and
household pets,
6. Livestock ranches and dairy farms depending mainly on grazing on the property,
7. Processing of dairy products produced on the property,
8. Poultry raising and hatcheries,
Ordinance No. 10 -2056
9. Apiaries,
10. Nurseries, greenhouses and landscaping gardens,
11. Boarding kennels,
12. Animal breeding;
B. Single - family dwelling unit;
C. Residences of farm workers and their families whose primary employment is incidental
and necessary to agricultural operations conducted on the same parcel of land on which such
residences are located;
D. A second dwelling unit which conforms to the procedures, standards and requirements
of Chapter 19.64 except for a second dwelling unit requiring a conditional use permit;
E. Noncommercial stables, and the keeping of riding horses; the number of horses on each
lot at any time shall be limited to three except that additional foals may be retained for a period
of six months;
F. Accessory facilities and uses customarily incidental to permitted uses and otherwise
conforming with the provisions of Chapter 19.80 of this title;
G. Home occupations, when accessory to permitted use and otherwise conforming to the
provisions of Chapter 19.92 of this title and subject to any conditional use permit requirements of
that chapter;
H. Small- family day care home;
I. Residential care facility that is licensed b the appropriate State, County agency or
department with six or less residents, not including the provider, provider family or staff;
J. Congregate residence with ten or less residents.
K. Transitional and Supportive Housing.
19.20 Agricultural - Residential (A -1) Zones
19.20.030 Permitted Uses.
The following uses shall be permitted in an A -1 district:
A. Agriculture, horticulture, viticulture and forestry, including but not limited to, the
following uses:
1. Field and truck crops, including drying and storage,
2. Orchards and vineyards, including bottling and storage,
3. Tree farms, botanical conservatories and arboreta,
4. Barns and sheds,
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Ordinance No. 10 -2056
5. Keeping of draft animals and animals providing products used on the property, and
household pets;
B. Single - family dwelling unit;
C. Residences of farm workers and their families whose primary employment is incidental
and necessary to agricultural operations conducted on the same parcel of land on which such
residences are located;
D. A second dwelling unit conforming to the provisions, standards, and procedures of
Chapter 19.84 of this title, except for a second dwelling unit requiring a conditional use permit;
E. Noncommercial stables, and the keeping of no more than three riding horses, except that
additional foals may be retained for a period of si months after birth;
F. Accessory facilities and uses, customarily incidental to permitted uses and otherwise
conforming with the provisions of Chapter 19.80 of this title;
G. Home occupations, when accessory to other permitted uses and otherwise conforming to
the provisions of Chapter 19.92 of this title, and subject to any conditional use permit
requirements continued in that chapter;
H. Small - family day care home;
I. Large - family day care home, which meets the parking criteria contained in Chapter
19.100, and which is at least three hundred feet from any other large - family day care home. The
Director of Community Development or his/her designee shall administratively approve large
day care homes to ensure compliance with the parking and proximity requirements;
J. Residential care facility that is licensed by the appropriate State, County agency or
department with not more than six residents, not including the provider, provider family or staff;
K. Congregate residence with ten or less residents.
L. Transitional and Supportive Housing.
19.28 Single Family (R1) Zones
19.28.030 Permitted Uses.
The following uses are permitted in the R -1 single - family residence district:
A. Single - family use;
B. A second dwelling unit conforming to the provisions, standards and procedures
described in Chapter 19.82, except for those second dwelling units requiring a conditional use
permit;
C. Accessory facilities and uses customarily incidental to permitted uses and otherwise
conforming with the provisions of Chapter 19.80 of this title;
D. Home occupations in accordance with the provisions of Chapter 19.92;
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Ordinance No. 10 -2056
E. Horticulture, gardening, and growing of food products.
F. Residential care facility that is licensed by the appropriate State, County agency or
department with six or less residents, not including the provider, provider family or staff;
G. Small- family day care home;
H. The keeping of a maximum of four adult household pets, provided that no more than
two adult dogs or cats may be kept on the site;
I. Utility facilities essential to provision of utility services to the neighborhood but
excluding business offices, construction or storage yards, maintenance facilities, or corporation
yards;
J. Large- family day care homes, which meet the parking criteria contained in Chapter
19.100 and which are at least three hundred feet from any other large - family day care home. The
Director of Community Development or his/her designee shall administratively approve large
day care homes to ensure compliance with the parking and proximity requirements;
K. Congregate residence with ten or less residents.
L. Transitional Housing and Supportive Housing.
19.32 Residential Duplex (R2) Zones
19.32.030 Permitted Uses.
The following uses shall be permitted in the R -2 residential duplex district:
A. Two - family use under one ownership;
B. Accessory facilities and uses customarily incidental to permitted uses and otherwise
conforming with the provisions of Chapter 19.80 of this title;
C. Home occupations in each unit of a residential duplex dwelling subject, when accessory
to permitted residential use as provided in Chapter 19.92 of this title, and subject to any use
permit requirements contained in that chapter;
D. The keeping in each dwelling unit of a maximum of four adult household pets; provided
that no more than two adult dogs and two adult cats may be kept in each unit;
E. Utility facilities essential to provision of utility services to the neighborhood, but
excluding business offices, construction or storage yards, maintenance facilities, or corporation
yard;
F. Small - family day care home, in each unit;
G. Large - family day care home, which meets the parking criteria contained in Chapter
19.100, and which is at least three hundred feet from any other large - family day care home. The
Director of Community Development or his/her designee shall administratively approve large
day care homes to ensure compliance with the parking and proximity requirements;
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Ordinance No. 10 -2056
H. Residential care facility with six or less residents not including the provider, provider
family or staff, in each unit, that has a license from the appropriate State, County agency or
department;
I. Congregate residence with ten or less residents, in each unit.
J. Transitional Housing and Supportive Housing.
19.36 Multiple Family Residential (R3) Zones
19.36.030 Permitted Uses.
The following shall be permitted in an R -3 zoning district:
A. Multiple - family residential dwellings;
B. Accessory facilities and uses customarily incidental to permitted uses and otherwise
conforming with the provisions of Chapter 19.80 Df this title;
C. Home occupations, when accessory to permitted residential use, as provided in Chapter
19.84 of this title, and subject to any conditional use permit requirements contained in that
chapter;
D. Horticulture, gardening, and growing of :Food products for consumption by occupants of
the site and limited to a maximum of ten percent of the lot area.
E. The keeping of a maximum of four adult household pets per dwelling unit, provided that
no more than two adult dogs may be kept therein;
F. Temporary buildings for construction purposes (including trailers) for a period not to
exceed the duration of such construction;
G. Small - family day care home;
H. Residential care facility with six or less residents not including the provider, provider
family or staff, that has a license from the appropriate State, County agency or department;
I. Congregate residence with ten or less residents.
J. Transitional Housing and Supportive Housing.
19.40 Residential Hillside (RHS) Zones
19.40.030 Permitted Uses.
The following uses shall be permitted in an RHS zoning district:
A. Single - family dwelling units with not more than one dwelling unit per lot;
B. A second dwelling unit which conforms to the procedure, standards and requirements of
Chapter 19.84 of this code;
C. Home occupations which conform to the procedure, standards and requirements of
Chapter 19.92 of this code;
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Ordinance No. 10 -2056
D. Accessory buildings which conform to the procedures, standards and requirements of
Chapter 19.80 of this code;
E. Small - family day care home;
F. Residential care facility with six or less residents not including the provider, provider
family or staff, that has a license from the appropriate State, County agency or department;
G. The keeping of animals as follows:
1. Household pets limited to one animal per three thousand square feet of lot area except:
a. Adult dogs are limited to a maximum of two for lots less than one acre and four for lots
greater than one acre,
b. The number of geese, ducks, chickens, rabbits and other farm animals are not limited on
a site greater than one acre,
2. Small household pets,
3. Large animals, such as horses, cows, sheep, and goats, limited as follows:
a. Two large animals for the first forty thousand square feet of land area, except mules and
donkeys which require eighty thousand square feet for the first animal,
b. One additional large animal for each twenty thousand square feet of land area,
c. One additional large animal if said animal is raised for a 4H project, a project sponsored
by recognized agricultural organization or a school project,
4. The required lot area for a large animal shall not be included in the required lot area for a
household pet or vice versa, except that a maximum of two household pets may be kept with
large animals,
5. All animals must be kept and maintained in accordance with other Cupertino or Santa
Clara County codes and ordinances,
6. No animals kept and maintained in an RE-IS zoning district may be raised for commercial
purposes,
7. Crop, tree or horticultural farming for personal use. Produce grown on the site may be
sold if the business activity is conducted in a mariner consistent with the home occupation
ordinance;
H. Large family day care home which meets the parking criteria contained in Chapter
19.100, and which is at least three hundred feet from any other large- family day care home. The
Director of Community Development or his /her designee shall administratively approve large
day care homes to ensure compliance with the parking and proximity requirements;
