29. First Reading Parking and Keeping Vehicles in Various ZonesCUPERTINO
Agenda Item No. 02�
SUBJECT
CODE ENFORCEMENT OFFICE
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3182 - FAX: (408) M-3174
code@cupertino.orci
SUT4MARY
MEETING DATE: July 20, 2010
Conduct the first reading of the Ordinance Nola' 2¢G5amending the existing Cupertino Municipal Code
Section 19.100.030 regarding parking and keeping vehicles in various zones.
BACKGROUND
Code Enforcement staff has reviewed and ider_tified some needed changes to the existing parking
ordinance. These changes are considered minor and concentrate on clean up and/or clarification
language to enhance interpretation and enforcem(.nt of the ordinance. Specific changes include:
➢ Parking on impervious and semi pervious surfaces. The existing code for parking in these
areas was not well defined and this new language is proposed to remove any confusion.
➢ Properties in the city that have had stored backhoes, tractor's, large generators, etc. that under
current code, can be parked on a residential property. Parking of this type of equipment for
other than temporary use is unsightly and tends to diminish property values.
Staff has also added a new subsection related to storage/parking of construction and commercial
equipment in residential zones.
STAFF RECOMMENDATION
Conduct the first reading of Ordinance No.LL-1k5lamending the existing Cupertino Municipal Code
Section 19.100.030 regarding parking and keeping of vehicles in various zones.
Submitte y:
Gary Komahrens,
Senior Code Enforcement Officer
Reviewed by:
1, 4 mil/' /1-4
Carol Atwood,
Director of Administrative Services
Approved for submission to the City Council:
David W. Knapp, City Manager
29-1
Attachment A: Revised Cupertino Municipal Co ie Section 19.100.030
ORDINANCE NO. 10-2065
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
THE EXISTING CUPERTINO MUNICIPAL CODE SECTION 19.100.030 REGARDING
PARKING AND KEEPING VEHICLES IN VARIOUS ZONES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
the following sections of the Cupertino Municipal Code shall be amended to read as follows:
19.100.010 Purpose.
19.100.020 Application of regulations.
19.100,030 Regulations for parking and keeping vehicles in various zones.
19.100.040 Regulations for off-street parking.
19.100.050 Parking lot lighting.
19.100.060 Exceptions.
19.100.010 Purpose.
The purpose of this chapter is to regulate the parking of vehicles which are unsightly,
oversized, or which are detrimental to property values or the peace and enjoyment of
neighboring property owners or residents and establish regulations pertaining to the design and
number of off-street parking spaces for land use activities located in various zoning districts.
(Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1601, Exh, A (part), 1992)
19.100.020 Application of Regulations.
A. No vehicle may be parked, stored or kept on any parcel of land within the City of
Cupertino otherwise than in conformance with the provisions of this chapter.
B. Buildings, structures and land uses are required to provide off-street parking in
conformance with this chapter. The standards and regulations contained in this chapter regulate
off-street parking for conventional zoning districts and are intended also as guidelines for
development projects located in planned development (P) zones and at congregate residences and
residential care facilities.
(Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1688, § 3 (part), 1995; Ord. 1601, Exh. A
(part), 1992)
