Ordinance 002(x) :~L 50,000.1
June o, 1967
C I T Y 0 F C U P E R T I:i 0
Calif o mia
~P. ~ ORDINANCE v0. 002(x)
002 (x) AN ORDINAl1CE OF THE CITY OF CUPERTINO REGULATI;IG
PLANNED OFFICE (OP) ZONES AND PLANNED INDL'S2'RIA1,
PARK (N~) ZONES -
Section THE CITY COUNCIL OF TEE CITY OF CUPERTINO DOES OR.DAIN
AS FOLLOWS:
1 REPEALING CLAL'SE
Ordinances :10. 002(h) aad 002(p) are hereby repealed as of
the effective date of this ordinance. The content of these
repealed ordinances is retained in thi~ Ordinance No. 002(x).
Certain requirements for OP Zones are extended to I~ Zones,
aad vice versa. A section requiring a Development Plan is
added.
2 I.'VTERIM NATURE OF TBIS ORDI:IANCE
This Ordiaaace is introduced and enacted in order to make
certaia needed adjustments in the requirements of Ordinances
No. 002(h) and 002(p). It fs uaderstood, that this Ordi-
naace No. 002(x) may be chsnged whea later made a part of the
entire revised Zoniag Ordiaaace.
3• PURPOSE: MINIMUM AREA TO BE REZONED
This Ordiaance is desigaed to provide regulations for parcels
or combiaations of pazcels of land of 25 acres or more on
which developmmt of profesaional admiaistrative and light
iadustrial parks is deemed appropriate.
4 USES PERrIITTED
4.1 Plaaaed Office Zones: ~
a. Professional offices
b. Executive and administrative offices
c. Medical aad allied laboracories
d. Research and development (no product for final
cons~ption)
4•2 Planned Iadustrial Park Zones:
All uses stated ia the above sub-paragraph; also light manu-
facturing, processing, assembling and storage of products
. and materials.
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June 6, 1967
002(x) REGULATIONS FOR OP ~„YD ~ ZONES (contiaued)
Section
5 OFFENSIVE USES PROHIBITED
No usa ehall be allowed which is or vill be offensive by reason
of the ~mission of dust. gas, smo:.s, noise, fume~, odors,
brigt~ lights, vibrations, auclear radiatioa, radio frequency
iaterfareace, or others:is~. F.ve:3 u;:a 3ha11 be operated ia
such maaaer chat tha volum~ of souad inherently aad recurreatly
geaerated shall not exceed seventy-five (75) decibels at aay
poiat on the propertq liae on which the use is located, or
sixty (60)decibels at aay poiat on the prop~rty line on ~hich
tha use is located vhere such property line abuta property
that is zon~d for resideatial purposes. Noise aad souads
shall b~ appropriat~lq muffl~d in such maaaer so as not to be
objectloaable as co iatermitteat beat, frequencq, or shrill-
ne~s. Provided further, that prior co issuaace of a build-
iag permit, the Buildiag Iaapector may reQuire evideace that
adequata controls, maasure~, or device~ have been provided to
insure aad prot~ct the public interest, health, comfort, con-
veaieace, szfety aad general welfare from such auisaaces.
6 LOT AREA, DII~NSIONS, AND COVERAGE '
Aiiaimum Iot sfz~: 1 acze
Miaimum lot dimeasion in aaq direction: 150 ft.
Maximum buildiag coverage: 40 percent
7 YARDS .
7.1 Front Yard: 50 ft. ia aa OP Zone; 30 ft. in aa Zone
Rear Yard : 30 ft. ia aa OP Zone; 25 ft. f.a aa ~ Zone
Side Yard : 20 ft. ia an OP Zone; 25 ft. in aa 1~ Zoae
Side Yard (faciag street or corner lot):
50 ft. in aa OP Zone; 25 ft. in an I~ Zone
7.2 In addition to the reQuiremeats in the above subparagraph, no
structure other thaa a feace or wall not mor~ than 6 ft. high
sha12 be locaced closer to a propertq liae chan the distaace
equal. to tha height of the structure measured from natural
grade, excapc as reQuired by Section 7.4 of chis Ordinance.
7.3 Ye: structure ia excess of 35 ft. ia heighc shall be located
cloaer to a re~idsntial zona thaa a distance equal to four
times its heighc.