I. Congregate residence with ten or less residents.
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Ordinance No. 10 -2056
J. Transitional Housing and Supportive Housing.
19.44 Residential Single - Family Cluster (R1C) Zones
19.44.040 Permitted Uses.
The following uses shall be permitted in a single-family residential cluster zone without the
requirement of a use permit:
A. Single- family dwelling units with not more than one dwelling unit per lot, or in the case
of a condominium, not more than one dwelling unit within a defined air space;
B. Home occupations subject to approval pursuant to the Home Occupation Ordinance (No.
321) of the City of Cupertino, as it now exists or may be hereafter amended;
C. Small- family day care home;
D. The keeping of not to exceed two dogs and two cats over four months of age, or other
small household pets not to exceed four adults four months of age or more;
E. Residential care facility with six or less :residents not including the provider, provider
family or staff, that has a license from the appropriate State, County agency or department;
F. Congregate residence with ten or less residents.
G. Transitional Housing and Supportive Housing.
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Ordinance No. 10 -2056
AMENDMENTS CLARIFYING THE PARKING ORDINANCE
19.100 Parking Ordinance
19.100.040 Regulations for Off - Street Parking.
A. Parking Ratio and Dimension. Table 19.100.040 -A defines the minimum and maximum
required number of parking spaces by size and type for specific zoning districts and use within
zoning districts.
B. Aisle Dimensions. Aisle dimension shall be as required by standard details adopted by
the City Engineer and shown in Table 19.100.040 -B.
C. Loading Areas. Loading areas, track parking spaces, and parking spaces for vehicles
other than automobiles shall have ample dimensions for the particular use and type of operation,
and be designed or required by the City Engineer.
D. Planned Development Districts. The parking requirement contained in Table
19.100.040 -A functions as guidelines for projects in planned development zoning districts.
E. Mixed -Use and Shared Parking.
The minimum parking requirement for mixed -use developments or developments with shared
parking facilities being used by one or more properties shall be determined using Table
19.100.040C.
F. Alternative Parking Standards
For all projects not meeting parking requirements in Table 19.100.040.A, B or C, the Planning
Commission or Council may approve alternative parking standards per Section
19.100.060C. G. Tandem, Valet and Other Special Parking Arrangements. Tandem, valet,
and other special forms of parking may be approved per Section 19.100.060C.
H. Minimum Stall Dimension in Parking Structure. The minimum stall dimension for a
uni -size space located in a parking garage or other enclosed parking structure and intended for
nonresidential uses is eight and one -half (8.5) feet by eighteen (18) feet. The space width shall
be increased by one -half (1/2) of a foot to nine (9) feet if adjacent on one side to a wall or
structure; and by one (1) foot to nine and one-half (9.5) feet if adjacent on both side to a wall or
structure.
I. Handicapped Parking. The handicapped parking requirement embodied in Section 1129
B of the California Building Code, as amended, is hereby incorporated into this chapter by
reference.
J. Other regulations shall be as outlined in Title 11 of the Municipal Code.
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Ordinance No. 10 -2056
K. Residential Lots Fronting on Public or Private Streets. If no on- street parking is
available, two additional off - street spaces are required.
L. Farm Equipment. For tractors or farm equipment that are regularly parked on -site
within two hundred feet of a public street or road, such parking places shall be screened from
sight of the street.
M. Large - Family Day Care Home. A minimum of one parking space per nonresident
employee is required. This parking requirement shall be in addition to the minimum
requirements of the zoning district. The parking space may be on- street, in front of the
provider's residence. A minimum of one parking space shall be available for child drop -
off. The space shall provide direct access to the unit, not crossing a street.
If the provider is relying 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.
N. Landscape Requirements. 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 resulting
from development permits 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.
19.100.060 Exceptions.
Exceptions to this chapter may be granted as provided in this section.
A. Issued by the Director of Community Development. With respect to a request for
substandard sized parking spaces in an enclosed garage in the R -1 Single- Family Zoning District,
the Community Development Director may grant an exception if the request meets all of the
following criteria:
1. The exception to be granted is one that will require the least modification and the
minimum variance to accomplish the purpose.
2. The exception to be granted will not preclude the garage from being used to park two
standard -sized vehicles.
B. Issued by the Design Review Committee. The Design Review Committee may grant
exceptions to this chapter for properties located in the R -1 Single- Family Zoning District or the
R -2 Duplex Zoning District at a public hearing subject to Section 19.28.110. The following
findings must be made to grant an exception:
1. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
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Ordinance No. 10 -2056
2. The granting of the exception will not be injurious to property or improvements in the
area nor be detrimental to the public safety, health and welfare.
3. The exception to be granted is one that will require the least modification and the
minimum variance toaccomplish the purpose.
4. The proposed exception will not result in significant impacts to neighboring properties.
C. Issued by the Planning Commission or City Council. Requests for parking exceptions or
variation from parking requirements as part of a p lamed development permit not subject to
Section 19.100.050(A) and (B) may be granted by the Planning Commission or City Council at a
public hearing subject to Section 19.120.060.
1. The following findings must be made to grant the exception:
a. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
b. The granting of the exception will not be injurious to property or improvements in the
area nor be detrimental to the public safety, health and welfare.
c. The exception to be granted is one that will require the least modification and the
minimum variance to accomplish the purpose.
d. The proposed exception will not result in significant impacts to neighboring properties.
2. Projects proposing Alternative Parking Standards shall meet the following conditions in
addition to 19.100.060C(1)a -d:
a. The applicant submits a detailed parking study which demonstrates that the
proposed use is compatible with the proposed parking supply. Adjacent on- street
parking may be included in the parking supply.
b. The project is owned or managed by a single entity.
c. If adjacent properties are used to share parking, they are in close proximity to
each other, and reciprocal parking and access easements and maintenance
agreements are recorded on the applicable properties to run with the land.
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AMENDMENTS RELATED TO PLANNED DEVELOPMENT PERMITS
2.08 City Council — Rules and Conduct
2.08.095 Reconsideration.
B. If a motion for reconsideration prevails, the Council is then free to reconsider the item
either at the same council meeting or at any other council meeting established by the Council;
provided, however, that the Council shall not reconsider an item at the same council meeting, in
the following instances:
1. Any action involving a public hearing which has been closed;
2. Any action, including appeals, regarding a zoning matter, planned development permit,
use permit, subdivision map approval, variance, architectural and site approval or sign exception;
3. Any action involving the granting, modification or revocation of any permit issued by
the City;
4. Any action which is quasi-judicial in nature.
2.48 Departmental Organization
2.48.020 Departments and Divisions.
B. Department of Community Development.
1. This department shall have the following divisions:
a. Planning Division. This division shall be responsible for current and long -range
planning, the development and maintenance of the general plan and specific plans, and the
processing of applications for planned development permits, use permits, variances, and changes
of zoning, and the sign ordinance.
b. Building Division. This division shall be responsible for the enforcement of the building
codes, the sign ordinance and other similar regulatory ordinances.