19.100.030 Regulations for Parking and Keeping Vehicles in Various Zones.
29-2
Ordinance No. 10-2065
A. Vehicles Permitted in Residential Zones.
1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in
a front or street side yard setback area (as defined in Chapter 19.08.030 of this title) or within
twelve feet of a public right-of-way in a rear yard area in all residential zones subject to the
following restrictions:
a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot size
of ten thousand square feet or less, a maximum of six vehicles are permitted in all other
residential zones, unless a greater number is approved by the City in conjunction with a
development plan. For purposes of counting vehicles, a camper mounted on a pickup truck is
considered one vehicle and other similarly vertically stacked components which belong together
shall be counted as a single vehicle. Horizontal groupings shall be counted as two vehicles;
b. Any open vehicle containing trash or debris is prohibited;
C. Construction/commercial equipment such as a dozer, backhoe, earth mover, tractor,
grader or similar equipment, and any aircraft, such as an airplane, glider or helicopter, may not
be stored on any residentially -zoned property, except that the construction/commercial
equipment may be temporarily kept within or upon the property during the time the equipment is
required in connection with the delivery, pick-up, construction, installation, weed/brush removal,
repair or alteration of improvements or facilities, on the property, unless the activity is otherwise
prohibited by this code or other applicable law. Under no circumstances shall
construction/commercial equipment be stored in excess of two months unless it is actively being
used in conjunction with a valid building permit,•
e. d. No portion of any vehicle may overhang any public right-of-way;
d: e. All vehicles parked in front, side or back yard areas visible from the public street or
sidewalk must be parked on an permanent impervious or semi -pervious surface. Semi -pervious
surfaces include unit pavers, turf block, brick, mawal stene or other like materials eebbles and
must allow for partial infiltration of water. Impervious surfaces include concrete, asphalt or eay
other- surfaees other like materials that do not ahlow infiltration of water. Impervious surfaces
may not exceed forty percent of the front yard wea. Notwithstanding the above, impervious
surfaces may not exceed fifty percent of the front yard area on a lot less sixty feet in width;
e. f. All vehicles must be either currently registered, where registration is required for legal
operation and in good operating condition or have a valid planned non -operation permit on file
with the Department of Motor Vehicles;
t g. Residential driveways connecting to a detached garage or carport in the rear yard shall
have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in length.
Lots that are more than one hundred fifty feet in length shall have a minimum driveway width of
twelve (12) feet connecting to a detached garage or carport in the rear yard.
2
29-3
Ordinance No. 10-2065
g. h. In a new residential development, driveways shall have a minimum clearance of two (2)
feet from a building wall, fence, or property line;
h: i. Except on lots with circular driveways which conform to the provisions of this code, all
vehicles parked in the front or street side yard setback area must be parked perpendicular to the
street. On lots with circular driveways which conform to the provisions of this code, all vehicles
parked in the front or street side yard setback area are limited to less than twenty feet in length,
unless parked perpendicular to the street. Owners of vehicles made nonconforming by the
adoption of this section shall comply with this provision within two years of its enactment;
j. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand
pounds or more, or a total combination of motor truck, truck tractor and/or trailers that exceeds
sixty feet in length is not permitted.
2. Area Outside of Front or Street Side Setback Areas. Vehicles are permitted to be placed,
kept, or parked in any yard area, excluding those yard areas regulated by paragraph (1) of
subsection (A) of this section, provided a three-foot minimum clearance is maintained to any
structure.
3. Parking Within Structures. Vehicles are permitted to be placed, kept or parked in any
legal structure, provided that no more than one required enclosed parking space isoccupied by a
vehicle not capable of being propelled under its own power.
4. Enclosed garage shall consist an internal area encompassing two parking spaces
measuring ten feet by twenty feet each (a total of 20 feet by 20 feet) and shall provide
unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet
from finished floor. Tandem parking arrangements may be approved via a Parking Exception
approvable by the Design Review Committee.
5. Nonconforming single-family dwelling garages legally constructed according to the
parking regulations at the time of construction may continue its nonconformity provided that the
square footage necessary to legalize the garage based on this section of the ordinance be reserved
from the allowable floor area ratio for a future garage upgrade.
6. Non -Self -Propelled Vehicles. A maximum of two vehicles not capable of being
propelled under their own power are permitted to be placed, kept or parked outside a legal
structure on a lot.
7. Living or Sleeping Quarters. No vehicle shall be used for living or sleeping quarters,
except as permitted below:
a. Vehicles located in a mobilehome park and used consistent with any City regulations
applicable to mobilehome parks are permitted;
29-4
Ordinance No. 10-2065
b. Trailers, campers or recreational vehicles may be used by a bona fide guest of a City
resident for a period not to exceed seventy-two hours where the trailer, camper or recreational
vehicle is located on the resident's property.
8. Mobilehomes. Mobilehomes, excluding travel trailers, are not permitted within the
residential zones of the City, except in a mobilehome park or as provided by State law.
B. Vehicles Permitted in Nonresidential Zones.
1. Parking must be consistent with allowed uses in the zone. It is unlawful for any person
to place, keep or maintain or permit to be placed, kept or maintained, any vehicle upon any lot,
place or parcel of land within the nonresidential zones of the City, except for storage, sale or
business use as permitted in such zones.
