Ordinance No. 11-2083 MCA-2011-01 Home of Christ Church, 10340 Bubb Rd APN 357-20-019 ORDINANCE NO. 11 -2083
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO, WHICH:
REPEALS CERTAIN CONDITIONS REFERENCED IN ORDINANCE NO. 360: #13,
#14, #15, and #19 FOUND IN PLANNING COMMISSION RESOLUTION NO. 406, AND
PLANNING COMMISSION RESOLUTION NO. 409 IN ITS ENTIRETY; AND
MODIFIES EXHIBIT "C" BY ADDING: ANCILLARY GENERAL COMMERCIAL
USES AS A PERMITTED USE; TECHNICAL COLLEGES & EXISTING CHURCHES
APPROVED WITH A CONDITIONAL USE PERMIT AS CONDITIONAL USES; AND
DAYCARE CENTERS, SCHOOLS, CONVALESCENT CENTERS & OTHER
SENSITIVE RECEPTORS AS PROHIBITED USES; AND AMENDS CHAPTER 19.60
(LIGHT INDUSTRIAL (ML) ZONES) OF THE CUPERTINO MUNICIPAL CODE,
RELATED TO THE STREAMLINING AND CODIFICATION OF THE ML -rc (WEST
VALLEY LIGHT INDUSTRIAL) ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose.
This ordinance amendment:
A. Repeals certain conditions referenced in Ordinance No. 360: #13, #14, #15, and #19 found in
Planning Commission Resolution No. 406, and Planning Commission Resolution No. 409 in
its entirety; and amends Exhibit "C" by adding: ancillary General Commercial uses as a
permitted use; Technical Colleges & Existing Churches approved with a conditional use
permit as conditional uses; and Daycare Centers, Schools, Convalescent Centers & other
sensitive receptors as prohibited uses.
B. Amends Chapter 19.60 (Light Industrial (ML) zones) of the Cupertino Municipal Code
related to the streamlining and codification of the ML -rc (West Valley Light Industrial)
zoning regulations.
Section 2. Code Amendment.
A. Zoning Ordinance No. 360 that rezone a portion of the City of Cupertino from Medium
Density Multiple Residential (R3- 2.7 *ma) Zane to Light Industrial (ML -rc) Zone is hereby
amended to read as shown in Exhibit A; and
B. Chapter 19.60, entitled "Light Industrial (ML) Zones," of the Cupertino Municipal Code, is
amended to read as shown in Exhibit B; and
Section 3. Severability.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void,
that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the provisions
hereof are severable.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as
provided by Government Code Section 36937.
Section 5. Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting of the entire text.
Section 6. CEOA.
An initial study has been prepared and a Negative Declaration has been adopted for the project.
Section 7. Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous provisions
of the Cupertino Municipal Code, these provisions shall be construed as continuations of those
provisions and not as amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 18th day of
October 2011 and ENACTED at a regular meeting of the Cupertino City Council on this 1st of
November 2011 by the following vote:
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
•
City Clerk Mayor, City of Cupeiji o
Exhibit A
ORDINANCE NO. 360
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF
ORDINANCE NO 2 BY RECLASSIFYING A CERTAIN PORTION OF THE CITY OF
CUPERTINO FROM MEDIUM DENSITY MULTIPLE RESIDENTIAL (R3- 2.7 *ma)
ZONE TO LIGHT INDUSTRIAL (ML- rc)ZONE.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, on February 9, 1967, an application 4 -Z -67) was filed by John Rodrigues, Jr., for
the rezoning of property from Medium Density Multiple Residential (R3- 2.7ma) to Light
Industrial,(ML - rc)Zone:
WHEREAS, upon due notice and after one public hearing, the Planning Commission
recommended to the City Council that a re- classification be granted to Light Industrial
Zone;(ML -rc: regulated by the M -1 section of Ordinance NS -1200 of the County of Santa
Clara, 1955 edition)
WHEREAS, the property to be rezoned is presently R3- 2.7 *ma Zone;
WHEREAS, a map of the subject property is attached hereto as Exhibit "A" as a proposed
amendment to the Master Zoning Map of the City of Cupertino;
Now, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the following described property be, and hereby is re -zoned to Light Industrial
(ML -rc) subject to the conditions set forth in Planning Commission Resolution No. 406 (hereby
amended by changing the wording of Condition 13 to read: "Any purposed use shall conform
with the list attached hereto as Exhibit "C ", or shall be approved by minute order by the Planning
Commission and the City Council "). Attached hereto as Exhibit "B ", and Exhibit "A" and "C"
attached hereto is made part of the Master Zoning Map of the City of Cupertino.