2. The Director of Community Development shall be the head of this department, with the
Building Official being responsible for activities within the Building Division.
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Ordinance No. 10 -2056
9.20 Off -site Hazardous Waste Facilities
9.20.030 Definitions
J. "Land use decision" means a discretionary decision given by the City concerning a specific
hazardous waste facility including the approval of a change of zone, planned development
permit, use permit, variance or subdivision.
14.04 Street Improvements
14.04.010 Definitions
E. "Permit" means any building permit, planned development permit, use permit, or site and
architectural approval issued by the City under and pursuant to the provision of its ordinances.
F. "Permittee" means any individual, copartnership, association, corporation, governmental
body or unit or agency (other than the City), or any other entity owning or occupying land
adjacent to any unimproved street, or unimproved streets, in the City who is required to have a
building permit from the City in order to erect, construct, add to, alter, or repair any building or
structure upon said land, or who is required to have a planned development permit, use permit, or
site and architectural approval.
H. "Reimbursement agreement" means a written agreement with the City whereby in order
to receive reimbursement of certain street improvement costs, and as a condition precedent to
obtaining a building permit, planned development permit, use permit or site and architectural
approval; the permittee shall enter into.
14.04.040 Requirements— General.
A. Any person who proposes to erect, construct, add to, alter or repair any building or
structure for which a building permit is required by the City on or upon any land adjacent to an
unimproved street, or who seeks a planned development permit, use permit or architectural and
site approval from the City for land adjacent to ari unimproved street must improve, or agree to
improve by installation agreement, said street as herein required by the installation of such of the
following improvements as the City Engineer, under the provisions of this chapter, deems
necessary: underground utilities, curbs and gutters, driveways, sidewalk, street paving and
overlay, street lights, storm sewers, sanitary sewers, street trees, street signs, water lines, fire
hydrants, and retaining walls, and, where necessary, the dedications and improvements of service
roads, facilities for off - street parking, alleys, easements for public utilities, drainage, sewers,
walkways, watercourses, planting strips and nonaccess facilities, and the payment of park and
recreation facilities acquisition and maintenance :Fees in accordance with Chapter 14.05 of the
City's Ordinance Code. Said improvements or installation agreements shall be a condition
precedent to the issuance of any required building permit, planned development, use permit, or
architectural approval.
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Ordinance No. 10 -2056
14.04.110 Improvements Installed Prior to Permit — Imposition of Street Improvement
Reimbursement Charges, Cost of Land and Interest.
A. In some instances, the public welfare, safety and economy can be best served by the
installation of improvements on unimproved streets prior to the time that an adjoining property
owner seeks a permit. Since such adjoining property benefits from the street improvements, the
owners of such property are required to contribute their share of the cost of those street
improvements (just as permittees who seek a permit prior to the installation of improvements are
required to do) when they seek a building permit unless it is exempt pursuant to Section
14.04.230(D) of this chapter, a planned development permit, use permit, or a site and
architectural approval.
14.04.130 Dedication — Requirements.
A. Dedication and improvement shall be for the full length of the property line (of the parcel
for which the permit is sought) abutting the street for which dedication and improvement is
required. Dedication and improvement shall be made for the full length of the property line of
each lot or lots to which said building permit, planned development permit, use permit, or site
and architectural approval applies. In case of flag lots whose building site is accessible only via
a strip providing connection to a public street, the extent of street improvement required shall
consist of not less than one -half the projected width of such lots measured along the adjacent
street for which improvements are required;
F. The permittee shall grant easements not less than ten feet in width for public utility and
drainage purposes along the rear lot lines, along side lot lines and along front lot lines, wherever
necessary. Easements of lesser widths may be all after ten days' written notice to the
affected utility company or companies, when, at the determination of the City Engineer, the
purpose of the easement may be accomplished by easements of lesser width, and provided that,
in such determination, the City Engineer shall prescribe the width of such easement. Upon
receipt of notice, the affected utility may present its objections or recommendations to the City
Engineer, which shall hear and rule upon the objections or recommendations. Dedication of
easements shall be for the purpose of installing utilities and for other public purposes, as may be
ordered or directed by the City Engineer. Underground utilities shall be required in accordance
with Chapter 14.24, except where the requirement is waived by the planning commission
pursuant to an approved planned development permit and/or use permit excepting or
conditioning the requirement.
14.04.160 Preceding Permit — Conditions.
A. As a condition precedent to obtaining a building permit, planned development permit,
use permit, or site and architectural approval from the City under and pursuant to the provisions
of its ordinances, a permittee shall, in addition to meeting the other requirements of this chapter:
14.04.175 Reimbursement Agreement.
A. As a condition precedent to obtaining a building permit, planned development permit,
use permit, or site and architectural approval, the permittee shall enter into a reimbursement
agreement with the City in order to receive reimlursement for the portion of street improvement
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Ordinance No. 10 -2056
costs, including interest where applicable, in excess of the installation costs incurred for the
permittee's property, or for the cost of the land, upon which such improvements were installed,
including interest where applicable. Any reimbursement to the permittee shall be paid out of the
revenues received by the City from the land reimbursement or street improvement
reimbursement charges and interest, if any, assessed in the manner provided in Section
14.04.110.
C. If the permittee cannot purchase or otherwise acquire land necessary or the installation
of the street improvements, prior to issuance of a building permit, planned development permit,
use permit or site and architectural approval, the City shall acquire the necessary land either by
negotiation or pursuant to its eminent domain powers.
14.04.240 Appeals.
A. Any person aggrieved by any decision of any officer, department or commission of the
City under the provisions of this chapter may appeal said decision to the City Council by filing
written notice of the appeal with the City Clerk within thirty days after the date of the decision,
except that, when an application for exception by filing for a planned development permit and/or
use permit is made, no appeal will be accepted or necessary, since the City Council will hear the
matter in due course.
14.05 Park Maintenance Fees
14.05.010 Definitions.
As used in this chapter:
A. "Single lot development" means the erection or construction of any building or structure
within all zones, permitting residential uses for which a building permit, planned development
permit, use permit or architectural and site approval is required by the City, but which
development is not a subdivision as defined by the Subdivision Map Act of the State of
California.
14.05.040 Requirements — General.
Any person who proposes to erect or construct any building or structure for which a building
permit is required by the City, or who seeks a use permit or architectural and site approval from
the City, must pay a fee, as determined under the provisions of this chapter, for the
establishment, maintenance and rehabilitation of parks and recreation facilities within the
City. Said fee shall be a condition precedent to the issuance of any required building permit,
planned development permit, use permit, or architectural approval.
14.05.070 Determination of Fee.
When a fee is required to be paid under the provisions of this chapter, the amount of the fee
shall be determined by the Director of Public Works, pursuant to Section 14.05.060. The "value
per acre" portion of the fee shall be based upon the fair market value of the subject property
determined by reference to comparable land within the general subject property. As used herein,
the term "comparable" means land of similar size and development potential as the subject
property. The date of the valuation of the property shall be the date that the owner of the subject
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Ordinance No. 10 -2056
property or his agent submits an application for issuance of a building permit, planned
development permit, use permit or architectural and site approval, whichever event occurs first.
14.05.090 Appeals.
A. Any person aggrieved by a decision of any officer, department or commission of the
City under the provisions of this chapter may appeal the decision to the City Council by filing
written notice of the appeal with the City Clerk within thirty days after the date of the decision;
except that, when an application for exception by filing for a planned development and/or use
permit is made, no appeal will be accepted or necessary, since the City Council will hear the
matter in due course.
