101-Staff Report.pdf
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 16, 2010
Subject
Parking Ordinance Amendments
Recommended Action
Approve recommended amendments to the Parking Ordinance and Definitions Ordinance and
conduct first reading.
Description
Municipal Code Amendment to Chapter 19.100 (Parking Ordinance) of the Cupertino Municipal
Code with associated amendments to Chapter 19.08 (Definitions Ordinance) regarding storage
and parking of heavy equipment, aircraft and planned non-operational vehicles (see Attachment
A – Draft Ordinance).
Discussion
On July 20, 2010, the City Council reviewed amendments to the Parking Ordinance proposed by
the Code Enforcement Division to clarify requirements regarding the storage of vehicles in
residential zones. The Council continued the item pending a review and recommendation from
the Planning Commission.
The Planning Commission reviewed and recommended approval of the amendments on October
12, 2010 (see Attachment B – Commission meeting minutes and Attachment C - Commission
Resolution No. 6613).
The following sections of the report summarize key issues discussed at the Planning Commission
hearing and additional changes recommended by staff after the Commission review. Please refer
to the October 12, 2010 Planning Commission staff report (Attachment D) for a detailed
discussion.
Heavy Equipment
The Planning Commission recommends allowing heavy equipment in all zoning districts as long
as they are stored in either an enclosed structure or behind a six-foot tall fence located in the
interior side yards or rear yard areas and not be visible from the street.
Since the Commission hearing, the City Attorney has recommended a minor change to Section
19.100.040 (L) of the Ordinance by substitutingthe word “may” with “shall” to further clarify
the heavy equipment storage provision (see italic paragraph below and Attachment E):
Farm Equipment
The Commission also recommends including farm equipment in the definition of heavy
equipment. Under the current ordinance, farm equipment is allowed to be stored in all zones
provided that it is located within 200 feet of a public street/road and adequately screened. With
the proposed change, farm equipment will be subject to the same screening requirements as
heavy equipment and will still be allowed in all zones in the City.
Applicability of the Parking Regulations(supplemental staff clarification)
Following a review of the Model Ordinance, subsequent to Planning Commission review, staff is
recommending an additional amendment. The intent of the Parking Ordinance is to provide
parking regulations for both public and private roadways and/or streets. Currently, Sections
19.100.030(A)(1) and 19.100.030(A)(1)(C) of the Parking Ordinance are only applicable to only
public rights-of-way.
Staff is proposing eliminating the word “public” from these two sections. This will allow the
parking regulations to be uniformly applied to both public as well as private roadways consistent
with the intent of the Ordinance (see Attachment E).
_____________________________________
Prepared by: Piu Ghosh, Associate Planner
Reviewed by: Gary Chao, City Planner
Aarti Shrivastava, Director of Community Development
Approved for Submission by: David W. Knapp, City Manager
Attachments: A. Draft Ordinance
B. Planning Commission meeting minutes from October 12, 2010
C. Planning Commission Resolution No. 6613
D. Planning Commission Staff Report dated October 12, 2010
E. Strikethrough version of Chapter 19.08 (Definitions) and Chapter 19.100
(Parking) (Partial)