Ordinance 1484ORDQVANCE NO. 1484
AN ORDQJANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTBVO
AMENDING ORDBVANCE NO. l)02(d) AS DESCRIBED W SECTION 2 IiEREQV, "
AND ESTABLISHDVC AN ORDBVANCE REGULATIIVC
PRIVATE RECREATION (FP) ZONES
THE CITY COUNCIL OF THE CITY OF Ct1PERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1: AMENDMENT ~ , . .
Section 1.1: Ordinance OQ2(d) b hereby amended by adding this Ordirunee No. 1484.
SECTION 2: REPEALING CLAUSE/AMENDMENT OF TITLE
Section 2.1: AB ord(nanca heretofore enacted it oonfiict with this Ordinance No.1484`are repealed to'the
extent that they vary from the provisions of this Ordinance.
Section 2.2: The Title of Ordinance OQ2(d) "Agricultural-Recreational Zone" is hereby deleted; henceforth,
said OMtnance b entitled "Private Recreation Zone."
SECTION 3: PURPOSE
Section 3.1: The purpose of creating a Private Recreation (FP) Zone b to fadlitate zoning under use permit
controls which promote privately-sponsored business enterprise (or the cultural and recreational needs of the
community which are distinct from, and yet serve as an enhancerrrent to tho orgartiaed activity and passive open
space uses traditionally provided by the public sector on City or regional parklands.
The FP zoning ordinance Is intended to encourage a diverse range of recreational devebpment by private
interesb. At the same time, the use intensity of any site in the FP zone is determined by application of
performance standards which ensure a compatible fit with the site's geographic and environmental setting.
SECTION 4: APPLICATION
Section 41: No building or structure or land shall be used, and rto building or structure shat) be hereafter
erected, structurally altered or enlarged in a Private Recreational Zone otherwise than in conformance with
the following provisions:
A) Uses, buildings and structure lawfully in existence at the time fhb Ordinance No.1484 takes effect may
remain as long as no altentioro take place, and
B) Except on those legal, non-conforming structures or parcels of )and as permitted by the Gty's Ordinance
regulating nonconforming uses, or ib suoxssor.
SECTIONS: DEFIIVITTONS
Section S.L• Words and terms contained within this Ordinance shat! be applied aorording to their meaning
in common speech. Such terms as are defined herein shall take precedence when their meaning appears to
conflict with common speech.
Section 5.2: AmusementParlc A comrnerdal tadlity which supplies various forrb of indoor and outdoor
entertainment and refreshmer~b.
Section S3: Card Clnb: An establishment offering play or observation of play of licensed games of
chance, but not including partldpation 1n the California State Lottery.
ORDINANCE NO. 1484 (FI')
[ ACE -2-
Section 5.4: Equestrian Center. A facility for the shelter, display, exhibitbn, keeping, exercise or riding of
horses, ponies or mules, or vehicles drawn by such animals, with related pasture lands, corrals
and trails.
Section 5S: Mitigation of Impact: Shall generally mean to alleviate the affects of an activity. to a level
of insignificance.
Section 5.6: Nightclub: An establishment primarily providing alcoholic beverage service and late
evening (past 11:00 p.m.) entertainment, with or without food service.
Section 5.9: Personal F[tness Training Center. A fadllty providing space and equipment, with or without
supervision, for group or individual athletic development, increased skill development in
sports activity, or rehabilltadve therapy for athletic injury.
Section 5.8: PIrnTc Area: A facility providing tables and cooking devices for, preparation and
wnsumption of meals out of doors or within an unerulosed shelter atntcture.
SeMIon 5.9: Practice Range: A facility providing controlled access to fixed or movable objects which are
used to test and measure accuracy of discharge from a weapon.
Section 5.10: Residence, Caretaker's or Security Offtcer'a: One dwelling unit for an owner, manager,
operator, watchman or employee and his/her immediate family living on the premises for
purposes of protecting or maintaining the principal use.
Section 5.11: Rural Context: Site area looted on lands west of the 440 (t. contour level, as said contour is
depicted in Appendix "A" of the City of Cupertino General Plan.
Section 5.12: Sem!-Rural Contexh Slte area located on lands inclusive of the Stevens Creek Floodplain
westerly to the 440 ft. contour level, as said contour is depicted in Appendix "A" of the City of
CuperUro General Plan.