14.18 Protected Trees
14.18.020 Definitions.
C. "Development application" means an application for land alteration or development,
including but not limited to subdivision of property, rezoning, architectural and site approval,
two -story residential permit, minor residential permit, planned development permit, variance,
and use permit
14.24 Underground Utilities — New Developments
14.24.070 Use Permit Exceptions.
A. The Planning Commission may, through the granting of a planned development and/or
use permit, waive requirements for underground utilities, in whole or in part, where an applicant
shows, to the satisfaction of the Commission:
16.04 Building Code Adopted
16.04.050 Address Posting.
No Certificate of Occupancy or final building approval for new construction or alterations
shall be granted until the building or residence has a street address number posted on the building
in a visible location. The size of the numbers shall be a minimum of five inches high for
commercial or industrial buildings. Residences designated R3 shall have number sizes of three
inches minimum. R1 and Planned Developments shall submit a numbering schedule for
approval by the Building Department and the Fir: Department. All commercial buildings having
a single address assigned with multi -suite arrangements shall have the suite - numbering system
approved or assigned by the Building Department with an approved copy to the Fire Department
for emergency use.
16.32 Swimming Pools
16.32.040 Safety Requirements.
A. Every person who owns or is in possession of any premises, whether as purchaser under
contract, lessee, tenant or licensee, on which there is now situated or at any time hereafter may
be situated a swimming pool, fish pond, wading pool or any other body of water regulated by
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Ordinance No. 10 -2056
this chapter, any portion of which is sixteen inches or more in depth, shall maintain on the lot or
premises upon which such swimming pool, fish pond, wading pool or other artificial body of
water is located, and completely surrounding such body of water, fence, wall or other structure
not less than five feet in height, nor more than six feet in height; provided however, that except
for doors or gates, the horizontal dimension of any opening, holes or gaps in the fence, wall or
other structure shall not exceed three inches and that no offset perpendicular to the horizontal
dimension shall exceed one -half inch; and provided further, that an apartment house, dwelling
house or accessory building may be used as a pars of such enclosure. All gates or doors opening
through such enclosure shall be equipped with a self - closing and self - latching device designed to
keep, and being capable of keeping, such door or gate securely closed at all times when not in
actual use, with such latching either placed five feet above ground level, or otherwise made
inaccessible from the outside to children; provided however, that the door of any dwelling unit
occupied by human beings and forming any part of the enclosure hereinabove required need not
be so equipped. All such gates or doors shall be kept closed or latched when the pool or body of
water is not under the constant supervision of a qualified adult guard.
B. Manmade decorative pools of water located within a commercial or industrial
development or within a planned development project where the pool will be owned and
maintained by a Homeowners Association may be maintained at a depth in excess of sixteen
inches provided that the design of the pool has all of the following safety features:
18.28 Vesting Tentative Subdivision Maps
18.28.050 Filing and Processing.
A vesting tentative map shall be filed in the same form and have the same contents,
accompanying data and reports and shall be processed in the same manner as set forth in the
other provisions of this title for a tentative map except as follows:
A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face
the words "Vesting Tentative Map."
B. A conceptual zoning plan must be adopted and in effect and a planned development
permit must be approved and in force prior to the filing of a vesting tentative map for property
located in a planned development zone.
C. A development zoning plan or conceptual zoning plan must be adopted as in effect prior
to the filing of a vested tentative map for the subject property.
D. At the time a vesting tentative map is filed, a subdivider shall also file these other
applications, complete with required fees, plans, and other documentation that would otherwise
be required for the recordation of a final map and issuance of building permits.
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Ordinance No. 10 -2056
19.08 Definitions
19.08.030 Definitions
"Development 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. Development Permits may include but shall not be
limited to Administrative Approvals, Two -story Permits, Minor Residential Permits,
Architectural and Site Approvals, Planned Development Permits, Conditional Use Permits,
Exceptions, Variances or Subdivision Maps.
19.24 Open Space (OS) Zones
19.24.020 Applicability of Regulations.
A. Prohibition. No structure or land shall be used, and no building or structure shall be
hereafter erected, structurally altered, or enlarged in an open space (OS) zone, otherwise than in
conformance with the provisions of this chapter.
B. Limitations to Applicability of Regulations. The open space zoning district may only be
designated on land within the City of Cupertino under one, or more, of the following
circumstances:
1. The property owner of the subject property either makes application with the City for
such designation to apply to his or her property, or otherwise gives his or her written consent to
the application of this chapter to his or her property;
2. The subject property is encumbered by an .y recorded open space easement or written
dedication of the development rights granted to the City;
3. The subject property is to remain open space under the terms of any development
agreement entered into pursuant to the City's Ordinance Code, or under the terms of any written
and recorded private agreement, a copy of which is provided to the City prior to any designation
under this chapter;
4. The subject property is to remain open space under any condition of approval to any
implemented entitlement of use, including, but not limited to, planned development permits,
conditional use permits, variances, subdivision maps, exceptions, or building permits issued by
the City or any other public agency.
19.36 Multiple Family Residential (R -3) Zones
19.36.050 Conceptual Plan.
A. A property owner initiated rezoning in R -3 zones shall be accompanied by a conceptual
development plan.
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Ordinance No. 10 -2056
B. A City- initiated rezoning need not be accompanied by a conceptual development
plan. Prior to development and use of the property, the owner shall submit a conceptual
development plan.
C. No building permit may be issued for development proposal of a vacant property
presently zoned multiple - family residential until a conceptual development plan is approved in
conjunction with a public hearing for a development permit.
19.36.080 Architectural and Site Review.
Signs, landscaping or parking plans and minor modifications to buildings may not be erected,
structurally altered, enlarged or modified without Architectural and Site Approval pursuant to
Chapters 2.90 and 19.134.
19.56 General Commercial (CG) Zones
Section
19.56.010 Purpose.
19.56.020 Applicability of regulation.
19.56.030 Permitted uses.
19.56.040 Conditional uses.
19.56.050 Excluded uses.
19.56.060 Permit for new development.
19.56.070 Land use activity and site development regulations.
19.56.080 Interpretation by the Planning Director.
19.56.060 Permit for New Development.
A. Prior to the erection of a new building or structure in a CG zoning district, or prior to the
enlargement or modification of an existing building, structure, or site (including landscaping and
lighting) in a CG zoning district, the applicant for a building permit must obtain development
permits from the Planning Commission unless the building square footage is five thousand
square feet or greater, in which case the development permits may only be issued by the City
Council upon recommendation of the Planning Commission.
19.56.07 Land Use Activity and Site Development Regulations.
G. Landscaping. The application for development permits to construct a building in a general
commercial zone shall be accomplished by a concept landscaping plan which provides an
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Ordinance No. 10 -2056
effective year -round landscaping screen in the setback area adjoining a residential property. The
intent of the plan is to screen the building from the rear yard of a residence. The affected
residents will be given notice of hearings and may give testimony advocating an increase in
planting to provide more screening or reduction in landscape material to preserve views and/or
permit more sun to enter their property. The intent of the planning requirement is to provide
screening within five years.
19.64 Public Building (BA), Quasi Public Building (BQ) and Transportation (T) Zones
19.64.070 Requirement of a Development Plan.
Prior to the issuance of development permits, or any amendment thereto, a development plan
shall be submitted to the Planning Commission. The plan shall include:
A. Types and heights of buildings /structures and location of areas where buildings are to be
placed;
B. A proposed system of public and private streets, including cross - sections for all types of
streets;
C. Landscape plans;
D. Parking and loading plans as required by this title;
E. Any other information, which the Director of Community Development requires in order
to evaluate the effects of the proposed facilities on the surrounding areas.
