Ordinance 1295
ORDINANCE Plfl. 129
AN ORDINANCE OF THE CITY OF CUPERTINU f;EFEALING
CERTAIN ORDINANCES OUTLINED IN SECTION 1 AND
ESTABLISHING AN ORDINANCE REGULATING GENERAL
COMMERCIAL tCG) ZONES
SECTION i:__REPEALING_CLAU5E
Section_1_l: Ordinance No. 220(J), of the City of Cupertino,
California, is hereby repealed. pll other ordinances heretofore
enacted in conflict with this Ordinance No. 1295 are hereby
repealed to the extent that they vary from the provisions of this
Ordinance.
SECTION_2;__PURPO5E
Section__2_1: The purpose of the General Commercial Ordinance
is to establish regulations for retailing, offices, and service
establishments offering goods and services to the general public.
SECTION_3___APPLICATION
.Section__3_l: No building, or structure or land shall be
used, and no building or structure shall be hereafter erected,
structurally altered or enlarged in a General Commercial tCG)
zone, otherwise than in conformance with this Ordinance No. 1295,
with the following exceptions:
a. Uses, buildings and structures lawfully in
existence at the time this Ordinance No. 1295 takes
effect may remain as long as no alterationa, other
than minor alterations, take place. Minor
alterations shall include minor maintenance of
existing structures, new signs, sign face changes,
interior remodeling which does nok represent an
increase in intensity, and changes in ownership or
operator which do not represent a change in use.
Erection of a new building, expansion of an
existing building, exterior remodeling, or an
increase in intensity of use shall not be
.considered a minor alteration.
b. Legal non-conforming uses, buildings, structures
and parcels permitted by .the City's Ordinance
regulating non-conforming uses, or its successor.
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ORDINANCE ND. 1295 (COIJTINUED) •
:;EGTIDN_4___DEFIP7ITIONS
Section_4.1___Automotiv_e_Mainte~ance/Regair_(~'IinoC)
A retail establishment engaged in supplying minor automobile
maintenance services such as lubrication, engine tune-ups, smog
certifications, servicing of tires, brakes, batteries and similar
accessories, and minor repairs involving engine accessories. Any
repair which requires the engine, drive train, transmission
assembly, exhaust system, or drive train parts to be removed from
the car or requires the removal of internal parts shall not be
considered minor.
body and paint shop operations are not considered minor
repair.
Section_4_2~__Co~v_gnie~ce_Market_
An activity that includes the retail sale of food, beverages,
and small personal convenience items, including sale of food in
disposable containers primarily for off-premises consumption, and
typically found in establishments with long or late hours of
operation and in relatively small buildings; but excluding
delicatessens and other specialty food shops and also excluding
establishments which have a sizeable assortment of fresh .fruits
and vegetables and fresh-cut meat.
Section_4 3___Qrin~Cing Establis~iment_
An activity that is primarily devoted to the selling of
alcoholic beverages, including wine and beer, for consumption on
premises.
SegtioD_4_4=__Driv_e_Tnrough_Establishment_
An activity where a portion of retailing or provision of
service can be conducted without requiring.. the customer to leave
his or her car.
Section_4_._,___Late Ev_ening_Activities:
An activity which maintains any hours of operation during the
period of 11:00 p.m. to 7:00 a. m.
Section 4_b___Liguor Store_
An activity that is primarily devoted to the selling of
alcoholic beverages, including beer and wine, for consumption off
:he premises.
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ORDINANCE NO. 129b~ (CONTINUED) •
Section_4_7___Restaurant_(Fast_Food>_
A retail food service establishment in which prepared food or
beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of
patrons may serve themselves and may consume said food and
beverages off-site. A separate bar facility for serving
alcoholic beverages is not permitted, Any area, tables, or rooms
reserved for serving alcoholic beverages shall be considered a
separate bar facility. Specialty food stores, such as ice cream
stores, bakeries, or donut shops shall not be considered Oast
food restaurants.