Section 5.13: Urban Context: Site area located within the city limits of Cupertino not situated within
the Rural Context or Semi•Runl Context as defined in Sections 5.1] and 5.12 of this Ordinance,
respectively.
SECTION 6: PERMTI"TED USES
Section 6.1: Zoning Designation: The Ordinance nttoning each property or parcel to the Private Recreation
(FI') zone classification shnil include one of the sufRxes in the table below, indicating the primary use intent
for the site. Uses authorized for any site are interchangeable between indoor and outdoor activity, and may
include activities listed under both Subdivision "i" and Subdivision "o" of Section 6.2, notwithstanding the
suffix designation.
Activity Suffix Complete Use Characteristin
Chaneteriution • Symbol
Indoor -i FP-i Uses oriented primarily to activites which take
place within an enclosed structure, and as listed in
-O FP-o Uses oriented to activitiq which are not wnauete
in enclosed structures, and as listed in Section 6.2,
Section 6.2: Conditional Uaes -Use Permit Regnired: The following uses may be permitted in Private
Recreation (FI') zones, subject to the securing of a conditional use permit in each separate case. At the inception
of a rezoning to the FP classification, said rezoning shall be accompanied by a simultaneous inquest for Use
Permit approval. The Use Permit review procedure shall be similar to that followed for use permits in the
Planned Development zone, as described in Section 6.2 (d) of Ordinance 652.
ORDQJANCE NO. 14$4 (FP)
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SUBDMSION "o" -Outdoor Uttt
1) Equestrian center including riding endemics, stables and horse rental
2) Practlce range for archery or firearms
3) Colf course with or without driving range
4) Swim and racquet dub
5) Swirmrning, diving or related sports antes "
6) Picnk area.. ~. .., ,.
7) Racquet sport center for tennis, racquetbaA, badminton and sirnUar actlv[tlea
8) Specialty outdoor activity center enrnmpassing one or more of the fpA4vYing or similar uses:
a) Roller skating
b) Skateboarding
c) Lawn bowling, Bocce ball ,
d) Miniature golf ,
e) Watersiide `
9) Comunerdal athletic field for one or more of the following or similar uses:
a) Baseball, softball or battlng cage training ... ~ ,,-,. ,
b) Football ,.. ,
c) Soccer „,
d) Volleyball
e) Field hockey
f) Basketball
10) Amusement parks with or without rides or live entertainment
11) Hirycle moto~crow ceurse/go-kart track or similar apedalty seaway, but excluding facilitles for
ndng of automobiles or motorcycles
12) Air sports field for hang gliding, altralight aircraft or ballooning, but excluding common carrier
passenger aircraft service
13) Other outdoor reoreaNon uses which are found by the City Coundi or Planning Commission to be of
similar intensity end cluracteristla of aces to those enumerated in this subdivision
SUBDIVISION "i" - Indoor User
14) Museums and galleries
15) Theaters for film, stage or music entertainment
16) Specialty indoor activity ante ert~asdng one ~ more of the Eolbwing or similar uses:
a) Bowling,
b) Video games
c) Pool, Billiards
d) Martlal arts
e) Ice or Roller Skating Rink
17) Personal Hines or aporb traiMttg center with primary k~atlon ~ tadlittes and equipment enclosed
within a structure.
iB) Dana lull or facility for dance instructlon
19) Other indoor recreation uses whkh are found by the City Council or Piam+ing Commission to be of
sinillar intensity and characteristla of use to those enumerated in this subxctlon
Section 6.21 Development Plan Required: A Development Plan shall be approved in conjunction with
each request for retuning to the FP district, or with each separate use permit appBnNon subsequent to such
retuning. The Development Plan shall include, but shall not be limited to the following content:
A) Architectural theme of the development; the location of buildings, building heights, allocation of floor
area.
B) Definition of uses within said bulldMgs, a use dlstributlon fable settlng forth the property sire, and the
amount of land devoted to the principal reQeatlon use or uses and support activities.
ORDINANCE NO. 1484 (FI')
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C) Depiction of surrounding uses at least 100 feet in each direction from the perimeter of the project;
existing and proposed private and public streets which provide ingress and egress to the site; the
)ovation of driveway aprons and pedestrian paths.