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
SECTION 2. This Ordinance shall take effect and be in force thirty (30)days after its passage,
and before the expiration of fifteen(15) days after its passage, this Ordinance shal 1 be published
once with the names of the members voting for or against the same in the Cupertino Courier, a
newspaper published in said County of Santa Clara.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 1st day
of May, 1967, PASSED and ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 5th day of May, 1967, by the following vote:
YES : Councilmen - Dempster, Noel, Stokes, Fitztgerald
NOES : Councilmen - Johnson
ABSENT : Councilmen - None
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
80,000.6
4 -Z -67
RESOLUTION NO. 406 (as amended by resolution No.409)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OF A ZONE CHANGE from Medium Density
Multiple Residential(R3 -2.7 *ma)to Light Industrial(ML -rc) zone.
APPLICANT: John Rodrigues, Jr.
ADDRESS: 20430 Town Center Lane, Cupertino
SUBMITTED: February 9, 1967
LOCATION: West of proposed West Valley Freeway,
East of Peninsular (Southern Pacific) Railroad,
South of Stevens Creek Boulevard, and North of
McClellan Road
AREA: 32 acres
CONDITIONS :
1 -12 Standard Conditions, as listed on Page 1.
16 There shall be no direct access from lots to Stevens Creek Boulevard and
McClellan Road, and no street connection with McClellan Road between Stevens
Freeway and SPRR; except that a temporary connection will be permitted until a
crossing between the railroad and Bubb Road has been completed.
17 Industrial activities in the open, including loading, un- loading and parking of
delivery vehicles, shall be located in the rear of the lot. Back yard and front yard
shall be separated by the main building or a wall extending over the entire width
of the lot, except for driveways or gateways of necessary width.
18 Front yards shall be landscaped to the satisfaction of the Architectural and Site
Control Committee. Back yards along
the planned Stevens freeway shall be landscaped to provide adequate screening, to
the satisfaction of the Architectural and Site Control Committee
20 The designation of the zone shall be ML -rc, and it shall be so indicated on the
Zoning Map. Appendix A to Ordinance 220 (f) of the City of Cupertino shall be
amended by adding: "rc = All conditions and findings in Resolution No.406 of the
Planning Commission of the City of Cupertino shall apply."
PASSED AND ADOPTED this 27th day of March, 1967, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: Commissioners Bryson; Frolich, Horgan,
NAYS: None
ABSENT: Commissioner Hirshon
AMENDMENT UNANIMOUSLY PASSED AND ADOPTED this 11th day of April, 1967 at an
adjourned meeting of the Planning Commission of the City of Cupertino, State of California.
APPROVED:
/s/ John W. Buthernuth
Vice Chairman
Planning Commission
ATTEST:
/s/ Adde Laurin
Director of Planning
EXHIBIT "C"
(Ordinance No.360)
4—Z -67
ML -rc districts are intended to shape the light industrial park setting by establishing uniform
standards for development and landscaping. Regulations found in the other sections of this
chapter shall apply to properties zoned ML -rc, unless otherwise stated in this section.