2. Construction Trailers. Trailers may be used for temporary offices on construction sites
provided that a permit is obtained from the City Building Department after satisfactory
information has been given that the use is in compliance with the conditions of this chapter.
C. Loading and Unloading and Utility Vehicles. The provisions of this chapter are
inapplicable to active loading or unloading of air vehicle or to any public service or utility
company vehicles while in the performance of service or maintenance work.
D. Parking on Vacant Lots. No vehicle may be parked, kept, or stored upon any vacant or
unimproved parcel within the City.
E. Other parking regulations shall be as outlined in Title 11 of the Municipal Code.
(Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1650, (part), 1994; Ord. 1601, Exh. A
(part), 1992)
19.100.040 Regulations for Off -Street Parking.
A. Parking Ratio and Dimension. Table 1SO. 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. The Planning Commission or City Council may approve a development plan or
parking exception that deviates from Table 19.100.040-A if an applicant provides a parking
study that supports said deviation.
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.
4
29-5
Ordinance No. 10-2065
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 developments
with more than one land use, or parking facilities being used by one or more properties, shall be
determined using Table 19.100.040-C. The Planning Commission or City Council may allow
further reduction in the parking requirement as part of a use permit development plan or parking
exception if on -street parking is available.
1. The Director of Community Development may approve mixed -use parking standards
based on Table 19.100.040-C for projects that do not require review by any committee,
commission, or the City Council.
F. Shared Parking.
1. For proposed land uses which are less than or equal to five thousand square feet of
commercial; ten thousand square feet of office and eight or less units of residential, a special
parking study will not be required if all of the following may be demonstrated:
a. The land use consists of a shopping center, office or industrial development that is
owned or managed by a single entity;
b. The land uses are under single management and in close proximity to each other and are
served by a common parking facility;
c. The proposed shared parking plan may be approved in conjunction with a conditional use
permit application in a planned development zone or via an exception for a project that is not
located in a planned development zone.
d. The parking provided either meets or exceeds the standards for shared parking as
described in Table 19.100.040-C.
e. The shared parking plan is valid only as long as the mix of uses and their corresponding
square footage (or seats/employees for restaurants) is the same as originally approved.
2. For all land uses not meeting the criteria set forth in subsection F1 of this section, the
Planning Commission or City Council may approve a shared parking plan for a particular project
whereby a parking space is utilized to serve two or more individual land uses under the following
conditions:
a. The land use consists of a shopping center, office or industrial development which is
owned or managed by a single entity;
b. The land use under single management are in close proximity to each other and are
served by a common parking facility;
5
2s-6
Ordinance No. 10-2065
c. The applicant has submitted a detailed parking study which demonstrates that the
proposed use is compatible with the proposed parking supply.
d. The proposed shared parking plan may be approved in conjunction with a conditional
use permit application in a planned development zone or via an exception for a project which is
not located in a planned development zone.
G. Tandem, Valet and Other Special Parking Arrangements. Tandem, valet, and other
special forms of parking may be approved in conjunction with a conditional use permit in a
planned development zone or via an exception fax a project not in a planned development zone.
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, s hereby incorporated into this chapter by
reference.
J. Other regulations shall be as outlined in 'Title 11 of the Municipal Code.
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. On land zoned for Agricultural use (A and A-1 zones) F-ff tractors or
farm equipment that are regularly parked on -site within two hundred feet of a public street or
road, such par -king places shall be screened frorn 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 use permit or architectural and site approval within twelve months shall be required to meet
the following minimum landscape requirements; however, the Planning Commission and/or City
Council may recommend additional landscaping;.
6
29-7
Ordinance No. 10-2065
1. Each unenclosed parking facility shall provide a minimum of interior landscaping in
accordance with the following table:
Size of Parking Facility (Sq. Minimum Required Interior
Ft.) Landscaping (% of Total Parking
Facility Area)
Under 14,999 5%
15,000 - 29,000 7.5%
30,000 plus 10%
2. Parking lot trees shall be planted or exist at a rate of one tree for every five (5) parking
stalls for every ten spaces in a single row. Only fifty percent of the trees located along the
perimeter of the parking area may count towards the required number of trees. A parking facility
with larger trees with high canopies may be allowed to increase the number of parking stalls (up
to 10 parking stalls per tree) depending on the size of the tree and canopy size.