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~ Jaa. 1, 1967
002(x) REGULATIONS FOR OP AND LfP ZONES (continued)
Section
7 c' d Yr1RDS
~~4 The minimum distance between a building in an OP or a~ Zone
and a Residential Zone shall be one huadred (100) ft. A
solid masonry wall or fence not less thaa six (6) ft. high
shall be located on the property liae adj.acent co a Residea-
tial Zone, if required by the Plaaaing Commission or the
Architectural and Site Control Co~ittee. Otherwise, there
shall be a buffer area aot less thaa twenty-five (25) ft.
wide adjoining a Residential Zone, landscaped as approved by
the Architectural and Site Coatrol Committee.
8 DISTANCE BETWEEN BUILDINGS
In addition to the requirements in Section 6 of this Ordinance
No. 002(x), the~e shall be a minimum distaace of 30 ft. be-
tween buildiags on the same lot; except for building complexes
of similar architecture on lot9 of 10 acres or more.
9 BUILDING HEIG$T
9.1 Building height shall not exceed three (3) stories nor forty
(40) ft. to top parapet wall. The height of a radio or TV
aerial, elevator penthouse, utility structures and necessary
mechanical appurteaaaces constructed on a roof shall not be
counted ia determining building height. The approval of the
Architectural and Site Control Co~ittee must be secured for
any of the foregoiag items extending above the roof line of
the buildiag.
9•2 The above Section 9.1 notwithstandiag, higher number of stories
thaa three (3) aad greater height thaa fortq (40) ft. will be
permitted for buildiags so designated ia a Development Plan;
subject to the restrtctions and procedures in Ordiaaace 220(g),
Sectioa 69.1 and 69.4.
10 FENCES, HIDGES AND WALLS
10.1 No feace, hedge or wall shall be higher than two and one-half
(2~ ft. within a front yard. ~11 plaating, f encing and walls,
including, but not restricted to feaces and walls along rear
aad side property line~, shall be as approved by the Architec-
tural and Site Control Committee.
11 SIGNS
11.1 Signs shall be subject to the provisiona of the Sign Ordinance
of the City of Cupertino :io. 89, 89(b), and 121.
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Jaa. 1, 1967
002(x) REGULATIONS FOR OP ~i~TD ZONES (continued)
Section
12 OFF-STREET PARRIl~IG
12.1 Tha dsvaloper mw t provide sufficiaat off-street parkiag aad
acc~ss laaes co acco~odate che permaneat working force withia
ths butlding to be constructed as vell as any and all visitors
to the buildiag~. As a minimum, ona car space shall be pro-
vided for each 1.3 emploqeea vorlcing withia che area, or:
a. Za aa OP Zone: One car space for each 150 sq.ft. of groas
floor araa ia buildiag~; or
b. Ia aa I~ Zoaa: Ona car space for each 250 sq.ft. of
building floor area exclusive of halls,
rast rooms, vaults, eleQator shafts,
lunch rooms, aad building maintenaace
area,
whichever number of car spacea is greater.
12.2 A paricing spac~ ~hall be dafiasd as 20 ft. x 10 ft. plus
sufficieat pav~~at for iagress aad egreas. Off-street
paricing will not ba allow~d withia the required fronc yard
nor ia anq required sid~ yard facing the street on a coraer
lot, aad shall not occupy spaea provi.ded in satisfactfon of ~
loadiag area r~quiremeats. ~
13 LOADING SPACE
13.1 Ia addition to paricing space required by Section 12 of this
Ordiaaace No. 002(x), there shall be provided at least ane (1)
permaneatly maiataiaed lcading spaca not less thaa tea (10) ft.
in width, thirty (30) ft. in leagth, aad fifteea (15) ft.
high for each 20,000 sq.ft. of gross building floor area or
fraction chereof. Al1 loadiag space shall have iagress and
egress from alley~ or sernice drives. Loading apace may not
ba located ~rithia the required front yard or ia aaq required
side yard facing the street on a coraer lot.
14 UTILITIES
14.1 All utilities includiag Water, gas, saaitarq and storm sewers,
uadergrouad power systema, electroliers, curb9, gutters,
screets aad sidewalks aad cona~ctions to maia syatems shall be
iastalled subject to the ~pecificatioas of che subdivision
ordiaaace of che Citp. All wires, pipas, cablea and utilicy
conaection~ shall be placed ia uadergrouad or subsurface con-
duits. Aa uaderground vault or well screened area must be pro-
vided by the developer for the iastallation of the necessary
traasformers to convert power co that required by a user.