A. Permitted Uses. Only the following uses shall be permitted in an ML -rc zoning district:
1. PROFESSIONAL OR ADMINISTRATIVE OFFICES
2. LABORATORIES
3. WHOLESALER SHOWROOMS
4. RESEARCH AND VALUATION FIRMS
5. ELECTRONIC COMPONENTS AND ASSEMPLY
6. PRINTING & PUBLISHING
7. TESTING LABORATORIES
8. OPTICAL INDUSTRIES
9. SPORTING & ATHLETIC GOODS — WHOLESALE
10. ENCLOSED WAREHOUSING
11. CONTRACTERS OFFICES
12. COLD STORAGE FACILITIES & FROZEN FOOD LOCKERS
13. TELEVISION, RADIO & MOTION PICTURE STUDIOS
14. STENOGRAPHIC AND DUPLICATING SERVICES
15. DELIVERY SERVICES & DISTRIBUTION
16. WHOLESALE AND STORAGE WITHIN COMPLETELY
ENCLOSED BUILDINGS, EXCLUDING PETROLEUM PRODUCTS
17. PUBLIC UTILITIES OFFICES
18. DRY CLEANING ESTABLISHMENTS
19. COMMERCIAL PHOTOGRAPHY
20. WHOLESALE IMPORTERS
21. PRECISION INSTRUMENTS MANUFACTURE
22. AUDIO — VISUAL AID EQUIPMENT MANUFACTURE
23. COMPUTER SERVICES & DATA PROCESSING
24. FILM PROCESSING
25. OFFICE SUPPLIES & EQUIPMENT SALES & SERVICES
26. LIGHT MACHINERY, TOOLS AND EQUIPMENT SALES & SERVICE
27. GYMNASIUM, HEALTH CLUB
28. MUNICIPAL OR GOVERNMENTAL FACILITES
29. All uses permitted in a general commercial (CG) zone as provided in Section 19.56.030 of
this title, other than excluded uses in Section 19.60.080C, provided that they are auxiliary or
subsidiary to or an essential part of an established operation or use permitted by this chapter
including, but not limited to, personal services, retail establishments, and recreation
facilities located on the same lot as the principal use, and which exist solely for the
convenience of persons employed in or customers of the principal use;
B. Conditional Uses. The following uses may be conditionally allowed in the ML -rc
zoning district subject to the issuance of a conditional use permit by the Planning
Commission or a superior body.
1. Existing churches approved by the City with a conditional use permit in existence prior
to the effective date of this Ordinance on December 1, 2011.
2.. Technical colleges with classroom schedules which do not exceed traffic generation rates
normally experienced by a Light Industrial /Administrative Office development during
the 7:00 a.m. to 9:00 a.m., 4:00 to 6:00 p.m, and 7:00 p.m. to 10:00 p.m. periods. The on-
site enrollment shall not exceed two students for each parking space during the day
program from 7:00 a.m. to 6:00 p.m. and the evening program from 7:00 p.m. to 10:00
p.m.
C. - Excluded Uses. The following uses shall not be permitted in ML -rc zoning districts:
1. Excluded uses in the ML zone per Section 19,60.050
2. School (preschool, kindergarten through grade twelve (K -12), specialized school,
general acute care hospital (e.g., any nursing facility, intermediate care facility,
congregate living health facility), long -term health care facility, child day care facility
including day care centers, employer- sponsored child care centers, adult day care, family
-day care homes, and uses or facilities defined per in Health and Safety Code Sections
1250 or 1418 or 1596.750 and Education Code Section 17323(c) which may be utilized
by sensitive receptors as defined by Public Resources Code Section 42100(c).
Exhibit: B
J CHAPTER 19.60: LIGHT INDUSTRIAL (ML) ZONES
Section
19.60.010 Purpose.
19.60.020 Applicability of regulations.
19.60.030 Permitted uses.
19.60.040 Conditional uses.
19.60.050 Excluded uses.
19.60.060 Restrictions related to emissions.
19.60.070 Site development regulations.
19.60.080 Parking and loading standards — Conditional use permit.
19.60.090 Architectural and site review.
A 19.60.010 Purpose.
The purpose of the light industrial (ML) zoning district is to provide for, and regulate, certain
industrial uses which are incompatible with commercial and residential uses but perform
important storage, manufacturing or servicing functions for such commercial and residential uses
in the City. Light industrial uses are allowed because of the need for sites for small industries,
and because the characteristics of the permitted industrial uses are likely to be similar to many
permitted commercial uses. The uses permitted in this zone often create some objectionable
impacts such as noise and large volumes of truck traffic, but are essential uses in an urban
economy. The property in this zone should be located near central business areas, near arterial
traffic routes, along railroad lines, or where specialized services for residential areas should be
concentrated. Activities and hazardous materials that may be used in the light industrial zoning
district are specifically incompatible with schools, daycare centers, convalescent care centers and
other sensitive receptors and such sensitive receptors are prohibited from this zoning district.