3. Landscaped planter strip shall be at least three (3) feet wide and the length of a parking
space.
4. The placement of trees shall be offset between stalls to prevent vehicles from bumping
into them. The Planning Department shall review and approve final tree locations.
5. Whenever a parking lot is adjacent to a street, a landscaped buffer at least ten (10) feet
wide is required. Where the parking lot is adjacent to a side or rear property line, a landscaped
buffer at least five (5) feet wide is required. Landscape buffer between double loading stalls shall
be at least four (4) feet wide. The required width of landscaped buffers is inclusive of curbing or
vehicle overhang allowance.
6. All landscape areas shall be enclosed by a six-inch wide continuous flat curb allowing
parking lot run off into landscaping area, infiltration islands or swales. Landscape planter strips
at the end of the parking aisles adjacent to a driveway shall be enclosed by a six-inch raised
concreted curb with drainage outlets to help delineate the driveways or aisles. Concrete wheel
stops shall be placed on top of the flat curb and shall be provided at a rate of one per two stalls.
The parking stall length may be decreased by up to two feet provide an equivalent vehicle
overhang into landscaped areas.
7. Curbed planter strips shall be provided at the end of each parking aisle. Landscape
planter strip shall be at least three (3) feet wide and the length of a parking stall.
8. Where appropriate, provision shall be made to ensure that adequate pedestrian paths are
provided throughout the parking lot/landscaped areas.
7
29-8
Ordinance No. 10-2065
9. Trees require to meet any section of this i.itle shall be a minimum of fifteen (15) gallon
size.
10. All trees shall be protected by wheel stops, curbing, bollards or other similar barriers as
appropriate.
11. All landscape shall be continuously maintained.
O. Swales and Permeable Surfaces. In order to reduce urban runoff and provide water
quality benefits in parking lots, all new parking kits or any substantial alterations to existing
parking lots shall incorporate the following design measures to the maximum extent possible:
a. Bio-swales in the require landscaping buffers.
b. Permeable or semi -pervious stalls.
1. Longitudinal slope of the swale shall be between 1% and 5%. All swales shall be
required to provide an adequate underdrain system to prevent ponding.
2. Swales of greater than 3% may be required to install check dams to reduce velocity
through Swale.
3. Swales shall be designed to eliminate any ponding of water for more than 48 hours. Side
slope shall not exceed 3:1 (horizontal:vertical).
P. Bicycle Parking. Bicycle parking shall be provided in multi -family residential
developments and in commercial districts. In commercial districts, bicycle parking shall be
conveniently located and adjacent to on -site bicycle circulation pedestrian routes. The bicycle
parking facilities shall be one of the following three classification types:
1. Class I Facilities. These facilities are intended for long-term parking and are intended to
protect the entire bicycle or its individual components and accessories from theft. The facility
also protects the cycle from inclement weather, including wind driven rain. The three design
alternatives for Class I facilities are as follows:
a. Bicycle Locker. A fully enclosed space accessible only by the owner or operator of the
bicycle. Bicycle lockers must be fitted with key locking mechanisms.
b. Restricted Access. Class III bicycle parking facilities located within a locked room or
locked enclosure accessible only to the owners and operators of the bicycle. The maximum
capacity of each restricted room shall be ten bicycles. In multiple family residential
developments, a common locked garage area with Class II parking facilities shall be deemed
restricted access provided the garage is accessible only to the residents of the units for whom the
garage is provided.
8
29-9
Ordinance No. 10-2065
c. Enclosed Cages. A fully enclosed chain link enclosure for individual bicycles, where
contents are visible from the outside, which can be locked by a user provided lock. This facility
may only be used for multiple family residential uses.
2. Class II Facilities. Intended for short term parking. A stationary object which the user
can lock the frame and both wheels with a user provided lock. The facility shall be designed so
that the lock is protected from physical assault. A Class H facility must accept U-shaped locks
and padlocks. Class II facilities must be within constant visual range of persons within the
adjacent building or located at street floor level.