Section_4.BI___Restaurant_(Full Serv_ice)_
A retail food service establishment in which prepared food
and beverages are served on non-disposable dishes, including
those establishments where the vast majorit y of food and
beverages will be consumed on the premises. Alcoholic beverages
may be served with meals at the patron's dining table. A
separate bar facility for serving alcoholic beverages is not
permitted. Any area, tables, or room reserved for serving
alcoholic beverages shall be considered a separate bar facility.
Section_4_9__ Restaurant_(Full_Serv_iEe_or__Fast_Food) wi~h_Bar
Facility_
A full service or fast-food restaurant with a separate
cocktail bar or a full service or fast food restaurant with an
area, tables, or room intended primarily for serving alcoholic
beverages for consumption on the premises to patrons who may or
may not eat a meal.
Section_4_10___Serv_ice Station
A retail establishment engaged in the dispensing of
automotive fuel which may include the retail sale of automotive
goods and supplies. Minor automobile maintenance activities are
permitted.
SECTION_5___PERMITTED USES
The following uses shall be permitted in a General Commercial
cCG) Zone without the requirement of a use permit, provided that
they are conducted entirely wfthi~ enclosed buildings or patios,
except for parking, and provided a use permit is not required for
any portion of the business by Section 6:
a. Retail businesses, such as food stores (excluding
convenience .markets), drug stores, apparrel shops,
variety stores, and hardware stores.
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ORDINANCE NU. 129 (CUNTINUED3 •
b. Professional, general, administrative and business
offices.
c. Banks, financial institutions, insurance and real estate
agencies, travel agencies, photographic and similar
studios.
d. Business services, such as advertizing bureaus, credit
reporting, accounting, and similar consulting agencies,
stenographic and duplication services, messenger and
telegraph offices, communication equipment buildings.
e. Restaurants (full-service) without a separate bar
facility.
f. Specialty food stores such as bakeries, donut shops, ice
cream stores, produce markets and meat markets, or
similar establishments where food is prepared and/or sold
primarily for consumption off the premises.
g. Lodges and restricted membership clubs as subordinate
uses in buildings intended primarily for uses specified
in Sections 5 and 6 of this Ordinance.
h. Limited repair services, such as jewlery, domestic
appliance, typewriter and business machine repair shops.
i. Personal service establishments such as barber shops,
beauty parlors, shoe repair shops, tailor shops, clothes
cleaning and laundry agencies and self-service
launderettes.
j. Retail dry cleaning establishments, provided that khe
solvents used in the cleaning process shall be
non-flammable and non-explosive and are in fluid-tight
cleaning units approved by the State Fire Marshall. No
dry cleaning is permitted of clothes other than those
delivered to the establishments by retail customers.
k. A maximum of four (4) vi den game machines provided these.
machines are incidental to the main activity of the
business.
1. Other uses which, in the opinion of the Planning
Commission, are consistent with the character of a
General Commercial (CG) Zone, are of the same general
character as the uses listed in the above Sections a
through {: and are not objectionable by reason of odor,
dust, smoke, glare, fumes, radiation, vibration, noise,
traffic, or litter.
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ORUINAhiCE NO. 1295• (CONTIPIUED) •
SECTION_6___CONDITIONAL_USES__ U5E_i?EF.MIT_REQUIkED:
The following uses may be permitted in locations where they,
in the opinion of the Planning Commission, are compatible with
e::isting and planned uses in the neighborhood. All uses shall be
conducted entirely .within enclosed buildings or patios, including
the parking of vehicles subject to storage, repair or other work,.
but excluding employee and customer parking. The Ilse Permit
shall specify the use or uses to be permitted.
a. Automobile,. trailer, tire and boat sales and rental,
limited to new and used vehicles in operable condition.
b. Commercial parking and parking garages.
c. Convenience markets.
d. Hotels, motels and boarding homes.
e. Liquor stores.
f. Drinking establishments.
q. Full service .restaurants with a separate bar facility,
fast food restaurants with or without a separate bar
facility, and any entertainment activities te.g.,
dancing, live music) in association with a full service
or fast food restaurant.
h. Commercial entertainment establishments,, such as indoor
theaters, bowling alleys, billiard pool parlors, dance
halls, and skating rinks.
i. Lodges and restricted membership clubs as principal uses
of buildings; fraternity and sorority houses.
j. Child care centers, day nurseries and playgrounds
accessory to a commercial establishment.
k. Vocational and specialized schools, dance and music
studios, gymnasiums and health clubs.