D) A drawing desQibing the areas to be landsaped within the deveopment including areas adjacent to
streets.. The [unctional aspects of landscaping design shall be described, including but not Umited to
how tandscaping fs used to screen parked vehkles, to enhance the enjoyment of ectlvity areas or
separate activity areas from adjoining uses, and provide an aesthetically pleasing design element.
E) A description of the phasing of construction for the development, including a tentative time schedule
and plan describing the extent of buUding square footage and land area involved with each phase of
the development.
Section fi.3: Subsidiary Uses: The following uses may be permitted with a use permit when such uses are
intended:
A) To serve prirrtarily the convenience of persons drawn to the die to engage in the actlvitla authorized
thereon as the principal use
B) To operate in wnjunctlon with, and be subsidiary to any of the prindpal uses described in Section 62:
1) Competition and tournament fadlitles induding stadium sestlng, rnncession stands and box
office/ticket sales fora: premises events only
2) Restaurant without separate bar faNiiry
3) Repair Shop servicing equipment assodated with the actlvities authorized under the principal use
Permit
4) Befall Bald of equipment and supplies customarily associated with the acdvitla authorized under
the principal use permit.
S) Caretakers or Security Officers Residence
6) Other uses deemed by the Planning Commission or Clty Council to be subsidiary to the prindpal use
authorized on the site.
Section 6.4: Exdnded Una: The fotowing uses shall not be allowed in a Private Recreation (FP) zonr.
1) Card Clubs and similar businesses operatlng games of chance
2) Nightclubs
3) Other rases which are farad by the Planning Commission or City Coundl to be in conflict with the
objectlves of the Fl' zoning district as stated in Section 3 of this Ordinance.
SECTION 7: PERFORMANCE STANDARDS
Section 7.1: General: Individual use permit requesb for development of fadlltles fn the FP Zone shall be
subject to application of performance standards. The Performance Standards and Potentlal Mitigation
Strategies listed in Section 72 shall:
1) Serve as guideltrres applkd by the Planning Commission and City Coundl in a manner which best
accomplishes the intent of the FI' Zone
2) Ensure adequate mitigation of potentially detrimental impacts assodated with a specific use in a
specific locatlon.
Sectlon 7.1.1: Priority of Recreational Development: The City Coundl may approve a private recreational
use which is found to be inconsistent with any minimum performance standard stated in this Ordinance upon
finding that:
1) There is an offsetting factor of need for that use
2) The use is of interest to residents of Cupatlno ova uses which draw from a regional area.
~ e
ORDQ~IANCE NO. 1484 (FI')
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Section 7.2: Impact Mitigation Standards: The following chart shall be used to determine the level of
minimum performance appropriate to each ntegory in which one or more significant impacts may otter to
adjoining property and/or to the community at large as a rtault of any new or expanded use in the Fi' zone. The
Ciry may impose apedfic mitigation strategies as conditions of Use Permit approval to ensure compliance with
the General Perfoetrtance Standards, except as rated In Section 7.t.1 above:
OMMt sundaMas
AeiainYq propartlea dtak a prorcrd hen noiw lavala axaadlnp Noire "
t7rdwta arrtdardr
Pot•nttal Yltlpatlon at-aaoaa:
1j Provlda pliyrteaf barri« Ortwraan noiw roux and rrrriYva raaPbr
x) fink Woos. or oprration
9) Prepare nolw sport drar;airio eataiMd mlbpaaon twlutbm
tiananl Mandaros
p CoMorm b EatraordMtary tJaa Pdbr for fora bare h txban aWrpr
x) Yrhtah arrWq Wa3 for rw-uraan saaN rryirlrm loaaom
PoUntlal wUp.uon ttrataolut
1) Prepare aalao report b «rww aompkarre rrkh to trlp/aera rtanerN
Z) Provide oM rka raodway aOkiN hiprovamrrn•
~) fink Itoiwa of oprration « peak ttew aesvity
INTRUfION o.narat etandaros
~Y f diss nol tfa rubjret b haurion from dwt. odor, d4ad
YirYal aoeau ar pirr Gem atdaNat Yp>rnp
PopnNal YINaWea tlVaaplut
1) Prodda v4trl tirrrirr brtwean aaMty wa and adioYdrtp proprrtlas
xl SwdM ~P hrnal for ear nmovalAtoit oontrW
~) Control vansraon d brra hrata and altrr oombrrtktra
q Enpry atYrldad WCftr^0 i:arar rrar roadwgrr, harms or parka
NDSCAPE t7ananl tkandard:
1) Prwida a:irrriva lartdrerpinp for itirteearl and eaooraM paparaa vrftan
eonridaOdturnd•
$) Yahrh aM aNtaroe rraaal ~da•P'a alNMflb h Waal and Isildda afro
pegntlal YltlOatlon st»taplaas
f) Ura straat Uarirpr landaeapiq b sahtorw Mt~thorhoad MtthO '.