3. Class III Facilities. Intended for short-term parking. A stationary object to which the
user may lock the frame and both wheels with a user provided cable or chain and lock.
Spacing of the bicycle units shall be figured on a handlebar width of three feet, distance from
bottom of wheel to top of handlebar of three feet and six inches and a maximum wheel -to -wheel
distance of six feet.
Q. Parking Space Dimension Chart. Parking space dimensions shall be as shown in the
following table:
Table 19.100.040-A
Land Use
Residential
Single -Family
Small Lot Single-
family,
Townhouse
Duplex
High Density
Multiple -Family,
High Density
Multiple -Story
Condominium
Zones Parking Ratio Bicycle
(Gross Square Parking
Feet) Required
RI/RHS 4/DU (2 garage
A1/P + 2 open)
P 2.8/DU (2
garage + .8
open)
R2 3/DU (1-1/2
enclosed + 1-
1 /2 open)
R3/P 2/DU (1
covered + 1
open)
Publ"uasl-Public/Agriculture
Churches, clubs, Lodges, BQ/CG 1/4 seats +
Theaters
1/employee +
1/special-
purpose
+ 40% of
units
7
Bicycle Stall
Parking Dimensions
Class (8)
10 x 20 ea.
10x20ea.
10x20ca.
Class I 9.5 x 20 ea.
29-10
Ordinance No. 10-2065
Schools and BA/BQ
School Offices
Daycare Centers CG
Martial Arts,
Dance/Art/Music
Studios, Tutorial
Services,
specialized
schools (does not
include adult
tutorial schools or
services)
Agriculture
Sanitariums and
Rest Homes
vehicle
1/employee +
1/56 sq. ft.
mutlipurpose
room + 8
visitor
spaces/school
+ 1/3 students
at senior H.S.
or college level
1 /6.5 students
CG 1/4 students d-5% of auto Class II
plus 1/1 staff at parking
any given time
or 1/250 sq. ft.
whichever is
more
restrictive.
0
.E
Private Recreation FP
Gyms, BAIBQ
Auditoriums,
Skating Rinks
without fined
seats
Commercial
MoteWHotels/ Lodging CG
Restaurant/Bar CG
and Nightclubs
Restaurants CG
without Separate
2 garage + 2
open
1/doctor + 1/3
employees +
1/6 beds
1/4 seats +
1/employee
1/56 sq. ft.
floor area used
for seating
purposes +
1/employee
1/unit +
+5% of auto Class II
1/employee (2)
parking
(3)
1/3 seats +
+5% of auto Class II
1/employee +
parking
1/36 sq. ft. of
dance floor
1/4 seats + +5% of auto Class II
1/employee + parking
Ordinance No. 10-2065
Bar
1/36 sq. ft. of
dance floor
Restaurant - Fast
CG
1/3 seats +
+5% of auto
Class 11
Food
1/employee
parking
Specialty Foods
CG
1/3 seats or
+5% of auto
Class II
1/250 sq. ft.
parking
whichever is
more
Bowling Alleys
CG
Mane +
+5% of auto
Class II
1/employee
parking
General
CG
1/250 sq. ft.
+5% of auto
Class I1
parking
Industrial
Manufacturing
ML
1/450 sq. ft.
+5% of auto Class I
parking
Office/Prototype
ML/OA
1/285 sq. ft.
+5% of auto Class I
Manufacturing
parking
Office
Co rattrativelGenera!
CG/OP
1/285 sq. ft.
+5% of auto Class I
Multi -Tenant
parking
Medical and
CG
1/175 sq. ft.
Dental Office
Notes:
l . Refer to table 19.100.040-B for uni-size stall dimensions.