19.64.090 Site Development Regulations.
B. Setbacks and Screening.
1. There are no minimum setbacks in BA, BQ or T zoning districts; provided, however, that
the Planning Commission may establish minimum setbacks with respect to each individual
application for a planned development permit or a conditional use permit in order to provide
adequate light, air and visibility at intersections, and to provide general conformity with adjacent
and nearby zones and lots, or to promote the general excellence of the development;
19.82 Beverage Container Redemption and Recycling Centers
19.82.060 Criteria and Standards.
The criteria and standards for recycling facilities are as follows:
A. Reverse Vending Machines. Reverse vending machines located within a commercial
structure do not require discretionary permits. Reverse vending machines located outside of a
structure shall be regulated by the following standards:
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Ordinance No. 10 -2056
1. Shall be established in conjunction with a commercial use which is in compliance with
the zoning, building and fire codes of the City;
2. Shall be located within a reasonable proximity to the entrance to the commercial
structure and shall not obstruct pedestrian or vehicular circulation;
3. Shall not occupy parking spaces required by the primary use and shall be placed on the
apron of the host facility when possible;
4. Shall occupy no more than fifty square feet of floor space per installation, including any
protective enclosure, and shall be not more than eight feet in height;
5. Shall be constructed and maintained with durable waterproof and rustproof material;
6. Shall be clearly marked to identify the type of material to be deposited, operating
instructions, and the identity and phone number of the operator or responsible person to call if
the machine is inoperative;
7. Shall have a sign area of a maximum of four square feet per machine, exclusive of
operating instructions;
8. Shall be maintained in a litter -free, dust free condition on a daily basis;
9. Operating hours shall be at least the operating hours of the host use;
10. Shall be illuminated to ensure comfortable and safe operation if operating hours are
between dusk and dawn;
11. Shall comply with City's noise ordinance;
12. Sanitation control and practices shall be installed and used to maintain each site in a
manner free of rodents, insects and other vectors.
19.116 Development Agreements
19.116.120 Review — Standard.
The Planning Commission may recommend use of a development agreement as a method of
implementing or providing standards and criteria for any approval of the Planning Commission
or permits or approvals issued or made by any other City agency, including:
A. Rezoning;
B. Issuance of a conditional use permit or a planned development permit;
C. Conditions imposed upon approval of a permit after discretionary review;
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Ordinance No. 10 -2056
D. Conditions imposed in connection with the adoption of any General Plan amendment or
specific plan;
E. Conditions imposed in any planned development district;
F. Site - specific conditions imposed in any other district;
G. Approval of and /or conditions imposed upon approval of a subdivision or parcel map or
maps;
H. The formation of any assessment district, benefit district, maintenance district or special
benefit district or any other procedure, for the installation of required or necessary on -site or off -
site improvements or infrastructure; and /or
I. Mitigation measures imposed upon a development project after approval of an
environmental impact report in which such mitigation measures have been proposed as a
mechanism for eliminating or reducing environmental impacts, or the criteria for development of
the project without such mitigation measures where specific economic, social or other
considerations make such mitigation measures infeasible or the benefits of the project outweigh
the unavoidable adverse environmental effects.
19.116.310 Separate Procedure.
All development agreements entail and consist of a separate procedure from other land use
planning procedures and shall not take the place of the zoning ordinances, the General Plan,
planned development permits, conditional use permits, subdivision approvals, building permits
or any other City planning functions. If so specified in the development agreement, it shall
constitute an approval pursuant to such planning procedures as if separately enacted under other
City planning ordinances. To the extent practicable, public hearings on a proposed development
agreement shall be held concurrently with the public hearings on all related land use approvals
and all such approvals shall be made concurrently with the approval of the development
agreement.
19.118 Required Artwork in Public and Private Developments
19.118.020 Applicability of Regulations.
A. Any development of 50,000 sq. ft. or larger involving construction of new buildings
and/or the expansion of existing buildings shall be subject to the requirements of this chapter.
B. Additional artwork not mentioned in th:Ls chapter by means of specific plan,
development permits or other discretionary review may be required when deemed appropriate by
the City Council.
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Ordinance No. 10 -2056
19.124 Planned Development Permits, Conditional Use Permits and Variances
Section
19.124.010 Authority of the Director of Community Development.
19.124.020 Application for planned development permit, conditional use permit or
variance.
19.124.030 Action by the Director.
19.124.040 Notice of public hearing.
19.124.050 Decision after hearing.
19.124.060 Action by the City Council.
19.124.070 Planned development permit and conditional use permit— Findings and
conditions.
19.124.080 Variance— Findings and conditions.
19.124.090 Effective date.
19.124.100 Expiration, extension and revocation.
19.124.110 Expansion of planned development and conditional uses.
19.124.120 Reports.
19.124.130 Concurrent applications.
19.124.010 Authority of the Director of Community Development.
Subject to the provisions of this chapter and general purpose and intent of this title, the
Director of Community Development may grant the following:
A. A development permits which are authorized to be issued by the Director pursuant to
any provision of this title. All other planned development permits and conditional use permits
shall be issued by either the Planning Commission or the City Council, as provided by this title;
B. A variance from the site development regulations and parking and loading regulations
(except those handicapped parking regulations mandated by State law) applicable within any
district established by this title;
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Ordinance No. 10 -2056
C. A variance from the special conditions that apply to site development and parking and
loading regulations (including conditions attached to planned developments) applicable within
any district established by this title.
D. A request for reasonable accommodation made by any person with a disability, when the
strict application of the provisions within residential districts, act as a barrier to fair housing
opportunities, pursuant to Chapter 19.50.
19.124.020 Application for Planned Development Permit, Conditional Use Permit or
Variance.
A. An application for a planned development permit, conditional use permit or variance
may be made by the owner of record, or his agent, of property for which the planned
development, conditional use permit or variance is sought.
B. Application shall be made to the Director, on a form provided by the City, and shall
contain the following:
1. A description and map showing the local ion of the property for which the permit or
variance is sought;
2. If the application is for a planned development permit and/or a conditional use permit,
plans and /or descriptions of existing and proposed uses of the property, and describing in detail
the nature of the use proposal to be conducted on the property;
3. If the application is for a variance, plans and/or descriptions of existing and proposed
construction on the property involved, together with a statement of the circumstances which
justify the various applications;
4. Such additional information as the Director may deem pertinent and essential to the
application.
C. Application for planned development permit, conditional use permit or variance shall be
accompanied by the fee prescribed by City Council resolution, no part of which shall be
returnable to the applicant.
19.124.030 Action by the Director.
Unless otherwise provided by Section 19.04.090 regarding combined applications, the
following actions shall be taken by the Director to process an application for a planned
development permit, conditional use permit or variance:
Upon receipt of a complete application for a planned development permit, conditional use
permit or variance, the Director shall, within thirty days from the date the application is deemed
by him to be complete, set a date for a public hearing upon the matter either before or at a regular
or special meeting of the Planning Commission. as the case may be, unless the application is
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Ordinance No. 10 -2056
diverted for administrative approval, pursuant to Section 19.132.030. The public hearing shall
commence within sixty days of the date it is set.
19.124.070 Planned Development Permit and Conditional Use Permit — Findings and
Conditions.
A. The decision maker may grant a planned development permit or a conditional use permit
only if all of the following findings are made:
1. The proposed development and/or use, at the proposed location, will not be detrimental
or injurious to property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed development and /or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan and the purpose of this title.
B. The decision maker may impose with reasonable conditions or restrictions as he deems
necessary to secure the purpose of this title and to assure operation of the development and/or
use in a manner compatible with existing and potential uses on adjoining properties and in the
general vicinity.
C. Permits are approved for a two -year period or a longer period of time to be determined
by the decision - making body.
19.124.090 Effective Date.
A planned development permit, conditional use or variance shall take effect ten working days
following the mailing of the notice of decision, unless an appeal is filed as provided in Chapter
19.132.
19.124.100 Expiration, Extension and Revocation.
A. Expiration.
1. A planned development permit, conditional use permit or variance which has not been
used within two years following its issuance, shall become null and void and of no effect, unless
a shorter or longer time period is specifically prescribed in the conditions of such permit or
variance. A permit or variance shall be deemed to be "used" when actual substantial and
continuous activity has taken place upon the land subject to the permit or variance or, in the
event of the erection of a structure or structures, when sufficient building activity has occurred
and continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use
permit was granted and utilized has ceased or has been suspended for one year or more, said
permit becomes null and void.