(ratbad:s, Pl•rk boa. era rP•~rq)
2) Uaa hrrior parirrrrr YrtdreapM+p b oonhol vfaual htruabn, aapraM
oonfYalrq trrr, oMaat ~ h~prrviar a:rhoa uatr
~ Pnaarva IratfiY roM as rpacknrn, aapraafy Oab and Rrelareodr
4) SaMet plant pWtr b canrplanlara rrtuM rN/rAair and IYldlefnr
S) YWrrira du4r0arcr o/ naaral pradr; avoid rzsapprrard pad rlrvaUorr
ORDQVANCE NO. 1484 (FI'3
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PtiAPORWNCf fT.N10ARnt
CATi0011T CRITlRIA
COlRerR Otnerel ftaMerdt: __...
Proms detipn Miald omrplpnpM M DMe4d eaMy atgeaM br
U» tteY peoprtptie warp.
PotenUel YIUpeUen futtepNa
t) Rural Camax
PlMefVe IliWdee Y QIM ntldereW erd a»n ~p ereee -
21 ftmFRUreI Caee:C
PrwAwYt. dearau nruY eodopy a soodptM end lowtr foahMt
LYOen WHea.
Mndmite reaMlbn pWenW •/un paprJpbn V mop IYp111y
cronotrenled - _.
,BUILT POKY
wneni fhndeN:
'., ~) F.aebtN euiabp IrIpM erd aovtrepe fn tcW b turraundYp ewauee
2i McYnaln a optn Yt tar euaotr reaeetlon ua area
Peltntlet YlUptdon ftreleplee:
r) gtRne etr6erie is aarnot pudoe~Yrp end p attw WidYq nrrn - .
2) lJw bWldYrp atrtrape, pukMp, drMrerreye a ^ rniwr ppsreept a
a lard tree ter oueoa ncretrlen tYte
~) EerPbr Ord ~P»~ eM HemrYq a mWOi vMup Nrpeatt w
weeu end auw peb trace
SECTION & INTERPRETATION BY THE COMMUNITY DEVELOPMENT DIRECTOR
Section 8.1: The Community Development Director tlitaU be empowered to make reasonable interpretations
of the regulations and provisions of this Ordnance, consistent with the legislative intent thereof. Persons
aggrieved by an interpretation of the Ordinance by the Community Development Director may petition the
Planning Commission in writing for review of said lnterpretatlon.
SECTION 9: SEVERABTLTTY CLAUSE
Section 9.1: U any sacdon, subsectioM sentem, clause or phrase of this Ordinance is for arty reason held to
be unconstitudoral, such derision shall not affect the valldty of the tetsuining portions of this Ordinance. The
legislatlve body hereby declares that it would have passed this Ordinance and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared unconstitutional. ,
SECTION 10: PUBLISHING CLAUSE
Section 10.1: The Clty Cletk is hereby authorized and directed to cause a certiAed 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, pubUshed and circulated in the City of Cupertino.
ORDQVANCE NO. 1484 (FP)
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SECTION iL• EFFECTIVE DATE
Sectlon11.1: Thla Ordinance No. 1484 shall take effect and be in full force thirty (30) days after its
enactment.
INTRODUCED at a regular meeting of the City Coundl of the City of Cupertino on thia~day of~h and
ENACTED at a regular meeting of the Gty Council of the City of Cupertino thiagQ day of tfarch , by the
following vote:
VOTE: COUNCIL MEMBERS
AYES: Gatto, Johnson, Koppel. Plungy
NAYS: None
ABSTAIN: None
ABSENT: Rogers
ATTEST• ~ APPROVHD:
Dorothy Corns - - - PI --- ~----
City Clerk yor