1. Limited food processing with retail outlets on the same
premises; caterers.
m. Pet shops and facilities for bathing, clipping, trimming
and similar services for pets, commonly called "Poodle
Parlors".
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OkUINANCE NO. 1~95~CONTINUEp) .
n. Mortuaries.
o. Minor automotive repair or maintenance as a subsidiary
activity.
p. Late evening activities.
q. Outdoor Uses - The following uses may be permitted as
o_u_t_d_o_o_r_ uses in locations where they, in the opinion of
the Planning Commission, are compatible with existing and
planned uses in the neighborhood. The Use Permit shall
specify. the uses to be permitted outdoors and the
location of these uses.
i. Automobile service stations.
ii. Automobile washing facilities.
iii. Automobile, trailer, tire and boat sales and
rentals, limited to new and uses vehicles in
operable condition.
iv. Hus terminals and stations.
v. Fast food or full service restaurants operated.
wholly or partly in outdoor areas
other than enclosed patios.
vi. Drive-through Establishments.
r. Other uses which, in the opinion of .the Planning
Commission, are consistent with the character of a
General Commercial (CG) zone, are of the same general
character as the uses listed in the above Sections a
through q and are not objectionable by reason of odor,
dust, smoke, glare, fumes, radiation, vibration, noise,
traffic or litter.
SECT10~1_7___TEMPORARY USES
Temporary sales and er.hibits, including stands or other
structures not having a permanent foundation, may. be permitted
for a period not exceeding thirty I30) days through a Minute
Order by the City Council.
SECTION_8___EXCLUDED_USES
Section__8_1: The following uses shall Qot be permitted in
General Commercial (CG> zones:
a. Automobile repair shops, tire repair shops, and other
repair shops, except for minor automotive repair and
maintenance as permitted in Section 6 of this Ordinance.
b
ON,DINANCE N0. 129:,iL'ONTINUED) .
b. Carpenter and cabinet shops, plumbing shops.
c. Lumber yards, warehouses, storage garages.
d. Nurseries and greenhouses.
Sec~ion__8_2: Other uses which, in the opinion of the
Planning. Commission, are objectionable by reason of odor, dust,
smoke, glare, fumes, radiation, vibration, noise, traffic or
litter shall be excluded.
Section__8_3_ Uses not specified in this Ordinance which, in
the opinion of the Planning Commission, are substantially
industrial rather than commercial shall be excluded from General
Commercial tCG) zones.
SECTIOPI_`7__ HEIGHT UF_HUILDINGS AND_STRUCTURES
Section__9_1: The maximum permitted height of a commercial
structure shall be 30 ft., except that:
a, greater height may be permitted as defined by the
Cupertino General Plan.
b. lesser height may be required as defined by the Cupertino
General. Plan and Section ll.2 of this Ordinance.
5ECTION_10__ LOT_AREA_AND_COVERAGE
Section_10_1: There is no minimum lot area or coverage
required except that there shall be sufficient area to satisfy
off-street parking and .loading area requirements and special
setback requirements established by the Cupertino General Plan.
Section__1U_2_ The maximum permitted building area for a
property located in a General Commercial zone is defined by the
Cupertino General Plan.
SECTION_li___SETBACKS
Section__11_1: Front yards may be required through the
Architectural and Site Rpproval process, commensurate with
special policy constraints in the General Plan and in order to
provide adequate light, air, and visibility at intersectionsi to
assure general conformity to yard requirements of adjacent or
nearby zones, lots or parcels; or to promote excellence of
development.