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Ordinance No. 10 -2056
3. Unless a variance has expired pursuant to subsection 1 of this section, it shall continue to
exist for the life of the existing structure or such structure as may be constructed pursuant to the
variance approval unless a different time period is specified in its issuance. A variance from the
parking and loading regulations shall be valid only during the period of continuous operations of
the use and /or structure for which the variance was issued.
B. Extensions. The decision maker granting the original planned development permit,
conditional use permit or variance may, without public hearing, extend the time for the use of
such permit or variance for a maximum of one year only, upon application filed by the applicant
with the Director prior to expiration. Upon timely filing of an extension request with the
Director, the time for which a permit or variance must be used shall be automatically extended
until the request is heard by the decision maker.
C. Revocation. In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a planned development permit, conditional use permit or variance
have not been implemented, or where the permit or variance is being conducted in a manner
detrimental to the public health, safety, and welfare, the Director shall set a date for a public
hearing before the decision maker granting the original permit or variance, and notice a public
hearing in accordance with Section 19.124.040 of this code.
19.124.110 Expansion of Planned Development or Conditional Uses.
A. Any significant expansion in building size on site area of a planned development or
conditional use shall necessitate the issuance of a new planned development permit or
conditional use permit for the expansion in accord with the provisions of this chapter.
B. No applications for a planned development permit or conditional use permit shall be
necessary for existing uses which were lawful conforming permitted uses and which were
rendered conditional by reason of rezoning or change to this title, provided that any expansion in
the building site or site area of such use shall be subject to the issuance of a planned development
permit or conditional use permit in accord with this chapter.
19.124.120 Reports.
The Director of Community Development shall make written reports to the City Council and
Planning Commission of the action he /she has taken on each application for planned
development permit, conditional use permits and variances. A written report describing Planning
Commission decisions shall be forwarded to the City Council within five calendar days from the
date of the decision.
19.124.130 Concurrent Applications.
Notwithstanding any provision in this title to the contrary, any application for a planned
development permit, conditional use permit or variance which would normally be issued by the
Director of Community Development or the Planning Commission may, at the discretion of the
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Ordinance No. 10 -2056
Director, be processed concurrently with applications for General Plan amendments, zoning
changes, subdivision maps or other approvals which require City Council approval.
19.134 Architectural and Site Review
19.134.030 Authority of the Planning Commission.
Subject to the provisions of this chapter and to the general purpose and intent of this title, the
Planning Commission shall decide on the architectural and site design in such zones where such
review is required or when required by a condition to a planned development permit, use permit,
variance, or any other entitlement of use.
19.134.090 Findings and Conditions.
A. The Design Review Committee or the Planning Commission may approve an
application only if all of the following findings are made:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, any
specific plan, zoning ordinances, applicable planned development permit, conditional use
permits, variances, subdivision maps or other entitlements to use which regulate the subject
property including, but not limited to, adherence to the following specific criteria.
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AMENDMENTS RELATED TO REASONABLE ACCc MMODATION
19.50 Reasonable Accommodation
Section
19.50.010 Purpose
19.50.020 Applicability
19.50.030 'Application Requirements
19.50.040 Approval Authority, Procedure and Decision
19.50.050 Findings
19.50.060 Appeals
19.50.010 Purpose.
This chapter provides a procedure to request reasonable accommodation for persons with
disabilities seeking equal access to housing under the Federal Fair Housing Act, the Federal Fair
Housing Amendments Act of 1988, and the California Fair Employment and Housing Act (the
Acts) in the application of development or land use regulations.
19.50.020 Applicability.
A request for reasonable accommodation may:
A. Be made only for existing residential dwellings or second dwelling units.
B. Be made by any person who is defined as disabled under the Acts, when the application of
development or land use regulations act as a barrier to fair housing opportunities.
C. Include a variance to the development or land use regulations that would eliminate regulatory
barriers and provide a person with a disability equal opportunity to housing of their choice.
19.50.030 Application Requirements.
A. Application shall be made to the Director of Community Development, on a form provided
by the City, and shall contain the following:
1. A description and map showing the location of the property for which the request for
reasonable accommodation is sought;
2. Plans or descriptions of existing and proposed construction on the property involved together
with a statement of the circumstances which justifies the request for reasonable
accommodation;
3. Such additional information as the Director may deem pertinent and essential to the
application, including, but not limited to:
a. why the individual is considered disabled under the Acts;
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Ordinance No. 10 -2056
b. the development or land use regulations from which reasonable accommodation is being
requested; and
c. why the reasonable accommodation is necessary to make the specific property accessible
to the individual.
B. Application for a request for reasonable accommodation shall be accompanied by the fee
prescribed by City Council resolution, no part of which shall be returnable to the applicant.
19.50.040 Approval Authority, Procedure and Decision.
A. Approval Authority.
1. Director of Community Development. Requests for reasonable accommodation shall be
reviewed by the Director of Community Development (Director), or his designee.
2. Other Approval Authority. Requests for reasonable accommodation submitted for
concurrent review with other applications shall be approved by the body having final
decision - making authority over the combined application.
B. Procedure. No public noticing or hearing is required.
C. Decision. A written determination of the final decision shall be mailed to the applicant.
19.50.050 Findings.
A. The approval body may grant a request for re asonable accommodation only if all of the
following findings are made:
1. The proposed improvements are necessary to provide housing access for persons disabled
under the Acts;
2. The reasonable accommodation granted is one that will accomplish the purpose with the least
modification to the development or land use regulations from which reasonable
accommodation is being requested;
3. The granting of the reasonable accommodati on will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, and general welfare, or convenience, and to secure the purpose of the title; and
4. The requested reasonable accommodation would not impose an undue financial or
administrative burden on the City.
B. Conditions of Approval. In granting a request for reasonable accommodation, the approval
body may impose any conditions of approval deemed reasonable and necessary to ensure that the
reasonable accommodation complies with the findings in Section 19.50.050(A).
19.50.060 Appeals.
A decision by the approval body regarding the request for reasonable accommodation may be
appealed pursuant to Chapter 19.136.
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19.16 Agricultural (A) Zones
19.16.020 Applicability of Regulations.
No building or structure or land shall be used, and no building or structure shall be hereafter
erected, structurally altered, or enlarged in an (A) agricultural zone, otherwise than in
conformance with the provisions of this chapter. Notwithstanding the above, request for
reasonable accommodation may be made by any person with a disability, when the strict
application of the provisions in this chapter, act as a barrier to fair housing opportunities,
pursuant to Chapter 19.50.
19.20 Agricultural - Residential (A -1) Zones
19.20.020 Applicability of Regulations.
No building, structure or land shall be used, an ad no building or structure shall be hereafter
erected, structurally altered or enlarged in an agricultural- residential (A -1) district other than in
conformance with the provisions of this chapter and other applicable provisions of this title.
Notwithstanding the above, request for reasonable accommodation may be made by any person
with a disability, when the strict application of the provisions in this chapter, act as a barrier to
fair housing opportunities, pursuant to Chapter 19.50.
19.28 Single Family Residential (R1) Zones
19.28.110 Exceptions.
A. Where results inconsistent with the purpose and intent of this chapter result from the strict
application of the provisions hereof, exceptions to section 19.28.060, 19.28.070 and 19.28.120
may be granted as provided in this section.
1. Notice of Application. Upon receipt of a complete application, the Community
Development Department shall set a time and place for a public hearing before the Design
Review Committee and send a notice by first class mail to all owners of record of real property
(as shown in the last tax assessment toll) that are within three hundred feet of the subject
property. Properties that are adjacent to the subject site, including those across a public or private
street, shall receive a reduced scale copy of the plan set with the public notice.
2. Decision. After closing the public hearing, the decision -maker shall approve,
conditionally approve, or deny the application based on the findings in this section. Any
interested party can appeal the decision pursuant to Chapter 19.136.
3. Expiration of an Exception. Unless a building permit is filed and accepted by the City
(fees paid and control number issued) within one year of the Exception approval, said approval
shall become null and void unless a longer time period was specifically prescribed by the
conditions of approval. In the event that the building permit expires for any reason, the
Exception shall become null and void. The Director of Community Development may grant a
one -year extension, without a public notice, if an application for a Minor Modification to the
Exception is filed before the expiration date and substantive justification for the extension is
provided.