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Jan. 1, 1967
002(x) REGULATIONS FOR OP AND MP ZONES (continued),
Section
15 DEVELOPMENT PLAN
15.1 A Development Plan, or successive modifications or additions
to the Developmeat Plan shall be submitted to the Planning
Commission for approval. Such Plan shall comprise enough
area to make possible, ia the judgmeat of the City Planner,
aa evaluation of the overall effect of the separate build-
ings and acCivities in each part of the development on the
development and on adjaceat areas.
15.2 A Developmeat Plaa shall include:
a. Types of buildings and location of areas which maq
be covered by buildings aow or in the future.
b. Proposed system of public aad private streets iacluding
cross-sectioaa for all type~ of streets.
c. Geaeral type of laadscaping.
d. Other inf ormation which may be requested by the
Planaing Com~ission or the City Planner.
16 ARCHITECTURAL AND SITE APPROVAI.
16.1 OP and 1~ Zones are subject to Architectural and Site review,
as set forth in Ordinaace No. 306 of the City of Cupertino,
defiaing the fuaction of the Architectural and Site Control
Co~i.tt ee .
17 OCCUPANC7C PERMIT
17.1 No buildiag or structure hereafter erected shall be occupied
uatil writtea notic~ has been received by the Building
Official of the Citq that it i~ readq for occupaacy, inspeccion
has beea made that it is in conformity with the Ordiaances of
the Citq aad aa occupancy permit issued therefore by the Build-
ing Official of the City.
17.2 In the event landscaping is not compleced at the time of
occupaacy due to weather conditions, a bond shall be posted
with the City Clerk in the amount to be determined by at least
two (2) Iawful bids.
18• PENALTIES
18.1 Any persoa, firm, corporation, partnership, or copartnership
who villfully violates any of the provisions, or fails to cor~-
ply with aay of che mandatory requirements of this ordinance,
is guilty of a misdemeaaor, aad upon conviction thereof, shall
be punishable by a fine not to exceed $500 or by imprisonment
nat to exceed six (6) months, or both fine and,imprisonment,
except that nothing hereia contained shall be deemed to bar any
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Jan. 1, 1967
002(x) REGULATIONS FOR OP AND ~ ZONES (contiaued)
Section
l8 c'd PENALTIES (continu~d)
18.1 legal, equitable, or su~ary remedy to which ths City of
Cupertino or other political subdivision, or any person,
firm, corporation, partnership, or copartaership may
otheswi~~ be eatitled, aad tha Citq of Cup~rtino or aay
ocher political aubdivisios or person, firm, corporation,
partnership, or copartnership maq file a suit ia the
Superior Court of the Couaty of Saata Clara, to restrain
or eajoia aay attempted or proposed subdivision, or acts,
ia violation of this ordinaace.
19 SEVERABILITY
19.1 If aaq s~ction, suba~ction, seateace, clause or phrase of
this ordiaance is for anq r~ason held by a Court of com-
peteat jurisdiction to b~ iavalid, euch decision shall aot
affect th~ naliditq of the remiining portions of this
ordiaance. Tha Citq Couacil of the City of Cupertino hereby
' decl.ares chat it vould'have paaaed this Ordinance and each
section, subsection, senteac~, clause and phrase therecf,
irrespective of th~ fact that anq ona or more sections, sub-
section~, seatence9, clausa~ or phrases be held invalid or
uaconstitutlonal.
20 PTJBLISSING GZAOSE
20.1 Tha Citq Clerk is hereby authorized and directed to cause a
copq of this Ordinaace to ba published, verbacim or condensed,
at least onc• withia fifteea (15) daqs after its enactmeat in
tha Cup~rtiao Couriar, tha official newapaper of the Cicy of
Cupeztiao. This ordiaaaca shsll take effect and be-ia force
thirty (30) days after its eaactmenL.
INTRODUCED at a r~gular m~etiag of the Citq Council of the
City of Cup~rtino, on the 17th daq of ~iay, 1965, and EYACTED
- at a regular meeting of the Cicq. Couacil of the Citq of
Cupertino chis 7th day of Juaa, 1965, by the following vote:
AYES : Couacilmea: Finch, Fitzgerald, Noel, Dempster
YAYS : Nona
ABSENT: Couacilmin: Stoke~
APPROVED:
/s/ J. Robert Dem~ster
~Sayor, City of Cupertino
aTTEST :
/s/ Lawrence K. ~tartin
City Clerk
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