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ORDINANCE NO. 1295+ (COtiTINUED) •
Section ]1.2: hlo side or rear yard shall be required, except
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~atiere a lot abuts an area zoned Residential tk) or
Agricultural-kesidential (A1), in which case the following
requirements shall apply:
a. No part of any building shall be closer to a lot or
parcel zoned R or Al than the height of that particular
part of the building.
b. Side yard adjacent to a lot or parcel zoned R or Al
shall be a minimum of eight (B) feet.
c. Side yard adjacent to a street shall be a minimum of
twelve t12> feet.
d. Rear yard adjacent to a lot or parcel zoned R or Al
shall be a minimum of twenty (ZO> feet.
5ECTION_12___CONVERSION_OF RESIDENCES_TO COt1MERCIe~_USE
No residential building shall be converted, wholly or in
part, to commercial or office use unless a Use Permit for such
conversion has been secured as provided in Ordinance 652 of the
City of Cupertino.
SECTION_13___INTERFRETATION OF_TH~S_ORDINANCE_220(J)
Section__13_1_ Whenever application for a Building Permit in
a General Commercial tCG) zone is made, anticipating a use which
in the opinion of the Director of Planning and Development is not
the same or clearly comparable to uses .enumerated in this
Ordinance, the Director of Planning and Development shall keep
the Building Permit in abeyance and shall place interpretation of
the ordinance under "New Business" on the agenda for Planning
Commission. The Planning Commission shall render a decision by
Minute Order except that if the Planning Commission finds that an
interpretation would be equivalent to an amendment to the
ordinance, the procedures for introducing an ordinance shall be
followed.
S__ec_t_io_n___1_3._2: Whenever the Director of Planning and
Development finds that the use of a building in a General
Commercial tCG) zone has been changed to a use not the same or
clearly comparable to uses enumerated in this Ordinance, the
procedure in the above Section 13.1 shall be followed. If the
Planning Commission finds that the use is not in conformance with
this Ordinance the Commission shall so report to the City Council
for further action.
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ORDIh7ANCE NO. 1295 (CONTINUED)
'~E=C:1 [CJ(d_14___ARCHITFCTUFtAL_ANU_SITE_nFPROVAL
Section 1~1.i: Architectural and Site Approval Committee
review~is required to erect a new building or structure, enlarge
an er.isting building or structure, or modify the site,
architecture, landscaping or lighting of a developed property.
S_ec_t_io_n_ _1_4.2_: Architectural and Site Approval Committee
review may be waived if a proposed architectural, site,
landscaping or lighting modification is determined to be minor
with respect to the appearance or operation of the property by
the Director of Planning and Development. If the Direetor finds
that the modification is not minor, the applicant may appeal the
decision to the Planning Commission. If a modification is found
to be minor, an appeal may be made by any interested pdrty.
SECTION_15:_ SEVERABILITY_CLAUSE
Section 15_1_ If any section, subsection, sentence, clause
ar phrase of this Ordinance is for any reason held to be
unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The legislative body
hereby declares that it would have passed this Ordinance and each
section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared
unconstitutional.
SECTIOW_Ib__ PUBLISHING CLAUSE
S_ect_i_on__1_b.l: The City Clerk is hereby authorized and
directed to cause a certified copy of this Ordinance to be
published at least once within fifteen (15) days after its
enactment in the Cupertino Courier, the official newspaper of the
City, published and circulated in the City of Cupertino.
INTRODUCED at a regular meeting of the City Council of the
City of Cupertino, on the ___Z~_ day of __ T~,,,,a~.___, 1985, and
ENACTED at a regular meeting of the City Council of the City of
Cupertino this __~lRC ___ day of Ian~~nLyc_, 1985, 6y the following
vote:
Vote Members of_the_City Council
AYES: Gatto, Plungy, Sparks, Johnson
NOES: None
ABSENT: Rogers
ABSTAIN: None
PPR
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