4. Findings for Approval.
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Ordinance No. 10 -2056
a. Issued by the Director of Community Development. The Director of Community
Development may grant exceptions from the prescriptive design regulation described in Section
19.28.060 G(4) upon making all of the following findings:
i. The project fulfills the intent of the visible second -story wall height regulation in that the
number of two -story wall planes and the amount of visible second story wall area is reduced to
the maximum extent possible.
ii. The exception to be granted is one that will require the least modification of the
prescribed design regulation and the minimum variance that will accomplish the purpose.
iii. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
b. Issued by the Design Review Committee. The Design Review Committee may grant
exceptions from the prescriptive design regulations described in Section 19.28.060, except
19.28.060 G(4) and Section 19.28.130 upon making all of the following findings:
i. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
ii. The proposed development will not be injurious to property or improvements in the area,
nor be detrimental to the public safety, health and welfare.
iii. The exception to be granted is one that will require the least modification of the
prescribed design regulation and the minimum variance that will accomplish the purpose.
iv. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
B. Notwithstanding the above, a request for reasonable accommodation may be made by any
person with a disability, when the strict application of the provisions in this chapter, act as a
barrier to fair housing opportunities, pursuant to Chapter 19.50.
19.28.130 Development Regulations— (R1 -a).
R1 -a districts are intended to reinforce the semi -rural setting in neighborhoods with large lots.
Regulations found in the other sections of this chapter shall apply to properties zoned R1 -a. In
the event of a conflict between other regulations in this chapter and this section, this section shall
prevail.
A. Lot Area Zoning Designations. The minimum lot size is ten thousand square feet.
B. Lot Width. The minimum lot width is seventy -five feet measured at the front -yard
setback line.
C. Second Story Area. A second floor shall be no more than forty percent of the first floor,
except as follows:
1. A second floor may be at least seven hundred square feet in area.
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2. In no case shall a second floor be more than one thousand one hundred square feet in
area.
D. Setback - First Story.
1. Front Yard. The minimum front yard setback is thirty feet.
2. Side Yard. The minimum side yard setback is ten feet.
3. Rear Yard. The minimum rear yard setback is twenty feet.
E. Setback - Second Story.
1. Front Yard. The minimum front yard setback is thirty feet.
2. Side Yard. The combined side yard setbacks shall be thirty -five feet, with a minimum of
fifteen feet.
3. Rear Yard. The minimum rear yard setback is forty feet.
4. The setback surcharge in Section 19.28.060 E(3) does not apply in this district.
F. Second -story Regulations.
1. Second story decks shall conform to the second -story building setbacks, and may be
located on the front and rear only.
2. The second -story shall not cantilever over a first -story wall plane.
3. The front - facing wall plane(s) of the second -story must be offset a minimum of three
feet from the first -story wall plane(s). The intent of this regulation is to avoid a two -story wall
plane on the front elevation.
G. Front Yard Paving. No more than fifty percent of the front yard setback area may be
covered with a combination of impervious or semi- pervious surfaces. No more than forty percent
of the front yard setback area may be covered with an impervious surface such as concrete or
asphalt.
H. Heights. The maximum exterior wall he and building height on single -story
structures and single -story sections of two -story structures must fit into a building envelope
defined by:
1. A twelve -foot high vertical line measured from natural grade and located ten feet from
property lines;
2. A twenty -five degree roof line angle projected inward at the twelve -foot high line
referenced in subsection H(2)(1) of this section.
I. Variation from the R1 and R1 -a regulations shall require a Variance pursuant to Chapter
19.124 of the Cupertino Municipal Code in the P:1 -a district. Notwithstanding the above, a
request for reasonable accommodation may be made by any person with a disability, when the
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Ordinance No. 10 -2056
strict application of the provisions in this section, act as a barrier to fair housing opportunities,
pursuant to Chapter 19.50.
J. Design Review. All two -story development shall require discretionary review based on
Section 19.28.100, except that the Design Review Committee shall approve or deny the project
at a public hearing based on the findings in subsection N(1) of this section.
K. Design Guidelines. The guidelines in this section shall be used in conjunction with the
City's Single Family Residential Design Guidelines. In cases where there may be conflict
between the two sets of guidelines, this Section shall take precedence. Nonconformance with the
guidelines shall be considered acceptable only if the applicant shows that there are no adverse
impacts from the proposed project.
1. Second -story windows. Windows on the side elevations should be fixed and obscured to
a height of six feet above the second floor, should have permanent exterior louvers to a height of
six feet above the second floor or should have sill heights of five feet or greater to mitigate
intrusion into a neighbor's privacy.
2. All second story wall heights greater than six feet, as measured from the second story
finished floor, should have building wall offsets at least every twenty -four feet, with a minimum
four -foot depth and ten -foot width.
The offsets should comprise the full height of the wall plane.
3. Section 19.28.060 G(4) is considered a guideline in the RI -a district.
4. Garages. The maximum width of a garage on the front elevation should be twenty -five
feet, which will accommodate a two -car garage. Additional garage spaces should be provided
through the use of a tandem garage or a detached accessory structure at the rear of the property.
L. Permitted Yard Encroachments.
1. Where a principal building legally constructed according to existing yard and setback
regulations at the time of construction encroaches, upon present required yards, one encroaching
side yard setback may be extended along its existing building line.
a. The extension or addition may not further encroach into any required setback and the
height of the existing non - conforming wall and the extended wall may not be increased.
b. In no case shall any wall plane of a first -story addition be placed closer than three feet to
any property line.
c. This section does not apply to attached accessory structures such as attached carports.
d. This section applies to the first story only and shall not be construed to allow the further
extension of an encroachment by any building, which is the result of the granting of a variance or
exception, either before or after such property become part of the City.
2. Architectural features (not including patio covers) may extend into a required yard a
distance not exceeding three feet, provided that no architectural feature or combination thereof,
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Ordinance No. 10 -2056
whether a portion of a principal or auxiliary structure, may extend closer than three feet to any
property line.
3. Front Porch. Traditional, open porches are encouraged in this zone. When viewed from
the street, a porch should appear proportionately greater in width than in height. A porch differs
from an entry element, which has a proportionately greater height than its width. Use of this yard
encroachment provision shall require the approval of the Director of Community Development.
a. Posts. Vertical structural supports, such as posts, for porches are allowed to encroach two
feet into the required front setback. Structural supports must be designed such that the
appearance is not obtrusive or massive.
b. Columns. The use of large columns or pillars is discouraged.
c. Fencing. Low, open fencing for porches are allowed to encroach two feet into the
required front setback area.
d. Eave Height. The eave height for a front porch should not be significantly taller than the
eave height of typical single -story elements in the neighborhood.
e. Detailing. Porch elements should have detailing that emphasizes the base and caps for
posts and fence elements.
f. The porch platform and roof overhang may encroach five feet into the required front
setback.
M. Landscaping.
1. Landscaping plans are required for all additions or new homes. The purpose of the
landscaping is to beautify the property and to achieve partial screening of building forms from
the street and adjacent properties. Specific measures are not prescribed. Generally, the
landscaping may include shrubbery, hedges, trees, or lattice with vines on fences.
2. Landscaping plans for two -story development shall include specific mitigations for
impacts from mass, bulk and privacy intrusion as required in Section 19.28.070 of the Cupertino
Municipal Code, except that:
a. Privacy planting shall have a minimum setback from the property line equivalent to one-
quarter of the spread noted on the City list.
b. Privacy trees shall have a minimum height of twelve feet at the time of planting.
c. Front yard tree planting shall be placed such that views from second -story windows
across the street to neighboring homes are partially mitigated.
d. The Director may waive the front yard tree based on a report from an internationally
certified arborist citing conflict with existing mature trees.