2. Refer to standard details table for requirements for handicapped parking.
3. See 19.100.040(H) for stall dimensions in parking structures.
4. See 19.100.040(P) for description of bicycle parking classes.
Ordinance No. 10-2065
Table 19.100.40-B
Type of
Angle (In
Stall Width
Aisle Width
Aisle Width
Car Space
Parking
Degrees)
(One -Way
(Two -Way
Depth
Stall
Aisle)
Aisle)
(A)
(B)
(B)
(C)
Uni-Size
00
8.5
10.0
18.0
22.0
30°
8.5
10.0
18.0
18.0
35°
8.5
10.0
18.0
18.0
400
8.5
10.0
18.0
18.0
45°
8.5
10.0
18.0
18.0
50°
8.5
10.0
18.0
18.0
55°
8.5
11.5
18.5
18.0
600
8.5
13.0
19.0
18.0
65°
8.5
14.5
19.5
18.0
700
8.5
16.0
20.0
18.0
900
8.5
N/A
22.0
18.0
NOTES TO TABLE:
* - For handicap accessible spaces, please refer to § 1118A.4 of 1994 Uniform Building Code.
* - For further information, please refer to the Public Works Department Standard Detail Sheets.
Table 19.100.040-C
CALCULATING SHARED PARKING FOR MIXED -USE DEVELOPMENTS
WEEKDAY WEEKEND NIGHTIME
;'.2
29-13
Ordinance No. 10-2065
Land Use Daytime Evening
(9 a.m. - 4
(6 p.m. -
p.m.)
midnight)
Residential 75%
100%
Office/ 100%
10%
Industrial
Retail
60
Hotel
75
Restaurant
100
Entertainment/
40
Recreational
Instructions:
Daytime
Evening
(midnight - 6
(9 a.m. - 4
(6 p.m. -
a.m.)
P.M.)
midnight)
80%
100%
100%
10%
5%
5%
90
100
70
5
100
75
100
75
100
100
100
10
100
80
100
10
1. Determine the minimum amount of parking required for each land use as though it were a
separate use;
2. Multiply each amount by the corresponding percentage for each of the five time periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the parking space requirement.
(Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1657, (part), 1994; Ord. 1637, (part),
1993; Ord. 1601, Exh. A (part), 1992)
19.100.050 Parking Lot Lighting.
New lighting fixtures for any new site construction shall meet the following requirements:
A. All exterior lighting shall be a white type light either metal halide or a comparable color
corrected light unless otherwise approved as part of a development plan for uniformity, not
allowing any dark areas in the parking lot.
B. The light fixtures shall be oriented and designed to preclude any light and direct glare to
adjacent residential properties. No direct off -site glare from a light source shall be visible above
three feet at a public right-of-way.
C. Parking lots, sidewalks and other areas accessible to pedestrians and automobiles shall
be illuminated with a uniform and adequate intensity. Typical standards to achieve uniform and
adequate intensity are:
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29-14
Ordinance No. 10-2065
1. The average horizontal maintained illumination should be between one and three foot-
candles; and
2. The average maximum to minimum ratio should be generally between six and ten to one.
3. A minimum of 3-foot candles vertically above the parking lot surface shall be
maintained.
D. Critical areas such as stairways, ramps and main walkways may have a higher
illumination.
E. Lighting around automatic teller machines shall meet minimum standards required by
the State Business and Professions Code.
F. Shatter resistant lenses should be placed over the light to deter vandalism.
G. Underground lighting should utilize vandal -resistant fixtures and maintain a minimum
five lux level of color -corrected lighting for maximum efficiency.
H. Portal lighting should be provided inside all parking garages entrances.
(Ord. 1940, (part), 2004)
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 :object 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. 10-2065
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 to accomplish the purpose.
4. The proposed exception will not result in significant impacts to neighboring properties.
C. Issued by the Planning Commission. Requests for parking exceptions not subject to
Section 19.100.050(A) and (B) may be granted by the Planning Commission at a public hearing
subject to Section 19.120.060. The following findings must be made to grant the exception:
1. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
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 to accomplish the purpose.
4. The proposed exception will not result in significant impacts to neighboring properties.
(Ord. 1940, (part), 2004)
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation, published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, and shall certify to the adoption of this
ordinance and shall cause this ordinance and her certification, together with proof of publication,
to be entered in the Book of Ordinances of the Council of this City.
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Ordinance No. 10-2065
INTRODUCED at a regular meeting of the Cupertino City Council the 20th day of July,
2010 and ENACTED at a regular-adjoumed meeting of the Cupertino City Council the day
of , 2010 by the following vote:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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