(Ord. 1601, Exh. A (part), 1992)
0 19.60.020 Applicability of Regulations.
No building, structure, or land shall be used, and no building or structure shall be erected,
structurally altered, or enlarged in an ML zone, otherwise than in conformance with the
provisions of this chapter and other applicable provisions of this title.
(Ord. 1601, Exh. A (part), 1992)
G 19.60.030 Permitted Uses.
The following uses shall be permitted in an ML zoning district:
A. Manufacturing, processing, assembly, research and development factories, laboratories,
shops, and other uses which, in the opinion of the Director of Community Development are
similar to the above uses, and which do not create undue adverse impacts due to the effects of
glare, noise, dust, or any other emission within the premises as provided in Section 19.60.060 of
this chapter;
B. Automobile, trailer, tire and boat sales, rentals, service, repair and storage, including body and
upholstery shops, but limited to new and used vehicles in operable condition and new,
reconditioned and used parts, if stored inside a building;
C. Commercial parking lots and parking garages;
D. Warehouses;
E. Wholesale and storage activities within completely enclosed buildings;
F. Packing and crating establishments;
G. Auction houses, used furniture sales, feed sales, cold storage facilities, including frozen food
lockers;
H. Home, garden and farm equipment and appliance sales and rentals;
I. Machinery sales and rentals, including heavy construction equipment;
J. Repair and service shops for light machinery, household appliances and apparel;
K. Lumberyards, building material sales, ice, coal and wood sales, carpenter and cabinet shops;
L. Nurseries and greenhouses;
M. Dry cleaning plants and similar establishments, provided that the solvent used in the cleaning
process shall not be used or stored in any manner not approved by the State Fire Marshal;
N. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar services
for pets; kennels; taxidermists;
O. Television, radio and motion picture studios and stations;
P. Public utility facilities and service yards, and associated buildings, communications and
equipment buildings, corporation yards, contractors' and plumbers' shops, and storage yards;
Q. All uses permitted in a general commercial (GC) zone as provided in Section 19.56.030 of
this title, provided that they are auxiliary or subsidiary to or an essential part of an established
operation or use permitted by this chapter including, but not limited to, personal services, retail
establishments, and recreation facilities located on the same lot as the principal use, and which
exist solely for the convenience of persons employed in or customers of the principal use;
R. Notwithstanding the provision of Section 19.60.030Q above, the following commercial uses
are permitted as independent operations:
1. Stenographic or duplicating services,
2. Messenger or telegraph offices,
3. Delivery services,
4. Janitorial services;
S. Residential dwellings for caretakers or watchmen employed for the protection of the principal
permitted use, provided they are located on the same lot as the principal permitted use.
(Ord. 1601, Exh. A (part), 1992)
0 19.60.040 Conditional Uses.
The following uses may be conditionally allowed in the ML zoning district subject to the
issuance of a conditional use permit:
A. Issued by the Planning Commission:
1. Automobile service station and commercial car - washing facilities,
2. Gasoline and diesel fuel pumps, whether utilized as a principal use or as an accessory use,
3. Caterers,
4. Commercial entertainment establishments operated wholly or partly in the open (e.g., drive -in
theaters, golf driving ranges, and miniature golf courses),
5. Swim clubs, swim schools, and commercial swimming pools,
6. Retail sales of mixed concrete sold in batches not exceeding one cubic yard,
7. Stone cutting, monument manufacture,
8. Mortuaries,
9. Heliports as accessory uses,
10. Manufacture of radioactive material, provided that emissions do not exceed permissible
levels established by Federal or State standards,
11. Other uses which, in the opinion of the Planning Commission, are consistent with the
character of an ML zone, and do not exceed the levels of odor, noise, dust, smoke, glare, fumes,
radiation or vibration described in Section 19.60.060 of this chapter;
B. Issued by the Director of Community Development:
1. Under the provisions of Section 19.60.030, for any industrial use where the number of parking
spaces exceeds one per five hundred feet of net lot area, upon a determination that the use will
not have an adverse impact upon the City's street and circulation system, and is consistent with
the City's noise ordinance.
