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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: 13 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. 14 29-15 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. 15 29-16 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 16 29-17