N. Design Review Findings.
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Ordinance No. 10 -2056
1. Findings. The Design Review Committee may approve a design review application for
two -story development only upon making all of the findings below:
a. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino
Municipal Code.
b. The granting of this permit will not result in detrimental or injurious conditions to
property or improvements in the vicinity, or to the public health, safety or welfare.
c. The project is generally compatible with the established pattern of building forms,
building materials and designs of homes in the neighborhood.
d. The project is consistent with the City's single- family residential design guidelines and
the guidelines in this chapter and any inconsistencies have been found to not result in impacts on
neighbors.
e. Significant adverse visual and privacy impacts as viewed from adjoining properties have
been mitigated to the maximum extent possible.
19.32 Residential Duplex (R -2) Zones
19.32.020 Applicability of Regulations.
No building, structure or land shall be used, and no building or structure shall be hereafter
erected, structurally altered or enlarged in an R -2 residential duplex district other than in
conformance with the provisions of this chapter and other applicable provisions of this title.
Notwithstanding the above, request for reasonable accommodation may be made by any person
with a disability, when the strict application of the provisions in this chapter, act as a barrier to
fair housing opportunities, pursuant to Chapter 19.50.
19.36 Multiple - Family Residential (R -3) Zones
19.36.020 Applicability of Regulations.
No building, structure or land shall be used, and no building or structure shall be hereafter
erected, structurally altered or enlarged in a multiple - family residential (R -3) zoning district,
otherwise than in conformance with the provisions of this chapter and other applicable
provisions of this title. Notwithstanding the above, request for reasonable accommodation may
be made by any person with a disability, when the strict application of the provisions in this
chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50.
19.40 Residential Hillside (RHS) Zones
19.40.140 Exception for Development of Certain Individual Hillside Lots.
A. With respect to a request for development of a legally created individual hillside lot
which does not meet the development requirements contained in Sections 19.40.050D through M
and 19.40.060 through 19.40.090 and 19.40.110 through 19.42.120 of this chapter, the Planning
Commission shall grant an exception to allow development if the subject property cannot be
merged with adjacent property pursuant to Government Code Sections 66451.10 -- 66451.21 and
if the commission, based upon substantial evidence, makes all of the following findings:
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Ordinance No. 10 -2056
1. The proposed development will not be injurious to property or improvements in the area
nor be detrimental to the public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
3. The proposed development has legal access to public streets and public services are
available to serve the development.
4. The proposed development requires an exception which involves the least modification
of, or deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
5. All alternative locations for development on the parcel have been considered and have
been found to create greater environmental impacts than the location of the proposed
development.
6. The proposed development does not consist of structures on or near known geological or
environmental hazards which have been determined by expert testimony to be unsafe or
hazardous to structures or persons residing therein. (See General Plan Policies 2 -49.)
7. The proposed development includes grading and drainage plans which will ensure that
erosion and scarring of the hillsides caused by necessary construction of roads, housing sites, and
improvements will be minimized. (See General Plan Policies 2 -53, 2 -54 and 2 -57.)
8. The proposed development does not consist of structures which would disrupt the natural
silhouette of ridgelines as viewed from established vantage points on the valley floor unless
either:
a. The location of a structure on a ridgeline i s necessary to avoid greater negative
environmental impacts; or
b. The structure could not otherwise be physically located on the parcel and the size of the
structure is the minimum which is necessary to allow for a reasonable use of the parcel. (See
General Plan Policies 2 -46, 2 -47 and 2 -48.)
9. The proposed development consists of structures incorporating designs, colors, materials,
and outdoor lighting which blend with the natural hillside environment and which are designed
in such a manner as to reduce the effective visible mass, including building height, as much as
possible without creating other negative environmental impacts. (See General Plan Policies 2 -46,
2 -50, 2 -51 and 2 -52.)
10. The proposed development is located on the parcel as far as possible from public open
space preserves or parks (if visible there from), riparian corridors, and wildlife habitats unless
such location will create other, more negative environmental impacts. (See General Plan
Policies 2 -55, 5 -14 and 5 -28.)
11. The proposed development includes a landscape plan which retains as many specimen
trees as possible, which utilizes drought- tolerant native plants and ground covers consistent with
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Ordinance No. 10 -2056
nearby vegetation, and which minimizes lawn areas. (See General Plan Policies 2 -54, 5 -15 and
5 -16.)
12. The proposed development confines solid fencing to the areas near a structure rather
than around the entire site. (See General Plan Policy 5 -17.)
13. The proposed development is otherwise consistent with the City's General Plan and
with the purposes of this chapter as described in Section 19.40.010.
B. An application for exception must be submitted on a form as prescribed by the Director
of Community Development. The application shall be accompanied by a fee prescribed by City
Council resolution, no part of which shall be refundable, to the applicant. Upon receipt of an
application for an exception, the Director shall issue a Notice of Public Hearing before the
Planning Commission for an exception under this chapter in the same manner as provided in
Section 19.120.060 (relating to zoning changes). .After a public hearing, and consideration of the
application in conjunction with the mandatory findings contained in subsection A above, the
Planning Commission shall approve, conditionally approve or deny the application for an
exception. The decision of the Planning Commission may be appealed to the City Council as
provided in Section 19.136.060.
C. An exception which has not been used within two years following the effective date
thereof, shall become null and void and of no effect unless a shorter time period shall specifically
be prescribed by the conditions of such permit or variance. An exception permit shall be deemed
to have been "used" in the event of the erection of a structure or structures when sufficient
building activity has occurred and continues to occur in a diligent manner.
D. In addition to any other remedies, the City Attorney is authorized to commence and
maintain a civil action to enforce the provisions of this chapter or any conditions attached to the
granting of any permit or exception granted under this chapter.
E. Notwithstanding the above, a request for reasonable accommodation may be made by any
person with a disability, when the strict application of the provisions in this chapter, act as a
barrier to fair housing opportunities, pursuant to Chapter 19.50.
19.44 Residential Single - Family Cluster (R1 -C) Zones
19.44.020 Applicability of Regulations.
A. The requirements of this chapter, unless waived or modified, must be met with respect
to all real properties intended to be developed as, cr converted to, a single - family residential
cluster development as described in this chapter, including the conversion of existing apartment
houses to condominiums.
B. The requirements of this chapter can be waived or modified if the Planning Commission
and City Council make any one of the following findings:
1. Although one or more specific standards cannot be complied with because of property
size constraints, existing building morphology, topographical problems, or other conditions
beyond the control of the property owner /developer, the proposed project substantially complies
with the general standards contained within this chapter;
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Ordinance No. 10 -2056
2. That the proposal provides for low- moderate income and senior citizen housing in a
manner consistent with the housing element of the General Plan.
C. Compliance with the requirements of this chapter does not relieve the owner or
developer of property intended to be included in a single - family residential cluster zone from
complying with all other applicable City ordinances or conforming to the provisions of the City's
General Plan.
D. No building, structure or land shall be used, and no building or structure shall be
hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in
conformance with the following provisions; except that uses, buildings and structures lawfully in
existence at the time this chapter takes effect may remain as long as no alterations take place
(except those alterations permitted by Santa Clara Ordinance NS- 1200, Section 30, as it existed
on October 10, 1955, which has been adopted by the City of Cupertino).
E. Notwithstanding the above, a request for reasonable accommodation may be made by any
person with a disability, when the strict application of the provisions in this chapter, act as a
barrier to fair housing opportunities, pursuant to Chapter 19.50.
INTRODUCED at a regular meeting of the Cupertino City Council this 6th day of April, 2010,
and ENACTED at a regular meeting of the Cupertino City Council this 20th day of April 2010,
by the following vote:
AYES: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
,7
City Clerk a or, City of Cut rtino
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STATE OF CALIFORNIA )
COUNTY- OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 10- 2056, which was enacted
on April 20, 2010, and that it has been published or posted pursuant to law
(G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
25th day of August 2010.
KIMBERLY SMI H, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
certificate