(Ord. 1601, Exh. A (part), 1992)
14 19.60.050 Excluded Uses.
A. The following uses shall not be permitted in ML zones:
1. Bag cleaning, blast furnace, boiler or tank works, candle factory, cannery, central mixing plant
for cement, mortar, plaster or paving materials, coke oven, curing, tanning or storage of raw
hides or skins, distillation of bones, coal or wood, distillation of tar, drilling for oil, gas or other
hydrocarbon substances, dumping, disposal, incineration or reduction of garbage, sewage, offal,
dead animals or refuse, fat rendering, forge plant, foundry or metal fabrication plant, hog farms,
junk yards or the baling of rags or junk, pumping, refining or wholesale storage of crude
petroleum, slaughtering of animals, smelting of copper, iron, tin, zinc or other ores, steam power
plant, stockyard, stone mill or quarry, sugar refining, wool pulling or scouring;
2. Manufacture of acetylene, acid, alcohol, alcoholic beverages, ammonia, bleaching powder,
chlorine, chemicals, soda or soda compounds, brick pottery, terra cotta or tile (except handcraft
products only), candles, celluloid or pyroxlin (treatment of same), cement, gypsum, lime or
plaster of paris, chewing tobacco (or treatment of same), disinfectants, dyestuffs, emery cloth or
sandpaper, explosives, fireworks or gunpowder (or storage of same), fertilizer, glass, glue,
gelatin, grease, lard or tallow (manufactured or refined from or of animal fat); illumination of
heating gas (or storage of same), insecticides, lampblack, linoleum, oilcloth or oiled products,
linseed oil, paint, oil, shellac, turpentine or varnish (except mixing); matches, paper or pulp,
pickles, sauerkraut or vinegar, potash products, rubber or gutta percha products (or treatment of
same), shoe polish, soap (other than liquid soap), starch, glucose or dextrin, stove polish, tar
roofing or waterproofing or other tar products, yeast;
3. Commercial excavating of building or construction materials.
(Ord. 1601, Exh. A (part), 1992)
g 19.60.060 Restrictions Related to Emissions.
Emissions of noise, vibrations, radiation, light, smoke, fumes or gas, odor, dust and toxic waste
shall be limited to quantities indicated in this section. The limitations shall apply at any point
outside the boundary of each lot in an ML zone, the boundary assumed, for the purpose of this
title, to extend in a vertical plane and below ground. In case of further subdivision or lot split, the
limitations shall not apply outside any resulting lot.
A. Vibration. Vibrations in the nonaudible range shall not be of such intensity that they can be
perceived without instruments.
B. Radiation. Electromagnetic radiation shall not result in perceptible disturbance of television or
radio reception.
C. Light. The intensity of light at the boundary of each lot shall not exceed seventy -five foot
lamberts from a source of direct light, or one hundred foot lamberts from a source of reflected
light. The intensity of light at the boundary of an industrial zone, or an industrial area in a
planned development (P) zone, shall not exceed fifty foot lamberts from a source of direct light,
or seventy -five foot lamberts from a source of reflected light.
D. Smoke. No emission shall be permitted, from any or chimney or otherwise, of visible grey
smoke of a shade equal to or darker than No. 1 on the Power's Micro- Ringelmann Chart,
published by McGraw -Hill Publishing Company, Inc. and copyrighted in 1954 (being a direct
facsimile reproduction of a standard Ringelmann Chart as issued by the United State Bureau of
Mines); except that a visible grey smoke of a shade equal to No. 2 on such a chart may be
emitted for four minutes in any thirty minutes.
E. Fumes and Gas. Any toxic or irritating ingredients in emitted fumes or gas shall not exceed
ten percent of the concentration indicated in "General Safety Order" issued by State of -
California, Department of Industrial Relations, Division of Industrial Safety (reprinted January
1964). Collection of heavy gases at ground level shall be prevented.
F. Odor. No emission of odorous gases or other odorous matter shall be permitted in such
quantities as to be readily detectable when diluted in the ratio of one volume of odorous air of
liquid or solid matter to two volumes of clean air. Any process which may involve the creation or
emission of any odors shall be provided with a secondary safeguard system so that control will
be maintained if the primary safeguard system should fail. There is established as a guide in-
determining such quantities of offensive odors, Table III, Odors Thresholds, in Chapter 5 of Air
Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc.,
Washington, D.C.
G. Dust and Other Solid Particles. No emission shall be permitted which can cause any damage
to health, animals, vegetation or other forms of property. No emission shall be permitted in
excess of fifty percent of the standards specified in Table I, Chapter 5 of Industrial Hygiene
Standards, Maximum Allowable Concentrations of the Air Pollution Abatement Manual,
copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. In no event
shall any emission, from any chimney or otherwise, exceed one -tenth of a grain (0.1 grain) per
cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting
from combustion, standard corrections shall be applied to a stack temperature of five hundred
degrees Fahrenheit and fifty percent excess air.
H. Wastes. No discharge into any public sewer, private sewage disposal system, or stream, or
into the ground, of any materials of such nature or temperature as can contaminate any water
supply, interfere with bacterial processes in sewage treatment, corrode or otherwise damage
sewers or pipelines, or otherwise cause the emission of dangerous or offensive elements, shall be
permitted, except in accord with standards approved by the California Department of Public
Health or other such governmental agency as shall have jurisdiction of such activities. In
addition, solid, liquid or gaseous toxic wastes shall not exceed ten percent of the concentration
indicated in the General Safety Order issued by the State of California, Department of Industrial
Relations, Division of Industrial Safety (reprinted January 1964).
I. Garbage removal shall be made in such a way that emissions from garbage trucks do not
exceed the quantities or concentrations set forth in this section.
(Ord. 1601, Exh. A (part), 1992)
LJ 19.60.070 Site Development Regulations.
A. Height of Buildings and Structures. Except as otherwise provided by the General Plan, the
maximum height of a principal building/structure in an ML zoning district is two stories, not to
exceed forty feet, and of an accessory building in that zone is one story not to exceed fifteen feet.
B. Lot Area Shape and Coverage.
1. Lot Area. The minimum lot area of a lot in a light industrial (ML) zoning district is ten
thousand square feet. Each lot in an ML zone shall be designated with a number after a dash in
the ML zoning symbol representing the minimum number of square feet (in thousands) allowed
for such lot.
2. Lot Shape. Each lot in an ML zoning district shall have such shape that a square with a side of
one hundred feet can be inscribed within the lot.
3. Maximum Building /Structure Coverage. The maximum lot coverage for buildings and
structures in an ML zoning district is forty percent of the net lot area.
C. Required Setbacks.
1. Front Yard. Minimum front -yard setback shall be twenty -five feet.
2. Side Yard. No minimum side -yard setback shall be required where a lot in an ML zoning
district abuts another lot zoned ML or transportation (T); otherwise, the minimum side -yard
setback is fifteen feet, subject, however, to the provisions contained in Section 19.60.070 C4.
3. Rear Yard. No minimum rear -yard setback shall be required where a lot in an ML zoning
district abuts another lot zoned ML or a lot zoned transportation (T); otherwise, the minimum
rear -yard setback is twenty feet, subject, however, to the provisions contained in Section
19.60.070 C4.
4. When Adjacent to (R) or (A -1) Zones. When a lot in an ML zoning district is adjacent to or
separated by a street from an area zoned (R) residential or (A -1) agricultural - residential, all
minimum yard setbacks shall be fifty feet. Twenty -five feet of any yard nearest any lot line shall
be used and maintained only as a landscaping, planting or screening strip (except for access
ways). The remainder of any such yard may be used only for off - street parking, or shall be
maintained as a landscaping planting strip in the same manner as the first twenty -five feet.
5. Additional Setback Requirement. No part higher than twenty feet of a building in an ML
zoning district shall be closer to a lot line than one -half of its height.
(Ord. 1601, Exh. A (part), 1992)
19.60.080 Use and Development Regulations— (ML -rc).
ML -rc districts are intended to shape the light industrial park setting by establishing uniform
standards for development and landscaping. Regulations found in the other sections of this
chapter shall apply to properties zoned ML -rc, unless otherwise stated in this section.
D. Permitted Uses. Only the following uses shall be permitted in an ML -rc zoning district:
1. Professional or administrative offices
2. Laboratories
3. Wholesaler Showrooms
4. Research and Valuation Firms
5. Electronic components and assembly
6. Printing & Publishing
7. Testing Laboratories
8. Optical Industries
9. Sporting & Athletic Goods — Wholesale
10. Enclosed Warehousing
11. Contractor's offices
12. Cold Storage Facilities & Frozen Food Lockers
13. Television, Radio & Motion Picture Studios
14. Stenographic and Duplicating Services
15.. Delivery Services & Distribution
16. Wholesale and storage within completely enclosed buildings, excluding petroleum
products.
17. Public Utilities Offices
18. Dry Cleaning Establishments
19. Commercial Photography
20. Wholesale Importers
21. Precision instruments manufacture
22. Audio - -- Visual Equipment Manufacture
23. Computer Services & Data Processing
24. Film processing
25. Office Supplies & Equipment Sales & Services
26. Light Machinery, Tools and Equipment Sales & Services
27. Gymnasium, Health Club
28. Municipal or Governmental Facilities
29. All uses permitted in a general commercial (CG) zone as provided in Section 19.56.030
of this title, other than excluded uses in Section 19.60.080C, provided that they are auxiliary
or subsidiary to or an essential part of an established operation or use permitted by this
chapter including, but not limited to, personal services, retail establishments, and recreation
facilities located on the same lot as the principal use, and which exist solely for the
convenience of persons employed in or customers of the principal use;
B. Conditional Uses. The following uses may be conditionally allowed in the ML -rc
zoning district subject to the issuance of a conditional use permit by the Planning
Commission or a superior body.
3. Existing churches approved by the City with a conditional use permit in existence prior
to the effective date of this Ordinance on December 1, 2011.
4. Technical colleges with classroom schedules which do not exceed traffic generation rates
normally experienced by a Light Industrial /Administrative Office development during
the 7:00 a.m. to 9:00 a.m., 4:00 to 6:00 p.m., and 7:00 p.m. to 10:00 p.m. periods. The on-
site enrollment shall not exceed two students for each parking space during the day
program from 7:00 a.m. to 6:00 p.m. and the evening program from 7:00 p.m. to 10:00
p.m.
C. Excluded Uses. The following uses shall not be permitted in ML -rc zoning districts:
1. Excluded uses in the ML zone per Section 19,60.050
2. School (preschool, kindergarten through grade twelve (K -12), specialized school,
general acute care hospital (e.g., any nursing facility, intermediate care facility,
congregate living health facility), long -term health care facility, child day care facility
including day care centers, employer- sponsored child care centers, adult day care,
family day care homes, and uses or facilities defined per in Health and Safety Code
Sections 1250 or 1418 or 1596.750 and Education Code Section 17323(c) which may
be utilized by sensitive receptors as defined by Public Resources Code Section
42100(c).
D. Driveway Access. There shall be no direct vehicular access from ML -rc zoned lots to
Stevens Creek Boulevard and McClellan Road, and no street connection with McClellan
Road between Highway 85 and the railroad line.
E. Unenclosed industrial activities, including loading, unloading and parking of delivery
vehicles, shall be located in the rear or side yards of the property and screened from
public street view.
F. Landscaping. Front yards shall be landscaped and rear yards facing Highway 85 shall be
screened by landscaping from public street view.
19.60.090 Parking and Loading Standards — Conditional Use Permit.
Parking and loading standards in an ML zoning district shall be as provided by this title;
provided, however, where the number of parking spaces for any lot in an ML zoning district
exceeds one per five hundred square feet of total lot area, the use shall be subject to the issuance
of a conditional use permit as provided in Section 19.60.040B.
19.60.0100 Architectural and Site Review.
No building or structure shall be erected without Planning Commission review according to.
Chapters 2.32 and 19.134. No building, structure, landscaping, parking plan or sign shall be
structurally altered or enlarged in an ML zone without architectural and site review before the
Design Review Committee pursuant to Chapters 2.90 and 19.134 of this code.
(Ord. 1844, § 1 (part), 2000; Ord. 1779, § 1 (A), 1998)
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. 11 -2083, which was enacted
on November 1st, 2011, 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
2nd day of November 2011.
KIMBERLY S ; H, City Cler and Ex- officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate